Gender-affirming healthcare interventions are medical or surgical interventions that aim to allow trans and non-binary people to better affirm their gender identity. It has been argued that rights to GAH must be grounded in either a right to be cured of or mitigate an illness—gender dysphoria—or in harm prevention, given the high rates of depression and suicide among trans and non-binary people. However, these grounds of a right to GAH conflict with the prevalent view among theorists, institutions and activists (...) that trans and non-binary people do not have a mental illness and that one can be trans and entitled to GAH without being depressed or suicidal. This paper challenges the orthodoxy that a right to GAH must be grounded in either of these ways and instead argues for a right to GAH grounded in a right to live and act with integrity. The standard view, which this paper explains, is that our rights to live and act with integrity ground a right to religious accommodation in many cases such as a right to not be denied social security due to one’s refusal to work a job on a holy day. This paper argues that if our rights to live and act with integrity can ground prima facie rights to religious accommodation, our rights to live and act with integrity ground prima facie rights to GAH. There are no data in this work. (shrink)

This paper provides a reconsideration of Hobbes’s conception of basic rights, specifically its denial of the doctrine that someone’s having a basic right always correlates with another or others having duties or obligations with respect to that right. Various arguments denying this doctrine are considered, including that basic rights are effectively moral exemptions from obligations or are subordinate components of a system of Hohfeldian liberty-rights to which no person-specific duty or obligation correlates. But these maneuvers side-step the (...) full force of Hobbes’s understanding of basic rights as independent of any interpersonal relationship or system of rules, even those to which individuals may have agreed. The mere fact of others having basic rights is irrelevant to the having of one’s own. Part III argues that because Hobbes identifies morality with prudence, he cannot ascribe basic rights to all persons without adopting a version of ethical egoism—impersonal egoism—that cannot accommodate a set of basic rights that are consistently ascribable to all. The paper concludes with an argument showing that Hobbes’s analysis of basic rights fails because it disregards the moral context presupposed by both coherent rights-claims and the nature and degree of correlativity that a system of basic rights presupposes. (shrink)

A number of health care professionals assert a right to be exempt from performing some actions currently designated as part of their standard professional responsibilities. Most advocates claim that they should be excused from these duties simply by averring that they are conscientiously opposed to performing them. They believe that they need not explain or justify their decisions to anyone; nor should they suffer any undesirable consequences of such refusal. Those who claim this right err by blurring or conflating three (...) issues about the nature and role of conscience, and its significance in determining what other people should permit them to do (or not do). Many who criticize those asserting an exemption conflate the same questions and blur the same distinctions, if not expressly, by failing to acknowledge that sometimes a morally serious agent should not do what she might otherwise be expected to do. Neither side seems to acknowledge that in some cases both claims are true: a conscientious professional should not do her professional duty AND others need not permit or excuse her refusal. I identify these conflations and specify conditions in which a professional might reasonably refuse to do what she is required to do. Then I identify conditions in which the public should exempt a professional from some of her responsibilities. I argue that professionals should refuse far less often than most advocates do . . . and that they should be even less frequently exempt for that failure. Finally, there are compelling reasons why we could not implement a consistent moral policy giving advocates what they want, likely not even in qualified form. (shrink)

In this article, I examined the various ethical problems raise to morally discount homosexuality. I found that so far no moral argument proved adequate ground to discount homoeroticism. However, I have developed the ‘Two-Way Test’ (TWT) by which the social acceptability of any sexual relation should be tested for moral validity. From the analysis, homosexuality was found to have failed the test. That is to say, homosexuality is not a morally valid act. Despite that, the immoral status of homosexuality did (...) not constitute sufficient ground for its criminalization, because not all immoral acts are criminalized but only those that impede the right or liberty of others. In conclusion, the paper submitted that although homosexuality had failed the TWT it does not call for violence, criminalization and discrimination against persons of homosexual orientation but that homosexuals should be accommodated without deliberately discouraging heterosexual relationship. My advocacy for sexual tolerance is based on the grounds that ongoing biological research has so far shown the phenomenon as biological reality beyond the personal control of most homosexuals. (shrink)

Moral philosophers generally regard pacifism with disdain. Forty years ago, Jan Narveson called it a "bizarre and vaguely ludicrous" doctrine, and that assessment is, in some form or other, still common today. Few contemporary ethicists self-identify as pacifists, and in peace and war studies, just war theory is now the standard. That standard perpetuates the stereotype of pacifism as naïve and wrongheaded. The only way to make nonviolent commitments respectable under the prevailing view is by subsuming them under just war (...) logic, as in John Lango's recent appeal for nonviolent interventionism. In brief, just war theory dominates the discourse. What makes this dominance problematic is that just war theory systematically misconstrues and caricatures the pacifist position. Pacifist commitments can only be properly understood when the lenses of just war theory are put aside. Only then is it possible to understand why pacifism appears ridiculous in the literature. Straw men usually do. (shrink)

Moral fundamentalism is the habit of acting as though one has access to the exclusively right way to diagnose problems, along with the single approvable practical solution to any particular problem. This approach causes us to oversimplify situations, neglect broader context, take refuge in dogmatic absolutes, ignore possibilities for finding common ground, assume privileged access to the right way to proceed, and shut off honest inquiry. In this way, moral fundamentalism-exacerbated by social media silos-also makes the worst of native impulses (...) toward social bonding and antagonism. This makes it impossible to debate and achieve superordinate social goals, such as public health, justice, security, sustainability, peace, and democracy. Drawing from John Dewey's pluralistic and pragmatic approach to philosophical questions, Steven Fesmire develops an alternative to both the oversimplification of moral fundamentalism and the arbitrariness of relativism. His pragmatic pluralism is set up as a response to particular conditions and consequences, so it gains practical leverage with complex ethical, political, educational, and policy problems without flattening variability among values or presuming that abstract theories can determine what we ought to do. He argues that the reductive monistic premise that logically underlies moral fundamentalism is both unwarranted and constrictive, and there is little to be said in favor of the grand philosophical quest for a unifying principle that cannot be accommodated within a wider pluralistic approach. In a concrete and engaging style, Fesmire clarifies and illustrates the promises and challenges of democratic decision-making in societies struggling to grow beyond moral fundamentalism. (shrink)

That many values can be consequentialized – incorporated into a ranking of states of affairs – is often taken to support the view that apparent alternatives to consequentialism are in fact forms of consequentialism. Such consequentializing arguments take two very different forms. The first is concerned with the relationship between morally right action and states of affairs evaluated evaluator-neutrally, the second with the relationship between what agents ought to do and outcomes evaluated evaluator-relatively. I challenge the consequentializing arguments for both (...) forms of consequentialism. The plausibility of the evaluator-neutral consequentializing of certain values, I argue, in fact establishes the implausibility of an evaluator-neutral consequentialist account of such values. The problems that beset this evaluator-neutral consequentializing argument do not beset its evaluator-relative counterpart. But I demonstrate that evaluator-relatively consequentialized theories can also readily be ‘deontologized’, located within an alternative evaluative framework that is congenial to the articulation of nonconsequentialist moral theories. Such an alternative framework can accommodate what is compelling in consequentialists’ ‘Compelling Idea,’ and what is attractive in their Explanatory Thought. This alternative, moreover, can function as a shared evaluative framework within which the merits of consequentialist and nonconsequentialist alternatives can be considered without begging the question either way. (shrink)

