It is well-known that in the fifth of his Cartesian Meditations, Husserl puts forth a theory of intersubjectivity. Most commentators of Husserl have read his Cartesian Meditations as presenting a theory of intersubjectivity whose basis is empathy, in the form of a process of constituting the sense of “other” in one’s own experience, as the primary origin of the intersubjective layer of experience. In this paper, I claim that the structure of intersubjectivity as Husserl presents it in the Cartesian Meditations (...) is articulated as being governed by a logic of parts and wholes rather than that of a phenomenology of empathy, and that the articulation of this logic demonstrates that the transcendental ego is intrinsically intersubjective. My main philosophical claim in this regard is that the way Husserl’s account of transcendental empathy unfolds in the Cartesian Meditations implies a prior fundamental mereological structure of which the individual transcendental ego is only a part. That is, the transcendental ego has an eidetic a-priori intersubjective structure, in the sense of being a moment of an intersubjectively structured transcendental whole. In this sense, rather than being a singulare tantum, it is more fitting to say that transcendental subjectivity is actually a plurale tantum. (shrink)

In this paper, I explore the possibility of developing a Kantian account of the ethics of belief by deploying the tools provided by Kant's ethics. To do so, I reconstruct epistemic concepts and arguments on the model of their ethical counterparts, focusing on the notions of epistemic principle, epistemic maxim and epistemic universalizability test. On this basis, I suggest that there is an analogy between our position as moral agents and as cognizers: our actions and our thoughts are subject to (...) the same rational norm. (shrink)

As has been noted in the recent literature on Kant’s ethics, Kant holds that although natural drives such as feelings, emotions and inclinations cannot lead directly to moral worth, they nevertheless play some kind of role vis-à-vis morality. The issue is thus to understand this role within the limits set by Kant’s account of freedom, and it is usually tackled by examining the relationship between moral and non-moral motivation in the Groundwork, the Critique of Practical Reason, and more recently, the (...) Anthropology. In this respect, the aim of this paper is to argue that the Observations is a peculiar work, for by contrast with later works, its focus is not on the ways in which nature helps human beings become more moral, or better moral agents, but rather on how it ensures that the human species survives and flourishes independently of its morality, and in particular despite its lack thereof. In this sense, the Observations emphasizes first that the human species can, and does, function independently of its moral worth; and second, that it is intended to function beautifully has a whole in spite of its lack of moral worth. On this basis, I will conclude that the Kant of the Observations is more akin to a Mandeville than a Rousseau – he describes the functioning of the species, spelling out its survival mechanisms through natural drives, rather than explains that and how it ought to perfect itself. (shrink)

This chapter centers around law's capacity to constitute practical reasons. In discussing this theme, consideration is given to law's artifactual character. The discussion falls into two main parts. In Section 1, I critically examine a skeptical line of thought about law's capacity to constitute reasons for action, which draws, in part, on law's artifactuality. I argue for a somewhat less skeptical (but still qualified) stance, according to which the fact that a legal directive has been issued can (notwithstanding the artifactuality (...) involved) be a reason for action, yet one that is underpinned by bedrock values which (under certain conditions and constraints) law is apt to serve. In Section 2, I consider whether, and in what sense, law can acquire an even more 'robust' status as a source of practical reasons. I focus particularly on Joseph Raz's position about the normative force of (legitimate) legal authority and on an alternative position I have proposed and advocated elsewhere. (shrink)

Andrew Chignell and Omri Boehm have recently argued that Kant’s pre-Critical proof for the existence of God entails a Spinozistic conception of God and hence substance monism. The basis for this reading is the assumption common in the literature that God grounds possibilities by exemplifying them. In this article I take issue with this assumption and argue for an alternative Leibnizian reading, according to which possibilities are grounded in essences united in God’s mind (later also described as Platonic ideas intuited (...) by God). I show that this view about the distinction between God’s cognition of essences as the ground of possibility and the actual world is not only explicitly stated by Kant, but is also consistent with his metaphysical picture of teleology in nature and causality during the pre-Critical period. Finally, I suggest that the distinction between the conceptual order of essences embodied in the idea of God and the order of the objects of experience plays a role in the transition into the Critical system, where it is transformed into the distinction between the intelligible and the sensible worlds. (shrink)

