A recent argument by Nadelhoffer et al. defends a cautious optimism regarding the use of neuroprediction in relation to sentencing based, in part, on an assessment of the offender’s dangerousness. While this optimism may be warranted, Nadelhoffer et al.’s argument fails to justify it. Although neuropredictions provide individualized, non-statistical evidence they will often be problematic for the same reason that basing sentencing on statistical evidence is, to wit, that such predictions are insensitive to the offender’s dangerousness in relevant counterfactual situations (...) and, accordingly, fail to provide the court with knowledge of the offender’s dangerousness. Admittedly, it could be replied that standard clinical assessments of dangerousness possess the same objectionable feature, but doing so undermines a different part of Nadelhoffer et al.’s argument. Finally, I criticize an incentives-based rationale for sentencing informed by neuropredictions of dangerousness. (shrink)

Functionalism has long been the dominant paradigm in systems development practice. However, functionalism promotes an innate and immutable instrumental rationality that is indifferent to human values, rights, society, culture and international stability. It, in essence, lacks empathy. Although alternative paradigms have been promoted for decades in the systems development literature to help address this deficit, functionalism remains dominant. This paper reiterates the call for a fundamental paradigm shift away from myopic functionalism and towards a more empathic and human-centred philosophy. It (...) argues that the human-centred tradition offers a philosophically compatible and mature approach that can be practically harnessed for promoting empathy in systems development. The paper investigates the potential of systems development to become truly human-centred using data originally collected as part of a multi-method critical-interpretive study of privacy in information systems development. Multiple methods are used for the data analysis presented, including principal components analysis, hierarchical clustering, Q methodology and descriptive statistics. The multi-method analysis demonstrates that a marked discreteness exists between human-centred sentiments and instrumentally rational ones in systems development praxis. The paper concludes by presenting recommendations on how human-centred values can be practically fostered and engaged to enable greater empathy in contemporary system development and strengthen international stability. (shrink)

Whether “information” exists in biology, and in what sense, has been a topic of much recent discussion. I explore Shannon, Dretskean, and teleosemantic theories, and analyze whether or not they are able to give a successful naturalistic account of information—specifically accounts of meaning and error—in biological systems. I argue that the Shannon and Dretskean theories are unable to account for either, but that the teleosemantic theory is able to account for meaning. However, I argue that it is unable to account (...) for error. Thus I conclude that while talk of informational meaning is justifiable within a naturalistic framework, talk of informational error is not, and must be used in a metaphorical sense only. (shrink)

This essay aims to sharpen debates on the pros and cons of historical epistemology, which is now understood as a novel approach to the study of knowledge, by comparing it with the history of epistemology as traditionally pursued by philosophers. The many versions of both approaches are not always easily discernable. Yet, a reasoned comparison of certain versions can and should be made. In the first section of this article, I argue that the most interesting difference involves neither the subject (...) matter nor goal, but the methods used by the two approaches. In the second section, I ask which of the two approaches or methods is more promising given that both historical epistemologists and historians of epistemology claim to contribute to epistemology simpliciter. Using traditional problems concerning the epistemic role of perception, I argue that the historical epistemologies of Wartofsky and Daston and Galison fail to show that studying practices of perception is philosophically significant. Standard methods from the history of epistemology are more promising, as I show by means of reconstructing arguments in a debate about the relation between perception and judgment in psychological research on the famous moon illusion. (shrink)

Jennifer Radden argues that delusions play an important role in modernist epistemology, which is preoccupied with the justification and evaluation of beliefs. Another theme running through the book is the importance of culture for attribution of delusion. Beliefs that look delusional will not be treated as pathological if they are expressions of religious views or other culturally acceptable forms of life. It is hard to see why cultural acceptability should play a role in the modernist project of justification. I suggest (...) that we think less about a philosophical project of justification and turn our attention instead to commonsense judgements of the circumstances in which we see a belief as evidence of underlying pathology. I discuss cases in which unjustified beliefs are nonetheless treated as phenomena that are consistent with our views of how healthy human beings act, and suggest that alongside folk psychology we should acknowledge a folk epistemology that embraces such instances. I suggest that delusions are beliefs that folk epistemology treats as inexplicable, and that this approach solves some of the puzzles that Radden identifies as growing out of the modernist epistemic project. (shrink)

