Can stable regularities be explained without appealing to governing laws or any other modal notion? In this paper, I consider what I will call a ‘Humean system’—a generic dynamical system without guiding laws—and assess whether it could display stable regularities. First, I present what can be interpreted as an account of the rise of stable regularities, following from Strevens [2003], which has been applied to explain the patterns of complex systems (such as those from meteorology and statistical mechanics). Second, since (...) this account presupposes that the underlying dynamics displays deterministic chaos, I assess whether it can be adapted to cases where the underlying dynamics is not chaotic but truly random—that is, cases where there is no dynamics guiding the time evolution of the system. If this is so, the resulting stable, apparently non-accidental regularities are the fruit of what can be called statistical necessity rather than of a primitive physical necessity. (shrink)

Artificial intelligence has arrived. In the online world it is already a part of everyday life, sitting invisibly behind a wide range of search engines and online commerce sites. It offers huge potential to enable more efficient and effective business and government but the use of artificial intelligence brings with it important questions about governance, accountability and ethics. Realising the full potential of artificial intelligence and avoiding possible adverse consequences requires societies to find satisfactory answers to these questions. This (...) report sets out some possible approaches, and describes some of the ways government is already engaging with these issues. (shrink)

Locke’s Second Treatise of Government lays the foundation for a fully liberal order that includes representative and limited government, and that guarantees basic civil liberties. Though future thinkers filled in some gaps left in his doctrine, such as division of powers between executive and judicial branch of government, as well as fuller exposition of economic freedom and human rights, it is Locke, who paves the way for others. The article reviews the Treatise, paying particular attention to his (...) ingenious way to render absolute power illegitimate and to create an order that breeds citizens, not subject. In this, the article claims, Locke is a Whig rather than a continental liberal. He worries about state omnipotence and the threat it poses for citizens. Though resorting to an abstract construct—state of nature—he still is a common sense, English thinker, far from a continental reformer who would thoroughly redesign the existing order. (shrink)

ABSTRACT It is fruitless to interpret Constant's modern liberty from the binary perspective of either the negative/positive freedom opposition or the liberal/republican freedom opposition. Both oppositional perspectives reduce the relationally complex nature of modern liberty to one or another component of the relation. Such reduction inevitably results in an incomplete and, therefore, inadequate interpretation of Constant's modern liberty. Consequently, either of these binary frames of interpretation obscures rather than illuminates the full nature of Constant's modern liberty. Boxed into their irreconcilably (...) opposed alternatives, both binary perspectives fail to appreciate that Constant's conception of modern liberty is a complex achievement irreducible without loss to either liberal negative liberty as non-interference or republican freedom as non-domination. Nor does combining liberal negative freedom and positive freedom (in the sense of ancient liberty), as Holmes well establishes, adequately tells the whole story of Constant's modern liberty. As a complex achievement, Constant's conception of modern liberty, I shall argue, blends negative freedom as associated with neo-Roman republican freedom as non-subjection to arbitrary power, negative freedom as non-interference, associated with the liberal tradition, positive freedom in the sense of inner self-development, and positive freedom as collective self-government or civic republican freedom. (shrink)

Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource (...) exit from dominating relationships within markets of all types, be they marital, labour, or residential. The substantial intervention and redistribution necessitated by such an approach make it leftist, while its tendency to work with rather than against the grain of markets makes it centrist. It is, in short, a contribution to progressive republican political thought, but one that is less social-democratic than market-democratic in character. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...) and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

The thesis aims at a methodological reflection of logical reconstruction and tries to develop this method in detail, especially with regard to the reconstruction of natural language arguments. First, the groundwork for the thesis is laid by presenting and, where necessary, adapting its foundations with regard to the philosophy of language and the theory of argument. Subsequently, logical reconstruction, especially the logical reconstruction of arguments, is presented as a hermeneutic method and as a tool for the application of (formal) logic (...) and argumentation theory to natural language arguments. Logical reconstruction is presented as a special type of exegetical interpretation by paraphrase that is subject to (adapted) hermeneutic maxims and presumption rules that govern exegetical interpretation in general. However, in contrast to the interpretation of texts by natural language paraphrases, logical reconstruction leads to interpretantia that are logically explicit formal language texts and can be analyzed using formal methods and meta-theoretical concepts that are not directly applicable to natural language texts. By providing explicit and precise records of different readings, logical reconstruction can thus help to clarify (and maybe even solve) persistent interpretation controversies. Through an adaptation and specification of hermeneutic maxims and presumption rules, the thesis aims at providing suitable means for the systematic guidance and evaluation of logical reconstructions of argumentative texts. As a genuinely interpretative undertaking, logical reconstruction will be distinguished from the non-interpretative enterprise of formalization and from the development of theories of logical form, which provide a framework in which formalization and reconstruction take place. As exegetical interpretations, logical reconstructions of texts that are not readily formalizable can still be assessed with respect to their hermeneutic quality. The hermeneutic method of logical reconstruction can thus widen the scope for the application of logic and argumentation theory, because it allows us to use formal methods for the analysis and assessment of "difficult" natural language texts in a non-arbitrary, albeit indirect way. The last part of the thesis presents a manual for the logical reconstruction of natural language arguments, whose application is illustrated step by step. (shrink)

