Agents have powers to bring about change. Do agents have normative powers to bring about normative change directly? This chapter distinguishes between direct normative change and descriptive and institutional changes, which may indirectly be normatively significant. This article argues that agents do indeed have the powers to bring about normative change directly. It responds to a challenge claiming that all normativity is institutional and another claiming that exercises of normative powers would violate considerations of supervenience. (...) The article also responds to a challenge - generalizing Kent Hurtig’s recent challenge about consent - which states that exercises of normative powers are valid only in cases that do not matter - they never bring about a “normative transformation” of what the agent overall ought to do. It turns out that consent is normatively transformative in some cases, but the main contribution of exercises of normative powers is at the contributory level not that of overall oughts. Invalid exercises of normative powers are void of any normative effects. Rational agents as possessors of normative powers are not merely responsive to pre-existing normative reasons, but they can also create normative reasons. A “responsive” view of rational agency sees us as being able to track existing normative reasons and make descriptive changes (on which normative changes supervene). The “creative” view of rational agency sees us as being able not only to construct institutions but also to create normative reasons directly. The chapter concludes that agents are both responsive and creative. (shrink)

‘Normative powers’ are capacities to create normative reasons by our willing or say-so. They are significant, because if we have them and exercise them, then sometimes the reasons we have are ‘up to us’. But such powers seem mysterious. How can we, by willing, create reasons? In this paper, I examine whether normative powers can be adequately explained normatively, by appeal to norms of a practice, normative principles, human interests, or values. Can normative explanations of (...) normative powers explain how an exercise of the will can afford us special freedom in determining our reasons? I argue that normative approaches to answering this question prove to be inadequate. To vindicate the thought that normative powers can make our reasons ‘up to us’, we need an altogether different approach to understanding them, one that is located not in the normative but in the metaphysical. I end the paper by sketching a metaphysical explanation of normative powers. This metaphysical defence of normative powers provides a window into a different, more agent-centered way of thinking about rational agency. (shrink)

This article argues that resolutions are reason-giving: when an agent resolves to φ, she incurs an additional normative reason to φ. Resolution-making is therefore a normative power: an ability we have to alter our normative circumstances through sheer acts of will. I argue that the reasons we incur from forming resolutions are importantly similar to the reasons we incur from making promises. My account explains why it can be rational for an agent to act on a (...) past resolution even if temptation causes a shift in her preferences and even her judgment about what to do, and offers a response to a common objection to the normativity of resolutions known as the bootstrapping problem, on which if resolutions were reason-giving, they would problematically allow us to bootstrap any action into rationality simply by resolving to perform it. (shrink)

This paper offers an original argument for a Humean thesis about promising that generalises to the domain of normative powers. The Humean ‘natural unintelligibility’ thesis – prominently endorsed by Rawls, Hart, and Anscombe, and roundly rejected or forgotten by contemporary writers (conventionalists and non – conventionalists alike) – holds that a rational, suitably informed agent cannot so much as make a promise (much less a morally-binding promise) without exploiting conventional norms that confer promissory significance on act types (e.g., signing (...) on the dotted line) that would not otherwise have such significance. The argument (like Hume’s) is action-theoretic in character; its central premise is the Contribution Condition on acting with an aim: roughly, that doing X in order to (bring about) Y requires that the agent believe that their having X-ed on the occasion might come to fully or partly account for Y’s coming to pass. The argument generalises to the broader domain of exercises of normative powers, i.e., to acts that modify normative properties by ‘fiat’ or ‘stipulation’. This stipulative act has been characterised in three different ways, each of which is given due consideration. Finally, two different ways of accommodating the ‘natural unintelligibility’ thesis are considered, as is the thesis’s normative significance. (shrink)

This is a paper about model-building and overfitting in normative ethics. Overfitting is recognized as a methodological error in modeling in the philosophy of science and scientific practice, but this concern has not been brought to bear on the practice of normative ethics. I first argue that moral inquiry shares similarities with scientific inquiry in that both may productively rely on model-building, and, as such, overfitting worries should apply to both fields. I then offer a diagnosis of the (...) problems of overfitting in moral inquiry and explain how our current practice seems worryingly susceptible to such problems. I conclude by giving suggestions for how we might avoid overfitting when doing normative ethics. (shrink)

Moral indeterminacy can be problematic: prospectively it can give rise to deliberative anguish, and retrospectively, it can leave us in a limbo as to what attitudes it is appropriate to form with respect to past actions with indeterminate moral status. These problems give us reason to resolve ethical indeterminacy. One mechanism for doing so involves the use of our normative powers to place obligations on ourselves and to waive our claims against others. This mechanism could operate through an explicit (...) agreement, but could also operate through implicit endorsement of a social convention. However, there are important limits on when the mechanism can eliminate moral indeterminacy. (shrink)

According to cultural evolutionary theory in the tradition of Boyd and Richerson, cultural evolution is driven by individuals' learning biases, natural selection, and random forces. Learning biases lead people to preferentially acquire cultural variants with certain contents or in certain contexts. Natural selection favors individuals or groups with fitness-promoting variants. Durham (1991) argued that Boyd and Richerson's approach is based on a "radical individualism" that fails to recognize that cultural variants are often "imposed" on people regardless of their individual decisions. (...) Fracchia and Lewontin (2005) raised a similar challenge, suggesting that the success of a variant is often determined by the degree of power backing it. With power, a ruler can impose beliefs or practices on a whole population by diktat, rendering all of the forces represented in cultural evolutionary models irrelevant. It is argued here, based on work by Boehm (1999, 2012), that, from at least the time of the early Middle Paleolithic, human bands were controlled by powerful coalitions of the majority that deliberately guided the development of moral norms to promote the common good. Cultural evolutionary models of the evolution of morality have been based on false premises. However, Durham (1991) and Fracchia and Lewontin's (2005) challenge does not undermine cultural evolutionary modeling in nonmoral domains. (shrink)

