When Neil MacCormick, in the wake of the launch of the Maastricht Treaty on European Union, went “beyond the Sovereign State” in 1993, he fundamentally challenged the heretofore dominant paradigm of legal ordering in the European context which considered law to be singular, unified and confined within sovereign nation states. The original insight of MacCormick might, however, be pushed even further, as a historical re-construction reveals that legal pluralism is not only a trademark of recent historical times, marked by the (...) European integration process, but has also been at the very core of legal evolution in Europe throughout its modern history. The introduction of modern law in Europe can be traced back to the eleventh and twelfth century Investiture Conflict between the Church and the Emperor, a conflict which solidified the existence of two parallel universes of law, one Church-based and one empire-based, both of which rested, in principle, upon mutually exclusive claims to superiority, but which nonetheless became institutionally stabilized in a manner which allowed for mutual co-existence between them. The existence of such parallel universes of law has throughout, also in the “Westphalian world”, been a central characteristic of European law. It is suggested that the current constellation between the EU and its Member States should be viewed in this light. (shrink)

When Neil MacCormick, in the wake of the launch of the Maastricht Treaty on European Union, went “beyond the Sovereign State” in 1993, he fundamentally challenged the heretofore dominant paradigm of legal ordering in the European context which considered law to be singular, unified and confined within sovereign nation states. The original insight of MacCormick might, however, be pushed even further, as a historical re-construction reveals that legal pluralism is not only a trademark of recent historical times, marked by the (...) European integration process, but has also been at the very core of legal evolution in Europe throughout its modern history. The introduction of modern law in Europe can be traced back to the eleventh and twelfth century Investiture Conflict between the Church and the Emperor, a conflict which solidified the existence of two parallel universes of law, one Church-based and one empire-based, both of which rested, in principle, upon mutually exclusive claims to superiority, but which nonetheless became institutionally stabilized in a manner which allowed for mutual co-existence between them. The existence of such parallel universes of law has throughout, also in the “Westphalian world”, been a central characteristic of European law. It is suggested that the current constellation between the EU and its Member States should be viewed in this light. (shrink)

Does individual desert matter for distributive justice? Is it relevant, for purposes of justice, that the pattern of distribution of justice’s “currency” (be it well-being, resources, preference-satisfaction, capabilities, or something else) is aligned in one or another way with the pattern of individual desert? -/- This paper examines the nexus between desert and distributive justice through the lens of individual claims. The concept of claims (specifically “claims across outcomes”) is a fruitful way to flesh out the content of distributive justice (...) so as to be grounded in the separateness of persons. A claim is a relation between a person and a pair of outcomes. If someone is better off in one outcome than a second, she has a claim in favor of the first. If she is equally well off in the two outcomes, she has a null claim between the two. In turn, whether one outcome is more just than a second depends upon the pattern of claims between them. -/- In prior work, I have elaborated the concept of claims across outcomes, and have used it to provide a unified defense of the Pareto and Pigou-Dalton axioms. Adding some further, plausible, axioms, we arrive at prioritarianism. -/- Here, I consider the possibility of desert-modulated claims—whereby the strength of an individual’s claim between two outcomes is determined not only by her well-being levels in the two outcomes, and her well-being difference between them, but also by her desert. This generalization of the notion of claims suggests a new axiom of justice: Priority for the More Deserving, requiring that, as between two individuals at the same well-being level, a given increment in well-being be allocated to the more deserving one. -/- If individual desert is intrapersonally fixed, this new axiom, together with a desert-modulated version of the Pigou-Dalton principle, and the Pareto axioms, yields a desert-modulated prioritarian account of distributive justice. Trouble arises, however, if an individual’s desert level can be different in different outcomes. In this case of intrapersonally variable desert, Priority for the More Deserving can conflict with the Pareto axioms (both Pareto indifference and strong Pareto). -/- This conflict, I believe, is sufficient reason to abandon the proposal to make claim strength a function of individual desert on top of well-being levels and differences. If distributive justice is truly sensitive to each individual’s separate perspective—if the justice ranking of outcomes is built up from the totality of individual rankings—we should embrace the Pareto axioms as axioms of justice and reject Priority for the More Deserving. In short: desert-modulated prioritarianism is a nonstarter. Rawls was right to sever distributive justice from desert. (shrink)

A typical claim in anti-representationalist approaches to cognition such as ecological psychology or radical embodied cognitive science is that ecological information is sufficient for guiding behavior. According to this view, affordances are immediately perceptually available to the agent (in the so-called “ambient energy array”), so sensory data does not require much further inner processing. As a consequence, mental representations are explanatorily idle: perception is immediate and direct. Here we offer one way to formalize this direct-perception claim and identify (...) some important limits to it. We argue that the claim should be read as saying that successful behavior just implies picking out affordance-related information from the ambient energy array. By relying on the Partial Information Decomposition framework, and more concretely on its development of the notion of synergy, we show that in multimodal perception, where various energy arrays carry affordance-related information, the “just pick out affordance-related information” approach is very inefficient, as it is bound to miss all synergistic components. Efficient multimodal information combination requires transmitting sensory-specific (and not affordance-specific) information to wherever it is that the various information streams are combined. The upshot is that some amount of computation is necessary for efficient affordance reconstruction. (shrink)

Investments in mitigating climate change have their greatest environmental impact over the long term. As a consequence the incentives to invest in cutting greenhouse gas emissions today appear to be weak. In response to this challenge, there has been increasing attention given to the idea that current generations can be motivated to start financing mitigation at much higher levels today by shifting these costs to the future through national debt. Shifting costs to the future in this way benefits future generations (...) by break- ing existing patterns of delaying large-scale investment in low-carbon energy and efficiency. As we will see in this chapter, it does appear to be technically feasible to transfer the costs of investments made today to the future in such a way that people alive today do not incur any net cost. the aim of this chapter is to take seriously the possibility that climate change has produced an extremely intractable political problem and that we must now consider strong measures that can break existing patterns of delaying mitigation. I defend the claim that if climate change involves a stark conflict of interests between current and future generations, then borrowing from the future would be both strategically and normatively much better than the status quo. Nevertheless, I challenge the borrowing from the future proposal on the grounds that it is not in fact the powerful tool for motivating existing agents that its proponents imagine it to be. The purpose of developing this critical argument is not, however, simply to throw doubt onto the idea of borrowing from the future. If we really do find ourselves in a political context where the prospects for effective action are very poor then strategic forms of buck-passing may make an important positive contribution to avoiding dangerous global cli- mate change. Consequently, if debt financing is not as powerful of a motivational tool as imagined we still have strong reasons, I will argue, to identify other strategies that will change agents’ incentive structures. To this end, I propose an alternative form of passing on the costs of mitigation to the future that warrants consideration. (shrink)

A window broke and Annie was involved. What’s of moral importance in a situation like this? Not whether Annie caused the window to break and not whether the window wouldn’t have broken if it weren’t for Annie. What’s morally important is whether Annie broke the window. In this thesis, I first generalise and argue for that claim; afterwards, I put it to work in ethics, applied ethics, and legal theory.

