Once again the decision and court opinion are an element within the general understanding of law at least in the common law countries. A lawyerly way has implications in shaping the pattern of public administration, but in differing extent of public attraction or normative impact. -/- First, while the Constitution of United States had brought a popular democracy and Constitution-based structure of government, the Ancient Regime had been overhauled in new land. The “nobility” as a basis of government was dispelled, (...) and people arose as a main class or pillar of nation. As we take a precept of chaotic years from the Articles of Confederation thorough the Constitution, the earlier ambition was mixed between the diplomatic unity and one strong national government. This context implicates much over the centuries and can also be illustrated with a residue of classic and present practice of international politics. The characteristics as temporal for the years would more properly be sensible with the kinds of description, for example, “atmosphere of war, interstate comity or discredit, chaos from the heterogeneous regional power and social incongruence nationally.” A threat from the mainland Europe had been constant at considerable period of time upon the independence. For the nation, it is more urgent to make it clear who will decide the will of nation, how to effectively consolidate the function of government, or how to manage the least of nation with the subjects than active interaction with the people, although the people are one distinct element of new Constitution and ideologically pronounced in the preamble of Constitution. This generally led to recognition that the role of Constitution and Supreme Court were minimal in terms of public policy making and that their policy contained in the opinion often is sheer of internal issues among the public power other than those of people. The kind of Kantian ambition for the universal justice on liberty and equality, hence, should wait for more prosperous time afterwards that people tend to be conscious of their basic rights or public good from the arbitrary rule of majority, given our concocted recognition from the kind of public policy ideals from Bentham, “the greatest happiness of greatest number,” and “revolutionary spirit on people.” It perhaps would not be irrelevant, in understanding of the impact of judicial rulings on public policy, that the US is other than unitary system of government. Oftentimes the kind of rulings on criminalization of adultery or right to privacy would surprise the people, but the kind of oxymoron or public debate, as likely persistent over the decades and diverse reaction, would normally not be present in the jurisdictions of unitary system. The people of such jurisdictions would be more than receptive, and be readily marshaled to adapt with the public guidelines elucidated by the court ruling. We also chat on the multiculturalism in the society and workplace. Given the judicial activism, the Supreme Court justices might be clairvoyant, who would be equipped with goodwill, wisdom and almighty intelligence to assuage an untreatable scope of interests and state specificities. Foreign lawyers would find such ample source of laws in surprise, who might envy a wide coverage of judicial interests. They perhaps would take the US context as the kind of insightful classroom and learn the lessons from their case laws. (shrink)

The paper aims to explore the contour of internet regulation with a thread of Brand X , which navigates through constitutionalism, separation of powers, as well as business and economic or political implications enshrined behind it. An exemplary insight with the Korean case was adverted that could lead to the comparative perspective of internet law and regulation for the future research. The research was conducted by employing qualitative investigation, mainly relying on textual analysis and documentary examination. The outcome of research (...) generally corroborates with our assumption that i) the increasing administrative state will variegate the traditional interplay of three branches, ii) expert bureaucracy stands at the core of policy shaping because of the necessary new concept of market and policy specialization, iii) the role of US government is not only pioneering, but also influential as a regulator, but comparatively with differing national jurisdictions if not a negligible implications on the international competition or even conflict. (shrink)

Deference principles are principles that describe when, and to what extent, it’s rational to defer to others. Recently, some authors have used such principles to argue for Evidential Uniqueness, the claim that for every batch of evidence, there’s a unique doxastic state that it’s permissible for subjects with that total evidence to have. This paper has two aims. The first aim is to assess these deference-based arguments for Evidential Uniqueness. I’ll show that these arguments only work given a (...) particular kind of deference principle, and I’ll argue that there are reasons to reject these kinds of principles. The second aim of this paper is to spell out what a plausible generalized deference principle looks like. I’ll start by offering a principled rationale for taking deference to constrain rational belief. Then I’ll flesh out the kind of deference principle suggested by this rationale. Finally, I’ll show that this principle is both more plausible and more general than the principles used in the deference-based arguments for Evidential Uniqueness. (shrink)

