While there is an extensive literature on how the precautionary principle should be interpreted and when precautions should be taken, relatively little discussion exists about the fair distribution of costs of taking precautions. We address this issue by proposing a general framework for deciding how costs of precautions should be shared, which consists of a series of default principles that are triggered according to desert, rights, and ability to pay. The framework is developed with close attention to the pragmatics of (...) how distributions will affect actual behaviours. It is intended to help decision-makers think more systematically about distributional consequences of taking precautionary measures, thereby to improve decision-making. Two case studies—one about a ban on turtle fishing in Costa Rica, and one about a deep-sea mining project in Papua New Guinea—are given to show how the framework can be applied. (shrink)

A normative reason for a person to? is a consideration which favours?ing. A motivating reason is a reason for which or on the basis of which a person?s. This paper explores a connection between normative and motivating reasons. More specifically, it explores the idea that there are second-order normative reasons to? for or on the basis of certain first-order normative reasons. In this paper, I challenge the view that there are second-order reasons so understood. I then show that prominent views (...) in contemporary epistemology are committed to the existence of second-order reasons, specifically, views about the epistemic norms governing practical reasoning and about the role of higher-order evidence. If there are no second-order reasons, those views are mistaken. (shrink)

What is a normative reason for acting? In this paper, I introduce and defend a novel answer to this question. The starting-point is the view that reasons are right-makers. By exploring difficulties facing it, I arrive at an alternative, according to which reasons are evidence of respects in which it is right to perform an act, for example, that it keeps a promise. This is similar to the proposal that reasons for a person to act are evidence that she ought (...) to do so; however, as I explain, it differs from that proposal in two significant ways. As a result, I argue, the evidence-based account of reasons I advance shares the advantages of its predecessor while avoiding many of the difficulties facing it. (shrink)

What does the aesthetic ask of us? What claims do the aesthetic features of the objects and events in our environment make on us? My answer in this paper is: that depends. Aesthetic reasons can only justify feelings – they cannot demand them. A corollary of this is that there are no aesthetic obligations to feel, only permissions. However, I argue, aesthetic reasons can demand actions – they do not merely justify them. A corollary of this is that there are (...) aesthetic obligations to act, not only permissions. So, I conclude, the aesthetic asks little of us as patients and much of as agents. (shrink)

A critical survey of recent work in epistemology on higher-order evidence. It discusses the nature of higher-order evidence, some puzzles it raises, responses to those puzzles, and problems facing them. It concludes by indicating connections between debates concerning higher-order evidence in epistemology and parallel debates in ethics and aesthetics.

It is commonly said that some standards, such as morality, are ‘normatively authoritative’ in a way that other standards, such as etiquette, are not; standards like etiquette are said to be ‘not really normative’. Skeptics deny the very possibility of normative authority, and take claims like ‘etiquette is not really normative’ to be either empty or confused. I offer a different route to defeat skeptics about authority: instead of focusing on what makes standards like morality special, we should focus on (...) what makes standards like etiquette ‘not really normative’. I defend a fictionalist theory on which etiquette is ‘not really normative’ in roughly the same way that Sherlock is ‘not really a detective’, and show that fictionalism about some normative standards helps us explain the possibility of normative authority. (shrink)

I defend the cosmopolitan instrumentalist theory of secession, according to which a group has a right to secede only if this would promote cosmopolitan justice. I argue that the theory is preferable to other theories of secession because it is an entailment of cosmopolitanism, which is independently attractive, and because, unlike other theories of secession, it allows us to give the answers we want to give in cases like secession of the rich or secession that would make things worse for (...) minorities. I defend the view against the objections that it allows for colonialism and annexation, that it is not a distinct theory, and that it is impractical. (shrink)

There has been much debate over whether to accept the claim that meaning is normative. One obstacle to making progress in that debate is that it is not always clear what the claim amounts to. In this paper, I try to resolve a dispute between those who advance the claim concerning how it should be understood. More specifically, I critically examine two competing conceptions of the normativity of meaning, rejecting one and defending the other. Though the paper aims to settle (...) a dispute among proponents of the claim that meaning is normative, it should be of interest to those who challenge it. After all, before one takes aim, one’s target needs to be in clear view. (shrink)

This paper explores the role of generics in social cognition. First, we explore the nature and effects of the most common form of generics about social kinds. Second, we discuss the nature and effects of a less common but equally important form of generics about social kinds. Finally, we consider the implications of this discussion for how we ought to use language about the social world.

