In Just Fodder, Milburn argues for a relational account of our duties to animals. Following Clare Palmer, he argues that, though all animals have negative rights that we have a duty not to violate, we only gain positive obligations towards animals in the contexts of our relationships with them, which can be personal or political. He argues that human beings have collective positive duties towards domesticated animals, in virtue of the kind of relationship between us established by domestication. However, when (...) it comes to wild animals, he argues that we have no such morally relevant relationships, and so we have only negative duties towards them. I argue that throughout history and even prehistory human beings have morally entangled themselves with wild animals sufficiently that we may in fact have collective positive duties towards many, if not all, wild animals. (shrink)

Well‐functioning agents ordinarily have an excellent epistemic relationship to their intentional actions. This phenomenon is often characterized as knowledge of what one is doing and labeled “practical knowledge”. But when we examine it carefully, it seems to require a particular kind of understanding ‐ understanding of the normative structure of one's action. Three lines of argument are offered to support this Necessity of Understanding thesis. The first appeals to the nature of intentional action and the second to our everyday reasons (...) explanation of action. The final line of argument draws on a practical amnesia case in which an agent forgets her overall goal while acting. Implications of the Necessity of Understanding thesis for the widely endorsed non‐observational view of practical knowledge are briefly discussed. It is argued that support for the non‐observational view is weaker than has been appreciated. (shrink)

While much has been written about the functional profile of intentions, and about their normative or rational status, comparatively little has been said about the subjective authority of intention. What is it about intending that explains the ‘hold’ that an intention has on an agent—a hold that is palpable from her first-person perspective? I argue that several prima facie appealing explanations are not promising. Instead, I maintain that the subjective authority of intention can be explained in terms of the inner (...) structure of intention. In adopting an intention the agent comes to see herself as criticizable depending on whether she executes the intention. This allows us to explain in first-personal terms why the agent becomes disposed to act and deliberate in ways that are characteristic of intention. As intention-formation involves profound changes to reflexive evaluative attitudes, this is the ‘Self-Evaluation’ view of the subjective authority of intention. (shrink)

The charge of hypocrisy is a peculiar kind of accusation: it is damning and ubiquitous; it is used to deny the hypocrite standing to speak; and it is levelled against a great variety of conduct. Much of the philosophical literature on hypocrisy is aimed at explaining why hypocrisy is wrongful and worthy of censure. We focus instead on the use of the accusation of hypocrisy and argue for a revisionary claim. People think that hypocrisy in politics is bad and that (...) calling it out is good. Our novel claim is that even if hypocrisy in politics is bad (and that is a big if), calling it out is worse. We give a feminist case as to why accusations of hypocrisy are problematic. We also go further and claim that hypocrisy is a ubiquitous and perhaps even a necessary and beneficial part of political debate in liberal democracies. We also consider and reject candour as a possible alternative solution to hypocrisy in public debate. We argue that requiring people to be candid is not necessarily a good solution because it will often require one to divulge what is private when there are good reasons not to do so. (shrink)

It has been widely accepted that intentional actions are “the actions to which “a certain sense of the question ‘why?’ is given application” (Anscombe 1957/2000: 9). But there are robust reasons for thinking that this claim is false. First, there are intentional actions for which such questions are unsound. We have good reasons for thinking that the questions are not “given application” in these cases. Second, when these questions are “given application” this is best explained, it is argued, not in (...) terms of a necessary link between intentional action and this type of enquiry, but in terms of the fact that this is an enquiry that we pursue when we take an agent to have exercised certain of their rational capacities. (shrink)

Prediction-based decisions, which are often made by utilizing the tools of machine learning, influence nearly all facets of modern life. Ethical concerns about this widespread practice have given rise to the field of fair machine learning and a number of fairness measures, mathematically precise definitions of fairness that purport to determine whether a given prediction-based decision system is fair. Following Reuben Binns (2017), we take ‘fairness’ in this context to be a placeholder for a variety of normative egalitarian considerations. We (...) explore a few fairness measures to suss out their egalitarian roots and evaluate them, both as formalizations of egalitarian ideas and as assertions of what fairness demands of predictive systems. We pay special attention to a recent and popular fairness measure, counterfactual fairness, which holds that a prediction about an individual is fair if it is the same in the actual world and any counterfactual world where the individual belongs to a different demographic group (cf. Kusner et al. (2018)). (shrink)

