This is a response to Erman and Moller's response to our reply to their 'Political Legitimacy in the Real Normative World', both also in this journal.

Do salient normative claims about politics require moral premises? Political moralists think they do, political realists think they do not. We defend the viability of realism in a two-pronged way. First, we show that a number of recent attacks on realism, as well as realist responses to those attacks, unduly conflate distinctively political normativity and non-moral political normativity. Second, we argue that Alex Worsnip and Jonathan Leader-Maynard’s recent attack on realist arguments for a distinctively (...) political normativity depends on assuming moralism as the default view, which places an excessive burden on the viability of realism, and so begs the question. Our discussion, though, does not address the relative merits of realism and moralism, so its upshot is relatively ecumenical: moralism need not be the view that all apt normative political judgments are moral judgments, and realism need not be the view that no apt normative political judgments are moral judgments. (shrink)

Realists in normative political theory aim to defend the importance of “distinctively political thought” as opposed to the applied ethics they believe characterizes much contemporary political theory and causes it to misunderstand and make mistakes about its subject matter. More conventional political theorists have attempted to respond to realism, including Jonathan Leader Maynard and Alex Worsnip, who have recently criticized five supposedly realist arguments for a distinctive political normativity. However, while Leader Maynard and Worsnip's (...) arguments are themselves less decisive than they suppose, the problem with their response may lay elsewhere. Their response supposes that more conventional political theory could, in principle, be defended at an abstract general level. This may not be possible though, given the difficulty of arriving at agreed interpretations of the concepts involved and the desiderata for a successful normative political theory. It also risks missing the point of realism, which is to use different forms of normative inquiry to explore questions which have not always been central to conventional normative political theory. Judith Shklar's excellent work on vices and the liberalism of fear nicely illustrates this problem. (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)

This paper provides a critical overview of the realist current in contemporary political philosophy. We define political realism on the basis of its attempt to give varying degrees of autonomy to politics as a sphere of human activity, in large part through its exploration of the sources of normativity appropriate for the political and so distinguish sharply between political realism and non-ideal theory. We then identify and discuss four key arguments advanced by political realists: (...) from ideology, from the relationship of ethics to politics, from the priority of legitimacy over justice and from the nature of political judgement. Next, we ask to what extent realism is a methodological approach as opposed to a substantive political position and so discuss the relationship between realism and a few such positions. We close by pointing out the links between contemporary realism and the realist strand that runs through much of the history of Western political thought. (shrink)

Does Normative Behaviourism Offer an Alternative Methodology in Political Theory?

The thesis of this paper is that utopianism is a theoretical necessity—we couldn’t, for example, engage in normative political philosophy without it—and, further, that in consciously embracing utopianism we will consequently experience an enrichment of our political lives. Thus, the title of my paper has a double meaning: it highlights the fact that utopianism always plays a normative role in political philosophy, as its concern is inevitably the promotion of a certain vision of the good life; and (...) secondly it suggests that there normatively ‘ought to be’ a recognized and respectable role for utopianism within political philosophy. The first meaning, I believe, is self-explanatory. Regarding the second, it expresses my hope to— in short— take what is old, and through a modest process of rehabilitation, make it new again. (shrink)

This article takes a new idea, ‘normative behaviourism’, and applies it to global political theory, in order to address at least one of the problems we might have in mind when accusing that subject of being too ‘unrealistic’. The core of this idea is that political principles can be justified, not just by patterns in our thinking, and in particular our intuitions and considered judgements, but also by patterns in our behaviour, and in particular acts of insurrection and (...) crime. The problem addressed is ‘cultural relativism’, understood here not as a meta-ethical doctrine, but as the apparent ‘fact’ that people around the world have culturally varying intuitions and judgements of a kind that lead them to affirm different political principles. This is a problem because it seems to follow (1) that global agreement on any substantial set of political principles is impossible, and (2) that any political theory in denial of this ‘fact’ would be, for that reason, deeply unrealistic. The solution argued for here is that, if domestic political principles (i.e. principles intended to regulate a single state) could be justified by normative behaviourism, and in reference to culturally invariant behaviour, then an international system supportive of such principles is justifiable by extension. (shrink)

