Presumption is a complex concept in law, affecting the dialogue setting. However, it is not clear how presumptions work in everyday argumentation, in which the concept of “plausible argumentation” seems to encompass all kinds of inferences. By analyzing the legal notion of presumption, it appears that this type of reasoning combines argument schemes with reasoning from ignorance. Presumptive reasoning can be considered a particular form of reasoning, which needs positive or negative evidence to carry a probative weight on the (...) conclusion. For this reason, presumptions shift the burden of providing evidence or explanations onto the interlocutor. The latter can provide new information or fail to do so: whereas in the first case the new information rebuts the presumption, in the second case, the absence of information that the interlocutor could reasonably provide strengthen the conclusion of the presumptive reasoning. In both cases the result of the presumption is to strengthen the conclusion of the reasoning from lack of evidence. As shown in the legal cases, the effect of presumption is to shift the burden of proof to the interlocutor; however, the shift a presumption effects is only the shift of the evidential burden, or the burden of completing the incomplete knowledge from which the conclusion was drawn. The burden of persuasion remains on the proponent of the presumption. On the contrary, reasoning from definition in law is a conclusive proof, and shifts to the other party the burden to prove the contrary. This crucial difference can be applied to everyday argumentation: natural arguments can be divided into dialectical and presumptive arguments, leading to conclusions materially different in strength. -/- . (shrink)

One of the most detailed early modern discussions of the morality of esteem can be found in the work of the reformed jurist and historian Marquard Freher (1565–1614). Since the question of how much esteem others deserve is fraught with a high degree of uncertainty, Freher relied on the work of other legal humanists, who discussed questions of esteem from the perspective of arguments from the presumption of goodness. The humanist approach to the presumption of goodness integrated considerations about presumed (...) non-delinquency with considerations concerning natural needs, natural rights and natural duties grounded in natural rational capacities common to all (grown-up, healthy) human beings. It advised us to fulfill natural duties that derive from the natural need of being held in good esteem by others, and to develop socially valuable attitudes such as trust and positive emotions toward others. At the same time, this approach was responsive to considerations of prudence, both in grounding the presumption of goodness in considerations concerning causal powers and in balancing the presumption of goodness against a variety of presumptions of badness. Freher applied this understanding of the presumption of goodness to political practice in his role as an advisor to the Palatinate. (shrink)

Weak particularism about reasons is the view that the normative valency of some descriptive considerations varies, while others have an invariant normative valency. A defence of this view needs to respond to arguments that a consideration cannot count in favour of any action unless it counts in favour of every action. But it cannot resort to a global holism about reasons, if it claims that there are some examples of invariant valency. This paper argues for weak particularism, and presents a (...) framework for understanding the relationships between practical reasons. A central part of this framework is the idea that there is an important kind of reason-a 'presumptive reason'-which need not be conclusive, but which is neither pro tanto nor prima facie. /// [Richard Holton] Should particularists about ethics claim that moral principles are never true? Or should they rather claim that any finite set of principles will not be sufficient to capture ethics? This paper explores and defends the possibility of embracing the second of these claims whilst rejecting the first, a position termed 'principled particularism'. The main argument that particularists present for their position-the argument that holds that any moral conclusion can be superseded by further considerations-is quite compatible with principled particularism; indeed, it is compatible with the idea that every true moral conclusion can be shown to follow deductively from a finite set of premises. Whilst it is true that these premises must contain implicit ceteris paribus clauses, this does not render the arguments trivial. On the contrary, they can do important work in justifying moral conclusions. Finally the approach is briefly applied to the related field of jurisprudence. (shrink)

In his “Critical Response,” William Curtis presents three main criticisms against my position elaborated in “In Defense of Nonliberal Nationalism.” First, he alleges that my conception of national membership is “voluntarist” and ultimately liberal. Second, he claims that my position on nonliberal democracy is “quintessentially liberal.” Third, he charges that my account of nonliberal nationalism would allow the oppression of minorities. The first charge is based on Curtis’s misreading of my article. The second charge is interesting and worthy of consideration (...) in itself. Yet Curtis fails to advance a clear argument to support it. The third charge has been dealt with in my original article, but I shall restate it here to meet Curtis’s objection. Although I shall address all three, the focus will be on the second, as I believe that it poses the strongest challenge to my position. In responding to these charges, I shall provide necessary clarification and elaboration and thereby strengthen the critiques, as Curtis’s own arguments are often unclear or non-existent. (shrink)

Philosophers have assumed that as long as discriminatory admission and exclusion policies are off the table, it is possible for one to adopt a restrictionist position on the issue of immigration without having to worry that this position might entail discriminatory outcomes. The problem with this assumption emerges, however,when two important points are taken into consideration. First, immigration controls are not simply discriminatory because they are based on racist or ethnocentric attitudes and beliefs, but can themselves also be the source (...) of social and civic ostracism. Second, by focusing so much on questions of admission and exclusion, philosophers have tended to overlook the discriminatory potential of immigration enforcement mechanisms. In this essay, I make the case that philosophers who deal with the issue of immigration cannot dispense with the potential for discrimination in a state's enforcement mechanism as easily as they have with the potential for discrimination in a state’s admission and exclusions criteria. In addition, I put forth the positive claim that the way to combat this potential for discrimination (e.g., xenophobia) must begin with a defense of, and advocacy for, immigrant rights. (shrink)

Wright’s judgement-dependent account of intention is an attempt to show that truths about a subject’s intentions can be viewed as constituted by the subject’s own best judgements about those intentions. The judgements are considered to be best if they are formed under certain cognitively optimal conditions, which mainly include the subject’s conceptual competence, attentiveness to the questions about what the intentions are, and lack of any material self-deception. Offering a substantive, non-trivial specification of the no-self-deception condition is one of the (...) main problems for Wright. His solution is to view it as a positive presumption, which is violated only if there is strong evidence to the effect that the subject is self-deceived. In this paper, I will argue that the concern about self-deception in Wright’s account is misplaced and generally unmotivated. (shrink)

There is a general presumption that epistemology does not have anything to do with wellbeing. In this paper I challenge these assumption, by examining the aftermath of the Gettier examples, the debate between internalism and externalism and the rise of virtue epistemology. In focusing on the epistemic agent as the locus of normativity, virtue epistemology allows one to ask questions about epistemic goods and their relationship to other kinds of good, including the good of the agent. Specifically it is argued (...) that emotion has a positive role to play in epistemology, an example from Aquinas is used to illustrate this and to illustrate the different kinds of good involved in cognition. (shrink)

