One of HLA Hart's main contributions to jurisprudence is his theory of social rules. Hart said, essentially, that a social rule exists if the members of a society act in some way and have a certain attitude. Most legal philosophers think that Hart's account of this attitude is too general, however, and that his theory is overinclusive as a result. In this article, I draw on recent work in the philosophy of action to propose a more precise account of the (...) relevant attitude, and a revised version of Hart's theory. I claim that a social rule exists if the members of a society act in some way and ‘accept’ they ought to act this way, independent of their beliefs about the matter. One of the implications of this idea is that the attitude that underlies a social rule is closely analogous to a presumption or fiction about what ought to be done. -/- . (shrink)

A pardon is an act of mercy according to the law, but is a pardon mercy in an ordinary or genuine sense? What distinguishes a pardon from a lenient judicial sentence, which is not mercy by the law’s lights? These are questions about what mercy as it is understood in law has to do with mercy as it is understood outside of law, and about who in government acts mercifully and when, if indeed anyone in government ever does. Here I (...) propose a general analysis of mercy, then bring that analysis to bear on government action. Three features of my analysis are noteworthy. First, almost all existing analyses say that mercy is unconstrained in a normative sense, but I argue that mercy is unconstrained in the way that arbitrary power is unconstrained. Second, although it’s often assumed that mercy must be motivated by compassion, I show that mercy only requires acting with the intention to benefit the recipient. Third, my analysis says that mercy requires the giver of mercy to overcome a motivation to treat the recipient harshly. Given this analysis, few government acts are merciful, but pardon is an institutional approximation or analog of mercy. -/- . (shrink)

Legal discourse consists largely of legal claims. These are claims that there is a legal obligation, legal right, or other legal incident. What is the meaning of “legal obligation”, “legal right” and so on in legal claims? The standard view among philosophers of law is that “legal” indicates that, according to law, there is a moral obligation, moral right or other moral incident. Here I set out a new objection to the standard view. The objection is that the standard view (...) is unable to account for the use of legal claims in some common forms of logically complex arguments. (shrink)

Pardon powers are common but difficult to justify. A pardon power is, roughly, a power that is (a) possessed by a non-judicial official, (b) used to cancel legal liability to a criminal sanction in a particular case without thereby altering the law, and (c) unconstrained by law. So defined, pardon powers seem to be at odds with two constitutional principles. Contrary to the separation of powers, the pardon power gives to someone other than a judge a decisive role in determining (...) criminal liability in particular cases. Contrary to the rule of law, the pardon power is neither constrained nor ruled by law. -/- Here I provide a novel defence of pardon powers, in three steps. First, even an optimal legal code requires suboptimal results in some cases. In such cases there is a “gap” between what is required by the code we should have and what we should do absent that code. Adhering to the code in every gap case is undesirable: while it would avoid suboptimal results, it would create too much unpredictability. Deviating from the code in every gap case is also undesirable: while it would ensure predictability, it would produce too many suboptimal results. The best strategy is to adhere in some cases and to deviate in others, that is, to selectively deviate. The most important thing about selective deviation is that it leads to like cases being treated differently. This is the second step in the argument. Third, pardon powers are an appropriate vehicle for selective deviation. Selective deviation calls for a power that can be used to set aside the code without changing it. It calls for a power that can be used inconsistently. Moreover, it calls for a power that is not in the hands of a body institutionally disposed towards consistency in decision-making, such as the judiciary. That is, it requires a power with features (a)-(c) – a pardon power. -/- This argument overcomes the various objections to pardon powers. Contrary to the objection from the separation of powers, selective deviation is a task better carried out by non-judicial officials. Contrary to the objection from the rule of law, a power of selective deviation must be unconstrained to preserve the law’s guiding function. Overall, the features of pardon powers that seemed to be in tension with the separation of powers and the rule of law turn out to be favoured by those same principles. (shrink)