In the ‘Appendix to the Transcendental Dialectic’ of the Critique of Pure Reason, Kant contends that the idea of God has a positive regulative role in the systematization of empirical knowledge. But why is this regulative role assigned to this specific idea? Kant’s account is rather opaque and this question has also not received much attention in the literature. In this paper I argue that an adequate understanding of the regulative role of the idea of God depends on the specific (...) metaphysical content Kant attributes to it in the Critique and other writings. I show that neither a heuristic principle of conceptual systematicity, nor conceiving God as a hypothesis of an intelligent designer, can satisfy the demands of reason to make the unity and necessity of the laws of nature intelligible. Regarding the positive account about the metaphysical content of the idea of God, I support my argument by referring to Kant’s pre-critical discussion of the usefulness of the conception of God for the project of science, and by expounding Kant’s critical account of the necessity of the laws of nature. Thus my account sheds light on the continuity of Kant’s conception of God and his appropriation of his own rationalistic metaphysics. (shrink)

In his lectures on Logic and Metaphysics, Kant distinguishes between logical and real essences. While the former is related to concepts and is knowable, the latter is related to things and is unknowable. In this paper, I argue that the unknowability is explained by the modal characteristic of real essences as a necessitating ground on which a priori knowledge is impossible. I also show how this claim is related to the unknowable necessity of particular laws of nature. Since laws of (...) nature are conceived as grounded in real essences, the unknowability of the latter is equivalent to Kant's other claim that there can be no knowledge of the necessity of particular laws of nature. Necessity can only be known a priori, and therefore, the necessity of particular laws is only assumed and conceived as grounded in something unknowable, a real essence. This conclusion will allow me to attribute to Kant a position I label as “regulative essentialism”, meaning that real essences have an indispensable role in accordance with the rational interest to explain nature as a system of laws and natural kinds, combined with an epistemic humility about the correspondence of our empirical concepts to real essences. (shrink)

This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, two (...) competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. -/- It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm—it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. (shrink)

The aim of this paper is to explore Kant’s account of normativity through the prism of the distinction between the natural and the human sciences. Although the pragmatic orientation of the human sciences is often defined in contrast with the theoretical orientation of the natural sciences, I show that they are in fact regulated by one and the same norm, namely reason’s demand for autonomy.

If updating with E has the same result across all epistemically possible worlds, then the agent has no uncertainty as to the behavior of the update, and we may call it a transparent update. If an agent is uncertain about the behavior of an update, we may call it opaque. In order to model the uncertainty an agent has about the result of an update, the same update must behave differently across different possible worlds. In this paper, I study opaque (...) updates using a simple system of dynamic epistemic logic suitably modified for that purpose. The paper highlights the connection between opaque updates and the dynamic-epistemic principles Perfect-Recall and No-Miracles. I argue that opaque updates are central to contemporary discussions in epistemology, in particular to externalist theories of knowledge and to the related problem of epistemic bootstrapping, or easy knowledge. Opaque updates allow us to explicitly investigate a dynamic form of uncertainty, using simple and precise logical tools. (shrink)

While it is well known that Kant’s transcendental idealism forbids the transcendent use of reason and its ideas, what had been underexplored until the last decade or so is his account of the positive use of reason’s ideas as it is expounded in the “Appendix” of the Critique of Pure Reason. The main difficulty faced by his account is that while there is no doubt that for Kant we need to rely on the ideas of reason in order to gain (...) knowledge of the empirical world, the justificatory grounds for our use remain unclear. Commentators have suggested various ways of addressing this worry. Some emphasize that reason’s demand for systematicity is purely methodological; others that the assumption that nature itself is systematically unified is transcendentally necessary. Some simply deem Kant’s account “extremely self-contradictory.” What is clear is that if neither the presupposition of nature’s systematic unity nor the command to seek this unity have any justification, reason’s regulative function, which plays a crucial role in Kant’s account of cognition, also lacks justification. This would be a disastrous result, for it would threaten the very possibility of cognition and its progress. This chapter proposes to tackle this problem from a new angle by exploring the role of reason’s feelings in Kant’s account. While the relationship between practical reason and feeling has been explored at length in the literature, the relationship between theoretical reason and feeling has not, and my aim is to suggest that doing so can shed new light on reason’s cognitive activity. For focusing on the fact that theoretical reason’s need manifests itself as a feeling will enable me to reassess how this need is met through reason’s regulative use of its ideas. (shrink)

This paper argues that contrary to what is often thought, virtue for Kant is not just a matter of strength of will; it has an essential affective dimension. To support this claim, I show that certain affective dispositions, namely moral feelings and desires, are virtuous in the sense that they are constitutive of virtue at the affective level. There is thus an intrinsic connection between an agent’s practice of virtue and the cultivation of her affective dispositions.

