Category Archives: Metaethics

Criticisms of the Use of the Evolving Standard of Decency (ESD) Doctrine in Kennedy v. Louisiana (2008)

Legal Philosophy, Metaethics, Social and Political Philosophy December 26, 2022 Leave a comment

The most commonly raised criticism against the national consensus test of the ESD doctrine is that it constitutes an ongoing saga of judicial activism. Judicial activism occurs when a judge/justice upholds his or her own political, legal, religious, economic, or other beliefs contra society, thereby substituting the objectivity of existing laws for the subjectivity of personal preferences. Some may not feel that judicial activism is all that subversive. But judicial activism not only forces the judge/justice’s will on the people, but also it can greatly limit the legislative branch’s ability to function. The blurring of judicial and legislative lines can result in political stalemate, voter apathy, and a general distrust of government. Kimberly Bliss comments that under a democratic system “legislatures, not courts, are constituted to respond to the will and consequently the moral values of the people” since the former has more contact with the people and has, in theory, been elected by the voters (1334).

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Concept-Checking: Killing vs. Murder/Homicide vs. Manslaughter

Legal Philosophy, Metaethics, Morality and Ethics, Social and Political Philosophy March 30, 2022 Leave a comment

*To kill someone means to terminate their life permanently. To kill someone means that they cease to exist in any meaningful biological or physiological sense of the term. To kill someone means to end their ability to do just about everything.

**To murder someone means to terminate their life permanently. To murder someone means that they cease to exist in any meaningful biological or physiological sense of the term. To murder someone means to end their ability to do just about everything.

***To commit homicide against someone means to terminate their life permanently. To commit homicide against someone means that they cease to exist in any meaningful biological or physiological sense of the term. To commit homicide against someone means to end their ability to do just about everything.

****To commit manslaughter against someone means to terminate their life permanently. To commit manslaughter against someone means that they cease to exist in any meaningful biological or physiological sense of the term. To commit manslaughter against someone means to end their ability to do just about everything.

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Brief philosophical insights

General Philosophy, Metaethics, Metaphysics December 30, 2021 Leave a comment

What if we combined Schroedinger’s cat with Santa Claus? Would Santa Claus only exist if we believed in him in that moment? Would he only exist for those who believed in him? If so, would non-believers ever receive any coal in their stockings? Then, let’s go one step further with this line of reasoning. If Santa Claus only existed if we believed in him, what would it mean for those who did not believe in God/Allah? How could we either blame or praise anyone if they simply did not share our same beliefs?

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Moral Complexity and Andre Comte-Sponville’s ‘Spiritual Atheism’ – Part 3 of 5

Literary Analysis, Metaethics, Morality and Ethics July 14, 2020 Leave a comment

This is the third part of a five-part essay comparing and contrasting the moral systems of the Dalai Lama, Andre Comte-Sponville, and Viktor Frankl with regard to how well (or poorly) their respective moral systems fare against morally complex situations.

Andre Comte-Sponville’s Moral System (based on Spiritual Atheism)

     Comte-Sponville’s moral system, in contrast to the Dalai Lama’s is more consequentialist than deontological. His moral system is more concerned with states of affairs and consequences that affect them than purely motivation/intention. Take, for instance, the fact that he decries certain moral actions such as “rob[bery], rape, and murder” (42). He does this, presumably, because of the immensely harmful consequences that each one brings about. Robbery can shatter a person’s sense of security within their own home or environment. Rape forcefully objectifies a person’s existence, conflating the meaning of their life with the desirability of their physical traits. Murder almost inherently involves pain and suffering, not to mention its permanent duration. As a result, Comte-Sponville’s moral system is more consequentialist than deontological.

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