This paper points to some limitations of law and economics as both an explanative and a normative theory. In explaining law as the result of efficiency promoting decisions, law and economics theorists often dismiss the reasons actors in the legal system give for their behavior. Recognizing that sometimes actors may be unaware of why institutions evolve as they do, I argue that the case for dismissing reasons for action is weaker when those reasons make reference to rules of practices that (...) constitute the meaning of actions within those practices, or when they have otherwise been given well-considered defenses. In criticizing law and economics as a normative theory, I acknowledge that economic considerations are often important in deciding how to act in the personal sphere and how government should allocate its scarce resources. I argue that while the use of institutions to promote our ideals forces us to take their costs into account, it is a mistake to infer from this that the question of determining social policy is a purely economic problem, and that we should acknowledge the non-utilitarian moral ideals our law and practices promote. This is the basis of both an internal criticism--law and economics theorists have not sufficiently evaluated and weighed the value of fairness and other ideals in their utility calculations--and an external criticism-- these ideals are important in ways that can not be measured in utiles. (shrink)

A familiar move that philosophers of sport make in the debate on the doping-issue is to reject from the start the argument that doping comes down to cheating. The claim that doping is cheating is often rebutted with the argument that doping is only cheating when one accepts that the use of doping is unjustified in itself. In this paper I want to argue that putting aside the cheating-argument in this way comes, first, too easy, because essential complexities of what (...) cheating is, are neglected. And, second, it comes too soon, because spelling the cheating argument out throws new light on the debate about matters of justifying the rules and criteria concerning doping. I will confine myself in this paper to the claim that it is in any case the institutional authorities that professional athletes cheat on. The relations with other parties that apparently can be claimed to be cheated upon also, such as other athletes in competition, are left out. The argument from cheating takes its starting point from a principle of fidelity, taken from Scanlon. By this principle the morally acceptable conduct of those taking part in a practice is grounded in the way reciprocal expectations are raised between parties to the practice. I apply this principle to the relation between athletes and institutional authorities in sport practices. This argument can take the cheating argument to a new level of seriousness, especially in the sense that the arguments treated here support a plea for democratization of the procedures and a larger role of the sportsmen and sportswomen themselves, or so I will defend. (shrink)

Many Western intellectuals, especially those in humanities and social sciences, think that it can be easily shown that the persistent and massive opposition to same-sex marriage is rationally indefensible and that it is merely a result of prejudice or religious fanaticism. But a more detailed analysis of some of these widely accepted arguments against the conservative position reveals that these arguments are in fact based on logical fallacies and serious distortions of conservative criticisms of homosexual marriage. It is concluded that (...) philosophers ought to resist the pressure of political correctness and that they should approach the debate with a more open mind than before. (shrink)

Retributivists are often thought to give 'deontological' theories of punishment, arguing that we should punish not for the beneficial consequences of doing so such as deterrence or incapacitation, but purely because justice demands it. Kant is often regarded as the paradigmatic retributivist. In some passages Kant does appear to give a deontological theory of punishment. For example, Kant insists that on an island where all the people were to leave the next day, forever dissolving and dispersing the community, the last (...) murderer in jail would have to have his execution carried out before the diaspora--justice demands it. In other passages, however, Kant defends punishment by appealing to its beneficial consequences. For example, after supposing that one man on a life raft pushes the other off to save his own life, Kant says that the former man should not be legally punished "because that punishment would have to be death, and it would be an absurd law that threatened death to one who refuses to die voluntarily in a dangerous situation." In this passage Kant's reasoning is that state laws, by threatening us with sanctions, are intended to prevent us from violating rights--the point of these laws is to deter. A law that imposes a punishment that could not deter is an absurd law. I argue that while Kant rejects consequentialism in thinking about moral actions, he distinguishes law and morality, and in the sphere of law, an action we take is to be justified by appealing to the good it yields. The point of legal punishment is to deter violations of rights and protect us from a state of nature in which no one's freedom is assured. Kant's theory of legal (as opposed to moral) punishment is not deontological. Nevertheless we can characterize his consequentialist theory of legal punishment as retributive in some sense. The paper then considers how the passages about punishment in which Kant invokes consequentialist thinking can be reconciled with other passages where he insists on punishment regardless of the consequences. (shrink)

Normative theories can be useful in developing descriptive theories, as when normative subjective expected utility theory is used to develop descriptive rational choice theory and behavioral game theory. “Ought” questions are also the essence of theories of moral reasoning, a domain of higher mental processing that could not survive without normative considerations.