Conpiracy theories are widely deemed to be superstitious. Yet history appears to be littered with conspiracies successful and otherwise. (For this reason, "cock-up" theories cannot in general replace conspiracy theories, since in many cases the cock-ups are simply failed conspiracies.) Why then is it silly to suppose that historical events are sometimes due to conspiracy? The only argument available to this author is drawn from the work of the late Sir Karl Popper, who criticizes what he calls "the conspiracy theory (...) of society" in The Open Society and elsewhere. His critique of the conspiracy theory is indeed sound, but it is a theory no sane person maintains. Moreover, its falsehood is compatible with the prevalence of conspiracies. Nor do his arguments create any presumption against conspiracy theories of this or that. Thus the belief that it is superstitious to posit conspiracies is itself a superstition. The article concludes with some speculations as to why this superstition is so widely believed. (shrink)

This paper takes a fresh look at the nativism–empiricism debate, presenting and defending a nativist perspective on the mind. Empiricism is often taken to be the default view both in philosophy and in cognitive science. This paper argues, on the contrary, that there should be no presumption in favor of empiricism (or nativism), but that the existing evidence suggests that nativism is the most promising framework for the scientific study of the mind. Our case on behalf of nativism has four (...) parts. (1) We characterize nativism’s core commitments relative to the contemporary debate between empiricists and nativists, (2) we present the positive case for nativism in terms of two central nativist arguments (the poverty of the stimulus argument and the argument from animals), (3) we respond to a number of influential objections to nativist theories, and (4) we explain the nativist approach to the conceptual system. (shrink)

In this article, I present a new interpretation of the pro-life view on the status of early human embryos. In my understanding, this position is based not on presumptions about the ontological status of embryos and their developmental capabilities but on the specific criteria of rational decisions under uncertainty and on a cautious response to the ambiguous status of embryos. This view, which uses the decision theory model of moral reasoning, promises to reconcile the uncertainty about the ontological status of (...) embryos with the certainty about normative obligations. I will demonstrate that my interpretation of the pro-life view, although seeming to be stronger than the standard one, has limited scope and cannot be used to limit destructive research on human embryos. (shrink)

In Animal Ethics in Context, Clare Palmer tries to harmonise two competing approaches to animal ethics. One focuses on the morally relevant capacities that animals possess. The other is the Laissez-Faire Intuition (LFI): the claim that we have duties to assist domesticated animals but should (at least generally) leave wild animals alone. In this paper, I critique the arguments that Palmer offers in favour of the No-Contact LFI - the view that we have (prima facie) duties not to harm wild (...) animals but no duties to assist them. I argue that Palmer's endorsement of the No-Contact LFI is unwarranted. Her arguments actually provide strong reasons to endorse what I call the Gradient View - a position that posits weak presumptive duties to assist wild animals that become stronger as our relations with the animals grow stronger. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...) and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

Just war theory is currently dominated by two positions. According to the orthodox view, provided that jus in bello principles are respected, combatants have an equal right to fight, regardless of the justice of the cause pursued by their state. According to “revisionists” whenever combatants lack reasons to believe that the war they are ordered to fight is just, their duty is to disobey. I argue that when members of a legitimate state acting in good faith are ordered to fight, (...) they acquire a pro-tanto obligation to obey which does not depend for its validity on the justice of the cause being pursued. However, when the war is unjust, this obligation may be overridden, under certain conditions, by the obligation not to contribute to the unjustified killing of innocents. This is because the pro-tanto force of the duty to obey the law is best understood in terms of “presumptive”, rather than “exclusionary” reasons for action. This approach captures the insights of both the orthodox and the revisionist view, while avoiding the problems that afflict each of them. (shrink)

Metaphors can be used as crucial tools for reaching shared understanding, especially where an epistemic imbalance of knowledge is at stake. However, metaphors can also represent a risk in intercultural or cross-cultural interactions, namely in situations characterised by little or deficient common ground between interlocutors. In such cases, the use of metaphors can lead to misunderstandings and cause communicative breakdowns. The conditions defining when metaphors promote, and hinder understanding have not been analyzed in detail, especially in intracultural contexts. This study (...) proposes an analysis of metaphors identified within an Italian corpus of diabetes care interviews. Through a coding scheme capturing the types and the probative weights of the linguistic evidence that can be used to detect misunderstandings, the communicative effectiveness of metaphors is indirectly assessed. The quantitative and qualitative analyses show a positive correlation between metaphor use and problematic understanding. A more detailed scrutiny of the interlocutors’ roles and topics of the metaphors points out that most of the problematic metaphors are used by patients, while most of the problematic ones used by providers concern non-clinical matters. These results can be explained as resulting from incorrect presumptions of common ground between the interlocutors. (shrink)

Conditional pacifism is the view that war is morally justified if and only if it satisfies the condition of not causing serious harm or death to innocent persons. Modern war cannot satisfy this condition, and is thus always unjustified. The main response to this position is that the moral presumption against harming or killing innocents is overridden in certain cases by the moral presumption against allowing innocents to be harmed or killed. That is, as harmful as modern war is, it (...) can be morally justified as a lesser evil when it alone can prevent great harm to innocents. This paper proposes that extreme cases in which only war can prevent great harm to innocents may be morally tragic. In some cases it may be both wrong to wage war to prevent great harm and wrong to fail to prevent that great harm. (shrink)

The underdetermination of theory by data obtains when, inescapably, evidence is insufficient to allow scientists to decide responsibly between rival theories. One response to would-be underdetermination is to deny that the rival theories are distinct theories at all, insisting instead that they are just different formulations of the same underlying theory; we call this the identical rivals response. An argument adapted from John Norton suggests that the response is presumptively always appropriate, while another from Larry Laudan and Jarrett Leplin suggests (...) that the response is never appropriate. Arguments from Einstein for the special and general theories of relativity may fruitfully be seen as instances of the identical rivals response; since Einstein’s arguments are generally accepted, the response is at least sometimes appropriate. But when is it appropriate? We attempt to steer a middle course between Norton’s view and that of Laudan and Leplin: the identical rivals response is appropriate when there is good reason for adopting a parsimonious ontology. Although in simple cases the identical rivals response need not involve any ontological difference between the theories, in actual scientific cases it typically requires treating apparent posits of the various theories as mere verbal ornaments or computational conveniences. Since these would-be posits are not now detectable, there is no perfectly reliable way to decide whether we should eliminate them or not. As such, there is no rule for deciding whether the identical rivals response is appropriate or not. Nevertheless, there are considerations that suggest for and against the response; we conclude by suggesting two of them. (shrink)

