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)

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

Aside from the systematic theory of recognition, Honneth’s work in the last decade has also centered around a less commented-upon theme: the critical social theoretic diagnosis of social pathologies. This paper claims first that his diverse diagnoses of specific social pathologies can be productively united through the conceptual structure evinced by second-order disorders, where there are substantial disconnects, of various kinds, between first-order contents and second-order reflexive understandings of those contents. The second major claim of the paper is that once (...) we understand social pathologies as second-order disorders, it becomes apparent that critical social theory must do more than accurately identify and explicate these disorders at the phenomenological and action-theoretic levels. It must further engage in insightful sociological explanations of the social causes of those pathologies in order to further the prognostic and therapeutic tasks implied by the aim of developing a social theory with emancipatory intent. The paper argues that the identificatory and explicative components of diagnostic social theory have been fulfilled by Honneth to a much greater degree than the latter components of explanation, prognosis and therapy. (shrink)

This chapter surveys hybrid theories of well-being. It also discusses some criticisms, and suggests some new directions that philosophical discussion of hybrid theories might take.

This paper explores what a Rule Consequentialist of Brad Hooker's sort can and should say about normative rea- sons for action. I claim that they can provide a theory of reasons, but that doing so requires distinguishing dif- ferent roles of rules in the ideal code. Some rules in the ideal code specify reasons, while others perform differ- ent functions. The paper also discusses a choice that Rule Consequentialists face about how exactly to specify rea- sons. It ends by comparing (...) the theory of reasons offered by Rule Consequentialism with the theory offered by Act Consequentialism, noting that Rule Consequentialism seems better able to explain moral constraints. (shrink)

Group-based reasons are reasons to play one’s part in some pattern of action that the members of some group could perform, because of the good features of the pattern. This paper discusses three broad conceptions of such reasons. According to the agency-first conception, there are no group-based reasons in cases where the relevant group is not or would not be itself an agent. According to the behaviour-first conception, what matters is that the other members of the group would play their (...) parts in the relevant pattern, not whether they would have the cooperative intentional states constitutive of group agency in doing so. This paper argues against these conceptions and in favour of the powers-first conception, according to which what matters is that the members of the group have practically relevant powers. (shrink)

For a variety of reasons, Hegel's theory of the estates remains an unexpected and unappreciated feature of his practical philosophy. In fact, it is the key element of his social philosophy, which grounds his more properly political philosophy. Most fundamentally, it plays this role because the estates provide the forms of visibility required by Hegel's distinctive theory of self-determination, and so the estates constitute conditions for the possibility of human agency as such. With respect to political agency in particular, this (...) ramifies into the view that the estates are social preconditions for legal and political practices, forms of political participation in their own right, and conditions of possibility of moderate government (three functions also attributed to the estates by Montesquieu). (shrink)

Many have claimed that legitimate constitutional democracy is either conceptually or practically impossible, given infinite regress paradoxes deriving from the requirement of simultaneously democratic and constitutional origins for legitimate government. This paper first critically investigates prominent conceptual and practical bootstrapping objections advanced by Barnett and Michelman. It then argues that the real conceptual root of such bootstrapping objections is not any specific substantive account of legitimacy makers, such as consent or democratic endorsement, but a particular conception of the logic of (...) normative standards—the determinate threshold conception—that the critic attributes to the putatively undermined account of legitimacy. The paper further claims that when we abandon threshold conceptions of the logic of legitimacy in favor of regulative-ideal conceptions, then the objections, from bootstrapping paradoxes to the very idea of constitutional democracy, disappear. It concludes with considerations in favor of adopting a more demanding conception of the regulative ideal of constitutional democracy, advanced by Habermas, focusing on potentials for developmental learning. (shrink)

