This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions,bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby.The article then turns to ethics. Lobbying involves deliberate attempts to effect changes in the law. An argument is advanced that because law implicates (...) the use of force and because law ideally reflects the values of a democratic society, seeking to slant the law to serve a client’s narrow interests cannot provide an adequate ethical end for a lobbyist. On the contrary, a lobbyist has an affirmative moral duty to seek reasonably balanced and just laws. The article examines, refines, and defends this proposition in a number of settings. (shrink)

The counterintuitive implications of law necessitarianism pose a far more serious threat than its proponents recognize. Law necessitarians are committed to scientific essentialism, the thesis that there are metaphysically necessary truths which can be known only a posteriori. The most frequently cited arguments for this position rely on modal intuitions. Rejection of intuition thus threatens to undermine it. I consider ways in which law necessitarians might try to defend scientific essentialism without invoking intuition. I then consider ways in which law (...) necessitarians who accept the general reliability of intuition might try to explain away the intuitions which conflict with their theory. (shrink)

Newton’s First Law of Motion is typically understood to govern only the motion of force-free bodies. This paper argues on textual and conceptual grounds that it is in fact a stronger, more general principle. The First Law limits the extent to which any body can change its state of motion –– even if that body is subject to impressed forces. The misunderstanding can be traced back to an error in the first English translation of Newton’s Principia, which was published a (...) few years after Newton’s death. (shrink)

Kant infamously opposes not only revolution but also any resistance or disobedience by citizens that aims to compel states to reform themselves. This paper argues that, in fact, the Kantian account of the legitimate state has the resources for a distinctive justification of principled disobedience, including even violent or destructive resistance, that applies to citizens of contemporary Western democracies. When a state fails to enforce the law equally, this lack of equal enforcement can deprive some citizens of the equal assurance (...) of the security of their rights that, on the Kantian account, forms part of the very basis of the state’s claim of legitimate authority. This failure of equal enforcement of the law will thus be a defect of legitimacy and, as a result, those citizens may engage not only in civil disobedience but also in uncivil disobedience, even violent or destructive resistance, in order to compel the state to reform itself. In this context, such disobedience or resistance will count as furthering rather than undermining the project of governance by legitimate law. (shrink)

The aim of this paper is to analyze a selection of arguments used by the Argentine Supreme Court to reduce the sentence of individuals convicted of crimes against humanity. The focus will be primarily centered on “Muiña´s case”, in which a lenient outdated ruling was made. The questions that this work will try to answer revolve around the court´s merit in issuing this lenient ruling to Muiña´s case and its justification. First, Muiña´s case is analyzed in depth. Then, a critical (...) analysis about the ruling and a decision concerning the existence of a true justification will be developed. Finally, we will discuss the appropriateness of the Court’s decision in Muiña´s case as opposed to the decision made in “Batalla´s case”, in which a less beneficial law was applied retroactively. (shrink)

There are at least two threads in our thought and talk about rationality, both practical and theoretical. In one sense, to be rational is to respond correctly to the reasons one has. Call this substantive rationality. In another sense, to be rational is to be coherent, or to have the right structural relations hold between one’s mental states, independently of whether those attitudes are justified. Call this structural rationality. According to the standard view, structural rationality is associated with a distinctive (...) set of requirements that mandate or prohibit certain combinations of attitudes, and it’s in virtue of violating these requirements that incoherent agents are irrational. I think the standard view is mistaken. The goal of this paper is to explain why, and to motivate an alternative account: rather than corresponding to a set of law-like requirements, structural rationality should be seen as corresponding to a distinctive kind of pro tanto rational pressure—i.e. something that comes in degrees, having both magnitude and direction. Something similar is standardly assumed to be true of substantive rationality. On the resulting picture, each dimension of rational evaluation is associated with a distinct kind of rational pressure—substantive rationality with (what I call) justificatory pressure and structural rationality with attitudinal pressure. The former is generated by one’s reasons while the latter is generated by one’s attitudes. Requirements turn out to be at best a footnote in the theory of rationality. (shrink)