Research in multi-agent systems typically assumes a regulative model of social practice. This model starts with agents who are already capable of acting autonomously to further their individual ends. A social practice, according to this view, is a way of achieving coordination between multiple agents by restricting the set of actions available. For example, in a world containing cars but no driving regulations, agents are free to drive on either side of the road. To prevent collisions, we introduce driving regulations, (...) insisting that everyone drives on the left hand side of the road. We accept this limitation on our freedom because it lowers the probability of a collision. -/- This paper describes AI systems that are based on the constitutive view of social practice. According to this alternative view, there are certain actions that are only available to the agent because he is participating in a practice of a certain sort. For example, you can swing a peculiarly shaped piece of wood without participating in any particular practice - but this action will only constitute a strike if you are participating in a game of baseball. I can raise my hand whenever I like, but this only counts as voting for the motion within the institution of voting. But not all the examples are from frivolous, optional or institutional activities. Sellars and Brandom argue that even the fundamental act of assertion is only possible within the context of a particular social practice: the Game of Giving and Asking for Reasons. -/- The constitutive view, which is familiar to philosophers, is relatively unknown within the AI community. -/- The central aim of this paper is to show how the constitutive view of practice can be put to use in AI applications. (shrink)

For much of the first fifty years of its existence, analytic philosophy shunned discussions of normativity and ethics. Ethical statements were considered as pseudo-propositions, or as expressions of pro- or con-attitudes of minor theoretical significance. Nowadays, in contrast, prominent analytic philosophers pay close attention to normative problems. Here we focus our attention on the work of Searle, at the same time drawing out an important connection between Searle’s work and that of two other seminal figures in this development: H.L.A. Hart (...) and John Rawls. We show that all three thinkers tend to assume that there is but one type of normativity within the realm of social institutions – roughly, the sort of normativity that is involved in following the results of chess – and that they thereby neglect features that are of crucial significance for an adequate understanding of social reality. (shrink)

This paper gives an account of proxy agency in the context of collective action. It takes the case of a group announcing something by way of a spokesperson as an illustration. In proxy agency, it seems that one person or subgroup's doing something counts as or constitutes or is recognized as (tantamount to) another person or group's doing something. Proxy agency is pervasive in institutional action. It has been taken to be a straightforward counterexample to an appealing deflationary view of (...) collective action as a matter of all members of a group making a contribution to bringing about some event. I show that this is a mistake. I give a deflationary account of constitutive rules in terms of essentially collective action types. I then give an account of one form of constitutive agency in terms of constitutive rules. I next give an account of status functions—of which being a spokesperson is one—that also draws on the concept of a constitutive rule. I then show how these materials help us to see how proxy agency is an expression of the agency of all members of the group credited with doing something when the proxy acts. (shrink)

In this article, I defend a meta-normative account of constitutivism by specifically addressing what I take to be a fundamental criticism of the constitutivist stance, namely, the objection that constitutive standards have conceptual, not normative, force, and so that no practical normativity can be extracted from them as constitutive of agency. In reply to this objection, I argue that the conceptual role of the standards constitutive of agency? their applying to us by virtue of our being the kinds of creatures (...) we are? does not exclude, but rather combines with, the normative role the same standards play in our practical life. (shrink)

The aim of this paper is to strengthen the point made by Horty about the relationship between reason holism and moral particularism. In the literature prima facie obligations have been considered as the only source of reason holism. I strengthen Horty’s point in two ways. First, I show that contrary-to-duties provide another independent support for reason holism. Next I outline a formal theory that is able to capture these two sources of holism. While in simple settings the proposed account coincides (...) with Horty’s one, this is not true in more complicated or “realistic” settings in which more than two norms collide. My chosen formalism is so-called input/output logic. A bottom-line example is introduced. It raises the issue of whether the conventional wisdom is right in assuming that normative reasons run parallel to epistemic ones. (shrink)

