According to the powerful qualities view, properties are both powerful and qualitative. Indeed, on this view the powerfulness of a property is identical to its qualitativity. Proponents claim that this view provides an attractive alternative to both the view that properties are pure powers and the view that they are pure qualities. It remains unclear, however, whether the claimed identity between powerfulness and qualitativity can be made coherent in a way that allows the powerful qualities view to constitute this sort (...) of alternative. I argue here that this can be done, given a particular conception of both the qualitativity and powerfulness of properties. On this conception, a property is qualitative just in the sense that its essence is fixed independently of any distinct properties, and it is powerful just if its essence grounds its dispositional role. (shrink)

Many philosophers have suggested that claims of need play a special normative role in ethical thought and talk. But what do such claims mean? What does this special role amount to? Progress on these questions can be made by attending to a puzzle concerning some linguistic differences between two types of 'need' sentence: one where 'need' occurs as a verb, and where it occurs as a noun. I argue that the resources developed to solve the puzzle advance our understanding of (...) the metaphysics of need, the meaning of 'need' sentences, and the function of claims of need in ethical discourse. (shrink)

It is often taken for granted that our desires can contribute to what it is rational for us to do. This paper examines an account of desire—the ‘guise of the good’— that promises an explanation of this datum. I argue that extant guise-of-the-good accounts fail to provide an adequate explanation of how a class of desires—basic desires—contributes to practical rationality. I develop an alternative guise-of-the-good account on which basic desires attune us to our reasons for action in virtue of their (...) biological function. This account emphasises the role of desire as part of our competence to recognise and respond to normative reasons. (shrink)

Discussions about the nature of essence and about the inference problem for non-Humean theories of nomic modality have largely proceeded independently of each other. In this article I argue that the right conclusions to draw about the inference problem actually depend significantly on how best to understand the nature of essence. In particular, I argue that this conclusion holds for the version of the inference problem developed and defended by Alexander Bird. I argue that Bird’s own argument that this problem (...) is fatal for David Armstrong’s influential theory of the laws of nature but not for dispositional essentialism is seriously flawed. In place of this argument, I develop an argument that whether Bird’s inference problem raises serious difficulties for Armstrong’s theory depends on the answers to substantial questions about how best to understand essence. The key consequence is that considerations about the nature of essence have significant, underappreciated implications for Armstrong’s theory. (shrink)

This is the English (and extended version) of an interview originally published in Estonian in October 2018. In the interview, Simpson summarizes a particular way of defending the practice of no-platforming. The varying appeal of different defences of the practice in different socio-historical contexts (i.e. the UK/US versus a post-Soviet country such as Estonia) is discussed also.

The pandemic has been the most vivid agent of change that many of us have known. But it has not changed everything: plenty of the institutions, norms, and practices that sustain racial capitalism, settler colonialism, and cisheteropatriarchy have either weathered the storm of the crisis or been nourished by its effects. And yet enough has changed for us to see that the pandemic has profoundly recontextualised those structures and systems of violence, bringing us into a fresh negotiation with, for example, (...) the question of how we discuss and imagine freedom. Responding in part to this unexpected provocation, activist-scholars Robyn Maynard and Leanne Betasamosake Simpson forged a collaboration from the lockdown of 2020, corresponding by letter to create their forthcoming book, Rehearsals for Living, due to be published by Haymarket Books (US) and Knopf (Canada) in 2022. In this interview, we asked them to explain the epistolary form of the book and expand on the concept of “rehearsal”, before inviting them to reflect on a series of issues that animate our current crises: the politics of recognition; the notion of apocalypse; ways to disrupt linear temporalities; practises of reciprocity against proprietary logics; the gendered violence of state apparatuses; and worldbuilding as a method of resistance. In their expansive answers, Robyn and Leanne draw on their experiences as organisers and educators, commenting on anticolonial struggles, the Movement for Black Lives, and the rise of abolition discourse. Stressing the need to build a multiplicity of shared homespaces in the face of racial/colonial capitalism and organized abandonment, they challenge us to rethink the predicaments and possibilities of the present, enabling us to imagine futures liberated of extractivist, carceral governance – “planting more liberatory futures in the present”, as Robyn puts it. The task of sowing those seeds is a collective praxis of rewriting the narratives that constitute us, refusing to hear that nothing can change and insisting that everything must. (shrink)

