The small improvement argument has been said to establish that the standard weak preference or value relation can be incomplete. We first show that the argument is one of three possible ‘small amendment arguments’, each of which would yield the same conclusion. Generalizing the analysis thus, we subsequently present a strong and a weak version of small amendment arguments and derive the exact rationality conditions under which they reveal incompleteness. The results show that the arguments (in any (...) of their variants) need not reveal a problem for the possibility of rational choice. In fact, it can be argued that they only reveal such a problem if the underlying relation is complete rather than incomplete. (shrink)

This article first of all attempts to assess the proposals of 2006–2007 to amend Poland’s Constitution, aimed mostly at strengthening constitutional protection of unborn human life. Parliamentary work on this proposal begins with the submission of the Deputy’s bill on amendment of the Constitution, published in the Sejm Paper No. 993 of September 5, 2006, and ends with a series of votes at the 39th sitting of the Sejm of the fifth term of office, held on April 13, (...) 2007, on which it was decided not to adopt any amendment. In the course of the legislative process, several modifi cation were offered not only to Article 38 concerning protection of life, but also to Article 30 dealing with dignity as a source of rights. Each of these proposals had drawbacks, including inter alia: the lack of a definite period of protection or entitlement to dignity, resulting in the decreased protection in relation to issues concerning euthanasia; the application of new categories granting a specific status to unborn human life; specifying the standards for protection by means of legislative acts ranking lower than a constitution, resulting in the transfer of life protection into the sphere of regulation of ordinary legislation. The most conducive for strengthening of the protection of unborn human life, even if not free of imperfections, was an amendment of Article 30 proposed by the Committee in the following wording: “The inherent and inalienable dignity, conferred on the person from the moment of conception, shall be a source of freedoms and rights of persons and citizens. It shall be inviolable; the respect and protection thereof shall be the obligation of public authorities.” From the rejection of the proposals it is diffi cult to draw conclusions that are vital for interpretation of the existing provisions. However, a conclusion that the intention of the authors of the constitution was not to strengthen the constitutional protection of life is not legitimate, mostly because of their doubts about formal correctness of the proposed amendments (when deciding to reject them), particularly the doubts about legal consequences of their adoption. -/- Streszczenie Zasadniczym celem opracowania jest próba całościowej oceny propozycji nowelizacji Konstytucji RP mającej miejsce w latach 2006-2007, zmierzającej przede wszystkim do wzmocnienia konstytucyjnej ochrony życia człowieka przed narodzeniem. Prace parlamentarne nad analizowaną nowelizacją otwiera poselski projekt ustawy o zmianie Konstytucji zawarty w druku sejmowym 993 z dnia 5 września 2006 (projekt wpłynął do Sejmu 7 września); zamyka seria głosowań na 39 posiedzeniu Sejmu V kadencji, dnia 13 kwietnia 2007 roku; głosowań, które przesądziły o niewprowadzeniu żadnych zmian. W trakcie procesu legislacyjnego proponowano szereg formuł, zmieniających nie tylko art. 38 dotyczący ochrony życia, ale także art. 30, który dotyczy godności jako źródła praw. W zasadzie wszystkie zgłoszone propozycje posiadały wady, wśród których najważniejsze to: brak domknięcia okresu ochrony lub przysługiwania godności, skutkujący obniżeniem ochrony w kwestiach związanych z eutanazją; stosowanie nowych kategorii, prowadzące do nadania specyficznego statusu człowiekowi przed narodzeniem; określanie standardu ochrony za pośrednictwem aktów o randze niższej od konstytucji, prowadzące do przesunięcia ochrony życia przed narodzeniem w sferę ustawodawstwa zwykłego. Z punktu widzenia celu, jakim było wzmocnienie konstytucyjnej ochrony życia człowieka przed narodzeniem i wzmocnienie jego pozycji prawnej, najlepsza, choć nie pozbawiona usterek, była zaproponowana przez Komisję zmiana brzmienia art. 30 prowadząca do formuły: „Źródłem wolności i praw człowieka i obywatela jest przyrodzona i niezbywalna godność człowieka, przynależna mu od chwili poczęcia. Jest ona nienaruszalna, a jej poszanowanie i ochrona jest obowiązkiem władz publicznych.”. Na podstawie odrzucenia propozycji zmian trudno wyciągać wnioski istotne dla interpretacji aktualnie obowiązujących przepisów; wniosek, że ustrojodawca nie chciał wzmocnienia konstytucyjnej ochrony życie nie jest prawomocny, przede wszystkim ze względu na – istotne w procesie podejmowania decyzji o odrzuceniu propozycji zmian – wątpliwości, co do formalnej poprawności formułowanych propozycji, w tym wątpliwości co do konsekwencji prawnych ich przyjęcia. (shrink)

In the Foundations of Mathematics, Ramsey attempted to amend Principia Mathematica’s logicism to meet serious objections raised against it. While Ramsey’s paper is well known, some questions concerning Ramsey’s motivations to write it and its reception still remain. This paper considers these questions afresh. First, an account is provided for why Ramsey decided to work on his paper instead of simply accepting Wittgenstein’s account of mathematics as presented in the Tractatus. Secondly, evidence is given supporting that Wittgenstein was not (...) moved by Ramsey’s objection against the Tractarian account of arithmetic, and a suggestion is made to explain why Wittgenstein reconsidered Ramsey’s account in the early thirties on several occasions. Finally, a reading is formulated to understand the basis on which Wittgenstein argues against Ramsey’s definition of identity in his 1927 letter to Ramsey. (shrink)

Is it possible to recover lost moral ground? In the closing episodes of the TV show "Breaking Bad", it becomes clear that the protagonist, Walter White, believes that the correct answer to this question is an affirmative one. Walt believes that he can, and that he has, recovered lost moral ground. "Breaking Bad" may be said to explore two distinct and incompatible ways of attempting to recover lost moral ground. The first way is revisionist. This is to rewrite the (...) script of what, morally speaking, has occurred, so that it appears that nothing wrong was done. The second way is restorative. This is to admit to morally wrongful behavior, but to attempt to make amends for it. While we concede that it is possible to recover lost moral ground in both of these ways, we deny that Walt is able to do so in both of these ways. At best, Walt can only hope to recover lost moral ground by attempting to make amends for his past misdeeds. (shrink)

