The Limits of Virtue Jurisprudence

In response to Lawrence Solum's advocacy of a 'virtue–centred theory of judging', I argue that there is indeed important work to be done in identifying and characterising those qualities of character that constitute judicial virtues – those qualities that a person needs if she is to judge well (though I criticise Solum's account of one of the five pairs of judicial vices and virtues that he identifies – avarice and temperance). However, Solum's more ambitious claims – that a judge's vice necessarily corrupts her decisions, and that in at least some contexts we must define a legally correct decision as one that would be reached by a virtuous judge – should be rejected: we can undermine the former by attending to the requirements of due process, and the latter by attending to the ways in which a judge would try to justify her decision.     

NATURAL GOODNESS AND NATURAL EVIL

In Natural Goodness Philippa Foot gives an analysis of the concepts we use to describe the characteristics of living things. She suggests that we describe them in functional terms, and this allows us to judge organisms as good or defective depending on how well they perform their distinctive functions. Foot claims that we can judge intentional human actions in the same way: the virtues contribute in obvious ways to good human functioning, and this provides us with grounds for making moral judgements. This paper criticises Foot’s argument by challenging her notion of function. I argue that the type of judgement she makes about living things requires an evolutionary biological account of function. However, such an account would render her meta‐ethical claims implausible, since it is unlikely that human beings are adapted to be maximally virtuous. I conclude that Foot is wrong about the logical structure of our judgements of human action.     

Other–Regarding Epistemic Virtues

Epistemologists often assume that an agent's epistemic goal is simply to acquire as much knowledge as possible for herself. Drawing on an analogy with ethics and other practices, I argue that being situated in an epistemic community introduces a range of epistemic virtues (and goals) which fall outside of those typically recognized by both individualistic and social epistemologists. Candidate virtues include such traits as honesty, integrity (including an unwillingness to misuse one's status as an expert), patience, and creativity. We can understand such traits to be epistemic virtues insofar as they tend to produce knowledge – not for the agent alone, but for her community. Recognition of such 'other–regarding epistemic virtues' both broadens the area of inquiry of epistemology, and introduces new standards for the evaluation of epistemic agents.     

Virtue or Art?: Political Friendship Reconsidered

In Talking to Strangers (2004), Danielle Allen argues that democratic citizens will need to acquire new habits for contending with distrust in order to prolong the democratic experiment. Though Allen's solution recalls her reading of the Republic, it is to Aristotle, not Plato, that she turns for help theorizing those habits. Drawing upon the Nicomachean Ethics, she proposes arts or techniques that might substitute for and outpace justice by enabling democratic strangers to treat one another like friends. While I endorse Allen's analysis of the problems posed by rising levels of distrust, I propose a different solution. First, I argue that the habits Allen describes would have to be virtues and not merely techniques in order to effect real political change. Then, second, I identify those habits as “piety” and “gratitude”—virtues which, I contend, are not so much substitutes for as supplements to justice. My argument thus elaborates Thomas Aquinas's account of justice and its “potential parts” in the Summa Theologiae.     

Practical Skills and Practical Wisdom in Virtue

This paper challenges a frequent objection to conceptualizing virtues as skills, which is that skills are merely capacities to act well, while virtues additionally require being properly motivated to act well. I discuss several cases that purport to show the supposed motivational difference by drawing our attention to the differing intuitions we have about virtues and skills. However, this putative difference between virtue and skill disappears when we switch our focus in the skill examples from the performance to the performer. The ends of a practice can be used to judge not only the skilfulness of a performance, but also the motivational commitment of the performer. Being virtuous requires both acting well and being properly motivated to do so, which can be captured by viewing virtues as the moral subset of skills. In claiming this, though, I resist the idea that there is no element in virtue that is not found in other skills. Virtue requires being practically wise about how practices fit into a conception of the good life, but other skills do not. I further argue that this difference doesn't undermine the ‘virtue as skill’ thesis, as it's the connection between virtues and morality that requires practical wisdom.     

