Etiquette and other merely formal normative standards like legality, honor, and rules of games are taken less seriously than they should be. While these standards are not intrinsically reason-providing in the way morality is often taken to be, they also play an important role in our practical lives: we collectively treat them as important for assessing the behavior of ourselves and others and as licensing particular forms of sanction for violations. This chapter develops a novel account of the normativity of (...) formal standards where the role they play in our practical lives explains a distinctive kind of reason to obey them. We have this kind of reason to be polite because etiquette is important to us. We also have this kind of reason to be moral because morality is important to us. This parallel suggests that the importance we assign to morality is insufficient to justify it being substantive. (shrink)

This paper takes a novel approach to the active bioethical debate over whether advance medical directives have moral authority in dementia cases. Many have assumed that advance directives would lack moral authority if dementia truly produced a complete discontinuity in personal identity, such that the predementia individual is a separate individual from the postdementia individual. I argue that even if dementia were to undermine personal identity, the continuity of the body and the predementia individual’s rights over that body (...) can support the moral authority of advance directives. I propose that the predementia individual retains posthumous rights over her body that she acquired through historical embodiment in that body, and further argue that claims grounded in historical embodiment can sometimes override or exclude moral claims grounded in current embodiment. I close by considering how advance directives grounded in historical embodiment might be employed in practice and what they would and would not justify. (shrink)

One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant (...) approach I put forward the idea that upturning the relationship between justice and legitimacy affords a normative notion of authority that does not depend on a pre-political account of morality, and thus avoids some serious problems faced by mainstream theories of justice. I then argue that the appropriate purpose of justice is simply to specify the implementation of an independently grounded conception of legitimacy, which in turn rests on a context- and practice-sensitive understanding of the purpose of political power. (shrink)

Shared activity is often simply willed into existence by individuals. This poses a problem. Philosophical reflection suggests that shared activity involves a distinctive, interlocking structure of intentions. But it is not obvious how one can form the intention necessary for shared activity without settling what fellow participants will do and thereby compromising their agency and autonomy. One response to this problem suggests that an individual can have the requisite intention if she makes the appropriate predictions about fellow participants. I argue (...) that implementing this predictive strategy risks derailing practical reasoning and preventing one from forming the intention. My alternative proposal for reconciling shared activity with autonomy appeals to the idea of acting directly on another's intention. In particular, I appeal to the entitlement one sometimes has to another's practical judgment, and the corresponding authority the other sometimes has to settle what one is to do. (shrink)

The aim of the paper is to reassess the prospects of a widely neglected affective conception of the aesthetic evaluation and appreciation of art. On the proposed picture, the aesthetic evaluation and appreciation of art are non-contingently constituted by a particular kind of pleasure. Artworks that are valuable qua artworks merit, deserve, and call for a certain pleasure, the same pleasure that reveals (or at least purports to reveal) them to be valuable in the way that they are, and constitutes (...) their aesthetic evaluation and appreciation. This is why and how art is non-contingently related to pleasure. Call this, the Affective View. While I don’t advance conclusive arguments for the Affective View in this paper, I aim to reassess its prospects by (1) undermining central objections against it, (2) dissociating it from hedonism about the value of artworks (the view that this value is grounded in, and explained by, its possessors’ power to please), and (3) introducing some observations on the practice of art in support of it. Given that the objections I discuss miss their target, and given the observations in support of it, I conclude that the Affective View is worth serious reconsideration. (shrink)

According to the Standard Model account of religion, religious concepts tend to conform to “minimally counterintuitive” schemas. Laypeople may, to varying degrees, verbally endorse the abstract doctrines taught by professional theologians. But, outside the Sunday school exam room, the implicit representations that tend to guide people’s everyday thinking, feeling, and behavior are about minimally counterintuitive entities. According to the Standard Model, these implicit representations are the essential thing to be explained by the cognitive science of religion. It is argued here (...) that this theoretical orientation of mainstream CSR misses a whole dimension of religiosity—the acceptance of certain religious authorities, that is, the acceptance of other people’s superior expertise. Average believers tend to accept the authority of religious experts who espouse highly counterintuitive ideas that they understand in a distorted form, if at all.... (shrink)