A central debate in philosophy of race is between eliminativists and conservationists about what we ought do with ‘race’ talk. ‘Eliminativism’ is often defined such that it’s committed to holding that (a) ‘race’ is vacuous and races don’t exist, so (b) we should eliminate the term ‘race’ from our vocabulary. As a stipulative definition, that’s fine. But as an account of one of the main theoretical options in the debate, it’s a serious mistake. I offer three arguments for why eliminativism (...) should not be tethered to vacuity or error theory, and three arguments for why the view shouldn’t be understood in terms of eliminating the term ‘race’ from our vocabulary. Instead, I propose we understand the debate as concerning whether certain uses of ordinary race terms are typically wrong. This proposal is quite simple, and naturally suggested by the common gloss that eliminativism about ‘race’ is akin to a commonsensical view about 'witch' talk. But nonetheless, I argue that it offers a significant recharacterization of this core debate in philosophy of race. (shrink)

“X-Firsters” hold that there is some normative feature that is fundamental to all others (and, often, that there’s some normative feature that is the “mark of the normative”: all other normative properties have it, and are normative in virtue of having it). This view is taken as a starting point in the debate about which X is “on first.” Little has been said about whether or why we should be X-Firsters, or what we should think about normativity if we aren’t (...) X-Firsters. Hence the chapter’s two main goals. First, to provide a simple argument that one shouldn’t be an X-Firster about the normative domain, which starts with the observation that analogous views have dubious merits in analogous domains. Second, to offer an alternative view—taking normativity to be a determinable explained in terms of its determinates—that offers an interesting way to think about the structure and unity of normativity. (shrink)

In this paper, I show that, in a number of publications in the early 1950s, Margaret Macdonald argues that art does not admit of definition, that art is—in the sense associated with Wittgenstein—a family resemblance concept, and that definitions of art are best understood as confused or poorly expressed contributions to art criticism. This package of views is most typically associated with a famous paper by Morris Weitz from 1956. I demonstrate that Macdonald advanced that package prior to Weitz, indeed, (...) prior to any other philosopher of art of the period. Despite this, Macdonald’s contribution is nowhere to be found in the subsequent literature on the definition of art. In closing, I raise the prospect that Macdonald was in fact the primary influence on the development of Weitz’s critique of the definitional project. (shrink)

Supporters of open borders sometimes argue that the state has no pro tanto right to restrict immigration, because such a right would also entail a right to exclude existing citizens for whatever reasons justify excluding immigrants. These arguments can be defeated by suggesting that people have a right to stay put. I present a new form of the exclusion argument against closed borders which escapes this “right to stay put” reply. I do this by describing a kind of exclusion that (...) has not been discussed in depth, which I call “territorial exclusion.” Territorial exclusion is the process according to which the group that wishes to exclude current citizens secedes from the territory in which those citizens reside. I argue that the wrongness of territorial exclusion explains why there is no pro tanto right for a state to exclude immigrants, because otherwise there would be a pro tanto right for the state to kick people out by seceding from the territory they inhabit. Because kicking people out like this is typically wrong, borders cannot be closed. (shrink)

We should conceive of illegal covert animal rescue as acts of “subrevolution” rather than as civil disobedience. Subrevolutions are revolutions that aim to overthrow some part of the government rather than the entire government. This framework better captures the relevant values than the opposing suggestion that we treat illegal covert animal rescue as civil disobedience. If animals have rights like the right not to be unjustly imprisoned and mistreated, then it does not make sense that an instance of animal rescue (...) will be justifiable only if it meets criteria for justified civil disobedience, e.g., the requirement that the civil disobedient not rescue more animals than would be necessary to communicate their message. Thus, the framework of subrevolution is a more apt way to analyze animal rescue. (shrink)

