The veil of ignorance argument was used by John C. Harsanyi to defend Utilitarianism and by John Rawls to defend the absolute priority of the worst off. In a recent paper, Lara Buchak revives the veil of ignorance argument, and uses it to defend an intermediate position between Harsanyi's and Rawls' that she calls Relative Prioritarianism. None of these authors explore the implications of allowing that agent's behind the veil are averse to ambiguity. Allowing for (...) aversion to ambiguity---which is both the most commonly observed and a seemingly reasonable attitude to ambiguity---however supports a version of Egalitarianism, whose logical form is quite different from the theories defended by the aforementioned authors. Moreover, it turns out that the veil of ignorance argument neither supports standard Utilitarianism nor Prioritarianism unless we assume that rational people are insensitive to ambiguity. (shrink)

A natural view in distributive ethics is that everyone's interests matter, but the interests of the relatively worse off matter more than the interests of the relatively better off. I provide a new argument for this view. The argument takes as its starting point the proposal, due to Harsanyi and Rawls, that facts about distributive ethics are discerned from individual preferences in the "original position." I draw on recent work in decision theory, along with an intuitive principle about risk-taking, to (...) derive the view. (shrink)

There has been a growing charge that perdurantism—with its bloated ontology of very person-like objects that coincide persons—implies the repugnant conclusion that we are morally obliged to be feckless. I argue that this charge critically overlooks the epistemic situation—what I call the ‘veil of ignorance’—that perdurantists find themselves in. Though the veil of ignorance still requires an alteration of our commonsense understanding of the demands on action, I argue for two conclusions. The first is that the (...) alteration that is required isn’t a moral one, but rather an alteration of prudential reasoning. Second, and more importantly, this alteration isn’t necessarily a repugnant one. In fact, given that it prudentially pushes one towards greater impartiality, it may be seen as a point in favor of perdurantism. (shrink)

Lara Buchak argues for a version of rank-weighted utilitarianism that assigns greater weight to the interests of the worse off. She argues that our distributive principles should be derived from the preferences of rational individuals behind a veil of ignorance, who ought to be risk averse. I argue that Buchak’s appeal to the veil of ignorance leads to a particular way of extending rank-weighted utilitarianism to the evaluation of uncertain prospects. This method recommends choices that violate (...) the unanimous preferences of rational individuals and choices that guarantee worse distributions. These results, I suggest, undermine Buchak’s argument for rank-weighted utilitarianism. (shrink)

In a recent JME paper, Matthew John Minehan applies John Rawls’ veil of ignorance against Judith Thomson’s famous violinist argument for the permissibility of abortion. Minehan asks readers to ‘imagine that one morning you are back to back in bed with another person. One of you is conscious and the other unconscious. You do not know which one you are’. Since from this position of ignorance, you have an equal chance of being the unconscious violinist and the (...) conscious person attached to him, it would be rational to oppose a right for detachment. Likewise, behind the veil of ignorance, it is rational to oppose abortions since you could be the fetus, Minehan claims. This paper provides a plausible reply to this argument. (shrink)

The present work is to be a critique of Rawls’ Veil of Ignorance as well as putting forth an alternative analytical tool when constructing societies known as the L’echelle Naturelle. My paper hopes to argue that inequalities in a society are not only essential in society contrary to Rawls’ Egalitarian ideology, but do in fact contain equality so long as the autonomy of the citizen is fully exercisable. I contend that institutions such as government and their extensions namely (...) the law, have debilitated the exercisability of autonomy. The consequence of that is an artificial hierarchy monopolized by a minority rather than a natural hierarchy where every citizen is a means unto themselves. The phenomenon of a natural hierarchy that is made possible by unchained autonomy is what the L’echelle Naturelle hopes to expound upon in the forthcoming work. (shrink)

Brief thoughts on why Rawls' "fictional" veil of ignorance is in fact real and why social morals and self-interest thus converge.

This paper discusses “impartiality thought experiments”, i.e., thought experiments that attempt to generate intuitions which are unaffected by personal characteristics such as age, gender or race. We focus on the most prominent impartiality thought experiment, the Veil of Ignorance (VOI), and show that both in its original Rawlsian version and in a more generic version, empirical investigations can be normatively relevant in two ways: First, on the assumption that the VOI is effective and robust, if subjects dominantly favor (...) a certain normative judgment behind the VOI this provides evidence in favor of that judgment; if, on the other hand, they do not dominantly favor a judgment this reduces our justification for it. Second, empirical investigations can also contribute to assessing the effectiveness and robustness of the VOI in the first place, thereby supporting or undermining its applications across the board. (shrink)