In the recent literature on the issue, a number of commentators have argued that Kant’s aesthetic theory commits him to the position that nothing is ugly. For instance, in ‘Why Kant finds nothing ugly’, Shier argues that ‘within Kant’s aesthetics, there cannot be any negative judgments of taste’ (Shier (1998): 413). And in ‘Kant’s problems with ugliness’, Thomson claims that ‘Kant’s aesthetic theory precludes […] ugliness’ (Thomson (1992): 107). In other words, as it is presented in some of the literature, (...) Kant’s account of aesthetic judgment seems to preclude him from accounting for the possibility of ugliness. A number of reasons have been put forward to explain why there can be no ugliness for Kant. Some have to do with his account of experience in general. Others have to do with the very nature of the free play between imagination and understanding. Of course, the real source of the problem is that the Critique of Judgment does not actually discuss ugliness, so commentators are left with the task of filling in the gaps. This paper aims to argue that Kant’s account of aesthetic judgment commits him not only to the existence of the ugly, but to the distinction between two kinds of ugliness. To support this claim, I will start from the premise that if there is to be room for ugliness, it should be defined as the contrary of beauty. However, I will suggest that Kant’s account of beauty can be negated in two ways, one that gives rise to impure ugliness and the other to pure ugliness. I will examine them in turn, first by showing that impure ugliness is the contrary of beauty insofar as it contravenes our interests and produces a desire to dispose of it, whereas beauty is necessarily disinterested for Kant. In the second section, I will use Kant’s definition of judgments of pure beauty to carve a space for an account of pure ugliness. For, it should present all the characteristics that make it “pure” whilst replacing the characteristics that make it beautiful with the ones that make it ugly. On this basis, I will define pure ugliness as the disinterested displeasure caused by the experience of what I will call “foul play” between the imagination and the understanding. (shrink)

The nature of Kant’s criticism of his pre-Critical ‘possibility proof’ for the existence of God, implicit in the account of the Transcendental Ideal in the Critique of Pure Reason, is still under dispute. Two issues are at stake: the error in the proof and diagnosis of the reason for committing it. I offer a new way to connect these issues. In contrast with accounts that locate the motivation for the error in reason’s interest in an unconditioned causal ground of all (...) contingent existence, I argue that it lies in reason’s interest in another kind of unconditioned ground, collective unity. Unlike the conception of the former, that of the latter directly explains the problematic ontological assumption of the possibility proof, the existence of intelligible objects as the ground of possibility. I argue that such Platonic entities are assumed because they are amenable to the kind of unity prescribed by reason. However, since the interest in collective unity has a legitimate regulative use when applied to the systematic unity of nature, the conception of God entailed by the possibility proof is retained as a regulative idea of reason. (shrink)

Kant's “Religion Within the Boundaries of Mere Reason” seems an odd element in Kant's oeuvre. Parts of it seem like scholastic theology or an arbitrary effort to reconcile the Kantian philosophical system with the doctrines of Christianity1. One of the most troubling notions is that of radical evil. Not only is the motivation for introducing the notion unclear, it is also difficult to grasp the line of argumentation, and furthermore accept its conclusion that there must be an innate propensity for (...) evil in human nature. The vague introduction of the concept of grace exacerbates the puzzlement even further. Nevertheless, I claim that the notions of radical evil and grace form a significant addition to Kant's conception of moral life lacking in his earlier works in ethics, Groundwork to the Metaphysic of Morals and the Critique of Practical Reason. I contend that the depiction of human moral life is not exhausted by the consciousness of duty and the endless pursuit toward virtue. Moral life is characterized also by the ongoing introspection of character accompanied by the hope for moral transformation as manifested by the notions of radical evil and grace. (shrink)

