Many philosophers and jurists believe that individuals should sometimes be granted religiouslygrounded exemptions from laws or rules. To determine whether an exemption is merited in a particular case, the religious claim must be weighed against the countervailing values that favour the uniform application of the law or rule. This paper develops and applies a framework for assessing the weight of religious claims to exemption, across two dimensions. First, the importance of the burdened religious practice, which is determined by its (...) level of obligatoriness and centrality, according to the beliefs of the individual claimant. Second, the extent of the burden on the practice, which depends on the cost the individual bears if she both undertakes the religious practice and obeys the law or rule, where costs are assessed using an impartial account of individual interests. Exemptions should be granted when claims are weighty on either of these dimensions and the countervailing value is relatively weak. The final section of the paper responds to an important objection to this approach, which concerns administrability. (shrink)

Supporters of neutrality as benign neglect argue that a neutral state should not grant any type of recognition to cultural or religious groups. Liberal multiculturalists argue instead that due to the non-neutral nature of public institutions, democratic states must adopt policies that recognize and accommodate the distinctive needs of ethnocultural groups. This article examines a different way of conceiving the principle of neutrality. In this conception, developed by Alan Patten in the framework of liberal multiculturalism, a state can only be (...) neutral when it extends equivalent levels of assistance/hindrance to rival conceptions of the good. Neutrality is thus reinterpreted to become a principle justifying the religious exemptions. The article highlights some aspects of this theory that should be reconsidered.// -/- Les défenseurs de la neutralité bienveillante soutiennent qu’un État neutre ne doit accorder aucun type de reconnaissance aux groupes culturels ou religieux. Les multiculturalistes libéraux avancent pour leur part que, en raison de la nature non neutre des institutions publiques, les États démocratiques doivent adopter des politiques vi-sant la reconnaissance et l’accommodement des besoins distinctifs des groupes ethnoculturels. Cet article examine une manière diffé-rente de concevoir le principe de neutralité. Dans cette conception, développée par Alan Patten dans le cadre du multiculturalisme libé-ral, un État ne peut être neutre que s’il assiste ou entrave de manière équivalente les différentes conceptions du bien. La neutralité est ainsi réinterprétée pour devenir un principe permettant de justifier les exemptions religieuses. L’article souligne certains aspects de cette théorie qui méritent d’être repensés. (shrink)

Being robustly committed to state neutrality which does not permit the promotion of liberal-perfectionist ideals and denying that there is anything normatively relevant or ‘special’ about religion leaves liberal-egalitarians embroiled in a paradox. If religion is not special, how and why do liberal states afford it differential treatment (in comparison with non-religious analogues like secular doctrines or deeply-held beliefs of individual conscience)? This paper explores liberal-egalitarian strategies for resolving this paradox with predominant reference to the disaggregation strategy advanced by Cécile (...) Laborde. After discussing the novelty and advantages of disaggregation relative to other liberal-egalitarian strategies, the paper distinguishes between the coverage and the basis in justification of differential treatment to argue that disaggregation does not ultimately succeed in solving the latter. Despite this, reflecting on the clarifications achieved through disaggregation and the deeper issues of justification and justice emerging therefrom, the paper concludes by proposing the need to consider a lateral solution to the paradox and speculating on what this might look like. (shrink)

ABSTRACT In ‘Scorekeeping in a Pornographic Language Game’, Rae Langton and Caroline West borrow ideas from David Lewis to attempt to explain how pornography might subordinate and silence women. Pornography is supposed to express certain misogynistic claims implicitly, through presupposition, and to convey them indirectly, through accommodation. I argue that the appeal to accommodation cannot do the sort of work Langton and West want it to do: Their case rests upon an overly simplified model of that phenomenon. I argue further (...) that, once we are clear about why Langton and West's account fails, a different and more plausible account of pornography's influence emerges. (shrink)

Pamela Hieronymi has authored a very insightful book that focuses on one of the most influential articles in 20th century philosophy: P. F. Strawson’s ‘Freedom and Resentment’ (1962). Hieronymi’s principal objective in Freedom, Resentment, and the Metaphysics of Morals is to reconstruct and evaluate the central argumentative strategy in Strawson’s essay. The author’s aim is ‘to show that it can withstand the objections that are both the most obvious and the most serious, leaving it a worthy contender’ (3). In the (...) present commentary, I summarize the main results of Hieronymi’s analysis. I engage with the book’s main themes, noting in due course certain unclarities and some shortcomings, while emphasizing the many valuable insights it offers. (shrink)

This paper examines how stances and understandings pertaining to whether home education is civically legitimate within liberal democratic contexts can depend on how one conceives normative roles of the secular state and the religious neutrality that is commonly associated with it. For the purposes of this paper, home education is understood as a manifestation of an educational philosophy ideologically based on a given conception of the good. -/- Two polar conceptions of secularism, republican and liberal-pluralist, are explored. Republican secularists declare (...) that religious expressions do not belong in the public sphere and justify this exclusion by promoting religious neutrality as an end in itself. But liberal-pluralists claim that religious neutrality is only the means to ensure protection of freedom of conscience and religion, which are moral principles. Each conception is associated with its own stance on whether exemptions or accommodations on account of religious beliefs have special legal standing and thereby warranted. The indeterminate nature of religion and the allegedly biased exclusion of secular beliefs, cited by some when denying religious exemptions, can be overcome by understanding all religious and conscientious beliefs as having equal standing as conceptions of the good. -/- Analysis of court documents from the Uwe Romeike et al asylum case are guided by these understandings, and relationships among themes are explored. -/- In summary, any stance regarding home education may depend on one’s view of secularism, particularly in relation to whether one views religious neutrality as a means to ensure protection of freedom of conscience or an end in itself. (shrink)