In The Order of Public Reason (2011a), Gerald Gaus rejects the instrumental approach to morality as a viable account of social morality. Gaus' rejection of the instrumental approach to morality, and his own moral theory, raise important foundational questions concerning the adequate scope of instrumental morality. In this article, I address some of these questions and I argue that Gaus' rejection of the instrumental approach to morality stems primarily from a common but inadequate application of this approach. The scope of (...) instrumental morality, and especially the scope of pure moral instrumentalism, is limited. The purely instrumental approach to morality can be applied fruitfully to moral philosophy only in situations of extreme pluralism in which moral reasoning is reduced to instrumental reasoning, because the members of a society do not share, as assumed by traditional moral theories, a consensus on moral ideals as a basis for the derivation of social moral rules, but only an end that they aim to reach. Based on this understanding, I develop a comprehensive two-level contractarian theory that integrates traditional morality with instrumental morality. I argue that this theory, if implemented, is most promising for securing mutually beneficial peaceful long-term cooperation in deeply pluralistic societies, as compared to cooperation in a non-moralized state of nature. (shrink)

Truth monism is the idea that only true beliefs are of fundamental epistemic value. The present paper considers three objections to truth monism, and argues that, while the truth monist has plausible responses to the first two objections, the third objection suggests that truth monism should be reformulated. On this reformulation, which we refer to as accuracy monism, the fundamental epistemic goal is accuracy, where accuracy is a matter of “getting it right.” The idea then developed is that accuracy is (...) a genus with several species. Believing truly is a prominent species, but it is not the only one. Finally, it is argued that accuracy monism is equally good or better than both traditional truth monism and its main dialectical rival, value pluralism, when it comes to satisfying three important axiological desiderata. (shrink)

This paper examines methodological issues raised by revealed preference theory in economics: particularly contemporary revealed preference theory. The paper has three goals. First, to make the case that revealed preference theory is a broad research program in choice theory—not a single theory—and understanding this diversity is essential to any methodological analysis of the program. Second, to explore some of the existing criticisms of revealed preference theory in a way that emphasizes how the effectiveness of the critique depends on the particular (...) version of revealed preference under consideration. Finally, three additional criticisms are presented that are aimed specifically at contemporary revealed preference theory. (shrink)

What can a moral realist say about why we should take morality seriously and about the relation between morality and rationality? I take off from Christine Korsgaard's criticism of moral realism on this score. The aim is to achieve an understanding of the relation between moral and rational properties and of the role of practical deliberation on a realist view. I argue that the justification for being concerned with rational and moral normative properties may not be an aspect of our (...) minds to which we have access. I argue against a view that gives automatic pride of place to the rational properties of our mind by drawing attention to valuable non-rational modes of thought such as creative, imaginative and instinctive thought. Thus the value of taking account of rationality is contingent on its benefits. But this is not why we should be taking account of morality. (shrink)

Current developments in empirical moral psychology have spawned a new perspective on the traditional metaethical question of whether moral judgment is based on reason or emotion. Psychologists and cognitive neuroscientists such as Joshua Greene argue that there is empirical evidence that emotion is essential for one particularly important subclass of moral judgments: so-called ?deontological judgments.? In this paper, I scrutinize this claim and argue that neither the empirical evidence for Greene's dual process-theory of moral judgment nor the normative conclusions it (...) is supposed to yield can be maintained. More specifically, I argue that the evidence from neuroimaging relies on a problematic reverse inference, that the behavioral data are flawed, and that the findings from focal brain damage do not support the model. From a normative point of view, Greene fails to show that we ought to discount the intuitions that give rise to deontological judgments because they respond to morally irrelevant factors: firstly, I show that they do not pick up on the factors Greene deems to be morally irrelevant in the first place, and secondly, I argue that there generally is reason to trust our deontological intuitions. (shrink)

The paper shows why and how an empirical study of fast-and-frugal heuristics can provide norms of good reasoning, and thus how (and how far) rationality can be naturalized. We explain the heuristics that humans often rely on in solving problems, for example, choosing investment strategies or apartments, placing bets in sports, or making library searches. We then show that heuristics can lead to judgments that are as accurate as or even more accurate than strategies that use more information and computation, (...) including optimization methods. A standard way to defend the use of heuristics is by reference to accuracy-effort trade-offs. We take a different route, emphasizing ecological rationality (the relationship between cognitive heuristics and environment), and argue that in uncertain environments, more information and computation are not always better (the “less-can-be-more” doctrine). The resulting naturalism about rationality is thus normative because it not only describes what heuristics people use, but also in which specific environments one should rely on a heuristic in order to make better inferences. While we desist from claiming that the scope of ecological rationality is unlimited, we think it is of wide practical use. (shrink)

