Maximize Expected Choiceworthiness (MEC) is a theory of decision-making under moral uncertainty. It says that we ought to handle moral uncertainty in the way that Expected Value Theory (EVT) handles descriptive uncertainty. MEC inherits from EVT the problem of fanaticism. Roughly, a decision theory is fanatical when it requires our decision-making to be dominated by low-probability, high-payoff options. Proponents of MEC have offered two main lines of response. The first is that MEC should simply import whatever are the best solutions (...) to fanaticism on offer in decision theory. The second is to propose statistical normalization as a novel solution on behalf of MEC. This paper argues that the first response is open to serious doubt and that the second response fails. As a result, MEC appears significantly less plausible when compared to competing accounts of decision-making under moral uncertainty, which are not fanatical. (shrink)

Normative discourse frequently involves explanation. For example, we tell children that hitting is wrong because it hurts people. In a recent paper, Selim Berker argues that to account for this kind of explanation, expressivists need an account of normative grounding. Against this, I argue that expressivists should eschew grounding and stick to a more pragmatic picture of explanation, one that focuses on how we use explanatory speech acts to communicate information. I propose that the standard form of a normative explanation (...) is a generalizing explanation, one which shows a particular moral injunction to follow from a more general injunction. I use Marc Lange’s account of unifying explanations in mathematics as a model for the canonical form of a normative explanation, but also to establish that logical entailment can be explanatory, so long as premises entailing the conclusion answer appropriately to our interests. An additional upshot of the resulting view is that it paves the way for a purely metaphysical solution to the problem of creeping minimalism. Quasireal properties are those that, unlike real properties, stand outside of the metaphysical hierarchy of grounding relations. (shrink)

According to Aristotle, the medical art aims at health, which is a virtue of the body, and does so in an unlimited way. Consequently, medicine does not determine the extent to which health should be pursued, and “mental health” falls under medicine only via pros hen predication. Because medicine is inherently oriented to its end, it produces health in accordance with its nature and disease contrary to its nature—even when disease is good for the patient. Aristotle’s politician understands that this (...) inherent orientation can be systematically distorted, and so would see the need for something like the Hippocratic Oath. (shrink)

As there is currently a neo-Aristotelian revival currently taking place within contemporary metaphysics and dispositions, or causal powers are now being routinely utilised in theories of causality and modality, more attention is beginning to be paid to a central Aristotelian concern: the metaphysics of substantial unity, and the doctrine of hylomorphism. In this paper, I distinguish two strands of hylomorphism present in the contemporary literature and argue that not only does each engender unique conceptual difficulties, but neither adequately captures the (...) metaphysics of Aristotelian hylomorphism. Thus both strands of contemporary hylomorphism, I argue, fundamentally misunderstand what substantial unity amounts to in the hylomorphic framework – namely, the metaphysical inseparability of matter and form. (shrink)

Axel Honneth, The Struggle for Recognition: The Moral Grammer of Social Conflicts (reviewed by Christopher Zurn).

Attitudinal embeddings, such as ‘I hope that murder is wrong’ or ‘she is glad that eating meat is not wrong’ are a less substantial problem for expressivists than is standardly thought. If expressivists are entitled to talk of normative beliefs, they can explain what it is to for an attitude to be semantically related to a normative content in terms of being functionally related to a belief with a normative content.

In these replies, I shall respond to criticisms offered by Kaczor and Rodger to my article titled “Ectogestation and the Problem of Abortion.” In the process, I shall also try to bring into focus why the possibility of ectogestation will radically alter the shape of the abortion debate.

Giubilini and Minerva argue that the permissibility of abortion entails the permissibility of infanticide. Proponents of what we refer to as the Birth Strategy claim that there is a morally significant difference brought about at birth that accounts for our strong intuition that killing newborns is morally impermissible. We argue that strategy does not account for the moral intuition that late-term, non-therapeutic abortions are morally impermissible. Advocates of the Birth Strategy must either judge non-therapeutic abortions as impermissible in the later (...) stages of pregnancy or conclude that they are permissible on the basis of premises that are far less intuitively plausible than the opposite conclusion and its supporting premises. (shrink)

I argue against pessimistic readings of the Buddhist tradition on which unawakened beings invariably have lives not worth living due to a preponderance of suffering (duḥkha) over well-being.