Epistemic Authority is a mature work of a leading epistemologist and philosopher of religion. It is a work primarily in epistemology with applications to religious epistemology. There are obvious applications of the notion of epistemic authority to philosophy of religion. For, on the face of it, the notion of some kind of ”epistemic authority’ may serve as a conceptual anchor for our understanding of faith. Indeed, there is ample historical precedent for this. Faith, says Locke, is ”the (...) assent to any proposition... upon the credit of the proposer, as coming from God, in some extraordinary way of communication’. 1 In later Lockeans, ”credit’ is often rendered ”authority’, and the terms were used synonymously at the time of his writing. 2 One of the beauties of Locke’s view is its reductionism, that is, it’s parsimony, which is a species of elegance and therefore beauty. Zagzebski’s notion is more high-octane than Locke’s. In this essay I will do four things. In Section 1 I will describe two kinds or notions of authority or at least two usages of the word ”authority’. In Section 2 I will describe Zagzebski’s use of one of these notions, the non-Lockean one, to ground the reasonableness of religious belief. In Section 3 I will give four arguments against her view. In section 4 I will reply to her critique of Locke. The upshot, in my view, is that though we learn much from Epistemic Authority, a more Lockean approach to the nature of faith is still preferable. (shrink)

I begin this essay with a notion of "authority" that makes a sharp distinction between authority and power, and grant that such authority is not only legitimate, but perhaps even necessary in human affairs. I then trace the devaluation of this idea through varying degrees of institutionalization, culminating in its political cooptation. I argue, finally, that what goes by the name of political authority is the very antithesis of the legitimate and necessary element that we began (...) with. (shrink)

The just war-criterion of legitimate authority – as it is traditionally framed – restricts the right to wage war to state actors. However, agents engaged in violent conflicts are often sub-state or non-state actors. Former liberation movements and their leaders have in the past become internationally recognized as legitimate political forces and legitimate leaders. But what makes it appropriate to consider particular violent non-state actors to legitimate violent agents and others not? This article will examine four criteria, including ‘popular (...) support and representation of a people’; ‘monopoly of violence and effective control over a people’; ‘compliance with international legal and just war standards’; and ‘predisposition to strive for a lasting peace’. It will be shown that out of these four criteria only the first can be defended. Furthermore, it will be illustrated that non-state violent agents may perfectly well satisfy this criterion. In contrast, state actors may clearly fail in this regard. But, it will also become obvious that in exceptional circumstances violent agents do not require explicit approval from the people on whose behalf they act. Finally, the article will argue that – in principle – individuals should be entitled to employ violence for political objectives. (shrink)

In The Problem of Political Authority, Michael Huemer argues that the contractarian and consequentialist groundings of political authority are unsuccessful, and, in fact, that there are no adequate contemporary accounts of political authority. As such, the modern state is illegitimate and we have reasons to affirm political anarchism. We disagree with Huemer’s conclusion. But we consider Huemer’s critiques of contractarianism and consequentialism to be compelling. Here we will juxtapose, alongside Huemer’s critiques, a theistic account of political (...) class='Hi'>authority from Nicholas Wolterstorff’s book The Mighty and the Almighty. We think that Wolterstorff’s model does better than contractarianism and consequentialism at answering Huemer’s critiques. We also think that an abductive basis for God’s existence emerges from the inadequate authority accounts that Huemer surveys. (shrink)

Feminists have urged women to take semantic authority. This article explains what such authority is, how it depends upon community recognition, and how it differs from privilege and from authority as usually conceived under patriarchy. Understanding its natures and limits is an important part of attaining it. Understanding the role of community explains why separatism is the logical conclusion of this project, and why separatism is valuable even to those who do not separate.

Linda Zagzebski's "Epistemic Authority" (Oxford University Press, 2012) brings together issues in social epistemology with topics in moral and political philosophy as well as philosophy of religion. In this paper I criticize her discussion of self-trust and rationality, which sets up the main argument of the book; I consider how her view of authority relates to some issues of epistemic authority in testimony; and I raise some concerns about her treatment of religious epistemology and religious authority (...) in particular. (shrink)

While much has been written about the functional profile of intentions, and about their normative or rational status, comparatively little has been said about the subjective authority of intention. What is it about intending that explains the ‘hold’ that an intention has on an agent—a hold that is palpable from her first-person perspective? I argue that several prima facie appealing explanations are not promising. Instead, I maintain that the subjective authority of intention can be explained in terms of (...) the inner structure of intention. In adopting an intention the agent comes to see herself as criticizable depending on whether she executes the intention. This allows us to explain in first-personal terms why the agent becomes disposed to act and deliberate in ways that are characteristic of intention. As intention-formation involves profound changes to reflexive evaluative attitudes, this is the ‘Self-Evaluation’ view of the subjective authority of intention. (shrink)

The paper discusses Linda Zagzebski's account of epistemic authority. Building on Joseph Raz's account of political authority, Zagzebski argues that the basic contours of epistemic authority match those Raz ascribes to political authority. This, it is argued, is a mistake. Zagzebski is correct in identifying the pre-emptive nature of reasons provided by an authority as central to our understanding of epistemic authority. However, Zagzebski ignores important differences between practical and epistemic authority. As a (...) result, her attempt to explain the rationality of belief on authority by applying an analogue of Raz's Normal Justification Thesis to the domain of belief fails. A successful explanation of the rationality of belief on authority will need to be attuned to the differences between political and epistemic authorities. (shrink)

This article takes issue with the stereotype of "Confucianism" as authoritarian, a view common in discussions of modern China as well as in scholarship on early China. By studying the roles of master and students and the relationship between them in the Analects , it attempts to show that according to this text the master did not occupy a position of complete dominance over the student. Masters are not generally considered to be like fathers, and students have more room to (...) dispute with their master than previously recognized. In contrast to later depictions of Kongzi, he is not presented as infallible in the Analects , and his students do not always accept his opinions. Questioning the master is often a good quality in a disciple. The master-student relationship, while undoubtedly hierarchical, did not involve complete submission by the student. It is argued here that there is little basis for concluding that the Analects is fundamentally authoritarian in its depiction of teaching. It further suggests a need for a distinct understanding of teaching authority that is not modeled on political authority. (shrink)

Although advance directives are widely believed to be a key way to safeguard the autonomy of incompetent medical patients, significant questions exist about their moral authority. The main philosophical concern involves cases in which an incompetent patient no longer possesses the desires on which her advance directive was based. The question is, does that entail that prior expressions of medical choices are no longer morally binding? I believe that the answer is “yes.” I argue that a patient’s autonomy is (...) not respected by honoring the desires she used to have but no longer does. I also consider and reject the view that honoring an advance directive that reflects the patient’s previous values must be in that patient’s best interests. If that is correct, then advance directives in the kind of case at issue are not morally binding. (shrink)

Since its earliest incarnations, just war theory has included the requirement that war must be initiated and waged by a legitimate authority. However, while recent years have witnessed a remarkable resurgence in interest in just war theory, the authority criterion is largely absent from contemporary discussions. In this paper I aim to show that this is an oversight worth rectifying, by arguing that the authority criterion plays a much more important role within just war theorising than is (...) commonly supposed. As standardly understood, the authority criterion provides a necessary condition for the justification of the resort to war, but has no bearing on the question of permissible conduct in war. In opposition, I argue for an alternative interpretation of the criterion, which attributes to it a fundamental role in assessing this latter question. With this revised interpretation in place, I then demonstrate its advantages by applying it to the practical issue of armed conflicts that are initiated and fought by non-traditional belligerents. While several theorists have recognised that this common feature of modern armed conflict poses a challenge to mainstream just war theory in general—and to the authority criterion in particular—I argue that existing discussions frequently misconstrue the nature of the challenge, since they assume the standard interpretation of the authority requirement and its role within the theory. I then show that the revised interpretation provides a clearer account of both the challenge posed by non-traditional belligerency and the kind of response that it requires. (shrink)

Ordinarily when someone tells us something about her beliefs, desires or intentions, we presume she is right. According to standard views, this deferential trust is justified on the basis of certain epistemic properties of her assertion. In this paper, I offer a non-epistemic account of deference. I first motivate the account by noting two asymmetries between the kind of deference we show psychological self-ascriptions and the kind we grant to epistemic experts more generally. I then propose a novel agency-based account (...) of deference. Drawing on recent work on self-knowledge, I argue that a person normally has a distinctive type of cognitive agency; specifically she is able to constitute her psychological attitudes by making judgments about what they ought to be. I then argue that a speaker expresses this agentive authority when she self-ascribes a psychological attitude and this is what justifies deferentially trusting what she says. Because the notion of expression plays a central role in this account, I contrast it with recent neo-expressivist theories. (shrink)

