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)

Some people commonly know a proposition just in case they all know it, they all know that they all know it, they all know that they all know that they all know it, and so on. They commonly believe a proposition just in case they all believe it, they all believe that they all believe it, they all believe that they all believe that they all believe it, and so on. A long tradition in economic theory, theoretical computer science, linguistics (...) and philosophy has held that people have some approximation of common knowledge or common belief in a range of circumstances, for example, when they are looking at an object together, or when they have just discussed something explicitly in conversation. In this paper, I argue that people do not have any approximation of common knowledge or common belief in these circumstances. The argument suggests that people never have any approximation of common knowledge or common belief. (shrink)

This article presents a new interpretation of the great Ming dynasty philosopher Wang Yangming’s celebrated doctrine of the “unity of knowledge and action”. Wang held that action was not unified with all knowledge, but only with an elevated form of knowledge, which he sometimes called “genuine knowledge”. I argue for a new interpretation of this notion, according to which genuine knowledge requires freedom from a form of doxastic conflict. I propose that, in Wang’s view, a person is free from this (...) form of doxastic conflict if and only if they are acting virtuously. (shrink)

This paper studies one aspect of the great Ming dynasty philosopher Wang Yangming’s (王陽明 1472-1529) celebrated doctrine of the unity of knowledge and action (zhi xing he yi 知行合一). Wang states that his doctrine does not apply to all knowledge, but only to an elevated form of knowledge, which he sometimes calls “genuine knowledge” (zhen zhi 真知). But what is “genuine knowledge”? I develop and compare four different interpretations of this notion: the perceptual, practical, normative and introspective models. The main (...) aim of the paper is to develop these models in more detail than has been done before. But at the end of the paper I argue that the introspective model is to be preferred over the alternatives. (shrink)

The coordinated attack scenario and the electronic mail game are two paradoxes of common knowledge. In simple mathematical models of these scenarios, the agents represented by the models can coordinate only if they have common knowledge that they will. As a result, the models predict that the agents will not coordinate in situations where it would be rational to coordinate. I argue that we should resolve this conflict between the models and facts about what it would be rational to do (...) by rejecting common knowledge assumptions implicit in the models. I focus on the assumption that the agents have common knowledge that they are rational, and provide models to show that denying this assumption suffices for a resolution of the paradoxes. I describe how my resolution of the paradoxes fits into a general story about the relationship between rationality in situations involving a single agent and rationality in situations involving many agents. (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)

Robert Aumann presents his Agreement Theorem as the key conditional: “if two people have the same priors and their posteriors for an event A are common knowledge, then these posteriors are equal” (Aumann, 1976, p. 1236). This paper focuses on four assumptions which are used in Aumann’s proof but are not explicit in the key conditional: (1) that agents commonly know, of some prior μ, that it is the common prior; (2) that agents commonly know that each of them updates (...) on the prior by conditionalization; (3) that agents commonly know that if an agent knows a proposition, she knows that she knows that proposition (the “K K” principle); (4) that agents commonly know that they each update only on true propositions. It is shown that natural weakenings of any one of these strong assumptions can lead to countermodels to Aumann’s key conditional. Examples are given in which agents who have a common prior and commonly know what probability they each assign to a proposition nevertheless assign that proposition unequal probabilities. To alter Aumann’s famous slogan: people can “agree to disagree”, even if they share a common prior. The epistemological significance of these examples is presented in terms of their role in a defense of the Uniqueness Thesis: If an agent whose total evidence is E is fully rational in taking doxastic attitude D to P, then necessarily, any subject with total evidence E who takes a different attitude to P is less than fully rational. (shrink)

Are LLMs cultural technologies like photocopiers or printing presses, which transmit information but cannot create new content? A challenge for this idea, which we call bibliotechnism, is that LLMs generate novel text. We begin with a defense of bibliotechnism, showing how even novel text may inherit its meaning from original human-generated text. We then argue that bibliotechnism faces an independent challenge from examples in which LLMs generate novel reference, using new names to refer to new entities. Such examples could be (...) explained if LLMs were not cultural technologies but had beliefs, desires, and intentions. According to interpretationism in the philosophy of mind, a system has such attitudes if and only if its behavior is well explained by the hypothesis that it does. Interpretationists may hold that LLMs have attitudes, and thus have a simple solution to the novel reference problem. We emphasize, however, that interpretationism is compatible with very simple creatures having attitudes and differs sharply from views that presuppose these attitudes require onsciousness, sentience, or intelligence (topics about which we make no claims). (shrink)

