While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much as (...) possible, including the elements of law and morality that are operated by combatants in war. I suggest that, ethically speaking, deploying a legally competent robot in some legally regulated realm is not much different from deploying a more or less well-armed, vulnerable, obedient, or morally discerning soldier or general into battle, a police officer onto patrol, or a lawyer or judge into a trial. All feature automaticity in the sense of deputation to an agent we do not then directly control. Such relations are well understood and well-regulated in morality and law; so there is not much challenging philosophically in having robots be some of these agents — excepting the implications of the limits of robot technology at a given time for responsible deputation. I then consider this proposal in light of the differences between two conceptions of law. These are distinguished by whether each conception sees law as unambiguous rules inherently uncontroversial in each application; and I consider the prospects for robotizing law on each. Likewise for the prospects of robotizing moral theorizing and moral decision-making. Finally I identify certain elements of law and morality, noted by the philosopher Immanuel Kant, which robots can participate in only upon being able to set ends and emotionally invest in their attainment. One conclusion is that while affectless autonomous devices might be fit to rule us, they would not be fit to vote with us. For voting is a process for summing felt preferences, and affectless devices would have none to weigh into the sum. Since they don't care which outcomes obtain, they don't get to vote on which ones to bring about. (shrink)

I argue that Gauthier's constrained-maximizer rationality is problematic. But standard Maximizing Rationality means one's preferences are only rational if it would not maximize on them to adopt new ones. In the Prisoner's Dilemma, it maximizes to adopt conditionally cooperative preferences. (These are detailed, with a view to avoiding problems of circularity of definition.) Morality then maximizes. I distinguish the roles played in rational choices and their bases by preferences, dispositions, moral and rational principles, the aim of rational action, and rational (...) decision rules. I argue that Maximizing Rationality necessarily structures conclusive reasons for action. Thus conations of any sort can base rational choices only if the conations are structured like a coherent preference function; rational actions maximize on such functions. Maximization-constraining dispositions cannot integrate into a coherent preference function. (shrink)

Autonomous and automatic weapons would be fire and forget: you activate them, and they decide who, when and how to kill; or they kill at a later time a target you’ve selected earlier. Some argue that this sort of killing is always wrong. If killing is to be done, it should be done only under direct human control. (E.g., Mary Ellen O’Connell, Peter Asaro, Christof Heyns.) I argue that there are surprisingly many kinds of situation where this is false and (...) where the use of Automated Weapons Systems would in fact be morally required. These include cases where a) once one has activated a weapon expected then to behave lethally, it would be appropriate to let it continue because this is part of a plan whose goodness one was best positioned to evaluate before activating the weapon; b) one expects better long-term consequences from allowing it to continue; c) allowing it to continue would express a decision you made to be resolute, a decision that could not have advantaged you had it not been true that you would carry through with it; d) the weapon is mechanically not recallable, so that, to not allow it to carry through, you would have had to refrain from activating it in the first place, something you expected would have disastrous consequences; e) you must deputize necessary killings to autonomous machines in order to protect yourself from guilt you shouldn’t have to bear; f) it would be morally better for the burden of responsibility for the killing to be shared among several agents, and the agents deputizing killing to machines can do this, especially where it’s not predictable which machine will be successful; g) a killing would be morally better done with elements of randomness and lack of deliberation, and a (relatively stupid) machine could do this where a person could not; h) the machine would be acting as a Doomsday Device, so that it could not have had its hoped for deterrent effect had you not ensured that you would be unable to recall it if enemy action activated it; i) letting it carry through is a necessary part of its own learning process, and you expect that this learning will have salutary effects later on; j) human intervention in the machine’s operation would disastrously impair its precision, or its speed and efficiency; k) using non-automated methods would require human resources you just don’t have in a task that nevertheless must be done (e.g., using land-mines to protect remote installations); l) the weapon has such horrible and indiscriminate power that it is doubtful whether it could be actually used in ways compatible with International Humanitarian Law and the Laws of War, which require that weapons be used only in ways respecting distinctness, necessity and proportionality, but its threat of use could respect these principles in affording deterrence provided human error cannot lead to their accidental deployment, this requiring that they be controlled by carefully designed autonomous and automatic systems. I then consider objections based on conceptions of human dignity and find that very often dignity too is best served by autonomous machine killing. Examples include saving your village by activating a robot to kill invading enemies who would inflict great indignity on your village, using a suicide robot to save yourself from a less dignified death at enemy hands, using a robotic drone to kill someone otherwise not accessible in order to restore dignity to someone this person killed and to his family, and using a robot to kill someone who needs killing, but the killing of whom by a human executioner would soil the executioner’s dignity. I conclude that what matters in rightful killing isn’t necessarily that it be under the direct control of a human, but that it be under the control of morality; and that could sometimes require use of an autonomous or automated device. (This paper was formerly called "Fire and Forget: A Defense of the Use of Autonomous Weapons in War" on Philpapers; the current title is the title of the published version.). (shrink)

