According to justificatory liberalism legal coercion is legitimate only when exercised for reasons that all reasonable persons can accept. That is, laws are legitimate only if they satisfy JL’s unanimity condition. This principle entails that if no law meets the unanimity condition, then no law is legitimate. However, given the diversity of persons who meet JL’s own twofold criteria of ‘reasonable’ – commitment to fair cooperation and recognition of reasonable pluralism – no law would be supported by all reasonable persons (...) in JL’s thought experiment, let alone in the real world. I illustrate this diversity of qualified views with an objector inspired by Michael Bakunin, whose revolutionary anarchist views take the state to threaten more than protect equality and pluralism. Therefore, JL would prohibit any use of legal coercion. Nothing would be justified by JL. This result clearly conflicts with commonsense, which recognizes many instances of legal coercion as legitimate even amidst disagreement, and calls into question JL’s plausibility. (shrink)

Many philosophers have thought that colours or flavours or values are in some way less objective than shape or mass or motion. This paper explores the approach to capturing this thought that is based on the idea of ‘ response-dependence ’. First, it is argued that the conceptions of response-dependence developed by Mark Johnston, Philip Pettit and Crispin Wright fail to capture this thought adequately. Then, the rest of the paper proposes an alternative conception, based in part on Kit Fine's (...) notion of " essence ", which looks more likely to succeed in capturing the thought adequately. (shrink)

Authority figures permeate our daily lives, particularly, our political lives. What makes authority legitimate? The current debates about the legitimacy of authority are characterised by two opposing strategies. The first establish the legitimacy of authority on the basis of the content of the authority’s command. That is, if the content of the commands meet some independent normative standard then they are legitimate. However, there have been many recent criticisms of this strategy which focus on a particular shortcoming – namely, its (...) seeming inability to account for who can legitimately command whom. This is the basis of the second strategy, which attempts to characterize the normative relationship that underlies and makes possible authoritative commands. The central point of Part I is that these two strategies are, in fact, not opposed and both raise questions which a theory of legitimacy must answer. If this is the case, then we need to ask: how ought we to determine the legitimacy both of the content of commands as well as who can command whom? Part II will answer this question. Starting with the question of standing, I argue that we ought not to look for normative principles outside of the institutions in which authority is embedded. Rather, one ought to start by elaborating the ontology of institutions in which a sui generis form of normativity arises. A joint commitment account of social ontology provides the tools necessary to see how the direction obligations emerge concurrently with the formation of institutions. Similarly, the question of content can be answered by paying close attention to the social ontology of institutions. We need not look beyond the internal constitutive standards of the institution itself. The constitutive standards provide an internal criterion by which the legitimacy of commands can be established. (shrink)

Desires matter. How are we to understand the intentionality of desire? According to the two classical views, desire is either a positive evaluation or a disposition to act: to desire a state is to positively evaluate it or to be disposed to act to realize it. This Ph.D. Dissertation examines these conceptions of desire and proposes a deontic alternative inspired by Meinong. On this view, desiring is representing a state of affairs as what ought to be or, if one prefers, (...) as what should be. Desire involves a deontic manner of representing: a norm of the ought-to-be type features in desire’s intentional mode, as opposed to content. The dissertation is structured in three parts. In order to defend this conception, I formulate three main desiderata for a promising theory of the intentionality of desire in the introduction (§0). The first concerns desire’s direction of fit, i.e. the intuition that the world should conform to our desires. The second concerns the death of desire principle, i.e. the intuition that one cannot desire what one represents as actual. The last pertains to desire’s role in psychological explanations, i.e. the intuition that desires can explain some mental states and be explained by other mental states. The first part examines the main conceptions of desire in light of these desiderata. I argue that the classical pictures of desire do not adequately meet our desiderata. The first chapter is devoted to the evaluative conception (§1), while the second examines the motivational approach (§2). Following these criticisms, I then present the deontic view of desire (§3). In the second part, I defend this conception with the help of three arguments. The main idea is that appealing to norms of the ought-to-be type can satisfy our chief desiderata: the world should conform to norms (world-to-mind direction of fit, §4), norms are grounded on values and in turn ground obligations (explanation, §5), and norms are about non-actual states of affairs (death of desire principle, §6). In the last part, I develop the deontic view to draw a cartography of the various types of desire. Some desires are correct, while others are inappropriate. This distinction is explained by the deontic conception, as it matches that between states of affairs that ought to obtain and states that should not obtain (§7). Two study cases are examined: caprice and the impermissibility of desire aggregation. Intuitively, hopes, wishes, or urges are types of desire. The next chapter presents a typology inspired by the deontic view and the type of norms there are (§8). The last chapter discusses the main objections to the deontic approach (§9). In conclusion, I show the relevance of the deontic view for several debates in philosophy of mind and ethics. Desires are crucial because they are the ‘eye’ of what should be. (shrink)

