This paper focuses on Quong’s account of the scope of the means principle (the range of actions over which the special constraint on using a person applies). One the key ideas underpinning Quong’s approach is that the means principle is downstream from an independent and morally prior account of our rights over the world and against one another. I raise three challenges to this ‘rights first’ approach. First, I consider Quong’s treatment of harmful omissions and argue that (...) Quong’s view generates counter-intuitive results. Second, I argue that cases of harmful omissions raise problems for Quong’s claim that intentions are irrelevant to permissibility. Third, I consider Quong’s extension of the means principle to include uses of persons’ rightfully-owned property. I suggest that, contra Quong, the morality of defensive harm is not based on a prior account of distributive justice. Instead the two normative domains mutually inform one another. (shrink)

In a recent paper, Jonathan Quong tries to offer further support for “the proposition that there are sometimes agent-relative prerogatives to harm nonliable persons.” In this brief paper, I will demonstrate that Quong’s argument implicitly relies on the premise that the violinist in Thomson’s famous example has a right not to be unplugged. Yet, first, Quong provides no argument in support of this premise; and second, the premise is clearly wrong. Moreover, throughout his paper Quong (...) just question-beggingly and without argument assumes that one cannot lose rights in other ways than by one’s own responsible action. I conclude that Quong has failed to provide further support for his thesis. (shrink)

Jonathan Quong proposes the following “Stringency Principle” for proportionality in self-defense: “If a wrongful attacker threatens to violate a right with stringency level X, then the level of defensive force it is proportionate to impose on the attacker is equivalent to X.” I adduce a counter-example that shows that this principle is wrong. Furthermore, Quong assumes that what determines the stringency of a person’s right is exclusively the amount of force that one would have to avert from (...) someone else in order to have a necessity justification for one’s transgressing the right in order to avert said force. Yet, Quong provides no argument as to why, first, the stringency of a right should be measured exclusively with reference to permissible rights-infringement; and second, he provides no explanation as to why the permissibility of the rights-infringement should be established with reference to “someone else,” namely with reference to an “innocent person,” instead of with reference to the person against whom the right in question is actually being held: the aggressor. I argue that the latter option is certainly the more plausible one, but so amended the stringency principle will be unable to adjudicate any substantive questions about proportionality in self-defense. In particular, Quong’s account cannot “explain” – contrary to what Quong claims – the allegedly intuitive judgment that one must not kill in defense of property or in order to avoid minor injuries. (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)

Joanna Mary Firth and Jonathan Quong argue that both an instrumental account of liability to defensive harm, according to which an aggressor can only be liable to defensive harms that are necessary to avert the threat he poses, and a purely noninstrumental account which completely jettisons the necessity condition, lead to very counterintuitive implications. To remedy this situation, they offer a “pluralist” account and base it on a distinction between “agency rights” and a “humanitarian right.” I argue, first, (...) that this distinction is spurious; second, that the conclusions they draw from this distinction do not cohere with its premises; third, that even if one granted the distinction, Firth’s and Quong’s implicit premise that you can forfeit your agency rights but not your “humanitarian right” is unwarranted; fourth, that their attempt to mitigate the counterintuitive implications of their own account in the Rape case relies on mistaken ad-hoc assumptions; fifth, that even if they were successful in somewhat mitigating said counterintuitive implications, they would still not be able to entirely avoid them; and sixth, that even in the unlikely case that none of these previous five critical points are correct, Firth and Quong still fail to establish that aggressors can be liable to unnecessary defensive harm since they fail to establish that unnecessary harm can ever be defensive in the first place. (shrink)

Suppose A is wrongfully attempting to kill you, thereby forfeiting his right not to be harmed proportionately in self-defense. Even if it were proportionate to blow off A's arms and legs to stop his attack, this would be impermissible if you could stop his attack by blowing off just one of his arms. Blowing off his arms and legs violates the necessity condition on imposing harm. Jonathan Quong argues that violating the necessity condition consists in violating a right (...) to be rescued: blowing off four of A’s limbs in proportionate self-defense rather than blowing off one of A’s limbs in proportionate self-defense fails to costlessly rescue three of A's limbs. In response, we present cases which intuitively show that violating the necessity constraint involves the violation of a right that is more stringent than a right to be rescued. (shrink)

This paper evaluates Jonathan Quong’s attempt to defend a version of political liberalism from the asymmetry objection. I object that Quong’s defence relies on a premise that has not been adequately supported and does not look as if it can be given adequate support.