This article explores the notion of pedagogical authority as exercised in the Community of Inquiry, the method for facilitating Philosophy for Children (P4C). It argues that the teachers’ pedagogical authority in a Community of Inquiry is not predicated on their intellectual superiority or status. Rather it finds its legitimacy in their role as instigators of students’ thinking skills, which are assumed to be already possessed by the learners. This thesis is discussed in relation to Rancière’s concept of the (...) dissociation of the will and the intellect, which is treated here as conceptual complement to the existing interpretation of pedagogical authority as understood and practiced by scholars in the field of P4C. (shrink)

The paper deals with a charge that is often made against consequentialist moral theories: that they are unacceptably demanding. This is called the Overdemandingness Objection. The paper first distinguishes three interpretations of the Objection as based on the three dimensions of moral demands: scope, content, and authority. It is then argued that neither the scope, nor the content-based understanding of the Objection is viable. Constraining the scope of consequentialism is neither helpful, nor justified, hence the pervasiveness of consequentialism cannot (...) be the ground for the Objection. Although recent approaches interpret the Objection as a claim about the excessively demanding content of consequentialism, it is argued that the stringency of consequentialism is also unproblematic insofar as demandingness is concerned. These results show that the only way to put the Objection is by focusing on the inescapability of consequentialism. The Objection thus takes the following form: consequentialism is overdemanding because it requires us, with decisive force, to do things that we do not have decisive reason to perform. However, in the last part of the paper it is shown that defending this interpretation of the Objection is at best an open-ended and perilous enterprise. The paper concludes that the case for authority is weak: although this is the only defensible way to advocate the Objection, its successful defence depends on the truth of further substantial philosophical positions. (shrink)

Joseph Raz’s much discussed service conception of practical authority has recently come under attack from Stephen Darwall, who proposes that we instead adopt a second- personal conception of practical authority.1 We believe that the best place to start understanding practical authority is with a pared back conception of it, as simply a species of normative authority more generally, where this species is picked out merely by the fact that the normative authority in question is (...) class='Hi'>authority in relation to action, rather than belief. We do not wish to deny that there might be properties of practical authority (as distinct from the species of authority that is concerned with belief) that are peculiar to it, but, unlike both Raz and Darwall, we do not believe that such features play a role in defining or delimiting practical authority. (shrink)

Presented at the 2010 Annual Meeting of the Association for Core Texts and Courses, New Brunswick, New Jersey, USA, April 2010. -/- René Descartes’ Discourse on Method is paradoxical in several respects: it was published anonymously, yet is rich in autobiographical detail; further, Descartes insists that “the power of judging well and of distinguishing the true from the false…is naturally equal in all men,” and also that “the world consists almost exclusively of … minds for whom [his method of reasoning] (...) is not at all suitable” (1, 9). The Discourse indicates both that the identity of a particular reasoning subject (such as the author of the text itself) does not matter—because all rational beings could come to the same conclusion if using their reason correctly—and yet also that who one is does indeed matter to showing that one counts as one of the select group of subjects who possess knowledge. The method and its results do not speak for themselves; rather, the author must speak for them, and legitimize his authority in the process. If it were the case that Descartes’ plan did not go beyond “trying to reform [his] own thoughts and building upon a foundation which is completely [his] own” (9), then he might rest content with his own convictions regarding the truth of his conclusions, but if he wants to be recognized by others as possessing knowledge then he must either appeal to existing standards of authority to legitimize his method and its conclusions, or argue for the validity of new ones. Either way, the Discourse demonstrates Michel Foucault’s claims that knowledge production is bound up in a social context that determines what counts as true knowledge and who has the authority to speak about it. Descartes’s text shows an author both boldly presenting revolutionary arguments and methods and revealing his awareness of the difficulties and dangers of resisting the accepted standards of knowledge. It can be used to spark discussion amongst students about whether, even if we believe anyone’s reason might produce knowledge, it is still the case today that only some count as “knowers” according to criteria that are socially determined (e.g., institutional affiliation, status within an institution, the acceptability of certain sorts of projects and methods as legitimate for knowledge). (shrink)

According to the brain drain argument, there are good reasons for states to limit the exit of their skilled workers (more specifically, healthcare workers), because of the negative impacts this type of migration has for other members of the community from which they migrate. Some theorists criticise this argument as illiberal, while others support it and ground a duty to stay of the skilled workers on rather vague concepts like patriotic virtue, or the legitimate expectations of their state and co-citizens. (...) In this article, on the contrary, we suggest that the liberal conception of states’ legitimate political authority demands, and not just permits, that developing states from which migration of skilled workers occurs set up contractual mechanisms. These mechanisms will ensure that state-funded training in the health sector is provided against a commitment on the part of future professionals to reciprocate with their services for the benefits obtained. If one of the conditions for the state to maintain legitimate political authority is to provide basic services such as healthcare to its subjects (while respecting at the same time their autonomy and freedom), then this is what developing states affected by the brain drain ought to do. What we call the authority-based approach to the brain drain also helps to clarify the obligations that other states have not to interfere with these contractual mechanisms when they exist, and not to profit from their absence. Inspired by FIFA’s legal instruments of training compensation and solidarity mechanism for the transfer of players, we conclude by suggesting a plausible global policy to complement this authority-based approach. (shrink)

