My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms (...) of formal equality of opportunity (e.g., sensitivity training, outreach efforts, external monitoring and enforcement) and compensating support (e.g., special fellowship programs, childcare facilities, mentoring, co-op opportunities, etc.) can be justified, but that "hard" and even "soft" quotas are difficult to defend under any conditions. I conclude the paper by exploring the implications of these surprising results for contemporary liberalism more broadly and for constitutional law and public policy. (shrink)

Affirmative action is standardly pursued in relation to admissions to prestigious universities, in hiring for prestigious jobs, and when it comes to being elected to parliament. Central to these forms of affirmative action is that they have to do with competitive goods. A good is competitive when, if we improve A’s chances of getting the good, we reduce B’s chances of obtaining the good. I call this Competitive Affirmative Action. I distinguish this from Non-competitive (...) Affirmative Action. The latter has to do with non-competitive goods, e.g., being granted early parole or freedom from arbitrary arrest. I argue that some of the most prominent objections against affirmative action—in particular, the reverse discrimination objection and the merit objection—speak less against Non-competitive Affirmative Action. And that some of the most prominent arguments in favor of affirmative action, insofar as they justify Competitive Affirmative Action, also justify Non-competitive Affirmative Action. (shrink)

I defend impact-based accounts of institutional racism against the criticism that they are over-inclusive. If having a negative impact on non-whites suffices to make an institution racist, too many institutions (including institutions whose affirmative action policies inadvertently harm its intended beneficiaries) would count as racist. To address this challenge, I consider a further necessary condition for these institutions to count as racist—they must stand in a particular relation to racist ideology. I argue that, on the impact-based model, institutions (...) are racist if they have a negative racial impact AND this impact is legitimized by racist ideology. Racist ideologies limit social criticism of and collective action against institutions that have a negative racial impact, and in so doing, lend stability to systems of racial domination. (shrink)

Affirmative action continues to divide. My aim in this paper is to present participants in the debate with a new distinction, namely one between negative and positive affirmative action. Whereas positive affirmative action has to do with certain goods, such as a place at a prestigious university or a job at a prestigious company, negative affirmative action has to do with certain bads, such as a firing or a sentence. I then argue (...) that some of the most prominent arguments in favor of affirmative action speak at least as much in favor of negative as positive affirmative action. At the same time, at least one of the most prominent arguments put forward against affirmative action speak less against negative affirmative action. Thus, the paper should redraw the battle lines in the affirmative action debate. (shrink)

This article investigates the hitherto under-examined relations between affirmative action, paternalism and respect. We provide three main arguments. First, we argue that affirmative action initiatives are typically paternalistic and thus disrespectful towards those intended beneficiaries who oppose the initiatives in question. Second, we argue that not introducing affirmative action can also be disrespectful towards these potential beneficiaries because such inaction involves a failure to adequately recognize their moral worth. Third, we argue that the paternalistic (...) disrespect involved in affirmative action is alleviated when the potential beneficiaries’ preferences against such initiatives are adaptive. We conclude that although there is a relevant sense in which paternalistic affirmative action is disrespectful, it may well be more disrespectful not to pursue such policies. (shrink)

According to the relational egalitarian theory of justice, justice requires that people relate as equals. To relate as equals, many relational egalitarians argue, people must (i) regard each other as equals, and (ii) treat each other as equals. In this paper, we argue that, under conditions of background injustice, such relational egalitarians should endorse affirmative action in the ways in which (dis)esteem is attributed to people as part of the regard-requirement for relating as equals.

There is widespread agreement among both supporters and opponents that affirmative action either must not violate any principle of equal opportunity or procedural justice, or if it does, it may do so only given current extenuating circumstances. Many believe that affirmative action is morally problematic, only justified to the extent that it brings us closer to the time when we will no longer need it. In other words, those that support affirmative action believe it (...) is acceptable in nonideal theory, but not ideal theory. This paper argues that affirmative action is entirely compatible with equal opportunity and procedural justice and would be even in an ideal world. I defend a new analysis of Rawlsian procedural justice according to which it is permissible to interfere in the outcomes of procedures, and thus I show that affirmative action is not morally problematic in the way that many have supposed. (shrink)

Rival applied ethicists have constructed arguments for and against affirmative action independently of Rawls’s theory of justice. Those arguments do not resolve the dispute about affirmative action. I reformulate them with the use of Rawls’s theory of justice and conclude that the reformulated arguments do not resolve the dispute about affirmative action either. Therefore, Rawls’s theory of justice is not useful in resolving the dispute about affirmative action. This point applies to (...) class='Hi'>affirmative action in science, contrary to what some writers suggest. (shrink)

I will claim that the arguments against affirmative action rest on a false premise that is so pervasive it has even many supporters convinced. This is the idea that procedures for awarding jobs and college placements have an independent value and we should avoid rigging them to achieve particular outcomes. This is why many believe that instituting a quota system for college admissions should be avoided, because it unfairly tampers with the admissions procedures that ideally should be left (...) alone. I argue to the contrary that this idea is a conceptual mistake. The outcomes of these procedures are not something we should judge separately from the procedures themselves. The college admissions or job search process cannot be considered fair unless their outcomes are also fair. Exposing this conceptual mistake reveals that affirmative action is by itself morally innocuous. (shrink)