This chapter conceptually analyzes the post-traumatic stress injuries called moral injury, moral fatigue or exhaustion, and broken spirit. It then identifies two puzzles. First, soldiers sometimes sustain moral injury even from doing right actions. Second, they experience moral exhaustion from making decisions even where the morally right choice is so obvious that it shouldn’t be stressful to make it; and even where rightness of decision is so murky that no decision could be morally faulted. The injuries result of mistaken moral (...) self-evaluation. Methods of preventing and treating these injuries are defended, including training in self-forgiveness, moral off-loading of actions and decisions to persons and devices less likely to feel inappropriate guilt, and the use of drugs to prevent such guilt. The foregoing has been about moral injury erroneously resulting from the non-violation of a correct moral code. But the chapter then introduces the concept of moral pseudo-injury—felt moral injury that has in reality resulted from violation of a false moral code, so that no one has really been morally injured. This can be used as a method in warfighting. And since the injuries it produces are illusory, this would be morally superior to physical violence. For it causes less injury to its victims, and should cause less guilt in those who must inflict it. Historical precedents are considered. Finally, our enemies often use moral pseudo-injury against us, in the form of terrorist violence against civilians. Terrorism causes comparatively few harms, yet we mistakenly see it as more morally horrific than conventional combat that causes much worse loss of life among armed forces members. Here we need the nuancing and clarifying power of philosophy to restore a sense of proportion, thence to prevent or therapize the moral pseudo-injury we may experience from these sorts of attacks. (This is a pre-penultimate version of the published version, available from OUP at the external link, which contains minor variances. The paper was earlier known as "PTSD Weaponized: A Theory of Moral Injury"; that now superseded version is archived under "past conferences" on the Center for Ethics and the Rule of Law website.). (shrink)

How may nations protect their interests in space if its fragility makes military operations there self-defeating? This essay claims nations are in Prisoners Dilemmas on the matter, and applies David Gauthier’s theories about how it is rational to behave morally—cooperatively—in such dilemmas. Currently space-faring nations should i) enter into co-operative space sharing arrangements with other rational nations, ii) exclude—militarily, but with only terrestrial force—nations irrational or existentially opposed to other nations being in space, and iii) incentivize all nations into co-operation (...) by redistributing some space-generated wealth to nations that might otherwise ruin space. Further, since all nations are rationally incentivized to ever greater dependence on space, and since each, by threatening space, can hold hostage its benefits to all, each can demand resolution of terrestrial discontents with other nations. So each has a rational interest in treating others morally both in space and on terrestrial issues. (shrink)

To the normal reasons that we think can justify one in preferring something, x (namely, that x has objectively preferable properties, or has properties that one prefers things to have, or that x's obtaining would advance one's preferences), I argue that it can be a justifying reason to prefer x that one's very preferring of x would advance one's preferences. Here, one prefers x not because of the properties of x, but because of the properties of one's having the preference (...) for x. So-revising one's preferences is rational in paradoxical choice situations like Kavka's Deterrence Paradox. I then try to meet the following objections: that this is stoicist, incoherent, bad faith; that it conflates instrumental and intrinsic value, gives wrong solutions to the problems presented by paradoxical choice situations, entails vicious regresses of value justification, falsifies value realism, makes valuing x unresponsive to x's properties, causes value conflict, conflicts with other standards of rationality, violates decision theory, counsels immorality, makes moral paradox, treats value change as voluntary, conflates first- and second-order values, is psychologically unrealistic, and wrongly presumes that paradoxical choice situations can even occur. (shrink)

Grey zone attacks tend to paralyze response for two reasons. First, they present us with choice scenarios of inherently dilemmatic structure, e.g., Prisoners’ Dilemmas and games of chicken, complicated by difficult conditions of choice, such as choice under risk or amid vagueness. Second, they exploit our uncertainty about how much we do or should care about the things under attack¬—each attack is small in effect, but their effects accumulate: how should we decide whether to treat a given attack as something (...) meriting a serious response rather than a mere irritation to be ignored? This chapter brings standard decision theoretic tools to bear on the issues, tools such as the maximization of expected utility principle, and the precautionary principle. But it also develops three innovations. It shows that seeing it as possible to make choices not just of actions given our values, but also choices of values themselves, can extricate us from certain kinds of decision paralysis. It shows how we can rationally regard ourselves as having bright decision lines even when nothing in the circumstance of choice has these lines in its structure. And it shows how certain conflict escalation risks from the former two strategies can be managed by both parties seeing that cooperation can yield a sharable surplus of goods, and that cooperation can be rational upon a rationally defensible change in their values so that each comes to derive utility from the success of both parties. This yields cooperative solutions to what amount to Prisoners’ Dilemmas. The Cold War was prosecuted on the logic of strategic rationality and that part of game theory that is deterrence theory. We need a new logic from decision theorists for the games that constitute grey zone conflict. (shrink)

This paper reviews six attempts to give cooperative solutions to Prisoners Dilemmas: symmetry (agents are in identical situations, so should choose the same way, so should both choose cooperation because that’s better for each), mechanism (each agent should delegate the decision to a machine which will choose cooperation for them provided the other does likewise), inducement (the agents should make a side bet which pays off only upon both cooperating), resolution (each agent should resolve to cooperate, then act on the (...) resolution), alternative principle (rationality requires not dominance reasoning and so defecting, but constrained maximization or resolution compliance or “sophisticated” choosing, and so cooperation), and preference revision (each agent should acquire conditional preferences to cooperate, then cooperate provided the other agent has acquired similar preferences). It distinguishes one-stage from two-stage games, as well as endogenously available solutions (ones available to agents in the circumstances of the game merely due to the nature of rationality) from solutions requiring exogenous devices. It contrasts Edward McClennen’s endogenous solution, which is some combination of resolution and alternative principle solution, with David Gauthier’s endogenous alternative principle solution. It argues that all have problems, ones best solved by the endogenous preference revision solution defended by Duncan MacIntosh. (shrink)