Well-being measurements are frequently used to support conclusions about a range of philosophically important issues. This is a problem, because we know too little about the intervals of the relevant scales. I argue that it is plausible that well-being measurements are non-linear, and that common beliefs that they are linear are not truth-tracking, so we are not justified in believing that well-being scales are linear. I then argue that this undermines common appeals to both hypothetical and actual well-being measurements; I (...) first focus on the philosophical literature on prioritarianism and then discuss Kahneman’s Peak-End Rule as a systematic bias. Finally, I discuss general implications for research on well-being, and suggest a better way of representing scales. (shrink)

The distinction between objective and subjective reasons plays an important role in both folk normative thought and many research programs in metaethics. But the relation between objective and subjective reasons is unclear. This paper explores problems related to the unity of objective and subjective reasons for actions and attitudes and then offers a novel objectivist account of subjective reasons.

It is commonly held that p is a reason for A to ϕ only if p explains why A ought to ϕ. I argue that this view must be rejected because there are reasons for A to ϕ that would be redundant in any ex...

In ‘Colonialism, territory and pre-existing obligations,’ Cara Nine argues that Lea Ypi’s account of the wrongness of colonialism has a hole in it: Ypi leaves open the possibility of justified settler colonialism. Nine suggests that we can patch this hole by attaching value to existing political associations. But Nine’s solution has its own hole. Many political associations exist due to settler colonialism, and thus if we endorse the value of these associations we seem to endorse colonialism. In response, we could (...) say that past colonial injustices have been remediated or superseded. Or, we could leave the hole open: colonialism is sometimes justified. I argue that, surprisingly, the second option is likely preferable, because it does not require us to say that the injustices of colonialism are gone, and because it points towards a better theory of colonialism’s wrongness than Ypi’s: cosmopolitan instrumentalism, according to which colonialism is wrong only when it is unjust according to one’s overall theory of cosmopolitan justice. (shrink)

In this paper, I offer a new interpretation of Margaret Cavendish’s remarks on beauty. According to it, Cavendish takes beauty to be a real, response-independent quality of objects. In this sense, Cavendish is an aesthetic realist. This position, which remains constant throughout her philosophical writings, contrasts with the non-realist views that were soon after to dominate philosophical reflections on matters of taste in the early modern period. It also, I argue, contrasts with the realism of Cavendish’s contemporary, Henry More. While (...) there are passages in Cavendish’s work that might seem to count against my reading—specifically, passages on disagreement in aesthetic judgement, on the power of beauty to elicit the passions, and on our inability to specify the nature of beauty—I show that, when situated against the background of Cavendish’s broader metaphysical and epistemological views, those passages in fact support the realist interpretation. (shrink)

This paper defends the epistemic account of the normativity of requests. The epistemic account says that a request does not create any reasons and thus does not have any special normative power. Rather, a request gives reasons by revealing information which is normatively relevant. I argue that compared to competing accounts of request normativity, especially those of David Enoch and James H.P. Lewis, the epistemic account gives better answers to cases of insincere requests, is simpler, and does a better job (...) incorporating the importance of relationships. I also defend the epistemic account from three objections: that requests are important because they constitute consent, that requests and wishes must be normatively different, and that some requests do not provide any new information. (shrink)

The U.S. election in November 2016 raised and amplified doubts about first-past-the-post (“plurality rule”) electoral systems. Arguments against plurality rule and for alternatives like preferential voting tend to be consequentialist: it is argued that systems like preferential voting produce different, better outcomes. After briefly noting why the consequentialist case against plurality rule is more complex and contentious than it first appears, I offer an expressive alternative: plurality rule produces actual or apparent dilemmas for voters in ways that are morally objectionable, (...) and avoidable under preferential voting systems. This expressive case against plurality rule is both simpler and more ecumenical than its consequentialist counterpart, and it provides strong reasons to prefer alternatives to plurality rule. Moreover, it suggests a distinct way of evaluating different alternatives like preferential voting. (shrink)

Analytic Philosophy, Volume 62, Issue 1, Page 33-56, March 2021.

