The neurosciences not only challenge assumptions about the mind’s place in the natural world but also urge us to reconsider its role in the normative world. Based on mind-brain dualism, the law affords only one-sided protection: it systematically protects bodies and brains, but only fragmentarily minds and mental states. The fundamental question, in what ways people may legitimately change mental states of others, is largely unexplored in legal thinking. With novel technologies to both intervene into minds and detect mental activity, (...) the law should, we suggest, introduce stand alone protection for the inner sphere of persons. We shall address some metaphysical questions concerning physical and mental harm and demonstrate gaps in current doctrines, especially in regard to manipulative interferences with decision-making processes. We then outline some reasons for the law to recognize a human right to mental liberty and propose elements of a novel criminal offence proscribing severe interventions into other minds. (shrink)

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

Though it seems rather surprising in retrospect, until about twenty-five years ago no philosopher in the Western tradition had explicitly formulated the question whether there could be an epistemic analogue to practical akrasia. Also surprisingly, despite the prima facie analogue with practical akrasia (the possibility of which is not much disputed), much of the recent work on this question has defended the rather bold view that epistemic akrasia is impossible. While the arguments purporting to show the impossibility of epistemic akrasia (...) have been criticized by some, I propose instead to make a head-on attack and defend the substantive view that epistemic akrasia is possible — indeed, actual. This leaves for another day the project of diagnosing exactly where the arguments for the impossibility of epistemic akrasia go wrong. Here, I content myself with trying to show that they must go wrong, since — as I will argue — epistemic akrasia is possible. (shrink)

This paper defends the possibility of doxastic freedom, arguing that doxastic freedom should be modelled not on freedom of action but on freedom of intention. Freedom of action is exercised by agents like us, I argue, through voluntary control. This involves two conditions, intentions-reactivity and reasons-reactivity, that are not met in the case of doxastic states. Freedom of intention is central to our agency and to our moral responsibility, but is not exercised through voluntary control. I develop and defend an (...) account of freedom of intention, arguing that constitutive features of intention ensure that freedom of intention cannot require voluntary control. Then I show that an analogous argument can be applied to doxastic states. I argue that if we had voluntary control of intentions or of doxastic states, this would actually undermine our freedom. (shrink)

I argue that free will and determinism are compatible, even when we take free will to require the ability to do otherwise and even when we interpret that ability modally, as the possibility of doing otherwise, and not just conditionally or dispositionally. My argument draws on a distinction between physical and agential possibility. Although in a deterministic world only one future sequence of events is physically possible for each state of the world, the more coarsely defined state of an agent (...) and his or her environment can be consistent with more than one such sequence, and thus different actions can be “agentially possible”. The agential perspective is supported by our best theories of human behaviour, and so we should take it at face value when we refer to what an agent can and cannot do. On the picture I defend, free will is not a physical phenomenon, but a higher-level one on a par with other higher-level phenomena such as agency and intentionality. (shrink)

This essay emerges from consideration of a question in the epistemology of ethics or morality. This is not the common claim-centered question as to how moral claims are confirmed and whether their mode of confirmation gives us grounds to be confident about the prospects for ethical discourse. Instead, I am concerned with the less frequently posed concept-centered question of where in human experience moral terms or concepts are grounded — that is, where in experience the moral becomes salient to us. (...) This question was central to moral epistemology in the form it took among thinkers such as Locke, Hume, and Kant, and it remains of the first importance today. (shrink)

This article discusses the arguments against associating epistemic responsibility with the ordinary notion of agency. I examine the various 'Kantian' views which lead to a distinctive conception of epistemic agency and epistemic responsibility. I try to explain why we can be held responsible for our beliefs in the sense of obeying norms which regulate them without being epistemic agents.

Determinism is a claim about the laws of nature: very roughly, it is the claim that everything that happens is determined by antecedent conditions together with the natural laws. Incompatibilism is a philosophical thesis about the relevance of determinism to free will: that the truth of determinism rules out the existence of free will. The incompatibilist believes that if determinism turned out to be true, it would also be true that we don't have, and have never had, free will. The (...) compatibilist denies that determinism has the consequences the incompatibilist thinks it has. According to the compatibilist, the truth of determinism does not preclude the existence of free will. (Even if we learned tomorrow that determinism is true, it might still be true that we have free will.) The philosophical problem of free will and determinism is the problem of understanding, how, if at all, the truth of determinism might be compatible with the truth of our belief that we have free will. That is, it's the problem of deciding who is right: the compatibilist or the incompatibilist. (shrink)

