Many believe that we ought to save a large number from being permanently bedridden rather than save one from death. Many also believe that we ought to save one from death rather than a multitude from a very minor harm, no matter how large this multitude. I argue that a principle I call “Aggregate Relevant Claims” satisfactorily explains these judgments. I offer a rationale for this principle and defend it against objections.

I here settle a recent dispute between two rival theories in distributive ethics: Restricted Prioritarianism and the Competing Claims View. Both views mandate that the distribution of benefits and burdens between individuals should be justifiable to each affected party in a way that depends on the strength of each individual’s separately assessed claim to receive a benefit. However, they disagree about what elements constitute the strength of those individuals’ claims. According to restricted prioritarianism, the strength of a (...) claim is determined in ‘prioritarian’ fashion by both what she stands to gain and her absolute level of well-being, while, according to the competing claims view, the strength of a claim is also partly determined by her level of well-being relative to others with conflicting interests. I argue that, suitably modified, the competing claims view is more plausible than restricted prioritarianism. (shrink)

ABSTRACTAchievements are among the things that make a life good. Assessing the plausibility of this intuitive claim requires an account of the nature of achievements. One necessary condition for achievement appears to be that the achieving agent acted competently, i.e. was not just lucky. I begin by critically assessing existing accounts of anti-luck conditions for achievements in both the ethics and epistemology literature. My own proposal is that a goal is reached competently, only if the actions of the would-be-achiever make (...) success likely, and that this is the reason why she acts that way. (shrink)

The closing chapters of Aristotle’s Nicomachean Ethics x are regularly described as “puzzling,” “extremely abrupt,” “awkward,” or “surprising” to readers. Whereas the previous nine books described—sometimes in lavish detail—the multifold ethical virtues of an embodied person situated within communities of family, friends, and fellow-citizens, NE x 6-8 extol the rarified, god-like and solitary existence of a sophos or sage (1179a32). The ethical virtues that take up approximately the first half of the Ethics describe moral exempla who experience fear fighting for (...) their communities, are sensitive to the esteem and recognition of others, and feel love for a desire to live together with a wide variety of kinds of friends. Such good people take pleasure in prudently expending sums to improve their communities—communities in which they exchange goods and participate in ruling and being ruled in a cooperative fashion. The exemplum of x 7-8, by contrast, is a person whose activity consists almost entirely in exercising his or her mind (nous)—a part of one’s soul that Aristotle explicitly notes is disconnected from human emotions and that can be exercised, insofar as one as wise, in a wholly solitary fashion (1178a15-16, a19-20; 1177a33-34). Although Aristotle’s claim that a “life in accord with the mind” is best and most pleasant (1178a6-7) may jar the intuitions of many people—he himself endorses Anaxagoras’ claim that the happy person will appear as “someone who is absurd” (atopos, 1179a15) to most people—it is false to claim that his conclusions in NE x 6-8 are unexpected or unanticipated, or that the text is in any way discontinuous with what precedes it. The Nicomachean Ethics exhibits aspects of ring-composition both within the work as a whole and within book 10. In NE i 5 Aristotle introduces his rendition of a trope that he inherits (most immediately) from Plato, viz. that the problem of the good can be considered like a contest between three different kinds of life—the life of enjoyment (apolaustikos), the life of politics (politikos), and the life of contemplation (theôrêtikos). NE x 6-8 returns to that contest, rendering a verdict about which life takes first, second, and third place. As the opening lines of NE x 6 note, that verdict presupposes central claims articulated between the first and last books of the Ethics, specifically about the nature of the virtues, the nature of friendship, and the nature of pleasure. NE i 5 and x 6-8 thus serve as “bookends” which encase arguments and proposition located between them. Book 10 exhibits a similar ring-composition. NE x opens with methodological reflection on the gap between the theoretical positions that thinkers articulate and the way they live their lives (especially in the case of scolds who simultaneously criticize pleasure on a scientific level but seek it on a practical level [1172a33-b8]). Chapter 8 concludes with an explicit reiteration of the methodological point, a reiteration that underscores how Aristotle’s treatment of the contest of lives incorporates central aspects of the discussion of pleasure in NE x 1-5. Aristotle’s reiteration of the problem of a gap between theory and practice also draws attention to the centrality of his treatment of pleasure in his adjudication of the three lives. Although the life of pleasure takes a distant third in the contest of lives, the contemplative life wins the contest in part because it itself is the most pleasant form of life. The central philosophical problem looming behind Aristotle’s treatment of the contest of lives concerns the relationship between the notion of activity (energeia) and the notion of a way of life (bios). In the last four decades, much of the scholarship on NE x 6-8 has sought to address the question of what activities a certain way of life includes or excludes. “Monistic” or “dominant” end interpretations of the best life have viewed it as including only contemplative activities whereas “inclusivist” end interpretations of the best life have viewed it as including non-contemplative activities. Although this chapter largely side-steps this debate—partially because there are ample recent first-rate introductory treatments of the debate, partially because I have addressed the question elsewhere in my own writing —I argue that focusing solely on the contest between the two best ways of life overshadows the way that Aristotle incorporates insights from the third way of life into the best way of life. Although the notion of a contest among different kinds of lives presupposes that the lives are mutually exclusive, Aristotle has no problem saying that the contemplative life trumps the life of pleasure because the contemplative life is more pleasant. I proceed in two parts. In the first part I examine what I will call the “outer” ring of the Ethics, namely the relationship between the contest of lives proposed in NE i 5 and its overall resolution in x 6-8. I show how i 5 and x 6 establish the framework for the contest, how x 7 adjudicates that contest in large part by relying upon premises articulated in the interim between books 1 and 10, and how x 6 and x 8 determine the second and third place positions in the contest. In the second part I focus on what I will call the “inner” ring of NE x. More than half of NE x struggles with the nature of pleasure, its role in a happy life, and the methodological problems of examining pleasure within a practical science. I show how x 1 and x 8 are “bookends” that underscore the methodological problem of examining pleasure and how the contest of lives draws upon the proximate conclusions concerning the nature of pleasure in NE x 1-5. (shrink)

What does it mean to know how to do something? This book develops a comprehensive account of know-how, a crucial epistemic goal for all who care about getting things right, not only with respect to the facts, but also with respect to practice. It proposes a novel interpretation of the seminal work of Gilbert Ryle, according to which know-how is a competence, a complex ability to do well in an activity in virtue of guidance by an understanding of what it (...) takes to do so. This idea is developed into a full-fledged account, Rylean responsibilism, which understands know-how in terms of the normative guidance and responsible control of one's acts. Within the complex current debate about know-how, this view occupies a middle ground position between the intellectualist claim that know-how just is propositional or objectual knowledge and the anti-intellectualist claim that know-how just is ability. In genuine know-how, practical ability and guiding intellect are both necessary, but essentially intertwined. (shrink)

I extend my direct virtue epistemology to explain how a knowledge-first framework can account for two kinds of positive epistemic standing, one tracked by externalists, who claim that the virtuous duplicate lacks justification, the other tracked by internalists, who claim that the virtuous duplicate has justification, and moreover that such justification is not enjoyed by the vicious duplicate. It also explains what these kinds of epistemic standing have to do with each other. I argue that all justified beliefs are good (...) candidates for knowledge, and are such because they are exercises of competences to know. However, there are two importantly different senses in which a belief may be a good candidate for knowledge, one corresponding to an externalist kind of justification and the other corresponding to an internalist one. I show how the account solves the new evil demon problem in a more satisfactory way than existing accounts. We end up with a view of knowledge, justification, and rationality that is plausible, motivated, and theoretically unified. (shrink)

This chapter investigates different ways that pro tanto reasons bearing on our options can compete with one another in order to determine the overall normative status of those options. It argues for two key claims: (i) any theory of this competition must include a distinct role for reasons against, in addition to reasons for, and (ii) any theory must allow for comparative verdicts about how strongly supported the options are by the reasons, rather than simply which options are permissible (...) or required. A simple balancing account and an account based on a distinction between requiring and justifying reasons are rejected, and a new account giving a distinct role for reasons against is introduced. (shrink)

Objective: The study seeks to provide a thorough description of the teachers' digital literacy (DL) and digital competence (DC) and shine a light on the variables that influence the development of their digital literacies and competence. Method: Comprehensive data collection and analysis from 274 participants were completed. