What is the fundamental purpose that justifies the existence of the modern university? The answer proposed in this essay is the promotion of social freedom. The essay begins by distinguishing social freedom from negative freedom and reflective freedom along the lines proposed by other theorists of social freedom, such as Frederick Neuhouser and Axel Honneth. After noting the need for a more developed account of the university than has so far been provided by these other theorists, the essay analyses the (...) various dimensions in which universities have, at their best, promoted social freedom. The essay then explains why it is through the promotion of social, as distinct from negative or reflective freedom, that universities fulfil their purpose. It concludes with some reflections on how this understanding of the purpose of the university fits an “immanent” model of social criticism. (shrink)

To hold an environmental ethic is to hold that non-human beings and states of affairs in the natural world have intrinsic value. This seemingly straightforward claim has been the focus of much recent philosophical discussion of environmental issues. Its clarity is, however, illusory. The term ‘intrinsic value’ has a variety of senses and many arguments on environmental ethics suffer from a conflation of these different senses: specimen hunters for the fallacy of equivocation will find rich pickings in the area. This (...) paper is largely the work of the underlabourer. I distinguish different senses of the concept of intrinsic value, and, relatedly, of the claim that non-human beings in the natural world have intrinsic value; I exhibit the logical relations between these claims and examine the distinct motivations for holding them. The paper is not however merely an exercise in conceptual underlabouring. It also defends one substantive thesis: that while it is the case that natural entities have intrinsic value in the strongest sense of the term, i.e., in the sense of value that exists independently of human valuations, such value does not as such entail any obligations on the part of human beings. The defender of nature’s intrinsic value still needs to show that such value contributes to the well-being of human agents. (shrink)

This paper addresses ways of arguing fors ome form of economic democracy from within a broadly Rawlsian framework. Firstly, one can argue that a right to participate in economic decision-making should be added to the Rawlsian list of basic liberties, protected by the first principle of justice. Secondly,I argue that a society which institutes forms of economic democracy will be more likely to preserve a stable and just basic structure over time, by virtue of the effects of economic democratization on (...) the development of an active, democratic character among citizens. Thirdly, I argue that a proper understanding of the demands of the difference principle shows that justice demands more than ex post redistribution, but also requires the ex ante redistribution of power and authority in economic life. This connects to Rawls’s discussion of the badness of inequality, and to his endorsement of a “property-owning democracy”. -/- My conclusion is that, even if we may doubt the success of this first Rawlsian argument,the second and third arguments are both successful, and together establish a strong Rawlsian case forseeing economic democratization as a requirement of justice. (shrink)

If pursued with serious intent, Pre-distribution has the capacity to create an exciting and radical new agenda for social democracy. But the politics of Pre-distribution cannot be innocuous or uncontroversial. -/- In its more radical forms, predistribution is a potentially radical and inspiring project for social democrats who have come to see the limitations of the old ways of doing things. It’s a project that promises a strategy to deliver abundantly on values of social justice, economic freedom, and equality of (...) opportunity. But it’s a project that involves going head-to-head with entrenched interests, breaking up existing concentrations of wealth and economic power. The politics of Pre-distribution, if taken seriously, simply cannot be a politics without enemies. Labour must decide whether its engagement with pre-distribution is to be limited to tinkering at the edges of neoliberalism, or whether it will instead fully embrace the opportunities of the present moment, decide to be radical, and realise the full promise of the politics of predistribution. -/- . (shrink)

The focus of this article is on the place of the limited-liability joint stock corporation in a satisfactory account of social justice and, more specifically, the question of how such corporations should be regulated and taxed in order to secure social justice. -/- Most discussion in liberal political philosophy looks at state institutions, on the one hand, and individuals, on the other hand, without giving much attention to intermediate institutions such as corporations. This is in part a consequence of a (...) certain degree of idealization in terms of the background model of society with which such theories operate. Intermediate institutions are in an important sense optional or discretionary, and one would be hampering an account of justice if it built-in from the start particular kinds of institutions which we could imagine doing without. The only non-state institution that has received adequate attention in political philosophy is the nuclear family, in part because of its pervasiveness and resilience. But the corporation is probably second only to the family in its significance, in terms of its effects on the lives of individuals, and yet has been left without adequate attention. (shrink)

