Paul C. Taylor’s essay, Black Reconstruction in Aesthetics, is concerned with the relationship between language—in particular, what Taylor refers to as “terms”—and how we construct and live in the world. Following theorist Fred Moten, Taylor argues that “terms” are the “tools” through which we put ourselves and things into “play”. That is, “terms” help to shape how, when, and why we enter into social space with others. The “term” that Taylor is concerned with is “reconstruction”. In (...) particular, Taylor is concerned with how philosopher John Dewey utilizes the “term”, and the social space enacted through his usage. Taylor queries what is missing in Dewey’s “term”—namely, “race” and the history of “racialization”—and what this might imply about the social space that Dewey’s “term” invites us to enter. (shrink)

I remain unsatisfied by a lack of philosophical clarity among Báñezian authors on the nature of freedom. In a recent paper, I therefore posed a problem for Báñezianism that resembles what is called the “grounding problem” for Molinism: where do the truths about alternative possibilities come from? And I illustrated the problem in the context of the account of grace given by one famous defender of the view, Fr. Réginald Garrigou-Lagrange, whose work in turn was recently promoted by Taylor (...) Patrick O’Neill. O’Neill responds in this present journal issue to that paper, arguing that I failed to be attentive to distinctions drawn by Garrigou-Lagrange which would resolve the dilemma. However, I fear that O’Neill’s presentation of both the dilemma and his own resolution is conceptually confused. I will try to illustrate that O’Neill’s own responses are at many points either a concession to a certain fork of the dilemma that I posed in the original paper, or change the subject and fail to address my concerns except superficially. However, since at many points O’Neill implies that I reject Báñezianism, despite my explicit qualification in the paper that I do not, I will end by proposing what would constitute a sufficient response to the dilemma. (shrink)

A. E. Taylor states the widely held view that Plato’s Euthyphro posed a question which figured prominently in later ethical controversies: “It amounts to asking whether acts of piety, or more generally virtuous acts, derive their character of being right from the mere fact of being commanded or are commanded because they are antecedently intrinsically right.” I argue against this characterization of the Euthyphro. The argument Socrates deploys against Euthyphro’s third and most serious definition of holiness or piety (to (...) hosion) is not the opening round in the debate over divine command theory nor is a discussion of the nature of holiness ipso facto an exercise in ethical theory. (shrink)

At first glance, Fichte and Nietzsche might strike us as intellectual contraries. This impression is reinforced by Nietzsche’s disparaging remarks about Fichte. The dearth of critical literature comparing the two thinkers also could easily lead us to believe that they are, for all intents and purposes, irrelevant to one another. In this paper, however, I argue that their theories of subjectivity are in many respects remarkably similar and worthy of comparison. But I further explain how, despite this convergence, their normative (...) philosophies end up so conspicuously at odds with one another. After examining the resemblance between their denials of the substantial self, I respectively analyse Fichte’s and Nietzsche’s positive accounts of subjectivity, self-cultivation, and the political preconditions of self-cultivation. I locate the conceptual juncture at which their practical outlooks begin to part ways in their divergent drive psychologies and in their distinct conceptions of conscience. These apparently minor theoretical differences generate a large-scale disagreement regarding the political systems they believe best enable self-cultivation, with Fichte favouring a democratic regime, while Nietzsche opts for a markedly more aristocratic one. I close by sketching a possible way out of this dilemma. (shrink)

It is becoming increasingly common for authoritarian regimes to leverage digital technologies to surveil, repress and manipulate their citizens. Experts typically refer to this practice as digital authoritarianism (DA). Existing definitions of DA consistently presuppose a politically repressive agent intentionally exploiting digital technologies to pursue authoritarian ends. I refer to this as the intention-based definition. This paper argues that this definition is untenable as a general description of DA. I begin by illustrating the current predominance of the intention-based definition (Section (...) 2). Section 3 then presents four counterexamples to this definition: benign surveillance; digital sovereignty; attention-harvesting algorithms; and tech-induced loneliness. In each case, we witness authoritarianism being promoted by digital technologies without any evidence of this being intentionally caused by politically repressive agents. Based on these observations, I contend that the intention-based definition is underinclusive and is therefore unsustainable. Section 4 outlines an improved definition of DA – what I call the promotion-based definition. Since this more expansive definition does not posit intentional, politically repressive agency as a precondition of DA, it can accommodate the counterexamples discussed in Section 3. Moreover, it enables us to catch a broader spectrum of cases of DA, such as tech-induced loneliness, which those adhering to the intention-based definition are prone to overlook. After outlining further practical benefits of the promotion-based definition, I argue that we still need to distinguish between intentional and unintentional forms of DA since they call for distinct types of remedial action. -/- . (shrink)

