This paper works out the scheme of “institutional competences” that underlies the famous Hart and Sacks Legal Process Materials first distributed in final mimeographed form in1958. The Materials were not published during the life times of their authors but were nonetheless a major influence on American legal thought from their first distribution as course materials at Harvard Law School until their abrupt fall from prominence in the early 1970s. The Materials offer the scheme as a solution to the apparent anomaly (...) in a democracy of the law making power in both public and private law of unelected judges serving long terms. The paper critiques the Hart and Sacks solution, called law making through “reasoned elaboration,” which they claimed was sharply distinct from legislative law making or administrative fiat. The paper argues that in both public and private law the materials the judge is to elaborate are characterized by contradictory internal logics. The judge has to choose between them without a meta-criterion. In cases with high stakes, extra-juristic normative orientations, whether moral theories or political ideologies, will come into play, regardless of the judge’s commitment to excluding them. The second part of the paper places Hart and Sacks in a larger historical and comparative context of efforts to solve the problem of social order by way of legal rationality. These two parts were preceded in the original paper by a long discussion, now lost but never very satisfying to me, of the Hart and Sacks theory of “private ordering” in relation to state regulatory power. I wrote the paper for extra credit in the spring of 1970 as a third year student at the Yale Law School. I’ve corrected a few typos but haven’t changed it in any other way. I never published it but it was circulated to a limited extent among Legal Process devotees. Eskridge and Frickey, editors of the Materials as published finally in 1994, credit it, along with another unpublished student paper by Roberto Unger, with hastening the demise of the Materials as a master text. The first part of this version of the paper was recently published in Droit et Philosophie, no. 13, p. 97-117 (2021). (shrink)

Autonomous and automatic weapons would be fire and forget: you activate them, and they decide who, when and how to kill; or they kill at a later time a target you’ve selected earlier. Some argue that this sort of killing is always wrong. If killing is to be done, it should be done only under direct human control. (E.g., Mary Ellen O’Connell, Peter Asaro, Christof Heyns.) I argue that there are surprisingly many kinds of situation where this is false and (...) where the use of Automated Weapons Systems would in fact be morally required. These include cases where a) once one has activated a weapon expected then to behave lethally, it would be appropriate to let it continue because this is part of a plan whose goodness one was best positioned to evaluate before activating the weapon; b) one expects better long-term consequences from allowing it to continue; c) allowing it to continue would express a decision you made to be resolute, a decision that could not have advantaged you had it not been true that you would carry through with it; d) the weapon is mechanically not recallable, so that, to not allow it to carry through, you would have had to refrain from activating it in the first place, something you expected would have disastrous consequences; e) you must deputize necessary killings to autonomous machines in order to protect yourself from guilt you shouldn’t have to bear; f) it would be morally better for the burden of responsibility for the killing to be shared among several agents, and the agents deputizing killing to machines can do this, especially where it’s not predictable which machine will be successful; g) a killing would be morally better done with elements of randomness and lack of deliberation, and a (relatively stupid) machine could do this where a person could not; h) the machine would be acting as a Doomsday Device, so that it could not have had its hoped for deterrent effect had you not ensured that you would be unable to recall it if enemy action activated it; i) letting it carry through is a necessary part of its own learning process, and you expect that this learning will have salutary effects later on; j) human intervention in the machine’s operation would disastrously impair its precision, or its speed and efficiency; k) using non-automated methods would require human resources you just don’t have in a task that nevertheless must be done (e.g., using land-mines to protect remote installations); l) the weapon has such horrible and indiscriminate power that it is doubtful whether it could be actually used in ways compatible with International Humanitarian Law and the Laws of War, which require that weapons be used only in ways respecting distinctness, necessity and proportionality, but its threat of use could respect these principles in affording deterrence provided human error cannot lead to their accidental deployment, this requiring that they be controlled by carefully designed autonomous and automatic systems. I then consider objections based on conceptions of human dignity and find that very often dignity too is best served by autonomous machine killing. Examples include saving your village by activating a robot to kill invading enemies who would inflict great indignity on your village, using a suicide robot to save yourself from a less dignified death at enemy hands, using a robotic drone to kill someone otherwise not accessible in order to restore dignity to someone this person killed and to his family, and using a robot to kill someone who needs killing, but the killing of whom by a human executioner would soil the executioner’s dignity. I conclude that what matters in rightful killing isn’t necessarily that it be under the direct control of a human, but that it be under the control of morality; and that could sometimes require use of an autonomous or automated device. (This paper was formerly called "Fire and Forget: A Defense of the Use of Autonomous Weapons in War" on Philpapers; the current title is the title of the published version.). (shrink)