Next SectionBiodefence, broadly understood as efforts to prevent or mitigate the damage of a bioterrorist attack, raises a number of ethical issues, from the allocation of scarce biomedical research and public health funds, to the use of coercion in quarantine and other containment measures in the event of an outbreak. In response to the US bioterrorist attacks following September 11, significant US policy decisions were made to spur scientific enquiry in the name of biodefence. These decisions led to a number (...) of critical institutional changes within the US federal government agencies governing scientific research. Subsequent science policy discussions have focused largely on ‘the dual use problem’: how to preserve the openness of scientific research while preventing research undertaken for the prevention or mitigation of biological threats from third parties. We join others in shifting the ethical debate over biodefence away from a simple framing of the problem as one of dual use, by demonstrating how a dual use framing distorts the debate about bioterrorism and truncates discussion of the moral issues. We offer an alternative framing rooted in social epistemology and institutional design theory, arguing that the ethical and policy debates regarding ‘dual use’ biomedical research ought to be reframed as a larger optimisation problem across a plurality of values including, among others: (1) the production of scientific knowledge; (2) the protection of human and animal subjects; (3) the promotion and protection of public health (national and global); (4) freedom of scientific enquiry; and (5) the constraint of government power. (shrink)

Abstract:Discussions of the ethics of advertising have been based on a general distinction between informative and persuasive advertising without looking at specific techniques of persuasion. Self-identity image ads persuade by presenting an image of an idealized person-type such as a “beautiful” woman (Chanel) or a sexy teen (Calvin Klein). The product becomes a symbol of the ideal, and target consumers are invited to use the product to project the self-image to themselves and others. This paper argues that image ads are (...) not false or misleading, and that whether or not they advocate false values is a matter for subjective reflection. Image ads can undermine a consumer’s self-esteem by collectively omitting images authentic for that sort of person (such as large women), and by combining impossible images with implied gaze. Image ads generally do not undermine autonomy of choice, internal autonomy, or social autonomy. It is concluded that image advertising is a basically ethical technique, but several recommendations are given on how use of image advertising can avoid specific harms. (shrink)

The value of solidarity, which is exemplified in noble groups like the Civil Rights Movement along with more mundane teams, families and marriages, is distinctive in part because people are in solidarity over, for or with regard to something, such as common sympathies, interests, values, etc. I use this special feature of solidarity to resolve a longstanding puzzle about enacted social moral rules, which is, aren’t these things just heuristics, rules of thumb or means of coordination that we ‘fetishize’ or (...) ‘worship’ if we stubbornly insist on sticking to them when we can do more good by breaking them? I argue that when we are in a certain kind of solidarity with others, united by social moral rules that we have established among ourselves, the rules we have developed and maintain are a constitutive part of our solidary relationships with one another; and it is part of being in this sort of solidarity with our comrades that we are presumptively required to follow the social moral rules that join us together. Those in the Polish Revolution, for example, were bound by informally enforced rules about publicity, free speech and the use of violence, so following their own rules became a way of standing in a valuable sort of solidarity with one another. I explain why we can have non-instrumental reasons to follow the social moral rules that exist in our own society, improve our rules and even sometimes to break the otherwise good rules that help to unite us. (shrink)

Even where an act appears to be responsible, and satisfies all the conditions for responsibility laid down by society, the response to it may be unjust where that appearance is false, and where those conditions are insufficient. This paper argues that those who want to place considerations of responsibility at the centre of distributive and criminal justice ought to take this concern seriously. The common strategy of relying on what Susan Hurley describes as a 'black box of responsibility' has the (...) advantage of not taking responsibility considerations to be irrelevant merely because some specific account of responsibility is mistaken. It can, furthermore, cope perfectly well with an absence of responsibility, even of the global sort implied by hard determinism and other strongly sceptical accounts. Problems for the black box view come in where responsibility is present, but in a form that is curtailed in one significant regard or another. The trick, then, is to open the box of responsibility just enough that its contents can be the basis for judgements of justice. I identify three 'moderately sceptical' forms of compatibilism that cannot ground judgements of justice, and are therefore expunged by the strongest 'grey box' view. (shrink)

