Advocates of the Person-Centered Healthcare (PCH) approach say that PCH is a response to a failure of caring for patients as persons. Nevertheless, there are many human subjects falling to fulfill the requirements of a traditional philosophical definition of personhood. Hence, if we take, PCH seriously, a greater clarification of the key terminology of PCH is urgently needed. It seems necessary, for instance, that the concept of the person should be extended in order to include those individuals with insipient or (...) immature levels of consciousness, as well as those who are severely and permanently mentally handicapped. In this article, we will depart from some well-known philosophical concepts of what it means to be a person and try to offer a broader and more inclusive meaning. We suggest that persons are human beings with a socially recognized biography, which implies to recognize as persons individuals with necessities, but also with narratives about their interests and claims, expressed sometimes by other people related to them. This is particularly the case of individuals that suffer from severe disorders of consciousness. For those, is not only care that matters; respect matters too. Caregivers should therefore not only sympathetically care for the well-being of these people; they should also be concerned to respect their interests and claims by interpreting them empathetically, in the light of their biographical story. Our conclusion is that, in order to be coherent, PCH must consider individuals with severe disorders of consciousness as persons and we think that our revised concept of personhood fits with this requirement. (shrink)

그동안 많은 전문서적을 출간한 경험을 가지고 있지만, 이번 출간하는 법과 생활은 생활 현장에서 느낀 바를 진솔하게 담고 있어 독자들이 쉽게 읽을 수 있게 하였다. 항상 법이 무엇인가를 생각하면서 단조로운 일상을 살아야 하는 변호사, 법학교수로서, 우리 주변의 이야기는 빈곤한 사고의 저변을 넓혀 준다. 조선대학교 법사회대학에서 학생들을 가르치는 백면서생이지만, 서울과 광주를 오가면서 한국 사회를 객관적으로 바라볼 수 있는 시간을 가질 수 있었던 것은 본서 출간을 가능하게 한 동인이었다. 본 서는 정밀한 법이론이나 사례 분석, 또는 판례에 대한 학술적 비평을 담고 있지 않다. 다만 (...) 지난 수년간 느껴온 바를 일상의 시간에 연결한 천학비재한 한 법학도의 단상과 에세이 모음집이라 할 수 있다. 페이스북을 통하여 발표된 글들을 정리하여 학술적 외관을 씌운 부끄러운 졸작이다. 그러나 저자로서 작은 소망이 있다면, 그것은 독자들이 함께 살아 온 시간들을 반추하면서, 민주주의와 법치주의의 가치를 조금이라도 음미할 수 있었으면 하는 것이다. (shrink)

Theories of social norms frequently define social norms in terms of individuals’ beliefs and preferences, and so afford individual beliefs and preferences conceptual priority over social norms. I argue that this treatment of social norms is unsustainable. Taking Bicchieri’s theory as an exemplar of this approach, I argue, first, that Bicchieri’s framework bears important structural similarities with the command theory of law; and second, that Hart’s arguments against the command theory of law, suitably recast, reveal the fundamental problems with Bicchieri’s (...) framework. I then draw on Hart’s critique to develop and defend an alternative approach, arguing that we should conceive of social norms as the norms internal to a “socially sanctioned representational practice.” This approach makes social norms conceptually independent of individuals’ beliefs and preferences by locating them within social practices that transcend their individual participants, structuring the social landscape even before individuals form their own beliefs and preferences. (shrink)

What are the main conditions that any theory of human rights should satisfy to guide action? If agents must take action for a fairer world as human rights discourse suggests, this is a crucial question to reflect upon. In this paper, I make a proposal. I argue that any theory of (moral) human rights that guides action on the basis of correlative duties must satisfy three key conditions. The first condition is focused on the specification of act-types, the second concerns (...) the distribution of correlative duties, and the third is focused on the resolution of (resolvable) conflicts of human rights. I show that this proposal has substantive implications because it implies to reject, challenge and, in some cases, resist ideas that are commonly accepted in the literature on human rights. (shrink)

According to a dominant view of stigma, a person is stigmatized within a community if sufficiently many people within that community hold a bad view of her. I call this the 'Bad View Model'. In this paper, I argue against the Bad View Model on the grounds that such beliefs are neither necessary nor sufficient for stigma, and that the account cannot explain the distinctive phenomenology of stigma, including certain vulnerabilities to shame. I then develop an alternative that explains these (...) features of stigma, which I call the 'Shaming Model'. On this view, a person is stigmatized within a community if she is shamed by members of that community, and this is explained by their belief that she has deviated from some social norm and/or standard. (shrink)