There are many things—call them ‘experts’—that you should defer to in forming your opinions. The trouble is, many experts are modest: they’re less than certain that they are worthy of deference. When this happens, the standard theories of deference break down: the most popular (“Reflection”-style) principles collapse to inconsistency, while their most popular (“New-Reflection”-style) variants allow you to defer to someone while regarding them as an anti-expert. We propose a middle way: deferring to someone involves preferring to make (...) any decision using their opinions instead of your own. In a slogan, deferring opinions is deferring decisions. Generalizing the proposal of Dorst (2020a), we first formulate a new principle that shows exactly how your opinions must relate to an expert’s for this to be so. We then build off the results of Levinstein (2019) and Campbell-Moore (2020) to show that this principle is also equivalent to the constraint that you must always expect the expert’s estimates to be more accurate than your own. Finally, we characterize the conditions an expert’s opinions must meet to be worthy of deference in this sense, showing how they sit naturally between the too-strong constraints of Reflection and the too-weak constraints of New Reflection. (shrink)

Deference to experts is normal in many areas of inquiry, but suspicious in morality. This is puzzling if one thinks that morality is relevantly like those other areas of inquiry. We argue that this suspiciousness can be explained in terms of the suspiciousness of deferring to an epistemic peer. We then argue that this explanation is preferable to others in the literature, and explore some metaethical implications of this result.

The article defends a mild form of pessimism about moral deference, by arguing that deference is incompatible with authentic interaction, that is, acting in a way that communicates our own normative judgment. The point of such interaction is ultimately that it allows us to get to know and engage one another. This vindication of our intuitive resistance to moral deference is upheld, in a certain range of cases, against David Enoch’s recent objection to views that motivate pessimism (...) by appealing to moral autonomy or understanding. Enoch is right to point out that the value of autonomy or understanding cannot provide reason not to defer, if deferring would reduce the risk of treating others wrongly. But in the kind of case where we would want other people to act authentically towards us, even at the cost of a greater risk of wrongdoing, we should do the same towards them. (shrink)

This paper addresses two problems concerning the deferred ostension of extinct and fictive kinds. First, the sampled item, the fossil or the depiction, is not a sample of the referent. Nonetheless, the retained characteristic shape, understood via analogy with living creatures, enables the reference to be fixed. Second, though both extinct and fictive kinds are targets of deferred ostension, there is an important difference in the sample. Fossilization is a natural causal process that makes fossils to be reflections of their (...) originals. As reflections, fossils embed their referents in the primary existential world of perceived things. Images of artificial kinds, by contrast, leave their referents in the secondary existential world of mere appearance. In this way, the paper widens the scope of the Kripke-Putnam account of ostension for naming kinds by drawing on Quine’s concept of deferred ostension for absent referents. (shrink)

This paper develops a moderate pessimist account of moral deference. I argue that while some pessimist explanations of the puzzle of moral deference have been misguided in matters of detail, they nevertheless share an important insight, namely that there is a justified moral agency ideal grounded in pro tanto reasons against moral deference. This thought is unpacked in terms of a set of values associated with the practice of morality. I conclude by suggesting that the solution to (...) the puzzle of moral deference developed here gives us a plausible recipe for generalizing to certain cases of nonmoral deference as well. (shrink)

Joseph Raz’s service conception of law remains one of the best known theories of political authority. Setting aside ongoing debates about the nature of authority, I locate a problem in the basic justificatory structure of the service conception. I show that the service justification of the state does not yield the conclusion that the law generates exclusionary reasons, which are meant to be the key hallmark of authority. An automatic but defeasible _habit _of obeying the state is likely to lead (...) to better outcomes than exclusionary deference to the state. Given the instrumental justification of the service conception, this means that exclusionary reasons to defer do not obtain. Habituation and automaticity have been developed in other contexts and are here extended to the context of political authority. The possibility of habitual obedience undercuts Raz's theory while suggesting a new approach to the question of political authority. (shrink)

