In this essay, I argue that a proper understanding of the historicity of love requires an appreciation of the irreplaceability of the beloved. I do this through a consideration of ideas that were first put forward by Robert Kraut in “Love De Re” (1986). I also evaluate Amelie Rorty's criticisms of Kraut's thesis in “The Historicity of Psychological Attitudes: Love is Not Love Which Alters Not When It Alteration Finds” (1986). I argue that Rorty fundamentally misunderstands Kraut's Kripkean analogy, and (...) I go on to criticize her claim that concern over the proper object of love should be best understood as a concern over constancy. This leads me to an elaboration of the distinct senses in which love can be seen as historical. I end with a further defense of the irreplaceability of the beloved and a discussion of the relevance of recent debates over the importance of personal identity for an adequate account of the historical dimension of love. (shrink)

American History X (hereafter AHX) has been accused by numerous critics of a morally dangerous cinematic seduction: using stylish cinematography, editing, and sound, the film manipulates the viewer through glamorizing an immoral and hate-filled neo-nazi protagonist. In addition, there’s the disturbing fact that the film seems to accomplish this manipulation through methods commonly grouped under the category of “fascist aesthetics.” More specifically, AHX promotes its neo-nazi hero through the use of several filmic techniques made famous by Nazi propagandist Leni Riefenstahl. (...) Now most critics admit that, in the end, the film claims to denounce racism and attempts to show us the conversion of the protagonist to the path of righteousness, but they complain that nonetheless the film (perhaps unintentionally) ends up implicitly promoting the immoral worldview it rather superficially professes to reject in its final act. This charge of hypocrisy is connected to another worry: the moral conversion in the film is said to fall flat because the intellectual resources on display to support the character’s racism are not counterbalanced by equally explicit (but superior) arguments for the anti-racist position ultimately embraced by the character. In other words, just as the devil is said to get all the good lines in Milton’s Paradise Lost, in AHX the racists get all the arguments. This has been taken to be a morally problematic flaw of the film. Critics lament that Derek’s conversion seems to result not from relevant logical inferences and valid rational argumentation but from overly simplistic and arguably egoistic insights (e.g., “has anything you've done made your life better?”) combined, perhaps, with a hackneyed cliché (in prison, one of his best friends is a black person!) In this paper I’ll attempt to rebut these charges and defend the film as a powerful, and powerfully moral, work of art. I’ll be suggesting that the seductive techniques employed allow for many viewers a degree of sympathy towards the protagonist that is crucial, both for making that character’s more horrific actions especially unsettling, and also for making his eventual conversion plausible and ultimately compelling. I’ll also argue that the manner in which his conversion is presented is in fact subtler than many critics have allowed: Derek’s transformation is not artificial or implausible but is depicted as resulting from a cumulative series of emotionally powerful life events and personal engagements. It is certainly true that it is not represented in the way some would seemingly have preferred, i.e. as straightforwardly resulting from a process of gradual intellectual improvement in Derek’s reasoning on questions of race and politics. However, I’ll argue that the decidedly emotional basis of his moral evolution is both refreshingly realistic and no hindrance to accepting his conversion as rational. Finally, properly understanding the legitimacy of the emotional foundations of much moral thought will also allow us to appreciate the ways in which our initial worries about this film’s (not insignificant) ability to persuade viewers through the engagement of emotions need not, in itself, be seen as a barrier to endorsing the film as a morally praiseworthy work. (shrink)

Grau and Pury (Review of Philosophy and Psychology, 5, 155–168, 2014) reported that people’s views about love are related to their views about reference. This surprising effect was however not replicated in Cova et al.’s (in press) replication study. In this article, we show that the replication failure is probably due to the replication’s low power and that a metaanalytic reanalysis of the result in Cova et al. suggests that the effect reported in Grau and Pury is real. (...) We then report a large, highly powered replication that successfully replicates Grau and Pury 2014. This successful replication is a case study in the challenges involved in replicating scientific work, and our article contributes to the discussion of these challenges. (shrink)

