There are puzzle cases that forfeiture theory has trouble handling, such as the issue of what happens to the rights of two qualitatively identical people who simultaneously launch unprovoked attacks against the other. Each person either has or lacks the right to defend against the other. If one attacker has the right, then the other does not and vice versa. Yet the two are qualitatively identical so it is impossible for one to have the right if the other does not. (...) The Problem of Symmetrical Attackers is a problem for non-consequentialism because the most plausible non-consequentialist theories assume that people have rights and can lose them by forfeiting them or waiving them. This article considers whether consequentialism can get around this problem. (shrink)

This paper argues that promises are proposals in joint practical deliberation, the activity of deciding together what to do. More precisely: to promise to ϕ is to propose (in a particular way) to decide together with your addressee(s) that you will ϕ. I defend this deliberative theory by showing that the activity of joint practical deliberation naturally gives rise to a speech act with exactly the same properties as promises. A certain kind of proposal to make a joint decision regarding (...) one's own actions turns out to have the very same normative effects, under the very same conditions, as a promise. I submit that this cannot be a coincidence: we should conclude that promises and the relevant kind of proposals in joint practical deliberation are one and the same. (shrink)

John Rawls's account of Kantian constructivism is perhaps his most striking contribution to ethics. In this paper, I examine the relation between Rawls's constructivism and its foundation in Kantian intuitions. In particular, I focus on the progressive influence on Rawls's approach of the Kantian intuition that the substance of morality is best understood as constructed by free and equal people under fair conditions. Rawls's focus on this Kantian intuition, I argue, motivates the focus on social contract that grounds both his (...) accounts of the original position and of reflective equilibrium. Critics, including Onora O'Neill and Larry Krasnoff, object that Rawls's view distorts various aspects of Kantian moral reasoning. I argue that these objections (i) exaggerate the distinctions between Kant's and Rawls's decision procedures and (ii) reflect an unnecessarily constricted view of Kant's moral thought. (shrink)

ABSTRACTThis paper is concerned with the reasons for the emergence and dominance of analytic philosophy in America. It closely examines the contents of, and changing editors at, The Philosophical Review, and provides a perspective on the contents of other leading philosophy journals. It suggests that analytic philosophy emerged prior to the 1950s in an environment characterized by a rich diversity of approaches to philosophy and that it came to dominate American philosophy at least in part due to its effective promotion (...) by The Philosophical Review’s editors. Our picture of mid-twentieth-century American philosophy is different from existing ones, including those according to which the prominence of analytic philosophy in America was basically a matter of the natural affinity between American philosophy and analytic philosophy and those according to which the political climate at the time was hostile towards non-analytic approaches. Furthermore, our reconstruction suggests a new perspective on the nature of 1950s analytic philosophy. (shrink)

The normativity of meaning—introduced by Kripke in 1982, and the subject of active debate since the early 1990s—has been exclusively understood in terms of duty-imposing norms. But there are norms of another type, well-known within the philosophy of law: authority-conferring norms. Philosophers thinking and writing about the normativity of meaning—normativists, anti-normativists, and even Kripke himself—seem to have failed to consider the possibility that semantic norms are authority-conferring. I argue that semantic norms should be understood as having an authority-conferring structure, and (...) show how this allows normativism about meaning to escape the two most popular arguments against it. (shrink)

Ratio Juris, Volume 34, Issue 4, Page 331-355, December 2021.

This paper presents a series of arguments aimed at showing that, for an important subclass of social rules—non‐summary rules—no adequate metaphysical account has been given, and it tentatively suggests that no such account can be given. The category of non‐summary rules is an important one, as it includes the rules of etiquette, fashion, chess, basketball, California state law, descriptive English grammar, and so on. This paper begins with behavioristic accounts of the conditions for the existence of such rules, and proceeds (...) through progressively more complex accounts, all the way to what are labeled ‘normative attitude accounts,’ which are prima facie plausible and particularly popular. In each case it is argued that the type of account under consideration cannot explain the existence of the relevant type of social rule. (shrink)

Though legal positivism remains popular, HLA Hart’s version has fallen somewhat by the wayside. This is because, according to many, the central task of a theory of law is to explain the so-called ‘normativity of law’. Hart’s theory, it is thought, is not up to the task. Some have suggested modifying the theory accordingly. This paper argues that both Hart’s theory and the normativity of law have been misunderstood. First, a popular modification of Hart’s theory is considered and rejected. It (...) stems from a misunderstanding of Hart and his project. Second, a new understanding of the mysterious but often-mentioned ‘normativity of law’ is presented. Once we have dispelled some misunderstandings of Hart’s view and clarified the sense in which law is supposed to be normative, we see that Hart’s view, unmodified, is well suited to the task of explaining law’s normativity. (shrink)

