What is a normative reason for acting? In this paper, I introduce and defend a novel answer to this question. The starting-point is the view that reasons are right-makers. By exploring difficulties facing it, I arrive at an alternative, according to which reasons are evidence of respects in which it is right to perform an act, for example, that it keeps a promise. This is similar to the proposal that reasons for a person to (...) act are evidence that she ought to do so; however, as I explain, it differs from that proposal in two significant ways. As a result, I argue, the evidence-based account of reasons I advance shares the advantages of its predecessor while avoiding many of the difficulties facing it. (shrink)

It is commonly held that p is a reason for A to ϕ only if p explains why A ought to ϕ. I argue that this view must be rejected because there are reasons for A to ϕ that would be redundant in any ex...

Reasons fundamentalists maintain that we can analyze all derivative normative properties in terms of normative reasons. These theorists famously encounter the Wrong Kind of Reasons problem, since not all reasons for reactions seem relevant for reasons-based analyses. Some have argued that this problem is a general one for many theorists, and claim that this lightens the burden for reasons fundamentalists. We argue in this paper that the reverse is true: the generality of the problem (...) makes life harder for reasons fundamentalists. We do this in two stages. First, we show that reflection on the generality of the distinction between wrong-kind reasons and right-kind reasons shows that not all right-kind reasons are normative reasons. So, not only do reasons-based analyses require a distinction between right-kind reasons and wrong-kind reasons, they also need a distinction between normative right-kind reasons from nonnormative right-kind reasons. We call this the Right Kind of Reasons Problem. In the second stage of the paper, we argue that reasons fundamentalism places tight constraints on its proper solution: in particular, it forbids one from appealing to anything normative to distinguish normative RKRs from nonnormative RKRs. It hence seems that reasons fundamentalists can only appeal to natural facts to solve the problem, but it is unclear which ones can do the job. So, reflection on the generality of the distinction only multiplies the fundamentalist’s problems. We end by exploring several solutions to these problems, and recommend a form of constitutivism as the best. (shrink)

I have recently argued that if the causal theory of reference is true, then, on pain of absurdity, no normative ethical theory is true. In this journal, Michael Byron has objected to my reductio by appealing to Frank Jackson’s moral reductionism. The present essay defends reductio while also casting doubt upon Jackson’s moral reductionism.

I argue that Davidson's conception of motivating reasons as belief-desire pairs suggests a model of normative reasons for action that is superior to the orthodox conception according to which normative reasons are propositions, facts, or the truth-makers of such facts.

It is natural to think of causes as difference-makers. What exact difference causes make, however, is an open question. In this paper, I argue that the right way of understanding difference-making is in terms of causal processes: causes make a difference to a causal process that leads to the effect. I will show that this way of understanding difference-making nicely captures the distinction between causing an outcome and helping determine how the outcome happens and, thus, explains why causation (...) is not transitive. Moreover, the theory handles tricky cases that are problematic for competing accounts of difference-making. (shrink)

Right- and wrong-making features ("moral grounds") are widely believed to play important normative roles, e.g. in morally apt or virtuous motivation. This paper argues that moral grounds have been systematically misidentified. Canonical statements of our moral theories tend to summarize, rather than directly state, the full range of moral grounds posited by the theory. Further work is required to "unpack" a theory's criterion of rightness and identify the features that are of ground-level moral significance. As a result, it is (...) not actually true that maximizing value is the relevant right-making feature even for maximizing consequentialists. Focusing on the simple example of utilitarianism, I show how careful attention to the ground level can drastically influence how we think about our moral theories. (shrink)

In a number of recent philosophical debates, it has become common to distinguish between two kinds of normative reasons, often called the right kind of reasons (henceforth: RKR) and the wrong kind of reasons (henceforth: WKR). The distinction was first introduced in discussions of the so-called buck-passing account of value, which aims to analyze value properties in terms of reasons for pro-attitudes and has been argued to face the wrong kind of reasons problem. But (...) nowadays it also gets applied in other philosophical contexts and to reasons for other responses than pro-attitudes, for example in recent debates about evidentialism and pragmatism about reasons for belief. While there seems to be wide agreement that there is a general and uniform distinction that applies to reasons for different responses, there is little agreement about the scope, relevance and nature of this distinction. Our aim in this article is to shed some light on this issue by surveying the RKR/WKR distinction as it has been drawn with respect to different responses, and by examining how it can be understood as a uniform distinction across different contexts. We start by considering reasons for pro-attitudes and emotions in the context of the buck-passing account of value (§1). Subsequently we address the distinction that philosophers have drawn with respect to reasons for other attitudes, such as beliefs and intentions (§2), as well as with respect to reasons for action (§3). We discuss the similarities and differences between the ways in which philosophers have drawn the RKR/WKR distinction in these areas and offer different interpretations of the idea of a general, uniform distinction. The major upshot is that there is at least one interesting way of substantiating a general RKR/WKR distinction with respect to a broad range of attitudes as well as actions. We argue that this has important implications for the proper scope of buck-passing accounts and the status of the wrong kind of reasons problem (§4). (shrink)

