Under what conditions is a belief inferentially justified? A partial answer is found in Justification from Justification : a belief is inferentially justified only if all of the beliefs from which it is essentially inferred are justified. After reviewing some important features of JFJ, I offer a counterexample to it. Then I outline a positive suggestion for how to think about inferentially justified beliefs while still retaining a basing condition. I end by concluding that (...) epistemologists need a model of inferentially justified belief that is more permissive and more complex than JFJ. (shrink)

What can we learn from cases of knowledge from falsehood? Critics of knowledge-first epistemology have argued that these cases provide us with good reason for rejecting the knowledge accounts of evidence, justification, and the norm of belief. I shall offer a limited defense of the knowledge-first approach to these matters. Knowledge from falsehood cases should undermine our confidence in like-from-like reasoning in epistemology. Just as we should be open to the idea that knowledge can come (...) class='Hi'>from non-knowledge, we should be open to the idea that justified beliefs can come from unjustified beliefs. (shrink)

What can we learn from cases of knowledge from falsehood? Critics of knowledge-first epistemology have argued that these cases provide us with good reason for rejecting the knowledge accounts of evidence, justification, and the norm of belief. I shall offer a limited defense of the knowledge-first approach to these matters. Knowledge from falsehood cases should undermine our confidence in like-from-like reasoning in epistemology. Just as we should be open to the idea that knowledge can come (...) class='Hi'>from non-knowledge, we should be open to the idea that justified beliefs can come from unjustified beliefs. (shrink)

What can we learn from cases of knowledge from falsehood? Critics of knowledge-first epistemology have argued that these cases provide us with good reason for rejecting the knowledge accounts of evidence, justification, and the norm of belief. I shall offer a limited defense of the knowledge-first approach to these matters. Knowledge from falsehood cases should undermine our confidence in like-from-like reasoning in epistemology. Just as we should be open to the idea that knowledge can come (...) class='Hi'>from non-knowledge, we should be open to the idea that justified beliefs can come from unjustified beliefs. (shrink)

Conducting research on animals is supposed to be valuable because it provides information on how human mechanisms work. But for the use of animal models to be ethically justified, it must be epistemically justified. The inference from an observation about an animal model to a conclusion about humans must be warranted for the use of animals to be moral. When researchers infer from animals to humans, it’s an extrapolation. Often non-human primates are used as animal models (...) in laboratory behavioral research. The target populations are humans and other non-human primates. I argue that the epistemology of extrapolation renders the use of non-human primates in laboratory behavioral research unreliable. If the model is relevantly similar to the target, then the experimental conditions introduce confounding variables. If the model is not relevantly similar to the target, then the observations of the model cannot be extrapolated to the target. Since using non-human primates in as animal models in laboratory behavioral research is not epistemically justified, using them as animal models in laboratory behavioral research is not ethically justified. (shrink)

To have a well-functioning principle of academic freedom, we need to distin-guish critique from an infringement of academic freedom. To achieve this goal, this paper presents three necessary conditions for something to be an infringe-ment of academic freedom. These conditions allow to delineate cases in which at least one of the three conditions is not fulfilled. These are contrast cases that might – at first glance – look like infringements of academic freedom but are, in fact, not so. I (...) will refer to five such kinds of contrast cases: (1) discrimination and thus a more general kind of unjust treatment of a person engaged in aca-demic affairs, (2) infringement of freedom of speech or other non-academic intel-lectual freedoms, (3) mere critique, (4) justified critique that leads to justified limitations of someone’s academic freedom, and (5) cases of deep disagreement. Special attention will be given to vulnerabilities concerning unjustified silencing of critique, which haunt fields that lack clear and agreed-on ethical or academic standards. (shrink)

Theories of emotional justification investigate the conditions under which emotions are epistemically justified or unjustified. I make three contributions to this research program. First, I show that we can generalize some familiar epistemological concepts and distinctions to emotional experiences. Second, I use these concepts and distinctions to display the limits of the ‘simple view’ of emotional justification. On this approach, the justification of emotions stems only from the contents of the mental states they are based on, also (...) known as their cognitive bases. The simple view faces the ‘gap problem’: If cognitive bases and emotions (re)present their objects and properties in different ways, then cognitive bases are not sufficient to justify emotions. Third, I offer a novel solution to the gap problem based on emotional dispositions. This solution (1) draws a line between the justification of basic and non-basic emotions, (2) preserves a broadly cognitivist view of emotions, (3) avoids a form of value skepticism that threatens inferentialist views of emotional justification, and (4) sheds new light on the structure of our epistemic access to evaluative properties. (shrink)

Perceptual experiences are not immediately responsive to reasons. You see a stick submerged in a glass of water as bent no matter how much you know about light refraction. Due to this isolation from reasons, perception is traditionally considered outside the scope of epistemic evaluability as justified or unjustified. Is perception really as independent from reasons as visual illusions make it out to be? I argue no, drawing on psychological evidence from perceptual learning. The flexibility (...) of perceptual learning is a way of responding to new epistemic reasons. The resulting perceptual experiences are epistemically evaluable as justified or unjustified. (shrink)

In ‘Are Citizenship Tests Necessarily Illiberal?’, Michael Blake argues that difficult citizenship tests are not necessarily illiberal, so long as they test for the right things. In this paper, I argue that Blake’s attempt to square citizenship tests with liberalism fails. Blake underestimates the burdens citizenship tests impose on immigrants, ignoring in particular the egalitarian claims immigrants have on equal social membership. Moreover, Blake’s positive justification of citizenship tests – that they help justify immigrants’ coercive voting power – both neglects (...) the fact that such tests are coercively imposed on immigrants and that the citizenship test Blake envisions does little to help ensure immigrants’ votes are legitimate. Citizenship tests thus aren’t, even in principle, a way of protecting citizens from unjustified coercive power. They are, even under favourable circumstances, an illiberal way of obstructing immigrants’ quest for social equality. (shrink)

