This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and conversation. (...) Though the semantics is descriptivist, it avoids Dworkin’s influential criticism of so-called “semantic theories of law,” and elucidates the nature of “theoretical disagreements” about the criteria of legal validity. The account sheds light on the social, interpersonal function of normative uses of language in legal discourse. It also gives precise expression to Hart’s and Raz’s intuitive distinctions among types of legal claims (internal/external, committed/detached), while giving them a uniform type of analysis. The proposed semantics and pragmatics of legal claims provides a fruitful framework for further theorizing about the nature and metaphysics of law, the relation between law and morality, and the apparent practical character of legal language and judgment. Discourse Contextualism provides a solid linguistic basis for a broader account of legal discourse and practice. (shrink)

It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule of (...) law, and (iv) strong discretion. I conclude with some methodological remarks. Delineating questions about conventional meaning, the metaphysics/metasemantics of (legal) content determination, and norms of legal interpretation and judicial practice can motivate clearer answers and a more refined understanding of the space of overall theories of vagueness, interpretation, and law. (shrink)

In his two chief works, the Theogony and Works and Days, Hesiod treats the possibility of providence. In the former poem, he considers what sort of god could claim to gives human beings guidance. After arriving at Zeus as the only consistent possibility, Hesiod presents Zeus’ rule as both cosmic and legalistic. In the latter poem, how- ever, Hesiod shows that so long as Zeus is legalistic, his rule is limited cosmically to the human being. Ultimately, Zeus’ rule emerges as (...) more human than cosmic, and thus unable to fulfill the cosmic demands of piety. Hesiod’s presentation thus begs, without thematically posing, the question of how human beings ought to live. Accordingly, Hesiod’s theological analysis, and not his theogony (or, implicit cosmogony or cosmology), sets the stage for the inquiries of the early Greek philosophers, and so political philosophy as a whole. (shrink)

In response to our critics, we clarify and defend key ideas in the report Open and Inclusive: Fair Processes for Financing Universal Health Coverage. First, we argue that procedural fairness has greater value than Dan Hausman allows. Second, we argue that the Report aligns with John Kinuthia’s view that a knowledgeable public and a capable civil society, alongside good facilitation, are important for effective public deliberation. Moreover, we agree with Kinuthia that the Report’s framework for procedural fairness applies not merely (...) within the health sector, but also to the wider budget process. Third, we argue that while Dheepa Rajan and Benjamin Rouffy-Ly are right that robust processes for equal participation are often central to a fair process, sometimes improvements in other aspects of procedural fairness, such as transparency, can take priority over strengthening participation. Fourth, while we welcome Sara Bennett and Maria Merritt’s fascinating use of the Report’s principles of procedural fairness to assess the U.S. President’s Emergency Plan for AIDS Relief, we argue that their application of the Report’s principle of equality to development partners’ decision-making requires further justification. (shrink)

We summarize key messages from the World Bank report Open and Inclusive: Fair Processes for Financing Universal Health Coverage. A central lesson of the Report is that in decision-making on the path to UHC, procedural fairness matters alongside substantive fairness. Decision systems should be assessed using a complete conception of procedural fairness that embodies core commitments to impartial and equal consideration of interests and perspectives. These commitments demand that comprehensive information is gathered and disclosed and that justifications for policies are (...) publicly debated; that participation in decision-making is enabled; and that these characteristics of the decision system are institutionalised rather than up to the good will of decision-makers. Procedural fairness can improve equity in outcomes, raise legitimacy and trust, and can help make reforms last. While improving procedural fairness can be costly and there are barriers to achieving it, the range of instruments that countries at varying levels of income and institutional capacity have used with some success shows that, in many contexts, advances in procedural fairness in health financing are possible and worthwhile. (shrink)

A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as manifestations of human flourishing. Scholars typically contrast virtue ethics with deontological and consequentialist moral theories, tracing virtue-centered analysis to ancient Greek philosophers, and in particular to Aristotle. Virtue ethics has experienced a (...) revival over the past 65 years; but, long before that, it proved especially influential in Catholic moral thought, particularly through the work of Aquinas. Perhaps relatedly, scholars have seized on virtue jurisprudence to defend a range of politically conservative positions, such as originalist constitutional interpretation and the propriety of utilizing the law to regulate ostensibly “private” immoralities. This Article reveals the radically underappreciated progressive promise of virtue jurisprudence. Virtue jurisprudence requires no religious commitments whatsoever, but a strong version entails acceptance of the moral significance of developing one’s character—both within and without the law. On a compelling understanding of the virtues, rejecting a state of perpetual disadvantage under the law is a meaningful marker of the virtue of self-respect, and a repudiation of the vice of servility that would otherwise be imposed by the legal system itself. Thus, contrary to the predominant tenor of research on the subject, virtue jurisprudence can ground significant resistance to—and even defiance of—the law. In making this argument, the Article also draws novel connections between virtue jurisprudence and literature on (inter alia) race, feminism, and sexual orientation to reveal the unnoticed potential of virtue jurisprudence to push forward work in those and related areas. At a time when massive and widespread protests across the United States reflect a groundswell of support for overturning certain long-standing, legally-ingrained, systemic disadvantages of people of color, many might be surprised to learn that virtue jurisprudence can serve as a potent theoretical ally. (shrink)

