Dateline NBC’s “To Catch a Predator”(2006-08) involved NBC staff working with police and a watchdog group called “Perverted Justice” to televise “special intensity” arrests of men who were lured into meeting adult decoys posing as young children, presumably for a sexual encounter. As reality television, “To Catch a Predator” facilitates public shaming of those caught in front of the cameras, which distinguishes it from fictional representations. In one case, a Texas District Attorney, Louis Conradt, shot himself on film, unable to (...) bear the public humiliation of cameras airing his arrest. The show engenders conflicting responses: Did the show fulfill a public service by informing the public about real dangers and deterring potential predators, or was it an insensitive effort to garner ratings by taking advantage of human weaknesses? Is the sort of public shaming it imposes an appropriate form of punishment given the legitimate purposes of punishment? Did the show portray justice, or did it entrap victims? How did NBC’s working relationship with local police bear on the answer to that question? This paper addresses these questions and develops three objections to the show: that NBC in effect metes out unjust punishment; that it invades privacy; and that it entraps. (shrink)

Este artículo está escrito para una colección de ensayos introductorios sobre filosofía de las ciencias cognitivas. Es una revisión (selectiva) de la literatura sobre la psicología del juicio moral.

In proxy assertion an individual or group asserts something through a spokesperson. The chapter explains proxy assertion as resting on the assignment of a status role to a person (that of spokesperson) whose utterances acts in virtue of that role have the status function of signaling that the principal is committed in a way analogous to an individual asserting that in his own voice. The chapter briefly explains how status functions and status roles are grounded and then treats, in turn, (...) the case of a spokesperson for an individual and a group and the differences in the significance of what the spokesperson does in each case. Finally, it reviews complications introduced by spokesperson autonomy, where the spokesperson is given leave to represent her principal’s views or positions in her own words and to respond to questions on his behalf. (shrink)

Whether collective agency is a coherent concept depends on the theory of agency that we choose to adopt. We argue that the enactive theory of agency developed by Barandiaran, Di Paolo and Rohde (2009) provides a principled way of grounding agency in biological organisms. However the importance of biological embodiment for the enactive approach might lead one to be skeptical as to whether artificial systems or collectives of individuals could instantiate genuine agency. To explore this issue we contrast the concept (...) of collective agency with multi-agent systems and multi-system agents, and argue that genuinely collective agents instantiate agency at both the collective level and at the level of the component parts. Developing the enactive model, we propose understanding agency – both at the level of the individual and of the collective – as spectra that are constituted by dimensions that vary across time. Finally, we consider whether collectives that are not merely metaphorically ‘agents’ but rather are genuinely agentive also instantiate subjectivity at the collective level. We propose that investigations using the perceptual crossing paradigm suggest that a shared lived perspective can indeed emerge but this should not be conflated with a collective first-person perspective, for which material integration in a living body may be required. (shrink)

Constructivist approaches in epistemology and ethics offer a promising account of normativity. But constructivism faces a powerful Schmagency Objection, raised by David Enoch. While Enoch’s objection has been widely discussed in the context of practical norms, no one has yet explored how the Schmagency Objection might undermine epistemic constructivism. In this paper, I rectify that gap. First, I develop the objection against a prominent form of epistemic constructivism, Belief Constitutivism. Belief Constitutivism is susceptible to a Schmagency Objection, I argue, because (...) it locates the source of normativity in the belief rather than the agent. In the final section, I propose a version of epistemic constructivism that locates epistemic normativity as constitutive of agency. I argue that this version has the resources to respond to the Schmagency Objection. (shrink)

In this paper I argue that, although Kant argues that morality is independent of God (and hence, agrees with the Euthyphro), and rejects Divine Command Theory (or Theological Voluntarism), he believes that all moral duties are also the commands of God, who is a moral being, and who is morally required to punish those who transgress the moral law: "God’s justice is the precise allocation of punishments and rewards in accordance with men’s good or bad behavior." However, since we lack (...) a strict proof of God's existence, we can still fulfill our duties from the motive of duty. if we did know that God exists, then this would undermine our pure moral motivation to do our duty, since we would have an even stronger interest in pleasing God through our good conduct. The effect of undermining our pure moral motivation would be to make us less eligible for divine reward, since God rewards us for doing our duty from the motive of duty. (shrink)

