In this paper I look at three versions of the charge that liberalism’s emphasis on individuals is detrimental to community—that it encourages a pernicious disregard of others by fostering a particular understanding of the individual and the relation she has with her society. According to that understanding, individuals are fundamentally independent entities who only enter into relations by choice and society is seen as nothing more than a venture voluntarily entered into in order to better oneself. Communitarian critics argue that (...) since liberals neglect the degree to which individuals are dependent upon their society for their self-understanding and understanding of the good, they encourage individuals to maintain a personal distance from others in their society. The detrimental effect this distancing is said to have on communities is often called “asocial individualism” or “asocialism.” I argue that all three versions of the charge fail against liberalism and that liberalism—with its insistence on the normative import of individuals—is not detrimental to communities, but can actually foster strong communities. (shrink)

Some claim that liberalism’s neutrality toward the Good encourages anomie, thereby disallowing social confirmation of beliefs, leaving the individual with an uncertainty about judgments that is opposed to confidence and self-respect. This is the “anomie challenge.” I begin by discussing toleration and neutrality and motivating the problem. I then look at responses to the challenge by liberal pluralists and liberalism’s critics. After dismissing both, I argue that the right to choose is the good to be advocated and that it allows (...) for supportive, but voluntary, social structures. I conclude that liberalism better supports self-respect than the alternatives. (shrink)

Does the wide distribution of political power in democracies, relative to other modes of government, result in better decisions? Specifically, do we have any reason to believe that they are better qualitatively – more reasoned, better supported by the available evidence, more deserving of support – than those which have been made by other means? In order to answer this question we examine the recent effort by Talisse and Misak to show that democracy is epistemically justified. Highlighting the strengths and (...) weaknesses of their arguments, we conclude that the differences between an epistemic conception of democracy and an epistemic justification of democracy are fundamental to determining the relative attractions of different arguments for democracy, and their implications for actual forms of government. -/- . (shrink)

Does the wide distribution of political power in democracies, relative to other modes of government, result in better decisions? Specifically, do we have any reason to believe that they are better qualitatively – more reasoned, better supported by the available evidence, more deserving of support – than those which have been made by other means? In order to answer this question we examine the recent effort by Talisse and Misak to show that democracy is epistemically justified. Highlighting the strengths and (...) weaknesses of their arguments, we conclude that the differences between an epistemic conception of democracy and an epistemic justification of democracy are fundamental to determining the relative attractions of different arguments for democracy, and their implications for actual forms of government. (shrink)

Is there a human right to be governed democratically – and how should we approach such an issue philosophically? These are the questions raised by Joshua Cohen’s 2006 article, ‘Is There a Human Right to Democracy?’ – a paper over which I have agonised since I saw it in draft form, many years ago. I am still uncomfortable with its central claim, that while justice demands democratic government, the proper standard for human rights is something less. But, as I (...) hope to show, the reasons for that discomfort are occasioned less by the thought that democracy may not be a human right than by the very significant gaps in our understanding of rights which debates about the human rights status of democracy exemplify. (shrink)

This paper examines the claims that moral objections to the patenting of human genes are misplaced and rest on confusions about what a patent is, or what is patented by a human gene patent. It shows that theese objections rest on too simple a conception of property rights, and the connections betwteen familiar moral objections to private property and moral objections to the patenting of human genes. Above all, the paper claims, objections to HGPs often reflect worries about the lack (...) of democratic oversight, accountability and participation involved in grants of intellectual property. The paper claims that we should take these worries seriously, whether or not we think HGPs immoral. (shrink)

Lisa Hill’s response to my critique of compulsory voting, like similar responses in print or in discussion, remind me how much a child of the ‘70s I am, and how far my beliefs and intuitions about politics have been shaped by the electoral conflicts, social movements and violence of that period. -/- But my perceptions of politics have also been profoundly shaped by my teachers, and fellow graduate students, at MIT. Theda Skocpol famously urged political scientists to ‘bring the state (...) back in’ to their analyses, and to recognise that political identities, interests and coalitions cannot be read off straightforwardly from people’s socio-economic position. In their different ways, this was the lesson that Suzanne Berger, Charles Sabel and Joshua Cohen tried to teach us, emphasising the ways that political participation and conflict, themselves, can change people’s identities, their sense of what it is desirable and possible, and their ability to recognise, or oppose, the freedom and equality of others. -/- I do not therefore take it as self-evident that the poor and seemingly powerless should be politically apathetic, unwilling to vote, or incapable of imagining a political solution to at least some of the problems confronting them. Nor do I suppose that non-voters are all-of-a-piece, and that their shared interests are, inevitably, more significant, morally or politically, than those which divide them. Such assumptions seem mistaken in the case of voters, and I see no reason why they should be true of non-voters. The people we find in these categories are not predestined to be in one rather than the other; they do not always stay where they start off; and at an individual level, the reasons why people fall into one group, rather than another, are likely to be complex and sometimes unpredictable. -/- Above all I see nothing in a commitment to democratic government, understood realistically or in more idealistic terms, that requires us to treat raising turnout at national elections (once every four years or so) as of such moral or political importance that we should make it legally mandatory. Realistically, it is an open question how far the ballot box is, for most people, the path to empowerment – important though it is that people should have an equal right to vote and to stand as candidates at national elections. On a more idealistic view of democratic politics it is hard to avoid the thought that the importance of national elections to self-government, posited by proponents of compulsory voting, reflects an alienated and alienating view of democracy, in which the choice of our leaders becomes more important than the development and exercise of our own capacities to lead; and in which our awe at the power our leaders might wield is matched only by our inability to imagine less intimidating, distant and centralised forms of politics. -/- But before saying a little more about these points, and their significance for compulsory voting, I would like to dispel some misunderstandings or misrepresentations of my views in Hill’s essay. I do not believe socio-economic disparities in turnout are not worrying for democratic politics, nor do I believe that abstention is generally synonymous with consent. I do not assume that people have a right not to vote, but try to explain why moral and legal rights to abstain are an important part of democratic politics, including electoral politics. (shrink)

