Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to pre-empt (...) our contrary reasons and to leave open spaces or catch-all exceptions which we must use our own devices to fill. (shrink)

It is not uncommon in the history of science and philosophy to encounter crucial experiments or crucial objections the truth-value of which we are ignorant, that is, about which we suspend judgment. Should we ignore such objections? Contrary to widespread practice, I show that in and only in some circumstances they should not be ignored, for the epistemically rational doxastic attitude is to suspend judgment also about the hypothesis that the objection targets. In other words, suspension of judgment “propagates” from (...) the crucial objection to the hypothesis. In this paper I study under which conditions this phenomenon occurs, and discuss its significance for the topics of skepticism, scientific realism, and peer disagreement. (shrink)

The book develops, defends, and applies an account of weighing reasons to resolve various issues in ethics. It tells you everything you ever wanted to know about weighing reasons and probably a lot of stuff you didn't want to know too. The excerpt provided here is the Table of Contents, the Introduction, and Chapter 1.

Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...) reasons for concept use, which tell us which concepts to adopt, adhere to, or abandon, thereby shoring up—or undercutting—the reasons for action and belief that guide our deliberations. Traditionally, reasons for concept use have been sought either in timeless rational foundations or in concepts’ inherent virtues, such as precision and consistency. Against this, the book advances two main claims: that we find reasons for concept use in the conceptual needs we discover when we critically distance ourselves from a concept by viewing it from the autoethnographic stance; and that sometimes, concepts that conflict, or exhibit other vices such as vagueness or superficiality, are just what we need. By considering not what concepts are absolutely best, but what concepts we now need, we can reconcile ourselves to the contingency of our concepts, determine the proper place of efforts to tidy up thought, and adjudicate between competing conceptions of things,—even things as contested as liberty or free will. A needs-based approach separates helpful clarification from hobbling tidy-mindedness, and authoritative definition from conceptual gerrymandering. (shrink)

According to the received opinion there is a theoretical incompatibility between Herbert Hart'sThe Concept of Lawand Alf Ross'sOn Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken.The Concept of Lawdoes not go beyondOn Law and Justicein so far as both present arguments to the effect that law is based on a shared understanding between participants in a project perceived (...) by every participant to be a project in common. The paper demonstrates that there are substantive parallels between Hart's combination of “acceptance” or “acknowledgement” and a “critical reflective attitude” and Ross's combination of “motivation” or “feeling” and a “coherent whole of meaning and motivation.” The main conclusion is that the views of norms and normativity put forward inThe Concept of LawandOn Law and Justiceare very close in essential respects, and, more specifically, that the two works are at root identical in their representation of the basis of normativity in reality. (shrink)

A discussion of epistemic reasons, theoretical rationality, and the relationship between them. Discusses the ontology of reasons and evidence, the relationship between reasons (motivating, normative, possessed, apparent, genuine, etc.) and rationality, the relationship between epistemic reasons and evidence, the relationship between rationality, justification, and knowledge, and many other related topics.

This comprehensive volume features the proceedings of the Third International Workshop on Logics for New-Generation Artificial Intelligence and the International Workshop on Logic, AI and Law, held in Hangzhou, China on September 8-9 and 11-12, 2023. The collection offers a diverse range of papers that explore the intersection of logic, artificial intelligence, and law. With contributions from some of the leading experts in the field, this volume provides insights into the latest research and developments in the applications of logic in (...) these areas. It is an essential resource for researchers, practitioners, and students interested in the latest advancements in logic and its applications to artificial intelligence and law. (shrink)

Dual-role approaches to reasons say, roughly, that reasons can relate to actions in two fundamentally different ways: they can either require conformity, or justify an action without requiring that it be taken. This paper develops a formal dual-role approach, combining ideas from defeasible logic and practical philosophy. It then uses the approach to shed light on the phenomenon of supererogation and resolve a well-known puzzle about supererogation, namely, Horton’s All or Nothing Problem.

