This paper reviews six attempts to give cooperative solutions to Prisoners Dilemmas: symmetry (agents are in identical situations, so should choose the same way, so should both choose cooperation because that’s better for each), mechanism (each agent should delegate the decision to a machine which will choose cooperation for them provided the other does likewise), inducement (the agents should make a side bet which pays off only upon both cooperating), resolution (each agent should resolve to cooperate, then act on the (...) resolution), alternative principle (rationality requires not dominance reasoning and so defecting, but constrained maximization or resolution compliance or “sophisticated” choosing, and so cooperation), and preference revision (each agent should acquire conditional preferences to cooperate, then cooperate provided the other agent has acquired similar preferences). It distinguishes one-stage from two-stage games, as well as endogenously available solutions (ones available to agents in the circumstances of the game merely due to the nature of rationality) from solutions requiring exogenous devices. It contrasts Edward McClennen’s endogenous solution, which is some combination of resolution and alternative principle solution, with David Gauthier’s endogenous alternative principle solution. It argues that all have problems, ones best solved by the endogenous preference revision solution defended by Duncan MacIntosh. (shrink)

Michael Hunter, The Boyle Papers: Understanding the Manuscripts of Robert Boyle. With contributions by Edward B. Davis, Harriet Knight, Charles Littleton and Lawrence M. Principe. Aldershot, England; Burlington, VT: Ashgate, 2007. Pp. xiii + 674. US$139.95/£70.00 HB. -/- The publication by Michael Hunter of this revised edition of the catalogue of the Boyle Papers contributes admirably to the renaissance in Boyle studies which has taken place over the past decade and a half. Robert Boyle (1627–91), arguably the most (...) influential British scientist of the late seventeenth century, was a pioneering experimenter, profound thinker, and figure-head of the new science in its early years of development. This volume brings together the materials necessary for understanding the Boyle archive, one of the most important archives from this period, which has been at the Royal Society since 1769. (shrink)

Lawrence Kohlberg's Approach to Moral Education presents what the late Lawrence Kohlberg regarded as the definitive statement of his educational theory. Addressing the sociology and social psychology of schooling, the authors propose that school culture become the center of moral education and research. They discuss how schools can develop as just and cohesive communities by involving students in democracy, and they focus on the moral decisions teachers and students face as they democratically resolve problems. As the authors put (...) it: "...we propose an educational renewal of our democratic society.... We have attempted to establish schools that do more than just teach about democratic citizenship, that are themselves democratic societies.". (shrink)

Examines the theories of Socrates, Kant, Dewey, Piaget, and others to explore the implications of Socrates' question "what is a virtuous man, and what is a virtuous school and society which educates virtuous men.".

Frege says, at the end of a discussion of formalism in the Foundations of Arithmetic, that his own foundational program “could be called formal” but is “completely different” from the view he has just criticized. This essay examines Frege’s relationship to Hermann Hankel, his main formalist interlocutor in the Foundations, in order to make sense of these claims. The investigation reveals a surprising result: Frege’s foundational program actually has quite a lot in common with Hankel’s. This undercuts Frege’s claim that (...) his own view is completely different from Hankel’s formalism, and motivates a closer examination of where the differences lie. On the interpretation offered here, Frege shares important parts of the formalist perspective, but differs in recognizing a kind of content for arithmetical terms which can only be made available via proof from prior postulates. (shrink)

Observers have noted a decline (in the US) in attributions of genetically-based inferiority (e.g. in intelligence) to Blacks, and a rise in attributions of culturally-based inferiority. Is this "culturalism" merely warmed-over racism ("cultural racism") or a genuinely distinct way of thinking about racial groups? The question raises a larger one about the relative place of biology and culture in racist thought. I develop a typology of culturalisms as applied to race: (1) inherentist or essentialist culturalism (inferiorizing cultural characteristics wrongly but (...) intelligibly regarded as inhering in the nature of racial groups). This view has an historical pedigree in the work of J.G. von Herder, and the tradition of "national racism." (2) non-inherentist culturalism (groups regarded as possessing changeable, malleable inferiorizing cultural characteristics). (3) colonalist culturalism (colonial subjects regarded as uncivilized but capable of becoming civilized under European tutelage). (4) neo-racism (cultures of former colonial subjects in or potentially immigrating to European countries are regarded in an inherentist manner and incompatible with but not inferior to European cultures). Non-inherentist culturalism (#2) can be put to either a racist or an anti-racist use. (shrink)

