The principle of noncombatant immunity prohibits warring parties from intentionally targeting noncombatants. I explicate the moral version of this view and its criticisms by reductive individualists; they argue that certain civilians on the unjust side are morally liable to be lethally targeted to forestall substantial contributions to that war. I then argue that reductivists are mistaken in thinking that causally contributing to an unjust war is a necessary condition for moral liability. Certain noncontributing civilians—notably, war-profiteers—can be morally liable to (...) be lethally targeted. Thus, the principle of noncombatant immunity is mistaken as a moral (though not necessarily as a legal) doctrine, not just because some civilians contribute substantially, but because some unjustly enriched civilians culpably fail to discharge their restitutionary duties to those whose victimization made the unjust enrichment possible. Consequently, the moral criterion for lethal liability in war is even broader than reductive individualists have argued. (shrink)

The principle of non-combatant immunity protects non-combatants against intentional attacks in war. It is the most widely endorsed and deeply held moral constraint on the conduct of war. And yet it is difficult to justify. Recent developments in just war theory have undermined the canonical argument in its favour – Michael Walzer's, in Just and Unjust Wars. Some now deny that non-combatant immunity has principled foundations, arguing instead that it is entirely explained by a different principle: (...) that of necessity. In war, as in ordinary life, harms to others can be justified only if they are necessary. Attacking non-combatants, the argument goes, is never necessary, so never justified. Although often repeated, this argument has never been explored in depth. In this article, I evaluate the necessity-based argument for non-combatant immunity, drawing together theoretical analysis and empirical research on anti-civilian tactics in interstate warfare, counterinsurgency, and terrorism. (shrink)

Michael Walzer argues that except in cases involving genocide or mass slaughter, humanitarian intervention is unjustifiable because “citizens get the government they deserve, or, at least, the government for which they are ‘fit.’”Yet, if people are autonomous and deserve the government that rules over them, then it would seem that they are responsible for the government’s actions, including their nation’s wars of aggression.That line of thought undermines the doctrine of noncombatant immunity, which is perhaps the most important of Walzer’s (...) jus in bello principles. In this way, the concept of self-determination frustrates Walzer’s attempts to keep jus ad bellum and jus in bello considerations separate. (shrink)

I argue that, according to Just War Theory, those who work as administrative personnel in the private military industry can be permissibly harmed while at work by enemy combatants. That is, for better or worse, a Just War theorist should consider all those who work as administrative personnel in the private military industry either: (i) individuals who may be permissibly restrained with lethal force while at work, or (ii) individuals who may be harmed by permissible attacks against their workplace. In (...) doing so, I also provide some critical analysis of the relevant Just War concepts. (shrink)

Those of us who are not pacifists face an obvious challenge. Common-sense morality contains a stringent constraint on intentional killing, yet war involves homicide on a grand scale. If wars are to be morally justified, it needs be shown how this conflict can be reconciled. A major fault line running throughout the contemporary just war literature divides two approaches to attempting this reconciliation. On a ‘reductivist’ view, defended most prominently by Jeff McMahan, the conflict is largely illusory, since such killing (...) can be justified by aggregating individuals’ ordinary permissions to use force in self- and other-defence. In opposition, a rival ‘nonreductivist’ approach holds that these considerations are insufficient for the task. One prominent version of non-reductivism grounds the permission to kill in combatants’ membership in certain kinds of group or association. The key claim is that participation in certain morally important relationships can provide an independent source of permission for killing in war. This paper argues that non-reductivism should be rejected. It does so by pushing a dilemma onto non-reductivists: if they are successful in showing that the relevant relationships can generate permissions to kill in war, they must also jettison the most intuitive restrictions on conduct in war—the constraint on intentionally killing morally innocent non-combatants most saliently. Since this conclusion is unacceptable, non-reductivism should be rejected. (shrink)

A drone industry has emerged in the US, initially funded almost exclusively for military applications. There are now also other uses both governmental and commercial. Many military drones are still being made, however, especially for surveillance and targeted killings. Regarding the latter, this essay calls into question their legality and morality. It recognizes that the issues are complex and controversial, but less so as to the killing of non-combatant civilians. The government using drones for targeted killings maintains secrecy and (...) appeals to non-traditional justifications. Most scholars who assess these killer drone practices support citizen immunity, either by favoring a modified just war theory that prioritizes civilians’ right to life or by challenging official deviations from applicable laws. They accordingly declare such killing immoral if not a war crime. The manufacturers of these killer drones are not themselves the killers, but they are abetters, i.e., sine qua non facilitators. So, I argue that any company concerned about its corporate social responsibility should cease manufacturing them. (shrink)

The period known as the “War on Terror” has prompted a revival of interest in the idea of moral dilemmas and the problem of “dirty hands” in public life. Some contend that a policy of targeted killing of terrorist actors is (under specified but not uncommon circumstances) an instance of a dirty-handed moral dilemma – morally required yet morally forbidden, the least evil choice available in the circumstances, but one that nevertheless leaves an indelible moral stain on the character of (...) the person who makes the choice. In this chapter we argue that, while dirty hands situations do exist as a persistent problem of political life, it is generally a mistake to classify policies of target killing (such as the current US policy) as examples of dirty hands. Instead, we maintain, such policies, if justified at all, must ordinarily be justified under the more exacting standards of just war theory and its provisions for justified killing – in particular the requirement that (with limited and defined exceptions) non-combatants be immune from intentional violence. Understanding this distinction both clarifies the significance of dirty hands as a moral phenomenon and also forestalls a set of predictable and all-too-easy appropriations of the concept to domains it was never intended to address. (shrink)

Terrorist violence is often condemned for targeting innocents or non-combatants. There are two objections to this line of argument. First, one may doubt that terrorism is necessarily directed against innocents or non-combatants. However, I will focus on the second objection, according to which there may be exceptions from the prohibition against killing the innocent. In my article I will elaborate whether lethal terrorism against innocents can be justified in a supreme emergency. Starting from a critique of Michael Walzer’s account of (...) supreme emergency, I will argue that the supreme emergency exemption justifies the resort to terrorism against innocents to avert moral disasters such as genocide and ethnic cleansing, provided that the criteria of last resort, proportionality and public declaration are satisfied. (shrink)

Non-uniformed combat morally infringes on civilians’ fundamental right to immunity and exacts an impermissible form of unofficial conscription that is morally prohibited even if the civilians knowingly consent to it. It is often argued that revolutionary groups burdened by resource disparities relative to the state or who claim alternative sources of political legitimacy (such as national self-determination or the constitution of a political collective) are justified in using unconventional tactics such as non-uniformed combat. Neither those reasons nor the provision (...) of public goods, however, are sufficient to justify such rights violations and this form of conscription, and it calls into question the suitability of current international legal protections for the non-uniformed. (shrink)

