Many philosophers hold that punishment has an expressive dimension. Advocates of expressive theories have different views about what makes punishment expressive, what kinds of mental states and what kinds of claims are, or legitimately can be expressed in punishment, and to what kind of audience or recipients, if any, punishment might express whatever it expresses. I shall argue that in order to assess the plausibility of an expressivist approach to justifying punishment we need to pay careful attention to whether the (...) things which punishment is supposed to express are aimed at an audience. For the ability of any version of expressivism to withstand two important challenges, which I call the harsh treatment challenge’ and the ‘publicity challenge’ respectively. will depend on the way it answers them. The first of these challenges has received considerable discussion in the literature on expressive theories of punishment; the second considerably less. This is unfortunate. For careful consideration of the publicity challenge should lead us to favor a version of the expressive theory which has been under-discussed: the view on which punishment has an intended audience, and on which the audience is society at large, rather than—as on the most popular version of that view—the criminal. Furthermore, this view turns out to be better equipped to meet the harsh treatment challenge, and to be so precisely because of the way in which it meets the publicity challenge. (shrink)

The main thesis of this paper is that it is not possible to determine the nature of epistemic justification apart from scientific psychological investigation. I call this view the strong thesis of methodological psychologism. Two sub-theses provide the primary support for this claim. The first sub-thesis is that no account of epistemic justification is correct which requires for the possession of at least one justified belief a psychological capacity which humans do not have. That is, the correct account of epistemic (...) justification must be psychologically realistic. The second sub-thesis is that it is not possible to determine whether an account of epistemic justification is psychologically realistic apart from scientific psychological investigation. After defending these subtheses, I point out some interesting consequences of the overall thesis which present a challenge to traditional epistemology. (shrink)

The method of Wide Reflective Equilibrium has been defended by Kai Nielsen as an exciting new development in the search for a device for increasing our ability to choose between competing moral conceptions. Nonetheless, this confidence will be seen as misplaced unless serious issues are resolved. Lack of clarity surrounds the questions: What is the claimed epistemological role for WRE? What version of WRE is to be employed? In this paper I resolve these ambiguities in a way which supports Kai (...) Nielsen's claim. First, however, I should specify in broad terms the method of WRE. (shrink)

BackgroundBesides balancing burdens and benefits of intensive care, ethical conflicts in the process of decision-making should also be recognised. This calls for an ethical analysis relevant to clinicians. The aim was to analyse ethically difficult situations in the process of deciding whether a patient is admitted to intensive care unit.MethodsAnalysis using the ‘Dilemma method’ and ‘wide reflective equilibrium’, on ethnographic data of 45 patient cases and 96 stakeholder interviews in six UK hospitals.Ethical analysisFour moral questions and associated value conflicts were (...) identified. Who should have the right to decide whether a patient needs to be reviewed? Conflicting perspectives on safety/security. Does the benefit to the patient of getting the decision right justify the cost to the patient of a delay in making the decision? Preventing longer-term suffering and understanding patient’s values conflicted with preventing short-term suffering and provision of security. To what extent should the intensivist gain others’ input? Professional independence versus a holistic approach to decision-making. Should the intensivist have an ongoing duty of care to patients not admitted to ICU? Short-term versus longer-term duty to protect patient safety. Safety and security were key values at stake in the ethical conflicts identified. The life-threatening nature of the situation meant that the principle of autonomy was overshadowed by the duty to protect patients from harm. The need to fairly balance obligations to the referred patient and to other patients was also recognised.ConclusionProactive decision-making including advance care planning and escalation of treatment decisions may support the inclusion of patient autonomy. However, our analysis invites binary choices, which may not sufficiently reflect reality. This calls for a complementary relational ethics analysis. (shrink)