Public life abounds with examples of people whose beliefs—especially political beliefs—seem suspiciously convenient: consider, for example, the billionaire who believes that all taxation is unjust, or the Supreme Court Justice whose interpretations of what the law says reliably line up with her personal political convictions. After presenting what I take to be the best argument for the epistemological relevance of suspicious convenience, I diagnose how attempts to resist this argument rest on a kind of epistemological ideal theory, in a sense (...) to be made precise. And I argue that the ways in which this ideal theory can be deployed in defense of suspiciously convenient beliefs brings out the pernicious and distorting nature of such ideal theory in epistemology. (shrink)

This paper takes it as a premise that a distinction between matters of fact and of law is important in the causal inquiry. But it argues that separating factual and legal causation as different elements of liability is not the best way to implement the fact/law distinction. What counts as a cause-in-fact is partly a legal question; and certain liability-limiting doctrines under the umbrella of “legal causation” depend on the application of factual-causal concepts. The contrastive account of factual causation proposed (...) in this paper improves matters. This account more clearly distinguishes matters of fact from matters of law within the cause-in-fact inquiry. It also extends the scope of cause-in-fact to answer some questions currently answered by certain doctrines of legal causation—doctrines that, it is argued, are more naturally seen as applications of our ordinary causal concept than as noncausal liability-limiting devices. (shrink)

While those who take a "structuralist" approach to racial justice issues are right to call attention to the importance of social practices, laws, etc., they sometimes go too far by suggesting that antiracist efforts ought to focus on changing unjust social systems rather than changing individuals’ minds. We argue that while the “either/or” thinking implied by this framing is intuitive and pervasive, it is misleading and self-undermining. We instead advocate for a “both/and” approach to antiracist moral education that explicitly teaches (...) how social structures influence ideas about race and how ideas about race shape, sustain, and transform social structures. Ideally, antiracist moral education will help people see how social change and moral progress depend on the symbiotic relations between individuals and structures. We articulate a conception of “structure-facing virtue” that exemplifies this hybrid approach to illuminate the pivotal role moral education plays in the fight for racial justice. (shrink)

The summer of 2020 witnessed perhaps the largest protests in American history in response to police and vigilante brutality against the black community. New protests are still erupting every time another suppressed video, such as of Daniel Prude, surfaces, or another killing, such as Breonna Taylor’s, goes unpunished. As communities demand meaningful reform, the point – or pointlessness – of “implicit bias training” takes on renewed urgency. Implicit bias trainings aim to raise awareness about the unwitting or unwilling prejudices and (...) stereotypes that shape our habits of thinking, feeling, and navigating through the social world. These trainings have been widely adopted by businesses, schools, and law enforcement agencies. Do they make any difference? -/- Although I conduct implicit bias trainings myself (including for courts, judges, police, and attorneys), I share many critics’ concerns. Many trainings are too brief and oversimple, and too often their real function is to permit organisations to “check a box” to protect against litigation, rather than to spark real change. But “implicit bias training” is just another way of saying “education about implicit bias,” and, like all kinds of education, it can be done well or poorly. If implicit bias is one important piece of a large and complex puzzle, then education about it – when done right – should have a meaningful role to play in helping us understand ongoing inequities and enact reforms. (shrink)

Context-sensitive expressions appear ill suited to the purpose of sharing content across contexts. Yet we regularly use them to that end (in regulations, textbooks, memos, guidelines, laws, minutes, etc.). This paper describes the utility of the concept of a metacontext for understanding cross-contextual content-sharing with context-sensitive expressions. A metacontext is the context of a group of contexts: an infrastructure that can channel non-linguistic incentives on content ascription so as to homogenize the content ascribed to context-sensitive expressions in each context in (...) the group. Documents composed of context-sensitive expressions can share content across contexts when supported by an appropriate metacontext. The bible has its church, the textbook its education system, the form its bureaucracy, and the manifesto its social movement. Some metacontexts support cross-contextual content-sharing. Some don’t. A promising research programme (one with practical importance) would take metacontexts as its unit of analysis. (shrink)

In the 1980s and 1990s, a series of attempts were made to put into U.S. law a civil rights ordinance that would make it possible to sue the makers and distributors of pornography for doing so (under certain conditions). One defence of such legislation has come to be called "the free speech argument against pornography." Philosophers Rae Langton, Jennifer Hornsby and Caroline West have supposed that this defence of the legislation can function as a liberal defence of the legislation: in (...) particular, a defence of the legislation based on the value of women's liberty. This would be somewhat unexpected given MacKinnon's own antipathy toward liberalism. In this paper, I argue that the free speech argument against pornography cannot be used as a liberal defence of the ordinances. The legislation is, to some extent, self-defeating insofar as it understood in terms acceptable to a fairly standard kind of liberal. This becomes apparent when we consider the value pornography can have for women, which we can see if we consider what female makers, distributors and consumers of pornography have to say about why they make, distribute and consume it. (shrink)