There are various forms of teleological thinking central to debates in the early modern and modern periods, debates in which David Hume (1711–1776) is a key figure. In the first section, we shall introduce three levels at which teleological considerations have been incorporated into philosophical accounts of man and nature, and sketch Hume’s criticisms of these approaches. In the second section, we turn to Hume’s non-teleological ‘science of man’. In the third section, we show how Hume has an account of (...) human flourishing that is not dependent on teleology. In the fourth section, we shall speculate as to the relation between Hume’s account of human nature and contemporary evolutionary accounts of morality and reasoning. (shrink)

In debates about rationalizing action explanation causalists assume that the psychological states that explain an intentional action have both causal and rational features. I scrutinize the presuppositions of those who seek and offer rationalizing action explanations. This scrutiny shows, I argue, that where rational features play an explanatory role in these contexts, causal features play only a presuppositional role. But causal features would have to play an explanatory role if rationalizing action explanation were a species of causal explanation. Consequently, we (...) should conclude that action explanation is not a species of causal explanation. (shrink)

We argue that relating to myself as me provides, as such, a reason to care about myself: grasping that an event involves me, instead of another, makes it matter in a special way. Further, this self-concern is not simply a matter of seeing in myself some instrumental value for other ends. We use as our foil a recent skeptical challenge to this view offered in Setiya 2015. We think the case against self-concern is powered by unwarrantedly narrow construals of three (...) key notions. One is the notion of a first-personal way of relating to oneself. A narrow account of the first person in terms of special epistemic relations to oneself makes it easy to overlook a source of non-instrumental reasons of self-concern, located in the special relation a subject has to herself as agent. Two is the notion of what it is to be a reason. And, three, is the notion of self-concern itself. We show that the skeptical case rests in part on a slide towards neighbouring but distinct notions of egoism and selfishness. We also argue that Setiya’s notion of self-love, offered to capture the pre-theoretical intuition of self-concern, cannot do it justice. (shrink)

This chapter aims to get away from the ‘psychological attitude’ approach framing current philosophical discussion of delusion. We ask not what kind of attitude a delusion is – a belief or an imagination? Something else? – as if it were already clear what the ‘content’ of a delusion could be. We aim instead to shift attention to the question of the ‘object’ of delusions. What is delusion of? What is the object of this form of thinking? This focus on a (...) delusion’s object, over its attitudinal nature, is partly motivated by a desire properly to connect delusory thought with ordinary forms of fantastical thinking that are ubiquitous in the experiences faced by reflective humans in everyday life. We aim at securing a continuity, in a way that much extant discussion of delusion fails to, between delusory thought with more ordinary forms of thinking present in, for example, fantastical or magical thinking. Exploring familiar expressions of such thinking, especially those involved in love and loss, enables us to bring out the way in which such expressions convey forms of affective self-consciousness – that have the subject and her relations as an object – that are not naturally taken as reports liable to investigation as true or false. This raises the question about what how to think about what someone is doing when they give expression to a delusion should we think of them as expressing an attitude towards a truth or false content, or may they be doing something rather different? (shrink)

John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational basis review (...) in terms of liberal neutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (shrink)

In this paper, we raise and discuss a puzzle about the relationships among goods, reasons, and deontic status. Suppose you have it within your power to give someone something they would enjoy. The following claims seem platitudinous: you can use this power to reward whatever kind of option you want, thereby making that option better and generating a reason for that person to perform it; this reason is then weighed alongside and against the other reasons at play; and altogether, the (...) reasons determine the deontic statuses of that person’s options. We show, however, that in a certain class of cases at least one of these apparent platitudes must be false. In particular, we show that in a certain kind of case wrongfulness cannot be rewarded. In some cases, if one tries to reward wrongfulness, something surprising must go awry: either what you attempt to give as a reward would not, in fact, be good, or it would not generate a reason, or it would have a surprising effect on the deontic status of the relevant options. The upshot is that the relationships among goods, reasons, and deontic status are complicated in ways that have not previously been remarked. (shrink)

