Legal punishment of immorality: once more into the breach

Gerald Dworkin’s overlooked defense of legal moralism attempts to undermine the traditional liberal case for a principled distinction between behavior that is immoral and criminal and behavior that is immoral but not criminal. According to Dworkin, his argument for legal moralism “depends upon a plausible idea of what making moral judgments involves.” The idea Dworkin has in mind here is a metaethical principle that many have connected to morality/reasons internalism. I agree with Dworkin that this is a plausible principle, but I argue that some of the best reasons for accepting it actually work against his enforcement thesis. I propose a principled distinction between the immoral-and-criminal and the immoral-but-not-criminal, and argue that a principle at least very much like it must be correct if the metaethical principle Dworkin avows is correct.     

Too much ado about belief

Three commitments guide Dennett’s approach to the study of consciousness. First, an ontological commitment to materialist monism. Second, a methodological commitment to what he calls ‘heterophenomenology.’ Third, a ‘doxological’ commitment that can be expressed as the view that there is no room for a distinction between a subject’s beliefs about how things seem to her and what things actually seem to her, or, to put it otherwise, as the view that there is no room for a reality/appearance distinction for consciousness. We investigate how Dennett’s third doxological commitment relates to his first two commitments and whether its acceptance should be seen as a mere logical consequence of acceptance of the first two. We will argue that this is not the case, that Dennett’s doxological commitment is in need of independent motivation, and that this independent motivation is not forthcoming.     

JOHN LOCKE AND THE PROBLEMS OF MORAL KNOWLEDGE

Abstract:  In this paper, I argue that John Locke's account of knowledge coupled with his commitments to moral ideas being voluntary constructions of our own minds and to divine voluntarism (moral rules are given by God according to his will) leads to a seriously flawed view of moral knowledge. After explicating Locke's view of moral knowledge, highlighting the specific problems that seem to arise from it, and suggesting some possible Lockean responses, I conclude that the best Locke can do is give us a trivial account of moral knowledge which cannot avoid problems with subjectivity and relativism.     

MAXIMALITY,DUPLICATION, AND INTRINSIC VALUE

In this paper, I develop an argument for the thesis that ‘maximality is extrinsic’, on which a whole physical object is not a whole of its kind in virtue of its intrinsic properties. Theodore Sider has a number of arguments that depend on his own simple argument that maximality is extrinsic. However, Peter van Inwagen has an argument in defence of his Duplication Principle that, I will argue, can be extended to show that Sider's simple argument fails. However, van Inwagen's argument fails against a more complex, sophisticated argument that maximality is extrinsic. I use van Inwagen's own commitments to various forms of causation and metaphysical possibility to argue that maximality is indeed extrinsic, although not for the mundane reasons that Sider suggests. I then argue that moral properties are extrinsic properties. Two physically identical things can have different moral properties in a physical world. This argument is a counterexample to a classical ethical supervenience idea (often attributed to G.E. Moore) that if there is identity of physical properties in a physical world, then there is identity in moral properties as well. I argue moral value is ‘border sensitive’ and extrinsic for Kantians, utilitarians, and Aristotelians.     

Reconciling the Stoic and the Sceptic: Hume on Philosophy as a Way of Life and the Plurality of Happy Lives

On the one hand, Hume accepts the view – which he attributes primarily to Stoicism – that there exists a determinate best and happiest life for human beings, a way of life led by a figure whom Hume calls ‘the true philosopher’. On the other hand, Hume accepts that view – which he attributes to Scepticism – that there exists a vast plurality of good and happy lives, each potentially equally choiceworthy. In this paper, I reconcile Hume's apparently conflicting commitments: I argue that Hume's ‘Sceptical’ pluralism about the character of the happiest life need not conflict with his ‘Stoic’ advocacy of the supreme happiness of the true philosopher, given Hume's flexible understanding of how one might live as a true philosopher.     

Leibniz on Infinite Numbers,Infinite Wholes,and Composite Substances

Leibniz claims that nature is actually infinite but rejects infinite number. Are his mathematical commitments out of step with his metaphysical ones? It is widely accepted that Leibniz has a viable response to this problem: there can be infinitely many created substances, but no infinite number of them. But there is a second problem that has not been satisfactorily resolved. It has been suggested that Leibniz's argument against the world soul relies on his rejection of infinite number, and, as such, Leibniz cannot assert that any body has a soul without also accepting infinite number, since any body has infinitely many parts. Previous attempts to address this concern have misunderstood the character of Leibniz's rejection of infinite number. I argue that Leibniz draws an important distinction between ‘wholes’ – collections of parts that can be thought of as a single thing – and ‘fictional wholes’ – collections of parts that cannot be thought of as a single thing, which allows us to make sense of his rejection of infinite number in a way that does not conflict either with his view that the world is actually infinite or that the bodies of substances have infinitely many parts.     