Cet article s'appuie sur la pensée de Wittgenstein pour comprendre comment des règles économiques agissent. L'étude (1993-2000) d'un Atelier de réparation de la RATP dans lequel une nouvelle règle de rendement a été introduite en 1993 met en évidence trois conclusions. Tout d'abord, dans la sélection des tâches, les opérateurs n'appliquent pas les règles de façon mécanique ; ils n'interprètent pas non plus les règles en faisant table rase des usages. Nos observations montrent que « suivre la règle est une (...) pratique ». En second lieu, les équipes développent des stratégies différentes pour obtenir la prime, ce qui illustre une autre thèse de Wittgenstein : « La signification de la règle se constitue dans l'usage. » Enfin, les opérateurs s'appuient sur les règles de l'usage pour trouver un certain usage de la règle. (shrink)

The Hypothesis of Extended Cognition (HEC)—that many cognitive processes are carried out by a hybrid coalition of neural, bodily and environmental factors—entails that the intentional states that are reasons for action might best be ascribed to wider entities of which individual persons are only parts. I look at different kinds of extended cognition and agency, exploring their consequences for concerns about the moral agency and personal responsibility of such extended entities. Can extended entities be moral agents and bear responsibility for (...) actions, in addition to or in place of the individuals typically held responsible? What does it mean to be autonomous when one’s cognition is influenced and supported by a milieu of environmental factors? To answer these questions, I explore strong parallels between HEC’s critique of individualism in cognition, and feminist critiques of individualist accounts of self, agency, and autonomy. This relational and social conception of autonomous agency, as scaffolded and supported (or undermined and impaired) by a milieu of social, relational, and normative factors, has important lessons for HEC. Drawing together these two visions of distributed and decentralized aspects of personhood highlights how cognition, action, and responsibility are inextricably linked. It also encourages a reconceptualization of all cognition and all concerns about responsibility for actions, not simply as sometimes extended around individuals, but as fundamentally communal, social, and normative, with individual cognition and individual moral responsibility being derivative special cases, not the paradigm examples. Individuals are merely one of many possible loci of cognition, action, and responsibility. (shrink)

a comprehensive, somewhat Gricean theory of speech acts, including an account of communicative intentions and inferences, a taxonomy of speech acts, and coverage of many topics in pragmatics -/- .

We shall argue that there is adequate moral justification for capital punishment with linkage, that is, with linkage to keeping non-murderers from dying. We present the argument with two aims in mind. The first is to question the conventional wisdom, seldom challenged even by proponents of capital punishment, that being an abolitionist is closely connected to having a civilized respect for human life. This conventional wisdom, we hope to show, is somewhat off the mark. To this end we exhibit structural (...) similarities between so-called lifeboat dilemmas and the public's relationship to a murderer. In a lifeboat dilemma one must choose between saving this life or that, since the lifeboat will not hold both persons. Now if this life were an innocent's and that one a murderer's, a choice to save the latter would not be met with accusations of callousness towards human life. We hope to project everyone's intuitions about this case onto the more baffling case of a society's relationship to the murderers and dying innocents in its midst. (shrink)

In his new book, The Grammar of Criminal Law: American, Comparative, and International, celebrated criminal law theorist George Fletcher excavates criminal law doctrine across a number of countries and cultures to reveal a small number of basic shared structures. Among these structures Fletcher argues that it is a criminal law justified by Kantian legal morality, in contrast to perfectionist or communitarian theories, that is legitimate. Thus, Fletcher proposes, along with legal positivists, that the validity of legal norms does not turn (...) on the moral claims that may underlie a perfectionist or virtue theory of law. Fletcher's claims about the shared structure of law do more than propose an analytical model of valid criminal law. Most importantly, Fletcher draws attention to the often under explored normative implications of proposed models of law in analytical jurisprudence. Virtue theories of law challenge Fletcher's view of legitimate criminal law by proposing a fundamentally different jurisprudential model of valid law. Rather than liberalism's commitment to preserving autonomy or the neutrality of the state as primary, virtue theories forward competing models of law grounded in preserving sound practical reason or the promotion of human flourishing. And while these models find a distinct and mediated role for morality to play in the determination of legitimate law, they ultimately deny Fletcher's claim that morality cannot be incorporated into law without being referenced by the law and that our political commitments must precede our moral commitments. This article places Fletcher's model of criminal law within the positivist jurisprudential landscape and connects that model of law to Kantian legal duties. The piece then explores the particular resources virtue theories of law forwarded by Lawrence Solum and Kyron Huigens have to address the role of political concerns within a virtue theory of law. It examines whether a sophisticated virtue theory finds a place for political concerns that are sufficient to defeat liberal philosophical critiques and undermine Fletcher's claims for criminal law. More importantly, rather than simply exploring the competing jurisprudential models, this article explores the important normative commitments that stem from competing jurisprudential models. Ultimately, the article concludes that understanding certain factors about the very nature of law generally and criminal law particularly leads one to affirm Fletcher's claims and limits the justification of law to our deontic duties. (shrink)

