In this paper, I aim to show that agency-based accounts of moral status are more plausible than many have previously thought. I do this by developing a novel account of moral status that takes agency, understood as the capacity for intentional action, to be the necessary and sufficient condition for the possession of moral status. This account also suggests that the capacities required for sentience entail the possession of agency, and the capacities required for agency, entail the possession of sentience. (...) Thus on this account sentient beings possess agency and agents possess sentience. If this is correct, it will show that an Agency Account of moral status can offer a plausible defence of the moral status of all sentient beings, something that previous Agency Accounts have not succeeded in doing. What is more, this account could establish that all sentient animals are not just moral status holders per se, but that they are owed pro tanto obligations regarding continued existence and liberty, similar in kind, though not always in strength, to those owed to humans. (shrink)

The prevalent views of animal liberty among animal advocates suggest that liberty is merely instrumentally valuable and invasive paternalism is justified. In contrast to this popular view, I argue that liberty is intrinsically good for animals. I suggest that animal well-being is best accommodated by an Objective List Theory and that liberty is an irreducible component of animal well-being. As such, I argue that it is good for animals to possess liberty even if possessing liberty does not contribute towards their (...) subjective well-being, and even in some cases where it has a negative effect upon their subjective well-being. To establish this view I argue that if animals are agents, as I assume they are, then like humans they must be able to determine the course of their own lives (to some extent). Further, having the opportunity to self-determine one’s life just is the very same thing as liberty, and having the opportunity to determine the course of one’s life is intrinsically good. Thus liberty has intrinsic value for humans and animals. So, in addition to the instrumental harms of having one’s liberty restricted, I claim that restricting animals’ liberty in principle harms them because it undermines their capacity for self-determination and fails to acknowledge their authority as agents to make their own choices. (shrink)

It is seemingly bad for animals to have their desires modified in at least some cases, for instance where brainwashing or neurological manipulation takes place. In humans, many argue that such modification interferes with our positive liberty or undermines our autonomy but this explanation is inapplicable in the case of animals as they lack the capacity for autonomy in the relevant sense. As such, the standard view has been that, despite any intuitions to the contrary, the modification of animals’ desires (...) is not harmful (at least not in itself). In this article, I offer a different perspective on this issue, laying the foundations of a novel argument in defence of the view that animals _can_ be harmed by desire modification directly. I suggest that the modification of an animal’s desires (under certain circumstances) is harmful for that animal because it undermines their agency. (shrink)

Some animal defenders are committed to complete abstinence from animal products. However the strongest arguments for adopting veganism only seem to require that one avoid using animal products, where use or procurement of these products will harm sentient animals. As such, there is seemingly a gap between our intuition and our argument. In this article I attempt to defend the more comprehensive claim that we have a moral reason to avoid using animal products, regardless of the method of procurement. I (...) argue that animal bodies give rise to properties which grant sentient animals’ moral status and in light of this, animal bodies possess final value in themselves. This final value gives us a moral reason not to commodify animal bodies, which means we have a defeasible reason to abstain from using animal products in almost all circumstances. (shrink)

It is hardly a novel claim that the work of Ursula K. Le Guin (1929–2018) contains influences from philosophical Daoism, but I argue that this influence has yet to be fully understood. Several scholars criticize Le Guin for misrepresenting Daoist ideas as they appear in ancient Chinese philosophical texts, particularly the Dao De Jing and the Zhuangzi. While I have sympathy for this charge, especially as it relates to Le Guin’s translation of the Dao De Jing, I argue that it (...) fails to understand the extent to which her fiction contains her own philosophical development of Daoist ideas. Looking at some of her most influential works (e.g., The Left Hand of Darkness, The Dispossessed, The Lathe of Heaven, A Wizard of Earthsea, etc.), I suggest that Le Guin’s fiction is better seen as a refocusing of Daoist concepts such as complementary contrasts and non-action (wu wei) in the contexts of modern feminism, modern anarchism, science fiction, and fantasy. Le Guin was not trying to represent ancient Daoism as a scholar. Rather, she was trying to reimagine Daoism as a creative artist and philosopher in her own right. This way of viewing Le Guin’s work does not fully exorcise the specter of the possibility of Orientalist cultural appropriation, but it does make the issue more complex in a way that can deepen further conversations. To what extent can an artist be guilty of misrepresentation if representation was not, strictly speaking, her goal? I end with a brief reflection on what is perhaps the deepest philosophical lesson of Le Guin’s work: everything is more complicated than it first appears. On that note, the present article is an attempt not just to do philosophy about Le Guin, but to do philosophy in a Le Guinian fashion, which requires rethinking the metaphor of combat that guides much academic philosophy today. (shrink)

