To be acquainted with something (in the philosophical sense of “acquainted” discussed here) is to be directly aware of it. The idea that we are acquainted with certain things we experience has been discussed throughout the history of Western Philosophy, but in the early 20th century it gained especially focused attention among analytic philosophers who drew their inspiration from Bertrand Russell's work on acquaintance. Since then, many philosophers—particularly those working on self‐knowledge or perception—have used the notion of acquaintance to explain (...) various facts about human experience and knowledge. In this paper, I offer an overview of this work, with particular focus on the resurgent literature on acquaintance in contemporary analytic philosophy. After more fully explaining what acquaintance is (or is supposed to be), I describe some reasons for thinking that we are indeed acquainted with certain things we experience, and then I survey some of the facts about experience and knowledge that acquaintance may help explain. (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)

Some philosophers claim that propositions are simple—i.e., lack parts. In this paper, I argue that this claim is mistaken. I start with the widely accepted claim that propositions are the objects of beliefs. Then I argue that the objects of beliefs have parts. Thus, I conclude that propositions are not simple. My argument for the claim that the objects of beliefs have parts derives from the fact that beliefs are productive and systematic. This fact lurks in the background of debates (...) about the metaphysics of propositions. But its import for these debates has yet to be fully appreciated. So here I bring the point to the fore, and thus make manifest a powerful argument against simple propositions. (shrink)

I can be aware of myself, and thereby come to know things about myself, in a variety of different ways. But is there some special way in which I—and only I—can learn about myself? Can I become aware of myself by introspecting? Do I somehow show up in my own conscious experiences? David Hume and most contemporary philosophers say no. They deny that the self shows up in experience. However, in this paper I appeal to research on schizophrenia—on thought insertion, (...) in particular—to argue that Hume and his follows are wrong: The self does, in fact, show up in experience. (shrink)

When we experience the world – see, hear, feel, taste, or smell things – we gain all sorts of knowledge about the things around us. And this knowledge figures heavily in our reasoning about the world – about what to think and do in response to it. But what is the nature of this knowledge? On one commonly held view, all knowledge is constituted by beliefs in propositions. But in this paper I argue against this view. I argue that some (...) knowledge is constituted, not by beliefs in propositions, but by awareness of properties and objects. To make my case, I focus on the role of visual perception in reasoning. I start by introducing a principle about the relationship between knowledge and reasoning, which says that to learn something new by reasoning, one must know the bases of one’s reasoning. Then I argue that in some cases of genuine, knowledge-conferring reasoning, the bases of our reasoning are not propositions that we believe; rather, they’re properties or objects that we see. Thus, I conclude that some such knowledge is non-propositional and is rather what some call “knowledge of things”. (shrink)

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

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 I walk into a restaurant to meet up with a friend, I look around and see all sorts of things in my immediate environment—tables, chairs, people, colors, shapes, etc. As a result, I know of these things. But what is the nature of this knowledge? Nowadays, the standard practice among philosophers is to treat all knowledge, aside maybe from “know-how”, as propositional. But in this paper I will argue that this is a mistake. I’ll argue that some knowledge is (...) constituted, not by beliefs toward propositions, but by awareness of properties and objects. Seeing isn’t believing, but it is knowing. After further characterizing this type of knowledge, I will make the case for it. Then I will consider a variety of objections. Finally, I will indicate how our recognition of this knowledge may answer other questions, and solve other problems, in philosophy. (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)

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)

“We are animals.” That’s what animalists say—that’s their slogan. But what animalists mean by their slogan varies. Many animalists are adamant that what they mean—and, indeed, what the true animalist thesis is—is that we are identical to animals (human animals, to be precise). But others say that’s not enough. They say that the animalist thesis has to be something more—perhaps that we are essentially or most fundamentally human animals. This paper argues that, depending on how we understand it, animalism is (...) either false or uninteresting. If animalism is just the claim that we are identical to animals, then it is uninteresting. For it doesn’t provide an answer to the question it’s meant to address. On the other hand, if animalism entails a stronger claim, such as that we are essentially animals, then animalism is false. Either way, we should set animalism aside. (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.

It is widely thought that grounding is a hyperintensional phenomenon. Unfortunately, the term ‘hyperintensionality’ has been doing double-duty, picking out two distinct phenomena. This paper clears up this conceptual confusion. We call the two resulting notions hyperintensionalityGRND and hyperintensionalityTRAD. While it is clear that grounding is hyperintensionalGRND, the interesting question is whether it is hyperintensionalTRAD. We argue that given well-accepted constraints on the logical form of grounding, to wit, that grounding is irreflexive and asymmetric, grounding is hyperintensionalTRAD only if one (...) endorses a sentential operator view of grounding. We argue that proponents of the sentential operator view will need to distinguish two importantly different kinds of hyperintensionalityTRAD—weak and strong—and we offer them a way to do so. (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.