Genres inform our appreciative practices. What it takes for a work to be a good work of comedy is different than what it takes for a work to be a good work of horror, and a failure to recognize this will lead to a failure to appreciate comedies or works of horror particularly well. Likewise, it is not uncommon to hear people say that a film or novel is a good work, but not a good work of x (where x (...) is the genre of that work). A work can be good all things considered, but genre membership provides us with an additional set of evaluative criteria over and above those of the medium, which colors how we interpret and appreciate the work. Given this importance, it is not surprising that philosophers of art have been interested in providing an account of what, exactly, a genre is. Despite this interest, there is not widespread agreement about what it takes for something to be a genre, nor what kinds of considerations are relevant in determining whether a work is a member of that genre. Beyond this, we might also want to know to what degree we ought to consider genre in evaluating a work of art and why it should matter at all. Here, I explore the variety of recent theories that philosophers have taken up on the topic of genre and why we should ultimately think of genres as artistic practices rather than the alternatives. (shrink)

In this study two strands of inferentialism are brought together: the philosophical doctrine of Brandom, according to which meanings are generally inferential roles, and the logical doctrine prioritizing proof-theory over model theory and approaching meaning in logical, especially proof-theoretical terms.

Open access-introduction into moral philosophy in German language that contains chapters on the concept of morality, on the development and the main positions of normative ethics, on meta-ethics, and on the various fields of applied ethics. One of its distinctive features is that it explicitly reflects on the role of morality and ethics in modern society and that it analyses the import of alternative conceptual and normative positions for determining this role. The book can be freely downloaded from the publisher's (...) website via the URL below. (shrink)

What is the source of logical and mathematical truth? This book revitalizes conventionalism as an answer to this question. Conventionalism takes logical and mathematical truth to have their source in linguistic conventions. This was an extremely popular view in the early 20th century, but it was never worked out in detail and is now almost universally rejected in mainstream philosophical circles. Shadows of Syntax is the first book-length treatment and defense of a combined conventionalist theory of logic and mathematics. It (...) argues that our conventions, in the form of syntactic rules of language use, are perfectly suited to explain the truth, necessity, and a priority of logical and mathematical claims, as well as our logical and mathematical knowledge. (shrink)

Para quienes tengan interés en la filosofía moral y política contemporánea la obra de John Rawls es sin discusión una parada necesaria. De hecho, la tesis de Robert Nozick según la cual resulta imposible hacer filosofía moral y política sin considerar el marco ofrecido por Rawls, aunque parezca extrema, resulta bastante acertada. En gran medida el impacto de la obra de Rawls radica en su interés por ofrecer una teoría sustantiva de la justicia, teoría que hundiendo sus raíces en la (...) tradición de la filosofía sea capaz de orientarnos al momento de abordar las discusiones contemporáneas sobre justicia social. -/- En los trabajos que componen este libro el lector podrá encontrar una discusión actualizada sobre aquellos elementos que definen la base moral y política que Rawls presentó como fundamento de su teoría de la justicia. Al mismo tiempo, estos ensayos intentan construir un puente entre la justicia como equidad y otras tradiciones de la filosofía moral y política contemporánea. Para lograr este último fin, varios de los trabajos que aquí se presentan consideran las ideas de reconocimiento y autorrespeto como claves de interpretación de la obra de Rawls. (shrink)

What is the connection between moral rights and the good? While familiar normative theories give justificatory precedence to one notion over the other, this paper explores a neglected alternative: when properly specified, the notion of moral rights and of the good conceptually depend on each other.1.