This chapter discusses the fundamental question of the defense industry’s role and legitimacy for societies. It begins with a parable of a psychopath doing something self-serving that has beneficial moral consequences. Analogously, it is argued, the defense industry profiting by selling weapons that can kill people makes it useful in solving moral problems not solvable by people with ordinary moral scruples. Next, the chapter argues that while the defense industry is a business, it is also implicated in the security of (...) its home nations. In addition, its products can be used for good or evil. Thus, it must navigate conflicting values, with the result that the rules often thought to rightly regulate the industry—codes of business ethics, engineering ethics, procurement ethics, plus laws of the land, and dicta of conscience—need supplementing by general moral reflection. This chapter argues for a principle that tells how to decide when to violate the rules, for a theory of rational choice on which choosing by this principle is rational, and for teaching that theory to defense industry employees to ensure their ethical behavior. (shrink)

David Gauthier thinks agents facing a prisoner's dilemma ('pd') should find it rational to dispose themselves to co-operate with those inclined to reciprocate (i.e., to acquire a constrained maximizer--'cm'--disposition), and to co-operate with other 'cmers'. Richmond Campbell argues that since dominance reasoning shows it remains to the agent's advantage to defect, his co-operation is only rational if cm "determines" him to co-operate, forcing him not to cheat. I argue that if cm "forces" the agent to co-operate, he is not acting (...) at all, never mind rationally. Thus, neither author has shown that co-operation is rational action in a pd. (shrink)

If one can get the targets of one's current wants only by acquiring new wants (as in the Prisoner's Dilemma), is it rational to do so? Arguably not. For this could justify adopting unsatisfiable wants, violating the rational duty to maximize one's utility. Further, why cause a want's target if one will not then want it? And people "are" their wants. So if these change, people will not survive to enjoy their wants' targets. I reply that one rationally need not (...) advance one's future wants, only current ones. Furthermore, rational choice seeks not utility (the co-obtaining of a want and its target), but satisfaction (the eventual obtaining of what is now wanted) -- otherwise, it would be irrational to care now about what happens after one dies. Finally, persons survive "rational" changes of values. Thus reflection on the rational revision of values illuminates the conditions on personal identity and the bases and aims of rational choice. (shrink)

Theories of practical rationality say when it is rational to form and fulfill intentions to do actions. David Gauthier says the correct theory would be the one our obeying would best advance the aim of rationality, something Humeans take to be the satisfaction of one’s desires. I use this test to evaluate the received theory and Gauthier’s 1984 and 1994 theories. I find problems with the theories and then offer a theory superior by Gauthier’s test and immune to the problems. (...) On this theory, it is rational to treat something different as the aim when doing so would advance the original aim. I argue that the idea that this would be irrational bad faith entails contradictions and so is false, as must be theories saying that rationally we must always treat as the aim the bringing about of objectively good states of affairs or obeying a universalizable moral code. (Note: the published version differs somewhat from the version on the website of the Center for Ethics and the Rule of Law; please quote from the published version.). (shrink)

Gauthier claims: (1) a non-maximizing action is rational if it maximized to intend it. If one intended to retaliate in order to deter an attack, (2) retaliation is rational, for it maximized to intend it. I argue that even on sympathetic theories of intentions, actions and choices, (1) is incoherent. But I defend (2) by arguing that an action is rational if it maximizes on preferences it maximized to adopt given one's antecedent preferences. (2) is true because it maximized to (...) adopt preferences on which it maximizes to retaliate. I thus save the theory that rational actions must maximize, and extend it into the rational criticism of preferences. (shrink)

Chrisoula Andreou says procrastination qua imprudent delay is modeled by Warren Quinn’s self-torturer, who supposedly has intransitive preferences that rank each indulgence in something that delays his global goals over working toward those goals and who finds it vague where best to stop indulging. His pair-wise choices to indulge result in his failing the goals, which he then regrets. This chapter argues, contra the money-pump argument, that it is not irrational to have or choose from intransitive preferences; so the agent’s (...) delays are not imprudent, not instances of procrastination. Moreover, the self-torturer case is intelligible only if there is no vagueness and if the agent’s preferences are transitive. But then he would delay only from ordinary weakness of will. And when it is vague where best to stop indulging, rational agents would use symmetry-breaking techniques; so, again, any procrastination would be explained by standard weakness of will, not vagueness. (shrink)