First-order evidence is evidence which bears on whether a proposition is true. Higher-order evidence is evidence which bears on whether a person is able to assess her evidence for or against a proposition. A widespread view is that higher-order evidence makes a difference to whether it is rational for a person to believe a proposition. In this paper, I consider in what way higher-order evidence might do this. More specifically, I consider whether and how higher-order evidence plays a role in (...) determining what it is rational to believe distinct from that which first-order evidence plays. To do this, I turn to the theory of reasons, and try to situate higher-order evidence within it. The only place I find for it there, distinct from that which first-order evidence already occupies, is as a practical reason, that is, as a reason for desire or action. One might take this to show either that the theory of reasons is inadequate as it stands or that higher-order evidence makes no distinctive difference to what it is rational to believe. I tentatively endorse the second option. (shrink)

The last two decades have seen a surge of support for normative quietism: most notably, from Dworkin, Nagel, Parfit and Scanlon. Detractors like Enoch and McPherson object that quietism is incompatible with realism about normativity. The resulting debate has stagnated somewhat. In this paper I explore and defend a more promising way of developing that objection: I’ll argue that if normative quietism is true, we can create reasons out of thin air, so normative realists must reject normative quietism.

We argue that generic generalizations about racial groups are pernicious in what they communicate (both to members of that racial group and to members of other racial groups), and may be central to the construction of social categories like racial groups. We then consider how we should change and challenge uses of generic generalizations about racial groups.

I argue that existing objectivist accounts of subjective reasons face systematic problems with cases involving probability and possibility. I then offer a diagnosis of why objectivists face these problems, and recommend that objectivists seek to provide indirect analyses of subjective reasons.

The expressivist advances a view about how we explain the meaning of a fragment of language, such as claims about what we morally ought to do. Critics evaluate expressivism on those terms. This is a serious mistake. We don’t just use that fragment of language in isolation. We make claims about what we morally, legally, rationally, and prudentially ought to do. To account for this linguistic phenomenon, the expressivist owes us an account not just of each fragment of language, but (...) of how they weave together into a broader tapestry. I argue that expressivists face a dilemma in doing so: either they fail to explain the univocality of terms like 'ought', or they fail to explain when normative statements are and aren't inconsistent. (shrink)

Sarah McGrath argues that moral perception has an advantage over its rivals in its ability to explain ordinary moral knowledge. I disagree. After clarifying what the moral perceptualist is and is not committed to, I argue that rival views are both more numerous and more plausible than McGrath suggests: specifically, I argue that inferentialism can be defended against McGrath’s objections; if her arguments against inferentialism succeed, we should accept a different rival that she neglects, intuitionism; and, reductive epistemologists can appeal (...) to non-naturalist commitments to avoid McGrath’s counterexamples. (shrink)

What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements between these views precise, I show how linguistic (...) data militates against both rivals to the generic meaning view, and argue that this has significant implications for jurisprudence. (shrink)

This essay offers an account of Kierkegaard’s view of the limits of thought and of what makes this view distinctive. With primary reference to Philosophical Fragments, and its putative representation of Christianity as unthinkable, I situate Kierkegaard’s engagement with the problem of the limits of thought, especially with respect to the views of Kant and Hegel. I argue that Kierkegaard builds in this regard on Hegel’s critique of Kant but that, against Hegel, he develops a radical distinction between two types (...) of thinking and inquiry: the ‘aesthetic-intellectual’ and the ‘ethico-religious’. I clarify this distinction and show how it guides Kierkegaard’s conception of a form of philosophical practice that involves drawing limits to the proper sphere of disinterested contemplation. With reference to two rival interpretations of Kierkegaard’s approach to the limits of thought—which I call ‘bullet-biting’ and ‘relativizing’—I further show how my ‘disambiguating’ account can better explain how, and why, his work courts a form of self-referential incoherence, in which it appears that certain limits of thought are at once affirmed and violated. (shrink)

Mandatory minimum sentencing provisions have been a feature of the U.S. justice system since 1790. But they have expanded considerably under the war on drugs, and their use has expanded considerably under the Trump Administration; some states are also poised to expand drug-related mandatory minimums further in efforts to fight the current opioid epidemic. In this paper I outline and evaluate three prominent arguments for and against the use of mandatory minimums in the war on drugs—they appeal, respectively, to proportionality, (...) consistency, and efficiency. I ultimately defend the view that the use of mandatory minimums in the war on drugs is unjust. -/- . (shrink)