What is the relationship between human rights and the rights of states? Roughly, while cosmopolitans insist that international morality must regard as basic the interests of individuals, statists maintain that the state is of fundamental moral significance. This article defends a relational version of statism. Human rights are ultimately grounded in a relational norm of reciprocal independence and set limits to the exercise of public authority, but, contra the cosmopolitan, the state is of fundamental moral significance. A relational account promises (...) to justify a limited conception of state sovereignty while avoiding the familiar cosmopolitan criticisms of statist accounts. (shrink)

InUtilitarianism, Mill defers to Alexander Bain's expertise on the subject of moral judgment to answer common criticisms of the creed. First, we do not blame people or label them immoral when they are less than ideal. Judgments of immorality are commonly reserved for substandard behavior, not suboptimal comportment. Second, we do not commonly insist on full neutrality in benevolence. Indeed, some philosophers argue that we are obliged to exhibit partiality, insofar as it is demanded by our roles as friends, parents, (...) or children. My primary aim in this essay is to explicate Bain's theory of moral judgment and explain how Mill used Bain's psychological doctrines to inform his development of an indirect utilitarian moral philosophy, immune to the criticisms described above. (shrink)

Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...) punished as severely as advantaged ones, even though such punishment is unjust in light of the state’s loss of standing. Second, and more importantly, moral standing arguments prohibit states from blaming advantaged as well as disadvantaged offenders. This unwelcome outcome suggests that standing approaches incorrectly analyze the source of moral misgivings about punishing the disadvantaged. I conclude that those who share such concerns should put standing accounts aside. (shrink)

Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...) punished as severely as advantaged ones, even though such punishment is unjust in light of the state’s loss of standing. Second, and more importantly, moral standing arguments prohibit states from blaming advantaged as well as disadvantaged offenders. This unwelcome outcome suggests that standing approaches incorrectly analyze the source of moral misgivings about punishing the disadvantaged. I conclude that those who share such concerns should put standing accounts aside. (shrink)

Is Hobbes a normative egoist? That is: does Hobbes think that an agent’s normative reasons are all grounded in her own good? A once-dominant tradition of Hobbes scholarship answers ‘yes’. In an important recent work, however, S.A. Lloyd has argued that the answer to the question is ‘no’, and built an alternative non-egoistic interpretation of Hobbes that stresses reciprocity and mutual justifiability. My aim in this paper is to articulate and defend an original ‘middle way’ interpretation of Hobbes which steers (...) a course between an excessively egoistic and what we might call an excessively ‘moralistic’ interpretation. According to the interpretation I defend, our obligations have their source in self-interest in the sense that they are all self-assumed results of covenants, our reasons for making which are solely self-interested. But the obligations that result from such covenants can sometimes require us to act against our self-interest. (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)

The aim of this article is to argue for a conception of critical social science based on the model of constitutive rules. The author argues that this model is pragmatically superior to those models that employ notions like "illusion" and " ideology," as it does not demand a specification of the "real (but hidden) interests" of social actors. Key Words: constitutive rules • critical theory • ideology • recommendations • social facts.

What is group well-being? There is, as of yet, shockingly little philosophical literature explicitly aiming to answer this question. This essay sketches some of the logical space of possible answers, and nudges us to seriously consider certain overlooked options. There are several importantly different ways the well-being of a collective or a group could be related to the well-being of the individuals who constitute it: 1) eliminativism, 2) functionalism, 3) partialism, or 4) the independent view. If the relation between individual (...) and collective well-being is either functional or partial, then we face a further question: What is the direction of constitutive dependence? Does the well-being of a group depend upon the well-being of the well-being of the individuals who compose it, or does the well-being of an individual depend upon the well-being of the groups to which they belong? Or both? These questions raise some puzzles that I begin to resolve. I conclude that there might be a wide variety of ways the well-being of a collective obtains, only some of which are related to the well-being of the individuals who are its members. In the end, I hope to vindicate the thought that an injury to one is an injury to all. (shrink)

Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between retributive (...) intuitions and the retributive value of punishment. This argument may generalize to other deontological intuitions and theories. (shrink)

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)