Deliberation often begins with the question ‘What do I want to do?’ rather than the question of what one ought to do. This paper takes that question at face value, as a question about which of one’s desires is strongest, which sometimes guides action. The paper aims to explain which properties of a desire make that desire strong, in the sense of ‘strength’ relevant to this deliberative question. Both motivational force and phenomenological intensity seem relevant to a desire’s strength; however, (...) accounting for the strength of a desire in these terms opens up significant indeterminacy about what we want. The paper argues that this indeterminacy is often resolved simply by posing the question ‘What do I want to do?’ to oneself: there is reason to believe that one’s answer will play a verdictive role, partially determining what the agent most wants. Self-reflective beliefs can play a self-fulfilling role, and surprisingly this seems to follow from basic platitudes about the belief-desire model. (shrink)

Non-Archimedean population axiologies – also known as lexical views – claim (i) that a sufficient number of lives at a very high positive welfare level would be better than any number of lives at a very low positive welfare level and/or (ii) that a sufficient number of lives at a very low negative welfare level would be worse than any number of lives at a very high negative welfare level. Such axiologies are popular because they can avoid the (Negative) Repugnant (...) Conclusion and satisfy the adequacy conditions given in the central impossibility result in population axiology due to Gustaf Arrhenius. I provide a novel argument against them which appeals to the way that good and bad lives can intuitively outweigh one another. (shrink)

I argue that standard explanationist solutions to the problem of creeping minimalism are largely on the right track, but they fail to correctly specify the kind of explanation that is relevant to distinguishing realism from quasirealism. Quasirealism should not be distinguished from realism in terms of the explanations it gives of why a normative judgment—a normative sentence or attitude—has the semantic content that it has. Rather, it should be distinguished in terms of the explanations it offers of what the semantic (...) content of a normative judgment is. (shrink)

This paper has two related goals. First, we develop an expressivist account of negation which, in the spirit of Alan Gibbard, treats disagreement as semantically primitive. Our second goal is to make progress toward a unified expressivist treatment of modality. Metaethical expressivists must be expressivists about deontic modal claims. But then metaethical expressivists must either extend their expressivism to include epistemic and alethic modals, or else accept a semantics for modal expressions that is radically disjunctive. We propose that expressivists look (...) to Amie Thomasson’s work for a general strategy for offering a unified expressivist account of modality. Modals in general, we propose, are devices for expressing metalinguistic commitments within the object language, with deontic, epistemic, and metaphysical modals all expressing different kinds of metalinguistic commitments. (shrink)

Scholars have often thought that a monistic reading of Aristotle’s definition of the human good – in particular, one on which “best and most teleios virtue” refers to theoretical wisdom – cannot follow from the premises of the ergon argument. I explain how a monistic reading can follow from the premises, and I argue that this interpretation gives the correct rationale for Aristotle’s definition. I then explain that even though the best and most teleios virtue must be a single virtue, (...) that virtue could in principle be a whole virtue that arises from the combination of all the others. I also clarify that the definition of the human good aims at capturing the nature of human eudaimonia only in its primary case. (shrink)

It is no exaggeration to say that there has been an explosion of activity in the field of philosophical enquiry that is known as natural theology. Having been smothered in the early part of the twentieth century due to the dominance of the anti-metaphysical doctrine of logical positivism, natural theology began to make a comeback in the late 1950s as logical positivism collapsed and analytic philosophers took a newfound interest in metaphysical topics such as possibility and necessity, causation, time, the (...) mind-body problem, and God. This chapter begins by considering how we might characterise natural theology as a field of enquiry. It then proceeds to survey the landscape of contemporary natural theology, which has spawned a large and at times highly technical body of literature. Finally, consideration is given to two epistemological issues confronting the theist who wishes to appeal to natural theology, which could be termed the problem of the gap(s) and the problem of accessibility. (shrink)

