A short (about 1,000 words) overview of adjudication, describing the standard view (judges should just apply the law, when possible) and two goal-oriented views: wealth maximization and the maximization of well-being – i.e., utilitarian adjudication.

Philosophers and psychologists have advanced a plethora of explanations of the self in relation to narratives, positing varying degrees of connection between them. For some, narratives created by a subject about herself shape her self-constitution (Flanagan 1991; Fivush 1994). For others, they help the subject to participate in social cognition (Hutto 2008). Some represent narratives as merely one basis of personal identity and consider them cognitive tools used by the subject to construct self-concepts (Neisser 1997; Tekin 2011); others render narratives (...) the basis for self-constitution (Dennett 1992; MacIntyre 1981; Schechtman 1996). Some require that the subject create her ‘whole life narrative’ unifying her .. (shrink)

This paper concerns two topics which, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the workings of entangled concepts in the law. That appellate adjudication is important in some sense may seem obvious to everybody (to a few it will seem obvious that appellate adjudication is unimportant). My point will be that via appellate adjudication courts engineer entangled legal concepts, (...) and it is this aspect of appellate adjudication that is both crucial and unique to it, at least in the U.S. legal system. Entangled concepts intertwine description and evaluation; entangled legal concepts facilitate and constrain legal reasoning and legal judgments, in ways that distinguish legal adjudication from pure politics or the implementation of public policy. In the paper itself, I demonstrate more fully what it is for a legal concept to be an entangled one and how entanglement supplies guidance in adjudication. I also broach how entanglement in legal concepts and engineered entanglement have significance for legal pedagogy; appellate adjudication; the respective roles of the judiciary, the legislature, and administrative agencies; the erosion of the distinction between so-called public law and so-called private law; and our understanding of the fact/value distinction. -/- Understanding more specifically the nature of the entanglement at work in appellate adjudication requires much closer scrutiny of appellate opinions than we usually give. I examine carefully the background to MacPherson v. Buick and Justice Benjamin Cardozo’s particular re-engineering of ‘negligence’ and ‘duty,’ entangled concepts belonging to the same legal taxonomy. Via this scrutiny, I demonstrate the flaws in the engineering of some concepts in the buildup to MacPherson, and how these flaws led to those concepts’ collapse and ultimately to Cardozo’s re-engineering of ‘negligence’ and ‘duty.’ I also explain why careful understanding of the engineering of entangled legal concepts can make us appreciate that even the most successful of such concepts have within in them the grounds for their own obsolescence. -/- To show that conceptual engineering of entangled concepts occurs outside the context of state common law, I also examine how the U.S. Supreme Court has engineered ‘commerce’, itself an entangled concept. The recent decision regarding the individual mandate in the Affordable Care Act makes this example particularly timely. This secondary example also clarifies the nature of entanglement and engineering it. -/- This article concerns appellate adjudication in any area of law. I maintain that whether we are dealing with private law or public law, common law or statutory law or Constitutional law, the defining feature of appellate adjudication is its continuous engineering and reengineering of entangled legal concepts. The merger of fact and value in these concepts explains both the fertility of appellate adjudication and the constraints judges work with when they work with legal concepts that entangle fact and value. (shrink)

In fundamental rights adjudication, should judges defer to the judgment of other decision makers? How can they defer, without betraying the respect that judges ought to accord those rights? How can they refuse to defer, without betraying the respect that judges ought to accord to other decision makers? I argue that only principles of comity justify deference, and their reach is limited. Comity never forbids the judges to take and to act upon a different view of fundamental rights from (...) that of another decision maker. I elaborate this view by reference to the decision of the House of Lords in Adan and Aitseguer [2001] 1 All ER 593. (shrink)

Brief review of William Baude and Ryan Doerfler, Arguing with Friends, 117 Mich. L. Rev. 319 (2018).

Two-step proportionality-balancing [TSPB] has become the standard method for human and constitutional rights decision-making. The first step consists in determining whether a rights-provision has been infringed/limited; if the answer to that first question is positive, the second step consists in determining whether the infringement/limit is reasonable or justified according to a proportionality analysis. TSPB has regularly been the target of some criticism. Critiques have argued that both its ‘two-step’ and ‘proportionality’ elements distort reality by promoting a false picture of rights (...) and constitutional decision-making. This would cause negative moral consequences. This article seeks to defend TSPB against these criticisms and to depict it in a more appropriate and favourable light. First, it is argued that both aspects of TSPB do not have the dire moral consequences that opponents suggest they have. Second, it is argued that TSPB, deploying notions such as burdens, presumptions and prima facie/defeasible propositions, constitutes a valuable framework for public argumentation and authoritative decision-making. (shrink)

