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 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)

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)

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)

This paper examines the idea of an extended unit of action, which is the idea that the reasons for or against an individual action can depend on the qualities of a larger pattern of action of which it is a part. One concept of joint action is that the unit of action can be extended in this sense. But the idea of an extended unit of action is surprisingly minimal in its commitments. The paper argues for this conclusion by examining (...) uses of the idea of an extended unit of action in four theoretical contexts. It also explains why the idea of an extended unit of action need not involve magical thinking, and discusses possible replies to an objection based on a worry about recklessness. (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)

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)

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)

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)

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.

Aus dem vielfältigen Werk von Hermann von Helmholtz versammelt diese Ausgabe die im engeren Sinne philosophischen Abhandlungen, vor allem zur Wissenschaftsphilosophie und Erkenntnistheorie, sowie Vorträge und Reden, bei denen der Autor seine Ausnahmestellung im Wissenschaftsbetrieb nutzte, um die Wissenschaften und ihre Institutionen in der bestehenden Form zu repräsentieren und zu begründen. Ein Philosoph wollte Helmholtz nicht sein, aber er legte der philosophischen Reflexion wissenschaftlicher Erkenntnis und wissenschaftlichen Handelns große Bedeutung bei. Vor allem bezog er, in der Regel ausgehend von seinen (...) fachwissenschaftlichen Forschungen, in den verschiedensten Kontexten zu erkenntnistheoretischen und methodologischen Problemen der Wissenschaften Stellung. Bereits »Ueber die Erhaltung der Kraft« (1847) lässt erkennen, wie verwoben naturwissenschaftliche Grundlagenforschung und philosophische Grundlagenreflexion in seinem Werk sind. Die aus den frühen sinnesphysiologischen Forschungen hervorgegangene empiristische Wahrnehmungslehre trug ihm den Ruf ein, ein maßgeblicher Vertreter des Neukantianismus zu sein. Spätere Arbeiten v.a. zur Geometrie und Arithmetik – das zeigt die vorliegende Ausgabe – stellen jedoch eine radikale Absage an den konstitutiven Kern des Kantianismus (nämlich die Existenz synthetischer Urteile a priori) dar. Helmholtz’ philosophische Beiträge sind bisher in ihrer Vollständigkeit nicht annähernd so gut zugänglich wie sein naturwissenschaftliches Werk. Die Ausgabe enthält außerdem bibliographische Vorberichte zur Einordnung, detaillierte Namens- und Sachregister sowie mit 575 Einträgen für den Zeitraum zwischen 1842 und 2012 die erste umfassende Bibliographie von Helmholtz verfasster Werke überhaupt. »Ich glaube, dass der Philosophie nur wieder aufzuhelfen ist, wenn sie sich mit Ernst und Eifer der Untersuchung der Erkenntnissprocesse und der wissenschaftlichen Methode zuwendet. Da hat sie eine wirkliche und berechtigte Aufgabe.« Helmholtz in einem Brief um 1875. (shrink)

A phenomenological turn has occurred in contemporary philosophy of mind. Some philosophers working on the nature of intentionality and consciousness have turned away from views that construe the basic ingredients of intentionality in terms of naturalistic tracking relations that hold between thinkers and external conditions in their environment in favor of what has been called the “Phenomenal Intentionality Theory” (PIT). According to PIT, all “original” intentionality is either identical to or partly grounded in phenomenal consciousness. A central claim for PIT (...) is the inseparatism thesis, which asserts that the phenomenal and the intentional are inseparable. In this article, I will situate this thesis within a methodological context I call “analytic phenomenology” and then show why proponents of PIT should take seriously our phenomenology of temporal experience. But I am not aiming to disprove PIT or defend it against views of intentionality that reject inseparatism. Rather, I want to understand what PIT says and how to approach the view, assuming that our goal is to test the theory using the assumptions and methods endorsed by proponents of the theory. (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)

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)