Public reason as a political ideal aims to reconcile reasonable disagreement; however, is public reason itself the object of reasonable disagreement? Jonathan Quong, David Estlund, Andrew Lister, and some other philosophers maintain that public reason is beyond reasonable disagreement. I argue this view is untenable. In addition, I consider briefly whether or not two main versions of the public reason principle, namely, the consensus version and the convergence version, need to satisfy their own requirements. My discussion has several (...) important implications for the debate on public reason. (shrink)

Jonathan Quong classifies varieties of liberalism based on two yes-or-no questions. I show that there is a kind of perfectionist liberalism that cannot be located on his map. I call it backdoor liberal perfectionism.

Even among those who find lethal defense against non-responsible threats, innocent aggressors, or justified aggressors justified even in one to one cases, there is a debate as to what the best explanation of this permissibility is. The contenders in this debate are the liability account, which holds that the non-responsible or justified human targets of the defensive measures are liable to attack, and the justified infringement account, which claims that the targets retain their right not to be attacked but may (...) be attacked anyway, even in one to one situations. Given that we normally think that rights are trumps, this latter claim is counter-intuitive and rather surprising, and therefore in need of justification and explanation. So far only Jonathan Quong has actually tried to provide an explanation; however, I will argue that his explanation fails and that Quong’s own account of liability is misguided. I then address Helen Frowe’s critique of the liability account. She makes the important concession that the tactical bomber has to compensate his victims, but she tries to block the conclusion that he must therefore be liable. I will demonstrate that her attempt to explain away liability fails once that concession is made. (shrink)

In Liberalism without Perfection, Jonathan Quong develops what is perhaps the most comprehensive defense of the consensus model of public reason – a model which incorporates both a public-reasons-only requirement and an accessibility requirement framed in terms of shared evaluative standards. While the consensus model arguably predominates amongst public reason liberals, it is criticized by convergence theorists who reject both the public-reasons-only requirement and the accessibility requirement. In this paper, I argue that while we have good reason to (...) reject Quong’s call for a public-reasons-only requirement, all public reason liberals should endorse at least some shared evaluative standards and, hence, an accessibility requirement. (shrink)

In Liberalism without Perfection Jonathan Quong defends a form of political liberalism; that is, a political philosophy that answers ‘no’ to both the following questions: 1. Must liberal political philosophy be based in some particular ideal of what constitutes a valuable or worthwhile human life, or other metaphysical beliefs? 2. Is it permissible for a liberal state to promote or discourage some activities, ideals, or ways of life on grounds relating to their inherent or intrinsic value, or on (...) the basis of other metaphysical claims? In these remarks, I respond to Quong’s arguments against those of his rivals who answer ‘Yes’ to his first question by dint of their comprehensive commitment to an ideal of individual autonomy. One of these, which Quong calls ‘comprehensive antiperfectionism’, answers ‘Yes’ to Question 1 and ‘No’ to Question 2. The other, which answers ‘Yes’ to both, he calls (comprehensive) ‘liberal perfectionism’. Quong poses these positions a dilemma: they cannot consistently be both comprehensive (by retaining their commitment to autonomy) and liberal (by ruling out the sort of coercive interference in people’s choices which is beyond the liberal pale). I argue on the contrary that a comprehensive commitment to autonomy actually demands a general injunction against such coercive interference, because responsibility is an important component of the autonomous life, and coercion always undermines responsibility. So, Quong’s dilemma is unsuccessful. (shrink)

In this paper, I identify an argument derived from the commitments of John Rawls’s liberalism for restricting the consumption of recreational drugs in a liberal society, but not because of a great passion for restriction at present. The argument can also be used to respond to Jonathan Quong’s example of an unresolvable disagreement between liberal citizens.