An enduring source of skepticism towards Kant’s practical philosophy is his deep conviction that morality must be understood in terms of universality. Whether we look to Kant’s fundamental moral principle (the Categorical Imperative) or to his fundamental principle of right (the Universal Principle of Right), universality lies at the core of the analyses. A central worry of his critics is that by making universality the bedrock of morality in these ways, Kant fails to appreciate the importance of difference in individual (...) lives, societies, and legal-political institutions when these are realized well. Below I argue that Kant’s philosophy neither advocates moralized hyper-reflective, alienating ways of being nor seeks to justify Kant’s own and others’ prejudices in the name of morality’s universality. To see this, we need to understand both Kant’s account of human nature – of the predisposition to good and the propensity to evil – and how Kant’s theory of freedom sets the moral framework within which important non-moralizable concerns of human nature are accommodated. We can then appreciate the ways in which Kant sees both unreflective and reflective normative elements as working together as an integrated whole in emotionally healthy, morally good human beings, historical cultures, and legal-political institutional systems. (shrink)

This paper provides a reconsideration of Hobbes’s conception of basic rights, specifically its denial of the doctrine that someone’s having a basic right always correlates with another or others having duties or obligations with respect to that right. Various arguments denying this doctrine are considered, including that basic rights are effectively moral exemptions from obligations or are subordinate components of a system of Hohfeldian liberty-rights to which no person-specific duty or obligation correlates. But these maneuvers side-step the full force (...) of Hobbes’s understanding of basic rights as independent of any interpersonal relationship or system of rules, even those to which individuals may have agreed. The mere fact of others having basic rights is irrelevant to the having of one’s own. Part III argues that because Hobbes identifies morality with prudence, he cannot ascribe basic rights to all persons without adopting a version of ethical egoism—impersonal egoism—that cannot accommodate a set of basic rights that are consistently ascribable to all. The paper concludes with an argument showing that Hobbes’s analysis of basic rights fails because it disregards the moral context presupposed by both coherent rights-claims and the nature and degree of correlativity that a system of basic rights presupposes. (shrink)

It is common for religiously motivated actions to be specially protected by law. Many legal theorists have asked why: what makes religion special? What makes it worthy of toleration over and above other non-religious deeply held convictions? The answer I put forward is that religions’ alleged afterlife consequences call for a principle of toleration that warrants special legal treatment. Under a Rawlsian principle of toleration, it is reasonable for those in the original position to opt for principles of justice that (...) accommodate actions with alleged afterlife consequences. And, under a utilitarian principle of toleration, a greater psychological harm is eased by such accommodations. Additionally, this alleged afterlife consequence is found in most of the religions that are thought to warrant some level of special toleration—not only do the Abrahamic religions have alleged afterlife consequences, but many eastern religions do as well, e.g. reincarnation. (shrink)

One of the most noticeable trends in recent years has been the increasing reliance of public decision-making processes on algorithms, i.e. computer-programmed step-by-step instructions for taking a given set of inputs and producing an output. The question raised by this article is whether the rise of such algorithmic governance creates problems for the moral or political legitimacy of our public decision-making processes. Ignoring common concerns with data protection and privacy, it is argued that algorithmic governance does pose a significant threat (...) to the legitimacy of such processes. Modelling my argument on Estlund’s threat of epistocracy, I call this the ‘threat of algocracy’. The article clarifies the nature of this threat and addresses two possible solutions. It is argued that neither solution is likely to be successful, at least not without risking many other things we value about social decision-making. The result is a somewhat pessimistic conclusion in which we confront the possibility that we are creating decision-making processes that constrain and limit opportunities for human participation. (shrink)

One of the central claims of the neurodiversity movement is that society should accommodate the needs of autistics, rather than try to treat autism. People have variously tried to reject this accommodation thesis as applicable to all autistics. One instance is Pier Jaarsma and Stellan Welin, who argue that the thesis should apply to some but not all autistics. They do so via separating autistics into high- and low-functioning, on the basis of IQ and social effectiveness or functionings. I reject (...) their grounds for separating autistics. IQ is an irrelevant basis for separating autistics. Charitably rendering it as referring to more general capacities still leaves us mistaken about the roles they play in supporting the accommodation thesis. The appeal to social effectiveness or functionings relies on standards that are inapplicable to autistics, and which risks being deaf to the point of their claims. I then consider if their remaining argument concerning autistic culture may succeed independently of the line they draw. I argue that construing autistics' claims as beginning from culture mistakes their status, and may even detract from their aims. Via my discussion of Jaarsma and Welin, I hope to point to why the more general strategy of separating autistics, in response to the accommodation thesis, does not fully succeed. Finally, I sketch some directions for future discussions, arguing that we should instead shift our attention to consider another set of questions concerning the costs and extent of change required to accommodate all autistics. (shrink)

In this paper we put forward a realist account of the problem of the accommodation of conflicting claims over sacred places. Our argument takes its cue from the empirical finding that modern, Western-style states necessarily mould religion into shapes that are compatible with state rule. So, at least in the context of modern states there is no pre-political morality of religious freedom that states ought to follow when adjudicating claims over sacred spaces. In which case most liberal normative theory on (...) religious accommodation turns out to be wrong headed. As an alternative, we suggest the question of contested sacred places should be settled with reference to the state’s purposes—at least as long as one is committed to the existence of modern states. If one finds the state’s treatment of religion unsatisfactory, then our argument provides a pro tanto reason for seeking alternative forms of political organisation. (shrink)