Using a framework from recent metaphysics and philosophy of science, according to which we have two concepts of cause, producer and necessary condition, we investigate causal notions in Antiphon’s Second Tetralogy, which concerns the unintentional homicide of a boy by a javelin-throwing youth. The prosecution maintains that the youth, having produced the boy’s death, is legally responsible; the defense argues, first, that the youth is patient, not agent, of a missing-the-target, and second, that the boy’s death depends on his running (...) into the javelin’s path, so that identifying the cause requires evaluating the contrasts implicit in any causal claim. (shrink)

In this paper, I focus on the idea that language is a rule‐constituted and rule‐governed practice. This notion has been criticised recently. It has been claimed that, even if linguistic meaning is determined by rules, these rules are not genuinely normative because they do not govern actions within the practice by themselves. It has been emphasised that one needs to consent (e.g., has relevant intention or desire) to be a part of that practice. First, I distinguish between two issues: (1) (...) How do rules come to life? (and the answer to that question is by enactment or communal acceptance), and (2) does being assessed by the standards set by the rules require some form of consent for one's actions to be evaluated by these standards? Then, I demonstrate how, by introducing the notion of “default normativity”, one can defend the idea that there are normative practices that are constituted and governed by rules and that language is one of them. (shrink)

We have taken a look at the rules of games in order to acquire some knowledge concerning constitutive rules and, probably, institutional phenomena in general. In this paper we tried to elaborate a system account of constitutive rules. We claim that all accounts that put emphasis on the form of rules are vulnerable. It appears that constitutive rules are interconnected and always form a system that can be internally differentiated. Thanks to adopting certain qualitative criterion we were able to distinguish (...) central and peripheral constitutive rules. Moreover, that very account makes it possible to distinguish between different types of practices that are determined by types of systems of rules. Secondly, it appears there are three “layers” of games that should not be confused: deep conventions, constitutive rules that establish the game and determine games’ identities, and “rules of efficiency” that are some sort of recommendations as to how to play well. (shrink)

This paper is an attempt to examine Mattias Kiesselbach’s account of the thesis that meaning is normative that was presented in his recently published article titled “The normativity of meaning: from constitutive norms to prescriptions.” Kiesselbach’s account has three crucial points: the applicability of norms, the transtemporal character of the constitutive norms and commitments incurred by or attributed to the speaker within the scorekeeping practice. I will discuss all these crucial points, and I will argue that his account raises many (...) questions and the anti-prescriptivist about meaning can have reasonable doubts about all of them. (shrink)

I explore some interpretations of the practice of international market reliance that forms the focus of Aaron James' book, and I wonder how our actual practices help to settle what we should go on to do now.

Negotiation and deliberation are two context types or genres of discourse widely studied in the argumentation literature. Within the pragma-dialectical framework, they have been characterised in terms of the conventions constraining the use of argumentative discourse in each of them. Thanks to these descriptions, it has become possible to analyse the arguers’ strategic manoeuvres and carry out more systematic, context-sensitive evaluations of argumentative discussions. However, one issue that still must be addressed in the pragma-dialectical theory—and other contextual approaches to argumentation—is (...) how to distinguish negotiation and deliberation in practice. In this paper, I seek to develop criteria that can help the analyst identify them in discourse. To this end, I characterise the felicity conditions of the superordinate speech acts defining and structuring deliberation and negotiation encounters. (shrink)

Moral theories often issue general principles that explain our moral judgments in terms of underlying moral considerations. But it is unclear whether the general principles have an explanatory role beyond the underlying moral considerations. In order to avoid the redundancy of their principles, two-level theories issue principles that appear to generalize beyond the considerations that ground them. In doing so, the principles appear to overgeneralize. The problem is conspicuous in the case of contractualism, which proposes that moral principles are grounded (...) in generic reasons that operate in only a subset of the cases covered by the relevant principle. Arguments that motivate the use of generic reasons on the basis of guidance, institutional necessity, or fairness are unsatisfactory. But the generality of moral principles can be justified in terms of the idea of a generic interest, which is an interest that all occupants of a standpoint have in virtue of what occupants of the standpoint as such typically take an interest in. The notion of a generic interest therefore acknowledges a distinction between having and taking an interest, and its use in moral theory is a way of giving expression to the significance of autonomy. This is reminiscent of the idea of a normative power; but the idea of a generic interest is less expensive and makes better sense of the way in which autonomy features in our moral lives. (shrink)

