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)

The ecosystem services argument is a highly publicised instrumental argument for protecting biodiversity. I develop a new objection to this argument based on the lack of a causal connection from global species losses to local ecosystem changes. I survey some alternative formulations of services arguments, including ones incorporating option value or a precautionary principle, and show that they do not fare much better than the standard version. I conclude that environmental thinkers should rely less on ecosystem services as a means (...) to defend biodiversity, and that attention should be focused on additional types of value which might be attributed to global biodiversity. (shrink)

A common criticism of the use of algorithms in criminal justice is that algorithms and their determinations are in some sense ‘opaque’—that is, difficult or impossible to understand, whether because of their complexity or because of intellectual property protections. Scholars have noted some key problems with opacity, including that opacity can mask unfair treatment and threaten public accountability. In this paper, we explore a different but related concern with algorithmic opacity, which centers on the role of public trust in grounding (...) the legitimacy of criminal justice institutions. We argue that algorithmic opacity threatens the trustworthiness of criminal justice institutions, which in turn threatens their legitimacy. We first offer an account of institutional trustworthiness before showing how opacity threatens to undermine an institution’s trustworthiness. We then explore how threats to trustworthiness affect institutional legitimacy. Finally, we offer some policy recommendations to mitigate the threat to trustworthiness posed by the opacity problem. (shrink)

I develop an account of ecological role functions—the functions of species within ecosystems—which is informed by alternative regime phenomena in ecology. My account is a causal-role theory which includes a counterfactual sensitivity condition. The account tracks and explains a distinction ecologists make between functions and various activities which are not functions. My counterfactual sensitivity condition resolves the liberality problem often attributed to causal-role theories of function, while also illuminating the explanatory centrality of role functions within ecology.

Gassendi and Hobbes knew each other, and their approaches to philosophy often seem similar. They both criticized the Cartesian epistemology of clear and distinct perception. Gassendi engaged at length with skepticism, and also rejected the Aristotelian notion of scientia, arguing instead for a probabilistic view that shows us how we can move on in the absence of certain and evident knowledge. Hobbes, in contrast, retained the notion of scientia, which is the best sort of knowledge and involves causal explanation. He (...) thought, however, that this sort of knowledge was only available in geometry and political philosophy. (shrink)

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)

I am aware of the rain outside, but only in virtue of looking at a weather report. I am aware of my friend, but only because I hear her voice through my phone. Thus, there are some things that I’m aware of, but only indirectly. Many philosophers believe that there are also some things of which I am directly aware. The most plausible candidates are experiences such as pains, tickles, visual sensations, etc. In fact, the philosophical consensus seems to be (...) that experiences are the only plausible candidates for acquaintance. But I will argue that we are also acquainted with ourselves. After outlining what it means to be acquainted with oneself, I will introduce, develop, and defend a commonly used test for acquaintance. Then I will apply this test to us and show that we pass. I will consider various objections to my argument. But ultimately I will conclude that we can be, and often are, acquainted with ourselves. (shrink)

The original – and often continuing – sin of countries with a settler colonial past is their brutal treatment of indigenous peoples. This challenging legacy continues to confront modern liberal democracies ranging from the USA and Canada to Australia, New Zealand and beyond. Duncan Ivison’s book considers how these states can justly accommodate indigenous populations today. He shows how indigenous movements have gained prominence in the past decade, driving both domestic and international campaigns for change. He examines how the (...) claims made by these movements challenge liberal conceptions of the state, rights, political community, identity and legitimacy. Interweaving a lucid introduction to the debates with his own original argument, he contends that we need to move beyond complaints about the ‘politics of identity’ and towards a more historically and theoretically nuanced liberalism better suited to our times. This book will be a key resource for students and scholars interested in political theory, historic injustice, Indigenous studies and the history of political thought. (shrink)

This paper addresses the stalemate on the question whether biodiversity has intrinsic value. I distinguish between a “weak” conception and two “strong” conceptions of intrinsic value in the environmental ethics literature. The strong conceptions of intrinsic value are connected, respectively, to moral standing and to a strongly objectivist account of value. Neither of these forms of value likely applies to biodiversity. However, the weak conception of intrinsic value is neutral about both moral standing and the nature of value and plausibly (...) applies to biodiversity. In addition, weak intrinsic value avoids common objections to the claim that biodiversity is intrinsically valuable. I develop a cumulative argument showing that environmentalists should presume that biodiversity has intrinsic value in the weak sense. (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)

