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)

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)

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’.

It is very contentious whether the features of the manifest image have a place in the world as it is described by natural science. For the advocates of strict naturalism, this is a serious problem, which has been labelled ‘placement problem’. In this light, some of them try to show that those features are reducible to scientifically acceptable ones. Others, instead, argue that the features of the manifest image are mere illusions and, consequently, have to be eliminated from our ontology. (...) In brief, the two options that are open to strict naturalists for solving the placement problem are ontological reductionism and eliminativism. Other advocates of naturalist philosophy, however, claim that both these strategies fail and, consequently, opt for ‘mysterianism’, the view according to which we cannot give up the recalcitrant features of the manifest image even if we are not able to understand the ways in which they could be reduced to the scientific features. Mysterianism has the merit of facing the difficulties that whoever wants to explain reductively, or explain away, the features of the manifest image encounters. It is also a defeatist philosophical view, though, since it considers the most important philosophical problems as unsolvable mysteries. For this reason, I argue that mysterianism can also be taken as a reductio of strict naturalism, given its presumption that all phenomena are either explainable by the natural sciences or to be rejected as illusory. In this article, it is argued that the failures of reductionism, eliminativism and mysterianism should teach us that both the scientific image and the manifest image of the world are essential and mutually irreducible but not incompatible with each other. To support this claim, in the second part of the article, the case of free will is discussed. (shrink)

This paper describes developments in punishment theory since the middle of the twentieth century. After the mid–1960s, what Stanley I. Benn called “preventive theories of punishment”—whether strictly utilitarian or more loosely consequentialist like his—entered a long and steep decline, beginning with the virtual disappearance of reform theory in the 1970s. Crowding out preventive theories were various alternatives generally (but, as I shall argue, misleadingly) categorized as “retributive”. These alternatives include both old theories (such as the education theory) resurrected after many (...) decades in philosophy’s graveyard and some new ones (such as the fairness theory). Only in the last decade or so have new vares o “consequentialism” appeared to dilute a debate among philosophers that had become almost entirely about “retributivism”. I shall describe this trend in more detail. The description will be less an update of my 1990 survey than a rethinking of it. The conclusion I draw from this rethinking is that we need to drop the utilitarian–retributivist (and nonconsequentialist–nonconsequentialist) distinction in favor of one sorting punishment theories according to whether they rely in part on empirical considerations (externalist theories) or instead rely (almost) entirely on conceptual relations (internalist theories). (shrink)

Hirst always highlighted knowledge when reflecting on the school curriculum. He replaced his early focus on liberal education, the development of mind and theoretical knowledge by emphasizing the practical and practices as a curriculum starting point and for the framing of educational aims. In this paper I explore links between Hirst’s philosophical treatment of knowledge and some currently contested aspects of UK government education policies. I also note some ways in which his work relates to selected present-day debates in philosophy (...) of education. Examples of UK government policy will include Ofsted’s definition of learning as a ‘change in long-term memory’ and the ways in which they place ‘logical sequencing’ at the heart of teaching, learning, and curriculum. Their learning definition treats knowledge as an individual asset rather than something about individuals as embedded in the social world of practices, a perspective more in keeping with Hirst’s later views. The critique of individualistic notions of knowledge and learning includes some explorations of how learners move into the ‘space of reasons’. Where I draw attention to relationships between Hirst’s thought and contemporary philosophy of education debates, I do not always draw any definite conclusions. (shrink)

‘It worked there. Will it work here?’ We have to be able to identify the ‘it’ in that aphoristic question. Classifications of teaching methods belong in the social realm, where human intentions play a fundamental role in how phenomena are categorized. The social realm is characterized with the help of John Searle. Social phenomena are often open to interpretation, rather than definitive verdicts. The nature of the social limits the possibility of consistency in how teaching should be classified, which in (...) turn limits the viability of standard quantitative empirical research into effectiveness. Either classifications of teaching are very broad, which robs them of a researchable identity, or they are more specific, which can undermine their credentials as true teaching. So-called ‘Direct Instruction’ is a case in point. (shrink)

Se presenta aquí brevemente la teoría de la justicia elaborada por Rawls, primeramente sobre una base moral, y luego (en el llamado segundo Rawls) la teoría de justicia desde una perspectiva política, con la que Rawls intenta justificar también la existencia del Estado, mediante un contrato social. Se analizan después las primeras críticas realizadas a su teoría. Se sostiene la tesis de que la conveniencia se convierte, sin desearlo, en utilidad, en Rawls, y ésta se convierte en sinónimo de justicia. (...) Se critica esta concepción dado que la elección hecha por la mayoría, para la conveniencia de la mayoría, no hace a una ley justa. Se advierte, además, que la idea de la igualdad considerada, sin más, sinónimo de justicia social, requiere una profunda reflexión. Se realiza, pues, un análisis de los presupuestos de la idea de justicia rawlsiana en cuanto parece identificarse con la idea de utilidad general y distorsionándose la misma idea de justicia. (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)

Kantian moral theories must explain how their most basic moral values of dignity and autonomy should be interpreted and applied to human conditions. One place Kantians should look for inspiration is, surprisingly, the utilitarian tradition and its emphasis on generally accepted, informally enforced, publicly known moral rules of the sort that help us give assurances, coordinate our behavior, and overcome weak wills. Kantians have tended to ignore utilitarian discussions of such rules mostly because they regard basic moral principles as a (...) priori requirements that cannot be tailored to human foibles and limitations. I argue that Kantian moral theories should incorporate public moral rules as mid-level moral requirements for embodied and socially embedded human agents. I explain how certain specific moral judgments about how we ought to act are justified by public moral rules, which are themselves justified by more fundamental moral requirements. (shrink)

Resumo: O objetivo central deste artigo é procurar compreender a concepção normativa híbrida usada por John Rawls para justificar moralmente a punição legal, fazendo uso de um recurso consequencialista, a fim de justificar a instituição da punição, isto é, a eficácia social e um recurso retributivista para justificar os atos punitivos particulares, ou seja, a culpa do agente. Analisaremos, especialmente, o artigo "Two Concepts of Rules" e o livro A Theory of Justice. Defenderemos que Rawls faz uso de uma visão (...) liberal de punição, bem como utiliza o método de equilíbrio reflexivo, estipulando uma regra para aprovação da punição legal, a partir da coerência com nossos juízos morais ponderados, o que parece reconciliar a justiça retributiva com a justiça distributiva.2: The principal aim of this paper is to understand the hybrid normative concept used by John Rawls to morally justify legal punishment. Rawls uses a consequentialist argument - that is, social efficacy - to justify the institution of punishment, and a retributivist argument - that is, the guilt of the agent - to justify particular acts of punishment. The article "Two Concepts of Rules" and the book A Theory of Justice are analyzed. We argue that Rawls uses a liberal view of punishment, as well as the method of reflective equilibrium, stipulating a rule for approval of legal punishment based on its coherence with our considered moral judgments; this seems to reconcile retributive justice with distributive justice. (shrink)

Joseph Heath defends competitive markets and conceptualizes business ethics with reference to Pareto efficiency, which he takes to be the “implicit morality of the market.” His justification for markets is that they generate Pareto efficient outcomes, meaning that markets optimally satisfy consumer preferences. And, for Heath, business ethics is the set of normative constraints—regulation and beyond-compliance norms—needed to preserve that outcome. The present paper accepts Heath’s claim that the economic justification for markets is ethical, in that satisfying consumer preferences is (...) a good. But, contra Heath, the ethical consideration at work is a consequentialist one; and acknowledging this consequentialism exposes limitations of Heath’s “market failures” approach to business ethics. We suggest two limitations, and we expect many will accept our argument that Heath’s conception of business ethics is too narrow. The present paper outlines two broader implications. First, acknowledging that the justification for markets is ethical eliminates the apparent—and false—conflict between purportedly amoral economic activity on one hand and ethical considerations on the other; instead, business ethics is a matter of weighing the consequentialist ethical benefit of economic activity and markets against other moral arguments/other ethical considerations. Second, Heath restricts business ethics to the constraints needed to protect the market’s ability to efficiently satisfy consumer preferences, constraints he calls “efficiency imperatives”; this restriction supports the widespread tendency to think that all social problems are economic; and, a business ethics so-conceived diminishes the perceived importance of noneconomic values—this attitude is dangerous. (shrink)

Why do we have a moral duty to fulfill promises? Hume offers what today is called a practice theory of the obligation of promises: he explains it by appeal to a social convention. His view has inspired more recent practice theories. All practice theories, including Hume’s, are assumed by contemporary philosophers to have a certain normative structure, in which the obligation to fulfill a promise is warranted or justified by a more fundamental moral purpose that is served by the social (...) practice of promising or adherence to it. Recent practice theories do have this structure, but, I argue, Hume’s own does not. Hume’s account, while it does trace the origin of promises to convention, is instead a causal explanation of the moral sentiments we have toward fulfillment and violation of promises, sentiments he regards as normative in themselves and not susceptible of further warrant. He explains how a collectively-invented social practice becomes morally obligatory for us to conform to, without deriving its moral authority from a more basic principle. I discuss one objection often made to practice theories that, in its application to Hume, presupposes the incorrect interpretation, and show that while it is telling for Hume’s descendants, for Hume it misses the mark. Instead I make a different challenge to Hume, and suggest how he might meet it. (shrink)

Theories of political legitimacy normally stipulate certain conditions of legitimacy: the features a state must possess in order to be legitimate. Yet there is obviously a second question as to the value of legitimacy: the normative features a state has by virtue of it being legitimate (such as it being owed obedience, having a right to use coercion, or enjoying a general justification in the use of force). I argue that it is difficult to demonstrate that affording these to legitimate (...) states is morally desirable, and that obvious alternative conceptions of the value of legitimacy (notably epistemic and instrumental) are not without problems of their own. The intuitive triviality of establishing the value of normative legitimacy may mask a serious problem. (shrink)

Torture is like slavery (and unlike murder and genocide) in that it is not inconceivable that torture might be justifiable. But the circumstances that would make it tolerable are unrealistic in philosophically interesting ways. It is unrealistic to think we can predict when torture will be effective and containable; unwarranted to suppose that humane alternatives are impossible; disastrous to remove motivations to create alternatives; unacceptable to be satisfied with available evidence regarding suspects’ identity, knowledge of critical detail, ability to recall (...) it, or reasons for not providing it. Most importantly, the costs of even successful interrogational torture would negate the gains sought. Or so this essay argues. (shrink)

In a variety of disciplines, there exists a consensus that human rights are individual claim rights that all human beings possess simply as a consequence of being human. That consensus seems to me to obscure the real character of the concept and hinder the progress of discussion. I contend that rather than thinking of human rights in the first instance as “claim rights” possessed by individuals, we should regard human rights as higher order norms that articulate standards of legitimacy for (...) sociopolitical and legal institutions. (shrink)

The question I wish to take up in this paper is whether competitive markets, as mechanisms that initiate the distribution of scarce goods, allocate those goods in accordance with what participants in those markets deserve. I want to argue that in general people do not in fact deserve what they get from market interactions, when “what they get” is determined by the competitive forces coming to bear on the market. This more general claim is meant to apply to all participants (...) in the market. However, my strategy here is to focus on the particular case of the role of entrepreneurs, as I will define them, and whether they deserve the profits they reap in a competitive capitalist market. In particular, I will argue that the claim that entrepreneurs deserve their profits, when spelled out precisely, is indeed not plausible. Generalizing from this claim, I want to suggest how moral desert is inappropriate as a justification of market shares whenever competition determines the magnitude of those shares. I should stress, though, the particularity of my central claim: it is that “ entrepreneurs do not deserve their profits.” This is not to say that, for other reasons, people should not receive the rewards doled out by a market. My claim is only that desert has nothing directly to do with it. I am deviating significantly here from the usual strategy for denying the relevance of desert claims to principles of distributive justice. (shrink)