A common theme from certain circles during the Yugoslav wars was that the seceding republics lacked a right to secede, but that if a right were accorded them by the EC or international community, it would have to be granted to the Serbian minorities in these republics, especially in Bosnia and Herzegovina, on pain of inconsistency. This microcosm argument is in fact unsound. On a reasonable conception of a right of self-determination and secession elaborated here, the Republic of Bosnia and (...) Herzegovina enjoyed a right of secession, while Bosnian Serbs did not. Nor did Bosnian Serbs restrict their claim to such a right to territories in which they held a majority; rather, they demanded "secession" for a whole swathe of lands which lacked even a Serb plurality before their brutal "ethnic cleansing". Either voluntarist or ethnicist conceptions of a right of secession might have been construed as supporting the microcosm argument, but both of those are terrible conceptions of the right of self-determination and secession. (shrink)

The potential to collect brain data more directly, with higher resolution, and in greater amounts has heightened worries about mental and brain privacy. In order to manage the risks to individuals posed by these privacy challenges, some have suggested codifying new privacy rights, including a right to “mental privacy.” In this paper, we consider these arguments and conclude that while neurotechnologies do raise significant privacy concerns, such concerns are—at least for now—no different from those raised by other well-understood data collection (...) technologies, such as gene sequencing tools and online surveillance. To better understand the privacy stakes of brain data, we suggest the use of a conceptual framework from information ethics, Helen Nissenbaum’s “contextual integrity” theory. To illustrate the importance of context, we examine neurotechnologies and the information flows they produce in three familiar contexts—healthcare and medical research, criminal justice, and consumer marketing. We argue that by emphasizing what is distinct about brain privacy issues, rather than what they share with other data privacy concerns, risks weakening broader efforts to enact more robust privacy law and policy. (shrink)

Debunking arguments—also known as etiological arguments, genealogical arguments, access problems, isolation objec- tions, and reliability challenges—arise in philosophical debates about a diverse range of topics, including causation, chance, color, consciousness, epistemic reasons, free will, grounding, laws of nature, logic, mathematics, modality, morality, natural kinds, ordinary objects, religion, and time. What unifies the arguments is the transition from a premise about what does or doesn't explain why we have certain mental states to a negative assessment of their epistemic status. I examine (...) the common, underlying structure of the arguments and the different strategies for motivating and resisting the premises of debunking arguments. (shrink)

While epistemologists have long debated what it takes for beliefs to be justified, they've devoted much less collective attention to the question of what it takes for beliefs to be excused, and how excuses differ from justifications. This stands in contrast to the state of affairs in legal scholarship, where the contrast between justifications and excuses is a standard topic in introductory criminal law textbooks. My goal in this paper is to extract some lessons from legal theory for epistemologists seeking (...) to distinguish epistemic justifications from epistemic excuses. First, I'll provide a brief overview of appeals to the justification/excuse distinction in epistemology, focusing on the internalism/externalism debate. Then, I'll identify some choice points in legal theory for how to think about the function of the justification/excuse distinction, and will in turn correspond to analogous choice points in epistemology. Ultimately, I'll argue that depending on which way we go at some crucial junctures, we can motivate either a traditional, non‐factive, internalist conception of justification, or a purely factive one where truth is all that's required for a belief to be justified. But there's no clear path, via legal theory, to view that only beliefs that amount to knowledge are justified. (shrink)

Piero Moraro argues that people who engage in civil disobedience do not have a pro tanto reason to accept punishment for breaking the law, although they do have a duty to undergo prosecution. This is because they have a duty to answer for their actions, and the state serves as an agent of the people by calling the lawbreaker to answer via prosecution. I argue that Moraro does not go far enough. Someone who engages in civil disobedience does not even (...) have to show up for the trial, provided that they answer for their actions adequately via some other means. This is because sometimes states are not agents of the people who can call lawbreakers to account, and even those states which are agents cannot demand that lawbreakers answer for their crimes in the form of a trial. (shrink)