In this paper, I present a puzzle about epistemic rationality. It seems plausible that it should be rational to believe a proposition if you have sufficient evidential support for it. It seems plausible that it rationality requires you to conform to the categorical requirements of rationality. It also seems plausible that our first-order attitudes ought to mesh with our higher-order attitudes. It seems unfortunate that we cannot accept all three claims about rationality. I will present three ways of trying to (...) resolve this tension and argue that the best way to do this is to reject the idea that strong evidential support is the stuff rationality is made of. In the course of doing this, I shall argue that there is a special class of propositions about the requirements of rationality that we cannot make rational mistakes about and explain how this can be. (shrink)

Pragmatic genealogies seek to explain ideas by regarding them, primarily, not as answers to philosophical questions, but as practical solutions to practical problems. Here I argue that pragmatic genealogies can inform the formation of philosophical canons. But the rationale for resorting to genealogy in this connection is not the familiar one that genealogy renders the concepts of the present intelligible by relating them to the concerns of the past—the claim is rather the reverse one, that genealogy renders the concepts (...) of the past intelligible by relating them to the concerns of the present: past thinkers can be made to speak to us by revealing how their ideas tie in with our concerns, in the sense of helping us to remedy practical problems we still face in some form. (shrink)

Whether anorexic patients should be able to refuse treatment when this potentially has a fatal outcome is a vexed topic. A recent proposal for a new category of ‘terminal anorexia’ suggests criteria when a move to palliative care or even physician assisted suicide might be justified. I argue that this proposed diagnosis presents a false sense of certainty of the illness trajectory by conceptualizing anorexia in analogy with physical disorders and stressing the effects of starvation. Furthermore, this conceptualization is in (...) conflict with the claim that individuals who meet the diagnostic criteria for terminal anorexia have decision making capacity. It should therefore be rejected. (shrink)

Climate change appears to be a classic aggregation problem, in which billions of individuals perform actions none of which seem to be morally wrong taken in isolation, and yet which combine to drive the global concentration of greenhouse gases (GHGs) ever higher toward environmental (and humanitarian) catastrophe. When an individual can choose between actions that will emit differing amounts of GHGs―such as to choose a vegan rather than carnivorous meal, to ride a bike to work rather than drive a car, (...) or to take a reusable bag to the supermarket rather than send another plastic bag to landfill―does she have any reason to choose the lower-emitting actions? In this chapter I'll reject the claim that individuals don't make a difference when it comes to climate change. I first discuss making a difference with every action, as a way of getting clearer about how individuals' actions impact causally on the harms resulting from climate change, making a distinction so far overlooked in the climate ethics discussion between 'macro' thresholds like ice-cap melt, and 'micro' thresholds like severe weather events. I set aside making a difference with every action as implausible, and then move on to discuss both low probability of major difference, and high probability of minor difference. I argue that both of these are plausible characterizations of individuals' causal contributions to climate change. I conclude by noting some policy implications of having (probabilistic) individual difference-making back in play. (shrink)

Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that the GDPR will legally mandate a ‘right to explanation’ of all decisions made by automated or artificially intelligent algorithmic systems. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. In contrast to (...) the right to explanation of specific automated decisions claimed elsewhere, the GDPR only mandates that data subjects receive meaningful, but properly limited, information (Articles 13-15) about the logic involved, as well as the significance and the envisaged consequences of automated decision-making systems, what we term a ‘right to be informed’. Further, the ambiguity and limited scope of the ‘right not to be subject to automated decision-making’ contained in Article 22 (from which the alleged ‘right to explanation’ stems) raises questions over the protection actually afforded to data subjects. These problems show that the GDPR lacks precise language as well as explicit and well-defined rights and safeguards against automated decision-making, and therefore runs the risk of being toothless. We propose a number of legislative and policy steps that, if taken, may improve the transparency and accountability of automated decision-making when the GDPR comes into force in 2018. (shrink)