The human rights often are cited as an ultimate goal for the discipline of social science. It guides the UN in the pursuit of its organizational mission, and the civil democratic government generally endorses this paradigm of state rule as supreme. Nonetheless, it seems a mishap if the human rights are thought to be valued only in the courtroom or police office. They are the kind of ubiquitous concept that we could share and must share, who would be the scientists (...) in ideological pursuit, the policy makers and administrators in state engineering, and even the business enterprises in the emerging influence. It is typically regrettable if the human rights are not one of foremost concern, but a penumbra from the callous public officers while the human rights allow them to stand fundamentally. They comprise the magic code they are required to respect than any other priority, and also provide the basis of ethics on which the administrators deliberate. The paper attempts to deal with the theme of human rights, and delineates the elements of them with the aid of history and philosophy as well as comparative summary if adequate. Then the author leads the discussion to any new perspective or suggestion in the face of modern administrative state and social progress. (shrink)

This chapter makes it clear that a significant element of both leadership and decision making is the development aspect. Leaders develop in their decision making by being confronted with difficult decision situations. However, they also develop through various forms of systemized training and education. Different leaders tend to develop in different directions. For this reason, one can identify a number of key leadership styles based on different ways of leading. These different styles are appropriate for various types of organization. Some (...) organizations require a strict and authoritative style, while others are in greater need of a more democratic style. Senior leaders often have the capacity to switch between different leadership styles depending on how the situation develops. In addition, there are a number of key decision-making roles that leaders are expected to manage. These include the role of entrepreneur, problem-solver, resource-allocator and negotiator. Leaders must also learn to work with clarity, conviction, courage, and communication in order to facilitate their decisions. Research shows that leaders who face severe adversity in their careers often are forced to make many difficult decisions. As a result they develop. Being forced to make difficult decisions actually leads to reflection, self-awareness and self-knowledge of one’s own values. Leaders also develop by communicating their problems in a structured way with more experienced colleagues. The fact that leaders develop by making difficult decisions leads to various forms of action having a central role. It is by putting decisions into action that leaders develop, as well as by reflecting on what alternative decisions could have been made. An action perspective on leadership decisions is closely linked to the concept of sense-making. This phenomenon implies observation, action, revision and communication in the aftermath of a decision. There is research indicating that reflection, critical thinking, intuition, ethics and communication are important dimensions of leaders and decision makers who are generally perceived as wise. -/- . (shrink)

There are three major reasons that ideas associated with ubuntu are often deemed to be an inappropriate basis for a public morality. One is that they are too vague, a second is that they fail to acknowledge the value of individual freedom, and a third is that they a fit traditional, small-scale culture more than a modern, industrial society. In this article, I provide a philosophical interpretation of ubuntu that is not vulnerable to these three objections. Specifically, I construct (...) a moral theory grounded on southern African worldviews, one that suggests a promising new conception of human dignity. According to this conception, typical human beings have a dignity in virtue of their capacity for community, understood as the combination of identifying with others and exhibiting solidarity with them, where human rights violations are egregious degradations of this capacity. I argue that this account of human rights violations straightforwardly entails and explains many different elements of South Africa’s Bill of Rights and naturally suggests certain ways of resolving contemporary moral dilemmas in South Africa and elsewhere relating to land reform, political power and deadly force. (shrink)

This article discusses the growth of the populist radical right as a concrete example of the scenario where liberal democratic ideas are losing support in broadly liberal democratic societies. Our goal is to enrich John Rawls’ influential theory of political liberalism. We argue that even in that underexplored scenario, Rawlsian political liberalism can offer an appealing account of how to promote the legitimacy and stability of liberal democratic institutions provided it places partisanship centre stage. Specifically, we propose a brand-new (...) moral duty binding ‘reasonable’ partisans committed to pluralism. This duty establishes conditions where partisans must strategically transform society’s public reason (i.e. transform the visions for society their parties campaign on) in ways that promise to attract back support from illiberal and antidemocratic competitors. While this strategic behaviour might seem impermissible, we show that Rawls’ distinctive account of sincerity in democratic deliberation is uniquely placed to justify it as perfectly ethical. (shrink)

Historically, culture has been treated as an object in international documents. One consequence of this is that cultural rights in international law have been understood as rights of access and consumption. Recently, an alternative conception of culture, and of what cultural rights protect, has emerged from international documents treating indigenous peoples. Within these documents culture is treated as an activity rather than a good. This activity is ascribed to peoples as well as persons, and protecting the capacity of both peoples (...) and persons to engage in culture is taken to be as basic a component of human dignity as are freedom of movement, freedom of speech, and freedom from torture. It is not an accident that this treatment of culture has emerged from international documents treating indigenous peoples. However, the value of this treatment of culture extends beyond the human rights of indigenous peoples. Treating culture as an activity establishes an understanding of what cultural rights protect that clarifies the relationship between cultural rights and other mechanisms for protecting minorities and frames the role of cultural communities in the realization of human dignity as an important physical and political issue, not just a psychological one. For these reasons, the norms regarding cultural rights that are emerging from international documents treating indigenous peoples are a much-needed step forward for peoples' rights more generally. (shrink)

Fitting Attitudes accounts of value analogize or equate being good with being desirable, on the premise that ‘desirable’ means not, ‘able to be desired’, as Mill has been accused of mistakenly assuming, but ‘ought to be desired’, or something similar. The appeal of this idea is visible in the critical reaction to Mill, which generally goes along with his equation of ‘good’ with ‘desirable’ and only balks at the second step, and it crosses broad boundaries in terms of philosophers’ other (...) commitments. For example, Fitting Attitudes accounts play a central role both in T.M. Scanlon’s [1998] case against teleology, and in Michael Smith [2003], [unpublished] and Doug Portmore’s [2007] cases for it. And of course they have a long and distinguished history. (shrink)