Cohen (1981) and others have made an interesting argument for the thesis that humans are rational: normative principles of reasoning and actual human reasoning ability cannot diverge because both are determined by the same process involving our intuitions about what constitutes good reasoning as a starting point. Perhaps the most sophisticated version of this argument sees reflective equilibrium as the process that determines both what the norms of reasoning are and what actual cognitive competence is. In this essay, I will (...) evaluate both the general argument that humans are rational and the reflective equilibrium argument for the same thesis. While I find both accounts initially appealing, I will argue that neither successfully establishes that humans are rational. (shrink)

Cornell realism (CR), a prominent meta-ethical position that has emerged since the last decades of the twentieth century, proposes a non-reductionist naturalistic account of moral properties and facts. This paper argues that the best version of CR’s chosen methodology for arriving at justified moral beliefs must be seen as a variant of reflective equilibrium. In comparison to the traditional versions, our proposal offers a ‘social’ reinterpretation of reflective equilibrium in delineating CR’s epistemology. We argue that it satisfactorily accounts for objectivity (...) and calls for the inclusion of the social nature of both moral and scientific inquiries. Emphasising the social dimension of their epistemological account also nudges debates in metaethics into incorporating the much-needed social dimension while dealing with questions of moral beliefs and facts that have been of CR’s concern. (shrink)

The lingering mystery of John Rawls’s reflective equilibrium is that its nature is unclear. Rawls at times suggests he is merely describing people’s conceptions of justice, whereas at other times he implies that his reflective equilibrium is a way to justify his conception of justice. Faced with seemingly conflictual passages, most scholars privilege the justificatory ones. However, I argue that this is not an effective strategy because understanding how the descriptive and justificatory aspects of reflective equilibrium fit together is the (...) key to unlocking its nature and actual force. This paper compares Rawls’s method to the philosophical method of later Wittgenstein in his so-called private language argument to argue how the descriptive and justificatory aspects of Rawls’s reflective equilibrium fit together. In my view, both philosophers’ methods are descriptive clarifications of our unclear conceptions. However, their clarification is not just descriptive; they also aim at their readers achieving enlightenment. Importantly, I argue, that enlightenment offers us justification of the conception resulting from their clarification. Hence, their methods are justificatory as well. Finally, I claim that this way of understanding reflective equilibrium makes us realise how Rawls could respond to a prominent objection to it. (shrink)

In a 1981 letter to H.L. A. Hart, John Rawls sketches a view of moral objectivity that substantially differs from that of contemporary constructivists. The view he describes does not rely on constitutive features of agency as Korsgaard's does, and it does not bottom out in a form of realism as Scanlon's moral theory does. Instead, Rawls's view grounds objectivity on the fundamental conceptions that could be shared in wide reflective equilibrium. Constructivism grounds objectivity in a kind of intersubjectivity, and (...) Rawls finds the relevant kind of intersubjectivity in the alignment between fundamental convictions. This article develops this Rawlsian view of objectivity and highlights its strengths. (shrink)

Rationale, aims and objectives: Bioethics and professionalism are standard subjects in medical training programmes, and these curricula reflect particular representations of meaning and practice. It is important that these curricula cohere with the actual concerns of practicing clinicians so that students are prepared for real-world practice. We aimed to identify ethical and professional concerns that do not appear to be adequately addressed in standard curricula by comparing ethics curricula with themes that emerged from a qualitative study of medical practitioners. Method: (...) Curriculum analysis: Thirty-two prominent ethics and professionalism curricula were identified through a database search and were analysed thematically. Qualitative study: In-depth, semi-structured interviews were conducted with 20 medical practitioners. Participants were invited to reflect upon their perceptions of the ways in which values matter in their practices and their educational experiences. The themes emerging from the two studies were compared and contrasted. Results: While representations of meaning and value in ethics and professionalism curricula overlap with the preoccupations of practicing clinicians, there are significant aspects of ‘real-world’ clinical practice that are largely ignored. These fell into two broad domains: ‘sociological’ concerns about enculturation, bureaucracy, intra-professional relationships, and public perceptions of medicine; and epistemic concerns about making good decisions, balancing different kinds of knowledge, and practising within the bounds of professional protocols. Conclusions: Our findings support the view that philosophy and sociology should be included in medical school and specialty training curricula. Curricula should be reframed to introduce students to habits of thought that recognize the need for critical reflection on the social processes in which they are embedded, and on the philosophical assumptions that underpin their practice. (shrink)