The strongest arguments for the permissibility of geoengineering (also known as climate engineering) rely implicitly on non-ideal theory—roughly, the theory of justice as applied to situations of partial compliance with principles of ideal justice. In an ideally just world, such arguments acknowledge, humanity should not deploy geoengineering; but in our imperfect world, society may need to complement mitigation and adaptation with geoengineering to reduce injustices associated with anthropogenic climate change. We interpret research proponents’ arguments as an application of a particular (...) branch of non-ideal theory known as “clinical theory.” Clinical theory aims to identify politically feasible institutions or policies that would address existing (or impending) injustice without violating certain kinds of moral permissibility constraints. We argue for three implications of clinical theory: First, conditional on falling costs and feasibility, clinical theory provides strong support for some geoengineering techniques that aim to remove carbon dioxide from the atmosphere. Second, if some kinds of carbon dioxide removal technologies are supported by clinical theory, then clinical theory further supports using those technologies to enable “overshoot” scenarios in which developing countries exceed the cumulative emissions caps that would apply in ideal circumstances. Third, because of tensions between political feasibility and moral permissibility, clinical theory provides only weak support for geoengineering techniques that aim to manage incoming solar radiation. (shrink)

Ecological neutral theory has been controversial as an alternative to niche theory for explaining community structure. Neutral theory, which explains community structure in terms of ecological drift, is frequently charged with being unrealistic, but commentators have usually not provided an account of theory or model realism. In this paper, I propose a framework for comparing the “realism” or accuracy of alternative theories within a domain with respect to the extent to which the theories abstract and idealize. Using this framework I (...) argue, contrary to most previous commentators, that neutral and niche theories are similarly realistic. Realism cannot provide a basis for accepting or rejecting either type of theory; instead, community ecologists should continue working with a plurality of models. While theoretical unification may become possible, we should treat a plurality of complementary, partial models as the expected situation within community ecology. (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)

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 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)

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)

Can liberalism survive? In this edited collection, twenty leading political theorists explore the future and past of liberal political thought. Covering issues such as migration, climate change, the family, multiculturalism, structural injustice, rights, justice, equality, misinformation, illiberalism (and post-liberalism) - amongst others - the essays engage with fundamental normative and conceptual questions, as well as detailed analyses of specific historical and contextual challenges facing liberalism today. Forthcoming in May 2024.

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)

In this paper, we argue that ‘Weak Modal Rationalism’, which is the view that ideal primary positive conceivability entails primary metaphysical possibility, is self-defeating. To this end, we outline two reductio arguments against ‘Weak Modal Rationalism’. The first reductio shows that, from supposing that ‘Weak Modal Rationalism’ is true, it follows that conceivability both is and is not conclusive evidence for possibility. The second reductio shows that, from supposing that ‘Weak Modal Rationalism’ is true, it follows that it is possible (...) that ‘Weak Modal Rationalism’ is necessarily false, and hence that ‘Weak Modal Rationalism’ is false. We then argue that adopting a weaker position according to which conceivability is merely prima facie evidence for possibility provides limited protection from our criticism of conceivability arguments. (shrink)

Some types of solar radiation management (SRM) research are ethically problematic because they expose persons, animals, and ecosystems to significant risks. In our earlier work, we argued for ethical norms for SRM research based on norms for biomedical research. Biomedical researchers may not conduct research on persons without their consent, but universal consent is impractical for SRM research. We argue that instead of requiring universal consent, ethical norms for SRM research require only political legitimacy in decision-making about global SRM trials. (...) Using Allen Buchanan & Robert Keohane's model of global political legitimacy, we examine several existing global institutions as possible analogues for a politically legitimate SRM decision-making body. (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)

Theories of practical rationality say when it is rational to form and fulfill intentions to do actions. David Gauthier says the correct theory would be the one our obeying would best advance the aim of rationality, something Humeans take to be the satisfaction of one’s desires. I use this test to evaluate the received theory and Gauthier’s 1984 and 1994 theories. I find problems with the theories and then offer a theory superior by Gauthier’s test and immune to the problems. (...) On this theory, it is rational to treat something different as the aim when doing so would advance the original aim. I argue that the idea that this would be irrational bad faith entails contradictions and so is false, as must be theories saying that rationally we must always treat as the aim the bringing about of objectively good states of affairs or obeying a universalizable moral code. (Note: the published version differs somewhat from the version on the website of the Center for Ethics and the Rule of Law; please quote from the published version.). (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 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)

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?

In this paper I offer an alternative to the standard, mechanistic/fatalistic account of causal necessity, one compatible with the existence of laws of nature but not deterministic in the way this is usually understood.

