This article reconsiders Hannah Arendt’s account of “totalitarianism” in light of the climate catastrophe and the apparent inability of our political-economic system to respond to it adequately. In the last two chapters of The Origins of Totalitarianism, Arendt focuses on the “ideology” of totalitarian regimes: a pathological denial of reality, a privileging of the ideological system over empirical evidence, and a simultaneous feeling of total impotence and total omnipotence—an analysis that maps remarkably well onto the climate zeitgeist. Thus, while Arendt (...) used the concept of “totalitarianism” to foreclose alternatives to liberal capitalist democracy, the climate impasse suggests that the totalitarian label more properly belongs to the prevailing system itself. (shrink)

ABSTRACT Co-parents who differ in their ideal child rearing policies should compromise, argues Marcus William Hunt. Josh Milburn and Carlo Alvaro dispute this when it comes to veganism. Milburn argues that veganism is a matter of justice and that to compromise over justice is (typically) impermissible. I suggest that compromise over justice is often permissible, and that compromise over justice may be required by justice itself. Alvaro offers aesthetic, gustatory, and virtue-based arguments for ethical veganism, showing that veganism involves (...) sensibilities and virtues, and argues that veganism involves a belief. Alvaro takes this to show that parental compromise is impermissible. I suggest that Alvaro’s arguments are implausible and that the shaping of a child’s sensibilities and virtues is an apt matter for parental compromise. (shrink)

Accounts of scientific explanation disagree about what’s required for a cause, law, or other fact to be a reason why an event occurs. In short, they disagree about the conditions for explanatory relevance. Nonetheless, most accounts presuppose that claims about explanatory relevance play a descriptive role in tracking reality. By rejecting the need for this descriptivist assumption, I develop an expressivist account of explanatory relevance and explanation: to judge that an answer is explanatory is to express an attitude of _being (...) for being satisfied by that answer_. I show how expressivism vindicates ordinary scientific discourse about explanation, including claims about the objectivity and mind-independence of explanations. By avoiding commitment to ontic relevance relations, I rehabilitate an irrealist conception of explanation. (shrink)

I claim that there is pro tanto moral reason for parents to not raise their child on a vegan diet because a vegan diet bears a risk of harm to both the physical and the social well-being of children. After giving the empirical evidence from nutrition science and sociology that supports this claim, I turn to the question of how vegan parents should take this moral reason into account. Since many different moral frameworks have been used to argue for veganism, (...) this is a complex question. I suggest that, on some of these moral frameworks, the moral reason that some parents have for not raising their child on a vegan diet on account of this risk is plausibly as strong as the reason they have for raising their child on a vegan diet. In other words, the moral reason I outline is weighty enough to justify some vegan parents in plausibly finding it permissible to not raise their child on a vegan diet. (shrink)

I examine how co-parents should handle differing commitments about how to raise their child. Via thought experiment and the examination of our practices and affective reactions, I argue for a thesis about the locus of parental authority: that parental authority is invested in full in each individual parent, meaning that that the command of one parent is sufficient to bind the child to act in obedience. If this full-authority thesis is true, then for co-parents to command different things would be (...) for them to contest one another’s authority. The only course that respects the authority of both parents is for co-parents to agree to command the same thing. Further, what is commanded must not result from a ‘capitulation’ by one co-parent, rather, it should result from a compromise. Parental authority involves a duty to deliberate about which commands it is best to give the child. If a command results from a capitulation, one parent will rightly think of themselves as not having fulfilled their parental duty. Parental compromises are not best understood as bargains or conflicts, but by the metaphor of gifts given by each parent out of respect for the other’s authority. (shrink)

Sexual lust – understood as a feeling of sexual attraction towards another – has traditionally been viewed as a sort of desire or at least as an appetite akin to hunger. I argue here that this view is, at best, significantly incomplete. Further insights can be gained into certain occurrences of lust by noticing how strongly they resemble occurrences of “attitudinal” (“object-directed”) emotion. At least in humans, the analogy between the object-directed appetites and attitudinal emotions goes well beyond their psychological (...) structure to include similar ways in which their occurrence can be introspectively recognized, resulting in similar extensions of their functionality and meaningfulness to the subject. I conclude that although further research is needed, given the strength of the analogy, the ability of lust to satisfy some general requirements for being an emotion, and perhaps certain neurological findings, lust may somewhat uniquely straddle the line between appetite and emotion. (shrink)