Deep, dark…or transparent? Knowing our desires

The idea that introspection is transparent—that we know our minds by looking out to the world, not inwards towards some mental item—seems quite appealing when we think about belief. It seems that we know our beliefs by attending to their content; I know that I believe there is a café nearby by thinking about the streets near me, and not by thinking directly about my mind. Such an account is thought to have several advantages—for example, it is thought to avoid the need to posit any extra mental faculties peculiar to introspection. In this paper I discuss recent attempts to extend this kind of outwards-looking account to our introspective knowledge of desire. According to these accounts, we know our desires by attending to what in the world we judge to be valuable. This, however, does not deal satisfactorily with cases where my value judgments and introspective knowledge of my desires come apart. I propose a better alternative for the proponent of transparency, but one that requires giving up on the supposed metaphysical advantages.     

On Being Responsible and Holding Responsible

A number of philosophers have recently argued that we should interpret the debate over moral responsibility as a debate over the conditions under which it would be “fair” to blame a person for her attitudes or conduct. What is distinctive about these accounts is that they begin with the stance of the moral judge, rather than that of the agent who is judged, and make attributions of responsibility dependent upon whether it would be fair or appropriate for a moral judge to react to the agent in various (negative) ways. This is problematic, I argue, because our intuitions about whether and when it would be fair to react negatively to another are sensitive to a host of considerations that appear to have little or nothing to do with an agent’s responsibility or culpability for her attitudes or behavior. If this is correct, then theories which make attributions of responsibility dependent upon the appropriateness of our reactions as moral judges will turn out to be fundamentally misguided. I am grateful to Barbara Herman, T. M. Scanlon, and two anonymous reviewers for The Journal of Ethics for their helpful comments on earlier drafts of this paper. I am also grateful to Pamela Hieronymi and the members of her Fall 2201 graduate seminar on moral responsibility at UCLA, and to the audience members at Simon Fraser University, for their valuable feedback on earlier versions of this material. My biggest debt of gratitude goes to Jean Roberts, for stimulating discussion and insightful commentary on multiple drafts of this paper.     

The Virtue Epistemology of Maria Montessori

This paper shows how Maria Montessori's thought can enrich contemporary virtue epistemology. After a short overview of her ‘interested empiricist’ epistemological framework, I discuss four representative intellectual virtues: sensory acuity, physical dexterity, intellectual love, and intellectual humility. Throughout, I show how Montessori bridges the divide between reliabilist and responsibilist approaches to the virtues and how her particular treatments of virtues offer distinctive and compelling alternatives to contemporary accounts. For instance, she emphasizes how sensory acuity is a virtue for which one can be responsible, highlights the embodied nature of cognition through a focus on physical dexterity, interprets intellectual love as a way of loving the world rather than as a love that takes knowledge as its object, and presents an alternative account of intellectual humility to contemporary emphases on the interpersonal dimensions of this virtue.     

Empathy—What One Hand Giveth,the Other Taketh Away: Commentary on Paper by Lynne Layton

In this commentary I support Layton's vision of psychotherapy as an unavoidably political practice. However, I caution against a belief in empathy as a primary means of motivating political activity. By sketching a brief history of the concept of empathy, I argue that it is a problematic concept that ultimately will not lead the profession to the type of progressive political practice Layton encourages it to undertake. Empathy preoccupies therapists and patients with inwardness, self-absorption, a modified but sometimes still present objectivism, and an apolitical vision trapped in the Cartesianism from which it originated. I suggest alternative terms to describe what therapists do when they believe they are acting empathically; offer philosophical, political, and socioeconomic reasons why therapists are reluctant to think in alternative terms; and make a link between those terms and a more effective, hermeneutic way of attending to the social realm. I conclude that empathy is not a natural, instinctive process that produces an automatic result and that what therapists mean by empathy is much more a culturally formed moral virtue than a technical skill; it is not a natural, instinctive process that produces an automatic result. Therapists, patients, and the society would be better served if we came to understand and appreciate the difference between virtues and skills, and confront the implications of that difference for both the politics of therapy and a therapeutic politics.     