The current state of philosophy of science is characterized by stasis in the struggle between realism and antirealism. In recent years, a number of authors have come out with a program of scientific perspectivism that claims to sublate this great collision and gain the status of a new epistemological paradigm: “perspectivism, or, better, perspectival realism, is one of the newest attempts to find a middle ground between scientific realism and antirealism” [1. P. 2]. Important milestones of the perspective movement were (...) the works of Ronald Giere, Francois Recanati, Bas van Fraassen, Michela Massimi, and others. The thesis of the article is that perspectivism has not yet realized its claims to autonomy, although it has become an important new arena for discussions between realists and antirealists who try to appropriate perspectivist concepts and arguments. The “middle ground,” when thought out consistently and thoroughly, turns out to lie not “between,” but either in the territory of realism or in the territory of antirealism, depending on the presumptions of the author of a particular perspectivist conception. This is demonstrated by the analysis of the conceptions of Giere, Massimi, and Recanati. Giere’s perspectivism is based on the metaphor of color vision, and for him only some (secondary) qualities of real objects turn out to be perspectival, i.e., subject-dependent. Massimi’s perspectivism attempts, on the basis of a visual arts metaphor, to combine the phenomenon of the plurality of scientific theories (“perspectival disagreement” about what an object is) with the general realist attitude of science (agreement about that there is an object). Recanati’s perspectivism syncretizes realism about ordinary objects and relativism about other things. The first two versions of perspectivism rely on a perceptual metaphor: perspective is conditioned by the perceptual constitution of the observer, that is, it arises at the mental or cognitive level. Recanati’s version attempts to derive perspective from contextuality, that is, it is semantic. However, it does not show exactly how perceptual categories are superimposed on theories or how scientific concepts reveal their perspectival character. The isomorphism of perception and theoretical thinking, sensibility and understanding, remains undemonstrated. On the one hand, perspectivist efforts are motivated by an important concern to account for antirealist critique (lack of access to the “view from nowhere,” factual and semantic underdetermination, difficulties with the idea of approaching the truth, the historicity of knowledge, the activeness of the constructing subject, etc.) while preserving the scientific commitment to universality, validity, and truthfulness. On the other hand, the ontological question remains fundamental and unavoidable, and perspectivism (yet?) fails to circumvent it. As we see, all three versions of perspectivism considered in this article turn out to be varieties of realism: Giere and Massimi recognize this explicitly, while Recanati de facto assumes a quite respectable and conservative position of selective realism with respect to ordinary objects. (shrink)

In their book EVALUATING CRITICAL THINKING Stephen Norris and Robert Ennis say: “Although it is tempting to think that certain [unstated] assumptions are logically necessary for an argument or position, they are not. So do not ask for them.” Numerous writers of introductory logic texts as well as various highly visible standardized tests (e.g., the LSAT and GRE) presume that the Norris/Ennis view is wrong; the presumption is that many arguments have (unstated) necessary assumptions and that readers and test takers (...) can reasonably be expected to identify such assumptions. This paper proposes and defends criteria for determining necessary assumptions of arguments. Both theoretical and empirical considerations are brought to bear. (shrink)

In recent years, a number of US states have adopted laws that require pregnant women to have an ultrasound examination, and be shown images of their foetus, prior to undergoing a pregnancy termination. In this paper, I examine one of the basic presumptions of these laws: that seeing one’s foetus changes the ways in which one might act in regard to it, particularly in terms of the decision to terminate the pregnancy or not. I argue that mandatory ultrasound laws compel (...) women into a position of moral spectatorship and require them to recognise the foetus as a being for whom they are responsible, particularly through empathic responses to ultrasound images. The approach I propose extends the project of a bioethics of the image and highlights the need for a critical analysis of the political mobilization of empathy in discussions of abortion. (shrink)

A common perception of Spinoza casts him as one of the precursors, perhaps even founders, of modern humanism and Enlightenment thought. Given that in the twentieth century, humanism was commonly associated with the ideology of secularism and the politics of liberal democracies, and that Spinoza has been taken as voicing a “message of secularity” and as having provided “the psychology and ethics of a democratic soul” and “the decisive impulse to… modern republicanism which takes it bearings by the dignity of (...) every man,” it is easy to understand how this humanistic image developed. Spinoza’s deep interest in, and extensive discussion of, human nature may have contributed to the emergence of this image as well. In this paper, I will argue that this common perception of Spinoza is mistaken and that Spinoza was in fact the most radical anti-humanist among modern philosophers. Arguably, Spinoza rejects any notion of human dignity. He conceives of God’s - and not man’s - point of view as the only objective perspective through which one can know things adequately, and it is at least highly questionable whether he allows for any genuine notions of human autonomy or morality. The notions of ‘humanism’ and ‘anti-humanism’ have been discussed extensively -mainly among continental philosophers - since the end of World War II. Because these notions carry a variety of historical, ideological, and philosophical meanings, it is important to provide at the outset at least a rudimentary clarification of my use of these two terms. By ‘humanism’ I mean a view which (1) assigns a unique value to human beings among other things in nature, (2) stresses the primacy of the human perspective in understanding the nature of things, and (3) attempts to point out an essential property of humanity which justifies its elevated and unique status. This definition of philosophical humanism has only little in common with the historical notion of Renaissance humanism, and seems to match quite well the common understanding of philosophical humanism suggested by current philosophical dictionaries and encyclopedias. This notion of humanism should be understood in contrast to two competing positions. On the one hand, in contrast to the theocentric position that considers humanity to be radically dependent upon God, humanism affirms at least some degree of human independence. On the other hand, in contrast to the naturalist position which endorses the scientific examination of human beings just like any other objects in nature, humanists affirm the existence of a metaphysical and moral gulf between humanity and nature. This gulf assigns a special value to humanity and does not allow us to treat human beings like any other things in nature. For many humanists the nature/humanity gulf does not allow the application of the methods of natural sciences to the disciplines of the humanities. Humanism does not begin with modernity. In order to see how far back we can trace this position, we may recall Protagoras’ saying: “Man is the measure of all things, of things that are, that they are, and of things that are not, that they are not.” In modern philosophy, the humanistic position had regained dominant status since the Renaissance, and variants of this position were vigorously argued for by prominent thinkers such as Pico della Mirandola, Descartes, Leibniz, Kant, Fichte, and finally, Hegel. In this paper, I will argue that Spinoza was a foe, and not a friend, of this tradition. I suggest that, in contrast to these humanist philosophers, Spinoza considers man as a marginal and limited being in nature, a being whose claims and presumptions far exceed its abilities. “To what length will the folly of the multitude not carry them?.... [T]hey imagine Nature to be so limited that they believe man to be his chief part.” Arguably, Spinoza locates the origin of our most fundamental metaphysical and ethical errors in a human hubris which not only tries to secure humanity an exceptional place in nature but also attempts to cast both God and nature in its own human image. (shrink)