We argue, contrary to epistemological orthodoxy, that knowledge is not purely epistemic—that knowledge is not simply a matter of truth‐related factors (evidence, reliability, etc.). We do this by arguing for a pragmatic condition on knowledge, KA: if a subject knows that p, then she is rational to act as if p. KA, together with fallibilism, entails that knowledge is not purely epistemic. We support KA by appealing to the role of knowledge‐citations in defending and criticizing actions, and by giving a (...) principled argument for KA, based on the inference rule KB: if a subject knows that A is the best thing she can do, she is rational to do A. In the second half of the paper, we consider and reject the two most promising objections to our case for KA, one based on the Gricean notion of conversational implicature and the other based on a contextualist maneuver. (shrink)

This paper argues that Pascal's formulation of his famous wager argument licenses an inference about God's nature that ultimately vitiates the claim that wagering for God is in one's rational self-interest. In particular, it is argued that if we accept Pascal's premises, then we can infer that the god for whom Pascal encourages us to wager is irrational. But if God is irrational, then the prudentially rational course of action is to refrain from wagering for him.

Recently, the ‘right to die’ became a major social issue. Few agree suicide is a right tout court. Even those who believe suicide (‘regular’, passive, or physician-assisted) is sometimes morally permissible usually require that a suicide be ‘rational suicide’: instrumentally rational, autonomous, due to stable goals, not due to mental illness, etc. We argue that there are some perfectly ‘rational suicides’ that are, nevertheless, bad mistakes. The concentration on the rationality of the suicide instead of on whether it is a (...) mistake may lead to permitting suicides that should be forbidden. (shrink)

Cognitive relativists‐pragmatists (Stich, Churchland) claim that human cognitive strategies, lacking a common goal, are in addition divergent to the point of incommensurability. They appeal to the study of reasoning heuristics for evidence on cognitive diversity and incorrigibility. It is here argued that no such evidence is offered by the research, which, on the contrary (1) presents heuristics as uniform across great variations; (2) offers advice for correcting and improving human reasoning; and (3) very often postulates a uniformity of core logical (...) strategies, built into reasoning competence. Cognitive research thus supports a moderate rationalism rather than relativism‐pragmatism. (shrink)

I shall argue that software agents can be attributed cognitive states, since their behaviour can be best understood by adopting the intentional stance. These cognitive states are legally relevant when agents are delegated by their users to engage, without users’ review, in choices based on their the agents’ own knowledge. Consequently, both with regard to torts and to contracts, legal rules designed for humans can also be applied to software agents, even though the latter do not have rights and duties (...) of their own. The implications of this approach in different areas of the law are then discussed, in particular with regard to contracts, torts, and personality. (shrink)

I develop a strategy for representing epistemic states and epistemic changes that seeks to be sensitive to the difference between voluntary and involuntary aspects of our epistemic life, as well as to the role of pragmatic factors in epistemology. The model relies on a particular understanding of the distinction between full belief and acceptance , which makes room for the idea that our reasoning on both practical and theoretical matters typically proceeds in a contextual way. Within this framework, I discuss (...) how agents can rationally shift their credal probability functions so as to consciously modify some of their contextual acceptances; the present account also allows us to represent how the very set of contexts evolves. Voluntary credal shifts, in turn, might provoke changes in the agent’s beliefs, but I show that this is actually a side effect of performing multiple adjustments in the total lot of the agent’s acceptance sets. In this way we obtain a model that preserves many pre-theoretical intuitions about what counts as adequate rationality constraints on our actual practices—and hence about what counts as an adequate, normative epistemological perspective. (shrink)

In his work, Jules Coleman has held that the rule of recognition, if conceived of as a shared cooperative activity, should be the gateway through which to incorporate moral constraints on the content of law. This analysis, however, leaves unanswered two important questions. For one thing, we do not know when or even why morality becomes a criterion of legality. And, for another thing, we still do not know what conception of morality it is that we are dealing with. In (...) this article, we will attempt to clarify in greater depth what relations there are between the social practice of law and morality. We will thus see how the cooperative nature of social practices imbues law with a moral force, and how this makes it possible to establish a "weak" connection between law and morality: To see this, we will need to single out some basic features of cooperative social practices, thus setting out a suitable framework for the view just mentioned. (shrink)