How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral (...) obligation producing: if x (e.g., a person, institution, or law) has authority over an agent, then the directives of x produce a significant reason for the agent to comply with the terms of the directive. This paper concerns the sense in which international law, and the law of nascent legal systems generally, generate moral obligations for their subjects, i.e., for those who fall under their claimed jurisdiction. (shrink)

According to a recent account of epistemic authority proposed by Linda Zagzebski (2012), it is rational for laypersons to believe on authority when they conscientiously judge that the authority is more likely to form true beliefs and avoid false ones than they are in some domain. Christoph Jäger (2016) has recently raised several objections to her view. By contrast, I argue that both theories fail to adequately capture what epistemic authority is, and I offer an alternative (...) account grounded in the abilities that different kinds of authorities are required to possess. (shrink)

In this paper I respond to Bernd Krehoff’s article ‘Legitimate Political Authority and Sovereignty: Why States Cannot Be the Whole Story’. I criticize Krehoff’s use of Raz’s theory of authority to evaluate the legitimacy of our political institutions. Krehoff argues that states cannot (always) claim exclusive authority and therefore cannot possess exclusive legitimacy. Although I agree with his conclusion, I argue that the questions of legitimacy and (Razian) authority are distinct and that we need to focus (...) more on the former in order to really support and defend Krehoff’s conclusions. (shrink)

In The Varieties of Reference, Gareth Evans describes the acquisition of beliefs about one’s beliefs in the following way: ‘I get myself in a position to answer the question whether I believe that p by putting into operation whatever procedure I have for answering the question whether p.’ In this paper I argue that Evans’s remark can be used to explain first person authority if it is supplemented with the following consideration: Holding on to the content of a belief (...) and ‘prefixing’ it with ‘I believe that’ is as easy as it is to hold on to the contents of one’s thoughts when making an inference. We do not, usually, have the problem, in going, for example, from ‘p’ and ‘q’ to ‘p and q’, that one of our thought contents gets corrupted. Self-ascription of belief by way of Evans’s procedure is based on the same capacity to retain and re-deploy thought contents and therefore should enjoy a similar degree of authority. However, is Evans’s description exhaustive of all authoritative self-ascription of belief? Christopher Peacocke has suggested that in addition to Evans’s procedure there are two more relevant ways of self-ascribing belief. I argue that both methods can be subsumed under Evans’s procedure. (shrink)

In his recent book Democratic Authority, David Estlund defends a strikingly new and interesting account of political authority, one that makes use of a distinctive kind of hypothetical consent that he calls ‘normative consent’: a person can come to have a duty to obey another when it is the case that, were she given the chance to consent to the duty, she would have a duty to consent to it. If successful, Estlund’s account promises to provide what has (...) arguably so far remained elusive: the basis for the authority of suitably democratic laws. In this paper, I argue that, despite its promise, the account Estlund develops is, in a crucial respect, incoherent: the principle of normative consent that he offers relies on a claim about a hypothetical situation, but the hypothetical situation at issue is one that, according to the principle itself, is morally impossible. (shrink)

I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the (...) class='Hi'>authority must accept the position and responsibilities of command, and the authority must be sufficiently trustworthy relative to how vulnerable the subject makes herself by deferring. This results in an instrumentalist conception of practical authority that can be favorably compared to Joseph Raz’s famous service conception. The relational conception’s main advantage is that it focuses on the authority as much as the subject, requiring that the authority accept responsibility for the relationship and be sufficiently trustworthy. (shrink)