Purpose of this article is to investigate the role that the "miraculous" – that is, everything that goes beyond “natural” – plays in the worldview of Western man. Methodology. I do not consider “miracles” as the facts of nature, but as the facts of culture, so in this article I am not talking about specific cases of violation of “laws of nature”, but about the place of “miraculous” in the view of the world of Western man and those transformations, that (...) occur with this element outlook influenced the development of information technologies. Novelty. It has been proved that miracles should be sought in mind, because the “miraculous” event does our attitude towards it. Moreover, it is impossible to determine the “true miracle”, while we are “inside” the reality. It has been demonstrated that influenced the development of society is transformed representations of gods and miracles. It has been discovered fundamental shift associated with the transition from mythology-as-faith to mythology-as-show. However, even within the latter remains a need for miracles, though, and goes to a completely different level. Conclusions. The term "miracle" has no meaning outside of accepted socio-cultural settings. The last set as the “natural” conditions and admissibility (inadmissibility) of its violation. And these installations are formed by social institutions, which in this age and at this time have a weight sufficient to impose their views to all the congregation or the greater part. Any extraordinary event can be explained by the action of internal agents unknown to us, and their ability to alter the reality is not necessarily superior to even our own capabilities. The only thing we can not do – is to change the source code of being (e.g., fundamental physical constants). This could make only creatures that are not spelled out in these source codes. However, people have not seen anything like it, and scarcely become witnesses of such events. (shrink)

An axiom of medical research ethics is that a protocol is moral only if it has a “favorable risk-benefit ratio”. This axiom is usually interpreted in the following way: a medical research protocol is moral only if it has a positive expected value -- that is, if it is likely to do more good (to both subjects and society) than harm. I argue that, thus interpreted, the axiom has two problems. First, it is unusable, because it requires us to know (...) more about the potential outcomes of research than we ever could. Second, it is false, because it conflicts with the so-called “soft paternalist” principles of liberal democracy. In place of this flawed rule I propose a new way of making risk-benefit assessments, one that does comport with the principles of liberalism. I argue that a protocol is moral only if it would be entered into by competent subjects who are informed about the protocol. The new rule this eschews all pseudo-utilitarian calculation about the protocol’s likely harms and benefits. (shrink)

The article is devoted to the issue of history comprehension of the ancient societies in the context of their religious identity. Religion is one of the fundamental elements of civilization idea (“ontological project”); it constructs “universe” that is distinguished by the “laws of nature”, specific only for it. To make “communication” with ancient people maximally authentic, the researcher should not only recognize their right to look at the “world” in its own way, but also accept its “laws”, that means – (...) religion as well. Since the latter is almost impossible, the scientist is deprived of the possibility to comprehend another cultural and historical reality as vivid establishment of human spirit; he/she will see only scheme or fable in it. The proposed in this paper method of “epistemological polytheism”, based on thought experiment, gives the possibility to bypass difficulties of perception and to approximate the understanding of meanings that define the ancient people worldview. (shrink)

Comment on Beeghly, Erin. 2021. “Stereotyping as Discrimination: Why Thoughts Can Be Discriminatory.” Social Epistemology 35 (6): 547–63. -/- Beeghly’s “Stereotyping as Discrimination” is—characteristically—clear, thorough, and persuasive, rich with incisive arguments and thought-provoking case studies. In defending the view that stereotyping often constitutes discrimination, she makes a powerful case that, “Living ethically means cultivating a certain kind of ‘inner’ life and avoiding pernicious habits of thought, no matter how culturally pervasive” (Beeghly 2021b, 13). Support for such claims is traced back (...) not just to Aristotle and the Ten Commandments (Beeghly 2021b, 10), but also to critical social traditions. “As feminists and theorists of race have long noted, the most intimate aspects of our selves, including our ways of thinking, agency, and modes of embodiment, are among the mechanisms of group oppression” (Beeghly 2021b, 13). I offer, first, a tiny friendly amendment to one brief passage, followed by invitations to explore some of the further potential implications of Beeghly’s central theses. (shrink)

Appeals to intersectionality serve to remind us that social categories like race and gender cannot be adequately understood independently from each other. But what, exactly, is the intersectional thesis a thesis about? Answers to this question are remarkably diverse. Intersectionality is variously understood as a claim about the nature of social kinds, oppression, or experience ; about the limits of antidiscrimination law or identity politics ; or about the importance of fuzzy sets, multifactor analysis, or causal modeling in social science.

