En este trabajo, analizo críticamente la tesis de Nino según la cual el valor epistémico de la democracia soluciona la paradoja de la superfluidad del derecho. En este sentido, examino dos cuestiones. Primero, si el valor epistémico de la democracia es una razón para creer que tenemos razones para actuar de conformidad con las leyes democráticas. Segundo, si el valor epistémico de la democracia es una razón para actuar de conformidad con las leyes democráticas independientemente de los méritos del caso (...) y, en su caso, si ello explica adecuadamente la normatividad del derecho. In this paper I critically analyse Nino’s thesis according to which the epistemic value of democracy solves the paradox of the superfluousness of law. In this regard, I address two issues. First, if the epistemic value of democracy is a reason to believe that we have reasons to act in conformity with democratic laws. Second, if the epistemic value of democracy is a reason to act in conformity with democratic laws independently of the merits of the case and, in that case, if that can adequately explain the normativity of law. (shrink)

Rawls scholarship has not paid much attention to Rawls's early methodological writings so far, pretty much focusing on thereflective equilibrium(RE) which he is understood to have adopted inA Theory of Justice. Nelson Goodman's coherence-theoretical formulations concerning the justification of inductive logic inFact, Fiction and Forecasthave been suggested as the source of the RE. Following Rawls's methodological development in his early works, we shall challenge both these views. Our analysis reveals that the basic elements of RE can be located in his (...) ‘Two Concepts of Rules’ essay. We shall further show that the origins of RE go all the way back to Aristotle's methods of ethics, as RE accords with the methodology entitledsaving the appearances(SA) in recent Aristotle scholarship. (shrink)

How can reasons explain actions? What is the force of "because" in "He did this because..." followed by a statement of the agent's intentions? The answer involves some concept of what can count as explanation, and the history of science indicates that the acceptability of explanations depends, in part, on a scientific community which has decided to pursue its inquiries in one direction rather than another. The first part of this paper examines this pragmatic aspect of explanations; the second part (...) draws on this examination in the hope of elucidating the way reasons explain actions. The possibility of eliminating our ordinary, "purposive," explanations of actions in favor of some "mechanistic," neuro-physiological, account is then considered. (shrink)

Cognitive neuroenhancement involves the use of medical interventions to improve normal cognitive functioning such as memory, focus, concentration, or willpower. In this paper I give a Kantian argument defending the use of CNE in science, scholarly research, and creative fields. Kant’s universal law formulation of the categorical imperative shows why enhancement is morally wrong in the familiar contexts of sports or competitive games. This argument, however, does not apply to the use of CNE in higher education, scholarly or scientific research, (...) or creative endeavors such as visual art, fiction or poetry, or musical composition. This is because performance in these areas is embedded within practices that differ in morally significant ways from competitive practices. This important difference provides good reason to think that there is nothing morally wrong with the use of CNE in these areas. My approach is not simply to assume a full-fledged Kantian ethical theory and apply it straight away to the enhancement issue but to establish a reflective equilibrium between our moral intuitions, moral principles that support those intuitions, and the nature of the practices involved. (shrink)

There is a deep tension between liberalism and retributivism. On the face of it, one cannot coherently believe liberalism about the fundamental purpose of the state and retributivism about the basic end of legal punishment, given widely held and well-motivated or what I call ‘standard’ conceptions of these views. My aims in this article are to differentiate the types of conflict between liberalism and retributivism, to identify the strongest and most problematic type of conflict between them, to demonstrate that existing (...) strategies in the literature that might be invoked to resolve this conflict fail, and to present a new, conclusive way to resolve it. The solution lies in changing the standard conception of liberalism, which change, I argue, is warranted on independent grounds. Liberalism, up to now, has been conceived in a way that fails to best capture liberal intuitions. Upon improving our understanding of what liberal purposes essentially are, it becomes clear that retributive punishment is not merely logically consistent with them, but also partially constitutive of them. (shrink)