I build on Adam Smith’s account of the impartial spectator in The Theory of Moral Sentiments in order to offer a modest ideal observer theory of moral judgment that is adequate in the following sense: the account specifies the hypothetical conditions that guarantee the authoritativeness of an agent’s (or agents’) responses in constituting the standard in question, and, if an actual agent or an actual community of agents are not under those conditions, their responses are not authoritative in setting this (...) standard. However, in the account that I provide, the hypothetical conditions can themselves be constructed from the psychology and interactions of actual human beings. In other words, facts about the morally appropriate and inappropriate are determined from hypothetical conditions that––while agents in a given society might have yet to attain them––can be constructed from those agents’ shared experiences. Thus, the account offers both an attainable standard of moral judgment and a standard that can transcend the biases of the society which gave rise to it. I also defend the account against three challenges: (a) ideal observer theories do not offer the right kind of motivation to act on the verdicts of the ideal observer; (b) ideal observer theories cannot explain why the idealization in question is well-motivated and not objectionably ad hoc; (c) the standard used in ideal observer theories cannot be defended upon further reflection, because we would need a non-arbitrary, second-order standard to govern our reflection on the first-order standard of moral judgment. (shrink)

A pardon is an act of mercy according to the law, but is a pardon mercy in an ordinary or genuine sense? What distinguishes a pardon from a lenient judicial sentence, which is not mercy by the law’s lights? These are questions about what mercy as it is understood in law has to do with mercy as it is understood outside of law, and about who in government acts mercifully and when, if indeed anyone in government ever does. (...) Here I propose a general analysis of mercy, then bring that analysis to bear on government action. Three features of my analysis are noteworthy. First, almost all existing analyses say that mercy is unconstrained in a normative sense, but I argue that mercy is unconstrained in the way that arbitrary power is unconstrained. Second, although it’s often assumed that mercy must be motivated by compassion, I show that mercy only requires acting with the intention to benefit the recipient. Third, my analysis says that mercy requires the giver of mercy to overcome a motivation to treat the recipient harshly. Given this analysis, few government acts are merciful, but pardon is an institutional approximation or analog of mercy. -/- . (shrink)

Gandhi was a political and social activist rather than a philosopher or thinker. However, the level of morality and purity in his politics was so high that it took politics to the spiritual and philosophical level. The same thing can be said for his social and economic thoughts. Therefore, Gandhi's Swaraj is cultural, political and spiritual because politics was a spiritual ( religious) work for him. The question of Swaraj was not just a political question for him, nor did Swaraj (...) mean for him only the expulsion of the British from India but freedom from slavery mentality as well . Thus, Gandhian Swaraj goes beyond the concept of political sef rule and freedom. Swaraj is one's self rule over body and soul, a comprehensive self control. Swaraj is an equally important question in post independent India too. Swaraj is a vigilance for civil rights, public welfare, constitutionalism and good governance in a politically independent country. It empowers civil society. Hence Swaraj is continuous effort of independence and insistence on truth against arbitrary power of state and thus Swaraj creates and empowers civil society. From this point of view, Locke, Mill, and Rousseau are seen together in his Swarajist thoughts. Therefore, for Gandhi, Swaraj is a continuous process . (shrink)

In this paper, I discuss the influential view that depiction, like language, depends on arbitrary conventions. I argue that this view, however it is elaborated, is false. Any adequate account of depiction must be consistent with the distinctive features of depiction. One such feature is depictive generativity. I argue that, to be consistent with depictive generativity, conventionalism must hold that depiction depends on conventions for the depiction of basic properties of a picture’s object. I then argue that two considerations (...) jointly preclude depiction from being governed by such conventions. Firstly, conventions must be salient to those who employ them. Secondly, those parts of pictures that depict basic properties of objects are not salient to the makers and interpreters of pictures. (shrink)

According to an influential reading of his later philosophy, Wittgenstein thinks that nonsense can result from combining expressions in ways prohibited by the rules to which their use is subject. According to another influential reading, the later Wittgenstein thinks that nonsense only ever results from privation—that is, from a failure to assign a meaning to one or more of the relevant expressions. This chapter challenges Glock’s defence of the view that the later Wittgenstein allows for combinatorial nonsense. In doing so, (...) it defends a version of the privation view. According to it, Wittgenstein thinks that nonsense results, not so much from a failure to assign a meaning to an expression, as a failure to use an expression in a way that has a point or purpose. As the chapter shows, this interpretation is consistent with prominent themes in Wittgenstein’s later philosophy, such as that meaning and explanation are coordinate notions, that for a word to have a meaning is for there to be a rule-governed practice of using it, that the rules of the practice are arbitrary, and that they determine the bounds of sense. (shrink)