Lockean approaches to property take it that persons can unilaterally acquire private ownership over hitherto unowned resources. Such natural law accounts of property rights are often thought to be of limited use when dealing with the complexities of natural resource use outside of the paradigm of private ownership of land for agricultural or residential development. The tragedy of the commons has been shown to be anything but an inevitability, and yet Lockeanism seems to demand that even the most robust common (...) property arrangements be converted to privatized units. This often motivates a move away from natural law in the moral analysis of property rights. I argue however that it is not the deontological nature of Lockean principles that are at fault, but rather the manner of their application. Lockean theory often exhibits a bias in favour of private property: assuming that only private property can protect one’s interest in autonomy, and therefore asserting that each individual has a power of private acquisition. Starting with a claim against interference however enables us to mould the appropriate property rights to each individual’s particular interest in autonomy. This sometimes leads to private ownership, but often leads to various forms of commons. (shrink)

A survey of contemporary philosophical and scientific literatures reveals that different authors employ the term ‘heuristic’ in ways that deviate from, and are sometimes inconsistent with, one another. Given its widespread use in philosophy and cognitive science generally, it is striking that there appears to be little concern for a clear account of what phenomena heuristics pick out or refer to. In response, I consider several accounts of ‘heuristic’, and I draw a number of distinctions between different sorts of heuristics (...) in order to make sense of various research programmes. I then develop a working characterization of ‘heuristic’ which is shown to be coherent and robust enough to serve as a kind within philosophy and cognitive science broadly. My intent is not to pursue a unified account of ‘heuristic’, but to highlight some features of certain kinds of heuristics that are important for theorizing about cognition in order to proceed with a science of the mind/brain. 1 Why We Need an Appropriate Characterization of ‘Heuristic’2 Inadequate Definitions2.1 A positive attempt2.2 Heuristics versus guaranteed correct outcomes3 A Taxonomy of Heuristics3.1 Stimulus-driven versus heuristic3.2 Perceptual versus cognitive heuristics3.3 Computational versus cognitive heuristics3.4 Methodological versus inferential heuristics3.5 Summary of distinctions4 Characterizing Cognitive Heuristics4.1 Heuristics as rules of thumb4.2 Beyond rules of thumb: exploiting information5 Concluding Remarks. (shrink)

Gideon Yaffe has recently argued that children should be subject to lower standards of criminal liability because, unlike adults, they ought to be disenfranchised. Because of their disenfranchisement, they lack the legal reasons enfranchised adults have to comply with the law. Here I critically consider Yaffe’s argument for such disenfranchisement, which holds that disenfranchisement balances children’s interest in self-government with adults’ interest in having an equal say over lawmaking. I argue that Yaffe does not succeed in showing that these two (...) values need to be balanced, nor that disenfranchising children is a justifiable method of achieving this balance. In my conclusion, I sketch an alternative contractualist approach to disenfranchising children that, like Yaffe’s, appeals to the implications that enfranchisement has for political relations among citizens, but unlike Yaffe’s, rests on empirical claims about the influence of parents on children’s voting patterns rather than on a priori claims regarding who has a rightful say over lawmaking. (shrink)

In liberal modernity, the democratic collective will of society was understood to emerge through the public and deliberative freedoms of associational life. Today, however, democratic discourse is much more focused on the formation of plural and diverse publics in the private and social sphere. In these ‘non-linear’ approaches, democracy is no longer seen to operate to constitute a collective will standing above society but as a mechanism to distribute power more evenly through the social empowerment of individuals and communities as (...) the ultimate decision-makers. Government is brought back ‘to the people’ and democracy is seen to circulate through the personal decisions made in everyday life. This article seeks to analyse the development of non-linear approaches to the political sphere, which seek to overcome the rationalist assumptions of the public/private divide, paying particular attention to the work of two key liberal theorists, John Dewey and Friedrich von Hayek. (shrink)