This chapter examines the possibility of using AI technologies to improve human moral reasoning and decision-making, especially in the context of purchasing and consumer decisions. We characterize such AI technologies as artificial ethics assistants (AEAs). We focus on just one part of the AI-aided moral improvement question: the case of the individual who wants to improve their morality, where what constitutes an improvement is evaluated by the individual’s own values. We distinguish three broad areas in which an individual might think (...) their own moral reasoning and decision-making could be improved: one’s actions, character, or other evaluable attributes fall short of one’s values and moral beliefs; one sometimes misjudges or is uncertain about what the right thing to do is in particular situations, given one’s values; one is uncertain about some fundamental moral questions or recognizes a possibility that some of one’s core moral beliefs and values are mistaken. We sketch why one might think that AI tools could be used to support moral improvement in those areas, and describe two types of assistance: preparatory assistance, including advice and training supplied in advance of moral deliberation; and on-the-spot assistance, including on-the-spot advice and facilitation of moral functioning over the course of moral deliberation. Then, we turn to some of the ethical issues that AEAs might raise, looking in particular at three under-appreciated problems posed by the use of AI for moral self-improvement: namely, reliance on sensitive moral data; the inescapability of outside influences on AEAs; and AEA usage prompting the user to adopt beliefs and make decisions without adequate reasons. (shrink)

John Rawls is arguably the most important political philosopher of the past century. His theory of justice has set the agenda for debate in mainstream political philosophy for the past forty years, and has had an important influence in economics, law, sociology, and other disciplines. However, despite the importance and popularity of Rawls's work, there is no clear picture of what a society that met Rawls's principles of justice would actually look like. This article sets out to explore that question.

This article addresses two areas of continuing controversy about consent in clinical research: the question of when consent to low risk research is necessary, and the question of when consent to research is valid. The article identifies a number of considerations relevant to determining whether consent is necessary, chief of which is whether the study would involve subjects in ways that would (otherwise) infringe their rights. When consent is necessary, there is a further question of under what conditions consent is (...) valid or successful in waiving a right. The most influential account of validity conditions is non-moralized, in the sense that the conditions make no essential reference to whether the researcher soliciting consent has obtained it in a way that wrongs the subject. The article examines the implications of this account, and compares it with recent accounts that moralize some of the validity conditions. -/- . (shrink)

This paper, as a response to Mark K. Spencer’s, “Perceiving the Image of God in the Whole Human Person” in the present volume, argues in defence of Aquinas’s position that the Imago Dei is limited in the human being to the rational, intellective soul alone. While the author agrees with Spencer that the hierarchical relation between body and soul in the human composite must be maintained while avoiding the various permeations of dualism, nevertheless, the Imago Dei cannot be located in (...) the human body or the principle of the body considered within the body/soul composite without betraying a number of fundamental Thomistic metaphysical principles. Essential to these includes Aquinas’s position that an image of God should image not only the Divine Nature, but also the Trinitarian relations between the Divine Persons. Further, the paper also argues that a phenomenology of sense experience could not, on principle, attain to an image of God in the whole human person within a Thomistic framework generally. (shrink)

In this paper, I first discuss Augustine’s description of time and relate this to Boethius’ explanation of the distinction between time and eternity. I then connect this distinction to Augustine’s understanding of memory as an image of eternity, showing that the analogy between God and the human with reference to time involves a comparison not between eternity and time, but rather, between eternity and a limited experience of eternity within the mind and its distension: time is not the image of (...) eternity, the human mind is, particularly its power of memory (memoria). The accounts of time and eternity of both thinkers provide further evidence for Augustine’s influence on and importance for the thought of Boethius. Both figures describe the past and future as united in the present under the divine purview of God. (shrink)

The future state of the redeemed human being in heaven is difficult, if not impossible, to pin down in this life. Nevertheless, Augustine and Anselm speculate on the heavenly life of the human being, proceeding from certain theological premises gathered from Scripture, and their arguments often both mirror and complement one another. Because Anselm and Augustine hold the premise that human beings in heaven are “equal to the angels” (Luke 20:36), our understanding of the heavenly condition of the human can (...) be illuminated by angelology, and vice-versa; each reveals the nature of the other. The paper examines aspects of the positions of Augustine and Anselm on the original state of the angels, their fall, and their confirmation, and then explores the condition of prelapsarian Adam and the transformation of the elect in order to illuminate how these figures conceive the afterlife. The angelologies (and demonologies) of Augustine and Anselm help one to understand the heavenly goal of human life, how the redeemed state of human beings differs from their original condition in Eden, and why there is no redemption for the fallen angels. (shrink)