What does social justice require in contemporary societies? What are the requirements of social democracy? Who and where are the individuals and groups that can carry forward agendas for progressive social transformation? What are we to make of the so-called new social movements of the last thirty years? Is identity politics compatible with egalitarianism? Can cultural misrecognition and economic maldistribution be fought simultaneously? What of the heritage of Western Marxism is alive and dead? And how is current critical social theory (...) to approach these and other questions? Much of the most productive work done in recent social theory has revolved around such issues, in particular, around those concerning the relationship between the politics of recognition and the politics of distribution. After the intense theoretical focus over the last fifteen years or so on the issues of recognition politics—multiculturalism, multi-nationalism, identity politics, group-differentiated rights, the accommodation of difference, and so on—some social theorists have worried that attention has been diverted from important issues of distributive equality—systematic impoverishment, increasing material inequality, ‘structural’ unemployment, the growth of oligarchic power, global economic segmentation, and so on. While some critics seem to have adopted a blunt ‘it’s the economy, stupid’ line of criticism,1 others have attempted to develop an overarching, integrative theoretical framework adequate to the diverse issues concerning both economic and cultural justice. For example, Axel Honneth proposes that a suitably developed and normatively robust theory of intersubjective recognition can adequately integrate an analysis of apparently diverse contemporary struggles: those for a just division of labor and hence, a fair distribution of resources and opportunities, as well as those for a culture free of identity-deforming disrespect and denigration. (shrink)

This article endorses a familiar, albeit controversial, argument for the existence of group-based reasons for action, but then rejects two doctrines which other advocates of such reasons usually accept. One such doctrine is the willingness requirement, which says that a group-based reason exists only if (sufficient) other members of the group in question are willing to cooperate. Thus the paper argues that there is sometimes a reason, which derives from the rationality of some group action, to play one's part unilaterally (...) in that group action. This seems implausible only because we tend wrongly to accept a second doctrine, monism about the unit of agency. Monism claims that, for any given deliberative problem, there is only one unit of agency to which reasons attach. If we are monists who believe in group-based reasons, the willingness requirement will seem necessary in order to avoid recklessness. We should reject monism, and if we do so we can recognise genuine conflict between individual-based and group-based reasons, and in doing so we can explain, without endorsing the willingness requirement, why we should not act recklessly. (shrink)

We best understand Rule Consequentialism as a theory of pattern-based reasons, since it claims that we have reasons to perform some action because of the goodness of the pattern consisting of widespread performance of the same type of action in the same type of circumstances. Plausible forms of Rule Consequentialism are also pluralist, in the sense that, alongside pattern-based reasons, they recognise ordinary act-based reasons, based on the goodness of individual actions. However, Rule Consequentialist theories are distinguished from other pluralist (...) theories of pattern-based reasons by implausible claims about the relative importance of act-based and pattern-based reasons in different cases. Rule Consequentialists should give up these claims. They should either embrace some other pluralist pattern-based view, or reject pattern-based reasons altogether. Note, though, that these arguments apply only to compliance-based, rather than acceptance-based, versions of Rule Consequentialism. This suggests that these two kinds of theory are more different from each other than we might previously have realised. (shrink)

This article proposes a way of understanding Kantianism, act-utilitarianism and some other important ethical theories according to which they are all versions of the same kind of theory, sharing a common structure. I argue that this is a profitable way to understand the theories discussed. It is charitable to the theories concerned; it emphasizes the common ground between them; it gives us insights into the differences between them; and it provides a method for generating new ethical theories worth studying. The (...) article briefly discusses the relationship between these ideas and some other recent proposals that emphasize the common ground between Kantianism and versions of consequentialism. (shrink)

Consequentialist theories often neglect reasons for action. They offer theories of the rightness or the goodness of actions, or of virtue, but they typically do not include theories of reasons. However, consequentialists can give plausible accounts of reasons. This chapter examines some different ways in which such accounts might be developed, focusing on Act Consequentialism and Rule Consequentialism and on the relationship between reasons and rightness. It notes that adding claims about reasons to consequentialist theories may introduce a welcome kind (...) of complexity, and in doing so may help to make consequentialist approaches to ethics more appealing. For example, it may help consequentialists to explain the ideas of moral constraints and moral options. (shrink)

Do famous athletes have special obligations to act virtuously? A number of philosophers have investigated this question by examining whether famous athletes are subject to special role model obligations (Wellman 2003; Feezel 2005; Spurgin 2012). In this paper we will take a different approach and give a positive response to this question by arguing for the position that sport and gaming celebrities are ‘ambassadors of the game’: moral agents whose vocations as rule-followers have unique implications for their non-lusory lives. According (...) to this idea, the actions of a game’s players and other stakeholders—especially the actions of its stars—directly affect the value of the game itself, a fact which generates additional moral reasons to behave in a virtuous manner. We will begin by explaining the three main positions one may take with respect to the question: moral exceptionalism, moral generalism, and moral exemplarism. We will argue that no convincing case for moral exemplarism has thus far been made, which gives us reason to look for new ways to defend this position. We then provide our own ‘ambassadors of the game’ account and argue that it gives us good reason to think that sport and game celebrities are subject to special obligations to act virtuously. (shrink)