In recent years, the practice of tax exemption for churches has become a source of open scrutiny, argument, and controversy on the part of both government and religious leaders. The study attempted to assess the main principles that government base on to impose taxes on its citizenry and to assess the tax exemption status of the churches in Ghana. Exploratory, descriptive and cross-section surveys were used to investigate and discover from respondent’s information on the topic to provide a report on (...) the background, facts, settings and concerns about the principles of taxation and the tax exemption status of churches. The study considered 120 people as its targeted sample of which 114 responded by the use of questionnaires. Also, descriptive analysis such as frequency and percentages were used to analyse the data. From the information gathered on the research, it was revealed that most Ghanaians representing 65.8% prefer the government to allocate taxes based on the benefits that taxpayers receive for paying taxes rather than the ability to pay or any other principle for the allocation of taxes. In addition, 57% of Ghanaians would like the religious organizations to enjoy their tax-exempt status despite allegation by critics that they are amassing wealth for themselves and not contributing to the development of Ghana. Some of the reasons given were that: churches are not profit-making businesses; churches contribute to the development of the nation; churches care for the people more than the government. Some of them concluded that failure to grant the church tax exemption may give room for the churches to engage in business activities. For those with the opposing view, some gave reasons such as: churches have become some sort of commerce; the churches have more money in this world; the payment of taxes by churches may as well boost the revenue of the government. Despite the various arguments, there was an agreement that the Ghana Revenue Authority should check the sales of rosaries, anointing oil, holy water, charge of consultation fees, as these should attract taxation. The paper recommends that Tax-Exempt Division should develop policies and administer tax exempt organizations (including religious organizations) laws. The division should be responsible for exempt organizations tax education and training to enable them understand their tax law obligations. This will improve tax compliance by the exempt organizations. (shrink)

As a result of vocal autism activists pushing against traditional views of autism, there is a bilateral debate that reflects a deeper philosophical divide between medical and social definitions of disability. Both sides seek to determine the manner in which autistics and their communities view autism, and thus influence the manner in which cures or treatments are sought, dispensed and taken up. Through an investigation of this debate, this project will explore the practical benefits and ethical obligations of accommodating autistic (...) differences. One side of this debate, which we will call the cure theory approach, seeks treatments that will eradicate or at least minimize autistic symptoms. The philosophical assertion that lies behind this objective is that autistic differences, particularly disruptive autistic differences, ought to be removed. The other side of the debate, which we will call the neurodiverse perspective, seeks to define autism as neurological difference, that is relationally determined, rather than a disorder or a syndrome. The neurodiversity movement recommends educating autistics and their communities regarding how to fully accommodate autistic differences. The underlying philosophical commitment of the neurodiverse perspective is that it is in the best interests of autistics and their communities to accommodate differences, rather than seek treatments that encourage conformity. I will argue that these two sides are not mutually exclusive. Through a synthesis of the neurodiverse and cure theory points of view I will enable the development of a method, which facilitates justice for autistics and their communities. This synthesis garners the maximum capabilities that the expression of autistic differences can offer, and maintains the freedom for all community members to actualize their capabilities. (shrink)

In a paper recently published in this journal, Navin and Largent argue in favour of a type of policy to regulate non-medical exemptions from childhood vaccination which they call ‘Inconvenience’. This policy makes it burdensome for parents to obtain an exemption to child vaccination, for example, by requiring parents to attend immunization education sessions and to complete an application form to receive a waiver. Navin and Largent argue that this policy is preferable to ‘Eliminationism’, i.e. to policies that do (...) not allow non-medical exemptions, because Inconvenience has been shown to maintain exemption rates low while not harming parents by forcing them to do something that goes against their beliefs. We argue that it is at least doubtful that Inconvenience is ethically preferable to Eliminationism: while the latter disregards the value of liberty, Inconvenience disregards the value of fairness in the distribution of the burdens entailed by the preservation of a public good like herd immunity. We propose a variant of Inconvenience, which we call ‘Contribution’, which we think is preferable to the versions of Inconvenience discussed by Navin and Largent in that it successfully strikes a balance between the values of parents’ liberty, fairness and expected utility. (shrink)

It is plausible to think that there exist acts of supererogation. It also seems plausible that there is a close connection between what we are morally required to do and what it would be morally good to do. Despite being independently plausible these two claims are hard to reconcile. My aim in this article will be to respond to a recent solution to this puzzle proposed by Dale Dorsey. Dorsey's solution to this problem is to posit a new account of (...) supererogation. I will argue that Dorsey's account fails to succeed in achieving what an account of supererogation is supposed to achieve. (shrink)

Building on the theory of humor advanced by Yves Cusset in his recent book Rire: Tractatus philo-comicus, I argue that we can understand the phenomenon in terms of what Jean-Luc Nancy, following Roland Barthes, has called the exemption from sense. I attempt to show how the humorous sensibility, understood in this way, is entirely incompatible with the experience of others as contemptible. I conclude by developing some of the normative implications of this, focusing specifically on the question whether it is (...) ever morally permissible to treat others with contempt. (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)

In a recent paper published in this journal, Giubilini, Douglas and Savulescu argue that we have given insufficient weight to the moral importance of fairness in our account of the best policies for non-medical exemptions to childhood immunization requirements. They advocate for a type of policy they call Contribution, according to which parents must contribute to important public health goods before their children can receive NMEs to immunization requirements. In this response, we argue that Giubilini, Douglas and Savulescu give (...) insufficient weight to the moral importance parental liberty in ways that count against their preferred type of NMEs policy and threaten public support for mandatory vaccination laws and public health initiatives generally. (shrink)

In a recent commentary, Kim and colleagues argued that minimal-risk research should be deregulated so that such studies do not require review by an institutional review board. They claim that regulation of minimal-risk studies provides no adequate counterbalancing good and instead leads to a costly human subjects oversight system. We argue that the counterbalancing good of regulating minimal-risk studies is that oversight exists to ensure that respect for persons and justice requirements are satisfied when they otherwise might not be.