The norms of a legal system are relevant in deciding on people's rights and duties within that system. Some norms that are not part of a legal system are also relevant within it: norms of foreign legal systems, games, clubs, contracts, grammar, and so on. What distinguishes the norms of a legal system from the norms merely relevant within it? Where, in other words, are law's boundaries? There are three existing answers in the literature, from Kramer, Shapiro, and Raz. None (...) succeed. A better answer starts with a distinction between two types of legal relevance: direct and indirect. Norms of a legal system are directly relevant within it. Norms that are not part of a legal system are at most indirectly relevant within it. Thus, the two types of norms are distinguished by the directness of their relevance. (shrink)

P-zombies are creatures that are physically (functionally, behaviorally) like you and I and yet lack phenomenal consciousness. If such creatures are possible, it’s (typically) taken to show property dualism is true: phenomenal consciousness isn’t reducible to—nor does it supervene on—physical states. If inverted qualia are possible, it’s possible that you and I have identical physical states and yet you see tomatoes as green and I see tomatoes as red. If this is the case, then (again) property dualism is (typically) taken (...) to be true. In this article, I’ll show that p-zombies and inverted qualia—if they are actually possible—prove more than previously thought: if one thinks p-zombies or inverted qualia are possible, then she should endorse one of the four following theses: (i) substance dualism, (ii) we have even more reason to reject p-zombies and inverted qualia since they entail an even more radical conclusion than previously thought (i.e. substance dualism), (iii) eliminativism about selves, or (iv) friends of p-zombies and inverted qualia have homework: they need to show a relevant, plausible disanalogy between arguments for p-zombies and inverted qualia as traditionally stated and my parallel arguments that entail substance dualism. My purpose here isn’t to defend any of these particular options. Instead, my purpose is to highlight that these are the four options available to take. (shrink)

In this paper I argue that both defence and criticism of the claim that humans act ‘under the guise of the good’ neglects the metaphysical roots of the theory. I begin with an overview of the theory and its modern commentators, with critics noting the apparent possibility of acting against the good, and supporters claiming that such actions are instances of error. These debates reduce the ‘guise of the good’ to a claim about intention and moral action, and in so (...) doing have become divorced from the theory's roots in classical and medieval philosophy. Aristotle and Aquinas’ ‘guise of the good’ is primarily a metaphysical claim resting on the equivalence between actuality and goodness, from which conclusions about moral action are derived. I show the reasoning behind their theory and how it forms the basis for the claims about intention and action at the centre of the modern debate. Finally, I argue that the absence of its original foundation is apparent in recent attacks on the ‘guise of the good’. It is unsurprising that modern action theory and ethics have not always been able to comfortably accommodate the ‘guise of the good’; they are only telling half of the story. (shrink)

Much of the discussion surrounding the ethics of abortion has centered around the notion of personhood. This is because many philosophers hold that the morality of abortion is contingent on whether the fetus is a person - though, of course, some famous philosophers have rejected this thesis (e.g. Judith Thomson and Don Marquis). In this article, I construct a novel argument for the immorality of abortion based on the notion of impairment. This argument does not assume that the fetus is (...) a person - indeed, I concede (for the sake of argument) that the fetus is not a person - and hence the morality of abortion is not contingent on whether the fetus is a person. I finish by answering a plethora of objections to my argument, concluding that none of them are successful. (shrink)

In cases in which we must choose between either (i) preventing a woman from remaining unwillingly pregnant or (ii) preventing a fetus from being killed, we should prevent the fetus from being killed. But this suggests that in typical cases abortion is wrong: typical abortions involve preventing a woman from remaining unwillingly pregnant over preventing a fetus from being killed. And so abortion is typically wrong—and this holds whether or not fetuses are persons.

It is often assumed that if the fetus is a person, then abortion should be illegal. Thomson1 laid the groundwork to challenge this assumption, and Boonin2 has recently argued that it is false: he argues that abortion should be legal even if the fetus is a person. In this article, I explain both Thomson’s and Boonin’s reason for thinking that abortion should be legal even if the fetus is a person. After this, I show that Thomson’s and Boonin’s argument for (...) legalised abortion fail; they have not given us good reason for thinking abortion should be legal.1 Finally, I argue that—if we play Boonin’s game—abortion should be illegal. When discussing the ethics and politics of abortion, whether the fetus is a person is usually central.3 4.2 However, Thomson1 long ago challenged this view. She argued that abortion is permissible even if the fetus is a person. To do so, she asks us to consider a case in which you are non-consensually taken to a hospital and hooked up to a famous violinist. The violinist, if he is to survive, needs to filter his blood through your body. After 9 months, he will be fine and you can unplug yourself and go on your way. If you unplug yourself prior to this, however, he will die. Is it permissible to unplug yourself? Thomson thinks the answer is ‘yes’. And this, she thinks, shows that abortion is permissible even if the fetus is a person. While the majority of her article focuses on the ethics of abortion, it is clear that she also aims to show that abortion should be legal if the fetus is a person; she would no doubt reject the view that the state is right to coerce you into …. (shrink)

W. Matthews Grant's "Dual Sources Account" aims at explaining how God causes all creaturely actions while leaving them free in a robust libertarian sense. It includes an account of predestination that is supposed to allow for the possibility that some created persons ultimately spend eternity in hell. I argue here that the resources Grant provides for understanding why God might permit created persons to end up in hell are, for two different reasons, insufficient. I then provide possible solutions to these (...) two problems, compatible with Grant's account overall, that help show why God might allow hell. (shrink)

Critics of skeptical theism often claim that if it (skeptical theism) is true, then we are in the dark about whether (or for all we know) there is a morally justifying for God to radically deceive us. From here, it is argued that radical skepticism follows: if we are truly in the dark about whether there is a morally justifying reason for God to radically deceive us, then we cannot know anything. In this article, I show that skeptical theism does (...) not entail that we are in the dark about whether (or for all we know) there is a morally justifying reason for God to deceive us. And hence arguments against skeptical theism that make use of this assumption fail. (shrink)

The “Embryo Rescue Case” (ERC) refers to a thought experiment that is used to argue against the view that embryos have a right to life (i.e. are persons). I will argue that cognitive science undermines the intuition elicited by the ERC; I will show that whether or not embryos have a right to life, our mental tools will make it very difficult to believe that embryos have said right. This suggests that the intuition elicited by the ERC is not truth (...) indicative. The upshot of this is that we have an undercutting defeater for our intuition that embryos do not have a right to life. (shrink)

The Implementation Problem for conceptual engineering is, roughly, the problem conceptual engineers face when attempting to bring about the conceptual change they support. An important aspect of this problem concerns the extent to which attempting to implement concepts can lead to unintended negative consequences. Not only can conceptual engineers fail to implement their proposals, but their interventions can produce outcomes directly counter to their goals. It is therefore important to think carefully about the prospect of attempted implementation leading to unintended (...) negative consequences: what sort of negative consequences can conceptual engineers expect? Are some forms of conceptual engineering more likely than others to lead to such consequences? And is conceptual engineering still viable even given the risk of such consequences? This paper addresses such questions. I begin by outlining different forms of conceptual engineering (Section 1), before examining how they can produce unintended negative consequences (Section 2). I then discuss some implications of the fact that attempted implementation can produce unintended negative consequences, suggesting that, among other things, some forms of conceptual engineering are less viable than others (Section 3). I conclude, though, by considering some of the ways in which conceptual engineering is nonetheless a worthwhile pursuit (Section 4). (shrink)

In my article "Even if the fetus is not a person, abortion is immoral: The impairment argument" (this journal), I defended what I called “The impairment argument” which purports to show that abortion is immoral. Bruce Blackshaw (2019) has argued that my argument fails on three accounts. In this article, I respond to his criticisms.