This paper explores one aspect of God’s omniscience, that is, his knowledge of human minds. In §1 I spell out a traditional notion of divine knowledge, and in §2 I argue that our understanding of the thoughts of others is a distinct kind of knowledge from that involved in knowledge of the physical world; it involves empathizing with thinkers. In §3 I show how this is relevant to the question of how, and whether, God understands the thoughts of man. There (...) is, we shall see, some tension between the alleged direct nature of God’s intuition-based knowledge and the empathetic nature of understanding other. (shrink)

Responding to an article in a previous issue from Matthew B. O’Brien on the impermissibility of same-sex marriage, this reply corrects a misinterpretation of Rawls’s understanding of political liberalism and a misdirected complaint against the jurisprudence of the U.S. federal courts on civil marriage and other matters. In correcting these interpretations, I seek to demonstrate that a publicly reasonable case for same-sex civil marriage is conceivable in line with political liberalism. I conclude the article by arguing that, although the (...) same-sex civil marriage issue is likely to be a matter of controversy for some time in western societies, a proper understanding of the theoretical issues at stake may contribute to a partial de-escalation of the ‘culture wars’ currently surrounding the issue. (shrink)

Hume’s Critique of Religion is a valuable and rewarding contribution to Hume scholarship. The atheistic interpretation that the authors defend is well supported and convincingly argued. Although Gaskin’s Hume’s Philosophy of Religion is (rightly) highly regarded, I believe that Bailey and O’Brien provide a more compelling and convincing interpretation. Their account is, in particular, much stronger in respect of the historical background and contextual considerations that they draw on to support of their interpretation. These historical advances are achieved without (...) weakening the care and attention that is given to Hume’s philosophical arguments. Students and more advanced scholars alike will find this study highly illuminating and instructive. It deserves to be widely read and carefully considered. -/- . (shrink)

O'Brien & Opie's (O&O's) theory demands a view of unconscious processing that is incompatible with virtually all current PDP models of neural activity. Relative to the alternatives, the theory is closer to an AI than a parallel distributed processing (PDP) perspective, and its treatment of phenomenology is ad hoc. It raises at least one important question: Could features of network relaxation be the “switch” that turns an unconscious into a conscious network?

Dan O’Brien gives an excellent analysis of testimonial knowledge transmission in his article ‘Communication Between Friends’ (2009) noting that the reliability of the speaker is a concern in both externalist and internalist theories of knowledge. O’Brien focuses on the belief states of Hearers (H) in cases where the reliability of the Speaker (S) is known via ‘intimate trust’, a special case pertaining to friendships with a track record of reliable or unreliable reports. This article considers the notion of (...) ‘intimate trust’, specifically in the context of online fan communities, in which the amount of time as a member of an online fan community and the extent of one’s posting history often results in something like ‘intimate trust’ between fans who are, for all other purposes, strangers. In the last two years, Twitter has provided a number of celebrities with a place to update fans and ‘tweet’ back and forth an innumerable number of times in any given day. This accentuates the intimacy to such a level that it becomes a ‘caricature of intimacy’ – the minute-to-minute updates accentuate the illusion that the fan ‘knows’ the celebrity, but the distance and mediation are still carefully maintained. This is an issue with both ethical and epistemological implications for fan-fan and fan-celebrity relationships online, considering ethics of care and ethics of justice, whether fans ‘owe’ celebrities a certain amount of distance and respect, and whether stars owe the fan something in return, either in the sense of reciprocal Kantian duties or Aristotelian moderation. (shrink)

The study conducted by O'Brien and their colleagues aimed to assess the impact of three methods for diversifying environmental risk on multiple cattle farms in Ireland. These three methods, as highlighted in the study, include: 1) The combination of grass and white clover (referred to as GWC), 2) Organic farming (referred to as OFS), and 3) An approach involving both agriculture and forestry (referred to as AGF), with a specific focus on the technique of combining perennial crops, grazing pastures, and (...) harvesting for storage (known as Silvopasture). While there are various other options available for diversifying livestock production sources, the three methods mentioned above are representative of livestock systems primarily based on natural grass. The study covers the entire life cycle of both dairy and beef cattle, from calf age to maturity, spanning the three years from 2017 to 2019, making it highly representative of Ireland. (shrink)