There is a tension between the reasonable desire not to be judgmental of other people’s behaviour or character, and the moral necessity of making negative judgments in some cases. I sketch a way in which we might accommodate both, via an evaluation of the good of reputation and the ethics of judgment of other people’s character and behaviour. I argue that a good reputation is a highly valuable good for its bearer, akin to a property right, and not to be (...) damaged without serious reason deriving from the demands of justice and the common welfare. Rash judgment wrongfully damages reputation and is sometimes a seriously immoral act. Rashness is not merely about lack of evidence, but involves lack of charity and is to be avoided even in some cases where the evidence of bad character or action is epistemically sufficient for judgment. I argue that the desirability of a good name for its holder, whether the reputation is deserved or not, means that in all but a relatively narrow range of cases it is always wrong to think badly of someone, even if they are bad. (shrink)

June 2022 A Revolutionary New Metaphysics, Based on Consciousness, and a Call to All Philosophers We are in a unique moment of our history unlike any previous moment ever. Virtually all human economies are based on the destruction of the Earth, and we are now at a place in our history where we can foresee if we continue on as we are, our own extinction. As I write, the planet is in deep trouble, heat, fires, great storms, and record flooding, (...) weather patterns drastic everywhere. Capitalism has been so successful in supplying us with an endless array of consumer items, that we have never noticed there is a cost. But there is a cost, the cost is the very life of the Earth herself, and now the day of reckoning is here. Days of reckoning are most often days of rath. But I am hoping that this is a day of major Awakening over the entire planet. We have caused a crisis so great for the Earth we can hardly get our minds around it. But I am proposing that deeply embedded in the crisis are ideas, about who and what the Earth is, Ourselves, and what we are here for. I am proposing that this is a call to all philosophy and philosophers to rethink ourselves from the ground up. The human race has never gotten the Earth right and now we must, for the Earth is the true foundation for civilization. We are in deep trouble with the Earth, and it owes to the fact that the great male thinkers never got the Earth right, they could never make the connection between the life of mind and the life of the Earth. I am proposing that deeply embedded in the crisis we are in are ideas. And that in fact the planet is in the grip of a false metaphysics, and scientific image of nature that really comes most recently from Descartes. His conviction that matter, and with it the Earth, are simply the weighable, the measurable the extended in space and time, utterly devoid of any inner life of mind thoughts or Consciousness. This view of matter and the Earth goes back to the very dawn of thought, Descartes is just its most recent and comprehensive version of things. This view of matter is really a false metaphysics that dominates most of the modern world and underpins the whole scientific image of nature itself. I am proposing this is a false metaphysics and offering a new version of things based on Consciousness. If there is a single idea fueling and driving the destruction of the planet, it is the conviction that the Earth is something without Consciousness. When you intend to ravage and savage the planet, turn it into consumer items to be converted into money in the bank, first pretend that all of the bright beings in the natural world are devoid of Consciousness, just “things” you do not have to have any conscious about destroying them. I am proposing that this term Consciousness, that has appeared as term and a problem for modern science, is the key to getting ourselves right with the Earth. I propose this new theory for science will ramify into every other disciplines as well, and the ways we think just about everything. This old paradigm based on a false theory of matter, has run its course, it has brought us to the brink of our own extinction. We need new ideas, and we need them now. You will find my recent work in the Scientific God Journal under the title: Consciousness as the Organizing Principle, and a very complete version of my arguments for this term Consciousness, along with radical reinterpretation of modern science itself, on the Galileo Commission site. It is a radical moment for all of the thinkers among us, take this as my small contribution to rethinking ourselves in new terms, based on my understanding that the true basis for the whole of Being, the Universe, the Cosmos, and with them Ourselves, is this term Consciousness. And unpack it. And I predict that with this term Consciousness every intractable human problem in both science and the modern world will go down like a line of dominos before it. And so, here are a few new ideas I would offer you. These are the times of the Reappearance of the Feminine, a great Awakening as of Springtime after a long dark and lonely Winter. We are leaving behind us an old civilization based on male dominance, fear lies and control, now in decay, disease, and death disintegrating all around us. We are moving into a whole new civilization based on Love and Truth. A new civilization requires new basic terms values and first principles. And so, I return to Descartes. 1. Just over 300 years ago a young man travelling with the army found himself stranded in a foreign town in a bare room lit by a candle with nothing to do but think. And in a couple of nights Descartes laid the entire thought foundations for modern science and most of the modern world. It isn’t clear that modern philosophers with their funding sources of grants, their graduate students, their reputation and all the perks and privileges of academia can do any better. Descartes claimed there are just two principles in the Universe, Matter and Mind. God was pure mind; human beings were mind and matter. And we are the only ones on the planet with mind. Everything else all of the bright array of beings who share the planet with us are simply matter. And matter? The weighable the measurable the extended in space and time utterly devoid of any inner life of thoughts, feelings, or Consciousness This classification was a boon for developing science. Scientists did not have to worry about any inner life in nature, ideas or Consciousness, they could just set about weighing and measuring, as they have until the present day. But it was a disaster for the Earth. Earth was once worshiped as a Goddess. With Descartes she became almost overnight “things.” Simply commodities and resources, an endless of supply of consumer items, to be turned into money in the bank. And now Descartes concept of matter is up for us. If there is a single idea that is enabling and driving the destruction of the Earth, it is the conviction that Earth is something without Consciousness. This whole scientific image of nature as something devoid of Consciousness is driving the destruction of the Earth, and driving us all insane, and it needs to change. Ever since Descartes formulated Dualism, scientists and philosophers have been trying to get rid of it. They have done this by attempting to make matter the fundamental term of reality, and to explain mind or Consciousness in terms of matter. And now, Consciousness has emerged as term and a problem for modern science. 2. The prevailing Universe picture has been mainly based on the belief that Consciousness appears only at the end of evolution in ourselves and some of the higher animals when matter attains “a certain state of complexity” and it is produced by neurons in the brain. But Consciousness is nothing real in itself, the neurons are doing the work, Consciousness is simply a byproduct of neural activity. As William James summed up this position, not his: Consciousness is to the brain as a shadow to the runner, it runs beside him but never influences his stride. And so, the great problem of neuroscience: How do neurons produce Consciousness? So far, no one has been able to say how. All we have is parallelism. Two processes are running in parallel a train of neural events and a train of Consciousness events. And so, which one is primary? The face of neuroscience and much of the modern world is that the neural events are what is really real, Consciousness is secondary. The conviction that Consciousness is something produced by neurons is so deeply held and has been so for so long, that it seems like an obvious fact. It is in fact an assumption and a theory, and it could all well be the other way around. The scientific image of nature as something devoid of Consciousness is now up for us. It has enabled the destruction of the Earth, and we are now at a unique place in our own evolution where we can foresee if we continue on as we are, our own extinction. And so, there are the best reasons for rethinking Descartes concepts of matter. Scientists and philosophers have been trying to escape dualism by making matter the fundamental term. And now, this has not worked. In a nutshell: The mind body problem, the “hard problem of Consciousness” ---how do neurons in the brain, atoms and molecules give rise to ideas thoughts and feelings and who what and where is the “I” who sees them? And then, the near-death experience. I remind you of the truth of the near-death experience. The body in the bed is brain dead eeg flat, but the patient, pure Consciousness is hovering at the ceiling watching the doctors work over the body below, able to read dials he could not have seen from the bed, sometimes able to events in the corridor beyond the room, all subsequently confirmed by the doctors. Evidence as good as it gets that the patient really was out of his body. And so, the patient is able to see without eyes, hear without ears and to think and remember without a brain. There is not a single scientific principle that can account for this. And I am proposing that the near-death experience is a threshold and a key for a much deeper understanding of the Universe. These three problems are so hard they cannot be solved by present scientific principles and therefore call all present principles and ways of thought into question. When your axioms cannot account for the data, it is time to drop them and find better fundamental terms. We have not been able to solve the problems of Consciousness with the assumption that matter is the most basic and fundamental term. And so, if Cartesian dualism is to be overcome at all, we need to try it the other way around. 3. We are in the position of Copernicus. Remember Copernicus? He was making his calculations on the assumption that the Earth was the center of the Universe until they became so unwieldy that he decided to try it all the other way around. To make the sun the center, the Earth revolving around it. And lo, all of his data fell neatly into place. I am proposing a whole new Universe picture. Evolution makes us continuous with every other being, Consciousness would not be in us if it were not in them also, and then, in the atoms and molecules and cells that make up living beings. I propose to make Consciousness the most basic term and see what follows. I am in fact, proposing a new Copernican Revolution, that Consciousness is the true basis for the Universe and the right fundamental term, for science itself all other disciplines as well, and the whole of the modern world. And I predict that every intractable problem in science or the modern world, will go down like a line of dominos before it. In a nutshell: Consciousness and not matter is “first and fundamental” in the Universe, it is there from the very “Beginning” everything has it and all of the true causalities, the explanatory principles belong to it. Not to matter. What then is matter? All matter is an Appearance of something much more real, Consciousness. All matter is an expression of Consciousness, even the least little bit of matter contains Consciousness, and is an expression of Consciousness. And so, we revise the scientific image of nature. Science at present is two termed, matter/energy. It needs to become three termed: Matter/energy/Consciousness, with the recognition that all of the basic principles, the true causalities of events, and of the Universe belong to Consciousness. And now physics. To accommodate this new Universe picture physics needs to alter just one term, energy. All energy contains Consciousness, that idea alone will change our world forever. The animals the trees the plants are just as conscious as we are, as is the Earth herself, a continuum of many forms of Consciousness of which our own is one. The Earth consists of interacting and intersecting forms of Consciousness, Consciousness within Consciousness within Consciousness within Consciousness. A remarkable work has just appeared entitled “Beyond Words What Animals Feel and Think.” Describing in detail how like ourselves all of the animals are. And the more we can see how like us everything else really is, the harder it will be for us to do them all in, in the interest of turning them into consumer items. And so, here is a new principle of understanding, that entails completely new forms of explanation, and a whole new Universe picture to be spelled out in terms of Consciousness and its various properties. This is a Universe that is aware awake and Enspirited throughout. And so, there is only one principle, not two. And so, how does Consciousness work? There is “no mind/body problem.” My Consciousness is aligning the Consciousness of neurons in the brain, that aligns the Consciousness of all other cells in the body, that aligns the Consciousness of molecules and atoms themselves. Mainly from the top down, but also interactive, and not reduction to the purely physical forces. 