Abortion restrictions are particularly good for black women—at least in the United States. This claim will likely strike many as outlandish. And numerous commentaries on abortion restrictions have suggested otherwise: many authors have lamented the effects of abortion restrictions on women, and black women in particular—these restrictions are bad for them, these authors say. However, abortion restrictions are clearly good for black women. This is because if someone is prevented from performing a morally wrong action, it’s good for her. For (...) example, it’s good for Sarah if she’s prevented from driving home drunk. However, since abortion is morally wrong, it follows that it’s good for women when they are prevented from getting an abortion. And since black women get abortions at disproportionately high rates, abortion restrictions are good in particular for black women. Indeed, this is an example of a positive effect of intersectionality. (shrink)

This article is a response to Stephen Law's article ‘The evil-god challenge’. In his article, Law argues that if belief in evil-god is unreasonable, then belief in good-god is unreasonable; that the antecedent is true; and hence so is the consequent. In this article, I show that Law's affirmation of the antecedent is predicated on the problem of good (i.e. the problem of whether an all-evil, all-powerful, and all-knowing God would allow there to be as much good in the world (...) as there is), and argue that the problem of good fails. Thus, the antecedent is unmotivated, which renders the consequent unmotivated. Law's challenge for good-god theists is to show that good-god theism is not rendered unreasonable by the problem of evil in the same way that evil-god theism is rendered unreasonable by the problem of good. Insofar as the problem of good does not render belief in evil-god unreasonable, Law's challenge has been answered: since it is not unreasonable to believe in evil-god (at least for the reasons that Law gives) it is not unreasonable to believe in good-god. Finally, I show that – my criticism aside – the evil-god challenge turns out to be more complicated and controversial than it initially appears, for it relies on the (previously unacknowledged) contentious assumption that sceptical theism is false. (shrink)

I provide an updated version of The Impairment Argument against abortion and respond to numerous objections that can be (and have been) raised to it.

Skeptical theism is a popular response to arguments from evil. Many hold that it undermines a key inference often used by such arguments. However, the case for skeptical theism is often kept at an intuitive level: no one has offered an explicit argument for the truth of skeptical theism. In this article, I aim to remedy this situation: I construct an explicit, rigorous argument for the truth of skeptical theism.

Coercion is morally objectionable: it’s bad to be coerced and it’s wrong to coerce people. But why is coercion objectionable? In this paper, I advance an egalitarian account of what’s objectionable about coercion. The account is rooted in the idea that certain relationships, like those of master to slave and lord to peasant, are relationships of subordination or domination. These relationships are morally objectionable. Moreover, such relationships are in part constituted by asymmetries of power. A master subordinates a slave because (...) the master has more power over the slave than vice versa. The account says that coercion is objectionable because it creates such asymmetries of power, and so creates relationships of subordination. I show how this account can address its most serious problems, and how it can illuminate what’s wrong with blackmail, exploitation, withholding aid, and compulsion. (shrink)

Arguments from evil purport to show that some fact about evil makes it (at least) probable that God does not exist. Skeptical theism is held to undermine many versions of the argument from evil: it is thought to undermine a crucial inference that such arguments often rely on. Skeptical objections to skeptical theism claim that it (skeptical theism) entails an excessive amount of skepticism, and therefore should be rejected. In this article, I show that skeptical objections to skeptical theism have (...) a very limited scope: only those who reject certain (apparently) popular epistemological theories will be threatened by them. (shrink)

Lougheed argues that a possible solution to the problem of divine hiddenness is that God hides in order to increase the axiological value of the world. In a world where God exists, the goods associated with theism necessarily obtain. But Lougheed also claims that in such a world it’s possible to experience the goods of atheism, even if they don’t actually obtain. This is what makes a world with a hidden God more valuable than a world where God is unhidden, (...) and also more valuable than an atheistic world with no God. We show that Lougheed never considers the comparison between a world where God hides and an atheistic world. We argue that it’s possible for a person to experience theistic goods in a world where God does not exist, a possibility Lougheed never considers. If this is right it undermines his axiological solution to divine hiddenness. We conclude by showing how our discussion of the axiology of theism connects to the existential question of whether God exists; that is, we show that the axiological question is dependent on the existential question. (shrink)