People more frequently select norm-violating factors, relative to norm- conforming ones, as the cause of some outcome. Until recently, this abnormal-selection effect has been studied using retrospective vignette-based paradigms. We use a novel set of video stimuli to investigate this effect for prospective causal judgments—i.e., judgments about the cause of some future outcome. Four experiments show that people more frequently select norm- violating factors, relative to norm-conforming ones, as the cause of some future outcome. We show that the abnormal-selection effects (...) are not primarily explained by the perception of agency (Experiment 4). We discuss these results in relation to recent efforts to model causal judgment. (shrink)

Inchoate crime consists of acts that are regarded as crimes despite the fact that they are only partial or incomplete in some respect. This includes acts that do not succeed in physically harming the victim or are only indirectly related to such a result. Examples include attempts (as in attempted murder that does not eventuate in the killing of anyone), conspiracy (in which case the crime has only been planned, not yet acted out) and incitement (where the inciter does not (...) himself commit the crime he is urging others to undertake). The present paper attempts to analyze these inchoate crimes from a libertarian perspective, based on the non-aggression principle. (shrink)

If solutions to the problem of inequality are to be as radical as reality now demands, what is instead required is a reimagining of what would be involved comprehensively to tame capitalism through democratic means. This will involve much further development of the kind of plurality of institutional and policy proposals sketched by Meade, and will involve both the private and public – individual and collective – forms of capital predistribution that Meade advocated. Piketty, like Meade, sees the need for (...) both redistribution and predistribution, and both see that the institutional means necessary to create a more equal society will involve pursuing a plurality of parallel paths. It is closely in keeping with the spirit of Piketty’s Capital that the political and intellectual agenda ahead will be one that economics on its own cannot hope to encompass. It’s a vital agenda, with high stakes, and presents challenges to both academic researchers and political activists. On the success of this endeavour depends nothing less than the prospects for legitimate continuation of our economic system. (shrink)

Augustin est bien connu comme défenseur d’une « théorie privative » du mal. On peut lire, par exemple, dans les Confessions que « le mal n’est que la privation du bien, à la limite du pur néant ». Le problème, cependant, avec les théories privatives du mal est qu’elles ne nous offrent pas, généralement, une explication robuste ni de l’activité du mal, ni de son pouvoir à causer des effets bien réels ; effets desquels l’expérience demande, malgré tout, une explication (...) rationnelle. Or, selon Augustin, la privation seule ne permet pas de rendre compte de toutes les manifestations du mal. L’explication privative du mal est, certes, la plus étudiée par la littérature ; mais elle ne constitue qu’une partie du tableau. Cet article veut souligner quatre moments de l’explication du mal qu’Augustin propose : le mal comme privation ; le mal comme parasite par rapport à l’être ; le mal comme perversion de la volonté ; et finalement, le mal comme conflit d’intérêts. Chacun de ces moments éclaire un type de mal, mais aucun ne permet à lui seul de rendre compte du problème. Pris ensemble, cependant, et gardant leurs différences respectives à l’esprit, la réponse d’Augustin à la question du mal se révèle beaucoup plus sophistiquée et exhaustive qu’on ne voudrait souvent l’admettre lorsqu’on se limite uniquement à la théorie de la privation. | : Augustine is well-known for advocating a ‘privation theory’ of evil. In Confessions, he writes that “evil has no existence except as a privation of good, down to that level which is altogether without being.” The problem with privation theories of evil generally is that they do not provide a robust enough account of the activity and power of evil to cause the very real effects for which experience demands a rational explanation. For Augustine, however, privation alone does not fully account for evil in all of its manifestations. The privation account of evil receives much scholarly treatment, but it is only part of the complete Augustinian picture. This paper outlines four accounts of evil in Augustine : evil as privation, as parasitic on being, as perversion of the will, and as conflict of interest. Each deals with a kind of evil, but none alone provides a complete account. Taken together, however, with their differences in mind, Augustine’s explanation of evil is shown to be much more sophisticated and comprehensive than is often recognised when one limits one’s understanding of Augustine’s conception of evil to the privation theory alone. (shrink)