Although existing work draws attention to a range of obstacles in realizing fair AI, the field lacks an account that emphasizes how these worries hang together in a systematic way. Furthermore, a review of the fair AI and philosophical literature demonstrates the unsuitability of ‘treat like cases alike’ and other intuitive notions as conceptions of fairness. That review then generates three desiderata for a replacement conception of fairness valuable to AI research: (1) It must provide a meta-theory for understanding tradeoffs, (...) entailing that it must be flexible enough to capture diverse species of objection to decisions. (2) It must not appeal to an impartial perspective (neutral data, objective data, or final arbiter.) (3) It must foreground the way in which judgments of fairness are sensitive to context, i.e., to historical and institutional states of affairs. We argue that a conception of fairness as appropriate concession in the historical iteration of institutional decisions meets these three desiderata. On the basis of this definition, we organize the insights of commentators into a process-structure map of the ethical territory that we hope will bring clarity to computer scientists and ethicists analyzing Fair AI while clearing some ground for further technical and philosophical work. (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)

In lieu of an abstract, here is a brief excerpt of the content:BENEDICT, THOMAS, OR AUGUSTINE? THE CHARACTER OF MACINTYRE'S NARRATIVE CHRISTOPHER J. THOMPSON University of St. Thomas St. Paul, Minnesota Introduction I N HIS Three Rival Versions of Moral Enquiry1 Alasdair Macintyre continues (with certain modifications) in a similar trajectory established in two earlier works, After Virtue and Whose Justice? Which Rationality? Against postEnlightenment portraits of moral reasoning, he consistently defends a conception of practical rationality which entails the (...) recognition of tradition, authority, and narrative as constitutive components of any rationally determined moral enquiry. Despite the consistent appeal to tradition, there is a significant development within Macintyre's reflections regarding the pre-eminent resources we are to draw upon. At the end of After Virtue we are asked to await a "doubtless very different" St. Benedict. In Whose Justice? Which Rationality? the Thomistic tradition emerges as the superior form of moral enquiry. While Thomism maintains a pre-eminence in Three Rival Versions of Moral Enquiry, I suggest that there is an increasingly Augustinian element emerging within his analysis and that this dimension underlies Macintyre's efforts in ways not previously specified. There is a warrant, then, for seeing within Augustine's efforts the paradigmatic "narrative form of moral enquiry." 1Alasdair Macintyre, Three Rival Versions of Moral Enquiry (Notre Dame: University of Notre Dame Press, 1990). Hereafter RV. 379 380 CHRISTOPHER J. THOMPSON That Augustine figures in Macintyre's reception of the Thomistic tradition is not necessarily striking, for part of what fuels Macintyre's increasing enthusiasm for St. Thomas is precisely the latter's capacity to draw upon the best of the Augustinian tradition of enquiry. Beyond what Macintyre himself has overtly recognized as Augustine's contribution to the thought of St. Thomas, however, I suggest that elements of Augustine's thought directly influence much of Macintyre 's own attempts at restoring a kind of tradition-guided enquiry. This Augustinian strain, moreover, not only serves to highlight features of Macintyre's analysis of Thomism, but also brings to light certain theological presuppositions essential to the kind of moral enquiry Macintyre hopes to retrieve. The character of Macintyre's narrative, then, leads us to St. Augustine. In After Virtue it is largely the Aristotelian tradition of enquiry which he defends against rival post-Enlightenment theories of morality. He argues that the analytic, linguistic, and phenomenological tools brought to bear upon the task of formulating a coherent conception of the moral life and moral enquiry have failed miserably, principally for two reasons. The first is that such contemporary efforts have neglected to realize that moral enquiry is embedded in a broader context of social practices, practices which are inevitably historically conditioned; thus a failure to recognize the historically situated character of moral enquiry distorts that account. The second reason is related to the first in that failure to acknowledge the historical character of such enquiry has resulted in a failure to recognize that much of our contemporary terms and tools of moral analysis are remnants from previous contexts of enquiry which are no longer mutually agreed upon nor recognized as relevant.' What has been lost, among other things, is the teleological metaphysics which serves as the context for nearly two millennia in the West. Uproot the stock of ethical norms from this tradition 2 For this notion of "moral remnants" surviving beyond the historical contexts in which they emerge, see Alasdair Macintyre, "Ought," Chapter 15 in Against the Self Images ofthe Age (New York: Schocken Books, 1971), 136-156, though in a different context and with very different effect. THE CHARACTER OF MACINTYRE 'S NARRATIVE 381 of enquiry and what remains is simply an amalgam of unrelated moral demands-some divinely sanctioned, some rooted in the passions, some the outburst of emotive whimsy-yet all lacking any coherent exposition.' The only hope is to retrieve something of the Aristotelian tradition of moral enquiry in which the notion of the virtues and the virtuous human person entails a conception of the moral life as bearing a narrative unity, a teleologically ordered whole in which one's actions bear an intrinsic unity and significance to the extent they complement one's telos. The narrative unity ascribed to the living of the good life is... (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)