How can we theoretically and philosophically study the problem of values and authority in the context of education? The chapter uses the framework of action theoretical semiotics developed mainly on the conceptual structures of Greimassian semiotic theory. This detailed and elaborated theory of human discourse (utilized usually in terms of literary and “cultural” texts) will be expanded by biosemiotic and Peircean points of view to fit in the special problem area of education as transformation or extension from the biosemiotic (...) and zoosemiotic sphere to anthroposemiotic sphere: from nature to culture. The main theoretical starting point for action theoretical semiotics is the concept of meaning which is defined as relationship of an object to the action of the subject. The chapter will connect the action theoretical semiotics to the conception of Bildung and modern idea of the normativity of the rational inference by, e.g., contemporary philosopher of semantics Robert Brandom, to consider the educational implications of this semiotic view. (shrink)

Epistemic paternalism is the thesis that in some circumstances we are justified in interfering with the inquiry of another for their own epistemic good without consulting them on the issue. In this paper, I address the issue of who is rationally entitled to undertake paternalistic interferences, and in virtue of which features one has this entitlement. First, I undermine the view according to which experts are the most apt people to act as paternalist interferers. Then, I argue that epistemic authorities (...) are in a better position to satisfy the requirements of justified epistemic paternalism, when conceived according to the service model of epistemic authority. Finally, I offer a virtue-based account of paternalist interferers and show how it can apply to cases in which the interferer is a group or an institution. (shrink)

The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I (...) assess the normative critique of LCA, focusing predominantly on the arguments presented by its most incisive proponent Philip Soper. I defend a twofold conclusion. First, LCA, understood roughly along the lines put forward by Joseph Raz, is part of the most attractive analysis of law. Second, proponents of the normative critique, and in particular Soper, are committed to accepting LCA. (shrink)

The disconnect problem arises wherever there is ongoing and severe discordance between the scientific assessment of a politically relevant issue, and the politics and legislation of said issue. Here, we focus on the disconnect problem as it arises in the case of climate change, diagnosing a failure to respect the necessary tradeoff between authority and autonomy within a public institution like science. After assessing the problematic deployment of scientific authority in this arena, we offer suggestions for how to (...) mitigate climate change’s particular disconnect problem, as well as more general proposals for reforming science advising. (shrink)

John Rawls is a central figure in contemporary philosophical and theoretical discussions of civil disobedience, which hope to contribute to significant political debates around when and in which forms political dissent, protest and resistance are appropriate. Ignoring the frame in which Rawls discusses civil disobedience has led critics to wrongly attack his theory for being too restrictive when it is more likely to be too permissive. That permissiveness depends on treating any political order which does not come close to fulfilling (...) his theory of justice as absolutely illegitimate. In this sense, Rawls’ theory of political authority is binary and demanding. The problems his theory shares with most others, including his critics’, show that political authority needs to be disaggregated to make sense of the conditions under which different forms of protest and resistance are appropriate. (shrink)

Children's vulnerability gives rise to duties of justice towards children and determines when authority over them is legitimately exercised. I argue for two claims. First, children's general vulnerability to objectionable dependency on their caregivers entails that they have a right not to be subject to monopolies of care, and therefore determines the structure of legitimate authority over them. Second, children's vulnerability to the loss of some special goods of childhood determines the content of legitimate authority over them. (...) My interest is in the so-far little-discussed goods of engaging in world discovery, artistic creation, philosophical pursuits and experimentation with one's self. I call these ‘special goods of childhood’ because individuals, in general, only have full access to them during childhood and they make a distinctive and weighty contribution to wellbeing. Therefore, they are part of the metric of justice towards children. The overall conclusion is that we ought to make good institutional care part of every child's upbringing. (shrink)

Dretske is a “conciliatory skeptic” on self-knowledge. Take some subject S such that (i) S thinks that P and (ii) S knows that she has thoughts. Dretske’s theory can be put as follows: S has a privileged way of knowing what she thinks, but she has no privileged way of knowing that she thinks it. There is much to be said on behalf of conciliatory skepticism (“CS” for short) and Dretske’s defense of it. We aim to show, however, that Dretske’s (...) defense fails, in that (in part) if his defense of CS’s skeptical half succeeds, then his defense of CS’s conciliatory half fails. We then suggest a potential way forward. We suggest in particular that the correct way of being a Dretskean conciliatory skeptic is to deny that S has a privileged way of knowing about her thoughts, but to grant that she is nonetheless an authority on her thoughts. (shrink)

There is an emerging consensus among political philosophers that state legitimacy involves something more than—or perhaps other than—political obligation. Yet the principle of fair play, which many take to be a promising basis for political obligation, has been largely absent from discussions of the revised conception of legitimacy. This paper shows how the principle of fair play can generate legitimate political authority by drawing on a neglected feature of the principle—its stipulation that members of a cooperative scheme must reciprocate (...) specifically by submitting to the scheme's rules. (shrink)