This article critically analyzes Rawls’s attitude toward envy. In A Theory of Justice, Rawls is predominantly concerned with the threat that class envy poses to political stability. Yet he also briefly discusses the kind of envy that individuals experience toward their social peers, which he calls particular envy, and which I refer to as peer envy. He quickly concludes, however, that particular envy would not present a serious risk to the stability of his just society. In this article, I contest (...) this claim by arguing that the principles that structure Rawls’s ideal society are likely to exacerbate particular envy to a politically risky extent. Section 1 reconstructs his account of envy, giving special attention to his belief that competition kindles envy between peers. Section 2 then examines the way in which Rawls often endorses rivalry within the body politic. I argue that the society governed by justice as fairness is, on account of this rivalry, likely to generate a politically problematic degree of particular envy. In Section 3, I invoke ancient Greece as an example of a society that was, as a result of its intense competitiveness, often imperiled by dangerously elevated levels of peer envy. I then survey the key institutional mechanisms by which the ancient Greeks sought to manage this hazardous emotion. It turns out, however, that most of these mechanisms would be unavailable to Rawls insofar as they starkly contravene his principles of justice. I conclude that if Rawlsians wish to establish a society that fosters rivalry, they would do well to reflect on the means by which peer envy can be effectively harnessed. (shrink)

It has become orthodox to read Nietzsche as proposing the ‘sublimation’ of troublesome behavioural impulses. On this interpretation, he is said to denigrate the elimination of our impulses, preferring that we master them by pressing them into the service of our higher goals. My thesis is that this reading of Nietzsche’s conception of self-cultivation does not bear scrutiny. Closer examination of his later thought reveals numerous texts that show him explicitly recommending an eliminatory approach to self-cultivation. I invoke his theory (...) of the will to power in order to explain why he persistently valorises both elimination and sublimation as preconditions of healthy subjective unity. I conclude that which of these two approaches he recommends in a given situation depends on whether or not the impulse in question can be put to use within the overall economy of our drives. (shrink)

Political leaders engage in alarmism when they inflate threats to the commonweal in order to influence citizens' behavior. A range of democratic theorists argue that alarmism is necessary to maintain political order, with some even contending that alarmism is particularly necessary in democratic polities. Yet there appear to be strong grounds for thinking that alarmism is incompatible with the democratic ethos, namely insofar as it contravenes the principle of collective self-determination. Prima facie, alarmism seems to violate this principle because it (...) involves deception and emotional manipulation, both of which are incompatible with a commitment to autonomous, collective decision-making. However, almost none of the democratic theorists who posit alarmism as a political necessity acknowledge this tension, let alone explore how it might be overcome. In this paper, I rebut the claim that alarmism is essentially anti-democratic and argue that under the right institutional conditions it is broadly compatible with the principle of collective self-determination. I argue that if leaders obtain community consent for their use of alarmism, then the apparent tension with collective autonomy dissolves. In the final section of the paper, I briefly sketch how this consent might feasibly be obtained. (shrink)

Paul Draper argues that given theism we should not expect the amount of pain and suffering we observe in the world. And since the prevalence of such evils is not surprising from a non-theistic perspective, we should reject the theistic hypothesis. But not all surprising observations are necessarily a demerit when it comes to the assessment of a given theoretical perspective. I propose that on Christian theism the prevalence of evil is a surprising feature that contributes to the overall aesthetic (...) merit of the theistic hypothesis. This element of surprise in the world, when considered as a divine drama, sets the stage for an even more surprising dramatic upswing where the work of God solves the central narrative riddle of human history, namely evil and how it can be conquered. (shrink)

During the American Civil Rights Movement, Martin Luther King’s principal arguments reasoned from theological ethics, appealing to natural law, imago Dei, and agape love. Today in the United States, with the prevailing ideal of public reason, such arguments are unacceptable in the public square. In lieu of King’s theological arguments, are there philosophical principles or values adequate to sustain the cause of racial justice, establishing both a secure rational foundation for racial justice and providing sufficient moral incentive for citizens to (...) work self-sacrificially for this cause? I assess the prospects of the major philosophical alternatives, specifically utilitarianism, Kantian ethics, virtue ethics, contractarianism, and the anti-theory option. I conclude that each of these approaches fails to provide the necessary conceptual resources to sustain the cause for racial justice. This presents a disconcerting dilemma: either we readmit theological considerations into the public square or surrender hope for the achievement of lasting racial justice in the United States. (shrink)