This paper examines how radical realism, a form of ideology critique grounded in epistemic rather than moral normativity, can illuminate the relationship between ideology and political power. The paper argues that radical realism can has both an evaluative and a diagnostic function. Drawing on reliabilist epistemology, the evaluative function shows how beliefs shaped by power differentials are often epistemically unwarranted, e.g. due to the influence of motivated reasoning and the suppression of critical scrutiny. The paper clarifies those mechanisms (...) in order to address some recent critiques of radical realism. The paper then builds on those clarifications to explore the how tracing the genealogy of legitimation stories can diagnose the distribution of power in society, even if ideology does not play a direct stabilising role. This diagnostic function creates a third position in the debate on ideology between culturalists and classical Marxists, and it can help reconciling aspects of structural and relational theories of power. (shrink)

This paper is an investigation into the metaphysics of social objects such as political borders, states, and organizations. I articulate a metaphysical puzzle concerning such objects and then propose a novel account of social objects that provides a solution to the puzzle. The basic idea behind the puzzle is that under appropriate circumstances, seemingly concrete social objects can apparently be created by acts of agreement, decree, declaration, or the like. Yet there is reason to believe that no concrete object can (...) be created in this way. The central idea of my positive account is that social objects have a normative component to them, and seemingly concrete social objects have both normative and material components. I develop this idea more rigorously using resources from the Aristotelian hylomorphic tradition. The resulting normative hylomorphic account, I argue, solves the puzzle by providing a satisfying explanation of creation-by-agreement and the like, while also avoiding the difficulties facing extant accounts of social objects. (shrink)

Truth seems to be an indispensable element of authority which presents itself as being based on more than just power and efficiency. In the domain of law,there is not only and primarily the problem of establishing the truth about the facts which are to be judged; there is also the problem of norms—does their authority rest solely on the act of establishing them, or is there “something behind”, a truth which contributes to the strength of law, and which provides (...) legitimacy to both legislator and to the legal norms themselves. In theoretical reflection, the very possibility of talking about true norms or true evaluations is under challenge, and this view dominates in the academic education of lawyers and other professionals. At the basis of this project lies the conviction that the problem of true norms, and the more general problem of the place of truth in law, is worth re-examining. In the course of such a re-examination, it is also worth returning to certain points in the tradition of thinking about the foudations of law. In the tradition recalled by the papers presented here—by both Italian and Polish authors—a prominent place is occupied by Polish thinkers such as Leon Petrażycki, Czesław Znamierowski, and Zygmunt Ziembiński. The book consists of three major parts. The titles—Tradition, Theory, Practice mark important points of reference in the reflection on truth in the context of law. The contributions relate to these points in different degrees, and each, though placed in one of these parts, also refer to the others. (shrink)

This chapter distinguishes between several senses of “normativity”. For example, that we ought to abstain from causing unnecessary suffering is a normative, not descriptive, claim. And so is the claim that we have good reason, and ought to drive on the right, or left, side of the road because the law requires us to do that. Reasons and oughts are normative, by definition. Indeed, it may be that “[t]he normativity of all that is normative consists in the (...) way it is, or provides, or is otherwise related to reasons” (Raz 1999, 67) . That is what the “reasons-first” view holds, but there are also other views, and what is by definition a normative statement, or a normative fact if you like, depends on how we define normativity. -/- It may seem that requirements are also by definition normative. But it seems that there can also be requirements that one has no reason to meet: it is less clear whether such requirements are normative in the same sense that reasons and oughts are normative. This paper will go through various further phenomena, which are candidates for being normative in some other sense than normative reasons and oughts, defending however the view that not all of them are. But arguably four or so different senses of normativity can be distinguished. -/- The paper will accept the view that the normativity of reasons and oughts, which is here called normativity1, is central. It is an open question whether all requirements or expectations or socially constructed norms are normative in that sense. Arguably it depends on the contents and content-independent authority of the legislators, whether we have good reasons, or ought, to meet the requirements, obey the law, or to follow the etiquette, or to conform to others’ interpersonal expectations, requests, demands or prescriptions. Whether and when we do have such reasons is a difficult and important substantive question, which concerns the normativity1 of requirements of law. -/- In another sense, norms (intended to guide behavior) are trivially or by definition normative, and constitute normativity: some forms of behavior are ruled as acceptable (e.g. driving on the right) and others as unacceptable (e.g. driving on the left) in light of the norm. Even in the case of a bad norm (that we have no reason to follow, and which ought to be changed, and ought not prevail) classifies behaviours as acceptable or unacceptable in light of the norm. Surely norms are by definition normative? Call this conformity to social norms and actual expectations normativity2. It is not an open question whether social norms are normative in that sense – they are by definition normative2. But importantly, it is an open question whether one has good reasons, or sufficient reason, or ought, to follow any social norm – that is, whether the norm in question is normative1. -/- The first section of the article characterizes further the difference between these two senses of normativity, and additionally introduces various other candidate senses of “normativity”. These possible senses of “normativity” may be at stake in the debates about normative requirements of rationality , about so called ought-to-be -rules , about normativity of linguistic meaning , about “directions of fit” of beliefs and desires , about subjective authority of intentions and decisions and interpersonal authority or co-authority of concrete others. -/- In later sections these cases are discussed. Do they constitute separate senses of normativity? And are the later phenomena such that they give agents good reasons: do they include normativity1 – the core sense? A “normative power -model” is suggested as a framework for examining whether actual social norms, laws, expectations provide good reasons and oughts or not. Once we understand the relation between the first two senses of normativity, do the later phenomena follow the same pattern – is the “normative powers – model” relevant for them as well? (shrink)

This paper defends the epistemic account of the normativity of requests. The epistemic account says that a request does not create any reasons and thus does not have any special normative power. Rather, a request gives reasons by revealing information which is normatively relevant. I argue that compared to competing accounts of request normativity, especially those of David Enoch and James H.P. Lewis, the epistemic account gives better answers to cases of insincere requests, is simpler, and does a (...) better job incorporating the importance of relationships. I also defend the epistemic account from three objections: that requests are important because they constitute consent, that requests and wishes must be normatively different, and that some requests do not provide any new information. (shrink)