A number of health care professionals assert a right to be exempt from performing some actions currently designated as part of their standard professional responsibilities. Most advocates claim that they should be excused from these duties simply by averring that they are conscientiously opposed to performing them. They believe that they need not explain or justify their decisions to anyone; nor should they suffer any undesirable consequences of such refusal. Those who claim this right err by blurring or conflating three (...) issues about the nature and role of conscience, and its significance in determining what other people should permit them to do (or not do). Many who criticize those asserting an exemption conflate the same questions and blur the same distinctions, if not expressly, by failing to acknowledge that sometimes a morally serious agent should not do what she might otherwise be expected to do. Neither side seems to acknowledge that in some cases both claims are true: a conscientious professional should not do her professional duty AND others need not permit or excuse her refusal. I identify these conflations and specify conditions in which a professional might reasonably refuse to do what she is required to do. Then I identify conditions in which the public should exempt a professional from some of her responsibilities. I argue that professionals should refuse far less often than most advocates do . . . and that they should be even less frequently exempt for that failure. Finally, there are compelling reasons why we could not implement a consistent moral policy giving advocates what they want, likely not even in qualified form. (shrink)

There are at present two ways in which to evaluate religiously-based claims to accommodation in the legal context. The first, objective approach holds that these claims should be grounded in « facts of the matter » about the religions in question. The second, subjective approach, is grounded in an appreciation by the courts of the sincerity of the claimant. The first approach has the advantage of accounting for the difference between two constitutional principles : freedom of conscience on the one (...) hand, and freedom of religion on the other. It has the disadvantage of transforming courts into expert bodies on religious matters. The subjective approach has a harder time accounting for the distinction. It also risks giving rise to a proliferation of claims. A plausible synthesis between the two approaches requires that we uncover the normative grounds justifying the granting by liberal democracies of religious accommodation. An analogous argument to that put forward by Kymlicka in the case of minority nations identifies the interest that citizens have in being able to exercise their « cultural agency » : the creative reappropriation and reinterpretation of the rituals, practices and norms of religious traditions.Il existe à l’heure actuelle dans le contexte juridique deux principales approches à l’évaluation de la légitimité des demandes d’accommodement pour des motifs religieux. La première, objective, affirme que ces demandes doivent pouvoir s’appuyer dans des faits concernant la religion en question. La seconde, subjective, s’appuie sur l’appréciation de la sincérité de la demande faite par le requérant. La première approche a l’avantage de rendre compte de la distinction entre les deux principes constitutionnels que sont, d’une part, la liberté de conscience, et de l’autre, la liberté de religion. Elle a l’inconvénient de tendre à ériger les tribunaux en « experts » sur des questions religieuses. L’approche subjective rend plus difficilement compte de la distinction entre les deux principes, et de plus risque de donner lieu à une prolifération de demandes. Pour atteindre une synthèse plausible de ces deux approches, il nous faut identifier les fondements normatifs justifiant l’intérêt que les démocraties libérales ont à reconnaître une telle catégorie d’accommodements. En prenant appui dans le célèbre argument de Kymlicka justifiant les droits de nations minoritaires, nous pouvons identifier un intérêt que ces types d’État ont à protéger les conditions permettant aux citoyens de manifester leur « agentivité culturelle », leur capacité à s’identifier en se les réappropriant et en les réinterprétant les normes, pratiques et rites issues de traditions religieuses. (shrink)

In this paper I elaborate on previous criticisms of the influential Stalnakerian account of presuppositions, pointing out that the well-known practice of informative presupposition puts heavy strain on Stalnaker’s pragmatic characterization of the phenomenon of presupposition, in particular of the triggering of presuppositions. Stalnaker has replied to previous criticisms by relying on the well-taken point that we should take into account the time at which presupposition-requirements are to be computed. In defense of a different, ‘semantic’ account of the phenomenon of (...) presupposition, I argue that that point does not suffice to rescue the Stalnakerian proposal, and I portray Lewisian ‘accommodation’ as one way in which speakers adjust themselves to one another in the course of conversation. (shrink)

In this paper we distinguish between various kinds of doxastic theories. One distinction is between informal and formal doxastic theories. AGM-type theories of belief change are of the former kind, while Hintikka’s logic of knowledge and belief is of the latter. Then we distinguish between static theories that study the unchanging beliefs of a certain agent and dynamic theories that investigate not only the constraints that can reasonably be imposed on the doxastic states of a rational agent but also rationality (...) constraints on the changes of doxastic state that may occur in such agents. An additional distinction is that between non-introspective theories and introspective ones. Non-introspective theories investigate agents that have opinions about the external world but no higher-order opinions about their own doxasticnstates. Standard AGM-type theories as well as the currently existing versions of Segerberg’s dynamic doxastic logic (DDL) are non-introspective. Hintikka-style doxastic logic is of course introspective but it is a static theory. Thus, the challenge remains to devise doxastic theories that are both dynamic and introspective. We outline the semantics for truly introspective dynamic doxastic logic, i.e., a dynamic doxastic logic that allows us to describe agents who have both the ability to form higher-order beliefs and to reflect upon and change their minds about their own (higher-order) beliefs. This extension of DDL demands that we give up the Preservation condition on revision. We make some suggestions as to how such a non-preservative revision operation can be constructed. We also consider extending DDL with conditionals satisfying the Ramsey test and show that Gärdenfors’ well-known impossibility result applies to such a framework. Also in this case, Preservation has to be given up. (shrink)

