James Griffin
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199242689
- eISBN:
- 9780191598715
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199242682.003.0002
- Subject:
- Political Science, Political Theory
Based upon an analysis of the development of the human rights tradition, the language of human rights is best reserved for beings capable of agency. Less restrictive conceptions of rights, such as ...
More
Based upon an analysis of the development of the human rights tradition, the language of human rights is best reserved for beings capable of agency. Less restrictive conceptions of rights, such as those that link rights to the protection of needs, leads to a proliferation of rights of a kind that dilutes the normative importance of rights. Denying that infants have rights need not diminish the moral significance of their claims to care. The absence of a right need not signal diminished moral importance.Less
Based upon an analysis of the development of the human rights tradition, the language of human rights is best reserved for beings capable of agency. Less restrictive conceptions of rights, such as those that link rights to the protection of needs, leads to a proliferation of rights of a kind that dilutes the normative importance of rights. Denying that infants have rights need not diminish the moral significance of their claims to care. The absence of a right need not signal diminished moral importance.
F. M. Kamm
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195144024
- eISBN:
- 9780199870998
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195144023.003.0004
- Subject:
- Philosophy, Moral Philosophy
The first section of Ch. 3 is concerned with objections and alternatives to the arguments and analyses presented in the first two chapters on the moral equivalence of killing and letting die. Two ...
More
The first section of Ch. 3 is concerned with objections and alternatives to the arguments and analyses presented in the first two chapters on the moral equivalence of killing and letting die. Two issues are dealt with first: the issue of self‐ownership and the negative/positive rights distinction, and the issue of per se moral differences only sometimes making a difference in kill and let‐die cases depending on contexts. The relation that there might be between the killing/letting‐die distinction and the intention/foresight distinction (whose moral significance is described by the Doctrine of Double Effect) is considered. Particular attention is paid to the objections Shelly Kagan has made to the author's proposals and to the alternative views on positive and negative agency that Warren Quinn developed. The second section of the chapter returns to examine the stronger and weaker notions of per se moral equivalence, their differential relation to the moral equivalence of cases, and what they reveal about explanation in ethics and aesthetics.Less
The first section of Ch. 3 is concerned with objections and alternatives to the arguments and analyses presented in the first two chapters on the moral equivalence of killing and letting die. Two issues are dealt with first: the issue of self‐ownership and the negative/positive rights distinction, and the issue of per se moral differences only sometimes making a difference in kill and let‐die cases depending on contexts. The relation that there might be between the killing/letting‐die distinction and the intention/foresight distinction (whose moral significance is described by the Doctrine of Double Effect) is considered. Particular attention is paid to the objections Shelly Kagan has made to the author's proposals and to the alternative views on positive and negative agency that Warren Quinn developed. The second section of the chapter returns to examine the stronger and weaker notions of per se moral equivalence, their differential relation to the moral equivalence of cases, and what they reveal about explanation in ethics and aesthetics.
Shelly Kagan
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199895595
- eISBN:
- 9780199980093
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199895595.003.0010
- Subject:
- Philosophy, Moral Philosophy
This chapter examines different forms of variation. It first studies the concept of comparative bell motion, which features comparative desert lines that have various orientations. It then discusses ...
More
This chapter examines different forms of variation. It first studies the concept of comparative bell motion, which features comparative desert lines that have various orientations. It then discusses comparative skylines that result from disregarding all points of the comparative desert lines except for the peaks, and considering the line that is composed of only the peaks. The next section looks at variation in the amount of good carried out when comparative desert is satisfied, which may depend on the moral significance of the people involved and not on the size of the gap in what is absolutely deserved. It also identifies two ways where certain comparative desert lines might differ. This chapter ends with a discussion of what might happen if only one feature of desert lines is accepted, and introduces the act of sliding up.Less
This chapter examines different forms of variation. It first studies the concept of comparative bell motion, which features comparative desert lines that have various orientations. It then discusses comparative skylines that result from disregarding all points of the comparative desert lines except for the peaks, and considering the line that is composed of only the peaks. The next section looks at variation in the amount of good carried out when comparative desert is satisfied, which may depend on the moral significance of the people involved and not on the size of the gap in what is absolutely deserved. It also identifies two ways where certain comparative desert lines might differ. This chapter ends with a discussion of what might happen if only one feature of desert lines is accepted, and introduces the act of sliding up.
