There are two opposing views concerning intuitive cases of wage exploitation. The first denies that they are cases of exploitation at all. It is based on the nonworseness claim: there is nothing wrong with a discretionary mutually beneficial employment relationship. The second is the reasonable view: some employment relationships can be exploitative even if employers have no duty towards their employees. This article argues that the reasonable view does not completely defeat defences of wage exploitation, because these do (...) not rely solely on the nonworseness claim. They also rely on the idea, popularised by Alan Wertheimer, that exploitation is a form of disequilibrium price occurring in defective markets. The article then proceeds to criticise Wertheimer’s account through neoclassical, new institutional, and Austrian economics. It concludes that considerations for economic efficiency are irrelevant to assessing intuitions regarding exploitation. (shrink)

How could it be wrong to exploit—say, by paying sweatshop wages—if the exploited party benefits? How could it be wrong to do something gratuitously bad—like giving to a wasteful charity—if that is better than permissibly doing nothing? Joe Horton argues that these puzzles, known as the Exploitation Problem and All or Nothing Problem, have no unified answer. I propose one and pose a challenge for Horton’s take on the Exploitation Problem.

Does individual desert matter for distributive justice? Is it relevant, for purposes of justice, that the pattern of distribution of justice’s “currency” (be it well-being, resources, preference-satisfaction, capabilities, or something else) is aligned in one or another way with the pattern of individual desert? -/- This paper examines the nexus between desert and distributive justice through the lens of individual claims. The concept of claims (specifically “claims across outcomes”) is a fruitful way to flesh out the content of distributive justice (...) so as to be grounded in the separateness of persons. A claim is a relation between a person and a pair of outcomes. If someone is better off in one outcome than a second, she has a claim in favor of the first. If she is equally well off in the two outcomes, she has a null claim between the two. In turn, whether one outcome is more just than a second depends upon the pattern of claims between them. -/- In prior work, I have elaborated the concept of claims across outcomes, and have used it to provide a unified defense of the Pareto and Pigou-Dalton axioms. Adding some further, plausible, axioms, we arrive at prioritarianism. -/- Here, I consider the possibility of desert-modulated claims—whereby the strength of an individual’s claim between two outcomes is determined not only by her well-being levels in the two outcomes, and her well-being difference between them, but also by her desert. This generalization of the notion of claims suggests a new axiom of justice: Priority for the More Deserving, requiring that, as between two individuals at the same well-being level, a given increment in well-being be allocated to the more deserving one. -/- If individual desert is intrapersonally fixed, this new axiom, together with a desert-modulated version of the Pigou-Dalton principle, and the Pareto axioms, yields a desert-modulated prioritarian account of distributive justice. Trouble arises, however, if an individual’s desert level can be different in different outcomes. In this case of intrapersonally variable desert, Priority for the More Deserving can conflict with the Pareto axioms (both Pareto indifference and strong Pareto). -/- This conflict, I believe, is sufficient reason to abandon the proposal to make claim strength a function of individual desert on top of well-being levels and differences. If distributive justice is truly sensitive to each individual’s separate perspective—if the justice ranking of outcomes is built up from the totality of individual rankings—we should embrace the Pareto axioms as axioms of justice and reject Priority for the More Deserving. In short: desert-modulated prioritarianism is a nonstarter. Rawls was right to sever distributive justice from desert. (shrink)

Claims are universal when they are not dependent on when and where they are made. Mathematics and the natural sciences are the typical disciplines that allow such claims to be made. Is the striving for universal claims in other disciplines justified? Those who attempt to answer this question in the affirmative often argue that it is justified when mathematics and the natural sciences are taken as the model for other disciplines. In this paper I challenge this position and analyze the (...) issue by looking at it from a new angle, a perspective that involves two key concepts: violence and loyalty. The result of this analysis throws light on the broader question concerning what the search for truth might mean in a pluralistic world. (shrink)

The scale and character of past injustice can seem overwhelming. Grievous wrongdoing characterizes so much of human history, both within and between different political communities. This raises a familiar question of reparative justice: what is owed in the present as a result of the unjust actions of the past? This article asks what should be done in situations where contemporary debts stemming from past injustice are massive in scale, and seemingly call for nonideal resolution or settlement. Drawing on recent work (...) by Sara Amighetti and Alasia Nuti on deliberative reparative processes, the article differentiates between two different approaches to settling claims for reparation. The first pursues settlement in a legal or quasi legal sense, seeking to close a matter through discussion, compromise, and bargaining in such a way as to maximize one’s interest while drawing a line under the events in question. The second is grounded not in one’s own interest but in an acknowledgement of the inevitable inadequacy of one’s reparative response. Such an approach to settlement centres the agency of the individuals and groups harmed by past wrongdoing. The article examines the reparations issue with reference to a range of recent cases of alleged settlement, including claims for reparation for torture by the British army in Kenya in the 1950s, for sexual slavery by the Japanese Imperial Army in East Asia in the Second World War, and for genocide by German colonial forces between 1904 and 1908. (shrink)

