This paper explores the role of generics in social cognition. First, we explore the nature and effects of the most common form of generics about social kinds. Second, we discuss the nature and effects of a less common but equally important form of generics about social kinds. Finally, we consider the implications of this discussion for how we ought to use language about the social world.

The U.S. election in November 2016 raised and amplified doubts about first-past-the-post (“plurality rule”) electoral systems. Arguments against plurality rule and for alternatives like preferential voting tend to be consequentialist: it is argued that systems like preferential voting produce different, better outcomes. After briefly noting why the consequentialist case against plurality rule is more complex and contentious than it first appears, I offer an expressive alternative: plurality rule produces actual or apparent dilemmas for voters in ways that are morally objectionable, (...) and avoidable under preferential voting systems. This expressive case against plurality rule is both simpler and more ecumenical than its consequentialist counterpart, and it provides strong reasons to prefer alternatives to plurality rule. Moreover, it suggests a distinct way of evaluating different alternatives like preferential voting. (shrink)

Majority rule is often regarded as an important democratic principle. But modern democracies divide voters into districts. So if the majority should rule, which majority should rule? Should it be the popular majority, or an electoral majority (i.e., either the majority of voters in the majority of districts, or the majority of voters in districts that contain the majority of the population)? I argue that majority rule requires rule by the popular majority. This view is not novel and may seem (...) obvious. But it is rarely defended, and often rejected. I defend it by arguing that this view about which majority should rule is best supported by the arguments for why the majority should rule, and best avoids the arbitrary and perverse verdicts of rule by electoral majorities. I close by considering the significant practical implications of the view. The Electoral College is often criticized on the basis that the winner of the popular vote doesn’t always win the election. But all district-based democracies have this feature, so all district-based democracies must be reformed if they are to satisfy the principle of majority rule. (shrink)

“X-Firsters” hold that there is some normative feature that is fundamental to all others (and, often, that there’s some normative feature that is the “mark of the normative”: all other normative properties have it, and are normative in virtue of having it). This view is taken as a starting point in the debate about which X is “on first.” Little has been said about whether or why we should be X-Firsters, or what we should think about normativity if we aren’t (...) X-Firsters. Hence the chapter’s two main goals. First, to provide a simple argument that one shouldn’t be an X-Firster about the normative domain, which starts with the observation that analogous views have dubious merits in analogous domains. Second, to offer an alternative view—taking normativity to be a determinable explained in terms of its determinates—that offers an interesting way to think about the structure and unity of normativity. (shrink)

The distinction between objective and subjective reasons plays an important role in both folk normative thought and many research programs in metaethics. But the relation between objective and subjective reasons is unclear. This paper explores problems related to the unity of objective and subjective reasons for actions and attitudes and then offers a novel objectivist account of subjective reasons.

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...

It is commonly said that some standards, such as morality, are ‘normatively authoritative’ in a way that other standards, such as etiquette, are not; standards like etiquette are said to be ‘not really normative’. Skeptics deny the very possibility of normative authority, and take claims like ‘etiquette is not really normative’ to be either empty or confused. I offer a different route to defeat skeptics about authority: instead of focusing on what makes standards like morality special, we should focus on (...) what makes standards like etiquette ‘not really normative’. I defend a fictionalist theory on which etiquette is ‘not really normative’ in roughly the same way that Sherlock is ‘not really a detective’, and show that fictionalism about some normative standards helps us explain the possibility of normative authority. (shrink)

A central debate in philosophy of race is between eliminativists and conservationists about what we ought do with ‘race’ talk. ‘Eliminativism’ is often defined such that it’s committed to holding that (a) ‘race’ is vacuous and races don’t exist, so (b) we should eliminate the term ‘race’ from our vocabulary. As a stipulative definition, that’s fine. But as an account of one of the main theoretical options in the debate, it’s a serious mistake. I offer three arguments for why eliminativism (...) should not be tethered to vacuity or error theory, and three arguments for why the view shouldn’t be understood in terms of eliminating the term ‘race’ from our vocabulary. Instead, I propose we understand the debate as concerning whether certain uses of ordinary race terms are typically wrong. This proposal is quite simple, and naturally suggested by the common gloss that eliminativism about ‘race’ is akin to a commonsensical view about 'witch' talk. But nonetheless, I argue that it offers a significant recharacterization of this core debate in philosophy of race. (shrink)