There are two kinds of resentment relevant to the politics of multiculturalism today. 1 The first, which is basically Nietzsche’s conception of ressentiment, occurs under conditions in which people are subject to systematic and structural deprivation of things they want (and need), combined with a sense of powerlessness about being able to do anything about it. It manifests itself in terms of a focused anger or hatred towards that group of people who seem to have everything they want, and yet (...) also symbolize their powerlessness to get it. For Nietzsche, of course, it was out of this set of emotions and psychological state of mind that the ‘slave revolt’ that gave birth to modern morality emerged, supplanting the aristocratic values oriented around good and bad with the reactive and slavish values of those oriented around good and evil (Nietzsche 1989: 36- 39). The desire to lash out or take revenge against those who you perceive as keeping you down, keeping you from enjoying all the benefits and advantages others enjoy and that you want or feel you deserve, for Nietzsche, is a basic emotional orientation that can – in combination with other complex forces - reshape an entire culture. A second form of resentment is of a more moralized kind; a reactive sentiment bound up with holding another morally accountable for their actions. I resent your curtailment of my liberty, for example, just because I believe we share certain moral commitments – for example, a.. (shrink)

Gauthier claims: (1) a non-maximizing action is rational if it maximized to intend it. If one intended to retaliate in order to deter an attack, (2) retaliation is rational, for it maximized to intend it. I argue that even on sympathetic theories of intentions, actions and choices, (1) is incoherent. But I defend (2) by arguing that an action is rational if it maximizes on preferences it maximized to adopt given one's antecedent preferences. (2) is true because it maximized to (...) adopt preferences on which it maximizes to retaliate. I thus save the theory that rational actions must maximize, and extend it into the rational criticism of preferences. (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)

Chrisoula Andreou says procrastination qua imprudent delay is modeled by Warren Quinn’s self-torturer, who supposedly has intransitive preferences that rank each indulgence in something that delays his global goals over working toward those goals and who finds it vague where best to stop indulging. His pair-wise choices to indulge result in his failing the goals, which he then regrets. This chapter argues, contra the money-pump argument, that it is not irrational to have or choose from intransitive preferences; so the agent’s (...) delays are not imprudent, not instances of procrastination. Moreover, the self-torturer case is intelligible only if there is no vagueness and if the agent’s preferences are transitive. But then he would delay only from ordinary weakness of will. And when it is vague where best to stop indulging, rational agents would use symmetry-breaking techniques; so, again, any procrastination would be explained by standard weakness of will, not vagueness. (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)

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)

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)

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)

Trust is a crucial condition for the legitimacy and effectiveness of democratic institutions in conditions of deep diversity and enduring injustices. Liberal democratic societies require forms of engagement and deliberation that require trustful relations between citizens: trust is a necessary condition for securing and sustaining just institutions and practices. Establishing trust is hard when there is a lingering suspicion that the institutions citizens are subject to are illegitimate or undermine their ability to participate and deliberate on equal terms. The promise (...) of participation, the appeal to deliberation and inclusion, in other words, is experienced as a form of bad faith. In this paper, I offer four conditions required for democratic trust and discuss them in relation to a series of examples of both democratic mistrust and attempts at rebuilding trust. (shrink)

In this essay, I discuss the standard objections to substance dualism and conclude that they are far less formidable than is usually supposed.

To the normal reasons that we think can justify one in preferring something, x (namely, that x has objectively preferable properties, or has properties that one prefers things to have, or that x's obtaining would advance one's preferences), I argue that it can be a justifying reason to prefer x that one's very preferring of x would advance one's preferences. Here, one prefers x not because of the properties of x, but because of the properties of one's having the preference (...) for x. So-revising one's preferences is rational in paradoxical choice situations like Kavka's Deterrence Paradox. I then try to meet the following objections: that this is stoicist, incoherent, bad faith; that it conflates instrumental and intrinsic value, gives wrong solutions to the problems presented by paradoxical choice situations, entails vicious regresses of value justification, falsifies value realism, makes valuing x unresponsive to x's properties, causes value conflict, conflicts with other standards of rationality, violates decision theory, counsels immorality, makes moral paradox, treats value change as voluntary, conflates first- and second-order values, is psychologically unrealistic, and wrongly presumes that paradoxical choice situations can even occur. (shrink)