A recent, seemingly appealing version of the powerful qualities view defines properties’ qualitativity via an essentialist claim and their powerfulness via a grounding claim. Roughly, this approach holds that properties are qualities because they have qualitative essences, while they are powerful because their instances or essences ground causal-modal facts. I argue that this theory should be replaced with one that defines the powerfulness of qualities in terms of both a grounding claim and a ‘meta-grounding’ claim. Specifically, I formulate and defend (...) a view on which qualities are powerful just if instances of those qualitiesat least partiallyground dispositionsin virtue of the essences of those qualities. (shrink)

Facts about need play some role in our causal understanding of the world. We understand, for example, that people have basic needs for food, water and shelter, and that people come to be harmed because those needs go unmet. But what are needs? How do explanations in terms of need fit into our broader causal understanding of the world? This paper provides an account of need attribution, their contribution to causal explanations, and their relation to disposition attribution.

Understanding everyday behavior relies heavily upon understanding our ability to improvise, how we are able to continuously anticipate and adapt in order to coordinate with our environment and others. Here we consider the ability of musicians to improvise, where they must spontaneously coordinate their actions with co-performers in order to produce novel musical expressions. Investigations of this behavior have traditionally focused on describing the organization of cognitive structures. The focus, here, however, is on the ability of the time-evolving patterns of (...) inter-musician movement coordination as revealed by the mathematical tools of complex dynamical systems to provide a new understanding of what potentiates the novelty of spontaneous musical action. We demonstrate this approach through the application of cross wavelet spectral analysis, which isolates the strength and patterning of the behavioral coordination that occurs between improvising musicians across a range of nested time-scales. Revealing the sophistication of the previously unexplored dynamics of movement coordination between improvising musicians is an important step towards understanding how creative musical expressions emerge from the spontaneous coordination of multiple musical bodies. (shrink)

I defend a new account of constitutive essence on which an entity’s constitutively essential properties are its most fundamental, nontrivial necessary properties. I argue that this account accommodates the Finean counterexamples to classic modalism about essence, provides an independently plausible account of constitutive essence, and does not run into clear counterexamples. I conclude that this theory provides a promising way forward for attempts to produce an adequate nonprimitivist, modalist account of essence. As both triviality and fundamentality in the account are (...) understood in terms of grounding, the theory also potentially has important implications for the relation between essence and grounding. (shrink)

May lethal autonomous weapons systems—‘killer robots ’—be used in war? The majority of writers argue against their use, and those who have argued in favour have done so on a consequentialist basis. We defend the moral permissibility of killer robots, but on the basis of the non-aggregative structure of right assumed by Just War theory. This is necessary because the most important argument against killer robots, the responsibility trilemma proposed by Rob Sparrow, makes the same assumptions. We show that the (...) crucial moral question is not one of responsibility. Rather, it is whether the technology can satisfy the requirements of fairness in the re-distribution of risk. Not only is this possible in principle, but some killer robots will actually satisfy these requirements. An implication of our argument is that there is a public responsibility to regulate killer robots ’ design and manufacture. (shrink)

Desire satisfaction has not received detailed philosophical examination. Yet intuitive judgments about the satisfaction of desires have been used as data points guiding theories of desire, desire content, and the semantics of ‘desire’. This paper examines desire satisfaction and the standard propositional view of desire. Firstly, I argue that there are several distinct concepts of satisfaction. Secondly, I argue that separating them defuses a difficulty for the standard view in accommodating desires that Derek Parfit described as ‘implicitly conditional on their (...) own persistence’, a problem posed by Shieva Kleinschmidt, Kris McDaniel, and Ben Bradley. The solution undercuts a key motivation for rejecting the standard view in favour of more radical accounts proposed in the literature. (shrink)

Permissivism says that for some propositions and bodies of evidence, there is more than one rationally permissible doxastic attitude that can be taken towards that proposition given the evidence. Some critics of this view argue that it condones, as rationally acceptable, sets of attitudes that manifest an untenable kind of arbitrariness. I begin by providing a new and more detailed explication of what this alleged arbitrariness consists in. I then explain why Miriam Schoenfield’s prima facie promising attempt to answer the (...) Arbitrariness Objection, by appealing to the role of epistemic standards in rational belief formation, fails to resolve the problem. Schoenfield’s strategy is, however, a useful one, and I go on to explain how an alternative form of the standards-based approach to Permissivism – one that emphasizes the significance of the relationship between people’s cognitive abilities and the epistemic standards that they employ – can respond to the arbitrariness objection. (shrink)