This essay re-examines Kierkegaard's view of Socrates. I consider the problem that arises from Kierkegaard's appeal to Socrates as an exemplar for irony. The problem is that he also appears to think that, as an exemplar for irony, Socrates cannot be represented. And part of the problem is the paradox of self-reference that immediately arises from trying to represent x as unrepresentable. On the solution I propose, Kierkegaard does not hold that, as an exemplar for irony, Socrates is in no (...) way representable. Rather, he holds that, as an exemplar for irony, Socrates cannot be represented in a purely disinterested way. I show how, in The Concept of Irony, Kierkegaard makes use of 'limiting cases' of representation in order to bring Socrates into view as one who defies purely disinterested representation. I also show how this approach to Socrates connects up with Kierkegaard's more general interest in the problem of ethical exemplarity, where the problem is how ethical exemplars can be given as such, that is, in such a way that purely disinterested contemplation is not the appropriate response to them. (shrink)

If a reliable testifier tells you that a song is beautiful or that an act is wrong, do you thereby have a reason to approve of the painting and disapprove of the agent's action? Many insist that we don’t: normative testimony does not give us reasons for affective attitudes like approval. This answer is often treated as a datum in the literatures on moral and aesthetic testimony. I argue that once we correct for a common methodological mistake in these literatures, (...) the answer must be Yes. I then show why this matters for the broader discussion of the puzzle(s) posed by deference to moral and aesthetic testimony. (shrink)

This paper reexamines Kierkegaard's work with respect to the question whether truth is one or many. I argue that his famous distinction between objective and subjective truth is grounded in a unitary conception of truth as such: truth as self-coincidence. By explaining his use in this context of the term ‘redoubling’ [Fordoblelse], I show how Kierkegaard can intelligibly maintain that truth is neither one nor many, neither a simple unity nor a complex multiplicity. I further show how these points shed (...) much-needed light on the relationship between objective and subjective truth, conceived not as different kinds or species of truth but as different ways in which truth manifests itself as a standard of success across different contexts of inquiry. (shrink)

Kammerer and Frankish (this issue) aim to set out a new research programme concerning introspection. I argue they have done no such thing, since the definition they are working with is too general. I further argue that, while it is possible to restrict the definition and so formulate a related research programme, this will have a different shape to the one they envisage.

Many commentators lament that American democracy is in crisis. It is becoming a system of minority rule, wherein a party with a minority of the nationwide vote can control the national government. Partisan gerrymandering in the House of Representatives fuels this crisis, as does the equal representation of small and large states in the Senate. But altering these features of the legislature would not end minority rule. Indeed, it has long been held that majority rule cannot be guaranteed within any (...) district system, as a minority of voters nationwide can be efficiently distributed such that a minority party wins a majority of districts by narrow margins. -/- This Article offers a way to save majority rule. Since the way a party can gain control of the legislature with a minority of the vote is to win a majority of districts by narrow margins of victory and lose a minority of districts by large margins of victory, the solution is to make margins matter. Hence, this Article proposes that we preserve electoral districts in which the candidate with the most votes wins, while making the weight of their vote in the legislature (a representative’s “legislative power”) a function of margins of victory. The first goal of this Article is to outline how this proposal, which I call “weighted voting by margin of victory” (WVMV), retains the democratic virtues of district systems while ending minority rule. This is the first basis for the democratic imperative to make margins matter. -/- There is, however, a second basis for that same imperative, which turns on the political equality of voters. The U.S. Supreme Court has long held that the democratic equality should be understood in terms of equal voting power (one person, one vote). But when margins of victory don’t matter, the power of a vote lies exclusively in its potential decisiveness. A vote that changes the margin of victory without changing the victor is “wasted”. But it is an electoral reality that votes in competitive districts are more likely to be decisive, and votes in uncompetitive districts are more likely to be wasted; as a result, candidates and parties are more responsive to some voters than others. So voters are not political equals. They do not have equal voting power, except in an empty formalistic sense. By contrast, WVMV gives votes a second type of power. The power of a vote is to potentially decide who wins and to actually change the legislative power of the victor. Each vote, in effect, transfers a unit of political power to a democratic representative. This “transference” power can be meaningfully equalized between voters. A voter in an uncompetitive district is far less likely to change who wins, but is equally able to change the margin of victory, such that their vote is no longer wasted. This gives candidates and parties a strong reason to be more equally responsive to all voters who can change the margins. Hence, there is a democratic imperative to make margins matter, in order to give voters a meaningfully equal form of voting power. -/- The final goal of this Article is to explain how we can implement WMVM in modern democracies, focusing on three particularly challenging cases: the U.S. Senate, the Parliament of the United Kingdom, and the U.S. House of Representatives. These cases are challenging for several reasons, the most pertinent of which turn on the ways we should understand margins of victory when electorates are of unequal sizes (as in the U.S. Senate) or are contested by more than two parties (as in the U.K.) or are conducted under different voting procedures (as in many districts in the U.S. House). I argue that WVMV should be considered feasible in such contexts, and hence offers a practical, rather than purely theoretical, alternative to the status quo. (shrink)