Harold Garfinkel wrote a series of highly detailed and lengthy 'memos' during his time (1951-53) at Princeton, where remarkable developments in information theory were taking place. These very substantial manuscripts have been edited by Anne Warfield Rawls in Toward a Sociological Theory of Information (Garfinkel 2008). This paper explores some of the implications of these memos, which we suggest are still relevant for the study of 'information' and information theory. Definitional privilege of 'information' as a technical term has been arrogated (...) by information science, which thereby excludes the interactional occasions of use of 'information'. The authors examine some 'professional' and 'laic' determinations of 'information'. Looking at in situ uses of 'information' shows how dealing with 'information' is characterized by ad hoc practices, such as specifications, 'authorization' and 'particularization' procedures. The authors report on a series of workplace studies in academic libraries, looking at how librarians account for 'information' through practices of classification. Classifying 'information' is a member's local accomplishment, and explicating practices of classifying 'information' undermines the formal-analytic project of the 'Philosophy of Information,' as formulated, for instance, by Luciano Floridi. Implications of Garfinkel's work must remain beyond the purview of information science if it is to maintain its status as the recognized field dealing with 'information'. However, such omission risks 'losing the phenomenon' of 'information': to adapt an argument from Dorothy Smith (Catalyst, 8, pp 39—54, 1974), it trades upon decontextualized uses and recontextualizes 'information' for the practical purposes of formal analysis. (shrink)

While jurisprudence in the United States has been cast in the general mode of the English common law, modifications over time have produced enough significant variations that American law has a distinctive quality. To illustrate: The exclusionary rule in criminal cases prohibiting the use of evidence (even from reliable witnesses) acquired through illegal search, is not followed in Britain—or, for that matter, in Canada, Germany, and Israel. The punitive-damage concept (PD) in tort law is also a jurisprudential novelty. Punitive damages (...) are imposed in addition to compensatory awards given to tort victims to warn manufacturers and sellers to be careful in their safety and marketing practices. PDs are society's warning signals: Seller beware! Because they are one of society's ways to protect itself, PDs have recently been considered as fines which, to prevent excesses, should be under the rubric of the Eighth Amendment.This essay introduces new elements into the discussion on torts by hypothesizing (1) PDs are fines which belong to the public purse; (2) that expenditures from the public purse should be given to local organizations (like orphanages and inner-city hospitals) which provide vital services for those unable to pay; and (3) that the victim (or the victim's survivor) has a right to designate what local organizations should benefit from his or her punitive-damage awards.The hypotheses require reexamination of the concepts of citizenship, community, and work, respectively.Tort law is an integral part of the American law of injuries, a body of judicial doctrine and legislation and a set of legal arrangements that also include compensation systems and safety legislation. It would have been unthinkable as recently as twenty-five years ago that the tort system would become a source of bitter contention. Today, however, it generates sharp rhetoric and dramatic proposals for change to address its contested problems, as well as strong views in favor of continuing the system essentially intact so as not to disturb its contended benefits. (shrink)

While jurisprudence in the United States has been cast in the general mode of the English common law, modifications over time have produced enough significant variations that American law has a distinctive quality. To illustrate: The exclusionary rule in criminal cases prohibiting the use of evidence (even from reliable witnesses) acquired through illegal search, is not followed in Britain—or, for that matter, in Canada, Germany, and Israel. The punitive-damage concept (PD) in tort law is also a jurisprudential novelty. Punitive damages (...) are imposed in addition to compensatory awards given to tort victims to warn manufacturers and sellers to be careful in their safety and marketing practices. PDs are society's warning signals: Seller beware! Because they are one of society's ways to protect itself, PDs have recently been considered as fines which, to prevent excesses, should be under the rubric of the Eighth Amendment.This essay introduces new elements into the discussion on torts by hypothesizing (1) PDs are fines which belong to the public purse; (2) that expenditures from the public purse should be given to local organizations (like orphanages and inner-city hospitals) which provide vital services for those unable to pay; and (3) that the victim (or the victim's survivor) has a right to designate what local organizations should benefit from his or her punitive-damage awards.The hypotheses require reexamination of the concepts of citizenship, community, and work, respectively.Tort law is an integral part of the American law of injuries, a body of judicial doctrine and legislation and a set of legal arrangements that also include compensation systems and safety legislation. It would have been unthinkable as recently as twenty-five years ago that the tort system would become a source of bitter contention. Today, however, it generates sharp rhetoric and dramatic proposals for change to address its contested problems, as well as strong views in favor of continuing the system essentially intact so as not to disturb its contended benefits. (shrink)

