For a variety of reasons, Hegel's theory of the estates remains an unexpected and unappreciated feature of his practical philosophy. In fact, it is the key element of his social philosophy, which grounds his more properly political philosophy. Most fundamentally, it plays this role because the estates provide the forms of visibility required by Hegel's distinctive theory of self-determination, and so the estates constitute conditions for the possibility of human agency as such. With respect to political agency in particular, this (...) ramifies into the view that the estates are social preconditions for legal and political practices, forms of political participation in their own right, and conditions of possibility of moderate government (three functions also attributed to the estates by Montesquieu). (shrink)

We attribute three major insights to Hegel: first, an understanding of the real numbers as the paradigmatic kind of number ; second, a recognition that a quantitative relation has three elements, which is embedded in his conception of measure; and third, a recognition of the phenomenon of divergence of measures such as in second-order or continuous phase transitions in which correlation length diverges. For ease of exposition, we will refer to these three insights as the R First Theory, Tripartite Relations, (...) and Divergence of Measures. Given the constraints of space, we emphasize the first and the third in this paper. (shrink)

Although existing work draws attention to a range of obstacles in realizing fair AI, the field lacks an account that emphasizes how these worries hang together in a systematic way. Furthermore, a review of the fair AI and philosophical literature demonstrates the unsuitability of ‘treat like cases alike’ and other intuitive notions as conceptions of fairness. That review then generates three desiderata for a replacement conception of fairness valuable to AI research: (1) It must provide a meta-theory for understanding tradeoffs, (...) entailing that it must be flexible enough to capture diverse species of objection to decisions. (2) It must not appeal to an impartial perspective (neutral data, objective data, or final arbiter.) (3) It must foreground the way in which judgments of fairness are sensitive to context, i.e., to historical and institutional states of affairs. We argue that a conception of fairness as appropriate concession in the historical iteration of institutional decisions meets these three desiderata. On the basis of this definition, we organize the insights of commentators into a process-structure map of the ethical territory that we hope will bring clarity to computer scientists and ethicists analyzing Fair AI while clearing some ground for further technical and philosophical work. (shrink)

Rather than approaching the question of the constructive or therapeutic character of Hegel’s Logic through a global consideration of its argument and its relation to the rest of Hegel’s system, I want to come at the question by considering a specific thread that runs through the argument of the Logic, namely the question of the proper understanding of power or control. What I want to try to show is that there is a close connection between therapeutic and constructive elements in (...) Hegel’s treatment of power. To do so I will make use of two deep criticisms of Hegel’s treatment from Michael Theunissen. First comes Theunissen’s claim that in Hegel’s logical scheme, reality is necessarily dominated by the concept rather than truly reciprocally related to it. Then I will consider Theunissen’s structurally analogous claim that for Hegel, the power of the concept is the management of the suppression of the other. Both of these claims are essentially claims about the way in which elements of the logic of reflection are modified and yet continue to play a role in the logic of the concept. (shrink)

In this paper, I consider the role of perspective in Hegel’s metaphysics, and in particular the role that multiple perspectives play within the ultimate structure in Hegel’s metaphysics, which Hegel calls ‘the idea [die Idee].’ My (somewhat anachronistic) way into this topic will be to inquire about Hegel’s stance on what Adrian Moore has called ‘absolute representations.’ I argue for the claim that perspective is maintained, even in the absolute idea, which generates the task of understanding the nature of that (...) perspective and its compatibility with absoluteness. I attempt to accomplish this task by asking what a logical perspective could be, and how it might be related to visual perspective. Then I inquire into the relation that perspectives have to each other, i.e., to the system of perspectives. I construe those relations in reciprocal and dynamic terms, so that absoluteness takes the form of a structured round of perspectives rather than a relation to reality “once and for all”. (shrink)

Our reception of Hegel’s theory of action faces a fundamental difficulty: on the one hand, that theory is quite clearly embedded in a social theory of modern life, but on the other hand most of the features of the society that gave that embedding its specific content have become almost inscrutably strange to us (e.g., the estates and the monarchy). Thus we find ourselves in the awkward position of stressing the theory’s sociality even as we scramble backwards to distance ourselves (...) from the particular social institutions that gave conceptualized form to such sociality in Hegel’s own opinion. My attempt in this article is to make our position less awkward by giving us at least one social-ontological leg to stand on. Specifically, I want to defend a principled and conceptual pluralism as forming the heart of Hegel’s theory of action. If this view can be made out, then we will have a social-ontological structure that might be filled out in different ways in Hegel’s time and our own while simultaneously giving real teeth to the notion that Hegel’s theory of action is essentially social. (shrink)

One of the reasons why there is no Hegelian school in contemporary ethics in the way that there are Kantian, Humean and Aristotelian schools is because Hegelians have been unable to clearly articulate the Hegelian alternative to those schools’ moral psychologies, i.e., to present a Hegelian model of the motivation to, perception of, and responsibility for moral action. Here it is argued that in its most basic terms Hegel's model can be understood as follows: the agent acts in a responsible (...) and thus paradigmatic sense when she identifies as reasons those motivations which are grounded in his or her talents and support actions that are likely to develop those talents in ways suggested by his or her interests. (shrink)

There are a number of questions, the answers to which define specific theoretical approaches to Hegel’s philosophy of action. To begin with, does Hegel attempt to give a theory of free will that responds to the naturalistic skepticism so prevalent in the history of modern philosophy? Though some scholars hold that he is interested in providing such a theory, perhaps the majority view is that Hegel instead socializes his conception of the will such that the traditional naturalistic worries are no (...) longer germane.1 A second question is: does Hegel have a theory of action as such that competes with those found in the history of modern philosophy and more particularly in the Anglophone literature from the mid-20th century onwards? Though perhaps the majority view is that Hegel does have such a theory of action, it is commonly held to be independent of any commitments to a conception of free will, and to take a form radically different from the other offerings in the literature in virtue of introducing and essentially retrospective rather than prospective relation between the agent and her action. (shrink)