Scott Hershovitz’s Law is a Moral Practice develops a bold, novel, and comprehensive account of law: the moral practice picture. Its central thesis is that legal relations (rights, duties, powers, etc.) are moral. They are real, full-fledged normative relations, connected to genuine reasons for action, and endowed with robust normativity. Nothing less than ordinary moral relations. The account is compounded with a deflationary view of theories in general jurisprudence and of the debates about them. In this vein, Hershovitz recommends (...) that we move away from theorising about law (understood as a set of legal norms), and focus on the nature of legal relations instead. In this paper, I pursue two interrelated objectives. First, I address Hershovitz’s main arguments for the view that legal relations are moral. Second, I take issue with the asymmetry between the deflationary and inflationary stances he advocates for legal norms and relations, respectively, arguing that this different treatment is unwarranted, because the deflationary stance is, and because this very combination of attitudes is unstable. Properly understood, questions about the nature and determination of legal norms and relations can’t but be seen as complementary aspects of a unified legal metaphysics. (shrink)

Although belief formation is sometimes automatic, there are occasions in which we have the power to put it off, to wait on belief-formation. Waiting in this sense seems assessable by epistemic norms. This paper explores what form such norms might take: the nature and their content. A key question is how these norms relate to epistemic norms on belief-formation: could we have cases in which one ought to believe that p but also ought to wait on forming a belief (...) on whether p? Plausibly not. But if not, how can we explain this impossibility? I suggest that the best resolution is to view the traditional core norms on belief as themselves conditional in a certain sense, one that I think has independent plausibility. The results of this investigation may also tell us something about epistemic norms on suspension, on the assumption, which I defend elsewhere, that suspension is waiting. (shrink)

In one of the earlier influential papers in the field of experimental philosophy titled Normativity and Epistemic Intuitions published in 2001, Jonathan M. Weinberg, Shaun Nichols and Stephen Stich reported that respondents answered Gettier type questions differently depending on their ethnic background as well as socioeconomic status. There is currently a debate going on, on the significance of the results of Weinberg et al. (2001) and its implications for philosophical methodology in general and epistemology in specific. Despite the debates, however, (...) to our knowledge, there has not been a replication attempt of the experiments of the original paper. We collected data from four different sources (two on-line and two in-person) to replicate the experiments. Despite several different data sets and in various cases larger sample sizes and hence greater power to detect differences, we failed to detect significant differences between the above-mentioned ethnic and socioeconomic groups. Our results suggest that epistemic intuitions are more robust across ethnic and socioeconomic groups than Weinberg et al. (2001) indicates. Given our data, we believe that the notion of differences in epistemic intuitions among different ethnic and socioeconomic groups that follows from Weinberg et al. (2001) needs to be corrected. (shrink)

This paper first outlines a new taxonomy of different views concerning the relationship between normative judgments and motivation. In this taxonomy, according to the Type A views, a positive normative judgment concerning an action consists at least in part of motivation to do that action. According to the Type B views, motivation is never a constituent of a positive normative judgment even if such judgments have, due to the kind of states they are, a causal power (...) to produce motivation in an agent. Finally, according to the Type C views, a normative judgment can produce motivation only with the help of a third mental state or a distinct substantial local disposition. This paper then outlines a novel evolutionary argument for the Type B views. If we assume that normative judgments' ability to shape our motivations enabled efficient planning and cooperation , the psychological mechanism responsible for this adaptation should be understood as a proximal mechanism. This paper argues that it is then more likely that we evolved to make normative judgments that have direct causal powers to influence our motivations because such Type B mechanisms are more reliable than the Type C mechanisms. It also suggests that the Type A views are either empirically false or collapse into the Type B views. (shrink)

Several democratic theorists have recently sought to vindicate the ideal of equal political power (“political equality”) by tying it to the non-derivative value of egalitarian relationships. This chapter critically discusses such arguments. It clarifies what it takes to vindicate the ideal of political equality, and distinguishes different versions of the relational egalitarian argument for it. Some such arguments appeal to the example of a society without social status inequality (such as caste or class structures); others to personal relationships among (...) equals, like friendship. Each strategy faces problems. After discussing what social status consists in, the chapter argues that social status equality does not require an equal distribution of power, but only that unequal distributions are not justified on grounds incompatible with the citizens’ fundamental equal moral standing. By contrast, personal relationships among equals do require equal power; but establishing that their norms apply to our political community is challenging. (shrink)

Åsa Burman has recently introduced the important notion of telic power and differentiated it from deontic power in an attempt to build a bridge between ideal and non-ideal social ontology. We find Burman’s project promising but we argue that more is to be done to make it entirely successful. First, there is a palpable tension between Burman’s claim that telic power can be ontologically independent of deontic power and her examples, which suggests that these forms of (...) power share the same basis. Second, it is not completely clear how telic power specifically helps non-ideal social ontologists explain oppression. We offer solutions to both problems. First, we question Burman’s arguments for the conclusion that telic power can exist without deontic power. Burman contends that this is possible because some social roles involving telic power can exist independently of institutions as sets of constitutive rules, which are––in her opinion––the source of deontic power. Burman’s arguments are not persuasive because they disregard the possibility that all social roles involve deontic power, whether or not they are institutional. Second, we argue that while the exercise of deontic power requires a collective recognition of the social roles of the interacting agents and, therefore, a recognition of the associated norms, the exercise of telic power does not require recognition of the relevant norms. This is why invoking telic power is particularly useful in explaining how oppression and injustice can arise. Lastly, we suggest that the relation between teleological normativity and telic power has not been fully clarified by Burman and requires a deeper analysis. (shrink)

To what extent are questions of sovereign debt a matter for political rather than scientific or moral adjudication? We answer that question by defending three claims. We argue that (i) moral and technocratic takes on sovereign debt tend to be ideological in a pejorative sense of the term, and that therefore (ii) sovereign debt should be politicised all the way down. We then show that this sort of politicisation need not boil down to the crude Realpolitik of debtor-creditor power (...) relations—a conclusion that would leave no room for normative theory, among other problems. Rather, we argue that (iii) in a democratic context, a realist approach to politics centred on what Bernard Williams calls ‘The Basic Legitimation Demand’ affords a deliberative approach to the normative evaluation of public debt policy options. (shrink)