This article outlines the foundations of a nomos-observing theory of social justice, termed ‘rule egalitarianism’, that explains how the seemingly contradictory merger of classical liberalism and social justice is conceivable. The first step towards such a theory consists in ensuring that a concern for the rule of law is etched in the very core of our understanding of social justice, in which case some egalitarian rules will be acceptable from a classical liberal viewpoint. The legal framework of capitalism can indeed (...) be designed to reduce inequality in the name of justice inasmuch as any egalitarian goal is specified in terms of institutional rules. More precisely, rules in a liberal polity should be general and abstract, which will lead us to establish a distinction between four concepts of rules, namely between laws, regulations, statutes and decrees. Moreover, against the neoclassical liberal understanding of social justice, rule egalitarianism argues that having general and abstract rules of market capitalism imposes some constraints on any institutional framework so that social justice becomes necessary to correct the errors of imperfect generalisations, leaving some people behind. (shrink)

This paper investigates whether responsibility could be borne vicariously. I distinguish between three different senses of responsibility: attributional responsibility, practices of holding people responsible, and substantive responsibility. I argue that it is doubtful both whether attributional responsibility could be borne vicariously, and whether it could be appropriate to hold someone vicariously responsible. However, I suggest that substantive responsibility can genuinely be borne vicariously. Getting clear on these conceptual issues has important implications for how we approach more concrete legal and political (...) questions. More specifically, I argue these abstract arguments can be used to inform views on the common-law doctrine of joint enterprise, and on reparations for historic injustice. (shrink)

This article outlines the foundations of a nomos-observing theory of social justice, termed ‘rule egalitarianism’, that explains how the seemingly contradictory merger of classical liberalism and s...

This article indicates a new direction for business ethics, which Lon Fuller pioneered with his work on social architecture. “Eunomics”, as Fuller called it, is “the theory or study of good order and workable arrangements”. How should we appraise the effects of the various ways of organizing and running a corporation, for example, with regard to the different structures and basic plans it can espouse? We should reject the “doctrine of the infinite pliability of social arrangements”, as some forms of (...) organization are unsound. They cannot be implemented in a proper fashion given the boundaries and the rules of the market established. A theory of business eunomics explains why each kind of legal process, including managerial direction, is better suited for the pursuit of a limited number of ends, and thus why we should not force a single institution to solve all ethical problems. (shrink)

In Building Better Beings, Vargas develops and defends a naturalistic account of responsibility, whereby responsible agents must possess a feasibly situated capacity to detect and respond to moral considerations. As a preliminary step, he also offers a substantive account of how we might justify our practices of holding responsible—viz., by appeal to their efficacy in fostering a ‘valuable form of agency’ across the community at large, a form of agency that precisely encompasses sensitivity to moral considerations. But how do these (...) accounts relate to one another? Though I find much that is appealing in Vargas’s general approach, I challenge his insistence that these accounts should be treated as ‘conceptually independent’, arguing that this generates an objectionable “justification gap”: on his analysis, someone could remain an appropriate target of our responsibility practices and yet fail to be a morally responsible agent. In closing, I offer a potential solution to this problem, though it means re-visioning how the account of moral responsibility is conceptually tied to the justification of our responsibility practices. (shrink)

Abstract:The kind of commitment to moral rules that characterizes effective interaction between persons in among others places, manufacturing and commercial settings is characteristically treated by economists and game theorists as a public good, the securing of which requires the expenditure of scarce resources on surveillance and enforcement mechanisms. Alternatively put, the view is that, characteristically, rational persons cannot voluntarily guide their choices by rules, but can only be goaded into acting in accordance with such rules by the fear of social (...) and formal sanctions. On this way of thinking, rational individuals are condemned to having to settle for the “second-best” results that are thereby implied. This conclusion rests not only on an appeal to a consequentialist perspective, but also a separability principle. Against this, it is argued that consequentialism itself offers a basis for the rejection of the separability principle, and a defense of the thesis that, for a wide range of realistic cases, being disposed to voluntarily guide one’s choice by rules (on the condition that others can be expected to do so as well) is a necessary condition of engaging in rational interaction.Most people do not trust most other people, unmonitored, to honor obligations completely. Because of this they use substantial amounts of resources to specify the details of agreements, and to police them. Use of these resources … could be greatly reduced, if transacting parties would agree to honor the spirit of their agreement and simply shake hands. The resource saving to the two parties combined, from substituting this mode of “enforcing” agreements to those currently used, is clear. Why, then, does not this more efficient mode of transacting drive out the more costly methods through the normal competitive process? … The underlying rationale for this … is that it is privately profitable to engage in some degree of “cheating” on agreements, and to use resources to disguise this fact. — M. W. Reder, “The Place of Ethics in the Theory of Production”. (shrink)