The ethics of immigration is currently marked by a division between realists and idealists. The idealists generally focus on formulating morally ideal immigration policies. The realists, however, tend to dismiss these ideals as far-fetched and infeasible. In contrast to the idealists, the realists seek to resolve pressing practical issues relating to immigration, principally by advancing what they consider to be actionable policy recommendations. In this article, I take issue with this conception of realism. I begin by surveying the way in (...) which it exemplifies what certain political theorists have recently called ‘problem-solving’ realism – a species of realism which they reject as incoherent. These theorists demonstrate that what counts as a ‘feasible’ solution is far harder to establish than most problem-solving realists would have us believe. Applying this general critique to the specific domain of immigration ethics turns out to radically undermine the notion of realism that prevails in this sphere of applied ethics. I conclude that we should therefore revise our conception of what constitutes a genuinely realist approach to the problem of immigration. (shrink)

Terraforming is a process of planetary engineering by which the extant environment of a planetary body is transformed into an environment capable of supporting human inhabitants. The question I would like to consider in this paper is whether there is any reason to believe that the terraforming of another planet—for instance, the terraforming of Mars—is morally problematic. Topics related to the human exploration of space are not often discussed in philosophical circles. Nevertheless, there exists a growing body of philosophical literature (...) dedicated to sorting out the moral implications of the use of resources from (and in) space. Most of this literature is produced as environmental philosophy. Questions of .. (shrink)

ABSTRACTAccording to Nietzsche, both modern individuals and societies are pathologically fragmented. In this paper, I examine how he proposes we combat this affliction in his Untimely Meditations. I argue that he advocates a dual struggle involving both instrumental domination and eradication. On these grounds, I claim the following: 1. pace a growing number of commentators, we cannot categorise the species of conflict he endorses in the Untimely Meditations as agonistic; and 2. this conflict is better understood as analogous to the (...) species of struggle that Schopenhauer describes in his account of purposive organisation. (shrink)

Until recently, theorists of creativity have consistently maintained that two necessary conditions must be satisfied in order for us to legitimately ascribe creativity to a given phenomenon: a) that it exhibit novelty, and b) that it possess value. However, researchers investigating malevolent forms of creativity have claimed that the value condition is problematic insofar as we often ascribe creativity to products that are of entirely negative value for us. This has given rise to a number of modified conceptions of the (...) value condition, all of which I argue are inadequate (Sections 1 and 2). To address this issue, I advance a novel conception of creative value (Section 3). My contention is that even though malevolent creative products may be of net-negative value, they are nonetheless endowed with a degree of positive value for the predicating individual – that is, insofar as the salient originality of such products elicits an intrinsically-valuable affect of surprise. In Section 4 I then examine the way in which this affect promotes cultural flourishing and to that extent may be considered instrumentally valuable. The principal conclusion of these observations is that the existence of malevolent creativity does not genuinely controvert the standard view that creative products must possess positive value for the predicating individual. (shrink)

Medical ethicists conventionally assume that the requirement to employ informed consent procedures is grounded in autonomy. It seems intuitively plausible that providing information to an agent promotes his autonomy by better allowing him to steer his life. However, James Taylor questions this view, arguing that any notion of autonomy that grounds a requirement to inform agents turns out to be unrealistic and self-defeating. Taylor thus contends that we are mistaken about the real theoretical grounds for informed consent (...) procedures. Through analysing Taylor's arguments and showing that they do not stand up to scrutiny, it is possible to defend the view that autonomy is a plausible theoretical basis for informed consent, and to enhance our understanding of the relationship between autonomy and informed consent. (shrink)

Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 of Theory, we (...) can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (shrink)

Throughout the biological and biomedical sciences there is a growing need for, prescriptive ‘minimum information’ (MI) checklists specifying the key information to include when reporting experimental results are beginning to find favor with experimentalists, analysts, publishers and funders alike. Such checklists aim to ensure that methods, data, analyses and results are described to a level sufficient to support the unambiguous interpretation, sophisticated search, reanalysis and experimental corroboration and reuse of data sets, facilitating the extraction of maximum value from data sets (...) them. However, such ‘minimum information’ MI checklists are usually developed independently by groups working within representatives of particular biologically- or technologically-delineated domains. Consequently, an overview of the full range of checklists can be difficult to establish without intensive searching, and even tracking thetheir individual evolution of single checklists may be a non-trivial exercise. Checklists are also inevitably partially redundant when measured one against another, and where they overlap is far from straightforward. Furthermore, conflicts in scope and arbitrary decisions on wording and sub-structuring make integration difficult. This presents inhibit their use in combination. Overall, these issues present significant difficulties for the users of checklists, especially those in areas such as systems biology, who routinely combine information from multiple biological domains and technology platforms. To address all of the above, we present MIBBI (Minimum Information for Biological and Biomedical Investigations); a web-based communal resource for such checklists, designed to act as a ‘one-stop shop’ for those exploring the range of extant checklist projects, and to foster collaborative, integrative development and ultimately promote gradual integration of checklists. (shrink)