This thesis is about Kant’s account of reason. In the Critique of Pure Reason, Kant introduces reason as an infinitely demanding faculty that seeks complete explanations for all observable phenomena. This account of reason is essential to Kant’s discussion in the Transcendental Dialectic and prompts the primary question of this thesis: how does Kant justify such an infinitely demanding faculty? How does he think we come to know that we have reason, so understood? Traditionally, Kant scholars have held that we (...) can grasp our mental faculties either through a priori awareness of their unique activities or through transcendental arguments. Both approaches, however, fail with reason, which presents unique metacritical challenges. We can never be aware of reason’s unique activities, which are infinite and so never complete, and reason cannot be established via transcendental argument because it is not necessary for the possibility of experience. So, how can we know that we have reason? This thesis breaks with tradition by arguing that reason gains self-knowledge in empirical psychology, the study of phenomena in inner sense. Reason, according to Kant, seeks to explain all phenomena, including those of inner sense. To explain inner phenomena, reason hypothesises mental faculties and their laws. Our ten- dency to ask why-questions, Kant argues, is best explained by hypothesising a faculty that demands complete explanations – i.e., reason. The thesis has five chapters. The first shows that, for Kant, mental facul- ties are (also) powers of inner sense. The second argues that the normative demands of these faculties are grounded in constitutive principles or laws. The third finds that the constitutive principle of reason requires us to sys- tematise powers of nature, which, as the fourth chapter explains, we do by hypothesising their respective laws. Finally, the fifth chapter suggests that reason hypothesises its own explanation-seeking law. (shrink)

The Article addresses itself to immigration law governing the admission and expulsion of aliens, exploring the gap between the "plenary power" doctrine––the notion that Congress and the executive branch have broad and often exclusive authority over immigration decisions––and the actual practice of many federal courts in the immigration field. Federal courts, the author argues, often apply two distinct sets of constitutional norms in immigration cases, one set drawn from immigration law proper and applied directly to constitutional cases, and a (...) second, "phantom norm" set, borrowed from mainstream public law and applied in the interpretation of immigration statutes. The result is an immigration law regime in which the plenary power doctrine has been undermined, but not reversed, through statutory interpretation. The Article explores the reasons for the application of "phantom norms" to immigration statutes and the problems created by that practice, ultimately recommending a direct reassessment of plenary power as a constitutional doctrine. In so doing, the Article serves not only as an examination of the interpretive dynamics peculiar to immigration law but also as an exemplary study of a general problem of legal process––the relationship between statutory interpretation and constitutional law. (shrink)

Authors critical of corporate power focus almost exclusively on one solution: bringing it under democratic control. However important this is, there are at least two other options, which are rarely discussed: reducing powerful firms’ size and influence, or accepting corporate power as a necessary evil. This article provides a comparative perspective for evaluating all three options. It argues that the trade-offs we face in responding to corporate power have a trilemmatic structure. The pure strategies of accepting powerful (...) firms, breaking them up, or rendering them more accountable are each incompatible with one of three important values: power balance, economies of scale, and minimizing agency costs, respectively. While the latter two concepts are purely economic and efficiency-based, the value of power balance can be grounded in a variety of reasons. Different normative interpretations of power balance are discussed, along with their implications for policy choices within the trilemma. (shrink)

This work has two major goals. The first is to reframe the problem of political authority from its Conservative framing to a Reformist framing. This change creates a new benchmark for the success of a theory. Rather than justifying a pre-existing intuition, a theory can be successful if it could establish political authority whenever the state itself or an individual’s relationship to it changes. This change also shifts the focus from the state’s right to rule to moral housekeeping. In other (...) words, the main goal is not to see when the state can use coercion against its citizens but rather to determine what political obligations citizens could have under different scenarios so that citizens can more accurately keep track of their moral reasons for action. The second major goal is to call into question epistemic theories of democratic authority through a critical examination of David Estlund’s theory of normative consent. Normative consent cannot establish political authority. Even granting that it could, normative consent would bind individuals to epistemic procedures rather than democratic procedures given that epistemic procedures better solve the moral problems that generate normative consent. However, this then raises worries from the public reason perspective that epistemic procedures would impose a procedure on some citizens which they could reject from a qualified position. To overcome this worry, it is shown that epistemic procedures based on reducing the power of the ignorant rather than raising the power of the experts are not open to such qualified rejection, and democratic procedures in the real world will do no better than a coin flip at selecting correct policies. In the end, one branch of epistemic conceptions of democratic authority are proven untenable. (shrink)

Much philosophical work has examined both imperatival and non-imperatival forms of address that aim to motivate others to action. But one such kind of address has received relatively little attention: begging. This is partly surprising as begging, both as an individual act and as a widespread social practice, raises acute, yet difficult to articulate, moral and political concerns. In this paper, I identify a central form of the phenomenon which constitutively involves communicating one’s relative powerlessness as a means of motivating (...) one’s target to act. I argue that this form of begging is present in a number of cases that animate many of our pre-theoretic normative worries about begging. I argue that when begging of this kind is bad for the beggar herself, this is so because either (i) the invoked powerlessness is bad for the beggar and thereby gives the action a negative evaluative meaning, or (ii) the invoked powerlessness is good/neutral, but the act of begging precludes or replaces valuable ways of interacting that the parties have reasons to care about in the context. In a slogan, the badness of begging revolves around power and helplessness. (shrink)

This chapter is a critical review of Amy Allen's book The Politics of Our Selves. It briefly reconstructs some of the book's impressive achievements: articulating a synthetic account of gendered subjectivity that accounts for both subjection and autonomy; imaginatively integrating poststructuralist and communicative theories; and, furthering important new interpretations of Butler, Foucault, and Habermas. It also raises critical concerns about Allen's project: her specific conception of autonomy and its justification; her suspicions of the notion of historical progress; her psychological explanation (...) of the continuing power of pernicious norms of gendered subjectivity; the usefulness of psychoanalysis for critical social theory; and, the role of cultural, structural, and materialist explanations and political strategies. (shrink)