Pensar es trabajar en transformar el pensamiento, escribía Meschonnic. La crítica es, ante todo, eso: reflexionar precisamente sobre lo que nuestros saberes nos impiden saber. Un gesto que transforma a partir de la interrogación misma. En diálogo con el Profesor Duncan Kennedy, el presente trabajo pretende repensar la relación entre enseñanza, crítica y acción en el campo jurídico, insistiendo en la necesidad de reinscribir la crítica no como develamiento de una “verdad esencial” oculta sino como una praxis que (...) transforme a partir de los propios límites que el orden simbólico instituye. Asimismo el artículo aborda la pregunta por la interpretación judicial sugiriendo la necesidad de desplazar el significante “trabajo jurídico” hacia la órbita de la “acción” en sentido arendtiano. El trabajo o la fabricación a diferencia de la acción se produce en aislamiento. La acción, en cambio, necesita de otros. Es por ello que se ofrece como cambio y sobre todo: ausencia de cálculo. (shrink)

Given that conspiracies exist, can we be justified in dismissing conspiracy theories without concerning ourselves with specific details? I answer this question by focusing on contrarian conspiracy theories, theories about conspiracies that conflict with testimony from reliable sources of information. For example, theories that say the CIA masterminded the assassination of John F. Kennedy, 9/11 was an inside job, or the Freemasons are secretly running the world are contrarian conspiracy theories. When someone argues for a contrarian conspiracy theory, their (...) options are to appeal to eyewitness testimony, incriminating documents, photographs, audio recordings, video recordings, allegedly scientific evidence, anomalies, or considerations of cui bono (who benefits). Most laypeople don’t know how to adequately respond to arguments for contrarian conspiracy theories, but this doesn’t mean that it’s dogmatic to reject them. I argue that many laypeople are defeasibly justified in rejecting a variety of contrarian conspiracy theories based on testimony and this justification is rarely defeated by arguments for contrarian conspiracy theories even if we don’t know how to respond to these arguments. (shrink)

This paper argues that unusual coincidences, particularly those involving historical events, can be viewed as design patterns, suggesting an intelligent influence over the course of events. A compelling case examined in detail using probability theory concerns the presidencies of Abraham Lincoln (1809–1865) and John F. Kennedy (1917–1963). This and other coincidences involving historical figures disfavor the materialistic perspective and point to the presence of an intelligent agent acting on a global scale, beyond the arrow of time, influencing human lives (...) and the course of history. (shrink)

My account of the causal role of consciousness in a physical world is modeled on Dretske’s celebrated explanation of the causal role of beliefs (something that Dretske himself never offered). First, behavior must be understood as a (broadly individuated) process that begins with some external stimulus causing some neurological event C, and ends with causing a bodily movement M (e.g., the Kennedy assassination is a process that begins with Oswald pulling the trigger at 12:30pm CST on November 23 in (...) 1963 in Dallas, Texas, but only ends half an hour later when Kennedy is pronounced dead at 1 pm CST). The internal neurological event C causes bodily movement M, but only by virtue of being recruited by natural selection to represent the instantiation of some external property F when properly stimulated under normal circumstances. But the reason why C causes M lies in the fact that C represents the instantiation of the external property F. I withdraw my hand from a hot surface because the activation of nociceptive specific neurons in my parietal lobe (together with the activation of neuronal patterns in my motor cortices) was recruited by natural selection to represent the tissue damage in my hand. The activation of nociceptive specific neurons causes my hand to withdraw but for the reason that it represents tissue data at the time that I felt pain in my hand. (shrink)

ITA: In che modo il nostro cervello è in grado di produrre quel tipo di comportamento flessibile e volto a specifici scopi che chiamiamo intelligenza? Le differenze cognitive tra individui sono dovute a una varietà di abilità mentali o a una sola? Questo articolo discute gli elementi centrali della teoria dell’intelligenza generale proposta da John Duncan nel volume How intelligence happens, tradotto recentemente in italiano e corredato da un capitolo conclusivo inedito. Prendendo le mosse dalla ricerca di Charles Spearman (...) sull’intelligenza generale e sui test d’intelligenza, Duncan caratterizza l’intelligenza nei termini di integrazione e controllo cognitivo. I dati neuroscientifici raccolti da Duncan suggeriscono che questi aspetti chiave del comportamento intelligente siano realizzati da un circuito cerebrale, chiamato multiple-demand system, in grado di scomporre problemi complessi in sotto-problemi più semplici e integrare informazioni da varie aree del cervello. ENG: How does our brain generate that sort of flexible and goal-directed behaviour that we call intelligence? Are individual differences in intelligence due to a variety of cognitive abilities or do they depend on one single mental ability? In this commentary, I revise and critically assess the key elements of John Duncan’s theory of general intelligence presented in the popular-science book How intelligence happens, recently translated into Italian and edited by F. Pavani, with a new final chapter. Starting from Charles Spearman’s research on a general intelligence factor and psychometric tests, Duncan advances a theory that characterises intelligence in terms of integration and cognitive control. Neuropsychological and neuroimaging data suggest that such key aspects of intelligent behaviour are realised by a brain network called a multiple-demand system, which is capable of decomposing complex problems into simpler sub-problems and then integrating information from different brain areas. (shrink)

A powerful argument against the counterfactual comparative account of harm is that it cannot distinguish harming from failing to benefit. In reply to this problem, I suggest a new account of harm. The account is a counterfactual comparative one, but it counts as harms only those events that make a person occupy his level of well-being at the world at which the event occurs. This account distinguishes harming from failing to benefit in a way that accommodates our intuitions about the (...) standard problem cases. In laying the groundwork for this account, I also demonstrate that rival accounts of harm are able to distinguish harming from failing to benefit only if, and because, they also appeal to the distinction between making upshots happen and allowing upshots to happen. One important implication of my discussion is that preserving the moral asymmetry between harming and failing to benefit requires a commitment to the existence of a metaphysical and moral distinction between making and allowing. (shrink)

In a recent paper Shieva Kleinschmidt has argued that if certain scenarios involving extended simple regions are possible (so-called ‘Place Cases’), then no logic of location with only one primitive locative notion (i.e., no ‘parsimonious logic of location’) will suffice to describe all of the locative possibilities. Since almost all existing logics of location are parsimonious (and apparently for good reason) the argument is a considerable obstacle to the development of a satisfactory logic of location. Kleinschmidt suggests that the best (...) way out of the difficulty is to deny the possibility of Place Cases by denying that extended simple regions are possible. I argue that much the same problem arises even in cases not involving extended simple regions or indeed exotic regions of any kind. Thus, simply denying the possibility of extended simple regions will not save parsimonious logics of location. (shrink)

This article investigates the semantics of sentences that express numerical averages, focusing initially on cases such as 'The average American has 2.3 children'. Such sentences have been used both by linguists and philosophers to argue for a disjuncture between semantics and ontology. For example, Noam Chomsky and Norbert Hornstein have used them to provide evidence against the hypothesis that natural language semantics includes a reference relation holding between words and objects in the world, whereas metaphysicians such as Joseph Melia and (...) Stephen Yablo have used them to provide evidence that apparent singular reference need not be taken as ontologically committing. We develop a fully general and independently justified compositional semantics in which such constructions are assigned truth conditions that are not ontologically problematic, and show that our analysis is superior to all extant rivals. Our analysis provides evidence that a good semantics yields a sensible ontology. It also reveals that natural language contains genuine singular terms that refer to numbers. (shrink)

Grey zone attacks tend to paralyze response for two reasons. First, they present us with choice scenarios of inherently dilemmatic structure, e.g., Prisoners’ Dilemmas and games of chicken, complicated by difficult conditions of choice, such as choice under risk or amid vagueness. Second, they exploit our uncertainty about how much we do or should care about the things under attack¬—each attack is small in effect, but their effects accumulate: how should we decide whether to treat a given attack as something (...) meriting a serious response rather than a mere irritation to be ignored? This chapter brings standard decision theoretic tools to bear on the issues, tools such as the maximization of expected utility principle, and the precautionary principle. But it also develops three innovations. It shows that seeing it as possible to make choices not just of actions given our values, but also choices of values themselves, can extricate us from certain kinds of decision paralysis. It shows how we can rationally regard ourselves as having bright decision lines even when nothing in the circumstance of choice has these lines in its structure. And it shows how certain conflict escalation risks from the former two strategies can be managed by both parties seeing that cooperation can yield a sharable surplus of goods, and that cooperation can be rational upon a rationally defensible change in their values so that each comes to derive utility from the success of both parties. This yields cooperative solutions to what amount to Prisoners’ Dilemmas. The Cold War was prosecuted on the logic of strategic rationality and that part of game theory that is deterrence theory. We need a new logic from decision theorists for the games that constitute grey zone conflict. (shrink)

It is argued that standard accounts of the epistemology of religious commitmentfail to be properly sensitive to certain important features of the nature of religious conviction. Once one takes these features of religious conviction seriously, then it becomes clear that we are not to conceive of the epistemology of religious conviction along completely rational lines.But the moral to extract from this is not fideism, or even a more moderate proposal that casts the epistemic standing of basic religious beliefs along nonrational (...) lines. Rather, one needs to recognise that in an important sense religious convictions are not beliefs at all, but that this is compatible with the idea that many other religious commitments are beliefs. This picture of the nature of religious commitment is shown to fit snugly with the Wittgensteinian account of hinge commitments, such that all rational belief essentially presupposes certain basic arational hinge commitments, along lines originally suggested by John Henry Newman. We are thus able to marshal a parity-style argument in defence of religious commitment. Although religious belief presupposes basic arational religious convictions, it is not on this score epistemically amiss since all belief presupposes basic arational convictions, or hinge commitments. The resulting view of the epistemology of religious commitment is a position I call quasi-fideism. (shrink)

