THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS. -/- The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: (...) there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into an unpalatable moral relativism on which there is no non-arbitrary basis between a justice that underwrites forms of domination such as slavery and a justice that condemns such forms of domination is equally powerful and compelling. I show that there is a way to harmonize both views that is subject to empirical test. -/- First I show that the most widely accepted and influential formulation of liberal justice, John Rawls' Justice as Fairness, in. e.g, A Theory of Justice, cannot avoid the relativistic challenge because it would not be accepted, as a matter of sociological fact, by real people in a divided society once the "veil of Ignorance" is removed and real people step out from the Original Position. To put it differently, different reflective equilibria are inevitable in a divided society. Given the weight that Rawls properly puts on the realizability of a conception of justice and its stability in practice, this is a fatal objection. There can be no divided society that is "well ordered" in Rawls' sense, governed by a shared conception of justice and known to be so governed. -/- I then turn to the most powerful statement of the CLS view, Milton's Fisk's relativistic account in The State and Justice. For Fisk, justice is a compromise between what the dominant groups can compel and what the the subordinate groups will acquiesce to., There is no one such compromise in any given situation, so the account is in that sense relativistic, but more deeply, it is relativistic in that it offers no non-arbitrary, non-question begging way to choose between the official justice of, e.g., a slaveholding society and and the radical justice of the slaves, which has no place for slaveholders as a group or slavery as an institution.All that Fisk can offer is an arbitrary existential choice: I'm with the slaves. (Or the slaveowners.) Most of us would find this disconcerting or even unacceptable. -/- I show that Fisk's general sort of account can be modified to allow for an non-arbitrary choice. Given general facts about human nature, societies based on domination will produce resistance that over the long run will diminish or eliminate various forms of domination. Through a sort of ratchet effect, rights won will be hard if not impossible to reverse. Societies embodying forms of domination can therefore be compared on dimensions of stability: the more domination, the more resistance, and the less stability. Such societies are inferior on the dimension of justice to more emancipatory society on the terms of both kinds of justice, official and radical. -/- This is not question begging because regimes of domination incorporate stability no less than more emancipatory social orders. The choice between official justice embodying domination and radical justice that does not is not arbitrary because it is based on a shared commitment to long term stability. This offers an empirical test of which social orders are more justice, and a prediction that over time, domination will tend to decrease. (shrink)

1. EXPLICATING THE CONCEPT OF REFLECTION (under review) -/- To understand how ‘reflection’ is used, I consider ordinary, philosophical, and scientific discourse. I find that ‘reflection’ seems to refer to reasoning that is deliberate and conscious, but not necessarily self-conscious. Then I offer an empirical explication of reflection’s conscious and deliberate features. These explications not only help explain how reflection can be detected; they also distinguish reflection from nearby concepts such as ruminative and reformative reasoning. After this, I find that (...) reflection is not obviously limited to only practical or only theoretical reasoning. The chapter ends with reasons to prefer ‘unreflective’ and ‘reflective’ to dual process theorists’ labels about systems or types. -/- 2. BOUNDED REFLECTIVISM & EPISTEMIC IDENTITY (in Metaphilosophy) -/- Reflection features centrally in philosophy (e.g., Korsgaard, 1996; Rawls, 1971; Sosa, 1991) and psychology (e.g., Pennycook, 2018). Bounded reflectivism is an empirically adequate model of reflection that explains reflection’s capacity to either help or hinder reasoning—e.g., reflective equilibrium vs. reflective polarization (e.g., Kahan et al., 2017). One innovation of the model is epistemic identity: an identity that involves particular beliefs—e.g., religious and political identities. When we feel that our epistemic identity is threatened, we can reflectively defend its beliefs rather than update our beliefs according to the best arguments and evidence. The solution, I argue, is not to suppress epistemic identity but embrace it by appealing to shared, superordinate epistemic identities. -/- 3. ALL MEASURES ARE NOT CREATED EQUAL (under review) -/- A bat and a ball cost $1.10 in total. The bat costs $1.00 more than the ball. How much does the ball cost? “10 cents” comes to most people’s minds immediately. However, upon reflection, we can realize that “5 cents” is the correct answer. There are many reflection tests. Each has its limitations. Some reflection tests are mathematical—like the bat-and-ball problem (e.g., Frederick, 2005) and others are logical (e.g., Janis & Frick, 1943). So there are concerns that reflection tests track logical and mathematical competence rather than reflection per se. Also, some psychologists assume a priori that correct answers are reflective and lured answers are unreflective. New evidence raises additional concerns about the plausibility of these assumptions. I argue that think aloud protocols (Ericsson & Simon, 1998) and process dissociation (Jacoby, 1991) can assuage some of these concerns. -/- 4. GREAT MINDS DO NOT THINK ALIKE (in Review of Philosophy and Psychology) -/- Two large studies (N = 1299), one pre-registered, found that many correlations between reflection and philosophical beliefs among non-philosophers replicated among philosophers. For example, less reflective philosophers preferred theism to atheism and utilitarian rather than deontological responses to the trolley problem (Hannikainen & Cova, in prep.; Pennycook et al., 2016; Reynolds, Byrd, & Conway, forthcoming). However, philosophical judgments were sometimes better predicted by factors like education, gender, and personality than by reflection test performance. So although some relationships between reflection and philosophy were robust, there is more to the link between reflection and philosophy. Normative implications are also discussed—e.g., how we can infer the quality of philosophical views from their correlations with reflective or unreflective reasoning. -/- 5. WHAT WE CAN (AND CAN’T) INFER ABOUT IMPLICIT BIAS (in Synthese) -/- Contrary to some philosophers and psychologists, I argue that implicit bias is probably associative. However, I also argue that debiasing is not thereby entirely unconscious and involuntary. Indeed, strong evidence suggests that reflection can change implicitly biased behavior—e.g., conscious and deliberate counterconditioning. This has implications for the science and morality of implicit bias—e.g., evidence suggests that we can reform biases; so. intuitively, we can be responsible for biases. (shrink)