Les deux articles d’Eric Fassin, et la réponse de mon collègue Alain Policar, apportent intelligence et lucidité sur un sujet difficile, et un débat pénible que l’on peine à voir dans la polémique de Marianne (n° 1152,2-18 avril), ni malheureusement dans quelques articles sur ces sujets parus dans l’Obs. Pour une non-française, il n’est pas toujours facile de comprendre une lutte, plutôt qu’un ‘débat’, autour du mot ‘race’, qui semble spécifiquement française, mais où néanmoins les idées et textes américains (et (...) parfois anglais) font partie du champ de bataille. J’espère que cette intervention, motivée par la critique de Fassin par Policar, peut être utile même si elle manque de l’élégance et de la maitrise du contexte intellectuel français. (shrink)

Primarily using philosophy, but also some social science, Escape from Leviathan (EfL) explains and defends what it calls an extreme version of the implicit ‘classical liberal compatibility thesis’: liberty, welfare, and anarchy are overwhelmingly complementary in normal practice (rationality is added for its intimate theoretical connections to these categories). This is done using theories, not definitions, of each concept. This important thesis is entirely positive. Therefore, somewhat unusually, all normative issues are avoided as irrelevant distractions in this context. In addition, (...) the epistemology used is also unorthodox. A justificationist, or foundationalist, approach would be literally illogical: the self-refuting trilemma faced by ‘supporting justifications’ (as regards arguments and evidence) is of entailing infinite regresses, dogmatic starting points, or circularities. Consequently, critical rationalism is assumed: conjecture and criticism are all that is possible. Thus all aspects of the conjectured thesis are explained and defended from criticism as thoroughly as the book can encompass. It is concluded that the thesis has not been refuted and so may be critically preferred. (However, this could all still be viewed as a ‘justification’ by those thus inclined.) All of this is made clear enough in the short introductory chapter and repeated where relevant throughout. Yet some reviews do not have a firm grasp of the specific project and so reject it with unsound criticisms. We now turn to one such example. (shrink)

The Zwolinski 2013 "libertarianism and liberty" essays on libertarianism_org are argued to have the following problems: taking libertarianism to be a "commitment" to the view that "liberty is the highest political value" ; examining and rejecting the maximization of liberty without a libertarian theory of liberty; accepting a persuasive sense of "coercion" ; misunderstandingliberty in the work place; conflating, to varying degrees, freedom of action and freedom from aggression and justice/rights/morals; focusing on logically possible clashes instead of practically possible congruence (...) among utility, liberty, and justice – in particular, that "rule (preference-)utilitarianism" fits "rule libertarianism" ; failing to distinguish liberty from license (and power) concerning slavery, and so-called "civil and democratic liberties" (and everything else); the idea that any coherent reference to a quantity of liberty requires precise cardinality; failing to see that the quantity of liberty has an inherently qualitative aspect; misunderstanding property as about limiting freedom; mistaking clashing Hobbesian freedom for non-clashing Lockean liberty; adopting G. A. Cohen's confusion about freedom as the libertarian conception of freedom; assuming the – illogical – epistemology of justification" ; not realizing that both allowing and prohibiting pollution "aggresses" and so "aggressions" need to be minimized; the failure of all six of its reasons for rejecting the non-aggression principle. (shrink)

Is there a place in scientific inquiry for guessing? Jonathan Cohen has recently argued that resorting to guesswork entails a loss of objectivity and regard for evidence which are essential to proper scientific investigation. I assess the merits of Cohen’s view first by taking as a test case Aristotle’s positive view of the role of guesswork (anchinoia) and conjecture (eustochia) in the search for the connections essential to the construction of scientific demonstrations. I then argue contra Cohen (...) that one can usefully employ guesswork while also employing reason; that it is possible to guess either intelligently or mindlessly; and consequently, that the use of guesswork need not represent a diminution in respect for the objectivity essential to scientific investigation. Although I would not claim that guesswork has a role to play in all scientific inquiry, there appear to be some datable instances of the useful and respectable scientific guess. (shrink)

In his article “Nudging and Informed Consent,” Shlomo Cohen (2013) argues, among other things, that 1) “to the extent that the nudge-influenced decision making is rational—in whatever sense,” there...