Although recent scholarship has begun to clarify Porphyry’s position on the first principle in its distinction from that of Plotinus we must be careful not to gloss over the crucial ramifications of Porphyry’s developments. The Plotinian One is beyond Being, and thus beyond all relation and difference. In his attempt to understand how such a principle can be productive of all else that follows from it, Porphyry considers the Plotinian One in both its transcendent and creative aspects, introducing the notions (...) of difference and self-relation within the One itself. Porphyry’s modifications of Plotinus’s doctrine, however, result in a first principle having a character utterly distinct from what Plotinus envisioned, and from what I believe Plotinus would have accepted. Because Porphyry’s first principle is relational, it loses its decisive Plotinian character as absolutely transcendent. This distinction between the first principles of Porphyry and Plotinus has important ramifications for each of their philosophical itineraria, and further strengthens the status of Plotinus within the Neoplatonic tradition. Plotinus is a unique thinker within the Neoplatonic tradition, and we must be careful not to equate Neoplatonism with Plotinus, when in fact, it is Plotinus who against both his own predecessors and successors often stands alone. (shrink)

This paper examines demonic agency and epistemology in the thought of Augustine. When Augustine claims that demons can “work miracles,” he means this in a specific sense: the actions and intelligence of demons are only miraculous from the standpoint of humans, whose powers of perception and action are limited in relation to those of demons. The character of demons’ bodies and the length of their lives provide abilities beyond what humans possess, but, as natural, created beings, demons adhere to the (...) physical rules of nature. Demons possess neither supernatural powers, nor perfect knowledge. Just as our wonder ceases when we are shown how a magic trick is executed, human astonishment makes way for rational understanding once we comprehend demonic nature. (shrink)

Bryant’s paper, "A Logic of Multiplicities: Deleuze, Immanence, and Onticology," is useful for showing how the historical legacy of hierarchy in its many philosophical forms is still present, important, and, in fact, required even by those such as Bryant who would seek to deconstruct or ignore it. The following response will discuss Bryant’s presentation of his alternative position and throughout point out: a) the straw-man versions of hierarchy that Bryant employs; b) why what Bryant claims to be inherent negatively in (...) hierarchy is not the case; c) how Bryant’s position actually relies upon hierarchy for its own explication, and finally; d) the various principles of hierarchical metaphysics that are required in order to make sense of experience and reality. These latter include the notions that i) there are many kinds of hierarchy; ii) Being and Unity are prior to Multiplicity; iii) relation without substance is incoherent; iv) hierarchy is not inherently tyrannical; v) the distinction between essentially and accidentally ordered causal series is a real and useful one; and vi) the existence of hierarchy is more self evident than is flat ontology. (shrink)

The necessity for a government “lender of last resort” has been advanced as a justification for central banking. In this paper, I compare lending practices under central banking with those that would be likely to exist under a system of fractional-reserve free banking (FRFB). To do this I examine the underlying nature of banks as warehousing and credit-granting institutions and consider how redemption runs can arise as a consequence of fractional reserves in this system. Following the work of Thornton and (...) Bagehot, I describe principles of prudent lending that can be used to stem a redemption run when it arises. I examine the market incentives that apply under FRFB and how these incentives are perverted under a system of central banking. I find that a government central bank is not well-placed to lend according to prudent standards, and in fact is likely to use its power to pursue political goals that are at odds with prudent lending. I examine the US financial crisis and the actions of the Federal Reserve System to illustrate this view. (shrink)

What would be a fair model for flood insurance? Catastrophic flooding has become increasingly frequent in the UK and, with climate change, is likely to become even more frequent in the future. With the UK's current flood insurance regime ending in 2013, we argues that: -/- - there is an overwhelming case for rejecting a free market in flood insurance after 2013; - this market-based approach threatens to leave many thousands of properties uninsurable, leading to extensive social blight; - there (...) are a number of possible flood insurance models that would be fairer and more sustainable. -/- We outline three approaches to 'fairness' in flood insurance, and argues that the second and third of these would be the most 'solidaristic' – i.e. those at lower risk of flooding would contribute to the support of people at higher risk: -/- 'pure actuarial fairness' – insurance costs directly reflect the level of risk faced by individuals; 'choice-sensitive fairness' – insurance costs should reflect only those risks that result from each individual's choices; 'fairness as social justice' – insurance should be provided independently of individuals' risks and choices when covering basic requirements of social justice. (shrink)

