道德法律化正当性的法哲学分析

正如约翰.罗尔斯所言:法律与道德的主题提出了许多不同的问题,而道德的法律强制、法律制度的道德基础则是其中的重要问题。[1]在我国,表面上看道德法律化正当性的确证在学界的主流观点中已通论达识,好像无须多论,实则道德法律化的语义含义及其正当性理据,仍有细论之必要。一道德法律化疏正“道德法律化”的术语,尽管在学界及日常生活中是一个被普遍使用的概念,但其内涵仍需廓清。从目前学界流行的主要观点来看,基本是在立法的意义上,将道德法律化理解为把最基本的道德规则通过立法程序上升为法律制度。“道德法律化是国家的立法机关借助于一…     

An open letter to institutional review boards considering Northfield Laboratories' PolyHeme trial

At the time of this writing, a widely publicized, waived-consent trial is underway. Sponsored by Northfield Laboratories, Inc. (Evanston, IL) the trial is intended to evaluate the emergency use of PolyHeme, an oxygen-carrying resuscitative fluid that might prevent deaths from uncontrolled bleeding. The protocol allows patients in hemorrhagic shock to be randomized between PolyHeme and saline in the field and, still without consent, randomized between PolyHeme and blood after arrival at an emergency department. The Federal regulations that govern the waiver of consent restrict its applicability to circumstances where proven, satisfactory treatments are unavailable. Blood-the standard treatment for hemorrhagic shock-is not available in ambulances but is available in hospitals. The authors argue that the in-hospital stage of the study fails to meet ethical and regulatory standards.     

Why people resort to coercion: the role of utility and legitimacy

This study focuses on why people may resort to coercive tactics. We tested the proposition that considerations of utility and legitimacy mediate effects of a powerholder's competence and reward structure on the use of coercion. Results showed that in general coercive tactics are employed less often than softer tactics, that coercive tactics are used more by more competent individuals than by less competent individuals, and that coercive tactics are used more often when the revenues of task performance benefited the agent of power than when they benefited both agent and target or when they benefited the target solely. Results identified perceived utility and perceived legitimacy as mediators of the decision to coerce the other or not. Copyright © 2006 John Wiley & Sons, Ltd.     

How the moralization of issues grants social legitimacy to act on one's attitudes

Actions that do not have as their goal the advancement or protection of one's material interests are often seen as illegitimate. Four studies suggested that moral values can legitimate action in the absence of material interest. The more participants linked sociopolitical issues to moral values, the more comfortable they felt advocating on behalf of those issues and the less confused they were by others' advocacy (Studies 1 and 2). Crime victims were perceived as being more entitled to claim special privileges when the crime had violated their personal moral values (Studies 3 and 4). These effects were strongest when the legitimacy to act could not already be derived from one's material interests, suggesting that moral values and material interest can represent interchangeable justifications for behavior. No support was found for the possibility that attitude strength explained these effects. The power of moralization to disinhibit action is discussed.     

How the disadvantaged appraise group-based exclusion: The path from legitimacy to illegitimacy

Although many forms of differential treatment based on group membership are perceived to be legitimate, disadvantaged group members’ responses to discrimination have been studied primarily in contexts in which such treatment is appraised as illegitimate. This has resulted in an impoverished understanding of differential group-based treatment and a failure to illuminate the processes by which discrimination can shift from being seen as legitimate to being viewed as illegitimate. We discuss the determinants of disadvantaged group members’ legitimacy appraisals and the de-legitimisation process, whereby forms of discrimination appraised as legitimate come to be increasingly perceived as illegitimate. Whether group-based exclusion is addressed collectively or individually depends on socio-structural factors such as the pervasiveness of discrimination, impermeability of intergroup boundaries, and the availability of cognitive alternatives to the status quo. We conclude that understanding the antecedents and consequences of legitimacy appraisals is necessary to develop a comprehensive account of disadvantaged group members’ experiences of group-based discrimination.     

On the moral significance of contribution to poverty

In a paper from 2005, Gerhard Overland defends the thesis that one's responsibility to render assistance is not affected by having contributed to the situation by causing harm. Overland applies this thesis to the issue of what duties relatively well-off people have in terms of rendering assistance to the global poor and argues for the sub-conclusion that contribution carries little momentum when assessing our duty to assist people in severe need if we can do so at a little cost. In this paper, I discuss Overland's argument in favor of the sub-conclusion and try to show that it is not sound.     