Hilbert’s choice operators τ and ε, when added to intuitionistic logic, strengthen it. In the presence of certain extensionality axioms they produce classical logic, while in the presence of weaker decidability conditions for terms they produce various superintuitionistic intermediate logics. In this thesis, I argue that there are important philosophical lessons to be learned from these results. To make the case, I begin with a historical discussion situating the development of Hilbert’s operators in relation to his evolving program in the (...) foundations of mathematics and in relation to philosophical motivations leading to the development of intuitionistic logic. This sets the stage for a brief description of the relevant part of Dummett’s program to recast debates in metaphysics, and in particular disputes about realism and anti-realism, as closely intertwined with issues in philosophical logic, with the acceptance of classical logic for a domain reflecting a commitment to realism for that domain. Then I review extant results about what is provable and what is not when one adds epsilon to intuitionistic logic, largely due to Bell and DeVidi, and I give several new proofs of intermediate logics from intuitionistic logic+ε without identity. With all this in hand, I turn to a discussion of the philosophical significance of choice operators. Among the conclusions I defend are that these results provide a finer-grained basis for Dummett’s contention that commitment to classically valid but intuitionistically invalid principles reflect metaphysical commitments by showing those principles to be derivable from certain existence assumptions; that Dummett’s framework is improved by these results as they show that questions of realism and anti-realism are not an “all or nothing” matter, but that there are plausibly metaphysical stances between the poles of anti-realism and realism, because different sorts of ontological assumptions yield intermediate rather than classical logic; and that these intermediate positions between classical and intuitionistic logic link up in interesting ways with our intuitions about issues of objectivity and reality, and do so usefully by linking to questions around intriguing everyday concepts such as “is smart,” which I suggest involve a number of distinct dimensions which might themselves be objective, but because of their multivalent structure are themselves intermediate between being objective and not. Finally, I discuss the implications of these results for ongoing debates about the status of arbitrary and ideal objects in the foundations of logic, showing among other things that much of the discussion is flawed because it does not recognize the degree to which the claims being made depend on the presumption that one is working with a very strong logic. (shrink)

Common sense suggests that if a war is unjust, then there is a strong moral reason not to contribute to it. I argue that this presumption is mistaken. It can be permissible to contribute to an unjust war because, in general, whether it is permissible to perform an act often depends on the alternatives available to the actor. The relevant alternatives available to a government waging a war differ systematically from the relevant alternatives available to individuals in a position to (...) contribute to the war. Hence the conditions determining whether it is permissible for a government to wage a war often differ from the conditions determining whether it is permissible for others to promote that war. This difference is manifest most often in unjust wars with putatively humanitarian aims—an increasingly common type of war. (shrink)

This article is a critical examination of the approach to truth in Foucault’s late writing on the topic of ‘parrhesia’. I argue that his 1983 Berkeley seminar on ‘Discourse and Truth’ approaches the topic of truth as a positive value and that this approach presents, at least prima facie, a problem of continuity with his earlier critique of the presumption of an exclusionary relation between truth and power in works such as Discipline and Punish and The History of Sexuality: (...) An Introduction. Does the ethical notion of ‘parrhesia’ imply a different relation between truth and power than the one developed in the earlier works? And if so, what are we to make of the difference? In particular, 1) what does it mean to say that speaking the truth is dangerous? And 2) Are the two positions on truth compatible? What does it take to reconcile the two perspectives? (shrink)

The precondition of any feminist politics – a usable category of ‘woman’ – has proved to be difficult to construct, even proposed to be impossible, given the ‘problem of exclusion’. This is the inevitable exclusion of at least some women, as their lives or experiences do not fit into the necessary and sufficient condition(s) that denotes group membership. In this paper, I propose that the problem of exclusion arises not because of inappropriate category membership criteria, but because of the presumption (...) that categories can only be organised by identity relations or shared properties among their members. This criterion of sameness as well as the characterisation of this exclusion as essentialism attests to a metaphysics that is not conducive to resistance and liberatory projects. Following a strain of hybrid thinking in feminist and post-colonial theory, I outline an alternative pluralist logic that confronts oppressive binaries that impede theory work in gender, sexuality, and race theory, and limit political action and resistance. The problem of exclusion is neither irresolvable nor is it essentialism. Instead it is a denial of subjectivity due to pseudodualistic self/Other dichotomies that can be resisted by adopting a new categorial logic. While this paper focuses on the specific problem of formulating a category of ‘woman’, it has implications for other areas of gender, critical race, and postcolonial theory. Rather than working toward an inclusive category founded on sameness, theorists need to develop independent and positive categories grounded in difference. Our current categorial logic does not permit such a project, and therefore a new metaphysics must be adopted. (shrink)

It is a cliché to say science and religion are antagonistic. The outlook is often promoted by religious people uneducated in the workings of science, and equally by scientifically-oriented individuals with little experience of religion. This essay challenges presumptions about the irreconcilability of science and religion, focusing on action organizing metaphysical principles infusing both. The aim, however, is not to evaluate proofs for God’s existence, nor defend young earth creationism, nor the notion that there is one true religion, nor still (...) the thesis that morality demands divine guidance – all positions that critics commonly raise to demonstrate the stupidity of religion, even though such views are hardly universal among theists. The aim is instead to expand what one can rationally accept, leaving it to individuals to decide what to believe. Central to my arguments is the concept of pragmatic faith. The notion holds that willingness to act measures strength of conviction and that actions generate empirical results that may either verify or disconfirm what was initially held without adequate evidence. Such a stance is a necessary ingredient in both scientific and spiritual activities, suggesting a rebuttal to New Atheists, who narrowly identify religion with superstitious irrationality -/- . (shrink)

John Searle’s theory of social ontology posits that there are indispensable normative components in the linguistic apparatuses termed status functions, collective intentionality, and collective recognition, all of which, he argues, make the social world. In this paper, I argue that these building blocks of Searle’s theory are caught in a petitio of constitutive circularity. Moreover, I note how Searle fails to observe language in reciprocal relation to the institutions which not only are shaped by it but also shape language’s practical (...) applications. According to Searle, social theorists that tried to show a connection between society, culture, and language all failed to see the constitutive role of language in the making of social reality. Consequently, I believe that Searle is himself guilty of a certain kind of blind presumption, and argue that Hegel’s philosophy of culture, which Searle dismisses as implausible, offers a more cohesive account of the normative transactions between human beings and their social world. (shrink)

A metaphysical system engendered by a third order quantified modal logic S5 plus impredicative comprehension principles is used to isolate a third order predicate D, and by being able to impredicatively take a second order predicate G to hold of an individual just if the individual necessarily has all second order properties which are D we in Section 2 derive the thesis (40) that all properties are D or some individual is G. In Section 3 theorems 1 to 3 suggest (...) a sufficient kinship to Gödelian ontological arguments so as to think of thesis (40) in terms of divine property and Godly being; divine replaces positive with Gödel and others. Thesis (40), the sacred thesis, supports the ontological argument that God exists because some property is not divine. In Section 4 a fixed point analysis is used as diagnosis so that atheists may settle for the minimal fixed point. Theorem 3 shows it consistent to postulate theistic fixed points, and a monotheistic result follows if one assumes theism and that it is divine to be identical with a deity. Theorem 4 (the Monotheorem) states that if Gg and it is divine to be identical with g, then necessarily all objects which are G are identical with g. The impredicative origin of D suggests weakened Gaunilo-like objections that offer related theses for other second order properties and their associated diverse presumptive individual bearers. Nevertheless, in the last section we finesse these Gaunilo-like objections by adopting what we call an apathiatheistic opinion which suggest that the best concepts `God’ allow thorough indifference as to whether God exists or not. (shrink)