The question of whether there are laws of nature in ecology has developed substantially in the last 20 years. Many have attempted to rehabilitate ecology’s lawlike status through establishing that ecology possesses laws that robustly appear across many different ecological systems. I argue that there is still something missing, which explains why so many have been skeptical of ecology’s lawlike status. Community ecology has struggled to establish what I call a General Unificatory Theory. The lack of a GUT causes problems (...) for explanation as there are no guidelines for how to integrate the lower-level mathematical and causal models into a larger theory of how ecological assemblages are formed. I turn to a promising modern attempt to provide a unified higher-level explanation in ecology, presented by ecologist Mark Vellend, and advocate for philosophical engagement with its prospects for aiding ecological explanation. (shrink)

A good definition of process tracing should highlight what is distinctive about process tracing as a methodology of causal inference. I look at eight criteria that are used to define process tracing in the methodological literature, and I dismiss all eight criteria as unhelpful (some because they are too restrictive, and others because they are vacuous). In place of these criteria, I propose four alternative criteria, and I draw a distinction between process tracing for the ultimate aim of testing a (...) start--end hypothesis versus process tracing as an ultimate end in itself. Although it is clear enough how the former method works, there is still much methodological work to be done in understanding the latter method as a distinctive method of causal inference, I argue. (shrink)

The aim of the article is to develop precise epistemic rules for good public political arguments, by which political measures in the broad sense are justified. By means of a theory of deliberative democracy, it is substantiated that the justification of a political measure consists in showing argumentatively that this measure most promotes the common good or is morally optimal. It is then discussed which argumentation-theoretical approaches are suitable for providing epistemically sound rules for arguments for such theses and for (...) the associated premises, rules whose compliance implies the truth or acceptability of the thesis. Finally, on the basis of the most suitable approach, namely the epistemological one, such systems of rules for the required types of arguments are presented that fulfil the conditions mentioned. (shrink)

The imagery we adopt when recalling the personal past may involve different perspectives. In many cases, we remember the past event from our original point of view. In some cases, however, we remember the past event from an external “observer” perspective and view ourselves in the remembered scene. Are such observer perspective images genuine memories? Are they accurate representations of the personal past? This chapter focuses on such observer perspectives in memory, and outlines and examines proposals about the nature of (...) such imagery. (shrink)

There is now a burgeoning literature on evolutionary debunking arguments (EDAs) against moral beliefs, but perhaps surprisingly, a relatively small literature on EDAs against religious beliefs. There is an even smaller literature comparing the two. This essay aims to further the investigation of how the two sorts of arguments compare with each other. To begin with, I shall offer some remarks on how to best formulate these arguments, focusing on four different formulations that one can discern in the literature and (...) that can be applied to both sorts of beliefs. I shall then go on to make a series of comparisons regarding the relative vulnerabilities of moral beliefs and theistic religious beliefs to these four arguments, suggesting that there are a number of respects in which theistic religious beliefs are somewhat less liable than moral beliefs to be undercut by EDAs. (shrink)

This chapter takes up the question of what (if anything) might be wrong with religious beliefs that are held primarily on the basis of testimony, in light of the facts of religious diversity. The chapter first considers whether religious diversity entails that a religious believer’s testimony-based beliefs are not formed in a suitably epistemically reliable manner even conditional upon the truth of her religion. After casting doubt on this thought the chapter turns to look at the idea that testimony-based beliefs (...) are subject to defeaters in light of awareness of religious diversity, and suggests that many such beliefs are not obviously so. According to the author’s diagnosis the problem, rather, is that believers who base their religious beliefs just on testimony will be very unlikely to have reflective (that is, second-order) knowledge even if they possess first-order knowledge, and the author explains why this is a notable shortcoming. (shrink)

Comments and replies from the 2021 Eastern APA book symposium on Jill North's Physics, Structure, and Reality.