Choice often proceeds in two stages: We construct a shortlist on the basis of limited and uncertain information about the options and then reduce this uncertainty by examining the shortlist in greater detail. The goal is to do well when making a final choice from the option set. I argue that we cannot realise this goal by constructing a ranking over the options at shortlisting stage which determines of each option whether it is more or less worthy of being included (...) in a shortlist. This is relevant to the 2010 UK Equality Act. The Act requires that shortlists be constructed on grounds of candidate rankings and affirmative action is only permissible for equally qualified candidates. This is misguided: Shortlisting candidates with lower expected qualifications but higher variance may raise the chance of finding an exceptionally strong candidate. If it does, then shortlisting such candidates would make eminent business sense and there is nothing unfair about it. This observation opens up room for including more underrepresented candidates with protected characteristics, as they are more likely to display greater variance in the selector’s credence functions at shortlisting stage. (shrink)

Luc Bovens has recently advanced a novel argument for affirmative action, grounded in the plausible idea that it is hard for an employer to evaluate the qualifications of candidates from underrepresented groups. Bovens claims that this provides a profit-maximizing employer with reason to shortlist prima facie less-qualified candidates from underrepresented groups. In this paper, I illuminate three flaws in Bovens’s argument. First, it suffers from model error: A rational employer does not incur costs to scrutinize candidates when it (...) knows their qualifications with perfect certainty, nor does it refuse to hire better-qualified candidates just because they did not require extra scrutiny. Second, Bovens’s core premise--that there is greater variance in the evaluation of underrepresented candidates than there is the evaluation of other candidates--hurts underrepresented candidates rather than helps them. Third, candidates who are not shortlisted for the reasons Bovens gives have a plausible complaint about unfairness in the hiring process. (shrink)

This paper proposes an application of Enrique Dussel’s ethics of liberation to an issue of crucial importance to US minorities: the debate on affirmative action. Over the past fifty years, this debate has been framed in terms of the opposition between advocates of affirmative action who claim that it is needed in order to achieve the integration and participation of traditionally oppressed groups to society without which there is no equality of rights, and critics who argue (...) that affirmative action violates equality by enforcing a double standard that undermines the ideal of a color-blind society. In this paper, I show how the basic principles of Dussel’s ethical theory (which are best expounded in his book Ethics of Liberation) allow us to address what I take to be the main demands of both advocates and critics of affirmative action in a satisfactory way. (shrink)

One prominent criticism of luck egalitarianism is that it requires either shameful revelations or otherwise problematic declarations by the state toward those who have had bad brute luck. Relational egalitarianism, by contrast, is portrayed as an alternative that requires no such revelations or declarations. I argue that this is false. Relational equality requires the state to draft anti-discrimination laws for both state and private action. The ideal of relational egalitarianism requires these laws to be asymmetric, that is to allow (...) affirmative action for disadvantaged groups while prohibiting affirmative action for advantaged groups. Hence, the state needs to make a public declaration on which groups are privileged and which are underprivileged; and individuals need to reveal whether they belong to groups officially declared underprivileged. These declarations are no more problematic in this case than in the case of luck egalitarianism. (shrink)

Martin Luther affirms his theological position by saying “Here I stand. I can do no other.” Supposing that Luther’s claim is true, he lacks alternative possibilities at the moment of choice. Even so, many libertarians have the intuition that he is morally responsible for his action. One way to make sense of this intuition is to assert that Luther’s action is indirectly free, because his action inherits its freedom and moral responsibility from earlier actions when he had (...) alternative possibilities and those earlier directly free actions formed him into the kind of person who must refrain from recanting. Surprisingly, libertarians have not developed a full account of indirectly free actions. I provide a more developed account. First, I explain the metaphysical nature of indirectly free actions such as Luther’s. Second, I examine the kind of metaphysical and epistemic connections that must occur between past directly free actions and the indirectly free action. Third, I argue that an attractive way to understand the kind of derivative moral responsibility at issue involves affirming the existence of resultant moral luck. (shrink)

Most social policies cannot be defended without making inductive inferences. For example, consider certain arguments for racial profiling and affirmative action, respectively. They begin with statistics about crime or socioeconomic indicators. Next, there is an inductive step in which the statistic is projected from the past to the future. Finally, there is a normative step in which a policy is proposed as a response in the service of some goal—for example, to reduce crime or to correct socioeconomic imbalances. (...) In comparison to the normative step, the inductive step of a policy defense may seem trivial. We argue that this is not so. Satisfying the demands of the inductive step is difficult, and doing so has important but underappreciated implications for the normative step. In this paper, we provide an account of induction in social contexts and explore its implications for policy. Our account helps to explain which normative principles we ought to accept, and as a result it can explain why it is acceptable to make inferences involving race in some contexts (e.g., in defense of affirmative action) but not in others (e.g., in defense of racial profiling). (shrink)

This Article doDespite obvious differences in the Aristotelian and Stoic theories of responsibility, there is surprisingly a deeper structural similarity between the two. The most obvious difference is that Aristotle is (apparently) a libertarian and the Stoics are determinists. Aristotle holds adults responsible for all our "voluntary" actions, which are defined by two criteria: the "origin" or cause of the action must be "in us" and we must be aware of what we are doing. An "involuntary" action, for (...) which we are not responsible, is one that fails to meet either one of these two criteria. Aristotle is a libertarian insofar as he insists that all voluntary actions are "in our power" to perform or not. As determinists the Stoics cannot admit this sort of freedom, but they still consider the agent to be a vital link in the chain of events, so they redefine what is "in our power" as what comes about "through us." The terminology is different, but I argue that these actions, for which the Stoics hold us responsible, are in fact coextensive with Aristotle's voluntary actions. An "impression" is the first necessary condition for action, and is a sort of visual image of the object stimulating one to act. The right sort of impression activates the agent's "impulse," an internal movement of soul or mind, which is the direct cause of action. But impulse is always accompanied by "assent," which is the mind's affirming the truth of the proposition that we ought to go after the object stimulating our impulse. Thus, since assent is a necessary condition for action, we always act knowing what we are doing. This means that all actions caused by our own impulse and assent are by Aristotle's criteria voluntary, where impulse provides the internal origin of the action and assent provides the awareness of what is being done. I conclude that the Stoic and Aristotelian classes of what one is responsible for are coextensive, their criteria defining responsible actions are nearly identical, and the only substantial difference is that Aristotle claims such actions are in our power to do or not do while the Stoics say that such actions are necessitated (by our internal nature as well as external factors). es not have an abstract. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...) “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