It is widely thought that functionalism and the qualia theory are better positioned to accommodate the ‘affective’ aspect of pain phenomenology than representationalism. In this paper, we attempt to overturn this opinion by raising problems for both functionalism and the qualia theory on this score. With regard to functionalism, we argue that it gets the order of explanation wrong: pain experience gives rise to the effects it does because it hurts, and not the other way around. With regard to the (...) qualia theory, we argue that it fails to capture the sense in which pain 's affective phenomenology rationalises various bodily-directed beliefs, desires, and behaviours. Representationalism, in contrast, escapes both of these problems: it gets the order of explanation right and it explains how pain 's affective phenomenology can rationalise bodily-directed beliefs, desires, and behaviours. For this reason, we argue that representationalism has a significant advantage in the debates about pain 's affective phenomenology. We end the paper by examining objections, including the question of what representationalists should say about so-called ‘disassociation cases’, such as pain asymbolia. (shrink)

How does doubt come about? What are the mechanisms responsible for our inclinations to reassess propositions and collect further evidence to support or reject them? In this paper, I approach this question by focusing on what might be considered a distorting mirror of unreasonable doubt, namely the pathological doubt of patients with obsessive–compulsive disorder (OCD). Individuals with OCD exhibit a form of persistent doubting, indecisiveness, and over-cautiousness at pathological levels (Rasmussen and Eisen in Psychiatr Clin 15(4):743–758, 1992; Reed in Obsessional (...) experience and compulsive behaviour: a cognitive-structural approach, Academic Press, Cambridge, 1985; Tolin et al. in Cogn Ther Res 27(6):657–669, 2003). I argue that the failure in OCD is of an affective nature, involving both excessive epistemic anxiety and hyperactive feelings of uncertainty. I further argue that our adaptive disposition to inquire about the right matters—that is, about propositions which are both epistemically risky and imply harmful possibilities—might depend on these affective mechanisms. (shrink)

Stephen May (2011) holds that language rights have been insufficiently recognized, or just rejected as problematic, in human rights theory and practice. Defending the “human rights approach to language rights”, he claims that language rights should be accorded the status of fundamental human rights, recognized as such by states and international organizations. This article argues that the notion of language rights is far from clear. According to May, one key reason for rejecting the claim that language rights should be considered (...) as human rights is the widespread belief that language rights are collective rights. In order to address this kind of objection, the collective character attributed to language rights must be carefully assessed, distinguishing two different views of what a collective right is. (shrink)

In this review I consider Gorman's arguments for redescrbiing the history of ethics, from Plato to Isaiah Berlin, as the history of theories of human rights, and for the conclusions that human rights are dependent, that they change over time, and that they may conflict with each other. I disagree with his interpretations of Plato, Hobbes, and Kant, as well as the idea that their moral theories can be converted into theories of human rights without loss, and I argue that (...) his various conclusions about human rights depend upon assumptions - such as that ethics is essentially concerned with motivation, that human nature is changing to the extent that human reason is changing, and that moral reality is inconsistent – that many would reject. Along the way I point out various blunders, such as the claim that that the Hobbesian social contract is a "covenant with the sovereign", and the claim that, according to Kant, "If I act wrongly... I may be acceptably treated as a means.". (shrink)

We offer a model of moral reform and regeneration that involves a wrong-doer making two movements: on the one hand, he identifies with himself as the one who did the act, while he also intentionally moves away from that self (or set of desires and intentions) and moves toward a transformed identity. We see this model at work in the formal practice of contrition and reform in Christian and Buddhist rites. This paper is part of a broader project we are (...) undertaking on the philosophy of forgiveness. (shrink)

Theoretical reasoning aims at true beliefs; however, it rarely can grasp it. So, it would be plausible to define rationality in beliefs by the property of being consistent and truth-conducive. The gap between our justifications and the truth has raised a seemingly irresolvable problem in analytic epistemology called Gettier’ problem. Similarly, it seems that practical reasoning aims at right actions, but it doesn't follow that the action which is based on our practical reasoning would always be the right (...) and the best one. The gap between our practical reasoning and the right actions has caused a huge debate between internalists and externalists about the criterion for rationality in normative reasoning (as opposed to motivating reasoning). (shrink)

Bayesianism is the position that scientific reasoning is probabilistic and that probabilities are adequately interpreted as an agent's actual subjective degrees of belief, measured by her betting behaviour. Confirmation is one important aspect of scientific reasoning. The thesis of this paper is the following: if scientific reasoning is at all probabilistic, the subjective interpretation has to be given up in order to get right confirmation—and thus scientific reasoning in general. The Bayesian approach to scientific reasoning Bayesian confirmation theory The (...) example The less reliable the source of information, the higher the degree of Bayesian confirmation Measure sensitivity A more general version of the problem of old evidence Conditioning on the entailment relation The counterfactual strategy Generalizing the counterfactual strategy The desired result, and a necessary and sufficient condition for it Actual degrees of belief The common knock-down feature, or ‘anything goes’ The problem of prior probabilities. (shrink)