Semantic deference is the apparent phenomenon whereby some of -/- our concepts have their content fixed by the minds of others. The -/- phenomenon is puzzling both in terms of how such concepts are -/- supposed to work, but also in terms of why we should have -/- concepts whose content is fixed by others. Here I argue that if we -/- rethink semantic deference in terms of extended mind reasoning -/- we find answers to both of these (...) questions: the minds of others -/- can be understood to play a role in storing the semantic knowledge -/- underpinning our concepts without undermining their -/- functionality, and this ‘outsourcing’ of semantic knowledge greatly -/- expands our overall knowledge-bearing capacity, both at the level -/- of the individual and the community. I conclude that deference in -/- fact affords stronger grounds for a social expansion of knowledge -/- than standard extended mind reasoning permits. (shrink)

When an agent learns of an expert's credence in a proposition about which they are an expert, the agent should defer to the expert and adopt that credence as their own. This is a popular thought about how agents ought to respond to (ideal) experts. In a Bayesian framework, it is often modelled by endowing the agent with a set of priors that achieves this result. But this model faces a number of challenges, especially when applied to non-ideal agents (who (...) nevertheless interact with ideal experts). I outline these problems, and use them as desiderata for the development of a new model. Taking inspiration from Richard Jeffrey's development of Jeffrey conditioning, I develop a model in which expert reports are taken as exogenous constraints on the agent's posterior probabilities. I show how this model can handle a much wider class of expert reports (for example reports of conditional probabilities), and can be naturally extended to cover propositions for which the agent has no prior. (shrink)

How should we adjust our beliefs in light of the testimony of those who are in a better epistemic position than ourselves, such as experts and other epistemic superiors? In this paper, I develop and defend a deference model of epistemic authority. The paper attempts to resolve the debate between the preemption view and the total evidence view of epistemic authority by taking an accuracy-first approach to the issue of how we should respond to authoritative and expert testimony. I (...) argue that when we look at the debate through the lens of accuracy, it becomes clear that matters are more complicated than either the preemption view or the total evidence view are able to account for. Consequently, a deference model, outlined within a credence-based framework, does a better job of capturing the relevant phenomena, and explaining how we should update our beliefs in response to epistemically authoritative testimony. (shrink)

This paper focuses on the phenomenon of forming one’s judgement about epistemic matters, such as whether one has some reason not to believe false propositions, on the basis of the opinion of somebody one takes to be an expert about them. The paper pursues three aims. First, it argues that some cases of expert deference about epistemic matters are suspicious. Secondly, it provides an explanation of such a suspiciousness. Thirdly, it draws the metaepistemological implications of the proposed explanation.

I defend a Deferred Ostension view of quotation, on which quotation-marks are the linguistic bearers of reference, functioning like a demonstrative; the quoted material merely plays the role of a demonstratum. On this view, the quoted material works like Nunberg’s indexes in his account of deferred ostensión in general. The referent is obtained through some contextually suggested relation; in the default case the relation will be … instantiates the linguistic type __, but there are other possibilities. In this way, the (...) deferred ostension view deals with a problem I pointed out for the identity proposal in my earlier work, that we do not merely refer with quotations to expression-types, but also to other entities related in some way to the relevant token we use: features exhibited by the token distinct from those constituting its linguistic type, features exhibited by other tokens of the same type but not by the one actually used (as when, by using a graphic token, we refer to its phonetic type), or even other related tokens (see the examples on p. 261 of García-Carpintero 1994). (shrink)

