John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational basis review (...) in terms of liberal neutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (shrink)

Responding to an article in a previous issue from Matthew B. O’Brien on the impermissibility of same-sex marriage, this reply corrects a misinterpretation of Rawls’s understanding of political liberalism and a misdirected complaint against the jurisprudence of the U.S. federal courts on civil marriage and other matters. In correcting these interpretations, I seek to demonstrate that a publicly reasonable case for same-sex civil marriage is conceivable in line with political liberalism. I conclude the article by arguing that, although the same-sex (...) civil marriage issue is likely to be a matter of controversy for some time in western societies, a proper understanding of the theoretical issues at stake may contribute to a partial de-escalation of the ‘culture wars’ currently surrounding the issue. (shrink)

Dan O’Brien gives an excellent analysis of testimonial knowledge transmission in his article ‘Communication Between Friends’ (2009) noting that the reliability of the speaker is a concern in both externalist and internalist theories of knowledge. O’Brien focuses on the belief states of Hearers (H) in cases where the reliability of the Speaker (S) is known via ‘intimate trust’, a special case pertaining to friendships with a track record of reliable or unreliable reports. This article considers the notion of ‘intimate trust’, (...) specifically in the context of online fan communities, in which the amount of time as a member of an online fan community and the extent of one’s posting history often results in something like ‘intimate trust’ between fans who are, for all other purposes, strangers. In the last two years, Twitter has provided a number of celebrities with a place to update fans and ‘tweet’ back and forth an innumerable number of times in any given day. This accentuates the intimacy to such a level that it becomes a ‘caricature of intimacy’ – the minute-to-minute updates accentuate the illusion that the fan ‘knows’ the celebrity, but the distance and mediation are still carefully maintained. This is an issue with both ethical and epistemological implications for fan-fan and fan-celebrity relationships online, considering ethics of care and ethics of justice, whether fans ‘owe’ celebrities a certain amount of distance and respect, and whether stars owe the fan something in return, either in the sense of reciprocal Kantian duties or Aristotelian moderation. (shrink)

This paper explores one aspect of God’s omniscience, that is, his knowledge of human minds. In §1 I spell out a traditional notion of divine knowledge, and in §2 I argue that our understanding of the thoughts of others is a distinct kind of knowledge from that involved in knowledge of the physical world; it involves empathizing with thinkers. In §3 I show how this is relevant to the question of how, and whether, God understands the thoughts of man. There (...) is, we shall see, some tension between the alleged direct nature of God’s intuition-based knowledge and the empathetic nature of understanding other. (shrink)

If Australasian philosophers constitute the kind of group to which a collective identity or broadly shared self-image can plausibly be ascribed, the celebrated history of Australian materialism rightly lies close to its heart. Jack Smart’s chapter in this volume, along with an outstanding series of briefer essays in A Companion to Philosophy in Australia and New Zealand (Forrest 2010; Gold 2010; Koksvik 2010; Lycan 2010; Matthews 2010; Nagasawa 2010; Opie 2010; Stoljar 2010a), effectively describe the naturalistic realism of Australian philosophy (...) of mind. In occasional semi-serious psychogeographic speculation, this long-standing and strongly-felt intellectual attitude has been traced back to the influences of our light, land, or lifestyle (Devitt 1996, x; compare comments by Chalmers and O’Brien in Mitchell, 2006). Australasian work in philosophy of mind and cognition has become more diverse in the last 40 years, but is almost all still marked, in one way or another, by the history of these debates on materialism. (shrink)

While much has been written about the functional profile of intentions, and about their normative or rational status, comparatively little has been said about the subjective authority of intention. What is it about intending that explains the ‘hold’ that an intention has on an agent—a hold that is palpable from her first-person perspective? I argue that several prima facie appealing explanations are not promising. Instead, I maintain that the subjective authority of intention can be explained in terms of the inner (...) structure of intention. In adopting an intention the agent comes to see herself as criticizable depending on whether she executes the intention. This allows us to explain in first-personal terms why the agent becomes disposed to act and deliberate in ways that are characteristic of intention. As intention-formation involves profound changes to reflexive evaluative attitudes, this is the ‘Self-Evaluation’ view of the subjective authority of intention. (shrink)

A long line of writers on Evans – Andy Hamilton, Lucy O'Brien, Jose Bermudez, and Jason Stanley, to name just a few – assess Evans' account of first-person thought without heeding his warnings that his theory comprises an information and an action component. By omitting the action component, these critics are able to characterize Evans' theory as a perceptual model theory and reject it on that ground. This paper is an attempt to restore the forgotten element. With this component (...) put back in, the charge of Evans' theory as a perceptual model of such thoughts falls apart, and the theory turns out to have enough merit to project itself as a legitimate contender for a plausible account of 'I'-thought. (shrink)