In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the (...) 5-4 majority, held that “[b]y suppressing the speech of manifold corporations, both for-profit and non-profit, the Government prevents their voices and view-points from reaching the public and advising voters on which person or entities are hostile to their interests” (Citizens United vs. Federal Election Commission 558 U.S. 38-9 (2010); emphasis added). Much of the language of the opinion, and some of its reasoning, as this passage illustrates, presupposes that corporations are agents capable of speech, and that it is (at least in part) in the light of this that limitations on political advocacy by corporations are prohibited by the Constitution. -/- While there are other strands in the argument, they are interwoven with the conception of the corporation as agent and speaker, with its voice and its viewpoints. The dissenters on the court objected on precisely this point (among others). Justice Stevens wrote sarcastically in his dissent, joined by Justices Ginsburg, Breyer, and Sotomayor, that “[u]nder the majority’s view, I suppose it may be a First Amendment problem that corporations are not permitted to vote, given that voting is, among other things, a form of speech” (558 U.S. 33 (2010)). Justice Sotomayor suggested in oral argument that the Court’s century-old practice of treating corporations as persons rests on a conceptual mistake. -/- My concern in this essay is not with the question whether the restrictions violate the Constitution. There are many issues that bear on this which will be outside the scope of my discussion. My concern is with the proper conceptual framework for understanding the agency of corporations and corporate speech, and the role that conceptions of these play in the background of the majority’s reasoning. The issue is legal, but it also has philosophical, conceptual and semantic aspects. It will be the latter aspects, and their potential to shed light on legal reasoning, that are my main focus. An adequate framework requires saying what properly speaking the corporation is, how agency is expressed through the corporation, whose agency it is, centrally whether the corporation is an agent or person in its own right, and in what sense it can be said to be capable of speech. I draw on recent work in collective action theory, particularly with respect to the semantics of collective action sentences (Ludwig 2007) and the analysis of the proxy agency in collective action (Ludwig 2014), to show (i) that corporations are neither genuine agents nor (therefore) capable of engaging in genuine speech, (ii) that consequently the First Amendment does not apply to corporations per se, and (iii) that a better understanding of the mechanisms of corporate agency casts doubt on more indirect arguments for extending the First Amendment to “corporate speech” as well. (shrink)

Michael Goldhaber, who popularized the term the attention economy, said of the US Capitol insurrection: “It felt like an expression of a world in which everyone is desperately seeking their own audience and fracturing reality in the process. I only see that accelerating.” If we don’t do something about this, American democracy may not survive. For when there is no longer any common ground of evidence and reason, history shows that misinformation will eventually overwhelm public discourse and authoritarianism can take (...) over. That is precisely what dictators across the world gleefully anticipate will happen in the US. The Biden administration could combat this by establishing a digital fairness doctrine for the twenty-first century. This would not mean setting up a government agency as the arbiter of truth. The purpose of such a doctrine is simply to preserve the possibility of a functioning national discourse on critical issues of public interest. It would not run afoul of First Amendment free speech guarantees, given that it would do nothing to block speech itself. In fact, it would expand and enrich national conversations, by preventing echo chambers prone to systematic bias. (shrink)

Deconstructing the “editorial analogy,” and analogical reasoning more generally, in First Amendment litigation involving powerful tech companies.

Much scholarly attention has recently been devoted to ways in which artificial intelligence (AI) might weaken formal political democracy, but little attention has been devoted to the effect of AI on “cultural democracy”—that is, democratic control over the forms of life, aesthetic values, and conceptions of the good that circulate in a society. This work is the first to consider in detail the dangers that AI-driven cultural recommendations pose to cultural democracy. This Article argues that AI threatens to weaken (...) cultural democracy by undermining individuals’ direct and spontaneous engagement with a diverse range of cultural materials. It further contends that United States law, in its present form, is ill equipped to address these challenges, and suggests several strategies for better regulating culture-mediating AI. Finally, it argues that while such regulations might run afoul of contemporary First Amendment doctrine, the most normatively attractive interpretation of the First Amendment not only allows but encourages such interventions. (shrink)

Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method encourage this error. A careful review of analysis in the real world, however, belies this common belief. Emotion can be cognitive, and cognition can be emotional. Additionally, modern neuroscience underscores the “co-dependence” of reason and emotion. Thus, even if law were a certain science of appellate cases (which it is not), emotion could not be torn from such “science.” -/- As (...) we reform legal education, we must recognize the role of cognitive emotion in law and legal analysis. If we fail to do this, we shortchange law schools, students, and the bar in grievous ways. We shortchange the very basics of true and best legal analysis. We shortchange at least half the universe of expression (the affective half). We shortchange the importance of watching and guarding the true interests of our clients, which interests are inextricably intertwined with affective experience. We shortchange the importance of motivation in law, life, and legal education. How can lawyers understand the motives of clients and other relevant parties without understanding the emotions that motivate them? How can lawyers hope to persuade judges, other advocates, or parties across the table in a transaction without grasping affective experience that motivates them? How can law professors fully engage students while ignoring affective experience that motivates students? Finally, we shortchange matters of life and death: emotions affect health and thus the very vigor of the bar. -/- Using insights from practice, modern neuroscience, and philosophy, I therefore explore emotion and other affective experience through a lawyer’s lens. In doing this, I reject claims that emotion and other affective experience are mere feeling (though I do not discount the importance of feeling). I also reject claims that emotion and other affective experience are necessarily irrational or beyond our control. Instead, such experience is often intentional and quite rational and controllable. After exploring law and affective experience at more “macro” levels, I consider three more specific examples of the interaction of law and emotion: (i) emotion, expression, and the first amendment, (ii) emotion in legal elements and exceptions, and (iii) emotion and lawyer mental health. To provide lawyers and legal scholars with a “one-source” overview of emotion and the law, I have also included an Appendix addressing a number of particular emotions. -/- Keywords: Emotion, Cognitive Emotion, Reason, Logos, Pathos, Legal Analysis, Legal Reasoning, Neuroscience, Philosophy, Persuasion, Rhetoric, Expression, First Amendment, Free Speech, Common Law Murder, Mental Health, NAACP v. McCrory, Anger, Contempt, Disgust, Hate, Malice. (shrink)