All of us, including scientists, make judgments about what is true or false, probable or improbable. And in the process, we frequently appeal to concepts such as evidential support or explanation. Bayesian philosophers of science have given illuminating formal accounts of these concepts. This paper aims to follow in their footsteps, providing a novel formal account of various additional concepts: the likelihood-prior trade-off, successful accommodation of evidence, ad hocness, and, finally, consilience—sometimes also called “unification”. Using these accounts, I also provide (...) a new Bayesian analysis of how someone such as Charles Darwin hypothetically could have reasoned in favor of evolution over special creationism. Lastly, I explore how these accounts relate to other topics and accounts in philosophy, and I chart out some areas for further research. (shrink)

Stojnić et al. (2013, 2017) argue that the reference of demonstratives is fixed without any contribution from the extra-linguistic context. On their `prominence/coherence' theory, the reference of a demonstrative expression depends only on its context-independent linguistic meaning. Here, we argue that Stojnić et al.’s striking claims can be maintained in only the thinnest technical sense. Instead of eliminating appeals to the extra-linguistic context, we show how the prominence/coherence theory merely suppresses them. Then we ask why one might be tempted to (...) try and offer such a view. Since we are rather sympathetic to the motivations we find, we close by sketching a more plausible alternative. (shrink)

It is increasingly common for philosophers to rely on the notion of an idealised listener when explaining how the semantic values of context-sensitive expressions are determined. Some have identified the semantic values of such expressions, as used on particular occasions, with whatever an appropriately idealised listener would take them to be. Others have argued that, for something to count as the semantic value, an appropriately idealised listener should be able to recover it. Our aim here is to explore the range (...) of ways that such idealisation might be worked out, and then to argue that none of these results in a very plausible theory. We conclude by reflecting on what this negative result reveals about the nature of meaning and responsibility. (shrink)

I present unexplored and unaccounted for uses of 'wants'. I call them advisory uses, on which information inaccessible to the desirer herself helps determine what she wants. I show that extant theories by Stalnaker, Heim, and Levinson fail to predict these uses. They also fail to predict true indicative conditionals with 'wants' in the consequent. These problems are related: intuitively valid reasoning with modus ponens on the basis of the conditionals in question results in unembedded advisory uses. I consider two (...) fixes, and end up endorsing a relativist semantics, according to which desire attributions express information-neutral propositions. On this view, 'wants' functions as a precisification of 'ought', which exhibits similar unembedded and compositional behavior. I conclude by sketching a pragmatic account of the purpose of desire attributions that explains why it made sense for them to evolve in this way. (shrink)

Most philosophers recognize that applying the standard semantics for complex demonstratives to non-deictic instances results in truth conditions that are anomalous, at best. This fact has generated little concern, however, since most philosophers treat non-deictic demonstratives as marginal cases, and believe that they should be analyzed using a distinct semantic mechanism. In this paper, I argue that non-deictic demonstratives cannot be written off; they are widespread in English and foreign languages, and must be treated using the same semantic machinery that (...) is applied to deictic instances. (shrink)

Recently, philosophers have offered compelling reasons to think that demonstratives are best represented as variables, sensitive not to the context of utterance, but to a variable assignment. Variablists typically explain familiar intuitions about demonstratives—intuitions that suggest that what is said by way of a demonstrative sentence varies systematically over contexts—by claiming that contexts initialize a particular assignment of values to variables. I argue that we do not need to link context and the assignment parameter in this way, and that we (...) would do better not to. (shrink)

Neuroeconomics illustrates our deepening descent into the details of individual cognition. This descent is guided by the implicit assumption that “individual human” is the important “agent” of neoclassical economics. I argue here that this assumption is neither obviously correct, nor of primary importance to human economies. In particular I suggest that the main genius of the human species lies with its ability to distribute cognition across individuals, and to incrementally accumulate physical and social cognitive artifacts that largely obviate the innate (...) biological limitations of individuals. If this is largely why our economies grow, then we should be much more interested in distributed cognition in human groups, and correspondingly less interested in individual cognition. We should also be much more interested in the cultural accumulation of cognitive artefacts: computational devices and media, social structures and economic institutions. (shrink)

In this paper, I show how a novel treatment of speech acts can be combined with a well-known liberal argument for multiculturalism in a way that will justify claims about the preservation, protection, or accommodation of minority languages. The key to the paper is the claim that every language makes a distinctive range of speech acts possible, acts that cannot be realized by means of any other language. As a result, when a language disappears, so does a class of speech (...) acts. If we accept that our social identities are in large part constituted by the decisions we make about how to speak, language loss, then, will amount to a substantial infringement on our autonomy in a particularly important domain. (shrink)