Domestic courts have attained prominent status in the international human rights system. While adjudicating individual claims and interpreting legal provisions, domestic courts have conveyed meanings that are integral to the working of the international human rights system. The dynamism of domestic courts is an undeniable quality, through which they incorporate diverse perspectives based on principles linked to individual sovereignty, justice, peace, etc. In this paper, the role of the Indian Supreme Court has been discussed in light of three landmark decisions (...) where the court applies international and domestic human rights standards to substantiate its interpretations. In light of the cases of Navtej Singh v. Union of India, Joseph Shine v. Union of India, and KS Puttaswamy v. Union of India, the paper examines the approach of the court under five broad headings: (a) the domestic context, (b) autonomy and determination, (c) constitutional parameters and validity of laws (d) vulnerability, and (e) other courts and other contexts. On the role of domestic courts in general, the paper outlines a list of the contributions that domestic courts are making in the field of human rights.]. (shrink)

This article juxtaposes a jurisprudential thesis and a practical problem in an attempt to gain critical insight into both. The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is dubbed here the FA). The analysis yields three principal observations: (1) Judicial resort to the FA is discordant with the rights thesis. (2) The rights thesis (...) is instructive in one way but mistaken in another. While Dworkin has highlighted some valid and sound reasons against judicial policymaking, his conclusive exclusion of judicial policymaking from civil law adjudication is erroneous. Civil law adjudication, it is argued, is an arena of ineliminable tension between principle and policy. (3) The FA is a type of policy argument particularly vulnerable to objections against judicial policymaking. There should, therefore, be a (rebuttable) presumption against judicial resort to it. (shrink)

Domestic courts have attained prominent status in the international human rights system. While adjudicating individual claims and interpreting legal provisions, domestic courts have conveyed meanings that are integral to the working of the international human rights system. The dynamism of domestic courts is an undeniable quality, through which they incorporate diverse perspectives based on principles linked to individual sovereignty, justice, peace, etc. In this paper, the role of the Indian Supreme Court has been discussed in light of three landmark decisions (...) where the court applies international and domestic human rights standards to substantiate its interpretations. In light of the cases of Navtej Singh v. Union of India, Joseph Shine v. Union of India, and KS Puttaswamy v. Union of India, the paper examines the approach of the court under five broad headings: (a) the domestic context, (b) autonomy and determination, (c) constitutional parameters and validity of laws (d) vulnerability, and (e) other courts and other contexts. On the role of domestic courts in general, the paper outlines a list of the contributions that domestic courts are making in the field of human rights. (shrink)

In recent decades, environmental rights have been increasingly developed at both the national and international level, along with increased adjudication of these rights in both national (constitutional) courts and international human rights courts. These parallel trends raise a question as to whether it is better to develop and adjudicate environmental rights at the national or international level. This article considers the case made by James May and Erin Daly in favor of developing environmental rights at the national constitutional level (...) and adjudicating these rights in domestic courts. I consider the limitations of this case by showing that international environmental human rights can play a role that systematically benefits environmental protection, with adjudication in international human rights courts a key part of that process. This involves drawing on an argument offered by Allen Buchanan to justify a system of international legal human rights, which appeals to a number of benefits that such a system can provide. The argument is developed and applied to adjudication of environmental human rights in international human rights courts. First, it is shown how these benefits are realized in the area of environmental human rights. Second, it is shown how adjudication can enhance these benefits, both by providing a mechanism for their realization and by facilitating a mutually supportive relationship among them. On the basis of these enhanced benefits and the value that they add, it is concluded that there is strong justification for developing and adjudicating environmental human rights at the international level. (shrink)

Some are skeptical about the possibility of objectivity in law. In this article, I argue that common law legal adjudication can yield objective judgments, based on a legitimate conception of objectivity, one that shares in the kind of objectivity available to scientific and ethical judgments.

Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...) reasons for concept use, which tell us which concepts to adopt, adhere to, or abandon, thereby shoring up—or undercutting—the reasons for action and belief that guide our deliberations. Traditionally, reasons for concept use have been sought either in timeless rational foundations or in concepts’ inherent virtues, such as precision and consistency. Against this, the book advances two main claims: that we find reasons for concept use in the conceptual needs we discover when we critically distance ourselves from a concept by viewing it from the autoethnographic stance; and that sometimes, concepts that conflict, or exhibit other vices such as vagueness or superficiality, are just what we need. By considering not what concepts are absolutely best, but what concepts we now need, we can reconcile ourselves to the contingency of our concepts, determine the proper place of efforts to tidy up thought, and adjudicate between competing conceptions of things,—even things as contested as liberty or free will. A needs-based approach separates helpful clarification from hobbling tidy-mindedness, and authoritative definition from conceptual gerrymandering. (shrink)