Central to Nozick’s Anarchy, State and Utopia is a defense of the legitimacy of the minimal state’s use of coercion against anarchist objections. Individuals acting within their natural rights can establish the state without committing wrongdoing against those who disagree. Nozick attempts to show that even with a natural executive right, individuals need not actually consent to incur political obligations. Nozick’s argument relies on an account of compensation to remedy the infringement of the non-consenters’ procedural rights. Compensation, however, cannot remedy (...) the infringement, for either it is superfluous to Nozick’s account of procedural rights, or it is made to play a role inconsistent with Nozick’s liberal voluntarist commitments. Nevertheless, Nozick’s account of procedural rights contains clues for how to solve the problem. Since procedural rights are incompatible with a natural executive right, Nozickeans can argue that only the state can enforce individuals’ rights without wronging anyone, thus refuting the anarchist. Thanks to Annette Dufner, Arnt Myrstad, Arthur Ripstein, Gopal Sreenivasan, James Sterba, Chloe Taylor, Sergio Tenenbaum, and Shelley Weinberg. Thanks also to Matt Zwolinski and Jonelle DePetro, who commented on earlier versions of the paper at the Central APA 2007 and at the 2006 Illinois Philosophical Association Conference (respectively). Finally, thanks to my graduate students at the University of Illinois at Urbana-Champaign for their active engagement with the ideas during a seminar on liberal theories of justice (fall 2007). (shrink)

Scholars have long debated the relationship between Kant’s doctrine of right and his doctrine of virtue (including his moral religion or ethico-theology), which are the two branches of his moral philosophy. This article will examine the intimate connection in his practical philosophy between perpetual peace and the highest good, between political and ethico-religious communities, and between the types of transparency peculiar to each. It will show how domestic and international right provides a framework for the development of ethical communities, including (...) a kingdom of ends and even the noumenal ethical community of an afterlife, and how the transparency and trust achieved in these communities is anticipated in rightful political society by publicity and the mutual confidence among citizens that it engenders. Finally, it will explore the implications of this synthesis of Kant’s political and religious philosophies for contemporary Kantian political theories, especially those of Jürgen Habermas and John Rawls. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms of formal equality of (...) opportunity (e.g., sensitivity training, outreach efforts, external monitoring and enforcement) and compensating support (e.g., special fellowship programs, childcare facilities, mentoring, co-op opportunities, etc.) can be justified, but that "hard" and even "soft" quotas are difficult to defend under any conditions. I conclude the paper by exploring the implications of these surprising results for contemporary liberalism more broadly and for constitutional law and public policy. (shrink)

Against several recent interpretations, I argue in this paper that Immanuel Kant's support for enlightened absolutism was a permanent feature of his political thought that fit comfortably within his larger philosophy, though he saw such rule as part of a transition to democratic self-government initiated by the absolute monarch himself. I support these contentions with (1) a detailed exegesis of Kant’s essay "What is Enlightenment?" (2) an argument that Kantian republicanism requires not merely a separation of powers but also a (...) representative democratic legislature, and (3) a demonstration that each stage of a democratic transition can potentially be in an absolute monarch’s short-run self-interest. I conclude the paper by defending Kant's theory of democratization against charges of consequentialism and paternalism and by pointing out its similarity to other accounts of democratic transitions (for example, those of Samuel Huntington and Guillermo O'Donnell), suggesting a previously unnoticed opportunity for cross-fertilization between political philosophy and comparative politics. (shrink)

Jeremy Waldron has recently raised the question of whether there is anything approximating the creative self-authorship of personal autonomy in the writings of Immanuel Kant. After considering the possibility that Kantian prudential reasoning might serve as a conception of personal autonomy, I argue that the elements of a more suitable conception can be found in Kant’s Tugendlehre, or “Doctrine of Virtue”—specifically, in the imperfect duties of self-perfection and the practical love of others. This discovery is important for at least three (...) reasons: first, it elucidates the relationship among the various conceptions of autonomy employed by personal-autonomy theorists and contemporary Kantians; second, it brings to the surface previously unnoticed or undernoticed features of Kant’s moral theory; and third, it provides an essential line of defense against certain critiques of contemporary Kantian theories, especially that of John Rawls. (shrink)