Amy Gutmann and Dennis Thompson’s theory of deliberative democracy has been widely influential and favorably viewed by many as a successful attempt to combine procedural and substantive aspects of democracy, while remaining quintessentially liberal. Although I admit that their conception is one of the strongest renditions of liberal democracy, I argue that it is inadequate in radically multicultural societies that house non-liberal cultural minorities. By focusing on Gutmann’s position on minority claims of culture in the liberal West, which follows from (...) Gutmann and Thompson’s theory of deliberative democracy, I attempt to show that the theory of deliberative democracy does not do justice to legitimate claims of culture made by nonliberal minority cultural groups in the liberal West. As a result, I further argue that their deliberative democracy itself is inadequate for radically diverse societies in the West, some of whose members also belong to nonliberal minority cultural groups. (shrink)

Contrastivism about reasons is the view that ‘reason’ expresses a relation with an argument place for a set of alternatives. This is in opposition to a more traditional theory on which reasons are reasons for things simpliciter. I argue that contrastivism provides a solution to a puzzle involving reason claims that explicitly employ ‘rather than’. Contrastivism solves the puzzle by allowing that some fact might be a reason for an action out of one set of alternatives without being a reason (...) for that action out of a different set of alternatives. (shrink)

Many philosophers claim that it is always intrinsically good when people get what they deserve and that there is always at least some reason to give people what they deserve. I highlight problems with this view and defend an alternative. I have two aims. First, I want to expose a gap in certain desert-based justifications of punishment. Second, I want to show that those of us who have intuitions at odds with these justifications have an alternative account of desert (...) at our disposal – one that may lend our intuitions more credibility. (shrink)

Particular persons have claims against being made worse off than they could have been. The literature, however, has focused primarily on only two-option cases; yet, these cases fail to capture all of the morally relevant factors, especially when a person’s existence is in question. This paper explores how to assess claims in multiple-option choice sets. We scrutinize the only extant proposal, offered by Michael Otsuka, which we call the Weakening View. In light of its problems, we develop an alternative: the (...) Combining View. The Weakening View holds that a person’s claim against a loss of well-being relative to one distribution is weakened by the availability of further alternatives relative to which the person gains well-being. By contrast, our view holds that a person has an overall claim for or against a certain distribution relative to the whole option set, where overall claims are second-order functions of the different pairwise claims. Finally, we defend the Combining View by exploring its implications for the impact of a person’s possible non-existence on their overall claims, and we develop a proposal for how the number of distributions relative to which a person gains or loses welfare influences the strength of their overall claims. (shrink)

I here settle a recent dispute between two rival theories in distributive ethics: Restricted Prioritarianism and the Competing Claims View. Both views mandate that the distribution of benefits and burdens between individuals should be justifiable to each affected party in a way that depends on the strength of each individual’s separately assessed claim to receive a benefit. However, they disagree about what elements constitute the strength of those individuals’ claims. According to restricted prioritarianism, the strength of a claim (...) is determined in ‘prioritarian’ fashion by both what she stands to gain and her absolute level of well-being, while, according to the competing claims view, the strength of a claim is also partly determined by her level of well-being relative to others with conflicting interests. I argue that, suitably modified, the competing claims view is more plausible than restricted prioritarianism. (shrink)

While epistemic democrats have claimed that majority rule recruits the wisdom of the crowd to identify correct answers to political problems, the conjecture remains abstract. This article illustrates how majority rule leverages the epistemic capacity of the electorate to practically enhance the instrumental value of elections. To do so, we identify a set of sufficient conditions that effect such a majority rule mechanism, even when the decision in question is multidimensional. We then look to the case of sociotropic economic voting (...) in US presidential elections to provide empirical tractability for these conditions. We find that absent such an epistemic capacity a number of presidential elections might well have been decided differently. By generating clear conditions for the plausibility of claims made by epistemic democrats, and demonstrating their correspondence to empirical data, this article strengthens the broader instrumental grounds recommending democracy. (shrink)

A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these rights and their correlative duties, (...) while remaining neutral on substantive moral debates. I argue that socioeconomic-consideration human rights are satisfactorily claimable and sufficiently practical. (shrink)

In this work we consider the problem of the approximate hedging of a contingent claim in the minimum mean square deviation criterion. A theorem on martingale representation in case of discrete time and an application of the result for semi-continuous market model are also given.

Marya Schechtman has raised a series of worries for the Psychological Continuity Theory of personal identity (PCT) stemming out of what Derek Parfit called the ‘Extreme Claim’. This is roughly the claim that theories like it are unable to explain the importance we attach to personal identity. In her recent Staying Alive (2014), she presents further arguments related to this and sets out a new narrative theory, the Person Life View (PLV), which she sees as solving the problems (...) as well as bringing other advantages over the PCT. I look over some of her earlier arguments and responses to them as a way in to the new issues and theory. I argue that the problems for the PCT and advantages that the PLV brings are all merely apparent, and present no reason for giving up the former for the latter. (shrink)

This paper is not so much concerned with the question under which circumstances self-defense is justified, but rather with other normative features of self-defense as well as with the source of the self-defense justification. I will argue that the aggressor’s rights-forfeiture alone – and hence the liberty-right of the defender to defend himself – cannot explain the intuitively obvious fact that a prohibition on self-defense would wrong victims of attack. This can only be explained by conceiving of self-defense also as (...) a claim-right. However, I will also argue that a claim-right cannot ground the self-defense justification either. Rather, what grounds the self-defense justification and its particular strength and scope is the fact that self-defense is an act-specific agent-relative prerogative: a defender is allowed to give particularly grave weight to his interest in engaging in self-defense, which distinguishes self-defense from most other acts. This is not the same as saying that he has a right or a liberty to engage in self-defense. Thus, self-defense, understood as a normative concept, is a claim-right, a liberty-right, and an act-specific agent-relative prerogative. (shrink)

The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the (...) normative critique of LCA, focusing predominantly on the arguments presented by its most incisive proponent Philip Soper. I defend a twofold conclusion. First, LCA, understood roughly along the lines put forward by Joseph Raz, is part of the most attractive analysis of law. Second, proponents of the normative critique, and in particular Soper, are committed to accepting LCA. (shrink)

Many philosophers and jurists believe that individuals should sometimes be granted religiouslygrounded exemptions from laws or rules. To determine whether an exemption is merited in a particular case, the religious claim must be weighed against the countervailing values that favour the uniform application of the law or rule. This paper develops and applies a framework for assessing the weight of religious claims to exemption, across two dimensions. First, the importance of the burdened religious practice, which is determined by its (...) level of obligatoriness and centrality, according to the beliefs of the individual claimant. Second, the extent of the burden on the practice, which depends on the cost the individual bears if she both undertakes the religious practice and obeys the law or rule, where costs are assessed using an impartial account of individual interests. Exemptions should be granted when claims are weighty on either of these dimensions and the countervailing value is relatively weak. The final section of the paper responds to an important objection to this approach, which concerns administrability. (shrink)

Two goals - improving replicability and accountability of Machine Learning research respectively, have accrued much attention from the AI ethics and the Machine Learning community. Despite sharing the measures of improving transparency, the two goals are discussed in different registers - replicability registers with scientific reasoning whereas accountability registers with ethical reasoning. Given the existing challenge of the Responsibility Gap - holding Machine Learning scientists accountable for Machine Learning harms due to them being far from sites of application, this paper (...) posits that reconceptualizing replicability can help bridge the gap. Through a shift from model performance replicability to claim replicability, Machine Learning scientists can be held accountable for producing non-replicable claims that are prone to eliciting harm due to misuse and misinterpretation. In this paper, I make the following contributions. First, I define and distinguish two forms of replicability for ML research that can aid constructive conversations around replicability. Second, I formulate an argument for claim-replicability's advantage over model performance replicability in justifying assigning accountability to Machine Learning scientists for producing non-replicable claims and show how it enacts a sense of responsibility that is actionable. In addition, I characterize the implementation of claim replicability as more of a social project than a technical one by discussing its competing epistemological principles, practical implications on Circulating Reference, Interpretative Labor, and research communication. (shrink)

When Neil MacCormick, in the wake of the launch of the Maastricht Treaty on European Union, went “beyond the Sovereign State” in 1993, he fundamentally challenged the heretofore dominant paradigm of legal ordering in the European context which considered law to be singular, unified and confined within sovereign nation states. The original insight of MacCormick might, however, be pushed even further, as a historical re-construction reveals that legal pluralism is not only a trademark of recent historical times, marked by the (...) European integration process, but has also been at the very core of legal evolution in Europe throughout its modern history. The introduction of modern law in Europe can be traced back to the eleventh and twelfth century Investiture Conflict between the Church and the Emperor, a conflict which solidified the existence of two parallel universes of law, one Church-based and one empire-based, both of which rested, in principle, upon mutually exclusive claims to superiority, but which nonetheless became institutionally stabilized in a manner which allowed for mutual co-existence between them. The existence of such parallel universes of law has throughout, also in the “Westphalian world”, been a central characteristic of European law. It is suggested that the current constellation between the EU and its Member States should be viewed in this light. (shrink)

A common response to claims of bias, harassment, or discrimination is to say that these claims are made in bad faith. Claimants are supposedly not motivated by a credible or even sincere belief that unfair or unequal treatment has occurred, but simply seek to illicitly gain public sympathy or private reward. Characterizing discrimination claims as systematically made in bad faith enables them to be screened and dismissed prior to engaging with them on their merits. This retort preserves the dominant group’s (...) self-image as unprejudiced and innocent without having to risk critical analysis of the claim’s substance. (shrink)