1. Introduction: a look back at the reasons vs. causes debate. 2. The interventionist account of causation. 3. Four objections to interventionism. 4. The counterfactual analysis of event causation. 5. The role of free agency. 6. Causality in the human sciences. -- The reasons vs. causes debate reached its peak about 40 years ago. Hempel and Dray had debated the nature of historical explanation and the broader issue of whether explanations that cite an agent’s reasons are causal or not. Melden, (...) Peters, Winch, Kenny and Anscombe had contributed their anticausal conceptions. The neo-Wittgensteinians seemed to be winning the day when in 1963 Donald Davidson published his seminal paper “Actions, Reasons, and Causes”. Davidson’s paper devastated the Wittgensteinian camp. It contained, among other things, a powerful attack on the logical connection argument. Davidson argued that the existence of a logical or conceptual connection between descriptions can never eliminate a causal relation, which holds between events simpliciter, not between events under certain descriptions. Davidson maintained that in a way, reasons can be causes. When somebody acts for a certain reason, his intentional attitudes, or rather changes in his attitudes, cause his bodily movements. Davidson also argued that rationalization is a species of causal explanation. For the definition of action, he argued that intentional actions are bodily movements caused in the right way by beliefs and desires that rationalize them. Davidson’s paper paved the way for causal theories of action, which superseded neo-Wittgensteinian analyses in the following decades. The causal theory was rapidly adopted by Alvin Goldman, David Armstrong, Paul Churchland, Myles Brand and many others, entering the mainstream and dominating the philosophy of action to this very day. In 1971 Georg Henrik von Wright published his book "Explanation and Understanding". The second chapter did not deal with agency, but with causation. It developed a new account of causation, the interventionist or experimentalist account. Focusing on causation, von Wright remedied a major shortcoming of the reasons vs. causes debate. The concept of causality, and the nature of the causal relation, received little attention in this debate, a fact that holds true for both camps. Mostly it was simply taken for granted that, as Hempel had declared, “causal explanation is a special type of deductive-nomological explanation”. One camp then aligned intentional explanations with D-N explanations, while the other camp insisted on their disparity. So strictly speaking, the label “reasons/causes debate” was a misnomer. The controversy dealt primarily with the question as to whether intentional explanations can take the form of D-N explanations, while the notion of causation, and the metaphysics of the causal relation, were left obscured. With von Wright’s new approach, the situation changed. Von Wright was primarily concerned with causation, but his approach contained an implicit attack on the causal theory of action as well. His core idea was that the notion of causality is intimately linked with, or even derived from, the notion of intentionally making something happen. Other philosophers, even Hume, had considered such a connection before, but often just to reject this view, regarding it as a kind of myth belonging to the infancy of the human mind. Von Wright took the idea seriously. He submitted the analysis that p is the cause of q if and only if by doing p we could bring about q. The causal theory of action was also concerned with the relation between causation and agency, to which its name bears witness. The causal theory of action holds that actions are bodily movements with a certain causal history. This is why von Wright’s account constituted a momentous challenge to the causal theory: it reversed the direction of conceptual dependency between both notions. Davidson and his followers tried to define what an intentional action is by using the notion of causation. The causal condition which the causal theory sets is part of the definition of “doing something intentionally”. Von Wright claimed that the conceptual dependency is the other way round. He used the notions of doing, and bringing about, to explain what causal relations are. So, instead of a causal theory of action, he advocated an agency theory of causation, as it may be dubbed. It is remarkable how seldom this clash of opinions about conceptual primacy is reflected in the literature. There are few exceptions: Fred Stoutland noticed the conflict, and he published a number of papers in which he compared Davidson’s and von Wright’s views. Von Wright’s book "Explanation and Understanding" was widely read and discussed in the seventies, especially in Europe. But it strikes me that especially in North America, where the causal theory of action became the orthodoxy of the day, von Wright’s challenge went largely unnoticed. Even Davidson did not seem to take it seriously. He nowhere takes notice of the interventionist theory of causation, while he does discuss von Wright’s earlier book "Norm and Action". As is well-known, Davidson favoured an alternative account of causation, based on “the principle of the nomological character of causality”, as he somewhat clumsily called it, or, later and less clumsily, “the cause-law thesis”. Davidson’s firm adherence to a nomological theory of causality may explain why he did not take much interest in alternative accounts. [...] -/- . 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This paper explores Kant's concept of the highest good and the postulate of the existence of God arising from it. Kant has two concepts of the highest good standing in tension with one another, an immanent and a transcendent one. I provide a systematic exposition of the constituents of both variants and show how Kant’s arguments are prone to confusion through a conflation of both concepts. I argue that once these confusions are sorted out Kant’s claim regarding the need (...) to postulate God’s existence from a moral point of view makes much more sense. (shrink)

Value claims about ecological entities, their functionality, and properties take center stage in so-called “ecological” ethical and aesthetic theories. For example, the claim that the biodiversity in an old-growth forest imbues it with “value in and for itself” is an explicit value claim about an ecological property. And the claim that one can study “the aesthetics of nature, including natural objects...such as ecosystems” presupposes that natural instances of a type of ecological entity exist and can be regarded (...) as more or less aesthetically valuable. My discussion below will bear wide implications for how claims like... (shrink)

The notion of domain specificity plays a central role in some of the most important debates in cognitive science. Yet, despite the widespread reliance on domain specificity in recent theorizing in cognitive science, this notion remains elusive. Critics have claimed that the notion of domain specificity can't bear the theoretical weight that has been put on it and that it should be abandoned. Even its most steadfast proponents have highlighted puzzles and tensions that arise once one tries to go beyond (...) an initial intuitive sketch of what domain specificity involves. In this paper, we address these concerns head on by developing an account of what it means for a cognitive mechanism to be domain specific that overcomes the obstacles that have made domain specificity seem so problematic. We then apply this understanding of domain specificity to one of the key debates that it has figured prominently in—the rationalism-empiricism debate concerning the origins of cognitive traits—and introduce several related theoretical notions that work alongside domain specificity in helping to clarify what makes a view more (or less) rationalist. This example illustrates how the notion of domain specificity can, and should, continue to play a central role in ongoing debates in cognitive science. (shrink)

Many researchers consider cancer to have molecular causes, namely mutated genes that result in abnormal cell proliferation (e.g. Weinberg 1998). For others, the causes of cancer are to be found not at the molecular level but at the tissue level where carcinogenesis consists of disrupted tissue organization with downward causation effects on cells and cellular components (e.g. Sonnenschein and Soto 2008). In this contribution, I ponder how to make sense of such downward causation claims. Adopting a manipulationist account of causation (...) (Woodward 2003), I propose a formal definition of downward causation and discuss further requirements (in light of Baumgartner 2009). I then show that such an account cannot be mobilized in support of non-reductive physicalism (contrary to Raatikainen 2010). However, I also argue that such downward causation claims might point at particularly interesting dynamic properties of causal relationships that might prove salient in characterizing causal relationships (following Woodward 2010). (shrink)

The Introduction provides an overview of Kendall Walton’s make-believe framework for a variety of representations and his arguments that such representations are dependent on their social or historical context. Walton argues that diverse representations involve our capacities for imagination and make-believe with props; they overlap with the fictional. Focusing on make-believe with props explains paradigmatic representational arts such as paintings and novels, theater and film. But this perspective reaches beyond the arts: it explains pictures and photographs in general not only (...) artistic ones; stories in general as well as literary and performing arts; music; metaphors, and even the claims we make about fictional entities and existence. The first section explains the main points of the make-believe framework in Mimesis as Make-Believe, and it reconstructs Walton’s argument in “Categories of Art” that some aesthetic properties depend on the perceptible and historical categories of art to which a work belongs. The second section outlines Walton’s specific proposals about literary fiction, fictional characters, poetry, pictures, photographs, music and negative existential claims. These explanations are integrated with summaries of the papers. The third section examines Walton’s implicit view of two much-discussed issues: the ontology of art and definitions of art. This discussion clears away some misunderstandings of Walton’s contextualism or historicism and relates Walton’s work to Arthur Danto’s and Frank Sibley’s. (shrink)