It is an important feature of creatures like us that our various motivations compete for control over our behaviour, including mental behaviour such as imagining and attending. In large part, this competition is adjudicated by the stimulation of affect — the intrinsically pleasant or unpleasant aspects of experience. In this paper I argue that the motivation-affect system controls a sub-type of attention called 'alerting attention' to bring various goals and stimuli to consciousness and thereby prioritize those contents for action. This (...) view allows me to flesh out the global workspace theory of consciousness, as well as some of the phenomenal characteristics of conscious experience. (shrink)

In what sense do groups have beliefs? This paper provides a novel answer to this question by combining pluralism and summativism about group belief. The resulting view is called pluralistic summativism. The paper starts by critically assessing the three main debates in the literature—the disputes between monism and pluralism, summativism and non-summativism, and believism and rejectionism—and draws a general methodological lesson for the summativism/non-summativism debate—namely, that intuitions about cases alone are not enough to adjudicate between views of group belief, and (...) that the debate would benefit from a reflective equilibrium approach. All of this serves as motivation for the novel pluralist and summative view, which has some advantages, for example, when it comes to moral evaluation. (shrink)

Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies designed to enshrine (...) rights such as a right to health care. We begin with an overview of the drafting of the UDHR and highlight the primary influence of natural law theory in validating the rights contained therein. We then provide an explication of natural law theory by reference to the writings of Thomas Aquinas, as well as elucidate the complementary “capabilities approach” of Martha Nussbaum. We conclude that a right to health care ought to be guaranteed by the state. (shrink)

I attempt to adjudicate the disagreement between those who seek to reconceptualize disability as mere difference and their opponents. I do so by reviewing a central conviction motivating the resistance, concerning the relationship between disability and well-being. I argue that the conviction depends on further considerations about the costs and extent of change involved in accommodating individuals with a particular disability trait. I conclude by considering three pay-offs of this clarification.

We investigated, experimentally, the contention that the folk view, or naïve theory, of time, amongst the population we investigated is dynamical. We found that amongst that population, ~ 70% have an extant theory of time that is more similar to a dynamical than a non-dynamical theory, and ~ 70% of those who deploy a naïve theory of time deploy a naïve theory that is more similar to a dynamical than a non-dynamical theory. Interestingly, while we found stable results across our (...) two experiments regarding the percentage of participants that have a dynamical or non-dynamical extant theory of time, we did not find such stability regarding which particular dynamical or non-dynamical theory of time they take to be most similar to our world. This suggests that there might be two extant theories in the population—a broadly dynamical one and a broadly non-dynamical one—but that those theories are sufficiently incomplete that participants do not stably choose the same dynamical theory as being most similar to our world. This suggests that while appeals to the ordinary view of time may do some work in the context of adjudicating disputes between dynamists and non-dynamists, they likely cannot do any such work adjudicating disputes between particular brands of dynamism. (shrink)

One class of central debates between normative realists appears to concern whether we should be naturalists or reductionists about the normative. However, metaethical discussion of naturalism and reduction is often inconsistent, murky, or uninformative. This can make it hard to see why commitments relative to these metaphysical categories should matter to normative realists. This paper aims to clarify the nature of these categories, and their significance in debates between normative realists. I develop and defend what I call the joint-carving taxonomy, (...) which builds on David Lewis’ notion of elite properties. I argue that this taxonomy is clear and metaphysically interesting, and answers to distinctive taxonomic interests of normative realists. I also suggest that it has important implications for the project of adjudicating debates among normative realists. (shrink)

To what extent are questions of sovereign debt a matter for political rather than scientific or moral adjudication? We answer that question by defending three claims. We argue that (i) moral and technocratic takes on sovereign debt tend to be ideological in a pejorative sense of the term, and that therefore (ii) sovereign debt should be politicised all the way down. We then show that this sort of politicisation need not boil down to the crude Realpolitik of debtor-creditor power (...) relations—a conclusion that would leave no room for normative theory, among other problems. Rather, we argue that (iii) in a democratic context, a realist approach to politics centred on what Bernard Williams calls ‘The Basic Legitimation Demand’ affords a deliberative approach to the normative evaluation of public debt policy options. (shrink)

People are ‘biased toward the future’: all else being equal, we typically prefer to have positive experiences in the future, and negative experiences in the past. Several explanations have been suggested for this pattern of preferences. Adjudicating among these explanations can, among other things, shed light on the rationality of future-bias: For instance, if our preferences are explained by unjustified beliefs or an illusory phenomenology, we might conclude that they are irrational. This paper investigates one hypothesis, according to which future-bias (...) is explained by our having a phenomenology that we describe, or conceive of, as being as of time robustly passing. We empirically tested this hypothesis and found no evidence in its favour. Our results present a puzzle, however, when compared with the results of an earlier study. We conclude that although robust passage phenomenology on its own probably does not explain future-bias, having this phenomenology and taking it to be veridical may contribute to future-bias. (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)