Are workers dominated? A recent suite of neo-republican and relational egalitarian philosophers think they are. Suppose they are right; that is, suppose that some workers are governed by an unjust and arbitrary power existing in labour relations, which persists even in the presence of the actual ability to exit. My question is this: does that give us reason to impose restrictions on firms? According to the so-called Efficiency Objection there are relevant trade-offs that need to be considered between the (...) efficiency of firms and the freedom of workers, and upon considering these trade-offs, we should reject workplace democracy. In this paper, I present a dilemma for the Efficiency Objection. I argue that either the Efficiency Objection is justified on moral grounds or non-moral grounds; if the Efficiency Objection is justified on moral grounds, then it fails because efficiency cannot be valued for its own sake (it is only instrumentally good); if the Efficiency Objection is justified on non-moral grounds, then it fails because of the respect that we owe to persons as persons; therefore, the Efficiency Objection fails. (shrink)

Freedom as a natural right, the importance of consent, defending the idea that government should be in the hands of the most virtuous and reflective citizens, denouncing patronage, the need to link individual and political freedom ? These are some of the characteristics of La Boétie's doctrine that I believe place him within the tradition that Quentin Skinner calls the neo-Roman conception of civil liberty. Of course, La Boétie did not write a positive defence of the rule of law, (...) as Livy did in his History of Rome and as the English republicans do, but the Discourse can easily be read as a legal plea condemning absolute monarchy and any kind of arbitrary regime. (shrink)

This doctoral dissertation investigates the notion of physical necessity. Specifically, it studies whether it is possible to account for non-accidental regularities without the standard assumption of a pre-existent set of governing laws. Thus, it takes side with the so called deflationist accounts of laws of nature, like the humean or the antirealist. The specific aim is to complement such accounts by providing a missing explanation of the appearance of physical necessity. In order to provide an explanation, I recur to fields (...) that have not been appealed to so far in discussions about the metaphysics of laws. Namely, I recur to complex systems’ theory, and to the foundations of statistical mechanics. The explanation proposed is inspired by how complex systems’ theory has elucidated the way patterns emerge, and by the probabilistic explanations of the 2nd law of thermodynamics. More specifically, this thesis studies how some constraints that make no direct reference to the dynamics can be a sufficient condition for obtaining in the long run, with high probability, stable regular behavior. I hope to show how certain metaphysical accounts of laws might benefit from the insights achieved in these other fields. According to the proposal studied in this thesis, some regularities are not accidental not in virtue of an underlying physical necessity. The non-accidental character of certain regular behavior is only due to its overwhelming stability. Thus, from this point of view the goal becomes to explain the stability of temporal patterns without assuming a set of pre-existent guiding laws. It is argued that the stability can be the result of a process of convergence to simpler and stable regularities from a more complex lower level. According to this project, if successful, there would be no need to postulate a (mysterious) intermediate category between logical necessity and pure contingency. Similarly, there would be no need to postulate a (mysterious) set of pre-existent governing laws. Part I of the thesis motivates part II, mostly by arguing why further explanation of the notions of physical necessity and governing laws should be welcomed (chapter 1), and by studying the plausibility of a lawless fundamental level (chapters 2 and 3). Given so, part II develops the explanation of formation of simpler and stable behavior from a more complex underlying level. (shrink)

Recent legal opinions and scholarly works invoke the political philosophy of John Locke, and his claim that there is a natural right of self-defense, to support the view that the 2nd Amendment’s right to bear arms is so fundamental that no state may disarm the people. I challenge this use of Locke. For Locke, we have a right of self-defense in a state of nature. But once we join society we no longer may take whatever measures that seem reasonable to (...) us to defend ourselves: we are bound to the law duly enacted according to the original Constitution to which we consented. For Locke, how best to avoid dissolution of government and preserve individual liberty is for the people to judge collectively, unconstrained by natural proscriptions on gun regulations, limited only by the demands that government not be arbitrary and that it serve the public good. (shrink)

During times of emergency like the pandemic itself, governments are often seen as exercising “exceptional power”. Given the state of growing urgency in responding to the pandemic, there is a worry that governments may resort to exercising their exceptional power arbitrarily—either willingly, unintentionally or perhaps even negligently. When power is exercised by states or even by non-state actors arbitrarily over a person or group, that is, at their own will in the absence of appropriate institutional checks and balances, republican theorists (...) argue that we are confronted with a threat to our freedom as non- domination. In this chapter, I explore whether, and in what ways, worries about domination could surface in the context of government’s enforcement of risk- containment measures in response to the pandemic. While imposition of these measures is deemed necessary and important for reducing risks in response to the pandemic, their imposition is prima facie problematic if it constitutes or entails wrongful exercise of arbitrary power, thereby risking domination of citizens. I motivate this claim by examining India’s initial response to the Covid-19 pandemic, particularly focussing on the public health emergency legislature (or lack thereof) authorising the implementation of emergency risk-containment measures. (shrink)