This chapter examines whether high prices for gene therapies are justified and whether the problems associated with high prices can be solved by the "pay for performance" (P4P) reimbursement model. To this end, we first describe how prices for new drugs, including gene therapies, are set in Germany (section 2.). P4P is then presented as an example of a reimbursement model (section 3.). The subsequent ethical analysis (section 4.) first examines whether P4P models can sustainably guarantee the right to health (...) and healthcare for all people (section 4.1; cf. on the "sustainable right to health" already Alex, 2021). It is then shown that cost-benefit analyses for setting prices for new gene therapies must be viewed critically from an ethical perspective and pose a problem for equity of access and thus also for the sustainable guarantee of a right to health (section 4.2). The final question is whether P4P is compatible with the idea of human dignity (Article 1 I 1 of the German Basic Law) (section 4.3; cf. already König et al., 2020). -/- Alex, K. (2021): Ethical conceptualization of a sustainable right to health(care). In: Schildmann, J. et al. (eds.): Defining the value of medical interventions. Normative and empirical challenges. Kohlhammer, Stuttgart: 29-48. PMID: 36256802 König, J. et al. (2020): Am individuellen Therapieergebnis orientierte Erstattungsverfahren in der Onkologie: ethische Implikationen am Beispiel der CAR-T-Zelltherapie. In: Ethik Med 32: 85–92. doi: 10.1007/s00481-020-00565-3. (shrink)

It is commonplace to observe that digital technologies facilitate our access to information on a scale unimaginable in previous eras, leading many to call this the “Information Age.” The vaunted advantages of unprecedented data flow obscure a dark corollary: the more modes of engaging with data are available to a people, the more modes are available for manipulating them. Whether through social media, blogs, email, newspaper headlines, or doctored images and videos, the public is indeed bombarded by information, and much (...) of it is misleading or outright false. Much of it, in fact, is propaganda. As the methods for manipulating mass audiences continue to multiply, a clear understanding of the concept of propaganda has never been more relevant. -/- This Article constructs a precise, novel account of propaganda, incorporating notable scholarly insights into the concept as well as the overlooked lessons of the law’s fragmented efforts to regulate it. To bring this new theoretical framework into focus and demonstrate its importance in the Information Age, the Article connects the underlying theory to contemporary communications practices, many of which are enhanced by the availability of new technology. Notably, in doing so, the Article also develops the first systematic account of political gaslighting, which properly understood (and counterintuitively, perhaps) constitutes a form of propaganda. (shrink)

We reply to critics of the World Health Organisation's Report "Making Fair Choices on the Path to Universal Health Coverage". We clarify and defend the report's key moral commitments. We also explain its role in guiding policy in the face of both financial and political constraints on making fair choices.

Scholars, journalists, and activists working on climate change often distinguish between “individual” and “structural” approaches to decarbonization. The former concern choices individuals can make to reduce their “personal carbon footprint” (e.g., eating less meat). The latter concern changes to institutions, laws, and other social structures. These two approaches are often framed as oppositional, representing a mutually exclusive forced choice between alternative routes to decarbonization. After presenting representative samples of this oppositional framing of individual and structural approaches in environmental communication, we (...) identify four problems with oppositional thinking and propose five ways to conceive of individual and structural reform as symbiotic and interdependent. (shrink)

We offer a summary of the WHO Report "Making Fair Choices on the Path to Universal Health Coverage".

This paper presents some considerations regarding the National Common Curricular Base (BNCC), regarding issues related to the teaching of the Portuguese language in Brazil, territoriality and racial belonging, historical processes that involve, in the field of education, teacher training and the construction of citizenship of students in these times of reaffirmation of the democratic rule of law and the decolonial wave. Therefore, it is a political approach in terms of the thought of Paulo Freire, patron of Brazilian education, who considered (...) the act of educating to be political (FREIRE, 1980; 1983; 1989; 1996). It is based on this perspective that the BNCC will be approached, but under the theoretical contribution of pragmatic discourse analysis, tributary of discursive-deconstructive analysis (cf. ARAÚJO, 2020). (shrink)

Simple Summary Are we morally justified in using animals in biomedical research and if so, how can we make sure that the experiments are conducted in a scientifically and morally acceptable manner? Based on our own experiences as scholars from various academic backgrounds, we argue that this question can only be answered as an interdisciplinary and international endeavor. Thus, our article aims to contribute to the foundation of the emerging field of animal research ethics, combining perspectives from research ethics, animal (...) ethics, science, and law. In doing so, we describe the following seven phases that animal experiments typically run through: ethical, legal and social presumptions (phase 0), planning (phase I), review (phase II), conduct of experiments (phase III), publication/dissemination (phase IV), further exploitation of results (phase V), and evaluation (phase VI). Here, 20 key ethical, legal, and practical challenges are identified and analyzed that need to be addressed. Apart from challenges arising at the level of the experiments themselves, there are also so-called meta-challenges associated with animal research ethics as a field. Four of these are presented and further discussed, also in relation to their opportunities for the further development of animal research ethics that takes into account interdisciplinary and international perspectives. Abstract Can nonhuman animals be used for the benefit of humans in a scientifically and morally justified manner and, if yes, how? Based on our own experiences as scholars from various academic backgrounds, we argue that this question can only be answered as an interdisciplinary and international endeavor, considering insights from research ethics and animal ethics as well as scientific and legal aspects. The aim of this article is to contribute to the foundation of the emerging field of animal research ethics. In doing so, we describe the following seven phases of animal research experiments: ethical, legal and social presumptions (phase 0), planning (phase I), review (phase II), conduct of experiments (phase III), publication/dissemination (phase IV), further exploitation of results (phase V), and evaluation (phase VI). In total, 20 key ethical, legal, and practical challenges that an ethical framework for the use of animals in research needs to address are identified and analyzed. Finally, we characterize the following four meta-challenges and opportunities associated with animal research ethics as a field: (1) moral pluralism, (2) the integration of views and positions outside the laboratory, (3) international plurality of conduct, standards, and legal norms, and (4) interdisciplinary education. (shrink)