According to a view that goes by “Humeanism,” causal facts supervene on patterns of worldly entities. The simplest form of Humeanism is the constant conjunction theory: a particular type-F thing causes a particular type-G thing iff (i) that type-Fis conjoined with that type-G thing and (ii) all F’s are conjoined with G’s. The constant conjunction theory implies that all causation is extrinsic, in the following sense: for all positive causal facts pertaining to each possible region,it’s extrinsic to that region that (...) those causal facts pertain to it. Actual Humeans don’t accept the constant conjunction theory; they accept more sophisticated versions of Humeanism. But I argue that they, too, are committed to the thesis that all causation is extrinsic. In arguing for this claim,I use a discussion from Brian Weatherson as a springboard. Weatherson argues that on a plausible Humean view, some regions are such that all of their possible duplicates have the same or similar natural laws. I show that this is false. If Humeanism is true, then for every possible region, there are possible duplicates of that region with utterly alien natural laws. As a consequence, no causal facts pertain intrinsically to any region. (shrink)

Among the many problems facing u.s. immigration law is a crisis of discretion and judicial deference. Through two recently passed laws, the United States Congress and the President have seriously limited judicial review o f discretionary immigration decisions o f the Board ofImmigration Appeals. This Article focuses on this preclusion of judicial review of discretionary agency decisions. The Article begins with an examination ofdiscretion from a theoretical perspective, and goes on to examine areas o f immigration law in which discretion (...) was traditionally most imponant. That examination is followed by a discussion of immigration-law scholarship and critique. The Article concludes that what is needed in U.S. immigration law is greater restraint, and calls on the Judiciary to provide more oversight regarding discretionary agency decisions. (shrink)

Since the early nineteenth century a membrane or wall has been central to the cell’s identity as the elementary unit of life. Yet the literally and metaphorically marginal status of the cell membrane made it the site of clashes over the definition of life and the proper way to study it. In this article I show how the modern cell membrane was conceived of by analogy to the first “artificial cell,” invented in 1864 by the chemist Moritz Traube (1826–1894), and (...) reimagined by the plant physiologist Wilhelm Pfeffer (1845–1920) as a precision osmometer. Pfeffer’s artificial cell osmometer became the conceptual and empirical basis for the law of dilute solutions in physical chemistry, but his use of an artificial analogue to theorize the existence of the plasma membrane as distinct from the cell wall prompted debate over whether biology ought to be more closely unified with the physical sciences, or whether it must remain independent as the science of life. By examining how the histories of plant physiology and physical chemistry intertwined through the artificial cell, I argue that modern biology relocated vitality from protoplasmic living matter to nonliving chemical substances—or, in broader cultural terms, that the disenchantment of life was accompanied by the (re)enchantment of ordinary matter. (shrink)

Privacy and surveillance scholars increasingly worry that data collectors can use the information they gather about our behaviors, preferences, interests, incomes, and so on to manipulate us. Yet what it means, exactly, to manipulate someone, and how we might systematically distinguish cases of manipulation from other forms of influence—such as persuasion and coercion—has not been thoroughly enough explored in light of the unprecedented capacities that information technologies and digital media enable. In this paper, we develop a definition of manipulation that (...) addresses these enhanced capacities, investigate how information technologies facilitate manipulative practices, and describe the harms—to individuals and to social institutions—that flow from such practices. -/- We use the term “online manipulation” to highlight the particular class of manipulative practices enabled by a broad range of information technologies. We argue that at its core, manipulation is hidden influence—the covert subversion of another person’s decision-making power. We argue that information technology, for a number of reasons, makes engaging in manipulative practices significantly easier, and it makes the effects of such practices potentially more deeply debilitating. And we argue that by subverting another person’s decision-making power, manipulation undermines his or her autonomy. Given that respect for individual autonomy is a bedrock principle of liberal democracy, the threat of online manipulation is a cause for grave concern. (shrink)