Allies of those experiencing injustice or oppression face a dilemma: to be neutral in the face of calls to solidarity risks siding with oppressors, yet to speak or act on behalf of others risks compounding the injustice. We identify what we call ‘a normative demand for deference’ (NDD) to those with lived experience as a response to this dilemma. Yet, while the NDD is prevalent, albeit sometimes implicitly so, in contemporary solidarity theory and activist practice, it remains under-theorised. In this (...) article, we analyse the potential benefits of adhering to the NDD, highlighting both a commonly accepted epistemic benefit, and a neglected but important good in bearing witness. Yet adhering to the NDD also raises real challenges. While the literature focuses on a gold standard model of direct engagement, we defend a valuable role for a second-order form of engagement through reading, films, and similar media, which, we argue, is particularly salient for global and transnational solidarity, an important element of contemporary global politics. (shrink)

Just as different sciences deal with different facts—say, physics versus biology—so we may ask a similar question about normative theories. Is normative political theory concerned with the same normative facts as moral theory or different ones? By developing an analogy with the sciences, we argue that the normative facts of political theory belong to a higher— more coarse-grained—level than those of moral theory. The latter are multiply realizable by the former: competing facts at the moral level can underpin (...) the same facts at the political one. Consequently, some questions that moral theories answer are indeterminate at the political level. This proposal offers a novel interpretation of John Rawls’s idea that, in public reasoning, we should abstract away from comprehensive moral doctrines. We contrast our distinction between facts at different levels with the distinction between admissible and inadmissible evidence and discuss some implications for the practice of political theory. (shrink)

The aim of the article is to develop precise epistemic rules for good public political arguments, by which political measures in the broad sense are justified. By means of a theory of deliberative democracy, it is substantiated that the justification of a political measure consists in showing argumentatively that this measure most promotes the common good or is morally optimal. It is then discussed which argumentation-theoretical approaches are suitable for providing epistemically sound rules for arguments for such (...) theses and for the associated premises, rules whose compliance implies the truth or acceptability of the thesis. Finally, on the basis of the most suitable approach, namely the epistemological one, such systems of rules for the required types of arguments are presented that fulfil the conditions mentioned. (shrink)

Some theorists are suspicious of normative political theology because they believe it undermines critical rationality. In my view, these theorists neglect theological traditions that resist dogmatism through intensified critique. Because authoritarian dogma is not unique to religion, theology offers sophisticated techniques that may be useful for those who are not themselves religious. A normative theology that intensifies critique represents a valuable resource for political reflection, and not only for the faithful.

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)

In his article, I reconsider the normative dimensions of Michel Foucault's genealogical method, especially as they pertain to analyzing the nature of political institutions. He puts forward a normative reading of Foucauldian genealogical critique, and through its lens views political institutions as historically contingent phenomena. This helps us to see how political institutions are transformable.

In the last two decades Anglophone political theory witnessed a renewed interest in social-scientific empirical findings—partly as a reaction against normative theorizing centred on the formulation of abstract, intuition-driven moral principles. This brief paper begins by showing how this turn has taken two distinct forms: (i) a non-ideal theoretical orientation, which seeks to balance the emphasis on moral principles with feasibility and urgency considerations, and (ii) a fact-centric orientation, which seeks to ground normative conclusions in empirical results. The core (...) of the paper then compares and contrast three variants of fact-centric political theory: normative behaviourism, grounded normative theory, and radical realism. The upshot: normative behaviourism achieves focus on observable behaviour at the cost of status quo bias, grounded normative theory achieves radicalism at the cost of endorsing an activist orientation to theorising, and radical realism combines a non-activist orientation with the potential for far-reaching critique of the status quo. (shrink)

I begin this article with an increasingly accepted claim: that emotions lend differential weight to states of affairs, helping us conceptually carve the world and make rational decisions. I then develop a more controversial assertion: that environments have non-subjective emotional qualities, which organize behavior and help us make sense of the world. I defend this from ecological and related embodied standpoints that take properties to be interrelational outcomes. I also build on conceptions of experience as a cultural phenomenon, one that (...) coheres around shared environmental contours and public emotional concerns, introducing normative constraints (or what might be called “world grammars”). Endorsing this outlook suggests an argument for the view that cultural spaces have affectively charged, non-subjective, normative openings and closures. These openings and closures engender selectively permeable barriers which cordon space without physically preventing entry, as seen with decorative half walls and elevation changes. An area with such barriers may look emotionally hostile to, say, the dispirited homeless who are in fact less welcome there. Outcomes like these might be thought of as “political affordances.” These affordances can be regarded as normative openings and closures that implicitly filter, and hence segregate, according to various social divisions. Although registering political affordances requires more than the detection of ambient arrays, the notion retains core Gibsonian ideas: that affordances are values, that these values are linked with how a space can be used, and that the existence and nature of such affordances is not a subjective matter. (shrink)

This paper advances normative theorizing about political parties by highlighting concerns arising from recent empirical scholarship on marginal partisanship, affective polarization, and identity convergence. These phenomena challenge the ideal of healthy partisanship as characterized in recent democratic theory, and point toward a new theoretical agenda. I argue that democratic theorists' current focus on the virtues of mature partisanship has obscured essential questions about the scope of partisanship as an ideal and about processes of partisan socialization and mobilization.