In this paper I use the concept of forbidden knowledge to explore questions about putting limits on science. Science has generally been understood to seek and produce objective truth, and this understanding of science has grounded its claim to freedom of inquiry. What happens to decision making about science when this claim to objective, disinterested truth is rejected? There are two changes that must be made to update the idea of forbidden knowledge for modern science. The first is to shift (...) from presuming that decisions to constrain or even forbid knowledge can be made from a position of omniscience (perfect knowledge) to recognizing that such decisions made by human beings are made from a position of limited or partial knowledge. The second is to reject the idea that knowledge is objective and disinterested and accept that knowledge (even scientific knowledge) is interested. In particular, choices about what knowledge gets created are normative, value choices. When these two changes are made to the idea of forbidden knowledge, questions about limiting or forbidding lines of inquiry are shown to distract attention from the more important matters of who makes and how decisions are made about what knowledge is produced. Much more attention should be focused on choosing directions in science, and as this is done, the matter of whether constraints should be placed on science will fall into place. (shrink)

In this paper, we outline a new method for evaluating the human impact of machine-learning applications. In partnership with Underwriters Laboratories Inc., we have developed a framework to evaluate the impacts of a particular use of machine learning that is based on the goals and values of the domain in which that application is deployed. By examining the use of artificial intelligence in particular domains, such as journalism, criminal justice, or law, we can develop more nuanced and practically relevant understandings (...) of key ethical guidelines for artificial intelligence. By decoupling the extraction of the facts of the matter from the evaluation of the impact of the resulting systems, we create a framework for the process of assessing impact that has two distinctly different phases. (shrink)

This article discusses the claim made by Kierkegaard in Fear and Trembling that the story of Abraham involves a ?teleological suspension of the ethical?. It tries to show that this claim is intelligible and plausible when considered within the context of a philosophical position which views morality as a system of duties.

Extant business ethics literature available for application to international business demonstrates some variety but no comprehensive principles. While the domains of both international business and business ethics are expanding, they are also becoming increasingly divergent. At the same time, the primacy accorded to the multinational enterprise in both fields ignores the socio-cultural and political embeddedness of economic activities, and multiple agencies in international business (individuals, firms, nations, etc.). Some international business theorists have offered the view that international exchange should be (...) the central building block for theories on international business. In this paper, it is argued that international exchange could be the fundamental unit of analysis for international business ethics as well. The potentially unifying features of exchange norms and ethical principles leads the author to develop some core exchange ethics principles that are tested on three recent international business practices. (shrink)

What are rules? In this paper I develop a view of regulative rules which takes them to be a distinctive normative kind occupying a middle ground between orders and normative truths. The paradigmatic cases of regulative rules that I’m interested in are social rules like rules of etiquette and legal rules like traffic rules. On the view I’ll propose, a rule is a general normative content that is in force due to human activity: enactment by an authority or acceptance by (...) a community. Rules are unlike orders in being not necessarily communicative, not an expression’s of the giver’s will, not evaluable for sincerity, and in that they have propositional content. And they’re unlike normative truths in that they’re themselves not even truth-evaluable (though their contents are). This is because rules qua things that are in force are not like constatives which have a mind to world direction of fit, but more like performatives. Furthermore, they differ from normative truths in that their normativity is isolated from their background justification and is therefore not dependent on contributory notions like reasons coming together in a weighing explanation. As such, they occupy a middle ground between orders and normative truths, much like in H. L. A. Hart’s opinion law occupies a middle ground between “coercion” and “morality” (Hart 1961/1994). I also illustrate the virtues of this understanding of rules by showing how proper appreciation of how they differ from normative truths helps us defuse a common objection to Hart’s practice theory of rules. (shrink)

Moral nihilists need an answer: if moral discourse is fatally flawed, how are we to proceed? A popular option is fictionalism, to uphold the flawed discourse in the mode of a fiction. My thesis is that fictionalism is not the best available answer to the nihilist; a better one is revisionism, the proposal to refashion the discourse so as to cure it of all flaws. Should it be possible to revise the discredited practice, by removing what is erroneous while keeping (...) what is beneficial, the twisted allegiance to the original practice already recognized as flawed which characterizes fictionalism becomes entirely moot. Fictionalism fully worked out, I argue in this paper, is going to lead us to the very doorsteps of revisionism. (shrink)

This article details the degree to which the ideal of punishment proportional to desert forces changes in how we think of deontological morality. More specifically, the proportionality ideal forces us to abandon the simple, text-like view of deontological moral norms, and it forces us to acknowledge that those norms are not uniformly categorical in their force.

