The aim of this paper is to offer a version of the so-called conversational hypothesis of the ontogenetic connection between language and mindreading (Harris 1996, 2005; Van Cleave and Gauker 2010; Hughes et al. 2006). After arguing against a particular way of understanding the hypothesis (the communicative view), I will start from the justificatory view in philosophy of social cognition (Andrews 2012; Hutto 2004; Zawidzki 2013) to make the case for the idea that the primary function of belief and desire (...) attributions is to justify and normalize deviant patterns of behaviour. Following this framework, I elaborate upon the idea that development of folk psychological skills requires the subjects to engage in conversationally mediated joint and cooperative activities in order to acquire the conceptual capacity of ascribing propositional attitudes. After presenting the general version of the hypothesis, I present several testable sub-hypotheses and some psychological studies that give empirical plausibility to the hypothesis. (shrink)

Dellsén (2016a) argues that understanding requires neither justification nor belief. I object that ridding understanding of justification and belief comes with the following costs. (i) No claim about the world can be inferred from what we understand. (ii) We run into either Moore’s paradox or certain disconcerting questions. (iii) Understanding does not represent the world. (iv) Understanding cannot take the central place in epistemology. (v) Understanding cannot be invoked to give an account of scientific progress. (vi) It is (...) not clear how misunderstanding arises. (shrink)

Michael Blake’s excellent book 'Justice and Foreign Policy' makes an important contribution to the ongoing debates about the kinds of values that should inform the foreign policy of liberal states. In this paper I evaluate his defence of the view that egalitarianism applies within the state but not globally. I discuss two arguments he gives for this claim - one appealing to the material preconditions of democracy and the other grounded in a duty to justify coercive power. I argue that (...) neither argument succeeds. I then identify a general problem with his approach. If states adopted Blake’s principles for their foreign policy we would have a much better world than currently exists. But it would not – I submit - be a fair world. (shrink)

ABSTRACTAccording to epistemic internalists, facts about justification supervene upon one's internal reasons for believing certain propositions. Epistemic externalists, on the other hand, deny this. More specifically, externalists think that the supervenience base of justification isn't exhausted by one's internal reasons for believing certain propositions. In the last decade, the internalism–externalism debate has made its mark on the epistemology of testimony. The proponent of internalism about the epistemology of testimony claims that a hearer's testimonial justification for (...) believing that p supervenes upon his internal reasons for thinking that the speaker's testimony that p is true. Recently, however, several objections have been raised against this view. In this paper, I present an argument providing intuitive support for internalism about the epistemology of testimony. Moreover, I also defend the argument against three recent objections offered by Stephen Wright in a couple of recent papers. The upshot of my discussion is that external conditions do make an epistemic difference when it comes to our testimonial beliefs, but that they cannot make any difference with respect to their justificatory status – i.e., they are justificationally irrelevant. (shrink)

This paper uses a schema for infinite regress arguments to provide a solution to the problem of the infinite regress of justification. The solution turns on the falsity of two claims: that a belief is justified only if some belief is a reason for it, and that the reason relation is transitive.

(Please note: the main ideas of this paper are restated in revised/developed form in: "On actualist and fundamental public justification in political liberalism" and "Patterns of justification: on political liberalism and the primacy of public justification". Both papers are available from philpapers.) The paper suggests the deep view of Rawls-type public justification as promising, non-ideal theory variant of an internal conception of political liberalism. To this end, I demonstrate how the deep view integrates a range (...) of ideas, views and commitments at the core of political liberalism’s justification structure, including pro tanto justification, full justification, political values and their priority, justificatory neutrality, the role of reasonable comprehensive views, the nature public reasons, the wide view of public political culture, the role of overlapping consensus and political legitimacy, and not least, the status of reflective equilibrium and the Original Position. I then contrast the deep view with Quong’s ideal theory variant if the internal conception, and argue that we should prefer the deep view. Thus, the prospects of political liberalism depend not so much on whether we find ways to make ideal theory relevant for non-ideal purposes. Rather, it depends on whether political liberalism can devise a credible response to the problem of public dogma. (shrink)

The relationship between power, law and consent is a key feature of the Western debate on criminal law. On the one side, defining the legitimate ways of exercising the punitive power has been a critical question since the Enlightenment thought onwards and especially as to the rule of law doctrine. On the other side, the role played by public punishment in shaping consent and its communicative potential have been crucial questions for critical, as well as non-critical approaches to criminal law (...) in contemporary thought. These questions gain in strength and radicalism when it comes to international criminal law (ICL). In this case the filter of the state is not present anymore to mediate between power, law and consent, and the power to punish individuals is directly exercised by international institutions. This means, on the one hand, that traditional justifications of the power to punish and which are elaborated on in the domestic sphere are not useful anymore in legitimating international punishment. International criminal norms are not framed by an international democratically elected parliament, and their exercise is not controlled by the complex system of checks and balances typical of the rule of law. On the other hand, having not being created by a sovereign, international criminal law cannot be conceived as an instrument to build or consolidate consent around the sovereign. A double-sided dilemma therefore arises: traditional explanations are no longer apt to answer the question whether ICL is legitimate, while ICL itself can no longer be considered an instrument to build consent around the traditional power exercising it, namely the state. Although I consider both sides of the dilemma equally interesting and stimulating, I will focus here only on one side of the coin: the ability to build consent of the ICL institutions, and in particular the International Criminal Court (ICC). In other words, instead of asking whether the consent around the ICC is broad enough for the Court to be considered legitimate, I shall ask whether the ICC is able to build consent around the world order it embodies. (shrink)

