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 Eskridge and Frickey, editors of the Materials as published finally in 1994, credit it, along with another unpublished student paper by Roberto Unger, with hastening the demise of the Materials as a master text.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)

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.

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)

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)

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)

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)

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.

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)

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)

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)

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)

Draft for the Oxford Handbook of Margaret Cavendish (edited by Julie Crawford with Jacqueline Broad). -/- This chapter looks at Margaret Cavendish's treatment of the supernatural, beginning by asking how she distinguishes the natural from the supernatural, and then by examining her treatment of a series of alleged supernatural beings: fairies, ghosts, witches, the human supernatural soul, angels, and God. Throughout, it argues that Cavendish's approach to the supernatural is often similar to Thomas Hobbes's.

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.

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)

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)

The two most common accounts of the category of relation are the "toothpick" account of relations and the inherent attribute view of relations. In this essay, I present and defend another traditional account of relations, according to which they are neither real things in their own right nor inherent attributes of things. Instead, they are creatures of reason grounded in objective, non-relational attributes of things. I illustrate this view by reference to the major classes of relations that have some claim (...) to be real or objective - grounded in being. In an appendix, I use this account to discuss what it means to say that the persons of the Trinity are "substantial relations.". (shrink)

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.

What are the properties of composite objects, and how do the properties of composite objects and the properties of their proper parts relate to one another? The answers to these questions depend upon which view of composition one adopts. One view, which I call the orthodox view, is that composite objects are numerically distinct from their proper parts, individually and collectively. Another view, known as composition as identity, is that composite objects are numerically identical to their proper parts, taken together. (...) I argue that the orthodox view entails that the intuitive picture of composite objects and their properties that most accept is false. Not so for composition as identity. I also show that all of the available alternatives face serious difficulties. This puts composition as identity at an advantage over the orthodox view, at least when it comes to accounting for the properties of composite objects. (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)

Perhaps the most commonly discussed argument against the possibility of extended simples is the argument from heterogeneity. The argument states that, if extended simples are possible, then extended simples which exhibit intrinsic qualitative variation across space (or spacetime) are also possible [Premise 1]. But, the argument goes, it is impossible for an extended simple to exhibit intrinsic qualitative variation across space (or spacetime) [Premise 2]. Thus, extended simples are impossible. I argue that there is a serious problem with the argument (...) from heterogeneity: the best arguments in support of the first premise undermine support for the second. Thus, there appears to be no good reason to accept both premises. (shrink)

What would it mean to have a suitably ‘realistic’ account of political liberty? On the one hand, I don’t think we can properly understand liberty without an underlying account of personhood or agency.2 In making sense of liberty, we need to ask: What kind of agency does it presuppose or promote? What kind of independence do we care most about? What does it mean to exercise control, or to be self-guiding, in the kind of world we live in today? At (...) the same time, a conception of moral and political personhood needs to be appropriately ‘realistic’: It shouldn’t be over-idealized (or over-simplified), nor demand more than can be reasonably expected, given the kind of creatures we are. (shrink)

In this paper, I present the case for an objective, as opposed to subjective, conception of happiness along familiar, classical lines.

This is a short (1,000 word) introduction to Hobbes's materialism, covering (briefly) such issues as what the relevant notion of materialism is, Hobbes's debate with Descartes, and what Hobbes's arguments for materialism were.

In this paper I defend the thesis that, considered simply as certain sorts of bodily sensations, pleasure is not the good nor is pain intrinsically evil. In fact, the opposite is largely the case: pursuit of pleasure is generally productive of ontic evil, and pain, when heeded, directs us toward the ontic good.

The subject of this paper is not Wittgensteinian ethics but Wittgenstein’s own ethical beliefs, specifically as these are revealed in the so-called Koder diaries. While the Koder Diaries, also known as Manuscript 183, do contain the kind of thing that one would expect to find in a diary (e.g. accounts of travel and personal relationships), they also contain more obviously philosophical remarks, sometimes as reflections on these personal remarks. Wittgenstein’s diaries illustrate well a point that Iris Murdoch has emphasized, that (...) a person’s inner life can have an ethical dimension not necessarily directly related to overt action or to other people. The kind of ethical concern that we see in these diaries is one with what we might call global implications. Not in the sense that they might affect the whole planet but in the sense that, for Wittgenstein (or anyone else involved in such struggles or deliberations), they might affect every aspect of his life in the way that a religious conversion might change one’s whole life. This ethical ubiquity is another idea that Murdoch has brought to attention. (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)

