To many, the idea of autonomous weapons systems (AWS) killing human beings is grotesque. Yet critics have had difficulty explaining why it should make a significant moral difference if a human combatant is killed by an AWS as opposed to being killed by a human combatant. The purpose of this paper is to explore the roots of various deontological concerns with AWS and to consider whether these concerns are distinct from any concerns that also apply to long- distance, human-guided weaponry. (...) We suggest that at least one major driver of the intuitive moral aversion to lethal AWS is that their use disrespects their human targets by violating the martial contract between human combatants. On our understanding of this doctrine, service personnel cede a right not to be directly targeted with lethal violence to other human agents alone. Artificial agents, of which AWS are one example, cannot understand the value of human life. A human combatant cannot transfer his privileges of targeting enemy combatants to a robot. Therefore, the human duty-holder who deploys AWS breaches the martial contract between human combatants and disrespects the targeted combatants. We consider whether this novel deontological objection to AWS forms the foundation of several other popular yet imperfect deontological objections to AWS. (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)

It is widely thought that grounding is a hyperintensional phenomenon. Unfortunately, the term ‘hyperintensionality’ has been doing double-duty, picking out two distinct phenomena. This paper clears up this conceptual confusion. We call the two resulting notions hyperintensionalityGRND and hyperintensionalityTRAD. While it is clear that grounding is hyperintensionalGRND, the interesting question is whether it is hyperintensionalTRAD. We argue that given well-accepted constraints on the logical form of grounding, to wit, that grounding is irreflexive and asymmetric, grounding is hyperintensionalTRAD only if one (...) endorses a sentential operator view of grounding. We argue that proponents of the sentential operator view will need to distinguish two importantly different kinds of hyperintensionalityTRAD—weak and strong—and we offer them a way to do so. (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)

What are the properties of composite objects, and how do the properties of composite objects and the properties of their proper parts relate to one another? The answers to these questions depend upon which view of composition one adopts. One view, which I call the orthodox view, is that composite objects are numerically distinct from their proper parts, individually and collectively. Another view, known as composition as identity, is that composite objects are numerically identical to their proper parts, taken together. (...) I argue that the orthodox view entails that the intuitive picture of composite objects and their properties that most accept is false. Not so for composition as identity. I also show that all of the available alternatives face serious difficulties. This puts composition as identity at an advantage over the orthodox view, at least when it comes to accounting for the properties of composite objects. (shrink)

In a recent paper Shieva Kleinschmidt has argued that if certain scenarios involving extended simple regions are possible (so-called ‘Place Cases’), then no logic of location with only one primitive locative notion (i.e., no ‘parsimonious logic of location’) will suffice to describe all of the locative possibilities. Since almost all existing logics of location are parsimonious (and apparently for good reason) the argument is a considerable obstacle to the development of a satisfactory logic of location. Kleinschmidt suggests that the best (...) way out of the difficulty is to deny the possibility of Place Cases by denying that extended simple regions are possible. I argue that much the same problem arises even in cases not involving extended simple regions or indeed exotic regions of any kind. Thus, simply denying the possibility of extended simple regions will not save parsimonious logics of location. (shrink)

Perhaps the most commonly discussed argument against the possibility of extended simples is the argument from heterogeneity. The argument states that, if extended simples are possible, then extended simples which exhibit intrinsic qualitative variation across space (or spacetime) are also possible [Premise 1]. But, the argument goes, it is impossible for an extended simple to exhibit intrinsic qualitative variation across space (or spacetime) [Premise 2]. Thus, extended simples are impossible. I argue that there is a serious problem with the argument (...) from heterogeneity: the best arguments in support of the first premise undermine support for the second. Thus, there appears to be no good reason to accept both premises. (shrink)

We argue that, insofar as one accepts either supersubstantivalism or strong composition as identity for the usual reasons, one has (defeasible) reasons to accept the other as well. Thus, all else being equal, one ought to find the package that combines both views—the Identity Package—more attractive than any rival package that includes one, but not the other, of either supersubstantivalism or composition as identity.

We argue that there is an interesting modal analogue of temporal persistence, namely modal persistence, and an interesting modal analogue of time travel, namely modal travel. We explicate each of these notions and then argue that there are plausible conditions under which some ordinary objects modally persist. We go on to consider whether it is plausible that any modally persistent objects also modally travel.