In line with familiar portrayals of Kant's ethics, interpreters of his philosophy of education focus essentially on its intellectual dimension: the notions of moral catechism, ethical gymnastics and ethical ascetics, to name but a few. By doing so, they usually emphasise Kant's negative stance towards the role of feelings in moral education. Yet there seem to be noteworthy exceptions: Kant writes that the inclinations to be honoured and loved are to be preserved as far as possible. This statement is not (...) only at odds with Kant's general claim that education should not encourage feelings, but more importantly, it encourages a feeling that is in many ways paradigmatically un-Kantian. How are we to understand the fact that of all feelings, the love of honour should be preserved? To answer this question, I begin by clarifying the reasons behind Kant's negative stance towards feelings in moral education. I then turn to his account of the feeling of love of honour. After distinguishing between its good and its bad forms, I consider two ways of making sense of the positive role Kant assigns to it. The first, modest reading will suggest that the feeling of love of honour is morally useful because it has two functions: an epistemic one, and a motivational one. The second, more ambitious reading will suggest that the feeling of love of honour enables the child to experience her inner worth as bearer of value. (shrink)

The conviction that ‘intention’ is not semantically ambiguous but has a single and distinctive meaning frames the argument of Anscombe’s masterwork Intention. What this meaning is, however, is barely recognizable in her book. One reason for this difficulty is that Intention starts from a threefold division of the appearance of the concept in our natural language and proceeds to develop its various accounts piecemeal. Another is the obscurity of the notion of ‘practical knowledge’ it introduces, precisely for shedding the light (...) that would make its topic perspicuous as a whole. The present article aims to amend this obscurity by providing both a schema of unity for the various parts of the division and an account of the fixed character of the concept. For the former task, the article recaptures Anscombe’s technical use of the term ‘a kind of statement’, uses it to clarify the nature of the division’s parts, and argues that they are co-constituted in a larger context of rational proceedings. Having done this, the article shows that the point of such proceedings is to display the validity of practical reasoning in a given case. It analyses Anscombe’s account of this kind of validity, providing thereby the representation of the fixed character of ‘intention’ as a distinct form of thinking. (shrink)

The aim of this paper is to show that for Kant, a combination of epigenesis and monogenesis is the condition of possibility of anthropology as he conceives of it and that moreover, this has crucial implications for the biological dimension of his account of human nature. More precisely, I begin by arguing that Kant’s conception of mankind as a natural species is based on two premises: firstly the biological unity of the human species (monogenesis of the human races); and secondly (...) the existence of ‘seeds’ which may or may not develop depending on the environment (epigenesis of human natural predispositions). I then turn to Kant’s account of man’s natural predispositions and show that far from being limited to the issue of races, it encompasses unexpected human features such as gender, temperaments and nations. These predispositions, I argue, are means to the realisation of Nature’s overall purpose for the human species. This allows me to conclude that man’s biological determinism leads to the species’ preservation, cultivation and civilisation. (shrink)

On my interpretation of Kant, feeling plays a central role in the mind: it has the distinct function of tracking and evaluating our activity in relation to ourselves and the world so as to orient us. In this article, I set out to defend this view against a number of objections raised by Melissa Merritt and Uri Eran. I conclude with some reflections on the fact that, despite being very different, Merritt and Eran’s respective views of Kantian feelings turn out (...) to have something potentially problematic in common: they blur the boundary between feelings and other kinds of mental states. (shrink)

This article juxtaposes a jurisprudential thesis and a practical problem in an attempt to gain critical insight into both. The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is dubbed here the FA). The analysis yields three principal observations: (1) Judicial resort to the FA is discordant with the rights thesis. (2) The rights thesis is (...) instructive in one way but mistaken in another. While Dworkin has highlighted some valid and sound reasons against judicial policymaking, his conclusive exclusion of judicial policymaking from civil law adjudication is erroneous. Civil law adjudication, it is argued, is an arena of ineliminable tension between principle and policy. (3) The FA is a type of policy argument particularly vulnerable to objections against judicial policymaking. There should, therefore, be a (rebuttable) presumption against judicial resort to it. (shrink)