In this paper we discuss two issues addressed by Stanley in How Propaganda Works: the status of slurs (Section 1) and the notion of positive propaganda (Section 2). In particular, in Section 1 we argue contra Stanley that code words like ‘welfare’ are crucially different from slurs in that the association between the lexical item and an additional social meaning is not as systematic as it is for slurs. In this sense, slurs bring about a special kind of propagandistic effect, (...) even if it typically concerns informal contexts rather than public debates. In Section 2, we consider positive propaganda and its relation to emotional effects. For Stanley, positive propaganda relies on the production of emotional effects, feature which risks to erode rational debates even if there is a good purpose behind. Instead, we argue that positive propaganda can work with no appeal to emotions. To this end, we focus on the use of ‘she’ as the default personal pronoun in academic writing and suggest that this measure can count as positive propaganda which rather than eroding rational debates by relying on emotional effects, closely resembles affirmative action aimed at counterbalance a pre-existing form of injustice and inequality. (shrink)

A -/- abortion and infanticide/ academic freedom/ academics/ action/ act-omission doctrine/ addiction and dependence/ adoption/ advertising/ affirmative action/ age of consent/ age of criminal responsibility/ age of majority/ agent/ aggression/ agriculture/ aid, foreign/ AIDS/ air/ akrasia/ allies/ altruism/ American Civil War (1861-1865)/ American exceptionalism/ American War of Independence (1775–1783)/ anarchic social order/ anarcho-capitalism/ anarchy/ animal rights/ animal welfare/ apartheid/ apathy/ appeasement/ apriorism/ aristocracy/ arms trade/ arms race/ artificial intelligence/ arts and sciences/ assassination/ asset stripping/ asylum seekers/ atomism, (...) social/ Austrian School of economics/ authoritarianism/ authority/ autonomy, intellectual/ axis/ -/- B -/- balance of trade/ balance of power (international)/ banking/ bankruptcy, insolvency, and limited liability/ barriers to entry/ begging/ belief/ betting/ big business/ bigotry/ biodiversity/ bioethics/ black market/ blackmail/ blasphemy/ booms and slumps/ borders, political/ boxing and dangerous sports/ boycott/ bribery/ British Broadcasting Corporation (BBC)/ BSE (Bovine Spongiform Encephalopathy)/ bureaucracy/ business cycles/ . (shrink)

This paper explores the incongruence between white South Africans’ pre- and post-apartheid experiences of home and identity, of which a wave of emigration is arguably a result. Among the commonest reasons given for emigrating are crime and affirmative action; however, this paper uncovers a deeper motivation for emigration using Charles Taylor’s concept of the social imaginary and Martin Heidegger’s concept of dwelling. The skewed social imaginary maintained by apartheid created an unrealistic sense of dwelling for most white South (...) Africans. After 1994, the conditions supporting this imaginary disintegrated. Many white South Africans feel so strong a sense of unease they can no longer dwell in the country. Many try to escape through emigration, but carry unresolved questions of identity and belonging to their new “homes.”. (shrink)

Presently philosophers, social theorists, educationists and legal scholars are busy with issues of contemporary importance such as affirmative actions, animal’s rights, capital punishment, cloning, euthanasia, immigration, pornography, privacy in civil society, values in nature, human rights, cultural values and world hunger etc. Since ancient time ethics is one of the most important part of philosophical speculations and human development. The development of morality comes under three stages viz. intrinsic morality, customary morality and reflective morality. Intrinsic morality has traditionally been (...) thought to lie at the heart of ethics and this is the first stage of morality where the objective is to be moral is to lead one’s life according its basic needs. Customary morality is the second stage of morality, where customs of a particular group and tribe rule the life of the man living in this group and morals based on the customs and traditions of society. Members of the group are motivated to sacrifice their lives to save the culture and norms of the particular group or tribe. In the last reflective morality, man started thinking himself and started to do reflection on their life and contributed to the development of the nation or society where he/she lives. Here he/she is independent to think and follow the best for his life. Reflective morals are those that are based on what you believe to be right and not others. The ideas related to the development of art, values, human rights and quality education etc., all are because of man’s reflection. Reflective morality is the best stage of development of morality in human society. In this paper an attempt is made to draw an outline of development of morality in human life and its application of morality in public and personal life. (shrink)

South Africa is a highly distributively unequal country, and its inequality continues to be largely along racial lines. Such circumstances call for assessment from the perspective of contemporary theories of distributive justice. Three such theories—Rawlsian justice, utilitarianism, and luck egalitarianism—are described and applied. Rawls' difference principle recommends that the worst off be made as well as they can be, a standard which South Africa clearly falls short of. Utilitarianism recommends the maximization of overall societal well-being, a goal which South Africa (...) again fails to achieve given its severe inequality and the fact of the diminishing marginal value of money—that a given amount of money tends to produce more utility for a poor person than it does for a rich person. The final theory, luck egalitarianism, aims to make distributions sensitive to individual exercises of responsibility. This view also objects to South Africa's inequality, this time on the basis that the poor are overwhelmingly worse off through no fault or choice of their own. These major theories of distributive justice therefore all propose large-scale redistribution to the benefit of the (predominantly black) poor. Perhaps more surprisingly, all three views also provide support for socio-economic affirmative action, as opposed to South Africa's race-based Black Economic Empowerment. (shrink)