Vallentyne 2010 and Zwolinski 2008 are internet encyclopaedia articles on “libertarianism” which include various serious faults. Vallentyne 2010 has the following ones. It does not properly explain mainstream libertarianism or consider criticisms of it. Instead, it mainly discusses self-ownership and natural-resource egalitarianism. Every aspect of the alleged “strict sense” of “libertarianism” is dubi ous, at best. So- called “left - libertarianism” is not made sense of as any kind of liberty-based libertarianism. Problems arise because self-ownership is assumed to be libertarian (...) without an explicit theory of libertarian liberty. The replies to “five impor tant objections to full self- ownership” are confused and mistaken; both as regards philosophical analysis and as regards empirical assumptions. The long discussion about various ways to “Appropriate Natural Resources” is rendered muddled and barren by the lack of a clear libertarian theory of liberty, the mere presumption of some form of egalitarianism, and the inclusion of various non-libertarian criteria. The remaining sections are largely uninformed by any relevant libertarian literature. It reaches a justificationist conclusion that cites mistaken welfare concerns and ignores the productivity of free markets. Zwolinski 2008 shares some errors with Vallentyne 2010, but also includes the following ones. It is even less clear about what libertarian liberty is. It fails to understand that libertarianism (private-property anarchy and, possibly, minarchy) is a subset of classical liberalism. It asserts that libertarianism is about “the proper role of government.” It assumes (illogical) justificationist/foundationalist epistemology and does not mention critical-rationalist libertarianism. It eventually faults justificationism and unwittingly assumes something approaching critical rationalism. Finally, it embraces John Rawls’s “overlapping consensus” as a “justification” (i.e., defence) of libertarianism oblivious to the similar position in Lester 1996 and 2000. (shrink)

Descartes claimed that he thought he could deduce the assumptions of his Meteorology by the contents of the Discourse. He actually began the Meteorology with assumptions. The content of the Discourse, moreover, does not indicate how he deduced the assumptions of the Meteorology. We seem to be left in a precarious position. We can examine the text as it was published, independent of Descartes’ claims, which suggests that he incorporated a presumptive or hypothetical method. On the other hand, we can (...) take Descartes’ claims as our guide and search for the epistemic foundations of the Meteorology independent of the Discourse. In this paper, I will pursue the latter route. My aim is to explain why, and how, Descartes thought that he had deduced the assumptions of the Meteorology. My interest, in this case, is solely Descartes’ physical foundation for the Meteorology, in the physics and physiology that resulted in Descartes’ explanation. With this aim, I provide an interpretation of Descartes’ World where many of its conclusions serve as evidence for the assumptions of the Meteorology. I provisionally conclude that Descartes thought that his World was the epistemic foundation for his Meteorology. (shrink)

Influential work on proper names, most centrally associated with Kripke (1980), has had a significant influence in the literature on singular thought. The dominant position among contemporary singularists is that we can think singular thoughts about any object we can refer to by name and that, given the range of cases in which it is possible to refer using a name, name use in fact enables singular thought about a name's referent. I call this the extended name-based thought thesis (extended-NBT). (...) This chapter outlines the reasoning and presumptions of theorists who adopt extended NBT, and also outlines a set of reasons to resist it. The piece is distinctive in approaching the question of the relation between names and singular thought by focusing on the function of names and what this function entails (or doesn’t) about the kinds of thoughts (singular or descriptive) we have when we use names to communicate. In short, thinking about the function of names tells against the claim that name-use enables singular thought. (shrink)

In international law and the ethics of war, there are a variety of actions which are seen as particularly problematic and presumed to be always or inherently wrong, or in need of some overwhelmingly strong justification to override the presumption against them. One of these actions is assassination, in particular, assassination of heads of state. In this essay I argue that the presumption against assassination is incorrect. In particular, I argue that if in a given scenario war is justified, then (...) assassination of the enemy state's leader is also justified, and in fact ought to be pursued as a means short of war. I defend this position on both consequential and deontic grounds, arguing that assassination is both more discriminate than war and serves to harm only those most responsible for the situation which justifies war in the first place. I conclude by arguing that a norm of assassination, far from being a destabilizing force, as some have argued, would in fact serve to reinforce international norms of rights and respect for persons by making clear that tyrants and would-be oppressors cannot hide behind military forces or notions of sovereignty to protect themselves from judgment and retribution. (shrink)

What are laws, and do they necessarily have any basis in morality? The present work argues that laws are governmental assurances of protections of rights and that concepts of law and legal obligation must therefore be understood in moral terms. There are, of course, many immoral laws. But once certain basic truths are taken into account – in particular, that moral principles have a “dimension of weight”, to use an expression of Ronald Dworkin’s, and also that principled relations are not (...) always expressed by perfect statistical concomitances – the existence of iniquitous laws poses no significant threat to a moralistic analysis of law. Special attention is paid to the debate between Ronald Dworkin and H.L.A. Hart. Dworkin’s over-all position is argued to be correct, but issue is taken with his argument for that position. Hart’s analysis is found to be vitiated by an impoverished conception of morality and also of the nature of government. Our analysis of law enables us to answer three questions that, at this juncture of history, are of special importance: Are there international laws? If not, could such laws exist? And if they could exist, would their existence necessarily be desirable? The answers to these questions are, respectively: “no”, “yes”, and “no.” Our analysis of law enables us to hold onto the presumption that so-called legal interpretation is a principled endeavor, and that some legal interpretations are truer to existing laws than others. At the same time, it accommodates the obvious fact that the sense in which a physicist interprets meter-readings, or in which a physician interprets a patient’s symptoms, is different from the sense in which judges interpret the law. So our analysis of law enables us to avoid the extreme views that have thus far dominated debates concerning the nature of legal interpretation. On the one hand, it becomes possible to avoid the cynical view (held by the so-called “legal realists”) that legal interpretation is mere legislation and that no legal interpretation is more correct than any other. On the other hand, it becomes possible to avoid Blackstone’s view (rightly descried by Austin as a “childish fiction”) that judges merely discover, and do not create, the law. (shrink)