Reshaping our methodological research tools for adequately capturing injustice and domination has been a central aspiration of feminist philosophy and social epistemology in recent years. There has been an increasingly empirical turn in recent feminist and political theorization, engaging with case studies and the challenges arising from conducting research in solidarity with unequal partners. I argue that these challenges cannot be resolved by merely adopting a norm and stance of deference to those in the struggle for justice. To conduct (...) philosophical research in an engaged and solidaristic manner, I suggest that deference be supplemented by three methodological and normative principles: 1) epistemic humility, 2) accountability, and 3) co-producing knowledge. I situate these principles within contemporary philosophical work on solidarity, and show how they might help confront power imbalances and other methodological hazards that arise when conducting research in solidarity with others. I arrive at these principles in part by critically reflecting on my own attempt to conduct research in solidarity with women’s rights activists in Senegal. (shrink)

In the discipline of international relations there are contending general theories or theoretical perspectives. Realism, also known as political realism, is a view of international politics that stresses its competitive and conflictual side. It is usually contrasted with idealism or liberalism, which tends to emphasize cooperation. Realists consider the principal actors in the international arena to be states, which are concerned with their own security, act in pursuit of their own national interests, and struggle for power. The negative side (...) of the realists’ emphasis on power and selfinterest is often their skepticism regarding the relevance of ethical norms to relations among states. National politics is the realm of authority and law, whereas international politics, they sometimes claim, is a sphere without justice, characterized by active or potential conflict among states. Not all realists, however, deny the presence of ethics in international relations. The article presents a comprehensive picture of political realism. -/- Korab-Karpowicz, W. Julian, "Political Realism in International Relations", The Stanford Encyclopedia of Philosophy (Summer 2018 Edition), Edward N. Zalta (ed.). (shrink)

As part of recent epistemic challenges to democracy, some have endorsed the implementation of epistemic constraints on voting, institutional mechanisms that bar incompetent voters from participating in public decision-making procedures. This proposal is often considered incompatible with a commitment to political equality. In this paper, I aim to dispute the strength of this latter claim by offering a theoretical justification for epistemic constraints on voting that does not rest on antiegalitarian commitments. Call this the civic accountability justification for epistemic (...) constraints on voting. On this view, voters stand to one another in a normative relation of reciprocal accountability that requires them to uphold an epistemically responsible conduct. Modest epistemic constraints on voting are justifiable because they secure that participation in voting is conforming to this normative requirement. Thanks to its distinctive features, the civic accountability justification can overcome two problems that egalitarians commonly associate with the idea of epistemic constraints on voting: the disrespect problem and the hierarchy problem. (shrink)

-/- This essay discusses the relation between ideal theory and two forms of political moralism identified by Bernard Williams, structural and enactment views. It argues that ideal theory, at least in the sense Rawls used that term, only makes sense for structural forms of moralism. These theories see their task as describing the constraints that properly apply to political agents and institutions. As a result, they are primarily concerned with norms that govern action. In contrast, many critiques of (...) ideal theory are structured and motivated by their commitment to an enactment model of political theorizing. This instead sees political agents and institutions as instruments for producing or promoting better states of affairs. Enactment models treat the evaluations that rank different states of affairs as justificatorily basic, rather than norms governing action on which structural models focus. This reveals an important feature of debates about ideal theory. Whether ideal theory is capable of appropriately guiding action will depend on what the criteria for appropriately guiding action are, about which different theorists have importantly different views. For example, some popular strategies for defending ideal theory fail, while it may be much less clear that some alternatives to ideal theory can provide action guidance than their advocates claim. (shrink)

This article argues that Bernard Williams’ Critical Theory Principle (CTP) is in tension with his realist commitments, i.e., deriving political norms from practices that are inherent to political life. The Williamsian theory of legitimate state power is based on the central importance of the distinction between political rule and domination. Further, Williams supplements the normative force of his theory with the CTP, i.e., the principle that acceptance of a justification regarding power relations ought not to be created (...) by the very same coercive power. I contend that the CTP is an epistemic criterion of reflective (un)acceptability which is not strictly connected to the question of whether people are dominated or not. I show that there are cases of non-domination that fail the epistemic requirements of the CTP. (shrink)