The twenty-first century will witness an unprecedented decline in the diversity of the world’s languages. While most philosophers will likely agree that this decline is lamentable, the question of what exactly is lost with a language has not been systematically explored in the philosophical literature. In this paper, I address this lacuna by arguing that language loss constitutes a problematic form of illocutionary silencing. When a language disappears, past and present speakers lose the ability to realize a range of speech (...) acts that can only be realized in that language. With that ability, speakers lose something in which they have a fundamental interest: their standing as fully empowered members of a linguistic community. (shrink)

The beginning of the COVID-19 pandemic offers a unique case study for understanding conceptual and linguistic propagation. In early 2020, scientists, politicians, journalists, and other public figures had to, with great urgency, propagate several public health-related concepts and terms to every person they could. This paper examines the propagation of coronavirus and social distancing and develops a framework for understanding how the language used to express a notion can help or hinder propagation. I argue that anyone designing a representational device (...) for propagation needs to appreciate the three-way causal relationship between language, people’s mental representations, and the extramental world. Using this framework, I explore what makes “social distancing” a bad name for social distancing and why it is unproblematic that “coronavirus” is a scientifically loose way of speaking about the virus. Through this and further study of the many historical examples of linguistic and conceptual propagation, conceptual engineers can better understand the complex challenges facing people who want to propagate representational devices. (shrink)

In this paper, I argue that the ‘social meanings’ associated with sociolinguistic variation put pressure on the standard philosophical conception of language, according to which the foremost thing we do with words is exchange information. Drawing on parallels with the explanatory challenge posed by slurs and pejoratives, I argue that the best way to understand social meanings is to think of them in speech act theoretic terms. I develop a distinctive form of pluralism about the performances realized by means of (...) sociolinguistic variants, and I claim that engagement with such performances is an utterly pervasive feature of our linguistic activity. (shrink)

What determines the meaning of a context-sensitive expression in a context? It is standardly assumed that, for a given expression type, there will be a unitary answer to this question; most of the literature on the subject involves arguments designed to show that one particular metasemantic proposal is superior to a specific set of alternatives. The task of the present essay will be to explore whether this is a warranted assumption, or whether the quest for the one true metasemantics might (...) be a Quixotic one. We argue that there are good reasons—much better than are commonly appreciated—for thinking the latter, but that there nevertheless remains significant scope for metasemantic theorizing. We conclude by outlining our preferred option, metasemantic pluralism. (shrink)

I have two aims for the present paper, one narrow and one broad. The narrow aim is to show that a class of data originally described by Lynsey Wolter empirically undermine the leading treatments of complex demonstratives that have been described in the literature. The broader aim of the paper is to show that Wolter demonstratives, as I will call the constructions I focus on, are a threat not just to existing treatments, but to any possible theory that retains the (...) uncontroversial assumptions that relative clauses always form a constituent with the nouns they modify, and that semantic composition proceeds sequentially and locally, with the inputs to interpretation having the structure syntax tells us they do. (shrink)

The Knower paradox purports to place surprising a priori limitations on what we can know. According to orthodoxy, it shows that we need to abandon one of three plausible and widely-held ideas: that knowledge is factive, that we can know that knowledge is factive, and that we can use logical/mathematical reasoning to extend our knowledge via very weak single-premise closure principles. I argue that classical logic, not any of these epistemic principles, is the culprit. I develop a consistent theory validating (...) all these principles by combining Hartry Field's theory of truth with a modal enrichment developed for a different purpose by Michael Caie. The only casualty is classical logic: the theory avoids paradox by using a weaker-than-classical K3 logic. I then assess the philosophical merits of this approach. I argue that, unlike the traditional semantic paradoxes involving extensional notions like truth, its plausibility depends on the way in which sentences are referred to--whether in natural languages via direct sentential reference, or in mathematical theories via indirect sentential reference by Gödel coding. In particular, I argue that from the perspective of natural language, my non-classical treatment of knowledge as a predicate is plausible, while from the perspective of mathematical theories, its plausibility depends on unresolved questions about the limits of our idealized deductive capacities. (shrink)