This article makes a case for wide reflective equilibrium in doing African epistemology. It argues that on the issue of formulating a viable theory of knowledge, such an approach is more promising than the extant dominant approaches, namely the method of ethno-epistemology and the method of particularistic studies. More specifically, wide reflective equilibrium articulates a proper balance between philosophy and culture and endows a theory of knowledge with multiple sources of normativity.

According to an influential characterisation of reflective equilibrium, it is a kind of algorithm for licensing explicitly normative claims in philosophical inquiries. Call this the machine-view of reflective equilibrium. The machine-view implies a causal relation between input and output data that is devoid of human agency in any significant sense. In this paper, I argue for a neo-Aristotelian alternative view. According to this view, the judgement that is called forth in the decision procedure of reflective equilibrium is a rational response (...) of an epistemic agent, which integrates the whole of her character as a knower, both cognitive and affective, and which cannot be reduced to the explicit following of rules or an algorithm. Unlike the machine-view, this alternative account is able to support the dynamic structure and the normative status of the decision procedure. (shrink)

In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...) equilibrium” is on a par with Kant's concept of “transcendental deduction.” Treating these two approaches to justification as paradigmatic, I consider their respective merits in meeting the reflexive challenge, i.e., in offering a justification for choice of mode of justification. My enquiry into this topic comprises three parts. In this first part, I raise the issue of the reflexivity of justification and question whether the reflexive challenge can be met within the framework of A Theory of Justice. (shrink)

Rawlsian liberalism is best understood and defended on the basis of a concrete but widely shared ideal of the person as a rational agent capable of normative self?determination in the proper political and economic conditions. In Rawls? recent works, this neo?Kantian ideal of free moral personality is no longer understood as a requirement of rational or moral agency as such, but is a concrete historical ideal or meta?value presupposed by the living tradition of liberal?democratic judgment and practice, which reason can (...) recover through a critical reflection upon this tradition. Read in this way, Rawls? theory of social justice articulates a quite powerful, rational, concrete, historical, and social dimension of modern political identity, which the critics of liberalism cannot plausibly deny. But there are other rival, powerful bourgeois?individualist and patriarchal ideals of personhood, equally rooted in modern political judgments and practices, which Rawlsian liberalism ignores, and which taken together generate the social tensions, instabilities, and conflicts of social justice characteristic of modern liberal?democratic society. Rawlsian theory and liberal political thought requires but essentially lacks a conception of moral reason adequate to comprehend and mediate these normative incoherences built into modern Western political identity. A larger more adequate paradigm of moral reason and political theory is required to overcome these deficiencies. (shrink)

Ever since the introduction of reflective equilibrium in ethics, it has been argued that reflective equilibrium either leads to moral relativism, or that it turns out to be a form of intuitionism in disguise. Despite these criticisms, reflective equilibrium remains the most dominant method of moral justification in ethics. In this paper, I therefore critically examine the most recent attempts to defend the method of reflective equilibrium against these objections. Defenders of reflective equilibrium typically respond to the objections by saying (...) that either reflective equilibrium can in fact safeguard moral objectivity or alternatively, even if it cannot, that there simply are no reasonable alternatives. In this paper, I take issue with both responses. First, I argue that given the non-foundationalist aspirations of reflective equilibrium, moral objectivity cannot be maintained. Second, I argue that reflective equilibrium is not the only game in town once intuitionism has been discarded. I argue that given their own normative ambitions, combined with their rejection of intuitionism, proponents of reflective equilibrium have reason to take alternative methods of moral justification, and more specifically transcendental arguments, more seriously than they have done so far. I end by sketching the outlines of what this alternative methodology might look like. (shrink)