Culture is a notoriously elusive concept. This fact has done nothing to hinder its popularity in contemporary analytic political philosophy among writers like John Rawls, Will Kymlicka, Michael Walzer, David Miller, Iris Marion Young, Joseph Raz, Avishai Margalit and Bikhu Parekh, among many others. However, this should stop, both for the metaphysical reason that the concept of culture, like that of race, is itself either incoherent or lacking a referent in reality, and for several normative reasons. I focus on (...) the following interconnected points: • The vagueness of the term allows a myriad of candidates to claim rights, and typically to the detriment of increased equality and environmental goals . • Cultural capital cannot be regulated in the way that political capital must be regulated without undermining the cultures supposedly being protected. And the possession of cultural capital is almost never democratically regulated. In particular, granting cultures political status creates intergenerational conflict, rewarding the elders and creating incentives to be conservative and restrict cultural mobility of the younger generation. •The notion of a group owning “its” culture is conceptually suspect and corrupted by the foregoing points about unequal cultural capital. In defending a group’s right to preserve its culture we do not defend equally the rights of the individuals that make it up , and we ignore altogether the rights of those who may be unfairly denied recognition as “members” of the culture. (shrink)

We sometimes violate social norms in order to express our views and to trigger public debates. Many extant accounts of social norms don’t give us any insight into this phenomenon. Drawing on Cristina Bicchieri’s work, I am putting forward an empirical hypothesis that helps us to understand such norm violations. The hypothesis says, roughly, that we often adhere to norms because we are systematically blind to norm-violating options. I argue that this hypothesis is independently plausible and has interesting consequences. It (...) implies, e.g., that some experimental paradigms for investigating social norms have hitherto unnoticed shortcomings. (shrink)

This article examines the methodology of a core branch of contemporary political theory or philosophy: “analytic” political theory. After distinguishing political theory from related fields, such as political science, moral philosophy, and legal theory, the article discusses the analysis of political concepts. It then turns to the notions of principles and theories, as distinct from concepts, and reviews the methods of assessing such principles and theories, for the purpose of justifying or criticizing them. Finally, it (...) looks at a recent debate on how abstract and idealized political theory should be, and assesses the significance of disagreement in political theory. The discussion is carried out from an angle inspired by the philosophy of science. (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)

This paper outlines an account of political realism as a form of ideology critique. Our focus is a defence of the normative edge of this critical-theoretic project against the common charge that there is a problematic trade-off between a theory’s groundedness in facts about the political status quo and its ability to consistently envisage radical departures from the status quo. To overcome that problem we combine insights from three distant corners of the philosophical landscape: theories of legitimacy by (...) Bernard Williams and other realists, Frankfurt School-inspired Critical Theory, and recent analytic epistemological and metaphysical theories of cognitive bias, ideology, and social construction. The upshot is a novel account of realism as empirically-informed diagnosis- critique of social and political phenomena. This view rejects a sharp divide between descriptive and normative theory, and so is an alternative to the anti- empiricism of some approaches to Critical Theory as well as to the complacency towards existing power structures found within liberal realism, let alone mainstream normative political philosophy, liberal or otherwise. (shrink)

In her recent book, Faces of Inequality (2020), Moreau aims at developing a normative account of discrimination that is guided by the main features of anti-discrimination law. The critical comment argues against this methodology, indicating that due to indeterminacy relative to their underlying normative principles, central anti-discrimination norms cannot fulfill this guiding role. Further, using the content of such norms to guide ethical discussions is likely to be misleading, as it reflects evidentiary considerations that are unique to the legal context. (...) The critical comment’s claims are developed based on a close examination of indirect discrimination (or disparate impact) norms, and, as such, have wider implications for ongoing moral and political debates that are heavily influenced by the content of these norms. (shrink)

In his recent book Democratic Authority, David Estlund defends a strikingly new and interesting account of political authority, one that makes use of a distinctive kind of hypothetical consent that he calls ‘normative consent’: a person can come to have a duty to obey another when it is the case that, were she given the chance to consent to the duty, she would have a duty to consent to it. If successful, Estlund’s account promises to provide what has arguably (...) so far remained elusive: the basis for the authority of suitably democratic laws. In this paper, I argue that, despite its promise, the account Estlund develops is, in a crucial respect, incoherent: the principle of normative consent that he offers relies on a claim about a hypothetical situation, but the hypothetical situation at issue is one that, according to the principle itself, is morally impossible. (shrink)

