This paper considers the UN efforts to introduce a legally binding Treaty on corporate accountability for human rights impacts in the context of other proposed legislation at country level, on the one hand, and existing voluntary initiatives like the UN Guiding Principles (2011), on the other. What we are interested in is whether the proposed Treaty signals a transition from voluntary initiatives (based on moral commitments) to law (that is, a focus on compliance), and the extent to which it might (...) stimulate or hinder links between judicial and non-judicial initiatives. The scholars who have explicitly addressed these two divides are – Michael Sandel, on theory v. practice; and Amartya Sen, on law v. morality. We engage with their views, in sections II and III respectively, seeking to build an integrated approach to help us overcome these dualisms. We further consider John Ruggie’s “principled pragmatism”, a strategy that he uses to build the Protect, Respect and Remedy (henceforth, PRR) Framework; and we invoke arguments from casuistry as well as a practice-focused deontology (Thomas Donaldson’s) in favour of an ethics ‘beyond cognition’, which we consider better suited than either utilitarian or principle-based theories to guide the debate on human rights. This is because it allows us to take non-rational factors into account (such as emotions and personal affiliations), when judging the kind of common good we consider worth pursuing. In the last section of the paper, we investigate whether and how might the Treaty illustrate the two divides, trying to (a) distinguish between purely legal elements and those of a wider nature, to do with morality; and (b) understand what might help bridge the gap between theoretical commitments to the universality of human rights and various practical challenges. Our aim is not to evaluate the Treaty, from a legal viewpoint, or suggest improvements to it (lawyers are better placed to do that); rather, we seek to investigate the way in which the proposed Treaty – which is the first attempt to address the challenge of transnational business and human rights in international law – combines moral and legal aspects, and what this tells us about the world we live in. (shrink)

No provision of the Patient Protection and Affordable Care Act has proven to be more contentious than the so-called “individual mandate.” Starting in 2014, the mandate will impose a penalty on non-exempt individuals who lack health insurance. According to Congress, the mandate is essential to ensuring near universal coverage. Without it, PPACA’s insurance reforms will lead healthy individuals to delay purchasing health insurance until they require medical care, resulting in risk pools with a disproportionate share of high-risk people. The price (...) of insurance will then climb, causing more and more not-so-sick people to forego health insurance. The resulting “death spiral” will make insurance unaffordable to many more Americans. (shrink)

A menudo se piensa que los estándares genéricos de diligencia son una fuente importante de incertidumbre ya que están radicalmente indeterminados. A fin de favorecer la seguridad jurídica, el derecho de daños debería prescindir de ellos tanto como sea posible y optar por ofrecer estándares específicos, redactados en un lenguaje preciso. En este trabajo argumento que los estándares genéricos no están tan indeterminados como usualmente se asume y que, además, cumplen un papel normativo fundamental en la práctica de la responsabilidad (...) civil. (shrink)

Over the past few years, even before the Brexit campaign and the outcome of the 2016 referendum in the United Kingdom, Europe has been haunted by the spectre of an impending split and disintegration of the Union. Self-appointed “kings” and “philosophers” of greater Europe seem to have been competing for the “unity award,” with more and more of them failing dramatically. One indicator of the public alarm at the prospect of the Union’s split is the exaggerated use of the word (...) “unity” and its cognates. But can the rhetoric of unity act as a cure for the disease? This essay suggests that, ironically, the constant use of organic metaphors and invocations of European unity seems to be paving the way for—rather than preventing—the rise of neo-authoritarian forces. (shrink)

The United States may justifiably exclude unvaccinated aliens, perhaps even under the assumption of Open Borders, according to which people should generally be permitted to settle in countries of their choosing. Furthermore, there are good reasons to endorse the Centers for Disease Control and Prevention’s (CDC’s) current vaccination-related exclusion criteria, which were last revised in 2009. I frame my discussion around CDC’s 2008 decision to permit immigrant girls and women to be excluded if they were not vaccinated against human papillomavirus (...) (HPV)—a decision that was quickly reversed and that led to the 2009 revisions to CDC’s vaccination-related immigrant exclusion criteria. (shrink)

H. L. A. Hart, in his classic book Law, Liberty, and Morality, is unsuccessful in arguing that James Fitzjames Stephen’s observations about the role of vice in criminal sentencing have no relevance to a more general defense of legal moralism. He does, however, have a very important insight about the special significance of sexual liberty.