Starting from the sixties of the past century theory change has become a main concern of philosophy of science. Two of the best known formal accounts of theory change are the post-Popperian theories of verisimilitude (PPV for short) and the AGM theory of belief change (AGM for short). In this paper, we will investigate the conceptual relations between PPV and AGM and, in particular, we will ask whether the AGM rules for theory change are effective means for approaching the truth, (...) i.e., for achieving the cognitive aim of science pointed out by PPV. First, the key ideas of PPV and AGM and their application to a particular kind of propositional theories - the so called "conjunctive propositions" - will be illustrated. Afterwards, we will prove that, as far as conjunctive propositions are concerned, AGM belief change is an effective tool for approaching the truth. (shrink)

A fundamental tension exists between Rawls's ideal Kantian conception of justice as fairness (JAF), which requires respecting people as ends, and his realistic non-Kantian consequentialist conception of a supreme emergency in a just war. By justifying the targeting of objectively innocent noncombatants during a supreme emergency exception, Rawls allows for treating them as means only. Hence, his appeal to a supreme emergency is insufficient to avoid this tension. First, since for him JAF is ideal but also practical, one might argue (...) that his fictional people in the original position must reflect on the justification for using force on behalf of JAF. And second, since Rawls justifies targeting objectively innocent people during a supreme emergency exemption, he justifies what one might conceive of as emergency terrorism. Emergency terrorism, however, treats people as means only. Therefore, Rawls's Kantian conception of JAF is in tension with his consequentialist justification of a supreme emergency in a just war and hence with emergency terrorism. (shrink)

When Peter Strawson subtitled the most celebrated book in ordinary language philosophy, Individuals, ‘An essay in descriptive metaphysics’, he shocked mainly for having reintroduced ‘metaphysics’ into intellectually respectable English a quarter-century after A.J. Ayer had consigned it to the logical positivists' index of forbidden philosophical words . Few at the time appreciated the import of the modifiers ‘descriptive’ and its opposite, ‘revisionary’. Now, another half century on, philosophers have come around to Bertrand Russell's original view that both the ordinary language (...) philosophy Strawson championed and the ideal scientific language philosophy Ayer championed offer alternative metaphysical visions. The remaining question of philosophical interest is what hangs in the balance between a descriptive and revisionary approach to metaphysics – or, for that matter, any branch of philosophy. This paper critically examines the currently dominant descriptive approach from a revisionary standpoint, initially relying on the terms Strawson uses to frame the distinction, and then moving outward to consider its implications for our understanding of the history of modern philosophy, especially the ‘naturalist’ sensibility that has been especially influential in analytic social epistemology. (shrink)

Punishment involves deliberating harming individuals. How, then, if at all, is it to be justified? This, the first of three papers on the philosophy of punishment (see also 'Punishment: Nonconsequentialism' and 'Punishment: The Future'), examines attempts to justify the practice or institution according to its consequences. One claim is that punishment reduces crime, and hence the resulting harms. Another is that punishment functions to rehabilitate offenders. A third claim is that punishment (or some forms of punishment) can serve to make (...) restitution to victims, and a fourth is that it can strengthen social values. The paper examines these claims, and finally considers pluralist theories which combine retributive and harm-reductive or utilitarian considerations. (Retributive theories are examined in their own right in 'Punishment: Nonconsequentialism'.). (shrink)

Philosophical perplexity about intention begins with its appearance in three guises: intention for the future, as when I intend to complete this entry by the end of the month; the intention with which someone acts, as I am typing with the further intention of writing an introductory sentence; and intentional action, as in the fact that I am typing these words intentionally. As Elizabeth Anscombe wrote in a similar context, ‘it is implausible to say that the word is equivocal as (...) it occurs in these different cases’ and from the fact that ‘we are tempted to speak of “different senses” of a word which is clearly not equivocal, we may infer that we are pretty much in the dark about the character of the concept which it represents’ (Anscombe 1963, p. 1). (shrink)