I defend a modified rights-based unjust threat account for morally justified killing in self-defense. Rights-based moral justifications for killing in self-defense presume that human beings have a right to defend themselves from unjust threats. An unjust threat account of self-defense says that this right is derived from an agent’s moral obligation to not pose a deadly threat to the defender. The failure to keep this moral obligation creates the moral asymmetry necessary to justify a defender killing the unjust threat in (...) self-defense. I argue that the other rights-based approaches explored here are unfair to the defender because they require her to prove moral fault in the threat. But then I suggest that the unjust threat account should be modified so that where the threat is non-culpable or only partially culpable, the defender should seek to share the cost and risk with the threat in order for both parties to survive. (shrink)

According to the “internal” conception (Quong), political liberalism aims to be publicly justifiable only to people who are reasonable in a special sense specified and advocated by political liberalism itself. One advantage of the internal conception allegedly is that it enables liberalism to avoid perfectionism. The paper takes issue with this view. It argues that once the internal conception is duly pitched at its fundamental, metatheoretical level and placed in its proper discursive context, it emerges that it (...) comes at the cost of public dogma. The paper examines this problem and argues that a plausible response to this problem is to go beyond the internal conception and adopt a more inclusive, dynamic conception. But this calls for a form of perfectionism. Thus, the internal conception of political liberalism, far from showing how liberalism can be had without perfectionism, effectively calls for perfectionism as a remedy for its problems. (shrink)

This research work titled, “Virtue epistemology: Internalism and Externalism Justification” attempts to give a succinct analysis of the justification of our knowledge. It rigorously scrutinizes the sources of our knowledge claim. Whether the justificatory criteria to authenticate our knowledge claim are external or internal. It is discovered that the internalism-externalism (I-E) debate lies near the centre of contemporary discussion about epistemology. The basic idea of internalism is that justification is solely determined by factors that are (...) class='Hi'>internal to a person. Externalists deny this, asserting that justification depends on additional factors that are external to a person. A significant aspect of the I-E debate involves setting out exactly what counts as internal to a person. One of the arguments for externalism is that if a process counts as cognitive when it is performed in the head, it should also count as cognitive when it is performed in the world. We sometimes perform actions in our heads that we usually perform in the world, so that the world leaks into the mind. Internalism has epistemological implications: if a process gives us an empirical discovery when it is performed in the world, it will also give us an empirical discovery when it is performed in the head. I explore the relation between internalism and externalism and contend that both are crucial and needed for the purpose of justification. The work employed analytical, expository and critical methods. -/- . (shrink)

This essay investigates the possibilities and limits of interdisciplinary research into terrorism. It is shown that approaches that combine philosophy and international law are necessary, and when such an approach needs to be adopted. However, it is also important not to underestimate how much of a challenge is posed by the absence of agreement concerning the definition of terrorism, and also by the structural differences in the way the two disciplines address the problem and formulate the issues. Not least, the (...) discussion enables us to reach conclusions as to how terrorism research that combines philosophy and international law in particular, and interdisciplinary research into terrorism in general, can be meaningfully implemented. The individual aspects are clarified on the basis of the discussion surrounding justified measures for combating terrorism and the justification of the targeted killing of terrorists. (shrink)

Political liberals assume an accessibility requirement, which means that, for ensuring civic respect and non-manipulation, public officials should offer accessible reasons during political advocacy. Recently, critics have offered two arguments to show that the accessibility requirement is unnecessary. The first is the pluralism argument: Given the pluralism in evaluative standards, when officials offer non-accessible reasons, they are not disrespectful because they may merely try to reveal their strongest reason. The second is the honesty argument: As long as officials honestly confess (...) their beliefs after offering non-accessible reasons, disrespect and non-manipulation do not occur. This paper defends the accessibility requirement and asserts that these two arguments overlook a unique feature of the political domain. While all citizens collectively own political power as a corporate body, an official does not privately own her political power. Instead, she is a trustee who has a duty to act on behalf of the corporate body, that is, she has to make decisions on grounds that are accessible to others. This duty explains why, despite pluralism, the accessibility requirement is necessary. Moreover, given that political decisions are profoundly influential to each person, requiring people to be honest is ineffective in discouraging disrespectful and manipulative acts. (shrink)

As part of the development of the Symbolic and Sub-symbolic Robotics Intelligence Control System, we have implemented a memory store to allow a robot to retain knowledge from previous exp...

The ‘convergence conception’ of political liberalism has become increasingly popular in recent years. Steven Wall has shown that convergence liberals face a serious dilemma in responding to disagreement about whether laws are publicly justified. What I call the ‘conjunctive approach’ to such disagreement threatens anarchism, while the ‘non-conjunctive’ approach appears to render convergence liberalism internally inconsistent. This paper defends the non-conjunctive approach, which holds that the correct view of public justification should be followed even if some citizens do not (...) consider enacted laws to be publicly justified. My argument sheds light on the fundamental structure of convergence liberalism. (shrink)

Sanctions such as those applied by the United Nations against Yugoslavia, or rather the actions of implementing and maintaining them, at the very least implicitly purport to have moral justification. While the rhetoric used to justify sanctions is clearly moralistic, even sanctions themselves, as worded, often include phrases indicating moral implication. On May 30, 1992, United Nation Security Council Resolution 757 imposed a universal, binding blockage on all trade and all scientific, cultural and sports exchanges with Serbia and Montenegro. (...) In addition to expressing the usual "concern' and "dismay" regarding various events, the language of this Resolution also includes, on three occasions, unmistakably moral language "deploring" failures in meeting the demands of earlier resolutions.' There is no question that sanctions have political, economic, military and trategic consequences for the sanctioned state, perhaps exactly as desired by the sanctioning party. However, the question raised in this essay is whether in addition to these consequences, sanctions also produce morally reprehensible consequences that undermine their often-cited moral justification. If so, international economic sanctions are an immoral means of achieving primarily political goals. Six morally significant consequences are: 1) The unethical, elevated susceptibility of the sanctioned to olitical (and other forms of) manipulation, 2) the inherent and unjust paternalism in the process of sanctioning, 3) the abandonment of strict moral criteria on virtually all levels of evaluation, primarily inside the sanctioned country, but also in sanctioning states best exhibited in the attitudes toward the sanctioned, 4) the general decline in moral consciousness, 5) the subsequent rise of many forms of violence within the sanctioned state in connection with the increase in lawlessness, and a general decline of expectations in all areas of life, and 6) the continual, arbitrary redefining of conditions for a final lifting of sanctions. In light of this moral phenomenology we shall argue that sanctions, lacking in moral justification, are simply a means for achieving the mentioned immoral goals. Furthermore, the argument will be that sanctions are a form of siege and, as such, an act of war, requiring the sort of justification that would be needed to justify a war. (shrink)

ABSTRACTThe distinction between ‘context of discovery’ and ‘context of justification’ in philosophy of science appears simple at first but contains interesting complexities. Paul Hoyningen-Huene has catalogued some of these complexities and suggested that the core usefulness of the ‘context distinction’ is in distinguishing between descriptive and normative perspectives. Here, I expand on Hoyningen-Huene’s project by tracing the label ‘context of discovery and context of justification’ to its origin. I argue that, contrary to initial appearances, Hans Reichenbach’s initial context (...) distinction from 1938 does not easily map onto Hoyningen-Huene’s distinction between descriptive and normative perspectives on science. However, this is not a reason to reject Hoyningen-Huene’s simplified context distinction, nor do I recommend returning to Reichenbach’s initial proposal. It is, however, further reason to believe that the context distinction does not have a single, easily understood meaning. Along the way, I revisit Reichenbach’s version of ‘rational reconstruction’ and highlight its usefulness as a tool for philosophy in general. (shrink)

Though recent years have seen a proliferation of critical histories of international law, their normative significance remains under-theorized, especially from the perspective of general readers rather than writers of such histories. How do critical histories of international law acquire their normative significance? And how should one react to them? We distinguish three ways in which critical histories can be normatively significant: (i) by undermining the overt or covert conceptions of history embedded within present practices in support of their authority; (ii) (...) by disappointing the normative expectations that regulate people’s reactions to critical histories; and (iii) by revealing continuities and discontinuities in the functions that our practices serve. By giving us a theoretical grip on the different ways in which history can be normatively significant and call for different reactions, this account helps us think about the overall normative significance of critical histories and how one and the same critical history can pull us in different directions. (shrink)

Debates between political liberals and liberal perfectionists have been reinvigorated by Jonathan Quong’s Liberalism Without Perfection. In this paper I argue that certain forms of perfectionism can rebut or evade Quong’s three central objections – that perfectionism is manipulative, paternalistic, and illegitimate. I then argue that perfectionists can defend an ‘internal conception’ of perfectionism, parallel in structure to Quong’s ’internal conception’ of political liberalism, but with a different conception of the justificatory constituency. None of Quong’s arguments show that (...) his view should be preferred to this perfectionist internal conception. It can thus equally claim to achieve ‘justification to all reasonable citizens’. (shrink)

The Human Rights Studies Programme, School of International Studies (JNU), in collaboration with the Centre for Inner Asian Studies, School of International Studies (JNU), and the Indian Law Institute (Delhi), organized a Human Rights Day Webinar on the Intersections of Human Rights and Criminal Law on December 9-10, 2021. Experts and young scholars from the field shared their insights and research on the webinar theme. The presentations were organized under four sessions, including Session I on Rights Jurisprudence and Criminal Law, (...) Session II on Proposals for Criminalisation and Decriminalisation, Session III on Crimes, Victims, and Punishments, and Session IV on Reforms in the Future. The Webinar was conceptualized keeping in view the responsibility of states under international human rights law to prohibit and punish for the protection of human rights and the redressal of violations. The obligations of States to prohibit and punish inform the development of criminal rules and procedures under different legal systems, leading to the near universalization of legislative frameworks, legal justifications, and punishments. In the working of international human rights institutions, the criminal laws adopted by States are an indicator or marker of the level of compliance of States with the international mandates. In recent years, the interface between the two fields, i.e., international human rights and domestic criminal laws, has sparked great jurisprudential, political, and constitutional debates in different parts of the world. Against this backdrop, the Webinar was organized on Human Rights Day to discuss the relevant issues. (shrink)

The use of placebo controls in clinical trials remains controversial. Ethical analysis and international ethical guidance permit the use of placebo controls in randomized trials when scientifically indicated in four cases: (1) when there is no proven effective treatment for the condition under study; (2) when withholding treatment poses negligible risks to participants; (3) when there are compelling methodological reasons for using placebo, and withholding treatment does not pose a risk of serious harm to participants; and, more controversially, (4) when (...) there are compelling methodological reasons for using placebo, and the research is intended to develop interventions that can be implemented in the population from which trial participants are drawn, and the trial does not require participants to forgo treatment they would otherwise receive. The concept of methodological reasons is essential to assessing the ethics of placebo controls in these controversial last two cases. This article sets out key considerations relevant to considering whether methodological reasons for a placebo control are compelling. (shrink)

This research work titled, “Virtue epistemology: Internalism and Externalism Justification” attempts to give a succinct analysis of the justification of our knowledge. It rigorously scrutinizes the sources of our knowledge claim. Whether the justificatory criteria to authenticate our knowledge claim are external or internal. It is discovered that the internalism-externalism (I-E) debate lies near the centre of contemporary discussion about epistemology. The basic idea of internalism is that justification is solely determined by factors that are (...) class='Hi'>internal to a person. Externalists deny this, asserting that justification depends on additional factors that are external to a person. A significant aspect of the I-E debate involves setting out exactly what counts as internal to a person. One of the arguments for externalism is that if a process counts as cognitive when it is performed in the head, it should also count as cognitive when it is performed in the world. We sometimes perform actions in our heads that we usually perform in the world, so that the world leaks into the mind. Internalism has epistemological implications: if a process gives us an empirical discovery when it is performed in the world, it will also give us an empirical discovery when it is performed in the head. I explore the relation between internalism and externalism and contend that both are crucial and needed for the purpose of justification. The work employed analytical, expository and critical methods. (shrink)