The purpose of this chapter is to consider the question of whether respect for persons requires toleration of the expression of any extremist political or religious viewpoint within public discourse. The starting point of my discussion is Steven Heyman and Jonathan Quong’s interesting defences of a negative answer to this question. They argue that respect for persons requires that liberal democracies should not tolerate the public expression of extremist speech that can be regarded as recognition-denying or respect-denying speech (...) – that is, speech or other expressive conduct that expresses viewpoints that explicitly reject that all persons should be regarded and treated as free and equal persons or citizens. According to Heyman and Quong, recognition-denying speech falls outside the scope of the right to participate in public discourse (i.e. what it is a right to). In contrast to Heyman and Quong, one can argue that a strong case can be made for viewpoint neutrality on the basis of what can be called a libertarian or Nozickean status-based theory of rights. According to this theory, toleration in a liberal democracy requires respect for the status of persons as thinking agents, and respect for thinking agents and their sovereignty over their own mind requires viewpoint neutrality – that is, a basic right to participate in public discourse as speakers and listeners free from state-imposed viewpoint-based restrictions. All persons should have a basic right to express, hear and consider any viewpoint within public discourse. This doctrine of viewpoint neutrality requires that citizens in liberal democracies ought to have a legal free speech right to do moral wrong – that is, a legal right to express and defend any viewpoint within public discourse, even if it is morally wrong to express, or expose others to, such views. (shrink)

What are the justifications for and constraints on the use of force in self-defense? In his book The Morality of Defensive Force, Jonathan Quong presents the moral status account to address this and other fundamental questions. According to the moral status account, moral liability to defensive harm is triggered by treating others with less respect than they are due. At the same time, Quong rejects the relevance of culpability to the morality of defensive harming. In this article (...) I argue that this rejection of culpability is unfounded and that Quong fails to establish his account as superior to the culpability account of liability to defensive harm. (shrink)

In Liberalism with Excellence, Matthew Kramer makes an argument for how excellence may enter in into liberalism, despite liberalism’s strong commitment to neutrality. Kramer seeks to challenge not only the uncompromising rejection of this position by liberals such a Jonathan Quong, but also the so-called “blended” approach of “soft-perfectionist” scholars such as Joseph Raz and George Sher. In this essay, I do not so much challenge Kramer’s approach as offer an alternative for accomplishing the same thing. Under my (...) proposal, certain forms of excellence and neutrality can both be accommodated as long as state support for the form of excellence at issue is proportional to the support for such a form of excellence within the relevant polity, competing forms of excellence are non-rivalrous, and no one is forced to embrace a form of excellence with which they disagree. My proposal is therefore not what Ronald Dworkin derogatively characterized as “a checkerboard solution.” Rather than allowing the state to support contrary moral positions at one and the same time, it is a solution that takes morally compatible but nevertheless competing conceptions of excellence seriously, and exhibits neutrality by giving them proportional rather than full support. This neither forces anyone to pursue the particular forms of excellence the state supports nor prevents them from pursuing some other form of excellence entirely or, if they wish, no form of excellence at all. (shrink)

‘What it is like’ talk (‘WIL-talk’) — the use of phrases such as ‘what it is like’ — is ubiquitous in discussions of phenomenal consciousness. It is used to define, make claims about, and to offer arguments concerning consciousness. But what this talk means is unclear, as is how it means what it does: how, by putting these words in this order, we communicate something about consciousness. Without a good account of WIL-talk, we cannot be sure this talk sheds light, (...) rather than casts shadows, on our investigations of consciousness. The popular technical account of WIL-talk (see e.g. Lewis, 1995, and Kim, 1998) holds that WIL-talk involves technical terms — terms which look like everyday words but have a distinct meaning — introduced by philosophers. I argue that this account is incorrect by showing that the alleged technical terms were not introduced by philosophers, and that these terms do not have a technical meaning. (shrink)