4. And so, here is a radical new Universe picture, and with it a new way to think about the Universe itself, the Earth, Ourselves, and Spirit. It requires a complete revision of both of the terms of modern science itself. The problem of the modern world owes in deep measure to Descartes concept of matter as something devoid of interior life. But he is only the most powerful and simple expression of a whole tradition of thought that predates him, that goes back to the very dawn of thought itself. It owes to the conviction of both Plato and Aristotle that the Earth was something devoid of reason, or mind, and therefore something to be held in complete contempt. We are emerging from a civilization based on contempt for the Earth, and down the road, it will become contempt for the body, sex, women, the Native people, and people of color everywhere. And so, this entire tradition is now up for us, it has brought us to the brink of our own extinction, and we need to get beyond it. I am proposing that this term Consciousness is the way out. The missing piece of the puzzle and the idea whose time has come. And it will enable us to move into a completely new civilization based on respect for the Earth, women, sex, people of color, that honors everyone and has a place for all. Revolutions in science occur when new data show up that cannot be accounted for by existing paradigms (Thomas Kuhns: The Structure of Scientific Revolutions). Consciousness, and all the properties and problems of Consciousness are just such data, and they compel a new scientific revolution. But we are a scientific age. A new Copernican revolution in science is such as revolution everywhere. And Consciousness is the key to getting every other reality at all levels and depths right as well. It will enable us finally to get the Earth right, get ourselves right with the Earth, and with one another. Archimedes: Give me a place to stand, and I will move the world. I am proposing a new synthesis among our fundamental terms in which this term Consciousness is the new lynchpin. And so, I return once more to Descartes. Descartes in the Mediations was a dualist, they were two realities interacting in the pineal gland mind and body. But Descartes age was high on “Cartesianisms,” on Descartes concept of matter. Animals were simply cleverly wired machines (Hobbes called them automata). Rumor had it that Descartes followers went about kicking dogs reasoning that their howls were not due to any feelings of pain, but simply the wiring of the machine. We have been doing this to the Earth ever since, and now the Earth is not going to stand for it any longer. It is time we all woke up. There is no matter in Descartes sense of it, or in Plato and Aristotle’s sense of it. This old concept of matter is embedded in all of the crisis and catastrophes---fires, drought, pandemics, over population, the disintegrating economies, our ways of life, capitalism and consumerism themselves. All matter is Enspirited, contains Consciousness, and is an expression of Consciousness. Now I tell you something about Descartes you may not know. In the Mediations was a dualist, there are minds and bodies. But by the end of his life, he knew the truth. Descartes guided his whole life by these vivid dreams, and toward the end of his life he had this dream: He saw the Universe as a giant machine and in the heart of the machine propelling the whole, was Consciousness. And so, out of the shades and shadows and into the light of day. Here is a renewed and a new science, a new cosmology. And with it, a revolutionary new metaphysics. The whole of the modern world is in the grip of a false metaphysics, based on Descartes theory of matter. Here is a new, and finally true metaphysics based on the single term, Consciousness. 5. And in all my works, I spell out this new metaphysics based on Consciousness, and what it means for how we think about virtually everything: The Universe, the Earth, Ourselves, and Spirit. Of who, what and where Spirit is, that we may connect with Spirit everywhere. There is only one term for the Universe, and not two, this single term Consciousness, that manifests itself in two modes: Consciousness in Form, Consciousness Formless. And so, here is a sketch of what this new term Consciousness really means. For four great aspects of the real, four new cornerstones for a whole new civilization on Earth, based on Love and Truth. A. For the Universe: New causalities, all matter is an expression of Consciousness, awake and aware, Enspirited throughout, which has a place for the causalities of love ideas intent plan and purpose, what Aristotle called final causality, that for the sake of which. And it has a place for subjectivity, the greatest mystery in the whole of the Universe, knowable only in ourselves, but there in everything else as well, bedrock in the chain of causalities. The buck stops here. Here are two very different Universe pictures. The Cartesian Universe consists of things, pushed, and pulled around by the physical forces that function blind. The true Universe consists of selves and not things. Selves at least in ourselves, are organized and focused about an I, an I am, or a sense of self in everything, ever other being dear to itself. Just one aspect of subjectivity. And so, it is Consciousness all the way down, and subjectivity all the way down. Science proceeds on the basis of the negligible of what it can leave out as unimportant. Subjectivity is the ultimate animating principle of the Universe. What Descartes really did was to strip from nature what is most essential about it, its animating principle Consciousness. And so, we come out of a long history of “clunk.” The great male thinkers have killed creation. First in concepts and now in the lived life. And so, after centuries of fruitless search, not all of it in vain, finally, and just in time the true basic principle for the Universe has shown up in virtually all disciplines, this term Consciousness. B. And so, the Earth: What does this term Consciousness really mean for the Earth? It means that all of the bright array of beings around us have Consciousness. And the more we can realize how like us they are, the harder it will be to do them all in. Is this what it really means to be “made in the image of Spirit?” To destroy ever other living being? The god of Genesis is a creator god who has created billions and billions of living forms. Man, taking himself to be made in the image of Spirit has destroyed virtually all of it. The Earth is not things, not commodities and resources, not an endless array of consumer goods. The Earth consists of conscious living spiritual beings like ourselves, who need to be honored and respected, nurtured and cared for, to be Loved. And if the human race can finally pull it off and bring Love here and start helping the Earth rather than destroying her, even our vast numbers now at 8 billion, may not matter. Deeply embedded in the modern world is a false cosmology based on the hitherto useful but ultimately false metaphysics of Descartes. In particular it owes to Descartes concepts of matter, and of the Earth, as something devoid of Consciousness. And now this concept is up for us. If there is a single idea enabling and driving the destruction of the planet, it is the conviction that the Earth is something devoid of Consciousness. And we all have a vested interest in keeping this false concept in place. When you intend to ravage and savage the Earth, to turn it into consumer items, and money in the bank, first pretend she has no Consciousness that way we need not have any conscious about it. We are in deep trouble with the planet. Virtually all human economies are based on the destruction of the Earth, and we are now at a place in our history where we can foresee if we continue on as we are, our own extinction. And so, here are a few new guiding principles for the planet, based on Consciousness. Consciousness has field properties. The Earth is Consciousness throughout, connected and interconnected throughout, intersecting and interacting fields of Consciousness of which our own is one. To harm one is to harm all. Only this understanding of the Earth can set our destructive technologies, and capitalism, their goals, and their limits. The real problem with capitalism, and with civilization itself is it has no true understanding of the Earth, all the exquisite networks and webworks that connect all beings with one another. Nor it is about to admit that the Earth is our “life support system,” reason gone insane in the modern world. We are destroying our life support system, capitalism is the full expression of the human death wish in the modern world, and it needs to change. And now, let the barriers between ourselves and all other beings go down. C. And so, Ourselves. This new Universe picture based on Consciousness opens into and has a place for new concepts of human identity. In particular, it has a place for reincarnation, a process whereby one Consciousness dons’ bodies again and again and lays them down. This is a process wholly impossible on materialistic theories. This new view of things puts a higher perspective on Freudian determinism, which is a partial knowing in a greater account. We are something more than the victims of genes drives and childhood. We are immortally eternal evolving spiritual beings who take on a cycle of earthly lives in order to achieve certain goals and abilities, and then, our earthly cycle complete, we depart the Earth plane for other areas of the Universe physical or purely spiritual, to continue our evolution elsewhere. The scientific evidence for reincarnation is increasing on all sides, see for example the work of Michael Newton, a mainstream scientist forced to confront the fact of reincarnation. A completely new reincarnational picture is now emerging everywhere. We choose our parents for abilities we could acquire through them. We all come here with reasons for being here, and we all have free will, an original property of Consciousness, and we work out our issues accordingly. We all come here with the same reason for being here. It is to experience the Earth plane and human society at all levels and depths, in every social role, every climate, both sexes male and female and in all races. We are all here to acquire a deep understanding of the Earth plane with all its challenges and all of its present problems. We are not here to devour and consume the Earth, but to honor her for the learning experience she makes available for us. And so, reincarnation is the great equalizer, the fundamental basis for any bill of rights. Many of the problems of the modern world owe to the fact that reincarnation has not been taught in the West. Reincarnation was the center piece of Jesus teachings. It was banned by a fourth century council that decided the populous could best be controlled through fear. They edited all mention of reincarnation from the scriptures, and inserted fear terms instead, a judgmental god, and so on. If reincarnation had been taught, there would have been no suppression of women, but the gift of both sexes would have been honored and developed. And there would have been no reason for contempt for people of color because who they are, we have been or will be. There is no reason to look down on anyone when we know that our own identity includes membership in theirs. The truth of reincarnation needs to be the foundation for getting ourselves right with the Earth, and with one another. D. And so, Spirit. This new Universe picture, based on Consciousness, has a place for Spirit as simply Infinite Consciousness. All universes all worlds are formed out of this Consciousness, divine and sacred throughout. And Spirit is everywhere in the Earth and can be connected everywhere. And the Native North American people had things right. Everything has its own Spirit, and without contradiction is also an expression of Spirit. And what I am really doing in terms of concepts of modern science is presenting the Native North American version of the Real. And this new Universe picture has a place for the essential insight of all religions almost smothered by church tradition: Love. Not an emotion but a great Oneness, that can be found everywhere, even in a busy city street. But especially in the Earth, that is levels and depths of Oneness everywhere. And so, for the first time in their long and bitter antagonistic history, science and religion now share a common base with this term Spirit, the lynchpin in a new conceptual framework. And I offer an interpretation of where we are in our history, this present moment of historical grace, and these tumultuous times in which we live, the return of the Goddess and the Divine Feminine, the Reappearance of the Feminine in history, the Advent of Women, this great Awakening, as of Springtime after a long dark Winter, the Awakening, the Second Coming. And so, stay tuned! (shrink)