Rule-consequentialists tend to argue for their normative theory by claiming that their view matches our moral convictions just as well as a pluralist set of Rossian duties. As an additional advantage, rule-consequentialism offers a unifying justification for these duties. I challenge the first part of the ruleconsequentialist argument and show that Rossian duties match our moral convictions better than the rule-consequentialist principles. I ask the rule-consequentialists a simple question. In the case that circumstances change, is the wrongness of acts determined (...) by the ideal principles for the earlier circumstances or by the ideal ones for the new circumstances? I argue that whichever answer the rule-consequentialists give the view leads to normative conclusions that conflict with our moral intuitions. Because some set of Rossian duties can avoid similar problems, rule-consequentialism fails in the reflective equilibrium test advocated by the rule-consequentialists. (shrink)

Philosophy is a reflective activity. So perhaps it is unsurprising that many philosophers have claimed that reflection plays an important role in shaping and even improving our philosophical thinking. This hypothesis seems plausible given that training in philosophy has correlated with better performance on tests of reflection and reflective reasoning has correlated with demonstrably better judgments in a variety of domains. This article reviews the hypothesized roles of reflection in philosophical thinking as well as the empirical evidence for (...) these roles. This reveals that although there are fairly reliable links between reflection and philosophical judgment among both laypeople and philosophers, the role of reflection in philosophical thinking may nonetheless depend in part on other factors, some of which have yet to be determined. So progress in research on reflection in philosophy may require further innovation in experimental methods and psychometric validation of philosophical measures. (shrink)

This article examines the method of reflective equilibrium (RE) and its role in philosophical inquiry. It begins with an overview of RE before discussing some of the subtleties involved in its interpretation, including challenges to the standard assumption that RE is a form of coherentism. It then evaluates some of the main objections to RE, in particular, the criticism that this method generates unreasonable beliefs. It concludes by considering how RE relates to recent debates about the role of (...) intuitions in philosophy. (shrink)

I distinguish two ways of developing anti-exceptionalist approaches to logical revision. The first emphasizes comparing the theoretical virtuousness of developed bodies of logical theories, such as classical and intuitionistic logic. I'll call this whole theory comparison. The second attempts local repairs to problematic bits of our logical theories, such as dropping excluded middle to deal with intuitions about vagueness. I'll call this the piecemeal approach. I then briefly discuss a problem I've developed elsewhere for comparisons of logical theories. Essentially, the (...) problem is that a pair of logics may each evaluate the alternative as superior to themselves, resulting in oscillation between logical options. The piecemeal approach offers a way out of this problem andthereby might seem a preferable to whole theory comparisons. I go on to show that reflective equilibrium, the best known piecemeal method, has deep problems of its own when applied to logic. (shrink)

This paper aims to flesh out the celebrated notion of reflective equilibrium within a probabilistic framework for epistemic rationality. On the account developed here, an agent's attitudes are in reflective equilibrium when there is a certain sort of harmony between the agent's credences, on the one hand, and what the agent accepts, on the other hand. Somewhat more precisely, reflective equilibrium is taken to consist in the agent accepting, or being prepared to accept, all (...) and only claims that follow from a maximally comprehensive theory that is more probable than any other such theory. Drawing on previous work, the paper shows that when an agent is in reflective equilibrium in this sense, the set of claims they accept or are prepared to accept is bound to be logically consistent and closed under logical implication. The paper also argues that this account can explain various features of philosophical argumentation in which the notion of reflective equilibrium features centrally, such as the emphasis on evaluating philosophical theories holistically rather than in a piecemeal fashion. (shrink)

The method of reflective equilibrium (MRE) is a method of justification popularized by John Rawls and further developed by Norman Daniels, Michael DePaul, Folke Tersman, and Catherine Z. Elgin, among others. The basic idea is that epistemic agents have justified beliefs if they have succeeded in forming their beliefs into a harmonious system of beliefs which they reflectively judge to be the most plausible. Despite the common reference to MRE as a method, its mechanisms or rules are typically (...) expressed in a metaphorical or simplified manner and are therefore criticized as too vague. Recent efforts to counter this criticism have been directed towards the attempt to provide formal explications of MRE. This paper aims to supplement these efforts by providing an informal working definition of MRE. This approach challenges the view that MRE can adequately be characterized only in the negative as a set of anti-essentialisms. I argue that epistemic agents follow MRE iff they follow four interconnected rules, which are concerned with a minimalistic form of foundationalism, a minimalistic form of fallibilism, a moderate form of holism, and a minimalistic form of rationality. In the critical spirit of MRE, the corresponding working definition is, of course, provisional and revisable. In general, the aim is to contribute to a reflective equilibrium (RE) concerning MRE. If it is successful, this working definition provides a better grasp of the most basic elements of the method and thereby enhances our understanding of it. (shrink)

The method of reflective equilibrium focuses on the relationship between principles and judgments. Principles are relatively general rules for comprehending the area of enquiry. Judgments are our intuitions or commitments, ‘at all levels of generality’ (Rawls 1975: 8), regarding the subject matter. The basic idea of reflective equilibrium is to bring principles and judgments into accord. This can be achieved by revising the principles and/or the judgments. -/- I first look at normative political judgments (Section 2) (...) before considering the role of principles, arguments, devices of representation and background theory in wide reflective equilibrium (Section 3). I then consider two of the main challenges to the method (Section 4), and show how to use it to deliberate about substantive political principles (Section 5). I conclude with an extended example of the method in action (Section 6). (shrink)