Many business transactions and employment contracts are wrongfully exploitative despite being consensual and beneficial to both parties, compared with a nontransaction baseline. This form of exploitation can present governments with a dilemma. Legally permitting exploitation may send the message that the public condones it. In some economic conditions, coercively enforced antiexploitation law may harm the people it is intended to help. Under these conditions, a way out of the dilemma is to enact laws with provisions that lack coercive enforcement. Noncoercive (...) law would convey the state’s condemnation of wrongful exploitation without risking the harmful effects of coercively enforced law. It would also give firms and their agents a way of explaining nonexploitative pricing decisions to investors, and it may help give precise content to the moral duty to set prices and wages fairly. Governments should thus consider noncoercive law a viable component of their responses to exploitation. (shrink)

Following the recent practice turn in privacy research, informational privacy is increasingly analyzed with regard to the “appropriate flow of information” within a given practice, which preserves the “contextual integrity” of that practice (Nissenbaum, 2010, p. 149; 2015). Such a practice-theoretical take on privacy emphasizes the normative structure of practices as well as its structural injustices and power asymmetries, rather than focusing on the intentions and moral considerations of individual or institutional actors. Since privacy norms are seen to be institutionalized (...) via the role obligations of the practice's participants, this approach can analyze structural and systematic privacy infringements in terms of “defective role performances and defective social relations” (Roessler & Mokrosinska, 2013, p. 780). -/- Unfortunately, it is still often somewhat unclear what this exactly means within the context of informational privacy, why these performances and relations are defective and for whom. This raises the common objection of a so-called “practice positivism” (Applbaum, 1999, p. 51), that is, the difficulty of practice–theoretical accounts to take a practice-independent standpoint, from which to normatively evaluate the existing practice norms themselves. For example, Nissenbaum herself initially argues for a “presumption in favor of the status quo” with respect to the appropriateness and flow of privacy norms within a practice (Nissenbaum, 2004, p. 127). Such a “practice conservatism” (Nissenbaum, 2010, p. 169) comes dangerously close to committing a naturalistic fallacy, if not undergirded by practice-external criteria (which is ultimately what she does). -/- Merely resorting to existing practice norms to assess what defective role performances amount to, only shifts the question from how to recognize an appropriate flow of information to the question of how to recognize those defective role performances and social relations. Against this backdrop, the central aim of this article is to shed light on this question without resorting to practice-independent first principles or far-reaching universalistic anthropological assumptions. For this, I will analyze the notion of “defective role performances and social relations” in terms of social pathologies.1 Doing so has two advantages: First of all, it can draw on already existing concepts and distinctions, which help to categorize the different levels of analysis that exist in informational privacy research and situate the notion of “defective role performances” within them (Section 1). Second, those concepts and distinctions can serve as a basis for establishing a typology of phenomena with regard to deficient practices of informational privacy (Section 4). (shrink)

This paper presents a series of arguments aimed at showing that, for an important subclass of social rules—non‐summary rules—no adequate metaphysical account has been given, and it tentatively suggests that no such account can be given. The category of non‐summary rules is an important one, as it includes the rules of etiquette, fashion, chess, basketball, California state law, descriptive English grammar, and so on. This paper begins with behavioristic accounts of the conditions for the existence of such rules, and proceeds (...) through progressively more complex accounts, all the way to what are labeled ‘normative attitude accounts,’ which are prima facie plausible and particularly popular. In each case it is argued that the type of account under consideration cannot explain the existence of the relevant type of social rule. (shrink)

En este complejo futuro que se nos predice, no solo se nos podrá superar en nuestras capacidades intelectuales o físicas, incorporando a nuestro entorno y a nuestro propio cuerpo un ingente aparataje tecnológico, sino que se nos podrá mejorar, y ello, incluso, antes de nacer, interviniendo directamente sobre el embrión. La naturaleza de lo humano se pone en cuestión, sobre todo, cuando la alteramos en su propia esencia, no solo en su entorno, y, además, desde su propio inicio. Se trata, (...) pues, de una disrupción y alteración sustancial ad intra del ser humano, no ad extra, como ocurre con la tecnología, aún cuando esta también tiene, obviamente, muchos efectos en el interior de aquél. Los cambios que se derivan de la Biotecnología y, concretamente, de la edición genómica, por un lado, ofrecen un enorme potencial para desarrollar nuevos conceptos, métodos y novedosas aplicaciones para los urgentes retos y necesidades de la sociedad. Por el otro lado, tales biotecnologías son percibidas como si tuvieran el potencial de desafiar y, a veces, desdibujar las actitudes, valores y modelos culturales de la propia sociedad. A tal reto no puede estar, obviamente, ajeno el Derecho en atención a los valores, intereses y derechos en conflicto. Si la pregunta que debemos nuevamente formularnos es qué es el hombre o qué es la naturaleza humana, el Derecho debe también ofrecer respuestas que permitan dar un sentido jurídico contemporáneo a tal esencia, preguntas que conectan directamente con el propio concepto jurídico de dignidad, no solo en cuanto valor ontológico del ser humano, sino también, recogiendo los términos explícitos del artículo 10.1 de nuestra Constitución, en cuanto fundamento del orden político y de la paz social. (shrink)

