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

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

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

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

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

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)

This article defends the use of fanciful examples within the method of wide reflective equilibrium. First, it characterizes the general persuasive role of described cases within that method. Second, it suggests three criteria any example must meet in order to succeed in this persuasive role; fancifulness has little or nothing to do with whether an example is able to meet these criteria. Third, it discusses several general objections to fanciful examples and concludes that they are objections to (...) the abuse of described cases; they identify no special problem with fanciful examples. (shrink)

This review is a critical evaluation of the main points of Steven D. Hales’ significant book: Relativism and the Foundations of Philosophy. To that end, I will first summarize his major line of argument pointing out to the richness and significance of the book. After that, I will argue that Hales’ account of intuition is subject to the challenge shown by some recent works written on the topic, and that it postulates a concept of knowledge that opposes Gettier’s one, without (...) arguing why it is so. And, I will show that except rational intuition, none of the methods adopted by Hales are adequate to acquire beliefs about philosophical propositions. Next, I will argue that his method of wide reflective equilibrium is committed to foundationalism and conservatism, and that all what his criticism of skepticism show is that skepticism is true. Also, I will try to show that his form of perspectival relativism is committed to the problem of infinitum; it is incompatible with his foundationalism. It is powerless regarding some forms of skepticism, sharing the same source with some others. It is not progressive, and not perspectival enough regarding Goldman’s view, naturalists’ view, and its alternatives. And, if it is perspectival enough, then it refutes itself. (shrink)

The discussion develops the view that public justification in Rawls’s political liberalism, in one of its roles, is actualist in fully enfranchising actual reasonable citizens and fundamental in political liberalism’s order of justification. I anchor this reading in the political role Rawls accords to general reflective equilibrium, and examine in its light the relationship between public justification, pro tanto justification, political values, full justification, the wide view of public political culture and salient public reason intuitions. This leaves (...) us with the question of how a more plausible, post-Rawlsian political liberalism should understand the commitment to discursive respect and robust discursive equality that is reflected in its view of actualist and fundamental public justification. (shrink)

An overview of Kai Nielsen's philosophy focusing on his contributions to metaphilosophy and a critical theory based on wide reflective equilibrium, global justice, and egalitarianism.

I want to examine the implications of a metaphysical thesis which is presupposed in various objections to Rawls' theory of justice.Although their criticisms differ in many respects, they concur in employing what I shall refer to as the continuity thesis. This consists of the following claims conjointly: (1) The parties in the original position (henceforth the OP) are, and know themselves to be, fully mature persons who will be among the members of the well-ordered society (henceforth the WOS) which is (...) generated by their choice of principles of justice. (2) The OP is a conscious event among others, integrated (compatibly with the constraints on knowledge and motivation imposed on the parties) into the regular continuity of experience that comprises each of their ongoing constitutes lives. (3) The parties in the OP thus are, and regard themselves as, psychologically continuing persons, partially determined in personality and interests by prior experiences, capable of recollection and regret concerning the past, anticipation and apprehensiveness regarding the future, and so on. Although the continuity thesis as stated above is not at odds with any of the conditions that define the OP, its exegetical validity is a matter for discussion. I shall be concerned to argue that if it is indeed contained in or a consequence of Rawls' theory, then it casts into doubt the capacity of the OP to generate or justify any principles of justice at all. On the other hand, if the continuity thesis is viewed as dispensable and unnecessary to the Rawlsian enterprise, then Rawls is correct in maintaining the irrelevance of the question of personal identity to the construction of his moral theory. In this case, the contract-theoretic, instrumentalist justification for the two principles of justice (henceforth the 2PJ) needs to be supplanted by a modified conception of wide reflective equilibrium. The considerations that form the bulk of this discussion then may be understood as providing a rationale for Rawls' recent revisions in the model of justification on which his theory of justice rests, and for his increasing emphasis on us as moral mediators between the OP and the WOS. Now I want to consider the question of whether or not, given the textual evidence, anything like the continuity thesis is stated or implied by Rawls, and what problems for his theory, if any, turn on a positive or negative answer to this question. -/- . (shrink)

There are three widely held beliefs among epistemologists: (1) the goal of inquiry is truth or something that entails truth; (2) epistemology aims for a reflectively stable theory via reflective equilibrium; (3) epistemology is a kind of inquiry. I argue that accepting (1) and (2) entails denying (3). This is a problem especially for the philosophers (e.g. Duncan Pritchard and Alvin Goldman) who accept both (1) and (2), for in order to be consistent, they must reject (3). The (...) tension is not restricted to epistemology. A similar tension also exists in the area of moral philosophy. The tension can be generalized. If one believes that the goal of inquiry is truth or something that entails truth and that philosophy aims for a reflectively stable theory via reflective equilibrium, she must deny that philosophy is a kind of inquiry. (shrink)