According to the so-called ‘Taking Condition’ (a label due to Boghossian 2014) on inference, for a response R in circumstances C to count as an instance of reasoning or inferring, it must be the case that the agent’s taking it that R is warranted or justified in C plays (the right sort of) explanatory role in her R-ing. The Taking Condition has come under much criticism in the theory of reasoning. While I believe that these criticisms can be answered, (...) my aim in this paper is to build a positive case for the Taking Condition. More specifically, I argue that views based on the Taking Condition do a much better job accounting for crucial features of reasoning—especially once we recognize the pervasiveness and significance of defeasibility in our reasoning. (shrink)

This book contributes to two debates and it does so by bringing them together. The first is a debate in metaethics concerning normative reasons, the considerations that serve to justify a person’s actions and attitudes. The second is a debate in epistemology concerning the norms for belief, the standards that govern a person’s beliefs and by reference to which they are assessed. The book starts by developing and defending a new theory of reasons for action, that is, of (...) practical reasons. The theory belongs to a family that analyses reasons by appeal to the normative notion of rightness (fittingness, correctness); it is distinctive in making central appeal to modal notions, specifically, that of a nearby possible world. The result is a comprehensive framework that captures what is common to and distinctive of reasons of various kinds: justifying and demanding; for and against, possessed and unpossessed; objective and subjective. The framework is then generalized to reasons for belief, that is, to epistemic reasons, and combined with a substantive, first-order commitment, namely, that truth is the sole right-maker for belief. The upshot is an account of the various norms governing belief, including knowledge and rationality, and the relations among them. According to it, the standards to which belief is subject are various, but they are unified by an underlying principle. (shrink)

Three classic distinctions specify that truths can be necessary versus contingent,analytic versus synthetic, and a priori versus a posteriori. The philosopher reading this article knows very well both how useful and ordinary such distinctions are in our conceptual work and that they have been subject to many and detailed debates, especially the last two. In the following pages, I do not wish to discuss how far they may be tenable. I shall assume that, if they are reasonable and non problematic (...) in some ordinary cases, then they can be used in order to understand what kind of knowledge the maker’s knowledge is. By this I mean the sort of knowledge that Alice enjoys when she holds the information that Bob’s coffee is sweetened because she just put two spoons of sugar in it herself. The maker’s knowledge tradition is quite important but it is not mainstream in modern and analytic epistemology and lacks grounding in terms of exactly what sort of knowledge one is talking about. My suggestion is that this grounding can be provided by a minimalist approach, based on an information-theoretical analysis. In the article, I argue that we need to decouple a fourth distinction, namely informative versus uninformative, from the previous three and, in particular, from its implicit association with analytic versus synthetic and a priori versus a posteriori; such a decoupling facilitates, and is facilitated by, moving from a monoagent to a multiagent approach: the distinctions qualify a proposition, a message, or some information not just in themselves but relationally, with respect to an informational agent; the decoupling and the multiagent approach enable a re-mapping of currently available positions in epistemology on these four dichotomies; within such a re-mapping, two positions, capturing the nature of a witness’ knowledge and of a maker’s knowledge, can best be described as contingent, synthetic, a posteriori, and uninformative and as contingent, synthetic, weakly a priori, and uninformative respectively. In the conclusion, I indicate why the analysis of the maker’s knowledge has important consequences in all those cases in which the poietic intervention on a system determines the truth of the model of that system. (shrink)

The game theoretic notion of best-response reasoning is sometimes criticized when its application produces multiple solutions of games, some of which seem less compelling than others. The recent development of the theory of team reasoning addresses this by suggesting that interacting players in games may sometimes reason as members of a team – a group of individuals who act together in the attainment of some common goal. A number of properties have been suggested for team-reasoning decision-makers’ goals to satisfy, (...) but a few formal representations have been discussed. In this paper we suggest a possible representation of these goals based on the notion of mutual advantage. We propose a method for measuring extents of individual and mutual advantage to the interacting decision-makers, and define team interests as the attainment of outcomes associated with maximum mutual advantage in the games they play. (shrink)

Consider the following three claims. (i) There are no truths of the form ‘p and ~p’. (ii) No one holds a belief of the form ‘p and ~p’. (iii) No one holds any pairs of beliefs of the form {p, ~p}. Irad Kimhi has recently argued, in effect, that each of these claims holds and holds with metaphysical necessity. Furthermore, he maintains that they are ultimately not distinct claims at all, but the same claim formulated in different ways. I find (...) his argument suggestive, if not entirely transparent. I do think there is at least an important kernel of truth even in (iii), and that (i) ultimately explains what’s right about the other two. Consciousness of an impossibility makes belief in the obtaining of the corresponding state of affairs an impossibility. Interestingly, an appreciation of this fact brings into view a novel conception of inference, according to which it consists in the consciousness of necessity. This essay outlines and defends this position. A central element of the defense is that it reveals how reasoners satisfy what Paul Boghossian calls the Taking Condition and do so without engendering regress. (shrink)

Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of (i) what is best for an agent to do in light of the actual circumstances in which she acts and (ii) what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent who (...) may be uncertain about the circumstances in which she acts, and hence is unable to use her standard moral principle directly in deciding what to do. This paper distinguishes two important senses of “moral guidance”; proposes criteria of adequacy for accounts of subjective rightness; canvasses existing definitions for “subjective rightness”; finds them all deficient; and proposes a new and more successful account. It argues that each comprehensive moral theory must include multiple principles of subjective rightness to address the epistemic situations of the full range of moral decision-makers, and shows that accounts of subjective rightness formulated in terms of what it would reasonable for the agent to believe cannot provide that guidance. -/- . (shrink)