Standard discussions of prudence treat it as requiring time-slice management. That this is the standard view of prudence can be seen by its presence in two seemingly opposed positions on prudence, those of Thomas Nagel and Derek Parfit. I argue that this kind of view fails to properly appreciate the difficulty with being prudent, treating imprudence as a kind of theoretical mistake. I then offer a characterization of prudence as integrity, the holding together of disparate but temporally extended parts of (...) the self in a manner that makes the act of reasoning possible. (shrink)

This paper reviews the largely psychological literature surrounding apparent failures of human rationality (sometimes referred to as 'the Rationality Wars') and locates it with respect to concepts and issues within more traditional epistemological inquiry. The goal is to bridge the gap between these two large and typically disconnected literatures – concerning rationality and the psychology of human reasoning, on the one hand, and epistemological theories of justified or rational belief, on the other – and to do so in such as (...) way as to expose interesting points of contact and convergence between them. (shrink)

Anyone who has ever lived with roommates understands the Hobbesian state of nature implicitly. People sharing accommodations quickly discover that buying groceries, doing the dishes, sweeping the floor, and a thousand other household tasks, are all prisoner's dilemmas waiting to happen. For instance, if food is purchased communally, it gives everyone an incentive to overconsume. Individuals also have an incentive to buy expensive items that the others are unlikely to want. As a result, everyone's food bill will be higher than (...) it would be if everyone did their own shopping. Things are not much better when it comes to other aspects of household organization. Cleaning is a common sticking point. Once there are a certain number of people living in a house, cleanliness becomes a quasi-public good. If everyone ‘pitched in’ to clean up, then everyone would be happier. But there is a free-rider incentive—before cleaning, it's best to wait around a bit to see if someone else will do it. As a result, the dishes will stack up in the sink, the carpet will get grungy, and so on. (shrink)

Over the past few decades, reasoning and rationality have been the focus of enormous interdisciplinary attention, attracting interest from philosophers, psychologists, economists, statisticians and anthropologists, among others. The widespread interest in the topic reflects the central status of reasoning in human affairs. But it also suggests that there are many different though related projects and tasks which need to be addressed if we are to attain a comprehensive understanding of reasoning.

The doctrinal paradox shows that aggregating individual judgments by taking a majority vote does not always yield a consistent set of collective judgments. Philip Pettit, Luc Bovens, and Wlodek Rabinowicz have recently argued for the epistemic superiority of an aggregation procedure that always yields a consistent set of judgments. This paper identifies several additional epistemic advantages of their consistency maintaining procedure. However, this paper also shows that there are some circumstances where the majority vote procedure is epistemically superior. The epistemic (...) value of maintaining consistency does not always outweigh the epistemic value of making true judgments. (shrink)

A fully adequate solution to Newcomb’s Problem (Nozick 1969) should reveal the source of its extraordinary elusiveness and persistent intractability. Recently, a few accounts have independently sought to meet this criterion of adequacy by exposing the underlying source of the problem’s profound puzzlement. Thus, Sorensen (1987), Slezak (1998), Priest (2002) and Maitzen and Wilson (2003) share the ‘no box’ view according to which the very idea that there is a right choice is misconceived since the problem is ill-formed or incoherent (...) in some way. Among proponents of this view, Richard Jeffrey (2004) recently declared that he renounces his earlier position that accepted Newcomb problems as genuine decision problems. Significantly, Jeffrey suggests that “Newcomb problems are like Escher’s famous staircase on which an unbroken ascent takes you back where you started” (Jeffrey (2004; 113)). Jeffrey’s analogy is apt for a puzzle whose specific logical features can be precisely articulated. Along the lines of these related approaches, I propose to improve and clarify them by providing such a deeper analysis that elucidates their essential, related insights. (shrink)

Zhuangzi and Hui Shi's discussion about whether Zhuangzi knows 'fish's happiness' is a Daoist staple. The interpretations, however, portray it as humorous miscommunication between a mystic and a logician. I argue for a fine inferential analysis that explains the argument in a way that informs Zhuangzi philosophical lament at Hui Shi's passing. It also reverses the dominant image of the two thinkers. Zhuangzi emerges as the superior dialectician, the clearer, more analytic epistemologist. Hui Shi's arguments betray his tendency (manifest elsewhere) (...) to misstate the conclusions of their shared relativism leading him but not Zhuangzi to intuitive mysticism. (shrink)