Cameras, microphones, and other sensors continue to proliferate in the world around us. I offer a new metaphor for conceptualizing these technologies: they are _digital wormholes_, transmitting representations of human persons between disparate points in space–time. We frequently cannot tell when they are operational, what kinds of data they are collecting, where the data may reappear in the future, and how the data can be used against us. The wormhole metaphor makes the mysteriousness of digital sensors salient: digital sensors have (...) brought us to a strange place. If humans are to be capable of making sensible decisions while under observation by digital sensors, we must improve the epistemic position of potential sensor subjects. (shrink)

Proclus and Aquinas envision a plurality of divine beings organized hierarchically under the aegis of a first principle: respectively, the One and the henads, and God and His angels. While the differences rule out a wholescale application of Procline henadology to Thomas’ angelology, Aquinas, nevertheless, incorporates Proclus’ henadology into his angelology in two ways. First, Aquinas borrows from Procline henadology when explaining the differences between angels: these can be known in an approximate way from their observable effects. Second, Aquinas incorporates (...) Proclus’ understanding of henadic hierarchy, which focuses on power and activity over ontology, into his conception of angelic hierarchy. (shrink)

Several philosophers have recently advanced wager-based arguments for the existence of irreducibly normative truths or against normative nihilism. Here I consider whether these wager-based arguments would cause a normative Pyrrhonian skeptic to lose her skepticism. I conclude they would not do so directly. However, if prompted to consider a different decision problem, which I call the normativity wager for skeptics, the normative Pyrrhonian skeptic would be motivated to attempt to act in accordance with any normative reasons to which she might (...) be subject. Consideration of the normativity wager will not inevitably cause the normative Pyrrhonian skeptic to lose her skepticism, but there are at least three routes by which it might: first, in considering the wager the agent may spontaneously (non-rationally) acquire a normative belief; second, considering the wager can motivate the agent to cause herself to (non-rationally) acquire a normative belief. Via either of these indirect, non-rational routes, she would cease to be a normative Pyrrhonian skeptic. Thus, consideration of the normativity wager may have value, even if it does not supply a rational argument that will dissuade skeptics. In addition, I consider the possibility of a third (rational) route by which the agent might lose her skepticism. (shrink)

In this paper, we engage in dialogue with Jonathan Pugh, Hannah Maslen, and Julian Savulescu about how to best interpret the potential impacts of deep brain stimulation on the self. We consider whether ordinary people’s convictions about the true self should be interpreted in essentialist or existentialist ways. Like Pugh et al., we argue that it is useful to understand the notion of the true self as having both essentialist and existentialist components. We also consider two ideas from existentialist philosophy (...) – Jean-Paul Sartre and Simone de Beauvoir’s ideas about “bad faith” and “ambiguity” – to argue that there can be value to patients in regarding themselves as having a certain amount of freedom to choose what aspects of themselves should be considered representative of their true selves. Lastly, we consider the case of an anorexia nervosa-patient who shifts between conflicting mind-sets. We argue that mind-sets in which it is easier for the patient and his or her family to share values can plausibly be considered to be more representative of the patient’s true self, if this promotes a well-functioning relationship between the patient and the family. However, we also argue that families are well-advised to give patients room to figure out what such shared values mean to them, since it can be alienating for patients if they feel that others try to impose values on them from the outside. (shrink)

Here I consider Georges Canguilhem's remarkable essay ‘On Science and Counter-Science’ (1971) as a reflection on both the life and the philosophy of his departed friend Jean Hyppolite. I begin by suggesting that Canguilhem's essay takes up and critiques Hyppolite's critique of empirical reason in Logic and Existence (1953). Drawing upon materials from the Canguilhem archives, I then demonstrate that Canguilhem composed the 1971 essay by returning to and drawing from a seminar he gave in 1955–56 on ‘Science and Error’. (...) I consider the significance of this ‘return’ as a kind of memento mori. In ‘On Science and Counter-Science’ Canguilhem pursues a vivid account of the significance of error within (scientific) reason, as caught between the twin poles of Cartesian correction and Nietzschean affirmation. In his refusal to choose between these poles, Canguilhem affirms the restless vital quality of the trace of the concept, which destabilises the perfection of death and the absolute. (shrink)

The New Labour we got was different from the New Labour that might have been, had the reform agenda associated with stakeholding and pluralism in the early-1990s been fully realised. We investigate the road not taken and what it means for ‘one nation’ Labour.