Against several recent interpretations, I argue in this chapter that Immanuel Kant's support for enlightened absolutism was a permanent feature of his political thought that fit comfortably within his larger philosophy, though he saw such rule as part of a transition to democratic self-government initiated by the absolute monarch himself. I support these contentions with (1) a detailed exegesis of Kant’s essay "What is Enlightenment?" (2) an argument that Kantian republicanism requires not merely a separation of powers but also a (...) representative democratic legislature, and (3) a demonstration that each stage of a democratic transition can potentially be in an absolute monarch’s short-run self-interest. (shrink)

Historically, republicans were of different minds about markets: some, such as Rousseau, reviled them, while others, like Adam Smith, praised them. The recent republican resurgence has revived this issue. Classical liberals such as Gerald Gaus contend that neo-republicanism is inherently hostile to markets, while neo-republicans like Richard Dagger and Philip Pettit reject this characterization—though with less enthusiasm than one might expect. I argue here that the right republican attitude toward competitive markets is celebratory rather than acquiescent and that republicanism demands (...) such markets for the same reason it requires the rule of law: because both are essential institutions for protecting individuals from arbitrary interference. I reveal how competition restrains—and in the limit, even eradicates—market power and thereby helps us realize “market freedom,” i.e., freedom as non-domination in the context of economic exchange. Finally, I show that such freedom necessitates “Anglo-Nordic” economic policies. (shrink)

Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...) dominating relationships within markets of all types, be they marital, labour, or residential. The substantial intervention and redistribution necessitated by such an approach make it leftist, while its tendency to work with rather than against the grain of markets makes it centrist. It is, in short, a contribution to progressive republican political thought, but one that is less social-democratic than market-democratic in character. (shrink)

Many scholars, including G. A. Cohen, Daniel Attas, and George Brenkert, have denied that a Kantian defense of self-ownership is possible. Kant's ostensible hostility to self-ownership can be resolved, however, upon reexamination of the Groundwork and the Metaphysics of Morals. Moreover, two novel Kantian defenses of self-ownership (narrowly construed) can be devised. The first shows that maxims of exploitation and paternalism that violate self-ownership cannot be universalized, as this leads to contradictions in conception. The second shows that physical coercion against (...) rational agents involves a profound status wrong--namely, their treatment as children or animals--and that this system of differential status and treatment (including self-ownership rights for rational agents) can be morally justified by our capacity for autonomy. (shrink)

Contemporary republicans have adopted a less-than-charitable attitude toward private beneficence, especially when it is directed to the poor, worrying that rich patrons may be in a position to exercise arbitrary power over their impoverished clients. These concerns have led them to support impartial public provision by way of state welfare programs, including an unconditional basic income (UBI). In contrast to this administrative model of public welfare, I will propose a competitive model in which the state regulates and subsidizes a decentralized (...) and nonstatist provision of support for the poor. This model will fix the historically objectionable features of private provision by having the state prevent collusion among private charities, deliver information to recipients about alternative sources of assistance, and give substantial grants to charities as well as tax incentives and vouchers to donors. I will contend that such an approach would do a better job of minimizing domination of the poor than traditional welfare states and may prove more politically feasible than a UBI, at least in the near term in certain national contexts. (shrink)

One powerful argument against self-ownership is that it degrades personhood by leading individuals to view themselves and others as mere instrumental goods, alienable commodities to be exchanged in markets like other products and services. In general terms, this line of criticism (called the “commodification argument”) maintains that a direct and causal relationship exists between certain legal institutions (self-ownership) and certain attitudes (instrumentalism) and that the undesirability of the latter justifies restrictions on the former. In this article, I will critically examine (...) Margaret Jane Radin’s book Contested Commodities (1996), which presents a well-developed, compelling version of the commodification argument. I will advance three central points over the course of the article: first, the purported causal connection between self-ownership and instrumentalism is either weak or nonexistent; second, the commodification argument does little independent moral work, tending instead to be parasitic on arguments against economic, racial, and gender inequality; and third, what independent moral work it does do seems to be directed not so much at self-ownership as at liberal neutrality. I will conclude by showing that the weaknesses of Radin’s diverse defenses of the commodification argument cast doubt upon the anticommodificationist enterprise as a whole. (shrink)