A Feminist Defense of the Unity of the Virtues

In The Impossibility of Perfection, Michael Slote tries to show that the traditional Aristotelian doctrine of the unity of the virtues is mistaken. His argumentative strategy is to provide counterexamples to this doctrine, by showing that there are what he calls “partial virtues”—pairs of virtues that conflict with one another but both of which are ethically indispensible. Slote offers two lines of argument for the existence of partial virtues. The first is an argument for the partiality of a particular pair of virtues: frankness and tact. The second is a kind of feminist critique. I argue that both of these lines of argument fail. In both cases, Slote fails to ask whether the apparent conflict between putatively partial virtues has arisen from a misunderstanding of the demands of those virtues. From this error I suggest we can learn an important lesson: whether in our studies thinking about the virtues or in our everyday lives trying to practice them, it is a serious mistake to focus on the relationships among virtues without considering precisely what each of these virtues demands.     

Ignorance and Virtue

Abstract

Julia Driver has argued that there is a class of virtues that are compatible with or even require that an agent be ignorant in some respect. In this paper I argue for an alternative conception of the relationship between ignorance and virtue. The dispositions constitutive of virtue must include sensitivity to human limitations and fallibility. In this way the virtues accommodate ignorance, rather than require or promote it. I develop my account by considering two virtues in particular: tolerance (the paradigm for my account) and modesty (which Driver employs as the paradigm for her account). Although several philosophers have offered alternatives to Driver's account of modesty and others have discussed tolerance as a moral virtue, an adequate account of the role of ignorance in the specification of the virtues generally has yet to be provided. I believe that similarities between the two virtues are instructive for defining that role.     

Moral Overridingness and Moral Theory

I begin by proposing and explicating a plausible articulation of the view that morality is overriding. I then argue that it would be desirable for this thesis to be sustained. However, the prospects for its vindication will depend crucially on which moral theory we adopt. I examine some schematic moral theories in order to bring out which are friendly and which unfriendly to moral overridingness. In light of the reasons to hope that the overridingness thesis can be sustained, theories apparently incompatible with it – I argue that consequentialism is one – have a count against them.     

Anger and the virtues: a critical study in virtue individuation

Aristotle and others suggest that a single virtue – ‘good temper’ – pertains specifically to anger. I argue that if good temper is a single virtue, it is constituted by aspects of a combination of other virtues. I present three categories of anger-relevant virtues – those that (potentially) dispose one to anger; those that delay, mitigate, and qualify anger; and those required for effortful anger control – and show how virtues in each category make distinct contributions to good temper. In addition to clarifying the relationship between anger and the virtues, my analysis has theoretical implications for virtue individuation more generally, and practical implications for character cultivation.     

Reproductive autonomy rights and genetic disenhancement: sidestepping the argument from backhanded benefit

John Robertson has famously argued that the right to reproductive autonomy is exceedingly broad in scope. That is, as long as a particular reproductive preference such as having a deaf child is "determinative" of the decision to reproduce then such preferences fall under the protective rubric of reproductive autonomy rights. Importantly, the deafness in question does not constitute a harm to the child thereby wrought since unless the child could be born deaf he or she would otherwise never have existed--his or her prospective parents would simply have chosen to abort. As such, for this child, being born deaf counts as a benefit, albeit of the "backhanded" variety, since the only other practical alternative is nonexistence. In what follows, I want to investigate this argument in detail. The target of my investigation will be the possible future use of gene therapy technology to "disenhance" one's offspring. I intend to show that the apparently unlimited right to reproductive autonomy, that is, the right to choose both the quantity and qualities of future offspring, entailed by the argument from backhanded benefit can in fact be "sidestepped" through considering what sorts of reproductive practices we as a society ought to allow.     