Almost all philosophers interested in parthood and composition think that a composite object is a further thing, numerically distinct from the objects that compose it. Call this the orthodox view. I argue that the orthodox view is false, and that a composite object is identical to the objects that compose it (collectively). This view is known as composition as identity. -/- I argue that, despite its unpopularity, there are many reasons to favour com- position as identity over the orthodox view. (...) First, defenders of the orthodox view have not offered complete theories of composition. For instance, they have not given adequate accounts of heterogeneous properties like being black and white in composite objects. Nor have they given satisfactory explanations for the necessary connections that hold between composite objects and their proper parts. -/- Second, there appears to be no good way for defenders of the orthodox view to remedy this. Any account of the heterogeneous properties of composite objects which is compatible with the orthodox view faces serious problems, as does any account of the necessary connections between an object and its proper parts. Composition as identity, on the other hand, is compatible with intuitive responses to both of these challenges. -/- Third, there are a number of strong arguments in favour of composition as identity. For example, composition as identity fits our evidence about the way the world is better than the orthodox view does. It also allows us to easily maintain that composition sometimes occurs and sometimes does not—i.e., it allows us to easily maintain that composition is restricted. The orthodox view does not. The theories of composition put forward by most philosophers are at best incomplete or in need of improvement. At worst, they are false and composition as identity is true. (shrink)

It has recently become popular to suggest that questions of ontology ought be settled by determining, first, which fundamental things exist, and second, which derivative things depend on, or are grounded by, those fundamental things. This methodology typically leads to a hierarchical view of ontology according to which there are chains of entities, each dependent on the next, all the way down to a fundamental base. In this paper we defend an alternative ontological picture according to which there is no (...) ontological hierarchy. Such a picture appears counterintuitive (at least to many), in part because in the absence of a hierarchical structure to our world, there would be no structure apt to back metaphysical explanations. There are two reasons to suppose this is so. First, there would be no structure apt to back metaphysical explanations because there would be a fatal mismatch between the formal features of metaphysical explanation, on the one hand, and the structure of the world, on the other hand. Second, in the absence of an ontological hierarchy there would be no structure apt to back metaphysical explanations because the only connections that would obtain between relevant facts are mere correlational connections. But mere correlations are not the right kinds of relations to back metaphysical explanations: explanation requires something more. This paper aims to show that neither of these is a good reason to prefer a hierarchical view of ontology. (shrink)

A common epistemological assumption in contemporary bioethics held b y both proponents and critics of non-traditional forms of cognitive enhancement is that cognitive enhancement aims at the facilitation of the accumulation of human knowledge. This paper does three central things. First, drawing from recent work in epistemology, a rival account of cognitive enhancement, framed in terms of the notion of cognitive achievement rather than knowledge, is proposed. Second, we outline and respond to an axiological objection to our proposal that draws (...) from recent work by Leon Kass (2004), Michael Sandel (2009), and John Harris (2011) to the effect that ‘enhanced’ cognitive achievements are (by effectively removing obstacles to success) not worthy of pursuit, or are otherwise ‘trivial’. Third, we show how the cognitive achievement account of cognitive enhancement proposed here fits snugly with recent active externalist approaches (e.g., extended cognition) in the philosophy of mind and cognitive science. (shrink)

We revisit an important exchange on the problem of radical skepticism between Richard Rorty and Michael Williams. In his contribution to this exchange, Rorty defended the kind of transcendental approach to radical skepticism that is offered by Donald Davidson, in contrast to Williams’s Wittgenstein-inspired view. It is argued that the key to evaluating this debate is to understand the particular conception of the radical skeptical problem that is offered in influential work by Barry Stroud, a conception of the skeptical (...) problem which generates metaepistemological ramifications for anti-skeptical theories. In particular, we argue that, contra Williams, Rorty’s view that Davidson was offering a theoretical diagnosis of radical skepticism can be consistently maintained with his transcendental approach. (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)

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)

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)

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)

Fumerton’s distinctive brand of metaepistemological scepticism is compared and contrasted with the related position outlined by Stroud. It is argued that there are at least three interesting points of contact between Fumerton and Stroud’s metaepistemology. The first point of contact is that both Fumerton and Stroud think that (1) externalist theories of justification permit a kind of non-inferential, perceptual justification for our beliefs about non-psychological reality, but it’s not sufficient for philosophical assurance. However, Fumerton claims, while Stroud denies, that (2) (...) direct acquaintance with facts is sufficient for philosophical assurance. And this is important because Stroud thinks that (3) we have direct perceptual access or acquaintance with facts about the external world, while Fumerton denies this. (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)

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.