The question I want to answer is if and how the recognition approach, taken from the works of Axel Honneth, could be an adequate framework for addressing the problems of global justice and poverty. My thesis is that such a globalization of the recognition approach rests on the dialectic of relative and absolute elements of recognition. (1) First, I will discuss the relativism of the recognition approach, that it understands recognition as being relative to a certain society or a (...) set of institutions. The same is true for various forms of disrespect such as denigration or exclusion. The recognition approach is a form of internal reconstructive critique, which does not want to refer to absolute or ahistorical standards. (2) Second, I show that this relative understanding of recognition and disrespect rests on an absolute core of recognition, which transcends any given society. In short, this core is the possibility of undistorted self-realization, which is the main and universal element of a good life. Such an absolute core is necessary for distinguishing between justified and unjustified claims of relative recognition. It also serves as the normative benchmark for any society. (3) Finally, I will discuss the relation of these relative and absolute elements of recognition against the background of global justice. Claims of recognition can refer to this absolute core and demand that intersubjective conditions and social relations should change in order to make undistorted self-realization possible. This is the main point of reference for a recognition-based concept of global justice. (shrink)

Sceptical theists undermine the argument from evil by claiming that our ability to distinguish between justified and unjustified evil is weak enough that we must take seriously the possibility that all evil is justified. However, I argue that this claim leads to a dilemma: either our judgements regarding unjustified evil are reliable enough that the problem of evil remains a problem, or our judgements regarding unjustified evil are so unreliable that it would be misguided (...) to use them in our decision-making. The first horn undermines theism, while the second undermines our moral decision-making. Thus, sceptical theism is problematic. (shrink)

Recognition is one of the most ambivalent concepts in political and social thought. While it is a condition for individual freedom, the subject’s demand for recognition can be exploited as an instrument for reproducing domination. Axel Honneth addresses this issue and offers the concept of ideological recognition: Recognition is ideological when the addressees accept it from their subjective point of view but is unjustified from an objective point of view. Using the examples of the recognition of femininity, (...) I argue that Honneth’s account fails not only to offer the objective normative standard that delineates between morally justified and unjustified recognition, but also to descriptively explain why the addressees of ideological recognition accept their identities as having positive qualities. To overcome these problems, I provide an alternative, epistemic structural account. First, my account offers the concept of epistemic trust and identifies the objective injustice that Honneth’s account cannot capture. Second, my account offers the concept of structural power and discusses the problem of internalization of problematic identities. Furthermore, I argue that epistemic structural account has theoretical and practical benefits for analyzing domination and advancing the task of critique by explaining the ideological recognition in the case of racial identity, for example. (shrink)

Human social intelligence includes a remarkable power to evaluate what people know and believe, and to assess the quality of well- or ill-formed beliefs. Epistemic evaluations emerge in a great variety of contexts, from moments of deliberate private reflection on tough theoretical questions, to casual social observations about what other people know and think. We seem to be able to draw systematic lines between knowledge and mere belief, to distinguish justified and unjustified beliefs, and to recognize some (...) beliefs as delusional or irrational. This article outlines the main types of epistemic evaluations, and examines how our capacities to perform these evaluations develop, how they function at maturity, and how they are deployed in the vital task of sorting out when to believe what others say. (shrink)

Human and animal interests are often in conflict. In many situations, however, it is unclear how to evaluate and weigh competing human and animal interests, as the satisfaction of the interests of one group often inevitably occurs at the expense of those of the other group. Human-animal conflicts of this kind give rise to ethical questions. If animals count morally for their own sake, then we must ask in which cases the satisfaction or frustration of the interests of humans and (...) animals in conflict situations is justified or unjustified from an ethical perspective. In this article, we argue that limited aggregation accounts represent a promising means for resolving interspecies conflicts. The reason for this is that they can appropriately consider the qualitative relevance of interests, their relative importance to each other, and the number of individuals affected. For our argument, we start from the premise that animals count morally for their own sake, albeit to a lesser extent than humans. That is, we accept the view that animals may be used, for example, as a source of food or in animal research. However, as we will show, many basic interests of animals are sufficiently similar to human interests and can thus be compared to them. Hence, they ought to be aggregated in cases of conflict with human interests. We illustrate our account and its practical implications with the real-world example of a human-animal conflict during the outbreak of a zoonotic disease among farmed animals. We conclude that, in many cases, animal interests ought to be given more importance than they currently receive, which includes distributing the burdens and risks of farming practices more fairly. (shrink)

Much moral skepticism stems from the charge that moral facts do not figure in causal explanations. However, philosophers committed to normative epistemological discourse (by which I mean our practice of evaluating beliefs as justified or unjustified, and so forth) are in no position to demand that normative facts serve such a role, since epistemic facts are causally impotent as well. I argue instead that pragmatic reasons can justify our continued participation in practices which, like morality and epistemology, (...) do not serve the function of causal explanation. Finally, I defend this pragmatic justification of morality and epistemology against a number of objections, including the objection that it confuses practical and theoretical justification. (shrink)

Moral dilemmas can arise from uncertainty, including uncertainty of the real values involved. One interesting example of this is that of experimentation on human embryos and foetuses, If these have a moral stauts similar to that of human persons then there will be server constraitns on what may be done to them. If embryous have a moral status similar to that of other small clusters of cells, then constraints will be motivated largely by consideration for the persons into whom (...) the embryos may develop. If the truth lies somewhere between these two extremes, the embryo having neither the full moral weight of persons, nor a completely negligible moral weight, then different kinds of constraints will be appropriate. On the face of it, in order to know what kinds of experiements, if any, we are morally justified in performing on embryos we have to know what the moral weight of the embryo is. But then an impasse threatens, for it seems implausible that we can settle with certainty the exact moral status of the human embryo. It is the purpose of this paper to show that moral uncertainty need not make rational moral justification impossible. I develop a framework which distinguishes between what is morally right/wrong, and what is morally justified/unjustified, and applies standard decision theoretic tools to the case of moral uncertainties. (This was the first published account of what has subsequently become known as Expected Moral Value Theory. An earlier version of the paper, "A decision theoretic argument against human embryo experimentation", was published in M. Fricke (ed.), Essays in honor of Bob Durrant. (University of Otago Press, 1986) 111-27.). (shrink)

The concept of epistemic defeat or defeasibility has come to occupy an important place in contemporary epistemology, especially in relation to the closely allied concepts of justified belief, warrant, and knowledge. These allied concepts signify positive epistemic appraisal or positive epistemic status. As a first approximation, defeasibility refers to a belief’s liability to lose some positive epistemic status, or to having this status downgraded in some particular way. For example, a person may be epistemically justified in believing some (...) proposition p at one time, but then the belief might become less justified or even unjustified at some later time. Moreover, beliefs may also be prevented from having or acquiring some positive epistemic status in the first place. So more generally, defeasibility refers to a kind of epistemic liability or vulnerability, the potential of loss, reduction, or prevention of some positive epistemic status. A defeater is, broadly speaking, a condition that actualizes this potential. This article begins by outlining two general types of defeaters: propositional defeaters and mental state defeaters. Propositional defeaters are conditions external to the perspective of the cognizer that prevent an overall justified true belief from counting as knowledge. Mental state defeaters are conditions internal to the perspective of the cognizer (such as experiences, beliefs, withholdings) that cancel, reduce, or even prevent justification. (shrink)