‘Normative powers’ are capacities to create normative reasons by our willing or say-so. They are significant, because if we have them and exercise them, then sometimes the reasons we have are ‘up to us’. But such powers seem mysterious. How can we, by willing, create reasons? In this paper, I examine whether normative powers can be adequately explained normatively, by appeal to norms of a practice, normative principles, human interests, or values. Can normative explanations of normative powers explain how an (...) exercise of the will can afford us special freedom in determining our reasons? I argue that normative approaches to answering this question prove to be inadequate. To vindicate the thought that normative powers can make our reasons ‘up to us’, we need an altogether different approach to understanding them, one that is located not in the normative but in the metaphysical. I end the paper by sketching a metaphysical explanation of normative powers. This metaphysical defence of normative powers provides a window into a different, more agent-centered way of thinking about rational agency. (shrink)

Having acknowledged the recurrent theme of education in Stanley Cavell's work, the discussion addresses the topic of scepticism, especially as this emerges in the interpretation of Wittgenstein. Questions concerning rule‐following, language and society are then turned towards political philosophy, specifically with regard to John Rawls. The discussion examines the idea of the social contract, the nature of moral reasoning and the possibility of our lives' being above reproach, as well as Rawls's criticisms of Nietzschean perfectionism. This lays the way for (...) the broaching of questions of race and America. The theme of the ordinary, which emerges variously in Cavell's reflections on Emerson, Wittgenstein and Austin, is taken up and extended into a consideration of Thoreau's ‘experiment in living’. The conversation closes with brief remarks about happiness. (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)

This paper discusses differences between two major schools in philosophy of criminal law, retributivism and consequentialism, with regard to the risk of punishing the innocent. As it is argued, the main point of departure between these two camps in this respect lies in their attitude towards the high evidentiary threshold in a criminal trial: while retributivism seems to strongly support setting this standard high, consequentialists may find it desirable to relax it in some cases. This discussion is set in the (...) context of proxy criminalization, i.e. a situation, in which some suspicious behaviour is criminalized. Since proxy criminalization may be understood as an effective lowering of the evidentiary threshold, its employment is justifiable from the consequentialist perspective, while being highly problematic for the retributivists. (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)

Carnap and Goodman developed methods of conceptual re-engineering known respectively as explication and reflective equilibrium. These methods aim at advancing theories by developing concepts that are simultaneously guided by pre-existing concepts and intended to replace these concepts. This paper shows that Carnap’s and Goodman’s methods are historically closely related, analyses their structural interconnections, and argues that there is great systematic potential in interpreting them as aspects of one method, which ultimately must be conceived as a component of theory development. The (...) main results are: an adequate method of conceptual re-engineering must focus not on individual concepts but on systems of concepts and theories; the linear structure of Carnapian explication must be replaced by a process of mutual adjustments as described by Goodman; Carnap’s condition of similarity can be analysed into two components, one securing a relation to the specific extensions of the pre-existing concepts, one regulating the transition to the new system of concepts; these two criteria of adequacy can be built into Goodman’s account of reflective equilibrium to ensure that the resulting concepts promote theoretical virtues while being sufficiently similar to the concepts we started out with. (shrink)

Most philosophers reject what we might call "penal pluralism": the idea that punishment can and should encompass multiple penal goals or principles. This is rejected because it is often held that different penal goals or principles will conflict: the goal of punishing an offender to the degree deserved may differ and even undermine the goal of enabling deterrence or rehabilitation. For this reason, most philosophers argue that we must make a choice, such as choosing between retribution and its alternatives. In (...) "Some Remarks on Punishment," F. H. Bradley re-examines the justification of punishment in light of a critique of Darwinism's importance for ethics. My primary focus is on how Bradley's substantive discussion of punishment only because it is here that this article's arguments have most relevance for us today. (shrink)

The criminal law raises wonderfully thorny foundational questions. Some of these questions are conceptual: What is a plausible conception of crime ? What is a plausible conception of criminal law ? Some of these questions are genealogical: What are the historical and genealogical roots of the criminal law in a particular jurisdiction? Other questions are evaluative: What are the political and moral values on which a given conception of criminal law depends? What kind of rational reconstruction, if any, could the (...) criminal law be given? And, finally, still other questions are exploratory and normative: Should parts of existing criminal law be abandoned? What new topics in criminal law theory need to be addressed in our globalised, technologically savvy world? The contributors to Antony Duff and Stuart P. Green’s collection Philosophical Foundations of Criminal Law tackle these questions with zeal and independent spirit. They disagree markedly with each other about what the foundational questions are. And, they disagree about how those questions should be handled. This article charts their disagreements by situating the contributors within two taxonomies. The first groups them according to their approaches to the foundational questions; the second groups them according to their modes of theorising. This double taxonomy provides a useful frame within which to analyse these competing takes on the philosophically foundational work of criminal law theory. (shrink)