Nghiên cứu của O'Brien và đồng nghiệp tiến hành đánh giá ảnh hưởng của 3 phương pháp đa dạng hóa rủi ro môi trường [1] đối với tác động môi trường ở một số trang trại nuôi gia súc tại Ireland. Ba phương pháp thường được đề xuất, đề cập trong nghiên cứu này là: 1) Hỗn hợp cỏ và white clover (GWC), 2) Canh tác hữu cơ (OFS), và 3) Tiếp cận nông lâm (AGF). Với AGF thì cụ thể (...) là phương pháp kết hợp cây lâu năm, với đồng cỏ chăn thả và thu hoạch cất trữ (Silvopasture). (shrink)

A central debate in philosophy of action concerns whether agential knowledge, the knowledge agents characteristically have of their own actions, is inferential. While inferentialists like Sarah Paul hold that it is inferential, others like Lucy O’Brien and Kieran Setiya argue that it is not. In this paper, I offer a novel argument for the view that agential knowledge is non-inferential, by posing a dilemma for inferentialists: on the first horn, inferentialism is committed to holding that agents have only alienated (...) knowledge of their own actions; on the second horn, inferentialism is caught in a vicious regress. Neither option is attractive, so inferentialism should be rejected. (shrink)

A long line of writers on Evans – Andy Hamilton, Lucy O'Brien, José Bermúdez, and Jason Stanley, to name just a few – assess Evans' account of first-person thought without heeding his warnings that his theory comprises an information and an action component. By omitting the action component, these critics are able to characterize Evans' theory as a perceptual model theory and reject it on that ground. This paper is an attempt to restore the forgotten element. With this component put (...) back in, the charge of Evans' theory as a perceptual model of such thoughts falls apart, and the theory turns out to have enough merit to project itself as a legitimate contender for a plausible account of ‘I’-thought. (shrink)

Contributors: -/- John Beatty (British Columbia); Kelly James Clark (Ibn Haldun, Istanbul); Angela Coventry (Portland State); Thomas Holden (UC Santa Barbara); Willem Lemmens (Antwerp); Robin Le Poidevin (Leeds); Jennifer Marusic (Edinburgh); Kevin Meeker (South Alabama); Amyas Merivale (Oxford); Peter Millican (Oxford); Dan O’Brien (Oxford Brookes); Graham Oppy (Monash); Paul Russell (Lund); Andre C. Willis (Brown).

This idea that what is distinctive of intentional performances (or at least of those intentional performances that amount to skilled actions) is one’s practical knowledge in it —i.e., knowledge of what one is doing while doing it— famously traces back to Anscombe ([]1963] 2000). While many philosophers have theorized about Anscombe’s notion of practical knowledge (e.g., Setiya (2008), Thompson et al. (2011), Schwenkler (2019), O’Brien (2007)), there is a wide disagreement about how to understand it. This paper investigates how (...) best to understand practical knowledge for it to play the desired explanatory role in a reductive theory of intentional action, of intention-in-action, and of control-in-action. I argue that practical knowledge ought to be construed as a dynamic knowledge state and that structured practical senses (Pavese 2015) are needed to model it. (shrink)

If Australasian philosophers constitute the kind of group to which a collective identity or broadly shared self-image can plausibly be ascribed, the celebrated history of Australian materialism rightly lies close to its heart. Jack Smart’s chapter in this volume, along with an outstanding series of briefer essays in A Companion to Philosophy in Australia and New Zealand (Forrest 2010; Gold 2010; Koksvik 2010; Lycan 2010; Matthews 2010; Nagasawa 2010; Opie 2010; Stoljar 2010a), effectively describe the naturalistic realism of Australian philosophy (...) of mind. In occasional semi-serious psychogeographic speculation, this long-standing and strongly-felt intellectual attitude has been traced back to the influences of our light, land, or lifestyle (Devitt 1996, x; compare comments by Chalmers and O’Brien in Mitchell, 2006). Australasian work in philosophy of mind and cognition has become more diverse in the last 40 years, but is almost all still marked, in one way or another, by the history of these debates on materialism. (shrink)