There is a long-standing debate in philosophy about whether it is morally permissible to harm one person in order to prevent a greater harm to others and, if not, what is the moral principle underlying the prohibition. Hypothetical moral dilemmas are used in order to probe moral intuitions. Philosophers use them to achieve a reflective equilibrium between intuitions and principles, psychologists to investigate moral decision-making processes. In the dilemmas, the harms that are traded off are almost always deaths. (...) However, the moral principles and psychological processes are supposed to be broader than this, encompassing harms other than death. Further, if the standard pattern of intuitions is preserved in the domain of economic harm, then that would open up the possibility of studying behavior in trolley problems using the tools of experimental economics. We report the results of two studies designed to test whether the standard patterns of intuitions are preserved when the domain and severity of harm are varied. Our findings show that the difference in moral intuitions between bystander and footbridge scenarios is replicated across different domains and levels of physical and non-physical harm, including economic harms. (shrink)

I address the worry that reflective equilibrium is too weak as an account of justification because it fails to let differing views converge. I take up informal aspects of convergence and operationalise them in a formal model of reflective equilibrium. This allows for exploration by the means of computer simulation. Findings show that the formal model does not yield unique outputs, but still boosts agreement. I conclude from this that reflective equilibrium is best seen (...) as a pluralist account of justification that cannot be accused of resulting in an “anything goes” relativism. (shrink)

In this paper, we focus on one controversial element of the method of reflective equilibrium, namely Rawls’s idea that the commitments that enter the justificatory procedure should be pre-selected or filtered: According to him, only considered judgements should be taken into account in moral philosophy. There are two camps of critics of this filtering process: 1) Critics of reflective equilibrium: They reject the Rawlsian filtering process as too weak and seek a more reliable one, which would (...) actually constitute a distinct epistemic method. 2) Proponents of reflective equilibrium: They reject the Rawlsian filtering process as too exclusionary. We defend RE against its critics, arguing that the method can secure reasonable commitments without depending on a strong external filtering process. However, we side with the critical proponents of reflective equilibrium and argue that without the Rawlsian weak filtering process, RE is more plausible both as a general method as well as in the context of moral philosophy. (shrink)

How can we figure out what’s right or wrong, if moral truths are neither self-evident nor something we can perceive? Very roughly, the method of reflective equilibrium (RE) says that we should begin moral inquiry from what we already confidently think, seeking to find a a match between our initial convictions and general principles that are well-supported by background theories, mutually adjusting both until we reach a coherent outlook in which our beliefs are in harmony (the equilibrium (...) part) and we know why and how they support each other (the reflective part). It has been central to the self-understanding of normative ethics and other branches of philosophy in the last half a century. In this chapter, we examine the history of the idea of RE and introduce a schema for generating 256 variants. We explain why RE is subject to serious objections insofar as it purports to yield epistemic justification in virtue of achieving coherence. However, we also develop a new argument to the effect that RE is the best feasible method for us to achieve moral understanding and the ability to justify our judgments to others. It may thus be crucial for responsible moral inquiry, even if coherence among considered judgments and principles is neither sufficient nor necessary for justified moral belief. (shrink)

This paper proposes a Rawlsian conception of moral justification as a social activity. Through a close reading, Rawls’ view of ethical justification is shown to be significantly more dialogical and deliberative than is commonly appreciated. The result is a view that emphasizes the social nature of ethical justification and identifies information sharing between persons as the crux of justification in metaethics, in contrast to normative ethics. I call it Rawlsian reflective equilibrium to distinguish it from other varieties.

John Rawls’ method of reflective equilibrium is the most influential methodology in contemporary ethics.This paper argues that this influence is undeserved, for two reasons. First, reflective equilibrium fails to accomplish two tasks that give us reason to care about methodology. On the one hand, it fails to explain how (or whether) moral knowledge is possible.This is because the method is explicitly oriented towards the distinct (and less interesting) task of characterizing our moral sensibilities. On the other (...) hand, the method fails to provide an informative way of adjudicating central methodological debates in ethics. Second, where Rawls’ method –and the background methodology he uses to motivate it –do have substance, that substance is implausible. The role of dispositions in the method entails that it endorses obviously irrational inferences. Further, the method makes substantively implausible distinctions between the dispositions that are allowed to play a methodological role. Rawls' background methodology appeals to the idea of a psychology in ‘wide reflective equilibrium’. However, both formal and empirical path-dependence considerations strongly suggest that there is nothing even minimally determinate that is someone’s psychology in ‘wide reflective equilibrium’. I close by exploring salient attempts to salvage the spirit of reflective equilibrium by abandoning elements of Rawls’ approach. I argue that none of these attempts succeed. I conclude that appeal to the method of reflective equilibrium is not a helpful means of addressing pressing methodological questions in ethics. In a slogan, reflective equilibrium is methodologically irrelevant. (shrink)

I argue against the claim that it is trivial to state that Sidgwick used the method of wide reflective equilibrium. This claim is based on what could be called the Triviality Charge, which is pressed against the method of wide reflective equilibrium by Peter Singer. According to this charge, there is no alternative to using the method if it is interpreted as involving all relevant philosophical background arguments. The main argument against the Triviality Charge is that (...) although the method of wide reflective equilibrium is compatible with coherentism (understood as a form of weak foundationalism) as well as moderate foundationalism, it is not compatible with strong foundationalism. Hence, the claim that a philosopher uses the method of wide reflective equilibrium is informative. In particular, this is true with regard to Sidgwick. (shrink)

