Personal Identity In Moral And Legal Reasoning

Many questions about moral and legal judgments hinge on how we understand the identity of the agents. The intractability of many of these questions stems, this book argues, from ignoring how we actually connect actions with agents. When making everyday judgments about the morality or legality of actions, we do not use Aristotelian logic but what is termed “character logic”. The difference is crucial because implicit in character logic is an understanding of personal identity that is both coherent and intuitively familiar. A person, as we conceptualize him in moral and legal contexts, is a character of resolve. By unpacking what it means to be a character of resolve, this book reveals what underwrites our most fundamental beliefs about a person’s rights and responsibilities. It also provides a new and useful perspective on a variety of issues about rights and responsibilities that perennially occupy philosophers. This book discusses the following: • How we can make better sense of “human rights” if we think of them as “personal rights”. • How the right to be civilly disobedient, in contrast with ordinary law-breaking, can be justified as a personal right. • What basis we have for holding that someone’s responsibility is diminished. • How it makes sense to hold someone responsible for acting irresponsibly. • How it makes sense to distinguish a juvenile offender from someone who should be tried in criminal court. • What kind of correction we should expect from our correctional institutions and how we should design them to achieve that. By making explicit the axioms of character logic and exploring their origins and justification, the book provides a conceptually powerful tool for interpreting the protocols of a person-respecting society.

The relationship between personal identity and ethics remains on of the most intriguing yet vexing issues in philosophy. It is commonplace to hold that moral responsibility for past actions requires that the responsible agent is in some respect identical to the agent who performed the action. Is this true? On the other hand, can ethics constrain our account of personal identity? Do the practical requirements of moral theory commit us to the view that persons do remain identical over time? For example, does the moral status of abortion or stem cell research depend on whether personal identity is based on psychological or biological properties? Or is it the case that personal identity is not, in fact, relevant to ethics? Personal Identity and Ethics provides the first comprehensive examination of these issues. Topics include personal identity and prudential rationality; personal identity’s significance for moral responsibility and ethical theory; and the practical consequences of accounts of personal identity for issues such as abortion, stem cell research, cloning, advance directives, population ethics, multiple personality disorder, and the definition of death.

The subject of personal and moral identity is at the centre of interest, not only of academic research within disciplines such as philosophy and psychology, but also of everyday thinking. This is why the Neth erlands School for Research in Practical Philosophy and the Institute for Ethics of the Vrije Universiteit in Amsterdam took the initiative to bring together scholars from various disciplines, interested in the subject. The expert-seminar on 'Personal and Moral Identity' took place from 12-14 January 1999. Financial contributions from the Vrije Universiteit, the Dutch Scientific Organisation (NWO) and the Royal Dutch Academy for the Sciences (KNA W) made the event possible. The chapters in this book either go back to papers presented at the seminar or were written afterwards by participants, inspired by the discussions that took place during the seminar. We are very grateful to Dr. Hendrik Hutter for his assistance in editing the texts and making the manuscript camera-ready. December 2001, The Editors. 1 Introduction Albert W. Musschenga Although scholars studying the identity of persons usually address diverging issues and have different research agendas, there is a grow ing awareness that one may benefit from insights and results present in other disciplines dealing with that subject. This explains the enthu siastic responses to the invitation of the Netherlands School for Research in Practical Philosophy and the Institute for Ethics of the Vrije Universiteit to participate in a seminar on 'Personal and Moral Identity'.

This book challenges, with several powerful arguments, some of our deepest beliefs about rationality, morality, and personal identity. The author claims that we have a false view of our own nature; that it is often rational to act against our own best interests; that most of us have moral views that are directly self-defeating; and that, when we consider future generations the conclusions will often be disturbing. He concludes that moral non-religious moral philosophy is a young subject, with a promising but unpredictable future.

Going beyond the controversy surrounding personhood in non-philosophical contexts, this book defends the need for a credible philosophical conception of the person. Engaging with John Locke, Derek Parfit and P.F. Strawson, the authors develop an original philosophical anthropology based on the work of Charles Hartshorne and A.N. Whitehead.

What is a person? What makes me the same person today that I was yesterday or will be tomorrow? Philosophers have long pondered these questions. In Plato's Symposium, Socrates observed that all of us are constantly undergoing change: we experience physical changes to our bodies, as well as changes in our 'manners, customs, opinions, desires, pleasures, pains, [and] fears'. Aristotle theorized that there must be some underlying 'substratum' that remains the same even as we undergo these changes. John Locke rejected Aristotle's view and reformulated the problem of personal identity in his own way: is a person a physical organism that persists through time, or is a person identified by the persistence of psychological states, by memory? These essays - written by prominent philosophers and legal and economic theorists - offer valuable insights into the nature of personal identity and its implications for morality and public policy.

Locke on Persons and Personal Identity offers a fresh perspective on Locke's accounts of personal identity within the context of his broader philosophical ideas and the philosophical debates of his day.

This book is an examination of how the law understands human identity and the whole notion of ‘human being’. On these two notions the law, usually unconsciously, builds the superstructure of ‘human rights’. It explores how the law understands the concept of a human being, and hence a person who is entitled to human rights. This involves a discussion of the legal treatment of those of so-called "marginal personhood" (e.g. high functioning non-human animals; humans of limited intellectual capacity, and fetuses). It also considers how we understand our identity as people, and hence how we fall into different legal categories: such as gender, religion and so on.The law makes a number of huge assumptions about some fundamental issues of human identity and authenticity – for instance that we can talk meaningfully about the entity that we call ‘our self’. Until now it has rarely, if ever, identified those assumptions, let alone interrogated them. This failure has led to the law being philosophically dubious and sometimes demonstrably unfit for purpose. Its failure is increasingly hard to cover up. What should happen legally, for instance, when a disease such as dementia eliminates or radically transforms all the characteristics that most people regard as foundational to the ‘self’? This book seeks to plug these gaps in the literature.

A bold vision of liberal humanism for navigating today’s complex world of growing identity politics and rising nationalism Collective identities such as race, nationality, religion, gender, and sexuality clamor for recognition and respect, sometimes at the expense of other things we value. To what extent do they constrain our freedom, and to what extent do they enable our individuality? Is diversity of value in itself? Has the rhetoric of human rights been overstretched? Kwame Anthony Appiah draws on thinkers through the ages and across the globe to explore such questions, developing an account of ethics that connects moral obligations with collective allegiances and that takes aim at clichés and received ideas about identity. This classic book takes seriously both the claims of individuality—the task of making a life—and the claims of identity, these large and often abstract social categories through which we define ourselves.

This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.