How does character information inform judgments of blame? Some argue that character information is indirectly relevant to blame because it enriches judgments about the mental states of a wrongdoer. Others argue that character information is directly relevant to blame, even when character traits are causally irrelevant to the wrongdoing. We propose an empirical synthesis of these views: a Two Channel Model of blame. The model predicts that character information directly affects blame when this information is relevant to the wrongdoing that (...) elicits blame. Further, the effect of character information on blame depends on judgments about the true self that are independent of judgments of intentionality. Across three pre-registered studies (N = 662), we found support for all three predictions of the Two Channel Model. We propose that this reflects two distinct functions of blame: a social regulatory function that encourages norm compliance and a pedagogical function that encourages personal improvement. (shrink)

This is a talk given in honor of O'Neill at the Pacific APA when she won the Berggruen Prize in 2018.

Did the pragmatic turn encompass the linguistic turn in the history of philosophy? Or was the linguistic turn a turn away from pragmatism? Some commentators identify the so-called “eclipse” of pragmatism by analytic philosophy, especially during the Cold War era, as a turn away from pragmatist thinking. However, the historical evidence suggests that this narrative is little more than a myth. Pragmatism persisted, transforming into a more analytic variety under the influence of Quine and Putnam and, more recently, a continental (...) version in the hands of Richard Rorty and Cornel West. In this paper, I argue that proof of the linguistic turn’s presence as a moment in a broader pragmatic turn in philosophy can be garnered from close examination of a single article, W. V. O. Quine’s “Two Dogmas of Empiricism,” and a single issue: whether the analytic-synthetic distinction is philosophically defensible. (shrink)

I remain unsatisfied by a lack of philosophical clarity among Báñezian authors on the nature of freedom. In a recent paper, I therefore posed a problem for Báñezianism that resembles what is called the “grounding problem” for Molinism: where do the truths about alternative possibilities come from? And I illustrated the problem in the context of the account of grace given by one famous defender of the view, Fr. Réginald Garrigou-Lagrange, whose work in turn was recently promoted by Taylor Patrick (...) O’Neill. O’Neill responds in this present journal issue to that paper, arguing that I failed to be attentive to distinctions drawn by Garrigou-Lagrange which would resolve the dilemma. However, I fear that O’Neill’s presentation of both the dilemma and his own resolution is conceptually confused. I will try to illustrate that O’Neill’s own responses are at many points either a concession to a certain fork of the dilemma that I posed in the original paper, or change the subject and fail to address my concerns except superficially. However, since at many points O’Neill implies that I reject Báñezianism, despite my explicit qualification in the paper that I do not, I will end by proposing what would constitute a sufficient response to the dilemma. (shrink)

abstract This article briefly examines Onora O'Neill's account of the relation between normative principles and practical ethical problems with an eye to suggesting that philosophers of practical ethics have reason to adopt fairly high moral ambitions to be edifying and instructive both as educators and as advisors on public policy debates.

Radical constructivists appeal to self-legislation in arguing that rational agents are the ultimate sources of normative authority over themselves. I chart the roots of radical constructivism and argue that its two leading Kantian proponents are unable to defend an account of self-legislation as the fundamental source of practical normativity without this legislation collapsing into a fatal arbitrariness. Christine Korsgaard cannot adequately justify the critical resources which agents use to navigate their practical identities. This leaves her account riven between rigorism and (...) voluntarism, such that it will not escape a paradox that arises when self-legislation is unable to appeal to external normative standards. Onora O'Neill anchors self-legislation more firmly to the self-disciplining structures of reason itself. However, she ultimately fails to defend sufficiently unconditional practical norms which could guide legislation. These endemic problems with radical constructivist models of self-legislation prompt a reconstruction of a neglected realist self-legislative tradition which is exemplified by Christian Wolff. In outlining a rationalist and realist account of self-legislation, I argue that it can also make sense of our ability to overcome anomie and deference in practical action. Thus, I claim that we need not make laws but can make them our own. (shrink)

Pogge, O'Neill, Elkins, and others propose the "dispersal" or "unbundling" of state sovereignty, allegedly to disincentivize war, to foster global and regional cooperation on environment, justice, and other issues of naturally supra-state concern, as well as to tailor some functions or jurisdictions to more local, regional, or differently shaped geographical areas. All these proposals are guilty of function-atomism, i.e. they ignore the massive benefits of clustering identically bounded functions or jurisdictions in a single territory. These benefits include the effective (...) enforcement of law; the effective production of public goods and deterrence of free-riding; the coinciding of the tax base, law formation and enforcement and sustaining community of media, schools, universities, and other vital institutions; and the fostering of democratic community and participation in a significant political structure. (shrink)