The doctrine of the moral equality of combatants holds that combatants on either side of a war have equal moral status, even if one side is fighting a just war while the other is not. This chapter examines arguments that have been offered for and against this doctrine, including the collectivist position famously articulated by Walzer and McMahan’s influential individualist critique. We also explore collectivist positions that have rejected the moral equality doctrine and arguments that some individualists have offered in (...) its favor. We defend a non-categorical version of the moral equality doctrine, according to which combatants on either side of a just war sometimes (but not always) have equal moral status. On our view, some degree of culpability is necessary for liability, and non-culpable combatants may therefore sometimes remain non-liable even when they fight for an unjust cause. (shrink)

The idea that the immune system distinguishes between self and non-self was one of the central assumptions of immunology in the second half of 20 th century. This idea influenced experimental design and data interpretation. However, in the face of new evidence there is a need for a new conceptual framework in immunology.

The interplay between the virus, infected cells and immune responses to SARS-CoV-2 is still under debate. By extending the basic model of viral dynamics, we propose here a formal approach to describe neutralisation versus weak (or non-)neutralisation scenarios and compare them with the possible effects of antibody-dependent enhancement (ADE). The theoretical model is consistent with the data available in the literature; we show that both weakly neutralising antibodies and ADE can result in final viral clearance or disease progression, but that (...) the immunodynamics are different in each case. As a significant proportion of the world’s population is already naturally immune or vaccinated, we also discuss the implications for secondary infections after vaccination or in the presence of immune system dysfunctions. (shrink)

When a novel scientific theory conflicts with otherwise plausible moral assumptions, we do not treat that as evidence against the theory. We may scrutinize the empirical data more keenly and take extra care over its interpretation, but science is in some core sense immune to moral refutation. Can the same be said of philosophical theories (or the non-ethical, ‘metaphysical’ ones at least)? If a position in the philosophy of mind, for example, is discovered to have eye-widening moral import, does that (...) count against it at all? Actual responses by philosophers to the question of whether unanticipated moral consequences of metaphysical theories have evidential force are scattered, implicit, divergent, under-argued, and sometimes even self-undermining. The present discussion is, most immediately, an attempt to sort out the confusion. Beyond that, it exploits the new perspective this question gives us on a familiar topic: the relation of philosophy to science. (shrink)

In this paper we examine the ethical implications of emerging Nanotechnologically Enhanced Combat Systems (or 'NECS'). Through a combination of materials innovation and biotechnology, NECS are aimed at making combatants much less vulnerable to munitions that pose a lethal threat to soldiers protected by conventional armor. We argue that increasing technological disparities between forces armed with NECS and those without will exacerbate the ethical problems of asymmetric warfare. This will place pressure on the just war principles of jus in bello, (...) by encouraging the resort to tactics that either (i) make it more difficult to respect these principles or (ii) directly violate them, by virtue of attacking non-combatants or creating disproportionate numbers of casualties without a clear military goal. (shrink)

This paper presents and defends Kant’s non-voluntarist conception of political obligations. I argue that civil society is not primarily a prudential requirement for justice; it is not merely a necessary evil or moral response to combat our corrupting nature or our tendency to act viciously, thoughtlessly or in a biased manner. Rather, civil society is constitutive of rightful relations because only in civil society can we interact in ways reconcilable with each person’s innate right to freedom. Civil society is the (...) means through which we can rightfully interact even on the ideal assumption that no one ever succumbs to immoral temptation. (shrink)

In his paper ‘A libertarian case for mandatory vaccination’, Jason Brennan argues that even libertarians, who are very averse to coercive measures, should support mandatory vaccination to combat the harmful disease outbreaks that can be caused by non-vaccination. He argues that libertarians should accept the clean hands principle, which would justify mandatory vaccination. The principle states that there is a (sometimes enforceable) moral obligation not to participate in collectively harmful activities. Once libertarians accept the principle, they will be compelled to (...) support mandatory vaccination. In my paper, I argue that the cases Brennan uses to justify this principle are disanalogous to the case of non-vaccination and that they are not compelling to libertarians. The cases Brennan offers can be explained by a libertarian using the individual sufficiency principle: which states that if an individual’s action is sufficient to cause harm, then there is a (sometimes enforceable) moral obligation not to carry out that action. I argue that this principle is more appropriate to Brennan’s examples, and more appealing to the libertarian, than the clean hands principle. In order to get libertarians to accept the clean hands principle, I present a modified version of one of Brennan’s cases that is analogous to the case of non-vaccination. Using this case, I argue that whether the clean hands principle will justify mandatory vaccination is dependent on whether the herd immunity rate in a given population is approaching a threshold after which a collective risk of harm will be imposed onto others. (shrink)

Abstract Argument is seen as central to philosophy, especially epistemology. It is often said that philosophy teaches you to argue for any position. Arguments are used to justify beliefs and many people suppose that for a belief to be counted for knowledge it must be justified. In science, scientific theories must be backed by the evidence and it has been proposed that the relationship of evidence to theory is that of argument to conclusion. But is argument really so important? Arguments (...) in practice are hardly ever persuasive, and a deductive argument adds no new information. Knowledge and wisdom of the philosophical kind can be garnered and created through observation, exploration, experiment, collaboration, narrative and sharing. None of these ways of knowing necessarily involve argument, and can actually in some cases be harmed by argument. It is fairly uncontroversial to say that argument has a central role in contemporary English speaking philosophy. But if argument is a form of combat then this emphasis on argument could be a source of gender bias in philosophy and in certain sciences. Men are physiologically attracted to combat through the mechanism of testosterone fluctuations in response to competitive situations. But apart from being attractive to some men, arguments do not create good philosophy. Good philosophy aims at the love of wisdom and knowledge. Two principle goods in philosophy are the creation of knowledge and the spreading of knowledge. Arguments neither create knowledge nor are persuasive. On the contrary, arguments create divisions and cognitive biases. As such philosophy may be better with less of an emphasis on argument, and more emphasis on non-violence, sharing and love. (shrink)