This chapter proceeds in five steps. First, we will describe and justify the structure of the traditional system of species classification. Second, we will discuss three formal principles governing the development of taxonomies in general. It will emerge that, in addition to these formal principles, a division of living beings must meet certain empirical constraints. In the third section, we will show that the traditional division of living beings into species best meets these constraints. Fourth, we will argue that a (...) taxonomic system based on this notion of species provides a more natural alternative to the many arbitrary classifications that are possible. Hence, the traditional classificatory system is also the most natural one. Finally, we will discuss and reject an alternative account that suggests defining species solely with a view to their evolutionary history. We will argue that taxonomic trees do not depict hereditary connections but, rather, something else. (shrink)

John Locke held that every person has a natural duty to use her property efficiently, and that consent is required for legitimate political power. On the face of it, these two positions seem to be in tension. This is because, (1) according to Locke, it is nearly impossible to use resources efficiently unless one lives within a political community, and (2)the waste restriction is enforceable. Consequently, it might seem that persons living outside civil society may be forced to submit to (...) civil power, in violation of the consent requirement. I argue that this tension is only apparent; although the waste restriction is enforceable, the consent requirement is safe. But in the course of resolving this difficulty, three significant, but little-noticed, features of Locke's doctrine of consent to government come to light: (A) consent is conceptually necessary, and not just morally required, for persons to be subject to political power; (B) most people living outside civil society have a moral obligation to enter civil society if they can; and (C) consent to government can bind under duress so long as the duress does not render anyone dependent on the arbitrary wills of others. (shrink)

The natural duty theory holds that "we have a natural duty to support the laws and institutions of a just state" (Jeremy Waldron). We owe this not because we ever promised to support these laws and institutions, nor because fair play requires we support the cooperative ventures from which we receive benefits. The claim is that we have a general duty to promote institutions that do something justice requires wherever these institutions may be, a duty that does not depend on (...) our having special ties to these institutions, special ties of the sort we have to the institutions of our own government. I argue that we do not need to appeal to the idea of a natural duty to justify compliance with many laws. For example, New Zealanders must not murder, rape, or steal while in France, not because they have a duty to obey laws of a just state, but because it is wrong to murder, rape, or steal. If the natural duty theory is taken to be a statement of the conditions necessary for an obligation to exist, it would wrongly conclude there is no duty to obey laws against murder or rape in a state whose institutions and laws are not just. A second class of laws reflect not moral judgments but, rather, local conventions, conventions that are morally arbitrary but which may be useful in coordinating action. For example, New Zealanders visiting France must drive on the right side of the road, as dictated by French convention. Here, too, the natural duty theory fails to provide a suitable account of the relation noncitizens have to such laws. Our reasons for driving on the right side of the road when this is accepted convention have nothing to do with the justice of the institutions of the state. To flout this convention is not to undermine justice since there is nothing just or unjust about driving on one side of the road or another. I question the advantages of the natural duty theory, especially in light of important ambiguities in the theory. (shrink)

It is beyond doubt that the legal system established by the Nazi government in Germany between 1933-1945 represented a gross departure from the rule of law: the Nazis eradicated legal security and certainty; allowed for judicial and state arbitrariness; blocked epistemic access to what the law requires; issued unpredictable legal requirements; and so on. This introduction outlines the distorted nature of the Nazi legal system and looks at the main factors that contributed to this grave divergence.

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

Rollback arguments focus on long sequences of actions with identical initial conditions in order to explicate the luck problem that indeterminism poses for libertarian free will theories (i.e. the problem that indeterministic actions appear arbitrary in a free-will undermining way). In this paper, I propose a rollback argument for probability incompatibilism, i.e. for the thesis that free will is incompatible with all world-states being governed by objective probabilities. Other than the most prominently discussed rollback arguments, this argument explicitly focusses (...) on the ability to act otherwise. It argues that the negligible probability of the relative frequencies in overall rollback patterns being relevantly different indicates that even the ability to act otherwise with regard to individual actions is not free-will enabling. My proposed argument provides probability incompatibilists with a tool to argue against a classical event-causal response to the luck problem, while it can still motivate an agent-causal response to it. (shrink)

Here we analyse the legitimacy of government actions during the Covid-19 pandemic (lockdowns, social distancing, and masks) and the way they restrict individual choice and derail society by appealing to the masses. Rather than focusing on scientific research on the actual virus, we focus on the set of arguments typically provided by pro-measures individuals to show that they are based on the concepts of cognitive misery, lazy option, and problem substitution. We discuss some of the most notorious slogans and (...) provide counterarguments to show that governments, media, experts, and other institutions have been led by the inertia of a confusing problem based on arbitrary and entangled grounds. Our conclusion is that governments, media, and industry are forcing “one-liners” (slogans) upon the true minority under attack: the single individual. Only when the single individual manages to become a sufficiently strong power, consideration of personal choice is granted. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