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

Many writers have recently argued that there is something distinctively problematic about sustaining moral beliefs on the basis of others’ moral views. Call this claim pessimism about moral deference. Pessimism about moral deference, if true, seems to provide an attractive way to argue for a bold conclusion about moral disagreement: moral disagreement generally does not require belief revision. Call this claim steadfastness about moral disagreement. Perhaps the most prominent recent discussion of the connection between moral deference and (...) moral disagreement, due to Alison Hills, uses pessimism about the former to argue for steadfastness about the latter. This paper reveals that this line of thinking, and others like it, are unsuccessful. There is no way to argue from a compelling version of pessimism about moral deference to the conclusion of steadfastness about moral disagreement. The most plausible versions of pessimism about moral deference have only very limited implications for moral disagreement. (shrink)

In this paper we argue that moral deference is prima facie obligatory in cases in which the testifier is a member of a marginalized social group that the receiver is not and testifies about their marginalized experience. We distinguish between two types of deference: epistemic deference, which refers to believing p in virtue of trusting the testifier, and actional deference, which involves acting appropriately in response to the testimony given. The prima facie duty we propose applies (...) to both epistemic and actional deference, though defeaters may quash either or both obligations. Even if one fails to epistemically defer to the marginalized testifier, we argue that they may still be ethically obligated to act in accordance with their testimony. (shrink)

It is a truism that the attitude of deference to the text plays a lesser role in Anglo-Saxon philosophy than in other philosophical traditions. Works of philosophy written in English have, it is true, spawned a massive secondary literature dealing with the ideas, problems or arguments they contain. But they have almost never given rise to works of commentary in the strict sense, a genre which is however a dominant literary form not only in the Confucian, Vedantic, Islamic, Jewish (...) and Scholastic traditions of the past, but also in relation to more recent German-language philosophy (thus for example in work on Hegel, Heidegger or Wittgenstein). Moreover Anglo-Saxon philosophers have themselves embraced the commentary form when dealing with Greek or Latin philosophers outside their own tradition. The paper seeks to establish the reasons for this imbalance by examining those factors which might be conducive to the growth of a commentary literature in a given culture. (shrink)

Pettit (2006) argues that deferring to majority testimony is not generally rational: it may lead to inconsistent beliefs. He suggests that “another ... approach will do better”: deferring to supermajority testimony. But this approach may also lead to inconsistencies. In this paper, I describe conditions under which deference to supermajority testimony ensures consistency, and conditions under which it does not. I also introduce the concept of “consistency of degree k”, which is weaker than full consistency by ruling out only (...) “blatant” inconsistencies in an agent’s beliefs while permitting less blatant ones, and show that, while super-majoritarian deference often fails to ensure full consistency, it is a route to consistency in this weaker sense. (shrink)

Certain forms of practical deference seem to be incompatible with personal autonomy. I argue that such deference undermines autonomy not by compromising the governance of an authentic self, nor by constituting a failure to track objective reasons, but by constituting a particular social relation: one of interpersonal rule. I analyse this social relation and distinguish it from others, including ordinary relations of love and care. Finally, I argue that the particular form of interpersonal rule constituted by dispositions of (...) practical deference in itself entails a partial, though not total, disconnection from the good of a self-authored life. (shrink)

This essay gives an account of epistemic deference for agents with imprecise credences. I look at the two main imprecise deference principles in the literature, known as Identity Reflection and Pointwise Reflection (Moss, 2021). I show that Pointwise Reflection is strictly weaker than Identity Reflection, and argue that, if you are certain you will update by conditionalisation, you should defer to your future self according to Identity Reflection. Then I give a more general justification for Pointwise and Identity (...) Reflection from the assumption that you defer to someone whenever you consider their doxastic state to be better than yours, in the sense of leading to better decision-making. (shrink)