According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions supported by the relevant (...) reasons (e.g. keeping a valid promise or respecting property) can be argued to have a certain kind of value, I argue that this value presupposes a moral right, and therefore cannot explain the reason. Reflection on such cases suggest the conclusion that reasons that are subject to normative powers are generally not value-based. This also has important implications for the dialectic between ‘value-first’ and ‘reasons-first’ approaches to normativity. (shrink)

This article tries to define what discrimination is and to understand in particular detail its most important instances: those in which the satisfaction of interests is at stake. These cases of discrimination will be characterized in terms of deprivations of benefits. In order to describe and classify them we need to consider three different factors: the benefits of which discriminatees are deprived, the criteria according to which such benefits are denied or granted, and the justification that such deprivation of benefits (...) may have (or lack). This definition intends to present discrimination as a concept that may be useful not only to examine certain social phenomena, but also, more widely, to ethical theory in general. (shrink)

Davidson's account of weakness of will dependsupon a parallel that he draws between practicaland theoretical reasoning. I argue that theparallel generates a misleading picture oftheoretical reasoning. Once the misleadingpicture is corrected, I conclude that theattempt to model akratic belief on Davidson'saccount of akratic action cannot work. Thearguments that deny the possibility of akraticbelief also undermine, more generally, variousattempts to assimilate theoretical to practicalreasoning.

Shared intention normally leads to joint action. It does this, it is commonly said, only because it is a characteristically stable phenomenon, a phenomenon that tends to persist from the time it is formed until the time it is fulfilled. However, the issue of what the stability of shared intention comes down to remains largely undertheorized. My aim in this paper is to remedy this shortcoming. I argue that shared intention is a source of moral and epistemic reasons, that responsiveness (...) to such reasons on the part of each individual reinforces her own relevant attitudes, and that this enhances the stability of the shared intention as a whole. We thus discover an important self-reinforcing and stability-enhancing mechanism at the heart of shared intention and action. It follows from this proposal that the psychological commitment that an individual exhibits in joint action is normally a function not only of her own participatory intention, as often maintained, but also of her endorsement of the reasons created by her group’s shared intention to so act. (shrink)

The normative mechanics of promising seem complex. The strength and content of promissory obligations, and the residual duties they entail upon being violated, have various prima facie surprising features. We give an account to explain these features. Promises have a point. The point of a promise to φ is a promise-independent reason to φ for the promisee’s sake. A promise turns this reason into a duty. This explains the mechanics of promises. And it grounds a nuanced picture of immoral promises, (...) an argument against promissory bare wrongings, and a constraint on theories of why we have promissory obligations at all. (shrink)

In this paper I contemplate two phenomena that have impressed theorists concerned with the domain of reasons and of what is now called ‘normativity’. One is the much-discussed ‘externality’ of reasons. According to this, reasons are just there, anyway. They exist whether or not agents take any notice of them. They do not only exist in the light of contingent desires or mere inclinations. They are ‘external’ not ‘internal’. They bear on us, even when through ignorance or wickedness we take (...) no notice of them. They thus very conspicuously shine the lights of objectivity, and independence, and even necessity. By basking in this light, ethics is rescued from the slough of sentiment and preference, and regains the dignity denied to it by theorists such as Hobbes or Hume, Williams, Gibbard or myself. Hence, many contemporary philosophers compete to stress and to extol the external nature of reasons, their shining objectivity. The other phenomenon is that of the inescapable ‘normativity’ of means-ends reasoning. Here the irrationality of intending an end but failing to intend the means is a different shining beacon. It is that of pure practical reason in operation: an indisputable norm, again showing a sublime indifference to whatever weaknesses people actually have, and ideally fitted to provide a Trojan horse for inserting rationality into practical life. If the means-end principle is both unmistakably practical and yet the darling child of rationality itself, then other principles of consistency or of humanity, or of universalizing the maxims of our action, can perhaps follow through the breach in the Humean citadel that it has spearheaded. And so we get the dazzling prospect that if people who choose badly are choosing against reason, then this can be seen to be a special and grave defect. It would locate the kind of fault they are indulging. It would give us, the people of reason, a special lever with which to dislodge their vices. Being able to herd knaves and villains in a compound reserved for those who trespass against reason and rationality therefore represents definite progress. (shrink)