In this paper, I defend the agent/patient distinction against critics who argue that causal interactions are symmetrical. Specifically, I argue that there is a widespread type of causal interaction between distinct entities, resulting in a type of ontological asymmetry that provides principled grounds for distinguishing agents from patients. The type of interaction where the asymmetry is found is when one of the entities undergoes a change in kind, structure, powers, or intrinsic properties as a result of the interaction while the (...) other does not. Interactions of this type are widespread in molecular biology and chemistry. I focus specifically on (i) the actions of enzymes on substrates and (ii) water molecules breaking the bonds of polarized molecules. Finally, I respond to objections by laying out and to a limited extent defending three commitments of my account: emergent entities and powers, realism about chemical kinds or structures, and the assumption of the agent/patient distinction in functional attributions in biology. (shrink)

Since the publication of Andrews Reath's “Two Conceptions of the Highest Good in Kant” (Journal of the History of Philosophy 26:4 (1988)), most scholars have come to accept the view that Kant migrated away from an earlier “theological” version to one that is more “secular.” The purpose of this paper is to explore the roots of this interpretative trend, re-assess its merits, and then examine how the Highest Good is portrayed in Kant’s Religion within the Boundaries of Mere Reason. As (...) will be argued, it is in this text more so than any other where Kant develops his most philosophically sophisticated account of the Highest Good. Because of the central significance of Kant’s doctrine of the Highest Good for both his ethical theory and philosophy of religion, this paper therefore seeks to provide an important corrective to the current received views. (shrink)

When A utters a declarative sentence in a context to B, typically A can mean a proposition by the sentence, the sentence in context literally expresses a proposition, there are propositions A and B can agree the sentence literally expressed, and B can acquire knowledge from this testimonial exchange. In recent work on linguistic communication, each of these four platitudes has been challenged, and on the same basis: viz. on the ground that exactly which proposition the sentence expressed in context (...) is not discernible given the information provided by the context. I argue that, even if this is true, there will be propositional parts of the proposition expressed by the sentence in context which can be identified and that, consequently, the partial understanding afforded by the existence of such identifiable parts undermines the soundness of the arguments against the platitudes. (shrink)

The vast literature on negative treatment of outgroups and favoritism toward ingroups provides many local insights but is largely fragmented, lacking an overarching framework that might provide a unified overview and guide conceptual integration. As a result, it remains unclear where different local perspectives conflict, how they may reinforce one another, and where they leave gaps in our knowledge of the phenomena. Our aim is to start constructing a framework to help remedy this situation. We first identify a few key (...) ideas for creating a theoretical roadmap for this complex territory, namely the principles of etiological functionalism and the dual inheritance theory of human evolution. We show how a “molecular” approach to emotions fits into this picture, and use it to illuminate emotions that shape intergroup relations. Finally, we weave the pieces together into the beginnings of a systematic taxonomy of the emotions involved in social interactions, both hostile and friendly. While it is but a start, we have developed the argument in a way that illustrates how the foundational principles of our proposed framework can be extended to accommodate further cases. (shrink)

This chapter has two aims. First, I distinguish between two forms of testimonial injustice: identity-based testimonial injustice and content-based testimonial injustice. Second, I utilize this distinction to develop a partial explanation for the persistent lack of diverse practitioners in academic philosophy. Specifically, I argue that both identity-based and content-based testimonial injustice are prevalent in philosophical discourse and that this prevalence introduces barriers to participation for those targeted. As I show, the dual and compounding effects of identity-based and content-based testimonial injustice (...) in philosophy plausibly contribute to a lack of diversity in the social identities of practitioners and the discourses in which practitioners are engaged. (shrink)