This publication forms a basis for the interdisciplinary development of a certification system for artificial intelligence. In view of the rapid development of artificial intelligence with disruptive and lasting consequences for the economy, society, and everyday life, it highlights the resulting challenges that can be tackled only through interdisciplinary dialogue between IT, law, philosophy, and ethics. As a result of this interdisciplinary exchange, it also defines six AI-specific audit areas for trustworthy use of artificial intelligence. They comprise fairness, transparency, autonomy (...) and control, data protection as well as security and reliability while addressing ethical and legal requirements. The latter are further substantiated with the aim of operationalizability. (shrink)

Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about racial (...) injustice but have usually taken such evidence to warrant reform but not outright abolition. We argue that the racial discrimination at issue flows in significant part from implicit biases concerning race, criminality, and violence, which do not fit comfortably within the picture of racial bias advanced by the courts. The case for abolition, we contend, rests on Black Americans as a class (not merely those who interact with the criminal justice system as capital defendants or as murder victims) being subject to such bias and thereby not being accorded equal status under the law. (shrink)

Summary Background Self-binding directives instruct clinicians to overrule treatment refusal during future severe episodes of illness. These directives are promoted as having potential to increase autonomy for individuals with severe episodic mental illness. Although lived experience is central to their creation, service users’ views on self-binding directives have not been investigated substantially. This study aimed to explore whether reasons for endorsement, ambivalence, or rejection given by service users with bipolar disorder can address concerns regarding self-binding directives, decision-making capacity, and human (...) rights. Methods This study used qualitative data from an internet-based survey distributed to the mailing list of the UK charity Bipolar UK, which contained multiple closed and open questions on advance decision-making in bipolar disorder. Quantitative analysis of a closed question about self-binding directives had already demonstrated endorsement amongst a very high proportion of participants with bipolar disorder who completed the survey. We conducted thematic analysis of responses from those participants who answered a subsequent open question about reasons for their view. Research was co-produced within a multi-disciplinary team, with clinical, legal, and ethical expertise, and lived experience of bipolar disorder. Ideas and methodologies associated with all these areas of expertise were used in the analysis of these reasons and to gain insight into the thoughts of individuals with bipolar disorder about self-binding directives and associated issues. Findings Between Oct 23 and Dec 5, 2017, 932 individuals with a self-reported clinical diagnosis of bipolar disorder completed the internet survey, with 565 (154 men; 400 women; 11 transgender or other) providing free text answers to the open question. A large majority of respondents endorsed self-binding directives, nearly all describing a determinate shift to types of distorted thinking and decision-making when unwell as their key justification. Responses indicating ambivalence were dominated by logistical concerns about the drafting and implementation of self-binding directives, while those who rejected self-binding directives also cited logistical concerns, validity of their thinking when unwell, and potential contravention of human rights. Interpretation This study is, to our knowledge, the first large study of reasons why mental health service users might endorse or reject the use of self-binding directives. The findings provide empirical support for introducing self-binding directives into mental health advance decision-making practice and policy and may help to address enduring ethical concerns surrounding possible implementation of the directive while a person retains decision-making capacity. The opinions expressed here in responses given by multiple service users with bipolar disorder challenge a prominent view within international disability rights debates that involuntary treatment and recognition of impaired mental capacity constitute inherent human rights violations. Funding The Wellcome Trust . (shrink)

Alex Sarch’s recent book, Criminally Ignorant: Why the Law Pretends We Know What We Don’t is a wonderfully rich work.1 Sarch provides and defends an explanatorily powerful theory of criminal culpab...