The pelvic exam is used to assess the health of female reproductive organs and so involves digital penetration by a physician. However, it is common practice for medical students to acquire experience in administering pelvic exams by performing them on unconscious patients without prior authorization. In this article, we argue that such unauthorized pelvic exams (UPEs) are sexual assault. Our argument is simple: in any other circumstance, unauthorized digital penetration amounts to sexual assault. Since there are no morally significant differences (...) between UPEs and other instances of digital penetration, UPEs are sexual assault. So, insofar as one is against sexual assault, one should be against UPEs. (shrink)

Joona Räsänen, in his article ‘Ectogenesis, abortion and a right to the death of the fetus’, has argued for the view that parents have a right to the death of the fetus. In this article, I will explicate the three arguments Räsänen defends, and show that two of them have false or unmotivated premises and hence fail, and that the support he offers for his third argument is inconsistent with other views he expresses in his article. Therefore, I conclude that (...) there is no right to the death of the fetus—or, if there is one, Räsänen has not shown it. (shrink)

In order to predict and explain behavior, one cannot specify the mental state of an agent merely by saying what information she possesses. Instead one must specify what information is available to an agent relative to various purposes. Specifying mental states in this way allows us to accommodate cases of imperfect recall, cognitive accomplishments involved in logical deduction, the mental states of confused or fragmented subjects, and the difference between propositional knowledge and know-how .

Trent Dougherty has argued that commonsense epistemology and skeptical theism are incompatible. In this paper, I explicate Dougherty’s argument, and show that (at least) one popular form of skeptical theism is compatible with commonsense epistemology.

De facto objections to theism purport to show that theism is false, whereas de jure objections to theism claim that, whether or not theism is true, belief in God is irrational. Divine hiddenness – the fact that there are people who non-resistantly lack belief in God – is sometimes used as an argument against theism. In this article I will show that accepting the argument from divine hiddenness carries a high cost: it eliminates all de jure objections to theism. So (...) atheists can either have de jure objections to theism or the objection from divine hiddenness, but they cannot have both. (shrink)

In this paper, I consider Sterba’s recent criticism of skeptical theism in context of his argument from evil. I show that Sterba’s criticism of skeptical theism shares an undesirable trait with all past criticisms of skeptical theism: it fails. This is largely due to his focus on causal connections and his neglect of logical connections. Because of this, his argument remains vulnerable to skeptical theism.

Skeptical theism is a popular response to arguments from evil. Recently, Matthew A. Benton, John Hawthorne, and Yoaav Isaacs have argued that the theses that ground skeptical theism are either false or limited in scope. In this article, I show that their objections rest on dubious assumptions about the nature of skeptical theism. Along the way, I develop and clarify the ambiguous parts of skeptical theism. The upshot of this is that—once the nature of skeptical theism is made clearer—it is (...) far more difficult to resist. (shrink)

I assess Churchland's views on folk psychology and conceptual thinking, with particular emphasis on the connection between these topics.

Perry Hendricks’ impairment argument for the immorality of abortion is based on two premises: first, impairing a fetus with fetal alcohol syndrome is immoral, and second, if impairing an organism to some degree is immoral, then ceteris paribus, impairing it to a higher degree is also immoral. He calls this the impairment principle. Since abortion impairs a fetus to a higher degree than FAS, it follows from these two premises that abortion is immoral. Critics have focussed on the ceteris (...) paribus clause of TIP, which requires that the relevant details surrounding each impairment be sufficiently similar. In this article, we show that the ceteris paribus clause is superfluous, and by replacing it with a more restrictive condition, the impairment argument is considerably strengthened. There are no data in this work. (shrink)

The ethics of abortion considers whether abortion is immoral. Pro-choice philosophers think that it is not immoral, while pro-life philosophers think that it is. The axiology of abortion considers whether world would be better if the pro-choice or pro-life position is right. While much attention has been given to the ethics of abortion, there has been no attention given to the axiology of abortion. In this article, I seek to change that. I consider various arguments for thinking our world would (...) be better if the pro-choice position or the pro-life position is correct, ultimately concluding that it would be better if the pro-choice position is right. This is unfortunate, however, since there is no good reason to think the pro-choice position is correct. (shrink)