Перевод статьи: Davies T., Chandler R. Online deliberation design: Choices, criteria, and evidence // Democracy in motion: Evaluating the practice and impact of deliberative civic engagement / Nabatchi T., Weiksner M., Gastil J., Leighninger M. (eds.). -- Oxford: Oxford univ. press, 2013. -- P. 103-131. А. Кулик. -/- Вниманию читателей предлагается обзор эмпирических исследований в области дизайна онлайн-форумов, предназначенных для вовлечения граждан в делиберацию. Размерности дизайна определены для различных характеристик делиберации: назначения, целевой аудитории, разобщенности участников в пространстве и во времени, (...) среды коммуникации и организации делиберативного процесса. После краткого обзора критериев оценки вариантов дизайна рассматриваются эмпирические данные, соотносящиеся с каждым из вариантов. Эффективность онлайн-делиберации зависит от того, насколько условия коммуникации соотносятся с заданиями делиберации. Компромиссы, как, например, между анонимным или идентифицируемым участием, предполагают различные дизайны в зависимости от цели делиберации и состава участников. Выводы исследования получены на материале существующих технологий и могут измениться по мере коэволюции технологий и пользователей. (shrink)

The scientific consensus regarding anthropogenic climate change is firmly established yet climate change denialism, a species of what I call pseudoskepticism, is on the rise in industrial nations most responsible for climate change. Such denialism suggests the need for a robust ethics of inquiry and public discourse. In this paper I argue: (1) that ethical obligations of inquiry extend to every voting citizen insofar as citizens are bound together as a political body. (2) It is morally condemnable for public officials (...) to put forward assertions contrary to scientific consensus when such consensus is decisive for public policy and legislation. (3) It is imperative upon educators, journalists, politicians and all those with greater access to the public forum to condemn, factually and ethically, pseudoskeptical assertions made in the public realm without equivocation. (shrink)

Stephen Davies taught philosophy at the University of Auckland, Auckland, New Zealand. His research specialty is the philosophy of art. He is a former President of the American Society for Aesthetics. His books include Definitions of Art (Cornell UP, 1991), Musical Meaning and Expression (Cornell UP, 1994), Musical Works and Performances (Clarendon, 2001), Themes in the Philosophy of Music (OUP, 2003), Philosophical Perspectives on Art (OUP, 2007), Musical Understandings and Other Essays on the Philosophy of Music (OUP, 2011), The Artful (...) Species: Aesthetics, Art, and Evolution (OUP, 2012), The Philosophy of Art (Wiley-Blackwell, 2016 second ed.), and Adornment: What Self-decorations Tells Us about Who We Are, (Bloomsbury Academic, 2020). (shrink)

The dispute about the role of class in understanding the life situations of people of color has tended to be overpolarized, between a class reductionism and an “it's only race” position. Class processes shape racial groups’ life situations. Race and class are also distinct axes of injustice; but class injustice informs racial injustice. Some aspects of racial injustice can be expressed only in concepts associated with class (e.g., material deprivation, inferior education). But other aspects of racial injustice or other harms, (...) such as racial discrimination or stigma, are not reducible to class concepts and cannot be fully addressed through class-focused policies. Overall, any attempt to fully secure racial justice for a racial group will require a combination of race-focused and class-focused policies. Anti-racist outlooks often neglect or downplay either the normative or the explanatory significance of class, or both—for example, by overlooking or downplaying the dignitary harms of class and the material harms of race; missing the historical dimension of class injustice; masking class by a narrowing of the complex normative structure of racial disparities; or not recognizing that a class-focused initiative (like raising the minimum wage) can address substantial racial justice concerns, even though not all of them. “Systemic racism” terminology recognizes class explanatorily but suppresses it normatively. Charles Mills's influential notion of “white supremacy,” while a powerful tool for conceptualizing and illuminating racial injustice, can also contribute to minimizing or masking the justice-related impact of class, as do some of Mills's specific discussions of class in various writings. (shrink)

Academic philosophy has a novelty problem. Novelty has become a litmus test for a contribution’s value. This results in a common undertaking for academic researchers. Read a bunch. Look for holes and gaps. Figure out what hasn’t been said. Try to insert yourself in a conversation by saying something new. On first glance, this approach might appear to make sense. If it’s not new, why do we need it? Yet a fixation on novelty sculpts a landscape of philosophical inquiry that (...) is inhospitable and self-undermining. (shrink)

