Randomization procedures are used in legal and statistical applications, aiming to shield important decisions from spurious influences. This article gives an intuitive introduction to randomization and examines some intended consequences of its use related to truthful statistical inference and fair legal judgment. This article also presents an open-code Java implementation for a cryptographically secure, statistically reliable, transparent, traceable, and fully auditable randomization tool.

Garrett Cullity contends that fairness is appropriate impartiality (See Cullity (2004) Chapters 8 and 10 and Cullity (2008)). Cullity deploys his account of fairness as a means of limiting the extreme moral demand to make sacrifices in order to aid others that was posed by Peter Singer in his seminal article ‘Famine, Affluence and Morality’. My paper is founded upon the combination of (1) the observation that the idea that fairness consists in appropriate impartiality is very vague and (2) the (...) fact that psychological studies show the self-serving bias is especially likely to infect one’s judgements when the ideas involved are vague. I argue that Cullity’s solution to extreme moral demandingness is threatened by these findings. I then comment on whether some other theories of fairness are vulnerable to the same objection. (shrink)

Is there an epistemic analogue of moral motivational internalism? The answer to this question has implications for our understanding of the nature of epistemic normativity. For example, some philosophers have argued from claims that epistemic judgement is not necessarily motivating to the view that epistemic judgement is not normative. This paper examines the options for spelling out an epistemic analogue of moral motivational internalism. It is argued that the most promising approach connects epistemic judgements to doxastic dispositions, which are related (...) to motivation in a fairly tenuous sense. It is also argued that this approach currently lacks a plausible and informative account of the nature and workings of these doxastic dispositions, and, hence, an explanation of the range of phenomena internalist theses typically set out to explain. The most promising route for developing such an account, based on recent expressivist work, is investigated and found inadequate for the task. (shrink)

According to a common judgement, a social planner should often use a lottery to decide which of two people should receive a good. This judgement undermines one of the best-known arguments for utilitarianism, due to John C. Harsanyi, and more generally undermines axiomatic arguments for utilitarianism and similar views. In this paper we ask which combinations of views about (a) the social planner’s attitude to risk and inequality, and (b) the subjects’ attitudes to risk are consistent with the aforementioned judgement. (...) We find that the class of combinations of views that can plausibly accommodate this judgement is quite limited. But one theory does better than others: the theory of chance-sensitive utility. (shrink)

In this paper I consider fairness of blaming a wrongdoer. In particular, I consider the claim that blaming a wrongdoer can be unfair because blame has a certain characteristic force, a force which is not fairly imposed upon the wrongdoer unless certain conditions are met--unless, e.g., the wrongdoer could have done otherwise, or unless she is someone capable of having done right, or unless she is able to control her behavior by the light of moral reasons. While agreeing that blame (...) has a characteristic force, I am skeptical of this charge of unfairness. My skepticism concerns itself less with the particular conditions of fairness proposed than with the idea that blame can be rendered unfair by its characteristic force. If to blame a person were simply to perform certain intentional actions, then, as we will see, blame could be rendered unfair by its force. But to blame a person is not just to act in certain ways. It is, at least in large part, to make certain judgments or adopt certain attitudes. However, it is unclear how these attitudes or judgments carry "force"? and also unclear whether they can be rendered unfair by their force. Examining these issues, I will suggest that much of the force of blame is found in a set of judgments--most centrally, the judgment that one person failed to show proper regard for others. But, I will argue, once it is granted that such judgments are true, their characteristic force cannot render them unfair. (shrink)

Several philosophers who argue that forgiveness is an important virtue also wish to maintain the moral value of retributive emotions that forgiveness is meant to overcome. As such, these accounts explicate forgiveness as an Aristotelian mean between too much resentment and too little resentment. I argue that such an account ends up making forgiveness superfluous: it turns out that the forgiving person is not praised for a greater willingness to let go of her resentment, but rather for her fairness or (...) good judgment. I conclude by arguing that the virtue of fair-mindedness is more compatible with maintaining the value of the retributive emotions than the virtue of forgiveness. (shrink)

RésuméJe soutiendrai que la façon dont Davidson rend compte de l'intention pure peut être comprise comme une analyse de l'intention comme étant relative à un jugement dans une perspective en première personne. Selon Davidson, avoir la pure intention de faire A, c'est formuler un jugement tout bien considéré qu'il est désirable de faire A. Dans cette analyse anti-réductionniste, l'intention est traitée comme un état irréductible du sujet. J’établirai une comparaison entre cette analyse et celle de Wright et je montrerai comment (...) la position de Davidson peut être considérée comme une analyse non-réductionniste rapportant l'intention au jugement, selon les directions suggérées par Wright. J'expliquerai ensuite comment cette analyse peut aider à éclaircir diverses difficultés qui se présentent dans la conception que Davidson se fait ultérieurement de la signification et du contenu mental. (shrink)

This paper challenges one of the main contributions of Political Liberalism (PL), namely the burdens of judgment (BoJ), on the grounds that it is superfluous to the project of excluding matters of the good from politics and it makes PL susceptible to a scepticism objection. From Rawls’s PL, we can extract two arguments for epistemic restraint in the public realm. The first is a moral argument based on the principles of fairness and reciprocity. The second is an epistemic argument (...) derived from the idea of the insurmountability of BoJ. The second of these arguments, I contend, is superfluous for two reasons: (i) BoJ, as a descriptive claim cannot itself explain why citizens should uphold a form of toleration that requires them to honor their epistemic restraint in politics. (ii) The moral argument alone is sufficient to justify epistemic constraint in the public realm through the reasonable exercise of political power. -/- Moreover, acceptance of the BoJ is incompatible with subscribing to a reasonable comprehensive doctrine (RCD) with a degree of certainty that is required to be convinced of any such doctrine. The relation between BoJ and scepticism has been addressed before but these thinkers assume that it is the implication of BoJ namely, reasonable disagreement that entails scepticism. This paper lays new sceptical challenges at the doorstep of PL and these new challenges focus on the very idea of the insurmountability of BoJ. Furthermore, it argues that scepticism is not an appropriate epistemic commitment for PL as it is incompatible with the aim of freestanding political conception of justice. Also, it is subversive of the purpose of an overlapping consensus because the idea underpinning an overlapping consensus is that citizens should not only appreciate liberal political principles as reasonable but they should also accept them as true on the basis of their own religious or philosophical reasons. Provided that BoJ entails scepticism, BoJ makes citizens’ religious and philosophical truth claims utterly irrelevant to the stability of society. Accordingly, I argue that the Rawlsian account of reasonableness must relinquish the epistemic component, BoJ; instead it should articulate how the moral component of reasonableness entails the principles of epistemic restraint in politics and acting from public reasons. (shrink)

In this article I explore two accounts of the Fallacy of Many Questions made famous by the question "Have you stopped beating your wife?" The accounts are from the works of Lennart Aqvist and Noel Belnap, and the two authors differ in their accounts of the fallacy. Then I give my own account based on understanding a facet of erotetic logic, i. e., the logic of questions.