In recent work Mary Kate McGowan presents an account of oppressive speech inspired by David Lewis's analysis of conversational kinematics. Speech can effect identity-based oppression, she argues, by altering 'the conversational score', which is to say, roughly, that it can introduce presuppositions and expectations into a conversation, and thus determine what sort of subsequent conversational 'moves' are apt, correct, felicitous, etc., in a manner that oppresses members of a certain group (e.g. because the suppositions and expectations derogate or demean members (...) of that group). In keeping with the Lewisian picture, McGowan stresses the asymmetric pliability of conversational scores. She argues that it is easier to introduce (for example) sexist presuppositions and expectations into a conversation than it is to remove them. Responding to a sexist remark, she thus suggests, is like trying to "unring a bell". I begin by situating McGowan's work in the wider literature on speech and social hierarchy, and explaining how her account of oppressive speech improves upon the work of others in its explication of the relationship between individuals' verbal conduct and structurally oppressive social arrangements. I then propose an explanation and supportive elaboration of McGowan's claims about the asymmetric pliability of conversations involving identity-oppressive speech. Rather than regarding such asymmetry as a sui generis phenomenon, I show how we can understand it as a consequence of a more general asymmetry between making things salient and un-salient in speech, and I show how this asymmetry also operates in various cases that interested Lewis. (shrink)

Aristotle claims that character friends are similar to each other. How should we understand this similarity, and what role does it play in friendship? In the paper, I argue that a broad similarity of ‘tastes’—which I understand as the appreciation of relatively good ends—is at least a facilitating condition on the formation of character friendship. This is because it (i) facilitates seeing the other as good in the first place, which is essential to character friendship; and (ii) enables the friends (...) to spend time and share in activities together, which is characteristic of character friendship. (shrink)

According to the governing conception of the laws of nature, laws, in some sense, determine concrete goings-on. Just how to understand the sort of determination at play in governance is, however, a substantial question. One potential answer to this question, which has recently received some attention, is that laws govern by grounding what happens in the concrete world. If this account succeeded, it would show that governance can be understood in terms of an independently motivated and widely accepted notion. Thus (...) far, though, the grounding conception of governance has not been developed or evaluated in detail. In this paper, I fill this gap by mapping out and evaluating various possible ways of developing this conception of governance. My main conclusion is that the grounding conception runs into serious difficulties in trying to capture the key idea that governing laws determine the distribution of fundamental property instances. (shrink)

Experiences of urges, impulses, or inclinations are among the most basic elements in the practical life of conscious agents. This article develops a theory of urges and their epistemology. The article motivates a tripartite framework that distinguishes urges, conscious experiences of urges, and exercises of capacities that agents have to control their urges. The article elaborates the elements of the tripartite framework, in particular, the phenomenological contribution of motor imagery. It argues that experiences of urges and exercises of control over (...) urges play coordinate roles in enabling an agent’s awareness of their impulses. (shrink)

Thaddeus Metz has developed and defended a “modal-relational” account of moral status based on his interpretation of salient Sub-Saharan African values. Roughly, on this account, a being has moral status to the degree that it can enter into friendly or communal relationships with characteristic human beings. In this paper, it is argued that this theory’s true significance for environmental ethics has thus far not been recognized. Metz’s own view is that the theory entails that only sentient beings have moral status. (...) It is argued here that this is a mistake, and that, once this error is corrected, the view can be used to synthesize major, competing accounts of moral status into a novel, unified account of the moral status of human beings, sentient animals, non-sentient organisms, and inanimate members of the “web of life”. The result is a new framework for thinking about the moral status of various natural entities, which ought to be of great interest to environmental ethicists. (shrink)

According to a well-known argument against dispositional essentialism, the nature of unmanifested token powers leaves dispositional essentialists with an objectionable commitment to the reality of non-existent entities. The idea is that, because unmanifested token powers are directed at their non-existent token manifestations, they require the reality of those manifestations. Arguably the most promising response to this argument works by claiming that, if properties are universals, dispositional directedness need only entail the reality of actually existing manifestation types. I argue that this (...) response fails, because no version of the response can adequately accommodate dispositions of the sort that follow from Coulomb’s law. This result both defeats an important argument that dispositional essentialists ought to be realists about universals and appears to leave dispositional essentialists with a problematic commitment to either non-relational connections or a Meinongian ontology. (shrink)

Taylor has recently argued that adopting either the standard Kimian or Davidsonian approaches to the metaphysics of events quite directly solves the regress of pure powers. I argue, though, that on closer inspection Taylor’s proposal does not succeed, given either the Kimian or the Davidsonian account of events.