In this essay we criticise Rainer Forst's attempt to draw a connection between power and justification, and thus ground his normative theory of a right to justification. Forst draws this connection primarily conceptually, though we will also consider whether a normative connection may be drawn within his framework. Forst's key insight is that if we understand power as operating by furnishing those subjected to it with reasons, then we create a space for the normative contestation (...) of any exercise of power. He calls this the noumenal understanding of power. Against the conceptual connection between power and justification, we argue that (i) on most plausible accounts of political freedom, some freedom-restrictions commonly attributed to the successful exercise of power would perplexingly count as failures of power on Forst's view, and that (ii) on the most plausible account of reason-recognition, namely an appropriateness of response account, a justification relation is only a sufficient but not necessary condition for recognition. Against the normative connection, we argue that (iii) Forst can establish the existence of a right to justification only if he reconsiders the transcendental aspirations of his theory. (shrink)

Uptake is typically understood as the hearer’s recognition of the speaker’s communicative intention. According to one theory of uptake, the hearer’s role is merely as a ratifier. The speaker, by expressing a particular communicative intention, predetermines what kind of illocutionary act she might perform. Her hearer can then render this act a success or a failure. Thus the hearer has no power over which act could be performed, but she does have some power over whether it is performed. (...) Call this the ratification theory of uptake. Several philosophers have recently endorsed an alternative theory of uptake, according to which the hearer can determine the nature of the act the speaker performs. According to this theory, if the hearer regards an utterance as illocutionary act y, then it is act y, even if the speaker intended to perform act x. Call this the constitution theory of uptake. The purported advantage of this theory is that it identifies a common but underanalysed way in which speakers can be silenced. I argue that despite its initial intuitive pull, the constitution theory of uptake should be rejected. It is incompatible with ordinary intuitions about speech, it entails a conceptual impossibility, and it has unsavoury political implications, entailing that marginalised speakers barely qualify as agents. (shrink)

Appeals to nature are ubiquitous in Epicurean ethics and politics. The foundation of Epicurean ethics is its claim that pleasure is the sole intrinsic good and pain the sole intrinsic evil, and this is supposedly shown by the behavior of infants who have not yet been corrupted, "when nature's judgement is pure and whole." Central to their recommendations about how to attain pleasure is their division between types of desires: the natural and necessary ones, the natural but non-necessary ones, and (...) the vain and empty ones. Elsewhere, the Epicureans talk about the "natural goods" of political power and fame, and they contrast "natural wealth" with wealth as "defined by empty opinion." Finally, in their politics, Epicurus claims that the "the justice of nature is a pledge of reciprocal usefulness, [i.e.,] neither to harm one another nor to be harmed." This paper explores two questions regarding these various appeals to nature. The first is: what is it for these things to be natural, i.e., what notion of "natural" or "nature" is at play here? (Furthermore, is there a single notion being used across these appeals, and if not, how are they related?) The second is: what normative work does a thing's being natural do? That is, what reason, if any, does a desire's being natural give me for pursuing the object of that desire and trying to fulfill that desire, as opposed to not doing so and trying to eliminate it, and similarly for the other appeals to nature? (shrink)

Group agents like businesses, political parties, universities, and charity organisations dominate our social and political landscapes. Their activities dictate our legal structures, the availability of education and healthcare, and our collective leap into climate crisis. Hence, it is crucial that we understand both the norms of these group agents and how these norms arise. will argue for applying the organisational account of normativity to group agents as the best means to achieve this understanding. Roughly, the organisational account says that the (...) norms of an agent are determined by that agent’s structure insofar as that structure dictates both what the agent is capable of and what is necessary for its persistence in its present environment. I argue that expanding the organisational account to group agents best positions us to understand both what a group’s norms are and how they arise. I suggest that the organisational account provides us with a powerful tool for addressing unjust collective behaviours in the social and political spheres. (shrink)

This paper draws on the 'Fitting Attitudes' analysis of value to argue that we should take the concept of fittingness (rather than value) as our normative primitive. I will argue that the fittingness framework enhances the clarity and expressive power of our normative theorising. Along the way, we will see how the fittingness framework illuminates our understanding of various moral theories, and why it casts doubt on the Global Consequentialist idea that acts and (say) eye colours are (...) normatively on a par. We will see why even consequentialists, in taking rightness to be in some sense determined by goodness, should not think that rightness is conceptually reducible to goodness. Finally, I will use the fittingness framework to explicate the distinction between consequentialist and deontological theories, with particular attention to the contentious case of Rule Consequentialism. (shrink)

According to the epistemic account of request normativity, a request gives us reasons by revealing normatively relevant information. The information is normative, not the request itself. I raise a new objection to the epistemic account based on situations where we might try to avoid someone requesting something of us. The best explanation of these situations seems to be that we do not want to acquire a new reason to do something. For example, if you know I am going to (...) ask you to read a draft of my paper, you might avoid running into me so as to avoid acquiring a reason to read a draft of my paper. I then argue that the epistemic account can successfully reply to this objection and that in fact the epistemic account does a better job of accounting for cases like this than competing views of the normativity of requests. (shrink)

Most democratic theorists agree that concentrations of wealth and power tend to distort the functioning of democracy and ought to be countered wherever possible. Deliberative democrats are no exception: though not its only potential value, the capacity of deliberation to ‘neutralise power’ is often regarded as ‘fundamental’ to deliberative theory. Power may be neutralised, according to many deliberative democrats, if citizens can be induced to commit more fully to the deliberative resolution of common problems. If they do, (...) they will be unable to get away with inconsistencies and bad or private reasons, thereby mitigating the illegitimate influence of power. I argue, however, that the means by which power inflects political disagreement is far more subtle than this model suggests and cannot be countered so simply. As a wealth of recent research in political psychology demonstrates, human beings persistently exhibit ‘motivated reasoning’, meaning that even when we are sincerely committed to the deliberative resolution of common problems, and even when we are exposed to the same reasons and evidence, we still disagree strongly about what ‘fair cooperation’ entails. Motivated reasoning can be counteracted, but only under exceptional circumstances such as those that enable modern science, which cannot be reliably replicated in our society at large. My analysis suggests that in democratic politics – which rules out the kind of anti-democratic practices available to scientists – we should not expect deliberation to reliably neutralise power. (shrink)