Three recent research reports by Topping and Trickey, by Fair and colleagues, and by Gorard, Siddiqui and Huat See have produced data that support the conclusion that a Philosophy for Children program of one-hour-per-week structured discussions has a marked positive impact on students. This article presents data from a follow up study done three years after the completion of the study reported in Fair et al.. The data show that the positive gains in scores on the Cognitive Abilities (...) Test were still present and had not faded after three years. Given the strength of these confirmations of the positive durable impact of the P4C program of structured discussions and given the relatively low cost of implementing the P4C program, it is recommended that it become a standard part of the school curriculum. (shrink)

: New genetic technologies continue to emerge that allow us to control the genetic endowment of future children. Increasingly the claim is made that it is morally "irresponsible" for parents to fail to use such technologies when they know their possible children are at risk for a serious genetic disorder. We believe such charges are often unwarranted. Our goal in this article is to offer a careful conceptual analysis of the language of irresponsibility in an effort to encourage more care (...) in its use. Two of our more important sub-claims are: A fair judgment of genetic irresponsibility necessarily requires a thick background description of the specific reproductive choice; and there is no necessary connection between an act's being morally wrong and its being irresponsible. These are distinct judgments requiring distinct justifications. (shrink)

The impossibility results in judgement aggregation show a clash between fair aggregation procedures and rational collective outcomes. In this paper, we are interested in analysing the notion of rational outcome by proposing a proof-theoretical understanding of collective rationality. In particular, we use the analysis of proofs and inferences provided by linear logic in order to define a fine-grained notion of group reasoning that allows for studying collective rationality with respect to a number of logics. We analyse the well-known paradoxes (...) in judgement aggregation and we pinpoint the reasoning steps that trigger the inconsistencies. Moreover, we extend the map of possibility and impossibility results in judgement aggregation by discussing the case of substructural logics. In particular, we show that there exist fragments of linear logic for which general possibility results can be obtained. (shrink)

Moral discourse contains judgements of two prominent kinds. It contains deontic judgements about rightness and wrongness, obligation and duty, and what a person ought to do. As I understand them, these deontic judgements are normative: they express conclusions about the bearing of normative reasons on the actions and other responses that are available to us. And it contains evaluative judgements about goodness and badness. Prominent among these are the judgements that evaluate the quality of our responsiveness to morally relevant reasons. (...) We have a rich vocabulary for making such evaluations – our vocabulary of aretaic terms. Aretaic terms are those which can be used to attribute virtues: terms such as “kind”, “honest”, “fair”, “tolerant” and “reliable”. However, while they can be used to attribute virtues, they have other uses too; and they can be applied not only to persons but also to various states of persons, to actions and other responses, and to patterns of response. In this paper, I offer an account of the relationship between some of the principal uses of aretaic terms; and I show how a useful taxonomy of moral virtues can be generated from the thought that these are ways of being well oriented to morally relevant reasons. (shrink)

Standard ways of conceptualizing moral development and measuring pedagogical interventions in ethics classes privilege the growth of moral judgment over moral sensitivity, moral motivation, and moral habits by too often conflating improvement in moral judgment with holistic moral development. I argue here that if we care about students’ construction and cultivation of their ethical selves, our assessment design principles ought to take seriously the transformative possibilities of philosophy as a way of life and be based on a more (...) robust and holistic account of moral development. I illustrate these principles of assessment design through an examination of the Character Project, which I created to help students engage in their own deliberate ethical transformation through self-directed, individualized, and concentrated practice. Finally, I conclude with a discussion about how to appropriately and fairly assess this kind of deeply personal learning. (shrink)

Observations of animals engaging in apparently moral behavior have led academics and the public alike to ask whether morality is shared between humans and other animals. Some philosophers explicitly argue that morality is unique to humans, because moral agency requires capacities that are only demonstrated in our species. Other philosophers argue that some animals can participate in morality because they possess these capacities in a rudimentary form. Scientists have also joined the discussion, and their views are just as varied as (...) the philosophers’. Some research programs examine whether animals countenance specific human norms, such as fairness. Other research programs investigate the cognitive and affective capacities thought to be necessary for morality. There are two sets of concerns that can be raised by these debates. They sometimes suffer from there being no agreed upon theory of morality and no clear account of whether there is a demarcation between moral and social behavior; that is, they lack a proper philosophical foundation. They also sometimes suffer from there being disagreement about the psychological capacities evident in animals. Of these two sets of concerns—the nature of the moral and the scope of psychological capacities—we aim to take on only the second. In this chapter we defend the claim that animals have three sets of capacities that, on some views, are taken as necessary and foundational for moral judgment and action. These are capacities of care, capacities of autonomy, and normative capacities. Care, we argue, is widely found among social animals. Autonomy and normativity are more recent topics of empirical investigation, so while there is less evidence of these capacities at this point in our developing scientific knowledge, the current data is strongly suggestive. (shrink)

Many philosophers believe that luck egalitarianism captures “desert-like” intuitions about justice. Some even think that luck egalitariansm distributes goods in accordance with desert. In this paper, we argue that this is wrong. Desertism conflicts with luck egalitarianism in three important contexts, and, in these contexts, desertism renders the proper moral judgment. First, compared to desertism, luck egalitarianism is sometimes too stingy: it fails to justly compensate people for their socially valuable contributions—when those contributions arose from “option luck”. Second, luck (...) egalitarianism is sometimes too restrictive: it fails to justly compensate people who make a social contribution when that contribution arose from “brute luck”. Third, luck egalitarianism is too limited in scope: it cannot diagnose economic injustice arising independently of comparative levels of justice. The lesson of this paper is that luck egalitarians should consider supplementing their theory with desert considerations. Or, even better, consider desertism as a superior alternative to their theory. (shrink)

This chapter reviews several varieties of grounding skepticism as well as responses that have been proposed by grounding enthusiasts to considerations raised by grounding skeptics. Grounding skeptics, as I conceive of them here, are theorists who belong to one of the following two schools of thought. “Old-school” grounding skeptics doubt the theoretical utility of the grounding idiom by denying one of its presuppositions, viz., that this notion is at least intelligible or coherent. “Second-generation” grounding skeptics call into question the theoretical (...) utility of the grounding idiom for other reasons; their skeptical doubts tend to focus on one of the following three purported theoretical virtues grounding enthusiasts ascribe to their idiom: (i) its alleged power to unify an apparently heterogeneous collection of phenomena; (ii) its alleged power to capture and/or elucidate the distinction between the fundamental and the non-fundamental; or (iii) the alleged metaphysical (as opposed to mind-dependent, epistemic, or psychological) utility of grounding claims. Grounding enthusiasts have already formulated responses to many of the objections described in this chapter. At this point, however, it is fair to say that the state of the literature is still evolving, and no conclusive judgment can therefore be reached as of yet as to whether grounding enthusiasts or grounding skeptics have gained the upper hand in these debates. In the meantime, though, grounding skeptics continue to maintain that the classification of factual and/or nonfactual connections under the rubric of grounding does not really help us illuminate the nature of the connections at issue; instead, from the view of the grounding skeptic, we are better off studying these various connections separately and in their own right. (shrink)