Robert Veatch and others have questioned whether there are internal moral rules of medicine. This paper examines the legal regulatory model for governing professions as the autonomous exercise of professional skills and asks whether there is a theoretical basis for this model. Taking John Rawls’s distinction between the justification of a practice and justification of the rules internal to the practice, this paper argues that the autonomous exercise of professional skills is justified so long as it benefits society. In opposition (...) to Christopher Boorse, it is argued that medicine is pathocentric and that physicians exercise skills in treating pathologies. The autonomous treatmentof pathologies is justified because non-interference with physicians will lead to greater treatment of pathologies and so benefit society. Finally, the analysis of medicine as the autonomous exercise of skills in treating pathologies yields the rule that physicians not be forced to cause pathologies. (shrink)

According to an influential hypothesis, the speech act of assertion is subject to a single 'constitutive' rule, that takes the form: "One must: assert that p only if p has C". Scholars working on assertion interpret the assumption that this rule is 'constitutive' in different ways. This disagreement, often unacknowledged, threatens the foundations of the philosophical debate on assertion. This paper reviews different interpretations of the claim that assertion is governed by a constitutive rule. It argues that once we understand (...) the full import of assuming that assertion is governed by a constitutive rule, it becomes clear that some fundamental assumptions of the current debate are mistaken, and others unwarranted. (shrink)

The notion of rule utilitarianism (a twentieth-century addition to the canon of utilitarian thought) has been discussed under two main headings—ideal-rule utilitarianism and 'indirect' utilitarianism. The distinction between them is often hazy. But we can sketch out each perspective along three different dimensions, contrasting the two conceptions of rule utilitarianism at each of three main hinge points: (1) the grounding of rules, (2) the allowed complexity of rules, (3) the conflict of rules. These two profiles constitute ideal types, but they (...) help us see that we can regiment and focus utilitarian intuitions in two quite distinct ways. An interesting test case is provided by J.S. Mill. He has been associated with each of these perspectives (with a utilitarianism of ideal rules by R.B. Brandt and with indirect utilitarianism by John Gray), but careful attention to Mill's main arguments indicates, I believe, that he adheres to neither consistently, though he is closer to the indirect utilitarian position. (shrink)

Spirited disagreement exists among online auction participants over the ethics of sniping: delaying one's bid until the closing seconds of an online auction. Through analysis of the structural features of online auctions and by deploying Rawls's (1955) distinction between justifying an action under a practice and justifying the practice itself, I argue that: (i) the disagreement is better conceived as one over the ethics of online auction hosting (and therefore, over business ethics) than over the ethics of online auction participation; (...) (ii) so conceived, the argument against sniping is nonetheless implausible; and (iii) the disagreement remains interesting not on the merits, but for the curious fact that it is bidders who complain about sniping. (shrink)

En parlant des rapports entre la Nouvelle Rhétorique et la France, Pierre-André Taguieff décrivait la situation comme celle d'un rendez-vous manqué. En parlant des rapports entre la philosophie pérelmanienne et la philosophie anglo-saxonne, il faut surtout parler de rendez-vous clandestins. Car dans l'ensemble, ces rendez-vous divers sont d'autant plus évidents qu'ils témoignent sans doute de l'influence réelle d'une philosophie. D'une philosophie dont on retrouve, dans le milieu anglo-saxon, un «air de famille» mais sans que Chaïm Perelman ne soit expressément nommé.

The paper addresses a popular argument that accounts of assertion in terms of constitutive norms are incompatible with conventionalism about assertion. The argument appeals to an alleged modal asymmetry: constitutive rules are essential to the acts they characterize, and therefore the obligations they impose necessarily apply to every instance; conventions are arbitrary, and thus can only contingently regulate the practices they establish. The paper argues that this line of reasoning fails to establish any modal asymmetry, by invoking the distinction between (...) the non-discriminating existence across possible worlds of types of practices and institutions defined by constitutive rules, and the discriminating existence of those among them that are actually in force, and hence truly normative. The necessity of practices defined by constitutive rules that the argument relies on concerns the former, while conventionalist claims are only about the latter. The paper should thus contribute to get a better understanding of what social constructs conceived as defined by constitutive norms are. It concludes by suggesting considerations that are relevant to deciding whether assertion is in fact conventional. (shrink)

In the small but growing literature on the philosophy of country music, the question of how we ought to understand the genre’s notion of authenticity has emerged as one of the central questions. Many country music scholars argue that authenticity claims track attributions of cultural standing or artistic self-expression. However, careful attention to the history of the genre reveals that these claims are simply factually wrong. On the basis of this, we have grounds for dismissing these attributions. Here, I argue (...) for an alternative model of authenticity in which we take claims about the relative authenticity of country music to be evidence of ‘country’ being a dual character concept in the same way that it has been suggested of punk rock and hip-hop. Authentic country music is country music that embodies the core value commitments of the genre. These values form the basis of country artists’ and audiences’ practical identities. Part of country music’s aesthetic practice is that audiences reconnect with, reify, and revise this common practical identity through identification with artists and works that manifest these values. We should then think of authenticity discourse within country music as a kind of game within the genre’s practice of shaping and maintaining this practical identity. (shrink)

It is plausible that there are epistemic reasons bearing on a distinctively epistemic standard of correctness for belief. It is also plausible that there are a range of practical reasons bearing on what to believe. These theses are often thought to be in tension with each other. Most significantly for our purposes, it is obscure how epistemic reasons and practical reasons might interact in the explanation of what one ought to believe. We draw an analogy with a similar distinction between (...) types of reasons for actions in the context of activities. The analogy motivates a two-level account of the structure of normativity that explains the interaction of correctness-based and other reasons. This account relies upon a distinction between normative reasons and authoritatively normative reasons. Only the latter play the reasons role in explaining what state one ought to be in. All and only practical reasons are authoritative reasons. Hence, in one important sense, all reasons for belief are practical reasons. But this account also preserves the autonomy and importance of epistemic reasons. Given the importance of having true beliefs about the world, our epistemic standard typically plays a key role in many cases in explaining what we ought to believe. In addition to reconciling (versions of) evidentialism and pragmatism, this two-level account has implications for a range of important debates in normative theory, including the interaction of right and wrong reasons for actions and other attitudes, the significance of reasons in understanding normativity and authoritative normativity, the distinction between ‘formal’ and ‘substantive’ normativity, and whether there is a unified source of authoritative normativity. (shrink)

There is a recurrent sort of skeptical character in philosophical debates who believes that some social practice must be abolished because it involves a false presupposition about how things ‘really’ are. I examine this style of skeptical argument, using the moral responsibility skeptic as my main illustration. I excavate two unstated and un-argued for premises that it requires (which I call Undistorted Truth and Privileged Conception). This exposes the full extent of the argumentative burdens that such a skeptic must discharge. (...) I aim to make progress by offering skeptics and anti-skeptics alike a way forward: the skeptic is provided a clear agenda, while the anti-skeptic is provided a diagnostic tool to assess this style of skeptical arguments at key junctures. (shrink)

