W. V. Quine famously defended two theses that have fallen rather dramatically out of fashion. The first is that intensions are “creatures of darkness” that ultimately have no place in respectable philosophical circles, owing primarily to their lack of rigorous identity conditions. However, although he was thoroughly familiar with Carnap’s foundational studies in what would become known as possible world semantics, it likely wouldn’t yet have been apparent to Quine that he was fighting a losing battle against intensions, due in (...) large measure to developments stemming from Carnap’s studies and culminating in the work of Kripke, Hintikka, and Bayart. These developments undermined Quine’s crusade against intensions on two fronts. First, in the context of possible world semantics, intensions could after all be given rigorous identity conditions by defining them (in the simplest case) as functions from worlds to appropriate extensions, a fact exploited to powerful and influential effect in logic and linguistics by the likes of Kaplan, Montague, Lewis, and Cresswell. Second, the rise of possible world semantics fueled a strong resurgence of metaphysics in contemporary analytic philosophy that saw properties and propositions widely, fruitfully, and unabashedly adopted as ontological primitives in their own right. This resurgence — happily, in my view — continues into the present day. -/- For a time, at any rate, Quine experienced somewhat better success with his second thesis: that higher-order logic is, at worst, confused and, at best, a quirky notational alternative to standard first-order logic. However, Quine notwithstanding, a great deal of recent work in formal metaphysics transpires in a higher-order logical framework in which properties and propositions fall into an infinite hierarchy of types of (at least) every finite order. Initially, the most philosophically compelling reason for embracing such a framework since Russell first proposed his simple theory of types was simply that it provides a relatively natural explanation of the paradoxes. However, since the seminal work of Prior there has been a growing trend to consider higher-order logic to be the most philosophically natural framework for metaphysical inquiry, many of the contributors to this volume being among the most important and influential advocates of this view. Indeed, this is now quite arguably the dominant view among formal metaphysicians. -/- In this paper, and against the current tide, I will argue in §1 that there are still good reasons to think that Quine’s second battle is not yet lost and that the correct framework for logic is first-order and type-free — properties and propositions, logically speaking, are just individuals among others in a single domain of quantification — and that it arises naturally out of our most basic logical and semantical intuitions. The data I will draw upon are not new and are well-known to contemporary higher-order metaphysicians. However, I will try to defend my thesis in what I believe is a novel way by suggesting that these basic intuitions ground a reasonable distinction between “pure” logic and non-logical theory, and that Russell-style semantic paradoxes of truth and exemplification arise only when we move beyond the purely logical and, hence, do not of themselves provide any strong objection to a type-free conception of properties and propositions. -/- Most of my arguments in §1 are largely independent of any specific account of the nature of properties and propositions beyond their type-freedom. However, I will in addition argue that there are good reasons to take propositions, at least, to be very fine-grained. My arguments are thus bolstered significantly if it can be shown that there are in fact well-defined examples of logics that are not only type-free but which comport with such a conception of propositions. It is the purpose of §2 to lay out a logic of this sort in some detail, drawing especially upon work by George Bealer and related work of my own. With the logic in place, it will be possible to generalize the line of argument noted above regarding Russell-style paradoxes and, in §3, apply it to two propositional paradoxes — the Prior-Kaplan paradox and the Russell-Myhill paradox — that are often taken to threaten the sort of account developed here. (shrink)

In Modal Logic as Metaphysics, Timothy Williamson claims that the possibilism-actualism (P-A) distinction is badly muddled. In its place, he introduces a necessitism-contingentism (N-C) distinction that he claims is free of the confusions that purportedly plague the P-A distinction. In this paper I argue first that the P-A distinction, properly understood, is historically well-grounded and entirely coherent. I then look at the two arguments Williamson levels at the P-A distinction and find them wanting and show, moreover, that, when the N-C (...) distinction is broadened (as per Williamson himself) so as to enable necessitists to fend off contingentist objections, the P-A distinction can be faithfully reconstructed in terms of the N-C distinction. However, Williamson’s critique does point to a genuine shortcoming in the common formulation of the P-A distinction. I propose a new definition of the distinction in terms of essential properties that avoids this shortcoming. (shrink)

The iterative conception of set is typically considered to provide the intuitive underpinnings for ZFCU (ZFC+Urelements). It is an easy theorem of ZFCU that all sets have a definite cardinality. But the iterative conception seems to be entirely consistent with the existence of “wide” sets, sets (of, in particular, urelements) that are larger than any cardinal. This paper diagnoses the source of the apparent disconnect here and proposes modifications of the Replacement and Powerset axioms so as to allow for the (...) existence of wide sets. Drawing upon Cantor’s notion of the absolute infinite, the paper argues that the modifications are warranted and preserve a robust iterative conception of set. The resulting theory is proved consistent relative to ZFC + “there exists an inaccessible cardinal number.”. (shrink)