We all pursue epistemic goals as individuals. But we also pursue collective epistemic goals. In the case of many groups to which we belong, we want each member of the group - and sometimes even the group itself - to have as many true beliefs as possible and as few false beliefs as possible. In this paper, I respond to the main objections to the very idea of such collective epistemic goals. Furthermore, I describe the various ways that our collective (...) epistemic goals can come into conflict with each other. And I argue that we must appeal to pragmatic considerations in order to resolve such conflicts. (shrink)

This paper argues that formal models of coherence are useful for constructing a legal epistemology. Two main formal approaches to coherence are examined: coherence-based models of belief revision and the theory of coherence as constraint satisfaction. It is shown that these approaches shed light on central aspects of a coherentist legal epistemology, such as the concept of coherence, the dynamics of coherentist justification in law, and the mechanisms whereby coherence may be built in the course of legal decision-making.

Evolutionary psychology purports to explain human capacities as adaptations to an ancestral environment. A complete explanation of human language or human reasoning as adaptations depends on assessing an historical claim, that these capacities evolved under the pressure of natural selection and are prevalent because they provided systematic advantages to our ancestors. An outline of the character of the information needed in order to offer complete adaptation explanations is drawn from Robert Brandon (1990), and explanations offered for the evolution of language (...) and reasoning within evolutionary psychology are evaluated. Pinker and Bloom's (1992) defense of human language as an adaptation for verbal communication, Robert Nozick's (1993) account of the evolutionary origin of rationality, and Cosmides and Tooby's (1992) explanation of human reasoning as an adaptation for social exchange, are discussed in light of what is known, and what is not known, about the history of human evolution. In each case, though a plausible case is made that these capacities are adaptations, there is not enough known to offer even a semblance of an explanation of the origin of these capacities. These explanations of the origin of human thought and language are simply speculations lacking the kind of detailed historical information required for an evolutionary explanation of an adaptation. (shrink)

Matti Eklund’s fascinating and wide-ranging Choosing Normative Concepts is an excellent contribution to metaethical debates (and beyond).1 Eklund’s professed di.

Skeptical invariantism does not account for the intuitive connections between knowledge, assertion, and practical reasoning and this constitutes a significant problem for the position because it does not save corresponding epistemic appearances (cf. Hawthorne (2004:131-5)). Moreover, it is an attraction of fallibilist over infallibilist-skeptical views that they can easily account for the epistemic appearances about the connections between knowledge, assertion, and practical reasoning (cf. Williamson (2000:249-255)). Call this argument ‘the argument from the knowledge norm’. I motivate and develop a Humean, (...) pragmatist strategy for a skeptical response to ‘the argument from the knowledge norm’. Afterwards I outline a ‘toy’ version of pragmatic skepticism that can implement the strategy and save our everyday practice of assertion and practical reasoning. To this effect, I distinguish between assertibility conditions and truth conditions for ‘know’ and suggest that while assertibility conditions are pragmatic conditions sensitive to practical exigencies, truth conditions are semantic conditions sensitive only to truth. I briefly respond to three objections and conclude that pragmatic skepticism is resourceful enough to save our everyday practice of (fallibilist) assertion and practical reasoning and, hence, pay some due respect to corresponding epistemic appearances. (shrink)

Rational beliefs and actions are typically evaluated against certain benchmarks, e.g., those of classical logic or probability theory. Rationality therefore is traditionally taken to involve some sort of reasoning, which in turn implies contentful cognition. Radically Enactive views of Cognition, on the other hand, claim that not all cognition is contentful. In order to show that rationality does not need to lie outside of REC’s scope of radicalizing cognition, I develop a Radically Enactive notion of Rationality, according to which rationality (...) is embodied, situated and contentless. For RER, an organism acts rationally insofar as it sustains a proficient interaction with its environment, which in turn requires the coordination of cognitive abilities in accordance with environmental constraints. Rationality is thus distinguished from reasoning, for reasoning is understood as a capacity to coordinate representational cognitive abilities. (shrink)