It is envisioned that one day xenotransplantation will bring about a future where transplantable organs can be safely and efficiently grown in transgenic pigs to help meet the global organ shortage. While recent advances have brought this future closer, worries remain about whether it will be beneficial overall. The unique challenges and risks posed to humans that arise from transplanting across the species barrier, in addition to the costs borne by non-human animals, has led some to question the value of (...) xenotransplantation altogether. In response, we defend the value of xenotransplantation research, because it can satisfy stringent welfare conditions on the permissibility of animal research and use. Along the way, we respond to the alleged concerns, and conclude that they do not currently warrant a cessation or a curtailing of xenotransplantation research. (shrink)

This article considers the contemporary effective altruism (EA) movement from a classical Indian Buddhist perspective. Following barebones introductions to EA and to Buddhism (sections one and two, respectively), section three argues that core EA efforts, such as those to improve global health, end factory farming, and safeguard the long-term future of humanity, are futile on the Buddhist worldview. For regardless of the short-term welfare improvements that effective altruists impart, Buddhism teaches that all unenlightened beings will simply be reborn upon their (...) deaths back into the round of rebirth (samsāra), which is held to be undesirable due to the preponderance of duhkha (unsatisfactoriness, dis-ease, suffering) over well-being that characterizes unenlightened existence. This is the samsāric futility problem. Although Buddhists and effective altruists disagree about what ultimately helps sentient beings, section four suggests that Buddhist-EA dialogue nonetheless generates mutually-instructive insights. Buddhists – including contemporaries, such as those involved in Socially Engaged Buddhism – might take from EA a greater focus on explicit prioritization research, which seeks knowledge of how to do the most good we can, given our finite resources. EA, for its part, has at least two lessons to learn. First, effective altruists have tended to assume that the competing accounts of welfare converge in their practical implications. The Buddhist conception of the pinnacle of welfare as a state free from duhkha and, correspondingly, the Buddhist account of the path that leads to this state weigh against this assumption. Second, contrasting Buddhist with effective altruist priorities shows that descriptive matters of cosmology, ontology, and metaphysics can have decisive practical implications. If EA wants to give a comprehensive answer to its guiding question – “how can we do the most good?” – it must argue for, rather than merely assume, the truth of secular naturalism. (shrink)

This paper argues that political civility is actually an illusionistic ideal and that, as such, realism counsels that we acknowledge both its promise and peril. Political civility is, I will argue, a tension-filled ideal. We have good normative reasons to strive for and encourage more civil political interactions, as they model our acknowledgement of others as equal citizens and facilitate high-quality democratic problem-solving. But we must simultaneously be attuned to civility’s limitations, its possible pernicious side-effects, and its potential for strategic (...) manipulation and oppressive abuse, particularly in contemporary, pluralistic and heterogeneous societies. (shrink)

Contemporary recognition theory has developed powerful tools for understanding a variety of social problems through the lens of misrecognition. It has, however, paid somewhat less attention to how to conceive of appropriate responses to misrecognition, usually making the tacit assumption that the proper societal response is adequate or proper affirmative recognition. In this paper I argue that, although affirmative recognition is one potential response to misrecognition, it is not the only such response. In particular, I would like to make the (...) case for derecognition in some cases: derecognition, in particular, through the systematic deinstitutionalization or uncoupling of various reinforcing components of social institutions, components whose tight combination in one social institution has led to the misrecognition in the first place. I make the case through the example of recent United States debates over marriage, especially but not only with respect to gay marriage. I argue that the proper response to the misrecognition of sexual minorities embodied in exclusively heterosexual marriage codes is not affirmative recognition of lesbian and gay marriages, but rather the systematic derecognition of legal marriage as currently understood. I also argue that the systematic misrecognition of women that occurs under the contemporary institution of marriage would likewise best be addressed through legal uncoupling of heterogeneous social components embodied in the contemporary social institution of marriage. (shrink)

