The paper makes a twofold contribution. Firstly, it advances a preliminary account of the conditions that need to obtain for constitutional rights to be democratic. Secondly, in so doing, it defends precommitment-based theories from a criticism raised by Jeremy Waldron—namely, that constitutional rights do not become any more democratic when they are democratically adopted, for the people could adopt undemocratic policies without such policies becoming democratic as a result. The paper shows that the reductio applies to political rights, yet not (...) to non-political rights, such as reproductive, environmental, or privacy rights. The democratic status of the former is process-independent. The latter, by contrast, are democratic precisely when they are adopted by democratic means. (shrink)

In this chapter, I articulate the structure of a general concept of autonomy and then reply to possible objections with reference to Ulysses arrangements in psychiatry. The line of argument is as follows. Firstly, I examine three alternative conceptions of autonomy: value-neutral, value-laden, and relational. Secondly, I identify two paradigm cases of autonomy and offer a sketch of its concept as opposed to the closely related freedom of action and intentional agency. Finally, I explain away the autonomy paradox, to which (...) the previously identified pair of paradigm cases seems to give rise in the context of mental disorder. By addressing this paradox, we learn two valuable lessons. The first is about the relationships between the three conceptions of autonomy above. The second is about the relationship between autonomy and mental disorder. (shrink)

This paper surveys some of the central issues in the philosophy of creativity and argues that an adequate treatment of them requires attention to the rich psychological literature on creativity. It also shows that the range of interesting philosophical questions to be raised about creativity is much wider than concerns its role in art. Issues covered include the definition of ‘creativity’; the relation of creativity to imagination; whether the creative process is rational; whether it is teleological; the relation of creativity (...) to knowledge; whether creativity can be explained; computational and Darwinian theories of creativity; whether creativity is a virtue; the relation of creativity to tradition; the aesthetic value of creativity; and whether creative activity is different in science and art. (shrink)

This project tackles the problem of analyzing a specific form of reasoning called ‘sunk costs’ in economics and ‘argument from waste’ in argumentation theory. The project is to build a normative structure representing the form of the argument, and then to apply this normative structure to actual cases in which the sunk costs argument has been used. The method is partly structural and partly empirical. The empirical part is carried out through the analysis of case studies of the sunk costs (...) argument found in business decision-making, as well as other areas like medical decision-making and everyday conversational argumentation. The structural part is carried out by using existing methods and techniques from argumentation theory, like argumentation schemes. The project has three especially significant findings. First, the sunk costs argument is not always fallacious, and in many cases it can be seen to be a rational precommitment strategy. Second, a formal model of argumentation, called practical reasoning, can be constructed that helps a rational critic to judge which sunk costs arguments are fallacious and which are not. Third, this formal model represents an alternative model of rationality to the cost-benefit model based on Bayesian calculation of probabilities. This alternative model is called the argumentation model, and it is based on interpersonal reasoning in dialogue as the model of rational thinking. This model in turn is based on the underlying notion of commitment in dialogue. (shrink)

Many situations in human life present choices between (a) narrowly preferred particular alternatives and (b) narrowly less preferred (or aversive) particular alternatives that nevertheless form part of highly preferred abstract behavioral patterns. Such alternatives characterize problems of self-control. For example, at any given moment, a person may accept alcoholic drinks yet also prefer being sober to being drunk over the next few days. Other situations present choices between (a) alternatives beneficial to an individual and (b) alternatives that are less beneficial (...) (or harmful) to the individual that would nevertheless be beneficial if chosen by many individuals. Such alternatives characterize problems of social cooperation; choices of the latter alternative are generally considered to be altruistic. Altruism, like self-control, is a valuable temporally-extended pattern of behavior. Like self-control, altruism may be learned and maintained over an individual's lifetime. It needs no special inherited mechanism. Individual acts of altruism, each of which may be of no benefit (or of possible harm) to the actor, may nevertheless be beneficial when repeated over time. However, because each selfish decision is individually preferred to each altruistic decision, people can benefit from altruistic behavior only when they are committed to an altruistic pattern of acts and refuse to make decisions on a case-by-case basis. (shrink)

Rachlin's thought-provoking analysis could be strengthened by greater openness to evolutionary interpretation and the use of the directed attention concept as a component of self-control. His contribution to the understanding of prosocial behavior would also benefit from abandoning the traditional (and excessively restrictive) definition of altruism.