Jonathan Bennett
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198237914
- eISBN:
- 9780191597077
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019823791X.003.0005
- Subject:
- Philosophy, Moral Philosophy
The making/allowing distinction tends to be accompanied by three other considerations that do have moral significance: ease of avoidance, motive, and knowability of consequences. Much discussion of ...
More
The making/allowing distinction tends to be accompanied by three other considerations that do have moral significance: ease of avoidance, motive, and knowability of consequences. Much discussion of making/allowing is based on intuitions about contrasted pairs of cases—a procedure that has dangers against which this chapter warns. Any thesis to the effect that making/allowing sometimes makes a moral difference is a sign of uncompleted work; the result is not interesting until we know the differentia.Less
The making/allowing distinction tends to be accompanied by three other considerations that do have moral significance: ease of avoidance, motive, and knowability of consequences. Much discussion of making/allowing is based on intuitions about contrasted pairs of cases—a procedure that has dangers against which this chapter warns. Any thesis to the effect that making/allowing sometimes makes a moral difference is a sign of uncompleted work; the result is not interesting until we know the differentia.
Anna Wienhues
- Published in print:
- 2020
- Published Online:
- May 2021
- ISBN:
- 9781529208511
- eISBN:
- 9781529208559
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781529208511.003.0002
- Subject:
- Political Science, Environmental Politics
This chapter discusses political non-ranking biocentrism, the most defensible account of such sort in the context of justice. For this, the political constitutes a qualification and non-ranking is a ...
More
This chapter discusses political non-ranking biocentrism, the most defensible account of such sort in the context of justice. For this, the political constitutes a qualification and non-ranking is a specification of the biocentric focus. The chapter begins by explaining the political approach to biocentrism. It then turns to how the author understands biocentrism more generally. This is by no means a defence or full description of biocentrism, but the elaboration on a few grounding premises. Finally, the chapter explains why a non-ranking version of biocentrism that does not construct a hierarchy of moral significance is the most convincing account of such sort and considers what implications such a political non-ranking biocentrism has for theorising about justice.Less
This chapter discusses political non-ranking biocentrism, the most defensible account of such sort in the context of justice. For this, the political constitutes a qualification and non-ranking is a specification of the biocentric focus. The chapter begins by explaining the political approach to biocentrism. It then turns to how the author understands biocentrism more generally. This is by no means a defence or full description of biocentrism, but the elaboration on a few grounding premises. Finally, the chapter explains why a non-ranking version of biocentrism that does not construct a hierarchy of moral significance is the most convincing account of such sort and considers what implications such a political non-ranking biocentrism has for theorising about justice.
Paola Cavalieri
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195143805
- eISBN:
- 9780199833122
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195143809.003.0004
- Subject:
- Philosophy, Moral Philosophy
Despite bioethical discussions of its moral irrelevance, membership in the species Homo sapiens is still appealed to as a criterion for access to superior moral status. Along the lines of the authors ...
More
Despite bioethical discussions of its moral irrelevance, membership in the species Homo sapiens is still appealed to as a criterion for access to superior moral status. Along the lines of the authors who have equated ”speciesism” with racism and sexism, I challenge this view on several grounds. I claim that biological characteristics cannot carry direct moral weight. I maintain that species membership cannot be referred to as a mark of a more complex mental endowment because some nonparadigmatic human beings are not so endowed. Finally, I argue that relational defenses of the moral relevance of species membership are either prejudiced or circular.Less
Despite bioethical discussions of its moral irrelevance, membership in the species Homo sapiens is still appealed to as a criterion for access to superior moral status. Along the lines of the authors who have equated ”speciesism” with racism and sexism, I challenge this view on several grounds. I claim that biological characteristics cannot carry direct moral weight. I maintain that species membership cannot be referred to as a mark of a more complex mental endowment because some nonparadigmatic human beings are not so endowed. Finally, I argue that relational defenses of the moral relevance of species membership are either prejudiced or circular.