Philosophy is a reflective activity. So perhaps it is unsurprising that many philosophers have claimed that reflection plays an important role in shaping and even improving our philosophical thinking. This hypothesis seems plausible given that training in philosophy has correlated with better performance on tests of reflection and reflective reasoning has correlated with demonstrably better judgments in a variety of domains. This article reviews the hypothesized roles of reflection in philosophical thinking as well as the empirical evidence for these roles. (...) This reveals that although there are fairly reliable links between reflection and philosophical judgment among both laypeople and philosophers, the role of reflection in philosophical thinking may nonetheless depend in part on other factors, some of which have yet to be determined. So progress in research on reflection in philosophy may require further innovation in experimental methods and psychometric validation of philosophical measures. (shrink)

Counterfactual scepticism holds that most ordinary counterfactuals are false. The main argument for this view appeals to a ‘chance undermines would’ principle: if ψ would have some chance of not obtaining had ϕ obtained, then ϕ □→ ψ is false. This principle seems to follow from two fairly weak principles, namely, that ‘chance ensures could’ and that ϕ □→ ψ and ϕ ⋄→ ¬ ψ clash. Despite their initial plausibility, I show that these principles are independently problematic: given some modest (...) closure principles, they entail absurdities. Moreover, on the most promising strategy for saving these principles, they do not, in the relevant sense, entail the chance-undermines-would principle. Instead, they entail a principle that only supports counterfactual indeterminism, the view that most ordinary counterfactuals are chancy, that is, not settled true. I demonstrate this by developing an indeterminist semantics that vindicates the clash and chance-ensures-could principles but not the chance-undermines-would principle. This view, I argue, offers a better account of our credal and linguistic judgements than counterfactual scepticism. (shrink)

Rules are meant to apply equally to all within their jurisdiction. However, some rules are frequently broken without consequence for most. These rules are only occasionally enforced, often at the discretion of a third-party observer. We propose that these rules—whose violations are frequent, and enforcement is rare—constitute a unique subclass of explicitly codified rules, which we call ‘phantom rules’ (e.g., proscribing jaywalking). Their apparent punishability is ambiguous and particularly susceptible to third-party motives. Across six experiments, (N = 1440) we validated (...) the existence of phantom rules and found evidence for their motivated enforcement. First, people played a modified Dictator Game with a novel frequently broken and rarely enforced rule (i.e., a phantom rule). People enforced this rule more often when the “dictator” was selfish (vs. fair) even though the rule only proscribed fractional offers (not selfishness). Then we turned to third person judgments of the U.S. legal system. We found these violations are recognizable to participants as both illegal and commonplace (Experiment 2), differentiable from violations of prototypical laws (Experiments 3) and enforced in a motivated way (Experiments 4a and 4b). Phantom rule violations (but not prototypical legal violations) are seen as more justifiably punished when the rule violator has also violated a social norm (vs. rule violation alone)—unless the motivation to punish has been satiated (Experiment 5). Phantom rules are frequently broken, codified rules. Consequently, their apparent punishability is ambiguous, and their enforcement is particularly susceptible to third party motives. (shrink)

A recent panel at the annual meetings of the American Society for Aesthetics had the title “Can films philosophize?” The answer is, obviously, no, if we take this question literally. But books can’t philosophize either, in this sense. People philosophize, and they generally use natural language as the medium in which they carry out this activity. So our question is, can film serve as a philosophical medium in the ways, or in some of the ways, that language does? To answer (...) this question, we must first ask in what ways language functions as a philosophical medium. At a very general level, the answer to this question is fairly straightforward, if uninteresting. Language functions as a philosophical medium in that we use language to identify, articulate, clarify, and inter-relate what are viewed as philosophical issues, and to deepen our understanding of these issues and of the things that others say about them. What we take to be the significant philosophical issues, however, and what we take to be a contribution to deepening our understanding of these issues, may differ according to the philosophical tradition in which we work. If, for example, we think that the most fundamental philosophical issue is asking the question of Being, then our judgment as to when the linguistic medium is being used to ‘do philosophy’ is likely to differ substantially from the judgment we would make if we think that philosophers are best occupied analyzing everyday discourse or tending the separate gardens of the sciences. (shrink)

Most agree that, in some special scenarios, prudence can speak against feeling a fitting emotion. Some go further, arguing that the tension between fittingness and prudence afflicts some emotions in a fairly general way. This paper goes even further: it argues that, when it comes to anxiety, the tension between fittingness and prudence is nearly inescapable. On any plausible theory, an enormous array of possible outcomes are both bad and epistemically uncertain in the right way to ground fitting anxiety. What’s (...) more, the fittingness of an emotion is a demanding, not a permissive, normative status. So the norms of fitting emotion demand a great deal of anxiety. For almost any realistic agent, it would be deeply imprudent to feel anxiety in a way that meets the demands set by norms of fitting emotion. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...) observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