Reflectivists consider reflective reasoning crucial for good judgment and action. Anti-reflectivists deny that reflection delivers what reflectivists seek. Alas, the evidence is mixed. So, does reflection confer normative value or not? This paper argues for a middle way: reflection can confer normative value, but its ability to do this is bound by such factors as what we might call epistemic identity: an identity that involves particular beliefs—for example, religious and political identities. We may reflectively defend our identities’ beliefs rather (...) than reflect open-mindedly to adopt whatever beliefs cohere with the best arguments and evidence. This bounded reflectivism is explicated with an algorithmic model of reflection synthesized from philosophy and science that yields testable predictions, psychometric implications, and realistic metaphilosophical suggestions—for example, overcoming motivated reflection may require embracing epistemic identity rather than veiling it (à la Rawls 1971). So bounded reflectivism should be preferred to views offering anything less. (shrink)

This book is an anthology with the following themes. Non-European Tradition: Bussanich interprets main themes of Hindu ethics, including its roots in ritual sacrifice, its relationship to religious duty, society, individual human well-being, and psychic liberation. To best assess the truth of Hindu ethics, he argues for dialogue with premodern Western thought. Pfister takes up the question of human nature as a case study in Chinese ethics. Is our nature inherently good (as Mengzi argued) or bad (Xunzi’s view)? Pfister ob- (...) serves their underlying agreement, that human beings are capable of becoming good, and makes precise the disagreement: whether we achieve goodness by cultivating autonomous feelings or by accepting external precepts. There are political consequences: whether government should aim to respect and em- power individual choices or to be a controlling authority. Early Greek Thinking: Collobert examines the bases of Homeric ethics in fame, prudence, and shame, and how these guide the deliberations of heroes. She observes how, by depending upon the poet’s words, the hero gains a quasi- immortality, although in truth there is no consolation for each person’s inevi- table death. Plato: Santas examines Socratic Method and ethics in Republic 1. There Socrates examines definitions of justice and tests them by comparison to the arts and sciences. Santas shows the similarities of Socrates’ method to John Rawls’ method of considered judgments in reflective equilibrium. McPherran interprets Plato’s religious dimension as like that of his teacher Socrates. McPherran shows how Plato appropriates, reshapes, and extends the religious conventions of his own time in the service of establishing the new enterprise of philosophy. Ac- cording to Taylor, Socrates believes that humans in general have the task of helping the gods by making their own souls as good as possible, and Socrates’ unique ability to cross-examine imposes on him the special task of helping others to become as good as possible. This conception of Socrates’ mission is Plato’s own, consisting in an extension of the traditional conception of piety as helping the gods. Brickhouse and Smith propose a new understanding of Socratic moral psychology—one that retains the standard view of Socrates as an intellectualist, but also recognizes roles in human agency for appetites and passions. They compare and contrast the Socratic view to the picture of moral psychology we get in other dialogues of Plato. Hardy also proposes a new, non-reductive understanding of Socratic eudaimonism—he argues that Socrates invokes a very rich and complex notion of the “Knowledge of the Good and Bad”, which is associated with the motivating forces of the virtues. Rudebusch defends Socrates’ argument that knowledge can never be impotent in the face of psychic passions. He considers the standard objections: that knowledge cannot weigh incom- mensurable human values, and that brute desire, all by itself, is capable of moving the soul to action. Aristotle: Anagnostopoulos interprets Aristotle on the nature and acquisition of virtue. Though virtue of character, aiming at human happiness, requires a complex awareness of multiple dimensions of one’s experience, it is not properly a cognitive capacity. Thus it requires habituation, not education, according to Aristotle, in order to align the unruly elements of the soul with reason’s knowledge of what promotes happiness. Shields explains Aristotle’s doctrine that goodness is meant in many ways as the doctrine that there are different analyses of goodness for different types of circumstance, just as for being. He finds Aristotle to argue for this conclusion, against Plato’s doctrine of the unity of the Good, by applying the tests for homonymy and as an immediate cons- equence of the doctrine of categories. Shields evaluates the issue as unresolved at present. Russell discusses Aristotle’s account of practical deliberation and its virtue, intelligence (phronesis). He relates the account to contemporary philo- sophical controversies surrounding Aristotle’s view that intelligence is neces- sary for moral virtue, including the objections that in some cases it is unnecessary or even impedes human goodness. Frede examines the advantages and disadvantages of Aristotle’s virtue ethics. She explains the general Greek con- ceptions of happiness and virtue, Aristotle’s conception of phronesis and compares the Aristotle’s ethics with modern accounts. Liske discusses the question of whether the Aristotelian account of virtue entails an ethical-psy- chological determinism. He argues that Aristotle’s understanding of hexis allows for free action and ethical responsibility : By making decisions for good actions we are able to stabilize our character (hexis). Hellenistic and Roman: Annas defends an account of stoic ethics, according to which the three parts of Stoicism—logic, physics, and ethics—are integrated as the parts of an egg, not as the parts of a building. Since by this analogy no one part is a foundation for the rest, pedagogical decisions may govern the choice of numerous, equally valid, presentations of Stoic ethics. Piering interprets the Cynic way of life as a distinctive philosophy. In their ethics, Cynics value neither pleasure nor tradition but personal liberty, which they achieve by self-suffi- ciency and display in speech that is frank to the point of insult. Plotinus and Neoplatonism: Gerson outlines the place of ordinary civic virtue as well as philosophically contemplative excellence in Neoplatonism. In doing so he attempts to show how one and the same good can be both action-guiding in human life and be the absolute simple One that grounds the explanation of everything in the universe. Delcomminette follows Plotinus’s path to the Good as the foundation of free will, first in the freedom of Intellect and then in the “more than freedom” of the One. Plotinus postulates these divinities as not outside but within each self, saving him from the contradiction of an external foundation for a truly free will. General Topics: Halbig discusses the thesis on the unity of virtues. He dis- tinguishes the thesis of the identity of virtues and the thesis of a reciprocity of virtues and argues that the various virtues form a unity (in terms of reciprocity) since virtues cannot bring about any bad action. Detel examines Plato’s and Aristotle’s conceptions of normativity : Plato and Aristotle (i) entertained hybrid theories of normativity by distinguishing functional, semantic and ethical normativity, (ii) located the ultimate source of normativity in standards of a good life, and thus (iii) took semantic normativity to be a derived form of normativity. Detel argues that hybrid theories of normativity are—from a mo- dern point of view—still promising. Ho ̈ffe defends the Ancient conception of an art of living against Modern objections. Whereas many Modern philosophers think that we have to replace Ancient eudaimonism by the idea of moral obligation (Pflicht), Ho ̈ffe argues that Eudaimonism and autonomy-based ethics can be reconciled and integrated into a comprehensive and promising theory of a good life, if we enrich the idea of autonomy by the central elements of Ancient eudaimonism. Some common themes: The topics in Chinese and Hindu ethics are perhaps more familiar to modern western sensibilities than Homeric and even Socratic. Anagnostopoulos, Brickhouse and Smith, Frede, Liske, Rudebusch, and Russell all consider in contrasting ways the role of moral character, apart from intellect, in ethics. Brickhouse / Smith, Hardy, and Rudebusch discuss the Socratic con- ception of moral knowledge. Brickhouse / Smith and Hardy retain the standard view of the so called Socratic Intellectualism. Shields and Gerson both consider the question whether there is a single genus of goodness, or if the term is a homonym. Bussanich, McPherran, Taylor, and Delcomminette all consider the relation between religion and ethics. Pfister, Piering, Delcomminette, and Liske all consider what sort of freedom is appropriate to human well-being. Halbig, Detel, and Ho ̈ffe propose interpretations of main themes of Ancient ethics. (shrink)