The hard problem of consciousness arises in most incarnations of present day physicalism. Why should certain physical processes necessarily be accompanied by experience? One possible response is that physicalism itself should be modified in order to accommodate experience: But, modified how? In the present work, we investigate whether an ontology derived from quantum field theory can help resolve the hard problem. We begin with the assumption that experience cannot exist without being accompanied by a subject of experience (SoE). While (...) people well versed in Indian philosophy will not find that statement problematic, it is still controversial in the analytic tradition. Luckily for us, Strawson has elaborately defended the notion of a thin subject—an SoE which exhibits a phenomenal unity with different types of content (sensations, thoughts etc.) occurring during its temporal existence. Next, following Stoljar, we invoke our ignorance of the true physical as the reason for the explanatory gap between present day physical processes (events, properties) and experience. We are therefore permitted to conceive of thin subjects as related to the physical via a new, yet to be elaborated relation. While this is difficult to conceive under most varieties of classical physics, we argue that this may not be the case under certain quantum field theory ontologies. We suggest that the relation binding an SoE to the physical is akin to the relation between a particle and (quantum) field. In quantum field theory, a particle is conceived as a coherent excitation of a field. Under the right set of circumstances, a particle coalesces out of a field and dissipates. We suggest that an SoE can be conceived as akin to a particle—a SelfOn—which coalesces out of physical fields, persists for a brief period of time and then dissipates in a manner similar to the phenomenology of a thin subject. Experiences are physical properties of selfons with the constraint (specified by a similarity metric) that selfons belonging to the same natural kind will have similar experiences. While it is odd at first glance to conceive of subjects of experience as akin to particles, the spatial and temporal unity exhibited by particles as opposed to fields and the expectation that selfons are new kinds of particles, paves the way for cementing this notion. Next, we detail the various no-go theorems in most versions of quantum field theory and discuss their impact on the existence of selfons. Finally, we argue that the time is ripe for a rejuvenated Indian philosophy to begin tackling the three-way relationship between SoEs (which may become equivalent to jivas in certain Indian frameworks), phenomenal content and the physical world. With analytic philosophy still struggling to come to terms with the complex worlds of quantum field theory and with the relative inexperience of the western world in arguing the jiva-world relation, there is a clear and present opportunity for Indian philosophy to make a worldcentric contribution to the hard problem of experience. (shrink)

According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political choice, I (...) believe, is necessary if people are to have any chance of reconciling the conflicting moral and political obligations they are likely to face, however idealized our conception of democracy or morality. Granted that no amount of personal and political choice will ever guarantee that we do not encounter tragic choices, and painfully conflicting moral demands, it is an important feature of democracy – or so I believe – that its rights reflect the importance of mitigating these conflicts so that people are able, as a rule, to act as they ought, so that they do not experience their moral sentiments, beliefs and capacities simply as grounds for recrimination, alienation and despair. I therefore believe that democracies have good reason not to force the consciences of the undemocratic and the intolerant, where it is possible to accommodate such people without threatening the rights of others. However, the fact that I share many of Brettschneider’s intuitions and beliefs does not mean that I share them all. In particular, I find his conception of democracy unduly narrow, and unduly based on a rather idealized conception of the American constitution which is unlikely to appeal to those whose conceptions of democracy are more republican, more socialist, more pragmatic and more international than his. I have explained these worries elsewhere and drawn out some of their implications for his arguments about privacy and judicial review. There is no need to repeat them here. I will also set to one side my worries about his uninflected, overly abstract and rather reified characterization of the State, in the hope that others will discuss this and that, in the end, a more nuanced conception of the State and a more lively appreciation of the conflicting people, institutions, histories and norms which make up most states, will prove consistent with his arguments. Finally, I do not propose to enter into a detailed discussion of the difficulties of Brettschneider’s overly abstract and reified conception of State ‘speech’ and ‘expression’ which, while motivated by the language of American constitutionalism, appears to cover pretty much anything a government might do, from raising and spending taxes, to accepting judicial interpretations of contested constitutional provisions, or to affirmatively pronouncing on the goals that will animate its legislative agenda and its aspirations for citizen’s lives. Again, while I would have wished for a more nuanced and analytical discussion of so central a concept as ‘expression’ and, in particular, expression by ‘the State’, I am uncertain that anything fundamental in Brettschneider’s account of citizen rights and duties would be altered in the process. Instead, then, I want to focus on points in Brettschneider’s argument that intrigue, and sometimes puzzle, me the most and where issues of nuance and clarification might make a substantial difference to our views of equality and religious freedom. (shrink)

Cécile Laborde proposes a liberal egalitarian view for a liberal state to adopt in its fair treatment of religious citizens. She suggests a method where state neutrality is applied restrictively and religion is “disaggregated” across standard liberal rights. Without recourse to a legal-political category religion, she responds to the problem of religious accommodation by using main elements of a particular liberal right(s) to account for the dimension of religion that an issue of justice makes salient. In reply (...) to the problem of state neutrality, she proposes that a liberal state can be non-neutral in its treatment of religious claims as long as religion is not a marker for social division, does not impose its comprehensive ethics, and provides publicly accessible reasons. I argue that adopting Laborde’s approach has conceptual and pragmatic advantages as a political strategy (modus vivendi) in resolving justice claims. However, its content-neutral and procedural framework partially meets the requirements of justice of religious citizens because of its egalitarian motivation. In adopting a minimal political conception of religion defined by elements of other liberal rights, the liberal state employs a narrow understanding of religion as a “collection” of beliefs and practices. This can result in religious citizens exercising partial or even distorted expressions of their religious identities. I suggest a conceptual refinement in Laborde’s theory if it aims at attracting endorsement from religious citizens as a reasonable conception of justice. I will survey some alternative frameworks and ideas (e.g. Raz value-based approach, Riordan’s capacity for truth argument) and build on their strengths. I propose vocation as a useful concept for a liberal state to employ in appropriately understanding and assessing religious commitment. My modest proposal presents a liberal understanding of religion-state relationship other than those framed in the themes of neutrality, toleration, exclusion, or limitation of practices. (shrink)

This paper takes a novel approach to the active bioethical debate over whether advance medical directives have moral authority in dementia cases. Many have assumed that advance directives would lack moral authority if dementia truly produced a complete discontinuity in personal identity, such that the predementia individual is a separate individual from the postdementia individual. I argue that even if dementia were to undermine personal identity, the continuity of the body and the predementia individual’s rights over that body can (...) support the moral authority of advance directives. I propose that the predementia individual retains posthumous rights over her body that she acquired through historical embodiment in that body, and further argue that claims grounded in historical embodiment can sometimes override or exclude moral claims grounded in current embodiment. I close by considering how advance directives grounded in historical embodiment might be employed in practice and what they would and would not justify. (shrink)

Please contact me at [email protected] if you are interested in reading a particular chapter or being sent the entire manuscript for private use. -/- The thesis offers a comprehensive argument in favor of a regulationist approach to autonomous weapon systems (AWS). AWS, defined as all military robots capable of selecting or engaging targets without direct human involvement, are an emerging and potentially deeply transformative military technology subject to very substantial ethical controversy. AWS have both their enthusiasts and their detractors, (...) prominently advocating for a global preemptive ban on AWS development and use. Rejecting both positions, the author outlines a middle-of-the-road regulationist approach that is neither overly restrictive nor overly permissive. The disqualifying flaws of the rival prohibitionist approach are demonstrated in the process. After defining the core term of autonomy in weapon systems, the practical difficulties involved in applying an arms control regime to AWS are analyzed. The analysis shows that AWS are an extremely regulation-resistant technology. This feature when combined with their assumed high military utility makes a ban framework extremely costly to impose and enforce. As such it is ultimately very likely to fail at the benefit of the most unscrupulous international actors and at a very substantial risk to those abiding with international law. Consequently, to be ethically viable, a prohibitionist framework would need to offer substantial moral benefits impossible to attain through the rival regulationist approach. The remainder of the thesis undertakes to demonstrate that this is not the case. Comparing the considerations of military and strategic necessity to humanitarian concerns most commonly voiced by prohibitionists requires finding a common denominator for all values being referred to. Consequently, the thesis proceeds to show that both kinds of concerns are ultimately reducible to respect for basic human rights of all stakeholders, and so that the prohibitionist and regulationist approach may ultimately be compared in terms of consequences their adoption would generate for basic human rights realization. The author then evaluates both the potential humanitarian benefits, and the potential humanitarian hazards of AWS introduction. The benefits of leaving frontline combat to machines are outlined, with the unique kinds of suffering that would be abolished by such a development being described in detail. The arguments against AWS adoption are then divided into three classes: arguments related to alleged impossibility of compliance with The Laws of Armed Conflict, non-consequentialist and broad consequentialist arguments. This analysis, which comprises the greater part of the entire thesis, shows that the concerns behind compliance arguments are indeed substantial and have to be accommodated via a complex framework of best practices, regulations and localized restrictions on some kinds of AWS or AWS use in particular environments. They do not, however, justify a universal ban on using all the diverse forms of AWS in all environments. Non-consequentialist objections are found either reducible to other classes of arguments or thoroughly unconvincing, sometimes to the point of being actually vacuous. Broad consequentialist concerns are likewise found to be accommodable by regulation, empirically unfounded or causally disconnected from the actions of legitimate actors acquiring AWS, and therefore irrelevant to the moral permissibility of such actions. The author concludes that the proponents of prohibitionism are unable to point to moral benefits substantial enough to justify the costs and risks inherent in the approach. A global ban is, in fact, likely to have a worse humanitarian impact that well-regulated AWS adoption even if the strategic risks are disregarded. On the other hand, the analysis shows that there indeed exists an urgent need to regulate AWS through a variety of technological, procedural and legal solutions. These include, but are not limited to, a temporary moratorium on anti-personnel AWS use, development of internationally verified compliance software and eventual legal requirement of its employment, a temporary moratorium on AWS proliferation to state actors and a ban on their proliferation to non-state agents. (shrink)

In Liberalism with Excellence, Matthew Kramer makes an argument for how excellence may enter in into liberalism, despite liberalism’s strong commitment to neutrality. Kramer seeks to challenge not only the uncompromising rejection of this position by liberals such a Jonathan Quong, but also the so-called “blended” approach of “soft-perfectionist” scholars such as Joseph Raz and George Sher. In this essay, I do not so much challenge Kramer’s approach as offer an alternative for accomplishing the same thing. Under my proposal, certain (...) forms of excellence and neutrality can both be accommodated as long as state support for the form of excellence at issue is proportional to the support for such a form of excellence within the relevant polity, competing forms of excellence are non-rivalrous, and no one is forced to embrace a form of excellence with which they disagree. My proposal is therefore not what Ronald Dworkin derogatively characterized as “a checkerboard solution.” Rather than allowing the state to support contrary moral positions at one and the same time, it is a solution that takes morally compatible but nevertheless competing conceptions of excellence seriously, and exhibits neutrality by giving them proportional rather than full support. This neither forces anyone to pursue the particular forms of excellence the state supports nor prevents them from pursuing some other form of excellence entirely or, if they wish, no form of excellence at all. (shrink)

Violence is somehow equivalent to Be Right? How can I be fair and non-violent? It depends on the receptor, in terms of social comunication.