James Sterba describes the egoist as thinking only egoist reasons decide the rationality of choices of action, the altruist, only altruistic reasons, that each in effect begs the question of what reasons there are against the other, and that the only non-question-begging and therefore rationally defensible position in this controversy is the middle-ground position that high-ranking egoistic reasons should trump low ranking-altruistic considerations and vice versa, this position being co-extensive with morality. Therefore it is rationally obligatory choose morally. I object (...) that the mere fact that a position is intermediate between two extremes does not mean it isn’t question-begging; that Sterba’s style of argument could be used to prove anything and therefore proves nothing; that it can be used to prove obvious falsehoods and therefore doesn’t necessarily track the truth; that it can be used to prove the truth of contingent, empirically obvious falsehoods when, since it is necessary a prior that one ought to be moral, something can be a good argument for the rationality of morality only if the argument’s style would entail only truths necessary a priori; that Sterba’s argument cannot inherit plausibility from what Sterba describes as the decision theoretic idea that when choosing among options where we have no evidence that one is more appropriate than the other, we must treat them as equally choice-worthy, since there is no such idea in decision theory, and shouldn’t be (for when, for example, there is no evidence that x exists and no evidence that x does not exist, one should believe that x does not exist; one should not chose as if x’s existence and non-existence were equally likely); that Sterba’s argument style is not analogous to the compromise strategies recommended in bargaining theory, nor in negotiating situations (although it would profit Sterba to consider David Gauthier’s approach in seeking to demonstrate that morality is both a middle ground between egoism and altruism, and is rationally obligatory); that it is problematic to see egoistic and altruistic reasons as commensurable and therefore admitting of a middle ground, especially a unique middle ground; that in any case, egoistic and altruistic reasons are not exhaustive of the reasons there could be; that the only sense in which moving to middle ground results in the parties not begging the question against each other is that it means they would be agreeing with each other and therefore not holding positions against each other, whether question-beggingly or otherwise, a fact which offers neither any rationally compelling reason to move her position closer to that of the other (for how can the mere fact that if we agreed we wouldn’t be begging the question against each other be a reason to agree?); and that even if morality is both rationally obligatory and a middle ground between egoism and altruism, it won’t be in any interesting sense true that this holds because the alternative would be question-begging, which means that analyzing the basis of the rationality of morality as being found in this principle of argumentation theory misconceives the nature of morality. (shrink)

David Gauthier suggested that all genuine moral problems are Prisoners Dilemmas (PDs), and that the morally and rationally required solution to a PD is to co-operate. I say there are four other forms of moral problem, each a different way of agents failing to be in PDs because of the agents’ preferences. This occurs when agents have preferences that are malevolent, self-enslaving, stingy, or bullying. I then analyze preferences as reasons for action, claiming that this means they must not target (...) the impossible, they must be able to be acted on in the circumstances, their targets must be attainable, and having the preferences must make their targets more likely. For groups of agents to have a distribution of preferences, their preferences must jointly have those four features, this imposing a kind of universalizability requirement on possible preferences. I then claim that, if all agents began with preferences satisfying these requirements, their preferences would not be of the morally problematic sort (on pain, variously, of circularity or contradiction in the specification of their targets). Instead, they would be either morally innocent preferences, or ones which put the agents in PDs. And it would then be instrumentally rational for the agents to prefer mutual co-operation. Thus if all agents initially had rationally permissible preferences and made rational choices of actions and preferences thereafter, they would never acquire immoral preferences, and so never be rationally moved to immoral actions. Further, the states of affairs such agents would be moved to bring about would be compatible with what Rawls’ agents would chose behind a veil of ignorance. Morality therefore reduces to rationality; necessarily, the actions categorically required by morality are also categorically required by rationality. (shrink)

This chapter criticizes several methods of responding to the techniques foreign powers are widely acknowledged to be using to subvert U.S. elections. It suggests that countries do this when they have a legitimate stake in each other’s political deliberations, but no formal voice in them. It also suggests that if they accord each other such a voice, they will engage as co-deliberators with arguments, rather than trying to undermine each other’s deliberative processes; and that this will be salutary for all (...) parties. It moots several methods for giving nations such a voice, ranging from inviting representatives of foreign powers to participate in debates in each other’s high-level elections, to having representatives of all nations vote in each other’s key elections or legislative bodies, or in international bodies constituted in recognition of the need for binding global deliberation about shared issues. (shrink)

It is widely thought that stealing, trading and destroying cultural artifacts in time of war are inherently immoral actions, and that it is right that they be treated as war crimes, which, indeed, they currently are. But oppressive cultures have their heritage and cultural artifacts too, in the form of monuments, sites of worship, and so on; and for the oppressed, these things may be awful reminders of their subordination, and may even perpetuate it. This chapter suggests that, since cultural (...) objects can be both tools and symbols of unjust oppression, their theft and destruction ought to be seen as appropriate when this would be a means of overcoming oppression. Whatever current law may say, in these instances, it would be morally inappropriate to count such acts as war crimes. Furthermore, it is bizarre that theft and destruction of cultural property are counted as war crimes when soldiers killing each other is not (due to combatant immunity). Surely killing is worse than property destruction and theft. It is therefore argued that, where possible, it would be better for conflicts to be fought using the latter methods. Finally, the chapter responds to many objections to using theft and destruction of cultural property as a method of warfare. E.g. to the objection that such property has timeless, trans-cultural, aesthetic, historical and scientific value, it is replied that justice is a more important value; and to the objection that these practices amount to cultural genocide it is replied that unjust cultures have no right to exist unmodified. (This chapter was formerly entitled: "Culture Weaponized: A Contrarian Theory of the Sometime Appropriateness of the Destruction, Theft and Trade of Art and Cultural Artifacts in Armed Conflict." The PhilPapers archived version is a pre-penultimate version of the published version.). (shrink)