This paper reconsiders certain of Kierkegaard's criticisms of Hegel's theoretical philosophy in the light of recent interpretations of the latter. The paper seeks to show how these criticisms, far from being merely parochial or rhetorical, turn on central issues concerning the nature of thought and what it is to think. I begin by introducing Hegel's conception of "pure thought" as this is distinguished by his commitment to certain general requirements on a properly philosophical form of inquiry. I then outline Hegel's (...) strategy for resolving a crucial problem he takes himself to face. For his account of the nature of thought depends upon the idea of a form of inquiry in which nothing whatsoever is presupposed; but this idea appears basically paradoxical inasmuch as the mere act of beginning to inquire in a certain way embodies an assumption about how it is appropriate to begin. Turning to Kierkegaard, I consider a key objection to the effect that Hegel's strategy for resolving this paradox depends on the incoherent idea of a purely reflexive act of thinking. Finally, I draw out some central features of the alternative account of "situated" thought and inquiry which Kierkegaard presents as distinctively Socratic. (shrink)

In the first part of this essay (Sections I and II), I argue that Kierkegaard's work helps us to articulate and defend two basic requirements on searching for knowledge of one's own judgements: first, that searching for knowledge whether one judges that P requires trying to make a judgement whether P; and second that, in an important range of cases, searching for knowledge of one's own judgements requires attending to how one's acts of judging are performed. In the second part (...) of the essay (Sections III and IV), I consider two prima facie problems regarding this conception of searching for knowledge of one's own judgements. The first problem concerns how in general one can coherently try to meet both these requirements at once; the second, how in particular one can try to attend to one's own acts of judging. I show how Kierkegaard's work is alive to both these problems, and helps us to see how they can be resolved. (shrink)

I argue that death can be (and sometimes is) bad for cattle because it destroys relationships that are valuable for cattle for their own sake. The argument relies on an analogy between valuable human relationships and relationships cattle form with conspecifics. I suggest that the reasons we have for thinking that certain rich and meaningful human relationships are valuable for their own sake should also lead us to think that certain cattle relationships are valuable for their own sake. And just (...) as death is bad for us when it destroys our valuable relationships, so death is bad for cattle when it destroys their valuable relationships. This argument is important because it pinpoints something that is bad about death for cattle that is overlooked by popular accounts of the badness of death for non-human animals that focus exclusively on the impact of death on lifetime well-being levels. Thus, the argument reveals an overlooked moral cost of some of our farming practices. (shrink)

According to an influential reading of his later philosophy, Wittgenstein thinks that nonsense can result from combining expressions in ways prohibited by the rules to which their use is subject. According to another influential reading, the later Wittgenstein thinks that nonsense only ever results from privation—that is, from a failure to assign a meaning to one or more of the relevant expressions. This chapter challenges Glock’s defence of the view that the later Wittgenstein allows for combinatorial nonsense. In doing so, (...) it defends a version of the privation view. According to it, Wittgenstein thinks that nonsense results, not so much from a failure to assign a meaning to an expression, as a failure to use an expression in a way that has a point or purpose. As the chapter shows, this interpretation is consistent with prominent themes in Wittgenstein’s later philosophy, such as that meaning and explanation are coordinate notions, that for a word to have a meaning is for there to be a rule-governed practice of using it, that the rules of the practice are arbitrary, and that they determine the bounds of sense. (shrink)