The term ‘reflexivity’ continues to maintain an interpretive hegemony in discussions on modernity and the Self. As a form of praxis, applications of reflexivity frequently rely upon an acknowledged awareness of one’s self-conscious attitudes, dispositions, behaviors and motives. This paper will take aim at such contentions, exploring the extent to which examples of racism rely upon a level of reflexivity, best encapsulated in Žižek’s ‘reflexive racism’. Specifically, it is highlighted how examples of non- racism/anti-racism assert the formal promotion of a (...) monadic subject, solely adept at ‘uncovering’ and ‘relinquishing’ their racism (disavowal); and, an equally unhelpful social constructionism, which depoliticizes racism by relocating and relativizing it to a particular socio-historical context (deferment). In outlining this response, specific attention is given to Lacan’s subject of enunciation and subject of the enunciated, from which it is concluded that it is in the obfuscation of one’s ‘position of enunciation’ that examples of reflexive racism reside. (shrink)

Healthcare practitioners have access to a range of ethical guidance. However, the normative role of this guidance in ethical decision-making is underexplored. This paper considers two ways that healthcare practitioners could approach ethics guidance. We first outline the idea of deference to ethics guidance, showing how an attitude of deference raises three key problems: moral value; moral understanding; and moral error. Drawing on philosophical literature, we then advocate an alternative framing of ethics guidance as a form of moral (...) testimony by colleagues and suggest that a more promising attitude to ethics guidance is to approach it in the spirit of ‘critical engagement’ rather than deference. (shrink)

It's widely accepted that social facts about an individual's linguistic community can affect both the reference of her words and the concepts those words express. Theorists sympathetic to the internalist tradition have sought to accommodate these social dependence phenomena without altering their core theoretical commitments by positing deferential reference-fixing criteria. In this paper, we sketch a different explanation of social dependence phenomena, according to which all concepts are individuated in part by causal-historical relations linking token elements of thought.

A norm of local expert deference says that your credence in an arbitrary proposition A, given that the expert's probability for A is n, should be n. A norm of global expert deference says that your credence in A, given that the expert's entire probability function is E, should be E(A). Gaifman (1988) taught us that these two norms are not equivalent. Stalnaker (2019) conjectures that Gaifman's example is "a loophole". Here, I substantiate Stalnaker's suspicions by providing characterisation (...) theorems which tell us precisely when the norms give different advice. They tell us that, in a good sense, Gaifman's example is the only case where the two norms differ. I suggest that the lesson of the theorems is that Bayesian epistemologists need not concern themselves with the differences between these two kinds of norms. While they are not strictly speaking equivalent, they are equivalent for all philosophical purposes. (shrink)

Deference in politics is often necessary. To answer questions like, “Should the government increase the federal minimum wage?” and “Should the state introduce a vaccine mandate?”, we need to know relevant scientific and economic facts, make complex value judgments, and answer questions about incentives and implementation. Lay citizens typically lack the time, resources, and competence to answer these questions on their own. Hence, they must defer to others. But to whom should they defer? A common answer is that they (...) should—or are at least permitted to—defer to co-partisans. This view initially seems attractive on both normative and empirical grounds. Against this, I argue that deference to co-partisans has overlooked moral and epistemic problems. In light of them, I propose several new ways to revise our expectations of citizens in a democracy both individually and institutionally. (shrink)

Allies of those experiencing injustice or oppression face a dilemma: to be neutral in the face of calls to solidarity risks siding with oppressors, yet to speak or act on behalf of others risks compounding the injustice. We identify what we call ‘a normative demand for deference’ (NDD) to those with lived experience as a response to this dilemma. Yet, while the NDD is prevalent, albeit sometimes implicitly so, in contemporary solidarity theory and activist practice, it remains under-theorised. In (...) this article, we analyse the potential benefits of adhering to the NDD, highlighting both a commonly accepted epistemic benefit, and a neglected but important good in bearing witness. Yet adhering to the NDD also raises real challenges. While the literature focuses on a gold standard model of direct engagement, we defend a valuable role for a second-order form of engagement through reading, films, and similar media, which, we argue, is particularly salient for global and transnational solidarity, an important element of contemporary global politics. (shrink)

In this paper I’ll suggest that a certain challenge facing defeatist views about higher-order evidence cannot be met, namely, motivating principles that recommend abandoning belief in cases of higher order defeat, but do not recommend global scepticism. I’ll propose that, ultimately, the question of whether to abandon belief in response to the realization that our belief can’t be recovered from what I’ll call ‘a perspective of doubt’ can’t be answered through rational deliberation aimed at truth or accuracy.