From Kant’s point of view, the puzzle about judgments of taste is that they claim to normativity—in Kant’s terms, to intersubjective validity or communicability—but nevertheless have only a subjective basis or “determining ground (Bestimmungsgrund).” The task of §9 of the Critique of Judgment in particular is to delineate an account of aesthetic response that accommodates Kant’s solution to this puzzle. If the aesthetic pleasure “precedes” the judgment—in other words, if the judgment is about the pleasure—then the judgment of taste would (...) be merely private, like other judgments about things that cause us pleasure. So the judgment must precede the pleasure. But “nothing… can be universally communicated except cognition, and representation so far as it belongs to cognition. (V:217) Therefore, the determining ground of the judgment of taste must be “the mental state encountered in the relation of the mental powers of representation to each other insofar as they relate a given cognition to cognition in general.” (V:217) A bit later, he calls this state of mind a “feeling of the free play of the powers of representation in a given representation for a given representation for a cognition in general.” The appeal to ‘cognition in general’ can do what Kant needs it to do only if it conveys the normativity of cognition simpliciter but not its conceptual determinacy. I want to propose that we take ‘cognition in general’ to mean ‘integration into a unified system of empirical cognition.’ If I am successful, it will have the consequence that the basis for the normativity of taste— that is, the expectation that others ought to agree with our judgments-- is the same as the basis for the normativity of cognitive judgments. (shrink)

Legal norms are an invention. This paper advances a proposal about what kind of invention they are. The proposal is that legal norms derive from rules which specify role functions in a legal system. Legal rules attach to agents in virtue of their status within the system in which the rules operate. The point of legal rules or a legal system is to solve to large scale coordination problems, specifically the problem of organizing social and economic life among a group (...) of people and their successors, though not every legal rule pertains to a coordination problem. The framework for thinking about legal norms that I describe is a framework for thinking about institutions and policies more generally. The idea is to show that legal norms are a species of institutional norm. There are two central ideas. The first is the idea of a role in an institution. The second is the idea of proxy agency. Proxy agency involves one agent or group acting under the authorization of another agent or group (perhaps subsuming it) in a way that makes the actions of the proxy count as actions (under a description) of the individual or group for which it is a proxy. We get the characteristic structure of a legal system by conceiving of an institutional group, itself conceived of as a set of interlocking roles realized in individuals, as having one or more roles for proxy agents who are authorized by the group to make policy for the group. The set of rules governing the basic constitution of the group and spelling out the powers of the policy proxies determine fundamental norms for the group with specific role responsibilities attaching to particular positions in institutional arrangements. The policies determine further norms whose force derives from the fundamental norms. We must then say some further things to distinguish institutions and policies which we wish to designate as legal. (shrink)

We are living in a world where power abuse has become the new norm, as well as the biggest, silent driver of persistent inequalities, racism and human rights violations. As humanity is getting to grips with socio-economic consequences that can only be compared with those that followed World War II, this timely book challenges current thinking, while creating a much needed normative and practical framework for revealing and challenging the power structures that feed our subconscious feelings of (...) despair and defeatism. Structured around the four concepts of power - race - justice - restorative justice, the book uses empirical new data and normative analysis to reconstruct the way we prevent power abuse and harm at the inter-personal, inter-community and international levels. This book offers new lenses, which allow us to view power, race and justice in a modern reality where communities have been silenced, but through restorative justice are gaining voice. The book is enriched with twenty-five case studies written by survivors, practitioners and those with direct experiences of power abuse and inequality. Through robust research methodologies, Gavrielides' new monograph reveals new forms of slavery, while creating a new, philosophical framework for restorative punishment through the acknowledgement of pain and the use of catharsis for internal transformation and individual empowerment. This is a powerful book that generates much needed hope. Through a multi-disciplinary dialogue that uses social sciences, criminology, law, psychology and human rights, the book opens new avenues for practitioners, researchers and policy makers internationally. (shrink)

Recognition is one of the most ambivalent concepts in political and social thought. While it is a condition for individual freedom, the subject’s demand for recognition can be exploited as an instrument for reproducing domination. Axel Honneth addresses this issue and offers the concept of ideological recognition: Recognition is ideological when the addressees accept it from their subjective point of view but is unjustified from an objective point of view. Using the examples of the recognition of femininity, I argue that (...) Honneth’s account fails not only to offer the objective normative standard that delineates between morally justified and unjustified recognition, but also to descriptively explain why the addressees of ideological recognition accept their identities as having positive qualities. To overcome these problems, I provide an alternative, epistemic structural account. First, my account offers the concept of epistemic trust and identifies the objective injustice that Honneth’s account cannot capture. Second, my account offers the concept of structural power and discusses the problem of internalization of problematic identities. Furthermore, I argue that epistemic structural account has theoretical and practical benefits for analyzing domination and advancing the task of critique by explaining the ideological recognition in the case of racial identity, for example. (shrink)

Excuses are commonplace. Making and accepting excuses is part of our practice of holding each other morally responsible. But excuses are also curious. They have normative force. Whether someone has an excuse for something they have done matters for how we should respond to their action. An excuse can make it appropriate to forgo blame, to revise judgments of blameworthiness, to feel compassion and pity instead of anger and resentment. The considerations we appeal to when making excuses are a (...) motley bunch: tiredness, stress, a looming work deadline, a wailing infant, poverty, duress, ignorance. What unifies these various considerations as a class? In virtue of what can they all excuse? And what does their normative force consist in? This paper aims to develop a unified account of excuses: what they are and what they do. In a nutshell, I argue that excuses are considerations that show that an agent’s wrongdoing does not manifest a specific motivational failing: namely, the lack of a morally adequate present-directed intention. What do excuses do? I suggest that they function as responsibility-modifiers. They alter how the wrongdoer, the wronged party, bystanders may morally respond to a wrong, without negating that it remains appropriate to respond in some way. (shrink)