In 1973, Richard Sylvan began his seminal essay, "Do We Need a New, an Environmental Ethic?" with these words: "It is increasingly said that ... Western civilization ... stands in need of a new ethic ... setting out people's relations to the natural environment." In the intervening years, it has increasingly been said that Western civilization is in need of ecocentrism, an ethic according to which a thing's value is derived from its contribution to the integrity, stability, and beauty of (...) ecosystems. Do those interested in agricultural ethics need a new, an ecocentric, ethic? I argue that the answer is no. Agriculturalists must look elsewhere for an adequate ethic setting out our relations to the natural environment. (shrink)

Since his article, ‘Outline for a Decision Procedure in Ethics,’ John Rawls has advocated a coherentist moral epistemology according to which moral and political theories are justified on the basis of their coherence with our other beliefs, both moral and nonmoral. A moral theory which is maximally coherent with our other beliefs is in a state which Rawls calls ‘reflective equilibrium’. In A Theory of Justice Rawls advanced two principles of justice and claimed that they are in reflective equilibrium. He (...) defended this claim by appeal to a hypothetical contract; he argued that parties in a position satisfying certain informational and motivational criteria, which he called ‘the original position,’ would choose the following two principles of justice to govern the basic structure of their society. (shrink)

In this paper, I analyze the particular conception of reciprocal justification proposed by Nelson Goodman and incorporated by John Rawls into what he called reflective equilibrium. I propose a way of avoiding the twin dangers which threaten to push this idea to either of two extremes: the reliance on epistemically privileged observation reports (or moral judgments in Rawls version), which tends to disrupt the balance struck between the two sides of the equilibrium and to re-establish a foundationalism; and the denial (...) of any privileged status to such reports (or judgments), which makes the equilibrium into a theoretical monolith. (shrink)

Public justification in political liberalism is often conceptualized in light of Rawls’s view of its role in a hypothetical well-ordered society as an ideal or idealizing form of justification that applies a putatively reasonable conception of political justice to political matters. But Rawls implicates a different idea of public justification in his doctrine of general reflective equilibrium. The paper engages this second, more fundamental idea. Public justification in this second sense is actualist and fundamental. It is actualist in that it (...) fully enfranchises actual reasonable citizens. It is fundamental in that political liberalism qualifies conceptions of political justice as reasonable to begin with only if they can be accepted coherently by actual reasonable citizens. Together, these features invite the long-standing concern that actualist political liberalism is objectionably exclusionary. I argue that the exclusion objection, while plausible, is more problematic in own right than it seems if actualist and fundamental public justification hypotheticalizes and discursive respect is compatible with substantive discursive inequality. This leaves proponents and critics of political liberalism with deeper questions about the nature of permissible discursive inequality in public justification. (shrink)

1. The question “Why do we have the rights we do?” obviously presupposes that we do have some rights; that is, that propositions of the form ‘We have the right to x,’ or of the form ‘We have the right to do x,’ are true for certain values of x. The same issues would arise if the original question had been formulated, or were to be reformulated, as it sometimes is, in a purely existential manner, viz., “Why are there the (...) rights there are?” I believe there is no difference between the two questions except a verbal one; at least, both of them share the same existential presupposition to the effect that there are certain rights. I mention this point for two reasons. One is merely to acknowledge the trivial but true point that the question in my title does have an existential presupposition. The second and more important point is that since I shall have very little to say about any actual rights, I would not want anyone to infer from my silence that I do not think we have any rights. I accept the presupposition of my original question, but I shall not dwell upon it. 2. One might ask my original question and mean by rights, legal rights, that is, rights identified through the legal provisions of some legal system. That is not the sense in which I pose the question. It is true that a legal positivist would be able to give no intelligible meaning to my question except by treating it as equivalent to asking, “Why do we have the legal rights we do?” However, since I am not a legal positivist, I want my question understood in another way. (shrink)