One of the reasons why there is no Hegelian school in contemporary ethics in the way that there are Kantian, Humean and Aristotelian schools is because Hegelians have been unable to clearly articulate the Hegelian alternative to those schools’ moral psychologies, i.e., to present a Hegelian model of the motivation to, perception of, and responsibility for moral action. Here it is argued that in its most basic terms Hegel's model can be understood as follows: the agent acts in a responsible (...) and thus paradigmatic sense when she identifies as reasons those motivations which are grounded in his or her talents and support actions that are likely to develop those talents in ways suggested by his or her interests. (shrink)

Contemporary philosophers and scientists have done much to expand our understanding of the structure and neural mechanisms of joint action. But the phenomenology of joint action has only recently become a live topic for research.One method of clarifying what is unique about the phenomenology of joint action is by considering the alternative perspective of agents subsumed in group action. By group action we mean instances of individual agents acting while embedded within a group agent, instead of with individual coordination. Paradigm (...) examples are educational bureaucracies, corporations, and nation states. There is a phenomenological difference between agents whose actions are subsumed within a group action as compared to agents who act jointly. Attending to this difference clarifies what is phenomenologically distinctive about joint action.Appealing to an Aristotelian account of agency and to the metaphysical concept of weak emergence, we argue that what makes paradigmatic group action distinctive is the relative inaccessibility, un-revisability, and evaluative simplicity of the group agent’s goal from the perspective of individual agents. This suggests that a distinctive feature of joint agency is the maintenance of a greater sense of individual agency. Put simply, joint agency is often experienced as an enhancement of the individuals’ agency precisely because our paradigmatic agential powers are extended intersubjectively as we act together. In contrast, group agency often involves a loss of the sense of agency, precisely because it is the emergent group agent that maintains the agential powers. (shrink)

Ted Sider has shown that my indeterminism argument for comparativist theories of quantity also applies to Mundy's absolutist theory. This is because Mundy's theory posits only "pure" relations, i.e. relations between values of the same quantity (between masses and other masses, or distances and other distances). It is straightforward to solve the problem by positing additional mixed relations.

A primary fault line in the analytic philosophy of action is the debate between causal/Davidsonian and interpretivist/Anscombian theories of action. The fundamental problem of the former is producing a criterion for distinguishing intentional from non-intentional causal chains; the fundamental problem of the latter is producing an account of the relation between reasons and actions that is represented by the ‘because’ in the claim that the agent acted because she had the reason. It is argued that Hegel’s conception of teleology can (...) be used to develop the interpretivist position by solving both its and the causal theory’s fundamental problems. (shrink)

This paper argues that, according to a specific conception of the ideals of constitutional democracy - deliberative democratic constitutionalism - the proper function of constitutional review is to ensure that constitutional procedures are protected and followed in the ordinary democratic production of law, since the ultimate warrant for the legitimacy of democratic decisions can only be that they have been produced according to procedures that warrant the expectation of increased rationality and reasonability. It also contends that three desiderata for the (...) institutionalization of the function of constitutional review follow from this conception: structural independence, democratic sensitivity and the maintenance of legal integrity. Finally, evaluating three broadly different ways of institutionalizing constitutional review - solely in appellate courts, in deliberative constitutional juries of ordinary citizens and in a combined system of constitutional courts and civic constitutional amendment fora - it argues that the third arrangement would perform best at collectively fulfilling the sometimes antithetical desiderata. (shrink)

Many philosophers in the analytic tradition have recently sought to explore the question of the meaning of life. In the first part of this paper I subject two important approaches from this tradition – those of John Cottingham and Susan Wolf - to criticism. I then suggest that Cottingham and Wolf articulate certain assumptions about the meaning of life that are widely shared amongst analytic philosophers. I go on to subject those assumptions to criticism and seek to develop an alternative (...) approach to the question, one that is largely overlooked in the contemporary literature. (shrink)