Metaphors abound in both the arts and in science. Due to the traditional division between these enterprises as one concerned with aesthetic values and the other with epistemic values there has unfortunately been very little work on the relation between metaphors in the arts and sciences. In this paper, we aim to remedy this omission by defending a continuity thesis regarding the function of metaphor across both domains, that is, metaphors fulfill any of the same functions in science as they (...) do in the arts. Importantly, this involves the claim that metaphors in arts as well as science have both epistemic and aesthetic functions. (shrink)

Despite the recent upsurge of interest in the investigation of creativity, the question of how to measure creativity is arguably underdiscussed. The aim of this paper is to address this gap, proposing a multidimensional account of creativity which identifies problem-solving, evaluation, and naivety as measurable features that are common among creative processes. The benefits that result from the adoption of this model are twofold: integrating discussions on creativity in various domains and offering the tools to assess creativity across systems of (...) different kinds. By situating creativity within this framework, I aim to contribute to a non-anthropocentric, more comprehensive understanding of the notion, and to debates on natural and artificial creativity. (shrink)

Efficiency requires legislative political institutions. There are many ways efficiency can be promoted, and so an ongoing legislative institution is necessary to resolve this choice in a politically sustainable and economically flexible way. This poses serious problems for classical liberal proposals to constitutionally protect markets from government intervention, as seen in the work of Ilya Somin, Guido Pincione & Fernando Tesón and others. The argument for the political nature of efficiency is set out in terms of both Pareto optimality and (...) aggregate welfare maximisation, and similar arguments can be generalised to other social values. (shrink)

Patients with borderline personality disorder (BPD) sometimes request to be admitted to hospital under compulsory care, often under the argument that they cannot trust their suicidal impulses if treated voluntarily. Thus, compulsory care is practised as a form of Ulysses contract in such situations. In this normative study we scrutinize the arguments commonly used in favour of such Ulysses contracts: (1) the patient lacking free will, (2) Ulysses contracts as self-paternalism, (3) the patient lacking decision competence, (4) Ulysses contracts as (...) a defence of the authentic self, and (5) Ulysses contracts as a practical solution in emergency situations. In our study, we have accepted consequentialist considerations as well as considerations of autonomy. We conclude that compulsory care is not justified when there is a significant uncertainty of beneficial effects or uncertainty regarding the patient’s decision-making capacity. We have argued that such uncertainty is present regarding BPD patients. Hence, Ulysses contracts including compulsory care should not be used for this group of patients. (shrink)

If A is better than B and B is better than C, then A is better than C, right? Larry Temkin and Stuart Rachels say: No! Betterness is nontransitive, they claim. In this paper, I discuss the central type of argument advanced by Temkin and Rachels for this radical idea, and argue that, given this view very likely has sceptical implications for practical reason, we would do well to identify alternative responses. I propose one such response, which employs the idea (...) that rational agents might regard some options as incommensurate in value, and will reasonably employ a heuristic of status quo maintenance to avoid suboptimal choices from incommensurate goods. (shrink)

I offer an explanation for why certain sequences of decisions strike us as irrational while others do not. I argue that we have a standing desire to tell flattering yet plausible narratives about ourselves, and that cases of diachronic behavior that strike us as irrational are those in which you had the opportunity to hide something unflattering and failed to do so.

There is something very appealing about the idea that we are epistemic agents. One reason—if not the main reason—is that, while we are undoubtedly fallible creatures, us being epistemic agents that do things means that it might just be within our power to improve and thereby do better. One important way in which we would want to improve is in relation to our well-established tendency for cognitive bias. Still, the proper role of epistemic agency in us avoiding or correcting for (...) cognitive bias is highly limited. In fact, what we know from empirical psychology—particularly with respect to our tendencies for overconfidence—suggests that we cannot rely on ourselves for epistemic improvement, and have good reason to impose significant constraints on our ability to exercise such agency in ameliorative contexts. (shrink)