What should we do about “tainted” public commemorations? Recent events have highlighted the urgency of reaching a consensus on this question. However, existing discussions appear to be dominated by two naïve opposing views – to remove or preserve them. My aims in this essay are two-fold. First, I argue that the two views are not naïve, but undergirded by concerns with securing self-respect and with the character of our engagement with the past. Second, I offer a qualified defence of vandalising (...) tainted commemorations. The defence comprises two parts. I consider two prominent suggestions – to install counter-commemorations and to add contextualising plaques – and argue that they are typically beset with difficulties. I then argue that in some circumstances, constrained vandalism is a response to tainted commemorations which effectively adjudicates the demands of the two opposing views. (shrink)

We demonstrate how real progress can be made in the debate surrounding the enhanced indispensability argument. Drawing on a counterfactual theory of explanation, well-motivated independently of the debate, we provide a novel analysis of ‘explanatory generality’ and how mathematics is involved in its procurement. On our analysis, mathematics’ sole explanatory contribution to the procurement of explanatory generality is to make counterfactual information about physical dependencies easier to grasp and reason with for creatures like us. This gives precise content to key (...) intuitions traded in the debate, regarding mathematics’ procurement of explanatory generality, and adjudicates unambiguously in favour of the nominalist, at least as far as explanatory generality is concerned. (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

Nick Shea’s Representation in Cognitive Science commits him to representations in perceptual processing that are about probabilities. This commentary concerns how to adjudicate between this view and an alternative that locates the probabilities rather in the representational states’ associated “attitudes”. As background and motivation, evidence for probabilistic representations in perceptual processing is adduced, and it is shown how, on either conception, one can address a specific challenge Ned Block has raised to this evidence.

A characteristic form of philosophical inquiry seeks to answer ‘what is x?’ questions. In this paper, we ask how philosophers do and should adjudicate debates about the correct answer to such questions. We argue that philosophers do and should rely on a distinctive type of pragmatic and meta-representational reasoning – a form of rationalizing self-interpretation – in answering ‘what is x?’ questions. We start by placing our methodological discussion within a broader theoretical framework. We posit a necessary connection between epistemic (...) methodology and metasemantics. In our view, the correct semantic assignment for a representation must be justifiable from the epistemic perspective of the subject herself, given suitable empirical information and cognitive powers. So the upshot of your own ideal, fully informed epistemic methods will determine the correct answers to ‘what is x?’ questions. The bulk of the paper is devoted to articulating and defending our rationalizing self-interpretation account of philosophical methodology. By working through a specific example, we seek to isolate the relevant inputs into deliberation and the methods for adjudicating between competing answers to a ‘what is x?’ question. We suggest that the self-interpretive methods we isolate generalize across the board as a way of identifying the real nature of familiar topics. We also explain how these methods undercut the case for a priori conceptual analysis. (shrink)

According to many philosophers, rationality is, at least in part, a matter of one’s attitudes cohering with one another. Theorists who endorse this idea have devoted much attention to formulating various coherence requirements. Surprisingly, they have said very little about what it takes for a set of attitudes to be coherent in general. We articulate and defend a general account on which a set of attitudes is coherent just in case and because it is logically possible for the attitudes to (...) be jointly satisfied in the sense of jointly fitting the world. In addition, we show how the account can help adjudicate debates about how to formulate various rational requirements. (shrink)

This paper examines the differences between moralist, realist, and pragmatist approaches to political legitimacy by articulating their largely implicit views of judgment. Three claims are advanced. First, the salient opposition among approaches to legitimacy is not between “moralism” and “realism.” Recent realist proposals for rethinking legitimacy share with moralist views a distinctive form, called “normativism”: a quest for knowledge of principles that solve the question of legitimacy. This assumes that judging legitimacy is a matter of applying such principles to a (...) case at hand. Second, neither Rawls nor Habermas is a normativist about political legitimacy. The principles of legitimacy they proffer claim to express rather than adjudicate the legitimacy of a liberal-democratic regime, and thus cannot solve the question of legitimacy at a fundamental level. But perhaps we should question the normativist aspiration to theoretically resolving the problem to begin with. My third claim is that a “pragmatist” approach enables us to rethink political legitimacy more deeply by shifting focus from the articulation of principles to the activity of judging. Implicit in Rawls’s and Habermas’s theories I then find clues towards an alternative account of judgment, in which the question of legitimacy calls not for theoretical resolution but for ongoing practical engagement. (shrink)