A prevalent political narrative is that we are facing an epistemological crisis, where many citizens no longer care about truth and facts. Yet the view that we are living in a post-truth era relies on some implicit questionable empirical and normative assumptions. The post-truth rhetoric converts epistemic issues into motivational issues, treating people with whom we disagree as if they no longer believe in or care about truth. This narrative is also dubious on epistemic, moral, and political grounds. (...) It is epistemically dubious in being largely insensitive to the problem of complexity in politics; it is morally dubious because “post-truth” is often a derogatory label for individuals or groups that are deemed stupid, irrational, or morally compromised; and it is a politically toxic neologism because it purports to use the language of ‘truth’ as a weapon against power, yet these truth-claims are often themselves attempts to exert power over others by delegitimizing their perspectives. While it may seem as if truth and democracy are on especially bad terms lately, politics and truth have long had a vexed relationship, and moral panics about the value of truthfulness in politics are as old as politics itself. (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)

An important theme in recent experimental philosophy is that certain judgements (e.g. our judgements involving intentional action and causation) exhibit a kind of normative penetration whereby, in spite of a not-obviously-normative subject matter, they turn out to be sensitive to, and co-vary with, our normative attitudes in interesting and surprising ways. We present the results of several new experimental studies that suggest that our judgements about feasibility also appear to exhibit this kind of normative penetration in at least some cases; (...) that the best explanation of it involves attributing to subjects a certain kind of extensional error that results from conflating the question at hand with another question that is more salient given their normative attitudes; and that these conclusions have significant, though not straightforward, implications for our understanding of both normative penetration and feasibility, respectively. (shrink)

The European project was aimed from the outset, alongside reconciliation (peace) and economic reconstruction (prosperity), at a degree of political integration too. Political integration has progressed modestly. Not everybody is convinced of its benefits. Besides, the notion of a European polity opens the question about its sources of cohesion. Those sources are more or less evident in the member states – language, history, legal, political and religious traditions, for instance. They give, say, Latvia, Italy or Hungary a (...) certain degree of unity – a national identity. But what ought to be that source of cohesion – or identity – for the European Union (EU) considered as a whole? This paper analyses five normative conceptions about such ‘European identity’ (EI) – cultural, legal, economic, international and cosmopolitan – and suggests that they are not mutually exclusive, but can be combined in a synthetic notion that promises to reflect in a more comprehensive and accurate way the sources of the minimal unity required to hold the EU polity together. (shrink)

David Lewis presented Convention as an alternative to the conventionalism characteristic of early-twentieth-century analytic philosophy. Rudolf Carnap is well known for suggesting the arbitrariness of any particular linguistic convention for engaging in scientific inquiry. Analytic truths are self-consistent, and are not checked against empirical facts to ascertain their veracity. In keeping with the logical positivists before him, Lewis concludes that linguistic communication is conventional. However, despite his firm allegiance to conventions underlying not just languages but also social customs, he pioneered (...) the view that convening need not require any active agreement to participate. Lewis proposed that conventions arise from “an exchange of manifestations of a propensity to conform to a regularity” (87–8). In reasserting the conventional quality of languages and other practices resting on mutual expectations, Lewis comfortably works within the analytic tradition. Yet he also deviates from his predecessors because his conventionalist approach is comprehensively grounded in instrumentalism. Lewis adopts an extension of David Hume's desire-belief psychology articulated in rational choice theory. He develops his philosophy of convention relying on the highly formal mid-twentieth-century expected utility and game theories. This attempt to account for language and social customs wholly in terms of instrumental rationality has the implication of reducing normativity to preference satisfaction. Lewis’ approach continues in the trend of undermining normative political philosophy because institutions and practices arise spontaneously, without the deliberate involvement of agents. Perhaps Lewis’ Convention is best seen as a resurgent form of analytic philosophy, characterized by “a style of argument, hostility to [ambitious] metaphysics, focus on language, and the dominance of logic and formalization” that solves the dilemma of “combining the analytic inheritance…with normative concerns” by reducing normativity to individuals’ preference fulfillment consistent with the axioms of rational choice. (shrink)