This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...) find that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined here); and (ii) their moral assessment of the content of specific legal requirements (‘perceived moral content of laws’). We also observe an interactive relationship between these two factors. At higher levels of perceived moral content of laws, felt duty to obey is a better predictor of compliance. And, similarly, perceived moral content of laws is a better predictor of compliance at higher levels of felt duty to obey. This suggests that the moral content incorporated in specific laws interacts with the normative force people ascribe to legal authorities by virtue of other qualities, specifically here procedural justice and lawfulness. In Section 3, the focus shifts to a philosophical analysis, whereby we identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. We advocate a distinctive alternative to two rival approaches in jurisprudential discourse, the first of which claims that Lon Fuller’s eight precepts of legality embody moral qualities not contingent on the law’s content, while the second denies any independent moral value in these eight precepts, viewing them as entirely subservient to the law’s substantive goals. In contrast, on the view put forward here, Fuller’s principles possess (inter alia) an expressive moral quality, but their expressive effect does not materialise in isolation from other, contextual factors. In particular, the extent to which it materialises is partly sensitive to the moral quality of the law’s content. (shrink)

This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a legal requirement (...) has been issued can be a reason for action, yet one that is underpinned by bedrock values which law is apt to serve. Notions discussed here include a value-based conception of reasons as facts ; a distinction between complete and incomplete reasons ; and David Enoch’s idea of triggering reason-giving. Following a discussion of criticism against the view adopted here, the chapter concludes by considering some more ‘robust’ conceptions of law’s reason-giving capacity. (shrink)

This article discusses an anomaly in the English law of reproductive liability: that is, an inconsistency between the law’s approach to wrongful life claims and its approach to cases of negligent selection of gametes or embryos in infertility treatments (the selection cases). The article begins with an account of the legal position, which brings into view the relevant inconsistency: while the law treats wrongful life claims as non- actionable, it recognises a cause of action in the selection cases, although the (...) selection cases bear a relevant resemblance to wrongful life claims. The article then considers arguments that may be invoked in an attempt to reconcile the above two strands of the law. Three of these counterarguments consist in attempts to distinguish the selection cases from wrongful life claims. It is argued that these attempts fail to reveal a valid basis for treating these situations differently. A fourth possible counterargument levels against the present analysis a charge of reductio ad absurdum. It is shown that this argument suffers from a fundamental flaw caused by confusion between different senses of the term “identity”. Finally, the article discusses possible changes to the legal position that could rectify the problem. It argues that one of these changes, which focuses on legal redress for violation of personal autonomy, is particularly apt to resolve the problem at hand, but also highlights the need for further inquiry into the broader implications of introducing this form of redress into the law of torts. (shrink)

The aim of this paper is to show that for Kant, a combination of epigenesis and monogenesis is the condition of possibility of anthropology as he conceives of it and that moreover, this has crucial implications for the biological dimension of his account of human nature. More precisely, I begin by arguing that Kant’s conception of mankind as a natural species is based on two premises: firstly the biological unity of the human species (monogenesis of the human races); and secondly (...) the existence of ‘seeds’ which may or may not develop depending on the environment (epigenesis of human natural predispositions). I then turn to Kant’s account of man’s natural predispositions and show that far from being limited to the issue of races, it encompasses unexpected human features such as gender, temperaments and nations. These predispositions, I argue, are means to the realisation of Nature’s overall purpose for the human species. This allows me to conclude that man’s biological determinism leads to the species’ preservation, cultivation and civilisation. (shrink)

Within the ambit of modernity, "to be" a "person" means "to have" "a body." But what exactly do we mean when we say: ‘I have a body’? Who or what is this ‘I’ that ‘has’ ‘a body’ anyway? And how and why does this ‘having’, this possessing, of ‘a body’ confer legal and psychological personhood on us? Does such bodily possession necessarily define a mode of ‘self ownership’? Is distinguishing between the notions of ‘being an organism’, or even ‘being alive’, (...) and ‘having a body’ just a matter of semantics? Or are there pragmatic, bio-political consequences to the ways we construe our vitality and embodiment? Can thinking about ‘the body’ as a (or even, the) matter of ‘self possession’ tell us something interesting about how ‘personhood’ informs our lives? After all, what is ‘the nature’ of ‘the body’, if it can be possessed in such a manner? And does this proprietary way of thinking exhaust the possibilities for how we can imagine what it means to be an organism, a person, a citizen or a human? (shrink)