In this article, I argue that the neuroethics of cognitive enhancement can help us bridge the explanatory gap between metaethics and bioethics and throw light on the classic gap between moral beliefs and neural correlates of brain processes. Insofar as it unveils the irreducibility of first-person propositional attitudes, neuroethics allows for justifying cosmetic, pharmacological interventions so as to bring about human enhancement, regardless of descriptive accounts of its neural correlates and independently of the cognitivist, noncognitivist or hybrid inputs of metanormative (...) theories. Precisely because it cannot provide the ultimate grounds for any conservative, libertarian or liberal attitudes towards cognitive enhancement, neuroethics is better conceived in terms of a Rawlsian-like wide reflective equilibrium, procedurally and without any specific substantive commitment to any moral or comprehensive doctrine of sorts. (shrink)

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

This paper straightforwardly addresses one of the strongest, from an ethical perspective, objections presented to the duty to die, the one concerned with the lack of a normative theory to support it, offered by Seay in his paper Can there be a “duty to die” without a normative theory? The aim of the paper is to provide strong metaethical grounds to support the duty to die without the need of a moral normative theory. First, the definition and main argument for (...) the duty to die will be presented. Second, Seay’s objection will be described and clearly explained. Third, our metaphysical assumptions and a preliminary metaethical discussion will be offered to situate and understand the context. Finally, we will show how the duty to die can be integrated within the metaethical approach previously presented, defending that there is no need of a normative theory to provide good justification and strong ethical grounds for the duty to die, because they will have already been provided by our metaethical argument. (shrink)

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

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

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

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

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

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

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

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

(Please note: the main ideas of this paper are restated in revised/developed form in: "On actualist and fundamental public justification in political liberalism" and "Patterns of justification: on political liberalism and the primacy of public justification". Both papers are available from philpapers.) The paper suggests the deep view of Rawls-type public justification as promising, non-ideal theory variant of an internal conception of political liberalism. To this end, I demonstrate how the deep view integrates a range of ideas, views and commitments (...) at the core of political liberalism’s justification structure, including pro tanto justification, full justification, political values and their priority, justificatory neutrality, the role of reasonable comprehensive views, the nature public reasons, the wide view of public political culture, the role of overlapping consensus and political legitimacy, and not least, the status of reflective equilibrium and the Original Position. I then contrast the deep view with Quong’s ideal theory variant if the internal conception, and argue that we should prefer the deep view. Thus, the prospects of political liberalism depend not so much on whether we find ways to make ideal theory relevant for non-ideal purposes. Rather, it depends on whether political liberalism can devise a credible response to the problem of public dogma. (shrink)