In current legal and political atmospheres, when governments are embracing notions such as pollution prevention and the three ”R’s” – reduce, reuse and recycle, while discarding command and control types of regulatory enforcement, some may be surprised to learn that since 1971 Pennsylvania law has permitted the exemption of corporate assets from capital stock valuation for the purpose of paying capital stock taxes, if the assets are devoted to pollution control or abatement. Straightforward though the idea of tax exemption for (...) pollution control assets may seem, the execution of the statutory exemption, together with the regulation which was promulgated thereunder, yields a wide variety of hermeneutic fruit under the scrutiny of the judiciary and the advocacy of lawyers. (shrink)

The ideological interface between Muslims and liberal educators undoubtedly is strained in the realm of sex education, and perhaps on no topic more so than homosexuality. Some argue that schools should not try to ‘undermine the faith’ of Muslims, who object to teaching homosexuality as an ‘acceptable alternative lifestyle’. In this article, I will argue against this monolithic presentation of Islam. Furthermore, I will argue that a narrow view of Islam is neglectful of gay and lesbian Muslims who are particularly (...) vulnerable to the unrepentant hostilities of their own communities. (shrink)

To date, both the United States federal government and twenty-one individual states have passed Religious Freedom Restoration Acts that aim to protect religious persons from having their sincere beliefs substantially burdened by governmental interests. RFRAs accomplish this by offering a three-pronged exemption test for religious objectors that is satisfied only when (1) an objector has a sincere belief that is being substantially burdened; (2) the government has a very good reason (e.g., health or safety) to interfere; and (3) there is (...) a reasonable alternative to serve the compelling interest. Legal balancing tests like those found in RFRA are content neutral insofar as they sideline the belief-content of conscientious objections as irrelevant when determining the permissibility of granting legal accommodations. However, some theorists worry that this legal picture may be backward: perhaps balancing tests should be content non-neutral given the usual features of conscientious objections. For example, Yossi Nehushtan contends that, contrary to their typical codification, religious conscience beliefs seem undeserving of special legal accommodations because they possess uniquely strong empirical and theoretical ties to intolerance. Thus, the illiberally intolerant content of these conscientious objections might actually give the state a reason to refuse to grant legal exemptions. In this paper, I offer a cursory defense of content neutrality with respect to balancing tests like those found in RFRA. To begin, I outline Nehushtan’s argument for content non-neutrality. The cornerstone of his argument is that illiberal intolerance is intolerable such that conscientious objections that are based upon illiberally intolerant values provide the state with strong, normally prevailing reason not to grant an exemption. I argue that, even when the illiberally intolerant content of one’s conscience constitutes a weighty and relevant factor in determining the permissibility of granting a legal exemption, there remain significant problems. It is difficult, for example, to determine which views are illiberally intolerant and difficult to say whether illiberally intolerant views can effectively serve as the principled demarcating line in balancing tests. To conclude, I offer several cursory arguments in favor of adopting content-neutral approaches without necessarily making a comprehensive case. By drawing on the work of Amy Sepinwall, Nadia Sawicki, and Nathan Chapman, I show that content-neutral approaches can help to safeguard robust protections for conscience by permitting atypical exercises of conscience, protect minority thoughts and practices from being coercively supplanted by majoritarian understandings of morality, appropriately maintain the skepticism and humility that we owe each other as compatriots in a pluralistic society, and allow the kind of justifiable civil disobedience that has an important place in political history among other things. (shrink)

Many philosophers have argued that a hypothesis is better confirmed by some data if the hypothesis was not specifically designed to fit the data. ‘Prediction’, they argue, is superior to ‘accommodation’. Others deny that there is any epistemic advantage to prediction, and conclude that prediction and accommodation are epistemically on a par. This paper argues that there is a respect in which accommodation is superior to prediction. Specifically, the information that the data was accommodated rather than predicted suggests that the (...) data is less likely to have been manipulated or fabricated, which in turn increases the likelihood that the hypothesis is correct in light of the data. In some cases, this epistemic advantage of accommodation may even outweigh whatever epistemic advantage there might be to prediction, making accommodation epistemically superior to prediction all things considered. (shrink)

Many of us think we have agent-centred options to act suboptimally. Some of these involve favouring our own interests. Others involve sacrificing them. In this paper, I explore three different ways to accommodate agent-centred options in a criterion of objective permissibility. I argue against satisficing and rational pluralism, and in favour of a principle built around sensitivity to personal cost.