I observe that the “concept-generator” theory of Percus and Sauerland (2003), Anand (2006), and Charlow and Sharvit (2014) does not predict an intuitive true interpretation of the sentence “Plato did not believe that Hesperus was Phosphorus”. In response, I present a simple theory of attitude reports which employs a fine-grained semantics for names, according to which names which intuitively name the same thing may have distinct compositional semantic values. This simple theory solves the problem with the concept-generator theory, but, as (...) I go on to show, it has problems of its own. I present three examples which the concept-generator theory can accommodate, but the simple fine-grained theory cannot. These examples motivate the full theory of the paper, which combines the basic ideas behind the concept-generator theory with a fine-grained semantics for names. The examples themselves are of interest independently of my theory: two of them constrain the original concept-generator theory more tightly than previously discussed examples had. (shrink)

I present a new puzzle about choice under uncertainty for agents whose preferences are sensitive to multiple dimensions of outcomes in such a way as to be incomplete. In response, I develop a new theory of choice under uncertainty for incomplete preferences. I connect the puzzle to central questions in epistemology about the nature of rational requirements, and ask whether it shows that preferences are rationally required to be complete.

An opinionated introduction to philosophical issues connected to common knowledge.

Politics never became a central intellectual interest of Murdoch’s, but she produced one important and visionary political essay in the ‘50’s, several popular writings on political matters, and a significant chapter in Metaphysics as a Guide to Morals that echoes throughout that book. In the 1958 “House of Theory,” she sees the welfare state as having almost entirely failed to address the deeper problems of capitalist society, including a failure to create the conditions for values she saw as central to (...) the socialist tradition—equality, absence of exploitation, meaningful work, and a sense of community. In Metaphysics as a Guide to Morals, Murdoch abandons the idea that moral ideals provide a guide to constructing a good society. She retains from her earlier work that the individual-moral domain is governed by perfectionism, but society cannot be. ‘Society must be thought of as a bad job to be made the best of’, for example, through the liberal idea of rights. Murdoch had a lifelong engagement with Marxism as a philosophy, introduced to her as a member of the Communist Party in the late ‘30’s and ‘40’s, and continuing through her subsequent long Labour period, and even when she moved to the Right in the Thatcher era. Marx and Marxism were always part of her mental universe, and she continued to work out what she agreed and disagreed with in it. (shrink)

This paper introduces the axiom of Negative Dominance, stating that if a lottery f is strictly preferred to a lottery g, then some outcome in the support of f is strictly preferred to some outcome in the support of g. It is shown that if preferences are incomplete on a sufficiently rich domain, then this plausible axiom, which holds for complete preferences, is incompatible with an array of otherwise plausible axioms for choice under uncertainty. In particular, in this setting, Negative (...) Dominance conflicts with the standard Independence axiom. A novel theory, which includes Negative Dominance, and rejects Independence, is developed and shown to be consistent. (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.".

Remarks on method in the history of Chinese philosophy for analytic philosophy.

AbstractThis essay argues for a new interpretation of the notion of “unity” in Yangming’s 王陽明 famous doctrine of the “unity of knowledge and action” (zhi xing he yi 知行合一). I distinguish two parts of Wang’s doctrine: one concerning training (gong fu 工夫), and one concerning the “original natural condition” of knowledge and action (ben ti 本體). I focus on the latter aspect of the doctrine, and argue that Wang holds, roughly, that a person exhibits knowledge in its original natural condition (...) if and only if the person exhibits action in its original natural condition. Moreover, I argue that Wang denies that knowledge in its original natural condition is identical to action in its original natural condition. (shrink)