There is a remedy available for many of our ailments: Psychopharmacology promises to alleviate unsatisfying memory, bad moods, and low self-esteem. Bioethicists have long discussed the ethical implications of enhancement interventions. However, they have not considered relevant evidence from psychology and economics. The growth in autonomy in many areas of life is publicized as progress for the individual. However, the broadening of areas at one’s disposal together with the increasing individualization of value systems leads to situations in which the range (...) of options asks too much of the individual. I scrutinize whether increased self-determination and unbound possibilities are really in a person’s best interests. Evidence from psychology and economics challenges the assumption that unlimited autonomy is best in all cases. The responsibility for autonomous self-formation that comes with possibilities provided by neuro-enhancement developments can be a burden. To guarantee quality of life I suggest a balance of beneficence, support, and respect for autonomy. (shrink)

Our emotional lives are full of temporal asymmetries. Salient among these is that we tend to feel differently about painful or unpleasant events depending on their temporal location: we feel anxiety or trepidation about painful events we anticipate in the future, and relief when they are over. One question, then, is whether temporally asymmetric emotions such as relief have any ramifications for the metaphysics of time. On what has become the standard way of finessing this question, the asymmetry of relief (...) is an instance of the phenomenon of future-bias, a tendency to prefer painful events to be located in the past than in the future. The main question then posed is whether this pattern of preferences can be justified in the light of different metaphysical theories of time. In this paper I argue that this whole dialectic is misconceived. While many people may have future-biased preferences and these are a legitimate object of psychological study, this should be distinguished from the more basic phenomenon of relief that an unpleasant experience is over. Acknowledging the distinctness of these phenomena has two main consequences. First, if relief is not a manifestation of a time-biased preference, it is unclear what it would be for it to be justified or unjustified. This, in turn, should lead us to reassess how the psychology of relief bears on our metaphysical commitments. As I shall suggest, the real significance of the temporally asymmetric emotions for the metaphysics of time is that they manifest, and so reflection on them serves to draw our attention to, a structural feature of our awareness of the passage of time that resists re-articulation in other terms. (shrink)

This is an interdisciplinary article providing an account of a phenomenon that is quite widespread but has been thus far mostly neglected by scholars: the overuse of digital technologies. Digital overuse can be defined as a usage of digital technologies that subjects perceive as dissatisfactory and non-meaningful a posteriori. DO has often been implicitly conceived as one of the main obstacle to so-called digital well-being. The article is structured in two parts. The first provides a definition of the phenomenon and (...) a brief review of the explanations provided by various disciplines, in particular psychology and the evolutionary and behavioural sciences. Specifically, the article distinguishes between the endogenous and exogenous factors underlying digital overuse, that is between causes that seem to be intrinsic to digital technologies, and design techniques intentionally aimed at nudging users towards this behaviour. The second part is devoted to a discussion of the ethical concerns surrounding the phenomenon of the overuse of digital technologies, and how it may be possible to reduce such overuse among users. (shrink)

Academic freedom has often been defended in a progressivist manner: without academic freedom, creativity would be in peril, and with it the advancement of knowledge, i.e. the epistemic progress in science. In this paper, I want to critically discuss the limits of such a progressivist defense of academic freedom, also known under the label ‘argument from truth.’ The critique is offered, however, with a constructive goal in mind, namely to offer an alternative account that connects creativity and academic freedom in (...) a way that goes beyond mere reference to epistemic progress and involves reference to the freedom to think independently as the freedom we mean when we point to creativity and when we point to academic freedom. The resulting causal independence account is not only epistemologically stronger than a progressivist account, it also allows to counter the curbing of academic freedom in the name of progress. The latter becomes key, for instance, when authoritarian political regimes limit or negate academic freedom with reference to an epistemic progress suitably defined for that regime. (shrink)

For people with Bipolar Affective Disorder, a self-binding (advance) directive (SBD), by which they commit themselves to treatment during future episodes of mania, even if unwilling, can seem the most rational way to deal with an imperfect predicament. Knowing that mania will almost certainly cause enormous damage to themselves, their preferred solution may well be to allow trusted others to enforce treatment and constraint, traumatic though this may be. No adequate provision exists for drafting a truly effective SBD and efforts (...) to establish such provision are hampered by very valid, but also paralysing ethical, clinical and legal concerns. Effectively, the autonomy and rights of people with bipolar are being 'protected' through being denied an opportunity to protect themselves. From a standpoint firmly rooted in the clinical context and experience of mania, this article argues that an SBD, based on a patient-centred evaluation of capacity to make treatment decisions (DMC-T) and grounded within the clinician-patient relationship, could represent a legitimate and ethically coherent form of self-determination. After setting out background information on fluctuating capacity, mania and advance directives, this article proposes a framework for constructing such an SBD, and considers common objections, possible solutions and suggestions for future research. (shrink)