Can reasoning improve moral judgments and lead to moral progress? Pessimistic answers to this question are often based on caricatures of reasoning, weak scientific evidence, and flawed interpretations of solid evidence. In support of optimism, we discuss three forms of moral reasoning (principle reasoning, consistency reasoning, and social proof) that can spur progressive changes in attitudes and behavior on a variety of issues, such as charitable giving, gay rights, and meat consumption. We conclude that moral reasoning, particularly when embedded in (...) social networks with mutual trust and respect, is integral to moral progress. (shrink)

Corporate social responsibility (CSR) has become a focal point for research aimed at extending business ethics to extra-corporate issues; and as a result many companies now seek to at least appear dedicated to one or another version of CSR. This has not affected the arms industry, however. For, this industry has not been discussed in CSR literature, perhaps because few CSR scholars have questioned this industry's privileged status as an instrument of national sovereignty. But major changes in the organization of (...) political communities call traditional views of sovereignty into question. With these considerations in mind I assess the U.S. arms industry on the basis of CSR requirements regarding the environment, social equity, profitability, and use of political power. I find that this industry fails to meet any of these four CSR requirements. Countering a claim that these failings should not be held against arms manufacturers because their products are crucial to national defense, I contend that many of these companies function not as dutiful agents of a nation-state but as politically powerful entities in their own right. So, I conclude, they should be held responsible for the foreseeable consequences that flow from use of their products. This responsibility should include civil liability and, in cases involving war crimes and violations of human rights, responsibility under international human rights standards. (shrink)

There has been considerable discussion recently of consequentialist justifications of epistemic norms. In this paper, I shall argue that these justifications are not justifications. The consequentialist needs a value theory, a theory of the epistemic good. The standard theory treats accuracy as the fundamental epistemic good and assumes that it is a good that calls for promotion. Both claims are mistaken. The fundamental epistemic good involves accuracy, but it involves more than just that. The fundamental epistemic good is knowledge, not (...) mere true belief, because the goodness of an epistemic state is connected to that state's ability to give us reasons. If I'm right about the value theory, this has a number of significant implications for the consequentialist project. First, the good-making features that attach to valuable full beliefs are not features of partial belief. The resulting value theory does not give us the values we need to give consequentialist justifications of credal norms. Second, the relevant kind of good does not call for promotion. It is good to know, but the rational standing of a belief is not determined by the belief's location in a ranked set of options. In the paper's final section, I explain why the present view is a kind of teleological non-consequentialism. There is a kind of good that is prior to the right, but as the relevant kind of good does not call for promotion the value theory shows us what is wrong with the consequentialist project. (shrink)

Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics (...) relies on premises that upset Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)

The standard view says that epistemic normativity is normativity of belief. If you’re an evidentialist, for example, you’ll think that all epistemic reasons are reasons to believe what your evidence supports. Here we present a line of argument that pushes back against this standard view. If the argument is right, there are epistemic reasons for things other than belief. The argument starts with evidentialist commitments and proceeds by a series of cases, each containing a reason. As (...) the cases progress, the reasons change from counting in favor of things like having a belief to things like performing ordinary actions. We argue that each of those reasons is epistemic. If the argument succeeds, we should think there are epistemic reasons to consider hypotheses, conduct thought and physical experiments, extend one’s evidence, and perform mundane tasks like eating a sandwich, just as there are epistemic reasons to believe what one’s evidence supports. (shrink)

Reasoning by default is a relevant aspect of everyday life that has traditionally attracted the attention of many fields of research, from psychology to the philosophy of logic, from economics to artificial intelligence. Also in the field of law, default reasoning is widely used by lawyers, judges and other legal decision-makers. In this paper, a philosopher of language (Carlo Penco) and a philosopher of law (Damiano Canale) attempt to explore some uses of default reasoning that are scarcely considered by (...) legal theory. In particular, the dialogue dwells on the notion of literal meaning, witness testimony, and the problem of disagreement among experts in legal proceedings. The paper is intended as a sort of brain storming useful to identify new lines of research straddling philosophy of law, cognitive psychology and philosophy of language. (shrink)

Is practical reason a cognitive faculty? Do practical judgments make claims about a subject matter that are appropriately assessed in terms of their agreement with that subject matter? According to Kantians like Christine Korsgaard, the answer is no. To think otherwise is to conflate the theoretical and the practical, the epistemic and the ethical. I am not convinced. In this paper, I motivate my skepticism through examination of the very figure who inspires Korsgaard’s rejection of cognitivism: Kant. For as I (...) read him, Kant does not construe the distinction between theoretical and practical reason in terms of a distinction between cognitive and non-cognitive faculties but in terms of two distinct applications of a single faculty of reason, which is through-and-through cognitive. Thus, practical, no less than theoretical, reason cognizes a subject matter, and so practical, no less than theoretical, reason is straightforwardly subject to familiar epistemic standards of truth, warrant, and knowledge. Of course, even if I am right about Kant, this does not show that Korsgaard is wrong about reason; and I will offer no direct argument against her position here. Nonetheless, I believe that reflection on Kant’s true view, with its careful treatment of and respect for both the practicality and rationality of reason, should perhaps lead us to rethink what it means to be a rationalist in ethics. (shrink)