In Defence of Conceptual Integration

According to the ‘integration approach’, interpretations of political concepts should (1) explain that they stand for rights we ought to respect and (2) be both compatible and mutually supporting. I start by clarifying what this means, and proceed to an examination of Ronald Dworkin’s latest argument for value holism. I argue that his argument fails to provide a convincing case for the integration approach. I go on to argue that we nonetheless should accept that interpretations of political concepts should be compatible, because denying it would be inconsistent with (1), and the fact that ‘ought implies can’. I then provide reasons for thinking that we also cannot really satisfy (1) for any particular concept without giving reasons in term of what fall under other concepts—that is, interpreting the concepts as mutually supporting. We thus have reasons to accept both parts of (2). Finally, I defend the integration approach from three important objections: First, that it conflates different values; secondly, that it is inconsistent with ordinary language-usage; and thirdly, that it overlooks important telic values. I conclude that none of these compels us to abandon the integration approach.     

Is evil just very wrong?

Is evil a distinct moral concept? Or are evil actions just very wrong actions? Some philosophers have argued that evil is a distinct moral concept. These philosophers argue that evil is qualitatively distinct from ordinary wrongdoing. Other philosophers have suggested that evil is only quantitatively distinct from ordinary wrongdoing. On this view, evil is just very wrong. In this paper I argue that evil is qualitatively distinct from ordinary wrongdoing. The first part of the paper is critical. I argue that Luke Russell’s attempt to show that evil is only quantitatively distinct from ordinary wrongdoing fails. Russell’s argument fails because it is based on an implausible criterion for determining whether two concepts are qualitatively distinct. I offer a more plausible criterion and argue that based on this criterion evil and wrongdoing are qualitatively distinct. To help make my case, I sketch a theory of evil which makes a genuinely qualitative distinction between evil and wrongdoing. I argue that we cannot characterize evil as just very wrong on plausible conceptions of evil and wrongdoing. I focus on act-consequentialist, Kantian, and contractarian conceptions of wrongdoing.     

Religiously Conservative Citizens and the Ideal of Conscientious Engagement: A Comment on Wolterstorff and Eberle

Nicholas Wolterstorff and Christopher J. Eberle have defended the view that the ethics of liberal citizenship allows citizens to publicly support the passage of coercive laws based solely on their religious convictions. They also develop positive conceptions of virtuous citizenship that place moral limits on how citizens may appeal to their religion. The question I address in this essay is whether the limits they impose on citizens’ appeals to their religion are adequate. Since Eberle’s “ideal of conscientious engagement” provides us with the most extensive statement of these limits, it is the primary focus of my attention here. My conclusion is that in its current form, Eberle’s ideal is not constraining enough. In the first section, I argue that Eberle’s ideal does not require citizens to be self-critical enough about their religious and political commitments. In the second section, I highlight a conflict between Eberle’s ideal and the need for citizens to respect the religious freedom of their fellow citizens. I argue that the way to resolve this conflict is to adopt a more fine-grained conception of religious reasons and to hold that citizens should not rely on religious reasons of certain kinds. In the final section, I argue that laws punishing or discouraging homosexual conduct (which Eberle’s ideal would apparently allow) violate what Wolterstorff calls “the Idea of liberal democracy” and so are not the kind of proposal that virtuous citizens can defend.     

Aristotle's De Anima: On Why the Soul is Not a Set of Capacities

Although it is common for interpreters of Aristotle's De Anima to treat the soul as a specially related set of powers of capacities, I argue against this view on the grounds that the plausible options for reconciling the claim that the soul is a set of powers with Aristotle's repeated claim that the soul is an actuality cannot be unsuccessful. Moreover, I argue that there are good reasons to be wary of attributing to Aristotle the view that the soul is a set of powers because this claim conflicts with several of his metaphysical commitments, most importantly his claims about form and substance. I argue that although there are passages in the De Anima in which Aristotle discusses the soul in terms of its powers or capacities, these discussions do not establish that the soul is a set of capacities.     