Stereotypes are false or misleading generalizations about groups, generally widely shared in a society, and held in a manner resistant, but not totally, to counterevidence. Stereotypes shape the stereotyper’s perception of stereotyped groups, seeing the stereotypic characteristics when they are not present, and generally homogenizing the group. The association between the group and the given characteristic involved in a stereotype often involves a cognitive investment weaker than that of belief. The cognitive distortions involved in stereotyping lead to various forms of (...) moral distortion, to which moral philosophers have paid insufficient attention. Some of these are common to all stereotypes—failing to see members of the stereotyped groups as individuals, moral distancing, failing to see subgroup diversity within the group. Other moral distortions vary with the stereotype. Some attribute a much more damaging or stigmatizing characteristic (e.g. being violent) than others (e.g. being good at basketball). But the characteristic in question must also be viewed in its wider historical and social context to appreciate its overall negative and positive dimensions. (shrink)

It is often thought that traditional recidivism prediction tools used in criminal sentencing, though biased in many ways, can straightforwardly avoid one particularly pernicious type of bias: direct racial discrimination. They can avoid this by excluding race from the list of variables employed to predict recidivism. A similar approach could be taken to the design of newer, machine learning-based (ML) tools for predicting recidivism: information about race could be withheld from the ML tool during its training phase, ensuring that the (...) resulting predictive model does not use race as an explicit predictor. However, if race is correlated with measured recidivism in the training data, the ML tool may ‘learn’ a perfect proxy for race. If such a proxy is found, the exclusion of race would do nothing to weaken the correlation between risk (mis)classifications and race. Is this a problem? We argue that, on some explanations of the wrongness of discrimination, it is. On these explanations, the use of an ML tool that perfectly proxies race would (likely) be more wrong than the use of a traditional tool that imperfectly proxies race. Indeed, on some views, use of a perfect proxy for race is plausibly as wrong as explicit racial profiling. We end by drawing out four implications of our arguments. (shrink)

Neoliberalism is an approach to social policy, now globally influential, that applies market approaches to all aspects of social life, including education. Charter schools, privately operated but publicly funded, are its most prominent manifestation in the U.S. The neoliberal principles of competition, consumerism, and choice cannot serve as foundations of a sound and equitable public education system. Neoliberalism embraces socio-economic inequality overall and in doing so constricts any justice mission its adherents espouse in virtue of serving a relatively disadvantaged student (...) population, as charter schools often (by no means always) do. It constricts educational justice by (1) embracing a “human capital” approach as the primary good of education, (2) creating educational inequality through (unofficially) selecting a relatively advantaged segment of the disadvantaged demographic it serves, (3) denying the effect of poverty on educational performance, and (4) devaluing its students’ familial ethnic cultures. (shrink)

There is an ongoing increase in the use of mobile health technologies that patients can use to monitor health-related outcomes and behaviours. While the dominant narrative around mHealth focuses on patient empowerment, there is potential for mHealth to fit into a growing push for patients to take personal responsibility for their health. I call the first of these uses ‘medical monitoring’, and the second ‘personal health surveillance’. After outlining two problems which the use of mHealth might seem to enable us (...) to overcome—fairness of burdens and reliance on self-reporting—I note that these problems would only really be solved by unacceptably comprehensive forms of personal health surveillance which applies to all of us at all times. A more plausible model is to use personal health surveillance as a last resort for patients who would otherwise independently qualify for responsibility-based penalties. However, I note that there are still a number of ethical and practical problems that such a policy would need to overcome. The prospects of mHealth enabling a fair, genuinely cost-saving policy of patient responsibility are slim. (shrink)

Most people who defend physician-assisted death (PAD) endorse the Joint View, which holds that two conditions—autonomy and welfare—must be satisfied for PAD to be justified. In this paper, we defend an Autonomy Only view. We argue that the welfare condition is either otiose on the most plausible account of the autonomy condition, or else is implausibly restrictive, particularly once we account for the broad range of reasons patients cite for desiring PAD, such as “tired of life” cases. Moreover, many of (...) the common objections to an Autonomy Only view fail once we understand the extent of the autonomy condition’s requirements—in particular, the importance of one’s values for autonomous choices. If our view is correct, then the scope of permissible PAD is broader than is currently accepted in both the philosophical literature and the law, and therefore poses an important challenge to this widely accepted view on justified PAD. (shrink)