Notwithstanding International Economic Law’s (IEL’s) inevitable distributional effects, IEL scholarship has had limited engagement with theoretical work on global distributive justice and fairness. In part this reflects the failure of global justice theorists to derive principles that can be readily applied to the concrete problems of IEL. This article bridges this gap, drawing on existing coercion-based accounts of global justice in political theory to propose a novel account of global distributive justice that both resolves problems within the existing theoretical literature (...) and can be directly applied to both explain and critique concrete issues in IEL, including in particular WTO law. By complementing existing coercion-based accounts with a more nuanced typology of international coercion, it distinguishes two morally salient classes of economically relevant measures: External Trade Measures (ETMs), which pursue their goals specifically through the regulation of international economic activity; and Domestic Economic Measures (DEMs), which do not. The distinctive intentional relationship between ETMs and the outsiders they affect means such measures require more stringent justification, in terms of global equality or other goals those outsiders themselves share; whereas DEMs can be justified under the principle of self-determination. Non-Product Related Production Processes and Methods (NPRPPMs) provide a case study to show how this framework can illuminate recurring problems in IEL. (shrink)

In a recent exchange, John Worrall and Larry Laudan have debated the merits of the model of rational scientific change proposed by Laudan in his book Science and Values. On the model advocated by Laudan, rational change may take place at the level of scientific theory and methodology, as well as at the level of the epistemic aims of science. Moreover, the rationality of a change which occurs at any one of these three levels may be dependent on considerations at (...) the remaining levels. Yet, in spite of the avowedly anti-relativistic motivation of Laudan's model, Worrall criticizes Laudan for irrevocably relativizing scientific rationality to historically variant methodological standards. (shrink)

This paper develops an internal critique of Graham Oppy’s metaphilosophy of religion – his theories of argumentation, worldview comparison, and epistemic justification. First, it presents Oppy’s views and his main reasons in their favor. Second, it argues that Oppy is committed to two claims – that only truth-conducive reasons can justify philosophical belief and that such justification depends entirely on one’s judgments about the theoretical virtues of comprehensive worldviews – that jointly entail the unacceptable conclusion that philosophical (...) beliefs cannot be justified. Third, it briefly argues that of his two claims, it is his thoroughgoing coherentism that should be rejected. (shrink)

In recent decades, environmental rights have been increasingly developed at both the national and international level, along with increased adjudication of these rights in both national (constitutional) courts and international human rights courts. These parallel trends raise a question as to whether it is better to develop and adjudicate environmental rights at the national or international level. This article considers the case made by James May and Erin Daly in favor of developing environmental rights at the national constitutional level and (...) adjudicating these rights in domestic courts. I consider the limitations of this case by showing that international environmental human rights can play a role that systematically benefits environmental protection, with adjudication in international human rights courts a key part of that process. This involves drawing on an argument offered by Allen Buchanan to justify a system of international legal human rights, which appeals to a number of benefits that such a system can provide. The argument is developed and applied to adjudication of environmental human rights in international human rights courts. First, it is shown how these benefits are realized in the area of environmental human rights. Second, it is shown how adjudication can enhance these benefits, both by providing a mechanism for their realization and by facilitating a mutually supportive relationship among them. On the basis of these enhanced benefits and the value that they add, it is concluded that there is strong justification for developing and adjudicating environmental human rights at the international level. (shrink)

This paper focuses on a comparative analysis of the legitimate exercise of democratic power in the philosophies of Montesquieu and Locke. This analysis not only highlights a strong bifurcation in liberal thought, it also sheds light on the contemporary practice of liberalism through the example of the United States’ ‘War on Terror.’ I argue that although it is Locke who at first blush gives an account of the exercise of democratic power that is more opposed to tyranny, it is Montesquieu’s (...) broader conception that is in many ways more effective at tracking and combating tyranny. (shrink)

This work has as its main purpose to discuss the use of the concept of virtue in contemporary theories of justification. From a general approximation that recent epistemology has established with traditional moral theories, we intend to evaluate the normative potential that the notion of intellectual virtue can offer to handle key epistemic demands, as the demand for an adequate characterization of the justificational element within the traditional definition of knowledge. Hence, we need to explore some of the theories (...) that, in contemporary philosophy, intended to characterize more properly the element that converts true beliefs into knowledge, based on the idea that it can be derived from the cognitive nature of the subject that forms beliefs. One of the main approaches in this regard was Ernest Sosa's virtue perspectivism. Sosa was responsible for inserting the concept of intellectual virtues in the most recent epistemological debate. His theory is also responsible for the popularization of an epistemic evaluation focused on the character of the doxastic agent. Two other prominent theories in this framework, and which were directly influenced by Sosa's seminal work, are Linda Zagzebski's pure virtue theory and John Greco's agent reliabilism. Both authors followed intuitions present in Sosa's proposal to construct, each in its own way, theories of epistemic justification that takes as evaluative measure the contribution of the subject to convert their beliefs into instances of knowledge. We'll discuss here each of these theories and assess to what degree they can characterize the justification so as to meet some epistemic needs, that we frequently judge important. (shrink)

Economic sanctions are envisaged as a sort of punishment, based on what should be an institutional decision not unlike a court ruling. Hence, the conditions for their lifting should be clearly stated and once those are met sanctions should be lifted. But this is generally not what happens, and perhaps is precluded by the very nature of international sanctioning. Sanctions clearly have political, economic, military and strategic consequences, but the question raised here is whether sanctions can also have moral (...) class='Hi'>justification. Illustrated by the example of international sanctions against Yugoslavia, the authors show how the process of escalating demands on a target country, inherent to the very process of sanctioning, can lead ultimately even to overt aggression. As a result of this logic of escalation, economic sanctions cannot be articulated properly in any law-like system. Economic sanctions have much more in common with war than legal punishment, and in fact represent a form of siege. As such, they cannot be ended simply on the basis of their initial rationale, for the very process of sanctions implementation opens up possibilities for setting new goals and a continuous redefinition of the goal that sanctions are seen to have. (shrink)