In this essay, I attempt to measure various prevailing democratic theories against an argument that Carl Schmitt advances in the first chapter of his ‘Crisis of Parliamentary Democracy’. In practice, he claims there, democratic politics is compelled to introduce a distinction between ‘the will of the people’ and the behaviour of the empirical people, thus justifying the bracketing and unlimited suspension of the latter in the name of the former, even to the point of dictatorship. I argue that no contemporary (...) approach to democracy as a fundamental value is able to mount a compelling response to this critique and that we should therefore reconsider the status of democracy as a normative commitment. I proceed by carefully and closely reading Schmitt’s chapter and then by juxtaposing various currents of democratic theory (including liberal, deliberative, epistemic and various hybrids thereof) with the trajectory of Schmitt’s argument. This essay is therefore less of a contribution to Schmitt scholarship, in the sense that it does not take a panoramic view of his corpus to determine his final stance on democracy, and more of an intervention into contemporary democratic theory using Schmitt’s argument as a kind of lever. (shrink)

The principle of alternate possibilities (PAP), making the ability to do otherwise a necessary condition for moral responsibility, is supposed by Harry Frankfurt, John Fischer, and others to succumb to a peculiar kind of counterexample. The paper reviews the main problems with the counterexample that have surfaced over the years, and shows how most can be addressed within the terms of the current debate. But one problem seems ineliminable: because Frankfurt''s example relies on a counterfactual intervener to preclude alternatives to (...) the person''s action, it is not possible for it to preclude all alternatives (intervention that is contingent upon a trigger cannot bring it about that the trigger never occurred). This makes it possible for the determined PAPist to maintain that some pre-intervention deviation is always available to ground moral responsibility. In reply, the critic of PAP can examine all the candidate deviations and argue their irrelevance to moral responsibility (a daunting prospect); or the critic can dispense with counterfactual intervention altogether. The paper pursues the second of these strategies, developing three examples of noncounterfactual intervention in which (i) the agent has no alternatives (and a fortiori no morally relevant alternatives), yet (ii) there is just as much reason to think that the agent is morally responsible as there was in Frankfurt''s original example. The new counterexamples do suffer from one liability, but this is insufficient in the end to repair PAP''s conceptual connection between moral responsibility and alternate possibilities. (shrink)

Science frequently gives us multiple, compatible ways of solving the same problem or formulating the same theory. These compatible formulations change our understanding of the world, despite providing the same explanations. According to what I call "conceptualism," reformulations change our understanding by clarifying the epistemic structure of theories. I illustrate conceptualism by analyzing a typical example of symmetry-based reformulation in chemical physics. This case study poses a problem for "explanationism," the rival thesis that differences in understanding require ontic explanatory differences. (...) To defend conceptualism, I consider how prominent accounts of explanation might accommodate this case study. I argue that either they do not succeed, or they generate a skeptical challenge. (shrink)

Frankfurt cases are purported counterexamples to the Principle of Alternative Possibilities, which implies that we are not morally responsible for unavoidable actions. A major permutation of the counterexample strategy features buffered alternatives; this permutation is designed to overcome an influential defense of the Principle of Alternative Possibilities. Here we defend the buffering strategy against two recent objections, both of which stress the timing of an agent’s decision. We argue that attributions of moral responsibility aren’t time-sensitive in the way the objectors (...) suppose. We then turn to the crucial question of when an action is relevantly avoidable—when, in the parlance of the literature, an alternative possibility is robust. We call attention to two plausible tests for robustness that merit further consideration, showing that the agents in buffered Frankfurt cases don’t pass these tests, despite being morally responsible for their actions. (shrink)

Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...) derived by adhering to (limited) authority. This article examines methodologies within political philosophy for analyzing police injustice. The methodological inquiry leads to an account of how justice constrains the police through both special (or positional) moral requirements that officers assume voluntarily, as well as general moral requirements in virtue of a polity’s commitment to moral, political and legal values beyond law enforcement and crime reduction. The upshot is a conception of a police role that is constrained by justice from multiple foundational stances. (shrink)

[This paper was presented at the APA Eastern Division Conference in New York City, January 2024] -/- Can one reasonably doubt that one is voluntarily making a commitment, even when one is doing so? Given that one voluntarily makes a commitment if and only if one (personally) knows that one is doing so, the answer appears to be “No.” After all, knowing implies justifiably believing, and it seems impossible that one could (synchronically and from a single personal perspective) reasonably doubt (...) what one justifiably believes. Indeed, assuming that one reasonably doubts that P only if one has sufficient evidence to believe that not-P, traditional epistemologists may hold that such “epistemic ambivalence” entails one’s believing a contradiction, while some Bayesians should hold that it entails violating “probabilism” (the norm that credences must conform to the axioms of probability). However, I argue that in at least some cases of romantic commitment-making, such ambivalence may not only be epistemically permissible, but even required, and perhaps best dealt with pragmatically. (shrink)

Reformulating a scientific theory often leads to a significantly different way of understanding the world. Nevertheless, accounts of both theoretical equivalence and scientific understanding have neglected this important aspect of scientific theorizing. This essay provides a positive account of how reformulation changes our understanding. My account simultaneously addresses a serious challenge facing existing accounts of scientific understanding. These accounts have failed to characterize understanding in a way that goes beyond the epistemology of scientific explanation. By focusing on cases in which (...) we have differences in understanding without differences in explanation, I show that understanding does not reduce to explanation. (shrink)

In this article, I present some worries about the possible impact of global efforts to aid the needy in some of the world’s most desperate regions. Among the worries I address are possible unintended negative consequences that may occur elsewhere in a society when aid agencies hire highly qualified local people to promote their agendas; the possibility that foreign interests and priorities may have undue influence on a country’s direction and priorities, negatively impacting local authority and autonomy; and the related (...) problem of outside interventions undermining the responsiveness of local and national governments to their citizens. -/- Another issue I discuss is the possibility that efforts to aid the needy may involve an Each-We Dilemma, in which case conflicts may arise between what is individually rational or moral, and what is collectively rational or moral. Unfortunately, it is possible that if each of us does what we have most reason to do, morally, in aiding the needy, we together will bring about an outcome which is worse, morally, in terms of its overall impact on the global needy. -/- The article ends by briefly noting a number of claims and arguments that I made in my 2017 Uehiro Lectures regarding how good people should respond in a world of need. As I have long argued, I have no doubt that those who are well off are open to serious moral criticism if they ignore the plight of the needy. Unfortunately, however, for a host of both empirical and philosophical reasons, what one should do in light of that truth is much more complex, and murky, than most people have realized. (shrink)

We argue that Hamiltonian mechanics is more fundamental than Lagrangian mechanics. Our argument provides a non-metaphysical strategy for privileging one formulation of a theory over another: ceteris paribus, a more general formulation is more fundamental. We illustrate this criterion through a novel interpretation of classical mechanics, based on three physical conditions. Two of these conditions suffice for recovering Hamiltonian mechanics. A third condition is necessary for Lagrangian mechanics. Hence, Lagrangian systems are a proper subset of Hamiltonian systems. Finally, we provide (...) a geometric interpretation of the principle of stationary action and rebut arguments for privileging Lagrangian mechanics. (shrink)

The paper offers a three-premise argument that a person with first-hand experience of possession and exorcism, such as an exorcist, can have a justified belief in the existence of demons. (1) “Exorcism involves a process by which the exorcist comes to believe that testimony is offered by a demon.” Cited for (1) are the Gospels, the Roman Ritual, some modern cases of exorcism, and exorcism practices in non-Christian contexts. (2) “If defeaters are absent, the exorcist may treat as reliable the (...) process by which he comes to believe that testimony is offered by a demon.” For (2) a case is offered that we have a reliable ability to identify when testimony is being offered and when it is being offered by particular types of agents, what is termed testifier-identification. (3) “In many cases of exorcism, defeaters are absent.” An inductive case is given for (3) by responding to possible defeaters, including several suggested recently by David Kyle Johnson. Therefore, in many cases of exorcism the exorcist may treat as reliable the processes by which he comes to believe that testimony is offered by a demon, and so can have a justified belief in the existence of demons. (shrink)