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)

As a contribution to a wider discussion on moral discernment in theological anthropology, this paper seeks to answer the question “What is the impact of mental illness on an individual’s ability to make moral decisions?” Written from a clinical psychiatric perspective, it considers recent contributions from psychology, neuropsychology and imaging technology. It notes that the popular conception that mental illness necessarily robs an individual of moral responsibility is largely unfounded. Most people who suffer from mental health problems do not lose (...) the capacity to make moral decisions, and mental illness on its own rarely explains anti-social or criminal behaviour. Moreover, the assumptions of some scientists, that recent developments in neuropsychology and brain imaging suggest biological determinism, must be treated with caution. (shrink)

In this paper I explore the implications of the notion of hyperspace for scientific realism and the sort of theoretical activity represented by the attempt to arrive at a literal characterization of the noumenal realities that natural science, especially physics, investigates. I conclude that whether or not this enterprise is possible, its being so depends on factors outside of our control for which no internal means of correction is possible. Only a very attenuated form of scientific realism, then, can reasonably (...) be endorsed by sober philosophy. (shrink)

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)

In Rita Indiana’s novel, Tentacle, the future of the Dominic Republic is postulated as bleak and dystopian: a nuclear ecological disaster has nearly ruined the ocean, colorism and racism are pervasive, Haitians are indiscriminately executed due to an unnamed “virus” (Indiana 3), and historical class divisions, as well as wealth inequalities, are maintained. The various issues that Indiana’s future-oriented Dominican Republic is facing emerge from political contingencies: they are the result of clear choices facilitated by the political leaders of the (...) Dominican Republic. Yet, while the text renders historical reality as contingent and liable to change, it also explicitly points out the limits of individual agency and action. Tentacle demonstrates the politico-ontological dismissal of subjects that is enacted through necropolitics. The text also recognizes the contingent nature of political formation and necropolitics, and by doing so, implicitly contests the essentialization of formerly colonized countries such as the Dominican Republic. Ultimately, I argue that the precarity of the political subject and the material-political-reality are not depicted in Tentacle as necessary or inevitable parts of some dialectic process of progression, but rather as potentially preventable or intervenable processes that evade individual agency. (shrink)

In this paper I discuss the existence of the substantial self and argue against those, like Hume, who deny its reality.

Although this piece was inspired by the kinds of legal puzzles discussed by Hart and Honore in Causation in the Law, the puzzle cases presented here are intended to test the reader's intuitions about what constitutes murder. Play along!

In this paper, I argue that neuroscience not only is not complemented, but rather is positively undermined, by the substantive commitments of materialist philosophers of mind. Thus, we can have neuroscience or "neurophilosophy" but not both. Since neuroscience is a real science, to the extent that it is in tension with materialistic neurophilosophy, the latter should be abandoned and the former retained.

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)

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)

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?

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)

My aim in this chapter is to take the complexity of our histories of rights as seriously as the nature of rights themselves. Let me say immediately that the point is not to satisfy our sense of moral superiority by smugly pointing out the prejudices found in arguments made over three hundred years ago. We have more than our own share of problems and prejudices to deal with. Rather, in coming to grips with this history, and especially how early-modern political (...) theorists struggled with the extension and application of natural rights to the ‘New World’, we may learn something about our own struggles to extend human rights beyond the boundaries of the state system of which Grotius, Hobbes, Locke and Vattel were among the key intellectual architects. For Richard Tuck, the autonomous rights-bearing agent at the heart of liberal individualism is a product of seventeenth-century theorizing about the nature of the autonomous state acting in the international sphere. The sovereign individual is the ‘traditional cousin of the sovereign state’, argues Tuck, and especially the aggressive, violent, and minimally constrained relative described by Hugo Grotius, Thomas Hobbes, John Locke and Emer de Vattel. Thus the connection between liberalism and imperialism, on this reading, is not merely chronological or historical but metaphysical. The analogy between the sovereign state and the sovereign individual acting on the basis of their natural rights, constrained by the recognition of the basic rights of others (but not much more than that) represents an influential vision of liberal freedom. This minimalist account of freedom represents only one vision, however, and Tuck’s account of the pre-history of liberal rights has to be balanced against other conceptions, including more emancipatory ones. (shrink)