Epistemic arguments play a significant role in the foundations of market liberalism as exemplified, in particular, by the work of F. A. Hayek. Competition in free markets is claimed to be the most effective device both to utilize the knowledge dispersed throughout society as well as create new knowledge through innovation competition. The fast pace with which new economic opportunities are discovered and costs are reduced is considered proof of the benefits of free markets to the common good. However, with (...) its inherently unpredictable consequences, innovation competition is actually ambiguous in this respect. This feature raises questions over the stringency of market liberal pleas that oppose quests for redistribution and environmental concerns in an absolute fashion. (shrink)

In the ‘Introduction’ to Capitalism and Freedom, Friedman's stated intentions are to: establish the role of competitive capitalism as a system of economic freedom and a necessary condition for political freedom; indicate the proper role of government in a free society; and return the term ‘liberal’ ‘… to its original sense – as the doctrines pertaining to a free man’. In fact, Friedman accomplishes none of these things. This essay has three distinct, though related, objectives: first, to compare Friedman's position (...) with the liberal alternative; second, to show why Friedman's position is more properly regarded as libertarian than liberal; and third, to assess the quality of Friedman's argument in its own right. My purpose is to demonstrate that Friedman overlooks the important liberal insight that the unrestricted accumulation of private propety may limit rather than promote individual freedom. This omission is crucial. Not only does it divorce Friedman's conception from liberalism, it also vitiates his case for economic freedom as a necessary condition for political freedom. (shrink)

Intellectual interest in epistemic bubbles and echo chambers has grown exponentially over the past two decades. This is largely because many assume, in light of recent events, that these phenomena are morally, socially, politically, and epistemically problematic. But are we justified in simply assuming that epistemic bubbles and echo chambers are inherently epistemically problematic? Perhaps surprisingly, numerous philosophers have recently argued that epistemic bubbles and echo chambers are not intrinsically epistemically problematic. Nevertheless, I argue, this trend is mistaken. Epistemic bubbles (...) and echo chambers are all intrinsically epistemically problematic, such that we should try to escape them, if we find ourselves in them. Crucially, there are two senses in which we might identify epistemic bubbles and echo chambers as being intrinsically epistemically problematic, as opposed to “good.” After distinguishing between these senses, I demonstrate that, even if there is a sense in which epistemic bubbles can in principle be “good,” all epistemic bubbles are epistemically problematic in the sense that is ultimately relevant to the question of whether we ought to stay in epistemic bubbles or to try to get out of them. (shrink)

This article examines the question of private coercion in market societies, arguing for an unconditional basic income guarantee from a classical liberal viewpoint. It proposes three main arguments. First, classical liberals view the purpose of government to be the reduction of coercion, both public and private. Second, a proper understanding of the nature of coercion indicates that parties subject to certain types of hardship are being coerced. Third, where the total amount of coercion is reduced by eliminating the hardship, the (...) classical liberal state must do so to fulfill its purpose. Hence, this article argues that if the total amount of coercion in society can be reduced by the state employing the amount of coercion necessary to maintain an unconditional basic income guarantee, then the classical liberal state is obligated to maintain such a guarantee by its underlying justification. (shrink)

In this essay, I identify the reasons that libertarian principles have failed to capture the popular imagination as an acceptable form of civil society. By the term “libertarian” I mean a belief in and commitment to a set of methods and policies that have as their common aim greater freedom under law for individuals. The term “freedom” in this context means not only a commitment to civil liberties, such as freedom of expression, but also to economic liberties, including a commitment (...) to a laissez-faire policy of free enterprise and free trade between countries. Libertarians, therefore, are committed to the absolute minimum state intervention in the economy as well as in people's private lives. In a world constrained by these libertarian principles, people should be permitted to do as they please, constrained only by rules that prevent them from encroaching on the liberty of others. (shrink)

I address the questions of whether or not the very existence of heaven provides a motivation for killing. If universalism is true, then anyone killed will end up there, as will the killer. And given that heaven is infinitely better than earth, killing would be, on this view, the greatest gift possible to the “victim.” But if universalism is not true, there is perhaps an even greater incentive to kill one’s loved ones if one knows them to be currently heaven-bound: (...) that is, to save them from the risk of an infinitely terrible fate, that of somehow damning themselves between now and their natural death. This is an issue that we have all surely wondered about: if we’re going to heaven, what’s so bad about death that it must be condemned? But I think there is also a less-discussed problem raised by the very existence of heaven: that the existence of earth is thereby made redundant. What is earth but an annoying antechamber for heaven, one that we all wish we could bypass? I consider various attempts both to forestall the motivation for altruistic killing and to provide a justification for earth as more than a poor version of purgatory, and fail to find any that are truly compelling. I conclude that the existence of earth is therefore itself an argument against the existence of heaven. (shrink)

When should you engage with difficult arguments against your cherished controversial beliefs? The primary conclusion of this book is that your obligations to engage with counterarguments are more limited than is often thought. In some standard situations, you shouldn't engage with difficult counterarguments and, if you do, you shouldn't engage with them open-mindedly. This conclusion runs counter to aspects of the Millian political tradition and political liberalism, as well as what people working in informal logic tend to say about argumentation. (...) -/- Not all misleading arguments wear their flaws on their sleeve. Each step of a misleading argument might seem compelling and you might not be able to figure out what's wrong with it. Still, even if you can't figure out what's wrong with an argument, you can know that it's misleading. One way to know that an argument is misleading is, counterintuitively, to lack expertise in the methods and evidence-types employed by the argument. When you know that a counterargument is misleading, you shouldn't engage with it open-mindedly and sometimes shouldn't engage with it at all. You shouldn't engage open-mindedly because you shouldn't be willing to reduce your confidence in response to arguments you know are misleading. And you sometimes shouldn't engage closed-mindedly, because to do so can be manipulative or ineffective. -/- In making this case, Jeremy Fantl discusses echo chambers and group polarization, the importance in academic writing of a sympathetic case for the opposition, the epistemology of disagreement, the account of open-mindedness, and invitations to problematic academic speakers. (shrink)

Taking seriously the social dimensions of knowledge puts pressure on the assumption that epistemic agents can usefully be thought of as autonomous, interchangeable individuals, capable, insofar as they are rational and objective, of transcending the specificities of personal history, experience, and context. If this idealization is abandoned as the point of departure for epistemic inquiry, then differences among situated knowers come sharply into focus. These include differences in cognitive capacity, experience, and expertise; in access to information and the heuristics that (...) make it intelligible; and in motivating interests and orienting standpoint. Dissent takes on rather different significance, as a potentially productive feature of epistemic life rather than evidence of a failure of aperspectivality or an indication of error. The central questions are, then, what forms of diversity are epistemically consequential, and how can they best be deployed to ensure that the beliefs we warrant as knowledge are as well grounded and truth-tracking as possible. (shrink)

I compare the epistemic culture of Wikipedia with the epistemic culture of science, with special attention to the culture of collaborative research in science. The two cultures differ markedly with respect to (1) the knowledge produced, (2) who produces the knowledge, and (3) the processes by which knowledge is produced. Wikipedia has created a community of inquirers that are governed by norms very different from those that govern scientists. Those who contribute to Wikipedia do not ground their claims on their (...) reputations as knowers, for they stand to lose nothing if and when their contributions are found to be misleading or false. And the immediacy of the medium encourages gossip and jokes. Hence, though we have some reason to believe that an invisible hand aids scientists in realizing their epistemic goals, we cannot ground our confidence in what is reported on Wikipedia on the fact that an invisible hand ensures quality. Nor is the information on Wikipedia aptly justified in a manner similar to the way testimony can be justified. (shrink)

I critically examine Miriam Solomon’s critique of individualist normative accounts of scientific rationality and her own “social” account of scientific rationality that takes communities to be the locus of rationality. I argue that scientists are not influenced in their decision making by nonepistemic factors to the extent that Solomon suggests and an individualist account can show how judgmental heuristics are conducive to scientific success. I also argue that Solomon’s account of rationality cannot guide us when we do not yet know (...) what is most conducive to scientific success. Consequently, I offer a defense of internalist individualist accounts of rationality and suggest that what is social about rationality are the standards of epistemic responsibility. (shrink)