Collected and edited by Noah Levin -/- Table of Contents: -/- UNIT ONE: INTRODUCTION TO CONTEMPORARY ETHICS: TECHNOLOGY, AFFIRMATIVE ACTION, AND IMMIGRATION 1 The “Trolley Problem” and Self-Driving Cars: Your Car’s Moral Settings (Noah Levin) 2 What is Ethics and What Makes Something a Problem for Morality? (David Svolba) 3 Letter from the Birmingham City Jail (Martin Luther King, Jr) 4 A Defense of Affirmative Action (Noah Levin) 5 The Moral Issues of Immigration (B.M. Wooldridge) 6 (...) The Ethics of our Digital Selves (Noah Levin) -/- UNIT TWO: TORTURE, DEATH, AND THE “GREATER GOOD” 7 The Ethics of Torture (Martine Berenpas) 8 What Moral Obligations do we have (or not have) to Impoverished Peoples? (B.M. Wooldridge) 9 Euthanasia, or Mercy Killing (Nathan Nobis) 10 An Argument Against Capital Punishment (Noah Levin) 11 Common Arguments about Abortion (Nathan Nobis & Kristina Grob) 12 Better (Philosophical) Arguments about Abortion (Nathan Nobis & Kristina Grob) -/- UNIT THREE: PERSONS, AUTONOMY, THE ENVIRONMENT, AND RIGHTS 13 Animal Rights (Eduardo Salazar) 14 John Rawls and the “Veil of Ignorance” (Ben Davies) 15 Environmental Ethics: Climate Change (Jonathan Spelman) 16 Rape, Date Rape, and the “Affirmative Consent” Law in California (Noah Levin) 17 The Ethics of Pornography: Deliberating on a Modern Harm (Eduardo Salazar) 18 The Social Contract (Thomas Hobbes) -/- UNIT FOUR: HAPPINESS 19 Is Pleasure all that Matters? Thoughts on the “Experience Machine” (Prabhpal Singh) 20 Utilitarianism (J.S. Mill) 21 Utilitarianism: Pros and Cons (B.M. Wooldridge) 22 Existentialism, Genetic Engineering, and the Meaning of Life: The Fifths (Noah Levin) 23 The Solitude of the Self (Elizabeth Cady Stanton) 24 Game Theory, the Nash Equilibrium, and the Prisoner’s Dilemma (Douglas E. Hill) -/- UNIT FIVE: RELIGION, LAW, AND ABSOLUTE MORALITY 25 The Myth of Gyges and The Crito (Plato) 26 God, Morality, and Religion (Kristin Seemuth Whaley) 27 The Categorical Imperative (Immanuel Kant) 28 The Virtues (Aristotle) 29 Beyond Good and Evil (Friedrich Nietzsche) 30 Other Moral Theories: Subjectivism, Relativism, Emotivism, Intuitionism, etc. (Jan F. Jacko). (shrink)

Slavery harmed the slaves but not their descendants since slavery brought about their existence. The descendants gain the slaves’ claims via inheritance. However, collecting the inheritance-based claim runs into a number of difficulties. First, every descendant usually has no more than a portion of the slave’s claim because the claim is often divided over generations. Second, there are epistemic difficulties involving the ownership of the claim since it is unlikely that a descendant of a slave several generations removed would have (...) retained the claim of inheritance given the loss of wealth and disinheritance that often characterizes families. There are also problems in determining the amount of inheritance. This is in part because of the problems of calculating in the effects of offsets, especially crime-related offsets, which are owed by a significant portion of the descendants. Even if this inheritance claim can be established with sufficient confidence certain entities may not be asked to pay it. The federal government does not owe compensation since as a historical matter it permitted but did not cause enslavement. The beneficiaries of slavery do not owe compensation since merely receiving the benefit of an unjust activity does not by itself generate a debt of compensation. When combined these problems constitute an overwhelming case against reparations. (shrink)

Women in the labor force are at a disadvantage not only because of continuing discrimination in hiring and promotion, but because of factors extrinsic to the labor market hence adjusting conditions within the labor market will not completely eliminate women's disadvantage. Because, unlike most men, most women do not have spouses to take on the major responsibility of running their homes and caring for their children, the costs of working outside the home, particularly in a professional or managerial capacity, are (...) greater for women than they are for men. Thus, even if ongoing discrimination in the labor market were eliminated, through affirmative action policies or other such remedies, women would still be as a disadvantage relative to men.For women, the costs and benefits of behaving like men are different than they are for their male counterparts. To the extent that the costs and benefits of various policies of action are not the same for women as they are for men, men and women are not equal, therefore, arguably, it is not fair to treat them equally. (shrink)

I start with a brief assessment of the implications of Sterelny’s anti-individualist, anti-internalist apprentice learning model for a more historical and interdisciplinary cognitive science. In a selective response I then focus on two core features of his constructive account: collaboration and skill. While affirming the centrality of joint action and decision making, I raise some concerns about the fragility of the conditions under which collaborative cognition brings benefits. I then assess Sterelny’s view of skill acquisition and performance, which runs (...) counter to dominant theories that stress the automaticity of skill. I suggest that it may still overestimate the need for and ability of experts to decompose and represent the elements of their own practical knowledge. (shrink)