The New Evil Demon problem has been hotly debated since the case was introduced in the early 1980’s (e.g. Lehrer and Cohen 1983; Cohen 1984), and there seems to be recent increased interest in the topic. In a forthcoming collection of papers on the New Evil Demon problem (Dutant and Dorsch, forthcoming), at least two of the papers, both by prominent epistemologists, attempt to resist the problem by appealing to the distinction between justification and excuses. My primary aim (...) here is to critically evaluate this new excuse maneuver as a response to the New Evil Demon problem. -/- Their response attempts to give us reason to reject the idea that victims of the New Evil Demon have justification for believing as they do. I shall argue that this approach is ultimately unsuccessful, however much of value can be learned from these attempts. In particular, progress in the debate can be made by following those who advance the excuse maneuver and make explicit the connection between epistemic justification and epistemic norms. By doing so, the questions being debated are clarified, as is the methodology being used to attempt to answer them. (shrink)

One of the more obscure arguments for Rawls’ difference principle dubbed ‘the Pareto argument for inequality’ has been criticised by G. A. Cohen (1995, 2008) as being inconsistent. In this paper, we examine and clarify the Pareto argument in detail and argue (1) that justification for the Pareto principles derives from rational selfinterest and thus the Pareto principles ought to be understood as conditions of individual rationality, (2) that the Pareto argument is not inconsistent, contra Cohen, and (3) (...) that the kind of bargaining model required to arrive at the particular unequal distribution that the difference principle picks out is a model that is not based on bargaining according to one’s threat advantage. (shrink)

In this paper, I consider Ripstein and Dan-Cohen's critiques of the 'harm principle'. Ripstein and Dan-Cohen have asserted that the harm principle should be jettisoned, because it allegedly fails to provide a rationale for criminalising certain harmless wrongs that ought to be criminalised. They argue that Kant's second formulation of the categorical imperative and his concept of 'external freedom' are better equipped for ensuring that criminalisation decisions meet the requirements of fairness. Per contra, I assert that Kant's deontological (...) theory is about identifying morally wrongful and rightful conduct: it does not tell the legislature which of those wrongs justify a criminal law response in accordance with the requirements of fairness and justice. Some wrongdoers deserve censure and the stigma that results from criminalisation, but others do not. Kant's deontological theory does not limit the scope of the criminal law merely to those wrongs that deserve a criminal law response. Fair and principled criminalisation requires more than mere wrongdoing. I assert that it is only fair to criminalise wrongs when further normative reasons can be invoked to justify the use of the criminal law as a means for deterring the unwanted conduct. While 'harm to others' is not the only normative reason that can be used to demonstrate that it is fair to criminalise a given act, it is the justification that has the greatest reach. It would not be fair to criminalise mere wrongdoing (that is, every violation of freedom: trespass to goods etc. or every violation of the categorical imperative: every false promise etc.). Nor is it possible to distinguish one violation of freedom from the next, as freedom is not measurable. Thus, murder and trespass to goods would be equally wrong and equally criminalisable in Kant's scheme. A further problem with Dan-Cohen's use of the second formulation of Kant's categorical imperative is that it aims to be an inclusive criterion for identifying conduct that is prima facie criminalisable, but this inclusive approach does not explain the wrongfulness (or in Dan-Cohen's use of the categorical imperative the criminalisableness) of harming animals. In this paper, I demonstrate that the harm principle is able to meet the challenges raised by Ripstein and Dan-Cohen. I also demonstrate that it offers superior criteria for ensuring that criminalisation decisions are fair, just and principled than is offered by Kant's deontological theory. (shrink)

In recent work, Callender and Cohen (2009) and Hoefer (2007) have proposed variants of the account of chance proposed by Lewis (1994). One of the ways in which these accounts diverge from Lewis’s is that they allow special sciences and the macroscopic realm to have chances that are autonomous from those of physics and the microscopic realm. A worry for these proposals is that autonomous chances may place incompatible constraints on rational belief. I examine this worry, and attempt to (...) determine (i) what kinds of conflicts would be problematic, and (ii) whether these proposals lead to problematic conflicts. After working through a pair of cases, I conclude that these proposals do give rise to problematic conflicts. (shrink)

Filosofía Judía, una noción, problemática, incluso ambigua para muchos, catalogada como incierta, dado su ligamen con una comprensión de filosofía regionalizada, e incluso como una filosofía de una nación. Sin embargo, tales barullos encuentran una contraposición, desde un área académica que apunta al esclarecimiento de la noción. Uno de los trabajos que retoman esta labor de elucidación se desprende del texto intitulado “History of Jewish Philosophy” editado por Daniel H. Frank y Olivier Leaman (1997), en dicho trabajo se realiza una (...) mención de principios y fundamentos, así como una descripción de diferentes momentos del pensamiento desde la época medieval hasta nuestros días. En el escrutinio de las fuentes de reflexión de la designada Filosofía Judía, ahí se reconocer como elementos de inspiración el Tanaj, el Talmud y la interacción con las escuelas griegas de pensamiento; además, en lo que respecta al itinerario investigativo, los autores exponen una serie de propuestas, de múltiples autores ligados a este tendencia, entre los que se pueden citar Moses Maimonides, Hermann Cohen, Franz Rosenzweig, Martin Buber y Emmanuel Levinas. (shrink)

Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the effect that efforts to protect people’s privacy will threaten press freedom, promote self-censorship and prevent the press from fulfilling its vital function of informing the public and keeping a watchful eye on the activities and antics of the powerful.[Brown, 2009, 13 January]1 Effective (...) protections for privacy, from such a perspective, inevitably pose a threat to democratic government via the constraints that they place on the press. Such concerns with privacy must be taken seriously by anyone who cares about democratic government, and the freedom, equality and wellbeing of individuals. But if it is one thing to say that privacy and freedom of expression cannot always be fully protected, it is another to suppose that protections for the one must always come at the expense of the other. After all, the economics of contemporary politics and journalism would seem to be partly responsible for our difficulties in protecting personal privacy while sustaining robust and informative forms of public discourse. [Moore, 2010, 10 -141]2 Most newspapers are loss-making businesses and the need to reduce those losses and, if possible, to turn a profit, make investigative journalism an increasingly expensive proposition as compared to both “comment” and more or less elevated forms of gossip. At the same time, politics has increasingly become the prerogative of a narrow group of people with access to the large sums of money necessary successfully to compete for high office. In those circumstances, the need for critical scrutiny is as important as it is difficult. Revising our ideas about privacy and its protection cannot alone reduce the tensions between freedom of expression and personal privacy typical of our societies, necessary though such revision may be. Moreover, this paper can only touch on some aspects of the ways in which we need to rethink our interests in privacy, in order adequately to reflect people’s diverse interests in freedom of expression, and the important role of a free press to democratic government. Nonetheless, I hope to suggest ways of thinking about people’s claims to privacy which can be generalised fairly readily, and can help us to think constructively about the nature, causes and solutions to some important social and political problems, even if, in its nature, philosophical analysis rarely tells us what to do. More specifically, this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

According to Mathias Risse and Richard Zeckhauser, racial profiling can be justified in a society, such as the contemporary United States, where the legacy of slavery and segregation is found in lesser but, nonetheless, troubling forms of racial inequality. Racial profiling, Risse and Zeckhauser recognize, is often marked by police abuse and the harassment of racial minorities and by the disproportionate use of race in profiling. These, on their view, are unjustified. But, they contend, this does not mean that all (...) forms of racial profiling are unjustified; nor, they claim, need one be indifferent to the harms of racism in order to justify racial profiling. In fact, one of the aims of their paper is to show that racial profiling, suitably understood, “is consistent with support for far-reaching measures to decrease racial inequities and inequality.” Hence, one of their most striking claims, in an original and provocative paper, is that one can endorse racial profiling without being in any way indifferent to the disadvantaged status of racial minorities. In an initial response to these claims, I argued that Risse and Zeckhauser tend to underestimate the harms of racial profiling. I suggested two main reasons why they did so. The first is that they tend to identify the more serious harms associated with profiling with background racism, and therefore to believe that these are not properly attributable to profiling itself. The second reason is that they ignore the ways in which background racism makes even relatively minor harms harder to bear and to justify than would otherwise be the case. Hence, I concluded, racial profiling cannot be a normal part of police practice in a society still struggling with racism, although under very special conditions and with special regulation and compensation in place, it might be justified as an extraordinary police measure. I want to stand by those claims. However, Risse’s response to my arguments persuades me that I misinterpreted his earlier position in one significant respect. So I will start by explaining what interpretive mistake I believe that I made. I will then argue that despite Risse’s patient and careful response to my arguments, my initial concerns with his justification of profiling remain valid. -/- . (shrink)

In this paper, I explore the possibility of developing a Kantian account of the ethics of belief by deploying the tools provided by Kant's ethics. To do so, I reconstruct epistemic concepts and arguments on the model of their ethical counterparts, focusing on the notions of epistemic principle, epistemic maxim and epistemic universalizability test. On this basis, I suggest that there is an analogy between our position as moral agents and as cognizers: our actions and our thoughts are subject to (...) the same rational norm. (shrink)

Devrions-nous remplacer les élections par des loteries ? Le célèbre livre de Bernard Manin sur le gouvernement représentatif a appris à beaucoup que les Grecs considéraient les élections comme un moyen aristocratique, et non démocratique, de sélectionner des personnes pour le pouvoir et l'autorité politique, en comparaison avec le tirage au sort, où chacun a une chance égale d'être sélectionné. (Manin 1997) Jusqu'à récemment, cependant, l'idée qu'un engagement envers la démocratie nécessite de remplacer les élections par le tirage au sort (...) a suscité peu d'intérêt parmi les philosophes politiques. (Blondiaux, 2008 ; Courant et Sintomer, 2019) Cela a maintenant changé. (Abizadeh 2020) ( A. Guerrero 2014) (A. Guerrero 2021b ; 2021a) (Landemore 2020) (Owen et Smith 2018) (P.-É. Vandamme et al. 2018). Cet article pose donc la question de savoir si le tirage au sort est plus démocratique que les élections et si, pour cette raison, nous devrions l’utiliser pour compléter ou remplacer les élections ? (shrink)

Must we vote for the common good? This isn’t an easy question to answer, in part because there is so little literature on the ethics of voting and, such as there is, it tends to assume without argument that we must vote for the common good. Indeed, contemporary political philosophers appear to agree that we should vote for the common good even when they disagree about seemingly related matters, such as whether we should be legally required to vote, whether we (...) are entitled to vote secretly rather than openly, or what form of democracy is most morally desirable.1 Such agreement is puzzling, then, given the extensive disagreements that surround it. Hence, the aim of this paper is to consider whether the only morally correct way to vote is to vote for the common good. My hope is that even those who are not persuaded by the answers that I can offer at the moment, will find that the question is less easy to answer than they may have thought, and that the ethics of voting merits more sustained attention than it has received thus far. (shrink)