This paper deals with three guiding principles of contemporary Western civilization. It explores the compatibility of Toleration, Pluralism and Truth, as well as their application to diverse domains of cultural activity and creation. There is no place for toleration, let alone pluralism, in the realm of logic and mathematics. Scientific conclusions allow diverse degrees of certainty. The realm of monotheistic religions excludes pluralism, but necessitates toleration. The domains of ethics and its related social institutions allow diversity in secondary matters, but (...) essentially should be guided by universally valid principles. In the case of aesthetics, a diversity of taste suggests a virtually unlimited pluralism. Yet, a universal basic principle of aesthetic evaluation is suggested which would greatly reduce tolerable pluralism, although this assertion is made with less confidence than the insistence on basic norms in ethics. (shrink)

The formation of citizenship as a concept to define the rights of participation in the formation processes of modern territorial states is well known. But the transnational dimensions of defining citizenship and how to combine national legislations with enlightened universal and natural law rules in the mid-19th century is not very well known. The article aims to explore the transnational discourses on the political, economic and moral rights and duties of the citizen in the pan—European liberal Association Internationale pour le (...) Progrès des Sciences Sociales. During the 1860s, its congresses should serve as a vast commission of enquiry and should eventually lead to a general definition of citizenship in Europe which could be implemented in national legislations. The article shows how the Association Internationale tried to deduce universal moral rules from national legislations and peculiarities by the means of moral or positive social science. In combining moral unity with national and regional diversities, the Association Internationale tried to give an elastic framework for a European civil society in which national subjects should become active citizens. (shrink)

Currently, some philosophers and technicians propose to change the fundamental constitution of Homo sapiens, as by significantly altering the genome, implanting microchips in the brain, and pursuing related techniques. Among these proposals are aspirations to guide humanity’s evolution into new species. Some philosophers have countered that such species alteration is unethical and have proposed international policies to protect species integrity; yet, it remains unclear on what basis such right to species integrity would rest. An answer may come from an unexpected (...) angle of rights issues: Some cultures have indicated that they want no part of our technological culture, preferring to retain their practices. Yet, rights documents do not explicitly establish that any individual has a right to species integrity. Careful interpretation of rights documents nonetheless reveals that such a right to species integrity is implicit. Interpreting these so as to reveal this needed right is also necessary to retain the foundations of rights documents and institutions. Further, acknowledging a right of species integrity could mean, because of practicalities, a limit to the freedom of proponents to implement proposals to manipulate the species. (shrink)

In her essay ‘The Curious Coincidence of Feminine and African Moralities’ (1987), Sandra Harding was perhaps the first to note parallels between a typical Western feminist ethic and a characteristically African, i.e., indigenous sub-Saharan, approach to morality. Beyond Harding’s analysis, one now frequently encounters the suggestion, in a variety of discourses in both the Anglo-American and sub-Saharan traditions, that an ethic of care and an African ethic are more or less the same or share many commonalities. While the two ethical (...) perspectives are indeed sisters, in this article I argue, first, that they are not identical twins, and, more strongly, that the family resemblance between the two is significantly less than has been recognized. I highlight key differences between representative forms of an ethic of care and a sub-Saharan communitarian morality, after which I argue, second, that the latter better captures some central feminist concerns and moral considerations generally. That is, I maintain that an African ideal of community, when understood in a philosophically refined way, provides an important, relational corrective to the ethic of care. (shrink)

We created Justice: The Game, an educational, role-immersion game designed to be used in philosophy courses. We seek to describe Justice in sufficent detail so that it is understandable to readers not already familiar with role-immersion pedagogy. We hope some instructors will be sufficiently interested in using the game. In addition to describing the game we also evaluate it, thereby highlighting the pedagogical potential of role-immersion games designed to teach political philosophy. We analyze the game by drawing on our observations (...) as designers and playtesters of Justice, along with feedback from students obtained in focus-groups conducted shortly after playtesting ended. We present evidence that Justice, compared to conventional instructional methods alone, plausibly enhances student learning of philosophical skills and content by requiring them to practice those skills and put their content-area knowledge to use in a highly-motivating and engaging context. (shrink)

Realism has been a central object of attention among analytical philosophers for some decades. Starting from analytical philosophy, the return of realism has spread into other contemporary philosophical traditions and given birth to new trends in current discussions, as for example in the debates about “new realism.” Discussions about realism focused on linguistic meaning, epistemology, metaphysics, theory of action and ethics. The implications for politics of discussion about realism in action theory and in ethics, however, are not much discussed.