Well-being measurements are frequently used to support conclusions about a range of philosophically important issues. This is a problem, because we know too little about the intervals of the relevant scales. I argue that it is plausible that well-being measurements are non-linear, and that common beliefs that they are linear are not truth-tracking, so we are not justified in believing that well-being scales are linear. I then argue that this undermines common appeals to both hypothetical and actual well-being measurements; I (...) first focus on the philosophical literature on prioritarianism and then discuss Kahneman’s Peak-End Rule as a systematic bias. Finally, I discuss general implications for research on well-being, and suggest a better way of representing scales. (shrink)

Many commentators lament that American democracy is in crisis. It is becoming a system of minority rule, wherein a party with a minority of the nationwide vote can control the national government. Partisan gerrymandering in the House of Representatives fuels this crisis, as does the equal representation of small and large states in the Senate. But altering these features of the legislature would not end minority rule. Indeed, it has long been held that majority rule cannot be guaranteed within any (...) district system, as a minority of voters nationwide can be efficiently distributed such that a minority party wins a majority of districts by narrow margins. -/- This Article offers a way to save majority rule. Since the way a party can gain control of the legislature with a minority of the vote is to win a majority of districts by narrow margins of victory and lose a minority of districts by large margins of victory, the solution is to make margins matter. Hence, this Article proposes that we preserve electoral districts in which the candidate with the most votes wins, while making the weight of their vote in the legislature (a representative’s “legislative power”) a function of margins of victory. The first goal of this Article is to outline how this proposal, which I call “weighted voting by margin of victory” (WVMV), retains the democratic virtues of district systems while ending minority rule. This is the first basis for the democratic imperative to make margins matter. -/- There is, however, a second basis for that same imperative, which turns on the political equality of voters. The U.S. Supreme Court has long held that the democratic equality should be understood in terms of equal voting power (one person, one vote). But when margins of victory don’t matter, the power of a vote lies exclusively in its potential decisiveness. A vote that changes the margin of victory without changing the victor is “wasted”. But it is an electoral reality that votes in competitive districts are more likely to be decisive, and votes in uncompetitive districts are more likely to be wasted; as a result, candidates and parties are more responsive to some voters than others. So voters are not political equals. They do not have equal voting power, except in an empty formalistic sense. By contrast, WVMV gives votes a second type of power. The power of a vote is to potentially decide who wins and to actually change the legislative power of the victor. Each vote, in effect, transfers a unit of political power to a democratic representative. This “transference” power can be meaningfully equalized between voters. A voter in an uncompetitive district is far less likely to change who wins, but is equally able to change the margin of victory, such that their vote is no longer wasted. This gives candidates and parties a strong reason to be more equally responsive to all voters who can change the margins. Hence, there is a democratic imperative to make margins matter, in order to give voters a meaningfully equal form of voting power. -/- The final goal of this Article is to explain how we can implement WMVM in modern democracies, focusing on three particularly challenging cases: the U.S. Senate, the Parliament of the United Kingdom, and the U.S. House of Representatives. These cases are challenging for several reasons, the most pertinent of which turn on the ways we should understand margins of victory when electorates are of unequal sizes (as in the U.S. Senate) or are contested by more than two parties (as in the U.K.) or are conducted under different voting procedures (as in many districts in the U.S. House). I argue that WVMV should be considered feasible in such contexts, and hence offers a practical, rather than purely theoretical, alternative to the status quo. (shrink)

The last two decades have seen a surge of support for normative quietism: most notably, from Dworkin, Nagel, Parfit and Scanlon. Detractors like Enoch and McPherson object that quietism is incompatible with realism about normativity. The resulting debate has stagnated somewhat. In this paper I explore and defend a more promising way of developing that objection: I’ll argue that if normative quietism is true, we can create reasons out of thin air, so normative realists must reject normative quietism.

We argue that generic generalizations about racial groups are pernicious in what they communicate (both to members of that racial group and to members of other racial groups), and may be central to the construction of social categories like racial groups. We then consider how we should change and challenge uses of generic generalizations about racial groups.

I argue that existing objectivist accounts of subjective reasons face systematic problems with cases involving probability and possibility. I then offer a diagnosis of why objectivists face these problems, and recommend that objectivists seek to provide indirect analyses of subjective reasons.