Compatibilism claims that a person is a free agent when no external circumstances prevent an action; internal factors such as unconscious thoughts and conditioned responses do not prevent free agency. Contemporary psychology and neuroscience reveal, however, that complex internal factors are involved in our decision-making process and invite new criticisms of compatibilism. I introduce the dual-system theory and implicit bias and discuss the case of mental illness as a disability to decision making. I argue that compatibilist accounts of (...) free will ascribe free will to agents who should not be considered free agents. (shrink)

Why do we value higher-level scientific explanations if, ultimately, the world is physical? An attractive answer is that physical explanations often cite facts that don’t make a difference to the event in question. I claim that to properly develop this view we need to commit to a type of deterministic chance. And in doing so, we see the theoretical utility of deterministic chance, giving us reason to accept a package of views including deterministic chance.

In this paper, I try to make sense of the growing block view using Kit Fine’s three-fold classification of A-theoretic views of time. I begin by motivating the endeavor of making sense of the growing block view by examining John Earman’s project in ‘Reassessing the prospects for a growing block model of the universe’. Next, I review Fine’s reconstruction of McTaggart’s argument and its accompanying three-fold classification of A-theoretic views. I then consider three interpretations of Earman’s growing block model: (...) the hybrid growing block, the purely tensed growing block, and Michael Tooley’s growing block. I argue for three claims. First, Finean ‘standard’ versions of these views are less congenial to the growing blocker than ‘non-standard’ ones. Second, the hybrid view is problematic on either version. And third, ‘non-standard’ versions are not fully intelligible. I provide further support for the first and third of these claims and explain why I take them to support a minimal account of passage as succession, which undercuts some of the motivation for Earman’s project. Lastly, I answer three objections. (shrink)

The main goal of this thesis is to provide a clear basis for the analysis of alternative currencies, such as Bitcoin, LETS, Local currencies, the WIR or Carbon currencies. It attempts to determine whether alternative currencies might constitute just and workable alternatives, either in the form of small-scale experiments or in the form of more radical reforms. The first chapter proposes a new way to classify currencies. The second examines the case in favour of monetary plurality. The third analyses the (...) claims in favour of restricting the use of money locally, within a community, or to certain goods. The fourth studies the link between money and the market. Finally, a post-scriptum focuses on Bitcoin and cryptocurrencies. This thesis highlights that these currencies are drivers of several potential conflicts. Their widespread use might conflict with the adequate management of monetary policy, with social justice, and with liberal values. These conflicts are potential, for they would come into existence only if alternative currencies increased in scope. However, there is no reason to disregard potential conflicts when the case in their favour relies mostly on their potential benefits. (shrink)

The unpleasantness of pain motivates action. Hence many philosophers have doubted that it can be accounted for purely in terms of pain’s possession of indicative representational content. Instead, they have explained it in terms of subjects’ inclinations to stop their pains, or in terms of pain’s imperative content. I claim that such “noncognitivist” accounts fail to accommodate unpleasant pain’s reason-giving force. What is needed, I argue, is a view on which pains are unpleasant, motivate, and provide reasons in virtue (...) of possessing content that is indeed indicative, but also, crucially, evaluative. (shrink)

This article is interdisciplinary in its claims. Evolving around the ecological concept of affordance, it brings together pragmatics and ecological psychology. Starting from the theoretical writings of Peirce, Dewey and James, the biosemiotic claims of von Uexküll, Gibson’s ecological approach to perception and some empirical evidence from recent neurobiological research, it elaborates on the concepts of experiential and enactive cognition as applied to music. In order to provide an operational description of this approach, it introduces some conceptual tools from the (...) domain of cybernetics with a major focus on the concept of circularity, which links perception to action in a continuous process of sense-making and interaction with the environment. As such, it is closely related to some pragmatic, biosemiotic and ecosemiotic claims which can be subsumed under the general notion of functional significance. An attempt is made to apply this conceptual framework to the process of musical sense-making which involves the realisation of systemic cognition in the context of epistemic interactions that are grounded in our biology and possibilities for adaptive control. Central in this approach is the concept of coping with the environment, or, in musical terms, to perceive the sounding music in terms of what it affords for the consummation of musical behaviour. (shrink)

Art museums are built to elicit a wide variety of feelings, emotions, and moods from their visitors. While these effects are primarily achieved through the artworks on display, museums commonly deploy numerous other affect-inducing resources as well, including architectural solutions, audio guides, lighting fixtures, and informational texts. Art museums can thus be regarded as spaces that are designed to influence affective experiencing through multiple structures and mechanisms. At face value, this may seem like a somewhat self-evident and trivial statement to (...) make. However, in this article, I argue that niche construction theory enables us to make several illuminating observations about the ways in which art museums are engineered to influence our feelings. To expound on this claim, I single out for discussion the Museum of Non-Objective Painting, which for its entire lifespan (1939–52)—and prior to its evolution into the Solomon R. Guggenheim Museum—was expressly organized to kindle in its visitors a special, spiritual form of aesthetic experience: a liberating feeling of cosmic rhythm and order, no less. -/- The argument will proceed as follows: In Part 1, I introduce the basics of niche construction theory and specify the sense in which I apply it to museums and aesthetic affective experiencing. In Part 2, I outline the origins and ethos of the Museum of Non-Objective Painting, after which I pin down the type of affective experience it fostered by drawing from visitors’ self-reported reactions to the artworks on display. Then, in Part 3, I use niche construction theory to explain how the Museum consciously fashioned itself, by means of various mutually supportive resources and technologies, into a fertile setting for the specified feelings. Finally, in Part 4, I extend beyond the discussed case to assess the implications of niche construction theory for a broader understanding of how art museums make us feel. In other words, by tracing the early steps of the Museum of Non-Objective Painting towards the present-day Guggenheim, I call attention to the general variation in affective niches as regards their structure, technologies, and affective aims. Overall, the article elucidates the functioning of art museums as affective niches and furthers the conceptual development of niche construction theory in aesthetics. (shrink)