Twice in the _Journal of Business Ethics_, Walter Block provides a libertarian argument that The Civil Rights Act of 1964 is unjust because it is a violation of a business’s property rights and therefore ought to be repealed. No libertarian reply to Block has ever been given, creating the mistaken impression that his argument is the true representation of libertarian theory with regards to civil rights. This paper focuses on Title II and argues that both Block, and this prevailing opinion (...) of libertarian theory, are wrong. There are different types of libertarian theory. Block’s theory of natural rights is one of them, but there is another strain of libertarian thought that embraces the common law, at least as it existed up until the late 1800’s. This paper explicates a libertarian argument, based on the common law, which supports and defends Title II of the 1964 Civil Rights Act. Specifically, the evolution of contracts via assumpsit arguments, found in Blackstone’s _Commentaries,_ endogenously and consistently gives rise to the obligation to serve all. Title II of the 1964 Civil Rights Act is consistent with this common law tradition on public accommodations. Libertarian arguments that accept the common law on contracts ought also to accept common law doctrine on public accommodations and, _perforce_, the justness of Title II. (shrink)

Once limited to issues in maritime and trade law, today the most recognizable examples of international law govern issues such as human rights, intellectual property, crimes against humanity and international armed conflicts. In many ways, this proliferation has been a welcomed development. However, when coupled with international law’s decentralized structure, this rapid proliferation has also posed problems for how we (and in particular judges) identify if, when, and where international law exists. This article puts forward a novel, dignity-based account for (...) how we answer this question: arguing that an international law exists if and only if it is consistent with respecting dignity. The upshot of this account is two-fold. First, it explains many features of international law that other theories leave unaccounted for or under-explained. And second, my dignity-based account provides for a mechanism through which the system can continue to be developed and improved. (shrink)

In this paper, I identify a central problem for conceptual engineering: the problem of showing concept-users why they should recognise the authority of the concepts advocated by engineers. I argue that this authority problem cannot generally be solved by appealing to the increased precision, consistency, or other theoretical virtues of engineered concepts. Outside contexts in which we anyway already aim to realise theoretical virtues, solving the authority problem requires engineering to take a functional turn and attend to the functions of (...) concepts. But this then presents us with the problem of how to specify a concept’s function. I argue that extant solutions to this function specification problem are unsatisfactory for engineering purposes, because the functions they identify fail to reliably bestow authority on concepts, and hence fail to solve the authority problem. What is required is an authoritative notion of conceptual function: an account of the functions of concepts which simultaneously shows why concepts fulfilling such functions should be recognised as having authority. I offer an account that meets this combination of demands by specifying the functions of concepts in terms of how they tie in with our present concerns. (shrink)

Using automated systems to avoid the need for human discretion in government contexts – a scenario we call ‘rule by automation’ – can help us achieve the ideal of a free and equal society. Drawing on relational theories of freedom and equality, we explain how rule by automation is a more complete realization of the rule of law and why thinkers in these traditions have strong reasons to support it. Relational theories are based on the absence of human domination and (...) hierarchy, which automation helps us achieve. Nevertheless, there is another understanding of relational theories where what matters is the presence of valuable relationships with those in power. Exploring this further might help us see when and why we should accept human discretion. (shrink)

What is the relation of logic to thinking? My dissertation offers a new argument for the claim that logic is constitutive of thinking in the following sense: representational activity counts as thinking only if it manifests sensitivity to logical rules. In short, thinking has to be minimally logical. An account of thinking has to allow for our freedom to question or revise our commitments – even seemingly obvious conceptual connections – without loss of understanding. This freedom, I argue, requires that (...) thinkers have general abilities to respond to support and tension among their thoughts. And these abilities are constituted by following logical rules. So thinkers have to follow logical rules. But there isn’t just one correct logic for thinking. I show that my view is consistent with logical pluralism: there are a range of correct logics, any one of which a thinker might follow. A logic for thinking does, however, have to contain certain minimal principles: Modus Ponens and Non-Contradiction, and perhaps others. We follow logical rules by exercising logical capacities, which display a distinctive first-person/third-person asymmetry: a subject can find the instances of a rule compelling without seeing them as instances of a rule. As a result, there are two limits on illogical thinking. First, thinkers have to tend to find instances of logical rules compelling. Second, thinkers can’t think in obviously illogical ways. So thinking has to be logical – but not perfectly so. When we try to think, but fail, we produce nonsense. But our failures to think are often subjectively indistinguishable from thinking. To explain how this occurs, I offer an account of nonsense. To be under the illusion that some nonsense makes sense is to enter a pretence that the nonsense is meaningful. Our use of nonsense within the pretence relies on the role of logical form in understanding. Finally, while the normativity of logic doesn’t fall directly out of logical constitutivism, it’s possible to build an attractive account of logical normativity which has logical constitutivism as an integral part. I argue that thinking is necessary for human flourishing, and that this is the source of logical normativity. (shrink)

