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)

I am grateful to Donald Ainslie, Lisa Austin, Michael Blake, Abraham Drassinower, David Dyzenhaus, George Fletcher, Robert Gibbs, Louis-Philippe Hodgson, Sari Kisilevsky, Dennis Klimchuk, Christopher Morris, Scott Shapiro, Horacio Spector, Sergio Tenenbaum, Malcolm Thorburn, Ernest Weinrib, Karen Weisman, and the Editors of Philosophy & Public Affairs for comments, and audiences in the UCLA Philosophy Department and Columbia Law School for their questions.

Political theorists have recently sought to replace the liberal, contractual theory of the firm with a political view that models the authority relation of employee to firm, and its appropriate regulation, on that of subject to state. This view is liable to serious difficulties, however, given the extant discontinuities between corporate and civil authority as to their coerciveness, entry and exit conditions, scope, legal standing, and efficiency constraints. I here inspect these, and argue that, albeit in some cases (...) significant, such discontinuities fail to undermine the firm/state analogy, either because they are not significant enough to do so or because the particular trait on which they hinge is not decisive for how authority, in the state and in the firm, should be regulated to be legitimate. A pro tanto requirement exists, I thus argue, that corporate authority be held to regulatory norms comparable to those legitimate states abide by, including civil liberties, rule-of-law constraints, and accountability to subjects. (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)

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)

Workplace democracy is often advocated on two intertwined views. The first is that the authority relation of employee to firm is akin to that of subject to state, such that reasons favoring democracy in the state may likewise apply to the firm. The second is that, when democratic controls are absent in the workplace, employees are liable to objectionable forms of subordination by their bosses, who may then issue arbitrary directives on matters ranging from pay to the allocation of (...) overtime and to relocation and promotion. Daniel Jacob and Christian Neuhäuser have recently submitted these views to careful criticism. They argue that the parallel between firms and states is unwarranted. For, unlike managerial authority, state authority is final. The state grants firms their legal status and subjects their authority to its regulations, which citizens in democracies already control. And they also argue that suitable workplace regulation alongside meaningful exit options may suffice to prevent, with no need for democratization, objectionable forms of workplace subjection. Neither view offers, they resolve, compelling reasons to believe that justice requires that firms be democratic. I here inspect these criticisms in turn, and offer reasons for skepticism. (shrink)

Recently, several philosophers have recast feminist arguments against pornography in terms of Speech Act Theory. In particular, they have considered the ways in which the illocutionary force of pornographic speech serves to set the conventions of sexual discourse while simultaneously silencing the speech of women, especially during unwanted sexual encounters. Yet, this raises serious questions as to how pornographers could (i) be authorities in the language game of sex, and (ii) set the conventions for sexual discourse - questions which these (...) speech act-theoretic arguments against pornography have thus far failed to adequately answer. I fill in this gap of the argumentation by demonstrating that there are fairly weak standards for who counts as an authority or convention-setter in sexual discourse. With this analysis of the underpinnings of a speech act analysis of pornography in mind, I discuss a range of possible objections. I conclude that (i) the endorsement of censorship by a speech act analysis of pornography competes with its commitment to the conventionality of speech acts, and, more damningly, that (ii), recasting anti-pornography arguments in terms of linguistic conventions risks an unwitting defence of a rapist's lack of mens rea - an intolerable result; and yet resisting this conclusion requires that one back away from the original claim to women's voices being 'silenced'. (shrink)

This article discusses the relationship (or lack thereof) between authors’ intentions and the meaning of literary works. It considers the advantages and disadvantages of Extreme and Modest Actual Intentionalism, Conventionalism, and two versions of Hypothetical Intentionalism, and discusses the role that one’s theoretical commitments about the robustness of linguistic conventions and the publicity of literary works should play in determining which view one accepts.