● Sergio Cremaschi, The non-existing Island. I discuss the way in which the cleavage between the Continental and the Anglo-American philosophies originated, the (self-)images of both philosophical worlds, the converging rediscoveries from the Seventies, as well as recent ecumenic or anti-ecumenic strategies. I argue that pragmatism provides an important counter-instance to both the familiar self-images and to the fashionable ecumenic or anti-ecumenic strategies. My conclusions are: (i) the only place where Continental philosophy exists (as Euro-Communism one decade ago) is America; (...) (ii) less obviously, also analytic philosophy does not exist, or does no more exist as a current or a paradigm; what does exist is, on the one hand, philosophy of language and, on the other, philosophy of mind, that is, two disciplines; (iii) the dissolution of analytic philosophy as a school has been extremely fruitful, precisely in so far as it has left room for disciplines and research programmes; (iv) what is left, of the Anglo-American/Continental cleavage is primarily differences in styles, depending partly on intellectual traditions, partly owing to sociology, history, institutional frameworks; these differences should not be blurred by rash ecumenism; besides, theoretical differences are alive as ever, but within both camps; finally, there is indeed a lag (not a difference) in the appropriation of intellectual techniques by most schools of 'Continental' philosophy, and this should be overcome through appropriation of what the best 'analytic' philosophers have produced. ● Michael Strauss, Language and sense-perception: an aspect of analytic philosophy. To test an assertion about one fact by comparing it with perceived reality seems quite unproblematic. But the very possibility of such a procedure is incompatible with the intellectualistic basis of logical positivism and atomism (as it is for example to be found in Russell's Analysis of Mind). According to the intellectualistic approach pure sensation is meaningless. Sensation receives its meaning and order from the intellect through interpretation, which is performed with the help of linguistic tools, i.e. words and sentences. Before being interpreted, sensation is not a picture or a representation, it is neither true nor false, neither an illusion nor knowledge; it does not tell us anything; it is a lifeless and order-less matter. But how can a thought (or a proposition) be compared with such a lifeless matter? This difficulty confronts the intellectualist, if on the one hand he admits the necessity of comparing thought with sense-perception, and on the other hand presupposes that we possess only intellectual and no immediate perceptual understanding of what we see and hear. In this paper I give a critical exposition of three attempts, made by Russell, Neurath and Wittgenstein, to solve this problem. The first attempt adheres to strict conventionalism, the second tends to naturalism and the third leads to an amended, very moderate version of conventionalism. This amended conventionalism looks at sense impressions as being a peculiar language, which includes primary symbols, i.e. symbols not founded on convention and not being in need of interpretation. ● Ernst Tugendhat, Phenomenology and language analysis. The paper, first published in German in 1970, by which Tugendhat gave a start to the German rediscovery of analytic philosophy. The author stages a confrontation between phenomenology and language analysis. He argues that language analysis does not differ from phenomenology as far as the topics dealt with are concerned; instead, both currents are quite different in method. The author argues that language-analytic philosophy does not simply lay out of the mainstream of transcendental philosophy, but that instead it challenges this tradition on the very level of foundations. The author criticizes the linguistic-analytic approach centred on the subject as well as any object-centred approach, while proposing inter-subjective understanding through language as the new universal framework. This is, when construed in so general terms, the same program of hermeneutics, though in a more basic version. ● Jürgen Habermas, Language game, intention and meaning. On a few suggestions by Sellars and Wittgenstein. The paper, first published in German in 1975, in which Habermas announces his own linguistic turn through a discovery of speech acts. In this essay the author wants to work out a categorical framework for a communicative theory of society; he takes Wittgenstein's concept of language game as a Leitfade and, besides, he takes advantage also of Wilfried Sellars's quasi-transcendental account of the genesis of intentionality. His goal is to single out the problems connected with a theory of consciousness oriented in a logical-linguistic sense. ● Zvie Bar-On, Isomorphism of speech acts and intentional states. This essay presents the problem of the formal relationship between speech acts and intentional states as an essential part of the perennial philosophical question of the relation between language and thought. I attempt to show how this problem had been dealt with by two prominent philosophers of different camps in our century, Edmund Husserl and John Searle. Both of them wrote extensively about the theory of intentionality. I point out an interesting, as it were unintended, continuity of their work on that theory. Searle started where Husserl left off 80 years earlier. Their meeting point could be used as the first clue in our search. They both adopted in effect the same distinction between two basic aspects of the intentional experience: its content or matter, and its quality or mode. Husserl did not yet have the concept of a speech act as contradistinguished from an intentional state. The working hypothesis, however, which he suggested, could be used as a second clue for the further elaboration of the theory. The relationship of the two levels, the mental and the linguistic, which remained for Husserl in the background only, became the cornerstone of Searle' s inquiry. He employed the speech act as the model and analysed the intentional experience by means of the conceptual apparatus of his own theory of speech acts. This procedure enabled him to mark out a number of parallelisms and correlations between the two levels. This procedure explains the phenomenon of the partial isomorphism of speech acts and intentional states. ● Roberta de Monticelli, Ontology. A dialogue among the linguistic philosopher, the naturalist, and the phenomenological philosopher. This paper proposes a comparison between two main ways of conceiving the role and scope of that fundamental part of philosophy (or of "first" philosophy) which is traditionally called "ontology". One way, originated within the analytic tradition, consists of two main streams, namely philosophy of language and (contemporary) philosophy of mind, the former yielding "reduced ontology" and the latter "neo-Aristotelian ontology". The other way of conceiving ontology is exemplified by "phenomenological ontology" (more precisely, the Husserlian, not the Heideggerian version). Ontology as a theory of reference ("reduced" ontology, or ontology as depending on semantics) is presented and justified on the basis of some classical thesis of traditional philosophy of language (from Frege to Quine). "Reduced ontology" is shown to be identifiable with one level of a traditional, Aristotelian ontology, namely the one which corresponds to one of the four "senses of being" listed in Aristotle's Metaphysics: "being" as "being true". This identification is justified on the basis of Franz Brentano's "rules for translation" of the Aristotelian table of judgements in terms of (positive and negative) existential judgments such as are easily translatable into sentences of first order predicate logic. The second part of the paper is concerned with "neo-Aristotelian ontology", i.e. with naturalism and physicalism as the main ontological options underlying most of contemporary discussion in the philosophy of mind. The qualification of such options as "neo-Aristotelian" is justified; the relationships between "neo-Aristotelian ontology" and "reduced ontology" are discussed. In the third part the fundamental tenet of "phenomenological ontology" is identified by the thesis that a logical theory of existence and being does capture a sense of "existing" and "being" which, even though not the basic one, is grounded in the basic one. An attempt is done of further clarifying this "more basic" sense of "being". An argument making use of this supposedly "more basic" sense is advanced in favour of a "phenomenological ontology". ● Kuno Lorenz, Analytic Roots in Dialogic Constructivism. Both in the Vienna Circle ad in Russell's early philosophy the division of knowledge into two kinds (or two levels), perceptual and conceptual, plays a vital role. Constructivism in philosophy, in trying to provide a pragmatic foundation - a knowing-how - to perceptual as well as conceptual competences, discovered that this is dependent on semiotic tools. Therefore, the "principle of method" had to be amended by the "principle of dialogue". Analytic philosophy being an heir of classical empiricism, conceptually grasping the "given", and constructive philosophy being an heir of classical rationalism, perceptually providing the "constructed", merge into dialogical constructivism, a contemporary development of ideas derived especially from the works of Charles S. Peirce (his pragmatic maxim as a means of giving meaning to signs) and of Ludwig Wittgenstein (his language games as tools of comparison for understanding ways of life). 7. Albrecht Wellmer, "Autonomy of meaning" and "principle of charity" from the viewpoint of the pragmatics of language. In this essay I present an interpretation of the principle of the autonomy of meaning and of the principle of charity, the two main principles of Davidson's semantic view of truth, showing how both principles may fit in a perspective dictated by the pragmatics of language. I argue that (I) the principle of the autonomy of meaning may be thoroughly reformulated in terms of the pragmatics of language, (ii) the principle of charity needs a supplement in terms of pragmatics of language in order to become really enlightening as a principle of interpretation. Besides, I argue that: (i) on the one hand, the fundamental thesis of Habermas on the pragmatic theory of meaning ("we understand a speech act when we know what makes it admissible") is correlated with the seemingly intentionalist thesis according to which we understand a speech act when we know what a speaker means; (ii) on the other hand, to say that the meaning competence of a competent speaker is basically a competence about a potential of reasons (or also of possible justifications) which is inherently connected with the meaning of statements, or with their use in utterances. ● Rüdiger Bubner, The convergence of analytic and hermeneutic philosophy This paper argues that the analytic philosophy does not exist, at least as understood by its original programs. Differences in the analytic camp have always been bigger than they were believed to be. Now these differences are coming to the fore thanks to a process of dissolution of dogmatism. Philosophical analysis is led by its own inner logic towards questions that may be fairly qualified as hermeneutic. Recent developments in analytic philosophy, e.g. Davidson, seem to indicate a growing convergence of themes between philosophical analysis and hermeneutics; thus, the familiar opposition of Anglo-Saxon and Continental philosophy might soon belong to history. The fact of an ongoing appropriation of analytical techniques by present-day German philosophers may provide a basis for a powerful argument for the unity of philosophizing, beyond its strained images privileging one technique of thinking and rejecting the remainder. Actual philosophical practice should take the dialogue between the two camps more seriously; in fact, the processes described so far are no danger to philosophical work. They may be a danger for parochial approaches to philosophizing; indeed, contrary to what happens in the natural sciences, Thomas Kuhn's "normal science" developing within the framework of one fixed paradigm is not typical for philosophical thinking. And in philosophy innovating revolutions are symptoms more of vitality than of crisis. ● Karl-Otto Apel, The impact of analytic philosophy on my intellectual biography. In my paper I try to reconstruct the history of my Auseinandersetzung mit - as I called it - "language-analytical" philosophy (including even Peircean semiotics) since the late Fifties. The heuristics of my study was predetermined by two main motives of my beginnings: the hermeneutic turn of phenomenology and the transformation of "transcendental philosophy" in the light of the "language a priori". Thus, I took issue with the early and the later Wittgenstein, logical positivism, and post-Wittgensteinian and post-empiricist philosophy of science (i.e. G.H. von Wright and the renewal of the "explanation vs understanding controversy" as well as the debate between Th. Kuhn and Popper/Lakatos); besides, with speech act theory and the debate about "transcendental arguments" since Strawson. The "pragmatic turn", started already by C.L. Morris and the later Carnap, led me to study also the relationship between Wittgensteinian "use" theory of meaning and of truth. This resulted on my side in something like a program of "transcendental semiotics", i.e. "transcendental pragmatics" and "transcendental hermeneutics". ● Ben-Ami Scharfstein, A doubt on both their houses: the blindness to non-western philosophies. The burden of my criticism is that contemporary European philosophers of all kinds have continued to think as if there were no true philosophy but that of the West. For the most part, the existentialists have been oblivious of their Eastern congeners; the hermeneuticians have yet to stretch their horizons beyond the most familiar ones; and the analysts remain unaware of the analyses and linguistic sensitivities of the ancient non-European philosophers. Briefly, ignorance still blinds almost all contemporary Western philosophers to the rich, variegated philosophical traditions outside of their familiar orbit. Both Continental and Anglo-Americans have lost the breadth of view that once characterized such thinkers as Herder and the Humboldts. The blindness that has resulted is not simply that of individual Western philosophers but of our whole, still parochial philosophical culture. (shrink)