This is the first book to explore and address the philosophical aspects of Eternal Sunshine of the Spotless Mind. Beginning with a helpful introduction that places each essay in context, specially commissioned chapters examine the following topics: -/- * Philosophical issues surrounding love, friendship, affirmation and repetition * The role of memory (and the emotions) in personal identity and decision-making * The morality of imagination and ethical importance of memory * Philosophical questions about self-knowledge and knowing the minds of others (...) * The aesthetics of the film considered in relation to Gondry’s other works and issues in the philosophy of perception. (shrink)

This essay begins with a consideration of one way in which animals and persons may be valued as “irreplaceable.” Drawing on both Plato and Pascal, I consider reasons for skepticism regarding the legitimacy of this sort of attachment. While I do not offer a complete defense against such skepticism, I do show that worries here may be overblown due to the conflation of distinct metaphysical and normative concerns. I then go on to clarify what sort of value is at issue (...) in cases of irreplaceable attachment. I characterize “unique value” as the kind of value attributed to a thing when we take that thing to be (theoretically, not just practically) irreplaceable. I then consider the relationship between this sort of value and intrinsic value. After considering the positions of Gowans, Moore, Korsgaard, Frankfurt, and others, I conclude that unique value is best understood not as a variety of intrinsic value but rather as one kind of final value that is grounded in the extrinsic properties of the object. (shrink)

This paper offers several criticisms of the account of rightholding laid out in S. Matthew Liao’s recent paper “The Basis of Human Moral Status.” I argue that Liao’s account both does too much and too little: it grants rightholder status to those who may not deserve it, and it does not provide grounds for offering such status to those who arguably do deserve it. Given these troubling aspects of his approach, I encourage Liao to abandon his “physical basis of moral (...) agency” account of moral status and instead adopt a position closer to a traditional “speciesist” view. (shrink)

Utilizing the film I, Robot as a springboard, I here consider the feasibility of robot utilitarians, the moral responsibilities that come with the creation of ethical robots, and the possibility of distinct ethics for robot-robot interaction as opposed to robot-human interaction. (This is a revised and expanded version of an essay that originally appeared in IEEE: Intelligent Systems.).

Robert Kraut has proposed an analogy between valuing a loved one as irreplaceable and the sort of “rigid” attachment that (according to Saul Kripke’s account) occurs with the reference of proper names. We wanted to see if individuals with Kripkean intuitions were indeed more likely to value loved ones (and other persons and things) as irreplaceable. In this empirical study, 162 participants completed an online questionnaire asking them to consider how appropriate it would be to feel the same way about (...) a perfect replica of a loved one, as well as other questions about replaceability. Participants who previously had endorsed Kripkean reference (n = 96) rated loved ones as less replaceable on two different measures than participants who had previously endorsed Descriptivist reference (n = 66, t(160)> 2.27, p <.02, eta2> .03). Additional results suggest that this difference extends to other targets as well and is at least partially dependent on sentimental attachment. (shrink)

Jeff McMahan has long shown himself to be a vigorous and incisive critic of speciesism, and in his essay “Our Fellow Creatures” he has been particularly critical of speciesist arguments that draw inspiration from Wittgenstein. In this essay I consider his arguments against speciesism generally and the species-norm account of deprivation in particular. I argue that McMahan's ethical framework is more nuanced and more open to the incorporation of speciesist intuitions regarding deprivation than he himself suggests. Specifically, I argue that, (...) given his willingness to include a comparative dimension in his “Intrinsic Potential Account” he ought to recognize species as a legitimate comparison class. I also argue that a sensible speciesism can be pluralist and flexible enough to accommodate many of McMahan's arguments in defense of “moral individualist” intuitions. In this way, I hope to make the case for at least a partial reconciliation between McMahan and the “Wittgensteinian speciesists”, e.g. Cora Diamond, Stephen Mulhall, and Raimond Gaita. (shrink)