Sam Harris (2010) argues that, given our neurology, we can experience well-being, and that seeking to maximize this state lets us distinguish the good from the bad. He takes our ability to compare degrees of well-being as his starting point, but I think that the analysis can be pushed further, since there is a (non-religious) reason why well-being is desirable, namely the finite life of an individual organism. It is because death is a constant possibility that things can be assessed (...) as “for” or “against” one (Champagne 2011a; Smith 2000). Such an account lets us objectively adjudicate moral questions, as Harris desires. However, by anchoring itself in the mortal body as a whole and not just the brain, such an account dampens the claim that neuroscience would have all the answers. Moreover, it pivots on an affirmation of one’s life that can seem mysterious by regular scientific standards. This chapter thus explains why the trade-off is worthwhile. (shrink)

Conceptual combination performs a fundamental role in creating the broad range of compound phrases utilised in everyday language. This article provides a novel probabilistic framework for assessing whether the semantics of conceptual combinations are compositional, and so can be considered as a function of the semantics of the constituent concepts, or not. While the systematicity and productivity of language provide a strong argument in favor of assuming compositionality, this very assumption is still regularly questioned in both cognitive science and philosophy. (...) Additionally, the principle of semantic compositionality is underspecifi ed, which means that notions of both "strong" and "weak" compositionality appear in the literature. Rather than adjudicating between different grades of compositionality, the framework presented here contributes formal methods for determining a clear dividing line between compositional and non-compositional semantics. In addition, we suggest that the distinction between these is contextually sensitive. Compositionality is equated with a joint probability distribution modeling how the constituent concepts in the combination are interpreted. Marginal selectivity is introduced as a pivotal probabilistic constraint for the application of the Bell/CH and CHSH systems of inequalities. Non-compositionality is equated with a failure of marginal selectivity, or violation of either system of inequalities in the presence of marginal selectivity. This means that the conceptual combination cannot be modeled in a joint probability distribution, the variables of which correspond to how the constituent concepts are being interpreted. The formal analysis methods are demonstrated by applying them to an empirical illustration of twenty-four non-lexicalised conceptual combinations. (shrink)

The extended mind thesis claims that a subject’s mind sometimes encompasses the environmental props the subject interacts with while solving cognitive tasks. Recently, the debate over the extended mind has been focused on Markov Blankets: the statistical boundaries separating biological systems from the environment. Here, I argue such a focus is mistaken, because Markov Blankets neither adjudicate, nor help us adjudicate, whether the extended mind thesis is true. To do so, I briefly introduce Markov Blankets and the free energy principle (...) in Section 2. I then turn from exposition to criticism. In Section 3, I argue that using Markov Blankets to determine whether the mind extends will provide us with an answer based on circular reasoning. In Section 4, I consider whether Markov Blankets help us track the boundaries of the mind, answering in the negative. This is because resorting to Markov Blankets to track the boundaries of the mind yields extensionally inadequate conclusions which violate the parity principle. In Section 5, I further argue that Markov Blankets led us to sidestep the debate over the extended mind, as they make internalism about the mind vacuously true. A brief concluding paragraph follows. (shrink)

This paper seeks to show how MacIntyre’s concept of a practice can survive a series of ‘scope problems’ which threaten to render the concept inapplicable to business ethics. I begin by outlining MacIntyre’s concept of a practice before arguing that, despite an asymmetry between productive and non-productive practices, the elasticity of the concept of a practice allows us to accommodate productive and profitable activities. This elasticity of practices allows us to sidestep the problem of adjudicating between practitioners and non-practitioners as (...) well as the problem of generic activities. I conclude by suggesting that the contemporary tendency to regard work as an object of consumption, rather than undermining MacIntyre’s account of practices, serves to demonstrate the potential breadth of its applicability. (shrink)

Despite the current surge of interest in loneliness, its health consequences, and possible remedies, the concept itself remains poorly understood. This paper seeks to contribute to a more fully worked out account of what loneliness consists in. It does this by stressing that loneliness always has an experiential component and by introducing a simple psychological structure to analyze the experience. On this basis, it suggests that we can distinguish between three ways of thinking about the phenomenal dimension of loneliness. There (...) are objectivist views that seek to understand loneliness by a description of its intentional object, subjectivist views that consider its holistic relation to other aspects of the sufferer's psyche, and embodied and enacted views that focus on the relation between the lonely person's mental life and her social environment. The aim is not to adjudicate between these views or to suggest that they are mutually exclusive. Rather, this paper recommends a pluralistic framework on which all three approaches have something to contribute to a fuller understanding of the condition and may be of use in devising measures aimed at improving sufferers' health. (shrink)

In this paper, I ask three questions of the liberal. In each, I fill in philosophical detail around a certain sort of complaint raised in current public debates about their position. In the first, I probe the limits of the liberal's tolerance for civil disobedience; in the second, I ask how the liberal can adjudicate the most divisive moral disputes of the age; and, in the third, I suggest the liberal faces a problem when there is substantial disagreement about the (...) boundaries of the rational and the reasonable. (shrink)