Note: This draft was updated on November 10, 2020. Discussing federal statutes, Justice Scalia tells us that “[t]he stark reality is that the only thing that one can say for sure was agreed to by both houses and the president (on signing the bill) is the text of the statute. The rest is legal fiction." How should we take this claim? If we take "text" to mean the printed text, that text without more is just a series of marks. If (...) instead we take "text" (as we must) to refer to something off the page such as the "meaning" of the series of marks at issue, what is that meaning and how do we know that all the legislators "agreed" on that "meaning"? In seeking answers here, we necessarily delve into semiotics (i.e., the “general theory of signs”) by noting that meaningful ink marks ("signifiers) signify a meaning beyond themselves (the "signified.") Thus, understanding how signs function is integral to lawyers' textual and linguistic analysis. Additionally, as this article demonstrates, legal analysis and rhetoric are much impoverished if lawyers ignore nonverbal signs such as icons, indices, and nonverbal symbols. In providing a broad overview of semiotics for lawyers, this article thus (1) begins with a general definition of signs and the related notion of intentionality. It then turns to, among other things, (2) the structure and concomitants of signs in more detail (including the signifier and the signified), (3) the possible correlations of the signifier and the signified that generate signs of interest to lawyers such as the index, the icon, and the symbol; (5) the expansion of legal rhetoric through use of the index, the icon, and the non-verbal as well as the verbal symbol, (6) the nature of various semiotic acts in public and private law (including assertives, commissives, directives, and verdictives); (7) the interpretation and construction of semiotic acts (including contracts as commissives and legislation as directives); (8) the role of speaker or reader meaning in the interpretation and construction of semiotic acts; (9) the semiotics of meaning, time, and the fixation of meaning debate; (10) the impact of signifier drift; (11) the distinction between sense and understanding; and (12) some brief reflections on semiotics and the First Amendment. This article also provides an Appendix of further terms and concepts useful to lawyers in their explorations of semiotics. (shrink)

Who should decide who gets to say what on online social media platforms like Facebook, Twitter, and YouTube? American legal scholars have often thought that the private owners of these platforms should decide, in part because such an arrangement is thought to serve valuable free speech interests. This standard view has come under pressure with the enactment of statutes like Texas House Bill 20, which forbids certain platforms from “censoring” user content based on viewpoint. Such efforts to regulate the speech (...) policies of online platforms have been challenged for undermining the editorial speech rights of these platforms and allowing the proliferation of hate speech. This Article develops a democratic theory of free speech, according to which one of the most important reasons for protecting robust free speech rights is that free speech can contribute not only to democratic elections but to a democratic culture more generally. To achieve robust cultural democracy, a community’s speech environment must enable people not only to rationally persuade one another about matters of public importance and convey mutual respect to one another as political equals but also allow people to influence each other in a less articulate and rational manner—to “democratically vibe” with one another. This theory yields a qualified normative defense of government regulation of the speech policies of large social media platforms that can help to realize cultural democracy, suggesting that First Amendment doctrine should focus to a greater extent on protecting the speech rights of platform users, rather than platform owners. Although far from a ringing endorsement of H.B. 20 or S.B. 7072, this Article suggests that First Amendment law should be friendlier to state regulation of platform speech than many critics have thought. (shrink)

Catharine MacKinnon argues that pornography is action, rather than speech. She argues further that the speech/action distinction is what delineates the scope of the First Amendment. It follows, she thinks, that pornography does not fall within the scope of the First Amendment. I argue that the legal distinction between speech and action on which MacKinnon relies is unstable and therefore cannot determine which utterances fall within the scope of the First Amendment. Indeed, attempting to (...) sort utterances by means of the speech/action distinction in order to make this determination can lead to a paradox, which I call the “viewpoint paradox”. That an utterance expresses a particular viewpoint is typically sufficient for its qualifying as speech; yet MacKinnon’s argument that pornography is not speech pivots are her claim that it is an act of subordination because it expresses a particular viewpoint about women. (shrink)

This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions,bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby.The article then turns to ethics. Lobbying involves deliberate attempts to effect changes in the law. An argument is advanced that because (...) law implicates the use of force and because law ideally reflects the values of a democratic society, seeking to slant the law to serve a client’s narrow interests cannot provide an adequate ethical end for a lobbyist. On the contrary, a lobbyist has an affirmative moral duty to seek reasonably balanced and just laws. The article examines, refines, and defends this proposition in a number of settings. (shrink)

Since at least 2008 linguists and philosophers of language have started paying more serious attention to issues concerning the meaning or use of racial epithets and slurs. In an influential article published in The Journal of Philosophy, for instance, Christopher Hom (2008) offered a semantic account of racial epithets called Combinatorial Externalism (CE) that advanced a novel argument for the exclusion of certain epithets from freedom of speech protection under the First Amendment (p. 435). Also in more recent (...) work, “The Expressive Meaning of Racial Epithets: Towards A Non-Unitary Account of Expressive Meaning,” Diane Blakemore (2013) offered an alternative pragmatic account of racial epithets rooted in Dan Sperber and Deirdre Wilson’s (1986) relevance theory. Adam Croom (2008) has also discussed epithets before in prior work, through a consideration of a paradigmatic racial epithet directed towards Native Americans, but then moved on in subsequent work to focus on developing a more nuanced account of paradigmatic slurring terms instead (Croom 2010; Croom 2011; Croom 2012; Croom 2013; Croom 2014a; Croom 2014b; Croom under review). So the purpose of this article is to return to and extend the previous account of racial epithets provided by Croom (2008) through a consideration of another paradigmatic racial epithet, but this time one directed towards Asian Americans instead of Native Americans. Here I also offer a novel suggestion for how to differentiate between epithets and slurs, offering new insight into how epithets and slurs are both similar and different. A sample list of over 100 other racial epithets that can be accounted for by the kind of analysis presented here is provided in Croom (2008, p. 44-45). (shrink)

The Section 230 debate is a proxy for reevaluating constitutional fundamentals. The modern right and the modern left, both attacking Section 230, have abandoned liberalism, together with free speech, public private divide, and the politics of neutrality. Instead of believing in First Amendment value pluralism, each side of the spectrum wishes to realize their own positive normative vision for the political community which, today, is largely defined in the realm of digital culture. Each side recognizes the political other (...) as an enemy to their own utopia, wishing to control, censor, or simply become sovereign thereover. These existential politics of the “culture war” are formally circumscribed by liberal constitutionalism, including the state action doctrine. Regardless of any formal change of the First Amendment interpretation, the government will continue to exercise soft pressures on platforms, thus outsourcing censorship, and creating a novel regulatory dialectic of pressure and cooperation. The government, to become truly sovereign, realize its normative vision, and exclude the other, needs to delegate part of its sovereignty to virtual governments. The Constitution of the United States may thus be undergoing an informal amendment conducted through the private hands of internet intermediaries, which has largely gone unnoticed in the scholarly debate over Gonzalez v. Google, digital sovereignty, and platform regulation. (shrink)