What does it mean to treat people as equals when the legacies of feudalism, religious persecution, authoritarian and oligarchic government have shaped the landscape within which we must construct something better? This question has come to dominate much constitutional practice as well as philosophical inquiry in the past 50 years. The combination of Second Wave Feminism with the continuing struggle for racial equality in the 1970s brought into sharp relief the variety of ways in which people can be treated unequally, (...) while respecting the formalities of constitutional government. Most obviously, the content of laws can mistreat them by wrongfully assuming that they are either threats to others, or that, like children, they need to be protected from harm through paternalistic limitations on their freedom of action. Or, as those concerned with class inequality have long noted, formal equality can create legal requirements, permissions, and prohibitions whose burdens fall predictably, and often solely, on groups who are already marginalised, and most in need of state protection. (Kairys, David 1990) Above all, what these two great political movements made plain, is that a concern for group inequality and, specifically, group injustice must figure in the formulation and adjudication of individual rights, if legal protections for equality are adequately to combat the causes of inequality. Getting to grips with that challenge, it became obvious, required going beyond the familiar analyses of inequality inherited from Liberalism and Marxism, given the many different ways in which people can be equal or unequal.(Hackett and Haslanger 2006, 3 - 15) In the first part of this chapter, I will seek to illustrate these claims, by focusing on efforts to reframe the theory and practice of constitutional equality given demands for sexual and racial equality. I will then show that analytic philosophy has also come to recognise the various non-reducible dimensions of equality in ways that reinforce the claims of critical legal theory, even as philosophers highlight their disconcerting consequences. If equality has multiple irreducible dimensions, conflicts between the legitimate demands of equality are unavoidable features of law and politics, even in the best possible world, and are likely to be particularly painful when set against a background of historical injustice. The chapter concludes with the challenges to democratic constitutionalism, and the scope for constructive responses to those challenges, which the rapprochement between critical and analytic thinking on equality suggests. (shrink)

This chapter is concerned with the role of democracy in preventing terrorism, identifying and apprehending terrorists, and in minimizing and alleviating the damage created by terrorism.1 Specifically, it considers the role of democracy as a resource, not simply a limitation, on counterterrorism.2 I am mainly concerned with the ways in which counterterrorism is similar to more familiar forms of public policy, such as the prevention of crime or the promotion of economic prosperity, and so nothing that I say turns on (...) being able sharply to distinguish terrorism from other bad things that democracies have to face. I will not, then, address the extensive debate on the best way to define terrorism.3 However, I assume that terrorists characteristically seek to terrorize people in order to secure their particular ends. What forms that terror takes, what people terrorists seek to terrorize, and what ends terrorists seek to promote I assume to be indeterminate, open to change, and a matter for empirical investigation. However, I take it that the IRA, Baader Meinhoff, and the Red Brigade, as well as certain animal rights groups in the United Kingdom and certain anti-abortion groups in the United States, are examples of terrorist groups and individuals. In short, I will be assuming that terrorism is principally characterized by the choice of means to given ends, rather than by the ends themselves, and that it is the choice of means, rather than the favored ends, that makes terrorism so problematic from a democratic perspective. However good the goal, terrorizing a population—whether or not this involves killing the innocent—is morally wrong and, from a democratic perspective, an abuse of power over the lives of others. While the use of terror may indicate that the ends sought by terrorists are such that people cannot be expected to support them voluntarily, there is no justification for supposing that the ends of terrorism must be morally or politically unacceptable simply because the means are both. It is a staple of ordinary life—not merely of philosophical examples—that people are sometimes unjustified in the means they use in order to accomplish perfectly acceptable ends. So, the ends terrorists seek are, or might become, morally or politically acceptable without in any way altering our objections to the use of terror as a tool for promoting them. (shrink)

The aim of this paper is to explore Kant’s account of normativity through the prism of the distinction between the natural and the human sciences. Although the pragmatic orientation of the human sciences is often defined in contrast with the theoretical orientation of the natural sciences, I show that they are in fact regulated by one and the same norm, namely reason’s demand for autonomy.

In this paper I respond to Mathias Risse's objections to my critique of his views on racial profiling in Philosophy and Public Affairs. I draw on the work of Richard Sampson and others on racial disadvantage in the USA to show that racial profiling likely aggravates racial injustices that are already there. However, I maintain, clarify and defend my original claim against Risse that racial profiling itself is likely to cause racial injustice, even if we abstract from unfair background conditions. (...) I then respond to Levin's claims that there is no serious racial injustice in the contemporary USA and differentiate between Risse's attempt - albeit unsuccessful - to provide an egalitarian justification for racial profiling from the frankly inegalitarian assumptions that underpin the claims of Michael Levin. (shrink)