The expressivist advances a view about how we explain the meaning of a fragment of language, such as claims about what we morally ought to do. Critics evaluate expressivism on those terms. This is a serious mistake. We don’t just use that fragment of language in isolation. We make claims about what we morally, legally, rationally, and prudentially ought to do. To account for this linguistic phenomenon, the expressivist owes us an account not just of each fragment of language, but (...) of how they weave together into a broader tapestry. I argue that expressivists face a dilemma in doing so: either they fail to explain the univocality of terms like 'ought', or they fail to explain when normative statements are and aren't inconsistent. (shrink)

Sarah McGrath argues that moral perception has an advantage over its rivals in its ability to explain ordinary moral knowledge. I disagree. After clarifying what the moral perceptualist is and is not committed to, I argue that rival views are both more numerous and more plausible than McGrath suggests: specifically, I argue that inferentialism can be defended against McGrath’s objections; if her arguments against inferentialism succeed, we should accept a different rival that she neglects, intuitionism; and, reductive epistemologists can appeal (...) to non-naturalist commitments to avoid McGrath’s counterexamples. (shrink)

What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements between these views precise, I show how linguistic (...) data militates against both rivals to the generic meaning view, and argue that this has significant implications for jurisprudence. (shrink)

If a reliable testifier tells you that a song is beautiful or that an act is wrong, do you thereby have a reason to approve of the painting and disapprove of the agent's action? Many insist that we don’t: normative testimony does not give us reasons for affective attitudes like approval. This answer is often treated as a datum in the literatures on moral and aesthetic testimony. I argue that once we correct for a common methodological mistake in these literatures, (...) the answer must be Yes. I then show why this matters for the broader discussion of the puzzle(s) posed by deference to moral and aesthetic testimony. (shrink)

Mandatory minimum sentencing provisions have been a feature of the U.S. justice system since 1790. But they have expanded considerably under the war on drugs, and their use has expanded considerably under the Trump Administration; some states are also poised to expand drug-related mandatory minimums further in efforts to fight the current opioid epidemic. In this paper I outline and evaluate three prominent arguments for and against the use of mandatory minimums in the war on drugs—they appeal, respectively, to proportionality, (...) consistency, and efficiency. I ultimately defend the view that the use of mandatory minimums in the war on drugs is unjust. -/- . (shrink)

Feminist bioethicists of a variety of persuasions discuss the 2013 case of Marlise Munoz, a pregnant woman whose medical care was in dispute after she became brain dead.

Mary Kate McGowan’s Just Words offers an interesting account of exercitives. On McGowan’s view, one of the things we do with words is change what’s permitted, and we do this ubiquitously, without any special authority or specific intention. McGowan’s account of exercitives is meant to identify a mechanism by which ordinary speech is harmful, and which justifies the regulation of such speech. It is here that I part ways. I make three main arguments. First, McGowan’s focus on harm is misguided; (...) that ordinary speech is harmful is harder to support, and in turn does not less to support conclusions about whether it is wrong and warrants regulation, than Just Words suggests. Second, if the speech is harmful, McGowan’s account of exercitives is ill-suited to explain why; the relevant instances of ordinary speech seem to express speakers’ views about moral norms, not change social norms. Third, McGowan’s argument for why ordinary speech should be regulated because it is a form of discrimination presupposes a great deal that is controversial about what makes discrimination wrong and legally actionable, and even if it is right it may license the regulation of more speech than many, including McGowan, would deem acceptable. (shrink)

We live in a world saturated in both racial and gendered divisions. Our focus is on one place where attitudes about these divisions diverge: language. We suspect most everyone would be horrified at the idea of adding race-specific pronouns, honorifics, generic terms, and so on to English. And yet gender-specific terms of the same sort are widely accepted and endorsed. We think this asymmetry cannot withstand scrutiny. We provide three considerations against incorporating additional race-specific terms into English, and argue that (...) these considerations also support eliminating the analogous gender-specific terms. With respect to these parts of speech, English should be no more gender-specific than it already is race-specific. (shrink)

In this paper, we defend two main claims. The first is a moderate claim: we have a negative duty to not use binary gender-specific pronouns he or she to refer to genderqueer individuals. We defend this with an argument by analogy. It was gravely wrong for Mark Latham to refer to Catherine McGregor, a transgender woman, using the pronoun he; we argue that such cases of misgendering are morally analogous to referring to Angel Haze, who identifies as genderqueer, as he (...) or she. The second is a radical claim: we have a negative duty to not use any gender-specific pronouns to refer to anyone, regardless of their gender identity. We offer three arguments in favor of this claim (which appeal to concerns about inegalitarianism and risk, invasions of privacy, and reinforcing essentialist ideologies). We also show why the radical claim is compatible with the moderate claim. Before concluding, we examine common concerns about incorporating either they or a neologism such as ze as a third-person singular gender-neutral pronoun. These concerns, we argue, do not provide sufficient reason to reject either the moderate or radical claim. (shrink)