Emergent technologies are undermining both decisional privacy (intimacy) and informational privacy. Regarding the former consider, e.g., technical intrusions on burglar alarms and telephone calls. Regarding the latter consider how routinely technologies enable intrusion into electronic data processing (EDP) in spite of government efforts to maintain control. These efforts are uneven among nations thus inviting selective choice of a data storage country. Deregulation of telecommunications and assigning operators First Amendment rights invites multiple efforts to profit from preferential treatment of (...) multiple competitors. (shrink)

With insights from philosophy of language and semiotics, this article addresses judicial choices and semantic errors involved in United States v. Stevens, 130 S.Ct. 1577 (2010) (refusing to read “killing” and “wounding” to include cruelty and thus striking down a federal statute outlawing videos of animal cruelty), and Snyder v. Phelps, 131 S.Ct. 1207 (2011) (finding a First Amendment right to picket military funerals and verbally attack parents of dead soldiers as part of purportedly-public expression). -/- This article (...) maintains that a better understanding of semiotics (the theory of signs) exposes the flaws in both decisions and bolsters the arguments of the lone dissenter in both cases, Justice Alito. Such a better understanding of semiotics involves grasping (a) how expression involves signs, (b) how signs work in general, and (c) the differences between three basic kinds of signs (indexes, icons and symbols). This article maintains that the expression involved in Stevens and in Phelps was a type of indexical or quasi-indexical expression that, for reasons similar to those involved in child pornography cases, should have no First Amendment protection. -/- This article also notes shifting interpretive positions in the Court that cry out for reform. Although Chief Justice Roberts uses a textualist approach in his majority opinion striking down the animal cruelty statute in Stevens, his majority opinion in National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012), has no trouble finding a “penalty” a “tax,” upholding the Affordable Care Act, and chastising the dissent for voting to strike down a statute simply because “. . . Congress used the wrong labels.” Id. at 2597. -/- This article attempts to expose such gamesmanship in “textualism” and attempts to lay out a better semiotic path for the Court. It calls for more forthright judicial decision-making in constitutional and statutory interpretation; calls for rejecting mechanical notions of law that conceal judicial choice involved in constitutional and statutory interpretation; and calls for rejecting claims that dictionaries can settle constitutional or statutory interpretation issues without reference to constitutional and statutory goals. -/- Keywords: interpretation, construction, meaning, plain meaning, originalism, original intent, canon, semiotics, signs, signals, symbol, icon, index, signifier, signified, ordinary meaning, freedom of speech, freedom of expression, animal cruelty, first amendment, statutes. (shrink)

This paper investigates whether search engines and other new modes of online communication should be covered by free speech principles. It criticizes the analogical reason-ing that contemporary American courts and scholars have used to liken search engines to newspapers, and to extend free speech coverage to them based on that likeness. There are dissimilarities between search engines and newspapers that undermine the key analogy, and also rival analogies that can be drawn which don’t recommend free speech protection for search engines. (...) Partly on these bases, we argue that an analogical approach to questions of free speech coverage is of limited use in this context. Credible verdicts about how free speech principles should apply to new modes of online com-munication require us to re-excavate the normative foundations of free speech. This method for deciding free speech coverage suggests that only a subset of search engine outputs and similar online communication should receive special protection against government regulation. (shrink)

In free speech theory ‘speech’ has to be defined as a special term of art. I argue that much free speech discourse comes with a tacit commitment to a ‘Subtractive Approach’ to defining speech. As an initial default, all communicative acts are assumed to qualify as speech, before exceptions are made to ‘subtract’ those acts that don’t warrant the special legal protections owed to ‘speech’. I examine how different versions of the Subtractive Approach operate, and criticise them in terms of (...) their ability to yield a substantive definition of speech which covers all and only those forms of communicative action that – so our arguments for free speech indicate – really do merit special legal protection. In exploring alternative definitional approaches, I argue that what ultimately compromises definitional adequacy in this arena is a theoretical commitment to the significance of a single unified class of privileged communicative acts. I then propose an approach to free speech theory that eschews this theoretical commitment. (shrink)

This Article explores the interpretation and construction of executive orders using as examples President Trump’s two executive orders captioned “Protecting the Nation From Foreign Terrorist Entry Into the United States” (the “Two Executive Orders”). President Trump issued the Two Executive Orders in the context of (among other things) Candidate Trump’s statements such as: “Islam hates us,” and “[W]e can’t allow people coming into this country who have this hatred.” President Trump subsequently provided further context including his tweet about the second (...) of his Two Executive Orders: “People, the lawyers and the courts can call [the second of the Two Executive Orders] whatever they want, but I am calling it what we need and what it is, a TRAVEL BAN!” Although President Trump replaced the first of the Two Executive Orders with the second one and although the Supreme Court by orders dated October 10, 2017 and October 24, 2017, vacated and remanded litigation involving the second order on grounds of mootness, the Two Executive Orders remain highly instructive for those who would understand the interpretation and construction of executive orders. This article therefore examines in detail the original speaker's (i.e., President Trump's) intended meaning and effect of the Two Executive Orders. It performs such examination using insights from the semiotic subfield of pragmatics, a semiotic subfield which explores how real-world people actually use, interpret, and construe language in various real-world contexts (including contexts where the issuer of the Two Executive Orders himself has claimed that “Islam hates us” and has tweeted “TRAVEL BAN!”). Using such insights of pragmatics, this Article also explores why reasonable judges thoroughly versed in legal theory, legal practice, and pragmatics should conclude that President Trump unlawfully targeted Muslims in the Two Executive Orders. This Article, among other things, also questions the sensibility of such notions as “facial legitimacy” to the extent such notions suggest text has meaning apart from context. Keywords: executive orders, speaker meaning, interpretation, construction, semiotics, pragmatics, originalism, speech acts, context, facial legitimacy, Constitutionality, First Amendment,Trump v. Int’l Refugee Assistance Project, Scalia, immigration, semantics, original meaning, travel ban, Trump, textualism. (shrink)