ABSTRACT -/- A propositional attitude (PA) is a belief, desire, fear, etc., that x is the case. This dissertation addresses the question of the semantic content of a specific kind of PA-instance: an instance of a belief of the form all Fs are Gs. The belief that all bachelors are sports fans has this form, while the belief that Spain is a country in Eastern Europe do not. Unlike a state of viewing the color of an orange, a belief-instance is (...) semantically contentful because it has reference, a meaning, logical implications, or a truth-value. While the intrinsic semantics view holds that either concepts or abstract objects are the source of content for PAs, the extrinsic semantics view holds that symbols of a mental language provide this content. I argue that a successful theory of intentionality must explain: (1) the truth-preserving causal powers of PAs, (2) the failure of the deductive principle Substitutivity to preserve truth over sentences that ascribe PAs, and (3) the truth-evaluability of PAs. As an internalist version of the extrinsic semantics view, I first evaluate Fodor’s Computational Theory of Mind, which says the semantic ingredients of mental states are symbols governed by rules of a mental syntax. I argue that in order to meet (1), CTM would have to associate the causal patterns of each thought-type with the inferential relations of some proposition – in an arbitrary or question-begging way. I also evaluate Fodor’s causal theory, as an externalist version of the extrinsic semantics view. This view is that lawlike causal relations between mental symbols and objects determine the reference, and thus the truth-value, of a thought. I argue that Brian Loar’s circularity objection refutes the ability of this theory to meet (3); and I endorse the intrinsic semantics perspective. I evaluate Frege’s theory of abstract, mind-external, and intrinsically semantic objects (senses), as an attempt to meet condition (2). I conclude that mind-external universals are the source of the intrinsically semantic features of concepts. Finally, I put forth a theory called ‘Bare Property Intentionality’, which describes the features of intrinsically representative and semantic concepts that connect them to these universals. (shrink)

Once again the decision and court opinion are an element within the general understanding of law at least in the common law countries. A lawyerly way has implications in shaping the pattern of public administration, but in differing extent of public attraction or normative impact. -/- First, while the Constitution of United States had brought a popular democracy and Constitution-based structure of government, the Ancient Regime had been overhauled in new land. The “nobility” as a basis of government (...) was dispelled, and people arose as a main class or pillar of nation. As we take a precept of chaotic years from the Articles of Confederation thorough the Constitution, the earlier ambition was mixed between the diplomatic unity and one strong national government. This context implicates much over the centuries and can also be illustrated with a residue of classic and present practice of international politics. The characteristics as temporal for the years would more properly be sensible with the kinds of description, for example, “atmosphere of war, interstate comity or discredit, chaos from the heterogeneous regional power and social incongruence nationally.” A threat from the mainland Europe had been constant at considerable period of time upon the independence. For the nation, it is more urgent to make it clear who will decide the will of nation, how to effectively consolidate the function of government, or how to manage the least of nation with the subjects than active interaction with the people, although the people are one distinct element of new Constitution and ideologically pronounced in the preamble of Constitution. This generally led to recognition that the role of Constitution and Supreme Court were minimal in terms of public policy making and that their policy contained in the opinion often is sheer of internal issues among the public power other than those of people. The kind of Kantian ambition for the universal justice on liberty and equality, hence, should wait for more prosperous time afterwards that people tend to be conscious of their basic rights or public good from the arbitrary rule of majority, given our concocted recognition from the kind of public policy ideals from Bentham, “the greatest happiness of greatest number,” and “revolutionary spirit on people.” It perhaps would not be irrelevant, in understanding of the impact of judicial rulings on public policy, that the US is other than unitary system of government. Oftentimes the kind of rulings on criminalization of adultery or right to privacy would surprise the people, but the kind of oxymoron or public debate, as likely persistent over the decades and diverse reaction, would normally not be present in the jurisdictions of unitary system. The people of such jurisdictions would be more than receptive, and be readily marshaled to adapt with the public guidelines elucidated by the court ruling. We also chat on the multiculturalism in the society and workplace. Given the judicial activism, the Supreme Court justices might be clairvoyant, who would be equipped with goodwill, wisdom and almighty intelligence to assuage an untreatable scope of interests and state specificities. Foreign lawyers would find such ample source of laws in surprise, who might envy a wide coverage of judicial interests. They perhaps would take the US context as the kind of insightful classroom and learn the lessons from their case laws. (shrink)

Evidential Uniqueness is the thesis that, for any batch of evidence, there’s a unique doxastic state that a subject with that evidence should have. One of the most common kinds of objections to views that violate Evidential Uniqueness are arbitrariness objections – objections to the effect that views that don’t satisfy Evidential Uniqueness lead to unacceptable arbitrariness. The goal of this paper is to examine a variety of arbitrariness objections that have appeared in the literature, and to assess the extent (...) to which these objections bolster the case for Evidential Uniqueness. After examining a number of different arbitrariness objections, I’ll conclude that, by and large, these objections do little to bolster the case for Evidential Uniqueness. (shrink)