Prospective developments in computer and nanotechnology suggest that there is some possibility—perhaps as early as this century—that we will have the technological means to attempt to duplicate people. For example, it has been speculated that the psychology of individuals might be emulated on a computer platform to create a personality duplicate—an “upload.” Physical duplicates might be created by advanced nanobots tasked with creating molecule-for-molecule copies of individuals. Such possibilities are discussed in the philosophical literature as (putative) cases of “fission”: one (...) person “splitting” into two. Many philosophers, perhaps most, reject the idea of fission, appealing to some form of a “no-branching” condition to rule out such possibilities. I argue, to the contrary, that there are good moral reasons to think that any account of personal identity that does not permit fission is deeply problematic, especially in connection with theorizing about criminal punishment. I discuss and reject David Lewis’ famous account of personal identity that invokes “multiple occupancy” to allow for branching. In contrast, I offer an account of personal identity that permits branching using the type/token distinction to help with such puzzling cases. (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)

There are different ways of understanding the place of virtue in ethics. I will be interested in certain of the most ambitious, those neo-Aristotelian views that take it that right action is action from and for the sake of virtue, that right practical reasoning is virtuous practical reasoning, that the virtues are corrective,[i] and that, as Philippa Foot put it, "not every man who has a virtue has something that is a virtue in him."[ii] Virtues regulate individual action and response (...) (tending to produce right choice, right action, appropriate emotions or passions, and tending to be constituted in part by developed sensitivities to ethical salience).[iii] These excellences benefit their bearers (in some sense) and benefit others (in several senses). And virtue makes the human adult good qua human being. (shrink)

Building Better Beings: A Theory of Moral Responsibility argues that the normative basis of moral responsibility is anchored in the effects of responsibility practices. Further, the capacities required for moral responsibility are socially scaffolded. This article considers criticisms of this account that have been recently raised by John Doris, Victoria McGeer, and Michael Robinson. Robinson argues against Building Better Beings’s rejection of libertarianism about free will, and the account of desert at stake in the theory. considers methodological questions that arise (...) from the account of desert, providing some additional resources for thinking about these issues within the framework of the account. McGeer objects to the particular mode of justification used to motivate the prescriptive aspect of the account. This article presents replies to each of these lines of response. (shrink)

Abstract:This essay argues that moral accountability depends upon having a shared system of social norms. In particular, it argues that the Strawsonian reactive attitude of resentment is only fitting when people can reasonably expect a mutual recognition of the justified demands to which they are being held. Though such recognition should not typically be expected of moral demands that are thought to be independent of any social practice, social norms can ground such mutual recognition. On this account, a significant part (...) of a society’s social norms are also properly seen as moral norms. The essay defends this overlap of social and moral norms in contrast to views on which moral norms and social norms are sharply distinguished. Lastly, the essay concludes by addressing challenges for accountability in circumstances of norm change. (shrink)

Seizing the opportunity to apply what they had learned, the students declared a cheating competition. Outspoken participants (future lawyers, politicians, and captains of industry) bragged about their ruses. But to their chagrin, an ethics student prevailed.

Mill argues that, apart from the principle of utility, his utilitarianism is incompatible with absolutes. Yet in On Liberty he introduces an exceptionless anti-paternalism principle—his liberty principle. In this paper I address ‘the absolutism problem,’ that is, whether Mill's utilitarianism can accommodate an exceptionless principle. Mill's absolute claim is not a mere bit of rhetoric. But the four main solutions to the absolutism problem are also not supported by the relevant texts. I defend a fifth solution—the competence view—that turns on (...) his attention to decision-making structures and, in particular, on the role of expertise considerations in his account. (shrink)