If there is to be any progress in the debate about what sort of positive moral status Kant can give the emotions, we need a taxonomy of the terms Kant uses for these concepts. It used to be thought that Kant had little room for emotions in his ethics. In the past three decades, Marcia Baron, Paul Guyer, Barbara Herman, Nancy Sherman, Allen Wood and others have argued otherwise. Contrary to what a cursory reading of the Groundwork may indicate, Kant (...) thinks the emotions play an important role in the moral life. I want to extend the work of Baron, Guyer, Herman, Sherman and Wood in three ways. First, I will set out in a diagram Kant's taxonomy of feelings and emotions. Agreement on such a taxonomy should make it easier to evaluate debates about Kant and the emotions. Second, I will focus on a certain subclass of emotions – reason-caused affects – that have previously received little attention, even from these Kant scholars. Third, these scholars base much of their defence of Kant on his later works – especially the Metaphysics of Morals and the Anthropology – but Kant's fairly rich taxonomy of the emotions, including reason-caused affects, is clearly in place at least as early as the Critique of Judgment . I believe that the Critique of Judgment is an importantly ignored resource for understanding the moral role of the emotions for Kant. The third Critique makes positive, philosophically interesting claims about the emotions and morality. Kant emphasizes certain roles for emotions in this work that he develops to the same extent nowhere else. Nevertheless, the Critique of Judgment goes all but unmentioned by many who write on these issues. In what follows, I will defend as many of my claims as possible using the third Critique. (shrink)

Aristotle claims that in some extenuating circumstances, the correct response to the wrongdoer is sungnōmē rather than blame. Sungnōmē has a wide spectrum of meanings that include aspects of sympathy, pity, fellow-feeling, pardon, and excuse, but the dominant interpretation among scholars takes Aristotle’s meaning to correspond most closely to forgiveness. Thus, it is commonly held that the virtuous Aristotelian agent ought to forgive wrongdoers in specific extenuating circumstances. Against the more popular forgiveness interpretation, I begin by defending a positive account (...) of sungnōmē as the correct judgment that a wrongdoer deserves excuse since she was not blameworthy. I then argue that since sungnōmē is merited on the grounds of fairness, this shows that both the forgiveness interpretation and a third, alternative interpretation of sungnōmē as sympathy mischaracterize both the justification for sungnōmē and its nature. Moreover, I argue that Aristotle not only lacks an account of forgiveness but in fact, that his account of blame is incompatible with forgiveness altogether. (shrink)

A famous Indian argument for jus ad bellum and jus in bello is presented in literary form in the Mahābhārata: it involves events and dynamics between moral conventionalists (who attempt to abide by ethical theories that give priority to the good) and moral parasites (who attempt to use moral convention as a weapon without any desire to conform to these expectations themselves). In this paper I follow the dialectic of this victimization of the conventionally moral by moral parasites to its (...) philosophical culmination in the fateful battle, which the Bhagavad Gītā precedes. Arjuna’s lament is an internalization of the logic of conventional moral expectations that allowed moral parasitism, and Krishna’s push for a purely procedural approach to moral reasoning (bhakti yoga) does away with the good as a primitive of explanation and provides the moral considerations that allow us to see that the jus ad bellum and jus in bello coincide: the just cause is the approximation to the procedural ideal (the Lord), which is also just conduct. Jeff McMahan is correct in claiming that it is wrong for the unjust to attack the just. But it is also not obviously correct that it is the same set of moral considerations in war and peace that mark out the sides, for peace is largely characterizable by conventional morality, which all are forced to abandon in war. Walzer is correct that there are different sets of standards at play at war and peace, and that getting hands dirty in immorality is a price worth paying in war, but Walzer is thereby incorrect for a subtle reason: conventional standards by way of which jus ad bellum and jus in bello appear corrupt are themselves actually corrupt when the need for a just war arises. It is because moral parasites use conventional morality as a means of hostility and not as a means of fair, inclusive social interaction that conventional morality is corrupted and turned into a tool of the unjust. It is hence unjust to employ these standards to judge those whose cause is just, though such a judgement is conventional. Those who fight for a just cause thereby justly get their hands dirty by departing from conventional moral standards. But this is to the disadvantage of parasites who can only function in a climate where the conventionally good are constrained by conventional morality. Just war so understood deprives parasites their weapon of choice. (shrink)