Are we witnessing progress or regress in the recent increasing popularity and electoral success of populist politicians and parties in consolidated democratic nations? ... Is the innovative use of popular referendum in Great Britain to settle fundamental constitutional questions a progressive or regressive innovation? ... Similarly, is the increasing use of constituent assemblies to change constitutions across the world evidence of progress in democratic constitutionalism, or, a worryingly regressive change back toward unmediated popular majoritarianism? ... This paper reflects on some (...) of the perils and promise of framing such questions with the conceptual couplet of progress and regress. It considers four compelling critiques of the use of ‘progress’ and its cognates in sociopolitical theory, as well as arguing that such concepts are nevertheless ineliminable for our normative theories. The paper concludes by suggesting that we can avoid the most serious problems by employing only conceptions of political progress and regress that are piecemeal, pragmatic, and processual. (shrink)

This paper develops a normative framework for both conceptualizing and assessing various institutional possibilities for democratic modes of constitutional change, with special attention to the recent ferment of constitutional experimentation. The paper’s basic methodological orientation is interdisciplinary, combining research in comparative constitutionalism, political science and normative political philosophy. In particular, it employs a form of normative reconstruction: attempting to glean out of recent institutional innovations the deep political ideals such institutions embody or attempt to realize. Starting from the assumption that (...) contemporary constitutional democracies are attempting to realize the broader ideals of deliberative democratic constitution (ideals outlined briefly in the first section), the paper proposes an evaluative framework, comprised of six criteria, for assessing various mechanisms of constitutional change. It argues that democratic forms of constitutional change embody six distinct ideals—operationalizability, structural independence, democratic co-authorship, political equality, inclusive sensitivity, and reasons-responsiveness—and that these ideals can be used to gauge the normative worth of different mechanisms for carrying out such change. The framework is developed with reference to recent constitutional developments (e.g., in Venezuela, South Africa, Columbia, Bolivia, and Iceland) highlighting distinct criteria and showing how they appear to capture the general direction of institutional innovation. The paper conjectures that the set of six criteria yield the best normative reconstruction of the crucial ideals embodied in the constitutional change mechanisms of contemporary constitutional democracies, and so, ought to be used for purposes of evaluating institutional design proposals. (shrink)

The question of whether cognition can influence perception has a long history in neuroscience and philosophy. Here, we outline a novel approach to this issue, arguing that it should be viewed within the framework of top-down information-processing. This approach leads to a reversal of the standard explanatory order of the cognitive penetration debate: we suggest studying top-down processing at various levels without preconceptions of perception or cognition. Once a clear picture has emerged about which processes have influences on those at (...) lower levels, we can re-address the extent to which they should be considered perceptual or cognitive. Using top-down processing within the visual system as a model for higher-level influences, we argue that the current evidence indicates clear constraints on top-down influences at all stages of information processing; it does, however, not support the notion of a boundary between specific types of information-processing as proposed by the cognitive impenetrability hypothesis. (shrink)

Rather than approaching the question of the constructive or therapeutic character of Hegel’s Logic through a global consideration of its argument and its relation to the rest of Hegel’s system, I want to come at the question by considering a specific thread that runs through the argument of the Logic, namely the question of the proper understanding of power or control. What I want to try to show is that there is a close connection between therapeutic and constructive elements in (...) Hegel’s treatment of power. To do so I will make use of two deep criticisms of Hegel’s treatment from Michael Theunissen. First comes Theunissen’s claim that in Hegel’s logical scheme, reality is necessarily dominated by the concept rather than truly reciprocally related to it. Then I will consider Theunissen’s structurally analogous claim that for Hegel, the power of the concept is the management of the suppression of the other. Both of these claims are essentially claims about the way in which elements of the logic of reflection are modified and yet continue to play a role in the logic of the concept. (shrink)

Our reception of Hegel’s theory of action faces a fundamental difficulty: on the one hand, that theory is quite clearly embedded in a social theory of modern life, but on the other hand most of the features of the society that gave that embedding its specific content have become almost inscrutably strange to us (e.g., the estates and the monarchy). Thus we find ourselves in the awkward position of stressing the theory’s sociality even as we scramble backwards to distance ourselves (...) from the particular social institutions that gave conceptualized form to such sociality in Hegel’s own opinion. My attempt in this article is to make our position less awkward by giving us at least one social-ontological leg to stand on. Specifically, I want to defend a principled and conceptual pluralism as forming the heart of Hegel’s theory of action. If this view can be made out, then we will have a social-ontological structure that might be filled out in different ways in Hegel’s time and our own while simultaneously giving real teeth to the notion that Hegel’s theory of action is essentially social. (shrink)