This paper tries to do three things. First, it tries to make it plausible that correct rules of reasoning do not always preserve justification: in other words, if you begin with a justified attitude, and reason correctly from that premise, it can nevertheless happen that you’ll nevertheless arrive at an unjustified attitude. Attempts to show that such cases in fact involve following an incorrect rule of reasoning cannot be vindicated. Second, it also argues that correct rules of (...) reasoning do not even correspond to permissions of “structural rationality”: it is not always structurally permissible to base an attitude on other attitudes from which it follows by correct reasoning. Third, from these observations it tries to build a somewhat positive account of the correctness of rules of reasoning as a more sui generis notion irreducible to either justification or structural rationality. This account vindicates an important unity of theoretical and practical reasoning as well as a qualified version of the thesis that deductive logic supplies correct rules of reasoning. (shrink)

forthcoming in reisner and steglich-peterson, eds., Reasons for Belief If I believe, for no good reason, that P and I infer (correctly) from this that Q, I don’t think we want to say that I ‘have’ P as evidence for Q. Only things that I believe (or could believe) rationally, or perhaps, with justification, count as part of the evidence that I have. It seems to me that this is a good reason to include an epistemic acceptability constraint on (...) evidence possessed…1 It is a truism that adopting an unjustified belief does not put you in a better evidential position with respect to believing its consequences. This truism has led many philosophers to assume that there must, at a minimum, be a justification condition (and perhaps even a knowledge condition) on what it takes to count as having evidence. This is the best (or only) possible explanation of the truism, these philosophers have believed. This paper explores an alternative explanation for the truism. According to the alternative explanation that I will offer, unjustified beliefs do not put you in a better evidential position with respect to believing their consequences because any evidence you have in virtue of having an unjustified belief is guaranteed to be defeated. Since the lack of justification for a belief guarantees its defeat, I will suggest, we don't need to postulate a special justification condition (much less a knowledge condition) on what it takes to count as having evidence. Why is this important? It is important because the assumption that there must be a justification condition (or perhaps a knowledge condition) on what it takes to count as having evidence places a high bar on what it takes to have evidence - such a high bar that it is difficult to see how this bar could be met in the case of basic, perceptually justified beliefs. As a result, the high bar set by this condition plays a fundamental role, I will claim, in central features of a core dialectic from the epistemology of basic perceptual belief which plays a central role in the debates between internalism and externalism, foundationalism and coherentism, and rationalism and empiricism.. (shrink)

The potential for vaccines to prevent the spread of infectious diseases is crucial for vaccination policy and ethics. In this paper, I discuss recent evidence that the current COVID-19 vaccines have only a modest and short-lived effect on reducing SARS-CoV-2 transmission and argue that this has at least four important ethical implications. First, getting vaccinated against COVID-19 should be seen primarily as a self-protective choice for individuals. Second, moral condemnation of unvaccinated people for causing direct harm to others is (...) class='Hi'>unjustified. Third, the case for a harm-based moral obligation to get vaccinated against COVID-19 is weak. Finally, and perhaps most significantly, coercive COVID-19 vaccination policies (e.g., measures that exclude unvaccinated people from society) cannot be directly justified by the harm principle. (shrink)

Global meta-philosophical skepticism (i.e. completely unrestricted skepticism about philosophy) based upon disagreement faces the problem of self-defeat since it undercuts its motivating conciliatory principle. However, the skeptic may easily escape this threat by adopting a more modest kind of skepticism, that will be called “extensive meta-philosophical skepticism”, i.e., the view that most of our philosophical beliefs are unjustified, except our beliefs in epistemically fundamental principles. As I will argue in this paper, this kind of skepticism is well-motivated, does not (...) undercut the conciliatory principle, but still poses a radical challenge to philosophy as a cognitive discipline. Moreover, I will argue that non-global skepticism that is still extensive undermines itself as well. The deeper reason for this is that this more modest kind of skepticism can only be motivated by the assumption that disagreement with philosophical peers is abundant and that we can identify peers only by relying on track-record arguments. But then one can argue for extensive meta-philosophical skepticism only if one presupposes that those philosophical beliefs that form the basis of track-record evaluations are justified. Here, the threat of self-defeat looms again. I will proceed by first defending the premises of this new anti-skeptical argument against standard objections from the literature. Second, I will show in more detail where the epistemic inconsistency arises in the argument for extensive meta-philosophical skepticism. I conclude with an assessment of the scope and the limits of my argument. (shrink)

This paper responds to Bernecker’s attack on Michaelian’s simulationist account of confabulation, as well as his defence of the causalist account of confabulation :432–447, 2016a) against Michaelian’s attack on it. The paper first argues that the simulationist account survives Bernecker’s attack, which takes the form of arguments from the possibility of unjustified memory and justified confabulation, unscathed. It then concedes that Bernecker’s defence of the causalist account against Michaelian’s attack, which takes the form of arguments from (...) the possibility of veridical confabulation and falsidical relearning, is partly successful. This concession points the way, however, to a revised simulationist account that highlights the role played by failures of metacognitive monitoring in confabulation and that provides a means of distinguishing between “epistemically innocent” and “epistemically culpable” memory errors. Finally, the paper responds to discussions by Robins and Bernecker of the role played by the concept of reliability in Michaelian’s approach, offering further considerations in support of simulationism. (shrink)

The New Evil Demon Problem presents a serious challenge to externalist theories of epistemic justification. In recent years, externalists have developed a number of strategies for responding to the problem. A popular line of response involves distinguishing between a belief’s being epistemically justified and a subject’s being epistemically blameless for holding it. The apparently problematic intuitions the New Evil Demon Problem elicits, proponents of this response claim, track the fact that the deceived subject is epistemically blameless for believing as (...) she does, not that she is justified for so believing. This general strategy—which I call the “unjustified-but-blameless maneuver”—is motivated, in part, by the assumption that the distinction between epistemic justification and blamelessness is merely an extension of the familiar distinction between moral justification and blamelessness. In this paper, I consider three ways of drawing the distinction between justification and blamelessness familiar from the moral domain: the first in terms of a connection with reactive attitudes, the second in terms of the distinction between wrongness and wronging, and the third in terms of reasons-responsiveness. All three ways of drawing the distinction, I argue, make it difficult to see how an analogous distinction in the epistemic domain could help externalists explain away the intuitions which underwrite the New Evil Demon Problem. Motivating the unjustified-but-blameless maneuver, I conclude, is a much less straightforward task than its proponents tend to assume. (shrink)