A central debate in philosophy of action concerns whether agential knowledge, the knowledge agents characteristically have of their own actions, is inferential. While inferentialists like Paul (2009a) hold that it is inferential, others like O’Brien (2007) and Setiya (2007, 2009, 2008) argue that it is not. In this paper, I offer a novel argument for the view that agential knowledge is non-inferential, by posing a dilemma for inferentialists: on the first horn, inferentialism is committed to holding that agents have only (...) alienated knowledge of their own actions; on the second horn, inferentialism is caught in a vicious regress. Neither option is attractive, so inferentialism should be rejected. (shrink)

In debates about rationalizing action explanation causalists assume that the psychological states that explain an intentional action have both causal and rational features. I scrutinize the presuppositions of those who seek and offer rationalizing action explanations. This scrutiny shows, I argue, that where rational features play an explanatory role in these contexts, causal features play only a presuppositional role. But causal features would have to play an explanatory role if rationalizing action explanation were a species of causal explanation. Consequently, we (...) should conclude that action explanation is not a species of causal explanation. (shrink)

In Disturbed Consciousness, philosophers and other scholars examine various psychopathologies in light of specific philosophical theories of consciousness. The contributing authors—some of them discussing or defending their own theoretical work—consider not only how a theory of consciousness can account for a specific psychopathological condition but also how the characteristics of a psychopathology might challenge such a theory. Thus one essay defends the higher-order thought (HOT) theory of consciousness against the charge that it cannot account for somatoparaphrenia (a delusion in which (...) one denies ownership of a limb). Another essay argues that various attempts to explain away such anomalies within subjective theories of consciousness fail. -/- Other essays consider such topics as the application of a model of unified consciousness to cases of brain bisection and dissociative identity disorder; prefrontal and parietal underconnectivity in autism and other psychopathologies; self-deception and the self-model theory of subjectivity; schizophrenia and the vehicle theory of consciousness; and a shift in emphasis away from an internal (or brainbound) approach to psychopathology to an interactive one. Each essay offers a distinctive perspective from the intersection of philosophy, consciousness research, and psychiatry. -/- Contributors Alexandre Billon, Andrew Brook, Paula Droege, Rocco J. Gennaro, Philip Gerrans, William Hirstein, Jakob Hohwy, Uriah Kriegel, Timothy Lane, Thomas Metzinger, Erik Myin, Inez Myin-Germeys, Myrto Mylopoulos, Gerard O’Brien, Jon Opie, J. Kevin O’Regan, Iuliia Pliushch, Robert Van Gulick . (shrink)

O'Brien & Opie's (O&O's) theory demands a view of unconscious processing that is incompatible with virtually all current PDP models of neural activity. Relative to the alternatives, the theory is closer to an AI than a parallel distributed processing (PDP) perspective, and its treatment of phenomenology is ad hoc. It raises at least one important question: Could features of network relaxation be the “switch” that turns an unconscious into a conscious network?

The Report presents insights which illuminates the intertwinements of European regulatory policies and global governance arrangements. By pinning down the exact nature of the interaction between these two levels, the EU’s dilemma becomes obvious: On the one hand, stronger global governance can be a chance, through which the EU can clarify its own raison d’être of increased integration to the wider world. On the other hand, the design of the European project is being challenged by more assertive global structures. This (...) is especially the case in relation to the WTO regime, which is constraining the decisional autonomy of the EU, regarding the appropriateness of its content and its external effects. Thus, the regulation of services in the EU and the WTO are discussed in the first section of this report. Section two focuses on labour standards, which are analysed from different angles in order to clarify the functions of the WTO and the ILO, multinational companies as well as other private actors within this specific field. The final section deals with the legitimacy problematic of transnational governance. Table of contents: Introduction Christian Joerges and Poul F. Kjaer Section One: Freedom of Services Chapter 1 The Multiple Understandings of Conflict between Trade in Services and Labour Protection Alexia Herwig Chapter 2 Competing in Markets, not Rules: The Conflict over the Single Services Market Susanne K. Schmidt Chapter 3 Competitiveness and Labour Protection: A Comment Markus Krajewski Section Two: Labour Standards Chapter 4 WTO and ILO: Can Social Responsibility be maintained in International Trade? Josef Falke Chapter 5 Reframing RECON: Perspectives on Transnationalisation and Post-national Democracy from Labour Law Claire Methven O’Brien Chapter 6 Transnational Governance and Human Rights: The Obligations of Private Actors in the Global Context Regina Kreide Section Three: The Legitimacy of Transnational Governance Chapter 7 Legitimacy through Precaution in European Regulation of GMOs? From the Standpoint of Governance as Analytical Perspective Maria Weimer Chapter 8 The Justice Deficit of the EU and other International Organisations Jürgen Neyer Chapter 9 Towards Normative Legitimacy of the World Trade Order Alexia Herwig and Thorsten Hüller Chapter 10 From Utopia to Apology – The Return to Inter-state Justice in Normative IR Scholarship: Comments on Neyer and Herwig & Hüller Jens Steffek. (shrink)