If updating with E has the same result across all epistemically possible worlds, then the agent has no uncertainty as to the behavior of the update, and we may call it a transparent update. If an agent is uncertain about the behavior of an update, we may call it opaque. In order to model the uncertainty an agent has about the result of an update, the same update must behave differently across different possible worlds. In this paper, I study opaque (...) updates using a simple system of dynamic epistemic logic suitably modified for that purpose. The paper highlights the connection between opaque updates and the dynamic-epistemic principles Perfect-Recall and No-Miracles. I argue that opaque updates are central to contemporary discussions in epistemology, in particular to externalist theories of knowledge and to the related problem of epistemic bootstrapping, or easy knowledge. Opaque updates allow us to explicitly investigate a dynamic form of uncertainty, using simple and precise logical tools. (shrink)

While it is well known that Kant’s transcendental idealism forbids the transcendent use of reason and its ideas, what had been underexplored until the last decade or so is his account of the positive use of reason’s ideas as it is expounded in the “Appendix” of the Critique of Pure Reason. The main difficulty faced by his account is that while there is no doubt that for Kant we need to rely on the ideas of reason in order to gain (...) knowledge of the empirical world, the justificatory grounds for our use remain unclear. Commentators have suggested various ways of addressing this worry. Some emphasize that reason’s demand for systematicity is purely methodological; others that the assumption that nature itself is systematically unified is transcendentally necessary. Some simply deem Kant’s account “extremely self-contradictory.” What is clear is that if neither the presupposition of nature’s systematic unity nor the command to seek this unity have any justification, reason’s regulative function, which plays a crucial role in Kant’s account of cognition, also lacks justification. This would be a disastrous result, for it would threaten the very possibility of cognition and its progress. This chapter proposes to tackle this problem from a new angle by exploring the role of reason’s feelings in Kant’s account. While the relationship between practical reason and feeling has been explored at length in the literature, the relationship between theoretical reason and feeling has not, and my aim is to suggest that doing so can shed new light on reason’s cognitive activity. For focusing on the fact that theoretical reason’s need manifests itself as a feeling will enable me to reassess how this need is met through reason’s regulative use of its ideas. (shrink)

This paper argues that contrary to what is often thought, virtue for Kant is not just a matter of strength of will; it has an essential affective dimension. To support this claim, I show that certain affective dispositions, namely moral feelings and desires, are virtuous in the sense that they are constitutive of virtue at the affective level. There is thus an intrinsic connection between an agent’s practice of virtue and the cultivation of her affective dispositions.

According to Kant, the singular judgement ‘This rose is beautiful’ is, or may be, aesthetic, while the general judgement ‘Roses in general are beautiful’ is not. What, then, is the logical relation between the two judgements? I argue that there is none, and that one cannot allow there to be any if one agrees with Kant that the judgement ‘This rose is beautiful’ cannot be made on the basis of testimony. The appearance of a logical relation between the two judgements (...) can, however, be explained in terms of what one does in making a judgement of taste. Finally, I describe an analogy between Kant's treatment of judgements of taste and J. L. Austin's treatment of explicit performative utterances, which I attribute to a deeper affinity between their respective projects. (shrink)

In the recent literature on the issue, a number of commentators have argued that Kant’s aesthetic theory commits him to the position that nothing is ugly. For instance, in ‘Why Kant finds nothing ugly’, Shier argues that ‘within Kant’s aesthetics, there cannot be any negative judgments of taste’ (Shier (1998): 413). And in ‘Kant’s problems with ugliness’, Thomson claims that ‘Kant’s aesthetic theory precludes […] ugliness’ (Thomson (1992): 107). In other words, as it is presented in some of the literature, (...) Kant’s account of aesthetic judgment seems to preclude him from accounting for the possibility of ugliness. A number of reasons have been put forward to explain why there can be no ugliness for Kant. Some have to do with his account of experience in general. Others have to do with the very nature of the free play between imagination and understanding. Of course, the real source of the problem is that the Critique of Judgment does not actually discuss ugliness, so commentators are left with the task of filling in the gaps. This paper aims to argue that Kant’s account of aesthetic judgment commits him not only to the existence of the ugly, but to the distinction between two kinds of ugliness. To support this claim, I will start from the premise that if there is to be room for ugliness, it should be defined as the contrary of beauty. However, I will suggest that Kant’s account of beauty can be negated in two ways, one that gives rise to impure ugliness and the other to pure ugliness. I will examine them in turn, first by showing that impure ugliness is the contrary of beauty insofar as it contravenes our interests and produces a desire to dispose of it, whereas beauty is necessarily disinterested for Kant. In the second section, I will use Kant’s definition of judgments of pure beauty to carve a space for an account of pure ugliness. For, it should present all the characteristics that make it “pure” whilst replacing the characteristics that make it beautiful with the ones that make it ugly. On this basis, I will define pure ugliness as the disinterested displeasure caused by the experience of what I will call “foul play” between the imagination and the understanding. (shrink)

In line with familiar portrayals of Kant's ethics, interpreters of his philosophy of education focus essentially on its intellectual dimension: the notions of moral catechism, ethical gymnastics and ethical ascetics, to name but a few. By doing so, they usually emphasise Kant's negative stance towards the role of feelings in moral education. Yet there seem to be noteworthy exceptions: Kant writes that the inclinations to be honoured and loved are to be preserved as far as possible. This statement is not (...) only at odds with Kant's general claim that education should not encourage feelings, but more importantly, it encourages a feeling that is in many ways paradigmatically un-Kantian. How are we to understand the fact that of all feelings, the love of honour should be preserved? To answer this question, I begin by clarifying the reasons behind Kant's negative stance towards feelings in moral education. I then turn to his account of the feeling of love of honour. After distinguishing between its good and its bad forms, I consider two ways of making sense of the positive role Kant assigns to it. The first, modest reading will suggest that the feeling of love of honour is morally useful because it has two functions: an epistemic one, and a motivational one. The second, more ambitious reading will suggest that the feeling of love of honour enables the child to experience her inner worth as bearer of value. (shrink)