This paper seeks to rehabilitate St. Augustine’s widely dismissed response to the alleged incompatibility of divine foreknowledge and free will. This requires taking a fresh look at his analysis in On Free Choice of the Will, and arguing its relevance to the current debate. Along the way, mistaken interpretations of Augustine are rebutted, his real solution is developed and defended, a reason for his not anticipating Boethius’s a temporalist solution is suggested, a favorable comparison with Ockham is made, rival solutions (...) are rejected, and the aporetic nature of the problem is explained. (shrink)

Jesse Prinz (2004) argues that emotional feelings (“state emotions”) can by themselves perceptually represent significant organism-environment relations. I object to this view mainly on the grounds that (1) it does not rule out the at least equally plausible view that emotional feelings are non-representational sensory registrations rather than perceptions, as Tyler Burge (2010) draws the distinction, and (2) perception of a relation requires perception of at least one of the relation’s relata, but an emotional feeling by itself perceives neither the (...) subject’s environment, nor in many cases the relevant subject itself. I then explore two ways in which emotional feelings as non-perceptual sensory registrations might still contribute to significant relation representation when associated with representations of the subject and/or its environment. After briefly discussing some difficulties presented by a multimodal, sensory-perceptual view of such representation, I argue in favor of a “cognitive recognition theory” that holds that significant relation instances are represented during emotion occurrences via applications of emotion-type concepts to "incoming" emotional feelings and their associated mental states. (shrink)

Can one’s belief that one romantically loves another be false? If so, under what conditions may one come to reasonably doubt, or at least suspend belief, that one does so? To begin to answer these questions, I first outline an affective/volitional view of love similar to psychologist R. J. Sternberg’s “triangular theory”, which analyzes types of love in terms of the degrees to which they include states of passion, emotion, and commitment. I then outline two sources of potential bias that (...) may cause one to believe that one romantically loves another when one does not. Partly on the basis of those potential sources of bias and partly on the basis of more specific issues, I then argue that at least to the extent that one is aware of these issues, one may reasonably doubt that one is experiencing romantic love’s emotional feelings, and one may reasonably doubt that one is making romantic love’s commitments. Finally, I order by relative dubitability the propositions that must be true about one’s passions, emotions, and commitments toward another in order for one to romantically love them. (shrink)

Constellations, Volume 28, Issue 3, Page 368-378, September 2021.

This essay considers the catastrophe of anthropogenic climate change in relation to two possible critical-theoretic dispositions. The first, represented by an emblematic passage from Adorno, retains the hope for the realization of a “rational society.” The second, represented by a complementary passage from Foucault, enjoins critical theory to abandon any ambition toward criticizing or transforming society at a totalizing level. We argue that the unfolding climate catastrophe demands a conception of critical theory more in line with the first disposition, and (...) that the relevance of the skeptical disposition is likewise seriously undermined if climate change is taken into account. (shrink)

There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...) the rule of law seems expendable—began many years after 9/11 and continues to this day. One way to describe this book is an examination of the moral limits on modern police practices that flow from the basic legal and political tenets of the liberal tradition. The central argument is that policing in liberal states is constrained by a liberal conception of persons coupled with particular rule of law principles. Part I consists of three chapters that constitute the book’s theoretical foundation, including an overview of the police’s law enforcement role in the liberal polity and a methodology for evaluating that role. Part II consists of three chapters that address applications of the theory, including the police’s use of informants, deceptive operations, and surveillance. The upshot is that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets. [This is an uncorrected draft of the book's preface and introduction, forthcoming from Oxford University Press.]. (shrink)