This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...) years earlier for two murders. Delling never had the opportunity to plead the insanity defense because his home state, Idaho, had abolished it in 1982. -/- By depriving Delling of the right to plead insanity, Idaho violated Delling’s Fourteenth Amendment right to due process and his Eighth Amendment right against “cruel and unusual” punishment. Naturally, the same is true for many other mentally ill and disabled defendants who have been prosecuted in Idaho and in the other three states that have abolished the insanity defense: Kansas, Montana, and Utah. -/- The second general part of this Article notes an insight that I stumbled upon in the course of researching the first part: the insanity defense and the mistake of law defense both require ignorance of the law, what I refer to as “normative ignorance.” Indeed, normative ignorance is what makes both of these defenses exculpatory in the first place. -/- Given this critical connection, there is a way for Idaho, Kansas, Montana, and Utah to resume compliance with the Constitution. Instead of reinstating the insanity defense per se, which might be politically unpopular, they should just broaden their mistake of law defense to include normative ignorance caused by cognitive incapacity that is itself caused by mental illness or disability. -/- Still, this Article is not merely directed at these four western states. It is directed at the other forty-six states as well. Because they already have an insanity defense, they need not incorporate it into their mistake of law defense. But in the third general part, I will argue that they should still expand their mistake of law defense to cover defendants who either lack a reasonable opportunity to learn the law or reasonably but mistakenly infer from widely accepted norms or ethics that their conduct is lawful. (shrink)

Women continue to be in charge of most childrearing; men continue to be responsible for most breadwinning. There is no consensus on whether this state of affairs, and the informal norms that encourage it, are matters of justice to be tackled by state action. Feminists have criticized political liberalism for its alleged inability to embrace a full feminist agenda, inability explained by political liberals’ commitment to the ideal of state neutrality. The debate continues on whether neutral states can (...) accommodate two feminist demands: to enact policies aimed at dismantling the feminization of caregiving, especially childrearing, and to compensate women for some of the disadvantages they incur by being primary care-givers. I contribute to this debate with three arguments in support of policies meant to de-gender care-giving and compensate care-givers. The first appeals to equality of opportunity to positions of advantage and justifies policies that prevent or mitigate statistical discrimination and implicit biases. The second draws attention to a possible causal relationship between the specialization of women in early childcare and misogyny; since the latter is incompatible with political liberal justice, it yields the conclusion that political liberals ought to further investigate the causal hypothesis with the aim of establishing or refuting it. The third argument concludes that legitimate childrearing prohibits adults from socializing children or, at least girls, into gender norms; it justifies duties of justice on the side of parents, educators, and economic agents, and state policies meant to offset foreseeable breaches of some of these duties. (shrink)

Recent methodological debates regarding the place of feasibility considerations in normative political theory are hindered for want of a rigorous model of the feasibility frontier. To address this shortfall, I present an analysis of feasibility that generalizes the economic concept of a production possibility frontier and then develop a rigorous model of the feasibility frontier using the familiar possible worlds technology. I then show that this model has significant methodological implications for political philosophy. On the Target View, a (...) political ideal presents a long-term goal for morally progressive reform efforts and, thus, serves as an important reference point for our specification of normative political principles. I use the model to show that we can- not reasonably expect that adopting political ideals as long-term reform objectives will guide us toward the realization of morally optimal feasible states of affairs. I conclude by proposing that political philosophers turn their attention to the analysis of actual social failures rather than political ideals. (shrink)

Naturalism is normally taken to be an ideology, censuring non-naturalistic alternatives. But as many critics have pointed out, this ideological stance looks internally incoherent, since it is not obviously endorsed by naturalistic methods. Naturalists who have addressed this problem universally foreswear the normative component of naturalism by, in effect, giving up science’s exclusive claim to legitimacy. This option makes naturalism into an empty expression of personal preference that can carry no weight in the philosophical or political spheres. In response (...) to this dilemma, I argue that on a popular (but largely unarticulated) construal of naturalism as a commitment to inference to the best explanation, methodological naturalism can be both normative and internally coherent. (shrink)

Advocates of political liberalism hold it as a superior alternative to perfectionism on the grounds that it avoids superfluous and/or controversial claims in favor of a maximally-inclusive approach undergirded by a "free-standing" justification for the ideology. These assertions prove difficult to defend: political interpretations of liberalism tend to be implicitly ethnocentric; they often rely upon a number of controversial, and even empirically falsified, assumptions about rationality--and in many ways prove more parochial than their perfectionist cousins. It is possible (...) to reform political liberalism to address these challenges, but generally at the expense of the supposed normative force and universality of the liberal project. However, this para-liberal approach is much better in keeping with contemporary findings in sociology, psychology and cognitive science--and can much more effectively accommodate the illiberal challenge. (shrink)