A primary fault line in the analytic philosophy of action is the debate between causal/Davidsonian and interpretivist/Anscombian theories of action. The fundamental problem of the former is producing a criterion for distinguishing intentional from non-intentional causal chains; the fundamental problem of the latter is producing an account of the relation between reasons and actions that is represented by the ‘because’ in the claim that the agent acted because she had the reason. It is argued that Hegel’s conception of teleology can (...) be used to develop the interpretivist position by solving both its and the causal theory’s fundamental problems. (shrink)

Nach Reinhart Koselleck nennen Historiker die Periode der deutschen Geschichte zwischen 1770 und 1830 ‚die Sattelzeit‘. So wird diese Periode mit einem Bergsattel verglichen, der zwei Gipfel miteinander verbindet, die hier für die frühe Neuzeit und die Moderne stehen. Überall in Deutschland ist diese Periode von tiefgreifenden Reformen der Gesetze und der Verwaltung geprägt. Im Folgenden beschränke ich mich in meiner Darlegung auf Preußen, weil das Preußische Allgemeine Landrecht von 1794 wahrscheinlich das wichtigste Dokument war, durch das diese Reformen in (...) historischer Perspektive begriffen werden können. (shrink)

It is fair to say that Georg Wilhelm Friedrich Hegel's philosophy of mathematics and his interpretation of the calculus in particular have not been popular topics of conversation since the early part of the twentieth century. Changes in mathematics in the late nineteenth century, the new set-theoretical approach to understanding its foundations, and the rise of a sympathetic philosophical logic have all conspired to give prior philosophies of mathematics (including Hegel's) the untimely appearance of naïveté. The common view was expressed (...) by Bertrand Russell: -/- The great [mathematicians] of the seventeenth and eighteenth centuries were so much impressed by the results of their new methods that they did not trouble to examine their foundations. Although their arguments were fallacious, a special Providence saw to it that their conclusions were more or less true. Hegel fastened upon the obscurities in the foundations of mathematics, turned them into dialectical contradictions, and resolved them by nonsensical syntheses. . . .The resulting puzzles [of mathematics] were all cleared up during the nineteenth century, not by heroic philosophical doctrines such as that of Kant or that of Hegel, but by patient attention to detail (1956, 368–69). (shrink)

When it comes to social criticism of the economy, Critical Theory has thus far failed to discover specific immanent norms in that sphere of activity. In response, we propose that what is needed is to double down on the idealism of Critical Theory by taking seriously the sophisticated structure of agency developed in Hegel’s own account of freedom as self-determination. When we do so, we will see that the anti-metaphysical gestures of recent Critical Theory work in opposition to its attempts (...) to develop immanent critique. In this paper we first briefly reconsider Axel Honneth’s project as it concerns economic institutions and then respond by returning to the problem of freedom and articulating a view according to which the problem of individual self-determination and the problem of social production are the same problem seen from different angles. Then we present briefly Hegel’s own social theory from this perspective before moving on to trace the outlines of such a critical theory of contemporary capitalism. (shrink)

In this paper I discuss two related ideas and cross-reference them, as it were, on the common ground of the Spinozistic text. First, I want to construct a Spinozistic account of domestic violence and a Spinozistic response to such violence. This will involve attempting to explicate the phenomenon (or at least one aspect of it, to be defined) through the terms and conceptual structure of Spinoza's Ethics. Second, I want to discuss a feminist reading (interpretation) of Spinoza, that of Luce (...) Irigaray. The projects work together, as a better Spinozistic account requires a charitable reading of Spinoza to which Irigaray points the way. Irigaray will turn out to be more Spinozistic that Spinoza himself. In addition, the construction of a Spinozistic response to domestic violence will highlight the textual basis of Irigaray’s reading. It is hoped that this will contribute to making Irigaray’s reading accessible to philosophers trained in the analytic tradition. The undercurrent of both discussions will be an attempt to explicate and further what I take to be a shared moral insight in the late twentieth century, namely, that domestic violence, and particularly violence against women as wives and partners, is morally wrong. (shrink)

One of the most important elements of Hegel’s philosophical anthropology is his moral psychology. In particular, his understanding of the relation between motivations and reason plays a crucial intermediate role in connecting his anthropological meditations on the complete nature of the human being with his political theory of actualized freedom. Whereas recent important work on Hegel’s moral psychology has detected a Kantian distinction between natural desires and the rational perspective, the activity of practical reason actually takes place within motivations themselves (...) on Hegel’s view. The exercise of the free, rational will is best understood in terms of its role in shaping the experience of malleable, indeterminate motivations. Rather than stepping back, the free agent on Hegel’s account delves further into the motivation, acting on it in the dual sense of being guided by and transforming it. This is what it means for Hegel to conceive of agency as self-expression while maintaining the centrality of reason for Free Will. Hegel says that when we go further into the motivations in this way, we should stop speaking of motivation in terms of drives and instead begin speaking of character. (shrink)

This paper reconstructs Reid 's responses to regress arguments against the possibility of free will, highlighting the role played by long-term decisions in the explanation of paradigmatic free actions on Reid 's account. In addition to reconstructing Reid 's response to the two versions of the regress argument that he explicitly discusses, I also construct a Reidian response to Galen Strawson's contemporary version of the regress argument. The depth of Reid 's position is most apparent in the resources it provides (...) for responding to this sophisticated articulation of a traditional argument against freedom of the will. (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.

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)

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)

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)

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)

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)

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)

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)

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)