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)

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)

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)

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)

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)

Dretske is a “conciliatory skeptic” on self-knowledge. Take some subject S such that S thinks that P and 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 and Dretske’s defense of it. We aim to show, however, that Dretske’s defense fails, in that 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)

This paper explores the connections between two central topics in moral and political philosophy: the moral legitimacy of authority and the ethics of causing harm. Each of these has been extensively discussed in isolation, but relatively little work has considered the implications of certain views about authority for theories of permissible harming, and vice versa. As I aim to show, reflection on the relationship between these two topics reveals that certain common views about, respectively, the justification of harm (...) and the moral limits of authority require revision. The paper proceeds as follows. Sections 1 and 2 clarify the question to be addressed and set out two main claims that I will defend. Sections 3-5 argue for the first claim. Sections 6-9 defend the second. Section 10 concludes. (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.

The Authority Account provides a new explanation why commonsense morality contains prudential options—options that permit agents to perform actions that promote their own wellbeing more than the action they have most reason to do, from the moral point of view. At the core of that explanation are two claims. The first is that moral requirements are traditionally widely taken to have an authoritative status; that is, to be rules that morality imposes by right. The second is that in order (...) for moral requirements to have such a status, morality must contain prudential options. If both of these claims are true, then they will create a pressure to think of morality as containing prudential options. And according to the Authority Account, the fact that commonsense morality contains such options is the result of this pressure. (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)

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)

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)

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)

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)

At several points throughout his career, Foucault suggests that publishing texts without authors’ names attached would be a useful step towards dismantling what he calls the “author-function:” a social and political role structured according to the way discourse is treated and disseminated in a particular social setting. I discuss Foucault’s criticisms of the author-function in terms of its relationship to the political role of intellectuals, and I argue that the demise of this role cannot be achieved through the means of (...) authorial anonymity, as Foucault suggests. Rather, it must be undermined from a position within this role itself. (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)

Despite a recent explosion of interest in the ethics of armed conflict, the traditional just war criterion that war be waged by a “legitimate authority” has received less attention than other components of the theory. Moreover, of those theorists who have addressed the criterion, many are deeply skeptical about its moral significance. This article aims to add some clarity and precision to the authority criterion and to debates surrounding it, and to suggest that this skepticism may be too (...) quick. First, it provides an analysis of the authority criterion, and argues there are (at least) two distinct moral claims associated with the criterion, requiring separate evaluation. Second, it outlines an increasingly influential “reductivist” approach to just war theory, and explains how it grounds powerful objections to the authority criterion. Third, and in response, it sketches the most promising strategies for providing a (qualified) defense of authority, and the further questions and complications they raise. Importantly, these strategies aim to rehabilitate the authority criterion from within a broadly reductivist view. (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)

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)

These comments, which take the form of criticism and response, were the basis of a zoom conversation at the Eastern APA, January 2021. Josh is putting them up on philpapers (with permission from all involved) in case they are helpful to people interested in the themes of this book.

This paper critically examines the use of the name 'Pseudo-Archytas' to refer to two aspects of the reception of Archytas of Tarentum in antiquity: the 'author-inflection' and the 'authority-inflection'. In order to make progress on our understanding of authority and authorship within the Pythagorean tradition, it attempts to reconstruct Porphyry's views on the importance of Archytas as guarantor of Pythagorean authenticity in the former's lost work On the History of the Philosophers by considering a fragment preserved in Arabic (...) by Ibn Abī Uṣaybi‘a. The article finally argues that a range of problems attend our use of the term 'pseudo-Archytas', which is not fit for purpose when considering the evidence regarding authorship and authority in the Pythagorean tradition. It recommends a more critical approach to the notion of authenticity within the Pythagorean tradition and suggests a new term, 'Archytism', as a more useful point of reference. (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 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)

Typically, expert judgments are regarded by laypeople as highly trustworthy. However, expert assertions that strike the layperson as obviously false or outrageous, seem to give one a perfect reason to dispute that this judgment manifests expertise. In this paper, I will defend four claims. First, I will deliver an argument in support of the preemption view on expert judgments according to which we should not rationally use our own domain-specific reasons in the face of expert testimony. Second, I will argue (...) that the preemption view does not leave room for rejecting an expert judgment simply because it is outrageous. Third and finally, I will argue that outrageous expert judgments are ambiguous. Whereas some of them should be rationally rejected by laypeople, others are true and rationally acceptable. So, being outrageous is not, in and of itself, a reason to reject the judgment. Finally, I will argue that there are resources available to the preemption view that enable the layperson to reject some but not all outrageous expert judgments. This is sufficient to overcome the challenge from outrageous expert judgments to the preemption view. (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)