The High Court continues to exercise its inherent jurisdiction to make declarations about interventions into the lives of situationally vulnerable adults with mental capacity. In light of protective responses of health care providers and the courts to decision-making situations involving capacitous vulnerable adults, this paper has two aims. The first is diagnostic. The second is normative. The first aim is to identify the harms to a capacitous vulnerable adult’s autonomy that arise on the basis of the characterisation of situational vulnerability (...) and autonomy as fundamentally opposed concepts or the failure to adequately acknowledge the conceptual relationship between them at common law. The second part of this aim is to draw upon developments in analytic feminist philosophy to illustrate how standard approaches to autonomy are ill-equipped to capture the autonomy issues of capacitous vulnerable adults when their decisions regarding care and treatment are at stake. The second (normative) aim is to develop an account of self-authorised, intersubjective autonomy on the basis of analytic feminist insights into the relational practices of recognition. This account not only attempts to capture the autonomy of capacitous vulnerable adults and account for the necessary harms to their autonomy that arise from standard common law responses to their situational vulnerability, it is also predicated on the distinctions between mental capacity, the satisfaction of conditions for informed consent and the exercise of autonomy, meaning that it is better placed to fulfil the primary aim of the inherent jurisdiction – to facilitate the autonomy of vulnerable adults with capacity. (shrink)

Philosophers of music commonly distinguish performative from critical interpretations. I would like to suggest that the distinction between critical and performative interpretations is well captured by an analogy to legal critics and judges. This parallel draws attention to several features of performative interpretation that are typically overlooked, and deemphasizes epistemic problems with performative interpretations that I believe are typically blown out of proportion and ultimately fail to capture interesting features of performative interpretation. There is an important distinction to be made (...) between critical and performative interpretation, but its source lies in a difference between the authority of critical and performative interpretations. (shrink)

In this paper, I explain a challenge to the Equal Weight View coming from the psychology of group inquiry, and evaluate its merits. I argue that while the evidence from the psychology of group inquiry does not give us a reason to reject the Equal Weight View, it does require making some clarifications regarding what the view does and does not entail, as well as a revisiting the ethics of belief.

Provides an opinionated overview of some recent debates within the ethics of war.

This chapter will consider three themes relating to the significance of intuitions in contemporary philosophy. In §1, I’ll review and explore the relationship between philosophical use of words like ‘intuitively’ and any kinds of mental states that might be called ‘intuitions’. In §2, I’ll consider the widely-discussed analogy between intuitive experience and perceptual experience, drawing out some interesting similarities and differences. Finally, in §3, I’ll introduce the recent movement of ‘experimental philosophy’, and consider to what extent its projects are tied (...) up with questions about the role of intuitions in philosophy. My primary aim will be to survey and explain; I will make no effort, however, to hide the fact that I’m a philosopher and a partisan to some of these debates. So there will be some arguments for controversial points of view, too—hopefully these will be easily perceptible, and my opponents fairly represented. Limitations of space demand a rather superficial treatment of most of our topics; endnotes will direct the reader to more comprehensive discussions. (shrink)

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

We sometimes seek expert guidance when we don’t know what to think or do about a problem. In challenging cases concerning medical ethics, we may seek a clinical ethics consultation for guidance. The assumption is that the bioethicist, as an expert on ethical issues, has knowledge and skills that can help us better think about the problem and improve our understanding of what to do regarding the issue. The widespread practice of ethics consultations raises these questions and more: -/- • (...) What would it take to be a moral expert? • Is anyone a moral expert, and if so, how could a non-expert identify one? • Is it in any way problematic to accept and follow the advice of a moral expert as opposed to coming to moral conclusions on your own? • What should we think and do when moral experts disagree about a practical ethical issue? -/- In what follows, we address these theoretical and practical questions about moral expertise. (shrink)

This entry summarizes an emerging subdiscipline of both empirical bioethics and experimental philosophy (“x-phi”) which has variously been referred to as experimental philosophical bioethics, experimental bioethics, or simply “bioxphi”. Like empirical bioethics, bioxphi uses data-driven research methods to capture what various stakeholders think (feel, judge, etc.) about moral issues of relevance to bioethics. However, like its other parent discipline of x-phi, bioxphi tends to favor experiment-based designs drawn from the cognitive sciences – including psychology, neuroscience, and behavioral economics – to (...) tease out why and how stakeholders think as they do. (shrink)

This chapter surveys a few of the central questions about philosophical perspectives on the ethics of belief, focusing especially on (1) questions about whether doxastic involuntarism is consistent with the normative approach to epistemology characteristic of any ethics of belief; (2) the status and interpretation of William Clifford's famous injunction against belief on "insufficient" evidence, and broader questions about the role of negative versus positive doxastic norms; (3) whether norms governing belief are distinctively epistemic norms, or are instead moral or (...) practical ones; and (4) how moral and political questions about belief bear on epistemic norms, including a discussion of doxastic wronging, racist beliefs, skepticism and rape culture, and epistemic partiality—whether, for instance, friendship requires beliefs that violate epistemic norms. (shrink)

Built-in decision thresholds for AI diagnostics are ethically problematic, as patients may differ in their attitudes about the risk of false-positive and false-negative results, which will require that clinicians assess patient values.