This paper has two goals. The first is to argue that the field of bioethics in general and the literature on ideal vs. nonideal theory in particular has underemphasized a primary problem for normative theorizing: the role of conditioning principles. I define these as principles that implicitly or explicitly ground, limit, or otherwise determine the construction and function of other principles, and, as a result, profoundly impact concept formation, perception, judgment, and action, et al. The second is to demonstrate (...) that ableism is one such conditioning principle and that it undermines the field of bioethics and the practice of biomedicine from achieving the aim of justice as fairness. After briefly addressing the history and critiques of principlism in bioethics, I lay out and defend my account of conditioning principles. I then argue that ableism is one such principle and demonstrate it at work through an analysis of a storied debate between Eva Kittay, Peter Singer, and Jeff McMahan. In conclusion, I contend that the ethical and philosophical dangers of conditioning principles are too easily exacerbated by ideal theory frameworks, and I do so by demonstrating how they are especially liable to generate epistemic injustice, especially contributory and hermeneutical injustice. (shrink)

Is it always morally wrong to violate a law and in doing so does one necessarily act badly? I argue that whether in breaking a law one acts badly depends on considerations unique to the particular act of lawbreaking. The moral judgment in question is deeply contextual and cannot be settled by appeal to blanket moral rules such as that it is wrong to break (any) law. The argument is made by focusing on the example of a runner having (...) to decide whether to disobey the law against trespass. If in trespassing one acts badly it is not because there is a prima facie moral obligation to obey law. Theories of political obligation which ground an obligation to obey law in the principles of fairness or gratitude or in consent all fail to provide a persuasive reason not to trespass given a particular fact situation. I argue that when it is morally wrong to trespass it is morally wrong not because one has broken the law, but because and insofar as one has violated reasonable expectations of privacy. Whether there is a reasonable expectation of privacy in one's property depends in part on the character of the property in question. (shrink)

Existing discussions about automated decision-making focus primarily on its inputs and outputs, raising questions about data collection and privacy on one hand and accuracy and fairness on the other. Less attention has been devoted to critically examining the temporality of decision-making processes—the speed at which automated decisions are reached. In this paper, I identify four dimensions of algorithmic speed that merit closer analysis. Duration (how much time it takes to reach a judgment), timing (when automated systems intervene in the (...) activity being evaluated), frequency (how often evaluations are performed), and lived time (the human experience of algorithmic speed) are interrelated, but distinct, features of automated decision-making. Choices about the temporal structure of automated decision-making systems have normative implications, which I describe in terms of "disruption," "displacement," "re-calibration," and "temporal fairness," with values such as accuracy, fairness, accountability, and legitimacy hanging in the balance. As computational tools are increasingly tasked with making judgments about human activities and practices, the designers of decision-making systems will have to reckon, I argue, with when—and how fast—judgments ought to be rendered. Though computers are capable of reaching decisions at incredible speeds, failing to account for the temporality of automated decision-making risks misapprehending the costs and benefits automation promises. (shrink)

I argue that the scope of rational framing effects may be broader than Bermúdez assumes. Even in many “canonical experiments,” the explanation of the judgment reversals or shifts may refer to reasons, including moral ones. Referring to the Asian disease paradigm (ADP), I describe how non-consequentialist reasons related to fairness and the distinction between doing and allowing may help explain and justify the typical pattern of choices in the cases like ADP.

Utilitarianism is the strand of moral philosophy that holds that judgment of whether an act is morally right or wrong, hence whether it ought to be done or not, is primarily based upon the foreseen consequences of the act in question. It has a bad reputation in military ethics because it would supposedly make military expedience override all other concerns. Given that the utilitarian credo of the greatest happiness for the greatest number is in fact agent-neutral, meaning that the (...) consequences to everyone should weigh equally, this critique of utilitarianism is not entirely fair. By focusing on some anomalies in both the principle of double effect and in our tendency to give priority to the interests of those who are near and dear to us, this article argues that there is something to be said for a military ethic that attaches less weight to intentions, and more to the consequences. (shrink)

Many accounts of the moral duty to obey the law either restrict the duty to ideal democracies or leave the duty’s application to non-ideal societies unclear. This article presents and defends a partial account of the moral duty to obey the law in non-ideal societies, focusing on the duty to obey judicial orders. We need public judicial authority to prevent objectionable power relationships that can result from disputes about private agreements. The moral need to prevent power imbalances in private relationships (...) grounds a qualified moral duty to obey judicial decisions. The parties to a dispute are morally required to comply with a judicial order in their dispute if all of the following conditions obtain: the parties’ dispute was in good faith, the court’s resolution of the dispute is more impartial than either party’s own judgment, the order does not call for violation of important natural duties or important artificial duties that the duty-bearer incurred involuntarily, and the primary aim of disobeying the court order would be to advance an ordinary, non-political project, not to call public attention to an injustice. The moral duty to obey judicial decisions can survive significant departures from ideal fairness. (shrink)

A number of philosophers have defended the view that seemingly intellectually arrogant behaviours are epistemically beneficial. In this chapter I take issue with most of their conclusions. I argue, for example, that we should not expect steadfastness in one's belief in the face of contrary evidence nor overconfidence in one’s own abilities to promote better evaluation of the available evidence resulting in good-quality group-judgement. These features of individual thinkers are, on the contrary, likely to lead groups to end up in (...) stalemates and to polarise over issues. It is true that groups benefit from including members that, prior to discussion, hold diverse views. But disagreement benefits group judgement only when it is transient, rather than entrenched. That is, groups reach better quality conclusions when a number of diverse opinions are disseminated and evaluated fairly before reaching a consensus. If this is right, it would seem that individual qualities, such as open-mindedness and even-handedness about the epistemic value of opinions other than one's own, rather than steadfastness or overconfidence are conducive to better quality group judgement. (shrink)

Racial discrimination uses race as grounds to discriminate in the treatment owed to others; sexual discrimination uses people’s sexual features as grounds for determining how they should be treated compared to others. Analogously, statistical discrimination treats statistical inferences about the groups to which individuals belong as grounds for discriminating amongst them in thought, word and deed. Examples of statistical discrimination include the employer who won’t hire women of childbearing age, because they are likely to take maternity leave at some point (...) in their careers; or insurers who wish to charge more to young drivers than to more experienced ones, because they are more likely to have accidents than the latter – or to favour women over men in the cost of premiums for similar reasons. Finally, a famous – infamous – example of statistical discrimination is racial profiling for police purposes, where statistical evidence of differential propensities to crime are used to justify preventive police measures, such as ‘stop and search’, which mainly target young black men, and other racialized minorities. The philosophical appeal of the concept of statistical discrimination is fairly easy to see: it draws our attention to the way that probabilistic claims figure, or might figure, in the distribution of social costs and benefits such as jobs, security, insurance. It therefore gives us a way to test our moral intuitions across different cases, enables us to see how far our moral judgements can be generalised, and whether they have been affected by particularly emotive examples, or by the particular features of a real or hypothetical case. But does that mean that statistical discrimination is unproblematic? This article takes issue with some arguments of Kasper Lippert Rasmussen on the topic. (shrink)