The sci-fi premise of the 2002 film Solaris allows director Steven Soderbergh to tell a compelling and distinctly philosophical love story. The “visitors” that appear to the characters in the film present us with a vivid thought experiment, and the film naturally prods us to dwell on the following possibility: If confronted with a duplicate (or near duplicate) of someone you love, what would your response be? What should your response be? The tension raised by such a far-fetched situation reflects (...) a tension that exists in real life: that between an attraction to qualities possessed by a person and attraction to the person in a manner that transcends such an attachment to qualities. In short, this cinematic thought-experiment challenges us to reflect on what we really attach to when we fall in love: is it the person, or is it merely the cluster of characteristics the person manifests? Which sort of attachment is appropriate? Which is philosophical defensible? The protagonist Chris Kelvin’s ambivalence at encountering this bizarre possibility is gripping because it tracks our own ambivalence about such matters. Frankly most of us don’t know just how we would react to such a situation. The thought that accepting and embracing such a “visitor” involves a violation to the original person is natural and pervasive, especially if the acceptance comes with a failure to acknowledge the distinction between the original person and the “visitor”. At the same time, a deep attraction to such a person would surely also be entirely natural and perhaps even inescapable. We, like Kelvin, are torn in different directions by this (thankfully) far-fetched possibility. One philosopher who affirms that accepting a duplicate as though it were the original is the rational thing to do is Derek Parfit. His argument for “the unimportance of identity” is both powerful and radical, and though I’ll be critical of his approach, in the final section of the paper I suggest that it does offer up the resources for an intriguing interpretation of the end of this complex and ambiguous film. (shrink)

In this essay I argue that the film Eternal Sunshine of the Spotless Mind eloquently and powerfully suggests a controversial philosophical position: that the harm caused by voluntary memory removal cannot be entirely understood in terms of harms that are consciously experienced. I explore this possibility through a discussion of the film that includes consideration of Nagel and Nozick on unexperienced harms, Kant on duties to oneself, and Murdoch on the requirements of morality.

In his essay “The Human Prejudice” Bernard Williams presented a sophisticated defense of the moral relevance of the concept “human being”. Here I offer both an analysis of his essay and a defense of his conclusions against criticisms made by Julian Savulescu and Peter Singer. After a discussion of the structure of Williams’s argument, I focus on several complaints from Savulescu: that Williams underestimates the similarities between speciesism and racism or sexism, that Williams relies on a disputable internalism about reasons (...) to make his case, that Williams ignores the arbitrariness of species membership, and (a complaint also made by Singer) that Williams attacks a straw man in considering only negative utilitarianism when criticizing the idea of an Impartial Observer. I defend Williams against these charges and end with a brief discussion of how his alien invasion example illustrates the fundamentally different philosophical sensibility of Bernard Williams in comparison to critics like Savulescu and Singer. (shrink)

The Oxford Handbook of the Philosophy of Love offers a wide array of original essays on the nature and value of love. The editors, Christopher Grau and Aaron Smuts, have assembled an esteemed group of thinkers, including both established scholars and younger voices. The volume contains thirty-three essays addressing both issues about love as well as key philosophers who have contributed to the philosophy of love, such as Plato, Kierkegaard, Schopenhauer, and Murdoch. The topics range from central issues (...) about the nature and variety of love, the possibility of its rational justification, and whether it is an emotion, to the significance of love for law, economics, morality, and free will. The volume also contains an introduction to the subject as well as essays on love’s relation to jealousy, biotechnology, religion, knowledge, and several other topics. This wide-ranging handbook will be a key resource for specialists working on the philosophy of love, and a helpful guide for those looking to learn more about the area. (shrink)

This is a draft of a talk I have given at several venues. At one point I planned to revise it for inclusion in the Oxford Handbook I co-edited, but for various reasons I decided against that. Since I still think it contains some useful material, I have uploaded it here. Feedback welcome.

This study offers a comprehensive summary and critical discussion of Alice Crary’s Beyond Moral Judgment. While generally sympathetic to her goal of defending the sort of expansive vision of the moral previously championed by Cora Diamond and Iris Murdoch, concerns are raised regarding the potential for her account to provide a satisfactory treatment of both “wide” objectivity and moral disagreement. Drawing on the work of Jonathan Lear and Jonathan Dancy, I suggest possible routes by which her position could be expanded (...) and possibly strengthened. (shrink)

This handbook article gives a critical overview of recent discussions of epistemic authority. It favors an account that brings into balance the dictates of rational deference with the ideals of intellectual self-governance. A plausible starting point is the conjecture that neither should rational deference to authorities collapse into total epistemic submission, nor the ideal of mature intellectual self-governance be conflated with (illusions of) epistemic autarky.