The access-to-justice movement broadly concerns the extent to which people have the ability to resolve legally actionable problems. To the extent that individuals seek resolution through civil litigation, they can be disadvantaged by their unmet need for legal services, particularly in high-stakes cases and complicated areas of law. I propose an innovative legal intervention to this problem called “compensatory preliminary damages,” which builds from the work of Gideon Parchomovsky and Alex Stein. I argue that preliminary damages should function as (...) compensatory awards for harm to a plaintiff’s ability to access justice, rather than a contingency loan that might make indigent plaintiffs worse off than before if they lose. By awarding such damages, courts make plaintiffs whole for harm to their access to justice that is not conditional on a decision after the merits or their final recovery for the injuries alleged. As such, the award would not need to be repaid. -/- . (shrink)

The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics – or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the relationship between national and (...) global justice. Conversely, the theoretical and practical problems posed by intellectual property are increasingly relevant to bioethics and philosophy and public policy, as well as to more established areas of moral and political philosophy. Perhaps this is just to say that the philosophy of intellectual property is coming into its own as a distinct field of intellectual endeavour, providing a place where legal theorists and philosophers can have the sorts of discussions - neither reducible to questions about what the law is, nor wholly divorced from contemporary legal problems - which typify debates about freedom of expression, discrimination and human rights. These are all areas in which legal and philosophical ideas influence each other at the level of method as well as of substance. My hope is that this collection of essays will appeal to those who, whatever their professional specialty or training, share an interest in the philosophy of intellectual property, and that it will build upon and advance existing interdisciplinary dialogue and research in this complex, fascinating, and important area. Authors include John Christman, Stephen Munzer, Alex Rosenberg, Geert Demunijck, Laura Biron, James Wilson . (shrink)

Many believe that we ought to save a large number from being permanently bedridden rather than save one from death. Many also believe that we ought to save one from death rather than a multitude from a very minor harm, no matter how large this multitude. I argue that a principle I call “Aggregate Relevant Claims” satisfactorily explains these judgments. I offer a rationale for this principle and defend it against objections.

In 'Rethinking the Good', Larry Temkin makes two core claims. First, the goodness of a distribution is sometimes ‘essentially comparative’ – it sometimes depends on which alternative distribution(s) it is compared to. Second, such cases threaten the transitivity of ‘all things considered better than’. I argue that the goodness of a distribution may indeed depend on what other distributions are feasible. But contrary to Temkin, I also argue that transitivity holds even when the goodness of a distribution depends on the (...) feasible set of which it is a member. (shrink)

In this paper, I defend the view that it is wrong for us to consume only, or overwhelmingly, media that broadly aligns with our own political viewpoints: that is, it is wrong to be politically “partisan” in our decisions about what media to consume. We are obligated to consume media that aligns with political viewpoints other than our own – to “diversify our sources”. This is so even if our own views are, as a matter of fact, substantively correct.

The term ‘coherence’ (and its antonym ‘incoherence’) is used in a bewildering variety of ways in epistemology (and in philosophy more broadly). This entry attempts to bring some discipline to uses of the term by offering a taxonomy of notions of coherence (and incoherence), and then surveying which of the resulting notions is (or should be) at work in the various different contexts in which it is deployed.

There are at least two different aspects of our rational evaluation of agents’ doxastic attitudes. First, we evaluate these attitudes according to whether they are supported by one’s evidence (substantive rationality). Second, we evaluate these attitudes according to how well they cohere with one another (structural rationality). In previous work, I’ve argued that substantive and structural rationality really are distinct, sui generis, kinds of rationality – call this view ‘dualism’, as opposed to ‘monism’, about rationality – by arguing that the (...) requirements of substantive and structural rationality can come into conflict. In this paper, I push the dialectic on this issue forward in two main ways. First, I argue that the most promising ways of resisting the diagnosis of my cases as conflicts still end up undermining monism in different ways. Second, supposing for the sake of argument that we should understand the cases as conflicts, I address the question of what we should do when such conflicts arise. I argue that, at least in a prominent kind of conflict case, the coherence requirements take precedence over the evidential requirements. (shrink)

This paper demarcates a theoretically interesting class of "evaluational adjectives." This class includes predicates expressing various kinds of normative and epistemic evaluation, such as predicates of personal taste, aesthetic adjectives, moral adjectives, and epistemic adjectives, among others. Evaluational adjectives are distinguished, empirically, in exhibiting phenomena such as discourse-oriented use, felicitous embedding under the attitude verb `find', and sorites-susceptibility in the comparative form. A unified degree-based semantics is developed: What distinguishes evaluational adjectives, semantically, is that they denote context-dependent measure functions ("evaluational (...) perspectives")—context-dependent mappings to degrees of taste, beauty, probability, etc., depending on the adjective. This perspective-sensitivity characterizing the class of evaluational adjectives cannot be assimilated to vagueness, sensitivity to an experiencer argument, or multidimensionality; and it cannot be demarcated in terms of pretheoretic notions of subjectivity, common in the literature. I propose that certain diagnostics for "subjective" expressions be analyzed instead in terms of a precisely specified kind of discourse-oriented use of context-sensitive language. I close by applying the account to `find x PRED' ascriptions. (shrink)

Should we understand implicit attitudes on the model of belief? I argue that implicit attitudes are (probably) members of a different psychological kind altogether, because they seem to be insensitive to the logical form of an agent’s thoughts and perceptions. A state is sensitive to logical form only if it is sensitive to the logical constituents of the content of other states (e.g., operators like negation and conditional). I explain sensitivity to logical form and argue that it is a necessary (...) condition for belief. I appeal to two areas of research that seem to show that implicit attitudes fail spectacularly to satisfy this condition—although persistent gaps in the empirical literature leave matters inconclusive. I sketch an alternative account, according to which implicit attitudes are sensitive merely to spatiotemporal relations in thought and perception, i.e., the spatial and temporal orders in which people think, see, or hear things. (shrink)

