Among the most popular strategies for justifying political obligations are those that appeal to the principle of fairness. These theories face the challenge, canonically articulated by Robert Nozick, of explaining how it is that persons are obligated to schemes when they receive goods that they do not ask for but cannot reject. John Simmons offers one defense of the principle of fairness, arguing that people could be bound by obligations of fairness if they voluntarily accept goods produced by a (...) cooperative scheme. Simmons, however, thinks that such a theory will do little work in justifying political obligations, since virtually no one voluntarily accepts state goods. This paper attempts to advance just such a theory by arguing that states are in fact genuine cooperative schemes and that Simmons is overly pessimistic in his appraisal of whether the majority of citizens accept the goods provided by their states. (shrink)

The two justificatory roles of the social contract are establishing whether or not a state is legitimate simpliciter and establishing whether any particular individual is politically obligated to obey the dictates of its governing institutions. Rawls's theory is obviously designed to address the first role but less obviously the other. Rawls does offer a duty-based theory of political obligation that has been criticized by neo-Lockean A. John Simmons. I assess Simmons's criticisms and the possible responses that could be (...) made to them, including those offered by Samuel Freeman. I conclude they rest on a Rawlsian equivocation and ultimately fail. (shrink)

Rawls's theory of political obligation attempts to avoid the obvious flaws of a Lockean consent model. Rawls rejects a requirement of consent for two reasons: First, the consent requirement of Locke’s theory was intended to ensure that the liberty and equality of the contractors was respected, but this end is better achieved by the principles chosen in the original position, which order the basic structure of a society into which citizens are born. Second, "basing our political ties upon a principle (...) of obligation would complicate the assurance problem." Instead, Rawls offers a duty-based account, whereby we are duty-bound to support and comply with just institutions that apply to us. A. John Simmons argues that Rawls cannot meet the particularity requirement of establishing political obligation to only one state. I assess the response that this requirement can be met by the political constructivist element of Rawls's theory. I conclude that there are fatal flaws in this response. (shrink)

Over the years a few authors have argued that Rawls’s ideal theory of justice is useless for the real world. This criticism has been largely ignored by Rawlsians, but in the light of a recent accumulation of such criticisms, some authors (in particular Holly Lawford-Smith, A. John Simmons, Zofia Stemplowska and Laura Valentini) have tried to defend ideal theory. In this article I will recapitulate the precise problem with Rawls’s ideal theory, argue that some of Rawls’s defenders misconceive it, (...) and show that recent attempts to rescue Rawls’s ideal theory from the charge of being useless fail. While there are useful kinds of ideal theory, Rawls’s is not one of them. In addition, Rawls’s very tentative suggestions for some kind of bridge between ideal and non-ideal theory are contradictory insofar as they implicitly presuppose the non-existence of the problem they are meant to solve. Thus, Rawls’s “non-ideal theory” too, is useless, and not so much a theory at all but a set of ad hoc stipulations. Finally, I will show that certain attempts within the global justice debate to use some variation of the original position to directly derive guidelines for the real world are misguided and yield no useful results. (shrink)

What Bar-On and Simmons call 'Conceptual Deflationism' is the thesis that truth is a 'thin' concept in the sense that it is not suited to play any explanatory role in our scientific theorizing. One obvious place it might play such a role is in semantics, so disquotationalists have been widely concerned to argued that 'compositional principles', such as -/- (C) A conjunction is true iff its conjuncts are true -/- are ultimately quite trivial and, more generally, that semantic theorists (...) have misconceived the relation between truth, meaning, and logic. This paper argues, to the contrary, that even such simple compositional principles as (C) have substantial content that cannot be captured by deflationist 'proofs' of them. The key thought is that (C) is supposed, among other things, to affirm the truth-functionality of conjunction and that disquotationalists cannot, ultimately, make sense of truth-functionality. -/- This paper is something of a companion to "The Logical Strength of Compositional Principles". (shrink)

According to Schopenhauer’s compensation argument for pessimism, the non-existence of the world is preferable to its existence because no goods can ever compensate for the mere existence of evil. Standard interpretations take this argument to be based on Schopenhauer’s thesis that all goods are merely the negation of evils, from which they assume it follows that the apparent goods in life are in fact empty and without value. This article develops a non-standard variant of the standard interpretation, which accepts the (...) relevance of the negativity thesis but rejects that the argument assumes that life’s goods are all empty and valueless. Instead, it argues that whatever value negative goods might possess, they do not have the kind of value to compensate for positive evils. This involves additional development of the negativity thesis and a defence of it against objections from Byron Simmons (2021). (shrink)