This article examines the character of Scanlon’s contractualism as presented in What We Owe to Each Other . I offer a range of reasons for thinking of Scanlon’s contractualism as a species of natural rights theorizing. I argue that to affirm the principle that actions are wrongful if and only if they are disallowed by principles that people could not reasonably reject is equivalent to affirming a natural right (of an admittedly non-standard sort) against being subject to such reasonably disallowed (...) actions. I argue that Scanlon’s invocation of the value of human life can be seen as an attempted grounding for this principle that is akin to standard natural rights attempts to ground fundamental rights. Lastly, I argue that the invocation of the value of human life does not in fact well support the sort of requirement of justifiability to others that characterizes this contractualist variant on natural rights theorizing; if anything, it better supports the sort of ascriptions of rights characteristic of traditional natural rights theorizing. Key Words: contractualism • natural rights • justifiability to others • wrongfulness. (shrink)

Agent-regret seems to give rise to a philosophical puzzle. If we grant that we are not morally responsible for consequences outside our control (the ‘Standard View’), then agent-regret—which involves self-reproach and a desire to make amends for consequences outside one’s control—appears rationally indefensible. But despite its apparent indefensibility, agent-regret still seems like a reasonable response to bad moral luck. I argue here that the puzzle can be resolved if we appreciate the role that agent-regret plays in a larger social practice (...) that helps us deal with bad moral luck. That agent-regret is a component in a social practice limits the questions that we can reasonably ask about it. While we can ask whether an experience of agent-regret is rational given the norms of this practice, we cannot ask the question that motivates the puzzle of agent-regret, viz. whether agent-regret is rationally defensible according to the Standard View. (shrink)

The principle of utility is Bentham's basic test for morals and legislation. But there is room for doubting what that principle is supposed to say. I shall argue that one important element of modern utilitarian doctrines Cannot be found in Bentham's. Some aspects of his views will not be questioned here. He holds, for example, that acts should be appraised by their consequences alone. The effects that count are ‘pleasures’ and ‘pains’, that is, the effects upon human happiness, interest or (...) welfare. (shrink)

The principle of utility is Bentham's basic test for morals and legislation. But there is room for doubting what that principle is supposed to say. I shall argue that one important element of modern utilitarian doctrines Cannot be found in Bentham's.Some aspects of his views will not be questioned here. He holds, for example, that acts should be appraised by their consequences alone. The effects that count are ‘pleasures’ and ‘pains’, that is, the effects upon human happiness, interest or welfare.

Criminal punishment in the United States is dreadful, both in the sense that the legal system is riddled by myriad problems of justice and efficacy, and because the treatment of those captured in t...

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

Justice is a constant and perpetual will to give every man his due. The principles of law are these: to live virtuously, not to harm others, to give his due to everyone. Jurisprudence is the knowledge of divine and human things, the science of the just and the unjust. Law is the art of goodness and justice. By virtue of this [lawyers] may be called priests, for we cherish justice and profess knowledge or goodness and equity, separating right from wrong (...) and legal from the illegal. (shrink)

In Speech Acts, John Searle argues that institutional facts presuppose, for their existence, the existence of certain institutions (understood as systems of constitutive rules). In this paper I extend Searle’s theory of institutional facts arguing that a further level is needed for the investigation of the structure of institutional reality: the level of meta-institutional concepts. The meta-institutional concepts are concepts that go beyond (Greek: metá) the institutions of which they are conditions of possibility. An example of meta-institutional concept is the (...) concept of game. In a culture which does not have the concept of game, we could move the chess-men according to the rules of chess, we could also perform a castling, but it would be impossible to play chess. (shrink)

Since the middle of the last century, normative language has been much studied. In particular, the normative function performed by certain sentences and by certain speech acts has been investigated in depth. Still, the normative function performed by certain physical artifacts designed and built to regulate human behaviors has not yet been thoroughly investigated. We propose to call this specific type of artifacts with normative intent ‘deontic artifacts’. This article aims to investigate this normative phenomenon that is so widespread in (...) our daily reality, but so often forgotten by scholars of norms and normativity. (shrink)