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)

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)

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)

In this paper, I consider the role of perspective in Hegel’s metaphysics, and in particular the role that multiple perspectives play within the ultimate structure in Hegel’s metaphysics, which Hegel calls ‘the idea [die Idee].’ My (somewhat anachronistic) way into this topic will be to inquire about Hegel’s stance on what Adrian Moore has called ‘absolute representations.’ I argue for the claim that perspective is maintained, even in the absolute idea, which generates the task of understanding the nature of that (...) perspective and its compatibility with absoluteness. I attempt to accomplish this task by asking what a logical perspective could be, and how it might be related to visual perspective. Then I inquire into the relation that perspectives have to each other, i.e., to the system of perspectives. I construe those relations in reciprocal and dynamic terms, so that absoluteness takes the form of a structured round of perspectives rather than a relation to reality “once and for all”. (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)

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 connects two ideas. The first is that some common responses to ethical views are responses to their degrees of pragmatism, where a view’s degree of pragmatism is its sensitivity to ethically relevant changes in the actor’s circumstances. I claim that we feel the pull of opposing pro-pragmatic and antipragmatic intuitions in certain cases. This suggests a project, of searching for an ethical view capable of doing justice to these opposing intuitions in some way. The second central idea is (...) that a theory of pattern-based reasons looks more promising than the obvious alternatives to fulfil this role, amongst Teleological theories at least. Pattern-based reasons are reasons to perform some action because of the goodness or rightness of a larger pattern of action—such as a pattern that a group could perform or that the actor could perform over an extended period—of which the immediate action is a mere part. Existing theories of such reasons share two features that prevent them explaining the intuitions we wish to explain: they consider only one pattern at a time (they are monist), and they treat patterns as eligible only if the agents concerned are willing to realise them (they accept the Willingness Requirement). But we need not accept these doctrines. Moreover, a theory of patternbased reasons without them is able to explain the pro- and anti-pragmatic intuitions in an elegant way, and has other attractive features. (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)

The Realist that investigates questions of ontology by appeal to the quantificational structure of language assumes that the semantics for the privileged language of ontology is externalist. I argue that such a language cannot be (some variant of) a natural language, as some Realists propose. The flexibility exhibited by natural language expressions noted by Chomsky and others cannot obviously be characterized by the rigid models available to the externalist. If natural languages are hostile to externalist treatments, then the meanings of (...) natural language expressions serve as poor guides for ontological investigation, insofar as their meanings will fail to determine the referents of their constituents. This undermines the Realist’s use of natural languages to settle disputes in metaphysics. (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)

My dissertation puts forward a critique of the phenomenal intentionality theory (PIT). According to standard accounts of PIT, all genuine intentionality is either identical to or partly grounded in phenomenal consciousness. I argue that it is a conceptually significant mistake to construe conscious experiences in terms of token mental states that instantiate phenomenal properties. This mistake is predicated on ignoring an important difference in the temporal character—what I call the “temporal shape”—between states and properties as opposed to conscious experiences. States (...) and properties lack a temporal shape, but conscious experience has a temporal shape. Thus, in order to adequately capture our phenomenology of temporality we need a mental ontology that adequately reflects this distinction. A second aim of this dissertation is to defend a mereological account of phenomenal intentionality, which says that phenomenality and intentionality are related by being proper parts of a first-personal, subjective, mental event. On this approach, the conditions of satisfaction for a subject’s first-personal, subjective, mental event just are the conditions of satisfaction for phenomenal intentionality. I explore the theoretical grounds for a mereological account of phenomenal intentionality and conclude that it does a better job of explaining difficult cases like the problem of unconscious thought (e.g., your belief that “grass is green”). Thus, we have prima facie support for a mereological account of phenomenal intentionality exactly where competing accounts fail. (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)