Does the Australian state exercise legitimate power over the indigenous peoples within its borders? To say that the state’s political decisions are legitimate is to say that it has the right to impose those decisions on indigenous peoples and that they have a (at least a prima facie) duty to obey. In this paper, I consider the general normative frameworks within which these questions are often grasped in contemporary political theory. Two dominant modes of dealing with political legitimacy are through (...) the politics of ‘recognition’ and ‘justification’. I argue that in order to address the fundamental challenges posed by indigenous peoples to liberal settler states today we need to pluralise our conceptions of political legitimacy. (shrink)

My interest is the kind of philosophical vertigo that is a theme of Cavell’s work on scepticism. This describes the anxiety that is elicited via philosophical engagement with certain kinds of sceptical questions. There is a standing puzzle about this notion of vertigo, however, forcefully pressed, for example, by McDowell. Why should a resolution of the sceptical problem, one that putatively completely undercuts the motivation for scepticism in that domain, nonetheless generate vertigo in this sense? I aim to resolve the (...) puzzle, in a way that I believe underwrites this Cavellian notion, via consideration of Wittgenstein’s remarks on the structure of rational evaluation in his final notebooks, published as On Certainty. (shrink)

We argue that, insofar as one accepts either supersubstantivalism or strong composition as identity for the usual reasons, one has (defeasible) reasons to accept the other as well. Thus, all else being equal, one ought to find the package that combines both views—the Identity Package—more attractive than any rival package that includes one, but not the other, of either supersubstantivalism or composition as identity.

This chapter conceptually analyzes the post-traumatic stress injuries called moral injury, moral fatigue or exhaustion, and broken spirit. It then identifies two puzzles. First, soldiers sometimes sustain moral injury even from doing right actions. Second, they experience moral exhaustion from making decisions even where the morally right choice is so obvious that it shouldn’t be stressful to make it; and even where rightness of decision is so murky that no decision could be morally faulted. The injuries result of mistaken moral (...) self-evaluation. Methods of preventing and treating these injuries are defended, including training in self-forgiveness, moral off-loading of actions and decisions to persons and devices less likely to feel inappropriate guilt, and the use of drugs to prevent such guilt. The foregoing has been about moral injury erroneously resulting from the non-violation of a correct moral code. But the chapter then introduces the concept of moral pseudo-injury—felt moral injury that has in reality resulted from violation of a false moral code, so that no one has really been morally injured. This can be used as a method in warfighting. And since the injuries it produces are illusory, this would be morally superior to physical violence. For it causes less injury to its victims, and should cause less guilt in those who must inflict it. Historical precedents are considered. Finally, our enemies often use moral pseudo-injury against us, in the form of terrorist violence against civilians. Terrorism causes comparatively few harms, yet we mistakenly see it as more morally horrific than conventional combat that causes much worse loss of life among armed forces members. Here we need the nuancing and clarifying power of philosophy to restore a sense of proportion, thence to prevent or therapize the moral pseudo-injury we may experience from these sorts of attacks. (This is a pre-penultimate version of the published version, available from OUP at the external link, which contains minor variances. The paper was earlier known as "PTSD Weaponized: A Theory of Moral Injury"; that now superseded version is archived under "past conferences" on the Center for Ethics and the Rule of Law website.). (shrink)

How may nations protect their interests in space if its fragility makes military operations there self-defeating? This essay claims nations are in Prisoners Dilemmas on the matter, and applies David Gauthier’s theories about how it is rational to behave morally—cooperatively—in such dilemmas. Currently space-faring nations should i) enter into co-operative space sharing arrangements with other rational nations, ii) exclude—militarily, but with only terrestrial force—nations irrational or existentially opposed to other nations being in space, and iii) incentivize all nations into co-operation (...) by redistributing some space-generated wealth to nations that might otherwise ruin space. Further, since all nations are rationally incentivized to ever greater dependence on space, and since each, by threatening space, can hold hostage its benefits to all, each can demand resolution of terrestrial discontents with other nations. So each has a rational interest in treating others morally both in space and on terrestrial issues. (shrink)

I argue that Gauthier's constrained-maximizer rationality is problematic. But standard Maximizing Rationality means one's preferences are only rational if it would not maximize on them to adopt new ones. In the Prisoner's Dilemma, it maximizes to adopt conditionally cooperative preferences. (These are detailed, with a view to avoiding problems of circularity of definition.) Morality then maximizes. I distinguish the roles played in rational choices and their bases by preferences, dispositions, moral and rational principles, the aim of rational action, and rational (...) decision rules. I argue that Maximizing Rationality necessarily structures conclusive reasons for action. Thus conations of any sort can base rational choices only if the conations are structured like a coherent preference function; rational actions maximize on such functions. Maximization-constraining dispositions cannot integrate into a coherent preference function. (shrink)