The following review explores Intercultural Information Ethics in terms of comparative philosophy, supporting IIE as the most relevant and significant development of the field of Information Ethics. The focus of the review is threefold. First, it will review the core presumption of the field of IIE, that being the demand for an intermission in the pursuit of a founding philosophy for IE in order to first address the philosophical biases of IE by western philosophy. Second, a history of the various (...) philosophical streams of IIE will be outlined, including its literature and pioneering contributors. Lastly, a new synthesis of comparative philosophies in IIE will be offered, looking towards a future evolution of the field. Examining the interchange between contemporary information ethicists regarding the discipline of IIE, the review first outlines the previously established presumptions of the field of IIE that posit the need for an IE as grounded in western sensibilities. The author then addresses the implications of the foregoing presumption from several non-western viewpoints, arguing that IIE does in fact find roots in non-western philosophies as established in the concluding synthesis of western and eastern philosophical traditions. (shrink)

The following review explores Intercultural Information Ethics in terms of comparative philosophy, supporting IIE as the most relevant and significant development of the field of Information Ethics. The focus of the review is threefold. First, it will review the core presumption of the field of IIE, that being the demand for an intermission in the pursuit of a founding philosophy for IE in order to first address the philosophical biases of IE by western philosophy. Second, a history of the various (...) philosophical streams of IIE will be outlined, including its literature and pioneering contributors. Lastly, a new synthesis of comparative philosophies in IIE will be offered, looking towards a future evolution of the field. Examining the interchange between contemporary information ethicists regarding the discipline of IIE, the review first outlines the previously established presumptions of the field of IIE that posit the need for an IE as grounded in western sensibilities. The author then addresses the implications of the foregoing presumption from several non-western viewpoints, arguing that IIE does in fact find roots in non-western philosophies as established in the concluding synthesis of western and eastern philosophical traditions. (shrink)

Two-step proportionality-balancing [TSPB] has become the standard method for human and constitutional rights decision-making. The first step consists in determining whether a rights-provision has been infringed/limited; if the answer to that first question is positive, the second step consists in determining whether the infringement/limit is reasonable or justified according to a proportionality analysis. TSPB has regularly been the target of some criticism. Critiques have argued that both its ‘two-step’ and ‘proportionality’ elements distort reality by promoting a false picture of (...) rights and constitutional decision-making. This would cause negative moral consequences. This article seeks to defend TSPB against these criticisms and to depict it in a more appropriate and favourable light. First, it is argued that both aspects of TSPB do not have the dire moral consequences that opponents suggest they have. Second, it is argued that TSPB, deploying notions such as burdens, presumptions and prima facie/defeasible propositions, constitutes a valuable framework for public argumentation and authoritative decision-making. (shrink)

Phenomenal qualities are embodied spaciotemporal abstractions subjectively perceived by a conscious observer. Specific examples, i.e., qualia, include the color purple, the taste of chocolate, and the fragrance of a rose. The question of whether phenomenal awareness can be empirically understood forms one important facet of the “Hard Problem of Consciousness” (Chalmers, 1995, pp. 200–219). It is the position of this analysis that we will never understand why we experience sensory qualities in the manner we do until we first comprehend how (...) they may have evolved in the very distant past. This examination explores the evolutionary development of phenomenal experience. In so doing, it proposes that behind the mechanisms through which external stimuli interface with our sensory apparatus, there lies a long evolutionary process of standardization, approximation, and synchronization that has ultimately forged the close links between the two. The consistent and efficient correlations that the resultant evolutionary links give rise to cumulatively generate conscious experience. There is a tight correspondence between our sensations and incoming stimuli, and this synchronous covariance is meaningful and functional; however, it does not result from a strict cause-and-effect relationship between the physical properties of external objects and our internal neurophysiology. As such, this investigation endorses Hoffman’s (1998, 2003, 2008, 2009) view that the external world is largely hidden from direct sensory evaluation. The following inquiry utilizes Jung’s (1952) “Acausal Connecting Principle” to further explore the concept of complementary sensory phenomena as it may have originally been envisioned by Wolfgang Pauli. (Meier, 2001) This thesis, with respect to meaningful acausality and synchronicity, is first used to provide a plausible explanation for the initial genetic development of color perception, and then employed to examine the analogous evolutionary ties that ultimately engender all sensory modalities. Without invoking the Quantum-Mind hypothesis, this paper supports the idea that our five senses are not direct, or true, or even approximate abstract representations of any underlying material properties of incoming stimuli; instead, they efficiently provide useful higher-order assumptions pertaining to the macro properties of spacetime, matter, and motion, as well as the causal-objective of all life. The overall investigation concludes that it is the structural categorization, hierarchical organization, and qualitative characterization of this indirect presumptive meta-information that has engendered meaningful sensory experience, and all conscious thought over evolutionary time. (shrink)