Philip Kitcher rejects the global pessimists' view that the conclusions reached in inquiry are determined by the interests of some segment of the population, arguing that only some inquiries, for example, inquiries into race and gender, are adversely affected by interests. I argue that the biases Kitcher believes affect such inquiries are operative in all domains, but the prevalence of such biases does not support global pessimism. I argue further that in order to address the global pessimists' concerns, the scientific (...) community needs criticism from people with diverse interests and background assumptions. (shrink)

I evaluate the extent to which we could learn something about how we should be conducting collaborative research in science from the research on groupthink. I argue that Solomon has set us in the wrong direction, failing to recognize that the consensus in scientific specialties is not the result of deliberation. But the attention to the structure of problem-solving that has emerged in the groupthink research conducted by psychologists can help us see when deliberation could lead to problems for a (...) research team. I argue that whenever we need to generate alternative solutions or proposals, groupthink is a genuine threat, and research teams would be wise to allow individuals opportunities to work alone. But the benefits of team work emerge when scientists seek to evaluate the various proposals generated, and determine a course of action. Then the group is less prone is groupthink, and the interaction of group members can be an epistemic asset. (shrink)

Paternalist policies in public health often aim to improve people’s well-being by reducing their options, regulating smoking offering a prime example. The well-being challenge is to show that people really are better off for having their options reduced. The distribution challenge is to show how the policies are justified since they produce losers as well as winners. If we start from these challenges, we can understand the importance of the empirical evidence that a very high proportion of smokers regret smoking. (...) In short, it is important that they regret it and important that the proportion is so high. This paper explains how, philosophically, regret can relate to well-being and it considers some of the strengths and weakness in the empirical research that the explanation brings out. The regret case for regulating smoking is indeed strong, although not as strong as the empirical researchers think. It is much weaker for paternalistic intervention in other public health problems, such as obesity and binge drinking. (shrink)

What role should legislation or policy play in avoiding the complications of in-vitro fertilization? In this article, we focus on single versus double embryo transfer, and assess three arguments in favour of mandatory single embryo transfer: risks to the mother, risks to resultant children, and costs to society. We highlight significant ethical concerns about each of these. Reproductive autonomy and non-paternalism are strong enough to outweigh the health concerns for the woman. Complications due to non-identity cast doubt on the extent (...) to which children are harmed. Twinning may offer an overall benefit rather than burden to society. Finally, including the future health costs for children in reproductive policy is inconsistent with other decisions. We conclude that mandatory single embryo transfer is not justified and that a number of countries should reconsider their current embryo transfer policy. (shrink)

A growing body of literature in feminist philosophy exposes the way in which occupying a particular group identity inhibits an affected agent’s ability to engage in communicative exchange effectively. These accounts reveal a fault in standard liberal defences of free speech, showing how, if free speech is a goal worth pursuing, then it must involve both a concern about the legitimate limits of state interference and of the effect of social norms on an agent’s communicative capacities. Building on the emergence (...) of a ‘critical’ branch of neo-republicanism, this article argues that such speech-related injustices are best understood as a feature of structural domination that threatens the agency of those affected. Recalibrating our understanding of free speech along critical republican lines thus secures discursive agency in our communicative exchanges in a way that both ensures democratic legitimacy and realises equal status for all. (shrink)

Drawing on Iris Marion Young’s essay, “House and Home: Feminist Variations on a Theme,” Weir argues for an alternative ideal of home that involves: (1) the risk of connection, and of sustaining relationship through conflict; (2) relational identities, constituted through both relations of power and relations of mutuality, love, and flourishing; (3) relational autonomy: freedom as the capacity to be in relationships one desires, and freedom as expansion of self in relationship; and (4) connection to past and future, through reinterpretive (...) preservation and transformative identification. (shrink)

Drawing on Iris Marion Young's essay, “House and Home: Feminist Variations on a Theme,” Weir argues for an alternative ideal of home that involves: the risk of connection, and of sustaining relationship through conflict; relational identities, constituted through both relations of power and relations of mutuality, love, and flourishing; relational autonomy: freedom as the capacity to be in relationships one desires, and freedom as expansion of self in relationship; and connection to past and future, through reinterpretive preservation and transformative identification.