A number of cases involving self-locating beliefs have been discussed in the Bayesian literature. I suggest that many of these cases, such as the sleeping beauty case, are entangled with issues that are independent of self-locating beliefs per se. In light of this, I propose a division of labor: we should address each of these issues separately before we try to provide a comprehensive account of belief updating. By way of example, I sketch some ways of extending Bayesianism in order (...) to accommodate these issues. Then, putting these other issues aside, I sketch some ways of extending Bayesianism in order to accommodate self-locating beliefs. Finally, I propose a constraint on updating rules, the "Learning Principle", which rules out certain kinds of troubling belief changes, and I use this principle to assess some of the available options. (shrink)

The coherence objection to the doctrine of the Incarnation maintains that it is impossible for one individual to have both the attributes of God and the attributes of a human being. This article examines Thomas Aquinas’s answer to this objection. I challenge the dominant, mereological interpretation of Aquinas’s position and, in light of this challenge, develop and defend a new alternative interpretation of Aquinas’s response to this important objection to Christian doctrine.

How does good combine with bad? Most creatures are neither so blessed as to only enjoy good nor so cursed as to only suffer bad. Rather, the good and bad they receive throughout their lives combine to produce their overall quality of life. But it’s not just whole lives that have combined good and bad. Many stretches within contain both positive and negative occurrences whose value is joined to form the overall quality of that span of time. In a single (...) morning someone might wake up, brush their teeth, stub their toe groggily lumbering down the stairs, and have a sip of coffee that’s tasty but so hot they burn their tongue. These events are good and bad for them to various degrees, and their value comes together to form an overall value for them of that morning. A single moment, even, can have combined value from distinct pockets of good and bad that occur simultaneously. The tastiness of the coffee is good, but the pain of the heat is bad. They combine to form an overall value of the sipping moment – negative if the pain outweighed the flavor. Thus, wellbeing and illbeing combine. But how? How can someone rightly chastise themselves for sipping the overly hot coffee when it was, in fact, good because it was tasty? To pose the question starkly, a life can be bad, even so bad to not be worth living, and yet it can have many instances of good, where these goods are, in themselves, pure of any negativity. But how can good make something bad? (shrink)

This chapter offers an interpretation of Jaspers’ distinction between explaining and understanding, which relates this distinction to that between general and singular causal claims. Put briefly, I suggest that when Jaspers talks about (mere) explanation, what he has in mind are general causal claims linking types of events. Understanding, by contrast, is concerned with singular causation in the psychological domain. Furthermore, I also suggest that Jaspers thinks that only understanding makes manifest what causation between one element of a person’s mental (...) life and another ultimately consists in – that is, the particular way in which one psychic event can emerge from or arise out of another. I contrast the resulting view both with a view on causation in psychiatry recently put forward by John Campbell, and also with another view that is the target of Campbell’s attack, which is due to Donald Davidson and Daniel Dennett. (shrink)

An epistemic agent A is a false epistemic authority for others iff they falsely believe A to be in a position to help them accomplish their epistemic ends. A major divide exists between what I call "epistemic quacks", who falsely believe themselves to be relevantly competent, and "epistemic charlatans", i.e., false authorities who believe or even know that they are incompetent. Both types of false authority do not cover what Lackey (2021) calls "predatory experts": experts who systematically misuse their social-epistemic (...) status as a cover for predatory behavior. Qua experts, predatory experts are competent and thus could (and maybe sometimes do) help their clients. But should we count them as genuine epistemic authorities? No, I argue, they are false epistemic authorities because, in addition to their practical and moral misconduct, such experts systematically deceive their clients, thereby thwarting the clients’ epistemic ends. (shrink)