This paper discusses the relation between medical ethics and general moral theory, the argument being that medical ethics is best seen as independent from general moral theory. According to this independence thesis, here explicated in terms of what is called a disunitarian stance, the very idea of applied ethics, which is often seen as underlying medical ethics, is misguided. We should instead think of medical ethics as a domain-specific ethical inquiry among other domain-specific ethical inquiries. On this alternative kind of (...) picture, such ethical inquiries should start with looking at the particularities of the domain under consideration and then proceed from there. Some possible consequences of this idea for medical ethics are then identified and discussed. (shrink)

Social ontologists commonly think that our ideas about social entities, and about other people also inhabiting the social realm, play an important role in making those entities into what they are. At the same time, we know that our ideas are often indeterminate in character, which presumably would mean that this indeterminacy should carry over to the social realm. And yet social indeterminacy is a neglected topic in social ontology. It is argued that this neglect can be traced to how (...) a particular approach that favors ahistorical reconstructions in making sense of social entities has come to dominate social ontology. If we think beyond the parameters set by this approach, however, we can see that recognizing indeterminacy as a pervasive phenomenon in the social realm might open up new interpretative possibilities in relation to different social categories. This argument is at least partly in line with recent calls for a move towards nonideal social ontology. (shrink)

In recent years, several political theorists have argued that reasonable principles of justice are practice-dependent. In this paper it is suggested that we can distinguish between at least two main models for doing practice-dependent theorizing about justice, interpretivism and constructivism, and that they can be understood as based in two different conceptions of practices. It is then argued that the reliance on the notion of participants that characterizes interpretivism disables this approach from adequately addressing certain matters of justice and that (...) a better way of developing the idea of practice-dependence can be found in a constructivism that starts from the Rawlsian idea of overlapping consensus, but which shifts the focus of that approach from societies to a more open-ended category of domains, and which understands the parties to a possible overlapping consensus as stakeholders in a certain set of interconnected practices. (shrink)

A significant part of contemporary social ontology has been focused on understanding forms of collective intentionality. It is suggested in this paper that the contested nature of some institutional matters makes this kind of approach problematic, and instead an alternative approach is developed, one that is oriented towards a micro-level analysis of the institutional constraints that we face in everyday life and which can make sense of how there can be institutional facts that are deeply contested and yet still real. (...) The model is applied to two main examples, sexism and racism, and it is argued that on this approach it can make sense to understand both of them as institutions in our societies. (shrink)

An experimental paradigm that purports to test young children’s understanding of social norms is examined. The paradigm models norms on Searle’s notion of a constitutive rule. The experiments and the reasons provided for their design are discussed. It is argued that the experiments do not provide direct evidence about the development of social norms and that the concepts of a social norm and constitutive rule are distinct. The experimental data are re-interpreted, and suggestions for how to deal with the present (...) criticism are presented that do not require abandoning the paradigm as such. Then the conception of normativity that underlies the experimental paradigm is rejected and an alternative view is put forward. It is argued that normativity emerges from interaction and engagement, and that learning to comply with social norms involves understanding the distinction between their content, enforcement, and acceptance. As opposed to rule-based accounts that picture the development of an understanding of social norms as one-directional and based in enforcement, the present view emphasizes that normativity is situated, reciprocal, and interactive. (shrink)

At the end of the opening chapter of his Second Treatise of Government , Locke describes political power in the following terms: ‘Political Power then I take to be a Right of making Laws with Penalties of Death, and consequently all less Penalties, for the Regulating and Preserving of Property, and of employing the force of the Community, in the Execution of such Laws, and in the defence of the Common-wealth from Foreign Injury, and all this only for the Publick (...) Good.’. (shrink)