Addressing the slippery slope argument (SSA) in legal contexts from the perspective of pragma-dialectics, this paper elaborates the conditions under which an SSA-scheme instance is used reasonably (rather than fallaciously). We review SSA-instances in past legal decisions and analyze the basic legal SSA-scheme. By illustrating the institutional preconditions influencing the reasoning by which an SSA moves forward, we identify three sub-schemes (causal SSA, analogical SSA, and Sorites SSA). For each sub-scheme we propose critical questions, as well as four rules that (...) clarify when the SSA scheme is used reasonably. The institutional preconditions make the analogical SSA expectable in common law contexts; the Sorites SSA is expectable in civil law contexts; whereas the causal SSA is common to both contexts. This result should inform future work on the identification of typical argumentative patterns for the SSA in legal contexts. (shrink)

Courts are sometimes called upon to review a law or some other official act of government to determine its constitutionality, its reasonableness, rationality, or its compatibility with fundamental principles of justice. In some jurisdictions, this power of judicial review includes the ability to ‘strike down’ or nullify a law duly passed by a legislature body. This article examines this practice and various criticisms of it, including the charge that it is fundamentally undemocratic. The focus is on the powerful critique mounted (...) by Jeremy Waldron, the foremost philosophical opponent of judicial review. (shrink)

Individual choice and freedom are repeatedly invoked in contemporary policy debates, including those with a focus on risk behaviors such as smoking and health insurance coverage. The idea of making the right choice with regard to health and well-being has been fortified by the neoliberal discourse of self-reliance, personal autonomy, and responsibility. This neoliberal view, stemming from the conceptualization of freedom of philosopher John Stuart Mill justifying the freedom of the individual in opposition to unlimited state control, holds that success, (...) good health, and favorable educational outcomes are largely due to individual effort. Correspondingly, so too is failure, including failure of.. (shrink)

Enhancing agency—or in a more colloquial term, promoting empowerment—is typically viewed as an unquestioned good. International organisations promote the empowerment of girls and other vulnerable groups around the world. Domestically, democracies rely for their legitimacy on the idea that citizens have agency; hence, civic educators aim to strengthen student ‘voice’ and their inclination to participate. This is all for good reason, as justice does depend in part on the agency of individuals and oppressed groups. But a focus on individual or (...) even collective agency has a dark side. For if people feel that they can change the world, then they also often feel that they should. This sense of responsibility to use one's agency at all times can encourage an instrumental relationship to others and make it difficult to learn receptively, particularly from people with whom we disagree, and especially in moments of crisis. (shrink)

For contagious diseases like measles a successful immunization program can result in herd protection. Small outbreaks may still occur but fade out soon, because the possibilities for the pathogen to spread in the ‘herd’ are very small. This implies that people who refuse to participate in such a program will still benefit from the protection it offers, but they don’t do their part in maintaining protection. Isn’t that a case of freeriding—and isn’t that unfair towards all the people who do (...) collaborate? If so, that might be considered an additional ground for making vaccination mandatory or compulsory.In this paper I argue that vaccination refusal can be considered as freeriding, but that this might not be unfair. The public good of herd protection is a peculiar public good because it supervenes on private benefits that are enjoyed by all who do opt for vaccination. For vaccinated individuals, the additional benefit of herd protection comes about, as it were, for free, and hence they can’t complain that others benefit without sharing in the burdens. There are however still other grounds for making vaccination compulsory or at least for seeing refusal as a morally wrong choice. (shrink)

Journal of Philosophy of Education, EarlyView.

National legal systems undergo profound changes when they are confronted with undemocratic power seizure. The same occurs when they experience a transition (back) to democracy. Thus far, these two types of transition have been studied in relative isolation. Nevertheless, it seems that both undemocratic usurpers and democratizing regimes affect the role of fundamental rule-of-law principles in similar ways. This article compares both types of transition and suggests that pragmatism and national identity are the driving forces behind similar legal mechanisms, affecting (...) legal principles, in those two forms of transition. Drawing on Carl Schmitt's idea of the state of exception and Ruti Teitel's work on transitional justice, this article shows that both kinds of transition share the same fundamental legal structure. (shrink)

Thomas Hobbes denied both that opinion provides access to truth and that it ought to be protected from political manipulation. Hobbes knew that his contempt for opinion put him at odds with the classical tradition of political philosophy. What he could not have known was that it also would put him at odds with modern, liberal democracy, which protects opinions—the opinions of the public—that it cannot invest with truth value.