When are we obligated to believe someone? To what extent are people authorities about their own experiences? What kind of harm might we enact when we doubt? Questions like these lie at the heart of many debates in social and feminist epistemology, and they’re the driving issue behind a key conceptual framework in these debates—gaslighting. But while the concept of gaslighting has provided fruitful insight, it's also proven somewhat difficult to adjudicate, and seems prone to over-application. In what follows, I (...) argue that Katherine Hawley's theory of trust can provide a useful alternative lens for looking at contested testimony. To do this, I focus on a particularly complex—but increasingly popular—application of gaslighting: the physician/patient relationship, and the idea of ‘medical gaslighting’. I argue that, even though patients can experience harm when they are disbelieved, there are nevertheless good reasons for physicians not to trust patients about at least some of their own narratives. (shrink)

We often claim to know about what is good or bad, right or wrong. But how do we know such things? Both historically and today, answers to this question have most commonly been rationalist or sentimentalist in nature. Rationalists and sentimentalists clash over whether intellect or affect is the foundation of our evaluative knowledge. This paper is about the form that this dispute takes among those who agree that evaluative knowledge depends on perceptual-like evaluative experiences. Rationalist proponents of perceptualism invoke (...) intellectual experiences, while sentimentalist proponents invoke affective experiences. The goal of this paper is to offer a fresh strategy for adjudicating between intellectual and sentimental perceptualism. I argue that the perceptualist’s hand will be forced either in the direction of intellectual or sentimental perceptualism once she decides between two views about the modal status of our basic evaluative knowledge. I close with an argument that the more plausible of the two options is the one which fits best with sentimental perceptualism. The argument, then, is that perceptualists ought to be sentimentalists. (shrink)

There are three main accounts of the proper function of the low mood system (LMS): the social risk theory, the disease theory, and the propitiousness theory. Adjudicating between these accounts has proven difficult, as there is little agreement in the literature about what a theory of the LMS’s proper function is supposed to explain. In this article, drawing upon influential work on the evolution of other affective systems, such as the disgust system and the fear system, I argue that a (...) theory of the proper function of the low mood system should: (i) account for the reliable, distal causes and effects of the system’s activation, and (ii) explain how having a system that performed such a function increased fitness in ancestral environments. On this basis, I show that the proper function of the low mood system is to limit resource expenditure in relatively unpropitious circumstances, exactly as hypothesised by the propitiousness theory. (shrink)

Recalcitrant emotions are emotions that conflict with your evaluative judgements, e.g. fearing flying despite judging it to be safe. Drawing on the work of Greenspan and Helm, Brady argues these emotions raise a challenge for a theory of emotion: for any such theory to be adequate, it must be capable of explaining the sense in which subjects that have them are being irrational. This paper aims to raise scepticism with this endeavour of using the irrationality shrouding recalcitrant episodes to inform (...) a theory of emotion. I explain how ‘recalcitrant emotions’ pick out at least two phenomena, which come apart, and that there are different epistemic norms relevant to assessing whether, and if so how, subjects undergoing recalcitrant bouts are being irrational. I argue these factors result in differing accounts of the precise way these emotions make their bearers irrational, which in turn frustrates present efforts to adjudicate whether a given theory of emotion successfully meets this challenge. I end by briefly exploring two possible ways a philosophy of emotion might proceed in the face of such scepticism. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...) observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

This paper challenges a common dogma of the literature on forgiveness: that only victims have the standing to forgive. Attacks on third-party forgiveness generally come in two forms. One form of attack suggests that it follows from the nature of forgiveness that third-party forgiveness is impossible. Another form of attack suggests that although third-party forgiveness is possible, it is always improper or morally inappropriate for third parties to forgive. I argue against both of these claims; third-party forgiveness is possible, and (...) in some cases it is morally appropriate for third parties to forgive (or refuse to forgive) wrongdoers for wrongs done to victims. I also propose an explanation of third parties’ standing to forgive: third parties have the standing to forgive when it is appropriate for them to take wrongs done to victims ‘personally’. While appropriately ‘taking a wrong personally’ does not require seeing oneself as a victim, it typically does require being in some form of personal relationship with victims. Thus, while the standing to forgive is not grounded exclusively in having been wronged, the prerogative to forgive is normally limited to victims and their loved ones. And once we recognize the importance of third-party forgiveness in our moral lives and the norms that govern it, we can more easily adjudicate between competing accounts of the nature of forgiveness.​. (shrink)