Recently, researchers and reporters have made a wide range of claims about the distribution, nature, and societal impact of political polarization. Here I offer reasons to believe that, even when they are correct and prima facie merely descriptive, many of these claims have the highly negative side effect of increasing political polarization. This is because of the interplay of two factors that have so far been neglected in the work on political polarization, namely that (1) people have a tendency to (...) conform to descriptive norms (i.e., norms capturing (perceptions of) what others commonly do, think, or feel), and (2) claims about political polarization often convey such norms. Many of these claims thus incline people to behave, cognize, and be affectively disposed in ways that contribute to social division. But there is a silver lining. People’s tendency to conform to descriptive norms also provides the basis for developing new, experimentally testable strategies for counteracting political polarization. I outline three. (shrink)

Plakias has recently argued that there is nothing wrong with publishing defences of philosophical claims which we don't believe and also nothing wrong with concealing our lack of belief, because an author's lack of belief is irrelevant to the merit of a published work. Fleisher has refined this account by limiting the permissibility of publishing without belief to what he calls ‘advocacy role cases’. I argue that such lack of belief is irrelevant only if it is the result of an (...) inexplicable incredulity or the result of a metaphilosophical or epistemic stance that is unrelated to the specific claim. However, in many real-life cases, including Fleisher's advocacy role cases, our doubts regarding the claims we defend arise from reasons that have something to do with the insufficiency of the philosophical evidence supporting the claim, and publishing an unconditional defence of a claim without revealing our doubts is impermissible as it involves withholding philosophically relevant reasons. Plakias has also argued that discouraging philosophers from publishing claims they don't believe would be unfair to junior philosophers with unsettled views. I propose that we should change our academic practices that pressure philosophers to publish articles that pretend to be defences of settled views. (shrink)

The scope and type of property rights recognized over the effectiveness of antibiotics have a direct effect on how those claiming ownership engage in the exploitation and stewardship of this scarce resource. We examine the different property claims and rights the four major interest groups are asserting on antibiotics: (i) the inventors, (ii) those demanding that the resource be treated like any other transferable commodity, (iii) those advocating usage restrictions based on good stewardship principles and (iv) those considering the resource (...) as common heritage of humankind. (shrink)

This paper argues for a conception of the natural rights of non-human animals grounded in Kant’s explanation of the foundation of human rights. The rights in question are rights that are in the first instance held against humanity collectively speaking—against our species conceived as an organized body capable of collective action. The argument proceeds by first developing a similar case for the right of every human individual who is in need of aid to get it, and then showing why the (...) situation of animals is similar. I first review some of the reasons why people are resistant to the idea that animals might have rights. I then explain Kant’s conception of natural rights. I challenge the idea that duties of aid and duties of kindness to animals fit the traditional category of “imperfect duties” and argue that they are instead cases of “imperfect right.” I explain how you can hold a right against a group, and why it is legitimate to conceive of humanity as such a group. I then argue that Kant’s account of the foundation of property rights is grounded in a conception of the common possession of the Earth that grounds a right to aid and the rights of animals to be treated in ways that are consistent with their good. Finally, I return to the objections to the idea that animals have rights and offer some responses to them. (shrink)

Captured in narrative textual form through open-ended and tape-recorded interview conversations, visitor experience was interpreted to construct a description of visitors' relationships to place while at the same time providing insights for those who manage the national park. Humans are conceived of as meaning-makers, and outdoor recreation is viewed as emergent experience that can enrich peoples' lives rather than a predictable outcome of processing information encountered in the setting. This process-oriented approach positions subjective well-being and positive experience in the ongoing (...) processes and activities that comprise our life pursuits rather than in particular end states toward which behaviors might be directed as in the case of end state frameworks. Several themes emerged in the interpretation across narratives including a relationship of stewardship/sense of respectful mitigation, socially constructed dimensions of the wilderness concept, which both converged with and deviated from definitions in The Wilderness Act of 1964, humans positioned as both part of wilderness and separate from it, description of a process whereby people form a relationship to protected places, and an awareness among visitors of the overarching management dilemma of how to balance human visitation with protection. Management insights and general implications that emerged from the overall interpretation such as using narrative illustration to enhance visitor education were summarized. It is suggested that the particularities of the setting, in conjunction with the process-oriented creation of meaning via varying levels of physical and social interaction with the setting each play important roles, perhaps at different times, for visitors' relationships to places within the Park. The process of forming long-term relationships to places is highlighted as the common thread running through the interpretation. The value of the national park is seen to lie in these relationships, which are time and context dependent, not necessarily in the attributes of the park, many of which are generic to other protected areas in North America. The dissertation concluded with an evaluation of this interpretation based on these implications and insights and provided direction for further research to learn about the processes involved with forming relationships to protected places. (shrink)