When are we morally obligated as a society to help the homeless, and is coercive interference justified when help is not asked for, even refused? To answer this question, we propose a comprehensive taxonomy of different types of homelessness and argue that different levels of autonomy allow for interventions with varying degrees of pressure to accept help. There are only two categories, however, where paternalism proper is allowed, be it heavily qualified. The first case is the homeless person with severely (...) diminished autonomy as a result of mental illness, and the second case is the homeless person who runs a risk of serious and imminent harm to self. In the first case, namely, that of soft paternalism, we argue that coercive intervention in the case of a refusal to accept help should be focused on the provision of housing that meets basic needs—needs that we outline in the article. In the case of imminent and severe harm to self, the case of hard paternalism, we argue that forced intervention can only be allowed if it is temporary and local, namely focused on getting someone out of harm’s way. (shrink)

I drive a wedge between public deliberation and public justification, concepts tightly associated in public reason liberalism. Properly understood, the ideal of public justification imposes no restraint on citizen deliberation but requires that those who have a substantial impact on the use of coercive power, political officials, advance proposals each person has sufficient reason to accept. I formulate this idea as the Principle of Convergent Restraint and apply it to legislators to illustrate the general reorientation I propose for the public (...) reason project. (shrink)

In his recent bookThe Idea of Justice, Amartya Sen suggests that political philosophy should move beyond the dominant, Rawls-inspired, methodological paradigm – what Sen calls ‘transcendental institutionalism’ – towards a more practically oriented approach to justice: ‘realization-focused comparison’. In this article, I argue that Sen's call for a paradigm shift in thinking about justice is unwarranted. I show that his criticisms of the Rawlsian approach are either based on misunderstandings, or correct but of little consequence, and conclude that the Rawlsian (...) approach already delivers much of what Sen himself wants from a theory of justice. (shrink)

Provided we blame others accurately, is blaming them morally right even if we are guilty of similar wrongdoing ourselves? On the one hand, hypocrisy seems to render blame morally wrong, and unjustified; but on the other, even hypocritical blaming seems better than silence. I develop an account of the wrongness of hypocritical blaming which resolves this apparent dilemma. When holding others accountable for their moral failings, we ought to be willing to reason, together with them, about our own, similar failings. (...) Hypocrisy undermines this process of mutual deliberation. Thus, even if better than silence, hypocritical blaming is second-best, and that is why it is wrong. (shrink)

The call for a public health approach to gun violence has largely ignored what role the nascent Second Amendment jurisprudence will play in hindering change. Given the state interest for infringing on Second Amendment rights is nearly always public safety, public health law doctrine provides an apt framework for analysis.

Former NAACP chapter head Rachel Dolezal's attempted transition from the white to the black race occasioned heated controversy. Her story gained notoriety at the same time that Caitlyn Jenner graced the cover of Vanity Fair, signaling a growing acceptance of transgender identity. Yet criticisms of Dolezal for misrepresenting her birth race indicate a widespread social perception that it is neither possible nor acceptable to change one's race in the way it might be to change one's sex. Considerations that support transgenderism (...) seem to apply equally to transracialism. Although Dolezal herself may or may not represent a genuine case of a transracial person, her story and the public reaction to it serve helpful illustrative purposes. (shrink)

When mature minors face a decision with important consequences, such as whether to undergo a risky but potentially life-saving medical procedure, who should decide? Relying on liberal political theory’s account of the importance of decisional autonomy for adults, and given the scalar nature of the capacities needed to exercise decisional autonomy, I argue that mature minors with the requisite capacities and commitments have a right to decisional autonomy though they are not yet 18. I argue for this right using a (...) ‘balancing of interest’ account of rights: the interest mature minors have in decisional autonomy outweighs their parents’ interest in shaping their children as a means of ‘creative self-extension’. But I propose two limitations on this right: requests for waivers of the rule that one must be at least 18 to decide cannot be so numerous as to make adjudication impractical; and though a competent adult’s voluntary decision to refuse medical treatment should generally be respected, the state may reject a mature minor’s decision upon review by an indifferent judge of the minor’s capacities and reasons. The judge reviews not the substantive merits or prudence of the decision, but whether the decision promotes the interest in decisional autonomy, by asking among other things whether the decision is the minor’s own, is tethered to core commitments rather than based on arbitrary preferences, and could be regarded as reasonable to the minor’s ‘future self’. (shrink)