According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the (...) class='Hi'>justified side violate the rights of innocent people ("collateral damage"), these combatants are in fact liable to attack by the combatants on the unjustified side. I will support this view with a rights-based account of liability to attack and then defend it against a number of objections raised in particular by Jeff McMahan. The result is that the thesis of the moral equality of combatants holds good for a large range of armed conflicts while the opposing thesis is of very limited practical relevance. (shrink)

In metaethics, evolutionary debunking arguments combine empirical and epistemological premises to purportedly show that our moral judgments are unjustified. One objection to these arguments has been to distinguish between those judgments that evolutionary influence might undermine versus those that it does not. This response is powerful but not well understood. In this paper I flesh out the response by drawing upon a familiar distinction in the natural sciences, where it is common to distinguish folk judgments from theoretical judgments. (...) I argue that this in turn illuminates the proper scope of the evolutionary debunking argument, but not in an obvious way: it is a very specific type of undermining argument that targets those theories where theoretical judgments are inferred merely from folk judgments. One upshot of this conclusion is that it reveals a verboten methodology in metaethics. The evolutionary debunking argument is therefore much less powerful than its proponents have supposed, but it nevertheless rules out what is perhaps a common way of attempting to justify moral judgments. (shrink)

Philosophers often state that the persistence of objects in vision is experienced differently than the persistence of sounds in audition. This difference is expressed by using metaphors from the metaphysical endurantism/perdurantism debate. For instance, it is claimed that only sounds are perceived as “temporally extended”. The paper investigates whether it is justified to characterize visually experienced objects and auditorily experienced sounds as different types of entities: endurants and perdurants respectively. This issue is analyzed from the perspective of (...) major specifications of the endurance/perdurance distinction connected, inter alia, with the notions of temporal parts and temporal localization. It is argued that it is unjustified to characterize visually experienced objects and auditorily experienced sounds as different types of entities in respect of how they persist. On the other hand, the apparent difference in the way of persisting can be explained by the presence of contingent differences between typical visual and auditory experiences. (shrink)

Epistemic teleology is the view that (a) some states have fundamental epistemic value, and (b) all other epistemic value and obligation are to be understood in terms of promotion of or conduciveness to such fundamentally valuable states. Veritistic reliabilism is a paradigm case: It assigns fundamental value to true belief, and it makes all other assessments of epistemic value or justification in terms of the reliable acquisition of beliefs that are true rather than false. Teleology faces potentially serious problems (...) class='Hi'>from cases of cross-propositional tradeoffs and cases of epistemic self-promotion. Both are cases in which committing some intuitive epistemic ill (such as believing against one’s evidence) promotes the greater epistemic good. It can seem that epistemic teleologies must incorrectly endorse intuitively unjustified beliefs as justified in such cases. This paper defends epistemic teleology on two fronts. First, I argue that the problems of tradeoffs and self-promotion do not affect minimally plausible epistemic teleologies. Second, I rehearse some of what I take to be the main reasons to prefer epistemic teleology to alternative views. A theme that develops along the way is that plausible teleologies evaluate belief-forming methods by appeal to their promotion of epistemic goals, but they evaluate individual beliefs by appeal to their causal histories. That is the feature that enables them to avoid tradeoff problems, without abandoning teleology and without resorting to ad hoc epicycles. (shrink)

Discussions in contemporary epistemology are burdened with confusions about the terms “rational”, “rationality” and their antonyms. In economy, for an agent to be rational simply means to satisfy the Bayesian probability axioms, but the situation in philosophy is much more complicated. Two kinds of rationality are usually distinguished. Epistemic rationality is an ability to achieve justified and true beliefs, whereas instrumental rationality is a capacity to act in accordance with one’s own interests. This division cleared the way to contemplation (...) about rational irrationality, which is the case when an acceptance of epistemically unwarranted beliefs may increase instrumental profit for an individual. In my article, I will criticize this approach. The proponents of rational irrationality 1) misunderstand the primacy of epistemic rationality over instrumental one; 2) underestimate social nature of normative terms; and 3) misinterpret the evolution of human cognition. I will illustrate my conclusions with an example from applied epistemology – conspiracy theories. It is misleading and disparaging to use the term “rational” in relation to sets of unjustified beliefs that are based on conspiratorial ideation. If philosophers cannot make their ideas on rationality clear, it might be better to leave out rationality completely from the epistemological discourse. (shrink)

My starting point is what I call the Normative Authority Conception of justification, where S is justified in their belief that p at t (to some degree n) if and only if their believing that p at t is not ruled out by epistemic norms that have normative authority over S at t. With this in mind, this paper develops an account of doxastic justification by first developing an account of the normative authority of epistemic norms. Drawing from (...) work in political philosophy, I argue that (a) the cognitive and evaluative commitments and concerns behind our actual practices of holding each other and ourselves accountable for our beliefs reveal which epistemic norms we have consented to be under, and that (b) it is because we have consented to be under the authority of these norms – by actually holding ourselves and others accountable to them – that they in turn have normative authority over us. By connecting the authority of epistemic norms to the authority we have over ourselves in this way, the resulting account of doxastic justification (i) explains why it can be appropriate to criticize, resent, or sanction someone for having unjustified beliefs, (ii) avoids the phenomena of normative alienation and normative parochialism, and (iii) respects the social and collective nature of epistemic justification. (shrink)

It is common for people to be sensitive to aesthetic qualities in one another’s speech. We allow the loveliness or unloveliness of a person’s voice to make impressions on us. What is more, it is also common to allow those aesthetic impressions to affect how we are inclined to feel about the speaker. We form attitudes of liking, trusting, disliking or distrusting partly in virtue of the aesthetic qualities of a person’s speech. In this paper I ask whether such attitudes (...) could ever be legitimate. This is a microcosm of the broader issue of whether people’s aesthetic qualities in general can justify the interpersonal valuing-attitudes that they so often cause. I draw from recent discussions of body aesthetics to articulate a pair of challenges. One challenge says that aesthetic judgements of speech are reliant on unjustifiable prejudices. The other holds that a person’s aesthetic qualities are irrelevant to whether they should be liked. Against these challenges I argue that some speech can bear aesthetic qualities which are not reliant on prejudice and which are relevant to whether the speaker should be liked. I develop this argument through an analysis of the concept of lyricism. (shrink)

This article analyses the moral status of racial profiling from a consequentialist perspective and argues that, contrary to what proponents of racial profiling might assume, there is a prima facie case against racial profiling on consequentialist grounds. To do so it establishes general definitions of police practices and profiling, sketches out the costs and benefits involved in racial profiling in particular and presents three challenges. The foundation challenge suggests that the shifting of burdens onto marginalized minorities may, even when (...) profiling itself is justified, serve to prolong unjustified police practices. The valuation challenge argues that although both costs and benefits are difficult to establish, the benefits of racial profiling are afflicted with greater uncertainty than the costs, and must be comparatively discounted. Finally, the application challenge argues that using racial profiling in practice will be complicated by both cognitive and psychological biases, which together reduce the effectiveness of profiling while still incurring its costs. Jointly, it is concluded, these challenges establish a prima facie case against racial profiling, so that the real challenge consists in helping officers practice the art of the police and not see that which it is useless that they should see. (shrink)

The aim of this paper is to examine whether it is morally wrong to ban only male citizens from leaving a country in wartime, and if it is, why it is the case. Following Russia’s invasion of Ukraine, President Volodymyr Zelensky declared martial law and ordered general mobilization, at the same time prohibiting male citizens aged 18 to 60 from crossing the border. The justifiability of the ban is in dispute, and opponents have made a case in both (...) legal and moral dimensions. In the moral dimension, there are arguments based on consequentialism, individual freedom, and fairness or non-discrimination. In this paper, I focus on the third argument and argue that the ban unfairly and morally wrongfully discriminates against male Ukraine citizens on the basis of their gender. First, I define discrimination and apply it to our case. Second, moving from the descriptive definition of discrimination to its moral wrongness, I argue that the male-only ban is unfair and morally unjustified. Third, I argue that the ban can also be deemed morally wrong from one of the prominent views in the field of the ethics of discrimination, namely the deliberative freedom view. (shrink)

The position of some environmental ethicists that some non-humans have intrinsic value as a mind-independent property is seriously flawed. This is because human beings lack any evidence for this position and hence are unjustified in holding it. For any possible world that is alleged to have this kind of intrinsic value, it is possible to conceive an observationally identical world that lacks intrinsic value. Hence, one is not justified in inferring the intrinsic value of some non-human from (...) any set of observable properties, since that same set of properties could just as well exist in a world that lacks intrinsic value. However, since human beings do not have a faculty of intuition that would allow them to .. (shrink)

This paper investigates the possibilities of ordinary people to estabish a moral authority in a subclass of everyday scenarios in the public domain that are characterised by an underdetermination of the obtaining norms and regulations. The paper offers a strategy based on hospitality to challenge the all too common practice of ignoring one’s responsibility as a moral agent and to hide in one’s shell, hoping that others (police power!) will solve one’s problem. The paper begins with a description of a (...) few scenarios in which it is less or more complicated for people to intervene as authorities. The tendency in such scenarios to retreat from one’s responsibility is analysed in terms of a distinction between power and authority, the latter enabling interventions based on a framework of justifying reasons. It is argued that a lack of confidence in the availability of such a framework of justifying reasons might explain the popularity of the current defensive tendency, especially against the background belief that interventions based on power are by default unjustified. An analysis is provided of trust as an attitude that complements authority. No authority, and no framework of justifying reasons, without trust. But a crucial feature of trust is the courage to accept one’s own vulnerability. This insight is used as the stepping stone for the alternative stategey based on hospitality. A sketch is provided of how this might work, involving five steps, the crucial ones being (1) an invitation to the other people in the scenario to compose a plural subject and (2) an offer to take up the responsibility to host this plural subject acknowledging one’s vulnerabilty to the independence of one’s guests. (shrink)

I argue that there is nothing in Kant’s moral theory that legitimates condemnation of same-sex relations and that the arguments from natural ends Kant relies on in doing so are unjustified by the constraints placed upon morality to avoid the empirical determination of judgments. In order to make clear why same-sex activity does not contradict the requirements of the moral law, we need to understand Kant’s account of legitimate sexual activity. I provide this reconstruction in the first section, (...) drawing upon the Lectures on Ethics and Metaphysics of Morals. In the second section, I critique the first kind of argument that grounds Kant’s assessment, that from natural ends. I show how it is based upon underlying teleological premises and raise doubts concerning Kant’s reliance on “regulative ideas” in making a consistent ethical theory. In the third section, I argue that same-sex activity that conforms to the conditions of the moral law, especially given the concepts of consent and reciprocity, are in conformity with Kant’s formal requirement of the law of pure practical reason, and therefore cannot justifiably be condemned on those grounds. Finally, I conclude with some discussion about Rawls and political liberalism. I hope to show how the present Kantian revival in ethical theory can place itself in opposition to the conservative and homophobic hysteria surrounding debates on political and legal issues such as same-sex “marriage.”. (shrink)

This paper makes two essential claims about the nature of shame and shame punishment. I argue that, if we properly understand the nature of shame, that it is sometimes justifiable to shame others in the context of a pluralistic multicultural society. I begin by assessing the accounts of shame provided by Cheshire Calhoun (2004) and Julien Deonna, Raffaele Rodogno, & Fabrice Teroni (2012). I argue that both views have problems. I defend a theory of shame and embarrassment that connects both (...) emotions to “whole-self” properties. Shame and embarrassment, I claim, are products of the same underlying emotion. I distinguish between moralized and nonmoralized shame in order to show when, and how, moral and non-moral shame may be justly deployed. Shame is appropriate, I argue, if and only if it targets malleable moral or non-moral normative imperfections of a person’s ‘whole-self.’ Shame is unjustifiable when it targets durable aspects of a person’s “whole-self.” I conclude by distinguishing shame punishments from guilt punishments and show that my account can explain why it is wrong to shame individuals on account of their race, sex, gender, or body while permitting us to sometimes levy shame and shame punishment against others, even those otherwise immune to moral reasons. (shrink)

I discuss the second of the three theses advanced by Anscombe in ‘Modern Moral Philosophy’. The focus is the nature of entities to which – if Anscombe’s diagnosis is correct – ought and cognate modals are assumed by modern moral philosophers to refer. I reconstruct the alternative account offered by Anscombe of viable and justified ‘Aristotelian’ modals – as contrasted with mysterious and unjustified ‘Kantian’ modals; I discuss the nature and status of ‘Aristotelian necessity’ to which such legitimate (...) modals refer to. I conclude with the claims that Anscombe’s account of modern moral philosophy is viciously parochial, reducing it to Oxford philosophy from the Thirties and Forties and its immediate antecedents; that her historical reconstruction is vitiated by lack of awareness of the existence of law-views of morality preceding Christian theology, artful anticipation of secularization in order to fit her picture of modern moral philosophy as the ‘day after’ of Christianity; that Aquinas’s and her own view of natural morality as made of rational moral judgments laws is incompatible with both her predilection for ‘divine law’ instead of plain down-to-earth ‘natural law’; that her strained reconstruction of a Christian-Jewish-Stoic view of morality as law promulgated by God has little to share with any reconstruction of the Biblical moral traditions meeting academic standard and in more detail there is no possible translation of Torah as Law; and that her criticism hits just targets from the old little British world she was familiar with, while leaving Kantian ethics unaffected. -/- . (shrink)

An argument for the rationality of religious belief in the existence of God is defended. After reviewing three preconditions for rational belief, I show reasons to privilege the criterion of consistency. Taking the inconsistency of the religious belief in God and the belief in the scientific world picture as the impediment to a rational belief in God, I propose that we can overcome this objection by assuming, firstly, that God is a universal class. This allows us to put the problem (...) of God in set-theoretic terms, such that the antinomy that follows from such an assumption can be overcome by assuming that God is not a subject but a strict class that cannot be individuated. I conclude that that the self-contradictory nature of God does not prevent the believer from making a rational, ethical assessment that the contradiction resides in the possibility of using language to explain his existence, but that this does not make belief in the existence of God unjustifiable – on the contrary. In this way, we can say statements that claim God exists are justifiable. (shrink)

Anti-war pacifism eschews modern war as a means of attaining peace. It holds war to be not only evil and supremely harmful, but also, on balance, morally wrong. But what about force short of war? The aim of this paper is to analyse targeted killing, a specific form of force short of war, from an anti-war pacifist perspective, or, more specifically, from two related but distinct pacifist perspectives: conditional and contingent. Conditional pacifism deems war to be unjustified (...) if the condition that innocent persons are killed in war is satisfied. Since this condition is always fulfilled, conditional pacifism implies the impermissibility of modern war. Contingent pacifism concedes that war would be morally acceptable if its harms were sufficiently outweighed by its benefits, but maintains that no (or very few) wars meet this criterion. The empirical reality of war is such that it cannot be justified, because it harms too many innocents in proportion to the harm it prevents. Pacifists’ treatment of targeted killing short of war should thus concentrate on the harm it does to innocents. Conditional pacifists should focus on whether targeted killing kills innocents, while contingent pacifists should focus on whether the harm it does to innocents is disproportionate to its benefits. (shrink)

I argue that beliefs based on irresponsibly formed experiences — whose causes were not appropriately regulated by the subject — are doxastically unjustified. Only this position, I claim, accounts for the higher epistemic standard required of perceptual experts. Section I defends this standard and applies it to a pair of cases in which either an expert umpire or a complete novice judge a force play in baseball. I argue that when the latter, but not the former, fails to follow (...) rules about perceiving force plays, their resulting belief is justified. Section II shows that this difference can be explained by the fact that the novice, but not the expert, formed her experience responsibly. Section III shows that alternative explanations of the expert’s unjustified belief — from defeat, reliability, and inference — fail. Section IV shows that the epistemic relevance of responsible experience formation has broad implications for the epistemology of perceptual beliefs. (shrink)

This paper explores whether terrorist violence could be morally justified or excused. It defends the absolute immunity of innocent people against those who might want to sacrifice them for other goals. The defense is based on recognizing people’s stringent natural duty of nonmaleficence, which entails an obligation on moral agents to refrain from intentionally bringing about harm or significant risk of it to the innocent. The paper is divided into two parts. The first part distinguishes between unconditional and (...) conditional critics’ arguments regarding the use of terrorist violence, and between a narrow and a broad definition of terrorism. While unconditional critics accept the narrow definition or one akin to it because they equate terrorism with murder, conditional critics accept the broad definition or one akin to it because they attempt to justify or excuse the use of terrorism based, e.g., on an analogy with a just war approach, consequentialism, moral relativism, supreme emergency or last resort. Exception is taken with the latter arguments since they attempt to justify or excuse morally unjustifiable and inexcusable actions such as the deliberate use of violence against the innocent. The second part explores plausible conditional critics’ reasons for justifying or excusing the 9/11/01 attacks and find them wanting. If the argument works, then, with minor modifications, it could also apply to the 3/11/04 attacks in Madrid, the 7/7/05 attacks in London, and similar attacks elsewhere. (shrink)