This article examines the concept of historical injustice in the context of contemporary political theory. It examines the moral consequences of historical injustice for the descendants of both the perpetrators and the victims and outlines the six questions that any plausible defence of the idea of making reparations for past injustices must deal with. It suggests that taking historical injustice seriously is compatible with moral cosmopolitanism and it also helps with the understanding the nature of various kinds of inequalities that (...) persist today. (shrink)

Psychiatric and neurological disorders have historically provided key insights into the structure-function rela- tionships that subserve human social cognition and behavior, informing the concept of the ‘social brain’. In this review, we take stock of the current status of this concept, retaining a focus on disorders that impact social behavior. We discuss how the social brain, social cognition, and social behavior are interdependent, and emphasize the important role of development and com- pensation. We suggest that the social brain, and its (...) dysfunction and recovery, must be understood not in terms of specific structures, but rather in terms of their interaction in large-scale networks. (shrink)

This paper defends Flatland—the view that there exist neither determination nor dependence relations, and that everything is therefore fundamental—from the objection from explanatory inefficacy. According to that objection, Flatland is unattractive because it is unable to explain either the appearance as of there being determination relations, or the appearance as of there being dependence relations. We show how the Flatlander can meet the first challenge by offering four strategies—reducing, eliminating, untangling and omnizing—which, jointly, explain the appearance as of there being (...) determination relations where no such relations obtain. Since, plausibly, dependence relations just are asymmetric determination relations, we argue that once we come mistakenly to believe that there exist determination relations, the existence of other asymmetries (conceptual and temporal) explains why it appears that there are dependence relations. (shrink)

For the tradition, an action is rational if maximizing; for Gauthier, if expressive of a disposition it maximized to adopt; for me, if maximizing on rational preferences, ones whose possession maximizes given one's prior preferences. Decision and Game Theory and their recommendations for choice need revamping to reflect this new standard for the rationality of preferences and choices. It would not be rational when facing a Prisoner's Dilemma to adopt or co-operate from Amartya Sen's "Assurance Game" or "Other Regarding" preferences. (...) But there are preferences which it maximizes to adopt and co-operate from. (shrink)

While artificial womb technology is currently being studied for the purpose of improving neonatal care, I contend that this technology ought to be pursued as a means to address the unprecedented rate of unintended pregnancies. But ectogenesis, alongside other emerging reproductive technologies, is problematic insofar as it threatens to disrupt the natural link between procreation and parenthood that is normally thought to generate rights and responsibilities for biological parents. I argue that there remains only one potentially viable account of parenthood: (...) the voluntarist account, which construes parental rights as robust moral obligations that must be voluntarily undertaken. The problem is that this account mistakenly presumes a patriarchal divide between procreation and parenthood. I propose a reframing of procreation and parenthood from a feminist perspective that recognises gestational motherhood as involving robust moral obligations that ought to be voluntarily undertaken. If this were the case, all gestational mothers would be, by definition, willing mothers. To make this happen I argue that ectogenesis technology must be a widely available reproductive option. (shrink)

The debate over the constitutional recognition of Indigenous peoples is a deeply political one. That might appear to be a controversial claim. After all, there has been much talk about minimising the scope for disagreement between ‘constitutional conservatives’ and supporters of more expansive constitutional recognition. And there is concern to ensure that any potential referendum enjoys the maximum conditions and opportunity for success. However, my argument shall be that any form of constitutional recognition of Australia’s First Peoples needs to be (...) seen as part of an ongoing transformation in the relations between Indigenous peoples and the Australian state. (shrink)

The language of rights pervades modern social and political discourse and yet there is deep disagreement amongst citizens, politicians and philosophers about just what they mean. Who has them? Who should have them? Who can claim them? What are the grounds upon which they can be claimed? How are they related to other important moral and political values such as community, virtue, autonomy, democracy and social justice? In this book, Duncan Ivison offers a unique and accessible integration of, and (...) introduction to, the history and philosophy of rights. He focuses especially on the politics of rights: the fact that rights have always been, and will remain, deeply contested. He discusses not only the historical contexts in which some of the leading philosophers of rights formed their arguments, but also the moral and logical issues they raise for thinking about the nature of rights more generally. At each step, Ivison also considers various deep criticisms of rights, including those made by communitarian, feminist, Marxist and postmodern critics. The book is aimed at students and readers coming to these issues for the first time, but also at more knowledgeable readers looking for a distinctive integration of history and theory as applied to questions about the nature of rights today. (shrink)

This paper examines Linda Zagzebski’s account of rationality, as set out in her rich, wide-ranging, and important book, Epistemic Authority: A Theory of Trust, Authority, and Autonomy in Belief. We briefly describe the account that she offers and then consider its plausibility. In particular, in the first section we argue that a number of Zagzebski’s claims with regard to rationality require more support than she offers for them. Moreover, in the second section, we contend that far from offering Zagzebski a (...) quick way of dealing with radical scepticism, her account of rationality actually seems to be particularly vulnerable to this problem. (shrink)