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.

It seems like experience plays a positive—even essential—role in generating some knowledge. The problem is, it’s not clear what that role is. To see this, suppose that when your visual system takes in information about the world around you it skips the experience step and just automatically and immediately generates beliefs in you about your surroundings. A lot of philosophers think that, in such a case, you would (or at least could) still know, via perception, about the world around you. (...) But then that raises the question: What epistemic role was the experience playing? How did it contribute to your knowledge of your surroundings? Philosophers have given many different answers to these questions. But, for various reasons, none of them has really stuck. In this paper I offer and defend a different answer to these questions—a solution to the problem—which avoids the pitfalls of other answers. I argue that experience is, all by itself, a kind of knowledge—it’s what Bertrand Russell (1912) calls “knowledge of things”. So I argue that experience helps generate knowledge simply by being knowledge. (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)

I mostly agree with most of what Paul Moser has said in his books in the Philosophy of Religion. The views he has defended are a needed corrective to the evidentialist paradigm in the philosophy of religion. At the same time, his development of his central ideas has resulted in views that are, somewhat idiosyncratic and extreme. In this essay I hope to present a different articulation of those ideas, also defensible from within a Christian perspective, that preserves their central (...) thrust without being so extreme. (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)

Subtitled "The Lazy Gambler's Guide to Choosing a Religion," this essay presents an account of Pascal's Wager that avoids most of the major traditional objections to Pascal's appeal to self-interest as an incentive to the investigation of Christian evidences. I then turn to what I call "the Lazy Objection" to the wager, which claims that there are too many religions all of which can make a similar appeal and argue that this is simply false. I conclude that, considered as a (...) rhetorical strategy, the Wager is really a Challenge, one we decline at our peril. (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)

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)

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 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)

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)

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)

Subjectivity is that feature of consciousness whereby there is something it is like for a subject to undergo an experience. One persistent challenge in the study of consciousness is to explain how subjectivity relates to, or arises from, purely physical brain processes. But, in order to address this challenge, it seems we must have a clear explanation of what subjectivity is in the first place. This has proven challenging in its own right. For the nature of subjectivity itself seems to (...) resist straightforward characterization. In this paper, I won't address how subjectivity relates to the physical. Instead, I'll address subjectivity itself. I'll do this by introducing and defending a model of subjectivity based on self-acquaintance. My model does not purport to reduce, eliminate, or naturalize subjectivity, but it does make subjectivity more tractable, less paradoxical, and perhaps less dubious to those averse to obscurity. (shrink)

Suppose that you're lying in bed. You just woke up. But you're alert. Your mind is clear and you have no distractions. As you lie there, you think to yourself, ‘2 + 2 = 4.’ The thought just pops into your head. But, wanting to be sure of your mathematical insight, you once again think ‘2 + 2 = 4’, this time really meditating on your thought. Now suppose that you're sitting in an empty movie theatre. The lighting is normal (...) and the screen in front of you is blank. Then at some point an image of a peach is flashed on the screen. The image isn't up there for long. In fact, it's only on the screen for what seems like an instant—just long enough for you to see it. These two scenarios are a bit mundane. But, as I will show, reflection on them can yield significant results concerning the nature of persons and their persistence through time. First I will show that thought and perception have temporal constraints whereby your thinking or perceiving in the above scenarios implies that you exist through a temporally.. (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.

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)

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)

This chapter considers Ralph Cudworth as a philosophical critic of Hobbes. Cudworth saw Hobbes as a representative of the three views he was attacking: atheism, determinism, and the denial that morality is eternal and immutable. Moreover, he did not just criticize Hobbes by assuming that a general critique of those views applied to Hobbes’s particular case. Rather, he singled out Hobbes, often by quoting him, and argued against the distinctively Hobbesian positions he had identified. In this chapter I look at (...) Cudworth as a critic of Hobbes in two of the three central areas, atheism and ethics, focusing on passages where we see him explicitly picking out Hobbes. (shrink)

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

When it comes to personal identity, two approaches have long ruled the roost. The first is the psychological approach, which has it that our persistence through time consists in the continuance of certain of our psychological traits, such as our memories, beliefs, desires, or personality. The second is the biological approach, according to which personal persistence consists in continuity in our physical or biological makeup. Amid the bipartite reign of these approaches, a third contender has emerged: the phenomenal approach. On (...) this approach, personal persistence consists in continuity in phenomenal consciousness or the capacity for phenomenal consciousness. In this paper I will introduce and defend a new argument for the phenomenal approach. In the process, I will argue against the psychological and biological approaches. I will also address some lingering questions and outline further ways to develop the phenomenal approach. (shrink)