Several decades of work in both philosophy and psychology acutely highlights our limitations as individual inquirers. One way to recognize these limitations is to defer to experts: roughly, to form one’s beliefs on the basis of expert testimony. Yet, as has become salient in the age of Brexit, Trumpist politics, and climate change denial, people are often mistrustful of experts, and unwilling to defer to them. It’s a trope of highbrow public discourse that this unwillingness is a serious pathology. But (...) to what extent is this trope accurate? Answering this requires us to settle both a normative question—under exactly what conditions ought we to defer to experts?—and an empirical question—under what conditions are people willing to defer to experts? The first question has been investigated primarily by philosophers; the second, primarily by psychologists. Yet there is little work integrating these literatures and putting together their results. The aim of this review article is to begin this task, enabling us to begin reaching conclusions about how much real practices of deference diverge from the ideal. We present an opinionated guide to relevant work from both philosophy and psychology, and note places where the literature has important gaps. (shrink)

Disagreement is a hot topic in epistemology. A fast-growing literature centers around a dispute between the ‘steadfast’ view, on which one may maintain one’s beliefs even in the light of disagreement with epistemic peers who have all the same evidence, and the ‘conciliationist’ view, on which such disagreement requires a revision of attitudes. In this paper, however, I argue that there is less separating the main rivals in the debate about peer disagreement than is commonly thought. The extreme versions of (...) both views are clearly indefensible, while more moderate versions of the views converge on the idea that how much revision of belief is called for by an instance of peer disagreement varies from case to case. Those tempted by this diagnosis are sometimes pessimistic about the prospects for giving a unified account which clearly predicts when more or less extensive revisions will be called for. By contrast, in this paper I give an account that aspires to such unity and predictive power, centering on the notion of the net resilience of your estimate of your own reliability against your estimate of your interlocutor’s reliability. The view I present thus amounts to a new, moderate theory of how one should respond to disagreement. I argue that ultimately, when we weaken conciliationism and the steadfast view to account for exception cases and to make them adequately plausible, they end up converging on the moderate view I present. Much of the seeming disagreement about disagreement is, then, illusory. (shrink)

This paper offers a positive account of an important but under-explored class of mental states, non-propositional attitudes such as loving one’s department, liking lattice structures, fearing Freddy Krueger, and hating Sherlock Holmes. In broadest terms, the view reached is a representationalist account guided by two puzzles. The proposal allows one to say in an elegant way what differentiates a propositional attitude from an attitude merely about a proposition. The proposal also allows one to offer a unified account of the non-propositional (...) attitudes that captures both empty and non-empty cases by properly locating the posited representations in the metaphysical structure of the attitudes. (shrink)

According to orthodoxy, perceptual beliefs are caused by perceptual experiences. The paper argues that this view makes it impossible to explain how experiences can be epistemically significant. A rival account, on which experiences in the “good case” are ways of knowing, is set out and defended.

This paper investigates how inquiry into normative language can improve substantive normative theorizing. First I examine two dimensions along which normative language differs: “strength” and “subjectivity.” Next I show how greater sensitivity to these features of the meaning and use of normative language can illuminate debates about three issues in ethics: the coherence of moral dilemmas, the possibility of supererogatory acts, and the connection between making a normative judgment and being motivated to act accordingly. The paper concludes with several brief (...) reflections on the theoretical utility of the distinction—at least so-called—between “normative” and “non-normative” language and judgment. Clarifying the language we use in normative conversation and theorizing can help us diagnose problems with bad arguments and formulate better motivated questions. This can lead to clearer answers and bring into relief new theoretical possibilities and avenues to explore. (shrink)

Especially but not exclusively in the United States, there is a significant gulf between expert opinion and public opinion on a range of important political, social, and scientific issues. Large numbers of lay people hold views contrary to the expert consensus on topics such as climate change, vaccines, and economics. Much political commentary assumes that ordinary people should defer to experts more than they do, and this view is certainly lent force by the literally deadly effects of many denials of (...) established science. But there are complex philosophical issues here, concerning, among other things, (i) what an expert is; (ii) what kind of deference is called for; (iii) and when deference is called for. This entry gives an overview of these three issues and recent work on them. It then examines some potential collective and pragmatic disadvantages of deference, before concluding with reflections on what we can say to those who distrust experts. (shrink)

Recent work on rationality has been increasingly attentive to “coherence requirements”, with heated debates about both the content of such requirements and their normative status (e.g., whether there is necessarily reason to comply with them). Yet there is little to no work on the metanormative status of coherence requirements. Metaphysically: what is it for two or more mental states to be jointly incoherent, such that they are banned by a coherence requirement? In virtue of what are some putative requirements genuine (...) and others not? Epistemologically: how are we to know which of the requirements are genuine and which aren’t? This paper tries to offer an account that answers these questions. On my account, the incoherence of a set of attitudinal mental states is a matter of its being (partially) constitutive of the mental states in question that, for any agent that holds these attitudes jointly, the agent is disposed, when conditions of full transparency are met, to give up at least one of the attitudes. (shrink)