Suppose we suffer a loss, such as the death of a loved one. In light of her death, we will typically feel grief, as it seems we should. After all, our loved one’s death is a reason for grief. Yet with the passage of time, our grief will typically diminish, and this seems somehow all right. However, our reason for grief ostensibly remains the same, since the passage of time does not undo our loss. How, then, could it not (...) be wrong for grief to diminish? Or how are we to make sense of the diminution of grief? Do reasons expire? —The paper clarifies the puzzle and then considers four responses. It argues that all of them are inadequate and that there are principled reasons why this should be so: In experiencing grief we are apprehending a loss. Yet in our effort to understand the diminution of grief, we must apprehend ourselves. But because grief is not about ourselves, our apprehension of the diminution of grief is at odds with our apprehension of the object of grief. This gives rise to a kind of double-vision, which is why the puzzle eludes a solution. (shrink)

Retributive theories of punishment argue that punishing a criminal for a crime she committed is sufficient reason for a justified and morally permissible punishment. But what about when the state gets lucky in its decision to punish? I argue that retributive theories of punishment are subject to “Gettier” style cases from epistemology. Such cases demonstrate that the state needs more than to just get lucky, and as these retributive theories of punishment stand, there is no anti-luck condition. I’ll argue that (...) Gettier-style cases demonstrate an impermissible instance of punishment, even though they meet the conditions of retributive theories of punishment. Retributive theories are, therefore, too weak. The safety condition from epistemology provides the anti-luck condition needed for permissible punishment. I argue that two forms of retributivism, rights-forfeiture and what I call standard retributivism, are both subject to Gettier-style cases. Unlike the literature on standards of proof, this paper argues that safety is a condition on punishment itself, i.e., in all nearby possible worlds, the accuser must correctly accuse the convicted for the crime they actually committed. (shrink)

Animals, the beautiful creatures of God in the Stoic and especially in Porphyry’s sense, need to be treated as rational. We know that the Stoics ask for justice for all rational beings, but there is no significant proclamation from their side that openly talks in favour of animal justice. They claim the rationality of animals but do not confer any rights to human beings. The later Neo-Platonist philosopher Porphyry magnificently deciphers this idea in his writing On Abstinence from Animal Food. (...) Aristotle’s successor Theophrastus thinks that both animals and humans are made up of the same tissues, and like a human, animals also have the same way of perception, reasoning and appetites. My next effort would be to decipher how Porphyry illustrates Theophrastus’ perspective not in the way (the technical theory of justice) the Stoics argued. Porphyry’s stance seems more humanistic that looks for the pertinent reasons for treating animal rights from the contention of justice that Aristotle, in his early writings, defied since animals can deal with reasons. The paper highlights how much we could justificatorily demand empathetic concern for animals from the outlook of the mentioned Greek thinkers and the modern animal rights thinkers as quasi-right of animals, even if my position undertakes the empathetic ground for animals in an undeserving humanitarian way. (shrink)

I develop a contractualist theory of just intelligence collection based on the collective moral responsibility to deliver security to a community and use the theory to justify certain kinds of signals interception. I also consider the rights of various intelligence targets like intelligence officers, service personnel, government employees, militants, and family members of all of these groups in order to consider how targets' waivers or forfeitures might create the moral space for just surveillance. Even people who are not doing anything (...) prejudicial to other states' security can be modeled as ceding rights against diagnostic collection--light touch collection limited to ascertaining if someone is likely an intelligence threat--as part of their duty to support just foreign institutions. Foreign intelligence officers could not perform the same job potential targets can reasonably demand their intelligence agencies perform on their behalf without this ceding of rights. More invasive forms of collection can only be justified if officers can reasonably model their citizens consenting to being the target of the same sort of collection by adversary states. (shrink)

Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that the GDPR will legally mandate a ‘right to explanation’ of all decisions made by automated or artificially intelligent algorithmic systems. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. (...) In contrast to the right to explanation of specific automated decisions claimed elsewhere, the GDPR only mandates that data subjects receive meaningful, but properly limited, information (Articles 13-15) about the logic involved, as well as the significance and the envisaged consequences of automated decision-making systems, what we term a ‘right to be informed’. Further, the ambiguity and limited scope of the ‘right not to be subject to automated decision-making’ contained in Article 22 (from which the alleged ‘right to explanation’ stems) raises questions over the protection actually afforded to data subjects. These problems show that the GDPR lacks precise language as well as explicit and well-defined rights and safeguards against automated decision-making, and therefore runs the risk of being toothless. We propose a number of legislative and policy steps that, if taken, may improve the transparency and accountability of automated decision-making when the GDPR comes into force in 2018. (shrink)

In this article, I sketch a Kant-inspired liberal account of human rights: the freedom-centred view. This account conceptualizes human rights as entitlements that any political authority—any state in the first instance—must secure to qualify as a guarantor of its subjects' innate right to freedom. On this picture, when a state (or state-like institution) protects human rights, it reasonably qualifies as a moral agent to be treated with respect. By contrast, when a state (or state-like institution) fails to protect human (...) rights, it loses its moral status and becomes liable to both internal and external interference. I argue that this account not only steers a middle course between so-called natural-law and political approaches to human rights but also satisfies three important theoretical desiderata— explanatory power, functional specificity, and critical capacity. (shrink)