One of the most important elements of Hegel’s philosophical anthropology is his moral psychology. In particular, his understanding of the relation between motivations and reason plays a crucial intermediate role in connecting his anthropological meditations on the complete nature of the human being with his political theory of actualized freedom. Whereas recent important work on Hegel’s moral psychology has detected a Kantian distinction between natural desires and the rational perspective, the activity of practical reason actually takes place within motivations themselves (...) on Hegel’s view. The exercise of the free, rational will is best understood in terms of its role in shaping the experience of malleable, indeterminate motivations. Rather than stepping back, the free agent on Hegel’s account delves further into the motivation, acting on it in the dual sense of being guided by and transforming it. This is what it means for Hegel to conceive of agency as self-expression while maintaining the centrality of reason for Free Will. Hegel says that when we go further into the motivations in this way, we should stop speaking of motivation in terms of drives and instead begin speaking of character. (shrink)

My aim in this paper is to demonstrate that actual egalitarian social practices are unsustainable in most circumstances, thus diffusing Cohen’s conundrum by providing an ‘out’ for our rich egalitarian. I will also try to provide a balm for the troubles produced by continuing inequality, by showing how embracing a common conception of utopia can assist a society in its efforts towards establishing egalitarian practices. Doing so will first require an explanation of how giving, like any social practice, can be (...) thought of in terms of being externally suggested, internally willed, or some combination of the two. (shrink)

The evil God challenge is an argumentative strategy that has been pursued by a number of philosophers in recent years. It is apt to be understood as a parody argument: a wholly evil, omnipotent and omniscient God is absurd, as both theists and atheists will agree. But according to the challenge, belief in evil God is about as reasonable as belief in a wholly good, omnipotent and omniscient God; the two hypotheses are roughly epistemically symmetrical. Given this symmetry, thesis belief (...) in an evil God and belief in a good God are taken to be similarly preposterous. In this paper, we argue that the challenge can be met, suggesting why the three symmetries that need to hold between evil God and good God – intrinsic, natural theology and theodicy symmetries – can all be broken. As such, we take it that the evil God challenge can be met. (shrink)

This paper contributes to the growing literature in social epistemology of diagnosing the epistemically problematic features of fake news. I identify two novel problems: the problem of relevant alternatives; and the problem of the degradation of the epistemic environment. The former arises among individual epistemic transactions. By making salient, and thereby relevant, alternatives to knowledge claims, fake news stories threaten knowledge. The problem of the degradation of the epistemic environment arises at the level of entire epistemic communities. I introduce the (...) notion of an epistemic environment, roughly the totality of resources and circumstances relevant to assessing the epistemically interesting statuses, such as knowledge. Fake news degrades our epistemic environment by undermining confidence in epistemic institutions and altering epistemic habits, thereby making the environment less conducive to achieving positive epistemic statuses. This is problematic even if the decrease in confidence and the altering of habits are rational. I end by considering solutions to these problems, stressing the importance of reproaching each other for proliferating fake news. I argue that we should reproach even faultless purveyors of fake news. This is because fake news typically arises in abnormal epistemic contexts, where there is widespread ignorance of, and noncompliance with, correct epistemic norms. (shrink)

This paper examines three accounts of the sleeping beauty case: an account proposed by Adam Elga, an account proposed by David Lewis, and a third account defended in this paper. It provides two reasons for preferring the third account. First, this account does a good job of capturing the temporal continuity of our beliefs, while the accounts favored by Elga and Lewis do not. Second, Elga’s and Lewis’ treatments of the sleeping beauty case lead to highly counterintuitive consequences. The proposed (...) account also leads to counterintuitive consequences, but they’re not as bad as those of Elga’s account, and no worse than those of Lewis’ account. (shrink)

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized moral-political reasons (...) on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