The Report presents insights which illuminates the intertwinements of European regulatory policies and global governance arrangements. By pinning down the exact nature of the interaction between these two levels, the EU’s dilemma becomes obvious: On the one hand, stronger global governance can be a chance, through which the EU can clarify its own raison d’être of increased integration to the wider world. On the other hand, the design of the European project is being challenged by more assertive global structures. This (...) is especially the case in relation to the WTO regime, which is constraining the decisional autonomy of the EU, regarding the appropriateness of its content and its external effects. Thus, the regulation of services in the EU and the WTO are discussed in the first section of this report. Section two focuses on labour standards, which are analysed from different angles in order to clarify the functions of the WTO and the ILO, multinational companies as well as other private actors within this specific field. The final section deals with the legitimacy problematic of transnational governance. Table of contents: Introduction Christian Joerges and Poul F. Kjaer Section One: Freedom of Services Chapter 1 The Multiple Understandings of Conflict between Trade in Services and Labour Protection Alexia Herwig Chapter 2 Competing in Markets, not Rules: The Conflict over the Single Services Market Susanne K. Schmidt Chapter 3 Competitiveness and Labour Protection: A Comment Markus Krajewski Section Two: Labour Standards Chapter 4 WTO and ILO: Can Social Responsibility be maintained in International Trade? Josef Falke Chapter 5 Reframing RECON: Perspectives on Transnationalisation and Post-national Democracy from Labour Law Claire Methven O’Brien Chapter 6 Transnational Governance and Human Rights: The Obligations of Private Actors in the Global Context Regina Kreide Section Three: The Legitimacy of Transnational Governance Chapter 7 Legitimacy through Precaution in European Regulation of GMOs? From the Standpoint of Governance as Analytical Perspective Maria Weimer Chapter 8 The Justice Deficit of the EU and other International Organisations Jürgen Neyer Chapter 9 Towards Normative Legitimacy of the World Trade Order Alexia Herwig and Thorsten Hüller Chapter 10 From Utopia to Apology – The Return to Inter-state Justice in Normative IR Scholarship: Comments on Neyer and Herwig & Hüller Jens Steffek. (shrink)

If someone says, “You’ve stereotyped me,” we hear the statement as an accusation. One way to interpret the accusation is as follows: you haven’t seen or treated me as an individual. In this essay, I interpret and evaluate a theory of wrongful stereotyping inspired by this thought, which I call the failure-to-individualize theory of wrongful stereotyping. According to this theory, stereotyping is wrong if and only if it involves failing to treat persons as individuals. I argue that the theory—however one (...) interprets it—is inadequate. Either the theory will not reliably identify all cases of wrongful stereotyping or it will fail to adequately explain why they are wrong. I conclude that it does not follow that we must entirely jettison the objection that stereotyping fails to treat persons as individuals. What follows is only that the objection must play a more circumscribed role in a theory of when and why stereotyping is wrong. (shrink)

Written by a diverse range of scholars, this accessible introductory volume asks: What is implicit bias? How does implicit bias compromise our knowledge of others and social reality? How does implicit bias affect us, as individuals and participants in larger social and political institutions, and what can we do to combat biases? An interdisciplinary enterprise, the volume brings together the philosophical perspective of the humanities with the perspective of the social sciences to develop rich lines of inquiry. It is written (...) in a non-technical style, using relatable examples that help readers understand what implicit bias is, its significance, and the controversies surrounding it. Each chapter includes discussion questions and additional reading suggestions. A companion webpage contains teaching resources. The volume will be an invaluable resource for students—and researchers—seeking to understand criticisms surrounding implicit bias, as well as how one might answer them by adopting a more nuanced understanding of bias and its role in maintaining social injustice. (shrink)