Every year, hundreds of patients in England die whilst waiting for a kidney transplant, and this is evidence that the current system of altruistic-based donation is not sufficient to address the shortage of kidneys available for transplant. To address this problem, we propose a monopsony system whereby kidney donors can opt-in to receive financial compensation, whilst still preserving the right of individuals to donate without receiving any compensation. A monopsony system describes a market structure where there is only one ‘buyer’—in (...) this case the National Health Service. By doing so, several hundred lives could be saved each year in England, wait times for a kidney transplant could be significantly reduced, and it would lessen the burden on dialysis services. Furthermore, compensation would help alleviate the common disincentives to living kidney donation, such as its potential associated health and psychological costs, and it would also help to increase awareness of living kidney donation. The proposed system would also result in significant cost savings that could then be redirected towards preventing kidney disease and reducing health disparities. While concerns about exploitation, coercion, and the ‘crowding out’ of altruistic donors exist, we believe that careful implementation can mitigate these issues. Therefore, we recommend piloting financial compensation for living kidney donors at a transplant centre in England. (shrink)

Kant argues that it is only as citizens of a properly constituted state that persons are able to respect one another’s innate right to freedom, for joint subjection to the authority of a state enables them to avoid what Kantians call “the problem of unilateralism”: when I interact with you in a state of nature according to my judgment of right in circumstances of disagreement between us, I implicitly claim that my judgment, and not yours, has authority over us simply (...) because it is mine. But this argument seems vulnerable to a powerful objection: my reason for acting on my judgment of right is not that it is mine but rather that it is, as I believe, correct, and so there is no sense in which I am claiming special authority for that judgment. This paper defends the Kantian problem of unilateralism against this objection and, in so doing, illuminates the feature of the Kantian conception of right that accounts for why, no matter how good and right-loving they might be, persons in a state of nature about right are unable coherently to pursue the aim of acting rightly. (shrink)

Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection asserts (...) that, in attempting to entrap, law-enforcement agents lapse into a form of practical incoherence that involves the attempt simultaneously to pursue contrary ends. We then argue that the objection, in this form, encompasses all cases of legal entrapment only if it is supplemented by appeal to the premise that law-enforcement agents have an absolute duty never to create crimes. (shrink)

Law and Morality at War offers a broadly instrumentalist defense of the authority of the laws of war: these laws serve combatants by helping them come closer to doing what they have independent moral reason to do. We argue that this form of justification sets too low a bar. An authority’s directives are not binding, on instrumental grounds, if the subject could, within certain limits, adopt an alternative, and superior, means of conforming to morality’s demands. It emerges that Haque’s argument (...) fails to vindicate the law’s authority over all combatants. (shrink)

Our question is this: What makes an act one of entrapment? We make a standard distinction between legal entrapment, which is carried out by parties acting in their capacities as (or as deputies of) law- enforcement agents, and civil entrapment, which is not. We aim to provide a definition of entrapment that covers both and which, for reasons we explain, does not settle questions of permissibility and culpability. We explain, compare, and contrast two existing definitions of legal entrapment to commit (...) a crime that possess this neutrality. We point out some problems with the extensional correctness of these definitions and propose a new definition that resolves these problems. We then extend our definition to provide a more general definition of entrapment, encompassing both civil and legal cases. Our definition is, we believe, closer to being extensionally correct and will, we hope, provide a clearer basis for future discussions about the ethics of entrapment than do the definitions upon which it improves. (shrink)

The American justice system, from police departments to the courts, is increasingly turning to information technology for help identifying potential offenders, determining where, geographically, to allocate enforcement resources, assessing flight risk and the potential for recidivism amongst arrestees, and making other judgments about when, where, and how to manage crime. In particular, there is a focus on machine learning and other data analytics tools, which promise to accurately predict where crime will occur and who will perpetrate it. Activists and academics (...) have begun to raise critical questions about the use of these tools in policing contexts. In this chapter, I review the emerging critical literature on predictive policing and contribute to it by raising ethical questions about the use of predictive analytics tools to identify potential offenders. Drawing from work on the ethics of profiling, I argue that the much-lauded move from reactive to preemptive policing can mean wrongfully generalizing about individuals, making harmful assumptions about them, instrumentalizing them, and failing to respect them as full ethical persons. I suggest that these problems stem both from the nature of predictive policing tools and from the sociotechnical contexts in which they are implemented... (shrink)