Political epistemology is the intersection of political philosophy and epistemology. This paper develops a political 'hinge' epistemology. Political hinge epistemology draws on the idea that all belief systems have fundamental presuppositions which play a role in the determination of reasons for belief and other attitudes. It uses this core idea to understand and tackle political epistemological challenges, like political disagreement, polarization, political testimony, political belief, ideology, and biases, among other possibilities. I respond to two challenges facing the development of a (...) political hinge epistemology. The first is about nature and demarcation of political hinges, while the second is about rational deliberation over political hinges. I then use political hinge epistemology to analyze ideology, dealing with the challenge of how an agent's ideology 'masks' or distorts their understanding of social reality, along with the challenge of how ideology critique can change the beliefs of agents who adhere to dominant ideologies, if agents only have their own or the competing ideology to rely on (see Haslanger 2017). I then explore how political hinge epistemology might be extended to further our understanding of political belief polarization. (shrink)

This article discusses Harvey Siegel’s general justification of the epistemological theory of argumentation in his seminal essay “Arguing with Arguments." On the one hand, the achievements of this essay are honoured—in particular, a thorough differentiation of the different meanings of ‘argument’ and ‘argumentation,’ the semantic justification of the fundamentality of arguments as sequences of propositions, and the detailed critiques of alternative theories of argumentation. On the other hand, suggestions for strengthening the theory are added to Siegel's expositions, which make different (...) perspectives within the epistemological theory of argumentation recognisable. (shrink)

A good definition of process tracing should highlight what is distinctive about process tracing as a methodology of causal inference. I look at eight criteria that are used to define process tracing in the methodological literature, and I dismiss all eight criteria as unhelpful (some because they are too restrictive, and others because they are vacuous). In place of these criteria, I propose four alternative criteria, and I draw a distinction between process tracing for the ultimate aim of testing a (...) start--end hypothesis versus process tracing as an ultimate end in itself. Although it is clear enough how the former method works, there is still much methodological work to be done in understanding the latter method as a distinctive method of causal inference, I argue. (shrink)

Much of the debate about Aristotle’s criticisms of Plato has focused on the separability of the Forms. Here the dispute has to do with the ontological status of the Forms, in particular Plato’s claim for their ontological priority in relation to perceptible objects. Aristotle, however, also disputes the explanatory and causal roles that Plato claims for the Forms. This second criticism is independent of the first; even if the problem of the ontological status of the Forms were resolved to Aristotle’s (...) satisfaction, this second criticism would still stand. The problem here is not that there is no room for Aristotle’s four causes in Plato’s ontology; on the contrary, antecedents for all four can be found in Plato’s works. The problem, instead, is that Plato’s Forms fail to meet the general requirements that Aristotle sets out for the material, efficient, formal, and final causes of perceptible objects. Hence, even if the Forms were immanent in perceptible objects, they would still explain nothing about them. (shrink)

Thomistic Hylomorphists claim that we human persons have rational or intellective souls which can continue to exist separately from our bodies after we die. Much of the recent scholarly discussion of Thomistic Hylomorphism has centered on this thesis and the question of whether human persons can survive death along with their souls or whether only their souls can survive in this separated, disembodied, post-mortem state. As a result, two rival versions of Thomistic Hyomorphism have been formulated: Survivalism and Corruptionism. This (...) chapter makes a new contribution to the debate between Survivalists and Corruptionists by identifying a heretofore undiscussed problem for Corruptionist Thomistic Hylomorphism. In particular, it is argued that if Corruptionists were right that human persons cannot survive their deaths along with their souls, this would undermine the grounds on which all Thomistic Hylomorphists, including Corruptionists, rely to justify their belief that our souls can continue to exist after our deaths. Given this, it is argued that Thomistic Hylomorphists have grounds for thinking that our souls can continue to exist after our deaths only if they allow, as Survivalists do and Corruptionists do not, that we human persons can continue to exist after our deaths, with souls but no bodies. (shrink)

When evaluating theories of causation, intuitions should not play a decisive role, not even intuitions in flawlessly-designed thought experiments. Indeed, no coherent theory of causation can respect the typical person’s intuitions in redundancy (pre-emption) thought experiments, without disrespecting their intuitions in threat-and-saviour (switching/short-circuit) thought experiments. I provide a deductively sound argument for these claims. Amazingly, this argument assumes absolutely nothing about the nature of causation. I also provide a second argument, whose conclusion is even stronger: the typical person’s causal intuitions (...) are thoroughly unreliable. This argument proceeds by raising the neglected question: in what respects is information about intermediate and enabling variables relevant to reliable causal judgment? (shrink)