The aim of this paper is to show that for Kant, a combination of epigenesis and monogenesis is the condition of possibility of anthropology as he conceives of it and that moreover, this has crucial implications for the biological dimension of his account of human nature. More precisely, I begin by arguing that Kant’s conception of mankind as a natural species is based on two premises: firstly the biological unity of the human species (monogenesis of the human races); and secondly (...) the existence of ‘seeds’ which may or may not develop depending on the environment (epigenesis of human natural predispositions). I then turn to Kant’s account of man’s natural predispositions and show that far from being limited to the issue of races, it encompasses unexpected human features such as gender, temperaments and nations. These predispositions, I argue, are means to the realisation of Nature’s overall purpose for the human species. This allows me to conclude that man’s biological determinism leads to the species’ preservation, cultivation and civilisation. (shrink)

On my interpretation of Kant, feeling plays a central role in the mind: it has the distinct function of tracking and evaluating our activity in relation to ourselves and the world so as to orient us. In this article, I set out to defend this view against a number of objections raised by Melissa Merritt and Uri Eran. I conclude with some reflections on the fact that, despite being very different, Merritt and Eran’s respective views of Kantian feelings turn out (...) to have something potentially problematic in common: they blur the boundary between feelings and other kinds of mental states. (shrink)

The aim of this paper is to show that for Kant, a combination of epigenesis and monogenesis is the condition of possibility of anthropology as he conceives of it and that moreover, this has crucial implications for the biological dimension of his account of human nature. More precisely, I begin by arguing that Kant’s conception of mankind as a natural species is based on two premises: firstly the biological unity of the human species (monogenesis of the human races); and secondly (...) the existence of ‘seeds’ which may or may not develop depending on the environment (epigenesis of human natural predispositions). I then turn to Kant’s account of man’s natural predispositions and show that far from being limited to the issue of races, it encompasses unexpected human features such as gender, temperaments and nations. These predispositions, I argue, are means to the realisation of Nature’s overall purpose for the human species. This allows me to conclude that man’s biological determinism leads to the species’ preservation, cultivation and civilisation. (shrink)

Within the ambit of modernity, "to be" a "person" means "to have" "a body." But what exactly do we mean when we say: ‘I have a body’? Who or what is this ‘I’ that ‘has’ ‘a body’ anyway? And how and why does this ‘having’, this possessing, of ‘a body’ confer legal and psychological personhood on us? Does such bodily possession necessarily define a mode of ‘self ownership’? Is distinguishing between the notions of ‘being an organism’, or even ‘being alive’, (...) and ‘having a body’ just a matter of semantics? Or are there pragmatic, bio-political consequences to the ways we construe our vitality and embodiment? Can thinking about ‘the body’ as a (or even, the) matter of ‘self possession’ tell us something interesting about how ‘personhood’ informs our lives? After all, what is ‘the nature’ of ‘the body’, if it can be possessed in such a manner? And does this proprietary way of thinking exhaust the possibilities for how we can imagine what it means to be an organism, a person, a citizen or a human? (shrink)

Williamson (2000) argues that the KK principle is inconsistent with knowledge of margin for error in cases of inexact perceptual observations. This paper argues, primarily by analogy to a different scenario, that Williamson’s argument is fallacious. Margin for error principles describe the agent’s knowledge as a result of an inexact perceptual event, not the agent’s knowledge state in general. Therefore, epistemic agents can use their knowledge of margin for error at most once after a perceptual event, but not more. This (...) insight blocks a crucial step in Williamson’s original argument. Along the way, the value of standard epistemic logic for analyzing margin for error reasoning is challenged. (shrink)

In recent decades, theories of representation have undergone a constructivist turn, as many theorists no longer view the represented subject as prior to but rather as an effect of representation. Whereas some critics have claimed that lacking an ontologically pre-given subject undermines the theory of representation, many democratic theorists have sought to reconceptualize representation and its democratic possibilities by turning away from ontological questions altogether. By focusing instead on how representatives come to know the public interest, many scholars now contend (...) that an epistemological account best explains how political representation can foster democratic participation. Yet, theorists of representation have not assessed whether this turn to epistemology has overcome the ontological problems that initially motivated it. This article tracks epistemological defenses of representation to outline two models of political representation that attempt to tackle the epistemological problem of constituent interest without positing a foundational ontology of the subject. I argue that both theoretical tendencies ultimately remain caught in the problems of ontology, thereby undercutting their normative aspirations to foster political participation. Turning to Hannah Arendt’s comments on public interest and her writings on council democracy, the article retheorizes the concept of political representation to avoid the ontological problems that beset current accounts. (shrink)