Conceptual engineering is a philosophical method that aims to design and spread conceptual and linguistic devices to cause meaningful changes in the world. So far, however, conceptual engineers have struggled to successfully spread the conceptual and linguistic entities they have designed to their target communities. This paper argues that conceptual engineering is far more likely to succeed if it incorporates empirical data and empirical methods. Because the causal factors influencing successful propagation of linguistic or conceptual devices are as complicated and (...) interwoven as they are, proper empirical research will greatly boost the likelihood that propagation is successful. In arguing for the superiority of empirical conceptual engineering over armchair-based conceptual engineering, this paper proposes a framework for understanding the causal forces at play in propagation. This is a three-part framework between the label of a lexical item, the psychological states associated with the lexical item, and the worldly things associated with the lexical item. By understanding the way causal forces affecting propagation play out at these three levels, conceptual engineers can better conceptualize, study, and harness the different causal forces affecting the success of their conceptual engineering projects. (shrink)

Conceptual engineering is the practice of revising concepts to improve how people talk and think. Its ability to improve talk and thought ultimately hinges on the successful dissemination of desired conceptual changes. Unfortunately, the field has been slow to develop methods to directly test what barriers stand in the way of propagation and what methods will most effectively propagate desired conceptual change. In order to test such questions, this paper introduces the masked time-lagged method. The masked time-lagged method tests people's (...) conceptual understanding at two different points in time without their knowledge of being tested, allowing us to measure conceptual revision in action. Using a masked time-lagged design on a content internalist framework, we attempted to revise PLANET and DINOSAUR in online participants to match experts' concepts. We successfully revised PLANET but not DINOSAUR, demonstrating some of the difficulties conceptual engineers face. Nonetheless, this paper provides conceptual engineers, regardless of framework, with the tools to tackle questions related to implementation empirically and head-on. (shrink)

This paper aims to clear up the epistemology of learning morality from Artificial Moral Advisors (AMAs). We start with a brief consideration of what counts as moral enhancement and consider the risk of deskilling raised by machines that offer moral advice. We then shift focus to the epistemology of moral advice and show when and under what conditions moral advice can lead to enhancement. We argue that people’s motivational dispositions are enhanced by inspiring people to act morally, instead of merely (...) telling them how to act. Drawing upon these insights, we claim that if AMAs are to genuinely enhance people morally, they should be designed as inspiration and not authority machines. In the final section, we evaluate existing AMA models to shed light on which holds the most promise for helping to make users better moral agents. (shrink)

I present a paradoxical combination of desires. I show why it's paradoxical, and consider ways of responding. The paradox saddles us with an unappealing trilemma: either we reject the possibility of the case by placing surprising restrictions on what we can desire, or we deny plausibly constitutive principles linking desires to the conditions under which they are satisfied, or we revise some bit of classical logic. I argue that denying the possibility of the case is unmotivated on any reasonable way (...) of thinking about mental content, and rejecting those desire-satisfaction principles leads to revenge paradoxes. So the best response is a non-classical one, according to which certain desires are neither determinately satisfied nor determinately not satisfied. Thus, theorizing about paradoxical propositional attitudes helps constrain the space of possibilities for adequate solutions to semantic paradoxes more generally. (shrink)

Much has been written on whether practical knowledge (knowledge-how) reduces to propositional knowledge (knowledge-that). Less attention has been paid to what we call deliberative knowledge (knowledge-to), i.e., knowledge ascriptions embedding other infinitival questions, like _where to meet_, _when to leave_, and _what to bring_. We offer an analysis of knowledge-to and argue on its basis that, regardless of whether knowledge-how reduces to knowledge-that, no such reduction of knowledge-to is forthcoming. Knowledge-to, unlike knowledge-that and knowledge-how, requires the agent to have formed (...) certain conditional intentions. We discuss the philosophical implications for knowledge-how, deliberative questions, and virtue. (shrink)

Millikan's famous oil drop experiment is scrutinized from the viewpoint of the methodological dicta of the credibility revolution.

Standard semantic theories predict that non-deictic readings for complex demonstratives should be much more widely available than they in fact are. If such readings are the result of a lexical ambiguity, as Kaplan (in: Almog, Perry, Wettstein (eds) Themes from Kaplan, Oxford University Press, Oxford, 1977) and others suggest, we should expect them to be available wherever a definite description can be used. The same prediction follows from ‘hidden argument’ theories like the ones described by King (Complex Demonstratives: a Quantificational (...) Account, MIT Press, Cambridge, 2001) and Elbourne (Situations and Individuals, MIT Press, Cambridge, 2005). Wolter (That’s That; the Semantics and Pragmatics of Demonstrative Noun Phrases. Ph.D. thesis, University of California at Santa Cruz, 2006), however, has shown that complex demonstratives admit non-deictic interpretations only when a precise set of structural constrains are met. In this paper, I argue that Wolter’s results, properly understood, upend the philosophical status quo. They fatally undermine the ambiguity theory and demand a fundamental rethinking of the hidden argument approach. (shrink)