Nicolas Malebranche holds that we see all things in the physical world by means of ideas in God (the doctrine of "vision in God"). In some writings he seems to posit ideas of particular bodies in God, but when pressed by critics he insists that there is only one general idea of extension, which he calls “intelligible extension.” But how can this general and “pure” idea represent particular sensible objects? I develop systematic solutions to this and two other putative difficulties (...) with Malebranche’s theory of sensory cognition by appealing to the notion of “seeing as” and to his doctrine that ideas in God have causal powers to affect the mind. (shrink)

There is significant controversy over whether patients have a ‘right not to know’ information relevant to their health. Some arguments for limiting such a right appeal to potential burdens on others that a patient’s avoidable ignorance might generate. This paper develops this argument by extending it to cases where refusal of relevant information may generate greater demands on a publicly funded healthcare system. In such cases, patients may have an ‘obligation to know’. However, we cannot infer from the fact that (...) a patient has an obligation to know that she does not also have a right not to know. The right not to know is held against medical professionals at a formal institutional level. We have reason to protect patients’ control over the information that they receive, even if in individual instances patients exercise this control in ways that violate obligations. (shrink)

The orthodox monadic determination thesis holds that we represent colour relations by virtue of representing colours. Against this orthodoxy, I argue that it is possible to represent colour relations without representing any colours. I present a model of iconic perceptual content that allows for such primitive relational colour representation, and provide four empirical arguments in its support. I close by surveying alternative views of the relationship between monadic and relational colour representation.

Buddhism originated and developed in an Indian cultural context that featured many first-person practices for producing and exploring states of consciousness through the systematic training of attention. In contrast, the dominant methods of investigating the mind in Western cognitive science have emphasized third-person observation of the brain and behavior. In this chapter, we explore how these two different projects might prove mutually beneficial. We lay the groundwork for a cross-cultural cognitive science by using one traditional Buddhist model of the mind (...) – that of the five aggregates – as a lens for examining contemporary cognitive science conceptions of consciousness. (shrink)

This article presents a semantic analysis of indirect speech reports. The analysis aims to explain a combination of two phenomena. First, there are true utterances of sentences of the form α said that φ which are used to report an utterance u of a sentence wherein φ's content is not u's content. This implies that in uttering a single sentence, one can say several things. Second, when the complements of these reports (and indeed, these reports themselves) are placed in conjunctions, (...) the conjunctions are typically infelicitous. I argue that this combination of phenomena can be explained if speech reports report (perhaps contingent) parts of the contents of the sentences reported. (shrink)

In the Fifth Meditation, Descartes makes a remarkable claim about the ontological status of geometrical figures. He asserts that an object such as a triangle has a 'true and immutable nature' that does not depend on the mind, yet has being even if there are no triangles existing in the world. This statement has led many commentators to assume that Descartes is a Platonist regarding essences and in the philosophy of mathematics. One problem with this seemingly natural reading is that (...) it contradicts the conceptualist account of universals that one finds in the Principles of Philosophy and elsewhere. In this paper, I offer a novel interpretation of the notion of a true and immutable nature which reconciles the Fifth Meditation with the conceptualism of Descartes' other work. Specifically, I argue that Descartes takes natures to be innate ideas considered in terms of their so-called 'objective being'. (shrink)