Some have tried to make miracles compatible with the laws of nature by re-defining them as something other than interventions. By contrast, this article argues that although miracles are divine interventions, they are not violations of the laws of nature. Miracles are also not exceptions to the laws, nor do the laws not apply to them. The laws never have exceptions; they never are violated or suspended, are probably necessary and unchangeable, and apply also to divine interventions. We need to (...) reconsider not miracles but laws. The main claim of this article is that laws of nature do not entail regularities, and therefore that miracles do not violate the laws. We need a new theory of the laws of nature: the tendency theory. (shrink)

We give a brief overview of several recent strands of speech-act theory, and then survey some issues in social and political philosophy can be profitably understood in speech-act-theoretic terms. Our topics include the social contract, the law, the creation and reinforcement of social norms and practices, silencing, and freedom of speech.

A standing challenge in the theory of counterfactuals is to solve the “deviation problem”. Consider ordinary counterfactuals involving an antecedent concerning a difference from the actual course of events at a particular time, and a consequent concerning, at least in part, what happens at a later time. In the possible worlds framework, the problem is often put in terms of which are the relevant antecedent worlds. Desiderata for the solution include that the relevant antecedent worlds be governed by the actual (...) laws of nature with no miracles; that the past in those worlds before the antecedent time matches the actual past; that the account is compatible with determinism, and that many of our ordinary counterfactual judgments are correct, and would be correct even given determinism. Many theorists have compromised on one or more of these desiderata, but this paper presents an account employing impossible worlds that satisfies them all. (shrink)

Der Einfluss der Lehre vom gerechten Krieg bzw. der Idee des gerechten Friedens auf den Umgang mit heutigen Konflikten lässt sich besonders gut anhand der so genannten „humanitären Interventionen“ und dem aus dieser Praxis entwickelten neuen Ansatz der „Responsibility to Protect“ (RtoP/ R2P) bzw. Schutzverantwortung zeigen. Bei der Be- gründung als humanitär erachteter Interventionen seit den 1990er Jahren wurde und wird auf die Kriterien des gerechten Krieges bzw. gerechten Friedens zurückgegriffen. Nachfolgend spielten diese auch bei der Formulierung des Prinzips der (...) Schutzverantwor- tung eine wichtige Rolle und sind so erneut für die Ausbildung völkerrechtlicher Normen herangezogen worden. Im Folgenden soll zunächst kurz das Kernproblem humanitär begründeter Interventionen skizziert werden und in einem zweiten Schritt dann gezeigt werden, wie die Konzepte von gerechtem Krieg und gerechtem Frieden in der Denkweise und den Prinzipien der Schutzverantwortung verankert sind. (shrink)

Santiago Ramón y Cajal, the primary architect of the neuron doctrine and the law of dynamic polarization, is considered to be the founder of modern neuroscience. At the same time, many philosophers, historians, and neuroscientists agree that modern neuroscience embodies a mechanistic perspective on the explanation of the nervous system. In this paper, I review the extant mechanistic interpretation of Cajal’s contribution to modern neuroscience. Then, I argue that the extant mechanistic interpretation fails to capture the explanatory import of Cajal’s (...) law of dynamic polarization. My claim is that the definitive formulation of Cajal’s law of dynamic polarization, despite its mechanistic inaccuracies, embodies a non-mechanistic pattern of reasoning (i.e., design explanation) that is an integral component of modern neuroscience. (shrink)