I intend to: a) clarify the origins and de facto meanings of the term relativism; b) reconstruct the reasons for the birth of the thesis named “cultural relativism”; d) reconstruct ethical implications of the above thesis; c) revisit the recent discussion between universalists and particularists in the light of the idea of cultural relativism.. -/- 1.Prescriptive Moral Relativism: “everybody is justified in acting in the way imposed by criteria accepted by the group he belongs to”. Universalism: there are at (...) least some judgments which are valid inter-culturally Absolutism: there are at least some particular prescriptions which are valid without exception everywhere and always -/- 2. The traditional proof of prescriptive moral relativism: the argument from variability: Judgments, rules, and shared values are de facto variable in time and space. The traditional counter-proof: examples of variability do not prove what skeptics contend. -/- 3. Pre-history of the doctrine -Ancient sophists: either immoralist or contractualist -Modern moral scepticism (xvii c.): variability as an historical and ethnographic fact supports a sceptical conclusion more moderate than sheer immoralism. - Voltaire, Kant, Reid counter-attack pointing at a universally shared moral sense - Romantics and idealists stage an even more moderate reformulation: instead of universally shared moral sense they point at the Spirit of a People which is: a)alternative to abstract and universal philosophical systems as far as it is lived ‘culture’; b) indivisible unity with an inner harmony and a source of normative standards; c) dynamic, in so far as it is a manifestation of the Spirit through the becoming of National cultures. -/- 4. The birth of Cultural Relativism and its ethical implications 4.1. The 18th c. doctrine was the noble savage (a non-historical doctrine: state of nature vs. social state) 4.2 Edward Tylor (1832-1817) and ethnocentric historicism Savage moral standards are real enough, but they are far and weaker than ours. 4.3 Boas and Malinowski and an holistic reaction to ethnocentric historicism -/- Franz Boas (1858-1942): a) Development of civilizations is not ruled by technical progress nor does it follow a one-way path; instead there are parallel developments (for ex. Agriculture does not follow stock-raising); b) racial characters have no relevance in development of civilization; c) we are not yet in a position to compare externally identical kinds of behaviour till we have not yet understood beliefs and intentions laying at their roots (for ex.: “From an ethnological point of view murder cannot be considered as a single phenomenon”; d) we should distinguish among different practices which are only superficially similar (fro ex. practices traditionally classified under the label “tabù”); e) there is as a fact just one normative ethic, constant in its contents but varying in its extension; f) the implication is not that we cannot judge behavior by members of other groups; it is only a recommendation of caution. -/- Bronislaw Malinowski (1884-1942): a) against Tylor’s and Frazer’s “magpie” methodology, field-work is required, a culture as a whole should be observed from inside; individual elements are incomprehensible; b) a culture is an organic whole; c) its elements are accounted for by their function (economy), avoiding non-observables (empio-criticism). -/- Ruth Benedict and Melville Herskovitz identify Boas’s approach with “cultural relativism”. Benedict: what is normal and abnormal is to be judged on a culture’s own standards, not on our own (“Anthropology and the Abnormal”). Herskovits: “Boas adumbrates what we have come to call cultural relativism” (The Mind, p. 10); “Judgements are based on experience, and experience is interpreted by each individual in terms of his own enculturation” (Man and his Works). -/- 4. How analytic philosophy understood and misunderstood the discussion 4.1. At the beginning of the 20th c., the new view in ethics was non-cognitivism (emotivist and subjectivist). Eric Westermark combines this view with an old-style ethnographic approach in support of relativity of moralities. Moralities are codes, or systems of emotive ‘disinterested’ reactions selected by evolution on their usefulness in terms of survival value for the society that is the carrier of such systems or codes. The moral relativity thesis: there are cases of disagreement that cannot be settled even after agreement about facts. 4.2 Anti-realists Brandt, Mackie, Gilbert, Harman adopt Westermark’s approach in a more sophisticated version: a) moralities are codes with an overall function and may be appraised only as wholes; b) variability is an argument for moral subjectivism; c) apparent legitimacy of deriving shift from ought is legitimized only within one institution d) morality should not be described but instead made, and existing moralities may be improved. Is it ‘real’ relativism? It is clearly subjectivism (a metaethical thesis). The normative thesis is that there better and worse codes, and survival values is the normative standard. -/- 4.3 Particularists MacIntyre, Sandel, Taylor, Wiggins, McDowell ‘Wittgensteinian’ prospectivist arguments bent to support weak-relativist claims MacIntyre: there is ‘incommensurability’ between different theoretical systems in both science and ethics. No argument is possible through different systems Different traditions may coexist for a long time without being able to bring their conflicts to a rational solution. -/- 4.4 Kantian universalists Baier, Gewirth, Rawls, Apel, Habermas Shared claim: justice concerns the right and is universal in so far as it may be based on minimal assumptions Other virtues are relative to context in so far as they are related to comprehensive views of the good - O’Neill criticism: a) it is an assumption shared by both alignments; b) after an alleged crisis brought about by alleged loss of metaphysical certainties, theories of justice have dropped demanding assumptions and kept universalism, virtue theories have kept demanding assumptions and dropped universalism; c) the opposition of virtue and justice has arisen in an unjustified way. O’Neill’s positive proposal: ‘constructive’ procedures may be adopted both (i) concerning all the range of virtues and (ii) across cultures once we abandon idealization and confine ourselves to abstraction from real-world cases. -/- 4.5 A metaethical relativist and anti-relativist normative ethicists: Bernard Williams Williams: vulgar relativism may be assumed to claim that: a) 'just' means 'just in a given society'; b) 'just in a given society' is to be understood in functionalist sense; c) it is wrong for one society’s members to condemn another society’s values. It is inconsistent since in (c) uses ‘just’ in a non-relative way that has been excluded in (a). William’s positive proposal: i) keep a number of substantive or thick ethical concepts that will be different in space and time; ii) admit that public choices are to be legitimized through recourse to more abstract procedures and relying on more thin ethical concepts. -/- 5. Critical remarks 5.1 The only real relativism available is ‘vulgar’ relativism (Westermark?) 5.2. Descriptive universalism (or absolutism) has a long pedigree, from Cicero on, reaching Boas himself but it is useless as an answer to normative questions 5.3. Twentieth-century philosophical discussion seems to discuss an ad hoc doctrine reconstructed by assembling obsolete philosophical ideas but ignoring the real theory of cultural relativism as formulated by anthropologists. -/- 6. A distinction between ethoi and ethical theories as a way out of confusions a)There are systems of conventions de facto existing. These may be studies from outside as phenomena or facts. b)There is moral argument and this, when studies from outside, is a fact, but this does not influence in any degree the possible validity of claims advanced. c) the difference between the above claims and Mackie’s criticism to Searle’s argument of the promising game is that promises, arguments etc. are also phenomena, but they are also communicative phenomena with a logical and pragmatic structure. -/- 7.Conclusions: a) cultural relativism, as a name for Boas’s methodology is a valuable discovery, and in this sense we are all relativists; b) ethical relativism, as an alleged implication of cultural relativism, has been argued in a philosophically quite unsophisticated way by Benedict and Herskovits; philosophers apparently discussed ethical relativism in the basis of a rather faint impression of what cultural relativism had been. c) a full-fledged ethical relativism has hardly been defended by anybody among philosophers; virtually no modern philosopher really argued a prescriptive version of the thesis; d) we may accept the grain of truth in ethical relativism by including relativist critique to ethical absolutism into a universalist normative doctrine that be careful in separating open-textured formulations of universal claims from culturally conditioned particular prescriptions. -/- . 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Up to a certain age, young people are denied the right to vote. In this paper, it is argued that this general exclusion from democratic participation is unjustified and should be abandoned. After a short survey of some of the pedagogic, legal, and political arguments that have been brought forward to support a liberalisation of electoral law in favour of children, the essay presents a basic moral argument against any age limit with respect to voting rights. First of (...) all, it is argued that the right to vote is grounded in a fundamental claim of human beings to equal participation and, therefore, can be denied only for severe and cogent reasons. Subsequently, the essay purports to establish – and defends against objections – that there are no such reasons that sufficiently justify an age limit. The paper concludes with some remarks on practical consequences of the argument. (shrink)