The debate between Uniqueness and Permissivism concerns whether a body of evidence sometimes allows multiple doxastic attitudes towards a proposition. An important motivation for Uniqueness is the so-called ‘arbitrariness argument,’ which says that Permissivism leads to some unacceptable arbitrariness with regard to one's beliefs. An influential response to the argument says that the arbitrariness in beliefs can be avoided by invoking epistemic standards. In this paper, I argue that such a response to the arbitrariness argument is unsuccessful. Then I defend (...) a new response: contrary to common conception, the arbitrariness resulted by Permissivism is acceptable. The basic idea is that the arbitrariness resulted by Permissivism is analogous to the arbitrariness in permissive actions and the latter arbitrariness is intuitively acceptable. I answer three possible objections against this analogy, which are all motivated by the thought that beliefs aim at the truth. In addressing the last objection, I draw inspiration from the recent debate on transformative experience. (shrink)

When a belief has been influenced, in part or whole, by factors that, by the believer's own lights, do not bear on the truth of the believed proposition, we can say that the belief has been, in a sense, arbitrarily formed. Can such beliefs ever be rational? It might seem obvious that they can't. After all, belief, supposedly, “aims at the truth.” But many epistemologists have come to think that certain kinds of arbitrary beliefs can, indeed, be rational. In (...) this paper, I want to do two things. First, I want to show that the claim that arbitrary beliefs can be rational is inconsistent with the conjunction of two other attractive claims: one saying that rationality requires a certain kind of epistemic immodesty, and one saying that rationality forbids certain kinds of self-ascriptions of epistemic luck. Second, I want to evaluate different ways one might respond to this inconsistent triad. I won't defend any response in particular, but I'll draw out some notable costs and benefits of each response, which may help shed light on the question of whether arbitrary beliefs can be rational. (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)

There are two kinds of time-bias: near-bias and future-bias. While philosophers typically hold that near-bias is rationally impermissible, many hold that future-bias is rationally permissible. Call this normative hybridism. According to arbitrariness objections, certain patterns of preference are rationally impermissible because they are arbitrary. While arbitrariness objections have been levelled against both near-bias and future-bias, the kind of arbitrariness in question has been different. In this paper we investigate whether there are forms of arbitrariness that are common to both (...) kinds of preferences, and hence whether there are versions of the arbitrariness objection that are objections both to near-bias and future-bias. If there are, then this might go some way towards undermining normative hybridism and to defending a thorough-going time-neutralism. (shrink)

Reductionist realist accounts of certain entities, such as the natural numbers and propositions, have been taken to be fatally undermined by what we may call the problem of arbitrary identification. The problem is that there are multiple and equally adequate reductions of the natural numbers to sets (see Benacerraf, 1965), as well as of propositions to unstructured or structured entities (see, e.g., Bealer, 1998; King, Soames, & Speaks, 2014; Melia, 1992). This paper sets out to solve the problem by (...) canvassing what we may call the arbitrary reference strategy. The main claims of such strategy are 2. First, we do not know which objects are the referents of proposition and numerical terms since their reference is fixed arbitrarily. Second, our ignorance of which object is picked out as the referent does not entail that no object is referred to by the relevant expression. Different articulations of the strategy are assessed, and a new one is defended. (shrink)

The aim of this paper is to introduce, elucidate and defend the usefulness of a variant of grounding, or metaphysical explanation, that has the feature that the grounds explain of some states of affairs that one of them obtains without explaining which one obtains. I will dub this variant arbitrary grounding. After informally elucidating the basic idea in the first section, I will provide three metaphysical hypotheses that are best formulated in terms of arbitrary grounding in the second (...) section. The third section will be concerned with the relation between arbitrary grounding and non-arbitrary grounding. The fourth section will compare arbitrary grounding to two extant proposals in the literature. (shrink)

Craig Callender [2022] provides a novel challenge to the non-arbitrariness principle. His challenge plays an important role in his argument for the rational permissibility of a non-exponential temporal discounting rate. But the challenge is also of wider interest: it raises significant questions about whether we ought to accept the non-arbitrariness principle as a constraint on rational preferences. In this paper, I present two reasons to resist Callender’s challenge. First, I present a reason to reject his claim that the non-arbitrariness principle (...) only targets pure time preferences. Second, I criticize the inference Callender draws from a modest claim to a much stronger claim. The modest claim is that it can be hard to reveal the contents of an agent’s preferences. The stronger claim is that this provides us with a reason to reject a certain kind of normative constraint on rational preferences. I argue that the modest claim doesn’t motivate the stronger claim. The upshot of my two arguments is good news for those sympathetic to the non-arbitrariness principle: Callender’s challenge can be overcome, at least as it currently stands. (shrink)

Jacques Monod (1971) argued that certain molecular processes rely critically on the property of chemical arbitrariness, which he claimed allows those processes to “transcend the laws of chemistry”. It seems natural, as some philosophers have done, to interpret this in modal terms: a biological relationship is chemically arbitrary if it is possible, within the constraints of chemical “law”, for that relationship to have been otherwise than it is. But while modality is certainly important for understanding chemical arbitrariness, understanding its (...) biological role also requires an account of the concrete causal-functional features that distinguish arbitrary from non-arbitrary phenomena. In this paper I elaborate on this under-emphasised aspect by offering a general account of these features: arbitrary relations are instantiated by mechanisms that involve molecular adapters, which causally couple two properties or processes which would otherwise be uncorrelated. Additionally, adapters work by acting as intermediate rather than cooperating causes. (shrink)