Recent debate in the literature on political obligation about the principle of fairness rests on a mistake. Despite the widespread assumption to the contrary, a person can have a duty of fairness to share in the burdens of sustaining some cooperative scheme even though that scheme does not represent a net benefit to her. Recognizing this mistake allows for a resolution of the stalemate between those who argue that the mere receipt of some public good from a scheme can generate (...) a duty of fairness and those who argue that only some voluntary action of consent or acceptance of the good can generate such a duty. I defend a version of the principle of fairness that holds that it is the person’s reliance on a scheme for the provision of some product or service that generates duties of fairness to share in the burdens of sustaining the scheme. And, on this version, the principle of fairness is politically significant: regardless of whether the citizen has a duty to obey the law, she will still have important political duties of fairness generated by her reliance on the various public goods provided by those society-wide cooperative schemes sustained by the sacrifices of her fellow citizens. (shrink)

This paper examines the intersecting of the themes of temporality and truth in Deleuze's philosophy. For the ancients, truth was something eternal: what was true was true in all times and in all places. Temporality (coming to be and passing away) was the realm of the mutable, not the eternal. In the seventeenth century, change began to be seen in a positive light (progress, evolution, and so on), but this change was seen to be possible only because of the immutable (...) laws of nature that govern change. It was not until philosophers such as Bergson, James, Whitehead – and then Deleuze – that time began to be taken seriously on its own account. On the one hand, in Deleuze, time, freed from its subordination to movement, now becomes autonomous: it is the pure form of change (continuous variation) that lies at the basis of Deleuze's metaphysics in Difference and Repetition (and is explored more thematically in The Time-Image). As a result, on the other hand, the false, freed from its subordination to the form of the true, assumes a power of its own (the power of the false), which in turn implies a new ‘analytic of the concept’ that Deleuze develops in What Is Philosophy? (shrink)

Bernard Williams argues that philosophy is in some deep way akin to history. This article is a novel exploration and defense of the Williams thesis —though in a way anathema to Williams himself. The key idea is to apply a central moral from what is sometimes called the analytic philosophy of history of the 1960s to the philosophy of philosophy of today, namely, the separation of explanation and laws. I suggest that an account of causal explanation offered by David Lewis (...) may be modified to bring out the way in which this moral applies to philosophy, and so to defend the Williams thesis. I discuss in detail the consequences of the thesis for the issue of philosophical progress and note also several further implications: for the larger context of contemporary metaphilosophy, for the relation of philosophy to other subjects, and for explaining, or explaining away, the belief that success in philosophy requires a field-specific ability or brilliance. (shrink)

The 2010s were a golden age of information privacy research, but its policy accomplishments tell a mixed story. Despite significant progress on the development of privacy theory and compelling demonstrations of the need for privacy in practice, real achievements in privacy law and policy have been, at best, uneven. In this chapter, I outline three broad shifts in the way scholars (and, to some degree, advocates and policy makers) are approaching privacy and social media. First, a change in emphasis from (...) individual to structural approaches. Second, increasing attention to the political economy of privacy—especially the business models of information companies, such as social media platforms. And third, a deeper understanding of privacy’s role in a healthy digital public sphere. (shrink)

Our lives are guided by habits. Most of the activities we engage in throughout the day are initiated and carried out not by rational thought and deliberation, but through an ingrained set of dispositions or patterns of action—what Aristotle calls a hexis. We develop these dispositions over time, by acting and gauging how the world responds. I tilt the steering wheel too far and the car’s lurch teaches me how much force is needed to steady it. I come too close (...) to a hot stove and the burn I get inclines me not to get too close again. This feedback and the habits it produces are bodily. They are possible because the medium through which these actions take place is a physical, sensible one. The world around us is, in the language of postphenomenology, an opaque one. We notice its texture and contours as we move through it, and crucially, we bump up against it from time to time. The digital world, by contrast, is largely transparent. Digital media are designed to recede from view. As a result, we experience little friction as we carry out activities online; the consequences of our actions are often not apparent to us. This distinction between the opacity of the natural world and the transparency of the digital one raises important questions. In this chapter, I ask: how does the transparency of digital media affect our ability to develop healthy habits online? If the digital world is constructed precisely not to push back against us, how are we supposed to gauge whether our actions are good or bad, for us and for others? The answer to this question has important ramifications for a number of ethical, political, and policy debates around issues in online life. For in order to advance cherished norms like privacy, civility, and fairness online, we need more than good laws and good policies—we need good habits, which dispose us to act in ways conducive to our and others’ flourishing. (shrink)