Policing in many parts of the world—the United States in particular—has embraced an archetypal model: a conception of the police based on the tenets of individuated archetypes, such as the heroic police “warrior” or “guardian.” Such policing has in part motivated moves to (1) a reallocative model: reallocating societal resources such that the police are no longer needed in society (defunding and abolishing) because reform strategies cannot fix the way societal problems become manifest in (archetypal) policing; and (2) an algorithmic (...) model: subsuming policing into technocratic judgements encoded in algorithms through strategies such as predictive policing (mitigating archetypal bias). This paper begins by considering the normative basis of the relationship between political community and policing. It then examines the justification of reallocative and algorithmic models in light of the relationship between political community and police. Given commitments to the depth and distribution of security—and proscriptions against dehumanizing strategies—the paper concludes that a nonideal-theory priority rule promoting respect for personhood (manifest in community and dignity-promoting policing strategies) is a necessary condition for the justification of the above models. (shrink)

Charles Mills adhered to the highest standards of philosophical scholarship, while seeing his work firmly as a contribution to the cause of social justice. He had a deep appreciation for historical context and a history of ideas approach to racial/philosophical questions. He was one of the foremost Rawls interpreters or our time, though only a few years before his passing was he so recognized. He channeled his analytic training in his habit of demonstrating how a view is strengthened when an (...) author shows how objections can be systematically replied to. I wish he had tried to integrate class and race into a larger theoretical system, of both an explanatory and normative character. Class is sometimes an unnoted presence in his explanation of white supremacy. Charles saw himself contributing to a collective scholarly social justice project and was happy to acknowledge the greater expertise of others in allied areas to his. (shrink)

ABSTRACT This article develops an Arendtian conception of resentment and shows that resentment as a response to injustice is in fact only possible within a community of persons engaged in moral and recognitive relations. While Arendt is better known for her work on forgiveness—characterized as a creative rather than vindictive response to injury—this article suggests that Arendt provides a unique way of thinking about resentment as essentially a response to another human's subjectivity. But when injury is massive, so beyond the (...) pale that the possibility of face-to-face human interaction is annihilated, the space for resentment is thereby destroyed. Ironically, while the absence of resentment might at first seem to be an unproblematically good thing, Arendt shows us that the loss of resentment actually signals the loss of the properly human realm. (shrink)

The police are routinely recognized for displaying heroic virtues associated with combat. I take a contrarian position in this paper. Part I begins with the claim that if bravery is to be prioritized in policing, then bravery should be part of the police’s routine roles and responsibilities. However, bravery is not central to what the police do every day, and, therefore, shouldn’t be prioritized (in recruiting, training, and so on). Conversely, Part II claims that if the virtue of honesty is (...) centrally connected to the police role, then it should be prioritized in policing. Because honesty is deeply connected to the police’s routine roles and responsibilities, it should be prioritized. By turning away from misconceptions about the police, the hope is that we will be in a better position to see both the practical and the moral importance of virtue in policing. (shrink)

Siblings ought to treat one another specially – in other words, siblings qua siblings ought to treat one another in ways that they need not treat others. This paper offers a theory of why this is the case. The paper begins with some intuitive judgments about how siblings ought to treat one another and some other normative features of siblinghood. I then review three potential theories of why siblings ought to treat one another specially, adapted from the literature on filial (...) piety: the gratitude theory, the friendship theory, and the special goods theory. In each case, these theories fail to explain some of the intuitive judgments about how siblings ought to treat one another. The paper then proposes a familial belonging theory. The institution of the family has certain goals, which impose normative demands on family members. I suggest that one such family goal is that every member feel familial belonging towards every other member, a goal which grounds the ways in which siblings ought to treat one another specially. (shrink)

Human subjects seem to have a type of introspective access to their mental states that allows them to immediately judge the types and intensities of their occurrent emotions, as well as what those emotions are about or “directed at”. Such judgments manifest what I call “emotion-direction beliefs”, which, if reliably produced, may constitute emotion-direction knowledge. Many psychologists have argued that the “directed emotions” such beliefs represent have a componential structure, one that includes feelings of emotional responses and related but independent (...) representations of what those feelings are about. I argue that such componentiality may help to explain how emotion-direction knowledge is achievable. I begin by developing a hybrid view of introspection that combines David Chalmers’ phenomenal realism with Alvin Goldman’s “partial redeployment” account of meta-belief content. I then provide a process-reliabilist account of introspectively gained emotion-direction knowledge that outlines the minimum conditions of reliably forming emotion-direction beliefs, and specifies several ways in which the warrant of such beliefs could be defeated by relevant counterfactual alternatives. The overall account suggests how distinct introspective processes might be epistemically synergistic. (shrink)