Much French philosophy of the late twentieth and early twenty-first centuries has been marked by the positive valorization of alterity, an ethical position that has recently received a vigorous assault from Alain Badiou’s privilege of sameness. This article argues that Badiou shares a great deal in common with the philosophies of alterity from which he seeks to distance himself, and that Michel Serres’s little-known account of alterity offers a much more radical alternative to the ethics of difference. Drawing on both (...) translated and as yet untranslated works, I argue that the Serresian ontology of inclination, along with his conceptual personae of the hermaphrodite and the parasite, informs ethical and political positions that offer a distinctive ethics and politics that present fresh insights about the relation between the singular and the universal, the contingency of market exchange, and the nature of violence. (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 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)

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)

Being born into a family structure—being born of a mother—is key to being human. It is, for Jacques Lacan, essential to the formation of human desire. It is also part of the structure of analogy in the Thomistic thought of Erich Przywara. AI may well increase exponentially in sophistication, and even achieve human-like qualities; but it will only ever form an imaginary mirroring of genuine human persons—an imitation that is in fact morbid and dehumanising. Taking Lacan and Przywara at a (...) point of convergence on this topic offers important insight into human exceptionalism. (shrink)

Truth is a locus of guilt for the Christian, according to Jacques Lacan. The religious person, he argues, punitively defers truth eschatologically. Yet Lacan’s own view dissolves eschatological deferral to the world, as the “Real”. The metaphysics of Erich Przywara SJ helps highlight that this mirrors Lacan’s view of the religious person. Przywara’s Christian metaphysics and Lacanian psychoanalysis converge on the immanence of truth to history. But Przywaran analogy corrects Lacan’s position on the religious person, which by implication calls for (...) an adjustment to Lacan’s worldview. In the final analysis, Lacan’s dialectical nihilism should yield to a Christian’s hopeful relation to the truth. (shrink)

A growing number of epistemologists have endorsed the Ignorance Norm for Inquiry. Roughly, this norm says that one should not inquire into a question unless one is ignorant of its answer. I argue that, in addition to ignorance, proper inquiry requires a certain kind of knowledge. Roughly, one should not inquire into a question unless one knows it has a true answer. I call this the Knowledge Norm for Inquiry. Proper inquiry walks a fine line, holding knowledge that there is (...) an answer in the left hand and ignorance of the answer in the right. (shrink)

It is fair to say that Georg Wilhelm Friedrich Hegel's philosophy of mathematics and his interpretation of the calculus in particular have not been popular topics of conversation since the early part of the twentieth century. Changes in mathematics in the late nineteenth century, the new set-theoretical approach to understanding its foundations, and the rise of a sympathetic philosophical logic have all conspired to give prior philosophies of mathematics (including Hegel's) the untimely appearance of naïveté. The common view was expressed (...) by Bertrand Russell: -/- The great [mathematicians] of the seventeenth and eighteenth centuries were so much impressed by the results of their new methods that they did not trouble to examine their foundations. Although their arguments were fallacious, a special Providence saw to it that their conclusions were more or less true. Hegel fastened upon the obscurities in the foundations of mathematics, turned them into dialectical contradictions, and resolved them by nonsensical syntheses. . . .The resulting puzzles [of mathematics] were all cleared up during the nineteenth century, not by heroic philosophical doctrines such as that of Kant or that of Hegel, but by patient attention to detail (1956, 368–69). (shrink)

In (Weaver 2021), I showed that Boltzmann’s H-theorem does not face a significant threat from the reversibility paradox. I argue that my defense of the H-theorem against that paradox can be used yet again for the purposes of resolving the recurrence paradox without having to endorse heavy-duty statistical assumptions outside of the hypothesis of molecular chaos. As in (Weaver 2021), lessons from the history and foundations of physics reveal precisely how such resolution is achieved.