Digitalisation has lent the right to privacy increasing philosophical and legal relevance. However, privacy’s epistemic status and associated normative values are constantly subject to radical criticisms. This article investigates the validity, in theory and practice, of three radical critiques of privacy. A review of the philosophical and interdisciplinary discourse on privacy during the last half century is followed by analyses of recent legal developments within the EU. Privacy emerges as a highly differentiated and powerful tool to protect individuals and (...) social relations and to limit and redistribute power. However, the right to privacy remains far from realising its practical potential. (shrink)

Biology seems to present local and transitory regularities rather than immutable laws. To account for these historically constituted regularities and to distinguish them from mathematical invariants, Montévil and Mossio (Journal of Theoretical Biology 372:179–191, 2015) have proposed to speak of constraints. In this article we analyse the causal power of these constraints in the evolution of biodiversity, i.e., their positivity, but also the modality of their action on the directions taken by evolution. We argue that to fully account for (...) the causal power of these constraints on evolution, they must be thought of in terms of normativity. In this way, we want to highlight two characteristics of the evolutionary constraints. The first, already emphasised as reported by Gould (The structure of evolutionary theory, Harvard University Press, 2002), is that these constraints are both produced by and producing biological evolution and that this circular causation creates true novelties. The second is that this specific causality, which generates unpredictability in evolution, stems not only from the historicity of biological constraints, but also from their internalisation through the practices of living beings. (shrink)

One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant (...) approach I put forward the idea that upturning the relationship between justice and legitimacy affords a normative notion of authority that does not depend on a pre-political account of morality, and thus avoids some serious problems faced by mainstream theories of justice. I then argue that the appropriate purpose of justice is simply to specify the implementation of an independently grounded conception of legitimacy, which in turn rests on a context- and practice-sensitive understanding of the purpose of political power. (shrink)

Ethical non-naturalists often charge that their naturalist competitors cannot adequately explain the distinctive normativity of moral or more broadly practical concepts. I argue that the force of the charge is mitigated, because non-naturalism is ultimately committed to a kind of mysterianism about the metaphysics of practical norms that possesses limited explanatory power. I then show that focusing on comparative judgments about the explanatory power of various metaethical theories raises additional problems for the non-naturalist, and suggest grounds for optimism (...) that a naturalistic realist about practical normativity will ultimately be able to explain the distinctive normativity of practical norms. I then show that radical pluralism or particularism about the structure of normative ethics would complicate the naturalistic strategy that I defend. This suggests a perhaps surprising way in which the resolution of the debate between ethical naturalists and non-naturalists may rest in part on the answers to substantive normative questions. (shrink)

I propose that testimony is subject to a norm that is backed by a credibility sanction: whenever the norm is violated, it is appropriate for the testifier to lose some credibility for their future testimony. This is one of a family of sanction-based norms, where violation of the norm makes it appropriate to lose some power; in this case, the power to induce belief through testimony. The applicability of the credibility norm to testimony follows from the epistemology of (...) testimony, in that false or unjustified testimony weakens the reason for belief that is provided by the speaker's future testimony. (shrink)

Source: Author: Marwan Kadhim Mohammed, Wan Roselezam Wan Yahya Martin Amis's manipulation of the patriarchal concept of power is a notable indication of his transgressive attitudes that raise remarkable questions about the human identity. Transgressing power investigates the violation of the normal and familiar trends of literature in order to circulate a new discourse by which a new identity is reframed. Hence, the study of power in Martin Amis's novels, as an important technique of identity re-definition, is (...) not taken into consideration in the light of Foucault's theory of power. The objective of this study is to examine the role applied by transgression as a technique of subverting the common discourse of power in the field of identity re-formation. The study investigates the concept of power manipulated in Amis's Money to define the identity of the 'New Man'. Accordingly, the Foucauldian theory of power is taken as a framework of this study. The study reveals a conclusion in which the transgressive aspects of power are effectively utilized by Amis to re-define the identity of his protagonist in the novel. Although John Self-has finally lost his name and fortune, which are necessary demands to define one's self-in the patriarchal society, he finds his own new identity away from the materialistic norms of the common discourse. ]]>. (shrink)

This thesis is about Kant’s account of reason. In the Critique of Pure Reason, Kant introduces reason as an infinitely demanding faculty that seeks complete explanations for all observable phenomena. This account of reason is essential to Kant’s discussion in the Transcendental Dialectic and prompts the primary question of this thesis: how does Kant justify such an infinitely demanding faculty? How does he think we come to know that we have reason, so understood? -/- Traditionally, Kant scholars have held that (...) we can grasp our mental faculties either through a priori awareness of their unique activities or through transcendental arguments. Both approaches, however, fail with reason, which presents unique metacritical challenges. We can never be aware of reason’s unique activities, which are infinite and so never complete, and reason cannot be established via transcendental argument because it is not necessary for the possibility of experience. -/- So, how can we know that we have reason? This thesis breaks with tradition by arguing that reason gains self-knowledge in empirical psychology, the study of phenomena in inner sense. Reason, according to Kant, seeks to explain all phenomena, including those of inner sense. To explain inner phenomena, reason hypothesises mental faculties and their laws. Our tendency to ask why-questions, Kant argues, is best explained by hypothesising a faculty that demands complete explanations – i.e., reason. -/- The thesis has five chapters. The first shows that, for Kant, mental faculties are (also) powers of inner sense. The second argues that the normative demands of these faculties are grounded in constitutive principles or laws. The third finds that the constitutive principle of reason requires us to systematise powers of nature, which, as the fourth chapter explains, we do by hypothesising their respective laws. Finally, the fifth chapter suggests that reason hypothesises its own explanation-seeking law. (shrink)