I explore the idea that the state should love its citizens. It should not be indifferent towards them. Nor should it merely respect them. It should love them. We begin by looking at the bases of this idea. First, it can be grounded by a concern with state subordination. The state has enormous power over its citizens. This threatens them with subordination. Love ameliorates this threat. Second, it can be grounded by the state's lack of moral status. We all have (...) reason to love everyone. But we beings with moral status have an excuse for not loving everyone: we have our own lives to lead. The state has no such excuse. So, the state should love everyone. We then explore the nature of the loving state. I argue that the loving state is a liberal state. It won't interfere in its citizens' personal spheres. It is a democratic state. It will adopt its citizens' ends as its own. It is a welfare state. It will be devoted to its citizens' well-being. And it is an egalitarian state. It will treat all its citizens equally. This constitutes a powerful third argument, an abductive argument, for the ideal of the loving state. (shrink)

I argue that a gendered division of labor is often the result of choices by women that count as fully voluntary because they are an expression of preferences and commitments that reflect women's understanding of their own good. Since liberalism has a commitment to respecting fully voluntary choices, it has a commitment to respecting these gendered choices. I suggest that justified political action may require that we fail to respect some people's considered choices.

The cross-cultural study of the words defining social values are of particular importance in interdisciplinary contexts, as the knowledge of their culture-specific semantic as well as discursive characteristics contributes to a better understanding of how people think and act in a society. The paper focuses on the English lexeme tolerance and its translation equivalents in Russian and Serbian. It aims to specify linguacultural characterizations of the notion of tolerance in British, Russian and Serbian cultures. The data were taken from dictionaries, (...) British National Corpus (BNC), Russian National Corpus (RNC), Corpus of Contemporary Serbian (SrpKor), as well as media and Internet resources. The combined methodology (pragma-semantic, discourse and lingua-cultural analysis) enabled us to reveal that the dictionary equivalents of the English lexeme tolerance are not complete, but partial. The findings show that in Russian and Serbian the words of Latin etymology tolerantnost’ and tolerancija seem to invoke both positive and negative attitudes, reflecting cultural norms and values. The paper contributes to the understanding of tolerance in the observed linguacultures and confirms that it is important to consider interdisciplinary approaches to language studies. (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)

Philosophy & Social Criticism, Volume 48, Issue 4, Page 473-483, May 2022. In my recent book Freedom of Expression as Self-Restraint, I expound and defend the moral principle of freedom of expression. This article recounts a few of the main strands of the exposition in that book, and it touches upon the justification for the principle of freedom of expression. Supplementing the abstract ideas broached in the article are several illustrative examples that render the abstractions more accessible.

Die Idee der Toleranz führt in unserer liberalen Gesellschaft eine Art Doppelleben. Einerseits gibt es einen breiten öffentlichen Konsens darüber, dass Toleranz eine gute Sache ist. Andererseits haben die begrifflichen und normativen Paradoxien, die dem Toleranzkonzept offenbar inhärent sind, in der politischen Philosophie für Verwirrung gesorgt. In dieser Abhandlung verteidige und spezifiziere ich die Auffassung, dass Toleranz eine Kombination aus Ablehnung und Akzeptanz beinhaltet. Ich fokussiere mich vor allem auf die Akzeptanzkomponente, die bislang vernachlässigt worden ist. Diese Vernachlässigung erklärt einen (...) Großteil der Verwirrung, für die das Konzept der Toleranz gesorgt hat. Wenn wir einsehen, dass Akzeptanz den Verzicht auf besonders grausame oder gemeine Arten der Intervention meint, sollte klar sein, warum Toleranz moralisch geboten ist. Ich schließe mit einigen methodologischen Ausführungen dazu, wie die Toleranzproblematik angegangen werden sollte und wie nicht. (shrink)