The paper argues that an account of understanding should take the form of a Carnapian explication and acknowledge that understanding comes in degrees. An explication of objectual understanding is defended, which helps to make sense of the cognitive achievements and goals of science. The explication combines a necessary condition with three evaluative dimensions: An epistemic agent understands a subject matter by means of a theory only if the agent commits herself sufficiently to the theory of the subject matter, and to (...) the degree that the agent grasps the theory (i.e., is able to make use of it), the theory answers to the facts and the agent’s commitment to the theory is justified. The threshold for outright attributions of understanding is determined contextually. The explication has descriptive as well as normative facets and allows for the possibility of understanding by means of non-explanatory (e.g., purely classificatory) theories. (shrink)

Value capture occurs when an agent’s values are rich and subtle; they enter a social environment that presents simplified — typically quantified — versions of those values; and those simplified articulations come to dominate their practical reasoning. Examples include becoming motivated by FitBit’s step counts, Twitter Likes and Re-tweets, citation rates, ranked lists of best schools, and Grade Point Averages. We are vulnerable to value capture because of the competitive advantage that such crisp and clear expressions of value have in (...) our private reasoning and our public justification. There is, however, a price. In value capture, we take a central component of our autonomy — our ongoing deliberation over the exact articulation of our values — and we outsource it. And the metrics to which we outsource usually engineered for the interests of some external force, like a large-scale institution’s interest in cross-contextual comprehensibility and quick aggregability. That outsourcing cuts off one of the key benefits to personal deliberation. In value capture, we no longer adjust our values and their articulations in light of own rich experience of the world. Our values should often be carefully tailored to our particular selves or our small-scale communities, but in value capture, we buy our values off the rack. In some cases – like decreasing CO2 emissions – the costs of non-tailored values are outweighed by the benefit of precise collective coordination. In other cases, like in our aesthetic lives, they are not. This suggests that we should want different values suited to different scales. We should want value federalism. Some values are perhaps best pursued at the largest-scale level, others at smaller scales. The problem occurs when we exhibit an excess preference for the largest-scale values – when we consistently let the universal metrics swamp our quieter interests. (shrink)

Interactions between an intelligent software agent and a human user are ubiquitous in everyday situations such as access to information, entertainment, and purchases. In such interactions, the ISA mediates the user’s access to the content, or controls some other aspect of the user experience, and is not designed to be neutral about outcomes of user choices. Like human users, ISAs are driven by goals, make autonomous decisions, and can learn from experience. Using ideas from bounded rationality, we frame these interactions (...) as instances of an ISA whose reward depends on actions performed by the user. Such agents benefit by steering the user’s behaviour towards outcomes that maximise the ISA’s utility, which may or may not be aligned with that of the user. Video games, news recommendation aggregation engines, and fitness trackers can all be instances of this general case. Our analysis facilitates distinguishing various subcases of interaction, as well as second-order effects that might include the possibility for adaptive interfaces to induce behavioural addiction, and/or change in user belief. We present these types of interaction within a conceptual framework, and review current examples of persuasive technologies and the issues that arise from their use. We argue that the nature of the feedback commonly used by learning agents to update their models and subsequent decisions could steer the behaviour of human users away from what benefits them, and in a direction that can undermine autonomy and cause further disparity between actions and goals as exemplified by addictive and compulsive behaviour. We discuss some of the ethical, social and legal implications of this technology and argue that it can sometimes exploit and reinforce weaknesses in human beings. (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)

This article presents the first thematic review of the literature on the ethical issues concerning digital well-being. The term ‘digital well-being’ is used to refer to the impact of digital technologies on what it means to live a life that is good for a human being. The review explores the existing literature on the ethics of digital well-being, with the goal of mapping the current debate and identifying open questions for future research. The review identifies major issues related to several (...) key social domains: healthcare, education, governance and social development, and media and entertainment. It also highlights three broader themes: positive computing, personalised human–computer interaction, and autonomy and self-determination. The review argues that three themes will be central to ongoing discussions and research by showing how they can be used to identify open questions related to the ethics of digital well-being. (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 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)

This article presents the first thematic review of the literature on the ethical issues concerning digital well-being. The term ‘digital well-being’ is used to refer to the impact of digital technologies on what it means to live a life that isgood fora human being. The review explores the existing literature on the ethics of digital well-being, with the goal of mapping the current debate and identifying open questions for future research. The review identifies major issues related to several key social (...) domains: healthcare, education, governance and social development, and media and entertainment. It also highlights three broader themes: positive computing, personalised human–computer interaction, and autonomy and self-determination. The review argues that three themes will be central to ongoing discussions and research by showing how they can be used to identify open questions related to the ethics of digital well-being. (shrink)

Most philosophers writing on meaning in life agree that it is a distinct kind of final value. This consensus view has two components: the ‘final value claim’ that meaning in life is a kind of final value, and the ‘distinctness claim’ that it is distinct from all other kinds of final value. This paper discusses some difficulties in vindicating both claims at once. One way to underscore the distinctness of meaning, for example, is to retain a feature of our pretheoretical (...) concept of meaning in life, according to which the least possible quantity of meaning is meaninglessness. Unfortunately, this makes it harder to defend the claim that meaning is a kind of final value. On the other hand, revising the concept to allow for negative meaning renders meaning closer in structure to other kinds of final value, but also makes it harder to defend the distinctness claim. In light of these difficulties, the paper explores the prospects of a theory of meaning in life which departs from the consensus view by rejecting the final value claim. On such a view, the value of meaning in life is entirely instrumental. (shrink)

There are a number of questions, the answers to which define specific theoretical approaches to Hegel’s philosophy of action. To begin with, does Hegel attempt to give a theory of free will that responds to the naturalistic skepticism so prevalent in the history of modern philosophy? Though some scholars hold that he is interested in providing such a theory, perhaps the majority view is that Hegel instead socializes his conception of the will such that the traditional naturalistic worries are no (...) longer germane.1 A second question is: does Hegel have a theory of action as such that competes with those found in the history of modern philosophy and more particularly in the Anglophone literature from the mid-20th century onwards? Though perhaps the majority view is that Hegel does have such a theory of action, it is commonly held to be independent of any commitments to a conception of free will, and to take a form radically different from the other offerings in the literature in virtue of introducing and essentially retrospective rather than prospective relation between the agent and her action. (shrink)

Since Shelly Kagan pointed out the relative neglect of ill-being in philosophical discussions, several philosophers have contributed to an emerging literature on its constituents. In doing so, they have explored possible asymmetries between the constituents of ill-being and the constituents of positive well-being. This paper explores some possible asymmetries that may arise elsewhere in the philosophy of ill-being. In particular, it considers whether there is an asymmetry between the contribution made to prudential value by equal quantities of goods and bads. (...) It then considers a similar question about the contributions made to moral value by equal quantities of ill-being and positive well-being. The paper explores some of the difficulties involved in assessing these questions. It ends by considering broader differences, both practical and theoretical, between the significance of ill-being and of positive well-being. (shrink)

We explore the question of whether machines can infer information about our psychological traits or mental states by observing samples of our behaviour gathered from our online activities. Ongoing technical advances across a range of research communities indicate that machines are now able to access this information, but the extent to which this is possible and the consequent implications have not been well explored. We begin by highlighting the urgency of asking this question, and then explore its conceptual underpinnings, in (...) order to help emphasise the relevant issues. To answer the question, we review a large number of empirical studies, in which samples of behaviour are used to automatically infer a range of psychological constructs, including affect and emotions, aptitudes and skills, attitudes and orientations (e.g. values and sexual orientation), personality, and disorders and conditions (e.g. depression and addiction). We also present a general perspective that can bring these disparate studies together and allow us to think clearly about their philosophical and ethical implications, such as issues related to consent, privacy, and the use of persuasive technologies for controlling human behaviour. (shrink)

G. A. Cohen’s discussion of the incentives argument for inequality has made an important contribution to our understanding of the normative theory of justice. The incentives argument is particularly difficult for egalitarians to rebut, yet Cohen seeks to show how egalitarians can mount a general defence against it. This paper argues that Cohen’s critique has so far been construed too narrowly, and that this has resulted in the mistaken impression that his critique stands or falls with the refutation of the (...) so-called basic structure objection. I explain Cohen’s argument and the objection, and I explain why I think his critique is invulnerable to this objection if it is construed in a different way. I also point out that this critique, if construed this way, has much wider implications than is usually thought, applying not only to the incentives argument, or even to arguments about justice, but to most arguments in ideal theory. (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)