A considerable literature has emerged around the idea of using ‘personal responsibility’ as an allocation criterion in healthcare distribution, where a person's being suitably responsible for their health needs may justify additional conditions on receiving healthcare, and perhaps even limiting access entirely, sometimes known as ‘responsibilisation’. This discussion focuses most prominently, but not exclusively, on ‘luck egalitarianism’, the view that deviations from equality are justified only by suitably free choices. A superficially separate issue in distributive justice concerns the two–way relationship (...) between health and other social goods: deficits in health typically undermine one's abilities to secure advantage in other areas, which in turn often have further negative effects on health. This paper outlines the degree to which this latter relationship between health and other social goods exacerbates an existing problem for proponents of responsibilisation (the ‘harshness objection’) in ways that standard responses to this objection cannot address. Placing significant conditions on healthcare access because of a person's prior responsibility risks trapping them in, or worsening, negative cycles where poor health and associated lack of opportunity reinforce one another, making further poor yet ultimately responsible choices more likely. It ends by considering three possible solutions to this problem. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 43.1 (2005) 55-81 [Access article in PDF] Self-Knowledge in Descartes and Malebranche Lawrence Nolan John Whipple 1. Introduction Descartes's notorious claim that mind is better known than body has been the target of repeated criticisms, but none appears more challenging than that of his intellectual heir Nicolas Malebranche.1 Whereas other critics—especially twentieth-century philosophers eager to use Descartes as their whipping boy—have often (...) been uncharitable, Malebranche accepts many of the fundamental Cartesian doctrines, including mind-body dualism. But he argues that Descartes's position on knowledge of the mind is internally inconsistent. Malebranche agrees with Descartes that the existence of the mind is better known than that of body, but he vehemently denies that the nature of the mind is better known. This denial is based on his view that we lack a clear idea of the mind.2 [End Page 55]Malebranche's polemic has attracted much attention in recent scholarship.3 The growing consensus among commentators is that Malebranche develops a devastating internal critique of Descartes's theory of the mind. For example, Nicholas Jolley writes: "In his case for his negative thesis [concerning knowledge of the mind] Malebranche mounted a powerful, even annihilating, critique of Descartes. This critique embodies the remarkable insight that there is a serious muddle at the heart of Descartes's whole theory of knowledge."4 In a book-length defense of Malebranche's critique, Tad Schmaltz also emphasizes its internal character: "the interpretation here of Malebranche's theory presents it as fundamentally Cartesian, and thereby serves to reinforce his own view that he has provided an authoritative interpretation of the account of mind in the writings of Descartes and other Cartesians."5 Schmaltz also asserts: "Malebranche took his negative thesis concerning our knowledge of the soul to involve not so much a rejection of Cartesianism as an internal correction of it."6We think such remarks misstate the case. Indeed, we argue in this paper that Malebranche's polemic fails as an internal critique of Descartes's theory of the mind. Although we do not here aspire to defend Descartes's strong thesis—that mind is better known than body—we do think he can consistently maintain that we have a clear and distinct idea of the mind, and thus that our knowledge of the mind's nature is at least on a par with our knowledge of corporeal nature.7 While Malebranche's rhetoric would encourage us to think that the debate between him and his predecessor is being fought on common or neutral ground, the fact is that Malebranche often appeals to assumptions and aspects of his own theory of "Vision in God" that Descartes would reject. Once more, he interprets Descartes's theory of knowledge in ways that are misguided and sometimes even uncharitable. If Malebranche's critique succeeds at all, it succeeds only against a straw man—Malebranche's Descartes and not the historical figure.Ours is not the first effort to defend Descartes against this particular attack. When Malebranche first published his critique in Book Three of his first great work, The Search After Truth (1674),8 Descartes had been dead for over two decades, [End Page 56] but he was ably defended by the famous Cartesian Antoine Arnauld in On True and False Ideas (1683). In the ensuing debate Arnauld was clearly the superior dialectician, but while winning several tactical points, he appears not to fully appreciate the crux of Malebranche's argument, or at least that is the view of Jolley and Schmaltz.9 We have a somewhat higher opinion of Arnauld's side of the debate. Granted, some of his defenses are facile and can be easily dismissed; others however are quite compelling when properly developed. In at least one instance, we attempt to provide that development. At the same time we think it is a mistake to treat Arnauld as Descartes's surrogate or as if he had issued the final salvo from the camp of the orthodox Cartesians. Arnauld was a... (shrink)

In ‘The Pregnancy Rescue Case: why abortion is immoral’, Hendricks presents The Pregnancy Rescue Case. In this reply I argue that even if it would be better (i.e., less bad) for the abortion to be prevented in The Pregnancy Rescue Case, that does not mean that typical abortions are impermissible. I also argue that there is a possible explanation, consistent with the pro-choice view and empirically testable, as to why people would think it better for the abortion to be prevented (...) in The Pregnancy Rescue Case. (shrink)