Suppose you decide or promise to do something that you have evidence is difficult to do. Should you believe that you will do it? On the one hand, if you believe that you will do it, your belief goes against the evidence—since having evidence that it’s difficult to do it constitutes evidence that it is likely that you won’t do it. On the other hand, if you don’t believe that you will do it but instead believe, as your evidence suggests, (...) that it is likely that you will fail, your decision is not serious and your promise is not sincere. This problem—I call it the Epistemological Problem of Difficult Action—is a pressing philosophical problem that each of us faces. In this paper I consider several possible responses to it. I conclude that the right response is to say that we should believe against the evidence. Cases in which we decide or promise to do something that we have evidence is difficult to do are the best counterexamples to evidentialism. (shrink)

What place, if any, moral principles should or do have in moral life has been a longstanding question f or moral philosophy. For some, the proposition that moral philosophy should strive to articulate moral principles has been an article of faith. At least since Aristotle, however, there has been a rieh counter-tradition that questions the possibility or value of trying to capture morality in principled terms. In recent years, philosophers who question principled approaches to morality have argued under the banner (...) of moral particularism. Particularists can be found in diverse areas of philosophical inquiry, and their positions and arguments are of broad interest. Despite its importance, a proper evaluation of particularism has been hindered both by the diversity of arguments employed to defend it, and, perhaps more significantly, by the diversity of positions that can fairly claim to be particularist. (shrink)

The idea that one can blamelessly violate a norm is central to ethics and epistemology. The paper examines the prospects for an account of blameless norm violation applicable both to norms governing action and norms governing belief. In doing so, I remain neutral on just what are the norms governing action and belief. I examine three leading suggestions for understanding blameless violation of a norm which is not overridden by another norm: doxastic accounts; epistemic accounts; and appeal to expected value. (...) We see that all of these accounts face problems when understood as accounts of blameless norm violation applicable to both belief and action. This leaves a variety of options including seeking an alternative account of blameless norm violation common to belief and action; concluding that we cannot determine the correct account of blameless norm violation independently of what are the norms of belief; and abandoning the project of finding a common account of blameless norm violation common to ethics and epistemology. (shrink)

Cooperation is the foundation of human social life, but it sometimes requires individuals to choose against their individual self-interest. How then is cooperation sustained? How do we decide when instead to follow our own goals? I develop a model that builds on Bacharach (in: Gold, Sugden (eds) Beyond individual choice: teams and frames in game theory, 2006) ‘circumspect we-reasoning’ to address these questions. The model produces a threshold cost/benefit ratio to describe when we-reasoning players should choose cooperatively. After assumptions regarding (...) player types and beliefs, we predict how the extent of cooperation varies across games. Results from two experiments offer strong support to the models and predictions herein. (shrink)

According to a recent view, known as the 'pragmatic encroachment' thesis, an agent’s non-truth-related factors are relevant to the epistemic status of her beliefs. In particular, in addition to truth-related factors, practical factors are said to be relevant to the question whether or not true belief amounts to knowledge. Despite the intuitive appeal of the thesis, however, it is puzzling how practical factors can impact the truth-related factors that ground the epistemic status of one's beliefs. In this paper, I will (...) distinguish between a strong and a weak sense of the way in which practical factors are said to be thus relevant. Their differences are explicated in terms of the nature and the extent to which practical factors are said to impact the epistemic status of one's beliefs. I begin by considering a strong version of the thesis that suggests principles according to which the practical rationality of one's actions is a necessary condition on knowledge and justification. Having noted an inadequacy in the formulation of such principles, the arguments in their support are subsequently stated and criticized. Finally, I identify two modest versions of the thesis of pragmatic encroachment and argue that they, too, fail to explain how practical factors can bear on the epistemic status of one's beliefs. (shrink)

(2013). Why humans are (sometimes) less rational than other animals: Cognitive complexity and the axioms of rational choice. Thinking & Reasoning: Vol. 19, No. 1, pp. 1-26. doi: 10.1080/13546783.2012.713178.

This paper studies how legal choices, and in particular legislative determinations, need to consider multiple rights and values, and can be assessed accordingly. First it is argued that legal norms (and in particular constitutional right-norms) often prescribe the pursuit of goals, which may be in conflict one with another. Then a model of teleological reasoning is brought to bear on choices affecting different goals, among which those prescribed by constitutional norms. An analytical framework is provided for evaluating such choices with (...) regard to possible alternatives. The assessment of legislative choices according to proportionality is then considered, and is modelled using the provided analytical framework. Finally, the framework is expanded to include the ideas of reasonableness and institutional deference, and the corresponding margins of appreciation. (shrink)

Life insurance settlements, or life settlements, are life insurance policies owned by investor-beneficiaries on the lives of unrelated individuals. With life settlements, investors make substantial payments to the insured individuals upon purchasing such policies, pay any remaining premius, and collect the death benefits upon the demise of the insured individuals. Transactions involving life settlements seem poised to become a major source of profits for investment banks, comparable in dollar amount to subprime mortgages. With life settlements, the insured individuals suffer no (...) immediate harm, and the sale of a policy an individual owns is permissible under current law. Nevertheless, moral questions can be posed about the social values expressed by these practices, the effect of these practices on the virtue of charity, and the overall loss of social utility that will result from life settlements. We consider life settlements from utilitarian and libertarian perspectives, and then consider the effects of life settlements on social values and on individual character. On balance, we favor legislative changes in insurance and tax laws to discourage life settlements, and argue that certain forms of life settlements should be banned outright. (shrink)

In this contribution the author develops an argumentation model for the reconstruction of weighing and balancing on the basis of teleological-evaluative considerations. The model is intended as a heuristic and critical tool for the rational reconstruction of the justification of judicial decisions. From the perspective of a rational discussion, it makes explicit the choices underlying the weighing and balancing on the basis of goals and values so that they can be made explicit and submitted to rational critique.

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

A historical theory of rational norms claims that, if we are supposed to think rationally, this is because it is biologically normal for us to do so. The historical theorist is committed to the view that we are supposed to think rationally only if, in the past, adult humans sometimes thought rationally. I consider whether there is any plausible model of rational norms that can be adopted by the historical theorist that is compatible with the claim that adult human beings (...) are subject to rational norms, given certain plausible empirical assumptions about our history and capabilities. I suggest that there is one such model: this model centres on the idea that a procedure is rational if it has been endorsed (or at least not rejected) by mechanisms that have the function to ensure that the subject learns to reason in a way that approaches a certain kind of optimality. (shrink)

Squeezed between increasing entitlement expenditures and static or declining real revenues, state-funded urban development is increasingly perceived as an unaffordable luxury. At the same time, the power and significance of the banking sector is giving way to new kinds of financial institutions that have little or no interest in community development. Not surprisingly, it is often argued that pension funds ought to be more sensitive to community needs. However, some analysts argue that pension funds are properly only the agents of (...) plan beneficiaries; any investment that took into account community needs would be, in effect, an unjustified tax on individuals' future welfare. Furthermore, analysts are very doubtful about the integrity of public pension plan investment decision-making. In this paper, I set out a morally informed justification of public pension plan investment in community development. In doing so, I develop a model of community development that stresses the reciprocal nature of the obligations embedded in the relationship between the community and pension plan beneficiaries. This approach also has significant implications for a wide variety of private sponsored plans. The paper begins with an assessment of pension fund decision-making and the practices of the investment management industry, drawing upon related research on pension fund capitalism. It goes on to issues of social obligation, referencing recent research on the nature of social contracts. To give the analysis empirical relevance I refer to the much disputed decision of the West Virginia legislature to require their public pension funds' Investment Management Board to invest in the state government's corrections authority. (shrink)

The digital divide refers to inequalities in access to information technology. One of the main reasons why the digital divide is an important issue is that access to information technology has a tremendous impact on people's ability to acquire knowledge. According to Alvin Goldman (1999), the project of social epistemology is to identify policies and practices that have good epistemic consequences. In this paper, I argue that this sort of approach to social epistemology can help us to decide on policies (...) for dealing with the digital divide. I argue, however, that Goldman's specific proposals for evaluating policies are not adequate. I make an alternative proposal based on the work of John Rawls (1971) on distributive justice. (shrink)

The purpose of this paper is to examine the normative interpretation of the fast-and-frugal research program and in particular to contrast it with the normative reading of rational choice theory and behavioral economics. The ecological rationality of fast-and-frugal heuristics is admittedly a form of normative naturalism – it derives what agents “ought” to do from that which “is” ecologically rational – and the paper will examine how this differs from the normative rationality associated with rational choice theory. I will also (...) attempt to assess the relative adequacy of normative ecological rationality. (shrink)