While the inference problem is widely thought to be one of the most serious problems facing non-Humean accounts of laws, Jonathan Schaffer has argued that a primitivist response straightforwardly dissolves the problem. On this basis, he claims that the inference problem is really a pseudo-problem. Here I clarify the prospects of a primitivist response to the inference problem and their implications for the philosophical significance of the problem. I argue both that it is a substantial question whether this sort of (...) response ought to be accepted and that the inference problem, contra Schaffer, remains a significant problem with important implications for the non-Humean position. I also argue that this discussion indicates grounds to be wary about applying the Schaffer-style strategy of straightforwardly dissolving problems by stipulation to other philosophical problems. (shrink)

“Strong AI” is the view that it is possible for an artificial agent to be mentally indistinguishable from human agents. Because the behavioral dispositions of artificial agents are determined by underlying dispositional systems, Strong AI seems to entail human behavioral dispositions are also determined by dispositional systems. It is, however, highly intuitive that non-dispositional, phenomenal properties, such as being in pain, at least partially determine certain human behavioral dispositions, like the disposition to take a pain killer. Consequently, Strong AI seems (...) to conflict with an intuitive view of phenomenal properties’ role in determining human behavioral dispositions. My goal here is not directly to evaluate this tension, but rather to clarify how dispositionalism in the metaphysics of properties bears on it. While a tempting thought is that dispositionalism fits well with Strong AI’s thoroughly dispositional account of human behavior, I argue that this thought does not hold for dispositionalism in general. In particular, I argue that combining a version of the “powerful qualities view” with certain dispositionalist conceptions of the will leads to a version of the intuitive view of phenomenal properties that is radically incompatible with Strong AI. I argue further that this view also raises a challenge for the weaker claim that an artificial agent could be behaviorally indistinguishable from a human agent. (shrink)

This paper evaluates the claim that some desires provide reasons in virtue of their connection with conscious affective experiences like feelings of attraction or aversion. I clarify the nature of affective desires and several distinct ways in which affective desires might provide reasons. Against accounts proposed by Ruth Chang, Declan Smithies and Jeremy Weiss, I motivate doubts that it is the phenomenology of affective experiences that explains their normative or rational significance. I outline an alternative approach that centralises the function (...) of such experiences. (shrink)

Several recent critiques of theodicy have incorporated some form of moral objection to the theodical enterprise, in which the critic argues that one ought not to engage in the practice of theodicy. In defending theodical practice against the moral critique, Atle O. Søvik argues that the moral critique (1) begs the question against theodicy, and (2) misapprehends the implications of the claim that it is inappropriate to espouse a theodicy in certain situations. In this paper I suggest some sympathetic emendations (...) for Søvik's theodical apologetic, but I argue against Søvik's claim that the moral critique of theodicy is altogether irrelevant. (shrink)

Proponents of the view which I call ‘moral antitheodicy’ call for the theistic discourse of theodicy to be abandoned, because, they claim, all theodicies involve some form of moral impropriety. Three arguments in support of this view are examined: the argument from insensitivity, the argument from detachment, and the argument from harmful consequences. After discussing the merits of each argument individually, I attempt to show that they all must presuppose what they are intended to establish, namely, that the set of (...) premises advanced in any given theodicy will be untenable. I conclude by discussing what uses there might be for the moral critique of theodicy, if it cannot be used to ground a global rejection of theodical practice. (shrink)

This introduction provides brief outlines of the articles collected in this special issue of the International Journal of Philosophical Studies on the topic of Ethics and Emotions. It also announces the winners of the 2021 Robert Papazian and PERITIA prizes.