Normative explanations, which specify why things have the normative features they do, are ubiquitous in normative theory and ordinary thought. But there is much less work on normative explanation than on scientific or metaphysical explanation. Skow (2016) argues that a complete answer to the question why some fact Q occurs consists in all of the reasons why Q occurs. This paper explores this theory as a case study of a general theory that promises to offer us a grip on (...) normative explanation which is independent of particular normative theories. I first argue that the theory doesn’t give an adequate account of certain enablers of reasons which are important in normative explanation. I then formulate and reject three responses on behalf of the theory. But I suggest that since theories of this general sort have the right kind of resources to illuminate how normative explanation might be similar to and different from explanations in other domains, they nonetheless merit further exploration by normative theorists. (shrink)

Some prominent evidentialists argue that practical considerations cannot be normative reasons for belief because they can’t be motivating reasons for belief. Existing pragmatist responses turn out to depend on the assumption that it’s possible to believe in the absence of evidence. The evidentialist may deny this, at which point the debate ends in an impasse. I propose a new strategy for the pragmatist. This involves conceding that belief in the absence of evidence is impossible. We then argue that (...) evidence can play a role in bringing about belief without being a motivating reason for belief, thereby leaving room for practical considerations to serve as motivating reasons. I present two ways in which this can happen. First, agents can use evidence as a mere means by which to believe, with practical considerations serving as motivating reasons for belief, just as we use tools (e.g. a brake pedal) as mere means by which to do something (e.g. slow down) which we are motivated to do for practical reasons. Second, evidence can make it possible for one to choose whether or not to believe – a choice one can then make for practical reasons. These arguments push the debate between the evidentialist and the pragmatist into new territory. It is no longer enough for an evidentialist to insist that belief is impossible without evidence. Even if this is right, the outcome of the debate remains unsettled. It will hang on the ability of the evidentialist to respond to the new pragmatist strategy presented here. (shrink)

Summary Background Self-binding directives instruct clinicians to overrule treatment refusal during future severe episodes of illness. These directives are promoted as having potential to increase autonomy for individuals with severe episodic mental illness. Although lived experience is central to their creation, service users’ views on self-binding directives have not been investigated substantially. This study aimed to explore whether reasons for endorsement, ambivalence, or rejection given by service users with bipolar disorder can address concerns regarding self-binding directives, decision-making capacity, and (...) human rights. Methods This study used qualitative data from an internet-based survey distributed to the mailing list of the UK charity Bipolar UK, which contained multiple closed and open questions on advance decision-making in bipolar disorder. Quantitative analysis of a closed question about self-binding directives had already demonstrated endorsement amongst a very high proportion of participants with bipolar disorder who completed the survey. We conducted thematic analysis of responses from those participants who answered a subsequent open question about reasons for their view. Research was co-produced within a multi-disciplinary team, with clinical, legal, and ethical expertise, and lived experience of bipolar disorder. Ideas and methodologies associated with all these areas of expertise were used in the analysis of these reasons and to gain insight into the thoughts of individuals with bipolar disorder about self-binding directives and associated issues. Findings Between Oct 23 and Dec 5, 2017, 932 individuals with a self-reported clinical diagnosis of bipolar disorder completed the internet survey, with 565 (154 men; 400 women; 11 transgender or other) providing free text answers to the open question. A large majority of respondents endorsed self-binding directives, nearly all describing a determinate shift to types of distorted thinking and decision-making when unwell as their key justification. Responses indicating ambivalence were dominated by logistical concerns about the drafting and implementation of self-binding directives, while those who rejected self-binding directives also cited logistical concerns, validity of their thinking when unwell, and potential contravention of human rights. Interpretation This study is, to our knowledge, the first large study of reasons why mental health service users might endorse or reject the use of self-binding directives. The findings provide empirical support for introducing self-binding directives into mental health advance decision-making practice and policy and may help to address enduring ethical concerns surrounding possible implementation of the directive while a person retains decision-making capacity. The opinions expressed here in responses given by multiple service users with bipolar disorder challenge a prominent view within international disability rights debates that involuntary treatment and recognition of impaired mental capacity constitute inherent human rights violations. Funding The Wellcome Trust . (shrink)

At some point in the future – perhaps within the next few decades – it will be possible for foetuses to develop completely outside the womb. Ectogenesis, as this technology is called, raises substantial issues for the abortion debate. One such issue is that it will become possible for a woman to have an abortion, in the sense of having the foetus removed from her body, but for the foetus to be kept alive. We argue that while there is a (...) right to an abortion, there are reasons to doubt that there is a right to the death of the foetus. Our strategy in this essay is to consider and reject three arguments in favour of this latter right. The first claims that women have a right not to be biological mothers, the second that women have a right to genetic privacy, and the third that a foetus is one's property. Furthermore, we argue that it follows from rejecting the third claim that genetic parents also lack a right to the destruction of cryopreserved embryos used for in vitro fertilization. The conclusion that a woman possesses no right to the death of the foetus builds upon the claims that other pro-choice advocates, such as Judith Jarvis Thomson, have made. (shrink)