Many agents have failed to comply with their responsibilities to take the action needed to avoid dangerous anthropogenic climate change. This pervasive noncompliance raises two questions of nonideal political theory. First, it raises the question of what agents should do when others do not discharge their climate responsibilities. (the Responsibility Question) In this paper I put forward four principles that we need to employ to answer the Responsibility Question (Sections II-V). I then illustrate my account, by outlining four kinds of (...) action that should be undertaken (Section VI). Pervasive noncompliance also raises a second question: Given the lack of progress in combating climate change, should existing governance structures be maintained or changed (and if they should be changed, in what ways)? (the Governance Question). The paper briefly outlines a methodology for addressing this question and outlines what a nonideal response to the existing institutional structures would be (Section VII). It does so with reference to the Paris Agreement, and in particular the creation of a "global stocktake" (Article 14, Paris Agreement) and the "facilitative dialogue" (paragraph 20 of the ‘Adoption of the Paris Agreement’). The aim, then, is to set out an account of a nonideal theory of climate justice. (shrink)

McMahan’s own example of a symmetrical defense case, namely his tactical bomber example, opens the door wide open for soldiers to defend their fellow-citizens (on grounds of their special obligations towards them) even if as part of this defense they target non-liable soldiers. So the soldiers on both sides would be permitted to kill each other and, given how McMahan defines “justification,” they would also be justified in doing so and hence not be liable. Thus, we arrive, against McMahan’s intentions, (...) at a moral equality of combatants. In addition, his own account of liability cannot deal adequately with symmetrical defense cases in the first place. This undermines his presupposition that justification defeats liability, which is central to his defense of the moral inequality of combatants. I shall argue that McMahan’s attempts to counter these objections fail and that therefore his general claim of the moral inequality of combatants remains unpersuasive. (shrink)

We explore the ethics of deliberately exposing consenting adults to SARS-CoV-2 to induce immunity to the virus (“DEI” for short). We explain what a responsible DEI program might look like. We explore a consequentialist argument for DEI according to which DEI is a viable harm-reduction strategy. Then we consider a non-consequentialist argument for DEI that draws on the moral significance of consent. Additionally, we consider arguments for the view that DEI is unethical on the grounds that, given that large-scale (...) DEI would be highly likely to result in some severe illnesses and deaths, DEI amounts to a form of killing. Our thesis is that incorporating a DEI program alongside the status-quo “calibrate-the-curve” responses could have significant advantages at the early stages of pandemics. These potential advantages mean that, at a minimum, research into DEI would have been justified early in the COVID-19 pandemic, and that DEI programs should be explored as potential additions to our overall approach to emerging pandemics in the future. (shrink)

In a recent paper published in this journal, Giubilini, Douglas and Savulescu argue that we have given insufficient weight to the moral importance of fairness in our account of the best policies for non-medical exemptions to childhood immunization requirements. They advocate for a type of policy they call Contribution, according to which parents must contribute to important public health goods before their children can receive NMEs to immunization requirements. In this response, we argue that Giubilini, Douglas and Savulescu give insufficient (...) weight to the moral importance parental liberty in ways that count against their preferred type of NMEs policy and threaten public support for mandatory vaccination laws and public health initiatives generally. (shrink)

The statement that we are currently failing to address some of humanity’s greatest challenges seems uncontroversial—we are not doing enough to limit global warming to a maximum of 2 °C and we are exposing vulnerable people to preventable diseases when failing to produce herd immunity. But what singles out such failings from all the things we did not do when all are unintended? Unlike their individualist counterparts, collective inaction and omission have not yet received much attention in the literature. (...) collective inaction, I argue, can be attributed to a group of agents where a collective action x that the agents did not perform was collectively feasible at time t where each agent in that group had sufficient reason to contribute to performing x or others had a reasonable expectation that they would perform x. I show that, perhaps surprisingly, we can speak of collective inaction even where only one member of the group fails to act. However, where large and dispersed groups of agents are concerned, there is often no meaningful way of attributing collective failings. Still, I contend that the failure to close the global emissions gap and—in some cases—to generate herd immunity are indeed on us. (shrink)

The manner in which individuals hold various nonevidentiary beliefs is critical to making any evaluative claim regarding an individual's autonomy. In this essay, I argue that one may be both justified in holding nonrational beliefs of a nonevidentiary sort while also being capable of leading an autonomous life. I defend the idea that moral instruction, including that which concerns explicitly religious content, may justifiably constitute a set of commitments upon which rationality and autonomy are dependent. I situate this discussion against (...) the backdrop of a minimalist notion of autonomy. I then consider the case for nonrational beliefs, examining the difference between those whose content is objectionable on evidentiary grounds and those that are immune to verification. Next, I consider the indoctrination/moral instruction distinction through examining the various ways in which indoctrination is defined. I also consider the role that value coherence plays in shaping our identities, paying particular attention to fundamental commitments as defined by our respective families, cultures, and communities. Finally, I argue that individual psychology is central to our ability to assess the outcome of an upbringing purported to be indoctrinatory, and I emphasize the important role that experience and agency play in enabling us to evaluate our beliefs. (shrink)

Kripke’s examples of allegedly contingent a priori sentences include ‘Stick S is exactly one meter long’, where the reference of ‘meter’ is fixed by the description ‘the length of stick S’. In response to skepticism concerning apriority Kripke replaced the meter sentence with a more sophisticated variant, arguing that the modified example is more immune to such skepticism. The case for apriority is examined. A distinction is drawn between apriority and a broader notion, “qua-priority,” of a truth whose epistemic justification (...) is dependent on no experience other than that required to justify belief of the deliverances of pure semantics. It is argued that Kripke’s examples are neither a priori nor qua-priori. (shrink)

Ethical considerations play a key role in the proposed frameworks for COVID-19 vaccine allocation. Based on a set of ethical principles, these frameworks make recommendations on those who should be prioritized for vaccination. WHO Strategic Advisory Group of Experts of Immunization (SAGE)1, the National Academy of Medicine (NAM)2, and the Johns Hopkins Center for Health Security (JHCHS)3 have issued frameworks for allocation and prioritization of COVID-19 vaccination. None of these frameworks have made any recommendations as to the prioritization of those (...) who have not yet been infected with SARS-CoV-2 (non-infected group) over those who have been infected previously (infected group). Does this imply that giving priority to the non-infected group is not justified from the ethical perspective of these frameworks? In the following, we review the ethical foundations of these frameworks and show that prioritization of the non-infected group is not only consistent with, but also implied by, these ethical foundations. (shrink)

In a paper recently published in this journal, Navin and Largent argue in favour of a type of policy to regulate non-medical exemptions from childhood vaccination which they call ‘Inconvenience’. This policy makes it burdensome for parents to obtain an exemption to child vaccination, for example, by requiring parents to attend immunization education sessions and to complete an application form to receive a waiver. Navin and Largent argue that this policy is preferable to ‘Eliminationism’, i.e. to policies that do not (...) allow non-medical exemptions, because Inconvenience has been shown to maintain exemption rates low while not harming parents by forcing them to do something that goes against their beliefs. We argue that it is at least doubtful that Inconvenience is ethically preferable to Eliminationism: while the latter disregards the value of liberty, Inconvenience disregards the value of fairness in the distribution of the burdens entailed by the preservation of a public good like herd immunity. We propose a variant of Inconvenience, which we call ‘Contribution’, which we think is preferable to the versions of Inconvenience discussed by Navin and Largent in that it successfully strikes a balance between the values of parents’ liberty, fairness and expected utility. (shrink)

This paper investigates the notion of ‘distributed cognition’—the idea that entities external to one’s organic brain participate in one’s overall cognitive functioning—and the challenges it poses to the notion of personhood. Related to this is also a consideration of the ever-increasing ways in which neuroprostheses replace and functionally replicate organic parts of the brain. However, the literature surrounding such issues has tended to take an almost exclusively physicalist approach. The common assumption is that, given that non-physicalist theories (chiefly, dualism, and (...) hylomorphism) postulate some form of immaterial ‘soul’, then they are immune from the challenges that these advances in cognitive science pose. The first aim of this paper, therefore, is to argue that this is not the case. The second aim of this paper is to attempt to elucidate a route available for the non-physicalists that will allow them to accept the notion of distributed cognition. By appealing to an Aristotelian framework, I propose that the non-physicalist can accept the notion of distributed cognition by appealing to the notion of ‘unitary life’ which I introduce, as well as to Aristotle’s dichotomy between active and passive mind. (shrink)

D. Davidson argues that the existence of alternative conceptual schemes presupposes the Kantian scheme-content dualism, which requires a scheme-neutral empirical content and a fixed, sharp schemecontent distinction. The dismantlement of such a Kantian scheme-content dualism, which Davidson calls “the third dogma of empiricism”, would render the notion of alternative conceptual schemes groundless. To counter Davidson’s attack on the notion of alternative conceptual schemes, I argue that alternative conceptual schemes neither entail nor presuppose the Kantian scheme-content dualism. On the contrary, it (...) is exactly the abandonment of the concept-neutral content and the denial of a fixed, absolute scheme-content distinction that turns the Kantian conceptualabsolutism upside down and thus makes alternative conceptual schemes possible. Proposing common-sense experience as the empirical content of alternative schemes, I construct and defend a non-Kantian scheme-content dualism based on a non-fixed, relative scheme-content distinction. The proposed non-Kantian scheme-content dualism is not only “innocent” enough to be immune from Davidson’s charge of the third dogma of empiricism, but also “solid” enough to be able to sustain alternative conceptual schemes. I conclude that in terms of our conceptual schemes, we are connected to the world as closely as possible; only through conceptual schemes can we be connected to the world. (shrink)

This is a thesis in support of the conceptual yoking of analytic truth to a priori knowledge. My approach is a semantic one; the primary subject matter throughout the thesis is linguistic objects, such as propositions or sentences. I evaluate arguments, and also forward my own, about how such linguistic objects’ truth is determined, how their meaning is fixed and how we, respectively, know the conditions under which their truth and meaning are obtained. The strategy is to make explicit what (...) is distinctive about analytic truths. The objective is to show that truths, known a priori, are trivial in a highly circumscribed way. My arguments are premised on a language-relative account of analytic truth. The language relative account which underwrites much of what I do has two central tenets: 1. Conventionalism about truth and, 2. Non-factualism about meaning. I argue that one decisive way of establishing conventionalism and non-factualism is to prioritise epistemological questions. Once it is established that some truths are not known empirically an account of truth must follow which precludes factual truths being known non-empirically. The function of Part 1 is, chiefly, to render Carnap’s language-relative account of analytic truth. I do not offer arguments in support of Carnap at this stage, but throughout Parts 2 and 3, by looking at more current literature on a priori knowledge and analytic truth, it becomes quickly evident that I take Carnap to be correct, and why. In order to illustrate the extent to which Carnap’s account is conventionalist and non-factualist I pose his arguments against those of his predecessors, Kant and Frege. Part 1 is a lightly retrospective background to the concepts of ‘analytic’ and ‘a priori’. The strategy therein is more mercenary than exegetical: I select the parts from Kant and Frege most relevant to Carnap’s eventual reaction to them. Hereby I give the reasons why Carnap foregoes a factual and objective basis for logical truth. The upshot of this is an account of analytic truth (i.e. logical truth, to him) which ensures its trivial nature. In opposition to accounts of a priori knowledge, which describe it as knowledge gained from rational apprehension, I argue that it is either knowledge from logical deduction or knowledge of stipulations. I therefore reject, in Part 2, three epistemologies for knowing linguistic conventions (e.g. implicit definitions): 1. intuition, 2. inferential a priori knowledge and, 3. a posteriori knowledge. At base, all three epistemologies are rejected because they are incompatible with conventionalism and non-factualism. I argue this point by signalling that such accounts of knowledge yield unsubstantiated second-order claims and/or they render the relevant linguistic conventions epistemically arrogant. For a convention to be arrogant it must be stipulated to be true. The stipulation is then considered arrogant when its meaning cannot be fixed, and its truth cannot be determined without empirical ‘work’. Once a working explication of ‘a priori’ has been given, partially in Part 1 (as inferential) and then in Part 2 (as non-inferential) I look, in Part 3, at an apriorist account of analytic truth, which, I argue, renders analytic truth non-trivial. The particular subject matter here is the implicit definitions of logical terms. The opposition’s argument holds that logical truths are known a priori (this is part of their identification criteria) and that their meaning is factually based. From here it follows that analytic truth, being determined by factually based meaning, is also factual. I oppose these arguments by exposing the internal inconsistencies; that implicit definition is premised on the arbitrary stipulation of truth which is inconsistent with saying that there are facts which determine the same truth. In doing so, I endorse the standard irrealist position about implicit definition and analytic truth (along with the “early friends of implicit definition” such as Wittgenstein and Carnap). What is it that I am trying to get at by doing all of the abovementioned? Here is a very abstracted explanation. The unmitigated realism of the rationalists of old, e.g. Plato, Descartes, Kant, have stoically borne the brunt of the allegation of yielding ‘synthetic a priori’ claims. The anti-rationalist phase of this accusation I am most interested in is that forwarded by the semantically driven empiricism of the early 20th century. It is here that the charge of the ‘synthetic a priori’ really takes hold. Since then new methods and accusatory terms are employed by, chiefly, non-realist positions. I plan to give these proper attention in due course. However, it seems to me that the reframing of the debate in these new terms has also created the illusion that current philosophical realism, whether naturalistic realism, realism in science, realism in logic and mathematics, is somehow not guilty of the same epistemological and semantic charges levelled against Plato, Descartes and Kant. It is of interest to me that in, particularly, current analytic philosophy (given its rationale) realism in many areas seems to escape the accusation of yielding synthetic priori claims. Yet yielding synthetic a priori claims is something which realism so easily falls prey to. Perhaps this is a function of the fact that the phrase, ‘synthetic a priori’, used as an allegation, is now outmoded. This thesis is nothing other than an indictment of metaphysics, or speculative philosophy (this being the crime), brought against a specific selection of realist arguments. I, therefore, ask of my reader to see my explicit, and perhaps outmoded, charge of the ‘synthetic a priori’ levelled against respective theorists as an attempt to draw a direct comparison with the speculative metaphysics so many analytic philosophers now love to hate. I think the phrase ‘synthetic a priori’ still does a lot of work in this regard, precisely because so many current theorists wrongly think they are immune to this charge. Consequently, I shall say much about what is not permitted. Such is, I suppose, the nature of arguing ‘against’ something. I’ll argue that it is not permitted to be a factualist about logical principles and say that they are known a priori. I’ll argue that it is not permitted to say linguistic conventions are a posteriori, when there is a complete failure in locating such a posteriori conventions. Both such philosophical claims are candidates for the synthetic a priori, for unmitigated rationalism. But on the positive side, we now have these two assets: Firstly, I do not ask us to abandon any of the linguistic practises discussed; merely to adopt the correct attitude towards them. For instance, where we use the laws of logic, let us remember that there are no known/knowable facts about logic. These laws are therefore, to the best of our knowledge, conventions not dissimilar to the rules of a game. And, secondly, once we pass sentence on knowing, a priori, anything but trivial truths we shall have at our disposal the sharpest of philosophical tools. A tool which can only proffer a better brand of empiricism. (shrink)