The republican tradition has long been ambivalent about markets and commercial society more generally: from the contrasting positions of Rousseau and Smith in the eighteenth century to recent neorepublican debates about capitalism, republicans have staked out diverse positions on fundamental issues of political economy. Rather than offering a systematic historical survey of these discussions, this chapter will instead focus on the leading neo-republican theory—that of Philip Pettit—and consider its implications for market society. As I will argue, Pettit’s theory is even (...) friendlier to markets than most have believed: far from condemning commercial society, his theory recognizes that competitive markets and their institutional preconditions are an alternative means to limit arbitrary power across the domestic, economic, and even political spheres. While most republican theorists have focused on political means to limit such power—including both constitutional means (e.g., separation of powers, judicial review, the rule of law, federalism) and participatory ones (democratic elections and oversight)—I will examine here an economic model of republicanism that can complement, substitute for, and at times displace the standard political model. Whether we look at spousal markets, labor markets, or residential markets within federal systems, state policies that heighten competition among their participants and resource exit from abusive relationships within them can advance freedom as non-domination as effectively or even more effectively than social-democratic approaches that have recently gained enthusiasts among republicans. These conclusions suggest that democracy, be it social or political, is just one means among others for restraining arbitrary power and is consequently less central to (certain versions of) republicanism than we may have expected. So long as they counteract domination, economic inroads into notionally democratic territory are no more worrisome than constitutional ones. (shrink)

This article criticizes radical labor republicanism on republican grounds. I show that its demand for universal workplace democracy via workers’ cooperatives conflicts with republican freedom along three different dimensions: first, freedom to choose an occupation…and not to choose one; second, freedom within the very cooperatives that workers are to democratically govern; and third, freedom within the newly proletarian state. In the conclusion, I ask whether these criticisms apply, at least in part, to the more modest, incrementalist strand of labor republicanism. (...) To the extent that they do, delaboring republicanism might be the best response. (shrink)

In the longstanding debate between liberals and libertarians over the morality of redistributive labor taxation, liberals such as John Rawls and Ronald Dworkin have consistently taken the position that such taxation is perfectly compatible with individual liberty, whereas libertarians such as Robert Nozick and Murray Rothbard have adopted the (very) contrary position that such taxation is tantamount to slavery. In this paper, I argue that the debate over redistributive labor taxation can be usefully reconstituted as a debate over the incidents (...) (or components) of self-ownership, with liberals arguing for a narrow definition of the concept and libertarians arguing for a broad one. By using what Alan Ryan has called the “language of proprietorship,” I pinpoint precisely the source of the disagreement between liberals and libertarians and assess the relative strengths of their arguments. I also show that the respective definitions of self-ownership used by liberals and libertarians are deeply problematic—though for strikingly different reasons. (shrink)

Is “liberal socialism” an oxymoron? Not quite, but I will demonstrate here that it is a much more unstable and uncommon hybrid than scholars had previously thought and that almost all liberals should reject socialism, even in its most attractive form. More specifically, I will show that three leading varieties of liberalism—neutralist, plural-perfectionist, and deliberative-democratic—are incompatible with even a moderate form of socialism, viz., associational market socialism. My paper will also cast grave doubt on Rawls’s belief that justice as fairness (...) is consistent with liberal socialism. (shrink)

A liberal antinomy of parenting exists: strong liberal intuitions militate in favor of both denying special resources to parenting projects (on grounds of project-neutrality) and granting them (on grounds of respect for personhood). I show that we can reconcile these two claims by rejecting a premise common to both--viz. that liberalism is necessarily committed to extensive procreative liberties--and limiting procreation and subsequent parenting to adults who meet certain psychological and especially financial criteria. I also defend this argument, which provides a (...) Kantian complement to utilitarian arguments for restricting procreation, against a variety of objections. (shrink)

Writing a college-application essay has become a rite of passage for high-school seniors in the U.S., one whose importance has expanded over time due to an increasingly competitive admissions process. Various commentators have noted the disturbing evolution of these essays over the years, with an ever-greater emphasis placed on obstacles overcome and traumas survived. How have we gotten to the point where college-application essays are all too frequently competitive-victimhood displays? Colleges have an understandable interest in the disadvantages their applicants may (...) have suffered, but this interest—and the awareness of it among both applicants and their advisors—has led to a “race to the bottom”: in order to thrive (or even survive) in a particular competitive context, participants are forced to continuously lower relevant standards in a game of one-upmanship. With college essays, the competition is among high-school seniors for admission, the one-upmanship is an ever-escalating effort to persuade admission committees of one’s greater disadvantage, and the relevant standards being lowered are honesty, privacy, and dignity—or so I shall argue. As we shall see, this particular race to the bottom imposes unequal costs on certain groups and has implications stretching well beyond collegiate admissions. (shrink)