Social media platforms have been rapidly increasing the number of informational labels they are appending to user-generated content in order to indicate the disputed nature of messages or to provide context. The rise of this practice constitutes an important new chapter in social media governance, as companies are often choosing this new “middle way” between a laissez-faire approach and more drastic remedies such as removing or downranking content. Yet information labeling as a practice has, thus far, been mostly tactical, reactive, (...) and without strategic underpinnings. In this paper, we argue against defining success as merely the curbing of misinformation spread. The key to thinking about labeling strategically is to consider it from an epistemic perspective and to take as a starting point the “social” dimension of online social networks. The strategy we articulate emphasizes how the moderation system needs to improve the epistemic position and relationships of platform users — i.e., their ability to make good judgements about the sources and quality of the information with which they interact on the platform — while also appropriately respecting sources, seekers, and subjects of information. A systematic and normatively grounded approach can improve content moderation efforts by providing clearer accounts of what the goals are, how success should be defined and measured, and where ethical considerations should be taken into consideration. We consider implications for the policies of social media companies, propose new potential metrics for success, and review research and innovation agendas in this regard. (shrink)

An extract from Williams' The Ground of Induction (1947): "The sober amateur who takes the time to follow recent philosophical discussion will hardly resist the impression that much of it, in its dread of superstition and dogmatic reaction, has been oriented purposely toward skepticism: that a conclusion is admired in proportion as it is skeptical; that a jejune argument for skepticism will be admitted where a scrupulous defense of knowledge is derided or ignored; that an affirmative theory is a mere (...) annoyance to be stamped down as quickly as possible to a normal level of denial and defeat. It is an age which most admires the man who, as somebody has said, 'has a difficulty for every solution'. Whether or not this judgment is fair, however, it is safe to say, with Whitehead, that 'the theory of induction is the despair of philosophy - and yet all our activities are based upon it'. [A.N. Whitehead, Science and the Modern World (New York, 1925, p. 35] So prodigious a theoretical contretemps cannot remain a tempest in the professors' teapot. The news that no foundation is discoverable for the procedures of empirical intelligence, and still more the proclaimed discovery that there is no foundation, and still more the complacency which recommends that we reconcile ourselves to the lack, condemn the problem as a 'pseudoproblem', and proceed by irrational faith or pragmatic postulate, will slowly shatter civilized life and thought, to a degree which will make the modernist's loss of confidence in Christian supernaturalism, so often cited as the ultimate in spiritual cataclysms, seem a minor vicissitude. The demand that rational man adjust himself to a somewhat bleaker universe than he once hoped for is only one large and picturesque instance of the sort of re-orientation which inductive intelligence, in its very nature,continually imposes, and well within the proved capacities of human reason and good-will.. (shrink)

The goal of this dissertation is to specify the feasibility conditions of compromise. More specifically, the goal of this dissertation is to specify the conditions of increasing the feasibility of compromise. The underlying assumption here is that feasibility is a scalar concept, meaning that a socio-political ideal can be feasible to different degrees (Lawford-Smith 2013). In order to specify the conditions of increasing the feasibility of compromise, it is necessary to first identify potential feasibility constraints. The main chapters of this (...) dissertation are devoted to this task. -/- My research identifies two kinds of feasibility constraints that compromise potentially faces: A psychological feasibility constraint on realizing moral compromise (i.e. compromise on moral issues) and a structural feasibility constraint on realizing fair compromise. The psychological feasibility constraint consists in what I call an “affective aversion” to compromise. Affective aversion designates a deep emotional reluctance to compromise on moral values, which, I propose, can be reduced by cultivating an affective attitude of respect for other persons. The structural feasibility constraint refers to the process through which a compromise is achieved. I argue that if a fair compromise is the goal, the process of compromising needs to be based on deliberation rather than on the negotiation or bargaining processes that are commonly associated with compromise. Based on these results, my research indicates a) that an affective cultivation of respect is a condition for increasing the feasibility of moral compromise; and b) that deliberation, not negotiation or bargaining, is a condition for increasing the feasibility of fair compromise. (shrink)

Wilson's book has two aims: a metaethical aim, to provide a non-moral-realist account of moral judgment and moral theorizing in terms of preferences for certain 'paraworlds' over other 'paraworlds,' and a normative ethical aim, to argue for greater socio-economic, and gender, equality. I am sympathetic to the second normative ethical aim, but I do not consider the metaethical redescription of moral judgment and moral theorizing in terms of preferences for paraworlds to be accurate or helpful. Her critique of (...) "immanentism," or merely making visible and understandable the moral aspects of particular ways of life, in the second part of the book, is valuable, along with her criticisms of virtue theory as the most conservative of the Big Three moral theories. Her rejection of Rawlsian redistribution, in favor of a qualified egalitarianism that includes merit, is also worthy of consideration. (shrink)

Typically, fair machine learning research focuses on a single decision maker and assumes that the underlying population is stationary. However, many of the critical domains motivating this work are characterized by competitive marketplaces with many decision makers. Realistically, we might expect only a subset of them to adopt any non-compulsory fairness-conscious policy, a situation that political philosophers call partial compliance. This possibility raises important questions: how does partial compliance and the consequent strategic behavior of decision subjects affect the allocation (...) outcomes? If k% of employers were to voluntarily adopt a fairness-promoting intervention, should we expect k% progress (in aggregate) towards the benefits of universal adoption, or will the dynamics of partial compliance wash out the hoped-for benefits? How might adopting a global (versus local) perspective impact the conclusions of an auditor? In this paper, we propose a simple model of an employment market, leveraging simulation as a tool to explore the impact of both interaction effects and incentive effects on outcomes and auditing metrics. Our key findings are that at equilibrium: (1) partial compliance by k% of employers can result in far less than proportional (k%) progress towards the full compliance outcomes; (2) the gap is more severe when fair employers match global (vs local) statistics; (3) choices of local vs global statistics can paint dramatically different pictures of the performance vis-a-vis fairness desiderata of compliant versus non-compliant employers; (4) partial compliance based on local parity measures can induce extreme segregation. Finally, we discuss implications for auditors and insights concerning the design of regulatory frameworks. (shrink)

This essay explores a conception of responsibility at work in moral and criminal responsibility. Our conception draws on work in the compatibilist tradition that focuses on the choices of agents who are reasons-responsive and work in criminal jurisprudence that understands responsibility in terms of the choices of agents who have capacities for practical reason and whose situation affords them the fair opportunity to avoid wrongdoing. Our conception brings together the dimensions of normative competence and situational control, and we factor (...) normative competence into cognitive and volitional capacities, which we treat as equally important to normative competence and responsibility. Normative competence and situational control can and should be understood as expressing a common concern that blame and punishment presuppose that the agent had a fair opportunity to avoid wrongdoing. This fair opportunity is the umbrella concept in our understanding of responsibility, one that explains it distinctive architecture. (shrink)