Susan Okin read Robert Nozick as taking it to be fundamental to his Libertarianism that people own themselves, and that they can acquire entitlement to other things by making them. But she thinks that, since mothers make people, all people must then be owned by their mothers, a consequence Okin finds absurd. She sees no way for Nozick to make a principled exception to the idea that people own what they make when what they make is people, concluding that Nozick’s (...) theory of entitlement must be false, and that entitlement must instead be rooted in people’s needs. I say Okin misreads Nozick’s Libertarianism. In fact, its fundamental principle is that, simply by being persons, people are entitled to the maximum negative liberty compatible with a like liberty for all persons. Further, Nozick, and Jan Narveson, who has taken on the advocacy of Libertarian ideas, analyze liberty as freedom to interact with things, and analyze being entitled to or having property in something, as freedom to interact with it, to determine what may be done with it. People therefore have such freedom to do what they want with themselves, and such freedom to do what they want with other things, as is compatible with all persons having similar freedom. The former is what self-ownership amounts to, the latter, ownership of other things. Libertarianism’s fundamental principle therefore both grounds and delimits entitlements in ways entailing that mothers don’t own persons by dint of making them. Otherwise, since it would then be the prerogative of mothers to determine what shall be done with the persons they made, the persons made would lack equal liberty, this violating the fundamental principle. (shrink)

David Braybrooke argues that meeting people’s needs ought to be the primary goal of social policy. But he then faces the problem of how to deal with the fact that our most pressing needs, needs to be kept alive with resource-draining medical technology, threaten to exhaust our resources for meeting all other needs. I consider several solutions to this problem, eventually suggesting that the need to be kept alive is no different in kind from needs to fulfill various projects, and (...) that needs may have a structure similar to rights, with people’s legitimate needs serving as constraints on each other’s entitlements to resources. This affords a set of axioms constraining possible needs. Further, if, as Braybrooke thinks, needs are created by communities approving projects, so that the means to prosecute the projects then come to count as needs, then communities are obliged to approve only projects that are co-feasible given the world’s finite resources. The result is that it can be legitimate not to funnel resources towards endless life-prolongation projects. (shrink)

Wittgenstein taught us that there could not be a logically private language— a language on the proper speaking of which it was logically impossible for there to be more than one expert. For then there would be no difference between this person thinking she was using the language correctly and her actually using it correctly. The distinction requires the logical possibility of someone other than her being expert enough to criticize or corroborate her usage, someone able to constitute or hold (...) her to a standard of proper use. I shall explore the possibility of something opposite- sounding about laws, namely, that there could in principle be laws whose existence, legitimacy, goodness, and efficacy depend upon their being private, in this sense: their existence is kept secret from those who legitimately benefit from the laws and yet who would misguidedly destroy them were they to come to know of them; and it is kept secret from those who would illegitimately benefit from being able to circumvent the laws, and who could circumvent them if they knew of them. The secrecy of the laws increases their efficacy against bad behavior, and since were the public to come to know of these laws the public would lose its nerve and demand that the laws be rescinded, it prevents the public from destroying laws that are in fact in the public interest. These laws are therefore in a way logically private: they cannot at the same time exist, have the foregoing virtues, and be public. After proposing conditions under which such laws ought to be enacted, I moot logical objections to the very idea that there could be such laws, practical objections to their workability, and moral objections to their permissibility. I conclude by suggesting that, while we normally think of secret laws as creatures of the executive branch, things functionally equivalent to secret laws could also be created by other branches of government and societal institutions, and that all of this would be compatible with the form of sovereignty that is democratically grounded in the will and interests of the people. (shrink)

Ideal rule utilitarianism says that a moral code C is correct if its acceptance maximizes utility; and that right action is compliance with C. But what if we cannot accept C? Rawls and L. Whitt suggest that C is correct if accepting C maximizes among codes we can accept; and that right action is compliance with C. But what if merely reinforcing a code we can't accept would maximize? G. Trianosky suggests that C is correct if reinforcing it maximizes; and (...) that right action is action that has the effect of reinforcing compliance with C. I object to this and argue that C is correct if both accepting and reinforcing C would maximize and if C is reinforcible; and that right action consists in coming as close as possible to perfect acceptance of and compliance with C. (shrink)

Quentin Smith argues that if God exists, He had a duty to ensure life's existence; and He couldn't rationally have done so and made a big bang unless a counter-factual like "If God had made a big bang, there would have been life," was true pre-creation. But such counter-factuals are not true pre-creation. I argue that God could have made a big bang without irrationality; and that He could have ensured life without making big bangs non-random. Further, a proper understanding (...) of the truth-conditions of counter-factuals like the one above lets them have determinate truth-values pre-creation. But the explanation of how the above counter-factual can be true pre-creation is more complicated than that offered by William Lane Craig. (shrink)

Gauthier and Hobbes reduce Prisoners Dilemmas to co-ordination problems (CPs). Many think rational, face-to-face agents can solve any CP by agreed fiat. But though an agent can rationally use a symmetry-breaking technique (ST) to decide between equal options, groups cannot unless their members' STs luckily converge. Failing this, the CP is escapable only by one agent's non-rational stubbornness, or by the group's "conquest" by an outside force. Implications: one's strategic rationality is group-relative; there are some optimums groups in principle cannot (...) rationally choose; thus justice cannot always be a rationally contracted optimum. Howard Sobel provides the point of departure. (shrink)