Very plausibly, there is something important missing in our lives if we are thoroughly ignorant or misled about reality – even if, as in a kind of Truman Show scenario, intervention or fantastic luck prevents unhappiness and practical failure. But why? I argue that perfectionism about well-being offers the most promising explanation. My version says, roughly, that we flourish when we exercise our self-defining capacities successfully according to their constitutive standards. One of these self-defining capacities, or capacities whose exercise reveals (...) who we are, is Reason, our capacity for normative self-governance. I argue that in its practical use, Reason formally aims at competently realizing self-chosen valuable ends that are in harmony with each other, or valuable achievements. In its theoretical use, it formally aims at competently grasping fundamental enough subject matters, or a kind of understanding. Because success by reason’s own standards requires many things to go right, there are many different ways in which we can fall short. Some of them amount to partial success. But some, like incompetent inquiry that fails to yield understanding of its target, or taking inefficient means to a worthless end, are robust failures that amount to epistemic or agential unflourishing, and thus to a form of ill-being. (shrink)

A communitarian perspective, which is characteristic of African normative thought, accords some kind of primacy to society or a group, whereas human rights are by definition duties that others have to treat individuals in certain ways, even when not doing so would be better for others. Is there any place for human rights in an Afro-communitarian political and legal philosophy, and, if so, what is it? I seek to answer these questions, in part by critically exploring one of the most (...) influential theoretical works on human rights in a sub-Saharan setting, namely, Claude Ake’s ‘The African Context of Human Rights’. Ake famously maintains that a typically Western approach to rights is inappropriate in the sub-Saharan region, in two major respects. First, Ake contends that although a human rights legal framework might be suitable for an ‘individualistic’ society, it is not for one of the sort common among traditional black peoples, for whom group rights are alone apt. Second, Ake maintains that, insofar as rights are relevant, rights to socio-economic goods are of much more importance in an African context than rights to civil liberties, due process and the like. Using Ake’s article as a foil, I draw on values salient in sub-Saharan moral worldviews to construct a unified philosophy of rights that not only provides reason to doubt his two claims, but also offers a promising way to reconcile a communitarian framework with a robust prizing of human rights alongside ones that are more collectively oriented. In short, I aim to provide a principled foundation for the core elements of the African Charter of Human and Peoples’ Rights. (shrink)

One prominent argument in international law and religious thought for abolishing capital punishment is that it violates individuals’ right to life. Notably, this _right-to-life argument_ emerged from normative and legal frameworks that recognize deadly force against aggressors as justified when necessary to stop their unjust threat of grave harm. Can capital punishment be necessary in this sense—and thus justified defensive killing? If so, the right-to-life argument would have to admit certain exceptions where executions are justified. Drawing on work (...) by Hugo Bedau, I identify a thought experiment where executions are justified defensive killing but explain why they cannot be in our world. A state’s obligations to its prisoners include the _obligation to use nonlethal incapacitation_ (ONI), which applies as long as prisoners pose no imminent threat. ONI precludes executions for reasons of future dangerousness. By subjecting the right-to-life argument to closer scrutiny, this article ultimately places it on firmer ground. (shrink)

Modern thought typically opposes the authority of tradition in the name of universal reason. Postmodernism begins with the insight that the sociohistorical context of tradition and its authority is inevitable, even in modernity. Modernity can no longer take itself for granted when it recognizes itself as a tradition that is opposed to traditions. The left-wing postmodernist response to this insight is to conclude that because tradition is inevitable, irrationality is inevitable. The right-wing postmodernist response is to see traditions as (...) the home of diverse forms of rationality. This requires an understanding of the Socratic, self-critical aspect of intellectual traditions, which include both modern sciences and the great world religions. (shrink)

”Meaningful human control” is a term invented in the political and legal debate on autonomous weapons system, but it is nowadays also used in many other contexts. It is supposed to specify conditions under which an artificial system is under the right kind of control to avoid responsibility gaps: that is, situations in which no moral agent is responsible. Santoni de Sio and Van den Hoven have recently suggested a framework that can be used by system designers to operationalize (...) this kind of control. It is the purpose of this paper to facilitate further operationalization of ”meaningful human control”. -/- This paper consists of two parts. In the first part I resolve an ambiguity that plagues current operationalizations of MHC. One of the design conditions says that the system should track the reasons of the relevant agents. This condition is ambiguous between the kind of reasons involved. On one interpretation it says that a system should track motivating reasons, while it is concerned with normative reasons on the other. Current participants in the debate interpret the framework as being concerned with (something in the vicinity of) motivating reasons. I argue against this interpretation by showing that meaningful human control requires that a system tracks normative reasons. Moreover, I maintain that an operationalization of meaningful human control that fails to track the right kind of reasons is morally problematic.When this is properly understood, it can be shown that the framework of MHC is committed to the agent-relativity of reasons. More precisely, I argue in the second part of this paper that if the tracking condition of MHC plays an important role in responsibility attribution (as the proponents of the view maintain), then the framework is incompatible with first-order normative theories that hold that normative reasons are agent-neutral (such as many versions of consequentialism). In the final section I present three ways forward for the proponent of MHC as reason-responsiveness. (shrink)

In this paper I explain and defend the content and justification of John Rawls's conception of human rights, as he outlines it in his major work: The Law of Peoples. I focus, in particular, on the criticisms of Allen Buchanan. Buchanan distinguishes four lines of argument that Rawls uses to derive what, according to Buchanan, is a 'lean' list of human rights : the Political Conception Argument, the Associationist Argument, the Cooperation Argument, and finally the Functionalist Argument. In each case (...) Buchanan proceeds to show how the premises of Rawls's argument lead to absurd consequences if taken to their logical conclusion. It can be shown, however, that the reason these consequences follow is that Buchanan misunderstands and misrepresents Rawls's premises. (shrink)