Among philosophers, Fregeanism and sententialism are widely considered two of the leading theories of the semantics of attitude reports. Among linguists, these approaches have received little recent sustained discussion. This paper aims to bridge this divide. I present a new formal implementation of Fregeanism and sententialism, with the goal of showing that these theories can be developed in sufficient detail and concreteness to be serious competitors to the theories which are more popular among semanticists. I develop a modern treatment of (...) quantifying in for Fregeanism and sententialism, in the style of Heim and Kratzer, and then show how these theories can—somewhat surprisingly—account for “third readings” on the model of the “Standard Solution” from possible-worlds semantics. The resulting Fregean/sententialist proposal has a distinctive attraction: it treats data related to counterfactual attitudes —which have proven challenging to accommodate in the setting of possible worlds semantics—straightforwardly as third readings. (shrink)

I present a problem for an influential argument of Chen Lai's, and argue that Wang Yangming may have believed that all "motivating concerns" are actions. (The archived version is a Chinese preprint; the published Chinese version is available by the external link in the entry. An English version is available on my website.).

I argue that physicians can save women from life-threatening pregnancies by performing a craniotomy, placentectomy, or salpingotomy without intending death or harm. To support this conclusion, I defend the relevance thesis about intentions (a person intends X only if X explains the action). I then criticize the identity thesis (if a person intends X and knows that X is identical to Y then the person intends Y) and three mistakenly strict moral principles: (1) one may not intend something that is (...) a serious harm for an innocent person, (2) one may not intend to terminate pregnancy before viability, and (3) one may not act on a person’s body in a harmful way in order to benefit another person. (1) would prohibit procuring organs from living donors, (2) would prohibit treating hepatic pregnancies and other ectopic pregnancies, and (3) would prohibit procuring organs from living donors and performing many prenatal surgeries. (shrink)

In this paper we consider the possibility of a Quantum Molinism : such a view applies an analogue of the Molinistic account of free will‘s compatibility with God’s foreknowledge to God’s knowledge of (supposedly) indeterministic events at a quantum level. W e ask how (and why) a providential God could care for and know about a world with this kind of indeterminacy. We consider various formulations of such a Quantum Molinism, and after rejecting a number of options arrive at one (...) seemingly coherent formulation. (shrink)

Carl Gillett has defended what he calls the “dimensioned” view of the realization relation, which he contrasts with the traditional “flat” view of realization (2003, 2007; see also Gillett 2002). Intuitively, the dimensioned approach characterizes realization in terms of composition whereas the flat approach views realization in terms of occupiers of functional roles. Elsewhere we have argued that the general view of realization and multiple realization that Gillett advances is not able to discharge the theoretical duties of those relations (Shapiro (...) 2004, unpublished manuscript; Polger 2004, 2007, forthcoming). Here we focus on an internal objection to Gillett’s account and then raise some broader reasons to reject it. (shrink)

The difficult phrase ὅ ποτε ὄν ἐστι (hereafter ‘OPO’), which occurs in key passages in Aristotle’s discussions of blood and of time, has long vexed interpreters of Aristotle. This paper proposes a new interpretation of OPO, which resolves some textual and interpretative problems about Aristotle’s theories of blood and of time. My interpretation will also shed light on more general issues in Aristotle’s metaphysics. In the passages I will discuss, Aristotle takes both blood and time to be examples of his (...) peculiar ‘coupled entities’. He then uses OPO to provide explanations which differ from what we might call his ‘standard’ metaphysical explanations. On the ‘standard’ approach, Aristotle explains derivative entities—non-substances—by describing their relationship to substances. By contrast to this standard form of explanation, when Aristotle uses OPO he explains blood and time by describing their relationship to non-substances. This paper thus identifies a new species of metaphysical dependence in Aristotle. In addition, it provides detailed examination of evidence concerning whether Aristotle himself used coupled entities in his own physical and metaphysical theories. (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)

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)

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)

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)

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)

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)

I respond to P. J. Ivanhoe's criticisms of my translation of a key passage in Wang Yangming.