In this paper, I present a problem for regarding the reflective equilibrium and original position methods as consistent. I do not prove that there is an inconsistency, but there is a puzzle of how the two methods can be made consistent. The concern about inconsistency is because the former method allows for a kind of historical bias, as noted by T.H. Irwin, whereas the latter method seeks to guard against historical bias.

This is a handout identifying twenty objections that have been made to the reflective equilibrium method.

T.H. Irwin characterizes the reflective equilibrium procedure as one which should not involve ruthless surgery, in a metaphorical sense. I argue that many people will find avoiding this difficult, because they do not conceive or go in for subtle options.

In previous work, I have sought to show that the basic argument for epistemic relativism derives from the problem of the criterion that stems from ancient Pyrrhonian scepticism. Because epistemic relativism depends upon a sceptical strategy, it is possible to respond to relativism on the basis of an anti-sceptical strategy. I argue that the particularist response to scepticism proposed by Roderick Chisholm may be combined with a naturalistic and reliabilist conception of epistemic warrant as the basis for a satisfactory response (...) to epistemic relativism. In this paper, I outline this particularist response to relativism, and provide further commentary on the relationship between naturalism and particularism. In addition, I set the approach in contrast with reflective equilibrium approaches in epistemology. I also briefly explore the connection between the particularist response to relativism and G. E. Moore’s defense of an external world. (shrink)

Social scientists, political scientists and philosophers debate key concepts such as democracy, power and autonomy. Contested concepts like these pose questions: Are terms such as “democracy” hopelessly ambiguous? How can two theorists defend alternative accounts of democracy without talking past each other? How can we understand debates in which theorists disagree about what democracy is? This paper first discusses the popular strategy to answer these questions by appealing to Rawls’s distinction between concepts and conceptions. According to this approach, defenders of (...) rival conceptions of, e.g. justice can disagree without talking past each other because they share the concept of justice. It is argued that this idea is attractive but limited in application and that it fails to do justice to the dynamic and normative aspects of concept formation. Reflective equilibrium is then suggested as an alternative approach. It replaces the static contrast between a conceptual ‘core’ and competing conceptions by a dynamic perspective of concept formation as a partly normative undertaking: pre-theoretic language use and commitments can provide a shared starting point for developing alternative accounts which yield different concepts of, e.g. justice. This perspective provides a new understanding of how it is possible that different theorists defend rival accounts of, e.g. justice, without talking past each other. (shrink)

John Rawls recommends a reflective equilibrium method for evaluating which principles institutions should abide by. In this paper, I identify and challenge three assumptions that he makes.

I consider Timothy Williamson’s objection that we do not have any reason to regard reflective equilibrium as a philosophical method. I present what I think a Rawlsian advocate of the method would say, or could say.