According to many of its proponents, shared decision making ("SDM") is the right way to interpret the clinician-patient relationship because it respects patient autonomy in decision-making contexts. In particular, medical ethicists have claimed that SDM respects a patient's relational autonomy understood as a capacity that depends upon, and can only be sustained by, interpersonal relationships as well as broader health care and social conditions. This paper challenges that claim. By considering two primary approaches to relational autonomy, this (...) paper argues that standard accounts of SDM actually undermine patient autonomy. It also provides an overview of the obligations generated by the principle of respect for relational autonomy that have not been captured in standard accounts of SDM and which are necessary to ensure consistency between clinical practice and respect for patient autonomy. (shrink)

My goal is to illuminate truth-making by way of illuminating the relation of making. My strategy is not to ask what making is, in the hope of a metaphysical theory about is nature. It's rather to look first to the language of making. The metaphor behind making refers to agency. It would be absurd to suggest that claims about making are claims about agency. It is not absurd, however, to propose that the concept of (...) making somehow emerges from some feature to do with agency. That's the contention to be explore in this paper. The way to do this is through expressivism,. Truth-making claims, and making-claims generfally, are claims in which we express mental states linked to our maipulation of concepts, like truth. In particular, they express disposition to undertake derivations using inference rules, in which introduction rules have a specific role. I then show how this theory explains our intuitions about truth's asymmetric dependence on being. (shrink)

Can we make mistakes about what rationality requires? A natural answer is that we can, since it is a platitude that rational belief does not require truth; it is possible for a belief to be rational and mistaken, and this holds for any subject matter at all. However, the platitude causes trouble when applied to rationality itself. The possibility of rational mistakes about what rationality requires generates a puzzle. When combined with two further plausible claims – the enkratic principle, and (...) the claim that rational requirements apply universally – we get the result that rationality generates inconsistent requirements. One popular and attractive solution to the puzzle denies that it is possible to make rational mistakes about what rationality requires. I show why (contra Titelbaum (2015b), and Littlejohn (2015)) this solution is doomed to fail. (shrink)

In this article, I seek to make sense of the oft-invoked idea of 'public emergency' and of some of its (supposedly) radical moral implications. I challenge controversial claims by Tom Sorell, Michael Walzer, and Giorgio Agamben, and argue for a more discriminating understanding of the category and its moral force.

In the context of a global pandemic, there is good health-based reason for governments to impose various social distancing measures. However, such measures also cause economic and other harms to people at low risk from the virus. In this paper, I examine how to make such trade-offs in a way that is respectfully justifiable to their losers. I argue that existing proposals like using standard QALY (quality-adjusted life-year) valuations or WELLBYs (wellbeing-adjusted life-years) as the currency for trade-offs do not allow (...) such justification, because they give weight to utilities that are irrelevant in a life-and-death context. Drawing on work on restricted aggregation in ethics, I articulate an alternative framework for balancing claims arising from prospects of different kinds of harm and benefit, and show how it can be applied to reasoning about trade-offs in a pandemic context. (shrink)

When asked which of our concepts are normative concepts, metaethicists would be quick to list such concepts as GOOD, OUGHT, and REASON. When asked why such concepts belong on the list, metaethicists would be much slower to respond. Matti Eklund is a notable exception. In his recent book, Choosing Normative Concepts, Eklund argues by elimination for “the Normative Role view” that normative concepts are normative in virtue of having a “normative role” or being “used normatively”. One view that Eklund aims (...) to eliminate is “the Metaphysical view” that normative concepts are normative in virtue of referring to normative properties. In addition to arguing that Eklund’s objection looks doubtful by its own lights, we argue that there are several plausible versions of the Metaphysical view that Eklund doesn’t eliminate, defending various claims about normative concepts and their relationships to deliberation, competence, reference, and possession along the way. (shrink)

Sometimes we make mistakes, even when we try to do our best. When those mistakes are about normative matters, such as what is required, this leads to a puzzle. This puzzle arises from the possibility of misleading evidence about what rationality requires. I argue that the best way to solve this puzzle is to distinguish between two kinds of evaluation: requirement and appraisal. The strategy I defend connects three distinct debates in epistemology, ethics, and normativity: the debate over how our (...) theories of epistemic rationality should accommodate misleading evidence, the debate over the relationship between complying with requirements and deserving particular appraisals, and the debate over whether normative ignorance can excuse. Part 1 shows how three apparently plausible claims about epistemic rationality generate a puzzle when agents have misleading evidence about what rationality requires. Part 2 solves this puzzle by distinguishing between evaluations of requirement and appraisal and rejecting the idea that one is required to conform to the Enkratic Principle. I argue instead that complying with the Enkratic Principle provides defeasible evidence that the agent should be positively appraised. One of the consequences of this solution is that false normative beliefs can sometimes excuse agents from negative appraisal they would otherwise deserve for violating requirements. Part 3 defends the view that false normative belief can sometimes excuse against the rival views that false normative belief always excuses, and that false normative belief never excuses. I argue that false normative belief can sometimes excuse violations of requirements, when it is the case that the agent has done what it is reasonable to expect of her. (shrink)

According to the powerful qualities view, properties are both powerful and qualitative. Indeed, on this view the powerfulness of a property is identical to its qualitativity. Proponents claim that this view provides an attractive alternative to both the view that properties are pure powers and the view that they are pure qualities. It remains unclear, however, whether the claimed identity between powerfulness and qualitativity can be made coherent in a way that allows the powerful qualities view to constitute this (...) sort of alternative. I argue here that this can be done, given a particular conception of both the qualitativity and powerfulness of properties. On this conception, a property is qualitative just in the sense that its essence is fixed independently of any distinct properties, and it is powerful just if its essence grounds its dispositional role. (shrink)

The nature and consequences of readers’ affective engagement with literature has, in recent years, captured the attention of experimental psychologists and philosophers alike. Psychological studies have focused principally on the causal mechanisms explaining our affective interactions with fictions, prescinding from questions concerning their rational justifiability. Transportation Theory, for instance, has sought to map out the mechanisms the reader tracks the narrative experientially, mirroring its descriptions through first-personal perceptual imaginings, affective and motor responses and even evaluative beliefs. Analytical philosophers, by contrast, (...) have largely focussed on the problems fiction poses for traditional theories of rationality (as in the ‘Paradox of Fiction), challenging fiction’s wider epistemic value. The result has been a theoretical impasse in which the power of fiction to affectively ‘transport’ a reader is at once often lauded (by psychologists) as a privileged route to interpersonal understanding, and condemned (by philosophers) as an abdication of the authority of reason. This chapter surveys some of the central claims on both sides, tracing the source of the debate to competing conceptions of rationality. (shrink)