Vicarious moral licensing: the influence of others' past moral actions on moral behavior

This article investigates the effect of others' prior nonprejudiced behavior on an individual's subsequent behavior. Five studies supported the hypothesis that people are more willing to express prejudiced attitudes when their group members' past behavior has established nonprejudiced credentials. Study 1a showed that participants who were told that their group was more moral than similar other groups were more willing to describe a job as better suited for Whites than for African Americans. In Study 1b, when given information on group members' prior nondiscriminatory behavior (selecting a Hispanic applicant in a prior task), participants subsequently gave more discriminatory ratings to the Hispanic applicant for a position stereotypically suited for majority members (Whites). In Study 2, moral self-concept mediated the effect of others' prior nonprejudiced actions on a participant's subsequent prejudiced behavior such that others' past nonprejudiced actions enhanced the participant's moral self-concept, and this inflated moral self-concept subsequently drove the participant's prejudiced ratings of a Hispanic applicant. In Study 3, the moderating role of identification with the credentialing group was tested. Results showed that participants expressed more prejudiced attitudes toward a Hispanic applicant when they highly identified with the group members behaving in nonprejudiced manner. In Study 4, the credentialing task was dissociated from the participants' own judgmental task, and, in addition, identification with the credentialing group was manipulated rather than measured. Consistent with prior studies, the results showed that participants who first had the opportunity to view an in-group member's nonprejudiced hiring decision were more likely to reject an African American man for a job stereotypically suited for majority members. These studies suggest a vicarious moral licensing effect.     

The myth of the moral faculty: Response to Kirkby

David Kirkby argues that I have misrepresented Marc Hauser's conception of a moral faculty, in a way that invalidates my chief arguments against the existence and necessity of such a faculty. The core of Kirkby's challenge is that what Hauser lists as necessary conditions for the moral faculty to do its work are not themselves components of that faculty. I argue that there is no useful way to distinguish necessary conditions of moral judgments from the alleged moral faculty itself, and that even if we could do this, we would be left with an empty non-explanation of the supposed moral faculty that amounts to nothing more than the claim that we have a faculty that generates judgments of right versus wrong.     

Motivational antecedents to maturity of moral judgment

This study was undertaken to examine the independent influences of conative development (the Maslow needs hierarchy) upon aspects of prosocial orientations. It was designed to establish the role of conative development in moral reasoning among high school men at two age levels (sophomores and seniors), controlling for cognitive skills and social role-taking opportunities. As such, it attempts to break new ground in relating motivational constructs to the moral development literature. Conative maturity was found to be a necessary antecedent to attainment of higher level moral reasoning among high school men. Fixation and consolidation of moral reasoning was evidenced in connection with conative fixation among high school seniors. Results are discussed in terms of implications of conative growth for development of prosocial orientations in general and moral reasoning strategies in particular.Ordering of authors names was determined by random procedure and is not indicative of disproportionate contributions to the overall research.     

Assessing two competing approaches to the psychology of moral judgments

This paper brings together the social intuitionist view of the psychology of moral judgments developed by Jonathan Haidt, and the recent morphological rationalist position of Terry Horgan and Mark Timmons. I will end up suggesting that Horgan and Timmons have offered us a more plausible account of the psychology of moral judgment formation. But the view is not without its own difficulties. Indeed, one of them might prove to be quite serious, as it could support a form of skepticism about understanding our own motivating reasons.     

The ethic of caring: the moral response to suffering

An ethic of care can be distinguished from an ethic based on autonomous rights, utilitarian principles, or indeed principles of any kind, since care has less to do with intellect than with emotions and will. Moreover, an ethic of care is consistent with the example of Jesus and the virtues advocated by the apostle Paul. Emily A. Hitchens and Lilyan S. Snow make their case with particular reference to accounts by Civil War nurses, who developed the skills of care without precedent and without the expectation of cure that scientific medicine has aroused.     

Moral prototypes and moral behavior: Specific effects on emotional precursors of moral behavior and on moral behavior by the activation of moral prototypes

The present studies investigated the extent to which three basic moral prototypes, “just,” “brave”, and “caring”, are related to moral, prosocial behavior. In five studies, we tested (a) whether people would associate three basic types of moral behavior (helping behavior, moral courage, and heroism) with three moral prototypes, and (b) whether specific emotional precursors of moral behavior and moral behavior itself could be promoted by activating the respective moral prototype. As expected, Studies 1–3 revealed that people associated helping behavior with the caring prototype, moral courage with the just prototype, and heroism with the brave prototype. Studies 4 and 5 showed that the activation of the three prototypes differentially influenced emotional precursors of the three types of moral behavior (Study 4) as well as actual moral behavior (Study 5). Thus, the five studies revealed that people associate different moral behaviors with different moral prototypes and that a certain moral behavior can be activated by the priming of the related prototype. Copyright © 2010 John Wiley & Sons, Ltd.