Counterspeech is communication that tries to counteract potential harm brought about by other speech. Theoretical interest in counterspeech partly derives from a libertarian ideal – as captured in the claim that the solution to bad speech is more speech – and partly from a recognition that well-meaning attempts to counteract harm through speech can easily misfire or backfire. Here we survey recent work on the question of what makes counterspeech effective at remedying or preventing harm, in those cases where it (...) is effective, as well as work investigating when and why there is a duty to engage in counterspeech. We suggest that the most fruitful area for philosophical inquiry on this topic, currently, relates to the questions about efficacy. Specifically, we argue that there is a need for better frameworks for conceptualizing the efficacy of counterspeech. Philosophers have collaborative work to do, alongside social scientists, in developing these frameworks. (shrink)

Joel Feinberg’s Offense to Others is the most comprehensive contemporary work on the significance of offense in a liberal legal system. Feinberg argues that being offended can impair a person’s liberty, much like a nuisance, and that it is therefore legitimate in principle to regulate conduct because of its offensiveness. In this article, I discuss some overlooked considerations that give us reason to resist Feinberg’s conclusion, even while granting this premise. My key claim is that the regulation of offense can (...) inadvertently increase the incidence of offense, by nurturing offense-taking sensibilities. In the course of defending this claim and spelling out its implications, I explain why concerns about the inadvertent nurturing of offense are now more pressing, given the identity–political character of contemporary offense-based social conflicts, and I discuss why a reluctance to legally regulate offensive conduct need not be insensitive to the identity–political issues that animate those conflicts. (shrink)

This paper explains how the practice of ‘no platforming’ can be reconciled with a liberal politics. While opponents say that no platforming flouts ideals of open public discourse, and defenders see it as a justifiable harm-prevention measure, both sides mistakenly treat the debate like a run-of-the-mill free speech conflict, rather than an issue of academic freedom specifically. Content-based restrictions on speech in universities are ubiquitous. And this is no affront to a liberal conception of academic freedom, whose purpose isn’t just (...) to protect the speech of academics, but also to give them the prerogative to determine which views and speakers have sufficient disciplinary credentials to receive a hearing in academic contexts. No platforming should therefore be acceptable to liberals, in principle, in cases where it is used to support a university culture that maintains rigorous disciplinary standards, by denying attention and credibility to speakers without appropriate disciplinary credentials. (shrink)

According to the dogmatism puzzle, for any S and any p, if S knows that p, then she’s entitled to be dogmatic about p, and so disregard any evidence against p, for she knows that (or is in a position to know that) that evidence is misleading. But this seems clearly problematically dogmatic. The standard solution to the dogmatism puzzle involves appealing to the view that acquiring new evidence (even misleading evidence) can undermine one’s knowledge that p. That’s why one (...) can’t rightly disregard any future evidence against p. This solution to the dogmatism puzzle has come to be called ‘the defeat solution’. Maria Lasonen-Aarnio has recently argued, however, that the defeat solution leaves unsolved a partial defeat version of the dogmatism puzzle, where some subject acquires weak misleading evidence against p, but, since it is weak, it doesn’t rob her of knowledge that p. Lasonen-Aarnio argues that solving this partial defeat version of the dogmatism puzzle requires those who endorse the defeasibility of knowledge to either go dogmatist or reject an extremely plausible principle that she calls ‘Entitlement’ (roughly, for any S and any e, if S knows that evidence e is misleading, then S can rightly disregard e). In this paper, however, I argue that defeasibilists face no such challenge from any version of the dogmatism puzzle, since the dogmatism puzzle, in both its original and partial defeat form, rests on an assumption that we have very good reason to think is mistaken. Specifically, the assumption that, for any S and any p, if S knows that p, then S knows (or is in a position to know) that any evidence against p is misleading. I further argue that rejecting this assumption also yields a neat solution to the dogmatism puzzle involving intention originally proposed by Saul Kripke and recently adapted by R.E. Fraser. (shrink)

The standard view of academic freedom and free speech is that they play complementary roles in universities. Academic freedom protects academic discourse, while other public discourse in universities is protected by free speech. Here I challenge this view, broadly, on the grounds that free speech in universities sometimes undermines academic practices. One defense of the standard view, in the face of this worry, says that campus free speech actually furthers the university’s academic aims. Another says that universities have a secondary (...) democratic function, which cannot be fulfilled without free speech on campus. I identify shortcomings in both types of arguments. (shrink)