This Element offers the first detailed study of Catharine Trotter Cockburn's philosophy and covers her contributions to philosophical debates in epistemology, metaphysics, moral philosophy, and philosophy of religion. It examines not only Cockburn's view that sensation and reflection are the sources of knowledge, but also how she draws attention to the limitations of human understanding and how she approaches metaphysical debates through this lens. In the area of moral philosophy, this Element argues that it is helpful to take seriously Cockburn's (...) distinction between questions concerning the metaphysical foundation of morality and questions concerning the practice of morality. Moreover, this Element examines Cockburn's religious views and considers her understanding of the relation between morality and religion and her religious views concerning the resurrection and the afterlife. (shrink)

Pronouns often convey information about a person’s social identity (e.g., gender). Consequently, pronouns have become a focal point in academic and public debates about whether pronouns should be changed to be more inclusive, such as for people whose identities do not fit current pronoun conventions (e.g., gender non-binary individuals). Here, we make an empirical contribution to these debates by investigating which social identities lay speakers think that pronouns should encode and why. Across four studies, participants were asked to evaluate different (...) types of real and hypothetical pronouns, including binary gender pronouns, race pronouns, and identity-neutral pronouns. We sampled participants from two languages with different pronoun systems: English (N = 1,120) and Turkish (N = 260). English pronouns commonly denote binary gender (e.g., he for men), whereas Turkish pronouns are identity-neutral (e.g., o for anyone). Participants’ reasoning about pronouns reflected both a familiarity preference (i.e., participants preferred the pronoun type used in their language) and—critically—participants’ social ideologies. In both language contexts, participants’ ideological beliefs that social groups are inherently distinct (essentialism) and should be hierarchal (social dominance orientation) predicted relatively greater endorsement of binary gender pronouns and race pronouns. A preregistered experimental study with an English-speaking sample showed that the relationship between ideology and pronoun endorsement is causal: Ideologies shape attitudes toward pronouns. Together, the present research contributes to linguistic and psychological theories concerning how people reason about language and informs policy-relevant questions about whether and how to implement language changes for social purposes. (shrink)

El éxodo de más de 5,6 millones de venezolanos representa un fenómeno migratorio con múltiples facetas, cada una merecedora de atento análisis y profundización. Ante la dimensión del movimiento de millones de seres humanos, se corre el riesgo de subestimar tragedias que ocurren dentro del drama migratorio. Una de ellas, es el exilio de científicos y académicos. Bajo esta perspectiva, la investigación tiene como objetivo general mostrar la banalización frente al riesgo de pérdida de talento y avance científico de países (...) en vías de desarrollo. Tomamos como objeto de estudio el caso de la Diáspora Científica Venezolana. Se abordan de forma multidisciplinar tres ejes temáticos: 1) Causas y consecuencias de la Ciencia en Riesgo, 2) Instrumentalización de la Ciencia en Riesgo y 3) Efectividad de programas dirigidos a científicos en riesgo. El primer eje temático, está fundamentado en analizar las causas y consecuencias de la Diáspora científica venezolana, centrándonos en los estudios realizados, desde el ámbito sociológico, de Iván de la Vega, Francisco Kerdel-Vegas y Tomás Páez. El segundo eje establece, desde el marco filosófico habermasiano-marcusiano, la conveniente preservación del statu quo de la Ciencia en riesgo, a través de instrumentalización y unidimensionalidad del quehacer científico en países en vías de desarrollo por parte de programas internacionales financiados por organismos privados y gubernamentales. El tercer y último enfoque tiene como punto de partida la situación actual de la diáspora científica y la exposición de soluciones eficaces que rompan la inercia presente, enmarcando las ideas dentro de la actual crisis de la posmodernidad. Palabras Claves: diáspora venezolana, instrumentalización, ciencia, riesgo. (shrink)

What makes a choice hard? I discuss and criticize three common answers and then make a proposal of my own. Paradigmatic hard choices are not hard because of our ignorance, the incommensurability of values, or the incomparability of the alternatives. They are hard because the alternatives are on a par; they are comparable, but one is not better than the other, and yet nor are they equally good. So understood, hard choices open up a new way of thinking about what (...) it is to be a rational agent. (shrink)

Can quite different values be rationally weighed against one another? Can the value of one thing always be ranked as greater than, equal to, or less than the value of something else? If the answer to these questions is no, then in what areas do we find commensurability and comparability unavailable? And what are the implications for moral and legal decision making? This book struggles with these questions, and arrives at distinctly different answers.".