History witnesses alternative approaches to “the proposition”. The proposition has been referred to as the object of belief, disbelief, and doubt: generally as the object of propositional attitudes, that which can be said to be believed, disbelieved, understood, etc. It has also been taken to be the object of grasping, judging, assuming, affirming, denying, and inquiring: generally as the object of propositional actions, that which can be said to be grasped, judged true or false, assumed for reasoning purposes, etc. The (...) proposition has also been taken to be the subject of truth and falsity: generally as the subject of propositional properties, that which can be said to be true, false, tautological, informative, inconsistent,etc. It has also been taken as the subject and object of logical relations, e.g. that which can be said to imply, be implied, contradict, be contradicted, etc. Prima facie, such properties and relations are non-mental and objective. It has also been taken to be the resultants or products of propositional operations, usually mental or linguistic; e.g. judging, affirming, and denying have been held to produce propositions called judgments, affirmations, and negations, respectively. Propositions have also been taken to be certain declarative sentences. Finally,propositions have been taken to be meanings of certain declarative sentences. This essay is an informal, selective, and incomplete survey of alternative approaches to “the proposition” with special attention to the views of the late American philosopher Peter Hare (1935–2008)and of those who influenced him. DOI: 10.5007/1808-1711.2011v15n1p51. (shrink)

Methodological nationalism is the assumption that nation-states are the relevant units for analyzing social phenomena. Most of the social sciences recognized it as a source of bias, but not the ethics of immigration. Is this field biased by methodological nationalism—and if so, to what extent? This article takes nationalism as an implicit bias and provides a method to assess its depth. The method consists in comparing principles that ethicists commonly discuss when immigration is not at stake with principles advocated in (...) the ethics of immigration. To interpret the results, a distinction between mild and heavy bias is established. When a basic principle in ethics is underdiscussed or absent from the ethics of immigration, the field is ‘mildly biased’. When its negation is commonly advocated, the field is ‘heavily biased’. Here, the method is illustrated with two principles: equal opportunity and reparation. They are common in theories of distributive justice and of corrective justice, respectively. But in the ethics of immigration, scholars often argue for the opposite. Instead of equal opportunity, they implicitly support discrimination based on national origin; instead of sanctions or amnesty for the offenders, scholars plead amnesty for those who they otherwise regard as victims. These preliminary results suggest that the field is heavily biased: methodological nationalism seems to turn ethics into its opposite. (shrink)

The essays study from different perspectives, the much discussed and crucial topic of social discrimination, and particularly Dalit exploitation. The work is highly interdisciplinary in nature-relevant for several subjects and disciplines such as political science, sociology, Dalit studies, minority studies, women's studies, anthropology, law, economics This work specifically sets out to explore contemporary manifestations of discrimination that persist in our society through institutions and through norms and practices that define the terms on which certain social groups continue to be excluded. (...) The contributors bring in different critical perspectives from their different disciplines. (shrink)

Social Justice is a concept familiar to most Indians but one whose meaning is not always understood as it signifies a variety of government strategies designed to enhance opportunities for underprivileged groups. By tracing the trajectory of social justice from the colonial period to the present, this book examines how it informs ideas, practices and debates on discrimination and disadvantage today. After outlining the historical context for reservations for scheduled castes and scheduled tribes that began under British colonial rule, the (...) book examines the legal and moral strands of demands raised by newer groups since 1990. In addition the book shows how the development of quota policies has been significantly influenced by the nature and operation of democracy in India. It describes the recent proliferation of quota demands for reservations in higher education, private sector and for women and religious minorities in legislative assemblies. The book goes on to argue that while proliferation of demands address unequal incidence of poverty, deprivation and inequalities across social groups and communities, care has to be taken to ensure that existing justifications for quotas for discriminated groups due to caste hierarchies are not undermined. Providing a rich historical background to the subject, the book is a useful contribution to the study on the evolution of multiple conceptions of social justice in contemporary India. (shrink)

What is the role of intimacy in sex? The two culturally dominant views on this matter both share the implicit assumption that sex is genuinely intimate only when connected to romance, and hence that sex and intimacy stand in a contingent relationship: it is possible to have good sex without it. Liberals embrace this possibility and affirm the value of casual sex, while conservatives attempt to safeguard intimacy by insisting on romantic exclusivity. I reject their shared assumption and argue for (...) a necessary connection between intimacy and sex, in that sexual activity as such aims at a specific form of intimacy, irrespective of whether it takes place in casual encounters or romantic relationships, and the difference between good and bad sex consists in whether this end is attained. To defend this view, I develop a general account of intimacy, as based on joint action, and apply it to isolate its specifically sexual form. (shrink)

‘Attempted negligence’ is a category of criminal offense that many jurists and philosophers have law have deemed conceptually incoherent. In his Attempts: In the Philosophy of Action and the Criminal Law, Gideon Yaffe challenges this dismissal, anchoring his argument in cases of what he calls ‘mental self-management’ in which agents plan to bring about that they perform unintentional actions at a later time. He plausibly argues that mental self-management-type attempted negligence is possible. However, his account raises the question whether (...) such attempts can be successful: whether, in other words, attempts to perform unintentional actions at a later time could issue in actions that are, indeed, unintentional. Intuitively, at least, it would seem that we should answer in the affirmative. However, that answer poses problems for a plausible and widely-held account of intentional action. Al Mele, responding to Yaffe’s account, has pointed out this problem without, I think, providing a satisfactory resolution. I propose another way of vindicating the possibility of successful attempted negligence with small, if significant, revision to the standard view of intentional action. In these cases, I argue, agents fail to act intentionally because they render themselves, through their acts of self-management, unaware that they are successfully executing their intentions. Moreover, I argue that these agents’ intentions to bring about that they perform unintentional actions do not commit them to acting intentionally because of the nature of intentions to bring about actions. I offer an account of the intention to bring about that one A’s and defend it against some objections. (shrink)