Criminal law theory made a significant advance roughly thirty years ago when George Fletcher popularized the important conceptual distinction between justifications and excuses. In the intervening years, however, very little progress has been made in exploring the structure and function of justification defenses. The reason for this failure, I suggest, is a widely shared misconception about their place within the criminal law’s institutional structure. Contrary to what is generally believed, it is not up to trial courts to decide ex post (...) facto what conduct is justified and what is not. This determination is made ex ante by other institutional actors such as private fiduciaries, public officials, and sometimes, ordinary citizens caught in extraordinary circumstances. The court’s role is simply to review the validity of that prior exercise of decision-making discretion. More broadly, my study is intended to serve as a reminder of the importance of institutional structure in criminal law. It is almost always misleading to address issues in criminal law by way of abstract moral theorizing, as is often done, because this leaves out the crucial question of institutional division of labor. Before addressing the substantive aspect of particular questions—what conduct should be prohibited, justified, or excused—we must first address ourselves to the institutional questions that I have called the problems of authority, discretion, and legality. These institutional questions receive their most thorough treatment in two other areas of law: the private law of fiduciaries and public administrative law. If we wish to make progress in understanding justification defenses—and the institutional structure of criminal law more generally—I argue that it is to these areas of law that we should attend. (shrink)

In this paper I discuss two attempts to challenge mainstream liberal education, by Hannah Arendt and by contemporary Israeli philosopher Hanan Alexander. Arendt and Alexander both identify problems in liberal-secular modern politics and present alternatives based on reconnecting politics and education to tradition. I analyze their positions and bring them into a dialogue that suggests a complex conception of education that avoids many of the pitfalls of modern liberal thought. First, I outline Arendt and Alexander’s educational views and discuss their (...) similarities, arguing that both may be understood as opposed to the modern attempt to adopt a «view from nowhere» at the world. Next, I suggest that Alexander’s view may benefit from adopting Arendt’s conceptions of tradition and authority. In the consecutive section, I argue that Alexander sheds light on significant problems in Arendt’s approach to education, problems his understanding of critical dialogue can help solve. The succeeding section joins the two views together to form an approach I call «critical traditionalism», and examines it against prevailing approaches to political education. I conclude by pointing to an important point overlooked by both Arendt and Alexander, namely the need for internal political struggle within each tradition. (shrink)

Present world is the victim of conflicts on the basis of misunderstanding of religious dogmas of different religions, irrationality, ignorance and intolerance. People are moving away from knowledge, truth and reason. Indeed people accept false beliefs, hallucinations and myths. The role of religious plurality in philosophy is not to integrate and harmonize religions, especially religions cannot, and rather it is the business of religious pluralism to learn, think and acquire knowledge about the variety of religious beliefs, statements and injunctions. This (...) paper determines the function of intelligence/intellect to understand religious pluralism. How and where we make mistake in the plurality of religions. In this paper there is no issue to describe the conflict between faith and reason however reason is only to think and clear the ambiguities which we are using either to integrate one religion with another or to refute the religious dogmas of other religions. That is why authority places a significant part which teaches humans how to use their reason to bring peace, tranquility and acceptance in the plurality of religions. Mostly the scholar who practicing their religions and without having the authority and knowledge of other religions they are vehemently criticizing other religions. This paper shows that what is authority and where to use it. Who are authoritative persons? If authority in one religion is transferred to another what would happen. What would happen if authority is misrepresented? This paper further illuminates the concept of rational outlook to modify and learn from different religious; furthermore we can discuss the nature of consciousness or awareness in exploring religious pluralism. Is it necessary for a person who believes in one religion to learn another religion in order to resolve the controversies and evils in different religions conditional to authority? The more we mixing up religions into each other, the more religious conflicts arise. Therefore this paper tries to furnish people's mind with consciousness about religions realities and state of affair, inculcate world with rational outlook to ponder, analyze, understand and evaluate as well tolerate and accept the truth and authenticity in the domain of religions. This study analyzes and stress on the exertion of relative vision in accordance and intimation with reason, authority and moral consciousness to resolve the conflicts, diversities and issues in the field of religious pluralism. (shrink)