Malebranche holds that visual experience represents the size of objects relative to the perceiver's body and does not represent objects as having intrinsic or nonrelational spatial magnitudes. I argue that Malebranche's case for this body-relative thesis is more sophisticated than other commentators—most notably, Atherton and Simmons —have presented it. Malebranche's central argument relies on the possibility of perceptual variation with respect to size. He uses two thought experiments to show that perceivers of different sizes—namely, miniature people, giants, and typical (...) human beings—can experience the very same objects as having radically different sizes. Malebranche argues that there is no principled reason to privilege one of these ways of experiencing size over the others and, more specifically, that all three kinds of perceivers experience size veridically. From the possibility of this kind of veridical perceptual variation, Malebranche infers that visual experience represents only body-relative size. (shrink)

The American rock band KISS is notorious. Its notoriety derives not only from the band’s otherworldly costumes (except for of course during the unmasked period), the fact that they were inducted into the Rock and Roll Hall of Fame, their numerous hit records or the amazing stage theatrics and pyrotechnics of their live shows. It’s also related to the band’s constantly changing makeup (and I don’t mean the kind on their faces!). Of the four members, only Paul Stanley and Gene (...) Simmons were fixtures. With so many changes to the band’s composition, has KISS always remained the same band? Some see this head-scratcher as roughly similar to a conundrum in philosophical metaphysics (that’s the area of philosophy addressing problems of existence): the puzzle of Theseus’s ship. (shrink)

Contemporary debates on obedience and consent, such as those between Thomas Senor and A. John Simmons, suggest that either political obligation must exist as a concept or there must be natural duty of justice accessible to us through reason. Without one or the other, de facto political institutions would lack the requisite moral framework to engage in legitimate coercion. This essay suggests that both are unnecessary in order to provide a conceptual framework in which obedience to coercive political institutions (...) can be understood. By providing a novel reading of Hobbes’s Leviathan, this article argues that both political obligation and a natural duty to justice are unnecessary to ground the ability of political institutions to engage in legitimate coercion. This essay takes issue with common readings of Hobbes which assume consent is necessary to generate obedience on the part of citizens, and furthermore that political obligation is critical for the success of political institutions. While the failure of the traditional Hobbesian narrative of a consenting individual would seem to suggest the Leviathan is indefensible as a project, this paper argues that the right of war in the state of nature was more central for Hob- bes’s understanding of political institutions than obligation. Furthermore, Hobbes provides an adequate defense of political institutions even if his arguments about consent, obligation and punishment are only rhetorical. In this way Hobbesian law is best understood as a set of practical requirements to avoid war, and not as moral requirements that individuals are bound to comply with. Thus Hobbesian political institutions are not vulnerable to contemporary philosophical anarchist criticisms about political obligation and political institutions as such. To develop this reading, I focus primarily on the Leviathan, including interpretations by Skinner, Kateb, Flathman, and Oakeshott. Ultimately, this argument provides insight into contem- porary political institutions of the state, citizenship, criminality, and the law in a world where political obligation has not been adequately justified. (shrink)

The ontological analysis of concrete particulars deals with the relationship between concrete object and their attributes. Both Peter Simons' Nuclear Theory and Aristotelian Substance Theory may present an acceptable explanation for the following three problems: Identity of Indiscernible, Excessive Necessitism and Change. In spite of the superiority of these two theories over the other theories, each has problems need to be addressed. Aristotelian theory does not seem to be very successful in showing that the spices (kinds) are unchangeable or at (...) least does not explain it. Simmons's theory also returns to Aristotelian theory. While outlining the challenges to any theory, the final suggestion of the paper is that with inspiration of Simmons' theory and introducing a relation between the generalities (universal Whatness), create a modification in Aristotelian theory to overcome the challenge of the irreductive challenge of Species (kinds) Simons' theory, in some sense, collapses back to Aristotelian Theory. (shrink)