This article analyzes the practice of making social theory in terms of the changing styles manifested in writing social theory texts. It is claimed that, taken generally, "writing" social theory has not moved beyond its most widespread form of being an exercise in the systematic treatment of the phenomena under study rather than being a genuine problem-solving activity. As demonstrated on selected historical examples of "writing" social theory, it seems evident that there is no standard form or style of (...) "making" social theory apart from commentary. And that social theory, unlike related styles of academic writing, uses "commentary" not as a part of the argument being elaborated, but as a standard and routine way of making knowledge claims. It is argued here that commentary is not the basic method only in the contemporary and largely educational and instructive forms of social theory, but also in the supposedly original achievements of the field's leading figures. The argument elaborated here suggests that the inability to arrive at a standard form of "making" social theory may be a consequence of individual, authentic, original, creative thinking drawing its inspiration from sources that are heavily derivative and sometimes permeated by very chaotic and strenuous efforts to demonstrate the coherence of the thinking that it some way refers to the social world. (shrink)

-/- Only this experience … -/- Thirty years ago a young British soldier found himself in a conflict in which Christians were killing Christians. When he protested that involving the Army would provoke more violence from both sides, his government ordered him into a military psychiatric hospital, to be treated - on arrival - for schizophrenia. Instead, the hospital staff found him perfectly sane. Meanwhile, under their observation, he had a spectacular spiritual experience. He had previously decided that God is (...) just a delusion. Here now was a perfect setting for a modern revelation: not only that God is an authentic human experience, but that it is very likely the human experience. Modern atheists are surely right to claim that God has little to do with biology - and physicists, that God little to do with physics. Yet without an understanding of what this intense and complex experience is actually like - and what cultural changes it can inspire - human history is virtually incomprehensible. When he was later training to become a maths teacher at Cambridge University in England, both philosophers and theologians urged him to find a way to express his inspiration through his teaching. He was soon a head of mathematics at one of England’s most prestigious international schools. There he realised that orthodox mathematics instruction does a great deal of moral and social harm - as well as being obviously ineffective. Mathematics should teach youngsters to think honestly, critically and constructively - even to accept other’s criticisms gladly. This is what democracy requires. But youngsters in schools are usually rewarded more for their dishonesty. They learn to resent others’ ability, to reject any criticism. These are major reasons why modern democracies fail. In the last century the same habits of teaching arguably handed power to Stalin and Hitler. Both called their politics ‘scientific’. Both savagely destroyed criticism and dissent. Both enjoyed popular support. These tendencies are active today. In 473959 he describes how his revelation became the foundation of his life - then of his teaching. He explains how teaching mathematics properly and effectively will preserve children’s natural honesty, encourage and support their natural desire to think, to understand and to treat others honestly. In this way, he believes, there is even a possibility of ending the ancient conflicts between Jews, Christians and Muslims: by combining the fundamental moral principles of their most famous exponents. -/- … makes understanding human history possible! (shrink)

Two goals - improving replicability and accountability of Machine Learning research respectively, have accrued much attention from the AI ethics and the Machine Learning community. Despite sharing the measures of improving transparency, the two goals are discussed in different registers - replicability registers with scientific reasoning whereas accountability registers with ethical reasoning. Given the existing challenge of the Responsibility Gap - holding Machine Learning scientists accountable for Machine Learning harms due to them being far from sites of application, this paper (...) posits that reconceptualizing replicability can help bridge the gap. Through a shift from model performance replicability to claim replicability, Machine Learning scientists can be held accountable for producing non-replicable claims that are prone to eliciting harm due to misuse and misinterpretation. In this paper, I make the following contributions. First, I define and distinguish two forms of replicability for ML research that can aid constructive conversations around replicability. Second, I formulate an argument for claim-replicability's advantage over model performance replicability in justifying assigning accountability to Machine Learning scientists for producing non-replicable claims and show how it enacts a sense of responsibility that is actionable. In addition, I characterize the implementation of claim replicability as more of a social project than a technical one by discussing its competing epistemological principles, practical implications on Circulating Reference, Interpretative Labor, and research communication. (shrink)

Leibniz claimed that the universe, if God-created, would be physically and morally optimal in this conjoint sense: Of all possible worlds, it would be richest in phenomena, but its richness would arise from the simplest physical laws and conditions. This claim raises two difficult questions. First, why would this “richest/simplest” world be morally optimal? Second, what is the optimal balance between these competing criteria? The latter question is especially hard to answer in the context of a multiverse or multi-domain (...) universe. Leibniz focused on goodness as God’s motive in creation. “This is the cause of the existence of the best: that his wisdom makes it known to God, his goodness makes him choose it, and his power lets him produce it.” This article suggests that love is God’s motive. Since love entails acting to both benefit and be with the beloved, limitless love would entail God’s becoming as much unified reality as possible. The physical laws that govern the universe and its vast richness of phenomena appear to be those that we should expect if this claim is true and there are ways of testing the closeness of this fit. The claim that God has become the world (pandeism) also offers a satisfying resolution to the problem of evil. (shrink)

Incompatibilists and compatibilists (mostly) agree that there is a strong intuition that a manipulated agent, i.e., an agent who is the victim of methods such as indoctrination or brainwashing, is unfree. They differ however on why exactly this intuition arises. Incompatibilists claim our intuitions in these cases are sensitive to the manipulated agent’s lack of ultimate control over her actions, while many compatibilists argue that our intuitions respond to damage inflicted by manipulation on the agent’s psychological and volitional capacities. (...) Much hangs on this issue because manipulation-based arguments are among the most important for defending incompatibilist views of free will. In this paper, I investigate this issue from a experimental perspective, using a set of statistical methods well suited for identifying the features of hypothetical cases people’s intuitions are responding to. Results strongly support the compatibilist view—subjects’ tendency to judge that a manipulated agent is unfree was found to depend on their judgments that the agent suffers impairments to certain psychological/volitional capacities that compatibilists say are the basis for free will. I discuss the significance of these results for the use of manipulation cases in the philosophical debate about free will. (shrink)