In this study two strands of inferentialism are brought together: the philosophical doctrine of Brandom, according to which meanings are generally inferential roles, and the logical doctrine prioritizing proof-theory over model theory and approaching meaning in logical, especially proof-theoretical terms.

The volume analyses and develops David Makinson’s efforts to make classical logic useful outside its most obvious application areas. The book contains chapters that analyse, appraise, or reshape Makinson’s work and chapters that develop themes emerging from his contributions. These are grouped into major areas to which Makinsons has made highly influential contributions and the volume in its entirety is divided into four sections, each devoted to a particular area of logic: belief change, uncertain reasoning, normative systems and the resources (...) of classical logic. Among the contributions included in the volume, one chapter focuses on the “inferential preferential method”, i.e. the combined use of classical logic and mechanisms of preference and choice and provides examples from Makinson’s work in non-monotonic and defeasible reasoning and belief revision. One chapter offers a short autobiography by Makinson which details his discovery of modern logic, his travels across continents and reveals his intellectual encounters and inspirations. The chapter also contains an unusually explicit statement on his views on the role of logic in philosophy. (shrink)

Many of the most important social institutions—e.g., law and language—are thought to be normative in some sense. And philosophers have been puzzled by how this normativity can be explained in terms of the social, descriptive states of affairs that presumably constitute them. This paper attempts to solve this sort of puzzle by considering a simpler and less contentious normative social practice: table manners. Once we are clear on the exact sense in which a practice is normative, we see that some (...) practices can be normative in an interesting and non-trivial sense, but also explicable with merely descriptive resources. In addition to arguing that it is possible to explain normative practices with descriptive resources, this paper presents and defends just such an explanation—an account of the nature of table manners that appeals only to descriptive states of affairs. (shrink)

In the middle of the 20th century, it was a common Wittgenstein-inspired idea in philosophy that for a linguistic expression to have a meaning is for it to be governed by a rule of use. In other words, it was widely believed that meanings are to be identified with use-conditions. However, as things stand, this idea is widely taken to be vague and mysterious, inconsistent with “truth-conditional semantics”, and subject to the Frege-Geach problem. In this paper I reinvigorate the ideas (...) that meaningfulness is a matter of being governed by rules of use and that meanings are best thought of in terms of use-conditions. I will do this by sketching the Rule-Governance view of the nature of linguistic meaningfulness, showing that the view isn’t by itself subject to the two problems, and explain why the idea has had a lasting appeal to philosophers from Strawson to Kaplan and why we should find it continually attractive. (shrink)

Institutions can be strong or weak. But what does this mean? Equilibrium theories equate institutions with behavioural regularities. In contrast, rule theories explicate them in terms of a standard that people are supposed to meet. I propose that, when an institution is weak, a discrepancy exists between the regularity and the standard or rule. To capture this discrepancy, I present a hybrid theory, the Rules-and-Equilibria Theory. According to this theory, institutions are rule-governed behavioural regularities. The Rules-and-Equilibria Theory provides the basis (...) for two measures of institutional strength. First, institutions that pertain to coordination games solve problems of information. Their strength is primarily a matter of the expected degree of compliance. Second, institutions that concern mixed-motive games solve problems of motivation. Their strength can be measured in terms of the weight people attribute to its rule. (shrink)

There are various background issues that need to be discussed whenever the topic of conversation turns to religion and atheism. In particular, there are questions about how these terms are to be used in the course of the conversation. While it is sometimes the case that all parties to a conversation about religion and atheism have agreed what they mean by ‘religion’ and ‘atheism’, it is often enough the case that such conversations go poorly because the parties mean different things (...) by ‘religion’ and ‘atheism’. In this paper, I discuss a range of questions about the meanings of ‘religion’ and ‘atheism’ that should be taken into account when we are asking global questions about ‘religion’ and ‘atheism’. (shrink)