Much attention has been devoted recently to cases where a controversial speaker is invited to speak on campus and subsequently some members of the university seek to have that speaker disinvited. Debates about such scenarios often blur together legal, normative, and empirical considerations. I seek to help clarify issues by separating key legal, normative, and empirical questions. Central to my examination is the idea of the university as a multi-forum institution—i.e. a complex public institution whose parts contain different types of (...) forums. I conclude that it is sometimes legally and normatively permissible (1) for universities to disinvite speakers, and (2) for students to seek to get speakers they consider unacceptable disinvited. I also suggest that my arguments sometimes extent to shouting down speakers. (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is (...) the theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

Investigating an actual case that occurred in a New York state hospital where an Orthodox Jewish patient’s legal proxy demands that the clinicians and hospital administrators should provide aggressive treatment with all available technological resources for the seemingly brain-dead patient with a medically futile condition. The authors argue that a health care policy or regulation should be developed to limit patient’s access to technology in critical care. Otherwise, we will be allowing society to issue a carte blanche to religious autonomy (...) by technology abuse. It is argued that religious autonomy should be restricted when its demand exhibits apparent logical absurdity and/or goes against the common survival of the entire population. (shrink)

The first part of this chapter defends the claim that the over-incarceration of disadvantaged social groups is unjust. Many arguments for penal reform are based on the unequal distribution of punishment, most notably disproportionate punishment of the poor and people of color. However, some philosophers use a noncomparative conception of desert to argue that the justice of punishment is independent of its distribution. On this view, which has significant influence in 14th Amendment jurisprudence, unequal punishment is not unjust. (...) After detailing the “noncomparativist challenge,” this chapter argues that Levinasian conceptions of desert enable a theory of penal justice according to which comparative considerations are essential. In so doing, it shows that the noncomparativist challenge can be met. The chapter concludes by considering whether Levinasian conceptions of desert and responsibility show members of socially advantaged groups to be more blameworthy for their wrongdoing than members of disadvantaged groups. (shrink)

This is an essay discussing how schools seem to be suppressing the Constitution and the very political philosophy of this country through the actions of their educators. I discuss how the Teleological designs of these institutions ultimately has changed.

In this article, I firstly discuss why a prioritarian clause can rescue the utilitarian doctrine from the risk of exacerbating inequality in the distribution of resources in those cases in which utility of income does not decline at the margin. Nonetheless, when in the presence of adaptive preferences, classic prioritarianism is more likely than utilitarianism to increase the inequality of resources under all circumstances, independently of the diminishing trend of utility. Hence, I propose to shift the informational focus of prioritarianism (...) from welfare to either social income or capabilities in order to safeguard those who are worse off. Following this, I argue that we may have reasons to limit the aggregative logic of priority-amended utilitarianism through one or more sufficiency thresholds, and that we can partially defuse the negative-thesis objection that is usually levelled against sufficientarianism, provided we interpret the threshold(s) as valid only as long as everyone is led above it. (shrink)

We aim to compile some means for a rational reconstruction of a named part of the start-over of Baruch (Benedictus) de Spinoza's metaphysics in 'de deo' (which is 'pars prima' of the 'ethica, ordine geometrico demonstrata' ) in terms of 1st order model theory. In so far, as our approach will be judged successful, it may, besides providing some help in understanding Spinoza, also contribute to the discussion of some or other philosophical evergreen, e.g. 'ontological commitment'. For this text we (...) assume the reader familiar with 'de deo' as well as with some basic concepts and results of 1st order model theory. Before we start reconstruction, we will first revisit shortly the concept of 'attributum' (definitio IV) in it's setting in 'de deo' , next scan for formalizable aspects of 'in suo genere finita' ('de deo', definitio II), subsequently list the model theoretic constructs we will make use of. Then we begin reconstruction by stating "coordinative definitions" for the notions of 'attribute (of a substance)', 'modus (as conceived via an attribute)' and 'substance (as conceived via an attribute)', reasoning shortly for each of them. The "coordinative definitions", we will arrive at, must not be understood as literal translations of Spinoza's concepts - of course, there can't be such a thing as a literal translation - they are meant as formal analoga of these concepts, mapping some logical structure. But even with this caveat they may seem strange to the reader at this stage of discussion. Additional justification for them then should be found in our endeavour, to map some argumentation of Spinoza's proofs of some of his propositions from this starting point. -/- [ Version 1 of this paper originated from 2020-03-14. This is version 2 from 2021-09-12 with some readability amendments. ]. (shrink)

Toward a theory of n-tuples of individuals and concepts as surrogates for Russellian singular propositions and singular concepts. Alonzo Church proposed a powerful and elegant theory of sequences of functions and their arguments as singular-concept surrogates. Church’s account accords with his Alternative (0), the strictest of his three competing criteria for strict synonymy. The currently popular objection to strict criteria like (0) on the basis of the Russell-Myhill paradox is misguided. Russell-Myhill is not a problem specifically for Alternative (0). Rather (...) it is a disproof of unrestricted concept comprehension. Unrestricted comprehension is also inconsistent with facts about sets of properties. It is demonstrated furthermore that the principal rival conception of propositions, as classes of possible worlds, is subject to a fatal philosophical collapse: It follows on that conception, given that each of us is fallible, that everyone believes everything. Although it is far superior to its principal rival conception, Church’s proposed theory is vulnerable under (0) to a version of Russell’s notorious Gray’s /Elegy/ objection. Some amendments to Church’s proposal are proffered that address Russell’s objection, including an amendment first proposed in the present author’s /Frege’s Puzzle/ (1986). Church’s response (personal correspondence) is considered. (shrink)

Conditionalization is one of the central norms of Bayesian epistemology. But there are a number of competing formulations, and a number of arguments that purport to establish it. In this paper, I explore which formulations of the norm are supported by which arguments. In their standard formulations, each of the arguments I consider here depends on the same assumption, which I call Deterministic Updating. I will investigate whether it is possible to amend these arguments so that they no longer depend (...) on it. As I show, whether this is possible depends on the formulation of the norm under consideration. (shrink)