Gassendi and Hobbes knew each other, and their approaches to philosophy often seem similar. They both criticized the Cartesian epistemology of clear and distinct perception. Gassendi engaged at length with skepticism, and also rejected the Aristotelian notion of scientia, arguing instead for a probabilistic view that shows us how we can move on in the absence of certain and evident knowledge. Hobbes, in contrast, retained the notion of scientia, which is the best sort of knowledge and involves causal explanation. He (...) thought, however, that this sort of knowledge was only available in geometry and political philosophy. (shrink)

This paper defends Flatland—the view that there exist neither determination nor dependence relations, and that everything is therefore fundamental—from the objection from explanatory inefficacy. According to that objection, Flatland is unattractive because it is unable to explain either the appearance as of there being determination relations, or the appearance as of there being dependence relations. We show how the Flatlander can meet the first challenge by offering four strategies—reducing, eliminating, untangling and omnizing—which, jointly, explain the appearance as of there being (...) determination relations where no such relations obtain. Since, plausibly, dependence relations just are asymmetric determination relations, we argue that once we come mistakenly to believe that there exist determination relations, the existence of other asymmetries (conceptual and temporal) explains why it appears that there are dependence relations. (shrink)

A common criticism of the use of algorithms in criminal justice is that algorithms and their determinations are in some sense ‘opaque’—that is, difficult or impossible to understand, whether because of their complexity or because of intellectual property protections. Scholars have noted some key problems with opacity, including that opacity can mask unfair treatment and threaten public accountability. In this paper, we explore a different but related concern with algorithmic opacity, which centers on the role of public trust in grounding (...) the legitimacy of criminal justice institutions. We argue that algorithmic opacity threatens the trustworthiness of criminal justice institutions, which in turn threatens their legitimacy. We first offer an account of institutional trustworthiness before showing how opacity threatens to undermine an institution’s trustworthiness. We then explore how threats to trustworthiness affect institutional legitimacy. Finally, we offer some policy recommendations to mitigate the threat to trustworthiness posed by the opacity problem. (shrink)

As a contribution to a wider discussion on moral discernment in theological anthropology, this paper seeks to answer the question “What is the impact of mental illness on an individual’s ability to make moral decisions?” Written from a clinical psychiatric perspective, it considers recent contributions from psychology, neuropsychology and imaging technology. It notes that the popular conception that mental illness necessarily robs an individual of moral responsibility is largely unfounded. Most people who suffer from mental health problems do not lose (...) the capacity to make moral decisions, and mental illness on its own rarely explains anti-social or criminal behaviour. Moreover, the assumptions of some scientists, that recent developments in neuropsychology and brain imaging suggest biological determinism, must be treated with caution. (shrink)

Postcolonial Liberalism presents a compelling account of the challenges to liberal political theory by claims to cultural and political autonomy and land rights made by indigenous peoples today. It also confronts the sensitive issue of how liberalism has been used to justify and legitimate colonialism. Ivison argues that there is a pressing need to re-shape liberal thought to become more receptive to indigenous aspirations and modes of being. What is distinctive about the book is the middle way it charts between (...) separatism, on the one hand, and assimilation, on the other. These two options present a false dichotomy as to what might constitute a genuinely postcolonial liberal society. In defending this ideal, the book addresses important recent debates over the nature of public reason, justice in multicultural and multinational societies, collective responsibility for the past, and clashes between individual and group rights. (shrink)

This article examines the concept of historical injustice in the context of contemporary political theory. It examines the moral consequences of historical injustice for the descendants of both the perpetrators and the victims and outlines the six questions that any plausible defence of the idea of making reparations for past injustices must deal with. It suggests that taking historical injustice seriously is compatible with moral cosmopolitanism and it also helps with the understanding the nature of various kinds of inequalities that (...) persist today. (shrink)

The language of rights pervades modern social and political discourse and yet there is deep disagreement amongst citizens, politicians and philosophers about just what they mean. Who has them? Who should have them? Who can claim them? What are the grounds upon which they can be claimed? How are they related to other important moral and political values such as community, virtue, autonomy, democracy and social justice? In this book, Duncan Ivison offers a unique and accessible integration of, and (...) introduction to, the history and philosophy of rights. He focuses especially on the politics of rights: the fact that rights have always been, and will remain, deeply contested. He discusses not only the historical contexts in which some of the leading philosophers of rights formed their arguments, but also the moral and logical issues they raise for thinking about the nature of rights more generally. At each step, Ivison also considers various deep criticisms of rights, including those made by communitarian, feminist, Marxist and postmodern critics. The book is aimed at students and readers coming to these issues for the first time, but also at more knowledgeable readers looking for a distinctive integration of history and theory as applied to questions about the nature of rights today. (shrink)

What does the 'colonialist' reading of Locke's political theory suggest about the relationship between liberalism and colonialism in general, as well as the pre-history of liberalism in particular?