In this review, I discuss recent advances in philosophical and psychological approaches to self-control. The review is divided in 4 parts, in which I discuss: a) different conceptions of self-control; b) standard methods for studying it; c) some models of how self-control is exercised; and d) the connections between self-control and other relevant psychological constructs. The review was originally commissioned by the John Templeton Foundation to provide an informative overview that would knit together different strands of current debates in the (...) field. It is meant to be useful to well-informed audiences, as well as new-comers to the discussion. (shrink)

In this essay; I explore the ambiguity of the competition’s title “Constitutions as Chains”; and distinguish between two intergenerational challenges in constitution-making: the challenge of intergenerationally just constitutional provisions; and the challenge of creating a stable institution which is accepted by successive generations. I prioritise the latter. After contrasting classic ideas of Burke and Paine; I discuss different ways of addressing the challenge; such as the amendability of a constitution; eternity clauses or recurring constitutional assemblies. A flexible approach towards existing (...) constitutional provisions; which is open to future developments; gets the nod. However; a need for empirical research remains. (shrink)

This paper is an analysis of the concept of creativity. Tradition is followed in distinguishing three related but increasing complex concepts. The first concerns mere making or bringing into existence. It is not examined at length. The second builds on the first but includes the notion of novelty. The third incorporates the second but adds the notion of value. The latter two concepts of creativity are explored in great detail.

The purpose of this paper is to propose and consider a new constitutional provision that can contribute to the protection of the vital needs of future generations. The proposal I wish to elaborate can be termed the posterity provision, and it has both substantive and procedural elements. The aim of this constitutional provision is twofold. The first is to encourage state authorities to make more future‐oriented deliberations and decisions. The second is to create more public awareness and improve the process (...) of public deliberation about issues affecting near and remote future generations. It is argued that a good case can be made for the proposed reforms compared with alternative substantive constitutional environmental provisions found in existing constitutions and in the literature on legal and political theory. The main reason for this is that the proposed law constitutes a better and more adequate basis for judicial enforcement than the alternatives, which tend to be very vague or unclear. In this connection, I contend that there are both epistemological and moral reasons for introducing constitutional provisions that focus on the protection of critical natural resources essential for meeting the basic physiological needs of future people. It is also argued that the posterity provision can be defended on the basis of central ideas and ideals in recent theory of deliberative democracy. (shrink)

Constitutions enshrine the fundamental values of a people and they build a framework for a state’s public policy. With regard to generational change, their endurance gives rise to two interlinked concerns: the sovereignty concern and the forgone welfare concern. If constitutions are intergenerational contracts, how (in)flexible should they be? This article discusses perpetual constitutions, sunset constitutions, constitutional reform commissions and constitutional conventions, both historically and analytically. It arrives at the conclusion that very rigid constitutions are incompatible with the principle of (...) intergenerational justice. Recurring constitutional reform commissions in fixed time intervals would give each generation of citizens a say without leaning too much to the side of flexibility. (shrink)

There is a great deal of plausibility to the standard view that if one is rational and it is clear at the time of action that a certain move, say M1, would serve one’s concerns better than any other available move, then one will, as a rational agent, opt for move M1. Still, this view concerning rationality has been challenged at least in part because it seems to conflict with our considered judgments about what it is rational to do in (...) cases of temptation that share the structure of Warren Quinn’s self-torturer case. I argue that there is a way to accomodate our considered judgments about the relevant cases of temptation without giving up the standard view or dismissing, as in some way rationally defective, the concerns of the agents in the relevant cases. My reasoning relies on the idea that, at least in some cases, whether an action serves one’s concerns well depends on what action(s) or course(s) of action it is part of. In the final section of the paper, I explain how this idea sheds light on an important source of frustration in collective decision-making. (shrink)