In this article, I use science-fiction scenarios drawn from Dan Simmons’ “Hyperion Cantos” (Hyperion, The Fall of Hyperion, Endymion, The Rise of Endymion) to explore a cluster of issues related to the evolutionary history and neural bases of human moral cognition, and the moral desirability of improving our ability to make moral decisions by techniques of neuroengineering. I begin by sketching a picture of what recent research can teach us about the character of human moral psychology, with a particular (...) emphasis on highlighting the importance of our evolutionary background as social mammals. I then consider how the moral psychology of intelligent machines might differ from our own, and argue that the differences would depend on the extent to which their evolutionary background resembled our own. I offer two very different case studies—the “Technocore AIs” that have evolved from early, parasitic computer programs, and the mysterious “Shrike,” who travels backward through time. I close by looking at the character of Aenea, a messianic figure that is a joint descendant of humans and machines. I argue that while the sort of “moral enhancement” she represents is far beyond the scope of either contemporary neuroscience or artificial intelligence research, it nevertheless represents a worthwhile goal. (shrink)

A private property account is central to a liberal theory of justice. Much of the appeal of the Lockean theory stems from its account of the so-called `enough-and-as-good' proviso, a principle which aims to specify each employable person's fair share of the earth's material resources. I argue that to date Lockeans have failed to show how the proviso can be applied without thereby undermining a guiding intuition in Lockean theory. This guiding intuition is that by interacting in accordance with the (...) proviso persons interact as free and equal, or as reciprocally subject to the `laws of nature' rather than as subject to one another's arbitrary will. Because Locke's own and contemporary Lockean conceptions of the proviso subject some persons to some other persons' arbitrary will, the proviso so conceived cannot function as it should, namely as a principle that restricts interacting persons' actions reciprocally and thereby enables Lockean freedom under law. (shrink)

Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

The principle of fair play is widely thought to require simply that costs and benefits be distributed fairly. This gloss on the principle, while not entirely inaccurate, has invited a host of popular objections based on misunderstandings about fair play. Central to many of these objections is a failure to treat the principle of fair play as a transactional principle—one that allocates special obligations and rights among persons as a result of their interactions. I offer an interpretation of the principle (...) of fair play that emphasizes its similarities to another transactional principle: consent. This interpretation reveals that playing fair requires one to reciprocate specifically by following the rules of the cooperative scheme from which one benefits, just as consent requires one to act according to the terms of an agreement. I then draw on the comparison with consent to reply to some popular and persistent objections to the principle. (shrink)

In a recent article, Arthur Applbaum contributes a new view—legitimacy as a moral power—to the debate over the concept of political legitimacy. Applbaum rejects competing views of legitimacy, in particular legitimacy as a claim-right to have the law obeyed, for mistakenly invoking substantive moral argument in the conceptual analysis, and concludes that “at the core of the concept—what legitimacy is” is only a Hohfeldian moral power. In this article, I contend that: (1) Applbaum’s view of legitimacy, when fully unfolded, refers (...) to more than a mere moral power and should therefore be rejected even by his own standards; (2) Applbaum’s rejection of competing views of legitimacy ultimately relies on a claim that he does not successfully defend, namely, the claim that moral duties are of absolute rather than prima facie force. (shrink)

Some political philosophers have judged that it is absurd to think that there can be unintentional consent. In this paper, I present an example of unintentional consent, which I refer to as the adapted boardroom example. I consider reasons for denying that this is an example of unintentional consent, but find that these reasons are unconvincing.

Very little attention has been paid towards examining John Rawls’s liberal principle of legitimacy as a self-standing theory. Nevertheless, it offers a highly original way of thinking about state legitimacy. In this paper, I will offer a sketch of what such an account might look like. At its heart is the idea that the legitimacy of the state resides not in the consent of the governed, nor in the state’s conformity with the appropriate principles of justice, but rather in citizens’ (...) endorsement of the state and its underlying constitutional principles on the basis of their own comprehensive conceptions of justice. Such an account offers a stable middle ground between popular alternatives, and has a way of not just solving, but dissolving, the problem of legitimacy. (shrink)

While cosmopolitans are right to think that state sovereignty is derived from individuals, many cosmopolitan accounts can be too demanding in their expectations for illiberal regimes because they do not account for the attitudes of the persons with who will subject to the intervention. These ‘objectivist’ accounts suggest that sovereignty is wholly a matter of a state’s conformity to the objective demands of justice. In contrast, for ‘subjectivist’ accounts, the attitudes of citizens do matter. Subjectivist cosmopolitans do not deny the (...) objective demands of liberal justice, but argue that state sovereignty is at least partly a matter of the subjective attitude of citizens toward their state. This paper will highlight the reasons why such coercive impositions are troubling, and diagnose why objectivist theories characteristically fail to recognize them. It seeks to articulate a moderate kind of subjectivist cosmopolitanism that balances a liberal concern for rights with a worry about the imposition of political institutions or practices on a people that does not accept them. (shrink)