I argue that a notorious passage from Utilitarianism concerning the relationship between morality and blameworthiness need not be an obstacle to a consistent act-utilitarian interpretation of Mill's moral theory. First, the Art of Life provides a framework for reconciling Mill's evaluation of conduct in terms of both expediency and blameworthiness. Like contemporary sophisticated act-utilitarians, Mill treats expediency as the more fundamental category of evaluation. Second, textual evidence suggests that, on Mill's view, evaluations of blameworthiness are not strictly bound by rules, (...) despite rule-ish considerations about punishment and discretion. Third, Mill's own jurisdictional account in terms of competent decision-making remains consistent with the act-utilitarian interpretation. (shrink)

Thom Brooks criticizes utilitarian and retributive theories of punishment but argues that utilitarian and retributive goals can be incorporated into a coherent and unified theory of punitive restoration, according to which punishment is a means of reintegrating criminals into society and restoring rights. I point to some difficulties with Brooks’ criticisms of retributive and utilitarian theories, and argue that his theory of punitive restoration is not unified or coherent. I argue further that a theory attempting to capture the complex set (...) of rules and behaviors that constitute the practice of legal punishment cannot persuasively be unified and coherent: legitimate features of the practice advance goals and promote values that in some cases conflict. (shrink)

The aim of this paper is to clarify what kind of normativity characterizes a convention. First, we argue that conventions have normative consequences because they always involve a form of trust and reliance. We contend that it is by reference to a moral principle impinging on these aspects (i.e. the principle of Reliability) that interpersonal obligations and rights originate from conventional regularities. Second, we argue that the system of mutual expectations presupposed by conventions is a source of agreements. Agreements stemming (...) from conventions are “tacit” in the sense that they are implicated by what agents do (or forbear from doing) and without that any communication between them is necessary. To justify this conclusion, we assume that: (1) there is a salient interpretation, in some contexts, of everyone’s silence as confirmatory of the others’ expectations (an epistemic assumption), and (2) the participating agents share a value of not being motivated by hostile attitudes (a motivational assumption). By clarifying the relation between conventions and agreements, the peculiar normativity of conventions is analyzed. (shrink)

RESUMO O objetivo do presente trabalho é propor, mediante o papel que a relação entre método e objetivos desempenha em "A theory of justice", uma possível leitura da abordagem contratualista sui generis adotada por Rawls em sua obra-prima. De modo particular, aproveitaremos, como ponto de partida, duas críticas que Onora O'Neill apresenta em uma de suas últimas intervenções sobre o pensamento de Rawls. Tentaremos mostrar, então, como tais críticas padecem de certa inconsistência, na medida em que for enfatizada a complementaridade (...) entre alguns aspectos metodológicos e os objetivos gerais assumidos em "A theory of justice", sobretudo, no que diz respeito à caracterização da posição original como situação ideal de deliberação entre agentes racionais que se reconhecem como livres e iguais em sua pluralidade. Nesse sentido, concentrar-nos-emos na interpretação do nexo entre o véu de ignorância e o equilíbrio reflexivo como momento constitutivo de um processo de reflexão prática em que interagem, sem contradição, racionalidade lógicoformal e razoabilidade das restrições. Daí, indicaremos, em linhas gerais e de maneira absolutamente provisória, em que termos nos parece possível compatibilizar construtivismo e contratualismo em "A theory of justice". ABSTRACT The aim of this paper is to propose, through the role that the relationship between method and objectives plays in "A theory of justice", a possible reading of the contractarian sui generis approach adopted by Rawls in his masterpiece. In particular, we will take advantage, as a starting point, of two critical objections that Onora O'Neill presents in one of her latest interventions on Rawls' thought. Then, we will try to show how such critical objections are somewhat insubstantial, to the extent that the complementarity between some methodological aspects and the general objectives assumed in "A theory of justice" is emphasized, especially with regard to the characterization of the original position as ideal situation of deliberation among rational agents who recognize themselves as free and equal in their plurality. In this sense, we will focus on the interpretation of the link between the veil of ignorance and the reflective equilibrium as a constitutive moment of a process of practical reflection in which logical-formal rationality and reasonableness of restrictions interact, without contradiction. Hence, we will indicate, in a general and absolutely provisional way, in which terms it seems possible to reconcile constructivism and contractualism in "A theory of justice". (shrink)