In a world no longer centered on the West, what should political theory become? Although Western intellectual traditions continue to dominate academic journals and course syllabi in political theory, up-and-coming contributions of “comparative political theory” are rapidly transforming the field. Deparochializing Political Theory creates a space for conversation among leading scholars who differ widely in their approaches to political theory. These scholars converge on the belief that we bear a collective responsibility to engage and support the transformation of political theory. (...) In these exchanges, “deparochializing” political theory emerges as an intellectual, educational, and political practice that cuts across methodological approaches. Because it is also an intergenerational project, this book presses us to reimagine our teaching and curriculum design. Bearing the marks of its beginnings in East Asia, Deparochializing Political Theory seeks to decenter Western thought and explore the evolving tasks of political theory in an age of global modernity. (shrink)

In virtue of what do things persist through time? Are there criteria of their identities through time? Anti-criterialists say no. One prominent challenge to anti-criterialism comes in two steps. The first step is to show that anti-criterialists are committed specifically to the claim that there are no informative metaphysically sufficient conditions for identity through time. The second step is to show that this commitment yields absurd results. Each step of this challenge is open to objection. However, in what follows, I (...) will refortify this challenge to anti-criterialism by offering new reasons to take each step. (shrink)

In the _True Intellectual System_, Cudworth attacks types of atheist position—atomic atheism, hylozoic atheism, etc. He generally uses ancient examples to illustrate those types, but also criticizes some of his contemporaries. We can identify direct criticisms of contemporaries by finding quotations, paraphrases, and accounts of their views in the text. My primary question in this paper is, 'how much of the _True Intellectual System_ is directly about or aimed at Spinoza?' My ultimate answer, contrary to some prominent voices in the (...) existing literature, is 'not very much at all'. (shrink)

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.

Many people believe that the mind is an epistemic refuge of sorts. The idea is that when it comes to certain core mental states, one’s being in such a state automatically puts one in a position to know that one is in that state. This idea has come under attack in recent years. One particularly influential attack comes from Timothy Williamson (2000), who argues that there is no central core of states or conditions—mental or otherwise—to which we are guaranteed epistemic (...) access. In Williamson’s words, we are cognitively homeless. In this paper I will argue that Williamson’s argument for the conclusion that we are cognitively homeless fails. Then I will show that there is a class of phenomenal states that constitutes a substantial cognitive refuge. When all is said and done, I will have both defended and shed light on our cognitive home. (shrink)

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

Thomas Hobbes often includes powers and abilities in his descriptions of the world. Meanwhile, Hobbes’s philosophical picture of the world appears quite reductive, and he seems sometimes to say that nothing exists but bodies in motion. In more extreme versions of such a picture, there would be no room for powers. Hobbes is not an eliminativist about powers, but his view does tend toward ontological minimalism. It would be good to have an account of what Hobbes thinks powers are, and (...) how they fit into his understanding of the world. In this chapter, I investigate Hobbes’s account of the metaphysics of powers and abilities. Section 1 considers three important aspects of Hobbes’s account of powers: the connection between powers and causes; the modal aspects of powers; and the connection between powers and motions. Sections 2 and 3 then consider interpretive arguments about whether Hobbes identifies powers with underlying corporeal features. (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)

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)

An exploration of RA Duff's 'communicative theory of punishment' in contexts of deep legal and cultural pluralism.

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)

Hobbes repeatedly expressed concerns about moral and political language, e.g., about the bad consequences of various uses and misuses of language. He did not simply focus on the consequences though. He also attempted to understand the problems, using the central semantic notion in his philosophy of language, signification. Hobbes, in both the Elements of Law and Leviathan, argues that a wide variety of terms – including ‘good’, ‘bad’, and the names of virtues and vices – have a double and inconstant (...) signification. This paper explores and explains that theory of Hobbes's. (In the course of the discussion, two other interpretations of Hobbes's claims are discussed: Pettit’s discussion in terms of indexicals, and Alexandra’s in terms of sense and reference.) This phenomenon is, Hobbes thinks, pervasive in our use of moral and political language. Indeed he says his analysis applies to all “names of such things as affect us, that is, which please, and displease us” (Leviathan 4.24), which seems a very broad category indeed. This inconstancy of signification has considerable potential to cause confusion and conflict. Given those practical consequences, it is of some importance for Hobbes to find a solution to this problem. The paper examines several possible Hobbesian solutions to the problem. There is, however, reason to think that these suggested solutions cannot completely solve the problem. The paper concludes, then, by arguing that double and inconstant signification would always be a danger, even in a properly constituted Hobbesian commonwealth. (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)

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.