In this article, I identify and critically examine 3 dogmas of normativity that support a commonly accepted ‘Passivist View' of rational agency. I raise some questions about these dogmas, suggest what we should believe in their place, and moot an alternative ‘Activist View' of what it is to be a rational agent that grows out of rejection of the 3 dogmas. Underwriting the dogmas and the Passivist View, I suggest, is a deeply held but mistaken assumption that the normative domain (...) is fundamentally akin to the nonnormative domain. Once we allow that the normative may be fundamentally unlike the nonnormative in certain key ways, a shift in our thinking about what it is to be rational becomes possible. I end by considering some implications of this paradigm shift in rationality from the passive to the active for various applied matters. (shrink)

In virtue of what is something a reason for action? That is, what makes a consideration a reason to act? This is a metaphysical or meta-normative question about the grounding of reasons for action. The answer to the grounding question has been traditionally given in ‘pure’, univocal terms. This paper argues that there is good reason to understand the ground of practical normativity as a hybrid of traditional ‘pure’ views. The paper 1) surveys the three leading ‘pure’ answers to the (...) question of a normative ground, 2) examines one or two of the most difficult problems for each, proposing along the way a new objection to one, and 3) argues that a particular hybrid view about normative grounds –‘hybrid voluntarism’ – avoids each of the main problems faced by the three leading ‘pure’ views. (shrink)

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

Recently, some of the leading proponents of the view that there is widespread incommensurability among goods have suggested that the incommensurability of some goods is a constitutive feature of the goods themselves. So, for example, a friendship and a million dollars are incommensurable because it is part of what it is to be a friendship that it be incommensurable with money. According to these ‘constitutive incommensurabilists’ incommensurability follows from the very nature of certain goods. In this paper, I examine this (...) idea and argue that constitutive incommensurabilists have mistaken for constitutive incommensurability a particular emphatic kind of comparability. This examination involves an account of ‘higher’ and ‘lower’ goods and an explanation of how goods of different ‘types’ figure in practical conflict. (shrink)

Spanish Translation of "He/She/They/Ze" (Ergo, 2018).

This paper takes a new look at Francis Hutcheson's moral sense theory and examines it in light of the views of his rationalist critics and opponents who claim that there has to be an antecedent moral standard prior to any sense or affections. I examine how Gilbert Burnet, Samuel Clarke, and Catharine Trotter Cockburn each argue for the priority of reason over a moral sense and how Hutcheson responds or could respond to their views. Furthermore, I consider the proposal that (...) rather than regarding Hutcheson's moral sense theory as fundamentally opposed to moral rationalism, Hutcheson and Clarke endorse a shared moral metaphysics, as argued by Patricia Sheridan. Although I consider this proposal as too broad and believe it overlooks relevant metaphysical differences between Clarke and Hutcheson, I argue that the dispute between Hutcheson and his critics and opponents will not be settled without taking their underlying moral metaphysics into consideration. (shrink)

This chapter argues that there is a particular kind of ‘internal’ commitment typically made in the context of romantic love relationships that has striking meta-normative implications for how we understand the role of the will in practical normativity. Internal commitments cannot plausibly explain the reasons we have in committed relationships on the usual model—as triggering reasons that are already there, in the way that making a promise triggers a reason via a pre-existing norm of the form ‘If you make a (...) promise to x, then you have a reason to x’. Instead, internal commitments are that in virtue of which one has the special reasons of committed relationships; they are the grounds of such reasons. In this way, the will is a source of practical normativity. (shrink)

This paper argues for the existence of a fourth positive generic value relation that can hold between two items beyond ‘better than’, ‘worse than’, and ‘equally good’: namely ‘on a par’.