All societies have to balance privacy claims with other moral concerns. However, while some concern for privacy appears to be a common feature of social life, the definition, extent and moral justifications for privacy differ widely. Are there better and worse ways of conceptualising, justifying, and managing privacy? These are the questions that lie in the background of this thesis. -/- My particular concern is with the ethical issues around privacy that are tied to the rise of new information and (...) communication technologies (henceforth “ICT”). The focus here is on technologies involved in processing personal data in its broadest sense, including “any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.” The issue of moral concern is commonly designated as that of 'data privacy'. -/- The first step is to consider why privacy matters, or ought to matter, in the first place. And here we run into our first difficulty, since both the conceptualisation of privacy and the justification for the right to privacy are matters for contention. On the one hand, we are animated by a moral concern for privacy in some sense; on the other, we lack the conceptual and moral resources for making sense of this concern or for promoting particular social policies and criticising others. This often-cited dichotomy and its ensuing confusion have been the central motivation for most of the philosophical literature on privacy – including this thesis. -/- In what follows, I will suggest a way out of the confusion that pervades the current debate on data privacy. I will essentially argue two claims: one, that the concept of (data) privacy is uniquely characterised by a particular context within which we exchange information; two, that because (data) privacy constitutes an intrinsic value, its moral concerns and justifications ought to be deliberated as such. -/- The first chapter sketches the current data privacy landscape by introducing a number of concepts and arguing the unique nature of the landscape. I argue that the traditional distinction between four kinds of privacy (physical, mental, decisional and informational) is no longer accurate, given the technological context that reduces, unifies and processes all aspects of people’s lives by means of digital data. In fact, to hold on to the distinction leads to a fundamental misconception of data privacy. I further argue that today’s distinction between data protection and data privacy runs the risk of ignoring the fact that the former is an inherent aspect of the latter. These arguments allow me to settle on a (provisional) definition of data privacy: controlling how data about identifiable people is processed by ICT. -/- Next, I draw a line between descriptive and normative accounts of data privacy, and explain why this book belongs to the latter category. After a brief discussion of the coherence and distinctiveness theses, and of the difference between instrumental and intrinsic theories of privacy, I introduce the problem of data privacy as a distinct, coherent, and intrinsic moral concern. Three arguments support this position: one, data privacy is a coherent moral concern because it is motivated by a singular moral concept; two, data privacy is a distinct moral concern because the privacy challenges we face today are of a fundamentally new nature – distinct from any moral concerns we’ve faced in the past; and three, data privacy is an intrinsic moral concern that is predominantly justified, not by what it instrumentally protects us from, but by what it intrinsically constitutes. -/- Chapter Two makes the case against a harm-based, consequentialist approach to data privacy. After a brief introduction to the basic tenets of consequentialism I discuss harm-based arguments in favour as well as against privacy. I explain how privacy may protect us against psychological distress, but at the same time constitute the source of that distress; how privacy may be necessary for the proper functioning of democratic societies, but at the same time provide a cloak for anti-social and immoral behaviour; and how privacy protects us against the improper use of our personal data by others, but at the same enables us to conceal information or spread false information about ourselves in ways that are harmful to others. Next, I argue that consequentialism essentially relies on two flawed presumptions – that we know what harm is, and that we know how to predict it – and discuss the controversies surrounding definitions and predictions of harm. This argument becomes especially pertinent in today’s rapidly changing technological context: we may guess, and make assumptions, perhaps even find correlations, but don’t really know or understand (yet) with any degree of certainty the harmful consequences today’s data privacy violations are causing or will eventually cause – if any. -/- I illustrate this with examples of recent data privacy violations, and with a brief overview of consequentialist arguments for and against data privacy. Those who invoke consequentialist arguments against data privacy claim that personal data is nothing more than a raw material that can be turned into something useful and valuable without harming anyone. Choosing to move fast and break things – a popular mantra that promotes the benefits of technological “permissionless innovation” over and above its risks and costs – they draw our attention to the many benefits free data flows generate. Those who rely on consequentialist arguments in favour of data privacy, on the other hand, insist on actual and potential misuse of personal data. Rather careful than sorry, they draw our attention to the urgent need to take back control and protect ourselves against data privacy violations – precisely because we don’t know which harm they may cause in the future. Others go one step further and argue that these violations are part of a broader ideology of power. -/- What Chapter Two demonstrates is that vague definitions, unreliable predictions and inconclusive allegations of harm from both sides of the debate perpetuate a stalemate that fails to produce morally defensible answers to our growing data privacy concerns. Deliberating about data privacy from a consequentialist perspective is a dead end. -/- Chapter Three proposes an alternative to the harm-based approach, namely that privacy is an intrinsic value that deserves moral protection for its own sake. After a brief account of what I take values to be, and why we have a need to protect them, I introduce the foundational value of respect for persons, and lay out my main argument in two steps. The conceptual component of my argument returns to the definition of data privacy I had temporarily settled on in Chapter One, but now with the added consideration of the particular context, and particular circumstances and attitudes, within which information is exchanged. This addition is crucial, as it reveals the fundamental value that is at stake in our data privacy concerns, namely the inherent value of each and every person, which we protect by upholding an ethical principle commonly known as the principle of respect for persons. It is for this reason that the violation of privacy cannot (only) be expressed in terms of harm. I further argue that the principle of respect for persons is consistent with, and in fact unthinkable without, some degree of privacy. -/- I reply to potential challenges to a value-based approach to data privacy by showing that (i) values and value trade-offs are fundamentally different from consequential benefits and cost-benefit analyses; (ii) the suspension of one value in favour of another is not inherently contradictory; what matters is morally defensible deliberation about values and valid individual consent; (iii) data privacy concerns cannot be reduced to other moral concerns and therefore deserve a specific, distinct protection. -/- Finally, because this is a thesis in applied ethics, I attempt an answer to the question as to how we ought to apply a value-based approach to practical data privacy concerns. I argue that a revised, three-pronged version of John Rawls’ reflective equilibrium, founded on the non-negotiable principle of respect for persons, is the best possible procedure to deliberate data privacy concerns in relation to other moral values. (shrink)

In view of the current progress of what has been named the ‘visual turn’ or the ‘pictorial turn’,1 it is exciting to witness Sam Rose’s return to early aesthetic formalist-modernism, which was so passionate about the medium, its appearance, and visuality. Rose’s project shares a recent inclination to think anew the advent of aesthetic modernism.2 It is founded on the presumption that visual art ought to be – and actually has always been – theoretically subsumed under one meta-project. This meta-project (...) does not necessarily have a clear telos, but it does have a history. In support of this view, Rose appeals to Stanley Cavell’s claim that ‘only masters of a game, perfect slaves to that project, are in a position to establish conventions which better serve its essence. This is why deep revolutionary changes can result from attempts to conserve a project, to take it back to its idea, keep it in touch with its history’ (p. 155). According to Rose’s post-formalist view, the idea of art’s meta-project is the idea of form. (shrink)

When we use a word, we face a crucial epistemic gap: we ground our move on the fact that our interlocutor knows the meaning of the word we used, and therefore he can interpret our dialogical intention. However, how is it possible to know the other’s mind? Hamblin explained this dialogical problem advancing the idea of dialectical meaning: on his view, the use of a word is based on a set of presumptions. Building on this approach, the use of a (...) word in a dialogue can be analyzed in terms of presumptive reasoning, while the manipulative strategies based on slanted or loaded terms or redefinitions can be conceived as forms of conflicts of presumptions. A presumptive approach to meaning can also ground different dialectical strategies to solve misunderstanding or definitional disagreements, or tactics to undermine the interlocutor’s arguments by advancing charges of equivocation. (shrink)

Although in some contexts the notions of an ordinary argument’s presumption, assumption, and presupposition appear to merge into the one concept of an implicit premise, there are important differences between these three notions. It is argued that assumption and presupposition, but not presumption, are basic logical notions. A presupposition of an argument is best understood as pertaining to a propositional element (a premise or the conclusion) e of the argument, such that the presupposition is a necessary condition for the truth (...) of e or for a term in e to have a referent. In contrast, an assumption of an argument pertains to the argument as a whole in that it is integral to the reasoning or inferential structure of the argument. A logical assumption of an argument is essentially a proposition that must be true in order for the argument aside from that proposition to be fully cogent. Nothing that is both comparable and distinguishing can be said about presumptions of arguments. Rather, presumptions of arguments are distinctively conventional; they are introduced through conventional rules (e.g., those that concern how to treat promises). So not all assumptions and not all presuppositions of arguments are presumptions of those arguments, although all presumptions of arguments are either assumptions or presuppositions of those arguments. This account avoids making the (monological) notion of presumption vacuous and dissolving the distinction between assumption and presumption, which is a vulnerability of alternative views such as Hansen’s and Bermejo-Luque’s, as is shown. (shrink)