Commercial republicanism is the idea that a properly-structured commercial society can serve the republican end of minimizing the domination of citizens by states (imperium) and of citizens by other citizens (dominium). Much has been written about this idea in the last half-century, including analyses of individual commercial republicans (e.g., Adam Smith and Immanuel Kant) as well as discussions of national traditions of the same (e.g., in America, Britain, France, the Netherlands, and Italy). In this chapter, I review five kinds of (...) arguments that have been historically offered for how commercial society so understood advances the republican ideal of non-domination: first, by simply realizing non-dominating relationships in the marketplace itself (Instantiation); second, by encouraging the growth of a wide middle class that can offer a counterweight to other, dominating classes (Internal Check-and-Balance); third, by increasing the wealth and power of republics vis-à-vis other, dominating states in the international arena (External Check-and-Balance); fourth, by helpfully nurturing bourgeois-civic virtues in republican citizens (Cultivating Virtue); and finally, by transforming dangerous passions into more readily regulable, even socially beneficial material interests (Sublimating Vice). I end the chapter by briefly considering commercial republicanism’s prospects as a continuing research program. (shrink)

A half-century of Rawls interpreters have overemphasized economic equality in A Theory of Justice, slighting liberty—the central value of liberalism—in the process. From luck-egalitarian readings of Rawls to more recent claims that Rawls was a “reticent socialist,” these interpretations have obscured Rawls’s identity as a philosopher of freedom. They have also obscured the perhaps surprising fact that Rawlsian liberties (basic and non-basic) restrain and even undermine that same economic equality. As I will show in this article, such undermining occurs in (...) three areas: first, in the lexical priority of the basic liberties; second, in the (underappreciated) role played by free and competitive markets in Rawls’s theory; and third, in the structure and functioning of Rawls’s preferred economic institutions, viz., liberal socialism and property-owning democracy. (shrink)

Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 of Theory, we (...) can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (shrink)

The priority of liberty has always played a central role in John Rawls's political theory. This chapter reviews Rawls's three arguments for the priority of liberty in Theory and argues that two of them do indeed fail (either in whole or in part) because of two types of error. It presents a partial reconstruction of the hierarchy argument, and demonstrates that our highest‐order interest in the development and exercise of rationality follows naturally from the Kantian commitment to autonomy that Rawls (...) expresses in Theory. The chapter discusses an apparent problem with the scope of the hierarchy argument: it does not offer a particularly compelling defense of the priority of the basic political liberties, including the rights to vote and hold public office. The chapter also discusses the implications of the priority of liberty for the American practice of civil libertarianism. (shrink)

A common claim in the philosophy-of-race literature is that the unearned benefits of whiteness can by themselves burden their recipients with special antiracist obligations, i.e., that these benefits can impose duties unilaterally, without the mediation of their recipients’ wills, and that these duties go beyond our general antiracist duties, which derive from our common liberal-democratic citizenship and shared humanity. I will argue against this claim, though I acknowledge that there may be duties that follow from these benefits when they are (...) combined with the affirmation or assertion of, assent to, or even mere acquiescence in white identity. Without such ratification, however, there will be no basis for either special white duties or a distinctively white guilt. (shrink)

Religious conservatives in the U.S. have frequently opposed public-health measures designed to combat STDs among minors, such as sex education, condom distribution, and HPV vaccination. Using Rawls’s method of conjecture, I will clear up what I take to be a misunderstanding on the part of religious conservatives: even if we grant their premises regarding the nature and source of sexual norms, the wide-ranging authority of parents to enforce these norms against their minor children, and the potential sexual-disinhibition effects of the (...) above public-health measures, their opposition to at least one of these measures, HPV vaccination, cannot be justified. In fact, their comprehensive doctrines, when properly interpreted, should lead them to back this measure and thereby draw closer to a policy consensus with other citizens regarding teenage sexual health. (shrink)

Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. This tension between free (...) speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services. (shrink)

Philosophers have given sustained attention to the controversial possibility of (legal) markets in transplantable human organs. Most of this discussion has focused on whether such markets would enhance or diminish autonomy, understood in either the personal sense or the Kantian moral sense. What this discussion has lacked is any consideration of the relationship between self-ownership and such markets. This paper examines the implications of the most prominent and defensible conception of self-ownership--control self-ownership (CSO)--for both market and nonmarket organ-allocation mechanisms. The (...) paper contends that CSO rules out a large set of nonmarket mechanisms, including escheatage ("presumed consent"), compensated takings of organs, and restricted gifting. It also argues that CSO, if accompanied by an economistic concern for welfare, can underwrite varying types of markets in human organs, ranging from mutual-insurance pools to inter vivos (i.e., live donor) organ sales. (shrink)