There are at present two ways in which to evaluate religiously-based claims to accommodation in the legal context. The first, objective approach holds that these claims should be grounded in « facts of the matter » about the religions in question. The second, subjective approach, is grounded in an appreciation by the courts of the sincerity of the claimant. The first approach has the advantage of accounting for the difference between two constitutional principles : freedom of conscience on the one (...) hand, and freedom of religion on the other. It has the disadvantage of transforming courts into expert bodies on religious matters. The subjective approach has a harder time accounting for the distinction. It also risks giving rise to a proliferation of claims. A plausible synthesis between the two approaches requires that we uncover the normative grounds justifying the granting by liberal democracies of religious accommodation. An analogous argument to that put forward by Kymlicka in the case of minority nations identifies the interest that citizens have in being able to exercise their « cultural agency » : the creative reappropriation and reinterpretation of the rituals, practices and norms of religious traditions.Il existe à l’heure actuelle dans le contexte juridique deux principales approches à l’évaluation de la légitimité des demandes d’accommodement pour des motifs religieux. La première, objective, affirme que ces demandes doivent pouvoir s’appuyer dans des faits concernant la religion en question. La seconde, subjective, s’appuie sur l’appréciation de la sincérité de la demande faite par le requérant. La première approche a l’avantage de rendre compte de la distinction entre les deux principes constitutionnels que sont, d’une part, la liberté de conscience, et de l’autre, la liberté de religion. Elle a l’inconvénient de tendre à ériger les tribunaux en « experts » sur des questions religieuses. L’approche subjective rend plus difficilement compte de la distinction entre les deux principes, et de plus risque de donner lieu à une prolifération de demandes. Pour atteindre une synthèse plausible de ces deux approches, il nous faut identifier les fondements normatifs justifiant l’intérêt que les démocraties libérales ont à reconnaître une telle catégorie d’accommodements. En prenant appui dans le célèbre argument de Kymlicka justifiant les droits de nations minoritaires, nous pouvons identifier un intérêt que ces types d’État ont à protéger les conditions permettant aux citoyens de manifester leur « agentivité culturelle », leur capacité à s’identifier en se les réappropriant et en les réinterprétant les normes, pratiques et rites issues de traditions religieuses. (shrink)

Mary Kate McGowan’s Just Words offers an interesting account of exercitives. On McGowan’s view, one of the things we do with words is change what’s permitted, and we do this ubiquitously, without any special authority or specific intention. McGowan’s account of exercitives is meant to identify a mechanism by which ordinary speech is harmful, and which justifies the regulation of such speech. It is here that I part ways. I make three main arguments. First, McGowan’s focus on harm is misguided; (...) that ordinary speech is harmful is harder to support, and in turn does not less to support conclusions about whether it is wrong and warrants regulation, than Just Words suggests. Second, if the speech is harmful, McGowan’s account of exercitives is ill-suited to explain why; the relevant instances of ordinary speech seem to express speakers’ views about moral norms, not change social norms. Third, McGowan’s argument for why ordinary speech should be regulated because it is a form of discrimination presupposes a great deal that is controversial about what makes discrimination wrong and legally actionable, and even if it is right it may license the regulation of more speech than many, including McGowan, would deem acceptable. (shrink)

What is consciousness and why is it so philosophically and scientifically puzzling? For many years philosophers approached this question assuming a standard physicalist framework on which consciousness can be explained by contemporary physics, biology, neuroscience, and cognitive science. This book is a debate between two philosophers who are united in their rejection of this kind of "standard" physicalism - but who differ sharply in what lesson to draw from this. Amy Kind defends dualism 2.0, a thoroughly modern version of dualism (...) (the theory that there are two fundamentally different kinds of things in the world: those that are physical and those that are mental) decoupled from any religious or non-scientific connotations. Daniel Stoljar defends non-standard physicalism, a kind of physicalism different from both the standard version and dualism 2.0. The book presents a cutting-edge assessment of the philosophy of consciousness and provides a glimpse at what the future study of this area might bring. (shrink)