Our concern in this paper lies with a common argument from racial discrimination to realism about races: some people are discriminated against for being members of a particular race (i.e., racial discrimination exists), so some people must be members of that race (i.e., races exist). Error theorists have long responded that we can explain racial discrimination in terms of racial attitudes alone, so we need not explain it in terms of race itself. But to date there has been little detailed (...) discussion of whether it is better to explain racial discrimination in terms of race or in terms of racial attitudes alone. Our goal is to offer a novel and detailed argument in defense of explaining racial discrimination in terms of racial attitudes alone, by attending to the neglected phenomenon of misperception discrimination, which involves differential treatment due to misperceived race. We argue that the discriminatory action in misperception cases must be explained in the same way as cases where (according to the realist) the victim’s race is accurately perceived. Thus, the victim’s actual race cannot provide the best explanation. The main upshot of our argument is that explanatory arguments from racial discrimination to realism about race fail. (shrink)

This article explores the main similarities and differences between Derek Parfit’s notion of imprecise comparability and a related notion I have proposed of parity. I argue that the main difference between imprecise comparability and parity can be understood by reference to ‘the standard view’. The standard view claims that 1) differences between cardinally ranked items can always be measured by a scale of units of the relevant value, and 2) all rankings proceed in terms of the trichotomy of ‘better than’, (...) ‘worse than’, and ‘equally good’. Imprecise comparability, which can be understood in terms of the more familiar notions of cardinality and incommensurability, rejects only the first claim while parity rejects both claims of the standard view. -/- I then argue that insofar as those attracted to imprecise comparability assume that all rankings are trichotomous, as Parfit appears to, the view should be rejected. This is because imprecise equality is not a form of equality but is a sui generis ‘fourth’ basic way in which items can be ranked. We should, I argue, understand imprecise equality as parity, and imprecise comparability as entailing ‘tetrachotomy’ – that if two items are comparable, one must better than, worse than, equal to, or on a par with the other. Thus those attracted to the idea that cardinality can be imprecise should abandon trichotomy and accept parity and tetrachotomy instead. -/- Finally, I illustrate the difference between Parfit’s trichotomous notion of imprecise comparability and parity by examining how each notion might be employed in different solutions to the problem posed by the Repugnant Conclusion in population ethics. I suggest that parity provides the arguably more ecumenical solution to the problem. (shrink)

This paper is the introduction to the volume. It gives an argumentative view of the philosophical landscape concerning incommensurability and incomparability. It argues that incomparability, not incommensurability, is the important phenomenon on which philosophers should be focusing and that the arguments for the existence of incomparability are so far not compelling.

This essay examines Locke’s chapter “Of Identity and Diversity” (Essay 2.27) in the context of the series of chapters on ideas of relations (Essay 2.25–28) that precede and follow it. I begin by introducing Locke’s account of how we acquire ideas of relations. Next, I consider Locke’s general approach to individuation and identity over time before I show how he applies his general account of identity over time to persons and personal identity. I draw attention to Locke’s claim that “person” (...) is a forensic term and analyse his arguments for why the sameness of a human being and the sameness of a substance or soul are neither necessary nor sufficient for personal identity. Instead, Locke argues that personal identity consists in sameness of consciousness. Locke regards persons as moral agents who are accountable for their actions. If a person now is held accountable for a past action it is important that the person now is the same person as the person who did the action. This means that moral accountability presupposes personal identity. Additionally, it will be important to consider whether the person deserves reward or punishment for the action. Locke’s account of moral relations, which he develops in Essay 2.28, addresses this issue and I show how it supplements his account of persons and personal identity. (shrink)

The legal reasons that bind a judge and the moral reasons that bind all persons can sometimes pull in different directions. There is perhaps no starker example of such judicial dilemmas than in criminal sentencing. Particularly where mandatory minimum sentences are triggered, a judge can be forced to impose sentences that even the judge regards as “immensely cruel, if not barbaric.” Beyond those directly harmed by overly harsh laws, some courts have recognized that “judges who, forced to participate in such (...) inhumane acts, suffer a loss of dignity and humanity as well.” When faced with such a judicial dilemma—a powerful tension between the judge’s legal and moral reasons—the primary question is what a judge can do to resolve it. We argue that the two standard responses—sacrificing morality to respect the law (“legalism”), or sacrificing the law to respect morality (“moralism”)—are unsatisfying. Instead, this Article defends an underexplored third response: rather than abandoning one ideal to maximally promote the other, we argue that judges should seek to at least minimally satisfy the demands of both. Judges should, in other words, look for and employ what we dub Satisficing Options. These are actions that enjoy sufficient support from both the legal reasons and the moral reasons, and thus are both legally and morally permissible—even if the acts in question would not strictly count as optimal by the lights of the law or morality. This common sensical response to the problem is not only underappreciated in the literature, but also has great practical import. Focusing on the sentencing context, this Article demonstrates that judicial dilemmas can be systematically resolved, mitigated or avoided through a range of concrete strategies that on their own or in conjunction can constitute Satisficing Options: these strategies include seeking out legally permitted but morally preferable interpretations of the law, expressing condemnation of unjust laws in dicta, and seeking assistance or cooperation from other actors to help defendants facing substantively unjust mandatory sentences. While these strategies can at times also go too far, we argue that in certain contexts they can be sufficiently defensible on both legal and moral grounds to be a justifiable response to judicial dilemmas. This Article thus provides both a novel theoretical framework for understanding the justification of judicial responses to unjust laws, as well as a practical a menu of options which judges can use to guide their responses to the judicial dilemmas that they are increasingly likely to encounter within our criminal justice system. (shrink)