Whether mathematical truths are syntactical (as Rudolf Carnap claimed) or empirical (as Mill actually never claimed, though Carnap claimed that he did) might seem merely an academic topic. However, it becomes a practical concern as soon as we consider the role of questions. For if we inquire as to the truth of a mathematical statement, this question must be (in a certain respect) meaningless for Carnap, as its truth or falsity is certain in advance due to its purely syntactical (or (...) formal-semantical) nature. In contrast, for Mill such a question is as valid as any other. These differing views have their consequences for contemporary erotetic logic. (shrink)

The main goal of this thesis is to provide a clear basis for the analysis of alternative currencies, such as Bitcoin, LETS, Local currencies, the WIR or Carbon currencies. It attempts to determine whether alternative currencies might constitute just and workable alternatives, either in the form of small-scale experiments or in the form of more radical reforms. The first chapter proposes a new way to classify currencies. The second examines the case in favour of monetary plurality. The third analyses the (...) claims in favour of restricting the use of money locally, within a community, or to certain goods. The fourth studies the link between money and the market. Finally, a post-scriptum focuses on Bitcoin and cryptocurrencies. This thesis highlights that these currencies are drivers of several potential conflicts. Their widespread use might conflict with the adequate management of monetary policy, with social justice, and with liberal values. These conflicts are potential, for they would come into existence only if alternative currencies increased in scope. However, there is no reason to disregard potential conflicts when the case in their favour relies mostly on their potential benefits. (shrink)

Narrativists about well-being claim that our lives go better for us if they make good stories—if they exhibit cohesion, thematic consistency, and narrative arc. Yet narrativism leads to mistaken assessments of well-being: prioritizing narrative makes it harder to balance and change pursuits, pushes us toward one-dimensionality, and can’t make sense of the diversity of good lives. Some ways of softening key narrativist claims mean that the view can’t tell us very much about how to live a good life that (...) we can’t find in other theories of well-being; while there are smaller-scale ways we can incorporate narrativist insights into our views of well-being, narrativism should not be a universal organizing principle for our lives. (shrink)

In "Rethinking Sadomasochism," Patrick Hopkins challenges the "radical" feminist claim that sadomasochism is incompatible with feminism. He does so by appeal to the notion of "simulation." I argue that Hopkins's conclusions are generally right, but they cannot be inferred from his "simulation" argument. I replace Hopkins's "simulation" with Kendall Walton's more sophisticated theory of "make-believe." I use this theory to better argue that privately conducted sadomasochism is compatible with feminism.

What are the roles of scientific causal knowledge in relation to the evidential requirements of policy making? In this chapter, I review the existing approaches in philosophy of science to the policy relevance of causal knowledge. I assess the specific concerns and questions on which these philosophical accounts have focused and show how they only offer a partial perspective of the relation between causal knowledge and policy making. Most existing views are top-down approaches: they start from philosophical concerns (...) about causation and evidence, and then make general claims about (potential) policy implications, but leave the notion of “policy” unanalyzed. As an alternative, I put forward some ideas toward a bottom-up approach: one that understands policy making as a dynamic process with several stages, and that starts from concrete policy problems, to then examine how causal notions and methods can contribute in various ways to the specifics of the process of policy making. (shrink)

In this paper, I take up one of Wang Yangming’s most audacious philosophical claims, which is that an achievement that is entirely concerned with correcting one’s own inner states, called “establishing sincerity” (licheng 立誠) can help one to fully grasp (jin 盡) all ethically pertinent matters, including those that would seem to require some ability to know or track facts about the wider world (e.g., facts about people very different from ourselves, facts about the needs of plants and animals). Wang (...) makes a claim to this effect in some of his letters and recorded discussions. -/- I begin with a brief, historical reconstruction of what Wang means by “establishing sincerity” and then turn to two sets of controversies regarding his audacious claim. The first has to do with how we should understand the proposal that establishing sincerity helps or positions a person to fully grasp all ethically significant concerns. On the interpretation of Chen Lai 陳來, Wang doesn’t think that establishing sincerity is sufficient by itself to have this grasp, only that it lays a necessary psychological foundation for all attempts to do so, so that it leaves much more work to do. I largely agree with Chen’s reading but find it isn’t strong enough to capture what’s most important and controversial about Wang’s view. On my stronger reading, Wang doesn’t just think that establishing sincerity provides a necessary foundation for a complete grasp, he also thinks that it describes the most difficult and demanding step or part of the process – the other steps come much more naturally and easily. The second set of controversies has to do with whether we can preserve Wang’s core account of virtuous moral agency without his strong ethical nativism, according to which we have an inherent capacity and disposition to track what is ethically important or salient about people and things very much unlike ourselves. I consider some arguments and interpretations of Wang’s thought that might allow us to bypass his nativist presuppositions, and conclude that they do not succeed. Even if we cannot accept his ethical nativism, however, there is a range of important ethical norms for which Wang’s prescriptions are powerful and prudent. The result of this study, I hope, will be an account of Wang’s thought which better positions us to see what parts are (and are not) worth bringing to ongoing debates about the nature of ethics, moral knowledge, and moral virtue. (shrink)

Abstract: This paper defends a constraint that any satisfactory decision theory must satisfy. I show how this constraint is violated by all of the decision theories that have been endorsed in the literature that are designed to deal with cases in which opinions or values are represented by a set of functions rather than a single one. Such a decision theory is necessary to account for the existence of what Ruth Chang has called “parity” (as well as for cases in (...) which agents have incomplete preferences or imprecise credences). The problem with the all of the decision theories that have been defended to account for parity is that they are committed to a claim I call unanimity: when all of the functions in the set agree that an agent ought to do A, then an agent ought to do A. A decision theory committed to unanimity violates the constraint I defend in this paper. Thus, if parity exists, a new approach to decision theory is necessary. (shrink)