This book provides a comprehensive examination of the police role from within a broader philosophical context. Contending that the police are in the midst of an identity crisis that exacerbates unjustified law enforcement tactics, Luke William Hunt examines various major conceptions of the police—those seeing them as heroes, warriors, and guardians. The book looks at the police role considering the overarching societal goal of justice and seeks to present a synthetic theory that draws upon history, law, society, psychology, and (...) philosophy. Each major conception of the police role is examined in light of how it affects the pursuit of justice, and how it may be contrary to seeking justice holistically and collectively. The book sets forth a conception of the police role that is consistent with the basic values of a constitutional democracy in the liberal tradition. Hunt’s intent is that clarifying the police role will likewise elucidate any constraints upon policing strategies, including algorithmic strategies such as predictive policing. This book is essential reading for thoughtful policing and legal scholars as well as those interested in political philosophy, political theory, psychology, and related areas. Now more than ever, the nature of the police role is a philosophical topic that is relevant not just to police officials and social scientists, but to everyone. (shrink)

An ongoing debate in the philosophy of emotion concerns the relationship between two prima facie aspects of emotional states. The first is affective: felt and/or motivational. The second, which I call object-identifying, represents whatever the emotion is about or directed towards. “Componentialists” – such as R. S. Lazarus, Jesse Prinz, and Antonio Damasio – assume that an emotion’s object-identifying aspect can have the same representational content as a non-emotional state’s, and that it is psychologically separable or dissociable from the emotion’s (...) affective aspect. Some further hold that emotions have no object-identifying aspects of their own, and can properly be said to be about things only in virtue of their associations with other mental states (such as beliefs or perceptions). By contrast, “blenderists” – such as Peter Goldie, York Gunther, and Matthew Ratcliffe – insist that the two aspects are indissociable, because the affective aspect “infuses” the object-identifying aspect, altering the subject’s concept or percept of the object. As a result, an emotion’s object-identifying aspect cannot possibly have the same representational content as any non-emotional state’s. I argue that the strongest blenderist arguments fail to rule out plausible componentialist alternatives, and that the blenderists’ broader motivations are orthogonal to structural issues. (shrink)

The paper begins with a description of a grey seal performing conspecific infanticide. The paper then gives an account of “nobleness” and “brutishness.” Roughly, a behavioural-disposition is noble/brutish if it is one that would be a moral virtue/vice if the possessor of the behavioural-disposition were a moral agent. The paper then advances two pairs of axiological claims. The first pair of claims is that nobleness is good and that brutishness is bad. The second pair of claims is about an axiological (...) interaction between nobleness/brutishness and well-being. That any non-human animal lacks well-being is bad. Yet, it is worse that a noble non-human animal lacks well-being, and not so bad that a brutish non-human animal lacks well-being. Lastly, the paper discusses some potential moral implications of these axiological claims, for instance that factory farming is especially wrong because it causes noble non-human animals to lack well-being. (shrink)

This paper develops an understanding of climate denial as an expression of alienation in the sense described by Marx. We first argue for an expanded and differentiated conception of climate denial, theorizing four distinct types that go beyond the simple rejection of an anthropogenic warming trend: naturalist denialism, technological denialism, gradualist denialism, and politicized denialism. We then claim that these forms of climate denial illustrate and are illustrative of Marx’s concept of alienation from species-being (Gattungswesen). The article is intended as (...) a contribution to the growing literature on climate denial as a social and ideological problem rather than as an individual epistemic or moral issue. (shrink)