Wittgenstein constantly invokes teaching, training and learning in his later work. It is therefore interesting to consider what role these notions play for him there. I argue that their use is central to Wittgenstein’s attempt to refute cognitivist assumptions, and to show how normative practices can be understood without the threat of circularity, grounded not in a kind of seeing, but in doing, and the natural reactions of an organism. This can generate a worry that Wittgenstein’s position is quietist and (...) anti-critical: critique, as a challenge to the taken-for-granted grammar of our language game, is technically meaningless. I argue that Wittgenstein does not rule out critique. His own practice demonstrates that critique is possible, but takes place within a language game, and its status as critique is always subject to challenge in the agora of a discourse. (shrink)

In disagreements about trivial matters, it often seems appropriate for disputing parties to adopt a ‘middle ground’ view about the disputed matter. But in disputes about more substantial controversies (e.g. in ethics, religion, or politics) this sort of doxastic conduct can seem viciously acquiescent. How should we distinguish between the two kinds of cases, and thereby account for our divergent intuitions about how we ought to respond to them? One possibility is to say that ceding ground in a trivial dispute (...) is appropriate because the disputing parties are usually epistemic peers within the relevant domain, whereas in a more substantial disagreement the disputing parties rarely, if ever, qualify as epistemic peers, and so ‘sticking to one’s guns’ is usually the appropriate doxastic response. My aim in this paper is to explain why this way of drawing the desired distinction is ultimately problematic, even if it seems promising at first blush. (shrink)

This paper examines two recent contributions to the hate speech literature – by Steven Heyman and Jeremy Waldron – which seek a justification for the legal restriction of hate speech in an account of the way that hate speech infringes against people’s dignity. These analyses look beyond the first-order hurts and disadvantages suffered by the immediate targets of hate speech, and consider the prospect of hate speech sustaining complex social structures whose wide-scale operations lower the social status of members of (...) targeted groups. In Heyman’s and Waldron’s accounts we find plausible insights into the nature of identity-based social hierarchies, and the harms that redound to subordinated people under the operations of such hierarchies. I argue, however, that both analyses are unsuccessful as justifications for the restriction of hate speech, because they do not ultimately provide reason to think that hate speech is responsible for creating or sustaining identity-based social hierarchies. (shrink)

Slurring expressions display puzzling behaviour when embedded, such as under negation and in attitude and speech reports. They frequently appear to retain their characteristic qualities, like offensiveness and propensity to derogate. Yet it is sometimes possible to understand them as lacking these qualities. A theory of slurring expressions should explain this variability. We develop an explanation that deploys the linguistic notion of focus. Our proposal is that a speaker can conversationally implicate metalinguistic claims about the aptness of a focused slurring (...) expression. This explanation of variability relies on independently motivated mechanisms and is compatible with any theory of slurring expressions. (shrink)

This paper considers the phenomenon of lying and the implications it has for those subjects who are capable of lying. It is argued that lying is not just intentional untruthfulness, but is intentional untruthfulness plus an insincere invocation of trust. Understood in this way, lying demands of liars a sophistication in relation to themselves, to language, and to those to whom they lie which exceeds the demands on mere truth-tellers.

McGowan argues that everyday verbal bigotry makes a key contribution to the harms of discriminatory inequality, via a mechanism that she calls sneaky norm enactment. Part of her account involves showing that the characteristic of conversational interaction that facilitates sneaky norm enactment is in fact a generic one, which obtains in a wide range of activities, namely, the property of having conventions of appropriateness. I argue that her account will be better-able to show that everyday verbal bigotry is a key (...) factor in social inequality if it tries to isolate a more specific property of conversation as the thing that facilitates sneaky norm enactment. (shrink)

The problem of creeping minimalism concerns how to tell the difference between metaethical expressivism and its rivals given contemporary expressivists’ acceptance of minimalism about truth and related concepts. Explanationism finds the difference in what expressivists use to explain why ethical language and thought has the content it does. I argue that two recent versions of explanationism are unsatisfactory and offer a third version, subject matter explanationism. This view, I argue, captures the advantages of previous views without their disadvantages and gives (...) us a principled and general characterisation of non-representational views about all kinds of language and thought. (shrink)