If you care about securing knowledge, what is wrong with being biased? Often it is said that we are less accurate and reliable knowers due to implicit biases. Likewise, many people think that biases reflect inaccurate claims about groups, are based on limited experience, and are insensitive to evidence. Chapter 3 investigates objections such as these with the help of two popular metaphors: bias as fog and bias as shortcut. Guiding readers through these metaphors, I argue that they clarify the (...) range of knowledge-related objections to implicit bias. They also suggest that there will be no unifying problem with bias from the perspective of knowledge. That is, they tell us that implicit biases can be wrong in different ways for different reasons. Finally, and perhaps most importantly, the metaphors reveal a deep—though perhaps not intractable—disagreement among theorists about whether implicit biases can be good in some cases when it comes to knowledge. (shrink)

Individuals tend to judge bad side effects as more intentional than good side effects (the Knobe or side- effect effect). Here, we assessed how widespread these findings are by testing eleven adult cohorts of eight highly contrasted cultures on their attributions of intentional action as well as ratings of blame and praise. We found limited generalizability of the original side-effect effect, and even a reversal of the effect in two rural, traditional cultures (Samoa and Vanuatu) where participants were more likely (...) to judge the good side effect as intentional. Three follow-up experiments indicate that this reversal of the side-effect effect is not due to semantics and may be linked to the perception of the status of the protagonist. These results highlight the importance of factoring cultural context in our understanding of moral cognition. (shrink)

Stereotypes are commonly alleged to be false or inaccurate views of groups. For shorthand, I call this the falsity hypothesis. The falsity hypothesis is widespread and is often one of the first reasons people cite when they explain why we shouldn’t use stereotypic views in cognition, reasoning, or speech. In this essay, I argue against the falsity hypothesis on both empirical and ameliorative grounds. In its place, I sketch a more promising view of stereotypes—which avoids the falsity hypothesis—that joins my (...) earlier work on stereotypes in individual psychology with the work of Patricia Hill Collins on cultural stereotypes. According to this two-part hybrid theory, stereotypes are controlling images or ideas that enjoy both a psychological and cultural existence, which serve a regulative social function. (shrink)

This paper raises questions concerning Ted Morris’ interpretation of Hume’s notion of meaning and investigates the private and public aspects of Hume’s notion of meaning.

This chapter is an extended version (almost 2x in length) of an essay first published in Australasian Philosophical Review. -/- Abstract: In On Female Body Experience, Iris Marion Young argues that a central aim of feminist and queer theory is social criticism. The goal is to understand oppression and how it functions: know thy enemy, so as to better resist. Much of Sally Haslanger’s work shares this goal, and her newest article, “Cognition as a Social Skill,” is no exception. In (...) this essay, I will specify what I believe is special and insightful about Haslanger’s theory of oppression and her most recent addition to it. However, I also explore what it is missing, namely, an account of what Young calls “individual [embodied] experience, subjectivity, and identity.” Echoing a chorus of critical voices, I argue that this omission undermines Haslanger’s ability to effectively theorize group oppression and how to resist it. The core problem is this. Haslanger privileges a third-person methodology that prioritizes social structures over all else. I conclude by amplifying a collective call to action: any adequate theory of oppression must attend to both the lived experiences of individuals and to social structures, that is, to the broad institutional and cultural underpinnings of oppression. A theory that does only one, or the other, will fail. Through this analysis, the chapter contributes to an overall aim of this volume, namely, to advance our understanding of racial and gender-based group oppressions by paying closer attention to facts about embodiment. (shrink)

In ‘Cognition as a Social Skill’, Sally Haslanger enhances her theory of oppression with new concepts: ‘mindshaping,’ ‘doxa,’ ‘heterodoxy,’ and ‘hidden transcripts.’ This essay examines these new c...