The paper offers five desiderata on a realist normative theory of politics: that it should avoid moralism, deontologism, transcendentalism, utopianism, and vanguardism. These desiderata argue for a theory that begins from values rooted in a people’s experience; that avoids prescribing a collective deontological constraint; that makes the comparison of imperfect regimes possible; that takes feasibility and sustainability into account; and that makes room for the claims of democracy. The paper argues, in the course of exploring the desiderata, that a neo-republican (...) philosophy of government does pretty well in satisfying them. (shrink)

The world has surpassed three million deaths from COVID-19, and faces potentially catastrophic tipping points in the global climate system. Despite the urgency, governments have struggled to address either problem. In this paper, we argue that COVID-19 and anthropogenic climate change (ACC) are critical examples of an emerging type of governance challenge: severe collective action problems that require significant individual behavior change under conditions of hyper- partisanship and scientific misinformation. Building on foundational political science work demonstrating the potential for (...) norms (or informal rules of behavior) to solve collective action problems, we analyze more recent work on norms from neighboring disciplines to offer novel recommendations for more difficult challenges like COVID-19 and ACC. Key insights include more attention to (1) norm-based messaging strategies that appeal to individuals across the ideological spectrum or that reframe collective action as consistent with resistant subgroups’ pre-existing values, (2) messages that emphasize both the prevalence and the social desirability of individual behaviors required to address these challenges, (3) careful use of public policies and incentives that make individual behavior change easier without threatening norm internalization, and (4) greater attention to epistemic norms governing trust in different information sources. We conclude by pointing out that COVID-19 and climate change are likely harbingers of other polarized collective action problems that governments will face in the future. By connecting work on norms and political governance with a broader, interdisciplinary literature on norm psychology, motivation, and behavior change, we aim to improve the ability of political scientists and policy makers to respond to these and future collective action challenges. (shrink)

Why and how do norms emerge? Which norms emerge and why these ones in particular? Such questions belong to the ‘problem of the emergence of norms’, which consists of an inquiry into the production of norms in social collectives. I address this question through the ethnographic study of the emergence of ‘norms against violence’ in the political collective Occupy Geneva. I do this, first, empirically, with the analysis of my field observations; and, second, theoretically, by discussing my findings. In (...) consequence of two episodes categorized as sexual assaults that occurred in their camp, the members of Occupy Geneva decided to tackle those issues in a general assembly. Their goal was to amend their first charter of good conduct in order to reform its norms and complete it with norms aiming to regulate ‘facts’ of ‘unjustified violence’. During a collective deliberation, new norms were devised, debated and consensually adopted. The writing of the new charter took place in a second general assembly during which the wording of the written norms was collectively decided. I show that indignation over the sexual assaults was the main motive that led to the collective deliberation, and that the entire process of the making of these norms was characterized by different collective emotions. Indeed, indignation, contempt and fear played major roles in the emergence of norms prohibiting violence, allowing punishment and exclusion of wrongdoers, and prescribing collective intervention against an aggressor to neutralize the threat represented. These findings prompt me to hypothesize that social norms emerge from emotions thanks to the latters’ internal structure; and that emotions provide causal and grounding explanations for this emergence. Thus, emotions allow us to answer the questions: ‘Why do norms emerge?’ and ‘Why do they have their specific forms?’ In short, I argue that social norms have emotional foundations. (shrink)

"Dissertation Advisor: Richard Cobb-Stevens Second Reader: David Rasmussen -/- My overall concern is with the Kantian legacy in political thought. More specifically, I want to know if normative talk is still viable in the wake of Wittgenstein and the linguistic turn; and if so, in what form. Most commentators today believe we have to choose between these two thinkers, either sacrificing a real concern with normativity (“relativism”) or a convincing engagement with our ordinary language (“universalism”). I follow Hilary (...) Putnam in thinking we do not have to choose between these rather drastic construals. It might still be possible to defend the force and relevance of normative exchange while still being alive to the drift of ordinary communication. This middle stance is best exemplified, I believe, by what I have called normative evaluation. -/- Basically, I am building on and extending insights and styles of argumentation that Putnam has pioneered over the years. The universalist’s rigid dichotomies (norms vs. values, rules vs. attitudes, thick vs. thin ethical concepts, justice vs. the good life, etc.) all fail the test of ordinary language. As Putnam has also shown, however, we do rely on paired concepts like these and they might still be argued to be strong—rational—enough to justify making *relative distinctions*. A relative distinction between values and norms is decisive, I think, because it would put us in the position to talk meaningfully about and reasonable settle what is more proper to one particular individual, group, or society from what is less so, thereby also making possible a normative exchange *between* them. I am therefore taking Putnam as pointing out a way to preserve key Kantian insights about the irreducibility and ubiquity of the normative while discarding his transcendental wrapping, all the while avoiding the kind of slide to wholesale cultural relativism that so easily follows in the wake of standard critiques of Kant. -/- Chapter 1: General survey. Chapter 2: Historical background (Kant, Kierkegaard, Wittgenstein). Chapter 3: Basic language philosophical arguments. Chapter 4: Rejection of the quasi-transcendental model (Apel & Habermas). Chapter 5: Confrontation with Political Liberalism (the later Rawls). (shrink)