This article discusses an anomaly in the English law of reproductive liability: that is, an inconsistency between the law’s approach to wrongful life claims and its approach to cases of negligent selection of gametes or embryos in infertility treatments (the selection cases). The article begins with an account of the legal position, which brings into view the relevant inconsistency: while the law treats wrongful life claims as non- actionable, it recognises a cause of action in the selection cases, although the (...) selection cases bear a relevant resemblance to wrongful life claims. The article then considers arguments that may be invoked in an attempt to reconcile the above two strands of the law. Three of these counterarguments consist in attempts to distinguish the selection cases from wrongful life claims. It is argued that these attempts fail to reveal a valid basis for treating these situations differently. A fourth possible counterargument levels against the present analysis a charge of reductio ad absurdum. It is shown that this argument suffers from a fundamental flaw caused by confusion between different senses of the term “identity”. Finally, the article discusses possible changes to the legal position that could rectify the problem. It argues that one of these changes, which focuses on legal redress for violation of personal autonomy, is particularly apt to resolve the problem at hand, but also highlights the need for further inquiry into the broader implications of introducing this form of redress into the law of torts. (shrink)

Leibniz claimed that the universe, if God-created, would be physically and morally optimal in this conjoint sense: Of all possible worlds, it would be richest in phenomena, but its richness would arise from the simplest physical laws and conditions. This claim raises two difficult questions. First, why would this “richest/simplest” world be morally optimal? Second, what is the optimal balance between these competing criteria? The latter question is especially hard to answer in the context of a multiverse or multi-domain (...) universe. Leibniz focused on goodness as God’s motive in creation. “This is the cause of the existence of the best: that his wisdom makes it known to God, his goodness makes him choose it, and his power lets him produce it.” This article suggests that love is God’s motive. Since love entails acting to both benefit and be with the beloved, limitless love would entail God’s becoming as much unified reality as possible. The physical laws that govern the universe and its vast richness of phenomena appear to be those that we should expect if this claim is true and there are ways of testing the closeness of this fit. The claim that God has become the world (pandeism) also offers a satisfying resolution to the problem of evil. (shrink)

Indicative conditionals and tendency causal claims are closely related (e.g., Frosch and Byrne, 2012), but despite these connections, they are usually studied separately. A unifying framework could consist in their dependence on probabilistic factors such as high conditional probability and statistical relevance (e.g., Adams, 1975; Eells, 1991; Douven, 2008, 2015). This paper presents a comparative empirical study on differences between judgments on tendency causal claims and indicative conditionals, how these judgments are driven by probabilistic factors, and how these factors differ (...) in their predictive power for both causal and conditional claims. (shrink)

Slavery harmed the slaves but not their descendants since slavery brought about their existence. The descendants gain the slaves’ claims via inheritance. However, collecting the inheritance-based claim runs into a number of difficulties. First, every descendant usually has no more than a portion of the slave’s claim because the claim is often divided over generations. Second, there are epistemic difficulties involving the ownership of the claim since it is unlikely that a descendant of a slave several (...) generations removed would have retained the claim of inheritance given the loss of wealth and disinheritance that often characterizes families. There are also problems in determining the amount of inheritance. This is in part because of the problems of calculating in the effects of offsets, especially crime-related offsets, which are owed by a significant portion of the descendants. Even if this inheritance claim can be established with sufficient confidence certain entities may not be asked to pay it. The federal government does not owe compensation since as a historical matter it permitted but did not cause enslavement. The beneficiaries of slavery do not owe compensation since merely receiving the benefit of an unjust activity does not by itself generate a debt of compensation. When combined these problems constitute an overwhelming case against reparations. (shrink)

The claim has often been made that passing the Turing Test would not be sufficient to prove that a computer program was intelligent because a trivial program could do it, namely, the “Humongous-Table (HT) Program”, which simply looks up in a table what to say next. This claim is examined in detail. Three ground rules are argued for: (1) That the HT program must be exhaustive, and not be based on some vaguely imagined set of tricks. (2) That (...) the HT program must not be created by some set of sentient beings enacting responses to all possible inputs. (3) That in the current state of cognitive science it must be an open possibility that a computational model of the human mind will be developed that accounts for at least its nonphenomenological properties. Given ground rule 3, the HT program could simply be an “optimized” version of some computational model of a mind, created via the automatic application of program-transformation rules [thus satisfying ground rule 2]. Therefore, whatever mental states one would be willing to impute to an ordinary computational model of the human psyche one should be willing to grant to the optimized version as well. Hence no one could dismiss out of hand the possibility that the HT program was intelligent. This conclusion is important because the Humongous-Table Program Argument is the only argument ever marshalled against the sufficiency of the Turing Test, if we exclude arguments that cognitive science is simply not possible. (shrink)