According to what Douglas calls ‘the consent requirement’, neuro-correctives can only permissibly be provided with the valid consent of the offender who will undergo the intervention. Some of those who endorse the consent requirement have claimed that even though the requirement prohibits the imposition of mandatory neurocorrectives on criminal offenders, it may yet be permissible to offer offenders the opportunity to consent to undergoing such an intervention, in return for a reduction to their penal sentence. I call this the neurocorrective (...) offer. In this chapter I consider the coercion-based objection to the neurocorrective offer, which claims that offenders cannot provide valid consent to undergoing a neurocorrective on the basis of this offer because it is inherently coercive. Having outlined early formulations of this argument, I point out that there are in fact two different versions of this objection, which appeal to different understandings of the concepts of coercion, consent and voluntariness. (shrink)

When faced with an urgent and credible threat of grave harm, we should take proportionate precautions. But what is it for a precaution to be “proportionate”? I construct a pragmatic analysis of consisting of four tests—permissibility-in-principle, adequacy, reasonable necessity and consistency—that could realistically be applied by a citizens’ assembly meeting online or in person. I apply these tests retrospectively to two examples from the COVID-19 pandemic—border closures and school closures—arguing that my account captures the key questions on which it is (...) both feasible and important to integrate expert input with democratic input. I then consider how we might try to manage the risk of future pandemics in a proportionate way. (shrink)

Causal models show promise as a foundation for the semantics of counterfactual sentences. However, current approaches face limitations compared to the alternative similarity theory: they only apply to a limited subset of counterfactuals and the connection to counterfactual logic is not straightforward. This paper addresses these difficulties using exogenous interventions, where causal interventions change the values of exogenous variables rather than structural equations. This model accommodates judgments about backtracking counterfactuals, extends to logically complex counterfactuals, and validates familiar principles of counterfactual (...) logic. This combines the interventionist intuitions of the causal approach with the logical advantages of the similarity approach. (shrink)

In this paper, I explore the Guam Department of Education's (GDOE) decolonization efforts and the potential role of Philosophy for Children (P4C) as a strategic tool for its advancement. I begin with a discussion of Guam's colonial context and its implications for contemporary education on the island. While the GDOE's current attempts to decolonize Guam's public education emphasize the need for an "official body of knowledge," many CHamoru scholars and activists have argued that it is not enough. This paper agrees (...) that such content-based reforms are insufficient and advocates for a more nuanced approach to education through P4C. Drawing on the P4C literature and decolonial education, I argue that while P4C alone may not bring about structural change, its pedagogical framework offers a promising alternative when adapted to indigenous contexts. The paper proposes that P4C can serve as a "Trojan Horse" within public schools, fostering decolonial acts of resurgence by elevating indigenous knowledge, welcoming indigenous masters, and empowering CHamoru students within a Westernized educational setting. (shrink)

The Equal Weight View is a view about the epistemic significance of disagreement that is thought to have significant skeptical consequences. In this paper I do two things: (i) apply the Equal Weight View to cases of religious disagreement, and (ii) evaluate some consequences of that application for the rationality of religious beliefs. With regard to (i), I argue that the Equal Weight View implies that awareness of the current state of disagreement over religious propositions, such as God exists or (...) God doesn’t exist, gives us a defeater for any non-skeptical attitude toward such propositions. With regard to (ii), I examine what this entails about the rationality of religious beliefs. In particular, I examine how troubling the theist should find these consequences, and argue that they are not as troubling as is typically thought. -/- . (shrink)