In the spirit of the discussion in Daniel Kolak’s I Am You: The Metaphysical Foundation for Global Ethics, I consider the way in which divisions that we usually think of as borders between distinct people occur within a single life. Starting with the dispute between constructionist and non-constructionist views of persons, I argue for a view that places the unity of persons in the dynamic generated by simultaneously taking a constructionist and non-constructionist view of oneself. In order to unify ourselves (...) as agents we need to treat past and future selves as others, but to motivate this endeavor we need to think of ourselves as temporally extended agents, and so identify with past and future selves. Understanding this dynamic illuminates the structure of our agency and the unity of the self. (shrink)

In this paper I address the issue of narrativity in music. The central question is the extent to which pure instrumental music in the classical tradition can or should be understood as narrative, that is, as narrating a story of some kind. I am interested in the varying potential and aptness for narrative construal of different sorts of instrumental music, and in what the content of such narratives might plausibly be thought to be. But ultimately I explore, at greater length, (...) an alternative way of construing musical process, namely, as dramatic rather than narrative in nature, following the lead of two musicologists, Anthony Newcomb and Fred Maus. After a comparison of the respective merits of narrative and dramatic construals of music, the paper concludes with an illustrative reading, in dramatic mode, of part of the opening movement of Schubert's Piano Sonata in A minor, D. 845. (shrink)

When discussing the general inertia in climate change mitigation, it is common to approach the analysis either in terms of epistemic obstacles (climate change is too scientifically complex to be fully understood by all in its dramatic nature and/or to find space in the media) and/or moral obstacles (the causal link between polluting actions and social damage is too loose, both geographically and temporally, to allow individuals to understand the consequences of their emissions). In this chapter I maintain that both (...) categories of obstacles now play a secondary role: many people have a clear understanding of the physical and social dynamics involved in climate change. The main reason why so few manage to reduce their ecological footprint is an ethical short-circuit that does not allow most people to reveal their “true” climate-related preferences in their daily choices. This short-circuit manifests itself in two phenomena that can be analysed through the lens of moral psychology. First, as the possibility of anticipated utility approaches, individuals further discount expected future utility and may even reverse their preferences (due to the so-called immediacy multiplier, in addition to the better known and discussed future utility discounting). Second, individuals struggle to order their preferences transitively when presented with the opportunity to obtain small net marginal utilities in the short run. The intertemporal and collective structure of the climate problem creates fertile ground for both phenomena, which means that even those who are sincerely convinced of the need to contribute to climate change mitigation end up trapped in loops of procrastination, both first and second level. If, however, we can understand the origin of these phenomena, then we will be able to devise counteracting solutions that will speed up individual mitigation efforts. I will therefore briefly propose three ethical/public strategies to break the procrastination loop: pre-commitment; increasing the costs of marginal postponements; reducing the disutility of action that is likely to be postponed. (shrink)

This article argues that, contrary to conventional wisdom, Xunzi’s and Hobbes’s understandings of human nature are qualitatively different, which is responsible for the difference in their respective normative political theory of a civil polity. This article has two main theses: first, where Hobbes’s deepest concern was with human beings’ unsocial passions, Xunzi was most concerned with human beings’ appetitive desires ( yu 欲), material self-interest, and resulting social strife; second, as a result, where Hobbes strove to transform the pathological (anti-)politics (...) of resentment into the politics of recognition by creating rational egalitarian citizenship under the all-encompassing constitutional sovereign power, Xunzi attempted to nourish human beings’ basic appetitive desires ( yu 欲) by instituting a li 禮 ordered civil entity. This article concludes by showing how Confucian civility that Xunzi reconstructed by means of the li 禮 can effectively deal with unsocial passions. (shrink)

In modern societies entrepreneurship and innovation are widely seen as key sources of economic growth and welfare increases. Yet entrepreneurial innovation has also meant losses and hardships for some members of society: it is destructive of some stakeholders’ wellbeing even as it creates new wellbeing among other stakeholders. Both the positive benefits and negative externalities of innovation are problematic because entrepreneurs initiate new ventures before their private profitability and/or social costs can be fully recognized. In this paper we consider three (...) analytical frameworks within which these issues might be examined: pre-commitments, contractarianism, and an entrepreneurial framework. We conclude that the intersection of stakeholder theory and entrepreneurial innovation is a potentially rich arena for research. (shrink)