This paper disputes the widespread assumption that beliefs and desires may be attributed as theoretical entities in the service of the explanation and predic- tion of human behavior. The literature contains no clear account of how beliefs and desires might generate actions, and there is good reason to deny that principles of rationality generate a choice on the basis of an agent’s beliefs and desires. An alter- native conception of beliefs and desires is here introduced, according to which an attribution (...) of belief is, in a certain sense, an assertion on the believer’s behalf and an attribution of desire is, in a certain sense, a command on the desirer’s behalf. In terms of this conception of the attribution of beliefs and desires, we can begin to understand how attributions of beliefs and desires can be explanatory, although we still cannot expect the attribution of beliefs and desires to generate predictions based on an assumption of rationality. Finally, the reality of beliefs and desires is likened to the reality of money; it is the reality of things governed by objective norms. (shrink)

Making a connection between ‘post-modernism’ and post-truth has by now become a standard trope, both within academia and popular discourse, despite post-truth’s only recent emergence as a concept. Such claims are often rather vague and fanciful and lack an altogether credible account of either phenomenon in many cases. This Chapter argues however that within a legal context, there is the emergence of a legal post-truth which is the direct consequence of a concrete form of post-modernity within legal practice and thought. (...) While law may be called upon to engage in judgments of ‘truth’ in numerous interesting ways, it does not itself have any particular form of privileged access to the truth of statements or allegations, even though it is often treated as doing so. However, the most persistent question which law must deal with, and indeed the most persistent question within legal philosophy, relates to a deeper form of inquiry into truth: the question of legal truth. In simple terms this refers to the correctness of any particular proposition of law. Within legal theory, this expands to the larger question of what makes, in general, any legal proposition valid, or true. Reflecting upon legal scholarship through the lens of truth reveals that theories of law can be broken down into two broad and radically distinct categories. On the one hand, there exist empirical accounts of law which fundamentally understand questions of legal truth as social questions whose answers are empirically demonstrable. On the other hand, there are ‘idealist’ accounts of law which view legal content, and hence truth, as existing in some way or other in a manner which transcends social practice and which is autonomous from it. Both of these classical accounts, while radically different, share an interesting paradox: they see truth in law as an objective fact, but one which is fleeting and distant, far from the paradigm of legal certainty upon which the ideology of law is partly based. However, such accounts of legal truth share many other unstated aspects, and are largely based upon ideas which place the separateness and completeness of legal systems at their heart, providing either a unified ideal or a unified empirically observable social practice. However, they are share a common flaw, namely the failure to account for what might be called a post-modern phase of development in law, in which ordinary legal questions now regularly require the complex and non-hierarchical interaction of competing legal systems with different ‘truths’ and different ways of arriving at such truths. Such phenomena are commonly referred to as legal or, at times, constitutional ‘pluralism’. This post-modern turn within law has also produced therefore what we might call a form of post-truth within law. This is particularly significant because it places under great strain both the empirical and ideal accounts of legal truth and require us to re-elaborate an account of what makes a legal proposition true. From certain perspectives, this legal post-truth shares certain important aspects with the cultural phenomenon of post-truth, namely its apparently capricious and deracinated nature. However, it is argued in this Chapter that, in the legal context at least, post-truth allows for the transcendence of the empirical/ideal divide and the revealing of deeper forms of legal truth and our ability to account for them through theory or, put more simply, explanation. Upon greater reflection, legal truth is generated by the very forms of argument, or modes, which allow access to it. Such forms of argument exist also to produce legal truths outside and between legal orders where these appear to conflict or collide. While some legal scholars and others claim that such pressures on structures of knowledge reveal the end of the potential for law to generate truth, it is argued here that, on the contrary, they require a more open and more transparent use of the pure methods and modes of reason which both reveal but also generate legal truth in the first place. This is relevant to post-truth more generally in one specific way, despite the numerous idiosyncrasies of legal truth and knowledge: when assertions of truth within structures of power seem to come to embody the perspectivism and relativism used as methods of deconstruction, the post-modern and deconstructionist projects themselves require radical change: they stay true to their goal of deconstructing structures and discourses of power by applying the classical epistemologies which are rejected by those in power. Just as legal outcomes which are asserted rather than reasoned or justified are most convincingly deconstructed through sober legal modes, so can the post-modernist project find purpose in a world where dominant epistemes seem to have come to embody a simplistic version of post-modernist critiques. (shrink)