We point out a yet unnoticed flaw in Dutch Book arguments that relates to a link between degrees of belief and betting quotients. We offer a set of precise conditions governing when a nonprobabilist is immune to the classical Dutch Book argument. We suggest that diachronic Dutch Book arguments are also affected.

In this chapter, we consider the plausibility and consequences of the use of the term “honest errors” to describe the accidental killings of civilians resulting from the US military’s drone campaigns in Iraq, Syria, Afghanistan, and elsewhere. We argue that the narrative of “honest errors” unjustifiably excuses those involved in these killings from moral culpability, and reinforces long-standing, pernicious assumptions about the moral superiority of the US military and the inevitability of civilian deaths in combat. Furthermore, we maintain that, given (...) the knowledge-distorting practices within the US military’s organizational structure, few if any civilian deaths from drone strikes meet the criteria of a genuinely morally excusing “honest mistake”. Instead, these accidental killings often reflect objectionable attitudes of relative disregard for the safety of civilians. These attitudes are, we argue, sufficient to warrant the attribution of blame and moral responsibility, both with respect to certain individual actions and with respect to the US military as an institution. In light of this, we propose incorporating a Principle of the Moral Equality of Non-combatants into military assessments of what counts as “acceptable risk” to civilians. This would go some way, we argue, to redressing the ongoing injustice inflicted on the victims of civilian killings by the failure of the US military and US political leadership to take moral responsibility for unjustified civilian deaths. (shrink)

It is widely thought that stealing, trading and destroying cultural artifacts in time of war are inherently immoral actions, and that it is right that they be treated as war crimes, which, indeed, they currently are. But oppressive cultures have their heritage and cultural artifacts too, in the form of monuments, sites of worship, and so on; and for the oppressed, these things may be awful reminders of their subordination, and may even perpetuate it. This chapter suggests that, since cultural (...) objects can be both tools and symbols of unjust oppression, their theft and destruction ought to be seen as appropriate when this would be a means of overcoming oppression. Whatever current law may say, in these instances, it would be morally inappropriate to count such acts as war crimes. Furthermore, it is bizarre that theft and destruction of cultural property are counted as war crimes when soldiers killing each other is not (due to combatant immunity). Surely killing is worse than property destruction and theft. It is therefore argued that, where possible, it would be better for conflicts to be fought using the latter methods. Finally, the chapter responds to many objections to using theft and destruction of cultural property as a method of warfare. E.g. to the objection that such property has timeless, trans-cultural, aesthetic, historical and scientific value, it is replied that justice is a more important value; and to the objection that these practices amount to cultural genocide it is replied that unjust cultures have no right to exist unmodified. (This chapter was formerly entitled: "Culture Weaponized: A Contrarian Theory of the Sometime Appropriateness of the Destruction, Theft and Trade of Art and Cultural Artifacts in Armed Conflict." The PhilPapers archived version is a pre-penultimate version of the published version.). (shrink)

Academics working on military ethics and serving military personnel rarely have opportunities to talk to each other in ways that can inform and illuminate their respective experiences and approaches to the ethics of war. The workshop from which this paper evolved was a rare opportunity to remedy this problem. Our conversations about First Lieutenant (1LT) Portis’s experiences in combat provided a unique chance to explore questions about the relationship between oversight, accountability, and the idea of moral risk in military operations. (...) In this paper, we outline a particular experience of 1LT Portis’s that formed the basis of our discussions, before elucidating the ethical issues this experience raised. In particular, we see 1LT Portis’s experience as, first, illustrative of the problem of moral risk – when military personnel are placed in situations of moral temptation. The problem of moral risk, we propose, is best understood through the framework of the military’s duty of care. Second, we see his experience as highlighting tensions within the dominant moralized warrior model of the military profession. What we call a toxic warrior identity — a distorted form of the moralized warrior identity — can negatively affect the attitudes of military personnel toward rules, policies, procedures, and accountability mechanisms, particularly in relation to non-combat related roles and duties and when leaders must choose between competing bureaucratic demands. We see 1LT Portis’s experience as illustrative of these tensions, yet his experiences also highlight important concerns about the impact of increasing bureaucratic demands on military functioning. In the conclusion, we address the need to balance concerns about toxic warrior identity with legitimate criticisms of overly demanding bureaucracy and suggest avenues for further research on this issue. (shrink)