The goal of this paper is to re-assess reflective equilibrium (“RE”). We ask whether there is a conception of RE that can be defended against the various objections that have been raised against RE in the literature. To answer this question, we provide a systematic overview of the main objections, and for each objection, we investigate why it looks plausible, on what standard or expectation it is based, how it can be answered and which features RE must have (...) to meet the objection. We find that there is a conception of RE that promises to withstand all objections. However, this conception has some features that may be unexpected: it aims at a justification that is tailored to understanding and it is neither tied to intuitions nor does it imply coherentism. We conclude by pointing out a cluster of questions we think RE theorists should pay more attention to. (shrink)

John Rawls’ “reflective equilibrium” ranges amongst the most popular conceptions in contemporary ethics when it comes to the basic methodological question of how to justify and trade off different normative positions and attitudes. Even where Rawls’ specific contractualist account is not adhered to, “reflective equilibrium” is readily adopted as the guiding idea of coherentist approaches, seeking moral justification not in a purely deductive or inductive manner, but in some balancing procedure that will eventually procure a stable (...) adjustment of relevant doctrines and standpoints. However, it appears that the widespread use of this idea has led to some considerable deviations from its meaning within Rawls’ original framework and to a critical loss of conceptual cogency as an ethico-hermeneutical tool. This contribution identifies three kinds of “balancing” constellations that are frequently, but inadequately brought forth under the heading of Rawlsian “reflective equilibrium”: (a) balancing theoretical accounts against intuitive convictions; (b) balancing general principles against particular judgements; (c) balancing opposite ethical conceptions or divergent moral statements, respectively. It is argued that each of these applications departs from Rawls’ original construction of “reflective equilibrium” and also deprives the idea of its reliability in clarifying and weighing moral stances. (shrink)

In Being Realistic About Reasons,T.M. Scanlon develops a non-naturalistic realist account of normative reasons. A crucial part of that account is Scanlon’s contention that there is no deep epistemological problem for non-naturalistic realists, and that the method of reflective equilibrium suffices to explain the possibility of normative knowledge. In this critical notice we argue that this is not so: on a realist picture, normative knowledge presupposes a significant correlation between distinct entities, namely between normative beliefs and normative facts. (...) This correlation calls for an explanation. We show that Scanlon does not have the resources to offer such an explanation. (shrink)

The method of reflective equilibrium starts with a set of initial judgments about some subject matter and refines that set to arrive at an improved philosophical worldview. However, the method faces two, trenchant objections. The Garbage-In, Garbage-Out Objection argues that reflective equilibrium fails because it has no principled reason to rely on some inputs to the method rather than others and putting garbage-in assures you of getting garbage-out. The Circularity Objection argues that reflective equilibrium (...) fails because it has no principled, non-circular way of sorting whatever is put into the method. The moves required to avoid both objections are instructive. Reflective equilibrium requires a meta-justification, and we offer one that appeals to the epistemic goods that underwrite a view known as phenomenal conservatism. Reflective equilibrium calls on us to start with what seems most likely to be true and to alter that collection of judgments in the ways that seem most likely to get us to the truth. Proceeding in this way is epistemically defensible and unavoidable. Hence, reflective equilibrium is not just good, it’s phenomenal. (shrink)

In this paper it is argued that functional role semantics can be saved from criticisms, such as those raised by Putnam and Fodor and Lepore, by indicating which beliefs and inferences are more constitutive in determining mental content. The Scylla is not to use vague expressions; the Charybdis is not to endorse the analytic/synthetic distinction. The core idea is to use reflective equilibrium as a strategy to pinpoint which are the beliefs and the inferences that constitute the content (...) of a mental state. The beliefs and the inferences that are constitutive are those that are in reflective equilibrium in the process of attributing mental states to others. (shrink)

In this paper, I present an objection to the reflective equilibrium method based on land purchases and trespassing. I then propose a solution, which involves a change to how we regard the method.

This article argues that, suitably modified, the method of reflective equilibrium is a plausible way of selecting moral principles. The appropriate conception of the method is wide and radical, admitting consideration of a full range of moral principles and arguments, and requiring the enquiring individual to consider others' views and undergo experiences that may offset any formative biases. The individual is not bound by his initial considered judgments, and may revise his view in any way whatsoever. It is (...) appropriate to describe the method as a balance between coherentism and fallibilist foundationalism. With these points in mind, various criticisms, including the claims that considered judgments are not initially credible and are shaped by prejudice, and that the method itself fails to determine principle selection, are challenged. (shrink)

Cornell realism (CR), a prominent meta-ethical position that has emerged since the last decades of the twentieth century, proposes a non-reductionist naturalistic account of moral properties and facts. This paper argues that the best version of CR’s chosen methodology for arriving at justified moral beliefs must be seen as a variant of reflective equilibrium. In comparison to the traditional versions, our proposal offers a ‘social’ reinterpretation of reflective equilibrium in delineating CR’s epistemology. We argue that it (...) satisfactorily accounts for objectivity and calls for the inclusion of the social nature of both moral and scientific inquiries. Emphasising the social dimension of their epistemological account also nudges debates in metaethics into incorporating the much-needed social dimension while dealing with questions of moral beliefs and facts that have been of CR’s concern. (shrink)

Which moral judgments should one pay attention to in building a moral philosophy? Thomas Kelly and Sarah McGrath object to John Rawls’s suggestion to not rely on judgments heavily bound up with one’s own interests. I propose a solution in response to the objection.

This paper responds to Thomas Kelly and Sarah McGrath’s worry that there can be evil reflective equilibrium. I propose that some of John Rawls’s restrictions on moral judgments we can enter into the procedure serve to protect against evil reflective equilibrium.