This chapter gives an overview of the evolution of the position of the rare-earth elements in the periodic system, from Mendeleev’s time to the present. Three fundamentally different accommodation methodologies have been proposed over the years. Mendeleev considered the rare-earth elements as homologues of the other elements. Other chemists looked upon the rare earths as forming a special intraperiodic group and therefore clustered the rare-earth elements in one of the groups of the periodic table. Still others adhered to the intergroup (...) accommodation of the rare earths, according to which the rare-earth elements do not show any relationship with the other elements, so that they had to be placed within the periodic table as a separate family of elements. The intergroup accommodation became the preferred one in the twentieth century. The advantages and disadvantages of the different representations of the modern periodic table are discussed. (shrink)

Diarmuid Costello has recently argued that, contra received opinion, Kant’s aesthetics can accommodate conceptual art, as well as all other art. Costello offers an interpretation of Kant’s art theory that demands from all art a minimal structure involving three basic “players” and three basic “actions” corresponding to those “players.” The article takes issue with the “action” assigned by Costello’s Kant to the artwork’s recipient, namely that her imagination generates a multitude of playful thoughts deriving from or in any other way (...) relating to the concept or idea that the artist has instilled in the artwork and that the artwork transmits to the recipient. It is argued that the “proper” recipient of conceptual art may very well have a multitude of thoughts that are all irrelevant to the concept or idea the artist has instilled in the artwork, even if the artwork has transmitted that concept or idea to the recipient. This shows that Kant’s art theory, as presented by Costello, cannot accommodate conceptual art. I conclude by suggesting that either one of two amendments to the theory’s account of the recipient’s experience could enable it to accommodate conceptual art. (shrink)

Ruwet observed that subjunctives indicate a discontinuity between action and will, typically resulting in a disjoint reference effect known as obviation (unacceptable "Je veux que je parte"). In a certain set of cases, however, the attitude-holder can felicitously bind the pronominal subject of the subjunctive clause (exemption from obviation). This seminar handout examines the phenomenon in Hungarian, with additional data from Russian, Polish, and Romanian.

The guiding premise of this chapter is that we, as teachers in higher education, must consider how the content and form of our teaching can foster inclusivity through a responsiveness to neurodiverse learning styles. A narrow pedagogical focus on lectures, textual engagement, and essay-writing threatens to exclude neurodivergent students whose ways of learning and making sense of the world may not be best supported through these traditional forms of pedagogy. As we discuss in this chapter, we, as engineering ethics educators, (...) designed and implemented a new engineering ethics exercise with which we aimed to promote inclusivity at the levels of form and content. At the content level, students were invited to critically engage with inclusivity-undermining ableist assumptions in technology development. This took shape, at the form level, through a hands-on ‘material tinkering’ workshop in which students collaboratively and creatively altered (or ‘hacked’) artifacts used in contexts of disability and healthcare, so as to operationalize values of inclusivity and accessibility. Our hunch was that this hands-on tinkering workshop would simultaneously encourage a meaningful way of engagement with these ethical issues and values, while also enacting a more inclusive learning environment by enriching the range of pedagogical activities and learning formats available to our students.As we aim to show in this chapter, we believe this hunch largely panned out – though there are clear areas for future improvement pertaining to the pilot exercise itself and the research we conducted on the exercise. We begin by offering a description of our tinkering exercise. We discuss the exercise’s source of inspiration (Sect. 16.2.1) and its implementation (Sect. 16.2.2), which is visually captured via photographic documentation. We then discuss (Sect. 16.3) how we utilized a triangulated research method to assess the pedagogical value of the exercise. After we discuss our findings, we conclude by identifying areas for future improvement (Sect. 16.4). (shrink)

The emergence of the COVID-19 pandemic initiated major disruptions to higher education systems. Physical spaces that previously supported interpersonal interaction and community were abruptly inactivated, and faculty largely took on the responsibility of accommodating classroom structures in rapidly changing situations. This study employed interviews to examine how undergraduate Science, Technology, Engineering, and Mathematics (STEM) instructors adapted instruction to accommodate the mandated transition to virtual learning and how these accommodations supported or hindered community and belonging during the onset of the (...) pandemic. Interviews with 25 STEM faculty at an undergraduate Hispanic Serving Institution revealed a wide range of accommodations they made to their courses and how they managed communication with students. Faculty strived to support student belonging with responses ranging from caring to crisis management, though some faculty expressed feelings of powerlessness when unable to accommodate certain challenges. The case of a responsive and flexible instructor is presented to highlight a productive response to a crisis. These retrospective findings point to strategies to support faculty teaching in virtual learning environments in the future; increasing opportunities for student–student and student–faculty interaction, supporting faculty in learning technologies that support these interactions and addressing faculty’s feelings of powerlessness. (shrink)

This contribution pays special attention to the Italian legal framework concerning the collaborative and sharing economy, with a focus on those economic initiatives which are platform mediated. This choice is due to the importance of the concept of “platform” in the definitions of the CSE provided at both the Italian and the European levels. As highlighted in some studies, most actors of the CSE can be considered not only economic disruptors but also policy disruptors. Thus, the chapter tries to shed (...) light on the difficulties Italian regulators had while dealing with the emergence of these actors, especially in sectors such as food, accommodation, delivery, and transport. Italian policymakers were not able to design new regulatory frameworks to cope with the challenges of CSE, privileging bans or almost total deregulation over the elaboration of innovative rules. Regarding the issue of digital labour, the Italian legislator adopted a partial solution, creating a framework that dualizes the labour market, maybe with the aim of satisfying both digital workers and platforms. Overall, it seems that the Italian ecosystem of the CSE is bound to evolve, especially after the appearance of the health crisis related to the COVID-19. (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)

We propose to analyze well-known cases of "imaginative resistance" from the philosophical literature (Gendler, Walton, Weatherson) as involving the inference that particular content should be attributed to either: (i) a character rather than the narrator or, (ii) an unreliable, irrational, opinionated, and/or morally deviant "first person" narrator who was originally perceived to be a typical impersonal, omniscient, "effaced" narrator. We model the latter type of attribution in terms of two independently motivated linguistic mechanisms: accommodation of a discourse referent (Lewis, Stalnaker, (...) Kamp) and 'cautious' updating as a model of non-cooperative information exchange (Eckardt). (shrink)