According to John Locke, the conditions of human happiness establish the content of natural law, but God’s commands make it morally binding. This raises two questions. First, why does moral obligation require an authority figure? Second, what gives God authority? I argue that, according to Locke, moral obligation requires an authority figure because to have an obligation is to be accountable to someone. I then argue that, according to Locke, God has a kind of parental authority inasmuch as he is (...) bound by covenant to guide us by revealing the content of the moral law. (shrink)

It is traditional to ascribe to Locke the view that every person who acquires natural property rights by labouring on resources is obligated to leave sufficient resources for everyone else. But during the last several decades, a number of authors have contributed to a compelling textual case against this reading. Nevertheless, Locke clearly indicates that there is something wrong with distributions in which some suffer while others thrive. But if he does not endorse the traditional proviso, what exactly is the (...) problem? In this paper, I offer a solution to this puzzle. I argue that according to Locke, once people use their natural rights to acquire large properties, many individuals are unable to enjoy the material and moral wellbeing, or “preservation,” that is the end of natural law. For even if such large properties pose no problem for material preservation, they foster arbitrary power that offends against moral preservation. (shrink)

In his recent book Democratic Authority, David Estlund defends a strikingly new and interesting account of political authority, one that makes use of a distinctive kind of hypothetical consent that he calls ‘normative consent’: a person can come to have a duty to obey another when it is the case that, were she given the chance to consent to the duty, she would have a duty to consent to it. If successful, Estlund’s account promises to provide what has arguably so (...) far remained elusive: the basis for the authority of suitably democratic laws. In this paper, I argue that, despite its promise, the account Estlund develops is, in a crucial respect, incoherent: the principle of normative consent that he offers relies on a claim about a hypothetical situation, but the hypothetical situation at issue is one that, according to the principle itself, is morally impossible. (shrink)

"This essay focuses on the third play in the Oresteia trilogy, the Eumenides. Telech provides a compelling reinterpretation of Nietzsche’s reading of Aeschylus's masterpiece, saving the reading from the complaint that it oversimplifies and sentimentalizes the Oresteia by celebrating the triumph of a modern and liberal understanding of law's rationalist virtues over customary and traditional forms. Telech provides an alternative Nietzschean reading that is consistent with Nietzsche's own, that reintroduces passion and irrationality into the trial and sentencing of Orestes, refrains (...) from romanticizing law, and along the way makes a case for institutionalizing a role for mercy in contemporary legal processes." (OUP abstract). (shrink)

While those who take a "structuralist" approach to racial justice issues are right to call attention to the importance of social practices, laws, etc., they sometimes go too far by suggesting that antiracist efforts ought to focus on changing unjust social systems rather than changing individuals’ minds. We argue that while the “either/or” thinking implied by this framing is intuitive and pervasive, it is misleading and self-undermining. We instead advocate for a “both/and” approach to antiracist moral education that explicitly teaches (...) how social structures influence ideas about race and how ideas about race shape, sustain, and transform social structures. Ideally, antiracist moral education will help people see how social change and moral progress depend on the symbiotic relations between individuals and structures. We articulate a conception of “structure-facing virtue” that exemplifies this hybrid approach to illuminate the pivotal role moral education plays in the fight for racial justice. (shrink)

This is an encyclopedia entry written for the Encyclopedia of the Philosophy of Law and Social Philosophy. It provides an overview of the concept of and literature surrounding "group agency" from the perspective of analytic philosophy. It begins with an introduction to agency in its most general sense before examining agency in the social world. Next, group agency as a research field is presented in the context of the problem of collective intentionality. Here, accounts of group intentions are presented, before (...) moving into considerations on structure and metaphysics of group agents. Then, the features of and conditions for group agency are clarified, as well as its relation to rationality and mind. The entry closes with heterodox views of group agency and a description of group agency’s lasting relevance to law and social philosophy. -/- Shussett, Daniel. 2024. “Group Agency.” In M. Sellers & S. Kirste (Eds.), Encyclopedia of the Philosophy of Law and Social Philosophy. Springer. (shrink)