Fumerton’s distinctive brand of metaepistemological scepticism is compared and contrasted with the related position outlined by Stroud. It is argued that there are at least three interesting points of contact between Fumerton and Stroud’s metaepistemology. The first point of contact is that both Fumerton and Stroud think that (1) externalist theories of justification permit a kind of non-inferential, perceptual justification for our beliefs about non-psychological reality, but it’s not sufficient for philosophical assurance. However, Fumerton claims, while Stroud denies, that (2) (...) direct acquaintance with facts is sufficient for philosophical assurance. And this is important because Stroud thinks that (3) we have direct perceptual access or acquaintance with facts about the external world, while Fumerton denies this. (shrink)

Recent studies have shown that recidivism scoring algorithms like COMPAS have significant racial bias: Black defendants are roughly twice as likely as white defendants to be mistakenly classified as medium- or high-risk. This has led some to call for abolishing COMPAS. But many others have argued that algorithms should instead be given access to a defendant's race, which, perhaps counterintuitively, is likely to improve outcomes. This approach can involve either establishing race-sensitive risk thresholds, or distinct racial ‘tracks’. Is there a (...) moral difference between these two approaches? We first consider Deborah Hellman's view that the use of distinct racial tracks (but not distinct thresholds) does not constitute disparate treatment since the effects on individuals are indirect and does not rely on a racial generalization. We argue that this is mistaken: the use of different racial tracks seems both to have direct effects on and to rely on a racial generalization. We then offer an alternative understanding of the distinction between these two approaches—namely, that the use of different cut points is to the counterfactual comparative disadvantage, ex ante, of all white defendants, while the use of different racial tracks can in principle be to the advantage of all groups, though some defendants in both groups will fare worse. Does this mean that the use of cut points is impermissible? Ultimately, we argue, while there are reasons to be skeptical of the use of distinct cut points, it is an open question whether these reasons suffice to make a difference to their moral permissibility. (shrink)

Suicide is a complex act whose meanings, while sometimes tragic, vary widely. This chapter surveys the ethical landscape surrounding algorithmic methods of suicide prevention especially as it pertains to social media activity and to the moderation of online suicide communities. We begin with a typology of suicide, distinguishing between varied goals in which suicide may factor as a means. Suicides should be understood as an act with varied eliciting desires, meanings, consequences, and ethics. Further,while many suicides may be grounded on (...) irrational desire, we argue that a desire to suicide may nonetheless be rational in some cases. We then offer a survey of the attempts by social media corporations to create suicide prediction algorithms and launch interventions aimed at preventing suicide as well as an overview of the current ethical debate. We argue that the values embedded within algorithmic suicide prevention nudges are “thick” in a substantive sense and deserving of scrutiny. Given that debates about the rationality, meaning, and permissibility of suicide are common and subject to intracultural and cross-cultural differences, we maintain that the task of suicide prediction is ill-suited to algorithmic approaches. Despite an algorithm’s ability to quantify a complex phenomenon like suicide risk and its appearance of objectivity, any suicide prediction algorithm is thoroughly subjective and involves moral judgments all the way down. Any such algorithm would necessarily impose a normative stance on suicide onto its user base that is subject to reasonable intra and cross-cultural disagreement. (shrink)

Do skeptical arguments undermine reason, as Hume supposes? In this paper, I argue that they do not and that skepticism is thus no threat to dogmatism about the possibility of knowledge.

In Foundations of Modern International Thought, David Armitage provides a genealogy of the multiple foundations of international political thought. But he also enables political theorists to reflect on the nature of the pluralisation of our concepts: that is, the way various components come together in particular circumstances to form a concept that either becomes dominant or is rendered to the margins. Armitage claims that concepts can ‘never entirely escape their origins’. In this paper I explore this claim from the perspective (...) of contemporary debates about the nature of cosmopolitan political thought. (shrink)

If one can get the targets of one's current wants only by acquiring new wants (as in the Prisoner's Dilemma), is it rational to do so? Arguably not. For this could justify adopting unsatisfiable wants, violating the rational duty to maximize one's utility. Further, why cause a want's target if one will not then want it? And people "are" their wants. So if these change, people will not survive to enjoy their wants' targets. I reply that one rationally need not (...) advance one's future wants, only current ones. Furthermore, rational choice seeks not utility (the co-obtaining of a want and its target), but satisfaction (the eventual obtaining of what is now wanted) -- otherwise, it would be irrational to care now about what happens after one dies. Finally, persons survive "rational" changes of values. Thus reflection on the rational revision of values illuminates the conditions on personal identity and the bases and aims of rational choice. (shrink)

First published in the International Encyclopaedia of Social and Behavioural Sciences (Pergamon Press, 2001); reprinted in the 2nd edition (2015). An overview of different justifications of multiculturalism in contemporary political theory, as well as various challenges to and critiques of those arguments.