This chapter argues that people have a human right to immigrate to other states. People have essential interests in being able to make important personal decisions and engage in politics without state restrictions on the options available to them. It is these interests that other human rights, such as the human rights to internal freedom of movement, expression and association, protect. The human right to immigrate is not absolute. Like other human freedom rights , it can (...) be restricted in certain extreme circumstances. Outside these circumstances, however, immigration restrictions are unjust. Having presented the argument for a human right to immigrate, the chapter responds to objections from distributive justice, culture and scarcity. (shrink)

The Great Divide in metaphysical debates about laws of nature is between Humeans, who think that laws merely describe the distribution of matter, and non-Humeans, who think that laws govern it. The metaphysics can place demands on the proper formulations of physical theories. It is sometimes assumed that the governing view requires a fundamental / intrinsic direction of time: to govern, laws must be dynamical, producing later states of the world from earlier ones, in accord with the fundamental direction of (...) time in the universe. In this paper, we propose a minimal primitivism about laws of nature (MinP) according to which there is no such requirement. On our view, laws govern by constraining the physical possibilities. Our view captures the essence of the governing view without taking on extraneous commitments about the direction of time or dynamic production. Moreover, as a version of primitivism, our view requires no reduction / analysis of laws in terms of universals, powers, or dispositions. Our view accommodates several potential candidates for fundamental laws, including the principle of least action, the Past Hypothesis, the Einstein equation of general relativity, and even controversial examples found in the Wheeler-Feynman theory of electrodynamics and retrocausal theories of quantum mechanics. By understanding governing as constraining, non-Humeans who accept MinP have the same freedom to contemplate a wide variety of candidate fundamental laws as Humeans do. (shrink)

I argue that the right to sexual satisfaction of severely physically and mentally disabled people and elderly people who suffer from neurodegenerative diseases can be fulfilled by deploying sex robots; this would enable us to satisfy the sexual needs of many who cannot provide for their own sexual satisfaction; without at the same time violating anybody’s right to sexual self-determination. I don’t offer a full-blown moral justification of deploying sex robots in such cases, as not all morally relevant concerns (...) can be addressed here; rather, I put forward a plausible way of fulfilling acute sexual needs without thereby violating anybody’s sexual rights. (shrink)

Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that upset (...) Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)

In her 2004 book Carol Gould addresses the fundamental issue of democratizing globalization, that is to say of finding ways to open transnational institutions and communities to democratic participation by those widely affected by their decisions. The book develops a framework for expanding participation in crossborder decisions, arguing for a broader understanding of human rights and introducing a new role for the ideas of care and solidarity at a distance. Reinterpreting the idea of universality to accommodate a multiplicity of (...) cultural perspectives, the author takes up a number of applied issues, including the persistence of racism, cultural rights, women's human rights, the democratic management of firms, the use of the Internet to enhance political participation, and the importance of empathy and genuine democracy in understanding terrorism and responding to it. Accessibly written with a minimum of technical jargon this is a major contribution to political philosophy. (shrink)

Silencing is usually explained in terms of conventionalism about the nature of speech acts. More recently, theorists have tried to develop intentionalist theories of the phenomenon. I argue, however, that if intentionalists are to accommodate the conventionalists' main insight, namely that silencing can be so extreme as to render certain types of speech act completely unavailable to victims, they must take two assumptions on board. First, it must be possible that speakers' communicative intentions are opaque to the speakers themselves. Secondly, (...) it needs to be assumed that structural oppression can have hidden psychological effects on its victims. Since both assumptions can be motivated independently, I argue that silencing can be fully understood without appealing to linguistic conventions. (shrink)

In this essay, we suggest practical ways to shift the framing of crisis standards of care toward disability justice. We elaborate on the vision statement provided in the 2010 Institute of Medicine (National Academy of Medicine) “Summary of Guidance for Establishing Crisis Standards of Care for Use in Disaster Situations,” which emphasizes fairness; equitable processes; community and provider engagement, education, and communication; and the rule of law. We argue that interpreting these elements through disability justice entails a commitment to both (...) distributive and recognitive justice. The disability rights movement's demand “Nothing about us, without us” requires substantive inclusion of disabled people in decision‐making related to their interests, including in crisis planning before, during, and after a pandemic like Covid‐19. (shrink)

I develop a contractualist theory of just intelligence collection based on the collective moral responsibility to deliver security to a community and use the theory to justify certain kinds of signals interception. I also consider the rights of various intelligence targets like intelligence officers, service personnel, government employees, militants, and family members of all of these groups in order to consider how targets' waivers or forfeitures might create the moral space for just surveillance. Even people who are not doing (...) anything prejudicial to other states' security can be modeled as ceding rights against diagnostic collection--light touch collection limited to ascertaining if someone is likely an intelligence threat--as part of their duty to support just foreign institutions. Foreign intelligence officers could not perform the same job potential targets can reasonably demand their intelligence agencies perform on their behalf without this ceding of rights. More invasive forms of collection can only be justified if officers can reasonably model their citizens consenting to being the target of the same sort of collection by adversary states. (shrink)

The issue of voting rights for older children has been high on the political and philosophical agenda for quite some time now, and not without reason. Aside from principled moral and philosophical reasons why it is an important matter, many economic, environmental, and political issues are currently being decided—sometimes through indecision—that greatly impact the future of today’s children. Past and current generations of adults have, arguably, mortgaged their children’s future, and this makes the question whether (some) children should (...) be granted the right to vote all the more pressing. Should (some) children be given the right to vote? Moreover, does the answer to this question depend on civic education, on whether children have been deliberately prepared for the exercise of that right? These are the questions that will occupy us in this article. Our answer to the first will be that older children—children roughly between 14 and 16 years of age1—ought to be given the right to vote. (shrink)

The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental rights takes (...) place in the context of divorce where, during the pendency of litigation, one parent is routinely deprived of significant parental rights without any demonstration that a state interest exists—much less that there is a compelling state interest that cannot be achieved in any less restrictive way. In marked contrast to our current practice, treating parental rights as fundamental rights requires a presumption of joint legal and physical custody upon divorce and during the pendency of divorce litigation. The presumption may be overcome, but only by clear and convincing evidence that such an arrangement is harmful to the children. (shrink)

Wild animal reproduction poses an important moral problem for animal rights theorists. Many wild animals give birth to large numbers of uncared-for offspring, and thus child mortality rates are far higher in nature than they are among human beings. In light of this reproductive strategy – traditionally referred to as the ‘r-strategy’ – does concern for the interests of wild animals require us to intervene in nature? In this paper, I argue that animal rights theorists should embrace fallibility-constrained (...) interventionism: the view that intervention in nature is desirable but should be constrained by our ignorance of the inner workings of ecosystems. Though authors sometimes assume that large-scale intervention requires turning nature into an enormous zoo, I suggest an alternative. With sufficient research, a new form of gene editing called CRISPR promises to one day give us the capacity to intervene without perpetually interfering with wild animals’ liberties. (shrink)

Should we believe our controversial philosophical views? Recently, several authors have argued from broadly conciliationist premises that we should not. If they are right, we philosophers face a dilemma: If we believe our views, we are irrational. If we do not, we are not sincere in holding them. This paper offers a way out, proposing an attitude we can rationally take toward our views that can support sincerity of the appropriate sort. We should arrive at our views via a certain (...) sort of ‘insulated’ reasoning – that is, reasoning that involves setting aside certain higher-order worries, such as those provided by disagreement – when we investigate philosophical questions. (shrink)

Concepts of “self” and “right” in three civilizations: primarily Confucian and ancient Greek, with references to Aristotle’s medieval Christian commentators; Uses the classical Greek and Chinese traditions’ common incompatibility with modern liberal notion of “right” to explore the commonalities between them, and on that basis endeavors to connect the East to the West with a “right” that could better harmonize the self with society, right with duty, and negative with positive freedom.

