Browsing by Author "Rainer, Ebert"

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    "The Concept of Human Dignity in German and Kenyan Constitutional Law,” Thought and Practice:
    (A Journal of the Philosophical Association of Kenya, 2012) Rainer, Ebert; Reginald, Oduor MJ
    This paper is a historical, legal and philosophical analysis of the concept of human dignity in German and Kenyan constitutional law. We base our analysis on decisions of the Federal Constitutional Court of Germany, in particular its take on life imprisonment and its 2006 decision concerning the shooting of hijacked airplanes, and on a close reading of the Constitution of Kenya. We also present a dialogue between us in which we offer some critical remarks on the concept of human dignity in the two constitutions, each one of us from his own philosophical perspective.
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    “Mental-Threshold Egalitarianism: How Not to Ground Full Moral Status,”
    (Social Theory and Practice, 2018) Rainer, Ebert
    Mental-threshold egalitarianism, well-known examples of which include Jeff McMahan’s two-tiered account of the wrongness of killing and Tom Regan’s theory of animal rights, divides morally considerable beings into equals and unequals on the basis of their individual mental capacities. In this paper, I argue that the line that separates equals from unequals is unavoidably arbitrary and implausibly associates an insignificant difference in empirical reality with a momentous difference in moral status. In response to these objections, McMahan has proposed the introduction of an intermediate moral status. I argue that this move ultimately fails to address the problem. I conclude that, if we are not prepared to give up moral equality, our full and equal moral status must be grounded in a binary property that is not a threshold property. I tentatively suggest that the capacity for phenomenal consciousness is such a property, and a plausible candidate.
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    On What a Good Argument Is, in Science and Elsewhere
    (Dhaka University Journal on Journalism, Media and Communication Studies 1, 2011-05) Rainer, Ebert
    This article investigates what constitutes good reason, in particular in scientific communication. I will start out with a general description of what scientists do and will identify the good argument as an integral part of all science. Employing some simple examples, I will then move on to derive some necessary conditions for the goodness of an argument. Along the way, I will introduce various basic concepts in logic and briefly talk about the nature of human knowledge. I will conclude by relating my discussion of good reasoning in science to critical thinking in general and explain why I believe that critical thinking is at the heart of a well-functioning liberal democracy.
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    The Wrongness of Killing
    (Rice University, 2016) Rainer, Ebert
    There are few moral convictions that enjoy the same intuitive plausibility and level of acceptance both within and across nations, cultures, and traditions as the conviction that, normally, it is morally wrong to kill people. Attempts to provide a philosophical explanation of why that is so broadly fall into three groups: Consequentialists argue that killing is morally wrong, when it is wrong, because of the harm it inflicts on society in general, or the victim in particular, whereas personhood and human dignity accounts see the wrongness of killing people in its typically involving a failure to show due respect for the victim and his or her intrinsic moral worth. I argue that none of these attempts to explain the wrongness of killing is successful. Consequentialism generates too many moral reasons to kill, cannot account for deeply felt and widely shared intuitions about the comparative wrongness of killing, and gives the wrong kind of explanation of the wrongness of killing. Personhood and human dignity accounts each draw a line that is arbitrary and entirely unremarkable in terms of empirical reality, and hence ill-suited to carry the moral weight of the difference in moral status between the individuals below and above it. Paying close attention to the different ways in which existing accounts fail to convince, I identify a number of conditions that any plausible account of the wrongness of killing must meet. I then go on to propose an account that does. iv I suggest that the reason that typically makes killing normal human adults wrong equally applies to atypical human beings and a wide range of non-human animals, and hence challenge the idea that killing a non-human animal is normally easier to justify than killing a human being. This idea has persisted in Western philosophy from Aristotle to the present, and even progressive moral thinkers and animal advocates such as Peter Singer and Tom Regan are committed to it. I conclude by discussing some important practical implications of my account.