Activist artists often face a difficult question: is striving to change the world undermined when pursued through difficult and experimental artistic means? Looking closely at Adrian Piper's 'Four Intruders plus Alarm Systems' (1980), I will consider why this is an important concern for activist art, and assess three different responses in relation to Piper’s work. What I call the conciliatory stance recommends that when activist artists encounter misunderstanding, they should downplay their experimental artistry in favor of fitting their work to (...) their audience's appreciative capacities. What I call the steadfast stance recommends that activist artists have reason to use their privilege of artistic exceptionalism to challenge their audience's expectations, even if this leads to misunderstanding. I claim that a middle position that I call liberal conciliation best balances the demands for actual change placed on activism and the experimental means that artists bring to activism. (shrink)

Nach Reinhart Koselleck nennen Historiker die Periode der deutschen Geschichte zwischen 1770 und 1830 ‚die Sattelzeit‘. So wird diese Periode mit einem Bergsattel verglichen, der zwei Gipfel miteinander verbindet, die hier für die frühe Neuzeit und die Moderne stehen. Überall in Deutschland ist diese Periode von tiefgreifenden Reformen der Gesetze und der Verwaltung geprägt. Im Folgenden beschränke ich mich in meiner Darlegung auf Preußen, weil das Preußische Allgemeine Landrecht von 1794 wahrscheinlich das wichtigste Dokument war, durch das diese Reformen in (...) historischer Perspektive begriffen werden können. (shrink)

The thesis of this paper is that utopianism is a theoretical necessity—we couldn’t, for example, engage in normative political philosophy without it—and, further, that in consciously embracing utopianism we will consequently experience an enrichment of our political lives. Thus, the title of my paper has a double meaning: it highlights the fact that utopianism always plays a normative role in political philosophy, as its concern is inevitably the promotion of a certain vision of the good life; and secondly it suggests (...) that there normatively ‘ought to be’ a recognized and respectable role for utopianism within political philosophy. The first meaning, I believe, is self-explanatory. Regarding the second, it expresses my hope to— in short— take what is old, and through a modest process of rehabilitation, make it new again. (shrink)

This paper critically evaluates institution reconstructing critique—the central methodological strategy employed by Axel Honneth in his latest book Freedom’s Right designed to articulate and justify the normative standards employed by a critical theory of the present. It begins by considering, at a general level, the promises and limits of three ideal-typical normative methodologies of social critique: first principles critique, intuition refining critique, and institution reconstructing critique. It then turns to the details of Honneth’s history and diagnosis of market spheres of (...) society as one key example of institution reconstruction critique. This leads to a consideration of some challenges facing this kind of critique, paying particular attention to problems posed by alternative reconstructions of the same data. It argues, in particular, that there is a troubling indeterminacy in this reconstruction, since alternative teleologies yield substantively different normative analyses of capitalism, and hence substantively different social critiques. In conclusion, the paper suggests some methodological remedies which might need to be adopted in order to make good on the promise of institution reconstructing critique while avoiding some of its most challenging problems. (shrink)

Recognizing that truth is socially constructed or that knowledge and power are related is hardly a novelty in the social sciences. In the twenty-first century, however, there appears to be a renewed concern regarding people’s relationship with the truth and the propensity for certain actors to undermine it. Organizations are highly implicated in this, given their central roles in knowledge management and production and their attempts to learn, although the entanglement of these epistemological issues with business ethics has not been (...) engaged as explicitly as it might be. Drawing on work from a virtue epistemology perspective, this paper outlines the idea of a set of epistemic vices permeating organizations, along with examples of unethical epistemic conduct by organizational actors. While existing organizational research has examined various epistemic virtues that make people and organizations effective and responsible epistemic agents, much less is known about the epistemic vices that make them ineffective and irresponsible ones. Accordingly, this paper introduces vice epistemology, a nascent but growing subfield of virtue epistemology which, to the best of our knowledge, has yet to be explicitly developed in terms of business ethics. The paper concludes by outlining a business ethics research agenda on epistemic vice, with implications for responding to epistemic vices and their illegitimacy in practice. (shrink)