Punishment stands in need of justification because it involves intentionally harming offenders. Trust-based retributivists attempt to justify punishment by appeal to the offender’s violation of the victim’s trust, maintaining that the state is entitled to punish offenders as a means of restoring conditions of trust to their pre-offense levels. I argue that trust-based retributivism fails on two counts. First, it entails the permissibility of punishing the legally innocent and fails to justify the punishment of some offenders. Second, it cannot satisfactorily (...) explain why it is morally permissible for the government to intentionally harm offenders. (shrink)

Was Robert Boyle an occasionalist? And if so, what kind of occasionalist was he? These questions have long troubled commentators, as Boyle’s texts often seem to offer both endorsements of occasionalism and affirmations of bodies’ causal powers. I argue that Boyle’s position is best understood as reductive occasionalism, according to which bodily powers are relations between bodies and God’s action in the world, and there is no causal efficacy in bodies that is not strictly identical to God’s nomological causal efficacy.

In this paper, I explore a tension between the Law in the novel The Island of Doctor Moreau, by H. G. Wells, and Kant's reciprocity thesis. The Law is a series of prohibitions that Moreau has his beasts recite. Moreau devotes his time to transforming animals through a painful surgery into beings that resemble humans, but the humanized beasts are constantly slipping back into animalistic habits, and so Moreau promulgates the Law to maintain decorum. Kant's reciprocity thesis states that free (...) will is the necessary and sufficient condition of moral practical laws. That is, in order for a moral practical law to be applicable, there must be free will, and, if free will is present, then there will be a moral practical law that sets a standard for the free will. However, in Wells's novel, the humanized beasts seem to lack free will. So, how can a law be applicable to them? By delving deeper into the mystery of Moreau's strange island, I will shed light on the otherwise cumbersome concepts of free will, natural impulses, and practical laws, as well as their interrelationships. The upshot will be a deeper understanding of personhood through an exploration of the instinctual nature of animals, moral law, and free will. (shrink)

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)

Evânia Reich presents the argument that the veil laws in France—the banning of the full-face coverings in public and the banning of the headscarf in public schools—are consistent with the emancipatory project of French Laïcité. According to this argument, the veils that Muslim women wear are symbols of their oppression, whereas French education seeks to liberate each individual and Laïcité serves as a bulwark against the creeping oppressive influence of religion. Unveiling Muslim women, then, is an act of emancipation. In (...) this essay, I argue that the view of French secularism as an emancipatory project to free women of the oppressive mechanism of the veil is an example of what Marilyn Frye calls the “arrogant eye.” In this essay, I offer an alternative approach on the veil following Frye’s notion of the “loving eye.”. (shrink)

Gerald Dworkin provides an insightful starting point for determining acceptable paternalism through his commitment to protecting our future autonomy and health from lasting damage. Dworkin grounds his argument in an appeal to inherent goods, which this paper argues is best considered as a commitment to human flourishing. However, socialconnectedness is also fundamental to human flourishing and an important consideration when determining the just limits of paternalistic drug controls, a point missing from Dworkin’ essay. For British philosopher Thomas Hill Green, regulation (...) of alcohol sales emerged from the social ideal. Green argued that policy interventions, including restricted opening hours and locations, improved the conditions for humans to flourish. Green offers a compelling political vision but fails to account for the fact pleasure is also an inherent good. He focused excessively on our social nature, excluding our more pleasure-seeking and egoistic characteristics. In contrast, a more realistic and complete vision of human flourishing can be found in an amended version of Gerald’s Dworkin’s arguments. In conclusion, this paper argues drug policy makers should remain committed to the harm principle as applied to criminal law whereby a person should never be criminalized for self-harm. Such a limit on paternalistic interventions is deemed necessary when eudaimonia is the end of government action. In practical terms, this means that the criminalization of drug use, as opposed to drug production, is always unjust. (shrink)