Some philosophers think that forgiveness should only be granted in response to the wrongdoer’s repentance, while others think that forgiveness can properly be given unconditionally. In this paper I show that both of these positions are partially correct. In redemptive forgiveness we wipe the wrong from the offender’s moral record. It is wrong to forgive redemptively in the absence of some atonement. Personal forgiveness, on the other hand, is granted when the victim overcomes inappropriate though humanly understandable feelings of hate (...) or vindictive anger towards the wrongdoer and comes to see them as deserving of a certain unconditional respect ’qua’ moral agent. Personal forgiveness is unconditionally admirable. (shrink)

Suppose that there is no real distinction between 'mad' and 'bad' because every truly bad-acting agent, proves to be a morally incompetent one. If this is the case: should we not change our ordinary interpersonal relationships in which we blame people for the things they do? After all, if people literally always act to 'the best of their abilities' nobody is ever to blame for the wrong they commit, whether these wrong actions are 'horrible monster'-like crimes or trivial ones, such (...) as cycling on a footpath. This paper offers a skeptical solution, i.e., a solution that does not depend upon the existence of individual responsibility for extreme wrongdoing. I conclude that even in the 'worst case' that skepticism about the distinction between mad and bad is warranted, we are nevertheless justified to treat one another; in general, as morally competent agents who are often to blame for the wrong they commit. (shrink)

Political theorists have offered many accounts of collective decision-making under pluralism. I discuss a key dimension on which such accounts differ: the importance assigned not only to the choices made but also to the reasons underlying those choices. On that dimension, different accounts lie in between two extremes. The ‘minimal liberal account’ holds that collective decisions should be made only on practical actions or policies and that underlying reasons should be kept private. The ‘comprehensive deliberative account’ stresses the importance of (...) giving reasons for collective decisions, where such reasons should also be collectively decided. I compare these two accounts on the basis of a formal model developed in the growing literature on the ‘discursive dilemma’ and ‘judgment aggregation’ and address several questions: What is the trade-off between the (minimal liberal) demand for reaching agreement on outcomes and the (comprehensive deliberative) demand for reason-giving? How large should the ‘sphere of public reason’ be? When do the decision procedures suggested by the two accounts agree and when not? How good are these procedures at truthtracking on factual matters? What strategic incentives do they generate for decision-makers? My discussion identifies what is at stake in the choice between minimal liberal and comprehensive deliberative accounts of collective decisionmaking, and sheds light not only on these two ideal-typical accounts themselves, but also on many characteristics that intermediate accounts share with them. (shrink)

The Uncontrollability Thesis is that it is metaphysically impossible consciously to believe that p at will. I review the standard ways in which this might be explained. They focus on the aim or purpose of belief being truth. I argue that these don't work. They either explain the aim in a way which makes it implausible that the Uncontrollability Thesis is true, or they fail to justify their claim that beliefs should be understood as aimed at the truth. I further (...) argue that the explanations don't cut deep enough. Making the aim of truth internal to a state does not explain why we can't produce at will states without this feature but sharing these states' motivational role. I put forward a different explanation. I argue that consciousness makes manifest the attraction of the norm of truth. If we are consciously attending to the question of whether p, we cannot help but make a judgement in line with what the evidence gives us grounds for believing true. (shrink)

This paper examines the role of respect (specifically, the interest in having the respect of other people) in enabling blame to be effective: i.e., to achieve the desired effect of changing the blamed’s attitude and behavior. It develops an account of blame’s operations in three different cases: standard, intermediate, and proleptic. It ends by raising the worry that effective blame toward the morally distant approximates manipulation and coercion, leaving a moral residue.

In this paper, I offer a theory of autonomous agency that relies on the re-sources of a strongly cognitivist theory of intention and intentional action. On the proposed account, intentional action is a graded notion that is ex-plained via the agent’s degree of practical knowledge. In turn, autonomous agency is also a graded notion that is explained via the agent’s degree of practical understanding. The resulting theory can synthesize insights from both the hierarchical and the cognitivist theories of autonomy with (...) at least some aspects of the reason-responsiveness theories. Moreover, by treating practical knowledge and practical understanding as gradable no-tions, the paper offers a strategy to respond to enduring objections against cognitivism about intention, control, and autonomy. (shrink)

Philosophy is witnessing an “Agential Turn,” characterised by the thought that explaining certain distinctive features of human mentality requires conceiving of many mental phenomena as acts, and of subjects as their agents. We raise a challenge for three central explanatory appeals to mental agency––agentialism about doxastic responsibility, agentialism about doxastic self‐knowledge, and an agentialist explanation of the delusion of thought insertion: agentialists either commit themselves to implausibly strong claims about the kind of agency involved in the relevant phenomena, or make (...) appeals to agency which seem explanatorily redundant. The agentialist literature does not contain a clear answer to this Agentialist Dilemma, and we put it forward here as a core challenge for the Agential Turn. But we also accept the fundamental motivation behind the Agential Turn, its critique and rejection of a purely passivist and spectatorial conception of the human mind. We close by urging the recognition of a broader category of rational subjectivity, a category which includes states which are neither active nor passive, but nevertheless form part of a subject's rational point of view on the world. (shrink)

Most nonhuman animals live on the terms imposed on them by human beings. This condition of being under the mastery of another, or domination, is what republicanism identifies as political unfreedom. Yet there are several problems that must be solved in order to successfully extend republicanism to animals. Here I focus on the question of whether freedom can be a benefit for individuals without a free will. I argue that once we understand the grounds that make freedom a desirable property (...) of choices, we can see how it is appropriate to predicate it of those made by any sentient agent. (shrink)

Although we are morally responsible for things of various kinds, what we bear direct responsibility for are certain exercises of our agency (and perhaps some omissions of these). Theorists disagree about what kind of agency is in this respect the source of our responsibility. Some hold that it is agency the exercises of which are actions. Others say that it is agency exercised in forming reasons-responsive attitudes on the basis of our take on reasons (or value). With attention to the (...) relation of moral responsibility to moral obligation, I argue for the first of these views. (shrink)

Testimonial injustice occurs when hearers attribute speakers a credibility deficit because of an identity prejudice and consequently dismiss speakers’ testimonial assertions. Various philosophers explain testimonial injustice by appealing to interpersonal norms arising within testimonial exchanges. When conversational participants violate these interpersonal norms, they generate second-personal epistemic harms, harming speakers as epistemic agents. This focus on testimony, however, neglects how systematically misevaluating speakers’ knowledge affects conversational participants more generally. When hearers systematically misevaluate speakers’ conversational competence because of entrenched assumptions about what (...) speakers know, I call these conversational epistemic injustices. I argue the same epistemic harm in testimonial injustice arises for non-assertoric speech acts, generating conversational epistemic injustices. For across speech acts, deflated knowledge attributions create second-personal harms that prevent speakers from using their knowledge in linguistic exchanges, limiting their epistemic agency. These harms however are not reducible to linguistic harms, (e.g.,) silencing or discursive injustice. This article applies insight from how second-personal epistemic harm arises in testimonial exchanges to conversational exchanges more generally, demonstrating that epistemic injustices arise beyond testimonial exchanges and contexts of inquiry because deflated knowledge attributions undermine general conversational norms requiring participants assume each other’s conversational competence, generating conversational epistemic injustices. (shrink)

Quality of will accounts of moral responsibility hold that ill will is necessary for blameworthiness. But all such accounts are false to ordinary moral practice, which licenses blame for agents who act wrongly from epistemically unreasonable ignorance even if the act is not ill willed. This should be especially concerning to Strawsonians about moral responsibility, who think the genuine conditions of blameworthiness are derived from the standards internal to our practice. In response, I provide a theory of moral blameworthiness on (...) which ill will is not necessary for blameworthiness. On the view I defend, “Rational Capacitarianism,” agents are blameworthy whenever they act wrongly from an unreasonable attitude which is attributable to them, where an attitude is attributable to an agent just in case she has the capacity to assess reasons for and against the attitude and modulate the attitude in light of these assessments. Acting from unreasonable ignorance is just a special case of acting from an unreasonable attitude. My theory contrasts both with both quality of will accounts of blameworthiness and the Capacitarian view, which specifies that agents who act wrongly from ignorance are culpable if they could and should have known better. On Capacitarianism, a variety of awareness-relevant capacities are pertinent, including memory; on my view it is only failures of rational capacities that render the agent culpable, because only failures of rational capacities are attributable to the agent. (shrink)