Since publication of the 1986 Carnegie Commission report, A Nation Prepared: Teachers for the 21st Century, the professional teaching standards movement has gained noticeable momentum. The professional standards movement in teaching has been fueled by national organizations such as the National Council for Accreditation of Teacher Education, the Interstate New Teachers Assessment and Support Consortium, the National Board for Professional Teaching Standards, the National Commission on Teaching and America's Future, and by close collaboration among these four entities. Further, nearly all (...) of the fifty states are embracing the professional standards movement through formal participation in the work of one or more of these organizations. Although the professional standards movement in teaching is strong and growing stronger, its implications are not clear for instructional programs in social foundations of education, either at the teacher preparation or the advanced graduate levels. In response to the standards movement, social foundations educators have a number of options before them, three of which are to (1) largely ignore these developments, as "this too shall pass"; (2) critically interpret and resist these developments through scholarship and collective professional action, as social foundations scholars did with Competency Based Teacher Education in the 1970s; and (3) critically interpret these developments while working to strengthen the potential of the professional teaching standards movement to achieve its stated goal of providing caring and qualified teachers for every classroom in the nation. Of these three options, the last is most advisable, but it presents a considerable challenge to social foundations educators. Although the absence of social foundations skills, perspectives, and understanding should make it very difficult for teacher candidates and teachers to perform well on standards-based teaching assessments, there is no guarantee that these assessments will hold candidates accountable for social foundations learning. Implications for social foundations educators and activists are significant. (shrink)

Constrained instrumentalist theories of punishment – those that seek to justify punishment by its good effects, but limit its scope – are an attractive alternative to pure retributivism or utilitarianism. One way in which we may be able to limit the scope of instrumental punishment is by justifying punishment through the concept of duty. This strategy is most clearly pursued in Victor Tadros’ influential ‘Duty View’ of punishment. In this paper, I show that the Duty View as it stands cannot (...) find any moral distinction between the permissible punishment of the guilty and the permissible punishment of the innocent in extreme circumstances, therefore undermining one the key pillars of its intuitive appeal. I canvass several ways to respond to this problem, arguing that a rights forfeiture theory which employs the distinction between rights forfeiture and rights infringement is the best solution. (shrink)

At criminal trial, we demand that those accused of criminal wrongdoing be presumed innocent until proven guilty beyond any reasonable doubt. What are the moral and/or political grounds of this demand? One popular and natural answer to this question focuses on the moral badness or wrongness of convicting and punishing innocent persons, which I call the direct moral grounding. In this essay, I suggest that this direct moral grounding, if accepted, may well have important ramifications for other areas of the (...) criminal justice process, and in particular those parts in which we (through our legislatures and judges) decide how much punishment to distribute to guilty persons. If, as the direct moral grounding suggests, we should prefer under-punishment to over-punishment under conditions of uncertainty, due to the moral seriousness of errors which inappropriately punish persons, then we should also prefer erring on the side of under-punishment when considering how much to punish those who may justly be punished. Some objections to this line of thinking are considered. (shrink)