The application of artificial intelligence (AI) to judicial decision-making has already begun in many jurisdictions around the world. While AI seems to promise greater fairness, access to justice, and legal certainty, issues of discrimination and transparency have emerged and put liberal democratic principles under pressure, most notably in the context of bail decisions. Despite this, there has been no systematic analysis of the risks to liberal democratic values from implementing AI into judicial decision-making. This article sets out to fill this (...) void by identifying and engaging with challenges arising from artificial judicial decision-making, focusing on three pillars of liberal democracy, namely equal treatment of citizens, transparency, and judicial independence. Methodologically, the work takes a comparative perspective between human and artificial decision-making, using the former as a normative benchmark to evaluate the latter. -/- The chapter first argues that AI that would improve on equal treatment of citizens has already been developed, but not yet adopted. Second, while the lack of transparency in AI decision-making poses severe risks which ought to be addressed, AI can also increase the transparency of options and trade-offs that policy makers face when considering the consequences of artificial judicial decision-making. Such transparency of options offers tremendous benefits from a democratic perspective. Third, the overall shift of power from human intuition to advanced AI may threaten judicial independence, and with it the separation of powers. While improvements regarding discrimination and transparency are available or on the horizon, it remains unclear how judicial independence can be protected, especially with the potential development of advanced artificial judicial intelligence (AAJI). Working out the political and legal infrastructure to reap the fruits of artificial judicial intelligence in a safe and stable manner should become a priority of future research in this area. (shrink)

I argue that the best interpretation of the general theory of relativity has need of a causal entity, and causal structure that is not reducible to light cone structure. I suggest that this causal interpretation of GTR helps defeat a key premise in one of the most popular arguments for causal reductionism, viz., the argument from physics.

When it comes to social criticism of the economy, Critical Theory has thus far failed to discover specific immanent norms in that sphere of activity. In response, we propose that what is needed is to double down on the idealism of Critical Theory by taking seriously the sophisticated structure of agency developed in Hegel’s own account of freedom as self-determination. When we do so, we will see that the anti-metaphysical gestures of recent Critical Theory work in opposition to its attempts (...) to develop immanent critique. In this paper we first briefly reconsider Axel Honneth’s project as it concerns economic institutions and then respond by returning to the problem of freedom and articulating a view according to which the problem of individual self-determination and the problem of social production are the same problem seen from different angles. Then we present briefly Hegel’s own social theory from this perspective before moving on to trace the outlines of such a critical theory of contemporary capitalism. (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)

In this paper I discuss two related ideas and cross-reference them, as it were, on the common ground of the Spinozistic text. First, I want to construct a Spinozistic account of domestic violence and a Spinozistic response to such violence. This will involve attempting to explicate the phenomenon (or at least one aspect of it, to be defined) through the terms and conceptual structure of Spinoza's Ethics. Second, I want to discuss a feminist reading (interpretation) of Spinoza, that of Luce (...) Irigaray. The projects work together, as a better Spinozistic account requires a charitable reading of Spinoza to which Irigaray points the way. Irigaray will turn out to be more Spinozistic that Spinoza himself. In addition, the construction of a Spinozistic response to domestic violence will highlight the textual basis of Irigaray’s reading. It is hoped that this will contribute to making Irigaray’s reading accessible to philosophers trained in the analytic tradition. The undercurrent of both discussions will be an attempt to explicate and further what I take to be a shared moral insight in the late twentieth century, namely, that domestic violence, and particularly violence against women as wives and partners, is morally wrong. (shrink)

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)

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)

Philosophical discussions concerning ectogestation are trending. And given that the Supreme Court of the United States overturned Roe v. Wade (1973) and Casey v. Planned Parenthood (1992), questions regarding the moral and legal status of abortion in light of the advent of ectogestation will likely continue to be of central importance in the coming years. If ectogestation can intersect with or even determine abortion policy in the future, then a new philosophical analysis of the legal status of abortion is both (...) warranted and urgently needed. I argue that, even if there is no ‘moral’ right to fetal destruction once ectogestation becomes a reality, societies ought not to implement legal prohibitions on a pregnant person’s ability to safely obtain an abortion that results in fetal death because such laws are systemically misogynistic. (shrink)