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Ethics by Committee
How liberal democracies in the late twentieth century have sought to resolve public concerns over charged issues in medicine and science. Ethics boards have become obligatory passage points in today’s medical science, and we forget how novel they really are. The use of humans in experiments is an age-old practice that records show goes back to at least the third century BC, and it has been popular as a practice since the early modern period. Yet in most countries around the world, hardly any formal checks and balances existed to govern the communal oversight of experiments involving human subjects until at least the 1960s. Ethics by Committee traces the rise of ethics boards for human expe...
The Contingent Nature of Life
This volume explores the different dimensions of how the contingency of life, and especially human life, is relevant for ethical discussions and the normative frameworks in bioethics. It explores the relevance of the notion contingency, needs and desires for moral argumentation and bioethics. The volume discusses those notions in a philosophical perspective. Additionally, the volume is a contribution to a deeper reflection on basic philosophical assumptions of bioethics.
The Concept of Ideals in Legal Theory
Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law.
The Importance of Ideals
Ideals are important in social reality, but they have been neglected in theories of law, politics, and morality. This book has the role of ideals as its central theme. More specifically, it argues that ideals are necessary to understand pluralism, that they are key elements in controversy and debate, and that they enable development. It combines theoretical analysis of the concept of ideals with discussion of concrete debates and cases, including philosophical debates about politics and equality, sociological studies of the diverse interpretations of the rule of law, and accounts of the development of environmental law and privacy law. Thus, the functioning of ideals is critically examined, showing the merits and limitations of an ideal-oriented approach.
Justifying Blame
This book shows why we can justify blaming people for their wrong actions even if free will turns out not to exist. Contrary to most contemporary thinking, we do this by focusing on the ordinary, everyday wrongs each of us commits, not on the extra-ordinary, “morally monstrous-like” crimes and weak-willed actions of some.
The Dynamics of Law and Morality
This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation. In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.
The Constitution of Agency
Christine M. Korsgaard is one of today's leading moral philosophers: this volume collects ten influential papers by her on practical reason and moral psychology. Korsgaard draws on the work of important figures in the history of philosophy such as Plato, Aristotle, Kant, and Hume, showing how their ideas can inform the solution of contemporary and traditional philosophical problems, such as the foundations of morality and practical reason, the nature of agency, and the role of the emotions in action. In Part 1, The Principles of Practical Reason, Korsgaard defends the view that the principles of practical reason are constitutive principles of action. By governing our actions in accordance wi...
Ethics and the Market
Despite the continuing dominance of market relations and market forces in contemporary society, there remain fundamental questions about the ethical acceptability of markets and their effects. This collection, based on the 1998 conference of the Society for Applied Philosophy, brings philosophical analysis and argument to bear on these questions. Papers in the first half of the volume examine the relation between the market and central ethical concepts - concepts of value, quality of life, quality of environment, community, equality of opportunity and morality itself. In the second part, the focus is on the relation between markets and specific social phenomena such as privatization, poverty...
Normativity and Naturalism
At the centre of the metaethical debate that took off from G.E. Moore's Principia Ethica (1903) was his critique of ethical naturalism. While Moore's own arguments against ethical naturalism find little acceptance these days, an alternative ground for thinking that ethical properties and facts could not be natural has gained prominence: No natural account can be given of normativity. This collection contains original essays from both sides of the debate. Representing a wide range of metaethical views, the authors develop diverse accounts of normativity and discuss what it means for a concept to be natural. Contributions are by Norbert Anwander, David Copp, Neil Roughley, Peter Schaber, Thomas Schmidt, Tatjana Tarkian, and Theo van Willigenburg.
Self-Constitution
Christine M. Korsgaard presents an account of the foundation of practical reason and moral obligation. Moral philosophy aspires to understand the fact that human actions, unlike the actions of the other animals, can be morally good or bad, right or wrong. Few moral philosophers, however, have exploited the idea that actions might be morally good or bad in virtue of being good or bad of their kind - good or bad as actions. Just as we need to know that it is the function of the heart to pump blood to know that a good heart is one that pumps blood successfully, so we need to know what the function of an action is in order to know what counts as a good or bad action. Drawing on the work of Plato...