This paper is a response to Tyler Wunder’s ‘The modality of theism and probabilistic natural theology: a tension in Alvin Plantinga's philosophy’ (this journal). In his article, Wunder argues that if the proponent of the Evolutionary Argument Against Naturalism (EAAN) holds theism to be non-contingent and frames the argument in terms of objective probability, that the EAAN is either unsound or theism is necessarily false. I argue that a modest revision of the EAAN renders Wunder’s objection irrelevant, and that this (...) revision actually widens the scope of the argument. (shrink)

Exclusionary defeat is Joseph Raz’s proposal for understanding the more complex, layered structure of practical reasoning. Exclusionary reasons are widely appealed to in legal theory and consistently arise in many other areas of philosophy. They have also been subject to a variety of challenges. I propose a new account of exclusionary reasons based on their justificatory role, rejecting Raz’s motivational account and especially contrasting exclusion with undercutting defeat. I explain the appeal and coherence of exclusionary reasons by appeal to commonsense (...) value pluralism and the intermediate space of public policies, social roles, and organizations. We often want our choices to have a certain character or instantiate a certain value and in order to do so, that choice can only be based on a restricted set of reasons. Exclusion explains how pro tanto practical reasons can be disqualified from counting towards a choice of a particular kind without being outweighed or undercut. (shrink)

The subject’s perspective objection (SPO) is an objection against externalist theories of justification, warrant, and knowledge. In this article, I show that externalists can accommodate the SPO while remaining externalist. So, even if the SPO is successful, it does not motivate internalism, and the primary motivation for internalism has been lost. After this, I provide an explanation for why so many people find cases that motivate the SPO convincing.

Tim Maudlin has influentially argued that Humeanism about laws of nature stands in conflict with quantum mechanics. Specifically Humeanism implies the principle Separability: the complete physical state of a world is determined by the intrinsic physical state of each space-time point. Maudlin argues Separability is violated by the entangled states posited by QM. We argue that Maudlin only establishes that a stronger principle, which we call Strong Separability, is in tension with QM. Separability is not in tension with QM. Moreover, (...) while the Humean requires Separability to capture the core tenets of her view, there's no Humean-specific motivation for accepting Strong Separability. We go on to give a Humean account of entangled states which satisfies Separability. The core idea is that certain quantum states depend upon the Humean mosaic in much the same way as the laws do. In fact, we offer a variant of the Best System account on which the systemization procedure that generates the laws also serves to ground these states. We show how this account works by applying it to the example of Bohmian Mechanics. The 3N-dimensional configuration space, the world particle in it and the wave function on it are part of the best system of the Humean mosaic, which consists of N particles moving in 3-dimensional space. We argue that this account is superior to the Humean account of Bohmian Mechanics defended by Loewer and Albert, which takes the 3N-dimensional space, and its inhabitants, as fundamental. (shrink)

In this article, I argue that sceptical theists have too narrow a focus: they consider only God’s axiological reasons, ignoring any non-axiological reasons he may have. But this is a mistake: predicting how God will act requires knowing about his reasons in general, and this requires knowing about both God’s axiological and non-axiological reasons. In light of this, I construct and defend a kind of sceptical theism—Deontological Sceptical Theism—that encompasses all of God’s reasons, and briefly illustrate how it renders irrelevant (...) certain charges of excessive sceptical and how it evaporates equiprobability objections. Furthermore, I put forth a simple argument in favor of Deontological Sceptical Theism, which shows that everyone (at least currently) ought to endorse it. (shrink)