This article addresses the so-called to human rights. Focusing specifically on the work of Onora O'Neill, the article challenges two important aspects of her version of this objection. First: its narrowness. O'Neill understands the claimability of a right to depend on the identification of its duty-bearers. But there is good reason to think that the claimability of a right depends on more than just that, which makes abstract (and not welfare) rights the most natural target of her objection (...) (section II). After examining whether we might address this reformulated version of O'Neill's objection by appealing to the specificity afforded to human rights in international, regional and domestic law (in section III), the article challenges a second important feature of that objection by raising doubts about whether claimability is a necessary feature of rights at all (section IV). Finally, the article reflects more generally on the role of abstraction in the theory and practice of human rights (section V). In sum, by allaying claimability-based concerns about abstract rights, and by illustrating some of the positive functions of abstraction in rights discourse, the article hopes to show that abstract rights are not only theoretically coherent but also useful and important. (shrink)

The dissertation defends that the often-assumed link between constructivism and universalism builds on non-constructivist, perfectionist grounds. To this end, I argue that an exemplary form of universalist constructivism – i.e., O’Neill’s Kantian constructivism – can defend its universalist commitments against an influential particularist form of constructivism – i.e., political liberalism as advanced by Rawls, Macedo, and Larmore – only if it invokes a perfectionist view of the good. (En route, I show why political liberalism is a form of particularism (...) and reconstruct the role of its conception of public justification, its implied contextualism about justified belief, its conceptions of toleration, neutrality, good reasons, and legitimacy, and, not least, its justification-constitutive conception of reasonableness.) Contrary to what is often assumed, then, at the level of a vindication of the very project of a universalist constructivism, universalist constructivists should construe perfectionists not as their opponents, but as partial, though uneasy, allies. (shrink)

Can there be a "reflexive" or presuppositional, reasonably non-rejectable grounding of a Forst-type right to justification, or of a meaningful form of constitutive discursive standing? The paper argues that this is not so, and this for reasons that reflect more general limitations of presuppositional arguments for relevantly contested conclusions. To this end, the paper critically engages Forst's "reflexive" argument for human rights. It also considers O'Neill's presuppositional attempt to defend a form of cosmopolitanism, as well as the attempt to (...) anchor constructivist conclusions in the meaning of the word "reasonable". (shrink)

John O’Neill, Alan Holland, and Andrew Light usefully distinguish two ways of thinking about environmental values, namely, end-state and historical views. To value nature in an end-state way is to value it because it instantiates certain properties, such as complexity or diversity. In contrast, a historical view says that nature’s value is (partly) determined by its particular history. Three contemporary defenses of a historical view are explored in order to clarify: (1) the normatively relevant history; (2) how historical considerations (...) are supposed to instruct environmental decision making; and (3) the relative importance of historical and end-state considerations. There are multiple reasons for including historical considerations in an account of environmental values. For example, knowledge of a natural object’s history can add depth and texture to our appreciation of that object. Further, if we were blind to the relevant history, we could not adequately understand and defend environmental policy goals such as preserving the potentials of natural systems or maintaining ecological health, for these goals appear to have irreducibly historical aspects. While historical considerations are important, such considerations are insufficient to guide our normative thinking about nature and how it should be dealt with practically. But they succeed in broadening and deepening our understanding of the nature and sources of environmental value. (shrink)

According to a common interpretation, most explicitly defended by Onora O’Neill and Patricia Kitcher, Kant held that epistemic obligations normatively depend on moral obligations. That is, were a rational agent not bound by any moral obligation, then she would not be bound by any epistemic obligation either. By contrast, in this paper, I argue that, according to Kant, some epistemic obligations are normatively independent from moral obligations, and are indeed normatively absolute. This view, which I call epistemicism, has two (...) parts. First, it claims that in the absence of other kinds of obligations, rational agents would still be bound by these epistemic obligations, i. e., that the latter are normatively independent. Second, it claims that, no matter what other obligations are at stake, rational agents are bound by these epistemic obligations, i. e., the normativity of these epistemic obligations is absolute in that it cannot be undercut by any moral or other sort of obligation. The argument turns on an exploratory reading of Kant’s remarks in “What Is Orientation in Thinking?” (1786) about the maxim of “thinking for oneself” as the “supreme touchstone of truth”. In contrast to O’Neill and Kitcher, I argue that if we interpret this maxim as stating the unifying principle of theoretical and practical reason, then we must interpret it as stating an epistemic, and not merely practical imperative. This result, I argue, vindicates epistemicism and illuminates interesting lessons about Kant’s conception of the category of “epistemic” norms. Further, it helps us make headway with Kant’s enigmatic remarks about the unity of practical and theoretical reason in the Groundwork, the first and second Critiques, and the Lectures on Logic. On my proposal, principles of the practical and theoretical uses of reason are unified through a formal epistemic principle. (shrink)