Dworkin’s famous argument from legal disagreements poses a problem for legal positivism by undermining the idea that the law can be (just) the result of the practice and attitudes of norm-applying officials. In recent work, the chapter author argued that a hybrid contextualist theory paired with a dispositional theory of value—a hybrid dispositionalism, for short—offers the resources to respond to similar disagreement- based arguments in other evaluative and normative domains. This chapter claims that the theory the author advocates can extend (...) to legal statements and disputes, and shares some important features with Toh’s (2011) idea that legal statements express shared acceptance of norms. The chapter proposes that a contextualist semantics for legal statements paired with the pragmatic communication of implicatures that express shared acceptances of norms, achieves the same goal that Toh aims at. (shrink)

Authority consists in having standing to make a claim on another person’s actions. Authority comes in degrees: persons have the authority to make moral demands on each other, but if they participate in close relationships, such as friendships or love relationships, their authority over each other is greater, compared to the authority of strangers to make demands, as participants in personal relationships can demand more from each other than can strangers. This paper discusses the phenomenon of a relationship-dependent greater authority (...) on a conceptual level. It thereby fills a gap in the literature on the proper theory of authority : while being a common part of our moral practice, relationship-dependent authority has mostly been neglected in this context. It is even doubtful whether the most influential contemporary accounts of authority can accommodate it. As will be argued, neither Joseph Raz’s service conception nor Stephen Darwall’s second - personal conception of authority are able to. The trig. (shrink)

God is omnirational: whenever he does anything, he does it for all and only the unexcluded reasons that favor the action, and he always acts for reasons. Thisdoctrine has two unexpected consequences: it gives an account of why it is that unification is a genuine form of scientific explanation, and it answers the question of when the occurrence of E after a petitionary prayer for E is an answer to the prayer.

This essay seeks to explain a morally important class of psychological incapacity—the class of what Bernard Williams has called “incapacities of character.” I argue for two main claims: (1) Caring is the underlying psychological disposition that gives rise to incapacities of character. (2) In competent, rational adults, caring is, in part, a cognitive and deliberative disposition. Caring is a mental state which disposes an agent to believe certain considerations to be good reasons for deliberation and action. And caring is a (...) mental state which structures an agent’s practical deliberation, by establishing presumptive boundaries on the landscape of possibilities over which her deliberative imagination ranges. Incapacities of character are a consequence of the structure which these presumptive boundaries give to an agent’s deliberation. (shrink)

According to preemptionism, a layperson should treat the fact that an epistemic authority believes p as a reason to believe p that replaces her other reasons relevant to believing p and is not simply added to them. Many authors have found the unqualified version of preemptionism, as defended by Linda Zagzebski, too strong. At the same time, a number of them have recently advocated weakened or qualified preemptionist accounts. In this paper, I criticise these accounts. I argue that some of (...) them cannot explain the possibility of rational persistent disagreements between laypeople and epistemic authorities, while those that can explain it fail to account either for the extent to which justification is a holistic phenomenon or for the role of what I call ‘control reasons’ in the laypeople's epistemic conduct. (shrink)