This chapter discusses the fundamental question of the defense industry’s role and legitimacy for societies. It begins with a parable of a psychopath doing something self-serving that has beneficial moral consequences. Analogously, it is argued, the defense industry profiting by selling weapons that can kill people makes it useful in solving moral problems not solvable by people with ordinary moral scruples. Next, the chapter argues that while the defense industry is a business, it is also implicated in the security of (...) its home nations. In addition, its products can be used for good or evil. Thus, it must navigate conflicting values, with the result that the rules often thought to rightly regulate the industry—codes of business ethics, engineering ethics, procurement ethics, plus laws of the land, and dicta of conscience—need supplementing by general moral reflection. This chapter argues for a principle that tells how to decide when to violate the rules, for a theory of rational choice on which choosing by this principle is rational, and for teaching that theory to defense industry employees to ensure their ethical behavior. (shrink)

Susan Okin read Robert Nozick as taking it to be fundamental to his Libertarianism that people own themselves, and that they can acquire entitlement to other things by making them. But she thinks that, since mothers make people, all people must then be owned by their mothers, a consequence Okin finds absurd. She sees no way for Nozick to make a principled exception to the idea that people own what they make when what they make is people, concluding that Nozick’s (...) theory of entitlement must be false, and that entitlement must instead be rooted in people’s needs. I say Okin misreads Nozick’s Libertarianism. In fact, its fundamental principle is that, simply by being persons, people are entitled to the maximum negative liberty compatible with a like liberty for all persons. Further, Nozick, and Jan Narveson, who has taken on the advocacy of Libertarian ideas, analyze liberty as freedom to interact with things, and analyze being entitled to or having property in something, as freedom to interact with it, to determine what may be done with it. People therefore have such freedom to do what they want with themselves, and such freedom to do what they want with other things, as is compatible with all persons having similar freedom. The former is what self-ownership amounts to, the latter, ownership of other things. Libertarianism’s fundamental principle therefore both grounds and delimits entitlements in ways entailing that mothers don’t own persons by dint of making them. Otherwise, since it would then be the prerogative of mothers to determine what shall be done with the persons they made, the persons made would lack equal liberty, this violating the fundamental principle. (shrink)

Aboriginal claims for self-government in the Americas and Australasia are distinctive for being less about secession—at least so far—than about demanding an innovative rethinking of the regulative norms and institutions within and between already established nation-states. Recent cases in Australia (and Canada) provide an opportunity to consider the nature of such claims, and some of the theoretical implications for regulative conceptions of sovereignty and the rule of law. A general question informing the entire discussion here is: how do particular conceptions (...) of the rule of law affect Aboriginal claims? Can a distinctive body of Aboriginal law survive in a liberal constitutional state already constituted in part by regulative ideals of the rule of law? (shrink)

Quentin Smith argues that if God exists, He had a duty to ensure life's existence; and He couldn't rationally have done so and made a big bang unless a counter-factual like "If God had made a big bang, there would have been life," was true pre-creation. But such counter-factuals are not true pre-creation. I argue that God could have made a big bang without irrationality; and that He could have ensured life without making big bangs non-random. Further, a proper understanding (...) of the truth-conditions of counter-factuals like the one above lets them have determinate truth-values pre-creation. But the explanation of how the above counter-factual can be true pre-creation is more complicated than that offered by William Lane Craig. (shrink)

A philosophical genealogy of the development of liberal 'arts of government' through the work of John Locke and Michel Foucault.

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)

David Gauthier thinks agents facing a prisoner's dilemma ('pd') should find it rational to dispose themselves to co-operate with those inclined to reciprocate (i.e., to acquire a constrained maximizer--'cm'--disposition), and to co-operate with other 'cmers'. Richmond Campbell argues that since dominance reasoning shows it remains to the agent's advantage to defect, his co-operation is only rational if cm "determines" him to co-operate, forcing him not to cheat. I argue that if cm "forces" the agent to co-operate, he is not acting (...) at all, never mind rationally. Thus, neither author has shown that co-operation is rational action in a pd. (shrink)

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)

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)

Gauthier and Hobbes reduce Prisoners Dilemmas to co-ordination problems (CPs). Many think rational, face-to-face agents can solve any CP by agreed fiat. But though an agent can rationally use a symmetry-breaking technique (ST) to decide between equal options, groups cannot unless their members' STs luckily converge. Failing this, the CP is escapable only by one agent's non-rational stubbornness, or by the group's "conquest" by an outside force. Implications: one's strategic rationality is group-relative; there are some optimums groups in principle cannot (...) rationally choose; thus justice cannot always be a rationally contracted optimum. Howard Sobel provides the point of departure. (shrink)