R. S. Downie and K. C. Calman
- Published in print:
- 1994
- Published Online:
- September 2009
- ISBN:
- 9780192624086
- eISBN:
- 9780191723728
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780192624086.003.0006
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
The question: ‘When does life begin?’ can be understood in a biological sense, but the important question is ‘When does life begin to matter morally?’ This question easily takes us to decisions about ...
More
The question: ‘When does life begin?’ can be understood in a biological sense, but the important question is ‘When does life begin to matter morally?’ This question easily takes us to decisions about resuscitation, and human beings who are severely brain-damaged or mentally handicapped. The appropriate decision making in these difficult situations is discussed.Less
The question: ‘When does life begin?’ can be understood in a biological sense, but the important question is ‘When does life begin to matter morally?’ This question easily takes us to decisions about resuscitation, and human beings who are severely brain-damaged or mentally handicapped. The appropriate decision making in these difficult situations is discussed.
Ken Young and Warner R. Schilling
- Published in print:
- 2020
- Published Online:
- May 2020
- ISBN:
- 9781501745164
- eISBN:
- 9781501745171
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9781501745164.003.0005
- Subject:
- Political Science, Security Studies
This chapter examines the controversy's real or assumed moral and political aspects. Moral repugnance inflected the scientific judgments of Oppenheimer's General Advisory Committee, triggering ...
More
This chapter examines the controversy's real or assumed moral and political aspects. Moral repugnance inflected the scientific judgments of Oppenheimer's General Advisory Committee, triggering discussion of the relative moral significance of thermonuclear bombing, the use of the atomic bomb, and the mass urban bombing campaigns of 1942–1945. More immediate concerns centered on the impact a decision to develop thermonuclear weapons might have on the pattern of international relations. Given a paucity of intelligence, the effects on the Soviet Union's own weapons program, and thereby on the United States' vulnerability, could only be guessed at. The chapter thus considers if the development of the Super would restore the status quo ante-1949 or lead to a thermonuclear arms race and ultimate stalemate—or even the end of the world.Less
This chapter examines the controversy's real or assumed moral and political aspects. Moral repugnance inflected the scientific judgments of Oppenheimer's General Advisory Committee, triggering discussion of the relative moral significance of thermonuclear bombing, the use of the atomic bomb, and the mass urban bombing campaigns of 1942–1945. More immediate concerns centered on the impact a decision to develop thermonuclear weapons might have on the pattern of international relations. Given a paucity of intelligence, the effects on the Soviet Union's own weapons program, and thereby on the United States' vulnerability, could only be guessed at. The chapter thus considers if the development of the Super would restore the status quo ante-1949 or lead to a thermonuclear arms race and ultimate stalemate—or even the end of the world.
Neil Levy
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780198704638
- eISBN:
- 9780191774249
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198704638.003.0005
- Subject:
- Philosophy, Moral Philosophy
This chapter begins the substantive work of establishing that consciousness is a necessary condition of moral responsibility by examining the “real self” account of moral responsibility associated ...
More
This chapter begins the substantive work of establishing that consciousness is a necessary condition of moral responsibility by examining the “real self” account of moral responsibility associated with Angela Smith, Nomy Arpaly, and others. On this account, agents are responsible for actions that express their real selves. This chapter argues that such expression requires consciousness, because only when the agent is conscious of the facts which give to her actions their moral significance are those facts assessed for conflict and consistency with the attitudes that make her the agent she is. I claim that this rules out moral responsibility for actions performed by agents who experience pathologies of agency, but also those of ordinary agents who just happen not to be conscious of the facts that give to their actions their moral significance.Less
This chapter begins the substantive work of establishing that consciousness is a necessary condition of moral responsibility by examining the “real self” account of moral responsibility associated with Angela Smith, Nomy Arpaly, and others. On this account, agents are responsible for actions that express their real selves. This chapter argues that such expression requires consciousness, because only when the agent is conscious of the facts which give to her actions their moral significance are those facts assessed for conflict and consistency with the attitudes that make her the agent she is. I claim that this rules out moral responsibility for actions performed by agents who experience pathologies of agency, but also those of ordinary agents who just happen not to be conscious of the facts that give to their actions their moral significance.