The idea that human beings are intellectually self-governing plays two roles in free-speech theory. First, this idea is frequently called upon as part of the justification for free speech. Second, it plays a role in guiding the translation of free-speech principles into legal policy by underwriting the ascriptive framework through which responsibility for certain kinds of speech harms can be ascribed. After mapping out these relations, I ask what becomes of them once we acknowledge certain very general and profound limitations (...) in people's capacity for intellectual self-governance. I argue that acknowledging these limitations drastically undermines the putative justifications for free speech of the type that I identify in the first part of the paper. I then show how we can reformulate an account of intellectual and doxastic responsibility on which we may still be held responsible for what we think or believe even though we lack agent-causal capacities in our thinking and believing. Then, in light of this ascriptive account of intellectual responsibility, I show how the key ideahave minds of their owncan (and should) still play a significant role in guiding the legislative outworkings of free speech. (shrink)

In free speech theory ‘speech’ has to be defined as a special term of art. I argue that much free speech discourse comes with a tacit commitment to a ‘Subtractive Approach’ to defining speech. As an initial default, all communicative acts are assumed to qualify as speech, before exceptions are made to ‘subtract’ those acts that don’t warrant the special legal protections owed to ‘speech’. I examine how different versions of the Subtractive Approach operate, and criticise them in terms of (...) their ability to yield a substantive definition of speech which covers all and only those forms of communicative action that – so our arguments for free speech indicate – really do merit special legal protection. In exploring alternative definitional approaches, I argue that what ultimately compromises definitional adequacy in this arena is a theoretical commitment to the significance of a single unified class of privileged communicative acts. I then propose an approach to free speech theory that eschews this theoretical commitment. (shrink)

The verb to legitimate is often used in political discourse in a way that is prima facie perplexing. To wit, it is often said that an actor legitimates a practice which is officially prohibited in the relevant context – for example, that a worker telling sexist jokes legitimates sex discrimination in the workplace. In order to clarify the meaning of statements like this, and show how they can sometimes be true and informative, we need an explanation of how something that (...) is officially illegitimate can have a kind of ersatz legitimacy conferred on it, and how this can occur even when the actor ‘doing the legitimating’ lacks formal authority. I examine one putative explanation centred around the phenomenon of normalization, and I highlight some advantages that this account has in comparison to an alternative explanation, one that makes reference to the phenomenon of licensed authority. (shrink)

In this paper we examine the ethical implications of emerging Nanotechnologically Enhanced Combat Systems (or 'NECS'). Through a combination of materials innovation and biotechnology, NECS are aimed at making combatants much less vulnerable to munitions that pose a lethal threat to soldiers protected by conventional armor. We argue that increasing technological disparities between forces armed with NECS and those without will exacerbate the ethical problems of asymmetric warfare. This will place pressure on the just war principles of jus in bello, (...) by encouraging the resort to tactics that either (i) make it more difficult to respect these principles or (ii) directly violate them, by virtue of attacking non-combatants or creating disproportionate numbers of casualties without a clear military goal. (shrink)

Contemporary proponents of theodicy generally believe that a theodical reply to the evidential argument from evil must involve some appeal to the afterlife. In Richard Swinburne's writings on theodicy, however, we find two arguments that may be offered in opposition to this prevailing view. In this paper, these two arguments - the argument from usefulness and the argument from assumed consent - are explained and evaluated. It is suggested that both of these arguments are rendered ineffective by their failure to (...) distinguish between the different ways in which persons may be of-use in the attainment of some good state of affairs. (shrink)

In this paper I argue that Donald Davidson's rejection of the notion of language, as commonly understood in philosophy and linguistics, is justified. However, I argue that his position needs to be supplemented by an account of the development and nurture of pre-linguistic communicative skills. Davidson argues (in ‘A Nice Derangement of Epitaphs' and elsewhere) that knowledge of a language (conceived of as a set of rules or conventions) is neither sufficient nor necessary for 'linguistic' communication. The strongest argument against (...) the initial formulation is that while Davidson may have shown that knowledge of a language is not sufficient, he failed to show that it is not necessary. Subsequently, Davidson has invoked his Triangulation' thesis, to show that understanding can rest on the apprehension of mutuality in a shared objective world, and does not presuppose the sharing of rules or practices. I argue that the starting position arrived at from the triangulation thesis itself presupposes the possibility of communication. The triangulation thesis needs, therefore, to be supplemented by a (non-reductive) naturalistic account of non-linguistic communicative skills. In such an account we must posit shared practices (practices of mutual engagement with a shared world), but not an account of practices conceived on the model of rules or conventions. I note, finally, that by adopting such an approach we offer a way of explicating the formulation of passing theories, which in Davidson's account are the point at which communicative understanding occurs. (shrink)