This article examines the complaint that arbitrary algorithmic decisions wrong those whom they affect. It makes three contributions. First, it provides an analysis of what arbitrariness means in this context. Second, it argues that arbitrariness is not of moral concern except when special circumstances apply. However, when the same algorithm or different algorithms based on the same data are used in multiple contexts, a person may be arbitrarily excluded from a broad range of opportunities. The third contribution is to (...) explain why this systemic exclusion is of moral concern and to offer a solution to address it. (shrink)

This paper evaluates Peter Klein’s objection to foundationalism. According to Klein, foundationalism fails because it allows arbitrariness “at the base.” I first explain that this objection can be interpreted in two ways: either as targeting dialectical foundationalism or as targeting epistemic foundationalism. I then clarify Klein’s concept of arbitrariness. An assertion or belief is assumed to be arbitrary if and only if it lacks a reason that is “objectively and subjectively available.” Drawing on this notion, I evaluate Klein’s objection. (...) I first argue that his objection construed as targeting dialectical foundationalism fails, since nothing prevents dialectical foundationalism from ruling out arbitrary assertions. I then argue that the objection seen as targeting epistemic foundationalism cannot be disqualified in the way some foundationalists believe. However, I show that also the objection so construed does not succeed, since epistemic foundationalism need not countenance arbitrary beliefs. (shrink)

Realists about aesthetic judgment believe something like the following: for an aesthetic judgment of be correct, it must respond to the intrinsic aesthetic properties possessed by the object in question (e.g., Meskin et al., 2013; Kieran 2010). However, Cutting’s (2003) empirical research on aesthetic judgment puts pressure on that position. His work indicates that unconscious considerations extrinsic to an artwork can underpin said judgements. This paper takes Cutting’s conclusion a step further: If philosophers grant that it’s possible to appreciate artwork (...) on the basis of unconscious biases, then we never can be fully confident that our aesthetic judgment is undergirded by the intrinsic aesthetic properties of an artwork. Furthermore, if judgment on the basis of unconscious, external reasons cannot be ruled out, we cannot be confident that our aesthetic judgments are ‘correct’. I argue that Cutting’s research is just the tip of the iceberg regarding the extrinsic, unconscious factors that influence aesthetic judgment. Expectation bias formed via social influence and context greatly influence aesthetic judgments and are unavoidable: we inevitably form expectations based on all kinds of contextual cues independently of any actual exposure to the item in question. Such factors make it terribly difficult to be confident in our aesthetic judgments. Even if there are objective properties that mark out some items as aesthetically superior to others, we cannot be sure that our judgments are responding to those properties. (shrink)

Despite decades of theorising and empirical research, the problems of corporate governance seem intractable, particularly the relationships between investors and companies. The thought experiment in this paper asks us to look at the problem through a fresh lens. It draws on the quaint British legal custom of calling shareholders “members”, and then uses the political philosopher Michael Walzer’s idea of membership in states, clubs, neighbourhoods, and families to draw lessons for the corporate world. This paper suggests that seeing how Walzer (...) conceives “strangers” in a polity, with fewer rights but a path to membership, lets us rethink shareholder rights as something to be earned, through engagement and commitment, that is, through stewardship. Rethinking what membership of a company might mean points to a pragmatic escape from short-termism without institutional reform. (shrink)

In many different ontological debates, anti-arbitrariness considerations push one towards two opposing extremes. For example, in debates about mereology, one may be pushed towards a maximal ontology (mereological universalism) or a minimal ontology (mereological nihilism), because any intermediate view seems objectionably arbitrary. However, it is usually thought that anti-arbitrariness considerations on their own cannot decide between these maximal or minimal views. I will argue that this is a mistake. Anti-arbitrariness arguments may be used to motivate a certain popular thesis (...) in the philosophy of mathematics that rules out the maximalist view in many different ontological debates. (shrink)

Permissivism says that for some propositions and bodies of evidence, there is more than one rationally permissible doxastic attitude that can be taken towards that proposition given the evidence. Some critics of this view argue that it condones, as rationally acceptable, sets of attitudes that manifest an untenable kind of arbitrariness. I begin by providing a new and more detailed explication of what this alleged arbitrariness consists in. I then explain why Miriam Schoenfield’s prima facie promising attempt to answer the (...) Arbitrariness Objection, by appealing to the role of epistemic standards in rational belief formation, fails to resolve the problem. Schoenfield’s strategy is, however, a useful one, and I go on to explain how an alternative form of the standards-based approach to Permissivism – one that emphasizes the significance of the relationship between people’s cognitive abilities and the epistemic standards that they employ – can respond to the arbitrariness objection. (shrink)