Much traditional moral theory supposes that morality is primarily a matter of law or principle apprehended as something external to the moral agent and binding that agent in a manner that is contrary to inclination. If this were not so, morality would be superfluous. Nevertheless, in this essay I maintain that the appearance of an opposition between morality and inclination is simply an artifact of human sinfulness, which alienates us from our true nature as rational beings.

I agree with about 95% of what Paul Moser has written in his book The Elusive God. However, I have three main points of disagreement with Moser, two of which I ventilate in this paper. The third I discuss in my paper "What's Love Got to Do with It?" also on this website.

Postcolonial Liberalism presents a compelling account of the challenges to liberal political theory by claims to cultural and political autonomy and land rights made by indigenous peoples today. It also confronts the sensitive issue of how liberalism has been used to justify and legitimate colonialism. Ivison argues that there is a pressing need to re-shape liberal thought to become more receptive to indigenous aspirations and modes of being. What is distinctive about the book is the middle way it charts between (...) separatism, on the one hand, and assimilation, on the other. These two options present a false dichotomy as to what might constitute a genuinely postcolonial liberal society. In defending this ideal, the book addresses important recent debates over the nature of public reason, justice in multicultural and multinational societies, collective responsibility for the past, and clashes between individual and group rights. (shrink)

This is an introduction to my edited book, the Research Handbook on Liberalism (2024). Some chapters tackle broad, meta-level questions about the coherence and justificatory limits and possibilities of liberalism; others tackle conceptual issues; still others, specific institutional, cultural, historical, and political questions. This introductory chapter is intended to provide a general orientation to these discussions, but also highlight some recurring themes and challenges facing liberalism in an era of rampant inequality, illiberalism, rising autocracies, populism, and massive technological change. I (...) provide a taxonomy of five different kinds of liberalism in play in the field, along with three overarching challenges discussed in the book - the apparent insufficiency, complacency, and self-undermining nature of liberalism. Can contemporary liberalism survive? It can, but not without clearly grasping some of the fundamental challenges it faces today. (shrink)

This chapter looks at the discussion of materialism in John Locke’s Essay concerning Human Understanding, and then at parts of the Anglophone reaction to those discussions. It considers the early criticisms of Locke by Edward Stillingfleet and the anonymous author of three sets of Remarks on Locke’s Essay. It then looks at some other ways in which readers reacted to Locke’s discussions: the views of Anthony Collins and John Toland, which one might be tempted to think of as Lockean materialism; (...) William Carroll’s reading of Locke as a Spinozistic materialist; and the dualistic Lockeanism of William Duncan’s Lockean logic textbook. (shrink)

The Ashgate Research Companion to Multiculturalism brings together a collection of new essays by leading and emerging scholars in the humanities and social sciences on some of the key issues facing multiculturalism today. It provides a comprehensive and cutting-edge treatment of this important and hotly contested field, offering scholars and students a clear account of the leading theories and critiques of multiculturalism that have developed over the past twenty-five years, as well as a sense of the challenges facing multiculturalism in (...) the future. Key leading scholars, including James Bohman, Barbara Arneil, Avigail Eisenberg, Ghassan Hage, and Paul Patton, discuss multiculturalism in different cultural and national contexts and across a range of disciplinary approaches. In addition to contributions, Duncan Ivison also provides a comprehensive Introduction which surveys the field and offers an extensive guide to further reading. (shrink)

This chapter criticizes several methods of responding to the techniques foreign powers are widely acknowledged to be using to subvert U.S. elections. It suggests that countries do this when they have a legitimate stake in each other’s political deliberations, but no formal voice in them. It also suggests that if they accord each other such a voice, they will engage as co-deliberators with arguments, rather than trying to undermine each other’s deliberative processes; and that this will be salutary for all (...) parties. It moots several methods for giving nations such a voice, ranging from inviting representatives of foreign powers to participate in debates in each other’s high-level elections, to having representatives of all nations vote in each other’s key elections or legislative bodies, or in international bodies constituted in recognition of the need for binding global deliberation about shared issues. (shrink)

Hume said that the reasons that determine the rationality of one's actions are the desires one has when acting: one's actions are rational iff they advance these desires. Thomas Nagel says this entails calling rational, actions absurdly conflicting in aims over time. For one might have reason, in one's current desires, to begin trying to cause states one foresees having reason, in one's foreseen desires, to prevent. Instead, then, real reasons must be timeless, so that current and foreseen reasons cannot (...) conflict. I say the desire theory does not have absurd consequences. A rational agent's desires would rationally evolve, never requiring actions conflicting in aims over time, except where it was instrumentally rational for her to change in her desires, whence such conflicts are rationally appropriate. Further, whatever sorts of things count as real reasons, since reasons can rationally require their own revision, they cannot be necessarily timeless. (shrink)

What does the 'colonialist' reading of Locke's political theory suggest about the relationship between liberalism and colonialism in general, as well as the pre-history of liberalism in particular?