Gerald Gaus argued in his 1996 book Justificatory Liberalism that proponents of public reason liberalism should attempt to ground their position in a specific epistemology. Critics of public reason liberalism such as David Enoch have also argued that public reason liberals need to elucidate their epistemic claims. Surprisingly, few public reason liberals have taken up Gaus and Enoch on their challenge. This paper will interact with the epistemological position undergirding the public justification principle, access internalism, arguing that it fails. In (...) its place, I put forward and defend proper functionalism as the better grounding epistemology, and then defend the new theory from possible objections. The result will be a synthesis of Nicholas Wolterstorff’s version of liberalism and an externalist version of convergence public reason liberalism. (shrink)

This article examines the potential for moral agency in human resource management practice. It draws on an ethnographic study of human resource managers in a global organization to provide a theorized account of situated moral agency. This account suggests that within contemporary organizations, institutional structures—particularly the structures of Anglo-American market capitalism— threaten and constrain the capacity of HR managers to exercise moral agency and hence engage in ethical behaviour. The contextualized explanation of HR management action directly addresses the question of (...) whether HRM is inherently unethical. The discussion draws on MacIntyre’s conceptualization of moral agency within contemporary social structures. In practice, HR managers embody roles that may not be wholly compartmentalized. Alternative institutional structures can provide HR managers with a vocabulary of motives for people-centred HRM and widen the scope for the exercising of moral agency, when enacted within reflective relational spaces that provide milieus for critical questioning of logics and values. This article aims to contribute to and extend debate on whether HRM can ever be ethical, and provide a means of reconnecting business ethics with longstanding concerns in critical management studies. (shrink)

Advocates of the Respect Model of moral status have expressed skepticism about the possibility that radically enhanced persons will have a higher threshold of moral status over non-radically enhanced persons. While several philosophers have already argued that advocates of the Respect Model of moral status should recognize such a possibility in a world with radically enhanced persons, I make room for a stronger claim: advocates of the Respect Model of moral status should not only recognize the possibility of higher thresholds (...) of moral status, but in fact are committed to the normative view that radically enhanced persons should have a higher threshold of moral status over non-radically enhanced persons. This stronger claim induces both rational and self-interested worries about the sacrificeability of non-radically enhanced persons, which takes the form of the inequality of immunity problem. While this problem need not rationally worry the advocate of the Respect Model of moral status, I provide some exploratory solutions that can be implemented now to assuage future self-interested fears so that advocates of the Respect Model may learn to respect the dignity of radically enhanced persons. (shrink)

Nelson et al.(2023) argue that the inclusion of personal experience in bioethical debates has significant benefits and liabilities, illustrating their claim with two examples: unproven medical treatments and disability bioethics. We believe that the benefits of including personal experience in disability bioethics far exceed its liabilities. The absence of participants with relevant experience impoverishes and biases bioethical debates, while the biases risked by their inclusion are hardly unique to personal experiences and are readily mitigated.

The last two decades have seen the proliferation of the empirical study of philosophy. This dissertation defends the practice and argues that to understand the way contingent features of the practice of philosophy affect the epistemic standing of philosophers, we need to draw upon a wider and more varied set of empirical data than is sometimes supposed. To explore this, the dissertation focuses on two places where the practices of the discipline of philosophy have an effect on the epistemology of (...) philosophy. -/- First, the dissertation discusses the interaction between notable works of philosophy and their readers. In particular, it critiques the method of defending the epistemic standing of philosophers through careful examination of notable works of philosophy to discern the methods in the text. Ultimately this method is epistemically unmotivated. It is instead far more important to study how people have interacted and reacted to works of philosophy. -/- Second, the dissertation defends the use of lexicography in philosophy. Using "intuition" as a case study, the dissertation argues metasemantically and lexicographically that philosophers often use common words with meanings unique to philosophy. -/- Through both discussions it is argued that experimental philosophers and epistemologists of philosophy need to drastically expand the sorts of data they collect and consider in their theorizing. -/- ​. (shrink)

We develop and defend a new approach to counterlogicals. Non-vacuous counterlogicals, we argue, fall within a broader class of counterfactuals known as counterconventionals. Existing semantics for counterconventionals, 459–482 ) and, 1–27 ) allow counterfactuals to shift the interpretation of predicates and relations. We extend these theories to counterlogicals by allowing counterfactuals to shift the interpretation of logical vocabulary. This yields an elegant semantics for counterlogicals that avoids problems with the usual impossible worlds semantics. We conclude by showing how this approach (...) can be extended to counterpossibles more generally. (shrink)