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)

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)

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)

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)

The fact that Gilbert Ryle and J.L. Austin seem to disagree about the ordinary use of words such as ‘voluntary’, ‘involuntary’, ‘voluntarily’, and ‘involuntarily’ has been taken to cast doubt on the methods of ordinary language philosophy. As Benson Mates puts the worry, ‘if agreement about usage cannot be reached within so restricted a sample as the class of Oxford Professors of Philosophy, what are the prospects when the sample is enlarged?’ (Mates, Inquiry 1:161–171, 1958, p. 165). In this chapter, (...) we evaluate Mates’s criticism alongside Ryle’s and Austin’s specific claims about the ordinary use of these words, assessing these claims against actual examples of ordinary use drawn from the British National Corpus (BNC). Our evaluation consists in applying a combination of methods: first aggregating judgments about a large set of samples drawn from the corpus, and then using a clustering algorithm to uncover connections between different types of use. In applying these methods, we show where and to what extent Ryle’s and Austin’s accounts of the use of the target terms are accurate as well as where they miss important aspects of ordinary use, and we demonstrate the usefulness of this new combination of methods. At the heart of our approach is a commitment to the idea that systematically looking at actual uses of expressions is an essential component of any approach to ordinary language philosophy. (shrink)

The subject of this paper is not Wittgensteinian ethics but Wittgenstein’s own ethical beliefs, specifically as these are revealed in the so-called Koder diaries. While the Koder Diaries, also known as Manuscript 183, do contain the kind of thing that one would expect to find in a diary (e.g. accounts of travel and personal relationships), they also contain more obviously philosophical remarks, sometimes as reflections on these personal remarks. Wittgenstein’s diaries illustrate well a point that Iris Murdoch has emphasized, that (...) a person’s inner life can have an ethical dimension not necessarily directly related to overt action or to other people. The kind of ethical concern that we see in these diaries is one with what we might call global implications. Not in the sense that they might affect the whole planet but in the sense that, for Wittgenstein (or anyone else involved in such struggles or deliberations), they might affect every aspect of his life in the way that a religious conversion might change one’s whole life. This ethical ubiquity is another idea that Murdoch has brought to attention. (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)

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)

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)

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 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)

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)

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)

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)

This paper synthesizes scholarship from several academic disciplines to identify and analyze five major ethical challenges facing data-driven policing. Because the term “data-driven policing” emcompasses a broad swath of technologies, we first outline several data-driven policing initiatives currently in use in the United States. We then lay out the five ethical challenges. Certain of these challenges have received considerable attention already, while others have been largely overlooked. In many cases, the challenges have been articulated in the context of related discussions, (...) but their distinctively ethical dimensions have not been explored in much detail. Our goal here is to articulate and clarify these ethical challenges, while also highlighting areas where these issues intersect and overlap. Ultimately, responsible data-driven policing requires collaboration between communities, academics, technology developers, police departments, and policy-makers to confront and address these challenges. And as we will see, it may also require critically reexamining the role and value of police in society. (shrink)

The ‘black box’ in Stoic axiology refers to the mysterious connection between the input of Stoic deliberation (reasons generated by the value of indifferents) and the output (appropriate actions). In this paper, I peer into the black box by drawing an analogy between Stoic and Kantian axiology. The value and disvalue of indifferents is intrinsic, but conditional. An extrinsic condition on the value of a token indifferent is that one's selection of that indifferent is sanctioned by context-relative ethical principles. The (...) value of an indifferent that does not meet this condition is normatively silenced, such that it fails to constitute a reason for action. (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)

Recent political theory has attempted to unbundle demos and ethnos, and thus citizenship from national identity. There are two possible ways to meet this challenge: by taming the relationship between citizenship and the nation, for example, by defending a form of liberal multicultural nationalism, or by transcending it with a postnational, cosmopolitan conception of citizenship. Both strategies run up against the boundedness of democratic authority. In this paper, I argue that Shachar adresses this issue in an innovative way, but remains (...) ultimately trapped by it. My argument has two parts. In the first one, I look at the analogy between property and citizenship on which Shachar rely to justify the obligations of wealthy states towards the global poor. I suggest that it does not work well to explain the rarity of citizenship and that the idea of taxing its value at the global level, however intuitive in liberal theory on property, could yield unexpected and non-liberal consequences. Nevertheless I also assess its merits. In the second part, I suggest that Shachar’s claim that her argument generates a legal obligation toward the global poor is not binding. It could only be so with the kind of cosmopolitan political institutions that she eschews. Thus we return where we begin. (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)

An exploration of RA Duff's 'communicative theory of punishment' in contexts of deep legal and cultural pluralism.