Although there once was a general consensus among race scholars that applying race categories to humans is biologically illegitimate, this consensus has been erased over the past decade. This is largely due to advances in population genetics that allow biologists to pick out genetic population clusters that approximate some of our common sense racial categories. In this paper, I argue that this new ability really ought not undermine our confidence in the biological illegitimacy of the human races. Unfortunately, the claim (...) that races are biologically legitimate is ambiguous—the sense I will be concerned with here holds that the human species can be divided into biological subspecies. Sesardic and Andreasen have both argued that the cluster results are evidence for subspecies within the human population. I show the cluster results are in fact evidentially inert relative to each author’s preferred subspecies concept. I then sketch the kinds of biological facts that could be used to adjudicate whether human subspecies have existed in the past. (shrink)

The extended mind thesis claims that a subject’s mind sometimes encompasses the environmental props the subject interacts with while solving cognitive tasks. Recently, the debate over the extended mind has been focused on Markov Blankets: the statistical boundaries separating biological systems from the environment. Here, I argue such a focus is mistaken, because Markov Blankets neither adjudicate, nor help us adjudicate, whether the extended mind thesis is true. To do so, I briefly introduce Markov Blankets and the free energy principle (...) in Section 2. I then turn from exposition to criticism. In Section 3, I argue that using Markov Blankets to determine whether the mind extends will provide us with an answer based on circular reasoning. In Section 4, I consider whether Markov Blankets help us track the boundaries of the mind, answering in the negative. This is because resorting to Markov Blankets to track the boundaries of the mind yields extensionally inadequate conclusions which violate the parity principle. In Section 5, I further argue that Markov Blankets led us to sidestep the debate over the extended mind, as they make internalism about the mind vacuously true. A brief concluding paragraph follows. (shrink)

One of the many debates in the philosophy of race is whether we should eliminate or conserve discourse, thought, and practices reliant on racial terms and categories (i.e., race-talk). In this paper, I consider this debate in the context of medicine. The recent resurgence in anti-racist activism and the COVID-19 pandemic have prompted philosophers, medical professionals, and the public to (re)consider race, its role in long-standing health disparities, and the utility of race-based medicine. In what follows, I argue that while (...) utility is insufficient for adjudicating permissible uses of race in medicine, eliminativism is neither necessary nor sufficient for dealing with the sort of ills associated with race-based medicine. I, then, use a virtue-based framework to adjudicate morally permissible uses of race in medicine. In doing so, I demonstrate the limitations of eliminativism, offer a decision procedure for determining morally permissible uses of race, and demonstrate that the debate regarding eliminating or preserving race-talk need not depend on conclusive answers to metaphysical questions regarding race. (shrink)

The widely discussed "discursive dilemma" shows that majority voting in a group of individuals on logically connected propositions may produce irrational collective judgments. We generalize majority voting by considering quota rules, which accept each proposition if and only if the number of individuals accepting it exceeds a given threshold, where different thresholds may be used for different propositions. After characterizing quota rules, we prove necessary and sufficient conditions on the required thresholds for various collective rationality requirements. We also consider sequential (...) quota rules, which ensure collective rationality by adjudicating propositions sequentially and letting earlier judgments constrain later ones. Sequential rules may be path-dependent and strategically manipulable. We characterize path-independence and prove its essential equivalence to strategy-proofness. Our results shed light on the rationality of simple-, super-, and sub-majoritarian decision-making. (shrink)

The organism is neither a discovery like the circulation of the blood or the glycogenic function of the liver, nor a particular biological theory like epigenesis or preformationism. It is rather a concept which plays a series of roles – sometimes overt, sometimes masked – throughout the history of biology, and frequently in very normative ways, also shifting between the biological and the social. Indeed, it has often been presented as a key-concept in life science and the ‘theorization’ of Life, (...) but conversely has also been the target of influential rejections: as just an instrument of transmission for the selfish gene, but also, historiographically, as part of an outdated ‘vitalism’. Indeed, the organism, perhaps because it is experientially closer to the ‘body’ than to the ‘molecule’, is often the object of quasi-affective theoretical investments presenting it as essential, sometimes even as the pivot of a science or a particular approach to nature, while other approaches reject or attack it with equal force, assimilating it to a mysterious ‘vitalist’ ontology of extra-causal forces, or other pseudo-scientific doctrines. This paper does not seek to adjudicate between these debates, either in terms of scientific validity or historical coherence; nor does it return to the well-studied issue of the organism-mechanism tension in biology. Recent scholarship has begun to focus on the emergence and transformation of the concept of organism, but has not emphasized so much the way in which organism is a shifting, ‘go-between’ concept – invoked as ‘natural’ by some thinkers to justify their metaphysics, but then presented as value-laden by others, over and against the natural world. The organism as go-between concept is also a hybrid, a boundary concept or an epistemic limit case, all of which partly overlap with the idea of ‘nomadic concepts’. Thereby the concept of organism continues to function in different contexts – as a heuristic, an explanatory challenge, a model of order, of regulation, etc. – despite having frequently been pronounced irrelevant and reduced to molecules or genes. Yet this perpetuation is far removed from any ‘metaphysics of organism’, or organismic biology. (shrink)