Alston, Searle, and Williamson advocate the restrictive model of assertion , according to which certain constitutive assertoric norms restrict which propositions one may assert. Sellars and Brandom advocate the dialectical model of assertion , which treats assertion as constituted by its role in the game of giving and asking for reasons. Sellars and Brandom develop a restrictive version of the dialectical model. I explore a non-restrictive version of the dialectical model. On such a view, constitutive assertoric norms constrain how one (...) must react if an interlocutor challenges one's assertion, but they do not constrain what one should assert in the first place. I argue that the non-restrictive dialectical perspective can accommodate various linguistic phenomena commonly taken to support the restrictive model. 1. (shrink)

I examine how co-parents should handle differing commitments about how to raise their child. Via thought experiment and the examination of our practices and affective reactions, I argue for a thesis about the locus of parental authority: that parental authority is invested in full in each individual parent, meaning that that the command of one parent is sufficient to bind the child to act in obedience. If this full-authority thesis is true, then for co-parents to command different things would be (...) for them to contest one another’s authority. The only course that respects the authority of both parents is for co-parents to agree to command the same thing. Further, what is commanded must not result from a ‘capitulation’ by one co-parent, rather, it should result from a compromise. Parental authority involves a duty to deliberate about which commands it is best to give the child. If a command results from a capitulation, one parent will rightly think of themselves as not having fulfilled their parental duty. Parental compromises are not best understood as bargains or conflicts, but by the metaphor of gifts given by each parent out of respect for the other’s authority. (shrink)

Normativism in the theory of meaning and content is the view that linguistic meaning and/or intentional content are essentially normative. As both normativity and its essentiality to meaning/content can be interpreted in a number of different ways, there is now a whole family of views laying claim to the slogan “meaning/content is normative”. In this essay, we discuss a number of central normativist theses, and we begin by identifying different versions of meaning normativism, presenting the arguments that have been put (...) forth for and against them. (shrink)

The purpose of this paper is to show how some of the controversial questions concerning utilitarianism can be clarified by the modelling techniques and the other analytical tools of decision theory (and, sometimes, of game theory). It is suggested that the moral rules of utilitarian ethics have a logical status similar to that of the normative rules (theorems) of such formal normative disciplines as decision theory and game theory.The paper argues that social utility should be defined, not in hedonistic or (...) in ideal-utilitarian terms, but rather in terms of individual preferences, in accordance with the author's equiprobability model of moral value judgments. (shrink)

Dreyfus's model of expert skill acquisition is philosophically important because it shifts the focus on expertise away from its social and technical externalization in STS, and its relegation to the historical and psychological context of discovery in the classical philosophy of science, to universal structures of embodied cognition and affect. In doing so he explains why experts are not best described as ideologues and why their authority is not exclusively based on social networking. Moreover, by phenomenologically analyzing expertise from a (...) first person perspective, he reveals the limitations of, and sometimes superficial treatment that comes from, investigating expertise from a third person perspective. Thus, he shows that expertise is a prime example of a subject that is essential to science but can only be fully elaborated with the aid of phenomenological tools. However, both Dreyfus's descriptive model and his normative claims are flawed due to the lack of hermeneutical sensitivity. He assumes an expert's knowledge has crystallized out of contextual sensitivity plus experience, and that an expert has shed, during the training process, whatever prejudices, ideologies, hidden agendas, or other forms of cultural embeddedness, that person might have begun with. One would never imagine, from Dreyfus's account, that society could possibly be endangered by experts, only how society's expectations and actions could endanger experts. The stories of actual controversies not only shows things do not work the way Dreyfus claims, but also that it would be less salutary if they did. Such stories amount to counterexamples to Dreyfus's normative claims, and point to serious shortcomings in his arguments. (shrink)

This will be the best way of explaining ‘Paris is the lover of Helen’, that is, ‘Paris loves, and by that very fact [et eo ipso] Helen is loved’. Here, therefore, two propositions have been brought together and abbreviated as one. Or, ‘Paris is a lover, and by that very fact Helen is a loved one’.