Memory has eluded a unified philosophical analysis for millennia because memory isn’t a single type of mental state. On a standard classification, procedural memory is memory of how to do things, semantic memory is memory of facts or fact-like propositions and episodic memory is memory of events in which you partook. Autobiographical memory is memory of what happened in your past in real-life cases. Empirical studies suggest that autobiographical memory is a construction of pieces of past experiences. This points to (...) a view of memory according to which we have no direct awareness of what happened in the past and hence no internal justification of what we seem to remember happened. Here I argue that a version of phenomenal dogmatism, the view that seemings can justify higher-order mental states immediately and fully in the absence of defeaters, is plausible for memories and that it bypasses a common route from a constructionist view of memory to skepticism about the past. (shrink)

Hume notoriously pursues a constructive science of human nature in the Treatise while raising serious skeptical doubts about that project and leaving them apparently unanswered. On the perspectivalist reading, Hume endorses multiple incommensurable epistemic perspectives in the Treatise. This reading faces two significant objections: that it renders Hume’s epistemology inconsistent (or at least highly incoherent) and that it is ad hoc. In this paper, I propose a perspectivalist account of epistemic justification in the Treatise that addresses, to a significant (...) degree, these concerns. Hume has available to him an account – what I will call epistemic dispositionalism – that is internally consistent, allows for epistemic continuity between perspectives, and is thoroughly grounded in his naturalism. (shrink)

In this paper I provide some linguistic evidence to the thesis that responsibility judgments are normative. I present an argument from negation, since the negation of descrip- tive judgments is structurally different from the negation of normative judgments. In particular, the negation of responsibility judgments seem to conform to the pattern of the negation of normative judgments, thus being a prima facie evidence for the normativity of responsibility judgments. I assume — for the argument’s sake — Austin’s distinction be- tween (...) justification and excuse, and I sketch how to accommodate the distinction between internal (justification) and external (excuse) nega- tion of responsibility within a language with a second-order analogous of existential generalization and λ operator. In the end I confront with and refute some objections against this argument. (shrink)

Duties constitute an integral part of the constitutional scheme of values. The nature and influence of duties is of great interest to practitioners and scholars. The literature on the subject is primarily concerned with the exactness of duties as operational values within constitutions. In general, Bauer and Bolsinger attribute three functions to constitutional values. Namely, they regulate by directing human action at the desired target, enabling legitimation and justification of actions, and simplifying decision-making. While debating whether duties have a (...) functional quality, several questions gain prime importance. To name a few- do constitutional duties enable positive action? Is there a universal binding framework on duties? How are duties related to other constitutional values within constitutions? Are duties within constitutions interpreted in light of international standards? Are there unenumerated or un-written duties? etc. (shrink)

Many philosophers have wrongly assumed that there is an asymmetry between the problem of induction and the logocentric predicament (the justification of deductive inferences). This paper will show that the demand for justification, for the very inferences that are required for justification, is deeply problematic. Using a Wittgensteinian approach, I will argue that justification has an internal relation with deductive and inductive inferences. For Wittgenstein, two concepts are internally related if my understanding of one is (...) predicated on my understanding of the other. Separating the two concepts so that one can be applied to the other is then a misunderstanding of role that these concepts play. (shrink)

Internalism holds that epistemic justification is determined by what is internal to the mind, not by facts about the mind-independent world. This paper introduces and defends a new kind of internalism that is rooted in rationalist ideas that have been neglected in recent epistemology, despite inspiring internalist projects in cognitive science. Ignoring rationalist insights has, I argue, damaged the prospects for internalism, by needlessly saddling internalists with empiricist burdens. Internalists can refuse these burdens by accepting a better philosophy (...) of mind. Rather than looking to 17th century rationalists, I look to Kant, and especially his idea that normativity is grounded in the constitution of agency and mind. A Kantian approach can avoid stock objections to internalism, I argue, and can also capture all the alleged benefits of externalism. The paper is structured as follows. In §2, I get back to basics and consider more ways to satisfy the core internalist template than have become standard. I draw attention to rationalist insights about how normativity could be grounded in the constitution of mind, and hypothesize that if internalism respects these insights, some problems disappear. I develop this hypothesis in §3 with a Kantian view. I further defend this view in §4. I conclude in §5 by explaining why Kantian internalism answers the latest challenges to internalism. (shrink)

Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights Summary In this paper it is argued that legitimization of the universal system of the protection of human rights depends primary not from the content of values recognised as fundamental but rather from metaaxiological solutions related to the way of existence and to the possibility of cognition of these values. Legitimisation is based on the recognition of an objective nature and of cognoscibility of basic values. Realisation (...) of the primary aim of this paper is linked to the problem of different meanings of the notion of universality, used in the context of the universal system of the protection of human rights. First, descriptive and normative meanings have to be distinguished. In the case of normative sense, there are moral and legal meanings of “universality”. An axiological justification of the universality of human rights in the legal sense leads to the legitimisation of the universal system. It is shown that modifications of – broadly accepted in the Polish theory of law – definitions of an axiological justification of legal norms are needed. These definitions base such a justification on the valuations made by particular groups of subjects. It is argued that it is much more convenient to refer to valuations understood as meanings of sentences of certain kind. -/- Streszczenie W artykule zmierza się do uzasadnienia tezy, że legitymizacja uniwersalnego systemu ochrony praw człowieka jest oparta nie tyle na treści wartości uznawanych w tym systemie, ale na uznanych w nich rozstrzygnięciach metaaksjologicznych, dotyczących tego, jak istnieją wartości podstawowe dla tego systemu i czy są one poznawalne. Walor legitymizacyjny posiada przede wszystkim uznanie obiektywnego charakteru tych wartości i ich poznawalności. Realizacja zasadniczego celu zakłada uporządkowanie podstawowych pojęć dotyczących problematyki powszechności praw człowieka – termin „powszechność” stosowany w odniesieniu do praw człowieka w kontekście uniwersalnego systemu ochrony ma wiele znaczeń. Przede wszystkim odróżnić trzeba powszechność w aspekcie opisowym i w aspekcie normatywnym. W przypadku powszechności w aspekcie normatywnym w grę może wchodzić powszechność w sensie ideowym i powszechność w sensie pozytywnoprawnym. Uzasadnienie tej ostatniej jest też uzasadnieniem poszukiwanej tu legitymizacji uniwersalnego systemu ochrony praw człowieka. Prowadzone analizy prowadza także do sformułowania postulatów dotyczących sposobu definiowania uzasadnienia aksjologicznego norm prawnych. Modyfikacji wymagają powszechnie przyjmowane w polskiej teorii prawa definicje relatywizujące takie uzasadnienie do ocen przyjmowanych przez konkretne podmioty oceniające lub ich grupy. (shrink)

Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights Summary In this paper it is argued that legitimization of the universal system (UN-system) of the protection of human rights depends primary not from the content of values recognised as fundamental but rather from metaaxiological solutions related to the way of existence and to the possibility of cognition of these values. Legitimisation is based on the recognition of an objective nature and of cognoscibility of basic values. (...) Realisation of the primary aim of this paper is linked to the problem of different meanings of the notion of universality, used in the context of the universal system of the protection of human rights. First, descriptive and normative (prescriptive) meanings have to be distinguished. In the case of normative sense, there are moral and legal meanings of “universality”. An axiological justification of the universality of human rights in the legal sense leads to the legitimisation of the universal system. It is shown that modifications of – broadly accepted in the Polish theory of law – definitions of an axiological justification of legal norms are needed. These definitions base such a justification on the valuations made by particular groups of subjects. It is argued that it is much more convenient to refer to valuations understood as meanings of sentences of certain kind. -/- Streszczenie W artykule zmierza się do uzasadnienia tezy, że legitymizacja uniwersalnego systemu ochrony praw człowieka jest oparta nie tyle na treści wartości uznawanych w tym systemie, ale na uznanych w nich rozstrzygnięciach metaaksjologicznych, dotyczących tego, jak istnieją wartości podstawowe dla tego systemu i czy są one poznawalne. Walor legitymizacyjny posiada przede wszystkim uznanie obiektywnego charakteru tych wartości i ich poznawalności (uznanie kognitywizmu aksjologicznego). Realizacja zasadniczego celu zakłada uporządkowanie podstawowych pojęć dotyczących problematyki powszechności praw człowieka – termin „powszechność” stosowany w odniesieniu do praw człowieka w kontekście uniwersalnego systemu ochrony ma wiele znaczeń. Przede wszystkim odróżnić trzeba powszechność w aspekcie opisowym i w aspekcie normatywnym. W przypadku powszechności w aspekcie normatywnym w grę może wchodzić powszechność w sensie ideowym (moralnym) i powszechność w sensie pozytywnoprawnym. Uzasadnienie tej ostatniej jest też uzasadnieniem poszukiwanej tu legitymizacji uniwersalnego systemu ochrony praw człowieka. Prowadzone analizy prowadza także do sformułowania postulatów dotyczących sposobu definiowania uzasadnienia aksjologicznego norm prawnych. Modyfikacji wymagają powszechnie przyjmowane w polskiej teorii prawa definicje relatywizujące takie uzasadnienie do ocen przyjmowanych przez konkretne podmioty oceniające lub ich grupy. (shrink)

Tim Button explores the relationship between words and world; between semantics and scepticism. -/- A certain kind of philosopher – the external realist – worries that appearances might be radically deceptive. For example, she allows that we might all be brains in vats, stimulated by an infernal machine. But anyone who entertains the possibility of radical deception must also entertain a further worry: that all of our thoughts are totally contentless. That worry is just incoherent. -/- We cannot, then, be (...) external realists, who worry about the possibility of radical deception. Equally, however, we cannot be internal realists, who reject all possibility of deception. We must position ourselves somewhere between internal realism and external realism, but we cannot hope to say exactly where. We must be realists, for what that is worth, and realists within limits. -/- In establishing these claims, The Limits of Realism critically explores and develops several themes from Hilary Putnam’s work: the model-theoretic arguments; the connection between truth and justification; the brain-in-vat argument; semantic externalism; and conceptual relativity. The book establishes the continued significance of these topics for all philosophers interested in mind, logic, language, or the possibility of metaphysics. (shrink)

This paper critically assesses the model of evaluation of scientific research for democratic societies defended by Philip Kitcher. The “significant truth” approach proposes a viable alternative to two classic images of science: that of the “critics”, who believe that science always serves the interests of the powerful and that of the “faithful”, who argue that the pursuit of scientific knowledge is always valuable and necessary. However, the democratic justification of Kitcher’s proposal is not compatible with the ethical problems generated (...) by the international biomedical research in developing countries. To overcome this problem, I revise the national democratic framing of the significant truth approach in light of the theory of justice of John Rawls. (shrink)