There is a correlation between positions taken on some scientific questions and political leaning. One way to explain this correlation is the cultural cognition hypothesis (CCH): people's political leanings are causing them to process evidence to maintain fixed answers to the questions, rather than to seek the truth. Another way is the different background belief hypothesis (DBBH): people of different political leanings have different background beliefs which rationalize different positions on these scientific questions. In this article, I argue for two (...) things. I argue that two attempts by proponents of the CCH to discredit the DBBH fail. And I argue that this matters, because while the CCH makes epistemic paternalistic interventions seem called for (as some philosophers have argued compellingly), the DBBH does not. The DBBH makes it much easier to stay closer to an ideal of deliberative democracy. (shrink)

This article is a rebuttal to Robert G. Cavin and Carlos A. Colombetti’s article, “Assessing the Resurrection Hypothesis: Problems with Craig’s Inference to the Best Explanation,” which argues that the Standard Model of current particle physics entails that non-physical things (like a supernatural God or a supernaturally resurrected body) can have no causal contact with the physical universe. As such, they argue that William Lane Craig’s resurrection hypothesis is not only incompatible with the notion of Jesus physically appearing to the (...) disciples, but the resurrection hypothesis is significantly limited in both its explanatory scope and explanatory power. This article seeks to demonstrate why their use of the Standard Model does not logically entail a rejection of the physical resurrection of Jesus when considering the scope and limitations of science itself. (shrink)

The idea of using responsibility in the allocation of healthcare resources has been criticized for, among other things, too readily abandoning people who are responsible for being very badly off. One response to this problem is that while responsibility can play a role in resource allocation, it cannot do so if it will leave those who are responsible below a “sufficiency” threshold. This paper considers first whether a view can be both distinctively sufficientarian and allow responsibility to play a role (...) even for those who will be left with very poor health. It then draws several further distinctions that may affect the application of responsibility at this level. We conclude that a more plausible version of the sufficientarian view is to allow a role for responsibility where failure to do so will leave someone else who is not responsible below the sufficiency threshold. However, we suggest that individuals must exhibit “sufficient responsibility” in order for this to apply, involving both a sufficient level of control and an avoidable failure to respond adequately to reasons for action. (shrink)

Many people feel that respecting a person’s autonomy is not sufficiently important to obligate us to stay out of their affairs in all cases; but the ground for interference may often turn out to be a hunch that the agent cannot really be competent, or cannot really know what her decision implies; for if she were both of these things, surely she would not make such a foolish decision. This paper suggests a justification of paternalism that does not rely on (...) such appeals. I argue that in cases where an agent will undergo a significant alteration in their evaluative outlook – ‘evaluative shift’ – three central, persuasive objections to paternalism lose their force, and offer a prima facie case for paternalism in some of these cases. I then suggest that we can extend this argument to some cases where evaluative alteration is not predictable, but where the risk and harm are both significant. In such cases, paternalism may be justified. (shrink)

Context-sensitive expressions appear ill suited to the purpose of sharing content across contexts. Yet we regularly use them to that end (in regulations, textbooks, memos, guidelines, laws, minutes, etc.). This paper describes the utility of the concept of a metacontext for understanding cross-contextual content-sharing with context-sensitive expressions. A metacontext is the context of a group of contexts: an infrastructure that can channel non-linguistic incentives on content ascription so as to homogenize the content ascribed to context-sensitive expressions in each context in (...) the group. Documents composed of context-sensitive expressions can share content across contexts when supported by an appropriate metacontext. The bible has its church, the textbook its education system, the form its bureaucracy, and the manifesto its social movement. Some metacontexts support cross-contextual content-sharing. Some don’t. A promising research programme (one with practical importance) would take metacontexts as its unit of analysis. (shrink)