ABSTRACTIlya Somin, like several other political epistemologists, effectively exposes the extent of public ignorance and the ways in which such ignorance may damage democratic outcomes. This underpins his case for a more streamlined state, leaving more to individual “foot voting”—where citizens are better incentivized to choose knowledgeably and rationally. One cannot dispute the fact of deep public ignorance. However, one can question the widespread assumption that ignorance is necessarily ethically significant, always productive of undesirable outcomes, or otherwise implicitly dangerous for (...) democracy. The sheer lack of individual efficacy in mass democracies not only incentivizes ignorance, but also creates conditions wherein such ignorance is individually harmless and unlikely in the aggregate to greatly contribute to one or another outcome. Beyond this, there may be no way to attain meaningful knowledge in the areas where democratic decision making is most fraught. Indeed, ignorance may at times lead to better outcomes than would knowledge. The seemingly unassailable status of democracy itself, and the valuable institutional stability that this status ensures, seem to be founded upon a bedrock of public ignorance as to the real nature of democracy. (shrink)

The question, “Why has Harriet Taylor MM appeared in the history of philosophy as she has?” has several answers. The answers intertwine the personality and polities of Harriet, the sexism of those who wrote of her, misunderstandings of the means and meaning of her collaboration with John Stuart Mill, and the disturbing challenge of her questioning.

EDITOR’S ABSTRACTIn this article, Huang stresses the important role played by the Chinese cultural context in the historical process of translation of Western concepts. Huang exemplifies this point through an analysis of Yan Fu’s translation of “individualism.”.

Bioethicists have for quite some time discussed the right to know and the right not to know personal health information, such as genetic information acquired in health care and incidental health-related findings in research. Several international ethical guidelines explicitly defend these rights.My own interest in these matters stems from my participation in ethics-related research tied to a longitudinal screening study on Type I diabetes involving young children. A few of the participating parents did not want to be informed if the (...) study revealed their child had a high risk of developing diabetes. This response was troublesome, not least since the information would concern the child's and not the parents’ health. Our inclination was that there cannot be a right not to know that should be granted without qualifications. Furthermore, other contextual factors, e.g., that parents experienced pressure to participate and felt concern about some of the personal data handled in the study, gave reason to question whether autonomous decisions were made regarding participation. The autonomy of their expressed desire not to know was therefore questionable. (shrink)

In the following I take issue with the allegation that liberalism must inevitably be guilty of ‘abstract individualism’. I treat Michael Sandel’s well-known claim that there are ‘loyalties and convictions whose moral force consists partly in the fact that living by them is inseparable from understanding ourselves as the particular persons we are’ as representative of this widely held view. Specifically, I argue: (i) that Sandel’s account of the manner in which ‘constitutive’ loyalties function as reasons for action presupposes the (...) possibility of there being (what I call) ‘underivable particular obligations’, but that such obligations are, in fact, a logical impossibility; and (ii) that Sandel’s account of the self as necessarily ‘encumbered’ presupposes an account of personal identity which confuses identification with definition, and which is, therefore, fundamentally flawed. (shrink)

The paper concerns two familiar lines of inquiry. One, stemming from a neo-Aristotelian naturalism associated with Foot and others, asks whether we can derive human excellences from what humans need in order to be some way. The second asks whether virtue is a kind of health, and vice a kind of illness. The first is often seen as a failure to the extent that the list of characteristics derived by this approach does not include familiar moral virtues. However, it is (...) argued that the concept of human excellence is many-layered, so the fact that the approach may not succeed for moral virtues does not show that it is no good for anything. Moreover, the kinds of psychological characteristic derived by a liberalized version of Foot’s approach may also help to give non-trivial answers to the second, Platonic, line of inquiry. (shrink)

The Counterfactual Comparative Account of Harm says that an event is overall harmful for someone if and only if it makes her worse off than she otherwise would have been. I defend this account from two common objections.