How does philosophy learn to speak a new language? That is, how does some particular language come to serve as the means for the expression of philosophical ideas? In this paper, I present an answer grounded in four historical case studies and suggest that this answer has broad implications for contemporary philosophy. I begin with Jonathan Rée’s account of philosophical translation into English in the sixteenth century, and the debate between philosopher-translators who wanted to acquire – wholesale or with (...) modifications – foreign terms, and those who wished to take existing words and transform them from their ordinary to a philosophical use. I sketch how these twin processes of ‘acquisition’ and ‘transformation’ manifested themselves in philosophical translations from Greek to Latin, Greek to Arabic and both Greek and Arabic to Gə’əz and argue that comparative work in this vein could yield interesting and significant results. I suggest that not only is Rée’s approach useful for thinking about philosophical translation historically, but that philosophical translation between very different languages is important for contemporary philosophy insofar as it reveals the linguistic presuppositions of philosophical theories expressed in some particular language, and that this constitutes an argument against the prevailing monolingualism in philosophy. (shrink)

In recent years, some defenders of traditional philosophical methodology have argued that certain critiques of armchair methods are mistaken in assuming that intuitions play central evidential roles in traditional philosophical methods. According to this kind of response, experimental philosophers attack a straw man; it doesn’t matter whether intuitions are reliable, because philosophers don’t use intuitions in the way assumed. Deutsch (2010), Williamson (2007), and Cappelen (2012) all defend traditional methods in something like this way. I also endorsed something like this (...) line in Ichikawa (2014a). -/- In this contribution, I will follow up on this sort of defence of traditional philosophical methods in three ways. In §1, I will rehearse and extend some of my reasons for challenging the idea that traditional methods depend on intuitions in an evidential role. (My reasons are very different from those discussed in (Cappelen, 2012).) I will also engage with some recent more sophisticated attempts to establish the idea that intuitions play evidential roles in philosophy, such as that of Chudnoff (2013). In §2, I will consider and argue against a dismissive response to such positions from experimental philosophers, who consider the question of philosophical reliance on intuitions to be irrelevant to the experimentalist critique. But in §3, I will argue that it would also be a mistake to conclude (as Herman Cappelen does) that the critique is rendered totally irrelevant by the denial of the evidential role of intuitions; I defend a more moderate view on which the bearing of experimental studies of philosophical intuitions is relevant for philosophical methodology, but only in a relatively limited way. (shrink)

Can heritability estimates provide causal information? This paper argues for an affirmative answer: since a non-nil heritability estimate satisfies certain characteristic properties of causation (i.e., association, manipulability, and counterfactual dependence), it increases the probability that the relation between genotypic variance and phenotypic variance is (at least partly) causal. Contrary to earlier proposals in the literature, the argument does not assume the correctness of any particular conception of the nature of causation, rather focusing on properties that are characteristic of causal relationships. (...) The argument is defended against Lewontin's (1974) locality objection and Kaplan and Turkheimer's (2021) recent critique of Genome-Wide Association Studies (GWAS). (shrink)

The sentence "The boss fired the employee who is always late" invites the defeasible inference that the speaker is attempting to convey that the lateness caused the firing. We argue that such inferences cannot be understood in terms of familiar approaches to extrasemantic enrichment such as implicature, impliciture, explicature, or species of local enrichment already in the literature. Rather, we propose that they arise from more basic cognitive strategies, grounded in processes of coherence establishment, that thinkers use to make sense (...) of the world. Attention to such cases provides a richer and more varied landscape of extrasemantic enrichment than has been appreciated to date. (shrink)

This chapter examines the ways in which the debates about the epistemic significance of disagreement are debates about the nature and impact of higher-order evidence.

This article develops a liberal theory of cultural rights that must be guaranteed by just legal and political institutions. People form their own individual conceptions of the good in the cultural space constructed by the political societies they inhabit. This article argues that only rarely do individuals develop views of what is valuable that diverge more than slightly from the conceptions of the good widely circulating in their societies. In order for everyone to have an equal opportunity to autonomously form (...) their own independent conception of the good, rather than merely following others, culture must be democratically controlled. Equal respect for members of a liberal democracy requires that all citizens have roughly equal opportunities to do things like make movies, publish novels, and exhibit paintings. This article contends that the contemporary American legal order fails to guarantee that all cititizens have roughly equal opportunities to shape and influence their shared culture. Guaranteeing the liberty to do so would require reforms to many areas of law, including applying anti-discrimination law more broadly to the conduct of cultural organizations, expanding fair use protections in copyright law, limiting the ability of businesses to arbitrarily refuse service to customers, and restricting private control of capital in order to democratize the means of cultural production. (shrink)