In a recent paper, Jie Gao (Synthese 194:1901–17, 2017) has argued that there are acceptance-based counterexamples to the knowledge norm for practical reasoning (KPR). KPR tells us that we may only rely on known propositions in practical reasoning, yet there are cases of practical reasoning in which we seem to permissibly rely on merely accepted propositions, which fail to constitute knowledge. In this paper, I will argue that such cases pose no threat to a more broadly conceived knowledge-based view of (...) practical reasoning. I will first motivate the view that rational acceptance depends on a knowledge-based condition being met. I will then show how KPR can be amended—yielding what I call KPR+—to include this condition. I will argue that KPR+ not only avoids Gao’s counterexample, but harbours additional explanatory power by providing an account of the normative role of acceptance in practical reasoning. Finally, I will defend KPR+ against objections by employing theoretical tools that are readily available to those sympathetic to knowledge-based views. (shrink)

The legal progression in China is portrayed negatively by western scholars who often argue that the state institutions in China are subordinate to the control of Chinese Communist Party’s leadership which makes these institutions politically insignificant. We consider that the legal progression in China has an instrumental role in achieving “Harmonious Socialist Society.” The purpose of this thesis is to provide an analytical literature review of scholastic work to explain the legality of rule of law in China and to elaborate (...) the outcomes of China’s recent legal developments. This paper has two main subjects. First, it examines the nature of law and rule of law in China through the prism of different legal theories. Secondly, by arguing from different political theories, it explains the necessity of customized legal system in China for establishing a Harmonious Socialist Society. By giving different examples from contemporary China, this thesis argues that the legality of the rule of law in China ought to be understood in the context of China’s economic and social progression rather than the western legal scholarship. China’s economic progress demands a customized legal system. In our thesis, we claim that the regular upgradation of laws and introduction of constitutional amendments in China, should be recognized as important achievement which is required for the institutional innovation. Legal progression in China during last decade perfectly fit into the framework of “Socialism with Chinese Characteristics” and is very crucial for building a harmonious socialist society. It is vivid from China’s economic growth and developed international relations. Finally, this paper suggests that the Chinese legal progression can be taken as successful example of legal experimentalism. (shrink)

Jim Joyce argues for two amendments to probabilism. The first is the doctrine that credences are rational, or not, in virtue of their accuracy or “closeness to the truth” (1998). The second is a shift from a numerically precise model of belief to an imprecise model represented by a set of probability functions (2010). We argue that both amendments cannot be satisfied simultaneously. To do so, we employ a (slightly-generalized) impossibility theorem of Seidenfeld, Schervish, and Kadane (2012), who show (...) that there is no strictly proper scoring rule for imprecise probabilities. -/- The question then is what should give way. Joyce, who is well aware of this no-go result, thinks that a quantifiability constraint on epistemic accuracy should be relaxed to accommodate imprecision. We argue instead that another Joycean assumption — called strict immodesty— should be rejected, and we prove a representation theorem that characterizes all “mildly” immodest measures of inaccuracy. (shrink)

Is attention a cognitive process? I reconstruct and critically assess an argument first proposed by Christopher Mole that it cannot be so. Mole’s argument is influential because it creates theoretical space for a unifying analysis of attention at the subject level (though it does not entail it). Prominent philosophers working on attention such as Wayne Wu and Philipp Koralus explicitly endorse it, while Sebastian Watzl endorses a related version, this despite their differing theoretical commitments. I show that Mole’s argument (...) is invalid, amend it to secure its validity, but argue that it still fails. I consider the extent to which the failure of Mole’s argument spreads to the versions offered by Wu, Koralus and Watlz. Mole’s argument fails because it equivocates between the set of conditions that suffice for constituting attention and the subset of those conditions which are salient, but insufficient, for constituting it. Reflection on this distinction has consequences for the individuation not just of attentional processes but all cognitive processes. (shrink)

Most literature on religious beliefs and disagreements among traditions focuses on a bit of mainstream assumptions: religions should be construed in substantive terms; religions are to be individuated by their core belief systems; adherents to a single tradition assent to the same belief system; religious beliefs have factual content; incompatible religious beliefs cannot be both true; and so on. In my work I question all these claims in order to defend a non kantian approach to deep pluralism. In the (...) class='Hi'>first part I develop a narrative theory of doxastic practices. My fundamental intuition is that ambiguity, vagueness, and indeterminacy of meaning are non amendable features of any ordinary belief. Consequently, no proposition has a definite meaning, and there is no a priori reason to assume that if two believers assume the same belief, they both hold the same content. What I'm trying to do is to argue in support of a realist epistemology, without assuming a normative and rationalist stance. My evidential body is mainly drawn from psychology and psychoanalysis. In the second part I apply such a narrative theory to the study of the doxastic character of religions. I reject both functionalist and substantive approaches to religion, and I defend my own viewpoint which I label experentialism. After providing a characterization of religious beliefs, I refute how Alston, Ward and Hick account for the the doxastic features of religions. I then propose a definition of religious diversity which turns out to be alternative to the mainstream one. I work by empirical evidence from semiotics, sociology of religion and history of religions. In the third and conclusive part of my book, I give reasons against the mainstream approach to religious diversity, and I explain how my definition can be more appropriate to the sociological study of religious beliefs than the mainstream one. Finally, I provide an account of deep pluralism, I show that my approach to religious epistemology and religions is compatible with (and recommended by) deep pluralism, I differentiate kantian from non kantian pluralism, and I explain why non kantian deep pluralism resists the traditional objections to pluralism. Throughout the book I discuss relevant materials from Hinduism, Judaism, Christianity, and Islam. (shrink)

This paper examines the evolution of Husserl’s philosophy of nonintuitive intentions. The analysis has two stages. First, I expose a mistake in Husserl’s account of non-intuitive acts from his 1901 Logical Investigations. I demonstrate that Husserl employs the term “signitive” too broadly, as he concludes that all non-intuitive acts are signitive. He states that not only meaning acts, but also the contiguity intentions of perception are signitive acts. Second, I show how Husserl, in his 1913/14 Revisions to the Sixth (...) Logical Investigation, amends his 1901 theory of non-intuitive acts, which he now calls “empty” intentions. He there accurately distinguishes empty meaning acts from the empty intentions of perception. In the conclusion, I reveal how Husserl’s alterations to his theory of non-intuitive intentions can inform our understanding of a larger shift in his philosophy. (shrink)