According to relationism, for Alice to believe that some rabbits can speak is for Alice to stand in a relation to a further entity, some rabbits can speak. But what could this further entity possibly be? Higher-order metaphysics seems to offer a simple, natural answer. On this view (roughly put), expressions in different syntactic categories (for instance: names, predicates, sentences) in general denote entities in correspondingly different ontological categories. Alice's belief can thus be understood to relate her to a sui (...) generis entity denoted by "some rabbits can speak", belonging to a different ontological category than Alice herself. This straightforward account of the attitudes has historically been deemed so attractive that it was seen as providing an important motivation for higher-order metaphysics itself (Prior [1971]). But I argue that it is not as straightforward as it might seem, and in fact that propositional attitudes present a foundational challenge for higher-order metaphysics. (shrink)

A translation of two untranslated epistolary exchanges of Wang Yangming, which provide a record of how he understood the doctrine of the unity of knowledge and action after 1521.

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)

"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)

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)

Successful athletic performance requires precision in many respects. A batter stands behind home plate awaiting the arrival of a ball that is less than three inches in diameter and moving close to 100 mph. His goal is to hit it with a ba­­t that is also less than three inches in diameter. This impressive feat requires extraordinary temporal and spatial coordination. The sweet spot of the bat must be at the same place, at the same time, as the ball. A (...) basketball player must keep a ball bouncing as she speeds from one end of the court to another, evading defensive players. She may never break pace as she lifts from the ground, throwing the ball fifteen feet toward a hoop that is eighteen inches in diameter. One task facing a psychologist involves explaining how the body does such things within the sometimes very demanding spatial and temporal constraints that a given task imposes. Part of the goal of this chapter is to sketch the commitments of an embodied approach to such an explanation. We shall see that an embodied account of motor skills draws concepts that depart radically from more traditional cognitivist theories of motor activity. Similarly, because an embodied approach to cognition introduces new ways to understand the human capacity for social interaction, it also promises to shed new light on how athletes coordinate their actions with each other. (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)

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)

The paper is written in response to those who fail to recognize the relation between a patient's mental competency and her state of pain. Some clinicians claim that a proper diagnosis can only be made in the absent of analgesia. Rather, the patient's state of pain directly affects her mental competency and thus her ability to give valid consent. Clinicians should rethink their approach to diagnosis when the patient is in pain.

I argue that Descartes intended the so-called ontological "argument" as a self-validating intuition, rather than as a formal proof. The textual evidence for this view is highly compelling, but the strongest support comes from understanding Descartes's diagnosis for why God's existence is not 'immediately' self-evident to everyone and the method of analysis that he develops for making it self-evident. The larger aim of the paper is to use the ontological argument as a case study of Descartes's nonformalist theory of deduction (...) and his method of analysis, showing how he conceives the latter as a form of philosophical therapy. (shrink)

Unusual among Western philosophers, Schopenhauer explicitly drew on Hindu and especially Buddhist traditions inhis moral philosophy. He saw plurality, especially the plurality of human persons, as a kind of illusion; in reality all is one, and compassionate acts express an implicit recognition of this oneness. Max Scheler retains the transcendence of self aspect of compassion but emphasizes that the subject must have a clear, lived sense of herself as a distinct individual in order for that transcendence to take place properly. (...) This feature is absent in the Buddhist tradition. Feminist philosophers of the early second wave built on this insight (only occasionally drawing it from Scheler) to recognize ways women are often not socialized to develop this distinctive sense of self, therefore harming their ability to engage in compassion and other forms of care for others. Iris Murdoch adds a Freudian-inspired (though Freud influenced Scheler also) pessimism about the ability of humans to keep their identities sufficiently distinct from the other to allow a clear view of the other, and thus real care and help to the other to take place. But in her later work, Murdoch explicitly recognizes and draws on the Buddhist tradition of oneness and transcendence of the self. Group solidarities can partake of aspects of Buddhist oneness and self-transcendence, for example the sense of fellowship in a social justice movement in which Blacks draw on a shared identity to experience connection, compassion, empathy, and solidarity with one another. But social justice movements also allow for a solidarity across racial lines, grounded in the shared commitment to justice, including justice for one of the groups in the solidarity community. (All these issues are powerfully portrayed in the 2014 film, Selma.) None of these solidarities, however, express the universalistic dimension of Buddhist oneness. (shrink)

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)