Discussions of the morality of capital punishment, and indeed discussions of the morality of punishment in general, usually assume that there are two possible justifications of punishment, a deterrence justification associated with utilitarianism and other consequentialist moral theories, and a retributive justification associated with deontological moral theories. But now that rights-based theories are attracting the increasing attention of moral philosophers it is worth asking whether these theories may not employ a different justification of punishment, with different consequences for the morality (...) of particular forms of punishment. I will argue that rights theories do employ a different justification of punishment, and that this justification combines many of the attractive features of the deterrence and retributive justifications while avoiding their unattractive features. In particular, I will argue that the rights-based justification has more attractive consequences for the morality of capital punishment than either the deterrence or retributive justifications. (shrink)

Coordination problems, problems in which each agent's expected utility depends upon what other agents do, pose a problem for act utilitarianism. When the agents are act utilitarians and know of each other that they are so, they seem unable to achieve optimal outcomes in certain coordination problems. I examine various ways the act utilitarian might attempt to solve this problem, where act utilitarianism is interpreted within the framework of subjective expected utility theory. In particular, a new method for computing expected (...) utility,dynamic deliberation, deserves examination as a possible act utilitarian solution to coordination problems. I argue that even dynamic deliberation fails to give the act utilitarian what he needs in coordination problems, and that the failure of act utilitarianism for such problems suggests the need for an alternative theory of moral choice along rule utilitarian lines. (shrink)

We introduce a solution concept for cooperative games with transferable utility and a coalition structure that is proportional for two-player games. Our value is obtained from generalizing a proportional value for cooperative games with transferable utility in a way that parallels the extension of the Shapley value to the Owen value. We provide two characterizations of our solution concept, one that employs a property that can be seen as the proportional analog to Myerson’s balanced contribution property; and a second one (...) that relies on a consistency property. (shrink)

The dispute over professional conscientious objection presumes a picture of medicine as a practice governed by rules. This rule-based conception of medical practice is identifiable with John Rawls’s conception of social practices. This conception does not capture the character of medical practice as experienced by practitioners, for whom it is a sensibility or “form of life” rather than rules. Moreover, the sensibility of medical practice as experienced by physicians is at best neutral, and at worst hostile, to the demands of (...) those who would override physician conscientious objection to the provision of currently contested services. That being so, calls for overriding physician conscientious objection are much more demanding of the medical profession than they appear in light of Rawls’s view. As such overriding may entail the forcible transformation of medicine’s form of life, the author contends that it would be more prudent to provide contested services by circumventing the medical profession than by compelling it. (shrink)

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)

Benefit/cost analysis is a technique for evaluating programs, procedures, and actions; it is not a moral theory. There is significant controversy over the moral justification of benefit/cost analysis. When a procedure for evaluating social policy is challenged on moral grounds, defenders frequently seek a justification by construing the procedure as the practical embodiment of a correct moral theory. This has the apparent advantage of avoiding difficult empirical questions concerning such matters as the consequences of using the procedure. So, for example, (...) defenders of benefit/cost analysis (BCA) are frequently tempted to argue that this procedurejust isthe calculation of moral Tightness – perhaps that what itmeansfor an action to be morally right is just for it to have the best benefit-to-cost ratio given the accounts of “benefit” and “cost” that BCA employs. They suggest, in defense of BCA, that they have found the moral calculus – Bentham's “unabashed arithmetic of morals.” To defend BCA in this manner is to commit oneself to one member of a family of moral theories (let us call thembenefit/cost moral theoriesorB/C moral theories) and, also, to the view that if a procedure is (so to speak) the direct implementation of a correct moral theory, then it is a justified procedure. Neither of these commitments is desirable, and so the temptation to justify BCA by direct appeal to a B/C moral theory should be resisted; it constitutes an unwarranted short cut to moral foundations – in this case, an unsound foundation. Critics of BCA are quick to point out the flaws of B/C moral theories, and to conclude that these undermine the justification of BCA. But the failure to justify BCA by a direct appeal to B/C moral theory does not show that the technique is unjustified. There is hope for BCA, even if it does not lie with B/C moral theory. (shrink)