In many ways one’s quest for knowledge can go wrong. Since the publication ofAmélie Rorty’s article “Akratic Believers”, in 1983, there has been a great deal of discussion asto one particular form of flaw in reasoning to which we, as less-than-perfect rational entities,are continuously prone to in our epistemic endeavors: “epistemicakrasia”. The debate that article gave rise became, then, split between authors to whom the ideaof epistemicakrasiapromotes an interesting diagnosis of some of our intellectual imperfec-tions, and their opponents, those who (...) disclaim the very possibility of the phenomenon. Inthis paper I’ll examine, and present original objections to, four of the main arguments put for-ward by the latter, showing that none of them have consistently ruled out all the legitimatelyconceivable forms of the phenomenon. (shrink)

Part of our ordinary conception of our freedom is the idea that commonly when we act—and often even when we don’t act—it is up to us whether we do this or that. This paper examines efforts to spell out what must be the case for this idea to be correct. Several claims regarding the basic metaphysics of agential powers are considered; they are found not to shed light on the issue. Thinking about agents’ psychological capacities provides some illumination, though the (...) idea of freedom remains puzzling. (shrink)

This paper discusses practical akrasia from the perspective of the sophisticated form of moral subjectivism that can be derived from Nuno Venturinha’s remarks on moral matters.

Many of our beliefs behave irrationally: this is hardly news to anyone. Although beliefs’ irrational tendencies need to be taken into account, this paper argues that beliefs necessarily preserve at least a minimal level of rationality. This view offers a plausible picture of what makes belief unique and will help us to set beliefs apart from other cognitive attitudes.

In this article I describe and defend an account of social freedom grounded in intersubjective recognition. I term this the ‘normative authorisation’ account. It holds that a person enjoys social freedom if she is recognised as a discursive equal able to engage in justificatory dialogue with other social agents about the appropriateness of her reasons for action. I contrast this with Axel Honneth’s theory of social freedom, which I term the ‘self-realisation’ account. According to this view, the affirmative recognition of (...) others is necessary for obtaining a positive relation-to-self and hence freedom. I identify several problems with this account, which challenge the connection Honneth draws between social recognition and freedom. I show how the normative authorisation account avoids these problems and captures some basic features of our everyday, normative interactions. Finally, I suggest that the account fits well with recent work on epistemic injustice. Specifically, it shows that securing the social conditions of freedom requires ensuring epistemically-just social relations. Thus, the normative authorisation account is an explanatorily powerful, inclusive theory of social freedom that fits well with wider accounts of justice and freedom. Thus, it represents the most promising way of understanding social freedom in terms of interpersonal recognition. (shrink)

We seem to be responsible for our beliefs in a distinctively epistemic way. We often hold each other to account for the beliefs that we hold. We do this by criticising other believers as ‘gullible’ or ‘biased’, and by trying to persuade others to revise their beliefs. But responsibility for belief looks hard to understand because we seem to lack control over our beliefs. In this paper, I argue that we can make progress in our understanding of responsibility for belief (...) by thinking about it in parallel with another kind of responsibility: legal responsibility for criminal negligence. Specifically, I argue that that a popular account of responsibility for belief, which grounds it in belief’s reasons-responsiveness, faces a problem analogous to one faced by H.L.A. Hart’s influential capacity-based account of culpability. This points towards a more promising account of responsibility of belief, though, if we draw on accounts of negligence that improve on Hart’s. Broadly speaking, the account of negligence that improves on Hart’s account grounds culpability in a concern for others’ interests, whereas my account of epistemic responsibility grounds responsibility for belief in a concern for the truth. (shrink)

This paper examines the methodological claim made famous by P.F. Strawson: that we understand what features are required for responsible agency by exploring our attitudes and practices of holding responsible. What is the presumed metaphysical connection between holding responsible and being fit to be held responsible that makes this claim credible? I propose a non-standard answer to this question, arguing for a view of responsible agency that is neither anti-realist (i.e. purely 'conventionalist') nor straightforwardly realist. It is instead ‘constructivist’. On (...) the ‘Scaffolding View’ I defend, reactive attitudes play an essential role in developing, supporting, and thereby maintaining the capacities that make for responsible agency. While this view has relatively novel implications for a metaphysical understanding of capacities, its chief virtue, in contrast with more standard views, is providing a plausibly defensible account of how so-called responsible agents genuinely deserve to be treated as such. (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)

ABSTRACTWe express and communicate many attitudes beyond belief, such as amusement, joy, admiration, hatred, and desire. I consider whether there are any general norms that would cover all of these cases. The most obvious generalisation of the most popular norms for assertion, fittingness-based theories, fail in part because it is sometimes an intrinsic good to have certain kinds of mental states. I develop an alternative, rightness-based, approach, according to which it is appropriate to communicate a mental state to an interlocutor (...) when it is right to make the interlocutor have that mental state because of the speech act. This view arises naturally from conversational participants’ common interests, and it helps to make sense of linguistic phenomena like expressives. (shrink)

This chapter explores the relationship between ethical judgement writ large (as opposed to merely moral judgement) and motivation. We discuss arguments for and against views on which ethical judgement entails motivation, either alone or under conditions of rationality or normalcy, either at the individual or community level.

Most agree that believing a proposition normally or ideally results in believing that one believes it, at least if one considers the question of whether one believes it. I defend a much stronger thesis. It is impossible to believe without knowledge of one's belief. I argue, roughly, as follows. Believing that p entails that one is able to honestly assert that p. But anyone who is able to honestly assert that p is also able to just say – i.e., authoritatively, (...) yet not on the basis of evidence – that she believes that p. And anyone who is able to just say that she believes that p is able to act in light of the fact that she holds that belief. This ability to act, in turn, constitutes knowledge of the psychological fact. However, without a broader theory of belief to help us make sense of this result, this conclusion will be hard to accept. Why should being in a particular mental state by itself necessitate an awareness of being in that state? I sketch a theory that helps to answer this question: believing is a matter of viewing a proposition as what one ought to believe. I show how this theory explains the thesis that to believe is to know that you believe. (shrink)

In this paper I argue that to understand minded agency – the capacity we typically find instantiated in instances of human behaviour that could sensibly be questioned by asking “What did you do?” – one needs to understand childhood, i.e. the trajectory of learning to act. I discuss two different types of trajectory, both of which seem to take place during childhood and both of which might be considered crucial to learning to act: a growth of bodily control (GBC) and (...) a growth in taking responsibility (GTR). The discussion of GTR takes up about half of the entire paper. In the final two sections I argue that GTR is the most promising trajectory in terms of which to understand a child’s process of learning to act. (shrink)

Is there a sense in which we exercise direct volitional control over our beliefs? Most agree that there is not, but discussions tend to focus on control in forming a belief. The focus here is on sustaining a belief over time in the face of ‘epistemic temptation’ to abandon it. It is argued that we do have a capacity for ‘doxastic self-control’ over time that is partly volitional in nature, and that its exercise is rationally permissible.

Freedom is sometimes cast as the psychological ideal that distinguishes human beings from other animals; sometimes as the ethical ideal that distinguishes some human beings from others; and sometimes as the political ideal that distinguishes some human societies from others. This paper is an attempt to put the three ideals in a common frame, revealing their mutual connections and differences.

The ideal of personal autonomy faces a challenge from advocates of orthonomy, who think good government should displace self-government. These critics claim that autonomy is an arbitrary kind of psychological harmony and that we should instead concentrate on ensuring our motivations and deliberations are responsive to reasons. This paper recasts these objections as part of an intramural debate between approaches to autonomy that accept or reject the requirement for robust rational capacities. It argues that autonomy depends upon such responsiveness to (...) reasons, countering objections that ‘externalist’ rationalist criteria strip the self from self-government. (shrink)

I argue that cognitively mature human beings have an important sort of control or discretion over their own beliefs, but that to make good sense of this control, we must reject the common idea that it consists in a capacity to act on our belief-state by forming new beliefs or modifying ones we already hold. I propose that we exercise agential control over our beliefs, not primarily in doing things to alter our belief-state, but in holding whatever beliefs we hold. (...) Our beliefs are thus not normally things on which we act; they are themselves our acts, in a sense I seek to explicate. (shrink)

We tend to prescribe and appraise doxastic states in terms that are broadly deontic. According to a simple argument, such prescriptions and appraisals are improper, because they wrongly presuppose that our doxastic states are voluntary. One strategy for resisting this argument, recently endorsed by a number of philosophers, is to claim that our doxastic states are in fact voluntary (This strategy has been pursued by Steup 2008 ; Weatherson 2008 ). In this paper I argue that this strategy is neither (...) successful nor necessary. Our doxastic states are not voluntary in any interesting sense. But once we see why our doxastic states are not voluntary, we can also see that there is no apparent reason to think that deontic prescriptions and appraisals—epistemic ones, at any rate—presuppose doxastic voluntarism. Indeed, there is good reason to deny that they do so. Finally, I diagnose the misleading attraction of the idea that what I call ‘epistemic deontology’ presupposes doxastic voluntarism. (shrink)

There are concepts of freedom of mind and freedom of belief which do not depend on the freedom of agency. After discussing some impediments to such freedom of mind, the paper explores some arguments of Dennett, Michael Smith and Philip Pettit, and Josefa Toribio. Borrowing ideas from Schiller, the paper concludes that such freedom has an emotional or aesthetic dimension.