Williamson (2000) argues that the KK principle is inconsistent with knowledge of margin for error in cases of inexact perceptual observations. This paper argues, primarily by analogy to a different scenario, that Williamson’s argument is fallacious. Margin for error principles describe the agent’s knowledge as a result of an inexact perceptual event, not the agent’s knowledge state in general. Therefore, epistemic agents can use their knowledge of margin for error at most once after a perceptual event, but not more. This (...) insight blocks a crucial step in Williamson’s original argument. Along the way, the value of standard epistemic logic for analyzing margin for error reasoning is challenged. (shrink)

In recent decades, theories of representation have undergone a constructivist turn, as many theorists no longer view the represented subject as prior to but rather as an effect of representation. Whereas some critics have claimed that lacking an ontologically pre-given subject undermines the theory of representation, many democratic theorists have sought to reconceptualize representation and its democratic possibilities by turning away from ontological questions altogether. By focusing instead on how representatives come to know the public interest, many scholars now contend (...) that an epistemological account best explains how political representation can foster democratic participation. Yet, theorists of representation have not assessed whether this turn to epistemology has overcome the ontological problems that initially motivated it. This article tracks epistemological defenses of representation to outline two models of political representation that attempt to tackle the epistemological problem of constituent interest without positing a foundational ontology of the subject. I argue that both theoretical tendencies ultimately remain caught in the problems of ontology, thereby undercutting their normative aspirations to foster political participation. Turning to Hannah Arendt’s comments on public interest and her writings on council democracy, the article retheorizes the concept of political representation to avoid the ontological problems that beset current accounts. (shrink)

I critically discuss two kinds of argument in favour of ontological pluralism and argue that they fail to show that ways of being are explanatorily fruitful.

In this paper, I defend what may seem a surprising view: that John Stuart Mill’s famous harm principle would, if taken to be what justifies government action, disallow the existence of corporations. My claim is not that harmful activities of currently existing corporations warrants their losing corporate status according to the harm principle. The claim, rather, is that taken strictly, the harm principle and the legal possibility of incorporation are mutually exclusive. This view may be surprising—and I do not at (...) all mean to attribute it to Mill—but if I am right, it should be obvious. It should also encourage us to think more about the nature of the markets within which business occurs. (shrink)

I aim in this paper to provide defense of one way to look at what should be regulated in the market place. In particular, I discuss what should be tolerated and argue against corporate welfare. I begin by endorsing John Stuart Mill’s harm principle as a normative principle of toleration. I call strict commitment to the harm principle when considering the regulatory structure of markets market libertarianism and oppose that to promotionism, the view that endorses government interference to promote business (...) interests. I next discuss the widespread use of promotionist policies, arguing against them and for market libertarianism. I also consider problems for my view, recognizing that one of my responses may leave some thinking the paper is a reductio of the market libertarian view because of the sort of slow-growth state it endorses. Others will recognize it as a view promoted by some of the U.S. founding fathers and find it attractive in its own right. (shrink)

I defend a neo-Kantian view wherein we are capable of being completely autonomous and impartial and argue that this ability can ground normativity. As this view includes an existentialist conception of the self, I defend radical choice, a primary component of that conception, against arguments many take to be definitive. I call the ability to use radical choice “existentialist voluntarism” and bring it into a current debate in normative philosophy, arguing that it allows that we can be distanced from all (...) ends at once so as to be completely impartial. Finally, I indicate how this can be the source of normativity as it provides a purely impartial reason for being rational. (shrink)

Whether Social Media Companies (hereafter, SMCs) such as Twitter and Facebook limit speech is an empirical question. No one disputes that they do. Whether they “censor” speech is a conceptual question, the answer to which is a matter of dispute. Whether they may do so is a moral question, also a matter of dispute. We address both of these latter questions and hope to illuminate whether it is morally permissible for SMCs to restrict speech on their platforms. This could be (...) part of a larger argument, when we do not explicitly offer here, that states ought not to forbid SMCs from censoring. We do not focus on legal statutes or precedent. We argue that nonstate actors can (as a conceptual matter) and may (as a moral matter) impede the freedoms of others to express themselves. That is, barring rare emergencies, nonstate actors may censor individuals even when states may not. (shrink)

The task of this paper is to provide what is necessary for a conceptual analysis of toleration such that one would have a clear definition of this central liberal tenet. First, notions related to but different from toleration are discussed; this provides guidance by introducing the likely definitional conditions of toleration. Next, those conditions are explicated and defended. Putting the conditions together, we can say an agent tolerates when she intentionally and on principle refrains from interfering with an opposed other (...) (or their behavior, etc.), though she believes she has the power to interfere. This definition is neither normatively loaded nor sufficient for moral or political theory. Readers may also prefer a definition made with some subset of the conditions rather than all. (shrink)