Judith Butler’s influential work in feminist theory is significant for its insight that sexist discourse in popular culture affects the agency and consciousness of individuals, but offers an inadequate account of how such discourse might be said to touch, shape, or affect selves. Supplementing Butler’s account of signification with a Deweyan pragmatic account of meaning-making and selective emphasis enables a consistent account of the relationship between discourse and subjectivity with a robust conception of the bodily organism. An analysis of the (...) popular discourse surrounding Hillary Clinton in the 2008 Presidential campaign demonstrates why this hybrid pragmatic/poststructuralist account is necessary. (shrink)

In “Stereotyping as Discrimination: Why Thoughts Can Be Discriminatory,” I propose that stereotyping someone—even if you manage to keep your thoughts hidden and don’t act on them—can constitute a form of discrimination (2021b). What, Alex Madva asks, are the practical implications of this claim? Even if I am correct that stereotyping constitutes a form of discriminatory treatment, it’s still possible that people should keep on speaking and acting as if “discrimination” refers exclusively to behaviors and policies. He invites me to (...) explore the “potential payoffs and perils” of referring to thoughts and perceptions as discriminatory, especially as they relate to legal practice and social-scientific inquiry (2021, 46). (shrink)

Some provisions of the UN’s Convention on the Elimination of Discrimination Against Women (CEDAW) are clearly important from the perspective of business ethics, particularly those calling for equal rights for women to employment and financial security. Some other provisions of CEDAW are equally as important for ethical business practices and Corporate Social Responsibility (CSR), but are frequently overlooked because of the presumption that they are not strictly business concerns: the rights of women to participation in public life, marriage, and family (...) rights; the rights of rural women to adequate living conditions; and general rights to equality. This chapter will discuss the conceptual commitments that underlie the assumption of a clear demarcation between work and life concerns, and examine the criticisms of this assumption made by feminism. It will, in particular, be interested in: -/- • The public/private distinction • The meaning of “work” or “labor” • The relationship between CSR and care ethics • Fostering a broader understanding of the family or familial relations • Examining the connection between fair wages and work/life integration -/- These discussions suggest that the ability for businesses worldwide to uphold the tenets of CEDAW is dependent upon a reconsideration of the character of the Ideal Worker and a nuanced understanding of the effects of workplace policies on the wider communities in which businesses operate. In particular, though work/life integration is not strictly speaking a “women’s issue,” the ethical and policy considerations addressed herein currently have disproportionately negative effects for women; thus, addressing them is crucial for achieving the aims of gender equality. (shrink)

In Faces of Inequality: A Theory of Wrongful Discrimination, Sophia Moreau embarks on a classic philosophical journey. It’s what philosophers nowadays call an explanatory project. The goal of explanatory projects is to deepen our understanding of wrongful actions and what they share in common. In this review essay, I argue that Moreau’s book embodies a valuable explanatory project and contribution to discrimination theory that ought to be on the radar of lawyers, legal theorists, and philosophers. After sketching the book’s arguments, (...) I explain why they are so refreshing. The remainder of the essay proceeds in a more critical mode. First, I argue that book’s explanatory aspirations fall short, and I sketch a framework for a more radically pluralistic theory of wrongful discrimination. This framework has the power to embrace Moreau’s compelling view that discrimination wrongs people by failing to treat them as equals while also recognizing a rich array of other discriminatory wrongs found in lived experience. Second, I argue that Faces of Inequality will disappoint readers looking for a truly inclusive account of wrongful discrimination. I end by emphasizing the book’s contribution to political philosophy and its ambition to provide a truly liberatory theory of what we owe to each other as moral and political equals. (shrink)

Why does social injustice exist? What role, if any, do implicit biases play in the perpetuation of social inequalities? Individualistic approaches to these questions explain social injustice as the result of individuals’ preferences, beliefs, and choices. For example, they explain racial injustice as the result of individuals acting on racial stereotypes and prejudices. In contrast, structural approaches explain social injustice in terms of beyond-the-individual features, including laws, institutions, city layouts, and social norms. Often these two approaches are seen as competitors. (...) Framing them as competitors suggests that only one approach can win and that the loser offers worse explanations of injustice. In this essay, we explore each approach and compare them. Using implicit bias as an example, we argue that the relationship between individualistic and structural approaches is more complicated than it may first seem. Moreover, we contend that each approach has its place in analyses of injustice and raise the possibility that they can work together—synergistically—to produce deeper explanations of social injustice. If so, the approaches may be complementary, rather than competing. (shrink)