In this paper, I attempt to synthesize the two most influential contemporary ethical approaches that appeal to moral intuitions, viz., Rawlsian reflective equilibrium and Audi’s moderate intuitionism. This paper has two parts. First, building upon the work of Audi and Gaut, I provide a more detailed and nuanced account of how these two approaches are compatible. Second, I show how this novel synthesis can both (1) fully address the main objections to reflective equilibrium, viz., that it (...) provides neither necessary nor sufficient conditions for the justification of our moral beliefs and (2) help ethical intuitionism to deal with the fundamental problem of peer disagreement over our basic moral intuitions. In doing so, I sketch out a novel and attractive diachronic way of thinking about peer disagreement more generally. (shrink)

It seems that intuitions are indispensable in philosophical theorizing. Yet, there is evidence that our intuitions are heavily influenced by biases. This generates a puzzle: we must use our intuitions, but we seemingly cannot fully trust those very intuitions. In this paper, I develop a methodology for philosophical theorizing which attempts to avoid this puzzle. Specifically, I develop and defend a methodology that I call Extra-Wide Reflective Equilibrium. I argue that this method allows us to use intuitions, while (...) also providing a mechanism to check the influence of bias on our intuitions. In section I, defend the claim that intuitions are indispensable in philosophical theorizing. In section II, I outline recent arguments against the reliability of intuitions. In section III, I explain and defend my account of Extra-Wide Reflective Equilibrium. (shrink)

H.L.A. Hart objects to John Rawls’s liberty principle by drawing attention to how our legal system accepts the restriction of liberty to protect against other harms than liberty-deprivation, such as by laws against slander, libel, and publications which grossly infringe privacy. What is the solution for John Rawls, faced with this criticism? One solution is, by the reflective equilibrium method, to justify abandoning the judgment that these actions are immoral.

Are John Rawls’s most noticeable methodological contributions, reflective equilibrium and the original position, consistent with each other? I draw attention to a worry that they stand in inconsistent relationships to the claim that ought implies can: it can only be the case that we ought to do something if we can do it.

Statistical tests that detect and measure deviation from the Hardy-Weinberg equilibrium (HWE) have been devised but are limited when testing for deviation at multiallelic DNA loci is attempted. Here we present the full Bayesian significance test (FBST) for the HWE. This test depends neither on asymptotic results nor on the number of possible alleles for the particular locus being evaluated. The FBST is based on the computation of an evidence index in favor of the HWE hypothesis. A (...) great deal of forensic inference based on DNA evidence assumes that the HWE is valid for the genetic loci being used. We applied the FBST to genotypes obtained at several multiallelic short tandem repeat loci during routine parentage testing; the locus Penta E exemplifies those clearly in HWE while others such as D10S1214 and D19S253 do not appear to show this. (shrink)

Much forensic inference based upon DNA evidence is made assuming Hardy-Weinberg Equilibrium (HWE) for the genetic loci being used. Several statistical tests to detect and measure deviation from HWE have been devised, and their limitations become more obvious when testing for deviation within multiallelic DNA loci. The most popular methods-Chi-square and Likelihood-ratio tests-are based on asymptotic results and cannot guarantee a good performance in the presence of low frequency genotypes. Since the parameter space dimension increases at a quadratic rate (...) on the number of alleles, some authors suggest applying sequential methods, where the multiallelic case is reformulated as a sequence of “biallelic” tests. However, in this approach it is not obvious how to assess the general evidence of the original hypothesis; nor is it clear how to establish the significance level for its acceptance/rejection. In this work, we introduce a straightforward method for the multiallelic HWE test, which overcomes the aforementioned issues of sequential methods. The core theory for the proposed method is given by the Full Bayesian Significance Test (FBST), an intuitive Bayesian approach which does not assign positive probabilities to zero measure sets when testing sharp hypotheses. We compare FBST performance to Chi-square, Likelihood-ratio and Markov chain tests, in three numerical experiments. The results suggest that FBST is a robust and high performance method for the HWE test, even in the presence of several alleles and small sample sizes. (shrink)

A quick look at the concept of reflective equilibrium in philosophy.

We discuss the social-epistemic aspects of Catherine Elgin’s theory of reflective equilibrium and understanding and argue that it yields an argument for the view that a crucial social-epistemic function of epistemic authorities is to foster understanding in their communities. We explore the competences that enable epistemic authorities to fulfil this role and argue that among them is an epistemic virtue we call “epistemic empathy”.

In, “The Turing Triage Test”, published in Ethics and Information Technology, I described a hypothetical scenario, modelled on the famous Turing Test for machine intelligence, which might serve as means of testing whether or not machines had achieved the moral standing of people. In this paper, I: (1) explain why the Turing Triage Test is of vital interest in the context of contemporary debates about the ethics of AI; (2) address some issues that complexify the application of (...) this test; and, (3) in doing so, defend a way of thinking about the question of the moral standing of intelligent machines, which takes the idea of “seriousness” seriously. This last objective is, in fact, my primary one and is motivated by the sense that, to date, much of the “philosophy” of AI has suffered from a profound failure to properly distinguish between things that we can say and things that we can really mean. (shrink)

Practical equilibrium, like reflective equilibrium, is a way of deciding what to think about morality. It shares with reflective equilibrium the general thesis that there is some way in which a moral theory must, in order to be acceptable, answer to one’s moral intuitions, but it differs from reflective equilibrium in its specification of exactly how a moral theory must answer to one’s intuitions. Whereas reflective equilibrium focuses on a theory’s consistency (...) with those intuitions, practical equilibrium also gives weight to a theory’s approval of one’s having those intuitions. (shrink)