In “Stereotyping as Discrimination: Why Thoughts Can Be Discriminatory,” I propose that stereotyping someone—even if you manage to keep your thoughts hidden and don’t act on them—can constitute a form of discrimination (2021b). What, Alex Madva asks, are the practical implications of this claim? Even if I am correct that stereotyping constitutes a form of discriminatory treatment, it’s still possible that people should keep on speaking and acting as if “discrimination” refers exclusively to behaviors and policies. He invites me (...) to explore the “potential payoffs and perils” of referring to thoughts and perceptions as discriminatory, especially as they relate to legal practice and social-scientific inquiry (2021, 46). (shrink)

Raftopoulos’s most recent book argues, among other things, for the cognitive impenetrability of early vision. Before we can assess any such claims, we need to know what’s meant by “early vision” and by “cognitive penetration”. In this contribution to this book symposium, I explore several different things that one might mean – indeed, that Raftopoulos might mean – by these terms. I argue that whatever criterion we choose for delineating early vision, we need a single criterion, not a mishmash of (...) distinct criteria. And I argue against defining cognitive penetration in partly epistemological terms, although it is fine to offer epistemological considerations in defending some definitions as capturing something of independent interest. Finally, I raise some questions about how we are to understand the “directness” of certain putative cognitive influences on perception and about whether there’s a decent rationale for restricting directness in the way that Raftopoulos apparently does. (shrink)

While environmental claims are increasingly used by companies to appeal consumers, they also attract greater scrutiny from independent parties interested in consumer protection. Consumers are now able to compare corporate environmental claims against external, often disconfirming, information to form their brand attitudes and purchase intentions. What remains unclear is how the level of information specificity of both the environmental claims and external disconfirming information interact to influence consumer reactions. Two experiments address this gap in the CSR communication literature. When specific (...) claims are countered by specific external information, consumers report more negative brand attitudes and lower purchase intentions. The effect is serially mediated by skepticism toward the claims and lack of corporate credibility. We conclude by discussing strategies that firms can utilize to avoid information dilution and ensure that external disconfirming information percolates to consumers as specific. (shrink)

Is it tautological to call an action "wrongful discrimination?" Some philosophers and political theorists answer this question in the affirmative and claim that the term "discrimination" is intrinsically evaluative. Others agree that "discrimination" usually conveys the action’s moral wrongness but claim that the term can be used in a purely descriptive way. In this paper, we present two corpus studies and two experiments designed to test whether the folk concept of discrimination is evaluative. We demonstrate that the term (...) has undergone a historical development and is nowadays no longer used purely descriptively. Further, we show that this evaluation cannot be cancelled without yielding a contradiction. We conclude that the descriptive use of "discriminatory" is a thing of the past. (shrink)

The underdetermination of theory by evidence is supposed to be a reason to rethink science. It is not. Many authors claim that underdetermination has momentous consequences for the status of scientific claims, but such claims are hidden in an umbra of obscurity and a penumbra of equivocation. So many various phenomena pass for `underdetermination' that it's tempting to think that it is no unified phenomenon at all, so I begin by providing a framework within which all these worries can (...) be seen as species of one genus: A claim of underdetermination involves (at least implicitly) a set of rival theories, a standard of responsible judgment, and a scope of circumstances in which responsible choice between the rivals is impossible. Within this framework, I show that one variety of underdetermination motivated modern scepticism and thus is a familiar problem at the heart of epistemology. I survey arguments that infer from underdetermination to some reëvaluation of science: top-down arguments infer a priori from the ubiquity of underdetermination to some conclusion about science; bottom-up arguments infer from specific instances of underdetermination, to the claim that underdetermination is widespread, and then to some conclusion about science. The top-down arguments either fail to deliver underdetermination of any great significance or (as with modern scepticism) deliver some well-worn epistemic concern. The bottom-up arguments must rely on cases. I consider several promising cases and find them to either be so specialized that they cannot underwrite conclusions about science in general or not be underdetermined at all. Neither top-down nor bottom-up arguments can motivate any deep reconsideration of science. (shrink)

Logical empiricism is commonly seen as a counter-position to scientific realism. In the present paper it is shown that there indeed existed a realist faction within the logical empiricist movement. In particular, I shall point out that at least four types of realistic arguments can be distinguished within this faction: Reichenbach’s ‘probabilistic argument,’ Feigl’s ‘pragmatic argument,’ Hempel’s ‘indispensability argument,’ and Kaila’s ‘invariantist argument.’ All these variations of arguments are intended to prevent the logical empiricist agenda from the shortcomings of radical (...) positivism, instrumentalism, and other forms of scientific antirealism. On the whole, it will be seen that logical empiricism and scientific realism are essentially compatible with each other. Especially Kaila’s invariantist approach to science (and nature) comes quite close to what nowadays is discussed under the label ‘structural realism.’ This, in turn, necessitates a fundamental reevaluation of Kaila’s role in the logical empiricist movement in particular and in twentieth-century philosophy of science in general. (shrink)

This essay reviews the domain of the literary contrasting it with other intellectual discourses; especially philosophy. It establishes the superiority of literature over philosophy. And mentions the philosophies informing literature. The essay is written consciously with copious endnotes, contrary to current ways of writing. The essay proper is simple; the endnotes often mock jargon and mimic pedantry.