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

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

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

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

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

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

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

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

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

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

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

All societies have to balance privacy claims with other moral concerns. However, while some concern for privacy appears to be a common feature of social life, the definition, extent and moral justifications for privacy differ widely. Are there better and worse ways of conceptualising, justifying, and managing privacy? These are the questions that lie in the background of this thesis. -/- My particular concern is with the ethical issues around privacy that are tied to the rise of new information and (...) communication technologies (henceforth “ICT”). The focus here is on technologies involved in processing personal data in its broadest sense, including “any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.” The issue of moral concern is commonly designated as that of 'data privacy'. -/- The first step is to consider why privacy matters, or ought to matter, in the first place. And here we run into our first difficulty, since both the conceptualisation of privacy and the justification for the right to privacy are matters for contention. On the one hand, we are animated by a moral concern for privacy in some sense; on the other, we lack the conceptual and moral resources for making sense of this concern or for promoting particular social policies and criticising others. This often-cited dichotomy and its ensuing confusion have been the central motivation for most of the philosophical literature on privacy – including this thesis. -/- In what follows, I will suggest a way out of the confusion that pervades the current debate on data privacy. I will essentially argue two claims: one, that the concept of (data) privacy is uniquely characterised by a particular context within which we exchange information; two, that because (data) privacy constitutes an intrinsic value, its moral concerns and justifications ought to be deliberated as such. -/- The first chapter sketches the current data privacy landscape by introducing a number of concepts and arguing the unique nature of the landscape. I argue that the traditional distinction between four kinds of privacy (physical, mental, decisional and informational) is no longer accurate, given the technological context that reduces, unifies and processes all aspects of people’s lives by means of digital data. In fact, to hold on to the distinction leads to a fundamental misconception of data privacy. I further argue that today’s distinction between data protection and data privacy runs the risk of ignoring the fact that the former is an inherent aspect of the latter. These arguments allow me to settle on a (provisional) definition of data privacy: controlling how data about identifiable people is processed by ICT. -/- Next, I draw a line between descriptive and normative accounts of data privacy, and explain why this book belongs to the latter category. After a brief discussion of the coherence and distinctiveness theses, and of the difference between instrumental and intrinsic theories of privacy, I introduce the problem of data privacy as a distinct, coherent, and intrinsic moral concern. Three arguments support this position: one, data privacy is a coherent moral concern because it is motivated by a singular moral concept; two, data privacy is a distinct moral concern because the privacy challenges we face today are of a fundamentally new nature – distinct from any moral concerns we’ve faced in the past; and three, data privacy is an intrinsic moral concern that is predominantly justified, not by what it instrumentally protects us from, but by what it intrinsically constitutes. -/- Chapter Two makes the case against a harm-based, consequentialist approach to data privacy. After a brief introduction to the basic tenets of consequentialism I discuss harm-based arguments in favour as well as against privacy. I explain how privacy may protect us against psychological distress, but at the same time constitute the source of that distress; how privacy may be necessary for the proper functioning of democratic societies, but at the same time provide a cloak for anti-social and immoral behaviour; and how privacy protects us against the improper use of our personal data by others, but at the same enables us to conceal information or spread false information about ourselves in ways that are harmful to others. Next, I argue that consequentialism essentially relies on two flawed presumptions – that we know what harm is, and that we know how to predict it – and discuss the controversies surrounding definitions and predictions of harm. This argument becomes especially pertinent in today’s rapidly changing technological context: we may guess, and make assumptions, perhaps even find correlations, but don’t really know or understand (yet) with any degree of certainty the harmful consequences today’s data privacy violations are causing or will eventually cause – if any. -/- I illustrate this with examples of recent data privacy violations, and with a brief overview of consequentialist arguments for and against data privacy. Those who invoke consequentialist arguments against data privacy claim that personal data is nothing more than a raw material that can be turned into something useful and valuable without harming anyone. Choosing to move fast and break things – a popular mantra that promotes the benefits of technological “permissionless innovation” over and above its risks and costs – they draw our attention to the many benefits free data flows generate. Those who rely on consequentialist arguments in favour of data privacy, on the other hand, insist on actual and potential misuse of personal data. Rather careful than sorry, they draw our attention to the urgent need to take back control and protect ourselves against data privacy violations – precisely because we don’t know which harm they may cause in the future. Others go one step further and argue that these violations are part of a broader ideology of power. -/- What Chapter Two demonstrates is that vague definitions, unreliable predictions and inconclusive allegations of harm from both sides of the debate perpetuate a stalemate that fails to produce morally defensible answers to our growing data privacy concerns. Deliberating about data privacy from a consequentialist perspective is a dead end. -/- Chapter Three proposes an alternative to the harm-based approach, namely that privacy is an intrinsic value that deserves moral protection for its own sake. After a brief account of what I take values to be, and why we have a need to protect them, I introduce the foundational value of respect for persons, and lay out my main argument in two steps. The conceptual component of my argument returns to the definition of data privacy I had temporarily settled on in Chapter One, but now with the added consideration of the particular context, and particular circumstances and attitudes, within which information is exchanged. This addition is crucial, as it reveals the fundamental value that is at stake in our data privacy concerns, namely the inherent value of each and every person, which we protect by upholding an ethical principle commonly known as the principle of respect for persons. It is for this reason that the violation of privacy cannot (only) be expressed in terms of harm. I further argue that the principle of respect for persons is consistent with, and in fact unthinkable without, some degree of privacy. -/- I reply to potential challenges to a value-based approach to data privacy by showing that (i) values and value trade-offs are fundamentally different from consequential benefits and cost-benefit analyses; (ii) the suspension of one value in favour of another is not inherently contradictory; what matters is morally defensible deliberation about values and valid individual consent; (iii) data privacy concerns cannot be reduced to other moral concerns and therefore deserve a specific, distinct protection. -/- Finally, because this is a thesis in applied ethics, I attempt an answer to the question as to how we ought to apply a value-based approach to practical data privacy concerns. I argue that a revised, three-pronged version of John Rawls’ reflective equilibrium, founded on the non-negotiable principle of respect for persons, is the best possible procedure to deliberate data privacy concerns in relation to other moral values. (shrink)

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

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

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

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

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

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

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

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

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

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

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

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

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

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