Actualism is the doctrine that the only things there are, that have being in any sense, are the things that actually exist. In particular, actualism eschews possibilism, the doctrine that there are merely possible objects. It is widely held that one cannot both be an actualist and at the same time take possible world semantics seriously — that is, take it as the basis for a genuine theory of truth for modal languages, or look to it for insight into the (...) modal structure of reality. For possible world semantics, it is supposed, commits one to possibilism. In this paper I take issue with this view. To the contrary, I argue that one can take possible world semantics seriously without any commitment to possible worlds or possibilism and hence remain in full compliance with actualist scruples. Moreover, one can do so without without invoking either "ersatz" worlds or haecceities. (shrink)

Very broadly, an argument from collections is an argument that purports to show that our beliefs about sets imply — in some sense — the existence of God. Plantinga (2007) first sketched such an argument in “Two Dozen” and filled it out somewhat in his 2011 monograph Where the Conflict Really Lies: Religion, Science, and Naturalism. In this paper I reconstruct what strikes me as the most plausible version of Plantinga’s argument. While it is a good argument in at least (...) a fairly weak sense, it doesn’t initially appear to have any explanatory advantages over a non-theistic understanding of sets — what I call set theoretic realism. However, I go on to argue that the theist can avoid an important dilemma faced by the realist and, hence, that Plantinga’s argument from collections has explanatory advantages that realism does not have. (shrink)

According to traditional theism, God alone exists a se, independent of all other things, and all other things exist ab alio, i.e., God both creates them and sustains them in existence. On the face of it, divine "aseity" is inconsistent with classical Platonism, i.e., the view that there are objectively existing, abstract objects. For according to the classical Platonist, at least some abstract entities are wholly uncreated, necessary beings and, hence, as such, they also exist a se. The thesis of (...) theistic activism purports to reconcile divine aseity with a robust Platonism. Specifically, the activist holds that God creates the abstract objects no less than the contingent concrete objects of the physical universe and hence that, like all created things, they exist ab alio after all, their necessity notwithstanding. But many philosophers believe a severe roadblock for activism remains — a problem known as the bootstrapping objection. Despite widespread faith in the deliverances of this argument, in this paper I show that the bootstrapping objection is open to significant objections on several fronts. (shrink)

This article presents an overview of the basic philosophical motivations for, and some recent work in, modal set theory.

The use of highly abstract mathematical frameworks is essential for building the sort of theoretical foundation for semantic integration needed to bring it to the level of a genuine engineering discipline. At the same time, much of the work that has been done by means of these frameworks assumes a certain amount of background knowledge in mathematics that a lot of people working in ontology, even at a fairly high theoretical level, lack. The major purpose of this short paper is (...) provide a (comparatively) simple model of semantic integration that remains within the friendlier confines of first-order languages and their usual classical semantics and logic. (shrink)

Summary. The purpose of this article is to serve as a clear introduction to the modeling languages of the three most widely used IDEF methods: IDEF0, IDEF1X, and IDEF3. Each language is presented in turn, beginning with a discussion of the underlying “ontology” the language purports to describe, followed by presentations of the syntax of the language — particularly the notion of a model for the language — and the semantical rules that determine how models are to be interpreted. The (...) level of detail should be sufficient to enable the reader both to understand the intended areas of application of the languages and to read and construct simple models of each of the three types. (shrink)

Bob Hale’s distinguished record of research places him among the most important and influential contemporary analytic metaphysicians. In his deep, wide ranging, yet highly readable book Necessary Beings, Hale draws upon, but substantially integrates and extends, a good deal his past research to produce a sustained and richly textured essay on — as promised in the subtitle — ontology, modality, and the relations between them. I’ve set myself two tasks in this review: first, to provide a reasonably thorough (if not (...) exactly comprehensive) overview of the structure and content of Hale’s book and, second, to a limited extent, to engage Hale’s book philosophically. I approach these tasks more or less sequentially: Parts I and 2 of the review are primarily expository; in Part 3 I adopt a somewhat more critical stance and raise several issues concerning one of the central elements of Hale’s account, his essentialist theory of modality. (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)

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)

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)

A growing number of epistemologists have endorsed the Ignorance Norm for Inquiry. Roughly, this norm says that one should not inquire into a question unless one is ignorant of its answer. I argue that, in addition to ignorance, proper inquiry requires a certain kind of knowledge. Roughly, one should not inquire into a question unless one knows it has a true answer. I call this the Knowledge Norm for Inquiry. Proper inquiry walks a fine line, holding knowledge that there is (...) an answer in the left hand and ignorance of the answer in the right. (shrink)