A common objection to the argument for deliberative democracy is that it cannot provide mechanisms for achieving its ideal of all-inclusiveness. This does, however, not in itself refute the deliberative ideal. In a reading of Hannah Arendt and Jacques Derrida’s writings on forgiveness, we argue that forgiving involves a renegotiation of our enemies and of ourselves. Hereby a renegotiation of the seemingly unbridgeable understandings of who our enemies are can be achieved. Forgiving involves a realisation that we have something in (...) common with our foes. This opens the question: Why did our paths separate? We become puzzled and start to search for reasons. This does not mean that we have to accept ways of life that we detest. But it does mean that we need to be able to articulate counter arguments. Hereby limitations of prevailing understandings of who to include in deliberative processes can be overcome. (shrink)

This paper argues that social trust is the emergent product of a complex system of property relations, backed up by a sub-system of mutual monitoring. This happens in a context similar to Ostrom’s commons, where cooperation is necessary for the management of resources, in the absence of external authorities to enforce sanctions. I show that social trust emerges in this context because of an institutional structure that enables individuals to develop a generalized disposition to internalize the external effects of their (...) actions. This is made possible by the “patrimonial” nature of this structure. (shrink)

Paternalism is widely viewed as presumptively justifiable for children but morally problematic for adults. The standard explanation for this distinction is that children lack capacities relevant to the justifiability of paternalism. I argue that this explanation is more difficult to defend than typically assumed. If paternalism is often justified when needed to keep children safe from the negative consequences of their poor choices, then when adults make choices leading to the same negative consequences, what makes paternalism less justified? It seems (...) true that ordinary adults have capacities enabling them to promote their interests in ways most children lack. This can explain why paternalism is more often justified towards children than adults. What is not explained, however, is why paternalism would be justifiable for children, but not adults, when neither possess the relevant interest-promoting capacities—exactly the cases when paternalism towards adults might be considered. I argue that this dilemma undercuts capacities-based explanations for the belief that childhood is distinctively relevant for the permissibility of paternalism. I then address defenses of both consequentialist and deontological versions of the capacities-based explanation. Absent this capacities-based explanation, I argue that the intuition that less demanding justificatory standards apply to paternalism when directed at children than when directed towards adults presents unresolved problems for egalitarians. (shrink)

This work studies the issue of political representation from the perspective of a specific legal culture, the exercise of political rights in the context of the occidental democratic system, a concept that has undergone a profound evolution to the present day. The essential aspects for an analysis of this progression are voting, decision making, and the relationship between representatives and their constituents. Overall, the phenomena making up the crisis of representation have been explained as a result of changes that have (...) affected the operation and structure of modern states constituted as representative democracies. The idea is that a well-functioning representative system comes primarily from the form of government and electoral system in which it develops. (shrink)

Contemporary theorization of the post-secular involves, and further invites, philosophical and historical reflection on the nature of the secular. Charles Taylor, in A Secular Age, has warned against what he terms “subtraction stories” of the emergence of modern secularism, narratives built around simplistic images of the rejection of, and liberation from, a Christian age of faith; these polemical confections need to be replaced, he argues, by accounts that register the complex processes by which secularism emerged out of the Christian, and (...) how it bears the deep traces of that origin.1 Over seventy years before Taylor's injunction, Marcuse can be seen…. (shrink)

Despite being a new term, ‘fake news’ has evolved rapidly. This paper argues that it should be reserved for cases of deliberate presentation of false or misleading claims as news, where these are misleading by design. The phrase ‘by design’ here refers to systemic features of the design of the sources and channels by which fake news propagates and, thereby, manipulates the audience’s cognitive processes. This prospective definition is then tested: first, by contrasting fake news with other forms of public (...) disinformation; second, by considering whether it helps pinpoint conditions for the proliferation of fake news. (shrink)

In this article, I argue that autonomy has to be conceived substantively in order to serve as the qualifying condition for receiving the full set of individual liberal rights. I show that the common distinction between content‐neutral and substantive accounts of autonomy is riddled with confusion and ambiguities, and provide a clear alternative taxonomy. At least insofar as we are concerned with liberal settings, the real question is whether or not the value and norm implied by an account of autonomy (...) are acceptable to reasonable people, not whether these accounts are content‐neutral, procedural or input‐focused. Finally, I demonstrate how substantive constraints are compatible with, or even implied in, the notion of autonomy at play in political liberalism. Overall, I present a normative reconstruction, clarification, and internal critique of liberalism, drawing on case law and statutes from England and Wales. (shrink)

By using preimplantation haplotype diagnosis, prospective parents are able to select embryos to implant through in vitro fertilization. If we knew that the naturally-occurring (but theoretical) MoralKinder (MK+) haplotype would predispose individuals to a higher level of morality than average, is it permissible or obligatory to select for the MK+ haplotype? I.e., is it moral to select for morality? This paper explores the various potential issues that could arise from genetic moral enhancement.