We sometimes seek expert guidance when we don’t know what to think or do about a problem. In challenging cases concerning medical ethics, we may seek a clinical ethics consultation for guidance. The assumption is that the bioethicist, as an expert on ethical issues, has knowledge and skills that can help us better think about the problem and improve our understanding of what to do regarding the issue. The widespread practice of ethics consultations raises these questions and more: -/- • (...) What would it take to be a moral expert? • Is anyone a moral expert, and if so, how could a non-expert identify one? • Is it in any way problematic to accept and follow the advice of a moral expert as opposed to coming to moral conclusions on your own? • What should we think and do when moral experts disagree about a practical ethical issue? -/- In what follows, we address these theoretical and practical questions about moral expertise. (shrink)

Principles of chance deference face two kinds of problems. In the first place, they face difficulties with a priori knowable contingencies. In the second place, they face difficulties in cases where you've lost track of the time. I provide a principle of chance deference which handles these problem cases. This principle has a surprising consequence for Adam Elga's Sleeping Beauty Puzzle.

It has become increasingly popular to suggest that non-individualistic theories of content undermine our purported a priori knowledge of such contents because they entail that we lack the ability to distinguish our thoughts from alternative thoughts with different contents. However, problems relating to such knowledge of 'comparative' content tell just as much against individualism as non-individualism. Indeed, the problems presented by individualistic theories of content for self-knowledge are at least, if not more, serious than those presented by non-individualistic theories. Consequently, (...) considerations of self-knowledge give one no reason to embrace individualism. If anything, they give one reason to reject it. (shrink)

Standpoint epistemology has been linked with increasing calls for deference to the socially marginalized. As we understand it, deference involves recognizing someone else as better positioned than we are, either to investigate or to answer some question, and then accepting their judgment as our own. We connect contemporary calls for deference to old objections that standpoint epistemology wrongly reifies differences between groups. We also argue that while deferential epistemic norms present themselves as a solution to longstanding injustices, (...) habitual deference prevents the socially dominant from developing for themselves the skills necessary to expand their capacity for empathy, to deftly probe for evidence, and to ask critical questions. Consequently, we argue that standpoint epistemology must be understood as calling for inclusion, not deference. (shrink)

To morally defer is to form a moral belief on the basis of some credible authority's recommendation rather than on one’s own moral judgment. Many philosophers have suggested that the sort of knowledge yielded by moral deference is deficient in various ways. To better appreciate its possible deficiencies, I propose that we look at a centuries-long philosophical discourse that made much of the shortcomings of this sort of knowledge, which is the discourse about “getting it oneself” (zide 自得) in (...) the later (post-classical) Confucian tradition. In this chapter, I offer the first sustained philosophical account of “getting it oneself,” as conceived by its most influential proponents—Cheng Hao, Cheng Yi, and Zhu Xi. I describe its most notable features, including its tendency to enhance epistemic confidence and what I call “self-discovery aspects” of the phenomenon. I then focus on the Neo-Confucian claim that some parts of the deliberative process should be spontaneous or unforced, which, I argue, they saw as necessary for an unbiased appreciation of the inferential force of the reasons for one’s moral conclusions. I conclude by pointing to some of the broader implications of my reading for both the history of philosophy and current debates about moral deference. (shrink)

Many accounts of faith hold that faith is deference to an authority about what to believe or what to do. I show that this kind of faith fits into a more general account of faith, the risky‐commitment account. I further argue that it can be rational to defer to an authority even when the authority's pronouncement goes against one's own reasoning. Indeed, such deference is rational in typical cases in which individuals treat others as authorities.