We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which (...) employ the notion of necessity, are too stringent. They ultimately fail to deliver as basic certain particular liberties that should be encompassed within any fully adequate scheme of liberties. To address this under-generation problem, we provide an amended general condition. This replaces Rawls’s necessity condition with a probabilistic condition and it appeals to the standard liberal prohibition on arbitrary coercion by the state. We defend our new approach both as apt to feature in applications of the analytical method and as adequately grounded in justice as fairness as Rawls articulates the theory’s fundamental ideas. (shrink)

Searle claims that his theory of institutional reality is particularly suitable as a theoretical scheme of individuation for work in the social sciences. We argue that this is not the case. The first problem with regulatory individuation is due to the familiar fact that institutional judgments have constrained revisability criteria. The second problem with regulatory individuation is due to the fact that institutions amend their declarative judgments based on the inferential (syntactic) properties of the judgments and in response to (...) regulatory pressure, and not based on descriptive (semantic) properties and in response to matters of descriptive adequacy. These two problems imply that ‘regulatory kinds' (countries, borders, kings) will almost inevitably be disjunctive kinds that are ill-suited for scientific theorizing. This also explains why the law often makes odd pronouncements, e.g. calling ketchup a vegetable, considering an arm bent fifteen degrees to be straight, and not admitting that Somaliland is a country. (shrink)

Leibniz’s views on modality are among the most discussed by his interpreters. Although most of the discussion has focused on Leibniz’s analyses of modality, this essay explores Leibniz’s grounding of modality. Leibniz holds that possibilities and possibilia are grounded in the intellect of God. Although other early moderns agreed that modal truths are in some way dependent on God, there were sharp disagreements surrounding two distinct questions: (1) On what in God do modal truths and modal truth-makers depend? (2) What (...) is the manner(s) of dependence by which modal truths and modal truth-makers depend on God? Very roughly, Leibniz’s own answers are: (1) God’s intellect and (2) a form of ontological dependence. The essay first distinguishes Leibniz’s account from two nearby (and often misunderstood) alternatives found in Descartes and Spinoza. It then examines Leibniz’s theory in detail, showing how, on his account, God’s ideas provide both truth-makers for possibilities and necessities and an ontological foothold for those truth-makers, thereby explaining modal truths. Along the way, it suggests several refinements and possible amendments to Leibniz’s grounding thesis. It then defends Leibniz against a pair of recent objections by Robert Merrihew Adams and Andrew Chignell that invoke the early work of Kant. I conclude that whereas Leibniz’s alternative avoids collapsing into yet another form of Spinozism, the alternatives proposed by Adams, Chignell, and the early Kant do not. (shrink)

The seventeenth century was an important period in the conceptual development of the notion of the infinite. In 1643, Evangelista Torricelli (1608-1647)—Galileo’s successor in the chair of mathematics in Florence—communicated his proof of a solid of infinite length but finite volume. Many of the leading metaphysicians of the time, notably Spinoza and Leibniz, came out in defense of actual infinity, rejecting the Aristotelian ban on it, which had been almost universally accepted for two millennia. Though it would be another two (...) centuries before the notion of the actually infinite was rehabilitated in mathematics by Dedekind and Cantor (Cauchy and Weierstrass still considered it mere paradox), their impenitent advocacy of the concept had significant reverberations in both philosophy and mathematics. In this essay, I will attempt to clarify one thread in the development of the notion of the infinite. In the first part, I study Spinoza’s discussion and endorsement, in the Letter on the Infinite (Ep. 12), of Hasdai Crescas’ (c. 1340-1410/11) crucial amendment to a traditional proof of the existence of God (“the cosmological proof” ), in which he insightfully points out that the proof does not require the Aristotelian ban on actual infinity. In the second and last part, I examine the claim, advanced by Crescas and Spinoza, that God has infinitely many attributes, and explore the reasoning that motivated both philosophers to make such a claim. Similarities between Spinoza and Crescas, which suggest the latter’s influence on the former, can be discerned in several other important issues, such as necessitarianism, the view that we are compelled to assert or reject a belief by its representational content, the enigmatic notion of amor Dei intellectualis, and the view of punishment as a natural consequent of sin. Here, I will restrict myself to the issue of the infinite, clearly a substantial topic in itself. (shrink)

Antirealists who hold the knowability thesis, namely that all truths are knowable, have been put on the defensive by the Church-Fitch paradox of knowability. Rejecting the non-factivity of the concept of knowability used in that paradox, Edgington has adopted a factive notion of knowability, according to which only actual truths are knowable. She has used this new notion to reformulate the knowability thesis. The result has been argued to be immune against the Church-Fitch paradox, but it has encountered several other (...) triviality objections. Schlöder in a forthcoming paper defends the general approach taken by Edgington, but amends it to save it in turn from the triviality objections. In this paper I will argue, first, that Schlöder's justification for the factivity of his version of the concept of knowability is vulnerable to criticism, but I will also offer an improved justification that is in the same spirit as his. To the extent that some philosophers are right about our intuitive concept of knowability being a factive one, it is important to explore factive concepts of knowability that are made formally precise. I will subsequently argue that Schlöder's version of the knowability thesis overgenerates knowledge or, in other words, it leads to attributions of knowledge where there is ignorance. This fits a general pattern for the research programme initiated by Edgington. This paper also contains preliminary investigations into the internal and logical structure of lines of inquiries, which raise interesting research questions. (shrink)

Aristotle's account of external goods in Nicomachean Ethics I 8-12 is often thought to amend his narrow claim that happiness is virtuous activity. I argue, to the contrary, that on Aristotle's account, external goods are necessary for happiness only because they are necessary for virtuous activity. My case innovates in three main respects: I offer a new map of EN I 8-12; I identify two mechanisms to explain why virtuous activity requires external goods, including a psychological need for external goods; (...) and I show the relevance of Aristotle's distinction between wishing and choosing. On the view I attribute to Aristotle, our capacity to choose virtuously requires, first, that we wish for external goods (because virtue requires the right attitudes of evaluation) and, second, that these wishes are generally fulfilled (because the social consequences and psychological pain of unfulfilled wishes undermine our opportunity to act virtuously and to take pleasure in acting virtuously). I close with discussion of how Aristotelians should defend this approach. (shrink)