In Knowledge and Lotteries, John Hawthorne offers a diagnosis of our unwillingness to believe, of a given lottery ticket, that it will lose a fair lottery – no matter how many tickets are involved. According to Hawthorne, it is natural to employ parity reasoning when thinking about lottery outcomes: Put roughly, to believe that a given ticket will lose, no matter how likely that is, is to make an arbitrary choice between alternatives that are perfectly balanced given one’s evidence. (...) It’s natural to think that parity reasoning is only applicable to situations involving lotteries dice, spinners etc. – in short, situations in which we are reasoning about the outcomes of a putatively random process. As I shall argue in this paper, however, there are reasons for thinking that parity reasoning can be applied to any proposition that is less than certain given one’s evidence. To see this, we need only remind ourselves of a kind of argument employed by John Pollock and Keith Lehrer in the 1980s. If this argument works, then believing any uncertain proposition, no matter how likely it is, involves a (covert) arbitrary or capricious choice – an idea that contains an obvious sceptical threat. (shrink)

I distinguish between two different ways in which the wavefunction might play a role in explaining the behavior of quantum systems and argue that a satisfactory account of quantum ontology will make it possible for the wavefunction to explain the behavior of quantum systems in both of these way. I then show how this constraint has the potential to impact two quite different accounts of quantum ontology.

The current debate on why colonialism is wrong overlooks what is arguably the most discernible aspect of this particular historical injustice: its exreme violence. Through a critical analysis of the recent contributions by Lea Ypi, Margaret Moore and Laura Valentini, this article argues that the violence inflicted on the victims and survivors of colonialism reveals far more about the nature of this historical injustice than generally assumed. It is the arbitrary nature of the power relations between colonizers and the (...) colonized which is at the heart of the injustice of colonization, and violence was the way arbitrariness and domination was cemented. The example of colonialism in the Caribbean during the 16th and 17th centuries is used to expose the full extent of this historical injustice. (shrink)

This paper argues that attempts to apply Alasdair MacIntyre’s positive moral theory to business ethics are problematic, due to the cognitive closure of MacIntyre’s concept of a practice. I begin by outlining the notion of a practice, before turning to Moore’s attempt to provide a MacIntyrean account of corporate governance. I argue that Moore’s attempt is mismatched with MacIntyre’s account of moral education. Because the notion of practices resists general application I go on to argue that a negative application, which (...) focuses on regulation, is more plausible. Large-scale regulation, usually thought antithetical to MacIntyre’s advocacy of small-scale politics, has the potential to facilitate practice-based work and reveals that MacIntyre’s own work can be used against his pessimism about the modern order. Furthermore, the conception of regulation I defend can show us how management is more amenable to ethical understanding than MacIntyre’s work is often taken to imply. (shrink)

In this paper I argue (i) that choosing to abide by realist moral norms would be as arbitrary as choosing to abide by the mere preferences of a God (a difficulty akin to the Euthyphro dilemma raised for divine command theorists); in both cases we would lack reason to prefer these standards to alternative codes of conduct. I further develop this general line of thought by arguing in particular (ii) that we would lack any noncircular justification to concern ourselves (...) with any such realist normative standards. (shrink)

In her paper, “The Non-Governing Conception of Laws,” Helen Beebee argues that it is not a conceptual truth that laws of nature govern, and thus that one need not insist on a metaphysical account of laws that makes sense of their governing role. I agree with the first point but not the second. Although it is not a conceptual truth, the fact that laws govern follows straightforwardly from an important (though under-appreciated) principle of scientific theory choice combined with a highly (...) plausible claim about the connection between scientific theory choice and theory choice in metaphysics. I present and defend this argument and then show how the resulting understanding of governance gives rise to an especially strong version of recent explanatory circularity arguments against Humeanism about laws of nature. Finally, I present three options for a further understanding of the governance relation that are compatible with my argument. (shrink)

Worsening energy crises and the growing effects of climate change have spurred, among other things, concerted efforts to tackle global problems through what the United Nations calls Sustainable Development Goals (SDGs). These are in turn argued to be best achieved via the adoption of environmental, social, and corporate governance (ESG) as the vehicle for guiding our efforts. However, though these things are often presented as the solution to global issues, they are increasingly being used as a means to centralize power (...) and exacerbate growing authoritarian trends. This article aims to demonstrate how the narratives surrounding ESG mask this reality, taking as a solution one of the foundational causes of global wealth and power disparity. (shrink)

Surely God, as a perfectly rational being, created the universe for some _reason_. But is God’s creating the universe for a reason compatible with divine impassibility? That is the question I investigate in this article. The _prima facie_ tension between impassibility and God’s creating for a reason arises from impassibility’s commitment to God being uninfluenced by anything _ad extra_. If God is uninfluenced in this way, asks the detractor, how could he be moved to create anything at all? This _prima (...) facie_ tension has recently been formalized and dubbed the ‘Problem of Arbitrary Creation’. In this article, I defend a new extension of this problem. I begin by characterizing classical theism, divine simplicity, and divine impassibility. I then spell out the Problem of Arbitrary Creation as developed by R. T. Mullins. I next raise a worry for Mullins’ version of the argument. Finally, I extend the argument and show how my extension avoids the aforementioned worry. (shrink)