Noël Carroll
- Published in print:
- 2003
- Published Online:
- October 2013
- ISBN:
- 9780300091953
- eISBN:
- 9780300133073
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300091953.003.0005
- Subject:
- Society and Culture, Media Studies
This chapter addresses a question concerning the moral significance of the television medium. By “medium” here, the author is not referring to television as a business that churns out countless ...
More
This chapter addresses a question concerning the moral significance of the television medium. By “medium” here, the author is not referring to television as a business that churns out countless stories. Rather, he is referring specifically to the historically standard image, especially in regard to fiction, and to the ways in which it is typically elaborated by structures like editing, camera movement, narrative forms, and the like. Moreover, he is concerned with the moral status of the television image as such, irrespective of the elements that make up an image. Though the distinction between form and content may be historically outmoded and ultimately unsatisfactory, the author aims to, at least, provisionally demarcate his domain of interest by initially adopting the distinction and by saying that this chapter is about the putative moral significance of television from the viewpoint of some of its typical formal features—or, at least, from the viewpoint of a number of its formal features that are alleged to be typical.Less
This chapter addresses a question concerning the moral significance of the television medium. By “medium” here, the author is not referring to television as a business that churns out countless stories. Rather, he is referring specifically to the historically standard image, especially in regard to fiction, and to the ways in which it is typically elaborated by structures like editing, camera movement, narrative forms, and the like. Moreover, he is concerned with the moral status of the television image as such, irrespective of the elements that make up an image. Though the distinction between form and content may be historically outmoded and ultimately unsatisfactory, the author aims to, at least, provisionally demarcate his domain of interest by initially adopting the distinction and by saying that this chapter is about the putative moral significance of television from the viewpoint of some of its typical formal features—or, at least, from the viewpoint of a number of its formal features that are alleged to be typical.
Ingmar Persson
- Published in print:
- 2021
- Published Online:
- August 2021
- ISBN:
- 9780192894076
- eISBN:
- 9780191915208
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780192894076.003.0007
- Subject:
- Philosophy, Moral Philosophy
This chapter discusses the relations between moral status (or standing) and what the author calls moral significance. Something has moral significance just in case it morally counts for its own sake, ...
More
This chapter discusses the relations between moral status (or standing) and what the author calls moral significance. Something has moral significance just in case it morally counts for its own sake, or is something that must be taken into consideration in itself when moral judgments about what ought or ought not to be done are made. The chapter argues that the moral status of something is dependent on what is morally significant about it. Nothing can have moral status if there is not anything morally significant about it. On the other hand, something can be morally significant, even though it does not have moral status. The notion of moral significance is then the more fundamental notion and the notion of moral status could be dispensed with. In fact, it would simplify and clarify matters if it were dispensed with.Less
This chapter discusses the relations between moral status (or standing) and what the author calls moral significance. Something has moral significance just in case it morally counts for its own sake, or is something that must be taken into consideration in itself when moral judgments about what ought or ought not to be done are made. The chapter argues that the moral status of something is dependent on what is morally significant about it. Nothing can have moral status if there is not anything morally significant about it. On the other hand, something can be morally significant, even though it does not have moral status. The notion of moral significance is then the more fundamental notion and the notion of moral status could be dispensed with. In fact, it would simplify and clarify matters if it were dispensed with.
Gopal Sreenivasan
- Published in print:
- 2020
- Published Online:
- May 2021
- ISBN:
- 9780691134550
- eISBN:
- 9780691208701
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691134550.003.0001
- Subject:
- Philosophy, Moral Philosophy
This chapter focuses on the role that emotion plays in virtue, emphasizing that acting virtuously is the central and most important dimension of virtue. It analyses the centrality of roles in virtue ...