In situations where we ignore everything but the space of possibilities, we ought to suspend judgment—that is, remain agnostic—about which of these possibilities is the case. This means that we cannot sum our degrees of belief in different possibilities, something that has been formalized as an axiom of non-additivity. Consistent with this way of representing our ignorance, I defend a doxastic norm that recommends that we should nevertheless follow a certain additivity of possibilities: even if we cannot sum degrees (...) of belief in different possibilities, we should be more confident in larger groups of possibilities. It is thus shown that, in the type of situation considered (in so-called ‘classical ignorance’, i.e. “behind a thin veil of ignorance”), it is epistemically rational for advocates of suspending judgment to endorse this comparative confidence; while on the other hand it is shown that, even in classical ignorance, no stronger belief—such as a precise uniform probability distribution—is warranted. (shrink)

The paper places the work of G. Gaus into the tradition of political thought experimenting. In particular, his strategy of modeling moral decision by the heuristic device of idealized Members of the Public is presented as an iterated thought experiment, which stands in marked contrast with more traditional devices like the veil of ignorance. The consequences are drawn, and issues of utopianism and realism briefly discussed.

The Pigou-Dalton (PD) principle recommends a non-leaky, non-rank-switching transfer of goods from someone with more goods to someone with less. This Article defends the PD principle as an aspect of distributive justice—enabling the comparison of two distributions, neither completely equal, as more or less just. It shows how the PD principle flows from a particular view, adumbrated by Thomas Nagel, about the grounding of distributive justice in individuals’ “claims.” And it criticizes two competing frameworks for thinking about justice that less (...) clearly support the principle: the veil-of-ignorance framework, and Larry Temkin’s proposal that fairer distributions are those concerning which individuals have fewer “complaints.” -/- The Article also clarifies the relation between the PD principle and prioritarianism. Prioritarians will surely endorse the PD principle (with the “good” individual well-being), but they are also committed to a distinct axiom of separability: the moral value of someone’s well-being change does not depend upon her position relative to others. The PD principle neither implies separability, nor is implied by it. Although prioritarianism is very plausible, the case for the PD principle is yet more compelling than for the combination of that principle with separability. In discussing prioritarianism, we should differentiate between these two, logically independent aspects of the view. -/- . (shrink)

This thesis consists of several independent papers in population ethics. I begin in Chapter 1 by critiquing some well-known 'impossibility theorems', which purport to show there can be no intuitively satisfactory population axiology. I identify axiological vagueness as a promising way to escape or at least mitigate the effects of these theorems. In particular, in Chapter 2, I argue that certain of the impossibility theorems have little more dialectical force than sorites arguments do. From these negative arguments I move to (...) positive ones. In Chapter 3, I justify the use of a 'veil of ignorance', starting from three more basic normative principles. This leads to positive arguments for various kinds of utilitarianism - the best such arguments I know. But in general the implications of the veil depend on how one answers what I call 'the risky existential question': what is the value to an individual of a chance of non-existence? I chart out the main options, and raise some puzzles for non-comparativism, the view that life is incomparable to non-existence. Finally, in Chapter 4, I consider the consequences for population ethics of the idea that what is normatively relevant is not personal identity, but a degreed relation of psychological connectedness. In particular, I pursue a strategy based in population ethics for understanding the controversial 'time-relative interests' account of the badness of death. (shrink)

Epistemic states of uncertainty play important roles in ethical and political theorizing. Theories that appeal to a “veil of ignorance,” for example, analyze fairness or impartiality in terms of certain states of ignorance. It is important, then, to scrutinize proposed conceptions of ignorance and explore promising alternatives in such contexts. Here, I study Lerner’s probabilistic egalitarian theorem in the setting of imprecise probabilities. Lerner’s theorem assumes that a social planner tasked with distributing income to individuals in (...) a population is “completely ignorant” about which utility functions belong to which individuals. Lerner models this ignorance with a certain uniform probability distribution, and shows that, under certain further assumptions, income should be equally distributed. Much of the criticism of the relevance of Lerner’s result centers on the representation of ignorance involved. Imprecise probabilities provide a general framework for reasoning about various forms of uncertainty including, in particular, ignorance. To what extent can Lerner’s conclusion be maintained in this setting? (shrink)

I suggest that the social justice issues raised by Internet regulation can be exposed and examined by using a methodology adapted from that described by John Rawls in 'A Theory of Justice'. Rawls' theory uses the hypothetical scenario of people deliberating about the justice of social institutions from the 'original position' as a method of removing bias in decision-making about justice. The original position imposes a 'veil of ignorance' that hides the particular circumstances of individuals from them so (...) that they will not be influenced by self-interest. I adapt Rawls' methodology by introducing an abstract description of information technology to those deliberating about justice from within the original position. This abstract description focuses on computing devices that users can use to access information and information networks that information devices use to communicate. The abstractness of this description prevents the particular characteristics of the Internet and the computing devices in use from influencing the decisions about the just use and regulation of information technology and networks. From this abstract position, the principles of justice that the participants accept for the rest of society will also apply to the computing devices people use to communicate, and to Internet regulation. (shrink)

Many psychologists have tried to reveal the formation and processing of moral judgments by using a variety of empirical methods: behavioral data, tests of statistical significance, and brain imaging. Meanwhile, some scholars maintain that the new empirical findings of the ways we make moral judgments question the trustworthiness and authority of many intuitive ethical responses. The aim of this special issue is to encourage scholars to rethink how, if at all, it is possible to draw any normative conclusions by discovering (...) the psychological processes underlying moral judgments. (shrink)

In this extended book review, I summarize Adler's views and critically analyze his key arguments on the measurement of well-being and the foundations of prioritarianism.