Pettit (2006) argues that deferring to majority testimony is not generally rational: it may lead to inconsistent beliefs. He suggests that “another ... approach will do better”: deferring to supermajority testimony. But this approach may also lead to inconsistencies. In this paper, I describe conditions under which deference to supermajority testimony ensures consistency, and conditions under which it does not. I also introduce the concept of “consistency of degree k”, which is weaker than full consistency by ruling out only “blatant” (...) inconsistencies in an agent’s beliefs while permitting less blatant ones, and show that, while super-majoritarian deference often fails to ensure full consistency, it is a route to consistency in this weaker sense. (shrink)

In this paper, I outline a theory of social kinds. A general theory of social kinds has to set out at least three conditions: existence conditions, persistence conditions, and identity conditions. For the sake of expediency, I focus on the existence and persistence conditions. The paper is organized just as life: first with existence, then persistence. I argue that anti-realism is more attractive than realism as an account of the existence conditions, despite the fact that realism has been under-appreciated. Then (...) I argue for a particular theory of the persistence conditions, which I call the basic overlapping traits theory (BOTT), based on an analogy to an approach to personal identity. The upshot of the argument is that from an anti-realist metaphysics we have the capacity to discuss a wider diversity of social phenomena. (shrink)

In philosophy, the last thirty years or so has seen a split between 'simulation theorists' and 'theory-theorists', with a number of variations on each side. In general, simulation theorists favour the idea that our knowledge of others is based on using ourselves as a working model of what complex psychological creatures are like. Theory-theorists claim that our knowledge of complex psychological creatures, including ourselves, is theoretical in character and so more like our knowledge of the world in general. The body (...) of this paper is divided into three parts. In Part I, I introduce the 'contrastive case' of autism. Autism is a developmental disorder that has recently become the focus of sustained philosophical and psychological attention because of the selective way in which it affects individuals' social capacities. Theory-theorists argue that autistic children's unique profile of assets and deficits is most fruitfully explained by their inability to develop and deploy a theory of mind. After considering the strengths of this hypothesis, I claim theory-theorists face two unresolved difficulties: explaining why high-functioning autistics who develop some theory of mind capacities still fail to engage in normal psychological knowing; and explaining why autistics are generally as unknowable to us in the privileged sense of normal psychological knowing as we are to them. In Part II, I provide the theoretical framework for addressing these challenges by developing an account of normal psychological knowing as psycho-practical expertise. In Part III, I return to the problem of autism, showing how this psycho-practical approach to normal psychological knowing may further suggest how to encompass various aspects of the disorder that tend to be ignored under the prevailing theory-theory approach. (shrink)

How can the propositional attitudes of several individuals be aggregated into overall collective propositional attitudes? Although there are large bodies of work on the aggregation of various special kinds of propositional attitudes, such as preferences, judgments, probabilities and utilities, the aggregation of propositional attitudes is seldom studied in full generality. In this paper, we seek to contribute to filling this gap in the literature. We sketch the ingredients of a general theory of propositional attitude aggregation and prove two new theorems. (...) Our first theorem simultaneously characterizes some prominent aggregation rules in the cases of probability, judgment and preference aggregation, including linear opinion pooling and Arrovian dictatorships. Our second theorem abstracts even further from the specific kinds of attitudes in question and describes the properties of a large class of aggregation rules applicable to a variety of belief-like attitudes. Our approach integrates some previously disconnected areas of investigation. (shrink)

Recently, Margaret Gilbert has argued that it appears that the wisdom of a society impinges, greatly, on its freedom. In this article, I show that Gilbert’s “negative argument” fails to be convincing. On the other hand, there are important lessons, particularly for democratic theory, that can be by looking carefully, and critically, at her argument. This article will proceed as follows. First, I present Gilbert’s argument. Next, I criticize her understanding of freedom, and then, using arguments from Christopher McMahon, criticize (...) her understanding of a wise society. Finally, I discuss how what has been said can inform how one should think about democratic theory. (shrink)