In an often-forgotten proclamation during an autobiographical interview in 1995, Thomas Kuhn notes, without much explanation, his indebtedness to psychoanalysis. While in the wake of Kuhn's 1962 publication The Structure of Scientific Revolutions, many psychoanalytic scholars have made use of his work to justify shifts in psychoanalytic traditions, few have attempted to point out the relation between Kuhnian science and the psychoanalytic process. This article argues that there is a strong affinity between the developmental and structural themes of Kuhn’s scientific (...) revolutions with that of the psychic restructuring that occurs in the psychoanalytic process. Furthermore, these affinities represent the lasting effects that psychoanalysis had on a young Kuhn. Utilizing the metapsychology of psychoanalyst Hans Loewald to highlight the theoretical underpinnings of Kuhn’s debt to the psychoanalytic experience, while also paying close attention to Kuhn’s discussions on resistance in science and his open-systems notion of individual and world, the author argues that we will learn how psychoanalysis, through Kuhn's own psychoanalytic treatment, revolutionized science. (shrink)

Within contemporary philosophy of mind, it is taken for granted that externalist accounts of meaning and mental content are, in principle, orthogonal to the matter of whether cognition itself is bound within the biological brain or whether it can constitutively include parts of the world. Accordingly, Clark and Chalmers (1998) distinguish these varieties of externalism as ‘passive’ and ‘active’ respectively. The aim here is to suggest that we should resist the received way of thinking about these dividing lines. With reference (...) to Brandom’s (1994; 2000; 2008) broad semantic inferentialism, we show that a theory of meaning can be at the same time a variety of active externalism. While we grant that supporters of other varieties of content externalism (e.g., Putnam 1975 and Burge 1986) can deny active externalism, this is not an option for semantic inferentialists: On this latter view, the role of the environment (both in its social and natural form) is not ‘passive’ in the sense assumed by the alternative approaches to content externalism. (shrink)

The Ontology for Biomedical Investigations (OBI) is an ontology that provides terms with precisely defined meanings to describe all aspects of how investigations in the biological and medical domains are conducted. OBI re-uses ontologies that provide a representation of biomedical knowledge from the Open Biological and Biomedical Ontologies (OBO) project and adds the ability to describe how this knowledge was derived. We here describe the state of OBI and several applications that are using it, such as adding semantic expressivity to (...) existing databases, building data entry forms, and enabling interoperability between knowledge resources. OBI covers all phases of the investigation process, such as planning, execution and reporting. It represents information and material entities that participate in these processes, as well as roles and functions. Prior to OBI, it was not possible to use a single internally consistent resource that could be applied to multiple types of experiments for these applications. OBI has made this possible by creating terms for entities involved in biological and medical investigations and by importing parts of other biomedical ontologies such as GO, Chemical Entities of Biological Interest (ChEBI) and Phenotype Attribute and Trait Ontology (PATO) without altering their meaning. OBI is being used in a wide range of projects covering genomics, multi-omics, immunology, and catalogs of services. OBI has also spawned other ontologies (Information Artifact Ontology) and methods for importing parts of ontologies (Minimum information to reference an external ontology term (MIREOT)). The OBI project is an open cross-disciplinary collaborative effort, encompassing multiple research communities from around the globe. To date, OBI has created 2366 classes and 40 relations along with textual and formal definitions. The OBI Consortium maintains a web resource providing details on the people, policies, and issues being addressed in association with OBI. (shrink)

"William Day is . . . concerned to explore the dynamics of what Cavell calls 'a theology of reading' through a careful examination of a fragment of the philosopher's autobiography first published as 'Excerpts from Memory' (2006) and subsequently revised for Little Did I Know (2010). If, as Cavell suggests, 'the underlying subject' of both criticism and philosophy is 'the subject of examples', in which our interest lies in their emblematic aptness or richness as exemplars, exemplarity becomes central to the (...) aim of our reading. . . . Day considers how autobiography as a genre is preoccupied with the question of the author's exemplarity (Augustine or Rousseau), and in Cavell's retelling in 'Excerpts from Memory' he discusses how an event that Cavell would have us read allegorically - his move at the age of seven to a new apartment, his coming upon a familiar bowl containing nonpareils, his remark upon this to his father and his father's violent reaction - recasts a scene of paternal hatred as the child's offer of communion. Day suggests that this retelling proves to be redemptive: first, of the incident itself, and second, of the reader's own experience. Seeing how to read this autobiographical life as exemplary helps us to transfigure our own moments of deprivation into so many possibilities for freedom." --James Loxley and Andrew Taylor, introductory chapter to Stanley Cavell: Philosophy, Literature and Criticism, 15-16. (shrink)