In this article I will offer a reconsideration of Soran Reader’s moral pacifism. I will begin by reconstructing the three main arguments presented by Reader in her article ‘Making Pacifism Plausible’ in the second part of this essay. In the third section, I discuss and evaluate Reader’s arguments and conclude that her moral pacifism is indeed plausible. In the fourth section, I introduce the notion of political pacifism. Moral pacifism is the philosophical thesis that war cannot be morally justified. Political (...) pacifism, in contrast, refers to the political movement that aims to abolish the institution of war to replace it with an institution of peace. My proposal is that we combine moral pacifism and political pacifism in order to show that in today’s world we are faced with a situation of structural injustice with regard to international conflicts between states. In the status quo, international war is the accepted institution to solve conflicts between states. However, according to moral pacifism, war is always morally problematic. I argue that our current political situation is structurally unfair and when we are threatened with an unjust external invasion, we have no morally sound choices for action. Going to war and refusing to fight are both deeply morally problematic options. Without just alternatives, we may end up going to war to protect our territory and children. However, we should resist the temptation to conclude that war can be just, even in these circumstances. In the last section of the article, I conclude that philosophers should stop using all their intellectual energy to provide philosophical justifications for a just war theory (a theory that is widely accepted by contemporary philosophers). Instead, we ought to argue that war is always unjust, and precisely for this reason we should commit to research about how to replace the institution of war with an institution of peace, and think about what would be the most appropriate form for such institution. For these reasons, I believe it is important for us to reconsider Soran Reader’s moral pacifism. (shrink)

The normative and metanormative pluralism that figures among core self-descriptions of democratic theory, which seems incompatible with democratic theorists’ practical ambitions, may stem from the internal logic of research traditions in the social sciences and humanities and in the conceptual structure of political theory itself. One way to deal productively with intradisciplinary diversity is to appeal to the idea of a meta-consensus; another is to appeal to the argument from cognitive diversity that fuels recent debates on epistemic democracy. For (...) different reasons, both strategies fail, such that a metatheoretical step aside may be desirable, one that entails modeling democratic theory after the public justification approach. (shrink)

In international law and the ethics of war, there are a variety of actions which are seen as particularly problematic and presumed to be always or inherently wrong, or in need of some overwhelmingly strong justification to override the presumption against them. One of these actions is assassination, in particular, assassination of heads of state. In this essay I argue that the presumption against assassination is incorrect. In particular, I argue that if in a given scenario war is justified, (...) then assassination of the enemy state's leader is also justified, and in fact ought to be pursued as a means short of war. I defend this position on both consequential and deontic grounds, arguing that assassination is both more discriminate than war and serves to harm only those most responsible for the situation which justifies war in the first place. I conclude by arguing that a norm of assassination, far from being a destabilizing force, as some have argued, would in fact serve to reinforce international norms of rights and respect for persons by making clear that tyrants and would-be oppressors cannot hide behind military forces or notions of sovereignty to protect themselves from judgment and retribution. (shrink)

Human rights theory and practice have long been stuck in a rut. Although disagreement is the norm in philosophy and social-political practice, the sheer depth and breadth of disagreement about human rights is truly unusual. Human rights theorists and practitioners disagree – wildly in many cases – over just about every issue: what human rights are, what they are for, how many of them there are, how they are justified, what human interests or capacities they are supposed to protect, what (...) they require of persons and institutions, etc. Disagreement about human rights is so profound, in fact, that several prominent theorists have remarked that the very concept of a “human right” appears nearly criterionless. In my 2012 article, “Reconceptualizing Human Rights”, I diagnosed the root cause of these problems. Theorists and practitioners have falsely supposed that the concept of “human right” picks out a single, unified class of moral entitlements. However, the concept actually refers to two fundamentally different types of moral entitlements: (A) international human rights, which are universal human moral entitlements to coercive international protections, and (B) domestic human rights, which are universal human moral entitlements to coercive domestic protections. Accordingly, I argue, an adequate “theory of human rights” must be a dual theory. The present paper provides the first such theory. First, I show that almost every justificatory ground given for “human rights” in the literature – such as the notion of a “minimally decent human life”, “urgent human interests”, and “human needs” – faces at least one of two fatal problems. Second, I show that after some revisions, James Griffin’s conception of “personhood” provides a compelling justificatory ground for international human rights. Third, I show that the account entails that there are very few international human rights – far fewer than existing human rights theories and practices suggest. Fourth, I show that there are reasons to find my very short list of international human rights compelling: “human rights justifications” for coercive international and foreign policy actions over the past several decades have consistently overstepped what can be morally justified, and my account reveals precisely how existing human rights theories and practices have failed to adequately grapple with these moral hazards. Finally, I outline an account of domestic human rights which fits well with many existing human rights beliefs and practices, vindicating those beliefs and practices, but only at a domestic level. (shrink)

Wars are large-scale conflicts between organized groups of belligerents, which involve suffering, devastation, and brutality unlike almost anything else in human experience. Whatever one’s other beliefs about morality, all should agree that the horrors of war are all but unconscionable, and that warfare can be justified only if we have some compel- ling account of what is worth fighting for, which can justify contributing, as individu- als and as groups, to this calamitous endeavour. Although this question should obviously be central (...) to both philosophical and politi- cal discussion about war, it is at the forefront of neither. In recent years, philosophical discussion of warfare has bloomed, but the debate has focused on whom we may kill, on the assumption that our aims are justified.1 Political debate, meanwhile, is more concerned with matters of prudence, international law, and public justification, than with reassessing what is worth fighting for. For wars of intervention to halt or prevent massive humanitarian crises, this gap is not so troubling. When warfare is the only means to prevent the mass killing or enslavement of the innocent, the purposes of military force are clear enough (though undoubtedly many other problems remain). The problem is more pressing, how- ever, for the justification of national defence.3 Although common-sense morality and international law view national defence as the paradigm case of justified warfare, grounding this consensus is surprisingly difficult.4 We typically believe that any state is justified in using lethal force to protect its territory against any form of uninvited military incursion by any other state. And yet we lack a good argument to explain why this should be so. In this chapter, I explain why one familiar and otherwise plausible approach to the justification of killing in war cannot adequately ground common-sense views of permissible national defence.5 Reductionists believe that justified warfare reduces to an aggregation of acts that are justified under ordinary principles of interpersonal morality.6 The standard form of reductionism focuses on the principles governing killing in ordinary life, specifically those that justify intentional killing in self- and other-defence, and unintended but foreseen (for short, collateral) killing as a lesser evil. Justified warfare, on this view, is no more than the coextension of multiple acts justified under these two principles. Reductionism is the default philosophical approach to thinking through the ethics of killing in war. It makes perfect sense to ask what principles govern permissible kill- ing in general, before applying them to the particular context of war. If it cannot deliver a plausible set of conclusions about when national defence is permitted, then we must either revise our beliefs about which conclusions count as plausible, or else face the significant challenge of developing a different theoretical model for justifying war- fare—an exceptionalist model, which views war as an exception to the regular moral landscape, to which principles apply which apply to nothing else but war.7 We must show, in other words, that there is something worth fighting for in wars of national defence, which is not engaged when we use force in any other context. The chapter proceeds as follows. Section 2.2 sets out the argument against reduc- tionism.8 Section 2.3 considers and rebuts one common response to the argument, which has often been thought sufficient grounds to disregard its conclusion. Section 2.4 then asks whether a modified reductionism would survive unscathed by the argu- ment. Finally, section 2.5 sets out some desiderata on a plausible exceptionalist alterna- tive. Section 2.6 concludes. (shrink)

