In Defence of the Will Theory of Rights

Nicholas Vrousalis has aimed to recast an old objection to the will theory of rights by focusing on Hillel Steiner??s version of that theory. He has argued that Will Theory must either be insensitive to the (values of the) lives of the unempowerable, or be incomplete, because it has no argumentative resources within its conceptual apparatus to ascribe or justify restrictions on the amount of discretion exercised by legal officials. I show that both charges are problematic. They rely on some of Steiner??s inferences which are simply unjustified because they are based on misinterpretations of the logic of Hohfeld??s terminology. The problem for Vrousalis is that his critique takes for granted some of these flawed arguments. The critique is also misdirected to the extent that it assumes that the problems with Steiner??s theory affect Will Theory in general.     

On the Duties of Commission in Commercial Life. A Kantian Criticism of Moral Institutionalism

In latter-day discussions on corporate morality, duties of commission are fiercely debated. Moral institutionalists argue that duties of commission—such as a duty of assistance—overstep the boundaries of moral duty owed by economic agents. “Moral institutionalism” is a newly coined term for a familiar position on market morality. It maintains that market morality ought to be restricted, excluding all duties of commission. Neo-Classical thinkers such as Baumol and Homann defend it most eloquently. They underpin their position with concerns that go to the core of liberalism—the dominant western political theory that sustains the ideals of both the free market and the free, rational person. Those authors claim that liberalism calls for a fully differentiated market because it resents the politicization of the market. Fully differentiated markets exclude duties of commission. They also claim that full differentiation of the market closes the troublesome gap between moral motivation and moral virtue. Full differentiation redeems the promise of “easy virtue”. In this paper moral institutionalism will be rejected from a Kantian point of view, mostly inspired by Herman’s thesis on the invisibility of morality. Liberalism may perhaps ban the politicization of the market; it does not forbid its moralization. The idea of a fully differentiated market must also be rejected because it is either morally over-demanding (to the morally autonomous person) or morally hazardous (to the person with failing moral motivation). Contrary to what the moral institutionalists claim, right action, morally, is actually quite difficult in fully differentiated markets.     

Text and Tune,Speaking and Listening: Musical Resources in Pastoral Care

This article examines the power of music to help transform suffering. It draws on insights from the work of music theorist David Schwarz (1997) that bridges psychoanalysis, music, and culture; and from Daniel Levitin’s (2008) work on music and human nature, especially as it pertains to religion, ritual and songs. Schwarz describes listening to music as a process of retrospective fantasy and as a type of transference experience. If how we listen to music is shaped by traces of past experiences, then music as a resource in pastoral care has the potential to assist ministers in the process of guiding their parishioners to re-trace painful experiences in ways that “re-sound” with thoughts and feelings which have become an impediment to healing. A “case study” in which the author was a “player” (or more accurately performer) is briefly examined, and the role of music in the lives of Steve Lopez and Nathaniel Ayers (Lopez 2008) is explored to demonstrate how music—specifically religious music or song associated with religious ritual—is an overlooked resource for pastoral care. The article concludes with an illustration of how individuals’ personal associations with a hymn may have implications for pastoral care.     

A Dilemma for Higher-Order Theories of Consciousness

Higher Order theories of consciousness have their fair share of sympathisers, but the arguments mustered in their support are—to my mind—unduly persuasive. My aim in this paper is to show that Higher Order theories cannot accommodate the possibility of misrepresentation without either falling into contradiction, or collapsing into a First-Order theory. If this diagnosis is on the right track, then Higher Order theories—at least in the specific versions here considered—fail to give an account of what they set out to explain: what is distinctive of ‘conscious’ phenomena.     