Dworkin and Casey on abortion

This article responds to two important recent treatments of abortion rights. I will mainly discuss Ronald Dworkin's recent writings concerning abortion: his article "Unenumerated rights: whether and how Roe should be overruled," and his book Life's Dominion. In these writings Dworkin presents a novel view of what the constitutional and moral argument surronding abortion is really about. Both debates actually turn, he argues, on the question of how to interpret the widely shared idea that human life is sacred. At the heart of the abortion debate is the essentially religious notion that human life has value which transcends its value to any particular person; abortion is therefore at bottom a religious issue. Dworkin hopes to use this analysis to show that the religion clauses of the First Amendment provide a "textual home" for a woman's right to choose abortion. I wish to scrutinize this suggestion here; I want to probe the precise consequences for abortion rights of such an understanding of their basis. I will argue that the consequences are more radical than Dworkin seems to realize. The other work I will examine here is the important 1992 Supreme Court decision on abortion, Planned Parenthood v. Casey. The controlling opinion in that case, written jointly by Justices Kennedy, O'Connor, and Souter, strongly reaffirmed Roe v. Wade, but also upheld most of the provisions of a Pennsylvania statute that had mandated various restrictions on abortion. The justices' basis for upholding these restictions was their introduction of a new constitutional standard for abortion regulations, an apparently weaker standard than those that had governed previous Supreme Court abortion decisions. I think there is a flaw in Casey's new constitutional test for abortion regulations, and I will explain, when we turn to Casey, what it is and why it bears a close relation to Dworkin's reluctance to carry his argument as far as it seems to go.     

Instrumentalist Interpretations of Hindu Environmental Ethics

Many environmental ethicists believe that any adequate environmental ethic should attribute ‘direct moral standing’ (often glossed in terms of intrinsic value) to plants, animals, and the rest of nature. But certain interpretations of Hindu environmental ethics apparently attribute only instrumental value to nature. This places them in direct conflict with the purported adequacy condition on an environmental ethic. So, is such a Hindu ethical view really inadequate? In his recent book Hinduism and Environmental Ethics, Christopher Framarin claims that it is because Hindu instrumentalism about nature is either viciously circular or unacceptably arbitrary. I argue, however, that Framarin’s claim founders in virtue of his misconstruing the logical structure of instrumental value.     

A liberal realist answer to debunking skeptics: the empirical case for realism

Debunking skeptics claim that our moral beliefs are formed by processes unsuited to identifying objective facts, such as emotions inculcated by our genes and culture; therefore, they say, even if there are objective moral facts, we probably don’t know them. I argue that the debunking skeptics cannot explain the pervasive trend toward liberalization of values over human history, and that the best explanation is the realist’s: humanity is becoming increasingly liberal because liberalism is the objectively correct moral stance.     

Moral Theory in the Fiction of Isabelle de Charrière: The Case of Three Women

Not all those who write philosophy are recognized as philosophers. In this paper I argue that Dutch writer Isabelle de Charrière, usually known as a novelist, is actually engaged in doing moral philosophy. In the second half of the eighteenth century, Charrière wrote novels about characters who endorsed moral theories and commitments. Her novels track the dilemmas that these characters face in trying to live according their moral theories and commitments. I consider the case for treating fiction as philosophically valuable, and argue that Charrière's novels fall into the category of philosophically valuable fiction.     

Alasdair MacIntyre's Analysis of Tradition

I argue that, in analysing the structure and development of moral traditions, MacIntyre relies primarily on Kuhn's model of scientific tradition, rather than (as is held by at least two influential commentators) on Lakatos' model. I unpack three foci of Kuhn's conception of the sciences, namely: the ‘crisis’ conception of scientific development, what I call the ‘systematic conception’ of scientific paradigms, and the view that successive paradigms are incommensurable. I then show that these three foci are integrated into MacIntyre's account of the development of moral traditions with a surprising degree of faithfulness to Kuhn. And crucially, I argue against the overall cogency of his account, given the disparities I pinpoint between scientific and moral traditions. My overall critique is, however, fundamentally friendly, since nothing I have to say invalidates the very notion of a moral tradition, and all I am calling for are less problematic construals of that notion.     

An Argument for Intrinsic Value Monism

Philosophia - In this paper I argue that there is only one intrinsic value (i.e. intrinsic value monism). I start by examining three aspects of values that are often taken to count against this...