It is commonly said that some standards, such as morality, are ‘normatively authoritative’ in a way that other standards, such as etiquette, are not; standards like etiquette are said to be ‘not really normative’. Skeptics deny the very possibility of normative authority, and take claims like ‘etiquette is not really normative’ to be either empty or confused. I offer a different route to defeat skeptics about authority: instead of focusing on what makes standards like morality special, we should (...) focus on what makes standards like etiquette ‘not really normative’. I defend a fictionalist theory on which etiquette is ‘not really normative’ in roughly the same way that Sherlock is ‘not really a detective’, and show that fictionalism about some normative standards helps us explain the possibility of normative authority. (shrink)

This article argues that using Joseph Raz’s service conception of authority to reject philosophical anarchism can be affected by political anarchism. Whereas philosophical anarchism only denies the authority of the state, political anarchism claims that anarchism is a better alternative to the state. Raz’s theory holds that an institution has authority if it enables people to better conform with reason. I argue that there are cases where anarchism is an existing alternative to the state and better fulfils (...) this condition. Consequently, in these cases, anarchist groups and societies and not the state have legitimate authority. When anarchism is not an existing alternative to the state, the state will, under Raz’s theory, have some legitimate authority, but that authority will be limited because anarchism remains a better possible alternative to the state. To support the political anarchist claim I discuss the anarchist collectives during the Spanish civil war, which I argue are an example of anarchism as an existing alternative to the state that better fulfils Raz’s service conception and also provide suggestive evidence that anarchism is in general a better possible alternative. I also discuss the relationship between political anarchism and authority and I argue that despite some tension they are not irreconcilable. I conclude that the interesting anarchist challenge for political theorists is political not philosophical. (shrink)

Donald Davidson aims to illuminate the concept of meaning by asking: What knowledge would suffice to put one in a position to understand the speech of another, and what evidence sufficiently distant from the concepts to be illuminated could in principle ground such knowledge? Davidson answers: knowledge of an appropriate truth-theory for the speaker’s language, grounded in what sentences the speaker holds true, or prefers true, in what circumstances. In support of this answer, he both outlines such a truth-theory for (...) a substantial fragment of a natural language and sketches a procedure—radical interpretation—that, drawing on such evidence, could confirm such a theory. Bracketing refinements (e.g., those introduced to.. (shrink)

Just war theory is currently dominated by two positions. According to the orthodox view, provided that jus in bello principles are respected, combatants have an equal right to fight, regardless of the justice of the cause pursued by their state. According to “revisionists” whenever combatants lack reasons to believe that the war they are ordered to fight is just, their duty is to disobey. I argue that when members of a legitimate state acting in good faith are ordered to fight, (...) they acquire a pro-tanto obligation to obey which does not depend for its validity on the justice of the cause being pursued. However, when the war is unjust, this obligation may be overridden, under certain conditions, by the obligation not to contribute to the unjustified killing of innocents. This is because the pro-tanto force of the duty to obey the law is best understood in terms of “presumptive”, rather than “exclusionary” reasons for action. This approach captures the insights of both the orthodox and the revisionist view, while avoiding the problems that afflict each of them. (shrink)

Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one. Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to (...) use a term John Ruggie coined. The concerns have also helped nationalistic movements to gain power in many high-income countries, not at least in the United States, calling for putting their economy first. Accordingly, a number of commentators have announced a return of the nation state. In this special issue, we will show that the retreat-of-the-state thesis as well as the return-of-the-state thesis shares the same shortcomings. They conflate state and authority. As a consequence, both theses underestimate important transformations of authority that have taken place since the end of the “short 20TH century,” to use Eric Hobsbawm's periodization. With this special issue, we seek to contribute to a more nuanced analysis of the transformation of authority. The issue is the outcome of a conference that took place at the Copenhagen Business School in 2015, hosted by the research project ‘Institutional Transformation in European Political Economy: A Socio-Legal Approach’ and funded by the European Research Council. (shrink)

In this article, I sketch a Kant-inspired liberal account of human rights: the freedom-centred view. This account conceptualizes human rights as entitlements that any political authority—any state in the first instance—must secure to qualify as a guarantor of its subjects' innate right to freedom. On this picture, when a state (or state-like institution) protects human rights, it reasonably qualifies as a moral agent to be treated with respect. By contrast, when a state (or state-like institution) fails to protect human (...) rights, it loses its moral status and becomes liable to both internal and external interference. I argue that this account not only steers a middle course between so-called natural-law and political approaches to human rights but also satisfies three important theoretical desiderata— explanatory power, functional specificity, and critical capacity. (shrink)