Teaching and Truthfulness

Some tendencies in modern education—the stress on ‘performativity’, for instance, and ‘celebration of difference’—threaten the value traditionally placed on truthful teaching. In this paper, truthfulness is mainly understood, following Bernard Williams, as a disposition to ‘Accuracy’ and ‘Sincerity’—hence as a virtue. It is to be distinguished from truth (a property of beliefs), and current debates about the nature of truth are not relevant to the issue of the value of truthfulness. This issue devolves into the question of whether truthfulness is a distinctive virtue of teachers, which they have a special obligation to exercise in the face of competing aims. This paper defends the idea of distinctive professional duties and considers two conceptions of teaching which ascribe a central place to truthfulness. The first conceives of teaching as a personal relationship within which trust, and hence, it is claimed, truthfulness, are paramount. This claim is challenged, and the paper concludes by sympathetically considering a second conception of teaching, articulated by Oakeshott and Heidegger. In this conception, teaching is a ‘releasement’ from ‘the daily flux’ of pupils’ lives through a truthful initiation into the alternatives to this ‘daily flux’ found within ‘the civilized inheritance of mankind’.     

Synchrnoic consciousness from a neurological point of view: the philosophical foundations for neuroethics

Daniel Kolak’s theory of synchronic consciousness according to which the entire range of dissociative phenomena, from pathologies such as MPD and schizophrenia to normal dream states, are best explained in terms of consciousness becoming simultaneously identified as many selves, has revolutionary therapeutic implications for neurology and psychiatry. All these selves, according to Kolak—even the purely imaginary ones that exist as such only in our dreams—are not just conscious but also self-conscious, with beliefs, intentions, living lives informed by memories (confabulatory, in the case of the fictional ones) and personal histories. Kolak’s derivation of psychiatrically relevant aspects of his theory—a neurological rendition of a Kantian transcendental argument—can be given a straightforward neurological, and therefore open to scientific scrutiny, interpretation that would then more easily lend itself to the clinical setting in which these perplexing phenomena, along with their purveyors, must live and cope. This will be the main focus of this paper.     

No bare particulars

There are predicates and subjects. It is thus tempting to think that there are properties on the one hand, and things that have them on the other. I have no quarrel with this thought; it is a fine place to begin a theory of properties and property-having. But in this paper, I argue that one such theory—bare particularism—is false. I pose a dilemma. Either bare particulars instantiate the properties of their host substances or they do not. If they do not, then bare particularism is both unmotivated and false. If they do, then the view faces a problematic—and, I shall argue, false—crowding consequence.     

The rhetoric of dread: Fear, uncertainty, and doubt (FUD) in information technology marketing

This article examines the nature and legality of FUD, which—as will be seen—is a timely subject. IBM may have been FUD’s originator but its greatest practitioner is allegedly none other than Microsoft, which (according to the firm’s critics) has repeatedly exercised FUD tactics in order to acquire and maintain its operating system monopoly. In particular, this article compares Amdahl’s experience with IBM to the emerging contours of Microsoft’s battle against a surprisingly able competitor, the open source operating system called Linux. A major contention of this essay is that attorneys, judges, and legal scholars tend to pay insufficient attention to the unique characteristics of technology enterprises, and thus cannot distinguish meaningfully between practices that are plainly legal under U. S. antitrust law, and those which are not. A perspective drawn from the history and sociology of technology (namely, Thomas P. Hughes’ concept of technological systems) is used to elucidate what is predatory, and what is not, in a dominant market player’s use of FUD and associated marketing tactics. where his scholarly and teaching interests include cyberlaw, intellectual property in high-tech industries, and the social issues posed by advanced information technology. He is also the author of several best-selling trade and textbook titles, including Webster’s New World Dictionary of Computer Terms, 9th ed. (Hungry Minds) and Computers in Your Future, 4th ed. (Prentice-Hall). He lives in Charlottesville, Virginia.     

The ethics of morphing

Here’s one piece of practical reasoning: “If I do this then a person will reap some benefits and suffer some costs. On balance, the benefits outweigh the costs. So I ought to do it.” Here’s another: “If I do this then one person will reap some benefits and another will suffer some costs. On balance, the benefits to the one person outweigh the costs to the other. So I ought to do it.” Many influential philosophers say that there is something dubious about the second piece of reasoning. They say that it makes sense to trade-off costs and benefits within lives, but not across lives. In this paper I make a case for the second piece of reasoning. My case turns on the existence of morphing sequences—sequences of possible states of affairs across which people transform smoothly into other people.