In this rejoinder to Erman and Möller’s reply to our “Political Norms and Moral Values” we clarify the sense in which there can be specifically political values, and expound the practice-dependent notion of legitimacy adopted by our preferred version of political realism.

Right-wing intellectuals often invoke Nietzsche's concept of slave morality to underpin their criticism of 'political correctness' ('PC'). This interconnection of Nietzsche's slave morality and 'PC' criticism is correct, as a systematic analysis of their common elements shows, which leads to a new description of 'PC' criticism as a defense of privilege. In contrast to the right-wing Nietzschean 'PC' critique, the left-wing Nietzschean concept of a privilege-critical ‘political judgement' understands politics as a struggle for power, in which the space (...) of the political and related discourses are always already regulated and determine the conditions under which resources and privileges are distributed. Therefore, it is appropriate for an emancipatory position to critically question the established norms and to support political projects that aim to rewrite them. Because 'PC', as emancipative political judgement, dismantles privileges, its restricting of the privileged is not a side effect to be avoided but one of its reasonable core effects. Left-wing Nietzscheanism helps to avoid being surprised by right-wing aggression and to counter it vigorously by setting strict political norms. (shrink)

This paper provides an agonistic interpretation of Robert Brandom's social-pragmatic account of normativity. I argue that social practice, on this approach, should be seen not just as cooperative, but also as contestatory. This aspect, which has so far remained implicit, helps to illuminate Brandom's claim that normative statuses are ‘instituted’ by social practices: normative statuses are brought into play in mutual engagement, and are only in play from an engaged social perspective among others. Moreover, in contrast to a positivist (...) or conventionalist understanding of Brandom's work, it shows that the possibility of a critical stance toward existing practices is not only compatible with, but already implicit in this form of pragmatism. This can be made explicit with the notion of farcical practices: practices that are treated merely as if they institute genuine commitments and entitlements. Interpreting a practice as farcical is taking a critical stance toward it, and this possibility is inherent in Brandom's theoretical framework. This opens the way for a fruitful appropriation of Brandom's pragmatism for social and political philosophy. (shrink)

Some artificial intelligence systems can display algorithmic bias, i.e. they may produce outputs that unfairly discriminate against people based on their social identity. Much research on this topic focuses on algorithmic bias that disadvantages people based on their gender or racial identity. The related ethical problems are significant and well known. Algorithmic bias against other aspects of people’s social identity, for instance, their political orientation, remains largely unexplored. This paper argues that algorithmic bias against people’s political orientation can (...) arise in some of the same ways in which algorithmic gender and racial biases emerge. However, it differs importantly from them because there are strong social norms against gender and racial biases. This does not hold to the same extent for political biases. Political biases can thus more powerfully influence people, which increases the chances that these biases become embedded in algorithms and makes algorithmic political biases harder to detect and eradicate than gender and racial biases even though they all can produce similar harm. Since some algorithms can now also easily identify people’s political orientations against their will, these problems are exacerbated. Algorithmic political bias thus raises substantial and distinctive risks that the AI community should be aware of and examine. (shrink)

Over the last decade, Axel Honneth has established himself as one of the leading social and political philosophers in the world today. Rooted in the tradition of critical theory, his writings have been central to the revitalization of critical theory and have become increasingly influential. His theory of recognition has gained worldwide attention and is seen by some as the principal counterpart to Habermass theory of discourse ethics. In this important new volume, Honneth pursues his path-breaking work on recognition (...) by exploring the moral experiences of disrespect that underpin the conduct of social and political critique. What we might conceive of as a striving for social recognition initially appears in a negative form as the experience of humiliation or disrespect. Honneth argues that disrespect constitutes the systematic key to a comprehensive theory of recognition that seeks to clarify the sense in which institutionalized patterns of social recognition generate justified demands on the way subjects treat each other. This new book by one of the leading social and political philosophers of our time will be of particular interest to students and scholars in social and political theory and philosophy. (shrink)