Pessimists about aesthetic testimony argue that it is inappropriate to rely on other people’s aesthetic judgments in forming our own aesthetic beliefs. Some suggest that such reliance violates an epistemic norm, others that it violates a non-epistemic norm. In making their case, pessimists offer several arguments. They also put forward cases meant to elicit pessimist intuitions. In this paper, I claim that none of the main pessimist arguments succeeds against a plausible version of optimism, that is, the view that reliance (...) on testimony in aesthetic matters is appropriate. However, I suggest also that pessimist intuitions have a certain pull that optimists must account for. My second task is to explain the force of pessimist intuitions by shedding new light on their source. (shrink)

This article is a response to William Lynch’s, ‘Social Epistemology Transformed: Steve Fuller’s Account of Knowledge as a Divine Spark for Human Domination,’ an extended and thoughtful reflection on my Knowledge: The Philosophical Quest in History. I grant that Lynch has captured well, albeit critically, the spirit and content of the book – and the thirty-year intellectual journey that led to it. In this piece, I respond at two levels. First, I justify my posture towards my predecessors and contemporaries, which (...) Lynch shrewdly sees as my opposition to deference. However, most of the response concerns an elaboration of my theodicy-focussed sense of social epistemology, which is long-standing but only started to become prominent about ten years ago, in light of my involvement in the evolution controversies. Here I aim to draw together a set of my abiding interests – scientific, theological and philosophical – in trying to provide a normative foundation for the future of humanity. (shrink)

An agent’s belief in a proposition, E0, is justified by an infinite regress of deferred justification just in case the belief that E0 is justified, and the justification for believing E0 proceeds from an infinite sequence of propositions, E0, E1, E2, etc., where, for all n ≥ 0, En+1 serves as the justification for En. In a number of recent articles, Atkinson and Peijnenburg claim to give examples where a belief is justified by an infinite regress of deferred justification. I (...) argue here that there is no reason to regard Atkinson and Peijnenburg’s examples as cases where a belief is so justified. My argument is supported by careful consideration of the grounds upon which relevant beliefs are held within Atkinson and Peijnenburg’s examples. (shrink)

Among the many problems facing u.s. immigration law is a crisis of discretion and judicial deference. Through two recently passed laws, the United States Congress and the President have seriously limited judicial review o f discretionary immigration decisions o f the Board ofImmigration Appeals. This Article focuses on this preclusion of judicial review of discretionary agency decisions. The Article begins with an examination ofdiscretion from a theoretical perspective, and goes on to examine areas o f immigration law in which (...) discretion was traditionally most imponant. That examination is followed by a discussion of immigration-law scholarship and critique. The Article concludes that what is needed in U.S. immigration law is greater restraint, and calls on the Judiciary to provide more oversight regarding discretionary agency decisions. (shrink)

Carl Schmitt’s critical insights into ‘economic-technical thinking’ and the dominant role that a ‘magical technicity’ is said to assume in the social horizon of his times offers an opportunity to reframe contemporary debates on political and economic theology, exposing a theological core behind technocratic administration. Starting from this premise, the article engages with recent inquiries into so-called ‘debt economy’, assessing the affective function that ‘deferment’ and ‘confession’ perform as dominant operators in the social imaginary of neoliberal governance.

Richard Feldman’s “Reasonable Religious Disagreements” launched debates about the epistemic significance of disagreement that have been a dominant point of discussion in epistemology as of late. While most of these debates have been concerned with disagreement more generally, Feldman’s original focus was religious disagreement, and John Pittard returns the focus to religious disagreement in Disagreement, Deference, and Religious Commitment. Pittard’s book delves deeply into debates about the significance of disagreement with a foot in both epistemology and philosophy of religion. (...) It is the first book to look at these issues as they are being addressed within each of these sub-disciplines and is sure to be a significant contribution to the debates in both sub-fields. (shrink)