Aside from the systematic theory of recognition, Honneth’s work in the last decade has also centered around a less commented-upon theme: the critical social theoretic diagnosis of social pathologies. This paper claims first that his diverse diagnoses of specific social pathologies can be productively united through the conceptual structure evinced by second-order disorders, where there are substantial disconnects, of various kinds, between first-order contents and second-order reflexive understandings of those contents. The second major claim of the paper is that once (...) we understand social pathologies as second-order disorders, it becomes apparent that critical social theory must do more than accurately identify and explicate these disorders at the phenomenological and action-theoretic levels. It must further engage in insightful sociological explanations of the social causes of those pathologies in order to further the prognostic and therapeutic tasks implied by the aim of developing a social theory with emancipatory intent. The paper argues that the identificatory and explicative components of diagnostic social theory have been fulfilled by Honneth to a much greater degree than the latter components of explanation, prognosis and therapy. (shrink)

In a series of publications spanning over two decades, William Hasker has argued both that (1) human beings have souls and (2) these souls are not directly created by God but instead are produced by (or “emergent from”) a physical process of some sort or other. By contrast, an alternative view of the human person, endorsed by the contemporary Catholic Church, maintains that (1) human beings have souls but that (2*) each human soul is directly created by God rather than (...) produced by any kind of physical process. Hasker argues that given what we know from evolutionary biology, (2*) is a much less plausible position for believers in souls to take than (2) is. If Hasker is right, then there is a serious tension between the Church’s teaching about the human person and evolutionary biology. In this article, I challenge Hasker’s reasoning. I argue that those who hold the Catholic view that each human soul is directly created by God face no more difficulty reconciling their view with evolutionary biology than those who maintain, as Hasker does, that human souls are instead produced by some kind of physical process. (shrink)

Since Shelly Kagan pointed out the relative neglect of ill-being in philosophical discussions, several philosophers have contributed to an emerging literature on its constituents. In doing so, they have explored possible asymmetries between the constituents of ill-being and the constituents of positive well-being. This paper explores some possible asymmetries that may arise elsewhere in the philosophy of ill-being. In particular, it considers whether there is an asymmetry between the contribution made to prudential value by equal quantities of goods and bads. (...) It then considers a similar question about the contributions made to moral value by equal quantities of ill-being and positive well-being. The paper explores some of the difficulties involved in assessing these questions. It ends by considering broader differences, both practical and theoretical, between the significance of ill-being and of positive well-being. (shrink)

The application of artificial intelligence (AI) to judicial decision-making has already begun in many jurisdictions around the world. While AI seems to promise greater fairness, access to justice, and legal certainty, issues of discrimination and transparency have emerged and put liberal democratic principles under pressure, most notably in the context of bail decisions. Despite this, there has been no systematic analysis of the risks to liberal democratic values from implementing AI into judicial decision-making. This article sets out to fill this (...) void by identifying and engaging with challenges arising from artificial judicial decision-making, focusing on three pillars of liberal democracy, namely equal treatment of citizens, transparency, and judicial independence. Methodologically, the work takes a comparative perspective between human and artificial decision-making, using the former as a normative benchmark to evaluate the latter. -/- The chapter first argues that AI that would improve on equal treatment of citizens has already been developed, but not yet adopted. Second, while the lack of transparency in AI decision-making poses severe risks which ought to be addressed, AI can also increase the transparency of options and trade-offs that policy makers face when considering the consequences of artificial judicial decision-making. Such transparency of options offers tremendous benefits from a democratic perspective. Third, the overall shift of power from human intuition to advanced AI may threaten judicial independence, and with it the separation of powers. While improvements regarding discrimination and transparency are available or on the horizon, it remains unclear how judicial independence can be protected, especially with the potential development of advanced artificial judicial intelligence (AAJI). Working out the political and legal infrastructure to reap the fruits of artificial judicial intelligence in a safe and stable manner should become a priority of future research in this area. (shrink)

One popular approach to statistical mechanics understands statistical mechanical probabilities as measures of rational indifference. Naive formulations of this ``indifference approach'' face reversibility worries - while they yield the right prescriptions regarding future events, they yield the wrong prescriptions regarding past events. This paper begins by showing how the indifference approach can overcome the standard reversibility worries by appealing to the Past Hypothesis. But, the paper argues, positing a Past Hypothesis doesn't free the indifference approach from all reversibility worries. For (...) while appealing to the Past Hypothesis allows it to escape one kind of reversibility worry, it makes it susceptible to another - the Meta-Reversibility Objection. And there is no easy way for the indifference approach to escape the Meta-Reversibility Objection. As a result, reversibility worries pose a steep challenge to the viability of the indifference approach. (shrink)

Axel Honneth, The Struggle for Recognition: The Moral Grammer of Social Conflicts (reviewed by Christopher Zurn).