This article aims to refute the “incompatibility thesis” that nationalism is incompatible with transnational feminist solidarity, as it fosters exclusionary practices, xenophobia, and racism among feminists with conflicting nationalist aspirations. I examine the plausibility of the incompatibility thesis by focusing on the controversy regarding just reparation for Second World War “comfort women,” which is still unresolved. The Korean Council at the center of this controversy, which advocates for the rights of Korean former comfort women, has been criticized for its strident (...) nationalism and held responsible for the stalemate. Consequently, the case of comfort women has been thought to exemplify the incompatibility thesis. I argue against this common feminist perception in three ways: first, those who subscribe to the incompatibility thesis have misinterpreted facts surrounding the issue; second, the Korean Council's nationalism is a version of “polycentric nationalism,” which avoids the problems of essentialist nationalism at the center of feminist concerns; and, third, transnational feminist solidarity is predicated on the idea of oppressed/marginalized women's epistemic privilege and enjoins that feminists respect oppressed/marginalized women's epistemic privilege. To the extent that oppressed/marginalized women's voices are expressed in nationalist terms, I argue that feminists committed to transnational feminist solidarity must accommodate their nationalism. (shrink)

According to a classic position in analytic philosophy of mind, we must interpret agents as largely rational in order to be able to attribute intentional mental states to them. However, adopting this position requires clarifying in what way and by which criteria agents can still be irrational. In this paper I will offer one such criterion. More specifically, I argue that the kind of rationality methodologically required by intentional interpretation is to be specified in terms of psychological efficacy. Thereby, this (...) notion can be distinguished from a more commonly used notion of rationality and hence cannot be shown to be undermined by the potential prevalence of a corresponding kind of irrationality. (shrink)

Importation in fictional discourse is the phenomenon by which audiences include information in the story over and above what is explicitly stated by the narrator. This paper argues that importation is distinct from generation, the phenomenon by which truth in fiction may outstrip what is made explicit, and draws a distinction between fictional truth and fictional records. The latter comprises the audience’s picture of what is true according to the narrator. The paper argues that importation into fictional records operates according (...) to principles that also govern ordinary conversation. An account of fictional records as a species of common ground information is proposed. Two sources of importation are described in detail, presupposition accommodation and conversational implicatures. It is shown that presuppositions are both mandatorily imported and mandatorily generated. By contrast, conversational implicatures are neither mandatorily imported nor mandatorily generated. The paper distinguishes conversational implicatures from contextual inferences. Both rely on background assumptions, yet conversational implicatures moreover depend on assumptions concerning Gricean cooperation. (shrink)

Some alethic pluralists maintain that there are two kinds of truths operant in our alethic discourse: a realist kind and an anti-realist kind. In this paper, we argue that such a binary conception cannot accommodate certain social truths, specifically truths about race. Most alethic pluralists surprisingly overlook the status of racial truths. Douglas Edwards is, however, an exception. In his version of alethic pluralism—Determination Pluralism—racial truths are superassertible (anti-realist) true rather than correspondence (realist) true. We argue that racial truths exhibit (...) features of both superassertibility (anti-realism) and correspondence (realism). This suggests a fuzzy boundary between realist and anti-realist kinds of truth. There may be a continuum rather than a dichotomy of truths. We conclude by sketching one way for alethic pluralists to accommodate such a notion. (shrink)

Acts of violence and murder have historically proved difficult to accommodate in standard accounts of the formula of universal law (FUL) version of Kant’s Categorical Imperative (CI). In “Murder and Mayhem,” Barbara Herman offers a distinctive account of the status of these acts that is intended to be appropriately didactic in comparison to accounts like the practical contradiction model. I argue that while Herman’s account is a promising one, the distinction she makes between coercive and non-coercive violence and her response (...) to concerns with the classification of the latter as imperfect duties raise significant questions about the status of some duties. I suggest that we look, instead, to Kant’s treatment of suicide in The Metaphysics of Morals for an account of norms of non-violence and, in particular, to the connection between this duty and concerns with inner freedom and moral health. I argue that we can use this account to inform our general understanding of duties prohibiting killing and violence, and that the resulting account is a promising one. (shrink)

Drawing on work from Marina Sbisà’s “Ideology and the Persuasive Use of Presupposition” (1999), Rae Langton has developed a powerful account of the subtle mechanisms through which hate speech and propaganda spread. However, this model has a serious limitation: it focuses too strongly on individual speech acts isolated from their wider context, rendering its applicability to a broader range of cases suspect. In this chapter, I consider the limits of presupposition accommodation to clarify the audience’s role in helping hate speakers, (...) and claim the necessary mechanisms are much more active and social than Langton suggests, with effects not capturable in the analysis of isolated speech acts. I revisit Sbisà’s work on presupposition and develop an alternative model that (1) improves upon the Langtonian model for explaining the power of hate propaganda, and (2) is more in line with Sbisà’s original approach to ideology and the normative aspects of presupposition. (shrink)