In order to delimit the realm of social phenomena, sociologists refer implicitly or explicitly to a distinction between living human beings and other entities, that is, sociologists equate the social world with the world of living humans. This consensus has been questioned by only a few authors, such as Luckmann, and some scholars of science studies. According to these approaches, it would be ethnocentric to treat as self-evident the premise that only living human beings can be social actors. The methodological (...) consequence of such critique is a radical deanthropologization of sociological research. It must be considered an open question whether or not only living human can be social actors. The paper starts with a discussion of the methodological problems posed by such an analysis of the borders of the social world, and presents the results of an empirical analysis of these borders in the fields of intensive care and neurological rehabilitation. Within these fields it must be determined whether a body is a living human body or a symbol using human body. The analysis of these elementary border phenomena challenges basic sociological concepts. The relevant contemporary sociological theories refer to a dyadic constellation as the systematic starting point of their concept of sociality. The complex relationship between at least two entities is understood as the basis of the development of a novel order that functions as a mediating structure between the involved parties. Based upon empirical data, I argue that it is necessary to change this foundational assumption. Not the dyad but the triad must be understood as the foundational constellation. This implies a new understanding of the third actor, which is distinct from the concepts developed by Simmel and Berger and Luckmann. (shrink)

T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act is (...) permissible if and only if it can be justified to everyone affected by it. This contractualist thesis explains why it is always impermissible to frame an innocent person, why vicarious punishment is impermissible, and why there has to be a cap on sentences. Contractualism therefore allows us to take deterrence as a goal of punishment without the excess of utilitarianism. This paper further argue that the resulting view is superior to pure retributivism. Finally, it shows why legal excuses and mitigation can be justified in terms of the notion of negative desert. (For access to this paper: http://www.tandfonline.com/eprint/sJ2JBVXkztyFMGmxS7tS/full ) . (shrink)

Pereboom and Caruso propose the quarantine model as an alternative to existing models of criminal justice. They appeal to the established public health practice of quarantining people, which is believed to be effective and morally justified, to explain why -in criminal justice- it is also morally acceptable to detain wrongdoers, without assuming the existence of a retrospective moral responsibility. Wrongdoers in their model are treated as carriers of dangerous diseases and as such should be preventively detained (or rehabilitated) until they (...) no longer pose a threat to society. Our main concern in this paper is that Pereboom and Caruso adopt an idiosyncratic meaning of quarantine regulations. We highlight a set of important disanalogies between their quarantine model and the quarantine regulations currently adopted in public health policies. More specifically, we argue that the similarities that Pereboom and Caruso propose to substantiate their analogy are not consistent—despite what they claim—with the regulations underlying quarantine as an epidemiological process. We also notice that certain quarantine procedures adopted in public health systems are inadequate to deal with criminal behaviors. On these grounds, we conclude that Pereboom and Caruso should not appeal to the quarantine analogy to substantiate their view, unless they address the issues and criticism we raise in this paper. (shrink)

This paper extends the argument in H.L.A. Hart's 'Are there any natural rights?' to argue that there is an environmental moral right against pollution. This right is composed of a right against negligent, reckless or intentional risk imposition, together with the liberty to act in a way that does not negligently, recklessly or intentionally impose risks on others. This right is understood as overrideable or prima facie, and this paper does not claim that this right is the only basis of (...) moral judgment in the cases it considers. The hypothesis that there is a right against pollution does, however, explain some moral reasoning about pollution that otherwise is difficult to explain. (shrink)

Journal of Social Philosophy, EarlyView.

Journal of Social Philosophy, EarlyView.

Some contemporary philosophers maintain we lack the kind of free will that makes us morally responsible for our actions. Some of these philosophers, such as Derk Pereboom, Gregg Caruso, and Bruce Waller, also argue that such a view supports the case for significant reform of the penal system. Pereboom and Caruso explicitly endorse a quarantine model for dealing with dangerous criminals, arguing that while not responsible for their crimes such criminals should be detained in non-harsh conditions and offered the opportunity (...) for rehabilitation. Waller does not explicitly endorse the quarantine model, but his view is similar in significant respects. I argue that such views can too easily lead to the endorsement of legal policies which would result in more frequent punishment of innocent persons for crimes they have not committed. Thus, we should have deep moral reservations about such views. (shrink)