The constitutions of many nations have been explicitly or implicitly founded upon principles of the social contract derived from Thomas Hobbes. The Hobbesian egoism at the base of the contract fairly accurately represents the structure of market enterprise. A contractarian analysis may, then, allow for justified or rationally acceptable universal standards to which businesses should conform. This paper proposes general rational restrictions upon multi-national enterprises, and includes a critique of unjustified restrictions recently proposed by the Organization for (...) Economic Cooperation and Development (OECD). I propose restrictions that may be tighter than the OECD and international law currently demand, because reason requires that the activities of enterprises accord with standards of environmental and governmental sustainability in addition to consortium, national law and international law agreements. I argue that it is justifiable that indictments may be presented by a citizen or a government against the local arm of a multinational enterprise in response to violations committed by an arm within a different country. (shrink)

I shall argue that in some wars both sides are (as a collective) justified, that is, they can both satisfy valid jus ad bellum requirements. Moreover, in some wars – but not in all – the individual soldiers on the unjustified side (that is, on the side without jus ad bellum) may nevertheless kill soldiers (and also civilians as a side-effect) on the justified side, even if the enemy soldiers always abide by jus in bello constraints. Traditional (...) just war theory and self-proclaimed “revisionist” just war theory think otherwise since the former focuses on the law enforcement or public authority justification for inflicting harm and the latter on the self-defense justification. These are both intrinsically asymmetrical justifications: there is no justified self-defense (properly understood) against justified self-defense, nor is there justified law-enforcement against justified law-enforcement. However, there can, as I will show, be justified self-defense against force that is justified by a necessity justification, and there can be force justified by a necessity justification being used against force that is also justified by a necessity justification. The necessity justification is not intrinsically asymmetrical, and it is an indispensable justification in the context of war. Moreover, with regard to some forms of inflicting harm on others one may give special weight to one’s own interests and the interests of those to whom one has special responsibilities when assessing the proportionality of those acts. That is, the proportionality calculation may be agent-relative. This is in particular so in the case of foreseeably preventing innocent and non-threatening people from being saved (for instance, by shooting down a tactical bomber who would have saved them by destroying an ammunitions factory) but less so in the case of the intentional or foreseeable direct harming of innocent and non-threatening people (dropping bombs on people standing near an ammunitions factory). In the light of these considerations, I will then answer the question as to when soldiers may justifiably participate in war (and when not). (shrink)

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)

In this paper, I examine the ethics of nonviolent protest when a violent response is either foreseen or intended. One central concern is whether protesters, who foresee a violent response but persist, are provoking the violence and whether they are culpable for any eventual harms. A second concern is whether it is permissible to publicize the violent response for political advantage. I begin by distinguishing between two senses of the term provoke: a normative sense where a provocateur knowingly imposes an (...) unjustified risk of a violent response, and a descriptive sense where the respondent feels provoked. I argue that, when the risk of a violent response is justified, the protesters are not provocateurs but akin to nonculpable, entrapping agents who create an opportunity for the regime to respond with disproportionate violence. The regime’s response can disclose its brutality or criminality and this can be fairly publicized for political advantage. When nonviolent protesters create an unjustified risk of violence either because the injustice they oppose is insufficient to justify the risk of a violent response or because the risked harms are disproportionate with the likely political advantages derived from the protest, they are partially culpable provocateurs. However, I argue these partially culpable provocateurs can still permissibly publicize the disproportionate violence of the regime so as to shape public opinion. (shrink)

What one is ultimately interested in with regard to ‘just cause’ is whether a specific war, actual or potential, is justified. I call this ‘the applied question’. Answering this question requires knowing the empirical facts on the ground. However, an answer to the applied question regarding a specific war requires a prior answer to some more general questions, both descriptive and normative. These questions are: What kind of thing is a ‘just cause’ for war (an aim, an injury or (...) wrong suffered, or something different altogether)? I call this ‘the formal question’. Then there is what I call the ‘the general substantive question’. Depending on the previous answer to the formal question, the general substantive question can be formulated as: ‘Which causes are just?’ or as ‘Under what conditions is there a just cause?’ A final question, which has recently elicited increased interest, is what I call ‘the question of timing’: does the ‘just cause’ criterion only apply to the initiation of a war or also to the continuation of a war, that is, can a war that had a just cause at the beginning lose it at some point in its course (and vice versa)? I argue that a just cause is a state of affairs. Moreover, the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied; and this account has certain theoretical and practical advantages. As regards the general substantive question, I argue that all kinds of aims can, in principle, be legitimately pursued by means of war, even aims that might sound dubious at first, like vengeance or the search for glory. Thus, the pursuit of such aims does not make the war disproportionate or deprive it of just cause. As regards the question of timing, I argue that the criteria of jus ad bellum apply throughout the war, not only at the point of its initiation. While starting a war at t1 might be justified, continuing it at time t2 might be unjustified (and vice versa), and this insight does not require an addition to jus ad bellum but is already contained in it. (shrink)

While many of us would not want to abandon the requirement that a defendant can only be found guilty of a serious criminal offence by a unanimous jury, we should not expect epistemology to give us the resources we need for justifying this requirement. The doubts that might prevent jurors from reaching unanimity do not show that, say, the BARD standard has not been met. Even if it were true, as some have suggested, that rationality requires that a jury (...) composed of epistemic peers should coalesce around one view about the defendant’s guilt, the failure to reach unanimity might be a good reason to worry about the epistemic failings of some small number of jurors but no reason to worry that we’ve failed to protect the defendant from an unjustified imposition of, say, the risk against wrongful conviction. The arguments for the unanimity requirement will need to come from outside of epistemology. (shrink)

It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5%of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’ s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings (...) this version of Scanlonian contractualism to bear on the question of whether the death penalty, life imprisonment, long sentences, or shorter sentences can be justified, given that there is a non-negligible rate of erroneous conviction. Contractualism holds that a permissible act must be justifiable to everyone affected by it. Yet, given the non-negligible rate of erroneous conviction, it is unjustifiable to mete out the death penalty, because such a punishment is not justifiable to innocent murder convicts. It is further argued that life imprisonment will probably not be justified (unless lowering the sentence to a long sentence will drastically increase the murder rate). However, whether this line of argument could be further extended would depend on the impact of lowering sentences on communal security. (shrink)