This paper presents four key results. Firstly, it distinguishes between _partial_ and _consistent_ assertion of a sentence, and introduces the concept of an _equivocal_ sentence, which is both partially asserted and partially denied. Secondly, it proposes a novel definition of truth, stating that _a true sentence is one that is consistently asserted_. This definition is immune from the Liar paradox, does not restrict classical logic, and can be applied to declarative sentences in the language used by any particular person. Thirdly, (...) the paper introduces an epistemic model of language, known as _assertional language_, which is used to formalize the definition of truth. Finally, it provides an argument for the falsity of so-called Liar sentences. The paper also discusses Tarski's solution to the Liar paradox and argues for the abandonment of the Tarski Scheme: _'p' is true if and only if p_, in the context of everyday language. The proposed definition of truth can be viewed as a formal account of the correspondence theory. The epistemic model is a powerful concept on its own that allows for combining different languages in a meaningful way. This model is uniquely capable of reflecting on epistemic inconsistencies, such as logical paradoxes, in a consistent manner. (shrink)

Demonstratives seem to have posed a severe difficulty for Frege’s philosophy of language, to which his doctrine of incommunicable senses was a reaction. In “The Thought,” Frege briefly discusses sentences containing such demonstratives as “today,” “here,” and “yesterday,” and then turns to certain questions that he says are raised by the occurrence of “I” in sentences (T, 24-26). He is led to say that, when one thinks about oneself, one grasps thoughts that others cannot grasp, that cannot be communicated. However, (...) nothing could be more out of the spirit of Frege’s account of sense and thought than an incommunicable, private thought. In the first part of the paper, I explain the problem demonstratives pose for Frege, and explore three ways he might have dealt with it. I argue that none of these ways provides Frege with a solution to his problem consistent with his philosophy of language. The first two are plausible as solutions, but contradict his identification of the sense expressed by a sentence with a thought. The third preserves the identification, but is implausible. In the second part, I suggest that Frege was led to his doctrine of incommunicable senses as a result of some appreciation of the difficulties his account of demonstratives faces, for these come quickly to the surface when we think about “I.” I argue that incommunicable senses won’t help. I end by trying to identify the central problem with Frege’s approach, and sketching an alternative. (shrink)

An ongoing challenge within all approaches to ethical decision making is reducing the degree of doubt about what action is right, good, or at least better in a given situation. The process of moral discernment within Christian thought is no exception; however, different Christian communities tend to understand moral doubt and moral certainty differently, to pursue different ways of allaying doubt, and to expect—and accept—different degrees of moral certainty. Drawing especially from Aristotelian virtue theory, selected teachings from the Eastern Orthodox (...) tradition on humility, and recent discussions of the ‘grace of self-doubt,’ I sketch an account of virtuous moral doubt as a mean between the extremes of excessive and deficient moral doubt. My hope is doing so will help to make space and provide the framework for an ecumenical understanding of doubt’s proper role in moral discernment. (shrink)

What makes democracy valuable? One traditional answer holds that participating in democratic self-government amounts to a kind of autonomy: it enables citizens to be the authors of their political affairs. Many contemporary philosophers, however, are skeptical. We are autonomous, they argue, when important features of our lives are up to us, but in a democracy we merely have a say in a process of collective choice. In this paper, we defend the possibility of democratic autonomy, by advancing a conception of (...) it which is impervious to this objection. At the core of our account is the idea of joint authorship. You are a joint author of something when that thing expresses your joint intentions. Democracy may not make any one of us sole author of our political affairs, but it can make us their joint authors. It is in such joint authorship, we claim, that the intrinsic value of democratic self-government consists. (shrink)

Support for the biological concept of race declined slowly but steadily during the second half of the twentieth century. However, debate about the validity of the race concept has recently been reignited. Genetic-clustering studies have shown that despite the small proportion of genetic variation separating continental populations, it is possible to assign some individuals to their continents of origin, based on genetic data alone. Race naturalists have interpreted these studies as empirically confirming the existence of human subspecies, and by extension (...) biological races. However, the new racial naturalism is not convincing. The continental clusters appealed to by race naturalists are arbitrary and superficial groupings, which should not be elevated to subspecies status. Moreover, the criteria applied to humans are not consistent with those used to define subspecies in nonhuman animals, and no rationale has been given for this differential treatment. (shrink)