This essay introduces the ‘she said, he said’ paradox for Title IX investigations. ‘She said, he said’ cases are accusations of rape, followed by denials, with no further significant case-specific evidence available to the evaluator. In such cases, usually the accusation is true. Title IX investigations adjudicate sexual misconduct accusations in US educational institutions; I address whether they should be governed by the ‘preponderance of the evidence’ standard of proof or the higher ‘clear and convincing evidence’ standard. -/- Orthodoxy holds (...) that the ‘preponderance’ standard is satisfied if the evidence adduced renders the litigated claim more likely than not. On this view, I argue, ‘she said, he said’ cases satisfy the ‘preponderance’ standard. But this consequence conflicts with plausible liberal and feminist claims. In this essay I contrast the ‘she said, he said’ paradox with legal epistemology’s proof paradox. I explain how both paradoxes arise from the distinction between individualised and non-individualised evidence, and I critically evaluate responses to the ‘she said, he said’ paradox. (shrink)

What constitutes a “good” life—not necessarily a morally good life, but a life that is good for the person who lived it? In response to this question of “well-being," philosophers have offered three significant answers: A good life is one in which a person can satisfy their desires (“Desire-Satisfaction” or “Preferentism”), one that includes certain good features (“Objectivism”), or one in which pleasurable states dominate or outweigh painful ones (“Hedonism”). To adjudicate among these competing theories, moral philosophers traditionally gather data (...) from thought experiments and intuition. In this chapter, we supplement that traditional approach with a pair of experimental studies that examine whether the three theories reflect laypeople’s intuitions about well-being. The empirical studies yield two primary findings. First, they provide evidence for lay "well-being pluralism": laypeople treat desire satisfaction, positive objective conditions, and happiness as all constitutive of well-being. Second, the studies provide evidence of "hedonic dominance": laypeople evaluate an individual’s happiness as more important to an individual’s overall well-being than desire satisfaction or objective conditions. (shrink)

Logical consequence is typically construed as a metalinguistic relation between sentences. Deflationism is an account of logic that challenges this orthodoxy. In Williamson’s recent presentation of deflationism, logic’s primary concern is with universal generalizations over absolutely everything. As well as an interesting account of logic in its own right, deflationism has also been recruited to decide between competing logics in resolving semantic paradoxes. This paper defends deflationism from its most important challenge to date, due to Ole Hjortland. It then presents (...) two new problems for the view. Hjortland’s objection is that deflationism cannot discriminate between distinct logics. I show that his example of classical logic and supervaluationism depends on equivocating about whether the language includes a “definitely” operator. Moreover, I prove a result that blocks this line of objection no matter the choice of logics. I end by criticizing deflationism on two fronts. First, it cannot do the work it has been recruited to perform. That is, it cannot help adjudicate between competing logics. This is because a theory of logic cannot be as easily separated from a theory of truth as its proponents claim. Second, deflationism currently has no adequate answer to the following challenge: what does a sentence’s universal generalization have to do with its logical truth? I argue that the most promising, stipulative response on behalf of the deflationist amounts to an unwarranted change of subject. (shrink)

The setting of evidential standards is a core practice of scientific assessment for policy. Persuaded by considerations of inductive risk, philosophers generally agree that the justification of evidential standards must appeal to non-epistemic values but debate whether the balance of non-epistemic reasons favours varying evidential standards versus maintaining fixed high evidential standards in assessment, as both sets of standards promote different and important political virtues of advisory institutions. In this paper, I adjudicate the evidential standards debate by developing a novel (...) argument from justice, drawing on the IPCC’s assessment of climate impacts as a case study. I argue that in assessments marked by background evidential inequality, maintaining fixed high evidential standards results in an unequal distribution of ‘epistemic power’ among stakeholders, producing a ‘powerful assessment’ for the data-rich (a high rate of findings) and a ‘weak assessment’ for the data-poor (a low rate of findings). Where such inequalities of epistemic power disadvantage those in data-poor regions with respect to fundamental interests, such as basic human rights, we have decisive reasons of justice to vary evidential standards. (shrink)

In both psychology and philosophy, cognitive theories of emotion have met with increasing opposition in recent years. However, this apparent controversy is not so much a gridlock between antithetical stances as a critical debate in which each side is being forced to qualify its position in order to accommodate the other side of the story. Here, I attempt to sort out some of the disagreements between cognitivism and its rivals, adjudicating some disputes while showing that others are merely superficial. Looking (...) at evidence from neuroscience and social psychology, as well as thought experiments and theoretical arguments, I conclude that it is necessary to acknowledge both that emotions have intentional content and that they involve somatic agitation. I also point out some of the more promising directions for future research in this area. (shrink)