One way of discerning what sort of control we have over our mental lives is to look at cases where that control is not exercised. This is one reason why philosophers have taken an interest in the phenomenon of akrasia, in an agent's ability to do, freely and deliberately, something that they judge they ought not to do. Akrasia constitutes a failure of control but not an absence of control. The akratic agent is not a compulsive; an akratic agent has (...) the ability to control their action, to make it conform to their judgement, but they fail to exercise that ability. They freely and deliberately give in to temptation. (shrink)

Philip Pettit, Michael Smith, and Tyler Burge have suggested that the similarities between theoretical and practical reasoning can bolster the case for judgment internalism – i.e. the claim that normative judgments are necessarily connected to motivation. In this paper, I first flesh out the rationale for this new approach to internalism. I then argue that even if there are reasons for thinking that internalism holds in the theoretical domain, these reasons don’t generalize to the practical domain.

This paper puts forward a novel, two-tiered view of moral agency which captures the key concerns of two competing theories. According to the capacitarian view, in order for someone to be an appropriate target of the reactive attitudes and practices, they must possess an independent, objective capacity for recognizing and responding to moral reasons. According to the moral influence view, this capacity fully depends for both development and maintenance on reactive scaffolding. I will argue that the moral influence view cannot (...) account for the autonomous capacity involved in cases where agents go against the grain of their moral community. At the same time, however, the capacitarian view neglects the role of reactive scaffolding in moral development. My solution is to distinguish responsible agency, understood as reactive scaffolding-sensitivity, from moral autonomy, understood as autonomous moral reasons-sensitivity. However, while the moral influence view cannot explain moral autonomy, it gives a promising account of responsible agency and offers important insights into how we might develop moral autonomy. (shrink)

Supporters of paternalistic policies argue that interference with risky or dangerous choices for citizens’ own good is permissible, as long as those choices are caused by cognitive irrationality or ignorance. Yet, some liberal thinkers argue that despite human irrationality, paternalistic policies are still wrong because they fail to respect citizens as moral equals. I argue that actually both views are mistaken about what respect for citizens requires, because they conceptualize the citizens’ interests from the wrong standpoint. In order for citizens (...) to be respected as equals, I argue that citizens’ interests must be defined from a joint (second-person) standpoint which is constructed through a dialogical process between policymakers and citizens oriented towards mutual understanding. Furthermore, I argue that engaging citizens in such a dialogue is a distinctive paternalistic intervention in its own right, which unlike other kinds of paternalistic intervention, is compatible with respect for citizens as equals. (shrink)

According to a traditional account, moral cognition is an achievement gained over time by sharing a practice under the guidance and the example of the wise, in analogy with craft and apprenticeship. This model captures an important feature of practical reason, that is, its incompleteness, and highlights our dependence on others in obtaining moral knowledge, coherently with the socially extended mind agenda and recent findings in empirical psychology. However, insofar as it accords to exemplars’ decisive authority to determine the standard (...) of correctness for moral cognition, the model does not offer protection against arbitrariness and discrimination. The article argues that to understand the socially distributed nature of practical knowledge, we have to discard the notion of exemplars and reconceive of others as having equal normative standing. This claim allows us to revisit the conception of autonomy as key to distributed practical knowledge. While autonomy does not amount to selfsufficiency and self-reliance, it does demand independence of judgement and stands in contrast to servility, submission, and other sorts of defective ways of relying on others. The requirement of equal standing provides the basis for distinguishing between proper and improper reliance on others. Keywords: autonomy, Aristotle, exemplarism, extended mind, constructivism, practical knowledge, equal standing. (shrink)

This article considers and criticizes criminal law‘s assumption of the moral autonomy of individuals, showing how that view rests on questionable and obscure Kantian commitments about the self, and proposes a naturalistic alternative developed through a synthetic reading of Adorno‘s and Bhaskar‘s account of the subject in relation to nature and society. As an embodied, emergent, changing subject whose practically rational powers are emergent, polymorphous, and contingent, the subject‘s moral autonomy is dependent on the conditions for experiences of solidarity in (...) four-planar nature. This view makes criminal theory‘s Autonomy Assumption look deeply questionable; autonomy must be a complex, nuanced open question, not an abstract, a priori default assumption. (shrink)