This op-ed examines the philosophical foundation of the debate over the 1972 Constitution of Bangladesh and whether it requires reform or a complete rewrite. Reform would involve specific amendments to address current issues while rewriting would involve a full reconsideration to eliminate authoritarian elements and restore alignment with the democratic ideals of the 1971 Liberation War. This perspective emphasizes the need to return to the roots of the 1971 Proclamation of Independence, issued on April 10, 1971, by the Provisional Government (...) of Bangladesh in Mujibnagar. The proclamation championed the values of equality, human dignity, and social justice. Philosophy provides a framework for evaluating the Constitution’s core principles—nationalism, socialism, democracy, and secularism—and exposes how their misapplication has weakened democracy and marginalized citizens. A complete rewrite grounded in the first principles of equality, human dignity, and social justice could restore the Constitution’s role as both a moral and legal guide. Such an effort would ensure ethical governance and a democratic framework, providing stability and realigning the nation’s governance with its founding ideals. This perspective emphasizes the vital role of philosophy in advancing justice and democracy. (shrink)

When we encounter extremist rhetoric, we often find it dumbfounding, incredible, or straightforwardly unintelligible. For this reason, it can be tempting to dismiss or ignore it, at least where it is safe to do so. The problem discussed in this paper is that such dismissals may be, at least in certain circumstances, epistemically unjust. Specifically, it appears that recent work on the phenomenon of hermeneutical injustice compels us to accept two unpalatable conclusions: first, that this failure of intelligibility when (...) we encounter extremist rhetoric may be a manifestation of a hermeneutical injustice; and second, that remedying this injustice requires that we ought to become more engaged with and receptive of extremist worldviews. Whilst some theorists might interpret this as a reductio of this framework of epistemic in/justice, we push back against this conclusion. First, we argue that with a suitably amended conception of hermeneutical justice—one that is sensitive to the contextual nature of our hermeneutical responsibilities, and to the difference between understanding a worldview and accepting it—we can bite the bullet and accept that certain extremists are subject to hermeneutical injustice, but without committing ourselves to any unpalatable conclusions about how we ought to remedy these injustices. Second, we argue that bringing the framework of hermeneutical in/justice to bear upon the experience of certain extremists actually provides a new and useful perspective on one of the causes of extremism, and how it might be undermined. (shrink)

Fitness plays many roles throughout evolutionary theory, from a measure of populations in the wild to a central element in abstract theoretical presentations of natural selection. It has thus been the subject of an extensive philosophical literature, which has primarily centered on the way to understand the relationship between fitness values and reproductive outcomes. If fitness is a probabilistic or statistical quantity, how is it to be defined in general theoretical contexts? How can it be measured? Can a single conceptual (...) model for fitness be offered that applies in all biological cases, or must fitness measures be case-specific? Philosophers have explored these questions over the last several decades, largely in the context of an influential definition of fitness proposed in the late 1970s: the propensity interpretation. This interpretation as first described undeniably suffers from significant difficulties, and debate regarding the tenability of amendments and alternatives to it remains unsettled. (shrink)

Many epistemologists have endorsed a version of the view that rational belief is sensitive to higher-order defeat. That is to say, even a fully rational belief state can be defeated by misleading higher-order evidence, which indicates that the belief state is irrational. In a recent paper, however, Maria Lasonen-Aarnio calls this view into doubt. Her argument proceeds in two stages. First, she argues that higher-order defeat calls for a two-tiered theory of epistemic rationality. Secondly, she argues that there seems (...) to be no satisfactory way of avoiding epistemic dilemmas within a two-tiered framework. Hence, she concludes that the prospects look dim for making sense of higher-order defeat within a broader theoretical picture of epistemic rationality. Here I aim to resist both parts of Lasonen-Aarnio’s challenge. First, I outline a way of accommodating higher-order defeat within a single-tiered framework, by amending epistemic rules with appropriate provisos for different kinds of higher-order defeat. Secondly, I argue that those who nevertheless prefer to accommodate higher-order defeat within a two-tiered framework can do so without admitting to the possibility of epistemic dilemmas, since epistemic rules are not always accompanied by ‘oughts’ in a two-tiered framework. The considerations put forth thus indirectly vindicate the view that rational belief is sensitive to higher-order defeat. (shrink)

The desirable gambles framework offers the most comprehensive foundations for the theory of lower pre- visions, which in turn affords the most general ac- count of imprecise probabilities. Nevertheless, for all its generality, the theory of lower previsions rests on the notion of linear utility. This commitment to linearity is clearest in the coherence axioms for sets of desirable gambles. This paper considers two routes to relaxing this commitment. The first preserves the additive structure of the desirable gambles framework (...) and the machinery for coherent inference but detaches the interpretation of desirability from the multiplicative scale invariance axiom. The second strays from the additive combination axiom to accommodate repeated gambles that return rewards by a non-stationary processes that is not necessarily additive. Unlike the first approach, which is a conservative amendment to the desirable gambles framework, the second is a rad- ical departure. Yet, common to both is a method for describing rewards called discounted utility. (shrink)

Driven by a sharp increase in claims for reparations, reparative justice has become a topic of academic debate. To some extent this debate has been marred by a failure to realize the complexity of reparative justice. In this essay we try to amend this shortcoming. We do this by developing a taxonomy of different kinds of wrongs that can underwrite claims to reparations. We identify four kinds of wrongs: entitlement violations, unjust exclusions from an otherwise acceptable system of entitlements, and (...) two kinds where a social practice systematically fails to embody an acceptable system of entitlements. In deliberation about what is required to repair a historical injustice the weight of backward- and forward-looking considerations is a function of the distinctive features of the injustice in question. Hence, the first step in adjudicating claims for reparation is to identify what kind of wrong the claim arises from. From the taxonomy of wrongs we are thus able to construct what we call the Field of Reparative Justice, which illustrates how the structure of deliberation for reparative justice tracks the distinctive features of different kinds of wrongs. (shrink)

This paper focuses on the relationship between Kant and the traditional view of dignity. I argue that some amendments to Sensen’s description of the traditional paradigm enable us to see more clearly both where Kant adheres to the latter and where his view is original. First, a consideration of Pufendorf’s use of dignity suggests (1) that, contrary to Sensen’s reconstruction, the traditional paradigm does not entail a connection between dignity and duties to oneself, and (2) that Pufendorf’s understanding of (...) dignity as a kind of esteem, as opposed to price, provides a crucial mediation between the traditional view and Kant’s view. Finally, I argue that the traditional understanding of dignity also includes a subordinate justificatory element that helps to explain Kant’s use of dignity in the Doctrine of Virtue. (shrink)