In light of technology that may reveal the content of a person’s innermost thoughts, I address the question of whether there is a right to ‘brain privacy’—a right not to have one’s inner thoughts revealed to others–even if exposing these thoughts might be beneficial to society. I draw on a conception of privacy as the ability to control who has access to information about oneself and to an account that connects one’s interest in privacy to one’s interests in autonomy and (...) associated reputational interests, and preserving one’s dignity. Focusing on the controversial case of Gilberto Valle, known as the ‘cannibal cop’, who faced legal punishment and moral reproach for deeply disturbing thoughts of doing violence to women, thoughts he claimed were mere fantasies, I argue that Valle has a right to brain privacy if he has a legitimate privacy interest that is not outweighed by competing societal interests in avoiding harm. Our weighing of competing privacy and societal interests will depend on the magnitude of the privacy interests in autonomy and dignity, and on how reliable the technology used to expose inner thoughts is in predicting future harmful behavior and identifying true threats. (shrink)

The low electoral turnout of young people raises serious concerns about intergenerational justice and representative democracy. A powerful method is needed to address this low electoral turnout: if young people can be encouraged to vote in greater numbers then this may lead to a virtuous circle for which politicians take young people’s views and interests more seriously; and more young people vote as a result. I argue that a scheme of financial incentives for young voters between the ages of 18 (...) and 28; paid only once a young person has attended an hour long information session and an hour long discussion session on the election; offers such a method. Section 1 of this paper outlines the extent of the problem of low voter turnout among young people; section 2 establishes that this is a problem for democracy; and section 3 analyses the reasons why young people choose not to vote. In section 4; I consider two prospective solutions to the low electoral turnout of young people; compulsory voting and financial incentives; and argue that while compulsory voting constitutes an unacceptable violation of our liberty; offering financial incentives to vote does not; and; in the form that I propose; such a scheme offers a powerful short-term and long-term solution to the low electoral turnout of young people. Finally; section 5 summarises the key arguments of sections 1-4; and argues that if academics and politicians are genuinely concerned about improving the political representation of young people and reducing the democratic deficit then they must seriously consider my proposed scheme of financial incentives for young voters. (shrink)

The article enters a heated debate about the ideals and organization of the postmodern left. Hardt and Negri, two key figures in this debate, claim that their concept of the multitude — a revolutionary, proletarian body that organizes singularities — integrates the insights of Deleuze and Lenin. I argue, however, that Deleuze anticipated and resisted a Leninist appropriation of his political theory. This essay challenges the widely accepted assumption that Hardt and Negri carry forth Deleuze’s legacy. At the same time, (...) the essay advocates Deleuze’s concept of left assemblages — protean political bodies working for freedom and equality — as a valuable but underappreciated contribution to the liberal-democratic tradition. (shrink)

We examine the bioethical issues that arise from long-duration space missions, asking what there is that is distinctive about such issues. We pay particular attention to the possibility that such space missions, certainly if they lead to self-sustaining space settlements, may require human enhancement, and examine the significance of reproduction in space for bioethics. We conclude that while space bioethics raises important issues to do with human survival and reproduction in very hazardous environments, it raises no issues that are distinct (...) from those in terrestrial bioethics. Rather, space bioethics raises extreme versions of bioethical issues that are already found in the military, when working in extreme environments (such as Antarctica), or when living in circumstances (such as in prison) where one’s autonomy is severely curtailed. (shrink)

This article analyzes the comparative history of the law and practice of abortion and assisted reproduction in the United States to consider the interplay between medical paternalism and legal paternalism. It supplements existing critiques of paternalism as harmful to women's equality with the medical perspective, as revealed through the writings of Alan F. Guttmacher, to consider when legal regulation might be warranted.