In my dissertation, I derive a set of systematic principles and a conception of the political subject from Spinoza’s metaphysics and political writings and then bring these tools to bear on contemporary questions in democratic theory. I argue that Spinoza’s conception of the political subject answers feminist critiques of the liberal subject, while retaining an understanding of the need for empowered citizens in strong democracies. Spinoza’s normative political theory shows how political communities become stronger through the empowerment and participation (...) of their citizens. I argue that Spinoza’s naturalistic method provides a promising path for both ethics and political theory. In the first chapter of my dissertation, I sketch the history of the development and critiques of the ‘liberal’ conception of human nature. I argue that rather than a substantial conception of human nature, the liberal subject is a skeptical compromise developed for a very specific purpose following the post-Reformation Wars of Religion in Europe in the 16th century. I then take on a variety of critiques of the notion of human nature in general and of the liberal conception of human nature in particular. I argue that political theory requires a positive conception of human beings. Spinoza’s conception of the human individual, created in order to replace what Spinoza thought were problematic aspects of the theories of individuals proposed by Hobbes and Descartes, does not suffer from the problems of the liberal subject and is a good candidate for a positive conception of human nature. In Chapter Two, I set out the main components of Spinoza’s naturalistic conception of the human individual. Spinoza understands human beings as primarily affective, or emotional creatures, whose feelings mediate their conceptions of the world. For Spinoza, each individual can be understood to have an index of power, which can increase or decrease depending on the degree to which individuals understand and are able to control the forces that affect them. In Chapter Three, I show that Spinoza’s theory of the political state is parallel to his theory of the individual. For Spinoza, just as individual humans have an index of power that can increase or decrease depending on how their emotions are organized, so too states have different degrees of power depending on how the emotions and power of the human beings within them are organized. The challenge for a Spinozan state is to understand how to create social and political institutions to organize the emotions of the ‘multitude’ of individuals in the state in the best way to yield the strongest state. For Spinoza, the strongest, or most absolute state, is a democracy, which is also the freest kind of state. I set out Spinoza’s theory of democracy and show how it builds upon his notion of individual and collective power. In Chapter Four, I take up the potential objections of Iris Marion Young to Spinoza’s conception of democratic agreement. I say these objections are ‘potential’ because, although Young critiques Rousseau’s conception of the general will, she does not directly object to Spinoza’s view of ‘agreement’ as a necessary element in democratic deliberation. However, many of Young’s writings touch on this worry, particularly in her critiques of Rousseau, civic republicanism and contemporary deliberative democracy theory. I argue that Spinoza’s notion of agreement employs a different conception of reason than that found in Rousseau, or in the tradition of deliberative democratic theory. Reason, for Spinoza, is a collective achievement rather than a precondition for deliberation. Spinoza argues that agreements reached through large-scale discussion in a democracy are likely to be more ‘reasonable’ than those reached by few or by one. Spinoza and Young share, I argue, a similar conception of the role of affect in deliberation, and both recognize the importance of affects and imagination in social and political life. In Chapter Five, I contrast a Spinozan theory of empowerment to Martha Nussbaum’s capabilities approach. Nussbaum’s approach and that of Spinoza are consonant in many of their major aspects; however, I argue that in practice, Spinoza’s theory is better able to account for the contextual nature of empowerment and of the necessity to reform harmful social, moral and cultural norms through affective mechanisms. In the conclusion, I consider the larger implications for a Spinozan naturalist approach to political philosophy, and for the role that theories of human nature and metaphysics can play in political theory. I argue that by avoiding metaphysics and by avoiding conceptions of human nature, those interested in projects of emancipation can have no criteria for determining whether or not individuals have become emancipated or whether their power has in fact increased. The model I derive from Spinoza’s conception of individual power and his view of the power of political states as a function of the power of the coordination of individuals provides a promising alternative to liberal theories of the subject and to extant feminist theories of the human individual, which ignore the psychological and metaphysical aspects of human individual and collective power. (shrink)

This chapter explores the anti-colonial narrative potential of certain works of cinema taking Aguirre, the Wrath of God and Caché as a case in point. To do so, this chapter first and mainly draws upon the theoretical and normative lens put forward by Gayatri Chakravorty Spivak on the representation of the colonized other and her resulting political and intellectual call for self-reflection on one's privileged Western intellectual positioning. This lens has many normative implications for the ways in which (...) the colonized subject and colonial history are discussed and represented. The partial lack of representation of the colonized other in Aguirre, the Wrath of God leaves the subjectivity of the colonizer in crisis and madness. Second, the narrative of Caché is explored and it is suggested that it resembles the rhetoric of Foucauldian disciplinary power of surveillance turned upside-down thus enforcing the complicit of colonialism to question her privilege. (shrink)

In this paper I first argue against one attractive formulation of the motivation argument, and against one attractive formulation of noncognitivism. I do so by example: I suggest that other-regarding normative judgments do not seem to have motivational powers and do not seem to be desires. After defending these two claims, I argue that other views can accommodate the motivational role of normative judgment without facing this objection. For example, desire-as-belief theories do so, since such theories only say (...) that some normative judgments constitute desires, not that all such judgments do so. In short, I argue that, if we are seeking a theory that explains the motivational role of normative judgement, some theories are better than others insofar as they do so without committing to the claim that all normative judgements play such a motivational role. (shrink)

At the heart of Levinas’s work is the apparently simple idea that through the encounter with another person, we are forced to give up our self-concern and take heed of the ethical relation between us. But, while simple on the surface, when one tries to characterize it in more detail, it can be hard to fit together the various ways in which Levinas talks about this relation and to identify precisely what he took its normative structure to be, as (...) this is described in a number of apparently different ways, that are not obviously compatible or equivalent, such as “command,” “call,” “summons,” “demand,” and so on. In this chapter, we intend to focus on these different characterizations and show what makes them different while also endeavoring to find a way in which Levinas’s conception may nonetheless be fitted together into a coherent account of the face-to-face encounter that is at the heart of his ethics. We will begin by considering the different normative terms used to characterize the encounter in that text and show how they are conceptually distinct from one another; we will then offer a way to read Levinas’s position to nonetheless show how these different normative relations can be fitted together into a stable position. (shrink)

In this paper, making reference to Robert Brandom's philosophical proposal - and against the background of Brandom's debate with Jürgen Habermas - I shall endeavor, first, to define the relation between recognition and normativity and then between recognition and criticism; in the final part of the paper I shall suggest a perspective that approaches recognition in terms of capacities. On this basis I attempt to see the critical attitude as something that is founded more on individual potentials than on formal (...) criteria and that is essentially connected with a power of redescription: a dialectical anthropology of recognition is thus the most promising base to account for that which substantiates our critical powers. (shrink)