This introductory article describes the phenomena of incommensurability and incomparability, how they are related, and why they are important. Since incomparability is the more significant phenomenon, the paper takes that as its focus. It gives a detailed account of what incomparability is, investigates the relation between the incomparability of values and the incomparability of alternatives for choice, distinguishes incomparability from the related phenomena of parity, indeterminacy, and noncomparability, and, finally, defends a view about practical justification that vindicates the importance of (...) incomparability — assuming it exists — for practical reason. (shrink)

The aim of this paper is to show that Shaftesbury’s thinking about liberty is best understood in terms of self-mastery. To examine his understanding of liberty, I turn to a painting that he commissioned on the ancient theme of the choice of Hercules and the notes that he prepared for the artist. Questions of human choice are also present in the so-called story of an amour, which addresses the difficulties of controlling human passions. Jaffro distinguishes three notions of self-control that (...) are present in the story of an amour. Although I agree with many aspects of Jaffro’s interpretation, I question his conclusion that self- control in the Stoic sense is best reserved for ‘moral heroes.’ I propose an alternative developmental interpretation, according to which all human beings are on an intellectual journey aimed at personal and moral improvement. My interpretation takes seriously that for Shaftesbury philosophy is meant to be practical and help improve our lives. I end by arguing that rather than trying to situate Shaftesbury’s concept of liberty within debates among compatibilists and incompatibilists it is more promising to understand it in terms of self- mastery and thus regard it as a version of positive liberty. (shrink)

This paper proposes a way to understand transformative choices, choices that change ‘who you are.’ First, it distinguishes two broad models of transformative choice: 1) ‘event-based’ transformative choices in which some event—perhaps an experience—downstream from a choice transforms you, and 2) ‘choice-based’ transformative choices in which the choice itself—and not something downstream from the choice—transforms you. Transformative choices are of interest primarily because they purport to pose a challenge to standard approaches to rational choice. An examination of the event-based transformative (...) choices of L. A. Paul and Edna Ullman-Margalit, however, suggests that event-based transformative choices don’t raise any difficulties for standard approaches to rational choice. An account of choice-based transformative choices—and what it is to be transformed—is then proposed. Transformative choices so understood not only capture paradigmatic cases of transformative choice but also point the way to a different way of thinking about rational choice and agency. (shrink)

This paper presents an argument against the widespread view that ‘hard choices’ are hard because of the incomparability of the alternatives. The argument has two parts. First, I argue that any plausible theory of practical reason must be ‘comparativist’ in form, that is, it must hold that a comparative relation between the alternatives with respect to what matters in the choice determines a justified choice in that situation. If comparativist views of practical reason are correct, however, the incomparabilist view of (...) hard choices should be rejected. Incomparabilism about hard choices leads us to an implausible error theory about the phenomenology of hard choices, threatens an unattractive view of human agency, and leaves us in perplexity about what we are doing when we choose in hard choices. The second part of the argument explores the main competitor to comparativist views of practical reason, noncomparativist view, according tow which a choice is justified so long as it is not worse than any of the alternatives. This view is often assumed by rational choice theorists but has its best philosophical defense in work by Joseph Raz. On Raz’s view, incomparabilism about hard choices avoids the problems faced if comparativism is correct, but it faces different difficulties. I argue that Raz’s noncomparativist view mistakenly assimilates practical reason to more restricted normative domains such as the law. (shrink)

What sorts of consideration can be normative reasons for action? If we systematize the wide variety of considerations that can be cited as normative reasons, do we find that there is a single kind of consideration that can always be a reason? Desire-based theorists think that the fact that you want something or would want it under certain evaluatively neutral conditions can always be your normative reason for action. Value-based theorists, by contrast, think that what plays that role are evaluative (...) facts (or the facts that subvene them) about what you want, such as the fact that having it would be good in some way. This paper argues that value-based theorists are wrong; if we try to find a single kind of consideration that can always be normative reason, we find that sometimes our reason is the fact that we want something and not any corresponding evaluative fact. (shrink)