Many political philosophers argue that interference (or vulnerability to interference) threatens a person’s agency. And they cast political freedom in opposition to interpersonal threats to agency, as non-interference (or non-subjection). I argue that this approach relies on an inapt model of agency, crucial aspects of which emerge from our relationships with other people. Such relationships involve complex patterns of vulnerability and subjection, essential to our constitution as particular kinds of agents: as owners of property, as members of families, and as (...) participants in a market for labor. We should construct a conception of freedom that targets the structures of our interpersonal relations, and the kinds of agents these relations make us. Such a conception respects the interpersonal foundations of human agency. It also allows us to draw morally significant connections between diverse species of unfreedom—between, for instance, localized domination and structural oppression. (shrink)

There are several well-established theories of criminal punishment and of its justification. The quarantine model (advocated by Pereboom and Caruso) has recently emerged as one of the most prominent theories in the field, by denying the very idea of criminal justice. This theory claims that no one ought to be criminally punished because fundamentally people do not deserve any kind of punishment. On these grounds, the quarantine model proposes forms of incapacitation based on public safety considerations. In this article, we (...) briefly review a series of objections raised against the quarantine model and propose some new or revised arguments, which are aimed at showing its inconsistencies and weaknesses. These arguments are related to (a) the lack of a reliable way of determining who is dangerous and the consequent need to make judgments about confinement based on probabilities, and (b) the prospect that the quarantine model may encourage certain crimes. Given the arguments we present in this paper, the quarantine model proves to be less solid, humane, and desirable than its proponents claim. (shrink)

L'auteur veut explorer à nouveaux frais le lien entre actes de langage et droit, en essayant d'éviter le piège d'une lecture normativistede la performativité, mais aussi celui d'une lecture ontologique qui ferait de l'acte de langage la production d'un état de choses social. L'A. inverse ces démarches pour examiner la dimension proprement linguistique de l'invention d'Austin, et la critique, inséparable de son invention des énoncés performatifs, de toute portée ontologique de ces actes. Il insiste sur l'élément crucial que constitue, dans (...) la théorie d'Austin, la notion d'échec de l'acte de langage, à partir de laquelle pourrait se reconcevoir sa normativité propre, donc le lien de l'acte de langage et du droit. (shrink)

Recently debates about the worth of “ideal theory” have directed attention to the functions that an account of a perfectly just society can serve. One function is that of “reconciliation”: learning that a seemingly undesirable feature of the social world would exist even in the perfectly just society can show us the value that it has in the present as well. John Rawls has emphasized reconciliation as among the roles of political philosophy. For instance, Rawls claims that his theory of (...) justice can reconcile us to the pluralism of liberal democracies. In this essay, I argue that Rawls’s political theory also can reconcile the inhabitants of liberal democratic societies to the fact that such societies may be cognitively confusing on account of their complexity. Then I contend that Rawls’s work offers valuable theoretical resources for analysing a society’s transparency or lack thereof. (shrink)

Each of Kant’s three Critiques offers an account of the nature of a mental faculty and arrives at this account by means of a procedure I call ‘faculty analysis’. Faculty analysis is often regarded as among the least defensible aspects of Kant’s position; as a consequence, philosophers seeking to inherit Kantian ideas tend to transpose them into a different methodological context. I argue that this is a mistake: in fact faculty analysis is a live option for philosophical inquiry today. My (...) argument is as follows: Faculty analysis is a live option for certain kinds of philosophical theories if so-called “agentialist” views about the nature of belief are correct. There are good reasons for thinking that such views are correct. So faculty analysis should not be dismissed out of hand. Since the first premise in this argument bears a lot of weight, a large part of the paper is devoted to clarifying and defending it, in part by arguing that Kant himself holds a version of agentialism about belief. (shrink)

Rawls criticizes utilitarianism for not taking the distinction between persons seriously, and suggests that his own theory: justice as fairness, does. I argue that justice as fairness aims to take the distinction seriously at four levels, ranging from the content of its principles to its conception of political philosophy, and that doing so at each stage is of fundamental importance in working out the basis of a conception of justice for a democratic society. Understanding Rawls’s theory in this way points (...) to a clearer understanding of how to go on doing political philosophy after Rawls. (shrink)