English Abstract: Through the presentation of the history of social justice in global constitutional discourse, this article aims to demonstrate that, although in Colombia there is not a constitutionalized purpose or principle of social justice, as in other countries, the modern notion of distributive justice, also called social justice today, is implicit in the Constitution of 1991 because it enshrined as mandatory rules the three main elements of its meaning at the time of its promulgation: the principle of social rule (...) of law, the principle of human dignity and the right to a material equality. Thus, in Colombia social justice must not be understood in the Aristotelian sense of distributive justice but in accordance with these three elements, and can only be achieved if they are fulfilled. -/- Spanish Abstract: Mediante la presentación de la historia de la justicia social en el discurso constitucional global, este artículo pretende demostrar que, a pesar de no existir en Colombia, como en otros países, un valor o principio constitucional de justicia social, la noción moderna de justicia distributiva, también llamada hoy justicia social, se encuentra implícita en la Constitución de 1991 porque esta consagró como normas obligatorias los tres elementos principales de su significado en el tiempo en el que fue promulgada: el principio de Estado Social de Derecho, el principio de dignidad humana y el derecho a una igualdad material. Así pues, la justicia social debe entenderse en Colombia a partir de esos tres elementos, no según el sentido aristotélico de justicia distributiva, y sólo puede ser alcanzada si ellos se cumplen. (shrink)

This thesis articulates a novel interpretation of Heidegger’s explication of the being (Seins) of gear (Zeugs) in §15 of his masterwork Being and Time (1927/2006) and develops and applies the position attributed to Heidegger to explain three phenomena of unreflective action discussed in recent literature and articulate a partial Heideggerian ecological metaphysics. Since §15 of BT explicates the being of gear, Part 1 expounds Heidegger’s concept of the ‘being’ (Seins) of beings (Seienden) and two issues raised in the ‘preliminary (...) methodological remark’ in §15 of BT regarding explicating being. §1.1 interprets the being (Sein) or synonymously constitution of being (Seinsverfassung) of a being (Seienden) as a regional essence: a property unifying a region (Region), district (Bezirk), or subject-area (Sachgebiet) – a highly general (‘regional’) class of entities. Although Heidegger posits two components of the being of a being, viz. material-content (Sachhaltigkeit, Sachgehalt) and mode-of-being (Seinsart) or way-of-being (Seinsweise, Weise des Seins, Weise zu sein) (1927/1975, 321), the unclarity of this distinction means that it does not figure prominently herein. §1.2 addresses Heidegger’s distinction between ontological and ontic investigations and his notion of ‘modes of access’ (Zugangsarten, Zugangsweisen). Part 2 expounds §15 of BT’s explication of the being of gear. §2.1 analyses Heidegger’s two necessary and sufficient conditions for being gear and three core basic concepts (Grundbegriffe) enabling comprehension of these conditions and therewith a foundational comprehension of gear. Heidegger explicates the being of gear through content of unreflectively purposeful, non-intersubjective intentional states. I term such states ‘mundane concern’, which is almost synonymous with Hubert Dreyfus’s term ‘absorbed coping’ (1991, 69). Heidegger’s explication highlights around-for references (Um-zu-Verweisungen) as the peculiar species of property figuring in mundanely concernful intentional content. §2.2 clarifies Heidegger’s position on the relationship between to-hand-ness (Zuhandenheit) and extantness (Vorhandenheit) in the narrow sense: two of Heidegger’s most widely discussed concepts. I reject Kris McDaniel’s recent reading of Heidegger as affirming that nothing could be both to-hand and extant simultaneously (McDaniel 2012). Part 3 develops and applies Heidegger’s phenomenology of mundane concern. §3.1 explains the phenomena of situational holism, situated normativity, and mundanely concernful prospective control. §3.2 undertakes the metaphysical accommodation of around-for references, which §3.1 posited as featuring prominently within mundanely concernful intentional content. This thesis thus contributes not only to Heidegger scholarship, but also to contemporary debates within the philosophy of action and cognitive science. (shrink)

The purpose of this work is to present the analogy between the thoughts of Epicurus de Samos and Friedrich Nietzsche regarding the notion of “freedom”. In Epicurus, the idea of “freedom” (eleuthería) is linked to the idea of “self-assertion” (autárkeia), since “freedom” for Epicurus means the “exercise of wisdom” through the autonomy of the “sage” (sophós, prhóneo) when it is free to act according to thought. In a similar way, in Nietzsche the idea of freedom (Freiheit) is linked to the (...) idea of “affirming life” (Lebensbejahung) – and “of oneself” – in acting, when the “superman” (Übermensch) is above of good and evil and being able to create and determine their own values. The discussion about freedom, according to the thought of Epicurus and Nietzsche, makes it possible to identify the analogy between them regarding the understanding of the importance of freedom in philosophical action, in addition to promoting a reflection on thinking and acting in the world. (shrink)

It is often claimed that democratic voters have epistemic responsibilities. However, it is not often specified why voters have such epistemic responsibilities. In this paper, I contend that voters have epistemic responsibilities because voting is best understood as an act that bears assertoric force. More precisely, voters perform what I call an act of political advocacy whereby, like an asserter who states or affirms that something is the case, they state or affirm that a certain course of political action (...) is the one that should be followed or enacted. Consequently, the performance of acts of political advocacy such as voting should be understood as bounded by epistemic norms mirroring those binding the act of assertion and yield epistemic responsibilities mirroring the ones required to satisfy these norms. (shrink)

In this article I describe and defend an account of social freedom grounded in intersubjective recognition. I term this the ‘normative authorisation’ account. It holds that a person enjoys social freedom if she is recognised as a discursive equal able to engage in justificatory dialogue with other social agents about the appropriateness of her reasons for action. I contrast this with Axel Honneth’s theory of social freedom, which I term the ‘self-realisation’ account. According to this view, the affirmative (...) recognition of others is necessary for obtaining a positive relation-to-self and hence freedom. I identify several problems with this account, which challenge the connection Honneth draws between social recognition and freedom. I show how the normative authorisation account avoids these problems and captures some basic features of our everyday, normative interactions. Finally, I suggest that the account fits well with recent work on epistemic injustice. Specifically, it shows that securing the social conditions of freedom requires ensuring epistemically-just social relations. Thus, the normative authorisation account is an explanatorily powerful, inclusive theory of social freedom that fits well with wider accounts of justice and freedom. Thus, it represents the most promising way of understanding social freedom in terms of interpersonal recognition. (shrink)

Climate change, primarily driven by human activities, is becoming one of the most urgent global challenges of our time. Despite lingering doubts about climate change in some research documents, strong consensus within the scientific community still affirms that global surface temperatures have risen in recent decades. Over the past decade, significant efforts have been made by humans to address the climate change crisis, resulting in certain impacts in combating climate change and raising awareness about its consequences. However, the question remains: (...) Are we heading in the right direction to effectively address this crisis, or do we need to reconsider our approach? This essay will examine some of major achievements in the fight against climate change, the increasing awareness of its impacts, the escalating severity of the climate crisis, and whether our actions are on the right track or require reevaluation. (shrink)

The question whether a constitutive linguistic norm can be prescriptive is central to the debate on the normativity of meaning. Recently, the author has attempted to defend an affirmative answer, pointing to how speakers sporadically invoke constitutive linguistic norms in the service of linguistic calibration. Such invocations are clearly prescriptive. However, they are only appropriate if the invoked norms are applicable to the addressed speaker. But that can only be the case if the speaker herself generally accepts them. This (...) qualification has led critics to argue that if an addressed speaker’s acceptance is a necessary condition for legitimate prescriptions (and reproach for failure to adhere to them), then the account becomes unable to underwrite actual normativity. Moreover, critics argue, a danger of vicious circularity arises from the calibration account. This paper shows that once a vantage point within the calibration practice is accepted, the criticisms lose their force. It then explores why a theorist might reject such a perspective and suggests, as a plausible candidate, implicit Humean assumptions about the proper explanation of (linguistic) action. The paper ends by sketching a way forward for the debate on the normativity of meaning in light of this diagnosis. (shrink)

La théorie démocratique contemporaine entretient une relation ambivalente avec les élections. Alors que les points de vue agrégatifs et minimalistes les considèrent comme une institution centrale de la démocratie représentative , les conceptions plus riches de la démocratie n’ont pas nécessairement de penchant pour elles. Les théories délibératives ont tendance à négliger les élections pour se concentrer sur la délibération publique, c’est-à-dire sur le processus continu de formation de l’opinion et d’échange de raisons qui se produit entre les élections . (...) Les théories participatives ont également tendance à les écarter en faveur d’une vision moins agonistique et plus coopérative de l’action politique . Par conséquent, peu d’attention normative a été accordée dans la littérature récente à ce moment très distinctif de la vie démocratique, à quelques notables exceptions près . Une conséquence naturelle est que la plupart des théoriciens font appel à des expériences délibératives telles que les jurys de citoyens et les mini-publics comme réponse efficace aux préoccupations démocratiques actuelles . Le tirage au sort peut ainsi être présenté comme une alternative préférable à l’élection, car il garantit une représentation descriptive, évite la capture de l’État par des élites puissantes et promet des résultats substantiellement meilleurs. Alors que de nombreux théoriciens s’intéressent aux moyens de compléter les institutions électorales par des organes délibératifs non électoraux , certains chercheurs se débarrasseraient volontiers des élections . Le moment est-il venu de les abandonner ? Cet article se concentre sur une affirmation spécifique que beaucoup de partisans du tirage au sort ont avancée, à savoir que celui-ci serait plus égalitaire que les élections, et vise à la rejeter. D’autres chercheurs ont déjà critiqué le tirage au sort pour diverses raisons. Landa et Pevnick , ainsi qu’Umbers objectent qu’il ne permet pas d’obtenir les améliorations instrumentales du gouvernement promises par ses promoteurs ; Ceva et Ottonelli , ainsi que Lafont nient que les critiques lotocratiques des élections reflètent une compréhension adéquate de l’autorité démocratique en tant que forme d’autonomie collective ; et Umbers soutient également que la lotocratie est en contradiction avec les principes de justice distributive et d’égalité sociale . En complément à ces critiques récentes, nous soutenons que la vision de l’égalité politique qui sous-tend le tirage au sort est problématique et peu convaincante. (shrink)

According to the extended knowledge account of assertion, we should only assert and act on what we know. Call this the ‘Knowledge Norm’. Because moral and prudential rules prohibit morally and prudentially unacceptable actions and assertions, they can, familiarly, override the Knowledge Norm. This, however, raises the question of whether other epistemic norms, too, can override the Knowledge Norm. The present chapter offers an affirmative answer to this question and then argues that the Knowledge Norm is derived from a (...) more fundamental norm that demands that we do not hinder intellectual flourishing. As the fundamental epistemic norm can come into conflict with the Knowledge Norm, it is sometimes permissible to assert and act on what we don’t know. The chapter concludes with a discussion of the consequences of this insight for the extended knowledge account of assertion. (shrink)