What would it mean to have a suitably ‘realistic’ account of political liberty? On the one hand, I don’t think we can properly understand liberty without an underlying account of personhood or agency.2 In making sense of liberty, we need to ask: What kind of agency does it presuppose or promote? What kind of independence do we care most about? What does it mean to exercise control, or to be self-guiding, in the kind of world we live in today? At (...) the same time, a conception of moral and political personhood needs to be appropriately ‘realistic’: It shouldn’t be over-idealized (or over-simplified), nor demand more than can be reasonably expected, given the kind of creatures we are. (shrink)

Trust is a crucial condition for the legitimacy and effectiveness of democratic institutions in conditions of deep diversity and enduring injustices. Liberal democratic societies require forms of engagement and deliberation that require trustful relations between citizens: trust is a necessary condition for securing and sustaining just institutions and practices. Establishing trust is hard when there is a lingering suspicion that the institutions citizens are subject to are illegitimate or undermine their ability to participate and deliberate on equal terms. The promise (...) of participation, the appeal to deliberation and inclusion, in other words, is experienced as a form of bad faith. In this paper, I offer four conditions required for democratic trust and discuss them in relation to a series of examples of both democratic mistrust and attempts at rebuilding trust. (shrink)

Reductive intellectualists hold that knowledge-how is a kind of knowledge-that. For this thesis to hold water, it is obviously important that knowledge-how and knowledge-that have the same epistemic properties. In particular, knowledge-how ought to be compatible with epistemic luck to the same extent as knowledge-that. It is argued, contra reductive intellectualism, that knowledge-how is compatible with a species of epistemic luck which is not compatible with knowledge-that, and thus it is claimed that knowledge-how and knowledge-that come apart.

The Ashgate Research Companion to Multiculturalism brings together a collection of new essays by leading and emerging scholars in the humanities and social sciences on some of the key issues facing multiculturalism today. It provides a comprehensive and cutting-edge treatment of this important and hotly contested field, offering scholars and students a clear account of the leading theories and critiques of multiculturalism that have developed over the past twenty-five years, as well as a sense of the challenges facing multiculturalism in (...) the future. Key leading scholars, including James Bohman, Barbara Arneil, Avigail Eisenberg, Ghassan Hage, and Paul Patton, discuss multiculturalism in different cultural and national contexts and across a range of disciplinary approaches. In addition to contributions, Duncan Ivison also provides a comprehensive Introduction which surveys the field and offers an extensive guide to further reading. (shrink)

Does the Australian state exercise legitimate power over the indigenous peoples within its borders? To say that the state’s political decisions are legitimate is to say that it has the right to impose those decisions on indigenous peoples and that they have a (at least a prima facie) duty to obey. In this paper, I consider the general normative frameworks within which these questions are often grasped in contemporary political theory. Two dominant modes of dealing with political legitimacy are through (...) the politics of ‘recognition’ and ‘justification’. I argue that in order to address the fundamental challenges posed by indigenous peoples to liberal settler states today we need to pluralise our conceptions of political legitimacy. (shrink)

A powerful argument against the counterfactual comparative account of harm is that it cannot distinguish harming from failing to benefit. In reply to this problem, I suggest a new account of harm. The account is a counterfactual comparative one, but it counts as harms only those events that make a person occupy his level of well-being at the world at which the event occurs. This account distinguishes harming from failing to benefit in a way that accommodates our intuitions about the (...) standard problem cases. In laying the groundwork for this account, I also demonstrate that rival accounts of harm are able to distinguish harming from failing to benefit only if, and because, they also appeal to the distinction between making upshots happen and allowing upshots to happen. One important implication of my discussion is that preserving the moral asymmetry between harming and failing to benefit requires a commitment to the existence of a metaphysical and moral distinction between making and allowing. (shrink)

The kind of empathy that is communicated through expressions like “I feel your pain” or “I share your sadness” is important, but peculiar. For it seems to require something perplexing and elusive: sharing another’s experience. It’s not clear how this is possible. We each experience the world from our own point of view, which no one else occupies. It’s also unclear exactly why it is so important that we share others' pains. If you are in pain, then why should it (...) matter, and be a good thing, that I am also in the same pain? Our goal in this paper is to address these questions. Specifically, our goal is to clarify how empathy, in the regimented sense of sharing another’s pain, is possible and why it is important. Central to our account is the concept of being acquainted with—that is, directly aware of—pain. When I feel my own pain, and am acquainted with it, I want the pain to stop, and I’m moved—sometimes compelled—to stop it. My acquaintance with the pain is what reveals that it is no good, to be gotten rid of, and to be avoided in the future. Acquaintance also appears to be implicated in our understanding of, and motivation to relieve, others’ pains. When I say “I feel your pain” I express an awareness of your pain, a direct appreciation of its noxious qualities, and, as with my own pain, an understanding of why it ought to be eased. Explaining how empathy is both possible and important therefore involves clarifying the nature of acquaintance: its limits, epistemic role, and motivational significance. What our analysis reveals is that agents have both epistemic and moral reasons to share other people’s pain because pain-sharing is the source of a species of character-building knowledge that we have no other way of accessing except through direct acquaintance with pain. (shrink)

According to reductive intellectualism, knowledge-how just is a kind of propositional knowledge (e.g., Stanley & Williamson 2001; Stanley 2011a, 2011b; Brogaard, 2008a, 2008b, 2009, 2011, 2009, 2011). This proposal has proved controversial because knowledge-how and propositional knowledge do not seem to share the same epistemic properties, particularly with regard to epistemic luck. Here we aim to move the argument forward by offering a positive account of knowledge-how. In particular, we propose a new kind of anti-intellectualism. Unlike neo-Rylean anti-intellectualist views, according (...) to which the possession of knowledge-how is just a matter of possessing certain abilities, we submit that knowledge-how is a particular kind of cognitive achievement attained just when cognitive ability is connected in the right way with successful performance. (shrink)