Rawls’s consideration not to include the choice of economic systems as part of a theory of justice is inconsistent with his comments on redistribution and the political effects of economic inequality. When Rawls’s discussion of economic systems and his discussion of economic inequalities is examined, it is apparent that the selection of economic systems is a pertinent topic for a theory of justice. The propensity for the primary social good of self-respect to be satisfied can be affected by the selection (...) of economic systems. Rawls has incorrectly determined the selection of economic systems to be unimportant if different economic systems can be more advantageous to the satisfaction of self-respect than others. When socialism and Rawls’s version of regulated capitalism are compared, socialism is a maximin solution, and accordingly will be selected by people within the original position under the veil of ignorance. (shrink)

David Gauthier suggested that all genuine moral problems are Prisoners Dilemmas (PDs), and that the morally and rationally required solution to a PD is to co-operate. I say there are four other forms of moral problem, each a different way of agents failing to be in PDs because of the agents’ preferences. This occurs when agents have preferences that are malevolent, self-enslaving, stingy, or bullying. I then analyze preferences as reasons for action, claiming that this means they must not target (...) the impossible, they must be able to be acted on in the circumstances, their targets must be attainable, and having the preferences must make their targets more likely. For groups of agents to have a distribution of preferences, their preferences must jointly have those four features, this imposing a kind of universalizability requirement on possible preferences. I then claim that, if all agents began with preferences satisfying these requirements, their preferences would not be of the morally problematic sort (on pain, variously, of circularity or contradiction in the specification of their targets). Instead, they would be either morally innocent preferences, or ones which put the agents in PDs. And it would then be instrumentally rational for the agents to prefer mutual co-operation. Thus if all agents initially had rationally permissible preferences and made rational choices of actions and preferences thereafter, they would never acquire immoral preferences, and so never be rationally moved to immoral actions. Further, the states of affairs such agents would be moved to bring about would be compatible with what Rawls’ agents would chose behind a veil of ignorance. Morality therefore reduces to rationality; necessarily, the actions categorically required by morality are also categorically required by rationality. (shrink)

G.A. Cohen’s critique of the Rawlsian difference principle points out an inconsistency in its presentation. The initial equality decided by the participants in the original position under the veil of ignorance is not preserved by the inequality sanctioned by the difference principle. Cohen shows how the breakdown of the initial equality of the original position prevents the desired results of the Rawlsian system from being realized. Cohen argues that an egalitarian ethos is required within a society for equality (...) preserving economic distributions and Pareto superior outcomes to occur. Nonetheless, Cohen’s analysis of Rawls misses the ultimate cause of inequality, which is the dynamics of capital accumulation. An egalitarian ethos is only possible if there is a socialist mode of production to facilitate its development. Additionally, Cohen’s critique of Rawlsian constructivism through an argument for intuitionism does not address the natural-material existence of human beings. This existence must be considered for any advantageous social formation. (shrink)

This paper challenges the first Gettier counterexample to the tripartite account of knowledge. Noting that 'the man who will get the job' is a description and invoking Donnellan's distinction between their 'referential' and 'attributive' uses, I argue that Smith does not actually believe that the man who will get the job has ten coins in his pocket. Smith's ignorance about who will get the job shows that the belief cannot be understood referentially, his ignorance of the coins in (...) his pocket shows that it cannot be understood attributively. An explanation for why Smith appeared to have justified true belief is given by distinguishing between 'belief' and 'belief in truth'. Smith believes the sentence 'the man who will get the job has ten coins in his pocket' to be true (he mistakenly believes that Jones will get the job, of whom he knows that he has ten coins in his pocket) (hence his 'belief'), the sentence is true (hence 'truth'), and he has sufficient reason to assent to it (hence his 'justification'). But he does not believe the proposition expressed. Hence he does not know it either. (shrink)

The article is a plea for ethicists to regard probability as one of their most important concerns. It outlines a series of topics of central importance in ethical theory in which probability is implicated, often in a surprisingly deep way, and lists a number of open problems. Topics covered include: interpretations of probability in ethical contexts; the evaluative and normative significance of risk or uncertainty; uses and abuses of expected utility theory; veils of ignorance; Harsanyi’s aggregation theorem; population size (...) problems; equality; fairness; giving priority to the worse off; continuity; incommensurability; nonexpected utility theory; evaluative measurement; aggregation; causal and evidential decision theory; act consequentialism; rule consequentialism; and deontology. (shrink)