Every account of moral responsibility has conditions that distinguish between the consequences, actions, or traits that warrant praise or blame and those that do not. One intuitive condition is that praiseworthiness and blameworthiness cannot be affected by luck, that is, by factors beyond the agent’s control. Several philosophers build their accounts of moral responsibility on this luck-free condition, and we may call their views Luck-Free Moral Responsibility (LFMR). I offer moral and metaphysical arguments against LFMR. First, I maintain that considerations (...) of fairness that often motivate LFMR do not require its adoption. Second, I contend that LFMR has counterintuitive implications for the nature and scope of praiseworthiness and blameworthiness and that LFMR is vulnerable to a reductio ad absurdum. Third, I state some common reasons for thinking that LFMR’s commitment to true counterfactuals of libertarian freedom is problematic, and I argue that if there are no such true counterfactuals and if LFMR is true, a person is praiseworthy and blameworthy at most for a tiny fraction of her actions. Fourth, I argue that proponents of LFMR cannot escape this skeptical cost by appealing to a different kind of counterfactual of freedom. Fifth, I develop an anti-skeptical motivation to affirm the idea that luck can affect moral responsibility. (shrink)

What is the relation between moral reasons and moral requirement? Specifically: what relation does an action have to bear to one’s moral reasons in order to count as morally required? This paper defends the following answer to this question: an action is morally required just in case the moral reasons in favor of that action are enough on their own to outweigh all of the reasons, moral and nonmoral, to perform any alternative. I argue that this decisive (...) moral reason view satisfies three key desiderata: it is compatible with either affirming or denying the existence of moral options; it vindicates moral rationalism, the thesis that an action can be morally required only if one ought to do it all things considered; and most distinctively, it explains why unexcused moral wrongdoing necessarily shows disregard for moral reasons. (shrink)

The virtues and vices of argument are now an established part of argumentation theory. They have helped direct attention to hitherto neglected aspects of how we argue. However, it remains controversial whether a virtue theory can contribute to some of the central questions of argumentation theory. Notably, Harvey Siegel disputes whether what he calls ‘arguments in the abstract propositional sense’ can be evaluated meaningfully within a virtue theory. This paper explores the prospects for grounding an account of argument evaluation in (...) arguers’ virtues and vices by examination of a corresponding debate in virtue ethics: Can an ethics of virtue guide our actions? It is thereby argued that an affirmative answer is possible: virtues suffice for argument evaluation. (shrink)

This article investigates the specific cultural and collaborative nature of China’s public spaces and how they are formed through performative appropriations. Collective cultural practices as political participation were encouraged during the Mao era when cultural activities played a key role in workers’ education and participation. Since the opening-up period, performance in public space has become widespread in China and creates alternative community spaces that constitute alternatives to capitalist spaces of consumption. Using Habermas’s theory of communicative action, we argue that (...) cultural practices performed in public space create a proletariat public sphere that plays a wider role in governance and China’s democratization. Further, the article examines performative practices in public space. It traces the popular activity of public square dancing through history and counters this research with a parallel study of a much younger skateboarding practice. The two practices are very differently rooted. Yet both practices appear to move through cycles of disruption and appropriation, followed by an affirmation of governmental rule. The studies reveal that western ideas of citizenship and individual leisure are less applicable. Public spaces are largely managed through collaborative practices, whereas contemporary scholarship reaffirms Fei Xiaotong’s description of Chinese society as individuals positioned within a complex network of concentric circles. (shrink)

How homogenous are the sources of human motivation? Textbook Humeans hold that every human action is motivated by desire, thus any heterogeneity derives from differing objects of desire. Textbook Kantians hold that although some human actions are motivated by desire, others are motivated by reason. One question in this vicinity concerns whether there are states such that to be in one is at once take the world to be a certain way and to be motivated to act: the state-question. (...) My question here is different: whether passion and reason constitute distinct sources of human motivation: the source question. In this essay, I defend an affirmative answer to the source-question while remaining neutral on the state-question. I distinguish between what I call orectic desires, which are associated with the appetites, and anorectic desires, which are associated with judgments of the good. I argue that the two sorts of desires constitute distinct sources of motivation initially on the basis of their differing epistemological profiles. Specifically, self-attributions of anorectic desires are governed by the transparency condition, self-attributions of orectic desires are not. It emerges from this discussion that the motivation for performing an action arises in very different ways from each sort of desire. This difference, in turn, is explained by their differing relations to the will. Roughly, an orectic desire influences the will, but an anorectic desire is the will. The motivation to perform some of our actions derives simply from the determination that they are to-be-done—from reason. (shrink)

I raise the question of what cognitive attitude self-deception brings about. That is: what is the product of self-deception? Robert Audi and Georges Rey have argued that self-deception does not bring about belief in the usual sense, but rather “avowal” or “avowed belief.” That means a tendency to affirm verbally (both privately and publicly) that lacks normal belief-like connections to non-verbal actions. I contest their view by discussing cases in which the product of self-deception is implicated in action in (...) a way that exemplifies the motivational role of belief. Furthermore, by applying independent criteria of what it is for a mental state to be a belief, I defend the more intuitive view that being self-deceived that p entails believing that p. Beliefs (i) are the default for action relative to other cognitive attitudes (such as imagining and hypothesis) and (ii) have cognitive governance over the other cognitive attitudes. I explicate these two relations and argue that they obtain for the product of self-deception. (shrink)

The actualism/possibilism debate in ethics concerns the relationship between an agent’s free actions and her moral obligations. The actualist affirms, while the possibilist denies, that facts about what agents would freely do in certain circumstances partly determines that agent’s moral obligations. This paper assesses the plausibility of actualism and possibilism in light of desiderata about accounts of blameworthiness. This paper first argues that actualism cannot straightforwardly accommodate certain very plausible desiderata before offering a few independent solutions on behalf of the (...) actualist. This paper then argues that, contrary to initial appearances, possibilism is subject to its own comparably troubling blameworthiness problem. (shrink)