In this paper, I defend an account of harm as event-based but also in the mold of the account offered by Joel Feinberg in his magnum opus, The Moral Limits of the Criminal Law.3 The analysis I offer is meant, that is, to be serviceable in a project like Feinberg’s–that is, it is one of normative political philosophy—and, importantly here, useful for determining when speech might rightly be limited. On the account defended here, to undergo a harm is to be (...) the subject of an event wherein one’s interests are wrongfully set back and wherein the status of the undergoing of the harm derives from its being the sort of event that it is (namely, a setting back of interests), independently of the badness of any resulting state. (shrink)

In this paper I look at three versions of the charge that liberalism’s emphasis on individuals is detrimental to community—that it encourages a pernicious disregard of others by fostering a particular understanding of the individual and the relation she has with her society. According to that understanding, individuals are fundamentally independent entities who only enter into relations by choice and society is seen as nothing more than a venture voluntarily entered into in order to better oneself. Communitarian critics argue that (...) since liberals neglect the degree to which individuals are dependent upon their society for their self-understanding and understanding of the good, they encourage individuals to maintain a personal distance from others in their society. The detrimental effect this distancing is said to have on communities is often called “asocial individualism” or “asocialism.” I argue that all three versions of the charge fail against liberalism and that liberalism—with its insistence on the normative import of individuals—is not detrimental to communities, but can actually foster strong communities. (shrink)

Liberalism, historically, is closely associated with increased toleration, so it is unsurprising that a variety of contemporary authors (Hampton, Kukathas, Barry, Ten) consider toleration to be “the substantive heart of liberalism” (Hampton 1989, 802). The precise role of toleration in liberalism, though, is unclear; different liberals have different views. In this essay, I will discuss three sorts of liberal theories and indicate how they approach questions of toleration, arguing that one of them supports toleration of more sorts of activities (including (...) speech acts and lifestyles) than the others. While I think this is reason to favor that sort of theory, I will not defend that claim. Some reasonably think (and defend the view) that though toleration is of value, its limits should be drawn more narrowly. (shrink)

A dynamic epistemic logic is presented in which the single agent can reason about his knowledge stages before and after announcements. The logic is generated by reinterpreting multi agent private announcements in a single agent environment. It is shown that a knowability principle is valid for such logic: any initially true ϕ can be known after a certain number of announcements.

Molyneux asked whether a newly sighted person could distinguish a sphere from a cube by sight alone, given that she was antecedently able to do so by touch. This, we contend, is a question about general ideas. To answer it, we must ask (a) whether spatial locations identified by touch can be identified also by sight, and (b) whether the integration of spatial locations into an idea of shape persists through changes of modality. Posed this way, Molyneux’s Question goes substantially (...) beyond question (a), about spatial locations, alone; for a positive answer to (a) leaves open whether a perceiver might cross-identify locations, but not be able to identify the shapes that collections of locations comprise. We further emphasize that MQ targets general ideas so as to distinguish it from corresponding questions about experiences of shape and about the property of tangible (vs. visual) shape. After proposing a generalized formulation of MQ, we extend earlier work (“Many Molyneux Questions,” Australasian Journal of Philosophy 2020) by showing that MQ does not admit a single answer across the board. Some integrative data-processes transfer across modalities; others do not. Seeing where and how such transfer succeeds and fails in individual cases has much to offer to our understanding of perception and its modalities. (shrink)

Deepfakes are algorithmically modified video and audio recordings that project one person’s appearance on to that of another, creating an apparent recording of an event that never took place. Many scholars and journalists have begun attending to the political risks of deepfake deception. Here we investigate other ways in which deepfakes have the potential to cause deeper harms than have been appreciated. First, we consider a form of objectification that occurs in deepfaked ‘frankenporn’ that digitally fuses the parts of different (...) women to create pliable characters incapable of giving consent to their depiction. Next, we develop the idea of ‘illocutionary wronging’, in which an individual is forced to engage in speech acts they would prefer to avoid in order to deny or correct the misleading evidence of a publicized deepfake. Finally, we consider the risk that deepfakes may facilitate campaigns of ‘panoptic gaslighting’, where many systematically altered recordings of a single person's life undermine their memory, eroding their sense of self and ability to engage with others. Taken together, these harms illustrate the roles that social epistemology and technological vulnerabilities play in human ethical life. (shrink)