Academics working on military ethics and serving military personnel rarely have opportunities to talk to each other in ways that can inform and illuminate their respective experiences and approaches to the ethics of war. The workshop from which this paper evolved was a rare opportunity to remedy this problem. Our conversations about First Lieutenant (1LT) Portis’s experiences in combat provided a unique chance to explore questions about the relationship between oversight, accountability, and the idea of moral risk in military operations. (...) In this paper, we outline a particular experience of 1LT Portis’s that formed the basis of our discussions, before elucidating the ethical issues this experience raised. In particular, we see 1LT Portis’s experience as, first, illustrative of the problem of moral risk – when military personnel are placed in situations of moral temptation. The problem of moral risk, we propose, is best understood through the framework of the military’s duty of care. Second, we see his experience as highlighting tensions within the dominant moralized warrior model of the military profession. What we call a toxic warrior identity — a distorted form of the moralized warrior identity — can negatively affect the attitudes of military personnel toward rules, policies, procedures, and accountability mechanisms, particularly in relation to non-combat related roles and duties and when leaders must choose between competing bureaucratic demands. We see 1LT Portis’s experience as illustrative of these tensions, yet his experiences also highlight important concerns about the impact of increasing bureaucratic demands on military functioning. In the conclusion, we address the need to balance concerns about toxic warrior identity with legitimate criticisms of overly demanding bureaucracy and suggest avenues for further research on this issue. (shrink)

*North American Society for Social Philosophy (NASSP) Book Award 2019.* -/- *International Studies Association (ISA) - International Ethics Section Book Award 2021.* -/- Although military mores have relied primarily on just war theory, the ethic of cooperation in warfare (ECW)—between enemies even as they are trying to kill each other—is as central to the practice of warfare and to conceptualization of its morality. Neither game theory nor unilateral moral duties (God-given or otherwise) can explain the explicit language of cooperation in (...) developing and enforcing principles of military ethics and the law of armed conflict. -/- The ethic of cooperation is borne of various motivations: reciprocity, self-preservation, and efficiency, to be sure, but also a sense of warrior honor and concern with human rights. This shared morality can persist despite making it more difficult for one side or the other to win and, unfortunately, its well-meaning motivations often lead to unintended tragic consequences. -/- This book explores three manifestations of this significant yet overlooked ethic of cooperation in warfare: (1) for a “fair fight,” (2) to protect classes of individuals (e.g., non-combatants or prisoners of war), and (3) to end the war quickly. Such cooperation can take unexpected forms, from ad hoc decisions on the battlefield to institutionalization in international law, and is the source of some critical tensions in one of the most significant developments in warfare in recent years: namely, how to handle terrorism or other forms of warfare that lie outside the purview of international law. -/- Each type of ECW raises questions internal to that ethic, such as inconsistencies in the concept of “parity” across different weapons bans, contradictions within the warrior ethic that heavily influence—and therefore confuse—notions of the “fair fight,” the disconnect between what protections a person receives and his responsibility for the war (e.g., political leaders), or the limited decisiveness of outcomes generated by very short wars. -/- Their simultaneous application also generates significant tensions and raises questions about the proper relationship of ECW to the immediate goal of war itself, which is to win, and thus yield either a political settlement or a justicial decision. For example, the ECWs for a “fair fight” and to protect classes of individuals can make it harder to win the war, but even more concerning is that they can also kill more people, which in the latter case contravenes its very purpose. -/- Human history is in some ways the story of trying to concurrently wage and tame war, and the architecture of warfare itself is informed by the ECW, in particular: (a) the political nature of war, (b) the abdication from jus ad bellum judgments in order to concentrate on justice within war (jus in bello), and (c) the ways in which modern nation-states collude to define “legitimacy” in war. -/- The combination of these three features leave questions of justicial right and responsibility for war disturbingly unresolved, it also generates new challenges in a geopolitical context in which cooperative and non-cooperative (e.g. contemporary terrorism) forms of warfare clash. (shrink)

This articles exposes the methodological errors involved in attempting to operationalize or value-neutralize the concept of 'terrorism.' It defends, instead, an effects-based approach to the taxonomy of 'terrorism' that builds out from a central conceptual connection between the term's negative connotation and a widely shared moral presumption against the killing of innocent non-combatants. Although this approach to the core meaning of 'terrorism' is far from value-neutral, it has a number of virtues to recommend it. First, it has the political virtue (...) of even-handedness in the way it enables competing appraisals of asymmetric conflicts. Second, it is has the ethical virtue of being flexible enough to accommodate nuanced appraisals of various modes and degrees of terrorist violence. And third, it has the empirical virtue of being useful for purposes of rigorous social scientific research. (shrink)

As moral injury is a still-emerging concept within the area of military mental health, prevalence estimates for moral injury and its precursor, potentially morally injurious events (PMIEs), remain unknown for many of the world’s militaries. The present study sought to estimate the prevalence of PMIEs in the Canadian Armed Forces (CAF), using data collected from CAF personnel deployed to Afghanistan, via logistic regressions controlling for relevant sociodemographic, military, and deployment characteristics. Analyses revealed that over 65% of CAF members reported exposure (...) to at least one event that would be considered a PMIE. The most commonly PMIEs individuals reported included seeing ill or injured women and children they were unable to help (48.4%), being unable to distinguish between combatants and non-combatants (43.6%), and finding themselves in a threatening situation where they were unable to respond due to the rules of engagement under which they were required to operate (35.4%). These findings provide support for both the presence of exposure to PMIEs in CAF members and the need for formal longitudinal data collection regarding PMIE exposure and moral injury development. (shrink)

This chapter conceptually analyzes the post-traumatic stress injuries called moral injury, moral fatigue or exhaustion, and broken spirit. It then identifies two puzzles. First, soldiers sometimes sustain moral injury even from doing right actions. Second, they experience moral exhaustion from making decisions even where the morally right choice is so obvious that it shouldn’t be stressful to make it; and even where rightness of decision is so murky that no decision could be morally faulted. The injuries result of mistaken moral (...) self-evaluation. Methods of preventing and treating these injuries are defended, including training in self-forgiveness, moral off-loading of actions and decisions to persons and devices less likely to feel inappropriate guilt, and the use of drugs to prevent such guilt. The foregoing has been about moral injury erroneously resulting from the non-violation of a correct moral code. But the chapter then introduces the concept of moral pseudo-injury—felt moral injury that has in reality resulted from violation of a false moral code, so that no one has really been morally injured. This can be used as a method in warfighting. And since the injuries it produces are illusory, this would be morally superior to physical violence. For it causes less injury to its victims, and should cause less guilt in those who must inflict it. Historical precedents are considered. Finally, our enemies often use moral pseudo-injury against us, in the form of terrorist violence against civilians. Terrorism causes comparatively few harms, yet we mistakenly see it as more morally horrific than conventional combat that causes much worse loss of life among armed forces members. Here we need the nuancing and clarifying power of philosophy to restore a sense of proportion, thence to prevent or therapize the moral pseudo-injury we may experience from these sorts of attacks. (This is a pre-penultimate version of the published version, available from OUP at the external link, which contains minor variances. The paper was earlier known as "PTSD Weaponized: A Theory of Moral Injury"; that now superseded version is archived under "past conferences" on the Center for Ethics and the Rule of Law website.). (shrink)