Legal norms are an invention. This paper advances a proposal about what kind of invention they are. The proposal is that legal norms derive from rules which specify role functions in a legal system. Legal rules attach to agents in virtue of their status within the system in which the rules operate. The point of legal rules or a legal system is to solve to large scale coordination problems, specifically the problem of organizing social and economic life among a group (...) of people and their successors, though not every legal rule pertains to a coordination problem. The framework for thinking about legal norms that I describe is a framework for thinking about institutions and policies more generally. The idea is to show that legal norms are a species of institutional norm. There are two central ideas. The first is the idea of a role in an institution. The second is the idea of proxy agency. Proxy agency involves one agent or group acting under the authorization of another agent or group (perhaps subsuming it) in a way that makes the actions of the proxy count as actions (under a description) of the individual or group for which it is a proxy. We get the characteristic structure of a legal system by conceiving of an institutional group, itself conceived of as a set of interlocking roles realized in individuals, as having one or more roles for proxy agents who are authorized by the group to make policy for the group. The set of rules governing the basic constitution of the group and spelling out the powers of the policy proxies determine fundamental norms for the group with specific role responsibilities attaching to particular positions in institutional arrangements. The policies determine further norms whose force derives from the fundamental norms. We must then say some further things to distinguish institutions and policies which we wish to designate as legal. (shrink)

Institutions are often regarded either as rules or as equilibria sustained by self-interested agents. I ask how these two theories can be combined. According to Philip Pettit’s _Virtual Control Theory_, they explain different things: rules explain why regularities persist; self-interest why they are resilient. Thus, his theory reconciles the two theories by adjusting their domains of application. However, the available evidence suggests that rules and self-interest often combine as sources of motivation. Because of this, it is better to integrate the (...) theories rather than to reconcile them. Inspired by Cristina Bicchieri’s theory of social norms, I incorporate the notion of rule-following into a game-theoretic account of institutions. According to the resulting _Rules-and-Equilibrium Theory_, institutions are rule- or norm-governed social practices. The theory does not only explain their persistence and resilience, but also their fragility, which provides another reason for preferring the proposed integration to Pettit’s reconciliation. (shrink)

One of the main lines of research in algorithmic fairness involves individual fairness (IF) methods. Individual fairness is motivated by an intuitive principle, similar treatment, which requires that similar individuals be treated similarly. IF offers a precise account of this principle using distance metrics to evaluate the similarity of individuals. Proponents of individual fairness have argued that it gives the correct definition of algorithmic fairness, and that it should therefore be preferred to other methods for determining fairness. I argue that (...) individual fairness cannot serve as a definition of fairness. Moreover, IF methods should not be given priority over other fairness methods, nor used in isolation from them. To support these conclusions, I describe four in-principle problems for individual fairness as a definition and as a method for ensuring fairness: (1) counterexamples show that similar treatment (and therefore IF) are insufficient to guarantee fairness; (2) IF methods for learning similarity metrics are at risk of encoding human implicit bias; (3) IF requires prior moral judgments, limiting its usefulness as a guide for fairness and undermining its claim to define fairness; and (4) the incommensurability of relevant moral values makes similarity metrics impossible for many tasks. In light of these limitations, I suggest that individual fairness cannot be a definition of fairness, and instead should be seen as one tool among several for ameliorating algorithmic bias. (shrink)

In this paper, I assess recent Stalnakerian views of communication in moral and normative domains. These views model context updates with normative claims. They also aim to explain how people disagree when they follow different norms or values. I present four problems for these Stalnakerian views. I conclude that the problems require a new conception of how common ground relates to illocutionary force and attitude mode, which is still lacking.

The article considers what arbitrary law-making is and what may count as arbitrary law-making in the field of migration policy. It contributes to the discussion of arbitrary law-making in relation to migration policy in two ways. First, it offers an analysis of arbitrariness, pointing out that rhetorical definitions abound – perhaps not surprisingly, given that migration is a highly-contested policy area – and argues for why transposing a conception developed in ethical theory to the law has high theoretical costs. An (...) alternative conception is described and found to be better equipped to deal with arbitrary law-making in migration policy. It is argued that if we want to understand how arbitrariness plays out in the field of migration law – which is necessary to find ways to hinder its spread by the adoption of specific law-making practices – we first need to distinguish arbitrariness from legitimate choices of legislators. Secondly, a typology of forms of arbitrariness is fleshed out in relation to contemporary migration policy. The policy area is here broadly construed to include not only naturalisation processes, but also migration, asylum and refugee policies and more generally border control. The examples are taken from a broad selection of countries. They have been chosen for illustrative purposes only. Keywords: arbitrariness, discretion, arbitrary power, forms of arbitrary power, borders, migration policy, citizenship policy. (shrink)