The discursive character of human rights prevents a precise summary of historical origin, rationale, or definition outside of the various codifications in religious texts, secular philosophies, founding national documents, and international treaties, charters, conventions, covenants, declarations, and protocols. Regarding the objects of human rights, we can speak of a “foundational five” 1) Personal security 2) Material subsistence 3) Elemental equality 4) Personal Freedom and 5) Recognition as a member of the human community. Despite, or perhaps because of its multivalence, the (...) concept of human rights has been criticized as “foundationalist,” “essentialist,” or “ethnocentric”—its universalism being used as a weapon against itself by critics of cultural imperialism. Even the tolerance discourses so popular in critical theory, however, gain their normative force from the same basic notion of individual or group rights. Notwithstanding these rhetorical abuses, the concept of human rights has proved robust as a doctrine of equality owing to its openness to a pluralism of justifications grounding the basic “goods” agreed as necessary for human development. (shrink)

Ethnobotanical research provides ample justification for comparing diverse biological nomenclatures and exploring ways that retain alternative naming practices. However, how (and whether) comparison of nomenclatures is possible remains a subject of discussion. The comparison of diverse nomenclatural practices introduces a suite of epistemic and ontological difficulties and considerations. Different nomenclatures may depend on whether the communities using them rely on formalized naming conventions; cultural or spiritual valuations; or worldviews. Because of this, some argue that the different naming practices may (...) not be comparable if the ontological commitments employed differ. Comparisons between different nomenclatures cannot assume that either the naming practices or the object to which these names are intended to apply identifies some universally agreed upon object of interest. Investigating this suite of philosophical problems, I explore the role grey nomenclatures play in classification. ‘Grey nomenclatures’ are defined as those that employ names that are either intentionally or accidentally non-Linnaean. The classification of the lichen thallus (a symbiont) has been classified outside the Linnaean system by botanists relying on the International Code of Nomenclature for algae, fungi, and plants (ICN). But, I argue, the use of grey names is not isolated and does not occur exclusively within institutionalized naming practices. I suggest, ‘grey names’ also aptly describe nomenclatures employed by indigenous communities such as the Samí of Northern Finmark, the Sherpa of Nepal, and the Okanagan First Nations. I pay particular attention to how naming practices are employed in these communities; what ontological commitments they hold; for what purposes are these names used; and what anchors the community’s nomenclatural practices. Exploring the history of lichen naming and early ethnolichenological research, I then investigate the stakes that must be considered for any attempt to preserve, retain, integrate, or compare the knowledge contained in both academically formalized grey names and indigenous nomenclatures in a way that preserves their source-specific informational content. (shrink)

A perceptual realism that is naive in a good way must be naively realistic about world and mind. But contemporary self-described naive realists often have trouble acknowledging that both the good cases of successful perception and the bad cases of illusion and hallucination involve internal experiential states with intentional contents that present the world as being a certain way. They prefer to think about experience solely in relational terms because they worry that otherwise we won’t be able to escape (...) from radical skepticism. I argue that experiential relations to objects require that their subjects be in internal experiential states. But this does not mean that these states are our epistemological starting point which can be known independently of any knowledge of the external world. We do escape the epistemological predicament of radical skepticism because the good cases are primary over the bad ones. But this is not because the good cases alone provide reasons for belief, but because we do not need a reason to think we are in a good case, but do need a reason to think we are not, and such a reason must come from a good case. So bad cases can only be thought of as deviations from good cases. And we can only understand experiences as states with contents distinct from their objects and present in good and bad cases once we understand misrepresentation, that is, bad cases, and therefore only as we ascribe knowledge of the external world to ourselves. (shrink)

ABSTRACT In this paper I defend a version of Wittgensteininan contextualism. This is a view about justification on which some beliefs are epistemically appropriate because evidence cannot be adduced in their favour. I trace the history of the view from Wittgenstein and Ortega to the present day, defend one version from the charge of relativism, and suggest some applications of the view both within and without philosophy.

The primary justification for mathematical structuralism is its capacity to explain two observations about mathematical objects, typically natural numbers. Non-eliminative structuralism attributes these features to the particular ontology of mathematics. I argue that attributing the features to an ontology of structural objects conflicts with claims often made by structuralists to the effect that their structuralist theses are versions of Quine’s ontological relativity or Putnam’s internal realism. I describe and argue for an alternative explanation for these features which instead (...) explains the attributes them to the mathematical practice of representing numbers using more concrete tokens, such as sets, strokes and so on. (shrink)