Though the duties of care owed toward innocents in war and in civil life are at the bottom univocally determined by the same ethical principles, Bazargan-Forward argues that those very principles will yield in these two contexts different “in-practice” duties. Furthermore, the duty of care we owe toward our own innocents is less stringent than the duty of care we owe toward foreign innocents in war. This is because risks associated with civil life but not war (a) often increase the (...) expected welfare of the individuals upon whom the risk is imposed, (b) are often imposed with consent, and (c) are often imposed reciprocally. The conclusion—that we have a pro tanto reason for adopting a more stringent standard of risk imposition toward foreign innocents in war—has implications for not only what standards of risk we should adopt in war, but also how we should weigh domestic versus foreign civilian lives. (shrink)

In a recent article Yvonne Chiu argues that nonuniformed combat is impermissible. However, her argument that by fighting without uniforms nonuniformed guerillas coerce civilians into participating in the armed conflict and thus into surrendering their immunity (their right not to be attacked) fails: there is no coercion, no participation, and no surrendering of immunity. Yet even if this argument of hers were correct, it would still not show that such “coercion” would amount to a rights infringement. Moreover, even (...) if it did, there are examples that show that such an infringement would sometimes be perfectly justified. Finally, if she were right that forcing civilians into a moral position that they have not accepted or chosen is absolutely wrong, then this would affect the moral status of uniformed combatants no less than it would affect the moral status of nonuniformed ones. (shrink)

The aim of this paper is to provide a theoretical framework to understand how multicellular systems realize functionally integrated physiological entities by organizing their intercellular space. From a perspective centered on physiology and integration, biological systems are often characterized as organized in such a way that they realize metabolic self-production and self-maintenance. The existence and activity of their components rely on the network they realize and on the continuous management of the exchange of matter and energy with their environment. One (...) of the virtues of the organismic approach focused on organization is that it can provide an understanding of how biological systems are functionally integrated into coherent wholes. Organismic frameworks have been primarily developed by focusing on unicellular life. Multicellularity, however, presents additional challenges to our understanding of biological systems, related to how cells are capable to live together in higher-order entities, in such a way that some of their features and behaviors are constrained and controlled by the system they realize. Whereas most accounts of multicellularity focus on cell differentiation and increase in size as the main elements to understand biological systems at this level of organization, we argue that these factors are insufficient to provide an understanding of how cells are physically and functionally integrated in a coherent system. In this paper, we provide a new theoretical framework to understand multicellularity, capable to overcome these issues. Our thesis is that one of the fundamental theoretical principles to understand multicellularity, which is missing or underdeveloped in current accounts, is the functional organization of the intercellular space. In our view, the capability to be organized in space plays a central role in this context, as it enables (and allows to exploit all the implications of) cell differentiation and increase in size, and even specialized functions such as immunity. We argue that the extracellular matrix plays a crucial active role in this respect, as an evolutionary ancient and specific (non-cellular) control subsystem that contributes as a key actor to the functional specification of the multicellular space and to modulate cell fate and behavior. We also analyze how multicellular systems exert control upon internal movement and communication. Finally, we show how the organization of space is involved in some of the failures of multicellular organization, such as aging and cancer. (shrink)

McMahan argues that justification defeats liability to defensive attack (which would undermine the thesis of the "moral equality of combatants"). In response, I argue, first, that McMahan’s attempt to burden the contrary claim with counter-intuitive implications fails; second, that McMahan’s own position implies that the innocent civilians do not have a right of self-defense against justified attackers, which neither coheres with his description of the case (the justified bombers infringe the rights of the civilians) nor with his views about rights (...) forfeiture, is unsupported by independent argument, and, in any case, extremely implausible and counter-intuitive; and third, that his interpretation of the insulin case confuses the normative relations between an agent’s justification and non-liability on the one hand and permissible or impermissible interference with the agent’s act on the other. Similar confusions, fourth, affect his discussion of liability to compensation. (shrink)

For non-analytic ethical naturalists, externalism about moral motivation is an attractive option: it allows naturalists to embrace a Humean theory of motivation while holding that moral properties are real, natural properties. However, Michael Smith has mounted an important objection to this view. Smith observes that virtuous agents must have non-derivative motivation to pursue specific ends that they believe to be morally right; he then argues that this externalist view ascribes to the virtuous agent only a direct de dicto desire to (...) do what is morally right, but not a direct motivation to be kind, help those in need, et. I first clarify this “fetishism objection”; I then show how the non-analytical naturalist can provide an understanding of virtuous motivation that is immune to this objection. (shrink)

The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by (...) casting it as a practical concern, a pragmatic worry about implementation, which while germane to debates over the laws of war, need not undermine our convictions in the fundamental principles the revisionists advocate. This response is inadequate. Revisionists have not shown that soldiers should obey the laws of war, in practice, when they conflict with their other moral reasons – our worries about application remain intact. Moreover, a theory of war that offers only an account of the laws of war, and a set of fundamental principles developed in abstraction from feasibility constraints, is radically incomplete. We need to know how to apply those fundamental principles, and whether, when applied, they lead to defensible conclusions. Only two options seem to remain. Perhaps the revisionists’ arguments for their chosen fundamental principles are sufficiently compelling that we should stick with them, and accept their troubling conclusions – in other words, accept pacifism. Alternatively, we need to revise our fundamental principles, so that when applied they yield conclusions that we can more confidently endorse. -/- Though it does not save the revisionist view from the responsibility dilemma and cognate objections, the appeal to law does raise an important, and previously inadequately theorized, question – or, rather, resurrects a neglected topic, discussed in depth by historical just war theorists such as Grotius and Vattel. There are good grounds for distinguishing the laws of war from the morality of war, and for adjusting the former to accommodate predictable noncompliance, that should not impact on our account of the latter. Nonetheless, I have argued that there are some profound moral insights underlying both combatant legal equality and noncombatant immunity: specifically, we cannot infer from a combatant’s side having not satisfied jus ad bellum that he may not justifiably use lethal force; and other things equal, it is more wrongful to harm a nonliable noncombatant than to harm a nonliable combatant. (shrink)