There have been two distinctive aspects to James Tully’s approach to the study of imperialism over the years, and both are put to work in these remarkable volumes. The first is his belief in two seemingly contradictory claims: (i) that imperialism is much more pervasive than usually thought (conceptually, historically and practically); and yet (ii) that there are many more forms of resistance to it than usually appreciated. (Part of a symposium in Political Theory on James Tully's 'Public Philosophy in (...) a New Key'). (shrink)

The debate over the constitutional recognition of Indigenous peoples is a deeply political one. That might appear to be a controversial claim. After all, there has been much talk about minimising the scope for disagreement between ‘constitutional conservatives’ and supporters of more expansive constitutional recognition. And there is concern to ensure that any potential referendum enjoys the maximum conditions and opportunity for success. However, my argument shall be that any form of constitutional recognition of Australia’s First Peoples needs to be (...) seen as part of an ongoing transformation in the relations between Indigenous peoples and the Australian state. (shrink)

First published in the International Encyclopaedia of Social and Behavioural Sciences (Pergamon Press, 2001); reprinted in the 2nd edition (2015). An overview of different justifications of multiculturalism in contemporary political theory, as well as various challenges to and critiques of those arguments.

My aim in this chapter is to take the complexity of our histories of rights as seriously as the nature of rights themselves. Let me say immediately that the point is not to satisfy our sense of moral superiority by smugly pointing out the prejudices found in arguments made over three hundred years ago. We have more than our own share of problems and prejudices to deal with. Rather, in coming to grips with this history, and especially how early-modern political (...) theorists struggled with the extension and application of natural rights to the ‘New World’, we may learn something about our own struggles to extend human rights beyond the boundaries of the state system of which Grotius, Hobbes, Locke and Vattel were among the key intellectual architects. For Richard Tuck, the autonomous rights-bearing agent at the heart of liberal individualism is a product of seventeenth-century theorizing about the nature of the autonomous state acting in the international sphere. The sovereign individual is the ‘traditional cousin of the sovereign state’, argues Tuck, and especially the aggressive, violent, and minimally constrained relative described by Hugo Grotius, Thomas Hobbes, John Locke and Emer de Vattel. Thus the connection between liberalism and imperialism, on this reading, is not merely chronological or historical but metaphysical. The analogy between the sovereign state and the sovereign individual acting on the basis of their natural rights, constrained by the recognition of the basic rights of others (but not much more than that) represents an influential vision of liberal freedom. This minimalist account of freedom represents only one vision, however, and Tuck’s account of the pre-history of liberal rights has to be balanced against other conceptions, including more emancipatory ones. (shrink)

How does empire become transposed onto justice? There are two kinds of question here, one historical the other conceptual, though they are often entwined. First, we may ask whether there are particular arguments about justice that were subsequently used in the justification of empire or colonialism. Or, we may seek to trace the conceptual structure of argu- ments justifying imperialism to their roots in particular philosophical views, debunking their supposed universalism.3 Second, we may ask about the very nature of the (...) concept of global justice and the values it expresses in relation to other important values. Is the very notion of global justice imperialistic, just because it claims there are universal values applicable to everyone everywhere, whatever their particular ways of life or worldviews? (shrink)

The notion of an extended simple region (henceforth ESR) has recently been marshalled in the service of arguments for a variety of conclusions. Exactly how to understand the idea of extendedness as it applies to simple regions, however, has been largely ignored, or, perhaps better, assumed. In this paper we first (§1) outline what we take to be the standard way that philosophers are thinking about extendedness, namely as an intrinsic property of regions. We then introduce an alternative picture (§2), (...) according to which extendedness is extrinsic. In §3 we argue that it matters which way of thinking about extendedness is the right one, since how ESRs behave is sensitive to what extendedness consists in, and various arguments that appeal to ESRs turn out to be unsound if extendedness is extrinsic rather than intrinsic. (shrink)

In a world no longer centered on the West, what should political theory become? Although Western intellectual traditions continue to dominate academic journals and course syllabi in political theory, up-and-coming contributions of “comparative political theory” are rapidly transforming the field. Deparochializing Political Theory creates a space for conversation among leading scholars who differ widely in their approaches to political theory. These scholars converge on the belief that we bear a collective responsibility to engage and support the transformation of political theory. (...) In these exchanges, “deparochializing” political theory emerges as an intellectual, educational, and political practice that cuts across methodological approaches. Because it is also an intergenerational project, this book presses us to reimagine our teaching and curriculum design. Bearing the marks of its beginnings in East Asia, Deparochializing Political Theory seeks to decenter Western thought and explore the evolving tasks of political theory in an age of global modernity. (shrink)

Aboriginal claims for self-government in the Americas and Australasia are distinctive for being less about secession—at least so far—than about demanding an innovative rethinking of the regulative norms and institutions within and between already established nation-states. Recent cases in Australia (and Canada) provide an opportunity to consider the nature of such claims, and some of the theoretical implications for regulative conceptions of sovereignty and the rule of law. A general question informing the entire discussion here is: how do particular conceptions (...) of the rule of law affect Aboriginal claims? Can a distinctive body of Aboriginal law survive in a liberal constitutional state already constituted in part by regulative ideals of the rule of law? (shrink)