ABSTRACT Most theorists agree that our social order includes a distinctive legal dimension. A fundamental question is that of whether reference to specific legal phenomena always involves a commitment to a particular moral view. Whereas many philosophers advance the ‘positivist’ claim that any correspondence between morality and the law is just a function of political circumstance, natural law theorists insist that law is intrinsically moral. Each school claims the crucial advantage of consistency with our folk concept. Drawing on the notion (...) of dual character concepts, we develop a set of hypotheses about the intuitive relation between a rule’s moral and legal aspects. We then report a set of studies that conflict unexpectedly with the predictions by legal positivists. Intuitively, an evil rule is not a fully-fledged instance of law. (shrink)

Two college-age samples, one from the United States and one from Spain, were studied with mixed methods, phenomenological and traditional experimental - regarding the alleged foundational topic of `unfairness'. Participants gave their instantiations of `It's not fair!', which were deconstructed and qualitatively analyzed to find and compare the essential types of unfairness. Using traditional experimental methods, unfairness vignettes were rated by severity and quantitatively analyzed, to see whether the two cultural groups make similar or different distinctions among the concepts of (...) `unfairness', `injustice' and `misfortune'. From qualitative analyses, the fairness principles of `equity' and `equality' appeared in both groups, but `honor and dignity' violations were much more frequent in the Spanish group, as different fairness principles interacted in complex ways. From the quantitative analyses, `unfairness' was the broadest of the three concepts, extending beyond `injustice' and both cultural groups viewed `misfortunes' as `unfairnesses'. Implications for a commonsense morality across cultures are discussed. (shrink)

ABSTRACT Our ascriptions of content to past utterances assign to them a level of conceptual continuity and determinacy that extends beyond what could be grounded in the usage up to their time of utterance. If one accepts such ascriptions, one can argue either that future use must be added to the grounding base, or that such cases show that meaning is not, ultimately, grounded in use. The following will defend the first option as the more promising of the two, though (...) this ultimately requires understanding the relation between use and meaning as ‘normative’ in two important ways. The first way is that the function from use to meaning must be of a sort that allows us to maintain a robust distinction between actual and correct use. The second sort of normativity is unique to theories that extend the grounding base into the future. In particular, if meaning is partially a function of future use, we can see our commitment to the ‘determinacy’ of meaning as a practical commitment that structures our linguistic practices rather than a theoretical commitment that merely describes them. (shrink)

In Lying and Insincerity, Andreas Stokke argues that bald-faced lies are genuine lies, and that lies are always assertions. Since bald-faced lies seem not to be aimed at convincing addressees of their contents, Stokke concludes that assertions needn’t have this aim. This conflicts with a traditional version of intentionalism, originally due to Grice, on which asserting something is a matter of communicatively intending for one’s addressee to believe it. I argue that Stokke’s own account of bald-faced lies faces serious problems (...) and give several responses on behalf of intentionalism. Some bald-faced lies are best understood as irrational attempts to deceive. Others are best understood as indirect speech acts of various kinds. Still, others are best understood as conventional speech acts, which differ from communicative acts like assertion in the ways that they must be embedded in social institutions or practices. An overarching theme of this essay is that we should not make theoretical decisions about how to classify speech acts by consulting ordinary usage. (shrink)

This paper argues that our folk-psychological expertise is a special case of extended and enculturated cognition where we learn to regulate both our own and others’ thought and action in accord with a wide array of culturally shaped folk-psychological norms. The view has three noteworthy features: it challenges a common assumption that the foundational capacity at work in folk-psychological expertise is one of interpreting behaviour in mentalistic terms, arguing instead that successful mindreading is largely a consequence of successful mindshaping; it (...) argues that our folk-psychological expertise is not only socially scaffolded in development, it continues to be socially supported and maintained in maturity, thereby presenting a radically different picture of what mature folk-psychological competency amounts to; it provides grounds for resisting a recent trend in theoretical explanations of quotidian social interaction that downplays the deployment of sophisticated mentalizing resources in understanding what others are doing. (shrink)

‘Normative powers’ are capacities to create normative reasons by our willing or say-so. They are significant, because if we have them and exercise them, then sometimes the reasons we have are ‘up to us’. But such powers seem mysterious. How can we, by willing, create reasons? In this paper, I examine whether normative powers can be adequately explained normatively, by appeal to norms of a practice, normative principles, human interests, or values. Can normative explanations of normative powers explain how an (...) exercise of the will can afford us special freedom in determining our reasons? I argue that normative approaches to answering this question prove to be inadequate. To vindicate the thought that normative powers can make our reasons ‘up to us’, we need an altogether different approach to understanding them, one that is located not in the normative but in the metaphysical. I end the paper by sketching a metaphysical explanation of normative powers. This metaphysical defence of normative powers provides a window into a different, more agent-centered way of thinking about rational agency. (shrink)

Argues that reasons internalism, suitably understood, explains categorical reasons for us to cooperate with each other. The norms we then cooperate to satisfy can lie at the heart of legal systems, yielding unexpected implications in the philosophy of law.