Chad Flanders has argued that retributivism is inconsistent with John Rawls’s core notion of public reason, which sets out those considerations on which legitimate exercises of state power can be based. Flanders asserts that retributivism is grounded in claims about which people can reasonably disagree and are thus not suitable grounds for public policy. This essay contends that Rawls’s notion of public reason does not provide a basis for rejecting retributivist justifications of punishment. I argue that Flanders’s interpretation of public (...) reason is too exclusionary: on it, public reason would rule out any prominent rationale for punishment. On what I contend is a better interpretation of public reason, whether retributivism would be ruled out as a rationale for punishment depends on whether a retributivist account can be constructed from shared political commitments in a liberal democracy. Some prominent versions of retributivism meet this requirement and so are consistent with public reason. (shrink)

Chad Flanders has argued that retributivism is inconsistent with John Rawls’s core notion of public reason, which sets out those considerations on which legitimate exercises of state power can be based. Flanders asserts that retributivism is grounded in claims about which people can reasonably disagree and are thus not suitable grounds for public policy. This essay contends that Rawls’s notion of public reason does not provide a basis for rejecting retributivist justifications of punishment. I argue that Flanders’s interpretation of public (...) reason is too exclusionary: on it, public reason would rule out any prominent rationale for punishment. On what I contend is a better interpretation of public reason, whether retributivism would be ruled out as a rationale for punishment depends on whether a retributivist account can be constructed from shared political commitments in a liberal democracy. Some prominent versions of retributivism meet this requirement and so are consistent with public reason. (shrink)

Strawson contends that the proper subject matter of a theory of meaning includes what is meant on an occasion of utterance. If his contention is correct, it rules out a recent proposal that Davidsonian semantic theory should limit its scope so that it does not capture the extension of what is meant or what is said. In this paper, I reject Strawson's arguments for his contention. Despite the persuasive ring of his claim that the essential character of linguistic rules is (...) that they are rules for communicating, his case remains unproven. (shrink)

It is a commonplace within philosophy that the ontology of institutions can be captured in terms of constitutive rules. What exactly such rules are, however, is not well understood. They are usually contrasted to regulative rules: constitutive rules (such as the rules of chess) make institutional actions possible, whereas regulative rules (such as the rules of etiquette) pertain to actions that can be performed independently of such rules. Some, however, maintain that the distinction between regulative and constitutive rules is merely (...) a linguistic one. In this paper I present the status account of constitutive rules in order to address this criticism. According to the status account constitutive rules pertain to institutional statuses and statuses are to be understood in terms of status rules. Status rules concern the enabling and constraining roles of institutions, and constitutive rules specify the preconditions that have to be met in order for them to play these roles. Even though I end up endorsing the claim that the distinction mentioned is a linguistic one, I go on to argue that there is an underlying reality that constitutive rules serve to make apparent. (shrink)

Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection asserts (...) that, in attempting to entrap, law-enforcement agents lapse into a form of practical incoherence that involves the attempt simultaneously to pursue contrary ends. We then argue that the objection, in this form, encompasses all cases of legal entrapment only if it is supplemented by appeal to the premise that law-enforcement agents have an absolute duty never to create crimes. (shrink)

The explanation of promising is fraught with problems. In particular the problem that promises can be valid even when nothing good comes of keeping the promise (the problem of ‘bare wrongings’), and the bootstrapping problem with explaining how the mere intention to put oneself under an obligation can create such an obligation have been recognized since Hume’s famous discussion of the topic. There are two influential accounts of promising, and promissory obligation, which attempt to solve the problems: The expectation account (...) and the practice account. While those accounts solve both the bootstrapping problem and the problem of bare wrongings, it turns out that they encounter numerous problems of their own. (shrink)

The explanation of promising is fraught with problems. In particular the problem that promises can be valid even when nothing good comes of keeping the promise (the problem of ‘bare wrongings’), and the bootstrapping problem with explaining how the mere intention to put oneself under an obligation can create such an obligation have been recognized since Hume’s famous discussion of the topic. There are two influential accounts of promising, and promissory obligation, which attempt to solve the problems: The expectation account (...) and the practice account. While those accounts solve both the bootstrapping problem and the problem of bare wrongings, it turns out that they encounter numerous problems of their own. (shrink)