More
This chapter focuses on the role that emotion plays in virtue, emphasizing that acting virtuously is the central and most important dimension of virtue. It analyses the centrality of roles in virtue as a matter of their being tied to virtuous action, which is more central than every role in virtue that is not tied to virtuous action. It also discusses reference to virtue in other traditions that serves to emphasize the moral significance of certain ways of being, instead of doing. The chapter concentrates on two virtues: compassion and courage, and two emotions: sympathy and fear. It argues that having a modified sympathy trait is indispensable to being a reliably correct judge of which action require compassion in a practical situation.Less
This chapter focuses on the role that emotion plays in virtue, emphasizing that acting virtuously is the central and most important dimension of virtue. It analyses the centrality of roles in virtue as a matter of their being tied to virtuous action, which is more central than every role in virtue that is not tied to virtuous action. It also discusses reference to virtue in other traditions that serves to emphasize the moral significance of certain ways of being, instead of doing. The chapter concentrates on two virtues: compassion and courage, and two emotions: sympathy and fear. It argues that having a modified sympathy trait is indispensable to being a reliably correct judge of which action require compassion in a practical situation.
David K. Chan
- Published in print:
- 2010
- Published Online:
- August 2013
- ISBN:
- 9780262014731
- eISBN:
- 9780262289276
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262014731.003.0002
- Subject:
- Philosophy, General
This chapter presents the examples commonly used to support the Doctrine of Doing and Allowing (DDA) and then shows that they do not sufficiently provide a foundation for the doctrine. The DDA ...
More
This chapter presents the examples commonly used to support the Doctrine of Doing and Allowing (DDA) and then shows that they do not sufficiently provide a foundation for the doctrine. The DDA justifies a moral distinction between doing something to bring about harm and doing nothing to prevent harm, defending this distinction on the basis of an account of positive and negative rights. The chapter argues in opposition of the deontological ethics supported by the DDA, which posits that although it is justified to allow one person to die so that one can save a larger number of people, it is not permissible to kill one person to achieve the same purpose, by supporting the notion that it can be justified to minimize harm by killing a smaller number of people, in preference to letting a greater number die. The moral significance of the distinction between killing and letting people die is also argued here.Less
This chapter presents the examples commonly used to support the Doctrine of Doing and Allowing (DDA) and then shows that they do not sufficiently provide a foundation for the doctrine. The DDA justifies a moral distinction between doing something to bring about harm and doing nothing to prevent harm, defending this distinction on the basis of an account of positive and negative rights. The chapter argues in opposition of the deontological ethics supported by the DDA, which posits that although it is justified to allow one person to die so that one can save a larger number of people, it is not permissible to kill one person to achieve the same purpose, by supporting the notion that it can be justified to minimize harm by killing a smaller number of people, in preference to letting a greater number die. The moral significance of the distinction between killing and letting people die is also argued here.
C. A. J. Coady
- Published in print:
- 2021
- Published Online:
- June 2021
- ISBN:
- 9780199603961
- eISBN:
- 9780191919121
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199603961.001.0001
- Subject:
- Philosophy, Political Philosophy
This book aims to clarify competing and confusing definitions of terrorism, and of terrorist acts, that proliferate in specialist publications as well as in popular discourse, and then to construct a ...