Ideology is commonly defined along functional, epistemic, and genetic dimensions. This article advances a reasonably unified account that specifies how they connect and locates the mechanisms at work. I frame the account along a recent distinction between anchoring and grounding, endorse an etiological reading of functional explanations, and draw on current work about the epistemology of delusion, looping effects, and structuring causes to explain how ideologies originate, reproduce, and possibly collapse. This eventually allows articulating how the legitimating function of ideologies (...) relates to the constitutive and causal role they play when embedded into the facts they are originally designed to anchor. (shrink)

Many recent accounts of the ontology of groups, institutions, and practices have touched upon the normative or deontic dimensions of social reality (e.g., social obligations, claims, permissions, prohibitions, authority, and immunity), as distinct from any specifically moral values or obligations. For the most part, however, the ontology of such socio-deontic phenomena has not received the attention it deserves. In what sense might a social obligation or a claim exist? What is the ontological status of such an obligation (e.g., is it (...) an entity in its own right)? And how do people come to have social obligations or permissions in the first place? In this dissertation, I argue that such social-deontic phenomena can be accounted for ontologically in terms of the existence of shared prescriptive representational content that is backed by collectively held dispositions to monitor for compliance, and to punish (sanction, blame, chide, look unfavorably upon) those who fail to comply. (shrink)

In proxy assertion an individual or group asserts something through a spokesperson. The chapter explains proxy assertion as resting on the assignment of a status role to a person (that of spokesperson) whose utterances acts in virtue of that role have the status function of signaling that the principal is committed in a way analogous to an individual asserting that in his own voice. The chapter briefly explains how status functions and status roles are grounded and then treats, in turn, (...) the case of a spokesperson for an individual and a group and the differences in the significance of what the spokesperson does in each case. Finally, it reviews complications introduced by spokesperson autonomy, where the spokesperson is given leave to represent her principal’s views or positions in her own words and to respond to questions on his behalf. (shrink)

Games, which philosophers commonly invoke as models for diverse phenomena, are plausibly understood in terms of rules and goals, but this gives rise to two puzzles. The first concerns the identity of a single game over time. Intuitively one and the same game can undergo a change in rules, as when the rules of chess were modified so that a pawn could be moved two squares forward on its first move. Yet if games are individuated in terms of their constitutive (...) rules and goals, this is incoherent—new rules mean a new game. The second concerns the individuation of games at a point in time. Intuitively, there can be different versions of a single game, where the versions differ in the details of their rules. I offer a solution to this problem that draws on an analogy with individuating languages. The resulting theory should illuminate the metaphysics of games more generally. (shrink)

Since at least the 1980s, police departments in the United States have embraced a set of practices that aim, not to enable the prosecution of past criminal activity, but to discourage people from breaking the law in the first place. It is not clear that these practices effectively lower the crime rate. However, whatever its effect on the crime rate, I argue that preventive policing is essentially distinct from legal governance, and that excessive reliance on preventive policing undermines legal governance. (...) To show this, I emphasize law’s unique aptitude to define legal subjects’ ‘manifest’ status relations – that is, the rights and obligations that live within their local practices. I then argue, first, that preventive policing does not aim to define these relationships; and second, that excessive preventive policing threatens the relationship that law must bear with its subjects if law is to define their manifest relations authoritatively. (shrink)

There is a perennial philosophical dream of a certain natural order for the natural kinds. The name of this dream is ‘the hierarchy requirement’. According to this postulate, proper natural kinds form a taxonomy which is both unique and traditional. Here I demonstrate that complex scientific objects exist: objects which generate different systems of scientific classification, produce myriad legitimate alternatives amongst the nonetheless still natural kinds, and make the hierarchical dream impossible to realize, except at absurdly great cost. Philosophical hopes (...) for a certain order in nature cannot be fulfilled. Natural kinds crosscut one another, ubiquitously so, and this crosscutting spells the end of the hierarchical dream. (shrink)