Mill thinks our attitudes should be held in a way that’s active and ‘alive’. He believes attitudes that lack these qualities—those held dogmatically, or in unreflective conformity—are inimical to our well-being. This claim then serves as a premiss in his argument for overarching principles of liberty. He argues that attitudinal vitality, in the relevant sense, relies upon people experiencing attitudinal conflict, and that this necessitates a prioritization of personal liberties. I argue that, pace Mill, contestation isn’t required for attitudinal vitality. (...) I describe one species of attitudinal vitality that isn’t reliant upon conflict. (shrink)

There is an intuitive difference in how we think about pluralism and attitudinal diversity in epistemological contexts versus political contexts. In an epistemological context, it seems problematically arbitrary to hold a particular belief on some issue, while also thinking it perfectly reasonable to hold a totally different belief on the same issue given the same evidence. By contrast, though, it doesn’t seem problematically arbitrary to have a particular set of political commitments, while at the same time thinking it perfectly reasonable (...) for someone in a similar position have a totally different set of political commitments. This chapter examines three explanatory theses that might be used to make sense of this difference: (1) that practical commitments are desire dependent in a way that beliefs are not; (2) that there are reasons to be resolute in practical commitments, but not in beliefs; and (3) that compromise in the face of practical political disagreement doesn’t mitigate controversy, whereas compromise in the face of disagreement about mere beliefs does mitigate controversy. (shrink)

Gail Murrow and Richard Murrow offer a novel account of dehumanization, by synthesizing data which suggest that where subject S has a dehumanized view of group G, S‘s neural mechanisms of empathy show a dampened response to the suffering of members of G, and S‘s judgments about the humanity of members of G are largely non-conscious. Here I examine Murrow and Murrow‘s suggestions about how identity-based hate speech bears responsibility for dehumanization in the first place. I identify a distinction between (...) (i) accounts of the nature of the harm effected by identity prejudice, and (ii) accounts of how hate speech contributes to the harms of identity prejudice. I then explain why Murrow and Murrow‘s proposal is more aptly construed as an account of type (i), and explain why accounts of this type, even if they‘re plausible and evidentially well-supported, have limited implications in relation to justifications for anti-hate speech law. (shrink)

In this chapter I argue that emerging soldier enhancement technologies have the potential to transform the ethical character of the relationship between combatants, in conflicts between ‘Superpower’ militaries, with the ability to deploy such technologies, and technologically disadvantaged ‘Underdog’ militaries. The reasons for this relate to Paul Kahn’s claims about the paradox of riskless warfare. When an Underdog poses no threat to a Superpower, the standard just war theoretic justifications for the Superpower’s combatants using lethal violence against their opponents breaks (...) down. Therefore, Kahn argues, combatants in that position must approach their opponents in an ethical guise relevantly similar to ‘policing’. I argue that the kind of disparities in risk and threat between opposing combatants that Kahn’s analysis posits, don’t obtain in the context of face-to-face combat, in the way they would need to in order to support his ethical conclusions about policing. But then I argue that soldier enhancement technologies have the potential to change this, in a way that reactivates the force of those conclusions. (shrink)

This paper seeks to intervene in environmental ethics and social epistemology. Within a predominant strand of environmental ethics, one witnesses accounts based on nonhumans’ ability to suffer, and consequently, the passivity of nonhumans. On the other hand, social epistemology is often not social enough insofar as it does not include nonhumans. Seminal accounts of epistemic injustice often conceal or exclude the possibility that nonhumans can be subjects of knowledge and victims of epistemic injustice because of an anthropocentric bias that maintains (...) propositional language is a necessary condition for knowledge. By presenting a non-anthropocentric, corporeal epistemology, this paper reveals a more affirmative account of nonhumans as epistemic agents with tacit, embodied knowledge. To prevent epistemic depreciation turning into ethical indifference or wrongdoing, this paper focuses on whether it is possible to commit epistemic injustices against nonhumans. In particular, this paper argues that humans can commit fourth-order epistemic exclusion, testimonial injustice, and testimonial smothering against nonhumans. (shrink)