According to ethical objectivism, what a person should do depends on the facts, as opposed to their perspective on the facts. A long-standing challenge to this view is that it fails to accommodate the role that norms play in guiding a person’s action. Roughly, if the facts that determine what a person should do lie beyond their ken, they cannot inform a person’s deliberations. This paper explores two recent developments of this line of thought. Both focus on the epistemic counterpart (...) to ethical objectivism, according to which what a person should believe depends on the facts, as opposed to their perspective on the facts. The suggestion in each case is that epistemic objectivism faces a distinctive problem in accommodating guidance. Insofar as objectivism concerning the epistemic domain stands or falls with objectivism concerning the ethical domain, this is a problem for objectivism more generally. In this paper, I show that those arguments are not successful. The upshot is that the objectivist – whether ethical or epistemic – need not reject the idea that norms serve a guiding function. (shrink)

Sobel sequences have had a huge impact on the discussion of counterfactuals. They can be composed of conditionals and mere descriptions. What is especially puzzling about them is that they are often felicitously uttered when their reversal is not. Up to now, there is no unified explanation. I examine two strategies. We might begin with conditionals and proceed to descriptions. Or we might begin with descriptions and proceed to conditionals. I argue for the latter variant and outline a universal theory (...) of Sobel sequences in terms of presuppositional anaphora. One relevant result is that the phenomenon neither counts against nor in favour of the simplified standard account of counterfactuals à la Stalnaker-Lewis. (shrink)

This essay considers the critical response to Hegel's view of Socrates we find in Kierkegaard's dissertation, The Concept of Irony. I argue that this dispute turns on the question whether or not the examination of particular thinkers enters into Socrates’ most basic aims and interests. I go on to show how Kierkegaard's account, which relies on an affirmative answer to this question, enables him to provide a cogent defence of Socrates' philosophical practice against Hegel's criticisms.

We defend a functionalist approach to emotion that begins by focusing on emotions as central states with causal connections to behavior and to other cognitive states. The approach brackets the conscious experience of emotion, lists plausible features that emotions exhibit, and argues that alternative schemes are unpromising candidates. We conclude with the benefits of our approach: one can study emotions in animals; one can look in the brain for the implementation of specific features; and one ends up with an architecture (...) of the mind in which emotions are fully accommodated through their relations to the rest of cognition. Our article focuses on arguing for this general approach; as such, it is an essay in the philosophy of emotion rather than in the psychology or neuroscience of emotion. (shrink)

Neuroscientists have in recent years turned to building models that aim to generate predictions rather than explanations. This “predictive turn” has swept across domains including law, marketing, and neuropsychiatry. Yet the norms of prediction remain undertheorized relative to those of explanation. I examine two styles of predictive modeling and show how they exemplify the normative dynamics at work in prediction. I propose an account of how predictive models, conceived of as technological devices for aiding decision-making, can come to be adequate (...) for purposes that are defined by both their guiding research questions and their larger social context of application. (shrink)

This paper argues for a methodological point that bears on a relatively long-standing debate concerning collective beliefs in the sense elaborated by Margaret Gilbert: are they cases of belief or rather of acceptance? It is argued that epistemological accounts and distinctions developed in individual epistemology on the basis of considering the individual case are not necessarily applicable to the collective case or, more generally, uncritically to be adopted in collective epistemology.

Many philosophers are very sanguine about the cognitive contributions of fiction to science and philosophy. I focus on a case study: Ichikawa and Jarvis’s account of thought experiments in terms of everyday fictional stories. As far as the contribution of fiction is not sui generis, processing fiction often will be parasitic on cognitive capacities which may replace it; as far as it is sui generis, nothing guarantees that fiction is sufficiently well-behaved to abide by the constraints of scientific and philosophical (...) discourse, not even by the minimum requirements of conceptual and logical coherence. (shrink)