Heidegger argues that modern technology is quantifiably different from all earlier periods because of a shift in ethos from in situ craftwork to globalised production and storage at the behest of consumerism. He argues that this shift in technology has fundamentally shaped our epistemology, and it is almost impossible to comprehend anything outside the technological enframing of knowledge. The exception is when something breaks down, and the fault ‘shows up’ in fresh ways. Stiegler has several important addendums to Heidegger’s thesis. (...) Firstly, that Heidegger fails to fully appreciate the early Greek myth of Prometheus, and the technological depth that fire offers all human societies. Secondly, the fall, or failure, which is doubled in the myth of Prometheus, and shows up in epistemology accordingly. Thirdly the acceleration of technology since the onset of Information Technology, and the way this is disorientating our Being. I argue the fall in both Heidegger and early Stiegler has encaptured their imagination. In later work, Stiegler argues that acceleration is fused with algorithmic pretensions, that are distorting and undermining the creative political imaginary, and making it difficult to revalue the values that underpin the nihilist Anthropocene. The overcoming of the Anthropocene engages politics, economics, power, physics, and ecology. (shrink)

According to Locke, appropriation is a precondition for moral responsibility and thus we can expect that it plays a distinctive role in his theory. Yet it is rare to find an interpretation of Locke’s account of appropriation that does not associate it with serious problems. To make room for a more satisfying understanding of Locke’s account of appropriation we have to analyse why it was so widely misunderstood. The aim of this paper is fourfold: First, I will show that Mackie’s (...) and Winkler’s interpretations that have shaped the subsequent discussion contain serious flaws. Second, I will argue that the so-called appropriation interpretation —that is the view that appropriation is meant to provide alternative persistence conditions for persons—lacks support. Third, I will re-examine Locke’s texts and argue that we can come to a better understanding of his notion of appropriation in the Essay if we interpret it in analogy to his account of appropriation in Two Treatises. Fourth, I will offer a more fine-grained interpretation of the role of appropriation in relation to persistence conditions for persons. I conclude by showing that the advantage of this proposal is that it reconciles interpretations that have commonly been thought to be inconsistent. (shrink)

This encyclopedia entry urges what it takes to be correctives to common (mis)understandings concerning the phenomenon of incommensurability and incomparability and briefly outlines some of their philosophical upshots.

John Locke accepts that every perception gives me immediate and intuitive knowledge of my own existence. However, this knowledge is limited to the present moment when I have the perception. If I want to understand the necessary and sufficient conditions of my continued existence over time, Locke argues that it is important to clarify what ‘I’ refers to. While we often do not distinguish the concept of a person from that of a human being in ordinary language, Locke emphasizes that (...) this distinction is important if we want to engage with questions of identity over time. According to Locke, persons are thinking intelligent beings who can consider themselves as extended into the past and future and who are concerned for their happiness and accountable for their actions. Moreover, for Locke a self is a person, considered from a first-personal point of view. I show that the concept of self that he develops in the context of his discussion of persons and personal identity is richer and more complex than the I-concept that he invokes in his version of the cogito. I further argue that Locke’s moral and religious views explain why he emphasizes the need for a conceptual distinction between persons and human beings. In the final section I turn to the reception of Locke’s view by some of his early critics and defenders, including Elizabeth Berkeley Burnet, an anonymous author, and Catharine Trotter Cockburn. (shrink)

My chapter examines Isaac Watts’s and Catharine Trotter Cockburn’s views concerning the metaphysics of the mind and their underlying accounts of powers and substances. In Philosophical Essays on Various Subjects Watts criticizes Locke’s account of substances and argues for his own preferred account of substance. Watts argues that there is no need to postulate an unknown substratum, as Locke does. Instead, Watts searches for a better explanation of what substances are. His proposal is that bodily substance just is solid extension (...) and that mental substance is identical with the power of thinking. This means that Watts believes that some powers can be substances. I will show how Watts defends his account of substances against various objections. Cockburn was not satisfied by Watts’s account of substance and disagrees with Watts’s understanding of powers. She believes that Watts is too quick to draw metaphysical conclusions. Cockburn takes seriously the limitations of human understanding and emphasizes that humans are ignorant about many metaphysical truths. I end by assessing the strengths and weaknesses of Watts’s and Cockburn’s accounts of powers and substances. (shrink)