Conventional wisdom has it that truth is always evaluated using our actual linguistic conventions, even when considering counterfactual scenarios in which different conventions are adopted. This principle has been invoked in a number of philosophical arguments, including Kripke’s defense of the necessity of identity and Lewy’s objection to modal conventionalism. But it is false. It fails in the presence of what Einheuser (2006) calls c-monsters, or convention-shifting expressions (on analogy with Kaplan’s monsters, or context-shifting expressions). We show that c-monsters naturally (...) arise in contexts, such as metalinguistic negotiations, where speakers entertain alternative conventions. We develop an expressivist theory—inspired by Barker (2002) and MacFarlane (2016) on vague predications and Einheuser (2006) on counterconventionals—to model these shifts in convention. Using this framework, we reassess the philosophical arguments that invoked the conventional wisdom. (shrink)

It is impossible to study philosophical methodology without being struck by the state of absolute chaos of the field’s methodological practices, methodological norms, and metaphilosophical beliefs. Not only are the methods of formal epistemology nothing like the methods of aesthetics, but even within specific debates and subfields, there are often significant disagreements about standards of proof, to say nothing about disagreements about the ultimate nature of the debate. The question facing metaphilosophers is whether this chaos is a feature or a (...) bug. Is the chaos a part of philosophy’s value as an incubator for new ideas or a sign that many philosophers have lost their way and are holding back philosophical progress? (shrink)

According to a prevailing view, conceptual engineering introduces a revolutionary philosophical methodology, challenging traditional conceptual analysis. However, in our paper, we argue that closer scrutiny reveals not only the falsity but also the inherent ambiguity of this narrative. We explore four interpretations of the "Anti-Novelty Claim", the claim that conceptual engineering is not a new way of doing philosophy. Discussing the Anti-Novelty Claim from the perspective of a text’s producer, the text’s consumers, and the exegetical potential of the text, we (...) examine each perspective’s metaphilosophical implications and demonstrate that taking each perspective requires different methods. Adopting these different methods, we argue that the different interpretations of the Anti-Novelty Claim range from nearly trivially true to unlikely but untested. Importantly, we emphasize that each interpretation offers unique philosophical insights, yet addressing them requires diverse types of evidence, preventing a singular, straightforward answer to whether conceptual engineering is new. (shrink)

This article articulates and assesses an imperatival approach to the foundations of mathematics. The core idea for the program is that mathematical domains of interest can fruitfully be viewed as the outputs of construction procedures. We apply this idea to provide a novel formalisation of arithmetic and set theory in terms of such procedures, and discuss the significance of this perspective for the philosophy of mathematics.

The emphasis in contemporary democratic theory and in the history of political thought on the ‘natural rights’ theory of popular sovereignty of Locke, precursors of which are found in the work of Hugo Grotius and others, obscures an important relationship between constitutional self-government and nationalism. Through an examination of the early political writings of Grotius, especially his Antiquity of the Batavian Republic, this essay shows how a national consciousness forged out of memories of native traditions of self-government, and stories of (...) heroic ancestors who successfully defended those traditions against usurpers and tyrants, gives concrete substance to otherwise inchoate theories of constitutional self-government. (shrink)

The rise of constitutional self-government in early modern Europe, I argue, owes much to a nationalist liberation narrative pioneered by French Huguenot François Hotman in Francogallia (1573). In response to appeals by absolutist thinkers to Ro- man law, which put the power of the king beyond legal or constitutional restraint, Hotman wove together tales of the heroism of ancient Gauls and Franks wresting their native liberties back from the Romans with a theory of constitutionally limited government grounded in the common (...) law of France. This type of narrative was adapted by Dutch and English thinkers who sought to defend constitutionalism in their respective countries. Through this examination of early modern liberation narratives, I argue we can gain insight on the relationship between nationalism and resistance to autocratic governments and the formation of regimes consistent with the principles of constitutional self-government. (shrink)

Background Several jurisdictions, including Singapore, Australia, New Zealand and most recently Ireland, have a public interest or public good criterion for granting waivers of consent in biomedical research using secondary health data or tissue. However, the concept of the public interest is not well defined in this context, which creates difficulties for institutions, institutional review boards and regulators trying to implement the criterion. Main text This paper clarifies how the public interest criterion can be defensibly deployed. We first explain the (...) ethical basis for requiring waivers to only be granted to studies meeting the public interest criterion, then explore how further criteria may be set to determine the extent to which a given study can legitimately claim to be in the public interest. We propose an approach that does not attempt to measure magnitude of benefit directly, but rather takes into account metrics that are more straightforward to apply. To ensure consistent and justifiable interpretation, research institutions and IRBs should also incorporate procedural features such as transparency and public engagement in determining which studies satisfy the public interest requirement. Conclusion The requirement of public interest for consent waivers in secondary biomedical research should be guided by well-defined criteria for systematic evaluation. Such a criteria and its application need to be periodically subject to intra-committee and intra-institution review, reflection, deliberation and amendment. (shrink)