Orthodox decision theory gives no advice to agents who hold two goods to be incommensurate in value because such agents will have incomplete preferences. According to standard treatments, rationality requires complete preferences, so such agents are irrational. Experience shows, however, that incomplete preferences are ubiquitous in ordinary life. In this paper, we aim to do two things: (1) show that there is a good case for revising decision theory so as to allow it to apply non-vacuously to agents with incomplete (...) preferences, and (2) to identify one substantive criterion that any such non-standard decision theory must obey. Our criterion, Competitiveness, is a weaker version of a dominance principle. Despite its modesty, Competitiveness is incompatible with prospectism, a recently developed decision theory for agents with incomplete preferences. We spend the final part of the paper showing why Competitiveness should be retained, and prospectism rejected. (shrink)

The concept of acting intentionally is an important nexus where ‘theory of mind’ and moral judgment meet. Preschool children’s judgments of intentional action show a valence-driven asymmetry. Children say that a foreseen but disavowed side-effect is brought about 'on purpose' when the side-effect itself is morally bad but not when it is morally good. This is the first demonstration in preschoolers that moral judgment influences judgments of ‘on-purpose’ (as opposed to purpose influencing moral judgment). Judgments of intentional action are usually (...) assumed to be purely factual. That these judgments are sometimes partly normative — even in preschoolers — challenges current understanding. Young children’s judgments regarding foreseen side-effects depend upon whether the children process the idea that the character does not care about the side-effect. As soon as preschoolers effectively process the ‘theory of mind’ concept, NOT CARE THAT P, children show the side-effect effect.idea.. (shrink)

Do facts about what an agent would freely do in certain circumstances at least partly determine any of her moral obligations? Actualists answer ‘yes’, while possibilists answer ‘no’. We defend two novel hybrid accounts that are alternatives to actualism and possibilism: Dual Obligations Hybridism and Single Obligation Hybridism. By positing two moral ‘oughts’, each account retains the benefits of actualism and possibilism, yet is immune from the prima facie problems that face actualism and possibilism. We conclude by highlighting one substantive (...) difference between our two hybrid accounts. (shrink)

Virtue ethics is often understood as a rival to existing consequentialist, deontological, and contractualist views. But some have disputed the position that virtue ethics is a genuine normative ethical rival. This chapter aims to crystallize the nature of this dispute by providing criteria that determine the degree to which a normative ethical theory is complete, and then investigating virtue ethics through the lens of these criteria. In doing so, it’s argued that no existing account of virtue ethics is a complete (...) normative ethical view that rivals existing consequentialist, deontological, and contractualist views. Moreover, it is argued that one of the most significant challenges facing virtue ethics consists in offering an account of the right-making features of actions, while remaining a distinctively virtue ethical view. (shrink)

In recent years, a new generation of activists has reinvigorated debate over the public commemorative landscape. While this debate is in no way limited to statues, it frequently crystallizes around public representations of historical figures who expressed support for the oppression of certain groups or contributed to their past or present oppression. In this paper, I consider what should be done about such representations. A number of philosophers have articulated arguments for modifying or removing public monuments. Joanna Burch-Brown (2017) grounds (...) her argument for removal in what I call the “honorific” function of such representations—the ways in which they express and tend to cultivate admiration for their subjects. In the first two sections of the paper, I develop a novel argument for modifying these representations based on this insight. I argue that leaving such representations unmodified in the public space tends to undermine the dignity of members of oppressed groups as well as their assurance that society and government are committed to their rights and constitutional entitlements. In the paper’s third section, I develop a “balancing test” for determining whether the relevant moral and pragmatic considerations favor making a particular representation inaccessible to the public, or recontextualizing it for public consumption. Unlike some of the existing philosophical treatments of honorific representations that focus on particular monuments, this balancing test is designed for general application to any honorific representation that satisfies the presumptive case for modification. To conclude, I offer some reasons why weak forms of recontextualization that do not involve altering institutional context may often be an insufficient remedy for the problems I describe. (shrink)