This paper pursues a naturalist endeavor in social ontology by arguing that the Beliefs-Rules-Equilibrium account of institutions can help to advance the debate over the nature of social kinds. This account of institutions emerges from a growing number of works in economics that use game theory to study the role and the functioning of institutions in human societies. I intend to show how recent developments in the economic analysis of rules and institutions can help solve issues that are generally considered (...) constitutive of any ontological inquiry. I argue that the Beliefs-Rules-Equilibrium account of institutions can contribute to advancing the debate on an issue of particular importance, regarding the specific form of dependence characterizing the relation between institutions and individuals’ attitudes about them. I tackle this issue by taking Francesco Guala's claims about the nature of institutions made in his book “Understanding Institutions” as a point of departure. In particular, I reject Guala’s functionalism about institutions. On the basis of the Beliefs-Rules-Equilibrium account, I claim that it is futile to search for constitutive features of general institutions (money, property rights, family…) and that the best we can have is a knowledge of what are the rules within a specific institution, which the agents consider to be essential in their institutional practice. (shrink)

:Most game-theoretic accounts of institutions reduce institutions to behavioural patterns the players are incentivized to implement. An alternative account linking institutions to rule-following behaviour in a game-theoretic framework is developed on the basis of David Lewis’s and Ludwig Wittgenstein's respective accounts of conventions and language games. Institutions are formalized as epistemic games where the players share some forms of practical reasoning. An institution is a rule-governed game satisfying three conditions: common understanding, minimal awareness and minimal practical rationality. Common understanding has (...) a strong similarity with Ludwig Wittgenstein's concept of lebensform while minimal awareness and minimal practical rationality capture the idea that rule-following is community-based. (shrink)

This paper provides a conceptual exploration of the implication of Jeffrey’s rule of belief revision to account for rule-following behavior in a game-theoretic framework. Jeffrey’s rule reflects the fact that in many cases learning something new does not imply that one has full assurance about the true content of the information. In other words, the same information may be both perceived and interpreted in several different ways. I develop an account of rule-following behavior according to which, in the context of (...) strategic interactions, following a rule is defined by two conditions. First, that agents must frame the interaction in a sufficiently similar way and be aware of the same salient properties, i.e. they must have the same partition of the event. Second, they must ascribe to others the same revised probabilities to what they take to be the common partition. In a game-theoretic framework, this also indicates that rule-following behavior cannot be identified merely to the existence of a common prior. (shrink)

This paper provides an account of social practices that reveals how they are constitutive of social agency, enable coordination around things of value, and are a site for social intervention. The social world, on this account, does not begin when psychologically sophisticated individuals interact to share knowledge or make plans. Instead, culture shapes agents to interpret and respond both to each other and the physical world around us. Practices shape us as we shape them. This provides resources for understanding why (...) social practices tend to be stable, but also reveals sites and opportunities for change. (shrink)

This article advances two views on the role of evaluative judgment in clinical assessments of decision-making capacity. The first is that it is rationally impossible for such assessments to exclude judgments of the values a patient uses to motivate their decision-making. Predictably, and second, attempting to exclude such judgments sometimes yields outcomes that contain intractable dilemmas that harm patients. These arguments count against the prevailing model of assessment in common law countries—the four abilities model—which is often incorrectly advertised as being (...) value-neutral in respect of patient decision-making both by its proponents and in statute. A straightforward evaluative model of capacity assessment which wears its values on its sleeves and is biased against what are called ‘serious prudential mistakes’ avoids these rational and practical problems. (shrink)

Racism, sexism, and other forms of injustice are more than just bad attitudes; after all, such injustice involves unfair distributions of goods and resources. But attitudes play a role. How central is that role? Tommie Shelby, among others, argues that racism is an ideology and takes a cognitivist approach suggesting that ideologies consist in false beliefs that arise out of and serve pernicious social conditions. In this paper I argue that racism is better understood as a set of practices, attitudes, (...) social meanings, and material conditions, that systematically reinforce one another. Attitudes play a role, but even the cognitive/affective component of ideologies should include culturally shared habits of mind and action. These habits of mind distort, obscure, and occlude important facts about subordinated groups and result in a failure to recognize their interests. How do we disrupt such practices to achieve greater justice? I argue that this is sometimes, but not always, best achieved by argument or challenging false beliefs, so social movements legitimately seek other means. (shrink)