This paper argues that general skills and the varieties of subject-specific discourse are both important for teaching, learning and practising critical thinking. The former is important because it outlines the principles of good reasoning simpliciter (what constitutes sound reasoning patterns, invalid inferences, and so on). The latter is important because it outlines how the general principles are used and deployed in the service of ‘academic tribes’. Because critical thinking skills are—in part, at least—general skills, they can be applied to all (...) disciplines and subject-matter indiscriminately. General skills can help us assess reasoning independently of the vagaries of the linguistic discourse we express arguments in. The paper looks at the debate between the ‘specifists’—those who stress the importance of critical thinking understood as a subject-specific discourse—and the ‘generalists’—those that stress the importance of critical thinking understood independently of disciplinary context. The paper suggests that the ‘debate’ between the specifists and the generalists amounts to a fallacy of the false alternative, and presents a combinatory-‘infusion’ approach to critical thinking. (shrink)

Solidarity within a group facing adversity exemplifies certain human goods, some instrumental to the goal of mitigating the adversity, some non-instrumental, such as trust, loyalty, and mutual concern. Group identity, shared experience, and shared political commitments are three distinct but often-conflated bases of racial group solidarity. Solidarity groups built around political commitments include members of more than one identity group, even when the political focus is primarily on the justice-related interests of only one identity group (such as African Americans). A (...) solidarity group is more than a mere political coalition or alliance. Two other forms of political- commitment solidarity groups are ones devoted to racial justice more generally, and social justice even more generally. Racially plural political solidarity groups realize values beyond the afore-mentioned solidaristic ones, in meeting the challenges of different races working together. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...) observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

Subjectivists think that our well-being is grounded in our subjective attitudes. Many such views are vulnerable to variations on the ‘paradox of desire’, where theories cannot make determinate judgements about the well-being of agents who take a positive valuing attitude towards their life going badly. However, this paradox does not affect all subjectivist theories; theories grounded on agents’ prudential values can avoid it.This paper suggests a new paradox for subjectivist theories which has a wider scope, and includes such prudential judgement (...) theories. I outline the new paradox and show how two plausible idealisztions (coherence and consideration) will not help. Subjectivists about well-being must either add an additional idealization that can solve the paradox of judgement or explain why such paradoxes do not constitute serious objections to a theory of well-being. (shrink)

Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and ratified: (...) subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)

The Brown vs. Board of Education decision of 1954 mandated school integration. The decision also to recognize that inequalities outside the schools, of both a class- and race-based nature, prevent equality in education. Today, the most prominent argument for integration is that disadvantaged students benefit from the financial, social, and cultural “capital” of middle class families when the children attend the same schools. This argument fails to recognize that disadvantaged students contribute to advantaged students’ educational growth, and sends demeaning messages (...) to the disadvantaged students and messages of unwarranted superiority to the advantaged. Parents, teachers, and schools can adopt a justice perspective that avoids these deleterious aspects of the capital argument, and helps create a community of equals inside the integrated school. Struggles for educational justice must remain closely linked with struggles of both a class- and race-based nature for other forms of justice in the wider society. (shrink)

Frege famously held that numbers play the role of objects in our language and thought, and that this role is on display when we use sentences like "The number of Jupiter's moons is four". I argue that this role is an example of a general pattern that also encompasses persons, times, locations, reasons, causes, and ways of appearing or acting. These things are 'objects' simply in the sense that they are answers to questions: they are the sort of thing we (...) search for and specify during investigation or inquiry. I support this epistemological conception of objects by studying specificational sentences, a class of sentences which includes Frege's original example. I defend an analysis of such sentences as question-answer pairs, and show how to formally represent this analysis using game-theoretical semantics. (shrink)

What does it mean to ‘give’ the value of a variable in an algebraic context, and how does giving the value of a variable differ from merely describing it? I argue that to answer this question, we need to examine the role that giving the value of a variable plays in problem-solving practice. I argue that four different features are required for a statement to count as giving the value of a variable in the context of solving an elementary algebra (...) problem: the variable must be in the scope opened by the problem statement; the values given must be in the range of the variable, which is determined by the problem; the statement giving the values must represent a complete solution; and it must be in a canonical form. This account helps us better understand elementary algebra itself, as well as the use of algebraic tools to analyze phenomena in natural language. (shrink)