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

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)

I sympathetically explore the thesis that God literally forgets sins. I articulate some altruistic God might have for forgetting certain sins. If so, then God may have altruistic reasons to relinquish a great-making trait (omniscience). But according to traditional Anselmian perfect being theology, God is necessarily perfect and so incapable of acting on these altruistic reasons. More broadly, a God who necessarily has all the perfections is a God who is incapable of making a certain kind of sacrifice: God can (...) never make tradeoffs that diminish God’s overall greatness, even when those diminishments are relatively small (like forgetting a particular proposition) and the (altruistic) rewards of making the tradeoff substantial. I argue that God’s inability to make such tradeoffs is not a trivial cost for traditional perfect-being theologians who also believe that God is in loving relationships with creatures. Along the way, I explore the prospects for a less traditional form of perfect being theology, perfect being kenoticism, and different models for divine forgetting. (shrink)

A long line of epistemologists including Sosa (2021), Feldman (2002), and Chisholm (1977) have argued that, at least for a certain class of questions that we take up, we should (or should aim to) close inquiry iff by closing inquiry we would meet a unique epistemic standard. I argue that no epistemic norm of this general form is true: there is not a single epistemic standard that demarcates the boundary between inquiries we are forbidden and obligated to close. In short, (...) such norms are false because they are insensitive to the potentially ambitious epistemic goals that agents may permissibly bring to bear on an inquiry. Focusing particularly on knowledge-oriented versions of the norm, I argue that ignorance has a positive role to play in epistemic life by licensing prolonged inquiry into questions that we especially care about. (shrink)

Are extreme beliefs constitutive of echo chambers, or only typically caused by them? Or are many echo chambers unproblematic, amplifying relatively benign beliefs? This paper details the conceptual relations between echo chambers and extreme beliefs, showing how different conceptual choice-points in how we understand both echo chambers and extreme beliefs affects how we should evaluate, study, and engage with echo chambering groups. We also explore how our theories of extreme beliefs and echo chambers shape social scientific research and contribute in (...) a practical way when treating these phenomena, focusing on examples of climate change scepticism. (shrink)

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

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

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

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

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

This paper develops a normative framework for both conceptualizing and assessing various institutional possibilities for democratic modes of constitutional change, with special attention to the recent ferment of constitutional experimentation. The paper’s basic methodological orientation is interdisciplinary, combining research in comparative constitutionalism, political science and normative political philosophy. In particular, it employs a form of normative reconstruction: attempting to glean out of recent institutional innovations the deep political ideals such institutions embody or attempt to realize. Starting from the assumption that (...) contemporary constitutional democracies are attempting to realize the broader ideals of deliberative democratic constitution (ideals outlined briefly in the first section), the paper proposes an evaluative framework, comprised of six criteria, for assessing various mechanisms of constitutional change. It argues that democratic forms of constitutional change embody six distinct ideals—operationalizability, structural independence, democratic co-authorship, political equality, inclusive sensitivity, and reasons-responsiveness—and that these ideals can be used to gauge the normative worth of different mechanisms for carrying out such change. The framework is developed with reference to recent constitutional developments (e.g., in Venezuela, South Africa, Columbia, Bolivia, and Iceland) highlighting distinct criteria and showing how they appear to capture the general direction of institutional innovation. The paper conjectures that the set of six criteria yield the best normative reconstruction of the crucial ideals embodied in the constitutional change mechanisms of contemporary constitutional democracies, and so, ought to be used for purposes of evaluating institutional design proposals. (shrink)

The current literature on norms of inquiry features two families of norms: norms that focus on an inquirer’s ignorance and norms that focus on the question’s soundness. I argue that, given a factive conception of ignorance, it’s possible to derive a soundness-style norm from a version of the ignorance norm. A crucial lemma in the argument is that just as one can only be ignorant of a proposition if the proposition is true, so one can only be ignorant with respect (...) to a question if the question is sound. (shrink)

This paper critically evaluates institution reconstructing critique—the central methodological strategy employed by Axel Honneth in his latest book Freedom’s Right designed to articulate and justify the normative standards employed by a critical theory of the present. It begins by considering, at a general level, the promises and limits of three ideal-typical normative methodologies of social critique: first principles critique, intuition refining critique, and institution reconstructing critique. It then turns to the details of Honneth’s history and diagnosis of market spheres of (...) society as one key example of institution reconstruction critique. This leads to a consideration of some challenges facing this kind of critique, paying particular attention to problems posed by alternative reconstructions of the same data. It argues, in particular, that there is a troubling indeterminacy in this reconstruction, since alternative teleologies yield substantively different normative analyses of capitalism, and hence substantively different social critiques. In conclusion, the paper suggests some methodological remedies which might need to be adopted in order to make good on the promise of institution reconstructing critique while avoiding some of its most challenging problems. (shrink)

This paper argues that political civility is actually an illusionistic ideal and that, as such, realism counsels that we acknowledge both its promise and peril. Political civility is, I will argue, a tension-filled ideal. We have good normative reasons to strive for and encourage more civil political interactions, as they model our acknowledgement of others as equal citizens and facilitate high-quality democratic problem-solving. But we must simultaneously be attuned to civility’s limitations, its possible pernicious side-effects, and its potential for strategic (...) manipulation and oppressive abuse, particularly in contemporary, pluralistic and heterogeneous societies. (shrink)

This chapter is a critical review of Amy Allen's book The Politics of Our Selves. It briefly reconstructs some of the book's impressive achievements: articulating a synthetic account of gendered subjectivity that accounts for both subjection and autonomy; imaginatively integrating poststructuralist and communicative theories; and, furthering important new interpretations of Butler, Foucault, and Habermas. It also raises critical concerns about Allen's project: her specific conception of autonomy and its justification; her suspicions of the notion of historical progress; her psychological explanation (...) of the continuing power of pernicious norms of gendered subjectivity; the usefulness of psychoanalysis for critical social theory; and, the role of cultural, structural, and materialist explanations and political strategies. (shrink)

This paper argues that, according to a specific conception of the ideals of constitutional democracy - deliberative democratic constitutionalism - the proper function of constitutional review is to ensure that constitutional procedures are protected and followed in the ordinary democratic production of law, since the ultimate warrant for the legitimacy of democratic decisions can only be that they have been produced according to procedures that warrant the expectation of increased rationality and reasonability. It also contends that three desiderata for the (...) institutionalization of the function of constitutional review follow from this conception: structural independence, democratic sensitivity and the maintenance of legal integrity. Finally, evaluating three broadly different ways of institutionalizing constitutional review - solely in appellate courts, in deliberative constitutional juries of ordinary citizens and in a combined system of constitutional courts and civic constitutional amendment fora - it argues that the third arrangement would perform best at collectively fulfilling the sometimes antithetical desiderata. (shrink)

Recent work in democratic theory has seriously questioned the dominant pluralist model of self-government and recommended the adoption of a ‘deliberative’ conception of constitutional democracy. With this shift in basic political theory, the objection to judicial review, often voiced in jurisprudential theory, as an anti-democratic instance of paternalism merits another look. This paper argues that the significant differences between four recent theories of constitutional review—put forward by Ely, Perry, Dworkin, and Habermas—are best understood as arising from different positions taken on (...) two cross-cutting distinctions that have been inherited from Locke and Rousseau: democratic processes as aggregative versus deliberative, and democratic legitimacy as substantive versus procedural. A reconstruction and critical evaluation of the four theories of judicial review, with special emphasis on their underlying theories of constitutional democracy, yields a set of criteria for adequate accounts of democratic processes, democratic legitimacy, and their relation to judicial review. I argue that the best understanding of constitutional review is yielded by Habermas’s theory because it combines a conception of popular sovereignty in terms of the collective process of citizens’ deliberative attempt to institutionalize the general will through law, with a resolutely proceduralist conception of democratic legitimacy. However, I also argue that some of the specific proposals Habermas makes concerning the institutionalization of constitutional review in an independent, non-accountable judiciary and the scope of duties for such a body need to be modified in the light of his overriding commitments to participatory deliberative processes and procedural legitimacy. (shrink)

Ectogestation involves the gestation of a fetus in an ex utero environment. The possibility of this technology raises a significant question for the abortion debate: Does a woman’s right to end her pregnancy entail that she has a right to the death of the fetus when ectogestation is possible? Some have argued that it does not Mathison & Davis. Others claim that, while a woman alone does not possess an individual right to the death of the fetus, the genetic parents (...) have a collective right to its death Räsänen. In this paper, I argue that the possibility of ectogestation will radically transform the problem of abortion. The argument that I defend purports to show that, even if it is not a person, there is no right to the death of a fetus that could be safely removed from a human womb and gestated in an artificial womb, because there are competent people who are willing to care for and raise the fetus as it grows into a person. Thus, given the possibility of ectogestation, the moral status of the fetus plays no substantial role in determining whether there is a right to its death. (shrink)