In this article, I argue that the practice of civil disagreement has robust epistemic benefits and that these benefits enable meaningful forms of reconciliation—across worldview lines and amid the challenging information environment of our age. I then engage two broad groups of objections: either that civil disagreement opposes, rather than promotes, clarity, or else that it does little to help it. If successful, my account gives us reason to include civil disagreement among what Mill calls “the real morality of public (...) discussion,” a fact that should stir us to take more seriously the decline of civility in contemporary life. (shrink)

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized moral-political reasons (...) on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

What does social justice require in contemporary societies? What are the requirements of social democracy? Who and where are the individuals and groups that can carry forward agendas for progressive social transformation? What are we to make of the so-called new social movements of the last thirty years? Is identity politics compatible with egalitarianism? Can cultural misrecognition and economic maldistribution be fought simultaneously? What of the heritage of Western Marxism is alive and dead? And how is current critical social theory (...) to approach these and other questions? Much of the most productive work done in recent social theory has revolved around such issues, in particular, around those concerning the relationship between the politics of recognition and the politics of distribution. After the intense theoretical focus over the last fifteen years or so on the issues of recognition politics—multiculturalism, multi-nationalism, identity politics, group-differentiated rights, the accommodation of difference, and so on—some social theorists have worried that attention has been diverted from important issues of distributive equality—systematic impoverishment, increasing material inequality, ‘structural’ unemployment, the growth of oligarchic power, global economic segmentation, and so on. While some critics seem to have adopted a blunt ‘it’s the economy, stupid’ line of criticism,1 others have attempted to develop an overarching, integrative theoretical framework adequate to the diverse issues concerning both economic and cultural justice. For example, Axel Honneth proposes that a suitably developed and normatively robust theory of intersubjective recognition can adequately integrate an analysis of apparently diverse contemporary struggles: those for a just division of labor and hence, a fair distribution of resources and opportunities, as well as those for a culture free of identity-deforming disrespect and denigration. (shrink)

According to many criteria, agency, intentionality, responsibility and freedom of decision, require conscious decisions. Freud already assumed that many of our decisions are influenced by dynamically unconscious motives or that we even perform unconscious actions based on completely unconscious considerations. Such actions might not be intentional, and perhaps not even actions in the narrow sense, we would not be responsible for them and freedom of decision would be missing. Recent psychological and neurophysiological research has added to this a number of (...) phenomena (the "new unconscious") in which behavior is completely unconscious or in which the decision or its execution is influenced by unconscious factors: priming, automatic behavior, habitualized behavior, actions based on plain unconscious deliberations, intrusion of information from the dorsal pathway, etc. However, since this makes up the largest part of the behavior which is generally regarded as action, intentionality, yet agency, responsibility and even compatibilist freedom of decision for the largest part of our behavior may be threatened. Such considerations have led to a lively debate, which, however, suffers from generalizations that lump all these unconscious phenomena together. In contrast, the aim of this article is to discuss individual unconscious influences on our behavior separately with respect to what extent they require changes in traditional conceptualizations. The first part (2-4) of the article outlines the "traditions" and their elaborations: the intentional causalist concept of action, an associated empirical theory of action and standard concepts of responsibility and compatibilist freedom of decision, as well as the challenges for them. In the second part (5-9), the aforementioned unconscious influences on our actions (except for automated and habitualized actions, which I discuss elsewhere) are examined: 1. unconscious priming, 2. dynamically unconscious motives, 3. dorsal pathway information influencing conscious decisions, 4. unconsciously altered execution of conscious intentions, 5. unconscious deliberations and decisions. To what extent do these phenomena C1. require a change in the concept of action, C2. curtail intentionality or agency, C3. responsibility and C4. freedom? The result is: The curtailments prove to be far less dramatic than they initially appear; they require more watchfulness but no conceptual change. (shrink)