When Neil MacCormick, in the wake of the launch of the Maastricht Treaty on European Union, went “beyond the Sovereign State” in 1993, he fundamentally challenged the heretofore dominant paradigm of legal ordering in the European context which considered law to be singular, unified and confined within sovereign nation states. The original insight of MacCormick might, however, be pushed even further, as a historical re-construction reveals that legal pluralism is not only a trademark of recent historical times, marked by the (...) European integration process, but has also been at the very core of legal evolution in Europe throughout its modern history. The introduction of modern law in Europe can be traced back to the eleventh and twelfth century Investiture Conflict between the Church and the Emperor, a conflict which solidified the existence of two parallel universes of law, one Church-based and one empire-based, both of which rested, in principle, upon mutually exclusive claims to superiority, but which nonetheless became institutionally stabilized in a manner which allowed for mutual co-existence between them. The existence of such parallel universes of law has throughout, also in the “Westphalian world”, been a central characteristic of European law. It is suggested that the current constellation between the EU and its Member States should be viewed in this light. (shrink)

Against interpretations of Kant that would assimilate the universality claim in judgments of taste either to moral demands or to theoretical assertions, I argue that it is for Kant a normative requirement shared with ordinary empirical judgments. This raises the question of why the universal agreement required by a judgment of taste should consist in the sharing of a feeling, rather than simply in the sharing of a thought. Kant’s answer is that in a judgment of taste, a feeling (...) assumes the role of predicate. Such a solution presents a problem as serious as the one it purports to solve. (shrink)

Many believe that we ought to save a large number from being permanently bedridden rather than save one from death. Many also believe that we ought to save one from death rather than a multitude from a very minor harm, no matter how large this multitude. I argue that a principle I call “Aggregate Relevant Claims” satisfactorily explains these judgments. I offer a rationale for this principle and defend it against objections.

In this paper I will discuss two aspects of ignorance of the law: ignorance of illegality (including mistaking the law) and ignorance of the penalty; and I will look at the implications for natives, for tourists and for immigrants. I will argue that Carlos Nino's consensual theory of punishment need to rely on two premises in order to justify that (claiming) ignorance of the law is no excuse. The first premise explains why individuals are presumed to 'know' current laws. The (...) second premise explains why individuals are presumed to 'know' new legislation. (shrink)

This essay delves into the essentialities of object-giving sources within the formulation of epistemic objectivity. It explores the relationship between objectivity and intentional states, particularly in the context of immediate and transcendent experiences. A key focus of this paradigm is the examination of inferences and how they are held in X’s intentional processes. These claims about inferences contribute to the perception of objectivity by highlighting the epistemological transitions of things that occur in the constitutive ideation. Additionally, the activity within X’s (...) episteme leads to significant articulations that reflect a structural realism of experiences. The essay also introduces a convention of the experiential-intentional process so that the causality manipulations could be avoided by the precents of sources of ideation. In this instance, the central niche is occupied by transcendental reflections of intentionality, which are fundamentally founded on experiences and objectivity, and they possess a distinct rhetorical quality. They manifest as acts, propositional forms, and constituents, all of which contribute to the understanding and justification of objectivity. To establish such a framework that upholds objectivity, certain prerequisites must be met. Firstly, the framework must possess justificational resources that prevent causality manipulations. Secondly, pre-reflective sources should not inter-define causality in epistemic circumstances, although this does not exclude the emergence of causal relations, and thus this approach offers a correlational explanation. Lastly, transcendental reflections should remain compatible with the experiential-intentional process, allowing for the accommodation of subjectivity in the justification of objectivity. (shrink)

This critical review aims to more fully situate the claim Martin Heidegger makes in ‘Letter on Humanism’ that a “productive dialogue” between his work and that of Karl Marx is possible. The prompt for this is Paul Laurence Hemming’s recently published Heidegger and Marx: A Productive Dialogue over the Language of Humanism (2013) which omits to fully account for the historical situation which motivated Heidegger’s seemingly positive endorsement of Marxism. This piece will show that there were significant external factors (...) which influenced Heidegger’s claim and that, when seen within his broader corpus, these particular comments in “Letter on Humanism” are evidently disingenuous, given that his general opinion of Marxism can only be described as vitriolic. Any attempt to explore how such a “productive dialogue” could be construed must fully contextualise Heidegger’s claim for it. This piece will aim to do that, and more broadly explore Heidegger’s general opinion of Marxism. (shrink)

In this paper I present an overview of the doctrine known as Positive Aesthetics regarding aesthetic judgements about nature. According to this view, all pristine nature is always beautiful and, generally, although not necessarily, human intervention tends to introduce ugliness in nature. One of the strong practical motivations behind this claim is an attempt to ground our reasons to preserve natural environments in aesthetic reasons. Positive Aesthetics has been defended within contrary approaches to nature appreciation such as the cognitivists (...) and the anti-cognitivist. Recently, the possibility of real ugliness in nature has been defended; at the same time, it is argued that the presence of ugly items in nature does not lead necessarily to the idea that they are not aesthetically valuable. Hence, natural ugliness can be a reason to preserve nature. In this sense, the denial of the Positive Aesthetics claim is shown to be compatible with the appeal to aesthetic negative qualities as a source of reasons for preserving natural environments. (shrink)

In this work, we consider the problem of the approximate hedging of a contingent claim in the minimum mean square deviation criterion. A theorem on martingaỉe representation in the case of discrete time and an application of obtained result for semi-continous market model are given.