In his insightful and challenging paper, Jonathan Schaffer argues against a distinction I make in The Ant Trap (Epstein 2015) and related articles. I argue that in addition to the widely discussed “grounding” relation, there is a different kind of metaphysical determination I name “anchoring.” Grounding and anchoring are distinct, and both need to be a part of full explanations of how facts are metaphysically determined. Schaffer argues instead that anchoring is a species of grounding. The crux of his argument (...) comes in the last sections of his paper, in his discussion of “exportation,” the relations strategy, and the definitions strategy. I am inclined to agree that Schaffer’s interesting strategies offer the best choices for the philosopher who wants to insist that anchoring is a species of grounding. But both, I will argue, are fatally flawed. I do not take the separation of anchors from grounds lightly, but find the evidence in its favor overwhelming. And once the distinction is made, I find anchoring to be a powerful practical tool in metaphysics. Philosophy and Phenomenological Research, Volume 99, Issue 3, Page 768-781, November 2019. (shrink)

The goal of this paper is to provide an accurate grounding-based formulation of positivism in the philosophy of law. I start off by discussing some simple formulations, based on the ideas that social facts are always either full or partial grounds of legal facts. I then raise a number of objections against these definitions: the full grounding proposal rules out possibilities that are compatible with positivism; the partial grounding proposal fails, on its own, to vindicate the distinctive role that is (...) played by social facts within positivist accounts of law. Then, I present a more adequate and insightful formulation capable of solving their problems, which crucially relies on a robust notion of a social enabler. Finally, I model inclusive and exclusive positivism on the resulting template, and set out the advantages of the ground-enablers proposal. (shrink)

The paper discusses the Anglo-American philosophy of law of the 20th century, more specifically the philosophy of law of Ronald Myles Dworkin and his criticism of the legal positivism of Herbert Lionel Adolphus Hart. The author presents the history of the criticism of legal positivism in Ronald Dworkin’s philosophy of law and distinguishes historical stages. The subject of the study is the critique of legal positivism but not the Hart-Dworkin debate itself, well known in Western philosophy of law. The reason (...) is that the discussion was conducted between Dworkin and Hart’s supporters but not between Dworkin and Hart by himself. The latter responded to the criticism only after twenty seven years. The article explains why Dworkin chose for his criticism Herbert Hart’s version of legal positivism. This is due to the fact that Dworkin highly appreciated Hart’s positivist theory of law and characterized it as the “most clear.” The article presents the methodological foundations of criticism of Hart’s legal positivism in Dworkin’s philosophy of law. It reveals a methodological divergence between the two legal theories, which directly affects the understanding of the concept of law and its content. Therefore, we can assume that the legal theories of Hart and Dworkin are two competing models of law: Dworkin’s model considers law as a set of rules and principles and Hart’s model acknowledges only rules and court decisions as a source of law. The article also presents the key principles of positivism criticized by Dworkin. These principles, firstly, interpret law as a set of legal rules determined through a special legal criterion, secondly, provide the judge with an opportunity to make a decision “at his own discretion” in a situation not regulated by law, and, thirdly, recognize only legal rights and obligations enshrined in legal regulations. It is important to note that in this article the author describes criticism as an independent phenomenon of legal philosophy with a particular focus on the history and foundations of this phenomenon. (shrink)

The notion of relevance plays a role in many accounts of knowledge and knowledge ascription. Although use of the notion is well-motivated, theorists struggle to codify relevance. A reasonable person standard of relevance addresses this codification problem, and provides an objective and flexible standard of relevance; however, treating relevance as reasonableness seems to allow practical factors to determine whether one has knowledge or not—so-called “pragmatic encroachment.” I argue that a fuller understanding of reasonableness and of the role of practical factors (...) in the acquisition of knowledge lets us avoid pragmatic encroachment. (shrink)

The article develops and justifies, on the basis of the epistemological argumentation theory, two central pieces of the theory of evaluative argumentation interpretation: 1. criteria for recognizing argument types and 2. rules for adding reasons to create ideal arguments. Ad 1: The criteria for identifying argument types are a selection of essential elements from the definitions of the respective argument types. Ad 2: After presenting the general principles for adding reasons (benevolence, authenticity, immanence, optimization), heuristics are proposed for finding missing (...) reasons, for deductive arguments, e.g., semantic tableaux are suggested. (shrink)

The hypothesis of this paper is that legal positivism depends on the non plausibility of strong moral cognitivism because of the non necessary connection thesis between law and morality that legal positivism is supposed to acknowledge. The paper concludes that only when based on strong moral cognitivism is it consistent to sustain the typical non-positivistic thesis of the necessary connection between law and morality. Habermas’s Philosophy of law is confronted with both positions.

ABSTRACTA much debated passage in the Metaphysics of Morals often leads commentators to believe that it is not possible to act from juridical duty. On the one hand, Kant says that all lawgiving inc...

By appeal to the phenomenon of presupposition accommodation, Rae Langton and others have proposed that speakers can gain genuine authority over their audiences when they implicitly claim such autho...