3,986 research outputs found

    Popular Sovereignty and the United States Constitution: Tensions in the Ackermanian Program

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    Virtue Ethics, Criminal Responsibility, and Dominic Ongwen

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    In this article, I contribute to the debate between two philosophical traditions—the Kantian and the Aristotelian—on the requirements of criminal responsibility and the grounds for excuse by taking this debate to a new context: international criminal law. After laying out broadly Kantian and Aristotelian conceptions of criminal responsibility, I defend a quasi-Aristotelian conception, which affords a central role to moral development, and especially to the development of moral perception, for international criminal law. I show than an implication of this view is that persons who are substantially and non-culpably limited in their capacity for ordinary moral perception warrant an excuse for engaging in unlawful conduct. I identify a particular set of conditions that trigger this excuse, and then I systematically examine it as applied to the controversial case of former-child-soldier-turned leader of the Lord’s Resistance Army, Dominic Ongwen, who is currently at trial at the International Criminal Court

    The Secular Transformation of Pride and Humility in the Moral Philosophy of David Hume

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    In this dissertation I examine Hume’s secular re-definition and re-evaluation of the traditional Christian understanding of pride and humility as part of his project to establish a fully secular account of ethics and to undermine what he thought to be the harmful aspects of religious morality. Christians traditionally have seen humility, understood as receptivity to God, to be crucial for individual and social flourishing, and pride as the root of individual and social disorder. By contrast, Hume, who conceives of pride and humility immanently in terms of our self-appraisals, sees pride as a key virtue that serves as the ultimate source of moral motivation and deems humility a ‘monkish virtue’ (i.e., a vice). Hume, moreover, sees religious appeals to a transcendent moral source to be a threat to individual flourishing in that they encourage the formation of what he calls ‘artificial lives’ (of which the monkish virtues are an expression) as well as a threat to social concord, insofar as they foster unnecessary religious factions, intolerance, and theologically sanctioned violence. In part to combat this, Hume promotes a wholly secular ethic rooted in common life. I uncover the real points of agreement and disagreement that underlie Hume and traditional Christian conceptions of pride and humility in order to articulate what is essentially at issue between these contrasting perspectives and, ultimately, to identify some of what is gained or lost in Hume’s secularization of ethics. I, thus, explore the reasons that Hume rejects Christian morality and seeks to replace it with a secular one. I then assess whether Hume’s secular perspective has sufficient resources for addressing the biased judgments and rivalries that can arise precisely because of what Hume sees as our natural desire for the ‘passion of pride’ (i.e., for a positive sense of ourselves before others). I conclude both that Hume identifies genuine dangers in attempting to go beyond the human and also that there are genuine dangers in Hume’s attempt to close the window to a transcendent moral source. I, therefore, contend that any adequate view of human flourishing must take account of both these dangers

    Campus Sexual Assault Adjudication and Resistance to Reform

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    The problem of partiality in 18th century moral philosophy

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    The dissertation traces the development of what I call “the problem of partiality” through the work of certain key figures in the British Moralist tradition: John Locke, Catharine Trotter Cockburn, Anthony Ashley Cooper (the Third Earl of Shaftesbury), Francis Hutcheson, John Gay, David Hume, Joseph Butler, and Adam Smith. On the one hand, we are committed to impartiality as a constitutive norm of moral judgment and conduct. On the other hand, we are committed to the idea that it is permissible, or even obligatory, to expend disproportionate resources promoting the good of our loved ones over the good of strangers. However, these two commitments conflict with one another. This problem challenges us to provide an account of the scope and limits of reasonable partiality that does justice to both commitments. I argue that confronting this tension is a central project of early modern ethics. I offer a rereading of the British Moralist tradition, centered on debates about partiality, and thereby shift discussion of the tradition away from concerns about meta-ethics and moral epistemology, to issues of practical ethics. The topic of partiality remains central in contemporary ethics, as is evident in ongoing debates about the place of empathy in moral judgment, and the role of love in shaping our moral commitments. Though the aim of the dissertation is not to settle questions about the scope and limits of reasonable partiality, the focus here remains fixed on how the concept of partiality was problematized in our ethical thought, and how it informs our discussions in normative ethics and moral psychology. Alongside building a bridge between early modern scholarship and recent work in ethics, the dissertation casts light on two understudied figures in the British Moralist tradition – Cockburn and Gay – who contributed greatly to debates about partiality. By examining their contributions, I reconsider their place in the history of modern ethics and therefore provide a more contextualized account of philosophical thought in the period

    The Messenger, Vol. 37, No. 7

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    The Cresset (Vol. LIV, No. 5)

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    The role of shame in writing: How lived experience affects the writing process

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    Writing fluently without disabling apprehension requires an ability to control ideas despite the occurrence of censoring thoughts or shameful sensations. Such ability is characteristically lacking in apprehensive or blocking writers, who, therefore, have difficulty in composing. To understand the psychological and social factors that impede the writing process, and to give writers and compositionists insight into the features of writing that result in writer\u27s block, I held conversational interviews with twenty-four people who designate themselves as apprehensive writers about their literacy experiences and writing behavior. Analysis of these interviews shows that these people, in anticipation of a real or inward, imagined audience, behave so as to hide their writing, which is consistent with unacknowledged shame at a projected failure. Passive, engrossed reading appears to condition these people to set high standards for their writing performance. To tolerate writing and to acquire pride in it, the individual needs flexibility and sensitivity in the preparation and reception of written texts, and the university needs to accommodate writers\u27 self-reproach through institutionalizing writers\u27 coping mechanisms, such as de-emphasizing revision and using technology to reduce exposure

    The Cresset (Vol. LIV, No. 5)

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