Some have objected to human enhancement on the grounds that it violates the autonomy of the enhanced. These objections, however, overlook the interesting possibility that autonomy itself could be enhanced. How, exactly, to enhance autonomy is a difficult problem due to the numerous and diverse accounts of autonomy in the literature. Existing accounts of autonomy enhancement rely on narrow and controversial conceptions of autonomy. However, we identify one feature of autonomy common to many mainstream accounts: reasoning ability. Autonomy can then (...) be enhanced by improving people’s reasoning ability, in particular through cognitive enhancement; given how valuable autonomy is usually taken to be, this gives us extra reason to pursue such cognitive enhancements. Moreover, autonomy-based objections will be especially weak against such enhancements. As we will argue, those who are worried that enhancements will inhibit people’s autonomy should actually embrace those enhancements that will improve autonomy. (shrink)

Fichte assigns ‘intellectual intuition’ a new meaning after Kant. But in 1799, his doctrine of intellectual intuition is publicly deemed indefensible by Kant and nihilistic by Jacobi. I propose to defend Fichte’s doctrine against these charges, leaving aside whether it captures what he calls the ‘spirit’ of transcendental idealism. I do so by articulating three problems that motivate Fichte’s redirection of intellectual intuition from being to acting: (1) the regress problem, which states that reflecting on empirical facts of consciousness leads (...) only to further facts and so cannot yield a first principle; (2) the rhapsody problem, which states that the categories form a haphazard set and so lack necessity unless they derive from a first principle; and (3) the nihilism problem, which states that a first principle cannot lie outside our cognition of it, lest it be the cause of our cognition and, being first, the cause of all our actions, reducing us to machines. Crucially, Fichte’s three motivating problems are in fact aspects of a single problem. Leaving any aspect unsolved spoils putative solutions to the other two. Consequently, Fichte requires a single unified solution to all three, which his doctrine of intellectual intuition provides. (shrink)

A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as manifestations of human flourishing. Scholars typically contrast virtue ethics with deontological and consequentialist moral theories, tracing virtue-centered analysis to ancient Greek philosophers, and in particular to Aristotle. Virtue ethics has experienced a (...) revival over the past 65 years; but, long before that, it proved especially influential in Catholic moral thought, particularly through the work of Aquinas. Perhaps relatedly, scholars have seized on virtue jurisprudence to defend a range of politically conservative positions, such as originalist constitutional interpretation and the propriety of utilizing the law to regulate ostensibly “private” immoralities. This Article reveals the radically underappreciated progressive promise of virtue jurisprudence. Virtue jurisprudence requires no religious commitments whatsoever, but a strong version entails acceptance of the moral significance of developing one’s character—both within and without the law. On a compelling understanding of the virtues, rejecting a state of perpetual disadvantage under the law is a meaningful marker of the virtue of self-respect, and a repudiation of the vice of servility that would otherwise be imposed by the legal system itself. Thus, contrary to the predominant tenor of research on the subject, virtue jurisprudence can ground significant resistance to—and even defiance of—the law. In making this argument, the Article also draws novel connections between virtue jurisprudence and literature on (inter alia) race, feminism, and sexual orientation to reveal the unnoticed potential of virtue jurisprudence to push forward work in those and related areas. At a time when massive and widespread protests across the United States reflect a groundswell of support for overturning certain long-standing, legally-ingrained, systemic disadvantages of people of color, many might be surprised to learn that virtue jurisprudence can serve as a potent theoretical ally. (shrink)

En su libro El libre albedrío: un estudio filosófico Carlos Moya presenta una objeción a los contraejemplos tipo-Frankfurt según la cual lo que hace que una alternativa sea robusta o no es el contexto en el que se encuentra el agente; así, alternativas que, en principio, no se verían como robustas y eximentes, pueden llegar a serlo en circunstancias especiales y los contraejemplos tipo-Frankfurt presentan, justamente, este tipo de circunstancias. En este escrito presento tres objeciones al brillante argumento de Moya. (...) En primer lugar, defiendo que no es claro que la alternativa que él considera robusta esté cumpliendo el papel de soportar, al menos en parte, la atribución de culpa del agente. En segundo lugar, retomo la respuesta que Moya ha dado a una crítica de Pereboom quien lo acusa de presuponer en el seno de su argumento al principio de posibilidades alternativas y, por ende, de caer en una petición de principio. Defiendo que la respuesta que ha dado Moya no le permite eludir la crítica de Pereboom. Finalmente, ofrezco una consideración acerca de cómo podría desarticularse la propuesta de Moya si se logra presentar un contraejemplo tipo-Frankfurt de corte determinista. (shrink)