To become a public figure or celebrity, I claim, is to exist alongside a zombie version of yourself. This zombie shares the same name and physical likeness but operates independently of its flesh-and-blood counterpart. In fact, public figures do not have any special authority over the zombie version of themselves, and in some contexts, they enjoy less authority over their zombie counterparts than others do. In the US, for example, public figures are not legally entitled to protections against criticism via (...) parody, which can include unauthorized use of their likeness for offensive images, insulting jokes, and other forms of public mockery. As Michel Foucault observed, a work is entitled to become the “murderer” of its author, which suggests that the author’s name exists among the living dead. An artist’s works can bear their name yet operate independently of their attitudes or mental states. In June of 2019, the master rights to Taylor Swift’s first six albums were sold without her knowledge or consent, effectively “murdering” her rights as their author. Swift’s 2019 decision to re-record her first six studio albums can thus be understood as an act of institutional revenge, a way to get back at the people who have wielded power over her and the institutions that enable exploitation—a battle with her zombified works: the “stolen” original albums. In this chapter I sketch an institutional theory of celebrity names to explain the institutional, personal, and political significance of self-appropriation, using Taylor Swift’s act of re-recording her own music as a paradigm case. (shrink)

An enduring source of skepticism towards Kant’s practical philosophy is his deep conviction that morality must be understood in terms of universality. Whether we look to Kant’s fundamental moral principle (the Categorical Imperative) or to his fundamental principle of right (the Universal Principle of Right), universality lies at the core of the analyses. A central worry of his critics is that by making universality the bedrock of morality in these ways, Kant fails to appreciate the importance of difference in individual (...) lives, societies, and legal-political institutions when these are realized well. Below I argue that Kant’s philosophy neither advocates moralized hyper-reflective, alienating ways of being nor seeks to justify Kant’s own and others’ prejudices in the name of morality’s universality. To see this, we need to understand both Kant’s account of human nature – of the predisposition to good and the propensity to evil – and how Kant’s theory of freedom sets the moral framework within which important non-moralizable concerns of human nature are accommodated. We can then appreciate the ways in which Kant sees both unreflective and reflective normative elements as working together as an integrated whole in emotionally healthy, morally good human beings, historical cultures, and legal-political institutional systems. (shrink)

This paper is about the role of interpersonal comparisons in Harsanyi's aggregation theorem. Harsanyi interpreted his theorem to show that a broadly utilitarian theory of distribution must be true even if there are no interpersonal comparisons of well-being. How is this possible? The orthodox view is that it is not. Some argue that the interpersonal comparability of well-being is hidden in Harsanyi's premises. Others argue that it is a surprising conclusion of Harsanyi's theorem, which is not presupposed by any one (...) of the premises. I argue instead that Harsanyi was right: his theorem and its weighted-utilitarian conclusion do not require interpersonal comparisons of well-being. The key to making sense of this possibility is to treat Harsanyi's weights as dimensional constants rather than dimensionless numbers. (shrink)

Suppose we can save either a larger group of persons or a distinct, smaller group from some harm. Many people think that, all else equal, we ought to save the greater number. This article defends this view (with qualifications). But unlike earlier theories, it does not rely on the idea that several people's interests or claims receive greater aggregate weight. The argument starts from the idea that due to their stakes, the affected people have claims to have a say in (...) the rescue decision. As rescuers, our primary duty is to respect these procedural claims, which we must do by doing what these people would decide, in a process where each is given an equal vote on the matter. So in cases where each votes in their own self-interest, respect for their equal right to decide, or their autonomy, will lead us to save the greater number. The argument is explained in detail, with special attention to the questions of how, exactly, it avoids aggregation, and of why majority rule is superior to lottery procedures. The view has further advantages. Especially, it explains the “partial” relevance of numbers in cases involving unequal harms, and it does so in a way that dissolves the appearance of paradox that besets theories of “partial aggregation.”. (shrink)

One of the most noticeable trends in recent years has been the increasing reliance of public decision-making processes on algorithms, i.e. computer-programmed step-by-step instructions for taking a given set of inputs and producing an output. The question raised by this article is whether the rise of such algorithmic governance creates problems for the moral or political legitimacy of our public decision-making processes. Ignoring common concerns with data protection and privacy, it is argued that algorithmic governance does pose a significant threat (...) to the legitimacy of such processes. Modelling my argument on Estlund’s threat of epistocracy, I call this the ‘threat of algocracy’. The article clarifies the nature of this threat and addresses two possible solutions. It is argued that neither solution is likely to be successful, at least not without risking many other things we value about social decision-making. The result is a somewhat pessimistic conclusion in which we confront the possibility that we are creating decision-making processes that constrain and limit opportunities for human participation. (shrink)

This article aims to refute the “incompatibility thesis” that nationalism is incompatible with transnational feminist solidarity, as it fosters exclusionary practices, xenophobia, and racism among feminists with conflicting nationalist aspirations. I examine the plausibility of the incompatibility thesis by focusing on the controversy regarding just reparation for Second World War “comfort women,” which is still unresolved. The Korean Council at the center of this controversy, which advocates for the rights of Korean former comfort women, has been criticized for its (...) strident nationalism and held responsible for the stalemate. Consequently, the case of comfort women has been thought to exemplify the incompatibility thesis. I argue against this common feminist perception in three ways: first, those who subscribe to the incompatibility thesis have misinterpreted facts surrounding the issue; second, the Korean Council's nationalism is a version of “polycentric nationalism,” which avoids the problems of essentialist nationalism at the center of feminist concerns; and, third, transnational feminist solidarity is predicated on the idea of oppressed/marginalized women's epistemic privilege and enjoins that feminists respect oppressed/marginalized women's epistemic privilege. To the extent that oppressed/marginalized women's voices are expressed in nationalist terms, I argue that feminists committed to transnational feminist solidarity must accommodate their nationalism. (shrink)

Semantic dispositionalism is roughly the view that meaning a certain thing by a word, or possessing a certain concept, consists in being disposed to do something, e.g., infer a certain way. Its main problem is that it seems to have so many and disparate exceptions. People can fail to infer as required due to lack of logical acumen, intoxication, confusion, deviant theories, neural malfunctioning, and so on. I present a theory stating possession conditions of concepts that are counterfactuals, rather than (...) disposition attributions, but which is otherwise similar to inferentialist versions of dispositionalism. I argue that it can handle all the exceptions discussed in the literature without recourse to ceteris paribus clauses. Psychological exceptions are handled by suitably undemanding requirements (unlike that of giving the sum of any two numbers) and by setting the following two preconditions upon someone’s making the inference: that she considers the inference and has no motivating reason against it. The non-psychological exceptions, i.e., cases of neural malfunctioning, are handled by requiring that the counterfactuals be true sufficiently often during the relevant interval. I argue that this accommodates some important intuitions about concept possession, in particular, the intuition that concept possession is vague along a certain dimension. (shrink)