One of the attractions of the Humean instrumentalist theory of practical rationality is that it appears to offer a special connection between an agent's reasons and her motivation. The assumption that Humeanism is able to assert a strong connection between reason and motivation has been challenged, most notably by Christine Korsgaard. She argues that Humeanism is not special in the connection it allows to motivation. On the contrary, Humean theories of practical rationality do connect reasons and motivation in a unique (...) and attractive way, though the nature of this connection has sometimes been misunderstood by both defenders and detractors of the theory. (shrink)

The popularity of rule-consequentialism among philosophers has waxed and waned. Waned, mostly; at least lately. The idea that the morality that ought to claim allegiance is the ideal code of rules whose acceptance by everybody would bring about best consequences became the object of careful analysis about half a century ago, in the writings of J. J. C. Smart, John Rawls, David Lyons, Richard Brandt, Richard Hare, and others.1 They considered utilitarian versions of rule consequentialism but discovered flaws in the (...) view that attach to the wider consequentialist doctrine. In the eyes of many, the flaws were decisive. Brad Hooker has produced brilliant work that unsettles this complacent consensus.2 Over a period of several years he has produced a sustained and powerful defense of a version of rule consequentialism that does not obviously succumb to the criticisms that have been thought to render this doctrine a nonstarter. He acknowledges intellectual debts to Richard Brandt. But Hooker avoid certain excrescences in Brandt’s efforts to conceive of morality as an ideal code of rules. Most notably, Hooker eschews Brandt’s misguided attempt to derive some version of rule utilitarianism from an underlying commitment to some form of contractualism. Moreover, Hooker has worked to articulate a version of rule consequentialism in sufficient detail that one can see how the different parts of the doctrine hang together and how the best version of the.. (shrink)

Most philosophers now concede that libertarianism has failed as an account of free will. Assuming the correctness of this concession, that leaves compatibilism and hard determinism as the only remaining choices in the free will debate. In this paper, I will argue that hard determinism turns out to be a form of compatibilism, and therefore, compatibilism is the only remaining position in the free will debate. I will attempt to establish this conclusion by arguing that hard determinists will end up (...) punishing or rewarding the same acts (and omissions) that the compatibilists punish and reward. Next, I will respond to several objections that attempt to pry apart hard determinism and compatibilism. It will emerge not only that hard determinism and compatibilism are identical at the practical level, but also that the key terms employed by the hard determinist have the same meaning as equivalent terms ("free," "morally responsible," and "retributive punishment") employed by the compatibilist. I conclude that hard determinism genuinely is a form of compatibilism. (shrink)

The debate on alternative punishments appears to be stagnating. The impasse may be overcome if we consider humans from a different philosophical perspective. If we answer differently the question of who we are punishing, we open new possibilities regarding the question of how we punish. In particular, by applying the extended mind thesis we can arrive at interesting outcomes and reopen the debate on alternative punishments. According to this theory, external artifacts—such as smartphones—can be considered part of our minds. In (...) this article, I defend the thesis that restricting access to personal technologies that are a part of one's self should be considered a form of punishment. Thus, a human who is considered from an extended perspective can be punished in a new way. (shrink)

The paper aims to give an account of practical knowledge by outlining a hylomorphic and conceptualist account of intentional action in analogy to McDowell's conceptualist account of experience. On this view, practical concepts provide the ideal or formal structure that unifies a manifold of bodily movements into a single intentional action, and hence intentional actions are structured conceptually. -/- - §1 sets out the basic features of this view in contrast to a common dualistic or two-component view of practical knowledge, (...) as an "inner" mental state with propositional content that functions as the efficient cause of some bodily movement in the "external" world, and introduces the claim that practical knowledge is the constitutive form of intentional action. - §2 illustrates the hylomorphic unity of concept and movement in action, and thus (contra Dreyfus) the corporeality of practical reason, by means of an account of practical concept formation, on which both the formation and tradition of practical concepts take place in bodily movement iself. - §3 elucidates the concept of a self-conscious disposition or rational capacity for action, actualizations of which are characterized by a syllogistic structure that accounts for both the explanation and the justification of action and thereby renders intelligible in what sense practical judgment is internal to acting itself. - Skillful exercises of such capacities express a knowledge-how that manifests itself in practical representations. §4 characterizes representations of this kind as a perceptually situated recognition of a practical pattern that amounts to the imaginative anticipation of a movement form by which the agent determines their next steps; a practical perception of the agent's particular situation that is both normative and motivational for them. - §5 starts by developing an identity theory of practical truth, on which the conceptual content of a (true) practical judgment is numerically identical with the formal structure of a (good) action, and concludes with explaining the unity of four features commonly attributed to practical knowledge, viz. that it is at the same time descriptive, normative, causally productive, and non-observational (or self-conscious). (shrink)