In this paper I will use sex by deception as a case study for highlighting some of the most tricky concepts around sexuality and moral psychology, including rape, consensual sex, sexual rights, sexual autonomy, sexual individuality, and disrespectful sex. I begin with a discussion of morally wrong sex as rooted in the breach of five sexual liberty rights that are derived from our fundamental human liberty rights: sexual self-possession, sexual autonomy, sexual individuality, sexual dignity and sexual privacy. I then argue (...) (against the standard interpretation) that experimental findings in moral psychology show that the principle of respect for persons—a principle that grounds our human liberty rights—drives our intuitive moral judgments. In light of this discussion, I examine a puzzle about sex by deception—a puzzle which at first may seem to compel us to define 'rape' strictly in terms of force rather than sexual autonomy. I proceed by presenting an argument against the view that, as a rule, sex by deception undermines consent—a position held by prominent thinkers such as Philippe Patry (2001), Onora O’Neill (2003), Rubenfeld (2012), Tom Dougherty (2013a, 2013b), Joyce M. Short (2013), and Danielle Bromwich and Joseph Millum (2013, 2018). As we will see, sex following deception to increase your chances does not always constitute rape. Lying about your age, education, job, family background, marital status, or interest in a relationship, for example, does not make your sex partner incapable of consenting, which is to say that sex by deception need not be rape. I even go so far as to say that sex with another person that is facilitated by withholding information about having a venereal disease shouldn't be classified as rape. Although sex by deception doesn't compromise consent, it nonetheless violates the principle of respect for persons, not by vitiating sexual autonomy and compromising consent, but by failing to respect other sexual rights, such as our rights to sexual dignity, individuality, and privacy. (shrink)

Deep brain stimulation has been of considerable interest to bioethicists, in large part because of the effects that the intervention can occasionally have on central features of the recipient’s personality. These effects raise questions regarding the philosophical concept of authenticity. In this article, we expand on our earlier work on the concept of authenticity in the context of deep brain stimulation by developing a diachronic, value-based account of authenticity. Our account draws on both existentialist and essentialist approaches to authenticity, and (...) Laura Waddell Ekstrom’s coherentist approach to personal autonomy. In developing our account, we respond to Sven Nyholm and Elizabeth O’Neill’s synchronic approach to authenticity, and explain how the diachronic approach we defend can have practical utility, contrary to Alexandre Erler and Tony Hope’s criticism of autonomy-based approaches to authenticity. Having drawn a distinction between the authenticity of an individual’s traits and the authenticity of that person’s values, we consider how our conception of authenticity applies to the context of anorexia nervosa in comparison to other prominent accounts of authenticity. We conclude with some reflections on the prudential value of authenticity, and by highlighting how the language of authenticity can be invoked to justify covert forms of paternalism that run contrary to the value of individuality that seems to be at the heart of authenticity. (shrink)

This paper investigates how political theorists and philosophers should understand egalitarian political demands in light of the increasingly important realist critique of much of contemporary political theory and philosophy. It suggests, first, that what Martin O'Neill has called non-intrinsic egalitarianism is, in one form at least, a potentially realistic egalitarian political project and second, that realists may be compelled to impose an egalitarian threshold on state claims to legitimacy under certain circumstances. Non-intrinsic egalitarianism can meet realism’s methodological requirements because (...) it does not have to assume an unavailable moral consensus since it can focus on widely acknowledged bads rather than contentious claims about the good. Further, an appropriately formulated non-intrinsic egalitarianism may be a minimum requirement of an appropriately realistic claim by a political order to authoritatively structure some of its members' lives. Without at least a threshold set of egalitarian commitments, a political order seems unable to be transparent to many of its worse off members under a plausible construal of contemporary conditions. (shrink)