More
This book aims to clarify competing and confusing definitions of terrorism, and of terrorist acts, that proliferate in specialist publications as well as in popular discourse, and then to construct a concept of a terrorist act that both reflects a central core of the usages examined and provides for a more coherent and fruitful discussion of terrorism and its moral and political significance. The book’s project thus treats the idea of meaning as involving a concern not only for semantic clarity, but also for probing various dimensions of what our understanding of terrorism can mean morally for complex social and political circumstances. The first two chapters sketch the types of definition abroad and propose what is called a tactical definition, with a focus on terrorist acts as violent attacks upon non-combatants or innocents (in a special sense). They discuss the benefits of such an approach and defend it against numerous objections that can be and have been made to it. Chapter 3 discusses critically theorists who argue that, independent of its definition, terrorist acts have a special, and profoundly disturbing, moral significance. Chapter 4 explores the scope and meaning of non-combatant status and its relation to recent controversies in the philosophy of war. Chapters 5 and 6 discuss important attempted philosophical defenses of terrorism for certain contexts. Chapter 7 discusses the moral challenges facing attempts at counter-terrorism, and Chapter 8 examines the commonly held view that religion is particularly prone to cause terrorism or some of its most extreme manifestations.Less
This book aims to clarify competing and confusing definitions of terrorism, and of terrorist acts, that proliferate in specialist publications as well as in popular discourse, and then to construct a concept of a terrorist act that both reflects a central core of the usages examined and provides for a more coherent and fruitful discussion of terrorism and its moral and political significance. The book’s project thus treats the idea of meaning as involving a concern not only for semantic clarity, but also for probing various dimensions of what our understanding of terrorism can mean morally for complex social and political circumstances. The first two chapters sketch the types of definition abroad and propose what is called a tactical definition, with a focus on terrorist acts as violent attacks upon non-combatants or innocents (in a special sense). They discuss the benefits of such an approach and defend it against numerous objections that can be and have been made to it. Chapter 3 discusses critically theorists who argue that, independent of its definition, terrorist acts have a special, and profoundly disturbing, moral significance. Chapter 4 explores the scope and meaning of non-combatant status and its relation to recent controversies in the philosophy of war. Chapters 5 and 6 discuss important attempted philosophical defenses of terrorism for certain contexts. Chapter 7 discusses the moral challenges facing attempts at counter-terrorism, and Chapter 8 examines the commonly held view that religion is particularly prone to cause terrorism or some of its most extreme manifestations.
Neil Levy
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780198704638
- eISBN:
- 9780191774249
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198704638.003.0002
- Subject:
- Philosophy, Moral Philosophy
This chapter describes the scientific basis for the claim that consciousness is epiphenomenal, stemming from the work of Benjamin Libet and Daniel Wegner. It argues that the perceived challenge to ...
More
This chapter describes the scientific basis for the claim that consciousness is epiphenomenal, stemming from the work of Benjamin Libet and Daniel Wegner. It argues that the perceived challenge to responsibility is misplaced: it does not matter whether or not Libet and Wegner are right. The real question turns on the role that information plays in our cognition, not on questions concerning the timing of our conscious states. I then define the thesis to be defended in more detail: that consciousness of the facts that give to our actions their moral significance is a necessary condition of moral responsibility for those acts. It is emphasized that the consciousness at issue is an informational state, not phenomenal consciousness.Less
This chapter describes the scientific basis for the claim that consciousness is epiphenomenal, stemming from the work of Benjamin Libet and Daniel Wegner. It argues that the perceived challenge to responsibility is misplaced: it does not matter whether or not Libet and Wegner are right. The real question turns on the role that information plays in our cognition, not on questions concerning the timing of our conscious states. I then define the thesis to be defended in more detail: that consciousness of the facts that give to our actions their moral significance is a necessary condition of moral responsibility for those acts. It is emphasized that the consciousness at issue is an informational state, not phenomenal consciousness.
Robert A. Burt
Frank Iacobucci (ed.)
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9780300224269
- eISBN:
- 9780300231854
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300224269.003.0011
- Subject:
- Law, Constitutional and Administrative Law
This chapter points out that judges are not the only actors through whom democratic values founded on empathic mutual respect and accountability can be promoted. At the center of this study is the ...
More
This chapter points out that judges are not the only actors through whom democratic values founded on empathic mutual respect and accountability can be promoted. At the center of this study is the Civil Rights Act of 1968, the passage of which was threatened by a Southern filibuster that could be ended by a favorable vote for cloture. It turned out that one senator from Alaska was key to the favorable vote; his vote was cast in a most dramatic way, as he was ultimately persuaded by his realization of the moral significance of what was at issue. The chapter notes that the senator was not commanded by party leaders to vote but left alone to reflect on the matter—he was persuaded by his conscience to do the right thing.Less
This chapter points out that judges are not the only actors through whom democratic values founded on empathic mutual respect and accountability can be promoted. At the center of this study is the Civil Rights Act of 1968, the passage of which was threatened by a Southern filibuster that could be ended by a favorable vote for cloture. It turned out that one senator from Alaska was key to the favorable vote; his vote was cast in a most dramatic way, as he was ultimately persuaded by his realization of the moral significance of what was at issue. The chapter notes that the senator was not commanded by party leaders to vote but left alone to reflect on the matter—he was persuaded by his conscience to do the right thing.