Modern societies are characterized by a division of epistemic labor between laypeople and epistemic authorities. Authorities are often far more competent than laypeople and can thus, ideally, inform their beliefs. But how should laypeople rationally respond to an authority’s beliefs if they already have beliefs and reasons of their own concerning some subject matter? According to the standard view, the beliefs of epistemic authorities are just further, albeit weighty, pieces of evidence. In contrast, the Preemption View claims that, when one (...) discovers what an authority believes, it is not permissible to rely on any of one’s own reasons concerning the subject matter. The original version of this view, as proposed by Linda Zagzebski, has recently been severely criticized for recommending blind trust and for abandoning even minimal standards for critical thinking. In our paper, we defend a new version of the Preemption View—Defeatist Preemptionism—in a way that differs radically from Zagzebski’s. We argue that our view can be derived from certain widely accepted general epistemic principles. In particular, we claim that preemption can be identified as a special case of source sensitive defeat. Moreover, we argue that Defeatist Preemptionism does not lead to the undesirable consequences that critics ascribe to the Preemption View. The paper thus articulates the foundations and refinements of the Preemption View, such that it adequately captures the phenomenon of epistemic authority and the rational requirements related to it. (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.

Can humans and artificial intelligences share concepts and communicate? Making AI Intelligible shows that philosophical work on the metaphysics of meaning can help answer these questions. Herman Cappelen and Josh Dever use the externalist tradition in philosophy to create models of how AIs and humans can understand each other. In doing so, they illustrate ways in which that philosophical tradition can be improved. The questions addressed in the book are not only theoretically interesting, but the answers have pressing practical implications. (...) Many important decisions about human life are now influenced by AI. In giving that power to AI, we presuppose that AIs can track features of the world that we care about (for example, creditworthiness, recidivism, cancer, and combatants). If AIs can share our concepts, that will go some way towards justifying this reliance on AI. This ground-breaking study offers insight into how to take some first steps towards achieving Interpretable AI. (shrink)

Is it permissible to kill an innocent person against her will in order to prevent several other innocent persons from being killed against their will? The answer to which this essay comes after extensive discussion is – under certain conditions and limitations – affirmative. On the way to this answer, the book offers a comprehensive in-depth discussion of so-called deontic restrictions – that is, the idea of an action’s being prohibited in circumstances in which performing it once would be the (...) only way to prevent its being performed multiple times. The book’s leading question is whether there is a plausible rationale for deontic restrictions. To this effect, a taxonomy and critical discussions of the most important approaches to justify deontic restrictions are provided – where many of these approaches undergo a deeper examination for the first time ever. In addition, the book clarifies some adjoining questions, such as why deontic restrictions are often perceived as being problematic or how the concept of agent-relativity should best be understood and formalized. Put into broader perspective, the conclusions offered should have a bearing on a number of debates in normative ethics, not least on the debate between deontologists and consequentialist. (shrink)

This volume collects selected papers delivered at the 15th Conference of the International Society for Utilitarian Studies, which was held at Karlsruhe Institute of Technology in July 2018. It includes papers dealing with the past, present, and future of utilitarianism – the theory that human happiness is the fundamental moral value – as well as on its applications to animal ethics, population ethics, and the future of humanity, among other topics.

The standard model of precedential constraint holds that a court is equally free to modify a precedent of its own and a precedent of a superior court—overruling aside, it does not differentiate horizontal and vertical precedents. This paper shows that no model can capture the U.S. doctrine of precedent without making that distinction. A precise model is then developed that does just that. This requires situating precedent cases in a formal representation of a hierarchical legal structure, and adjusting the constraint (...) that a precedent imposes based on the relationship of the precedent court and the instant court. The paper closes with suggestions for further improvements of the model. (shrink)

This paper contends that the requirement of content independence poses a pressing challenge to natural-duty theories of political obligation, for it is unclear why subjects of a state should not discharge the background natural duty in proper ways other than obeying the law. To demonstrate the force of this challenge, I examine and refute three argumentative strategies to achieve content independence represented in recent notable natural-duty theories: by appealing to the epistemic advantages of the state in discharging a natural duty, (...) by claiming that one’s denial of state authority necessarily poses an unjust threat to other people, and by invoking the consideration of fairness to preempt one’s discretion in discharging a natural duty. My criticisms, I believe, provide sufficient reasons for natural-duty theorists to take the requirement of content independence much more seriously. (shrink)

. Legal theory has so far focused exclusively on judicial activity, not on legislation. This is due to the specific legal framework of reasoning, upon which it is essential to act upon rules, wherever they come from. This form of legalism is criticized and replaced by weak legalism. Weak legalism makes it possible to detect the principles of legislation that underly the activity of the legislator. Legisprudence is the theory of these principles.