This article develops an argument in defense of the claim that Aquinas holds that there are some kinds of activities which can be performed only by persons. In particular, it is argued that Aquinas holds that only persons can engage in the activities proper to a rational nature, e.g., the activities of intellect and will. Next, the article turns to discuss two implications of this thesis concerning Aquinas’s concept of a person. First, the thesis can be used to resolve a (...) prominent scholarly debate concerning Aquinas’s views on the possibility of human persons surviving their bodily deaths. Second, it also points to a problem with a leading interpretation of Aquinas’ account of the Christian doctrine of the Incarnation. Finally, the article concludes by discussing how a correct interpretation of Aquinas’s views on these matters is related to a broader scholarly debate concerning the history of the Western concept of a person. (shrink)

Many have claimed that legitimate constitutional democracy is either conceptually or practically impossible, given infinite regress paradoxes deriving from the requirement of simultaneously democratic and constitutional origins for legitimate government. This paper first critically investigates prominent conceptual and practical bootstrapping objections advanced by Barnett and Michelman. It then argues that the real conceptual root of such bootstrapping objections is not any specific substantive account of legitimacy makers, such as consent or democratic endorsement, but a particular conception of the logic of (...) normative standards—the determinate threshold conception—that the critic attributes to the putatively undermined account of legitimacy. The paper further claims that when we abandon threshold conceptions of the logic of legitimacy in favor of regulative-ideal conceptions, then the objections, from bootstrapping paradoxes to the very idea of constitutional democracy, disappear. It concludes with considerations in favor of adopting a more demanding conception of the regulative ideal of constitutional democracy, advanced by Habermas, focusing on potentials for developmental learning. (shrink)

A person possesses value from various components of wellbeing, but they also have overall wellbeing from various instances of value taken together. Most ethicists assume that there is an objectively unique way that wellbeing from components aggregates into overall wellbeing. However, I argue that aggregation is subjective and varies depending on what sort of aggregation a person values. I end with some implications for the significance of death.

Are we witnessing progress or regress in the recent increasing popularity and electoral success of populist politicians and parties in consolidated democratic nations? ... Is the innovative use of popular referendum in Great Britain to settle fundamental constitutional questions a progressive or regressive innovation? ... Similarly, is the increasing use of constituent assemblies to change constitutions across the world evidence of progress in democratic constitutionalism, or, a worryingly regressive change back toward unmediated popular majoritarianism? ... This paper reflects on some (...) of the perils and promise of framing such questions with the conceptual couplet of progress and regress. It considers four compelling critiques of the use of ‘progress’ and its cognates in sociopolitical theory, as well as arguing that such concepts are nevertheless ineliminable for our normative theories. The paper concludes by suggesting that we can avoid the most serious problems by employing only conceptions of political progress and regress that are piecemeal, pragmatic, and processual. (shrink)

Contemporary recognition theory has developed powerful tools for understanding a variety of social problems through the lens of misrecognition. It has, however, paid somewhat less attention to how to conceive of appropriate responses to misrecognition, usually making the tacit assumption that the proper societal response is adequate or proper affirmative recognition. In this paper I argue that, although affirmative recognition is one potential response to misrecognition, it is not the only such response. In particular, I would like to make the (...) case for derecognition in some cases: derecognition, in particular, through the systematic deinstitutionalization or uncoupling of various reinforcing components of social institutions, components whose tight combination in one social institution has led to the misrecognition in the first place. I make the case through the example of recent United States debates over marriage, especially but not only with respect to gay marriage. I argue that the proper response to the misrecognition of sexual minorities embodied in exclusively heterosexual marriage codes is not affirmative recognition of lesbian and gay marriages, but rather the systematic derecognition of legal marriage as currently understood. I also argue that the systematic misrecognition of women that occurs under the contemporary institution of marriage would likewise best be addressed through legal uncoupling of heterogeneous social components embodied in the contemporary social institution of marriage. (shrink)