This chapter is centered around an apparent tension that research on implicit bias raises between virtue and social knowledge. Research suggests that simply knowing what the prevalent stereotypes are leads individuals to act in prejudiced ways—biasing decisions about whom to trust and whom to ignore, whom to promote and whom to imprison—even if they reflectively reject those stereotypes. Because efforts to combat discrimination obviously depend on knowledge of stereotypes, a question arises about what to do next. This chapter argues that (...) the obstacle to virtue is not knowledge of stereotypes as such, but the “accessibility” of such knowledge to the agent who has it. “Accessibility” refers to how easily knowledge comes to mind. Social agents can acquire the requisite knowledge of stereotypes while resisting their pernicious influence, so long as that knowledge remains, in relevant contexts, relatively inaccessible. (shrink)

In epistemology and in ordinary life, we make many normative claims about beliefs. As with all normative claims, philosophical questions arise about what – if anything – underwrites these kinds of normative claims. On one view, epistemic instrumentalism, facts about what we (epistemically) ought to believe, or about what is an (epistemic, normative) reason to believe what, obtain at least partly in virtue of our goals (or aims, ends, intentions, desires, etc.). The converse view, anti-instrumentalism, denies this, and holds that (...) the facts about what we ought or have reasons to believe are independent of our goals. In this chapter, I present the case for anti-instrumentalism. I lay out a well-known problem for instrumentalism, which is to say exactly what goal (or goals) grounds our epistemic reasons. For each possible answer, the view seems to generate problematic results. I consider some ways of trying to make the instrumentalist view more sophisticated to solve the problem and reject them. I then note a further problem for instrumentalism that applies regardless of what goal the instrumentalist says grounds our epistemic reasons. Finally, I sketch my preferred positive anti-instrumentalist view and argue that it is more theoretically virtuous than instrumentalism in several respects. (shrink)

In this paper, I defend a new theory of normative reasons called reasons as good bases, according to which a normative reason to φ is something that is a good basis for φing. The idea is that the grounds on which we do things—bases—can be better or worse as things of their kind, and a normative reason—a good reason—is something that is just a good instance of such a ground. After introducing RGB, I clarify what it is to be a (...) good basis, and argue that RGB has various attractive features: it has intuitive implications, makes good sense of the weights of reasons, and attractively explains the relationship between normative reasons and motivating reasons. I then briefly defend the view from objections and compare it to rivals. Finally, I sketch two possible implications of RGB: some kind of constitutivism, according to which the norms that govern us are explained by the nature of agency, and second, the claim that agents who do things for reasons generally do them for good reasons. (shrink)

A possible person’s conditional expected well-being is what the quality of their prospects would be if they were to come into existence. This paper examines the role that this form of expected well-being should play in distributing benefits among prospective people and in deciding who to bring into existence. It argues for a novel egalitarian view on which it is important to ensure equality in people’s life prospects, not merely between actual individuals, but also between all individuals who, given our (...) choices, have a chance of coming into existence. The paper argues that such egalitarianism for prospective people springs from equal concern for each person and has plausible implications. It further shows that it has a rationale in respect for both the unity of the individual and the separateness of persons. Finally, it defends this view against a key objection and shows it is superior to a rival view. (shrink)

An interview by Alex Thomson of UKColumn on Landgrebe and Smith's book: Why Machines Will Never Rule the World. The subtitle of the book is Artificial Intelligence Without Fear, and the interview begins with the question of the supposedly imminent takeover of one profession or the other by artificial intelligence. Is there truly reason to be afraid that you will lose your job? The interview itself is titled 'Where this is no will there is no way', drawing on one (...) thesis of the book to the effect that there will never be anything like the human will on the part of a machine. This is for mathematical reasons. AI is always and in every case a matter of algorithms; thus of applied mathematics. And algorithms are not the sorts of things that can want or desire or intend to do something. It is the human will of those who work at OpenAI or google or microsoft which have given rise to the new shiny objects of AI (ChatGPT and other Large Language Models). And it is the human will of the users of these shiny objects which gives them the resources and power to work their apparent miracles. (shrink)

Does immorality necessarily involve irrationality? The question is often taken to be among the deepest in moral philosophy. But apparently deep questions sometimes admit of deflationary answers. In this case we can make way for a deflationary answer by appealing to dualism about rationality, according to which there are two fundamentally distinct notions of rationality: structural rationality and substantive rationality. I have defended dualism elsewhere. Here, I’ll argue that it allows us to embrace a sensible – I will not say (...) boring – moderate view about the relationship between immorality and irrationality: roughly, that immorality involves substantive irrationality, but not structural irrationality. I defend this moderate view, and argue that many of the arguments for less moderate views turn either on missing the distinction between substantive and structural rationality, or on misconstruing it. (shrink)