Suppose our visual experiences immediately justify some of our beliefs about the external world — that is, justify them in a way that does not rely on our having independent reason to hold any background belief. A key question now arises: Which of our beliefs about the external world can be immediately justified by experiences? I address this question in epistemology by doing some philosophy of mind. In particular, I evaluate the following proposal: if your experience e immediately justifies you (...) in believing that p , then (i) e has the content that p , and (ii) e ’s having the content that p is fixed by what it is like to have e . I start by clarifying this proposal and surveying the case in its favour. I then argue against the proposal and develop an alternative. The discussion shows what role visual consciousness plays and does not play in the justification of perceptual beliefs. (shrink)

Every day, thousands of polls, surveys, and rating scales are employed to elicit the attitudes of humankind. Given the ubiquitous use of these instruments, it seems we ought to have firm answers to what is measured by them, but unfortunately we do not. To help remedy this situation, we present a novel approach to investigate the nature of attitudes. We created a self-transforming paper survey of moral opinions, covering both foundational principles, and current dilemmas hotly debated in the media. This (...) survey used a magic trick to expose participants to a reversal of their previously stated attitudes, allowing us to record whether they were prepared to endorse and argue for the opposite view of what they had stated only moments ago. The result showed that the majority of the reversals remained undetected, and a full 69% of the participants failed to detect at least one of two changes. In addition, participants often constructed coherent and unequivocal arguments supporting the opposite of their original position. These results suggest a dramatic potential for flexibility in our moral attitudes, and indicates a clear role for self-attribution and post-hoc rationalization in attitude formation and change. (shrink)

Despite the recent increase in interest in philosophy about ignorance, little attention has been paid to the question of what makes it possible for a being to become aware of their own ignorance. In this paper, I try to provide such an account by arguing that, for a being to become aware of their own ignorance, they must have the mental capacity to represent something as being unknown to them. For normal adult humans who have mastered a (...) language, mental representation of an unknown is enabled by forming linguistic expressions whose content is grasped, but whose referent is unknown. I provide a neo-Fregean, a neo-Russellian, and then a unified account of this. On that basis, I then argue further that the content of ignorance can always be captured by a question. I then distinguish between propositional ignorance and non-propositional ignorance and argue that propositional ignorance attributions can be of three types, that-ignorance, whether-ignorance, and fact-ignorance. I conclude by arguing that the acquisition of truths, even when it yields knowledge that is certain, does not always eliminate one’s ignorance and that there is a degree of ignorance in almost everything we claim to know. (shrink)

Marine ecosystems are under increasing pressure from human activity, yet successful management relies on knowledge. The evidence-based policy (EBP) approach has been promoted on the grounds that it provides greater transparency and consistency by relying on ‘high quality’ information. However, EBP also creates epistemic responsibilities. Decision-making where limited or no empirical evidence exists, such as is often the case in marine systems, creates epistemic obligations for new information acquisition. We argue that philosophical approaches can inform the science-policy interface. Using marine (...) biosecurity examples, we specifically examine the epistemic challenges in the acquisition and acceptance of evidence to inform policy, discussing epistemic due care and biases in consideration of evidence. (shrink)

In A Theory of Justice, Rawls attempts to ground intergenerational justice by "virtual representation" through a thickening of the veil of ignorance. Contractors don't know to what generation they belong. This approach is flawed and will not result in the just savings principle Rawls hopes to justify. The project of grounding intergenerational duties on a social contractarian foundation is misconceived. Non-overlapping generations do not stand in relation to one another that is central to the contractarian approach.

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore endorse (...) treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)

In this paper, we propose a new theory of rationality defeat. We propose that defeaters are "indicators of ignorance", evidence that we’re not in a position to know some target proposition. When the evidence that we’re not in a position to know is sufficiently strong and the probability that we can know is too low, it is not rational to believe. We think that this account retains all the virtues of the more familiar approaches that characterise defeat in terms (...) of its connection to reasons to believe or to confirmation but provides a better approach to higher-order defeat. We also think that a strength of this proposal is that it can be embedded into a larger normative framework. On our account the no-defeater condition is redundant. We can extract our theory of defeat from our theory of what makes it rational to believe—it is rational to believe when it is sufficiently probable that our belief would be knowledge. Thus, our view can provide a monistic account of defeat, one that gives a unifying explanation of the toxicity of different defeaters that is grounded in a framework that either recognises knowledge as the norm of belief or identifies knowledge as the fundamental epistemic good that full belief can realise. (shrink)

Given the significant exculpatory power that ignorance has when it comes to moral, legal, and epistemic transgressions, it is important to have an accurate understanding of the concept of ignorance. According to the Standard View of factual ignorance, a person is ignorant that p whenever they do not know that p, while on the New View, a person is ignorant that p whenever they do not truly believe that p. On their own though, neither of these accounts (...) explains how ignorance can often be a degreed notion—how we can sometimes be slightly ignorant, quite ignorant, or completely ignorant that p. In this paper, I will argue that there is a route for advocates of the Standard View and the New View to accommodate the gradability of ignorance. On the view I defend, ‘ignorant’ picks out everyone that is ignorant to some degree, making it possible that ignorance can be both degreed and characterized as a lack of knowledge or true belief. Even though we can be ignorant to a greater or lesser extent, the only way to avoid being ignorant that p is to know or truly believe. (shrink)