A long line of epistemologists including Sosa (2021), Feldman (2002), and Chisholm (1977) have argued that, at least for a certain class of questions that we take up, we should (or should aim to) close inquiry iff by closing inquiry we would meet a unique epistemic standard. I argue that no epistemic norm of this general form is true: there is not a single epistemic standard that demarcates the boundary between inquiries we are forbidden and obligated to close. In short, (...) such norms are false because they are insensitive to the potentially ambitious epistemic goals that agents may permissibly bring to bear on an inquiry. Focusing particularly on knowledge-oriented versions of the norm, I argue that ignorance has a positive role to play in epistemic life by licensing prolonged inquiry into questions that we especially care about. (shrink)

Objective reasons are given by the facts. Subjective reasons are given by one’s perspective on the facts. Subjective reasons, not objective reasons, determine what it is rational to do. In this paper, I argue against a prominent account of subjective reasons. The problem with that account, I suggest, is that it makes what one has subjective reason to do, and hence what it is rational to do, turn on matters outside or independent of one’s perspective. After explaining and establishing this (...) point, I offer a novel account of subjective reasons which avoids the problem. (shrink)

A normative reason for a person to? is a consideration which favours?ing. A motivating reason is a reason for which or on the basis of which a person?s. This paper explores a connection between normative and motivating reasons. More specifically, it explores the idea that there are second-order normative reasons to? for or on the basis of certain first-order normative reasons. In this paper, I challenge the view that there are second-order reasons so understood. I then show that prominent views (...) in contemporary epistemology are committed to the existence of second-order reasons, specifically, views about the epistemic norms governing practical reasoning and about the role of higher-order evidence. If there are no second-order reasons, those views are mistaken. (shrink)

There are two discourses that are used in connection with the provision of good healthcare: a rights discourse and a beneficial design discourse. Although the logical force of these two discourses overlaps, they have distinct and incompatible implications for practical reasoning about health policy. The language of rights can be interpreted as the ground of a well-designed healthcare system stressing the values of equality and inclusion, but it has less application when dealing with questions of cost-effectiveness. This difference reflects the (...) distinction between the deontological status of rights claims and a teleological approach presupposed in the language of beneficial design. However, the value of the separateness of persons contained in the discourse of rights can impose constraints on the adoption of a simple maximizing principle when thinking about the allocation of healthcare resources within a social contract for health. Throughout these issues are discussed by reference to the work of Peter Jones. (shrink)

A number of philosophers have suggested that acts of forgiveness are pointless if the wrongdoer has atoned for his offence (since there is nothing to be forgiven) and unjustified if no atonement has been forthcoming (since there are no grounds for forgiveness). My aim in this paper is twofold. First, I try to remove this dilemma and show that forgiveness has a proper place in ethics by providing an account of its nature and justification. Second, I argue that the dilemma (...) is apt to emerge from an exclusively utilitarian outlook or an exclusively retributivist outlook, and that it is only by adopting a ’mixed approach’ towards the treatment of wrongdoers that it can be removed. (shrink)

Philosophical work on values in science is held back by widespread ambiguity about how values bear on sci entific choices. Here, I disambiguate several ways in which a choice can be value-laden and show that this disambiguation has the potential to solve and dissolve philosophical problems about values in science. First, I characterize four ways in which values relate to choices: values can motivate, justify, cause, or be impacted by the choices we make. Next, I put my proposed taxonomy to (...) work, using it to clarify one version of the argument from inductive risk. The claim that non-epistemic values must play a role in scientific choices that run inductive risk makes most sense as a claim about values being needed to justify such choices. The argument from inductive risk is not unique: many philosophical arguments about values in science can be more clearly understood and assessed by paying close attention to how values and choices are related. (shrink)

This paper defends the pertinence of global justice in the contemporary world. It accepts, for the sake of argument, Nagel's view that matters of justice arise only when political authority is asserted or exercised and, connectedly, his rejection of the cosmopolitan thesis. However, it challenges his conclusion that considerations of justice do not apply beyond the state. It argues that on any plausible account of the relationship between authority and justice international institutions, such as the World Trade Organisation, are now (...) authoritative in the right way to justify their evaluation from the point of view of justice. (shrink)

The traditional view in epistemology has it that knowledge is insensitive to the practical stakes. More recently, some philosophers have argued that knowledge is sufficient for rational action: if you know p, then p is a reason you have (epistemically speaking). Many epistemologists contend that these two claims stand in tension with one another. In support of this, they ask us to start with a low stakes case where, intuitively, a subject knows that p and appropriately acts on p. Then, (...) they ask us to consider a high stakes version of the case where, intuitively, this subject does not know that p and could not appropriately act on p without double-checking. Finally, they suggest that the best explanation for our shifty intuitions is that p is a reason the subject has in the low stakes case but not in the high stakes case. In short, according to this explanation, having a reason (in the epistemic sense) is sensitive to the stakes. If so, either knowledge is sensitive to the stakes or else you can know that p even if p is not a reason you have (in the epistemic sense). In this paper, I consider more closely the relation between having a reason (in the epistemic sense) and having a reason to check. I argue that the supposition that if one has p as a reason (in the epistemic sense) then one has a reason not to check whether p, or no reason to check whether p, is highly doubtful. On the contrary, I suggest, it is plausible that, given our fallibility, one always has an epistemic reason to check whether p, whether or not p is a reason one has (in the epistemic sense). On the basis of this observation, I show that one can offer a new way of explaining the cases in question, allowing us to reconcile the traditional view about knowledge and the sufficiency of knowledge for rational action. (shrink)

Brendel and Miller (2008) take the most distinctive commitment in their pragmatic approach to be treating ethical principles as having a hypothetical status. I am sympathetic to a pragmatic approac...

Evidential reasoning is hard, and errors can lead to miscarriages of justice with serious consequences. Analytic methods for the correct handling of evidence come in different styles, typically focusing on one of three tools: arguments, scenarios or probabilities. Recent research used Bayesian networks for connecting arguments, scenarios, and probabilities. Well-known issues with Bayesian networks were encountered: More numbers are needed than are available, and there is a risk of misinterpretation of the graph underlying the Bayesian network, for instance as a (...) causal model. The formalism presented here models presumptive arguments about coherent hypotheses that are compared in terms of their strength. No choice is needed between qualitative or quantitative analytic styles, since the formalism can be interpreted with and without numbers. The formalism is applied to key concepts in argumentative, scenario and probabilistic analyses of evidential reasoning, and is illustrated with a fictional crime investigation example based on Alfred Hitchcock’s film ‘To Catch A Thief’. (shrink)

Public reason accounts commonly claim that exercises of coercive political power must be justified by appeal to reasons accessible to all citizens. Such accounts are vulnerable to the objection that they cannot legitimate coercion to protect basic liberal rights against infringement by deeply illiberal people. This paper first elaborates the distinctive interpersonal conception of justification in public reason accounts in contrast to impersonal forms of justification. I then detail a core dissenter-based objection to public reason based on a worrisome example (...) advanced by Jonathan Quong. While we may be able to impersonally justify coercing the illiberal dissenter, public reason liberals must explain how we can interpersonally justify such coercion—meaning justify given the perspective of the dissenter. The two prominent strategies for dealing with dissenters involve idealization of reasoning and requiring liberal values; I show that these strategies do not succeed in a way compatible with the public reason project. That is, the prominent strategies leave public reason theorists with a dilemma between denying the legitimacy of using coercion to protect core freedoms against deeply illiberal people or abandoning the fundamental public reason project. I conclude by proposing a different answer to public reason liberalism’s fundamental question: what requires justification? On my account, it is not that coercion requires interpersonal justification for its permissibility, but that such justification is necessary as a constitutive element of a kind of moral community. (shrink)