Seeking Perfection: A Kantian Look at Human Genetic Engineering

It is tempting to argue that Kantian moral philosophy justifies prohibiting both human germ-line genetic engineering and non-therapeutic genetic engineering because they fail to respect human dignity. There are, however, good reasons for resisting this temptation. In fact, Kant’s moral philosophy provides reasons that support genetic engineering—even germ-line and non-therapeutic. This is true of Kant’s imperfect duties to seek one’s own perfection and the happiness of others. It is also true of the categorical imperative. Kant’s moral philosophy does, however, provide limits to justifiable genetic engineering.     

A New Form of Agent-Based Virtue Ethics

In Morals From Motives, Michael Slote defends an agent-based theory of right action according to which right acts are those that express virtuous motives like benevolence or care. Critics have claimed that Slote’s view— and agent-based views more generally— cannot account for several basic tenets of commonsense morality. In particular, the critics maintain that agent-based theories: (i) violate the deontic axiom that “ought” implies “can”, (ii) cannot allow for a person’s doing the right thing for the wrong reason, and (iii) do not yield clear verdicts in a number of cases involving “conflicting motives” and “motivational over-determination”. In this paper I develop a new agent-based theory of right action designed to avoid the problems presented for Slote’s view. This view makes morally right action a matter of expressing an optimal balance of virtue over vice and commands agents in each situation to improve their degree of excellence to the greatest extent possible.     

Conscience: Aquinas — With a hint of aristotle

The paper presents Aquinas’s account of conscience, and argues that key elements of this account are key elements too of Aristotle’s moral theory. The paper’s purpose is to encourage debate over conscience as not only a Stoic/Christian concept but one with deeper— and more widespread—roots in western ethical tradition.     

The Cultural Community: An Husserlian Approach and Reproach

What types of unity and disunity belong to a group of people sharing a culture? Husserl illuminates these communities by helping us trace their origin to two types of interpersonal act—cooperation and influence—though cultural communities are distinguished from both cooperative groups and mere communities of related influences. This analysis has consequences for contemporary concerns about multi- or mono-culturalism and the relationship between culture and politics. It also leads us to critique Husserl’s desire for a new humanity, one that is rational, cooperatively united, and animated by a universal philosophical culture. Reflecting on culture, a spiritually shaped and shared domain of the world, draws us to reflect also on ourselves as social and rational animals, and to ask, what should we reasonably hope for—and aim for—in a human culture that expresses and supports our shared lives of reason? Aristotle is used for occasional comparisons and contrasts.     

Moral Evil and Leibniz’s Form/Matter Defense of Divine Omnipotence

The purpose of this paper is to demonstrate that Leibniz’s form/matter defense of omnipotence is paradoxical, but not irretrievably so. Leibniz maintains that God necessarily must concur only in the possibility for evil’s existence in the world (the form of evil), but there are individual instances of moral evil that are not necessary (the matter of evil) with which God need not concur. For Leibniz, that there is moral evil in the world is contingent on God’s will (a dimension of divine omnipotence), with the result that even though it is necessary that God exerts his will, there are particular products of his will that are contingent and unnecessary—including human moral evil. If there are instances of evil which are contingent on God’s will and yet unnecessary, then the problematic conclusion for Leibniz’s view must be that human evil depends upon divine concurrence, not just for its possibility in the world (which is necessary) but for its instance (which is contingent). If the form/matter defense of omnipotence contains a true paradox, then God concurs in the form as well as the matter of evil. To assuage this difficulty for Leibniz, I will argue that he could either give up an Augustinian notion of evil, or rely upon a distinction between *potenta absoluta* and *potenta ordinate*, which was popular among important thinkers in the medieval period.     

Environmental Refugees: What Rights? Which Duties?

It is estimated that there could be 200 million‘environmental refugees’ by the middle of this century. One major environmental cause of population displacement is likely to be global climate change. As the situation is likely to become more pressing, it is vital to consider now the rights of environmental refugees and the duties of the rest of the world. However, this is not an issue that has been addressed in mainstream theories of global justice. This paper considers the potential of two leading liberal theories of international justice to address the particular issues raised by the plight of potential and actual environmental refugees. I argue that neither John Rawls’s ‘Law of Peoples’ approach nor Charles Beitz’s `cosmopolitanism' is capable of providing an adequate account of justice in this context. Beitz’s theory does have some advantages over Rawls’s approach but it fails to take proper account of the attachment that some people have to their own ‘home’. This revised version was published online in July 2006 with corrections to the Cover Date.     

Is Patriotism an Associative Duty?

Associative duties—duties inherent to some of our relationships—are most commonly discussed in terms of intimate associations such as of families, friends, or lovers. In this essay I ask whether impersonal associations such as state or nation can also give rise to genuinely associative duties, i.e., duties of patriotism or nationalism. I distinguish between the two in terms of their objects: the object of patriotism is an institutionalized political community, whereas the object of nationalism is a group of people who share a common identity, often grounded in a belief in shared history, and an aspiration for collective self-government together. I explore three arguments for the thesis that a special concern for one’s polity and fellow-citizens, or one’s nation and co-nationals, is an associative duty: from reciprocity, from collective self-determination, and from the well-being of compatriots or co-nationals. I argue that the relationship among compatriots is a more plausible contender for generating associative duties than the relationship among co-nationals, although even in this case there are questions whether these are genuinely associative duties, or simply special duties. Although the relationship among co-nationals is a less plausible contender for associative duties, the well-being argument does apply to the relationship among both co-nationals and compatriots. I also suggest that there is a certain privileging of the status quo in the way that associative duties arguments work, because they tend to operate from existing relations and associations.     

Does natural law have non-normative foundations?

This paper addresses one aspect of the natural law theory of Germain Grisez. According to Grisez, practical reason identifies the goods of human life prior to the invocation of any moral or normative notions. It can thus provide a non-normative foundation for moral theory. I present Grisez’s position and argue that the apparently non-normative aspect of natural law cannot support the moral position built upon it. I argue, in particular, that practical principles, as Grisez understands them, are best understood as speech acts. If this is correct, it is possible to develop a sceptical challenge to Grisez’s position. I am grateful to Michael Frede, Robert George, Richard Holton, Philip Pettit, and two anonymous reviewers for many helpful comments on this paper. This paper was presented at a seminar in the Department of Philosophy at Princeton University in November 1987, and I am grateful for the comments I received from the audience—in particular, Germain Grisez—on that occasion.     

Ambivalent desires and the problem with reduction

Ambivalence is most naturally characterized as a case of conflicting desires. In most cases, an agent’s intrinsic desires conflict contingently: there is some possible world in which both desires would be satisfied. This paper argues, though, that there are cases in which intrinsic desires necessarily conflict—i.e., the desires are not jointly satisfiable in any possible world. Desiring a challenge for its own sake is a paradigm case of such a desire. Ambivalence of this sort in an agent’s desires creates special problems for the project of reducing all facts about an agent’s desires to facts about his or her preferences over options. If this reductive project fails, there is reason to suspect that the Decision Theory cannot give us a complete theory of Humean rationality.     

Women’s porn sites—Spaces of fissure and eruption or “I’m a little bit of everything”

The historically significant but superficial divide between public and private spaces and identities has shaped women’s lives, subjectivities, and sexualities. In this article, I analyze women’s self-sponsored and self-published porn sites. Specifically, I focus on sites that demonstrate complex articulations of identity and subjectivity—sites that can be read as identity projects that appropriate cultural expectations of sexuality. To foreground this analysis, I first explore past work analyzing the public/private dichotomy and suggest that computers and virtual spaces are used to reinforce the flimsy separation between public and private. Using these discussions as scaffolding, I then read a selection of women’s porn sites, arguing that these women Web authors are inserting their embodied subjectivities into public space, and forcing a remapping of the lines of the public and private in ways that rupture public representations of sexuality. ‘Scarlet collar’ workers are the feminists of the modern age, say psychologists, free from coercion and the dangers of the traditional, male dominated business. In the past two years they have moved away from traditional activities such as prostitution and lap dancing to become the majority of cyberporn owners. —Cherry Norton, 2000, online The woman’s duty, as a member of the commonwealth, is to assist in the ordering, in the comforting, and in the beautiful adornment of the state. —J. Ruskin,Free and Ennobled, 1983, p. 291