While psychologists and political scientists have long investigated issues of interest to philosophers, the development of political experimental philosophy has remained limited. This slow progress is surprising, given that political philosophers commonly acknowledge the relevance of empirical data for normative theorizing. In this chapter, we illustrate the importance of empirical data by outlining recent developments in three domains related to theories of justice, where empirical results reinforce or endanger popular philosophical theories. Our first showcase concerns the boundaries of the concept (...) of fairness. While both libertarian thinkers and social egalitarians have united in rejecting the concept of natural injustice, we show that people do consider that unpreventable natural inequalities can be described as unfair. Second, we take the example of impartiality devices, such as the veil of ignorance or the idea of an impartial spectator, to show that such devices are efficient at shifting people’s intuitions in a more impartial manner. Third, we review empirical data on fairness intuitions to show that people conform to a pluralist theory of justice, valuing desert, needs-satisfaction, and equality at the same time. However, distribution according to desert enjoys a privileged position: people mostly care for the satisfaction of basic needs of deserving recipients, and people are willing to tolerate large inequalities in meritocratic contexts. The centrality of desert leads to dilemmas for mainstream egalitarian theorists, as theories that do not recognize the value of desert could fail to find support or legitimacy within the population. (shrink)

This chapter offers non-retributive, broadly Kantian justifications of punishment and remorse which can be endorsed by free will skeptics. We lose our grip on some Kantian ideas if we become skeptical about free will, but we can preserve some important ones which can do valuable work for free will skeptics. The justification of punishment presented here has consequentialist features but is deontologically constrained by our duty to avoid using others as mere means. It draws on a modified Rawlsian original position (...) in which we assume we are just as likely to be among the punished when the veil of ignorance is raised as we are to be among those protected by the institution of punishment. The justification of remorse presented here is care-based, and draws on the value of sympathizing with people we have wronged, which has a Kantian ground in the duty to take others’ ends as our own. (shrink)

When moral philosophers study ignorance, their efforts are almost exclusively confined to its exculpatory and blameworthy aspects. Unfortunately, though, this trend overlooks that certain kinds of propositional ignorance, namely of the personal costs and benefits of altruistic actions, can indirectly incentivize those actions. Humans require cooperation from others to survive, and that can be facilitated by a good reputation. One avenue to a good reputation is helping others, sticking to moral principles, and so forth, without calculating the personal (...) costs of doing so, e.g., saving someone from a burning building without calculating how personally costly or beneficial it would be. These actions are indirect moral benefits (partly) resulting from that kind of propositional ignorance. (shrink)

This article argues that diverse theorists have reasons to theorize about fairness in nonideal conditions, including theorists who reject fairness in ideal theory. It then develops a new all-purpose model of ‘nonideal fairness.’ §1 argues that fairness is central to nonideal theory across diverse ideological and methodological frameworks. §2 then argues that ‘nonideal fairness’ is best modeled by a nonideal original position adaptable to different nonideal conditions and background normative frameworks (including anti-Rawlsian ones). §3 then argues that the parties to (...) the model have grounds to seek a variety of remedial social, legal, cultural, and economic ‘nonideal primary goods’ for combating injustice, as well as grounds to distribute these goods in an equitable and inclusive manner. Finally, I illustrate how the model indexes the nonideal primary goods it justifies to different nonideal contexts and background normative frameworks, illustrating why diverse theorists should find the model and its output principles attractive. (shrink)

It would be unkind but not inaccurate to say that most experimental philosophy is just psychology with worse methods and better theories. In Experimental Ethics: Towards an Empirical Moral Philosophy, Christoph Luetge, Hannes Rusch, and Matthias Uhl set out to make this comparison less invidious and more flattering. Their book has 16 chapters, organized into five sections and bookended by the editors’ own introduction and prospectus. Contributors hail from four countries (Germany, USA, Spain, and the United Kingdom) and five disciplines (...) (philosophy, psychology, cognitive science, economics, and sociology). While the chapters are of mixed quality and originality, there are several fine contributions to the field. These especially include Stephan Wolf and Alexander Lenger’s sophisticated attempt to operationalize the Rawlsian notion of a veil of ignorance, Nina Strohminger et al.’s survey of the methods available to experimental ethicists for studying implicit morality, Fernando Aguiar et al.’s exploration of the possibility of operationalizing reflective equilibrium in the lab, and Nikil Mukerji’s careful defusing of three debunking arguments about the reliability of philosophical intuitions. (shrink)