One Good Turn Deserves Another

Elizabeth Bucar has provided a service to the guild with her introduction to the emergent field of visual ethics. In this comment I undertake to expand the picture she presents. I argue that the visual dimension of ethics includes a “dark side” not addressed in her piece, and go on to consider a number of current avenues of inquiry in which religious ethics intersects with visual studies. After briefly considering some of the distinctive methodological challenges attending the visual turn in ethics, I conclude my survey of this new field with some comments on the moral qualities of cinema.     

Inconsistencies in repeated refugee status decisions

Consistency in civil servant decisions is paramount to upholding judicial equality for citizens and individuals seeking safety through governmental intervention. We investigated refugee status decisions made by a sample of civil servants at the Swedish Migration Agency. We hypothesized, based on the emotional demands such decisions bring with them, that participants would exhibit a compassion fade effect such that refugee status was less likely to be granted over time. To test this, we administered a questionnaire containing brief presentations of asylum seekers and asked participants to judge how likely they would be to give refugee status to the person. Crucially the first, middle, and final case presented were matched on decision relevant characteristics. Consistent with our hypothesis, we saw a significant decline in ratings. These effects were accentuated by the amount of time a participant had worked at the agency, consistent with depletion of affective resources, and attenuated in workers with greater responsibility and additional training. We conclude that active regulation of empathic and affective responses to asylum seekers may play a role in determining the outcome in refugee status decisions.     

Educating Virtue as a Mastery of Language

That only those who have mastered language can be virtuous is something that may strike us as an obvious truism. It would seem to follow naturally from, indeed simply restate, a view that is far more commonly held and expressed by philosophers of the virtues, namely that only those who can reason can be virtuous properly said. My aim in this paper is to draw attention to this truism and argue its importance. In doing so, I will take the starting point for my reflections from a couple of concrete occasions in which the desire to offer a foothold to the language of the virtues encounters an obstacle that might be described as a recalcitrance of language: certain intuitions that seem decidedly linguistic get in the way to suggest that this vocabulary is out of place or out of order. Taking my cue from the discomfort of our linguistic intuitions, what I will be suggesting is that certain difficulties do indeed attend our use of the vocabulary of the virtues, and that there is a particular way of understanding their inevitability, one which is closely connected to the context of moral education. My hope is that reflecting on these difficulties and on the task of moral education with which they are associated can help us illuminate and recover the insight that a mastery of language may be indispensable for a mastery of virtue.     

More Thinking About Gender: A Response to Julie A. Nelson

Nelson argues the best we can hope for in a nonsexist society is to revalue those feminine qualities that have previously been devalued. I argue that those qualities are the result of a sexist construction of gender categories, and that a nonsexist society would have no reason to preserve them.     

SUBJECTIVITY, JUDGMENT, AND THE BASING RELATIONSHIP

Moral and legal judgments sometimes depend on personal traits in this sense: the subject offers good reasons for her judgment, but if she had a different social or ideological background, her judgment would be different. If you would judge the constitutionality of restrictions on abortion differently if you were not a secular liberal, is your judgment really based on the arguments you find convincing, or do you find them so only because you are a secular liberal? I argue that a judgment can be based on the considerations the subject claims as justification even when it depends on personal traits.     

Saint Thomas Aquinas's Pagan Virtues?

Today's conversations in virtue ethics are enflamed with questions of “pagan virtues,” which often designate non‐Christian virtue from a Christian perspective. “Pagan virtues,” “pagan vices,” and their historied interpretations are the subject of Jennifer Herdt's book Putting On Virtue: The Legacy of the Splendid Vices (2008). I argue that the questions and language animating Herdt's book are problematic. I offer an alternative strategy to Herdt's for reading Thomas Aquinas's Summa Theologiae. My results are twofold: (1) a different set of conclusions and questions regarding the moral life that lend a fresh perspective to “pagan virtues” and (2) corresponding methodological suggestions for improving Herdt's project that would, to my mind, reaffirm her normative conclusions regarding the most viable ways forward for contemporary discussions of virtue.