The debate on political constitutionalism has entirely neglected the constitution-making dimension. This is probably due to the fact that constitution-making usually brings with it undesirable outcomes such as the entrenchment of rights or structures. These outcomes do not respect reasonable disagreement among citizens because they violate the only fair system for settling disagreement: majority rule and equal voting rights. This article argues that political constitutionalists may regret the absence of any claim about constitution-making. Either they are overlooking certain problems inherent (...) to the electoral process that is supposed to tackle disagreement or, even worse, they are downplaying the entrenching effect of ordinary political processes by ignoring the redemptive properties of constituent power. In both cases, their claims undermine the political dimension of constitutionalism. (shrink)

Rationale: In this article, I argue that we need a new perspective in the debate on autonomy in medicine, to understand many of the problems we face today – dilemmas that are situated at the intersection of autonomy and heteronomy, such as why well informed and autonomous people make unhealthy lifestyle choices. If people do not choose what they want, this is not simply caused by their lack of character or capability, but also by the fact that absolute autonomy is (...) impossible; autonomous individuals are ‘contaminated’ by heteronymous aspects, by influences from ‘outside’. Consequently, there are many good reasons to question the widely accepted hierarchical opposition of autonomy (progress) versus heteronomy (paternalism) in medicine. In an earlier article an analysis is made of the neologism ‘oughtonomy’ to support the thesis that when it comes down to human existence, autonomy and heteronomy are intertwined, rather than being merely opposites. Methods: In this article, I reflect upon how social conditions might improve our ‘choice architecture’, what Thaler & Sunstein have called ‘nudging’: how to change individual health choices without being paternalistic? I explore the extent to which both oughtonomy and nudging are able to challenge the question of autonomy in today’s medicine. Results and Conclusions: Autonomy may and should be a shared target in today’s medicine, but we should never forget that it is always intertwined with heteronomy. Starting from this perspective, progress in medicine demands far more than the increase of autonomy. (shrink)

This paper is as much about surveillance as about persuasive technologies (PTs). With regard to PTs it raises the question about the ethical limits of persuasion. It will be argued that even some forms of self-imposed persuasive soft surveillance technologies may be considered unethical. Therefore, the ethical evaluation of surveillance technologies should not be limited to privacy issues. While it will also be argued that PTs may become instrumental in pre-commitment strategies, it will also be demonstrated that the use of (...) persuasive surveillance technologies in order to influence the users to become more compliant, to get their consent more easily or making it harder to opt out of the system does give rise to ethical issues. (shrink)

The focus of this study is cognitive choice: the selection of one cognitive option (a hypothesis, a theory, or an axiom, for instance) rather than another. The study proposes that cognitive choice should be based on the plausibilities of states posited by rival cognitive options and the utilities of these options' information outcomes. The proposal introduces a form of decision theory that is novel because comparative; it permits many choices among cognitive options to be based on merely comparative plausibilities and (...) utilities. This form of decision theory intersects with recommendations by advocates of decision theory for cognitive choice, on the one hand, and defenders of comparative evaluation of scientific hypotheses and theories, on the other. But it differs from prior decision-theoretic proposals because it requires no more than minimal precision in specifying plausibilities and utilities. And it differs from comparative proposals because none has shown how comparative evaluations can be carried out within a decision-theoretic framework. (shrink)

Pre-commitment directives or Ulysses contracts are often defended as instruments that may strengthen the autonomous self-control of episodically disordered psychiatric patients. Autonomy is understood in this context in terms of sovereignty ("governing" or "managing" oneself). After critically analyzing this idea of autonomy in the context of various forms of self-commitment and pre-commitment, we argue that what is at stake in using Ulysses contracts in psychiatry is not autonomy as sovereignty, but autonomy as authenticity. Pre-commitment directives do not function to protect (...) autonomous self-control. They serve in upholding the guidance that is provided by one's deepest identity conferring concerns. We elucidate this concept of autonomy as authenticity, by showing how Ulysses contracts protect the possibility of being "a self.". (shrink)

Though falling turnout in recent decades has been recognised as a problem for democracy, the solutions that have been proposed have mostly been drawn from the realms of the marketplace and society, rather than that of democracy. The inadequate empirical theory that subtends many policy initiatives designed to improve turnout accounts for why these initiatives have largely failed to achieve their stated aims. I argue that electoral participation should be seen through the conceptual lens of collective action, and that this (...) approach suggests mandatory electoral participation as an equitable and effective coordination device. I further argue that compulsory turnout offers a good fit with democratic norms of equality, rights and political obligation. (shrink)