In this book, Toby Svoboda develops and defends a Kantian environmental virtue ethic, challenging the widely-held view that Kant's moral philosophy takes an instrumental view toward nature and animals and has little to offer environmental ethics. On the contrary, Svoboda posits that there is good moral reason to care about non-human organisms in their own right and to value their flourishing independently of human interests, since doing so is constitutive of certain virtues. Svoboda argues that Kant’s account of indirect duties (...) regarding nature can ground a compelling environmental ethic: the Kantian duty to develop morally virtuous dispositions strictly proscribes unnecessarily harming organisms, and Svoboda argues that this duty compels us to act in ways that benefit non-human organisms, given that doing so can enhance one’s virtues. Svoboda’s argument engages the recent literature on environmental virtue and provides an original argument for an environmental virtue ethic firmly rooted in Kant’s moral philosophy. (shrink)

The aim of the book is to uncover the relation between market and justice through the critical examination of the work of Friedrich Hayek. The book argues for the following thesis: the institution of free market is not the only candidate social system; substantial, not merely formal distributive justice must become the central virtue of our social institutions. Notwithstanding its achievements and virtues, the Hayekian theory makes a simple mistake by equivocating possible social systems, dividing them into two groups. One (...) is the world of liberty and free market where people follow the general and abstract rules of conduct, accepting the outcome of market processes, be those good or bad. The other is the world of coercion and repression in which organized distributive instituions dominate and free market is non-existent. According to Hayek’s famous thesis, although freedom is possible in the latter world, we are nevertheless already on the road to serfdom: this fate is inevitable. In this dichotomy the decision is indeed simple. If justice is nothing else but the Trojan horse of oppression, then it is indeed a dangerous and unworkable ideal. However, if this dichotomy does not hold and there is a variety of acceptable social systems, then justice may become the central virtue of institutions, thereby contradicting Hayek’s theory. In the second half of the book I present this alternative, justice-governed social system in more detail. (shrink)

John Rawls is famous for two things: his attempt to ground morality in rationality and his conception of justice as fairness. He has developed and polished both in conjunction over the course of half a century. Yet the moral principles he advocates have always been more doctrinaire than the corresponding justification model should have ever allowed with design details explicitly promising objectivity. This article goes to the beginning, or to a reasonable proxy for it, in the “Outline of a Decision (...) Procedure for Ethics,” with the aim of exposing and examining the discrepancy where it originates. The goal is not to prey on the earliest version of an initiative later undergoing revision but to identify and investigate the inception of a systematic bias that is retained rather than revised in subsequent iterations. (shrink)

Thesis (Ph. D.)--University of Hawaii at Manoa, 1991.

La definición estándar del conocimiento intenta concebir el conocimiento proposicional como una creencia verdadera y justificada, y, con su modo de proceder, genera una serie de graves problemas. En respuesta a esto, este ensayo investiga un modelo interpretativo prometedor y alternativo del conocimiento como estructura o sistema que se acopla a las reflexiones de Nelson Goodman. A partir de una amplia base constituida por la teoría de los símbolos, es posible desarrollar un concepto de conocimiento plural y procesal que se (...) puede adecuar tanto a la pluralidad de distintos modos de conocimiento, como también a sus transformaciones históricas. En ello tiene un papel decisivo la interpretación de la comprensión como un proceso constructivo que sirve como punto de partida para realizar una descripción teórica de una dinámica transformativa. Del análisis de la relación entre procesos de comprensión y conocimiento se deriva un nuevo punto de vista que deja surgir con claridad el rasgo procesal del conocimiento y sus características específicas. Este artículo ofrece una base para una mayor diferenciación del ámbito epistémico en cuyo marco el concepto de conocimiento puede ser rehabilitado. (shrink)