​I evaluate a suggestion, floated by Kimberly Ferzan (this volume), that the twitter hashtag campaign #BelieveWomen is best accommodated by non-reductionist views of testimonial justification. I argue that the issue is ultimately one about the ethical obligation to trust women, rather than a question of what grounds testimonial justification. I also suggest that the hashtag campaign does not simply assert that ‘we should trust women’, but also militates against a pernicious striking-property generic (roughly: ‘women make false sexual assault accusations’), that (...) distorts our evaluation of women’s testimony concerning sexual assault. I conclude #BelieveWomen does not demand that we believe against the evidence, or uncritically, or be more trusting than we have evidential justification to be. Rather, it aims to bring our trust closer to what is merited by the base-rate of reliable testimony from women concerning sexual assault. (shrink)

A large part of the controversy surrounding the publication of DSM-5 stems from the possibility of replacing the purely descriptive approach to classification favored by the DSM since 1980. This paper examines the question of how mental disorders should be classified, focusing on the issue of whether the DSM should adopt a purely descriptive or theoretical approach. I argue that the DSM should replace its purely descriptive approach with a theoretical approach that integrates causal information into the DSM’s descriptive diagnostic (...) categories. The paper proceeds in three sections. In the first section, I examine the goals (viz., guiding treatment, facilitating research, and improving communication) associated with the DSM’s purely descriptive approach. In the second section, I suggest that the DSM’s purely descriptive approach is best suited for improving communication among mental health professionals; however, theoretical approaches would be superior for purposes of treatment and research. In the third section, I outline steps required to move the DSM towards a hybrid system of classification that can accommodate the benefits of descriptive and theoretical approaches, and I discuss how the DSM’s descriptive categories could be revised to incorporate theoretical information regarding the causes of disorders. I argue that the DSM should reconceive of its goals more narrowly such that it functions primarily as an epistemic hub that mediates among various contexts of use in which definitions of mental disorders appear. My analysis emphasizes the importance of pluralism as a methodological means for avoiding theoretical dogmatism and ensuring that the DSM is a reflexive and self-correcting manual. (shrink)

This dissertation explores several illuminating points of intersection between the philosophy of perception and the philosophy of vagueness. Among other things, I argue: (i) that it is entirely unhelpful to theorize about perception or consciousness using Nagelian "what it's like" talk; (ii) that a popular recent account of perceptual phenomenology (representationalism) conflicts with our best theory of vagueness (supervaluationism); (iii) that there are no vague properties, for Evans-esque reasons; (iv) that it is impossible to insert "determinacy" operators into representationalism in (...) a truth-preserving manner; and (v) that strong versions of dualism are unable to accommodate the possibility of borderline consciousness. (shrink)

In De interpretatione 9, Aristotle argues against the fatalist view that if statements about future contingent singular events (e.g. ‘There will be a sea battle tomorrow,’ ‘There will not be a sea battle tomorrow’) are already true or false, then the events to which those statements refer will necessarily occur or necessarily not occur. Scholars have generally held that, to refute this argument, Aristotle allows that future contingent statements are exempt from either the principle of bivalence, or the law of (...) excluded middle. This paper offers a new interpretation of Aristotle’s refutation of fatalism. According to this interpretation, each member of a pair of contradictory future contingent statements, in virtue of expressing modal necessity, is simply false. (shrink)

What is it for an imprecise credence to be justified? It might be thought that this is not a particularly urgent question for friends of imprecise credences to answer. For one might think that its answer just depends on how a well-trodden issue in epistemology plays out—namely, that of which theory of doxastic justification, be it reliabilism, evidentialism, or some other theory, is correct. I’ll argue, however, that it’s difficult for reliabilists to accommodate imprecise credences, at least if we understand (...) such credences to be determinate first-order attitudes. If I’m right, reliabilists will have to reject imprecise credences, and friends of imprecise credences will have to reject reliabilism. Near the end of the paper, I’ll also consider whether reliabilism can accommodate indeterminate credences. (shrink)

Historical processes exert an influence on the current state and evolution of situations of language contact, brought to bear from different domains, the economic and the political, the ideological and group identities, geo-demographics, and the habits of inter-group use. Clearly, this kind of phenomenon requires study from a complexical and holistic perspective in order to accommodate the variety of factors that belong to different levels and that interrelate with one another in the evolving dynamic of human languaging. Therefore, there is (...) a need for the restricted and general complexity approaches to come to a meeting of the minds, and take steps toward a mutual integration based on the acceptance of the shortcomings of each approach, achieving progress through a non-contradictory complementarity of perspectives. It must be conceded that the practical and methodological applications of basic complexical ideas need to be developed much farther in order to apply them to specific research. At the same time, the limits of complex adaptive systems as computational strategies must be accepted in the pursuit of a better understanding of the dynamic and evolutionary processes typical of human beings. New tools for the conception, apprehension and treatment of the data will need to be devised to complement existing ones and to enable us to make headway toward practices that better fit complexical perspectives. It seems obvious that human complexics must be seen as multi-methodological, insofar as necessary combining quantitative-computation methodologies and more qualitative methodologies aimed at understanding the historical mental and emotional world of people. (shrink)

This article argues for a task-based approach to identifying and individuating cognitive systems. The agent-based extended cognition approach faces a problem of cognitive bloat and has difficulty accommodating both sub-individual cognitive systems ("scaling down") and some supra-individual cognitive systems ("scaling up"). The standard distributed cognition approach can accommodate a wider variety of supra-individual systems but likewise has difficulties with sub-individual systems and faces the problem of cognitive bloat. We develop a task-based variant of distributed cognition designed to scale up and (...) down smoothly while providing a principled means of avoiding cognitive bloat. The advantages of the task-based approach are illustrated by means of two parallel case studies: re-representation in the human visual system and in a biomedical engineering laboratory. (shrink)