This paper develops a problem for conciliationism that is structurally similar to the self-undermining problem but which is immune to most of the solutions offered against it. A popular objection to conciliationism is that it undermines itself. Given the current disagreement among philosophers about conciliationism, conciliationism seems to require rejecting conciliationism. Adam Elga (2010) has influentially argued that this shows that conciliationism is an incoherent method. By recommending its own rejection, conciliationism recommends multiple, incompatible responses to the same body of (...) experience. Many have offered solutions to this problem, including Elga himself. However, there is another undermining problem. When a peer disagrees about their own peerhood, conciliationism can require the rejection of the peer’s peerhood. The result is that conciliationism recommends two incompatible responses to the same body of experience in a way that parallels the original self-undermining problem. But since many, if not all, of the proposed solutions to the original undermining problem depend on distinctive characteristics of conciliationism undermining itself, they cannot apply to a peer undermining themself. I illustrate this by dividing the solutions that have been offered against the self-undermining problem into two categories: self-exempting solutions and non-exempting solutions. I then show how the proposed solutions under each type do not extend to the peer-undermining problem. If that is right, then conciliationism is faced with a more difficult undermining problem than has been so far acknowledged. (shrink)

In this paper, I argue that what counts as the proper function of a trait is a matter of the de facto perspective that the biological system, itself, possesses on what counts as proper functioning for that trait. Unlike non-perspectival accounts, internal perspectivalism does not succumb to generality problems. But unlike external perspectivalism, internal perspectivalism can provide a fully naturalistic, mind-independent grounding of proper function and natural norms. The attribution of perspectives to biological systems is intended to be neither metaphorical (...) nor anthropomorphic: I do not mean to imply that such systems thereby must possess agency, cognition, intentions, concepts, or mental or psychological states. Instead, such systems provide the grounding for norms of performance when they internally enforce their own standard of (i.e., their own perspective on) what constitutes proper functioning or malfunctioning. By operating with a fixed, determinate level of generality, such systems provide the basis for an account of proper function that is immune to generality problems. (shrink)

The Gettier Problem is the problem of revising the view that knowledge is justified true belief in a way that is immune to Gettier counter-examples. The “Gettier Problem problem”, according to Lycan, is the problem of saying what is misguided about trying to solve the Gettier Problem. In this paper I take up the Gettier Problem problem. I distinguish giving conditions that are necessary and sufficient for knowledge from giving conditions that explain why one knows when one does know. I (...) argue that the problem with the Gettier Problem is that it requires us to articulate conditions that suffice for knowledge even if those conditions are non-explanatory. After defending this view, I take up two related methodological issues, one about the evidence that can be given in favor of an account of knowledge, and one about the role that investigating justification might play in investigating knowledge. (shrink)

Written by a diverse range of scholars, this accessible introductory volume asks: What is implicit bias? How does implicit bias compromise our knowledge of others and social reality? How does implicit bias affect us, as individuals and participants in larger social and political institutions, and what can we do to combat biases? An interdisciplinary enterprise, the volume brings together the philosophical perspective of the humanities with the perspective of the social sciences to develop rich lines of inquiry. It is written (...) in a non-technical style, using relatable examples that help readers understand what implicit bias is, its significance, and the controversies surrounding it. Each chapter includes discussion questions and additional reading suggestions. A companion webpage contains teaching resources. The volume will be an invaluable resource for students—and researchers—seeking to understand criticisms surrounding implicit bias, as well as how one might answer them by adopting a more nuanced understanding of bias and its role in maintaining social injustice. (shrink)

Psychoanalytic self-psychology as outlined by such depth psychologists as Jung, Fordham, Winnicott and Kohut provide a framework for conceptualizing a relationship of complementarity between psychic and immune defence as well as loss of bodily and self integration in disease. Physicist Erwin Schrödinger’s thesis that the so-called “arrow of time” does not necessarily deal a mortal blow to its creator is reminiscent of the concept of timeless dimensions of the unconscious mind and the Self in Analytical Psychology, manifest for instance, in (...) dream content and archetypal symbols. These notions are not only consistent with the concepts of timelessness and meaningful coincidence (synchronicity) in psychoanalysis. They are also implicitly spiritual with intimations of a numinous dimension of the evolutionary process in which humanity participates. This includes the idea that an evolving God becomes conscious through and is completed by humankind in a process (Incarnational) theology which regards the numinous as both immanent and transcendent. And concepts of mind which transcend the individual in a transpersonal sense. The treatment of the psychophysical problem by depth psychologist Carl Jung and physicist Wolfgang Pauli with their notion of the unconscious archetypes as timeless, cosmic ordering and regulating principles creating a bridge between mind and matter in a relationship of complementarity is compatible with such a perspective on the numinous which might in turn be useful for contemporary theology and spirituality. (shrink)

This essay highlights a methodological weakness in Foucault’s genealogy of neoliberalism often mistaken for a biographical shift in his philosophy. Naissance de la biopolitique is sometimes interpreted as evidence for Foucault’s conversion to neoliberalism, whereas its lack of critical acuity stems rather from its methodological limitations. Through a discussion of the “neoliberal conversion”-thesis, I highlight those limitations. Though Foucault’s appreciative tone in his neoliberalism lectures is surprising, his aim is mainly to defamiliarize readers from the dominant mode of neoliberal rationality (...) so that they can affirm the creative potential to foster new conducts, new identities, and new rationalities. Foucault did not convert to neoliberalism, but sought to destabilise it by revealing its historical contingency. However, as Foucault’s surprisingly positive tone shows, this strategy is insufficient for combatting neoliberalism. There is an elective affinity between Foucault’s own politics of creative self-reinvention and neoliberalism’s promise of a non-invasive, post-disciplinary government by indirect economic incentives alone. Foucault’s libertine stance toward subjectivity hence seems easily integrated into a neoliberal conduct of conducts. I propose to supplement Foucault’s genealogical method as he deploys it in Naissance de la biopolitique with an immanent critique of neoliberalism from the perspective of the governed. Rather than investigating neoliberal rationality as a promising endeavour for the future, we can study the real-life implementations of neoliberalism and their effects on subjective conducts. Neoliberal rationality is involved in a permanent struggle to shape the conduct of conducts along entrepreneurial and competitive lines, but subjects are refractory living beings whose conducts are not so simply transformed. Neoliberalism has had to give up its post-disciplinary aspirations and turn to the power of discipline and abandonment to enforce neoliberal norms of conduct. Neoliberalism has transformed into a negative biopolitics that sacrifices the lives of unproductive subjects as collateral damage to the overall welfare of the population. Immanent critique thereby reveals how subjects are pushed beyond their limits until neoliberal norms of conduct become unbearable. This intolerability of neoliberalism cannot be directly deduced from the writings of Becker, Friedman, or Hayek.111 It becomes manifest in the confrontation between neoliberal rationality and the material living bodies of finite human beings unable to be stretched in the ways neoliberalism requires. (shrink)