Barbara Fried described John Rawls’s response to libertarianism as “the unwritten theory of justice.” This paper argues that while there is no need for a new theory of justice to address the libertarian challenge, there is a need for an additional chapter. Taking up Fried’s suggestion that the Rawlsian response would benefit from a revised list of primary goods, I propose to add employment to the list, thus leading to adoption of a full employment principle in the original position that (...) ensures that anyone who wants to work will be able to do so. I argue that although Rawls famously proposed government as employer of last resort, he never integrated that comment into his theory, which lacks a full employment principle and says nothing about the injustice of involuntary unemployment in its ideal theory. I first refute the received view of Rawls’s treatment of employment as required by its importance for citizens’ self-respect, then show that in fact, the full employment assumption is the result of the role of general equilibrium theory in Rawls’s model of a well-ordered society, and indicate why developments in economic theory and economic policy support the proposed revision. (shrink)

Interpreting the content of the law is not limited to what a relevant lawmaker utters. This paper examines the extent to which implied and implicit content is part of the law, and specifically whether the Gricean concept of conversational implicature is relevant in determining the content of law. Recent work has focused on how this question relates to acts of legislation. This paper extends the analysis to case law and departs from the literature on several key issues. The paper's argument (...) is based upon two points: Precedent-setting judicial opinions may consist of multiple conversations, of which some entail opposing implicata, and if a particular precedent-setting judicial opinion consists of multiple conversations, of which some entail opposing implicata, then no meaningful conversational implicatum is part of the content of that particular precedent-setting opinion. Nevertheless, the paper's conclusion leaves open the prospect of gleaning something in between conversational implicature and what is literally said, namely, conversational impliciture. (shrink)

One strategy in recent discussions of theological fatalism is to draw on Harry Frankfurt’s famous counterexamples to the principle of alternate possibilities (PAP) to defend human freedom from divine foreknowledge. For those who endorse this line, “Frankfurt counterexamples” are supposed to show that PAP is false, and this conclusion is then extended to the foreknowledge case. This makes it critical to determine whether Frankfurt counterexamples perform as advertised, an issue recently debated in this journal via a pair of articles by (...) David Widerker and John Martin Fischer. I suggest that this debate can be avoided: divine foreknowledge is itself aparadigmatic counterexample to PAP, requiring no support from suspect Frankfurt counterexamples. (shrink)

Plato’s Laws include what H.L.A. Hart called the ‘classical thesis’ about the nature and role of law: the law exists to see that one leads a morally good life. This paper develops Hart’s brief remarks by providing a panorama of the classical thesis in Laws. This is done by considering two themes: (1) the extent to which Laws is paternalistic, and (2) the extent to which Laws is naturalistic. These themes are significant for a number of reasons, including because they (...) show how Laws might be viewed as a sophisticated forerunner of natural law theory. The upshot is that Plato's metaphysical commitments about legal ontology allow him to base the truth of legal propositions on the way they relate to the truth of corresponding moral propositions. (shrink)

The principle that one cannot deliberate over what one already knows is going to happen, when suitably qualified, has seemed to many philosophers to be about as secure a truth as one is likely to find in this life. Fortunately, it poses little restriction on human deliberation, since the conditions which would trigger its prohibition seldom arise for us: our knowledge of the future is intermittent at best, and those things of which we do have advance knowledge are not the (...) sorts of things over which we would deliberate in any case. But matters appear to stand otherwise with an all-knowing agent such as God is traditionally conceived to be; for what an omniprescient deity ‘already knows is going to happen’ is everything that is going to happen; and if He cannot deliberate over such things, there is nothing over which He can deliberate. (shrink)

Hobbes is known for bridging natural and political philosophy, but less attention has been given to how this distinguishes the Hobbesian conception of the self from individualist strands of liberalism. First, Hobbes’s determinism suggests a conception of the self in which externalities determine the will and what the self is at every moment. Second, there is no stable conception of the self because externalities keep it in a constant state of flux. The metaphysical underpinnings of his project downplay the notion (...) of a purely individualistic conception of the self, pointing to a positivist theory of criminology relying upon external forces. This theory is especially prescient with respect to twentieth-century variants of positivism that focus upon how social organization affects personality. In a sense, then, modern criminological theory is indebted to Hobbes’s focus upon the connections between externalities and the self; a focus that illuminates new ways of viewing responsibility and accountability. (shrink)