The contribution of food and diet to health is much disputed in the background culture in the US. Many commercial or ideological advocates make claims, sometimes with health as a primary goal, but often accompanied by commercial or ideological interests. These compete culturally with authoritative recommendations made by publicly funded groups. For public policy concerning diet and health to be legitimate, not only should it not be inconsistent with the scientific evidence, but also it should not be inconsistent with the (...) political environment. Healthy Eating Policy and Political Philosophy (HEPPP), by Barnhill and Bonotti (2022), addresses how policy in this complex area might be justified. In the present essay I highlight some important strengths of their work and also make some points about how it might be clarified or enlarged in scope. The great strength of HEPPP is that it emphasizes the role of a political philosophy in evaluating the legitimacy of public policy. They presume a well-off liberal democratic state, and specifically they draw on Rawls’ political liberalism, as developed in Political Liberalism (PL). One of several interlocking technical concepts developed in this book, public reason speaks to the boundaries of what should be acceptable in public deliberation about constitutional essentials and basic justice. HEPPP explores the application of an extension of public reason to the justification of policies related to “healthy eating.“ Public reason has two components, both of which pertain to a common understanding among citizens: (1) a common understanding of the principles and ideals that are the foundation of the political society, and (2) a common understanding of the standards that govern reason and evidence, including common sense. HEPPP argues that even though for diet and health the complexity of the scientific evidence goes far beyond anything like common sense for a typical citizen, the technical idea of “accessibility” of the scientific evidence justifies reliance on it within the concept of public reason. I question this accessibility argument about scientific evidence and public reason because the nature of the population-level epidemiological evidence about diet and health is that it often includes judgments that are based on arguable interpretations, framing incidence in terms of risk and prevention; thus the issue is more than one of potential accessibility of scientific evidence. Nevertheless, evaluation and consideration of the scientific evidence is of obvious practical importance in policy deliberation concerning policy related to what Rawls call “ordinary legislation.“ Even though public reason applied to healthy eating policy may not be as pertinent as it is for constitutional essentials and basic justice, and even though it is unlikely to result in a “correct outcome,“ invoking reasons based on political values and principles held in common has important value even in these deliberations about more ordinary questions. That value applies not to the specifics of the particular issue, but to the larger context for the particular policy being deliberated, as a potential contribution to an overlapping consensus that is stable for the right reasons. If this vision of political liberalism were achieved, then contentious debate about health eating policy and its scientific basis could occur within that context and be resolved within the basic political structure. Because public health and political liberalism have a common concern for a good at the population level, they have an underlying affinity. Healthy eating policies could be evaluated in two not-unrelated ways: based on their instrumental contribution to the good of the public body of citizens as population-level health, and according to their stabilizing contribution to an overlapping consensus among citizens. In this latter way a policy would contribute to a conditional integral common good a la Sulmasy, one that has the prospect of conditioning a political system, and by doing so create the conditions of the possibility of a constitutive integral common good that is constituted on the right reasons for allegiance to an overlapping consensus. To conclude with reference to HEPPP, public reason may play an important function with respect to the political common good, even as debates about the weight and meaning of scientific evidence from epidemiology play out in deliberation of ordinary legislation concerning healthy eating. (shrink)

n this paper, I analyse Rahel Jaeggi’s socio-ontological account of forms of life. I show that her framework is a two-sided one, since it involves an understanding of forms of life both as inert bundles of practices and as having a normative structure. Here I argue that this approach is based on an a priori argument which assumes normativity as the condition of intelligibility of social criticism. I show that the intimate tension between these two sides is reflected in the (...) socio-ontological model of the constitution of social phenomena, which on the one side is understood in terms of habituation and materialization, and on the other side in terms of constitution through norms. The second side in the end prevails and leads to some sort of normative essentialism which involves a prescriptive meta-theoretical understanding of normativity combined with a socio-ontological model of constitutive rules. I then analyse two arguments that Jaeggi offers in support of her assumption that normative constitution is the deep structure of social practices. I name these the functional- teleological argument, and the crisis developmental argument, and argue that neither succeeds in proving that practices are not normatively underdetermined. (shrink)

ABSTRACT In this paper, I analyse Rahel Jaeggi’s socio-ontological account of forms of life. I show that her framework is a two-sided one, since it involves an understanding of forms of life both as inert bundles of practices and as having a normative structure. Here I argue that this approach is based on an a priori argument which assumes normativity as the condition of intelligibility of social criticism. I show that the intimate tension between these two sides is reflected in (...) the socio-ontological model of the constitution of social phenomena, which on the one side is understood in terms of habituation and materialization, and on the other side in terms of constitution through norms. The second side in the end prevails and leads to some sort of normative essentialism which involves a prescriptive meta-theoretical understanding of normativity combined with a socio-ontological model of constitutive rules. I then analyse two arguments that Jaeggi offers in support of her assumption that normative constitution is the deep structure of social practices. I name these the functional-teleological argument, and the crisis developmental argument, and argue that neither succeeds in proving that practices are not normatively underdetermined. (shrink)