This paper reconstructs Reid 's responses to regress arguments against the possibility of free will, highlighting the role played by long-term decisions in the explanation of paradigmatic free actions on Reid 's account. In addition to reconstructing Reid 's response to the two versions of the regress argument that he explicitly discusses, I also construct a Reidian response to Galen Strawson's contemporary version of the regress argument. The depth of Reid 's position is most apparent in the resources it provides (...) for responding to this sophisticated articulation of a traditional argument against freedom of the will. (shrink)

Serious actualism is the view that it is metaphysically impossible for an entity to have a property, or stand in a relation, and not exist. Fine (1985) and Pollock (1985) influentially argue that this view is false. In short, there are properties like the property of nonexistence, and it is metaphysically possible that some entity both exemplifies such a property and does not exist. I argue that such arguments are indeed successful against the standard formulation of serious actualism. However, I (...) also argue that we should distinguish a weaker formulation of serious actualism using the actualist distinction between truth in, and truth at, a possible world. This weaker formulation is then shown to be consistent with the existence and possible exemplification of properties like the property of nonexistence. I end with a novel argument for the truth of the weaker formulation. (shrink)

Recent work in democratic theory has seriously questioned the dominant pluralist model of self-government and recommended the adoption of a ‘deliberative’ conception of constitutional democracy. With this shift in basic political theory, the objection to judicial review, often voiced in jurisprudential theory, as an anti-democratic instance of paternalism merits another look. This paper argues that the significant differences between four recent theories of constitutional review—put forward by Ely, Perry, Dworkin, and Habermas—are best understood as arising from different positions taken on (...) two cross-cutting distinctions that have been inherited from Locke and Rousseau: democratic processes as aggregative versus deliberative, and democratic legitimacy as substantive versus procedural. A reconstruction and critical evaluation of the four theories of judicial review, with special emphasis on their underlying theories of constitutional democracy, yields a set of criteria for adequate accounts of democratic processes, democratic legitimacy, and their relation to judicial review. I argue that the best understanding of constitutional review is yielded by Habermas’s theory because it combines a conception of popular sovereignty in terms of the collective process of citizens’ deliberative attempt to institutionalize the general will through law, with a resolutely proceduralist conception of democratic legitimacy. However, I also argue that some of the specific proposals Habermas makes concerning the institutionalization of constitutional review in an independent, non-accountable judiciary and the scope of duties for such a body need to be modified in the light of his overriding commitments to participatory deliberative processes and procedural legitimacy. (shrink)

Where does entitlement to trust come from? When we trust someone to φ, do we need to have reason to trust them to φ or do we start out entitled to trust them to φ by default? Reductivists think that entitlement to trust always “reduces to” or is explained by the reasons that agents have to trust others. In contrast, anti-reductivists think that, in a broad range of circumstances, we just have entitlement to trust. even if we don’t have positive (...) reasons to do so. In this paper, we argue for a version of anti-reductivism. Roughly, we argue that we have default entitlement to trust someone to φ so long as there is an operative norm that requires S to φ. At least in such circumstances (and absent defeaters), we don’t need any positive reasons to trust S to φ. (shrink)

This paper argues that we should replace the common classification of theories of welfare into the categories of hedonism, desire theories, and objective list theories. The tripartite classification is objectionable because it is unduly narrow and it is confusing: it excludes theories of welfare that are worthy of discussion, and it obscures important distinctions. In its place, the paper proposes two independent classifications corresponding to a distinction emphasised by Roger Crisp: a four-category classification of enumerative theories (about which items constitute (...) welfare), and a four-category classification of explanatory theories (about why these items constitute welfare). (shrink)

Much of the philosophical literature on causation has focused on the concept of actual causation, sometimes called token causation. In particular, it is this notion of actual causation that many philosophical theories of causation have attempted to capture.2 In this paper, we address the question: what purpose does this concept serve? As we shall see in the next section, one does not need this concept for purposes of prediction or rational deliberation. What then could the purpose be? We will argue (...) that one can gain an important clue here by looking at the ways in which causal judgments are shaped by people‘s understanding of norms. (shrink)