Kant’s critique/doctrine distinction tracks the difference between a canon for the understanding’s proper use and an organon for its dialectical misuse. The latter reflects the dogmatic use of reason to attain a doctrine of knowledge with no antecedent critique. In the 1790s, Fichte collapses Kant’s distinction and redefines dogmatism. He argues that deriving a canon is essentially dialectical and thus yields an organon: critical idealism is properly a doctrine of science or Wissenschaftslehre. Criticism is furthermore said to refute dogmatism, by (...) which Fichte means Spinozism. Schelling repudiates Fichte’s position in his Philosophical Letters by reviving Kant’s distinction. First, ‘critique’ for Schelling names a canon that is valid for all systems—including Spinozism—and thus favours none—not even the Wissenschaftslehre. Second, Schelling coins ‘dogmaticism’ to refer to what Kant calls ‘dogmatism’: reason’s uncritical claim to doctrine. Hence, he says all systems—even Fichte’s—are susceptible to the ‘enthusiasm’ of mistaking themselves for doctrines or ‘objects of knowledge’, instead of subjectively valid ‘objects of freedom’. I reconstruct Schelling’s argument for reviving Kant’s distinction, while noting two consequences for German idealism. First, if criticism favours no system, a system’s origin cannot be an act of knowledge, e.g., intellectual intuition, but only an act of endorsement. Second, if dogmaticism entails enthusiasm, a system’s goal cannot be absolute knowledge, but only infinite striving. Hence, by retrieving Schelling’s notion of dogmaticism, we can both gain a better understanding of the Letters and register the impact of a core Kantian distinction on the German idealist project. (shrink)

Biological evolution is a complex blend of ever changing structural stability, variability and emergence of new phe- notypes, niches, ecosystems. We wish to argue that the evo- lution of life marks the end of a physics world view of law entailed dynamics. Our considerations depend upon dis- cussing the variability of the very ”contexts of life”: the in- teractions between organisms, biological niches and ecosys- tems. These are ever changing, intrinsically indeterminate and even unprestatable: we do not know ahead of (...) time the ”niches” which constitute the boundary conditions on selec- tion. More generally, by the mathematical unprestatability of the ”phase space”, no laws of mo- tion can be formulated for evolution. We call this radical emergence, from life to life. The purpose of this paper is the integration of variation and diversity in a sound concep- tual frame and situate unpredictability at a novel theoretical level, that of the very phase space. Our argument will be carried on in close comparisons with physics and the mathematical constructions of phase spaces in that discipline. The role of symmetries as invariant preserving transformations will allow us to under- stand the nature of physical phase spaces and to stress the differences required for a sound biological theoretizing. In this frame, we discuss the novel notion of ”enablement”. Life lives in a web of enablement and radical emergence. This will restrict causal analyses to differential cases. Mutations or other causal differ- ences will allow us to stress that ”non conservation princi- ples” are at the core of evolution, in contrast to physical dynamics, largely based on conservation principles as sym- metries. Critical transitions, the main locus of symmetry changes in physics, will be discussed, and lead to ”extended criticality” as a conceptual frame for a better understanding of the living state of matter. (shrink)

The COVID-19 pandemic revealed numerous weaknesses in pandemic preparedness and response, including underfunding, inadequate surveillance, and inequitable distribution of countermeasures. To overcome these weaknesses for future pandemics, WHO released a zero draft of a pandemic treaty in February, 2023, and subsequently a revised bureau's text in May, 2023. COVID-19 made clear that pandemic prevention, preparedness, and response reflect choices and value judgements. These decisions are therefore not a purely scientific or technical exercise, but are fundamentally grounded in ethics. The latest (...) treaty draft reflects these ethical considerations by including a section entitled Guiding Principles and Approaches. Most of these principles are ethical—they establish core values that undergird the treaty. Unfortunately, the treaty draft's set of principles are numerous, overlapping, and show inadequate coherence and consistency. We propose two improvements to this section of the draft pandemic treaty. First, key guiding ethical principles should be clearer and more precise than they currently are. Second, the link between ethical principles and policy implementation should be clearly established and define boundaries on acceptable interpretation, ensuring that signatories abide by these principles. (shrink)