Although McMahon offers a potentially valuable extension of Joseph Raz's conceptualization of authority by distinguishing three different kinds of authority, this paper argues, first, that his account of the conditions and considerations that would justify managerial authority is problematic because it relies on a conception of reasons for action that excludes precisely the kind of rationality that plays an important role in the␣explanation and justification of authority in economic␣organization. This paper explains, second, why McMahon's thesis of the justificatory similarity of (...) authority in governments and nongovernmental organizations can also be seen to hold for corporate governance of publicly owned firms more specifically. Finally, this paper raises some critical objections against McMahon's presumption of democratic governance in governments and NGO's alike. The thrust of these objections is that democratic corporate governance does not make sense in the publicly owned firms because: it will not produce results that are fair or welfare maximizing, and it will undermine the legitimacy of managerial authority in such firms. (shrink)

Abstract.Although the Hart/Dworkin debate has as much to do with Dworkin's affirmative theory of judicial discretion as with Hart's more comprehensive theory of law, the starting point was of course Dworkin's attempt to demolish the “model of rules,” Hart's alleged analysis of legal systems as collections of conclusive reasons for specified legal consequences. The continuing relevance of this attack for the prospects for any theory of law is the subject of the present essay.

This paper takes the dichotomy between “exclusive” and “inclusive” positivism and applies it by analogy to natural-law theories. With John Finnis, and with Beyleved and Brownsword, we have examples of “exclusive natural-law theory,” on which approach the law is valid only if its content satisfies a normative monological moral theory. The discourse theories of Alexy and Habermas are seen instead as “inclusive natural-law theories,” in which the positive law is a constitutive moment in that it identifies moral rules and specifies (...) their meaning. The article argues that inclusive theories of natural law are better suited to expressing an authentic “republican” attitude.*In the seed of the city of the just, a malignant seed is hidden, in its turn: the certainty and pride of being in the right. (Calvino 1997, 162). (shrink)

This paper asks whether investigation into the ontology of the extended family can help us to think about and resolve questions concerning the nature of the family’s decision-making authority where organ donation is concerned. Here, “extended family” refers not to the multigenerational family all living at the same time, but to the family extended past its living boundaries to include the dead and the not yet living. How do non-existent members of the family figure into its ontology? Does an answer (...) to this question help to resolve questions about the distribution of authority within the extended family? (shrink)

According to a widely held view, people's commitments to laws are dependent on the existence in their community of a conventional practice of complying with certain fundamental laws. This conventionalism has significantly hampered our attempts to explain the normative practice of law. Ronald Dworkin has argued against conventionalism by bringing up the phenomenon of persistent fundamental legal controversies, but neither Dworkin nor his legal positivist respondents have correctly understood the real significance of such controversies. This article argues that such controversies (...) pose a deep challenge to any conception of our legal practice as a genuinely normative, rule-mediated, practice. The article also argues that what is needed to deflect this challenge is a new understanding – different from the widely held conventionalist understanding – of how people's commitments to laws are predicated on their fellows’ like commitments. (shrink)

A common and plausible assumption about the relation between desires and practical reasons—namely, that if øing is an optimal way (or even just a way) for a person, P, to satisfy one of his or her desires, then P has a (normative) reason to ø. This paper discusses that assumption. Although it does not deny that desires are a source of practical reasons, it shows that in some situations, rare though not impossible, P can lack a reason to ø despite (...) having a desire that he or she could satisfy optimally by øing. (shrink)

According to agent relativism, each person's moral requirements are relative to her desires or interests. That is, whether a person morally ought to ø depends on what interests or desires she has. Some philosophers charge that the main argument for agent relativism trades on an ambiguity in the term "reason," "reason for action,'' or the like. This paper shows that although the argument for agent relativism may indeed harbor an ambiguity, the ambiguity is no Achilles’ heel. To remove it is (...) not to discredit the argument, but to uncover the strongest form of it, the form that makes agent relativism tenacious. (shrink)