In Considerations on Representative Government, John Stuart Mill concedes that secrecy in voting is often justified but, nonetheless, maintains that it should be the exception rather than the rule. This paper critically examines Mill’s arguments. It shows that Mill’s idea of voting depends on a sharp public/private distinction which is difficult to square with democratic ideas about the different powers and responsibilities of voters and their representatives, or with legitimate differences of belief and interest amongst voters themselves. Hence, it concludes, (...) we should reject the assumption, which many of us share with Mill, that the secret ballot is justified only on prudential grounds and recognise how central privacy is to any democratic conception of citizenship and politics. (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)

In this paper, I defend what may seem a surprising view: that John Stuart Mill’s famous harm principle would, if taken to be what justifies government action, disallow the existence of corporations. My claim is not that harmful activities of currently existing corporations warrants their losing corporate status according to the harm principle. The claim, rather, is that taken strictly, the harm principle and the legal possibility of incorporation are mutually exclusive. This view may be surprising—and I do not at (...) all mean to attribute it to Mill—but if I am right, it should be obvious. It should also encourage us to think more about the nature of the markets within which business occurs. (shrink)

: Does the rejection of pure proceduralism show that we should adopt Brettschneider’s value theory of democracy? The answer, this paper suggests, is ‘no’. There are a potentially infinite number of incompatible ways to understand democracy, of which the value theory is, at best, only one. The paper illustrates and substantiates its claims by looking at what the secret ballot shows us about the importance of privacy and democracy. Drawing on the reasons to reject Mill’s arguments for open voting, in (...) a previous paper by A. Lever, it argues that people’s claims to privacy have a constitutive, as well as an instrumental, importance to democratic government, which is best seen by attending to democracy as a practice, and not merely as a distinctive set of values. (shrink)

As has been noted in the recent literature on Kant’s ethics, Kant holds that although natural drives such as feelings, emotions and inclinations cannot lead directly to moral worth, they nevertheless play some kind of role vis-à-vis morality. The issue is thus to understand this role within the limits set by Kant’s account of freedom, and it is usually tackled by examining the relationship between moral and non-moral motivation in the Groundwork, the Critique of Practical Reason, and more recently, the (...) Anthropology. In this respect, the aim of this paper is to argue that the Observations is a peculiar work, for by contrast with later works, its focus is not on the ways in which nature helps human beings become more moral, or better moral agents, but rather on how it ensures that the human species survives and flourishes independently of its morality, and in particular despite its lack thereof. In this sense, the Observations emphasizes first that the human species can, and does, function independently of its moral worth; and second, that it is intended to function beautifully has a whole in spite of its lack of moral worth. On this basis, I will conclude that the Kant of the Observations is more akin to a Mandeville than a Rousseau – he describes the functioning of the species, spelling out its survival mechanisms through natural drives, rather than explains that and how it ought to perfect itself. (shrink)

Should voting be compulsory? This question has recently gained the attention of political scientists, politicians and philosophers, many of whom believe that countries, like Britain, which have never had compulsion, ought to adopt it. The arguments are a mixture of principle and political calculation, reflecting the idea that compulsory voting is morally right and that it is will prove beneficial. This article casts a sceptical eye on the claims, by emphasizing how complex political morality and strategy can be. Hence, I (...) show, while there are good reasons to worry about voter turnout in established democracies, and to worry about inequalities of turnout as well, the case for compulsory voting is unpersuasive. (shrink)

I aim in this paper to provide defense of one way to look at what should be regulated in the market place. In particular, I discuss what should be tolerated and argue against corporate welfare. I begin by endorsing John Stuart Mill’s harm principle as a normative principle of toleration. I call strict commitment to the harm principle when considering the regulatory structure of markets market libertarianism and oppose that to promotionism, the view that endorses government interference to promote business (...) interests. I next discuss the widespread use of promotionist policies, arguing against them and for market libertarianism. I also consider problems for my view, recognizing that one of my responses may leave some thinking the paper is a reductio of the market libertarian view because of the sort of slow-growth state it endorses. Others will recognize it as a view promoted by some of the U.S. founding fathers and find it attractive in its own right. (shrink)

Whether Social Media Companies (hereafter, SMCs) such as Twitter and Facebook limit speech is an empirical question. No one disputes that they do. Whether they “censor” speech is a conceptual question, the answer to which is a matter of dispute. Whether they may do so is a moral question, also a matter of dispute. We address both of these latter questions and hope to illuminate whether it is morally permissible for SMCs to restrict speech on their platforms. This could be (...) part of a larger argument, when we do not explicitly offer here, that states ought not to forbid SMCs from censoring. We do not focus on legal statutes or precedent. We argue that nonstate actors can (as a conceptual matter) and may (as a moral matter) impede the freedoms of others to express themselves. That is, barring rare emergencies, nonstate actors may censor individuals even when states may not. (shrink)

The task of this paper is to provide what is necessary for a conceptual analysis of toleration such that one would have a clear definition of this central liberal tenet. First, notions related to but different from toleration are discussed; this provides guidance by introducing the likely definitional conditions of toleration. Next, those conditions are explicated and defended. Putting the conditions together, we can say an agent tolerates when she intentionally and on principle refrains from interfering with an opposed other (...) (or their behavior, etc.), though she believes she has the power to interfere. This definition is neither normatively loaded nor sufficient for moral or political theory. Readers may also prefer a definition made with some subset of the conditions rather than all. (shrink)