This article considers attempts to include the issues of ageing and ill health in a Rawlsian framework. It first considers Norman Daniels’ Prudential Lifespan Account, which reduces intergenerational questions to issues of intrapersonal prudence from behind a Rawslian veil of ignorance. This approach faces several problems of idealisation, including those raised by Hugh Lazenby, because it must assume that everyone will live to the same age, undermining its status as a prudential calculation. I then assess Lazenby's account, which (...) applies Rawls’ general theory of justice more directly to healthcare. Lazenby suggests that we should apply Rawls’ difference principle – which claims that any inequalities in social goods must benefit the worst off – to conclude that we should significantly prioritise treatment of young patients. I argue first that the existence of young terminally ill patients undermines a number of Rawlsian arguments for the difference principle. I then argue that the structure of ageing undermines the Rawlsian decision mechanism of the ‘veil of ignorance’ on which Lazenby relies. I conclude that age and terminal illness present significant problems for any comprehensive Rawlsian account of justice. (shrink)

After identifying in Part I [1] a conceptual confusion (TCC), a Reality preconception (TRP1), and a fallacious dichotomy (TFD), the famous EPR/EPRB [2] [3] [4] [5] [6] argument for correlated ‘particles’ is now studied in the light of the Ontic Probability Interpretation of Quantum Theory (QT/TOPI). Another Reality preconception (TRP2) is found, showing that EPR used and ignored QT predictions in a single paralogism. Employing TFD and TRP2, EPR unveiled a contradiction veiled in its premises. By removing nonlocality from QT’s (...) Ontology [1] by fiat, EPR preordained its incompleteness. The Petitio Principii fallacy was at work from the outset. Einstein surmised the proper solution to his incompleteness/nonlocality dilemma in 1949 [7], but never abandoned his philosophical stance [8]. It is concluded that there are no definitions of Reality: we have to accept that Reality may not conform to our prejudices and, if an otherwise successful theory predicts what we do not believe in, no gedankenexperiment will help because our biases may slither through. Only actual experiments could assist in solving Einstein’s dilemma, as has been proven in the last 50 years. Notwithstanding, EPR is one of the most influential papers in history and has immensely sparked both conceptual and technological progress. Part III of this series further develops QT/TOPI, while scrutinizing the mythical ‘Schrödinger’s Cat’, as well as the ‘Basis’ and ‘Measurement’ pseudo-problems [9]. Part IV introduces QR/TOPI: a new theory that solves the century-old problem of integrating Special Relativity with Quantum Theory [10]. (shrink)

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

Collected and edited by Noah Levin -/- Table of Contents: -/- UNIT ONE: INTRODUCTION TO CONTEMPORARY ETHICS: TECHNOLOGY, AFFIRMATIVE ACTION, AND IMMIGRATION 1 The “Trolley Problem” and Self-Driving Cars: Your Car’s Moral Settings (Noah Levin) 2 What is Ethics and What Makes Something a Problem for Morality? (David Svolba) 3 Letter from the Birmingham City Jail (Martin Luther King, Jr) 4 A Defense of Affirmative Action (Noah Levin) 5 The Moral Issues of Immigration (B.M. Wooldridge) 6 The Ethics of our (...) Digital Selves (Noah Levin) -/- UNIT TWO: TORTURE, DEATH, AND THE “GREATER GOOD” 7 The Ethics of Torture (Martine Berenpas) 8 What Moral Obligations do we have (or not have) to Impoverished Peoples? (B.M. Wooldridge) 9 Euthanasia, or Mercy Killing (Nathan Nobis) 10 An Argument Against Capital Punishment (Noah Levin) 11 Common Arguments about Abortion (Nathan Nobis & Kristina Grob) 12 Better (Philosophical) Arguments about Abortion (Nathan Nobis & Kristina Grob) -/- UNIT THREE: PERSONS, AUTONOMY, THE ENVIRONMENT, AND RIGHTS 13 Animal Rights (Eduardo Salazar) 14 John Rawls and the “Veil of Ignorance” (Ben Davies) 15 Environmental Ethics: Climate Change (Jonathan Spelman) 16 Rape, Date Rape, and the “Affirmative Consent” Law in California (Noah Levin) 17 The Ethics of Pornography: Deliberating on a Modern Harm (Eduardo Salazar) 18 The Social Contract (Thomas Hobbes) -/- UNIT FOUR: HAPPINESS 19 Is Pleasure all that Matters? Thoughts on the “Experience Machine” (Prabhpal Singh) 20 Utilitarianism (J.S. Mill) 21 Utilitarianism: Pros and Cons (B.M. Wooldridge) 22 Existentialism, Genetic Engineering, and the Meaning of Life: The Fifths (Noah Levin) 23 The Solitude of the Self (Elizabeth Cady Stanton) 24 Game Theory, the Nash Equilibrium, and the Prisoner’s Dilemma (Douglas E. Hill) -/- UNIT FIVE: RELIGION, LAW, AND ABSOLUTE MORALITY 25 The Myth of Gyges and The Crito (Plato) 26 God, Morality, and Religion (Kristin Seemuth Whaley) 27 The Categorical Imperative (Immanuel Kant) 28 The Virtues (Aristotle) 29 Beyond Good and Evil (Friedrich Nietzsche) 30 Other Moral Theories: Subjectivism, Relativism, Emotivism, Intuitionism, etc. (Jan F. Jacko). (shrink)