Do people tend to be overconfident? Many think so. They’ve run studies on whether people are calibrated: whether their average confidence in their opinions matches the proportion of those opinions that are true. Under certain conditions, people are systematically ‘over-calibrated’—for example, of the opinions they’re 80% confident in, only 60% are true. From this empirical over-calibration, it’s inferred that people are irrationally overconfident. My question: When and why is this inference warranted? Answering it requires articulating a general connection between being (...) rational and being right—something extant studies have not done. I show how to do so using the notion of deference. This provides a theoretical foundation for calibration research, but also reveals a flaw: the connection between being rational and being right is much weaker than is standardly assumed, since rational people can often be expected to be miscalibrated. Thus we can’t test whether people are overconfident by simply testing whether they are over-calibrated; instead, we must try to predict the rational deviations from calibration, and then compare those predictions to people’s performance. I show how this can be done—and that doing so complicates the interpretation of robust empirical effects. (shrink)

Temporal externalists argue that ascriptions of thought and utterance content can legitimately reflect contingent conceptual developments that are only settled after the time of utterance. While the view has been criticized for failing to accord with our “ordinary linguistic practices”, such criticisms (1) conflate our ordinary ascriptional practices with our more general beliefs about meaning, and (2) fail to distinguish epistemically from pragmatically motivated linguistic changes. Temporal externalism relates only to the former sort of changes, and the future usage relevant (...) to what we mean reflects reason-driven practices that are rational for us to defer to. (shrink)

In this essay, I address several questions and challenges brought about by the contributors to the special issue on my book Democracy without Shortcuts. In particular, I address some implications of my critique of deep pluralism; distinguish between three senses of ‘blind deference’: political, reflective, and informational; draw a critical parallelism between the populist conception of representation as embodiment and the conception of ‘citizen-representatives’ often ascribed to participants in deliberative minipublics; defend the democratic attractiveness of participatory uses over empowered (...) uses of deliberative minipublics; clarify why accepting public reason constraints does not imply limiting deliberation to questions about constitutional rights, and argue that overcoming a state-centric conception of democracy does not require replacing the ‘all subjected’ principle with the ‘all affected’ principle. (shrink)

This paper argues that it is prudentially wise to defer to groups about how they are essentially constituted and defined. After a few words situating the paper in my greater research project (§1), I articulate the kind of deference I have in mind (§2). Then I offer two conditional arguments on why it is epistemically desirable to let other people tell you how they ought to be identified (§3). The first argument is that people are owed lexical sovereignty because (...) denying it is absurd; the second is that modest skeptics ought to agree with it on the basis of some relatively anodyne and plausible epistemic considerations. (shrink)

This handbook article gives a critical overview of recent discussions of epistemic authority. It favors an account that brings into balance the dictates of rational deference with the ideals of intellectual self-governance. A plausible starting point is the conjecture that neither should rational deference to authorities collapse into total epistemic submission, nor the ideal of mature intellectual self-governance be conflated with (illusions of) epistemic autarky.

There seems to be a deep tension between two aspects of aesthetic appreciation. On the one hand, we care about getting things right. On the other hand, we demand autonomy. We want appreciators to arrive at their aesthetic judgments through their own cognitive efforts, rather than deferring to experts. These two demands seem to be in tension; after all, if we want to get the right judgments, we should defer to the judgments of experts. The best explanation, I suggest, is (...) that aesthetic appreciation is something like a game. When we play a game, we try to win. But often, winning isn’t the point; playing is. Aesthetic appreciation involves the same flipped motivational structure: we aim at the goal of correctness, but having correct judgments isn’t the point. The point is the engaged process of interpreting, investigating, and exploring the aesthetic object. Deferring to aesthetic testimony, then, makes the same mistake as looking up the answer to a puzzle, rather than solving it for oneself. The shortcut defeats the whole point. This suggests a new account of aesthetic value: the engagement account. The primary value of the activity of aesthetic appreciation lies in the process of trying to generate correct judgments, and not in having correct judgments. -/- *There is an audio version available: look for the Soundcloud link, below.*. (shrink)