This paper argues that there are two importantly distinct normative relations that can be referred to using phrases like ‘X is obligated to Y,’ ‘Y has a right against X,’ or ‘X wronged Y.’ When we say that I am obligated to you not to read your diary, one thing we might mean is that I am subject to a deontological constraint against reading your diary that gives me a non‐instrumental, agent‐relative reason not to do so, and which you are (...) typically in a unique position to waive with consent. I call this first relation the constraint relation. A second thing we might mean is that you are in a position to fittingly hold me personally accountable for reading your diary by demanding that I not read your diary, resenting me if I do so without excuse, and deciding whether to forgive me for this afterwards. I call this second relation the accountability relation. Though these two kinds of directed obligation often coincide, I argue that they are extensionally dissociable and play different normative roles. We cannot provide an adequate theory of ‘obligation to’ until we recognize that this phrase denotes not one relation, but two. (shrink)

This paper presents the epistemic practices account, a theory about the nature of epistemic normativity. The account aims to explain how the pursuit of epistemic values such as truth and knowledge can give rise to epistemic norms. On this account, epistemic norms are the internal rules of epistemic social practices. The account explains four crucial features of epistemic normativity while dissolving some apparent tensions between them. The account also provides a unified theory of epistemic and zetetic normativity.

Our reactions to actual crime-disbelief about the act committed, anger at the hurt caused, a desire to get even, and fear for ourselves and our children-arrive in an indecipherable rush of emotion. We perceive strong, intuitive, and sometimes oppositional reactions at once. So it is little wonder that no single traditional moral justification for punishment is satisfactory. Traditional theories, both retributive and utilitarian, are grounded in a priori truths that ignore the convergence of the theoretical, the practical and the emotional (...) that gives rise to the need to punish. In their stead, we should embrace an advertently pragmatic theoretical approach, which recognize the primary need to protect ourselves against danger, but looks as well to providing reformation wherever possible. Such an approach does not ignore the traditional rationales. To eschew retribution entirely is to deny a deeply-rooted moral intuition and forego efforts to tame it. To jettison utility is to condemn the victim and community to perpetual fear; just to the extent that retributive impulses, by any name, undermine necessary forward-looking concerns about our future's safety, they poorly serve our needs, which include service to the victim, the community and the offender. (shrink)

This paper offers an original argument for a Humean thesis about promising that generalises to the domain of normative powers. The Humean ‘natural unintelligibility’ thesis – prominently endorsed by Rawls, Hart, and Anscombe, and roundly rejected or forgotten by contemporary writers (conventionalists and non – conventionalists alike) – holds that a rational, suitably informed agent cannot so much as make a promise (much less a morally-binding promise) without exploiting conventional norms that confer promissory significance on act types (e.g., signing on (...) the dotted line) that would not otherwise have such significance. The argument (like Hume’s) is action-theoretic in character; its central premise is the Contribution Condition on acting with an aim: roughly, that doing X in order to (bring about) Y requires that the agent believe that their having X-ed on the occasion might come to fully or partly account for Y’s coming to pass. The argument generalises to the broader domain of exercises of normative powers, i.e., to acts that modify normative properties by ‘fiat’ or ‘stipulation’. This stipulative act has been characterised in three different ways, each of which is given due consideration. Finally, two different ways of accommodating the ‘natural unintelligibility’ thesis are considered, as is the thesis’s normative significance. (shrink)

This paper is about when associations, and in particular associations that are part of the state, should be treated as legal persons. I distinguish two forms of association – those that render coherent the agency of their members and those that are group agents – and argue that only the latter should be treated as persons. Following this, I discuss the conditions under which associations that are part of the state can legitimately be group agents.