The purpose of this paper is to provide a detailed technical protocol analysis of chess masters' evaluative expertise, paying particular attention to the analysis of the structure of their memory process in evaluating foreseen possibilities in games of dynamic equilibrium. The paper has two purposes. First, to publish a results chapter from my DPhil thesis (in revised journal article form) attending to the measurement of foresight in chess masters' evaluation process, testing alternative theories of cognitive expertise in the domain (...) of chess; and second to provide a subset of the technical graphical analysis that corresponds to that measurement to preserve this protocol analysis for access in the academic domain for future studies of expert memory and foresight (e.g., Ericsson & Simon, 1993). The step-by-step protocol analysis consists of: (i) an introduction to foresight cognition as hypothesis testing, (ii) a theoretical review in the domain of chess masters' expertise according to the theoretical frameworks in that field purporting hypotheses relevant to chess masters' evaluative skill processes, and (iii) summary tables and non-parametric statistical analysis corroborating chunking theory frameworks of expert cognition (e.g., DeGroot, 1965; Newell & Simon, 1972; Gobet, 1998; Gobet et al., 2004), and refuting the alternative search-evaluation models (e.g., Holding & Reynolds, 1982). Moreover, the journal article espouses the preservation of the traditional protocol analysis method core to the field of expert cognition (DeGroot, 1969; Kotov, 1971). The full protocol analysis can be found in monograph form here on my SSRN profile in ‘The role of falsification in hypothesis testing’. It takes the form of a specialist population study (e.g., detailed case study work; Luria, 1987). Thus the outline consists of a short introduction, a theoretical methodological review discussing protocol analysis methods for specialist population studies in cognition (with particular attention to the preservation of protocol analysis methods for chess studies in cognition and expert memory/ with a fresh angle on the foresight process), and the full set of protocol analyses with corresponding problem behaviour graphs. A subset of the main results has been published elsewhere (e.g., Cowley & Byrne, 2004; Cowley 2006), receiving scientific and scientific journalistic acclaim (e.g., Nature Online News 2004). (shrink)

Interdisciplinary understanding requires integration of insights from different perspectives, yet it appears questionable whether disciplinary experts are well prepared for this. Indeed, psychological and cognitive scientific studies suggest that expertise can be disadvantageous because experts are often more biased than non-experts, for example, or fixed on certain approaches, and less flexible in novel situations or situations outside their domain of expertise. An explanation is that experts’ conscious and unconscious cognition and behavior depend upon their learning and acquisition of a set (...) of mental representations or knowledge structures. Compared to beginners in a field, experts have assembled a much larger set of representations that are also more complex, facilitating fast and adequate perception in responding to relevant situations. This article argues how metacognition should be employed in order to mitigate such disadvantages of expertise: By metacognitively monitoring and regulating their own cognitive processes and representations, experts can prepare themselves for interdisciplinary understanding. Interdisciplinary collaboration is further facilitated by team metacognition about the team, tasks, process, goals, and representations developed in the team. Drawing attention to the need for metacognition, the article explains how philosophical reflection on the assumptions involved in different disciplinary perspectives must also be considered in a process complementary to metacognition and not completely overlapping with it. (Disciplinary assumptions are here understood as determining and constraining how the complex mental representations of experts are chunked and structured.) The article concludes with a brief reflection on how the process of Reflective Equilibrium should be added to the processes of metacognition and philosophical reflection in order for experts involved in interdisciplinary collaboration to reach a justifiable and coherent form of interdisciplinary integration. An Appendix of “Prompts or Questions for Metacognition” that can elicit metacognitive knowledge, monitoring, or regulation in individuals or teams is included at the end of the article. (shrink)

Reflective equilibrium (RE) is often regarded as a powerful method in ethics, logic, and even philosophy in general. Despite this popularity, characterizations of the method have been fairly vague and unspecific so far. It thus may be doubted whether RE is more than a jumble of appealing but ultimately sketchy ideas that cannot be spelled out consistently. In this paper, we dispel such doubts by devising a formal model of RE. The model contains as components the agent’s commitments (...) and a theory that tries to systematize the commitments. It yields a precise picture of how the commitments and the theory are adjusted to each other. The model differentiates between equilibrium as a target state and the dynamic equilibration process. First solutions to the model, obtained by computer simulation, show that the method allows for consistent specification and that the model’s implications are plausible in view of expectations on RE. In particular, the mutual adjustment of commitments and theory can improve one’s commitments, as proponents of RE have suggested. We argue that our model is fruitful not only because it points to issues that need to be dealt with for a better understanding of RE, but also because it provides the means to address these issues. (shrink)

This thesis considers the notion of intergenerational justice. I consider intertemporal justice largely through the lens of John Rawls’s theory of justice. Nonetheless, Rawls incorrectly gives priority to the principle of reciprocity in his theory. I correct Rawls’s misunderstanding concerning reciprocity. I also discuss the often-overlooked importance of natural duties to Rawls’s theory. I add the condition of vulnerability to Rawls’s circumstances of justice. By making these changes I give priority to impartiality in Rawls’s theory, remove the difficulties created by (...) Rawls’s present-time-of-entry interpretation, remove the need for Rawls’s motivational assumption, and remove the chance-timing of a person’s birth as an arbitrary contingency and basis for bias in the decision-making of those behind the veil of ignorance. (shrink)

The present research extends previous functional accounts of counterfactual thinking by incorporating the notion of reflective and evaluative processing. Participants generated counterfactuals about their anagram performance, after which their persistence and performance on a second set of anagrams was measured. Evaluative processing of upward counterfactuals elicited a larger increase in persistence and better performance than did reflective processing of upward counterfactuals, whereas reflective processing of downward counterfactuals elicited a larger increase in persistence and better performance than did (...) evaluative processing of downward counterfactuals. Moreover, path analyses indicated that whereas the relationship between counterfactual thinking and persistence was accounted for by emotional responses following upward and downward counterfactual generation, the relationship between counterfactual thinking and performance was accounted for by enhanced persistence following reflective processing of downward counterfactuals, but was accounted for by both enhanced persistence and strategic thinking following evaluative processing of upward counterfactuals. (shrink)