Deepfakes are realistic videos created using new machine learning techniques rather than traditional photographic means. They tend to depict people saying and doing things that they did not actually say or do. In the news media and the blogosphere, the worry has been raised that, as a result of deepfakes, we are heading toward an “infopocalypse” where we cannot tell what is real from what is not. Several philosophers have now issued similar warnings. In this paper, I offer an analysis (...) of why deepfakes are such a serious threat to knowledge. Utilizing the account of information carrying recently developed by Brian Skyrms, I argue that deepfakes reduce the amount of information that videos carry to viewers. I conclude by drawing some implications of this analysis for addressing the epistemic threat of deepfakes. (shrink)

Several influential characterizations of paternalism or its distinctive wrongness emphasize a belief or judgement that it typically involves—namely, 10 the judgement that the paternalized is likely to act irrationally, or some such. But it's not clear what about such a belief can be morally objectionable if it has the right epistemic credentials (if it is true, say, and is best supported by the evidence). In this paper, I elaborate on this point, placing it in the context of the relevant epistemological (...) discussions. I explain how 15 evidentialism is opposed to such thoughts; I show that possible ways of rejecting evidentialism (along lines analogous to those of pragmatic encroachment) won't work; and I sketch an account of the wrongness of paternalism that doesn't depend on any flaw in the belief about others' likely behaviour. (shrink)

ABSTRACT I examine five arguments against removing controversial monuments. I argue that none of these arguments provides good reasons for leaving controversial monuments in place. A close examination of these arguments also points to some of our misconceptions about the nature of monuments. The arguments include the claim that removing monuments rewrites history, that removal amounts to ex-post facto moralizing, that controversial monuments are needed to stir people to healthy debate, that the focus on monuments is a distraction preventing us (...) from making pragmatic progress, and that removing some monuments is the first step in a slippery slope that will lead to excessive censure of historical figures. (shrink)

According to Helen Longino, objectivity is necessarily social as it depends on critical interactions in com- munity. Justin Biddle argues that Longino’s account presupposes individuals that are completely open to any criticism; as such individuals are in principle able to criticise their beliefs on their own, Longino’s account is not really social. In the first part of my paper I argue that even for completely open individuals, criticism for maintaining objectivity is only possible in community. In the second part I (...) question Biddle’s interpretation of Longino’s conception of the individual. I conclude that objectivity as Longino describes it is necessarily social. (shrink)

This paper is a critical notice of Philip Pettit's On the People's Terms: A Republican Theory and Model of Democracy. Pettit argues that only Republicanism can respond appropriately to the ‘evil of subjection to another's will – particularly in important areas of personal choice’ because its ideal of liberty – freedom as non-domination – both captures better than liberalism our commitment to individual liberty and explains better our commitment to the legitimacy of democratic decision-making than standard democrat accounts. If this (...) argument succeeds, it demonstrates that there is no real tension between the liberal thought that justice provides a standard for evaluating public decisions independent of the fact that they are taken democratically and the democratic thought that the fact that a decision is democratic suffices to make it legitimate. I argue, however, that Pettit finds himself caught between two contradictory positions: a version of Isaiah Berlin's negative concept of liberty and a positive liberty account of democracy. And I show that his attempt to resolve the tension fails because it requires him to embrace the positive liberty account he is committed to rejecting. (shrink)

Making decisions is an important component of everyday living, and issues surrounding autonomy and self-determination are crucial for persons with intellectual disabilities. Adults with intellectual disabilities are characterized by the limitations in their intellectual functioning and in their adaptive behavior, which compromises three skill types, and this starts before the age of 18. Though persons with intellectual disabilities are characterized by having these limitations, they are thought to face significant decisionmaking challenges due to their disability. Moving away from this generalization, (...) Article 12 of the United Nations Convention on the Rights of Persons with Disabilities addresses this issue of decision-making for persons with disabilities, recognizing the right to legal capacity. (shrink)

The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.