Activist artists often face a difficult question: is striving to change the world undermined when pursued through difficult and experimental artistic means? Looking closely at Adrian Piper's 'Four Intruders plus Alarm Systems' (1980), I will consider why this is an important concern for activist art, and assess three different responses in relation to Piper’s work. What I call the conciliatory stance recommends that when activist artists encounter misunderstanding, they should downplay their experimental artistry in favor of fitting their work to (...) their audience's appreciative capacities. What I call the steadfast stance recommends that activist artists have reason to use their privilege of artistic exceptionalism to challenge their audience's expectations, even if this leads to misunderstanding. I claim that a middle position that I call liberal conciliation best balances the demands for actual change placed on activism and the experimental means that artists bring to activism. (shrink)

This paper examines the debate between permissive and impermissive forms of Bayesianism. It briefly discusses some considerations that might be offered by both sides of the debate, and then replies to some new arguments in favor of impermissivism offered by Roger White. First, it argues that White’s (Oxford studies in epistemology, vol 3. Oxford University Press, Oxford, pp 161–186, 2010) defense of Indifference Principles is unsuccessful. Second, it contends that White’s (Philos Perspect 19:445–459, 2005) arguments against permissive views do not (...) succeed. (shrink)

This article presents the first thematic review of the literature on the ethical issues concerning digital well-being. The term ‘digital well-being’ is used to refer to the impact of digital technologies on what it means to live a life that is good for a human being. The review explores the existing literature on the ethics of digital well-being, with the goal of mapping the current debate and identifying open questions for future research. The review identifies major issues related to several (...) key social domains: healthcare, education, governance and social development, and media and entertainment. It also highlights three broader themes: positive computing, personalised human–computer interaction, and autonomy and self-determination. The review argues that three themes will be central to ongoing discussions and research by showing how they can be used to identify open questions related to the ethics of digital well-being. (shrink)

We commonly explain the distinctive prudential and moral status of persons in terms of our mental capacities. I draw from recent work to argue that the common explanation is incomplete. I then develop a new explanation: We are ethically important because we are the object of a pattern of self-concern. I argue that the view solves moral problems posed by permissive ontologies, such as the recent personite problem.

Representation theorems are often taken to provide the foundations for decision theory. First, they are taken to characterize degrees of belief and utilities. Second, they are taken to justify two fundamental rules of rationality: that we should have probabilistic degrees of belief and that we should act as expected utility maximizers. We argue that representation theorems cannot serve either of these foundational purposes, and that recent attempts to defend the foundational importance of representation theorems are unsuccessful. As a result, we (...) should reject these claims, and lay the foundations of decision theory on firmer ground. (shrink)

Interactions between an intelligent software agent and a human user are ubiquitous in everyday situations such as access to information, entertainment, and purchases. In such interactions, the ISA mediates the user’s access to the content, or controls some other aspect of the user experience, and is not designed to be neutral about outcomes of user choices. Like human users, ISAs are driven by goals, make autonomous decisions, and can learn from experience. Using ideas from bounded rationality, we frame these interactions (...) as instances of an ISA whose reward depends on actions performed by the user. Such agents benefit by steering the user’s behaviour towards outcomes that maximise the ISA’s utility, which may or may not be aligned with that of the user. Video games, news recommendation aggregation engines, and fitness trackers can all be instances of this general case. Our analysis facilitates distinguishing various subcases of interaction, as well as second-order effects that might include the possibility for adaptive interfaces to induce behavioural addiction, and/or change in user belief. We present these types of interaction within a conceptual framework, and review current examples of persuasive technologies and the issues that arise from their use. We argue that the nature of the feedback commonly used by learning agents to update their models and subsequent decisions could steer the behaviour of human users away from what benefits them, and in a direction that can undermine autonomy and cause further disparity between actions and goals as exemplified by addictive and compulsive behaviour. We discuss some of the ethical, social and legal implications of this technology and argue that it can sometimes exploit and reinforce weaknesses in human beings. (shrink)

This article presents the first thematic review of the literature on the ethical issues concerning digital well-being. The term ‘digital well-being’ is used to refer to the impact of digital technologies on what it means to live a life that isgood fora human being. The review explores the existing literature on the ethics of digital well-being, with the goal of mapping the current debate and identifying open questions for future research. The review identifies major issues related to several key social (...) domains: healthcare, education, governance and social development, and media and entertainment. It also highlights three broader themes: positive computing, personalised human–computer interaction, and autonomy and self-determination. The review argues that three themes will be central to ongoing discussions and research by showing how they can be used to identify open questions related to the ethics of digital well-being. (shrink)