John Broome has proposed a theory of fairness according to which fairness requires that agents’ claims to goods be satisfied in proportion to the relative strength of those claims. In the case of competing claims for a single indivisible good, Broome argues that what fairness requires is the use of a weighted lottery as a surrogate to satisfying the competing claims: the relative chance of each claimant's winning the lottery should be set to the relative strength of each claimant's (...) class='Hi'>claim. In this journal, James Kirkpatrick and Nick Eastwood have objected that the use of weighted lotteries in the case of indivisible goods is unacceptable. In this article, I explain why Kirkpatrick and Eastwood's objection misses its mark. (shrink)

ABSTRACTHow do micro cases lead us to surprising macro claims? Historians often say that the micro level casts light on the macro level. This metaphor of “casting light” suggests that the micro does not illuminate the macro straightforwardly; such light needs to be interpreted. In this essay, I propose and clarify six interpretive norms to guide micro‐to‐macro inferences.I focus on marginal groups and monsters. These are popular cases in social and cultural histories, and yet seem to be unpromising candidates for (...) generalization. Marginal groups are dismissed by the majority as inferior or ill‐fitting; their lives seem intelligible but negligible. Monsters, on the other hand, are somehow incomprehensible to society and treated as such. First, I show that, by looking at how a society identifies a marginal group and interacts with it, we can draw surprising inferences about that society's self‐image and situation. By making sense of a monster's life, we can draw inferences about its society's mentality and intelligibility. These will contest our conception of a macro claim. Second, I identify four risks in making such inferences — and clarify how norms of coherence, challenge, restraint, connection, provocation, and contextualization can manage those risks.My strategy is to analyze two case studies, by Richard Cobb, about a band of violent bandits and a semi‐literate provincial terrorist in revolutionary France. Published in 1972, these studies show Cobb to be an inventive and idiosyncratic historian, who created new angles for studying the micro level and complicated them with his autobiography. They illustrate how a historian's autobiographical, literary, and historiographical interests can mix into a risky, and often rewarding, style. (shrink)

We investigate claims about the frequency of "know" made by philosophers. Our investigation has several overlapping aims. First, we aim to show what is required to confirm or disconfirm philosophers’ claims about the comparative frequency of different uses of philosophically interesting expressions. Second, we aim to show how using linguistic corpora as tools for investigating meaning is a productive methodology, in the sense that it yields discoveries about the use of language that philosophers would have overlooked if they remained in (...) their "armchairs of an afternoon", to use J.L. Austin’s phrase. Third, we discuss facts about the meaning of "know" that so far have been ignored in philosophy, with the aim of reorienting discussions of the relevance of ordinary language for philosophical theorizing. (shrink)

Indigenous and non-indigenous communities in Latin America make land claims and support them with a variety of arguments. Some, such as Zapatistas and the Mapuche, have appealed to the “ancestral” or “historical” connections between specific communities and the land. Other groups, such as MST in Brazil, have appealed to the extremely unequal distribution of the land and the effects of this on the poor; the land in this case is seen mainly as a means for securing a decent standard of (...) living for members of disadvantaged groups. Although there is a large literature on the history as well as the social and political dimensions of land contestations and conflicts in Latin America, the question of whether the land claims put forward by disadvantaged groups can be morally justified has not been adequately examined. In this essay, we investigate the scope and limits of appeals to what we shall call assistance-based, contribution-based, and benefitting-based moral reasons with respect to land claims made by these disadvantaged groups. (shrink)

In 2019, several US states passed “heartbeat” bills. Should such bills go into effect, they would outlaw abortion once an embryonic heartbeat can be detected, thereby severely limiting an individual’s access to abortion. Many states allow health care professionals to refuse to provide an abortion for reasons of conscience. Yet heartbeat bills do not include a positive conscience clause that would allow health care professionals to provide an abortion for reasons of conscience. I argue that this asymmetry is unjustified. The (...) same criteria that justify protecting conscientious refusals to provide abortion also justify protecting positive conscientious appeals regarding abortion. Thus, if the law provides legal exemptions for health care professionals who, as a matter of conscience, refuse to provide abortions where it is legal, it should also provide exemptions for health care professionals who, as a matter of conscience, feel obligated to provide abortions where it is illegal. (shrink)