The Oxford Handbook of Philosophy and Race provides up-to-date explanation and analyses by leading scholars of contemporary issues in African American philosophy and philosophy of race. These original essays encompass the major topics and approaches in this emerging philosophical subfield that supports demographic inclusion and diversity while at the same time strengthening the conceptual arsenal of social and political philosophy. Over the course of the volume's ten topic-based sections, ideas about race held by Locke, Hume, Kant, Hegel, and Nietzsche are (...) supplemented by suppressed thought from the African diaspora, early twentieth-century African American perspectives and Native-, Asian-, and Latin-, American views. The contributors bring philosophical analysis to bear on the status of racial divisions as categories of humanity in the biological sciences, as well as within contemporary criticism and conceptual analysis. Essays present the special applications of American philosophy and continental philosophy to ideas of race as methodological alternatives to more analytic approaches. As a collection of analyses and assessments of 'race' in the real world, the volume pays trenchant and relevant attention to historical and contemporary racism and what it means to say that 'race' and racial identities are socially constructed. The essays analyze contemporary social issues including the importance of racial difference and identity in education, public health, medicine, IQ and other standardized tests, and sports. Additionally, the essays consider the societal limitations and structures provided by public policy and law. As a critical theory, the volume compares the study of race to feminism. Historical and contemporary, academic and popular, racisms pertaining to male and female gender receive special consideration throughout the volume. While this comprehensive collection may have the effect of a textbook, each of the original essays is a fresh and authentic development of important present thought. (shrink)

Margaret Atwood and David Suzuki are two of the most prominent Canadian public ‎intellectuals ‎involved in the global warming debate. They both argue that anthropogenic global ‎warming is ‎occurring, warn against its grave consequences, and urge governments and the ‎public to take ‎immediate, decisive, extensive, and profound measures to prevent it. They differ, ‎however, in the ‎reasons and evidence they provide in support of their position. While Suzuki ‎stresses the scientific ‎evidence in favour of the global warming theory and the (...) scientific ‎consensus around it, Atwood is ‎suspicious of the objectivity of science, and draws on an ‎idiosyncratic neo-Malthusian theory of ‎human development. Their implicit views ‎about the cognitive authority of science may be ‎identified with Critical Contextual Empiricism ‎and Feminist Standpoint Epistemology, respectively, ‎both of which face difficulties with ‎providing solid grounds for the position they advocate.‎ ‎. (shrink)

Online discourse has created a new media environment for contributions to public life, one that challenges the social significance of the role of public intellectuals—intellectuals who, whether by choice or by circumstance, offer commentary on issues of the day. The value of such commentary is rooted in the assumption that, by virtue of their training and experience, intellectuals possess knowledge—that they understand what constitutes knowledge with respect to a particular topic, are able to distinguish it from mere opinion, and are (...) in a position to define its relevance in different contexts. When intellectuals comment on matters of public concern, they are accordingly presumed to speak truth, whether they are writing books or op-ed columns or appearing as guests on radio and television news programs. At the same time, with increasing frequency, discourse on public life is taking place online. This new digital environment is characterized by abundance—an abundance of speakers, discussion, and access. But has this abundance of discourse—this democratization of knowledge, as some describe it—brought with it a corresponding increase in truth? Casting doubt on the assertion that online discourse, with its proliferation of voices, will somehow yield collective wisdom, Speaking Power to Truth raises concerns that this wealth of digitally enabled commentary is, in fact, too often bereft of the hallmarks of intellectual discourse: an epistemological framework and the provision of evidence to substantiate claims. Instead, the pursuit of truth finds itself in competition with the quest for public reputation, access to influence, and enhanced visibility. But as knowledge is drawn into the orbit of power, and as the line between knowledge and opinion is blurred, what role will the public intellectual play in the promotion and nurturing of democratic processes and goals? In exploring the implications of the digital transition, the contributors to Speaking Power to Truth provide both empirical evidence of, and philosophical reflection on, the current and future role of the public intellectual in a technologically mediated public sphere. Contributions by Barry Cooper, Jacob Foster, Karim-Ally Kassam, Boaz Miller, Liz Pirnie, and Eleanor Townsley. (shrink)