The thesis examines the theoretical relationship between law and ethics. Its methodology is informed by both the existentialist tradition of ethical phenomenology and the natural law tradition in legal theory. The main claim of the thesis is that a phenomenological analysis of ethical experience, as suggested by the writings of existentialist authors such as Jean-Paul Sartre and Emmanuel Levinas, provides important support for the natural law tradition. This claim is developed and defended through detailed engagement with the natural law theory (...) of John Finnis. Specifically, I contend that Finnis’ account of moral reasoning as applying the principles of practical reasonableness to a context of self-evident, basic values gains significant support from a phenomenological theory of ethical experience. Finnis’ emphasis on the irreducible role of choice in moral deliberation also finds support in the existentialist tradition. However, I criticise some key aspects of Finnis’ theory, including his emphasis on the transcendental character of the basic values and his account of legal obligation. I begin by outlining some central features of the existentialist approach to philosophy. I advance an interpretation of existentialism as ethical phenomenology. I then discuss some possible methodological connections between the existentialist and natural law traditions. This discussion provides the methodological framework for the remainder of the thesis. The thesis develops and defends a substantially original theory of the relationships between law, ethics and politics. The exposition begins with an account of the relationship between law and community that draws upon the work of Finnis and G. W. F. Hegel. I then outline a phenomenological theory of ethical experience, drawing in particular on the writings of Sartre and Levinas. I employ this phenomenological account of ethics to develop a conception of moral reasoning as reflective, good faith engagement with pre-reflective social judgements of ethical significance. This view of ethical experience and moral reasoning is then used as the basis for an examination of the concept of law and its relationship to political discourse. I turn next to the notions of legal authority and obligation. I argue that law, in the focal sense of the term, presents a generic, peremptory obligation that is necessarily moral in character. In the course of the argument, I critically discuss the conceptions of legal authority proposed by Joseph Raz, Adolf Reinach, H. L. A. Hart, John Rawls, Finnis, Jacques Derrida and Hans Kelsen. This view of legal obligation entails there are fundamental moral conditions that positive rules must satisfy to qualify as law, in the focal sense. I explore the nature of the moral framework created by these conditions through a detailed analysis of the ethical foundations of political discourse. I argue that political discourse is founded upon an ontological apprehension of the nature of humans as free, ethical beings, which finds expression in a developed notion of political freedom. I suggest that the distinction between positive and negative forms of freedom advanced by Isaiah Berlin is best understood in terms of the different types of political claims invoked by those conceptions. I develop this theory by reference to the work of Charles Taylor, Gerald C. MacCallum, Wesley Newcomb Hohfeld, W. D. Ross, Robert Nozick and F. A. Hayek. I conclude by discussing the role of ethical experience in the interpretation of legal materials. I argue that ethical judgements play an irreducible role in constructing the natural interpretive context for judicial reasoning. I engage with the work of Hart, Lon L. Fuller, Martin Heidegger, Hans-Georg Gadamer, Ferdinand de Saussure and Ronald Dworkin, among others. In the final substantive chapter of the thesis, the potential for ethical judgements to play a constructive role in judicial action is illustrated through a detailed discussion of the doctrine of government neutrality. (shrink)

Reflective equilibrium has been considered a paradigm method involving intuitions. Some philosophers have recently claimed that it is trivial and can even accommodate the sort of scepticism about the reliability of intuitions advocated by experimental philosophers. I discuss several ways in which reflective equilibrium could be thought of as trivial and argue that it is inconsistent with scepticism about the reliability of intuitions.

This paper deals with the third and most disputed principle of John Rawls’s theory of justice: the so-called difference principle. My reasoning has three parts. I first present and examine the principle. My investigation is driven by three questions: what considerations lead Rawls to the acceptance of the principle; what the principle’s relation to effectiveness is; and what and how much the principle demands. A proper understanding of the principle permits me to spend the second half of the paper with (...) exploring the difficulties the principle encounters. I first discuss four well-known objections and argue that all of them, partly or entirely, hold against the principle. I then discuss the applicability of the principle with special attention to the relations among the three Rawlsian principles and the notion of the social minimum. Investigation of the first issue shows that the two other principles leave enough room for the difference principle, whereas in the second case I conclude that parties to the Rawlsian original position would prefer a social minimum principle to the difference principle. Finally, at the end of the paper, I briefly summarize my reasoning repeating its most important findings. (shrink)