Prop oriented make-believe is make-believe utilized for the purpose of understanding what I call “props,” actual objects or states of affairs that make propositions “fictional,” true in the make-believe world. I, David Hills, and others have claimed that prop oriented make-believe lies at the heart of the functioning of many metaphors, and one variety of fictionalism in metaphysics invokes prop oriented make-believe to explain away apparent references to entities some find questionable or problematic (fictional characters, propositions, moral properties, numbers). Elisabeth (...) Camp has argued against my and David Hills’ views of metaphor. Her arguments, many of them echoed by Catharine Wearing, demolish a very implausible account of metaphor, but leave entirely untouched the views that Hills and I actually proposed. Clarifying what we say about metaphor serves also as a defense of fictionalist theories that invoke prop oriented make-believe. (shrink)

This is a work in the philosophy of language and metasemantics. Its purpose is to help answer the question about how words acquire their meanings. The work is divided into two parts. The purpose of Part One is to defend the claim that, despite numerous attempts, the so-called Kripkenstein’s sceptical challenge, and especially the problem of finitude, has not been offered a successful straight solution. The purpose of Part Two is to critically examine Robert Brandom’s philosophy, which can be (...) treated as an answer to the sceptical challenge in my interpretation. My main claim is that although Brandom’s so-called normativist approach does provide a principled solution to the sceptical challenge, the proposal faces a host of other problems in the light of which I reject it. -/- What is Kripkenstein’s sceptical challenge? The name 'Kripkenstein' is an abbreviation used in the literature for Saul Kripke’s reading of Ludwig Wittgenstein’s later works, published in 1982. In the long essay, Kripke presents (that Wittgenstein presented) a sceptical challenge that demands an explanation of how any word can have a determinate meaning. The challenge is usually thought to consist of three interrelated problems: (1) the problem of finitude, (2) the problem of error, and (3) the problem of normativity. Following Martin Kusch, I view the problem of finitude as the most important one. According to the problem, briefly, since any actual subject is a finite being, i.e. capable of exhibiting only finite expressions of linguistic signs, it will always be possible to ask whether, in a given context, she is following a rule S1 or rule S2 that corresponds to the meaning of the sign. For example, supposing that the sign in question is '+', it can be asked whether the subject in a given context has followed the addition rule or an alternative quaddition rule, according to which any addition problem exceeding certain arbitrary cardinality results in five. According to the hypothesis, the actual use of '+' by any speaker is compatible with both rules. Since any speaker has only finite dispositions to the mathematical conduct, there will always be some limit after which there is no fact of the matter, according to the sceptic, which rule the subject will have turned out to have followed. Hence, it is indeterminate whether any actual subject has ever calculated according to the addition rule or the quaddition rule. -/- From my view, despite the work of Kripke and Kusch, the problem of finitude has not been taken as seriously as it ought to have been. This in turn has significant consequences for the metasemantic theory concerning the origin and nature of meaning. In particular, I claim that the way how the meaning of words is determined must be understood as temporal in nature. Moreover, I claim that Kripke’s causal-historical account of reference can work as a non-straight solution to the challenge that explains how at least the meanings of some words can be temporally determined. -/- One central aim of Brandom’s philosophy is to give a straight answer to the problem of finitude by providing an answer to the problem of normativity. However, I claim that Brandom’s version of the 'normativity of meaning' hypothesis cannot work as he intends. The key issues are difficult to summarise, but to put it succinctly, the crucial problem concerns Brandom’s ambition to give an answer to a version of Agrippa’s trilemma, or how a chain of justifications can end in anything else than (i) premises that have already been used, (ii) a primitive premise, or an (iii) infinitude of premises. My claim is that Brandom’s resolution to the trilemma is not sound. (shrink)

Abstract: In The Imaginary Jean-Paul Sartre makes what will strike many as an implausibly strong claim, namely that perception and imagination are incompatible kinds of experience - I call this the exclusion claim. This paper offers a reconstruction of Sartre’s exclusion claim. First, it frames the claim in terms of cross-modal attention distribution, such that it is not possible to simultaneously attend to what one is imagining and what one is perceiving. However, this leaves it open (...) that a subject can simultaneously imagine and perceive on the condition that either the perceived or imagined objects are not attended to. While this is a philosophically plausible position it fails to do justice to Sartre’s intended position, which suggests a more radical exclusion between perception and imagination. In light of this section 3 develops a supplementary argument to remove one of the possible configurations of attention that the ban on divided attention leaves in place by arguing that the objects of imagining must be attended to, which follows from Sartre’s characterisation of imagination as spontaneous. The resulting exclusion is as follows: attentive perception excludes imagination (and vice versa), given that the latter is necessarily attentive, but attentive imagination can co-occur with non-attentive or background perception (in this sense the exclusion is asymmetric in a way that Sartre fails to recognise). In concluding I detail how from this exclusion we get an important consequence – which Sartre wants the exclusion claim to have – namely that it rules out an imagination-based solution to the problem of perceptual presence. (shrink)

Susanna Rinard has recently offered a new argument for pragmatism and against evidentialism. According to Rinard, evidentialists must hold that the rationality of belief is determined in a way that is different from how the rationality of other states is determined. She argues that we should instead endorse a view she calls Equal Treatment, according to which the rationality of all states is determined in the same way. In this paper, I show that Rinard’s claims are mistaken, and that evidentialism (...) is more theoretically virtuous than its opponents sometimes give it credit for. Not only does evidentialism not make an exception for belief, but it fits naturally into a unified, explanatorily powerful account of the rationality of intentional mental states. According to such an account, the rationality of all intentional mental states, including belief, is determined by the right kind of reasons for those states. Since the right kind of reasons for belief just are evidential considerations, this unified account entails evidentialism. I conclude, contra Rinard, that evidentialism can be situated within a general account of rationality that is at least as theoretically virtuous as pragmatism, if not more so. (shrink)

Although moral philosophers have argued that shame is a valuable moral emotion, feminist philosophers have been skeptical. From the feminist perspective, shame appears to be an emotion more mediated by social circumstances than moral philosophers acknowledge. It is, they will argue, not an accident that shame occurs more frequently in people with marginalized identities. If who I am is a social subordinate, this would explain why women feel more shame. This argument relies on the assumption that the reason women feel (...) more shame is because they internalize negative social judgments about themselves. Although this explanation is tempting, in this chapter I want to evince a skeptical position against it. I want to put pressure on the claim that women internalize their oppression and that this process explains their shame. Instead, I argue that their shame can be explained by the difficulties of navigating one’s identity under conditions of oppression. (shrink)