Controversy about the credibility of normative realism is endemic to contemporary metaethics. Some take realism to be “obviously, the default position,” while others, to put it mildly, do not., In the face of such persistent controversy, it can be valuable to step back from the myriad arguments for and against realism, and seek to understand the challenges that face this view in their deepest and most general form. This paper aims to achieve this deeper understanding with respect to a pair (...) of familiar challenges to normative realism in the philosophy of mind. (shrink)

The quality of our public discourse – think of the climate change debate for instance – is never very high. A day spent observing it reveals a litany of misrepresentation and error, argumentative fallacy, and a general lack of good will. In this paper I focus on a microcosmic aspect of these practices: the use of two types of argument – the argumentum ad hominem and appeal to authority – and a way in which they are related. Public debate (...) is so contaminated by the misuse of the ad hominem tactic that it is important to have an understanding of one of the ways in which its use may be legitimate. So readers who might have expected an analysis of the ad hominem fallacy will, on the contrary, be presented with an account of one of the places for its potential success. In ad hominem, arguers are viewed as legitimate constitutive targets for their own argument; in authority arguments, arguers provide a legitimate constitutive warrant for an argument they deploy. These types of argument are connected in so far as the identities of persons deploying them carry the cognitive weight of the argument. If authority arguments sometimes deserve to succeed, ad hominem attacks on them are potentially legitimate. An important motivation for this analysis is that in identifying the success conditions for one of the ad hominem types we attain some clarity in the evaluation of their use. (shrink)

In this paper we attempt to reply to the thoughtful comments made on our book, Responsible Brains, by a stellar group of scholars. Our reply focuses on two topics discussed in the commenting papers: frst, the issue of responsibility for negligent behavior; and second, the broad claim that facts about brain function are normatively inert. In response to worries that our theory lacks normative implications, we will concentrate on an area where our theory has clear relevance to law and legal (...) policy: juvenile responsibility. (shrink)

Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based analysis, but argue (...) that the moral community must play a greater role in the domestic case and that the collection of individual political communities must play a greater role in the international case. (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)

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)

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)

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)

Vardoulakis argues that the notion of law as developed in chapter 4 of Spinoza's Theological Political Treatise does not rely on a notion of legitimacy but rather on how authority justifies itself. To demonstrate this point, Vardoulakis analyzes closely the example of Adam and the Fall used by Spinoza in that chapter of the Treatise.

The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a (...) presupposed inaccessible author or ghost. The presupposed ghost of the law is crucial to the binding character of a law. (shrink)

While the idea of philosophy as conceptual analysis has attracted many adherents and undergone a number of variations, in general it suffers from an authority problem with two dimensions. First, it is unclear why the analysis of a concept should have objective authority: why explicating what we mean should express how things are. Second, conceptual analysis seems to lack intersubjective authority: why philosophical analysis should apply to more than a parochial group of individuals. I argue that Hegel’s (...) conception of social ontology, focused on his concept of “ethical life” (Sittlichkeit), helps to explain how concepts (and their explication) have both objective and intersubjective authority in the social domain. Hegel claims that modern institutions are the product of self-conscious purposes, so that they are conceptually constituted. Concepts do not just represent these objects and so depend on a contingent relation to them. As many contemporary social ontologists agree, this means that our concepts of these institutions are uniquely epistemically “transparent.” They have objective authority. Concepts have intersubjective authority in the modern world as well, according to Hegel. However, I show that this feature of Hegel’s account does not rely on the solution to a philosophical problem. Rather, since the concepts of modern ethical life are “essentially contested,” their content depends on the practical and political agreement of modern subjects. This means that concepts can only have objective authority if some prior intersubjective agreement has been reached. The role of philosophy as conceptual analysis is thus importantly dependent on political developments. (shrink)