A leading classical utilitarian, John Stuart Mill is an unlikely contributor to the public reason tradition in political philosophy. To hold that social rules or political institutions are justified by their contribution to overall happiness is to deny that they are justified by their being the object of consensus or convergence among all those holding qualified moral or political viewpoints. In this chapter, I explore the surprising ways in which Mill nevertheless works to accommodate the problems and insights of the (...) public reason tradition, and the extent to which he makes arguments that can help those working within that tradition. Mill’s utilitarian theory incorporates the claim that the demands of social life require a publicly accepted set of normative expectations to govern judgments about when one has met one’s obligations and, relatedly, about the appropriateness of blame or punishment. (shrink)

This dissertation offers a robust philosophical examination of a phenomenon that is morally, socially, and politically significant – microaggressions. Microaggressions are understood to be brief and routine verbal, behavioral, or environmental indignities that, whether intentional or unintentional, convey hostility toward or bias against members of marginalized groups. Microaggressions are rooted in stereotypes and/or bias (whether implicit or explicit) and are connected to broader systems of oppression. Microaggressions are philosophically interesting, since they involve significant ambiguity, questions about speech and communication, and (...) the ability for our speech to encode and transmit bits of meaning. Microaggressions prompt reflection about the nature of blameworthiness and responsibility, especially for unintended acts and harms. They involve questions about how we perceive and treat one another, and whether or not people are treated as true equals in our social and political worlds. For all of these reasons, microaggressions are a critical area in need of philosophical reflection, specifically reflection in feminist philosophy, philosophy of language, moral philosophy, and social and political philosophy. This dissertation seeks to advance the philosophy of microaggressions through three distinct aims: a conceptual aim (chapters 2 and 3), an epistemological aim (chapters 1 and 2), and a moral aim (chapters 4 and 5). The conceptual aim involves clarifying how we should understand and categorize microaggressions. The epistemological aim involves identifying some of the epistemological assumptions undergirding discussions of microaggressions in the literature, including assumptions made by critics of microaggression theory, and arguing for an alternative epistemological framework for theorizing about microaggressions. The moral aim involves better understanding the harms of microaggressions, including their role in reinforcing structures of oppression and unjust social hierarchy. Taken together, these chapters make some progress on the conceptual, epistemological, and moral questions that microaggressions generate, and which philosophers have not yet adequately analyzed. It thus offers a meaningful contribution to the conversations philosophers are beginning to have about the morally and politically salient phenomenon of microaggressions. (shrink)

Environmental philosophers have argued that Kant’s philosophy offers little for environmental issues. Furthermore, Kant scholars typically focus on humanity, ignoring the question of duties to the environment. In my dissertation, I turn to a number of underexploited texts in Kant’s work to show how both sides are misguided in neglecting the ecological potential of Kant, making the case for the green Kant at the intersection of Kant scholarship and environmental ethics. I build upon previous literature to argue that the green (...) Kant matters for both sides. Rather than a liability, Kant is indeed a conceptual resource. Though many conceive of Kant’s philosophy as environmentally problematic, I argue that underappreciated evolutionary, aesthetic, and holistic sides of Kant’s philosophy can provide conceptual resources for issues in climate change and environmental ethics. Some aspects, such as the pre-critical view of nature, are quite green and merely require an application, while others, such as Kant’s philosophy of history, require a green appropriation to be relevant. The theoretical foundations I develop in these texts will allow Kantians to articulate duties regarding nature and duties for sustainability. This re-thinking of Kant redresses the complaints environmental thinkers hold against Kant. By means of a philosophical interpretation, defense, and application of particular texts from Kant’s works such as Universal Natural History, Critique of Judgment, and Idea for a Universal History, I show how the greening of Kant is not only helpful for contemporary issues, but also defensible. This will make the green Kant agreeable to Kant scholars yet all the while relevant for today with regard to environmental ethics and, more importantly, climate change. (shrink)