This paper defends the concept of racialization against its critics. As the concept has become increasingly popular, questions about its meaning and value have been raised, and a backlash against its use has occurred. I argue that when “racialization” is properly understood, criticisms of the concept are unsuccessful. I defend a definition of racialization and identify its companion concept, “racialized group.” Racialization is often used as a synonym for “racial formation.” I argue that this is a mistake. Racial formation theory (...) is committed to racial ontology, but racialization is best understood as the process through which racialized – rather than racial – groups are formed. “Racialization” plays a unique role in the conceptual landscape, and it is a key concept for race eliminativists and anti-realists about race. (shrink)

Conceptual engineers endeavor to improve our concepts. But their endeavors face serious practical difficulties. One such difficulty – rational conceptual conflict - concerns the degree to which agents are incentivized to impede the efforts of conceptual engineers, especially in many of the contexts within which conceptual engineering is viewed as a worthwhile pursuit. Under such conditions, the already difficult task of conceptual engineering becomes even more difficult. Consequently, if they want to increase their chances of success, conceptual engineers should pay (...) closer attention to – and devise strategies to mitigate – rational conceptual conflict. After outlining the phenomenon at greater length and mapping its connections to other similar practical problems (Section 1), I explore the dynamics of such conflict by way of several detailed case studies (Section 2). In particular, I focus on cases driven by material, social, and moral incentives. I then consider some important methodological implications of rational conceptual conflict (Section 3). Among other things, I argue that conceptual engineers should focus more heavily on cultivating settings that modify the payoffs and penalties associated with conceptual conflict. By such indirect means, they can incentivize conceptual cooperation rather than conflict, thus making it easier to achieve success in conceptual engineering. Section 4 concludes. (shrink)

Politics abounds with bad language: lying and bullshitting, grandstanding and virtue signaling, code words and dogwhistles, and more. But why is there so much bad language in politics? And what, if anything, can we do about it? In this paper I show how these two questions are connected. Politics is full of bad language because existing social and political institutions are structured in such a way that the production of bad language becomes rational. In principle, by modifying these institutions we (...) can reduce the prevalence of bad language. However, as I show, such practical efforts are fraught with difficulties. After first outlining an account of bad language (Section 1), I examine the rationality of three different types of bad language: inaccurate language, insincere language, and unclear language (Section 2). Next, I discuss the possibility of implementing institutional reforms to improve the quality of political discourse (Section 3). However, I then outline and discuss two serious complications for institutional reforms—namely, they create risk of abuse, and they could preclude instances of seemingly bad language that, in fact, are socially beneficial (Section 4). I conclude with some thoughts about how to pursue institutional reform in an appropriately circumspect manner (Section 5). (shrink)

Many contemporary democratic theorists are democratic egalitarians. They think that the distinctive value of democracy lies in equality. Yet this position faces a serious problem. All contemporary democracies are representative democracies. Such democracies are highly unequal: representatives have much more power than do ordinary citizens. So, it seems that democratic egalitarians must condemn representative democracies. In this paper, I present a solution to this problem. My solution invokes popular control. If representatives are under popular control, then their extra power is (...) not objectionable. Unfortunately, so I argue, in the United States representatives are under loose popular control. (shrink)

Human rights have a rich life in the world around us. Political rhetoric pays tribute to them, or scorns them. Citizens and activists strive for them. The law enshrines them. And they live inside us too. For many of us, human rights form part of how we understand the world and what must (or must not) be done within it. -/- The ubiquity of human rights raises questions for the philosopher. If we want to understand these rights, where do we (...) look? As a set of moral norms, it is tempting to think they can be grasped strictly from the armchair, say, by appeal to moral intuition. But what, if anything, can that kind of inquiry tell us about the human rights of contemporary politics, law, and civil society — that is, human rights as we ordinarily know them? -/- This volume brings together a distinguished, interdisciplinary group of scholars to address philosophical questions raised by the many facets of human rights: moral, legal, political, and historical. Its original chapters, each accompanied by a critical commentary, explore topics including: the purpose and methods of a philosophical theory of human rights; the "Orthodox-Political" debate; the relevance of history to philosophy; the relationship between human rights morality and law; and the value of political critiques of human rights. (shrink)