If dangerous climate change is to be avoided, it is vital that carbon sinks such as tropical rainforests are protected. But protecting them has costs. These include opportunity costs: the potential economic benefits which those who currently control rainforests have to give up when they are protected. But who should bear those costs? Should countries which happen to have rainforests within their territories sacrifice their own economic development, because of our broader global interests in protecting key carbon sinks? This essay (...) develops an argument from the “principle of fairness,” which seeks to establish that outsiders should pay states with rainforests so as to share the costs of protection. If they do not, they can be condemned for free-riding on forest states. The argument is, I suggest, compelling and also capable of enjoying support from adherents of a wide variety of positions on global justice. (shrink)

Motivational judgement internalists hold that there is a necessary connection between moral judgments and motivation. There is, though, an important lack of clarity in the literature about the types of moral evaluation the theory is supposed to cover. It is rarely made clear whether the theory is intended to cover all moral judgements or whether the claim covers only a subset of such judgements. In this paper I will investigate which moral judgements internalists should hold their theory to apply to. (...) I will argue that the possibility of the supererogation amoralist, someone who makes genuine supererogation judgements but remains unmotivated by them, makes it implausible to be an internalist about moral goodness. As a result, internalists should restrict their claim to moral requirement judgements. I will then argue that this creates an explanatory burden for Internalism. In order for their view to be plausible they must explain why some moral judgements and not others are necessarily connected to motivation. (shrink)

This article presents a fairness principle for evaluating decision-making based on predictions: a decision rule is unfair when the individuals directly impacted by the decisions who are equal with respect to the features that justify inequalities in outcomes do not have the same statistical prospects of being benefited or harmed by them, irrespective of their socially salient morally arbitrary traits. The principle can be used to evaluate prediction-based decision-making from the point of view of a wide range of antecedently specified (...) substantive views about justice in outcome distributions. (shrink)

The aggregation of individual judgments over interrelated propositions is a newly arising field of social choice theory. I introduce several independence conditions on judgment aggregation rules, each of which protects against a specific type of manipulation by agenda setters or voters. I derive impossibility theorems whereby these independence conditions are incompatible with certain minimal requirements. Unlike earlier impossibility results, the main result here holds for any (non-trivial) agenda. However, independence conditions arguably undermine the logical structure of judgment aggregation. (...) I therefore suggest restricting independence to premises, which leads to a generalised premise-based procedure. This procedure is proven to be possible if the premises are logically independent. (shrink)

From the school yard to the workplace, there’s no charge more damning than “you’re being unfair!” Born out of democracy and raised in open markets, fairness has become our de facto modern creed. The very symbol of American ethics—Lady Justice—wears a blindfold as she weighs the law on her impartial scale. In our zealous pursuit of fairness, we have banished our urges to like one person more than another, one thing over another, hiding them away as dirty secrets of our (...) humanity. In Against Fairness, polymath philosopher Stephen T. Asma drags them triumphantly back into the light. Through playful, witty, but always serious arguments and examples, he vindicates our unspoken and undeniable instinct to favor, making the case that we would all be better off if we showed our unfair tendencies a little more kindness—indeed, if we favored favoritism. Conscious of the egalitarian feathers his argument is sure to ruffle, Asma makes his point by synthesizing a startling array of scientific findings, historical philosophies, cultural practices, analytic arguments, and a variety of personal and literary narratives to give a remarkably nuanced and thorough understanding of how fairness and favoritism fit within our moral architecture. Examining everything from the survival-enhancing biochemistry that makes our mothers love us to the motivating properties of our “affective community,” he not only shows how we favor but the reasons we should. Drawing on thinkers from Confucius to Tocqueville to Nietzsche, he reveals how we have confused fairness with more noble traits, like compassion and open-mindedness. He dismantles a number of seemingly egalitarian pursuits, from classwide Valentine’s Day cards to civil rights, to reveal the envy that lies at their hearts, going on to prove that we can still be kind to strangers, have no prejudice, and fight for equal opportunity at the same time we reserve the best of what we can offer for those dearest to us. Fed up with the blue-ribbons-for-all absurdity of "fairness" today, and wary of the psychological paralysis it creates, Asma resets our moral compass with favoritism as its lodestar, providing a strikingly new and remarkably positive way to think through all our actions, big and small. (shrink)

Are aesthetic judgements cognitive, belief-like states or non-cognitive, desire-like states? There have been a number of attempts in recent years to evaluate the plausibility of a non-cognitivist theory of aesthetic judgements. These attempts borrow heavily from non-cognitivism in metaethics. One argument that is used to support metaethical non-cognitivism is the argument from Motivational Judgement Internalism. It is claimed that accepting this view, together with a plausible theory of motivation, pushes us towards accepting non-cognitivism. A tempting option, then, for those wishing (...) to defend aesthetic non-cognitivism, would be to appeal to a similar argument. However, both Caj Strandberg and Walter Sinnott-Armstong have argued that Internalism is a less plausible claim to make about aesthetic judgements than about moral judgements by raising objections against aesthetic internalism. In this paper, I will argue that both of these objections can be raised against internalism about moral judgements as well. As a result, internalism is no less plausible a claim to make about aesthetic judgements than about moral judgements. I will then show how a theory of internalism about normative judgements in general is capable of avoiding both of these objections. (shrink)

In this paper I present reasons for us to accept the hypothesis that suspended judgment has correctness conditions, just like beliefs do. Roughly put, the idea is that suspended judgment about p is correct when both p and ¬p might be true in view of certain facts that characterize the subject’s situation. The reasons to accept that hypothesis are broadly theoretical ones: it adds unifying power to our epistemological theories, it delivers good and conservative consequences, and it allows (...) us to assess processes of reasoning involving attitudes of suspended judgment. (shrink)

Several recent results on the aggregation of judgments over logically connected propositions show that, under certain conditions, dictatorships are the only propositionwise aggregation functions generating fully rational (i.e., complete and consistent) collective judgments. A frequently mentioned route to avoid dictatorships is to allow incomplete collective judgments. We show that this route does not lead very far: we obtain oligarchies rather than dictatorships if instead of full rationality we merely require that collective judgments be deductively closed, arguably a minimal condition of (...) rationality, compatible even with empty judgment sets. We derive several characterizations of oligarchies and provide illustrative applications to Arrowian preference aggregation and Kasher and Rubinsteinís group identification problem. (shrink)

In Kant’s logical texts the reference of the form S is P to an “unknown = x” is well known, but its understanding still remains controversial. Due to the universality of all concepts, the subject as much as the predicate is regarded as predicate of the x, which, in turn, is regarded as the subject of the judgment. In the CPR, this Kantian interpretation of the S-P relationship leads to the question about the relations between intuition and concept in (...) judgment. In contrast to intuition, if no concept, due to its universality, refers immediately to an object, how should one understand the relations of S and P to one another, as well as their relations to intuition, which corresponds to the possible individuality of the object in general = x? To answer this question, it is necessary to understand Kant’s notion of extension, and to prove its irreducibility to the Port-Royal notion of extension as well as to the Fregean one. (shrink)