Contemporary analytic theological discussions of atonement do not attend extensively to questions of how narrative might relate to the atoning work of Christ. Liberation theologians, on the other hand, utilize narrative in their scholarly method regularly and often employ it when discussing atonement or reconciliation. This essay argues that analytic theologians should consider the notion of narrative (and narrative identity) as a mechanism of atonement in the broad sense of the term introduced when William Tyndale coined ‘atonement’ to translate 2 (...) Corinthians 5. I then offer some psychological grounds for thinking that reframing one’s self-narrative in terms of a transcendent narrative is often conducive to human flourishing, and I consider the work of James H. Cone as an instance of such transcendent narrative reframing at work. (shrink)

This paper looks at Gregory of Nyssa's so-called "bundle theory" sensible individuals and matter (as recently argued by Gerd Van Riel and Thomas Wauters in a 2020 article) amidst the broader context of Gregory's view of created beings and his reception of Neoplatonist, Stoic, and Aristotelian conceptions of particulars and matter. I argue that Gregory's position is closer to an Aristotelian position, despite the parallels to Plotinus and other contemporaneous bundle theory positions: in arguing against prime matter, and insofar as (...) he emphasizes the identity of each kind of created being with its material substrate—understood as a "bundle" of properties—Gregory inadvertently upholds a reading of Aristotle that refutes an ontological notion of prime matter. (shrink)

Political polarization is one of the most discussed challenges facing contemporary democracies and is often associated with a broader epistemic crisis. While inspiring a large literature in political science, polarization’s epistemic problems also have significance for normative democratic theory, and this study develops a new approach aimed at understanding them. In contrast to prominent accounts from political psychology—group polarization theory and cultural cognition theory—which argue that polarization leads individuals to form unreliable political beliefs, this study focuses on system-level diversity. It (...) argues that polarization’s epistemic harms are best located in its tendency to reduce the diversity of perspectives utilized in a democratic system and in how this weakens the system’s ability to identify and address problems of public concern. Understanding such harms is also argued to require a greater consideration of the political dynamics of polarization and issues of elite discourse, alongside political psychology. (shrink)

Legal concepts can sometimes be unclear, leading to disagreements concerning their contents and inconsistencies in their application. At other times, the legal application of a concept can be entirely clear, sharp, and free of confusions, yet conflict with the ways in which ordinary people or other relevant stakeholders think about the concept. The aim of this chapter is to investigate the role of experimental jurisprudence in articulating and, ultimately, dealing with competing conceptual inferences either within a specific domain (e.g., legal (...) practice) or between, for example, ordinary people and legal practitioners. Although this chapter affirms the widespread assumption that experimental jurisprudence cannot, in and of itself, tell us which concepts should be applied at law, it highlights some of the contributions that experimental jurisprudence can, in principle, make to normative projects that seek to prescribe, reform, or otherwise engineer legal concepts. Thus, there is more that experimental jurisprudence can normatively offer than has usually been claimed. (shrink)

Under the current Mental Health Act of England and Wales, it is lawful to perform deep brain stimulation in the absence of consent and independent approval. We argue against the Care Quality Commission's preferred strategy of addressing this problematic issue, and offer recommendations for deep brain stimulation-specific provisions in a revised Mental Health Act.

Jonathan discusses the learning issues he observed which prompted him to adopt this platform in his teaching, the implementation process, and his observations of his students’ response to this approach.

This chapter considers Ernest Sosa’s contributions to philosophical methodology. In Section 1, Sosa’s approach to the role of intuitions in the epistemology of philosophy is considered and related to his broader virtue-theoretic epistemological framework. Of particular focus is the question whether false or unjustified intuitions may justify. Section 2 considers Sosa’s response to sceptical challenges about intuitions, especially those deriving from experimental philosophy. I argue that Sosa’s attempt to attribute apparent disagreement in survey data to difference in meaning fails, but (...) that some of his other, more general, responses to experimentalist sceptics succeed. (shrink)