This paper shows how reasoning from best explanation combines with linguistic and factual presumptions during the process of retrieving a speaker’s intention. It is shown how differences between presumptions need to be used to pick the best explanation of a pragmatic manifestation of a dialogical intention. It is shown why we cannot simply jump to an interpretative conclusion based on what we presume to be the most common purpose of a speech act, and why, in cases of indirect speech acts, (...) we need to depend on an abductive process of interpretation. (shrink)

Within contemporary metaethics, it is widely held that there is a “presumption of realism” in moral thought and discourse. Anti-realist views, like error theory and expressivism, may have certain theoretical considerations speaking in their favor, but our pretheoretical stance with respect to morality clearly favors objectivist metaethical views. This article argues against this widely held view. It does so by drawing from recent discussions about so-called “subjective attitude verbs” in linguistics and philosophy of language. Unlike pretheoretically objective predicates (e.g., “is (...) made of wood”, “is 185 cm tall”), moral predicates embed felicitously under subjective attitude verbs like the English “find”. Moreover, it is argued that the widespread notion that moral discourse bears all the marks of fact-stating discourse is rooted in a blinkered focus on examples from English. Cross-linguistic considerations suggest that subjective attitude verbs are actually the default terms by which we ascribe moral views to people. Impressions to the contrary in English have to do with some unfortunate quirks of the term “think”. (shrink)

In earlier work on limitarianism, I argued that setting an upper limit to the amount of wealth that people can permissibly have is justified when decision-makers are unaware of or disagree about the appropriate distributive criterion or if they are unaware of people’s relevant features (or both). Robert Huseby has raised several powerful objections to this presumptive argument for limitarianism. Some of these objections call for a revision of my defence of presumptive limitarianism while others call for clarification, both of (...) which I aim to do in this chapter. I will argue that unless decision-makers have substantive reasons to suggest otherwise, they must act as if there is an upper limit to the amount of wealth that people can permissibly have. (shrink)

Many distributive egalitarians do not endorse strict equality of goods. Rather, they treat an equal division as having a special status such that departures from equality must be justified. They claim, then, that an equal division is “presumptively” just. Though the idea that equality is presumptively just and that departures from it may be just has intuitive appeal, making a case for this idea proves difficult. I argue, first, that extant “presumption arguments” are unsound. Second, I distill two general philosophical (...) morals: luck egalitarians have not adequately defended the presumption of equality and they face serious obstacles in doing so; Rawls has defended it, but only indirectly via the contract apparatus. This approach narrows the presumption’s appeal. Third, I consider and reject two alternative ways of understanding the presumption of equality that might avoid the problems revealed by my examination of extant views. The first appeals to the idea of value pluralism. The second treats the presumption as a view about the burden of proof. I conclude, ultimately, that it is misleading to think of distributive egalitarianism as typically having the form of a presumption argument. (shrink)

In this paper a theoretical definition that helps to explain how the logical structure of legal presumptions is constructed by applying the Carneades model of argumentation developed in artificial intelligence. Using this model, it is shown how presumptions work as devices used in evidentiary reasoning in law in the event of a lack of evidence to assist a chain of reasoning to move forward to prove or disprove a claim. It is shown how presumptions work as practical devices that may (...) be useful in cases in which there is insufficient evidence to prove the claim to an appropriate standard of proof. (shrink)

The paper considers contemporary models of presumption in terms of their ability to contribute to a working theory of presumption for argumentation. Beginning with the Whatelian model, we consider its contemporary developments and alternatives, as proposed by Sidgwick, Kauffeld, Cronkhite, Rescher, Walton, Freeman, Ullmann-Margalit, and Hansen. Based on these accounts, we present a picture of presumptions characterized by their nature, function, foundation and force. On our account, presumption is a modal status that is attached to a claim and has the (...) effect of shifting, in a dialogue, a burden of proof set at a local level. Presumptions can be analysed and evaluated inferentially as components of rule-based structures. Presumptions are defeasible, and the force of a presumption is a function of its normative foundation. This picture seeks to provide a framework to guide the development of specific theories of presumption. (shrink)

In this article, I assess the prospects for the limitarian thesis that someone has too much wealth if they exceed a specific wealth threshold. Limitarianism claims that there are good political and/or ethical reasons to prevent people from having such ‘surplus wealth’, for example, because it has no moral value for the holder or because allowing people to have surplus wealth has less moral value than redistributing it. Drawing on recent literature on distributive justice, I defend two types of limitarian (...) principles of justice. First, limitarian midlevel principles draw on the limitarian thesis to specify normative commitments for guiding institutional design and individual actions. Second, the limitarian presumption draws on that thesis to specify what a just allocation of wealth requires under epistemic constraints. Such a presumption says that without substantive reasons to the contrary, we should regard a distribution as unjust if some people’s wealth exceeds the limitarian threshold. Furthermore, I will argue that we must reject a possible but implausible interpretation of limitarianism as an ideal distributive pattern. Yet both as a midlevel principle and as a presumption, limitarianism can play an important role in theorizing about justice in the real world. (shrink)

In this article, I assess the prospects for the limitarian thesis that someone has too much wealth if they exceed a specific wealth threshold. Limitarianism claims that there are good political and/or ethical reasons to prevent people from having such ‘surplus wealth’, for example, because it has no moral value for the holder or because allowing people to have surplus wealth has less moral value than redistributing it. Drawing on recent literature on distributive justice, I defend two types of limitarian (...) principles of justice. First, limitarian midlevel principles draw on the limitarian thesis to specify normative commitments for guiding institutional design and individual actions. Second, the limitarian presumption draws on that thesis to specify what a just allocation of wealth requires under epistemic constraints. Such a presumption says that without substantive reasons to the contrary, we should regard a distribution as unjust if some people’s wealth exceeds the limitarian threshold. Furthermore, I will argue that we must reject a possible but implausible interpretation of limitarianism as an ideal distributive pattern. Yet both as a midlevel principle and as a presumption, limitarianism can play an important role in theorizing about justice in the real world. (shrink)

The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject (...) to default used to justify an interpretation. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. This approach allows one to understand the difference between various types of interpretive canons, and their strength in justifying an interpretation. (shrink)

Pragmatic presupposition is analyzed in this paper as grounded on an implicit reasoning process based on a set of presumptions, which can define cultural differences. The basic condition for making a presupposition can be represented as a reasoning criterion, namely reasonableness. Presuppositions, on this view, need to be reasonable, namely as the conclusion of an underlying presumptive reasoning that does not or may not contain contradictions with other presumptions, including the ordering of the hierarchy of presumptions. Presumptions are in turn (...) analyzed considering their nature and their hierarchy, namely their object and their possible contextual backing, which eliminates some of their possible defaults. This analysis of presupposition brings to light the relationship between communicative infelicities or misunderstandings deriving from presuppositional failures and the underlying system of presumptions and presumptive reasoning. This approach can be applied to the investigation of communicative problems within the medical context, and more precisely the communication in diabetes cases. (shrink)