Hylomorphists claim that sensation is a bodily act. In this essay, I attempt to make sense of this notion but conclude that sensation is not a bodily act, but a mental one occurring in an intentional field of awareness.

James Sterba describes the egoist as thinking only egoist reasons decide the rationality of choices of action, the altruist, only altruistic reasons, that each in effect begs the question of what reasons there are against the other, and that the only non-question-begging and therefore rationally defensible position in this controversy is the middle-ground position that high-ranking egoistic reasons should trump low ranking-altruistic considerations and vice versa, this position being co-extensive with morality. Therefore it is rationally obligatory choose morally. I object (...) that the mere fact that a position is intermediate between two extremes does not mean it isn’t question-begging; that Sterba’s style of argument could be used to prove anything and therefore proves nothing; that it can be used to prove obvious falsehoods and therefore doesn’t necessarily track the truth; that it can be used to prove the truth of contingent, empirically obvious falsehoods when, since it is necessary a prior that one ought to be moral, something can be a good argument for the rationality of morality only if the argument’s style would entail only truths necessary a priori; that Sterba’s argument cannot inherit plausibility from what Sterba describes as the decision theoretic idea that when choosing among options where we have no evidence that one is more appropriate than the other, we must treat them as equally choice-worthy, since there is no such idea in decision theory, and shouldn’t be (for when, for example, there is no evidence that x exists and no evidence that x does not exist, one should believe that x does not exist; one should not chose as if x’s existence and non-existence were equally likely); that Sterba’s argument style is not analogous to the compromise strategies recommended in bargaining theory, nor in negotiating situations (although it would profit Sterba to consider David Gauthier’s approach in seeking to demonstrate that morality is both a middle ground between egoism and altruism, and is rationally obligatory); that it is problematic to see egoistic and altruistic reasons as commensurable and therefore admitting of a middle ground, especially a unique middle ground; that in any case, egoistic and altruistic reasons are not exhaustive of the reasons there could be; that the only sense in which moving to middle ground results in the parties not begging the question against each other is that it means they would be agreeing with each other and therefore not holding positions against each other, whether question-beggingly or otherwise, a fact which offers neither any rationally compelling reason to move her position closer to that of the other (for how can the mere fact that if we agreed we wouldn’t be begging the question against each other be a reason to agree?); and that even if morality is both rationally obligatory and a middle ground between egoism and altruism, it won’t be in any interesting sense true that this holds because the alternative would be question-begging, which means that analyzing the basis of the rationality of morality as being found in this principle of argumentation theory misconceives the nature of morality. (shrink)

An overview of the import of disjunctivism to the problem of radical scepticism is offered. In particular, the disjunctivist account of perceptual experience is set out, along with the manner in which it intersects with related positions such as naïve realism and intentionalism, and it is shown how this account can be used to a motivate an anti-sceptical proposal. In addition, a variety of disjunctivism known as epistemological disjunctivism is described, and it is explained how this proposal offers a further (...) way of responding to radical scepticism. (shrink)

This paper is a two-part project. First, I reject the analogous relationship between the Holocaust and slaughterhouses (found in the anti-meat novel The Lives of Animals) and cross-species analogical thinking entirely; instead, I opt for modes of analysis that can examine the specific circumstances of animals within slaughterhouses. Secondly, I assert that a socio-economic Marxist analysis is the best prism in which to recognize the suffering of pre-slaughter animals and the causation of their suffering (the ostensibly necessary circulation and production (...) of the meat-commodity). (shrink)

This paper reviews six attempts to give cooperative solutions to Prisoners Dilemmas: symmetry (agents are in identical situations, so should choose the same way, so should both choose cooperation because that’s better for each), mechanism (each agent should delegate the decision to a machine which will choose cooperation for them provided the other does likewise), inducement (the agents should make a side bet which pays off only upon both cooperating), resolution (each agent should resolve to cooperate, then act on the (...) resolution), alternative principle (rationality requires not dominance reasoning and so defecting, but constrained maximization or resolution compliance or “sophisticated” choosing, and so cooperation), and preference revision (each agent should acquire conditional preferences to cooperate, then cooperate provided the other agent has acquired similar preferences). It distinguishes one-stage from two-stage games, as well as endogenously available solutions (ones available to agents in the circumstances of the game merely due to the nature of rationality) from solutions requiring exogenous devices. It contrasts Edward McClennen’s endogenous solution, which is some combination of resolution and alternative principle solution, with David Gauthier’s endogenous alternative principle solution. It argues that all have problems, ones best solved by the endogenous preference revision solution defended by Duncan MacIntosh. (shrink)