The aim of the present paper is to offer an interpretation of the Rawlsian original position coherent with its own theory of justice. An evaluation of the aforementioned mechanism is presented. Afterwards, in light of it, a solution of the existing overlapping between its elements is offered. The solution is to consider the formal constraints as «partial conclusions», excluding them from the original position. The original position, as an «intermediate stage» aimed at representing the philosophical foundations of Rawls's theory in (...) a way that could provide the deduction of the principles of justice, cannot include straightforwardly any characteristic of those principles, not even the formal ones. The remainder of the elements of the original position (the idea of a contract, the circumstances of justice, the veil of ignorance and the rationality of the parties), acting conjointly, allow for the deduction of the formal constraints themselves. In addition, they also engender the same effects on the exclusion of egoism as a proposal of principles of justice. (shrink)

In A Theory of Justice, John Rawls presents a method of determining how a just society would allocate its "primary goods"-that is,those things any rational person would desire, such as opportunities, liberties,rights, wealth, and the bases of self-respect. (1) Rawls' method of adopting the"original position" is supposed to yield a "fair" way of distributing such goods.A just society would also have the need (unmet in the above work) to determine how the victims of injustice ought to be compensated, since history (...) suggests that social contracts are likely to be violated. This paper is an attempt to determine the remedial measures that would be selected using Rawls' method. I contend that only two of the three most widely used "affirmative action" policies would be selected from the original position. I also sketch another compensatory policy that would pass Rawls' fairness test. (shrink)

In A Theory of Justice, John Rawls presents a method of determining how a just society would allocate its "primary goods"-that is, those things any rational person would desire, such as opportunities, liberties, rights, wealth, and the bases of self-respect. Rawls' method of adopting the "original position" is supposed to yield a "fair" way of distributing such goods. A just society would also have the need (unmet in the above work) to ascertain how the victims of injustice ought to be (...) compensated, since history strongly suggests that social contracts are likely to be violated. This paper sets forth the remedial measures that would be selected using Rawls' method. I contend that only two of the three most widely used "affirmative action" policies would be selected from the original position. I also sketch another compensatory policy that would pass Rawls' fairness test. (shrink)

Whether it seems that you know something depends in part upon practical factors. When the stakes are low, it can seem to you that you know that p, but when the stakes go up it'll seem to you that you don't. The apparent sensitivity of knowledge to stakes presents a serious challenge to epistemologists who endorse a stable semantics for knowledge attributions and reject the idea that whether you know something depends on how much is at stake. After arguing that (...) previous attempts to meet this challenge fall short, I offer a new solution: the unassertability account. The account starts with the observation that high stakes subjects aren't in an epistemic position to assert. We generally presuppose that knowing is sufficient for epistemically proper assertion, but this presupposition only stands up to scrutiny if we draw a distinction between two notions of epistemic propriety, and we shouldn't expect ordinary speakers to draw it. A subject in a high stakes situation who fails to draw the distinction will be led by the sufficiency claim to treat anything she isn't in a position to assert as something she isn't in a position to know. The sensitivity of epistemically proper assertion to practical factors explains the merely apparent sensitivity of knowledge to stakes. (shrink)

The core idea of secular Buddhism is to grasp the spirit of early Buddhism and transpose it into the present. An application of this idea to the doctrine of rebirth leads to the following result: -/- The doctrine of rebirth cannot be revised in a strict sense, but there are some striking similarities between the ancient and modern (biological) view on the topic. Since the stream of genetic and epigenetic information has the power to create consciousness and reflects experiences of (...) past lives, it can be associated with the stream of consciousness (cittasantana) in the Mahayana model of rebirth. Parents not only determine the genetic constitution of their children, but they also transfer character traits by means of epigenetic heredity. If genetic inheritance is associated with karma, then genes become an element of synchronic and diachronic connectedness (pratitya-samutpada). Instead of an individual learning process across successive lives, there is a collective learning process across successive generations. -/- Given the biological model of rebirth, the belief in cosmic justice turns into a quest for mundane justice. There is a thought experiment for constructing such a concept, which complies well with the secular Buddhist spirit. John Rawls assumes that the legislative deliberation is taking place “behind a veil of ignorance”, so that the participants of the deliberation do not know their future genetic constitution and their future position within the society. If the participants imagine that their future self is contingent and impermanent – in accordance with the Buddhist doctrine of anatta and anitya – then the resulting principles of justice will be impartial. (shrink)

Holly Smith (2014) contends that subjective deontological theories – those that hold that our moral duties are sensitive to our beliefs about our situation – cannot correctly determine whether one ought to gather more information before acting. Against this contention, I argue that deontological theories can use a decision-theoretic approach to evaluating the moral importance of information. I then argue that this approach compares favourably with an alternative approach proposed by Philip Swenson (2016).

John Rawls’ A Theory of Justice allows social facts behind his veil-of-ignorance, thereby lessening the veil’s capacity for neutrality and defense of liberal principles. Rawls assumes social facts are discoverable without presupposed political values. But even if value-neutral social science is possible, real-world opinions, defined by political/social world-views, open the veil to bias since social facts from a non-liberal view may bolster non-liberal programmes. Alternatively, depriving those behind the veil of knowledge of social facts strips (...) them of vital information necessary for creating a just, well-organized society. These reservations do not constitute decisive criticisms but point out unresolved tension in Rawls’ original position, and the veil’s status of neutrality is undermined. (shrink)

Keith DeRose’s new book The Appearance of Ignorance is a welcome companion volume to his 2009 book The Case for Contextualism. Where latter focused on contextualism as a view in the philosophy of language, the former focuses on how contextualism contributes to our understanding of some perennial epistemological problems, with the skeptical problem being the main focus of six of the seven chapters. DeRose’s view is that a solution to the skeptical problem must do two things. First, it must (...) explain how it is that we can know lots of things, such as that we have hands. Second, it must explain how it can seem that we don’t know these things. In slogan form, DeRose’s argument is that a contextualist semantics for knowledge attributions is needed to account for the “appearance of ignorance”—the appearance that we don’t know that skeptical hypotheses fail to obtain. In my critical discussion, I will argue inter alia that we don’t need a contextualist semantics to account for the appearance of ignorance, and in any case that the “strength” of the appearance of ignorance is unclear, as is the need for a philosophical diagnosis of it. (shrink)

Constellations, Volume 28, Issue 3, Page 368-378, September 2021.

From year to year some of us, people of planet Earth, Earthlings, attacks intensify on the veto right in the UN Security Council. They consciously or unconsciously ignore its metaphisical, ontological and existential statuses established in 1945 by the founders of the United Nations as a result of the multimillion sacrificial struggle of all Humanity against nazism. Perhaps this is due to a misunderstanding of the metaphysics of international relations, the enduring existential significance of the veto for the viability of (...) the entire UN system in the nuclear-ecological information era, or because of the veiled, formal-procedural veto status enshrined in the UN Charter. The authors of the attacks substantiate their conclusions by the "non-democracy", "ineffectiveness" of the UN Security Council, "unfair privileges" of the five permanent members of the Security Council ("P1945"), a significant increase in the number of UN member states after 1945, the fate of the League of Nations, "geopolitical realities". According to the attackers, the veto in the UN Security Council makes the decision-making process "unequal and abortive", which does not contribute to maintaining peace and preventing civil wars, genocide, violation of human rights and aggression in international relations. Some politicians and experts propose not only to limit the veto right of the five permanent members of the UN Security Council, but to completely deprive them of this right, which, as we know, are nuclear powers and bear the main responsibility for international security, the preservation of peace and life itself on planet Earth. Taking into account 75-years experience in the use of the veto right in the UN Security Council, with the aim of strengthening the historical, metaphysical, existential and procedural-legal significance of the veto right, its fundamental role in resolving the most complex international problems in the context of the constantly increasing threats and risks of our times during the reform of the UN Security Council with the increased number of members of the Security Council, the UN Charter must establish two essential levels of the veto right: 1. Absolute (unconditional, eternal) veto — "VETO1945": 2. Conditional (limited) veto. (shrink)

As is the case in other situations of deep uncertainty, the unknowns related to the COVID-19 pandemic have aroused a great deal of attention in the media. Drawing insights both from mediatization theory and ignorance studies, we discuss the coverage of the AstraZeneca vaccine controversies to develop a new concept that we call the mediatization of ignorance. In doing so, we conceptualize the procedure through which unknowns become mediatized as a three-step process that results from a combination of (...) logics from the areas of politics, health, and science/industry. Moreover, we argue that the mediatization of ignorance may have promoted vaccine hesitancy at a moment when vaccination was crucial for addressing the COVID-19 pandemic. We conclude by suggesting the need to explore in further detail the role that ignorance plays not only in the management of the COVID-19 crisis but also in different areas of society. (shrink)

I argue against the Standard View of ignorance, according to which ignorance is defined as equivalent to lack of knowledge, that cases of environmental epistemic luck, though entailing lack of knowledge, do not necessarily entail ignorance. In support of my argument, I contend that in cases of environmental luck an agent retains what I call epistemic access to the relevant fact by successfully exercising her epistemic agency and that ignorance and non-ignorance, contrary to what the (...) Standard View predicts, are not modal in the sense that knowledge is. After responding to objections, I conclude by sketching an alternative account of ignorance centered on the notions of epistemic access and epistemic agency. (shrink)