One of the most historically recent and damaging blows to the reputation of utopianism came from its association with the totalitarian regimes of Hitler’s Third Reich and Mussolini’s Fascist party in World War II and the prewar era. Being an apologist for utopianism, it seemed to some, was tantamount to being an apologist for Nazism and all of its concomitant horrors. The fantasy principle of utopia was viewed as irretrievably bound up with the irrationalism of modern dictatorship. While these conclusions (...) are somewhat understandable given the broad strokes that definitions of utopia are typically painted with, I will show in this paper that the link between the mythos of fascism and the constructs of utopianism results from an unfortunate conflation at the theoretical level. The irrationalism of any mass ethos and the rationalism of the thoughtful utopian planner are, indeed, completely at odds with each other. I arrive at this conclusion via an analysis of the concepts of myth and narrative, and the relationships these have with the concept of utopia. (shrink)

This paper discusses the roles of responsibility and desert in egalitarian theories of justice. It contrasts two main views of their relationship with justice: one according to which what justice requires depends on what people deserve (or are responsible for), and the other according to which what people deserve (or are responsible for) depends on what justice requires. The paper discusses how to interpret Rawls's remarks on desert in light of this distinction.

This paper examines the debate between permissive and impermissive forms of Bayesianism. It briefly discusses some considerations that might be offered by both sides of the debate, and then replies to some new arguments in favor of impermissivism offered by Roger White. First, it argues that White’s (Oxford studies in epistemology, vol 3. Oxford University Press, Oxford, pp 161–186, 2010) defense of Indifference Principles is unsuccessful. Second, it contends that White’s (Philos Perspect 19:445–459, 2005) arguments against permissive views do not (...) succeed. (shrink)

Representation theorems are often taken to provide the foundations for decision theory. First, they are taken to characterize degrees of belief and utilities. Second, they are taken to justify two fundamental rules of rationality: that we should have probabilistic degrees of belief and that we should act as expected utility maximizers. We argue that representation theorems cannot serve either of these foundational purposes, and that recent attempts to defend the foundational importance of representation theorems are unsuccessful. As a result, we (...) should reject these claims, and lay the foundations of decision theory on firmer ground. (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)

Ectogestation involves the gestation of a fetus in an ex utero environment. The possibility of this technology raises a significant question for the abortion debate: Does a woman’s right to end her pregnancy entail that she has a right to the death of the fetus when ectogestation is possible? Some have argued that it does not Mathison & Davis. Others claim that, while a woman alone does not possess an individual right to the death of the fetus, the genetic parents (...) have a collective right to its death Räsänen. In this paper, I argue that the possibility of ectogestation will radically transform the problem of abortion. The argument that I defend purports to show that, even if it is not a person, there is no right to the death of a fetus that could be safely removed from a human womb and gestated in an artificial womb, because there are competent people who are willing to care for and raise the fetus as it grows into a person. Thus, given the possibility of ectogestation, the moral status of the fetus plays no substantial role in determining whether there is a right to its death. (shrink)

In his paper, Jakob Hohwy outlines a theory of the brain as an organ for prediction-error minimization, which he claims has the potential to profoundly alter our understanding of mind and cognition. One manner in which our understanding of the mind is altered, according to PEM, stems from the neurocentric conception of the mind that falls out of the framework, which portrays the mind as “inferentially-secluded” from its environment. This in turn leads Hohwy to reject certain theses of embodied cognition. (...) Focusing on this aspect of Hohwy’s argument, we first outline the key components of the PEM framework such as the “evidentiary boundary,” before looking at why this leads Hohwy to reject certain theses of embodied cognition. We will argue that although Hohwy may be correct to reject specific theses of embodied cognition, others are in fact implied by the PEM framework and may contribute to its development. We present the metaphor of the “body as a laboratory” in order to highlight wha... (shrink)

This chapter is a critical review of Amy Allen's book The Politics of Our Selves. It briefly reconstructs some of the book's impressive achievements: articulating a synthetic account of gendered subjectivity that accounts for both subjection and autonomy; imaginatively integrating poststructuralist and communicative theories; and, furthering important new interpretations of Butler, Foucault, and Habermas. It also raises critical concerns about Allen's project: her specific conception of autonomy and its justification; her suspicions of the notion of historical progress; her psychological explanation (...) of the continuing power of pernicious norms of gendered subjectivity; the usefulness of psychoanalysis for critical social theory; and, the role of cultural, structural, and materialist explanations and political strategies. (shrink)