Radical enactivism, an increasingly influential approach to cognition in general, has recently been applied to memory in particular, with Hutto and Peeters New directions in the philosophy of memory, Routledge, New York, 2018) providing the first systematic discussion of the implications of the approach for mainstream philosophical theories of memory. Hutto and Peeters argue that radical enactivism, which entails a conception of memory traces as contentless, is fundamentally at odds with current causal and postcausal theories, which remain committed to a (...) conception of traces as contentful: on their view, if radical enactivism is right, then the relevant theories are wrong. Partisans of the theories in question might respond to Hutto and Peeters’ argument in two ways. First, they might challenge radical enactivism itself. Second, they might challenge the conditional claim that, if radical enactivism is right, then their theories are wrong. In this paper, we develop the latter response, arguing that, appearances to the contrary notwithstanding, radical enactivism in fact aligns neatly with an emerging tendency in the philosophy of memory: radical enactivists and causal and postcausal theorists of memory have begun to converge, for distinct but compatible reasons, on a contentless conception of memory traces. (shrink)

I argue that the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied. The advantage of this account is that it is applicable to all wars, even to wars where nobody will be killed or where the enemy has not committed a rights violation but can be justifiably warred against (...) anyway. This account also avoids the inefficiency of having proportionality considerations come up at two different points: in a separate criterion of just cause and in the criterion of proportionality proper. ‘Right intention’, the subjective element of the justification of a war, on the other hand, is not to be subsumed under the criterion of just cause: there can be a just cause without anybody knowing it. Conversely, however, the subjective element requires that those responsible for waging the war do know that the justifying objective conditions are fulfilled. This is in one sense more demanding than traditional just war theory; in another sense, however, it is less demanding: nobody needs to intend to fight for a ‘just aim’. (shrink)

The original – and often continuing – sin of countries with a settler colonial past is their brutal treatment of indigenous peoples. This challenging legacy continues to confront modern liberal democracies ranging from the USA and Canada to Australia, New Zealand and beyond. Duncan Ivison’s book considers how these states can justly accommodate indigenous populations today. He shows how indigenous movements have gained prominence in the past decade, driving both domestic and international campaigns for change. He examines how the claims (...) made by these movements challenge liberal conceptions of the state, rights, political community, identity and legitimacy. Interweaving a lucid introduction to the debates with his own original argument, he contends that we need to move beyond complaints about the ‘politics of identity’ and towards a more historically and theoretically nuanced liberalism better suited to our times. This book will be a key resource for students and scholars interested in political theory, historic injustice, Indigenous studies and the history of political thought. (shrink)

Can we conceive of a mind without body? Does, for example, the idea of the soul's immortality make sense? Certain versions of materialism deny such questions; I shall try to prove that these versions of materialism cannot be right. They fail because they cannot account for the mental vocabulary from the language of brains in the vat. Envatted expressions such as "I think", "I believe", etc., do not have to be reinterpreted when we translate them to our language; they (...) are semantically stable. By contrast, physical expressions from the vat language are semantically instable; due to Putnam's externalism they cannot be transported to our language without change. This contrast opens the way to a new understanding of what the immortality of the soul might be like: A brain in a vat (and its mental life) might survive what the brain calls "my physical body's death". (shrink)

In a world where increasingly more voices from different geographical areas talk speak about equality between people, religions are called to uphold and preach human dignity and rights of all people, without taking account of race, sex or religion. In the interreligious dialog, the meetings between representatives of Christianity and Islam have multiplied considerably and they deal with themes analyzing preaching and defending human rights at all levels of life. From the preceding discussion it is clear that (...) the human rights issue is quite sensitive, especially after the latest political, economic and social events that have shaken the world in which we live. After the period of time that the proclamation and recognition of global human rights were made as contained in the various international documents, it was passed into a new phase where the followers of different religions should work together for human dignity and human rights. (shrink)

In this theory, we explore the interconnectedness of existence and non-existence through subjectivity and objectivity. We provide numerous logical proofs and explanations for existence and nonexistence and the historical context surrounding them, noting that philosophers have been unable to choose between subjectivity and objectivity for centuries. We contend that traditional logic could be revamped to accommodate the inner connectedness of paradoxes like existence without existence, primarily subjectivity and objectivity, which are incorporated in all. (e.g., dialetheism and paraconsistent logic.) It (...) is presented to promote discourse and critical feedback, not assert definitive conclusions. -/- This theory was created within 22 days, thus bound to have much gap within. (shrink)

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes (...) to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

Could animals behave morally if they can’t mindread? Does morality require mindreading capacities? Moral psychologists believe mindreading is contingently involved in moral judgements. Moral philosophers argue that moral behaviour necessarily requires the possession of mindreading capacities. In this paper, I argue that, while the former may be right, the latter are mistaken. Using the example of empathy, I show that animals with no mindreading capacities could behave on the basis of emotions that possess an identifiable moral content. Therefore, at least (...) one type of moral motivation does not require mindreading. This means that, a priori, non-mindreading animals can be moral. (shrink)

The object of this paper is to present and discuss the way democracy is conceived of by some prominent Islamic thinkers. Their position is that democracy, rightly understood, is simply a method of dispensing, sharing, and managing political authority, and as such does not imply secularism or other values and practices that are associated with liberalism. This paper is conceived of within a broader project to theorize the relations (actual and possible) between Islam, democracy, and modernity.

For a variety of reasons, Hegel's theory of the estates remains an unexpected and unappreciated feature of his practical philosophy. In fact, it is the key element of his social philosophy, which grounds his more properly political philosophy. Most fundamentally, it plays this role because the estates provide the forms of visibility required by Hegel's distinctive theory of self-determination, and so the estates constitute conditions for the possibility of human agency as such. With respect to political agency in particular, this (...) ramifies into the view that the estates are social preconditions for legal and political practices, forms of political participation in their own right, and conditions of possibility of moderate government (three functions also attributed to the estates by Montesquieu). (shrink)

This Paper claims that, contrary to the common assumption of Anglo-American jurists, collective rights are secondary to a analytically and experientially prior culture. Culture constitutes the identity and content of a collective right. The thrust of my Paper examines the disjunction between collective rights and the culture constituting a collective right. The clue to the disjuncture is that a collective right is assumed to be a rule or principle signified or represented in a written language. A rule or (...) principle is a concept. A culture, in contrast, is constituted from an experiential knowledge in an unwritten language. -/- I raise two contexts where a collective right cannot be identified without a consideration the analytically prior culture of the social group protected by a collective right: peremptory norms in international law and affirmative discrimination clauses in constitutional law. I then highlight a crucially important factor generating the unwritten language of a culture: namely, the collective memories of a group. Although a personal memory is experienced in a context-specific event, a member of a group absorbs its collective memory. The collective memory of the group exists before one is a member. Such a memory may defer to some event centuries earlier. The event may possess a mythic or even false character which cannot be verified except as a myth or historical falsity. One cannot be accepted as a member of a group without the group’s collective memory. Shared assumptions and expectations characterise a collective memory generating a culture. Such assumptions and expectations constitute meant objects. Meant objects are not posted by some source 2 external to the individual members. Meant objects are experienced. A jurist cannot analyze the signified collective rights without examining the social culture said to be represented by the boundary of the collective rights. One may be able to rationally justify a collective right in terms of its source, such as a basic constitutional text, the regularity of behaviour of lawyers and judges or some ultimate concept such as dignity. Such a rational justification, however, does not address why an individual is obligated to defer to the collective rights of an in-group in a state. One has to examine the social-cultural assumptions and expectations presupposed in the content of such collective rights in order to understand why the rights are obligatory. Such an examination dissolves the traditional boundary of legal knowledge which has excluded cultural phenomena generating the collective rights. (shrink)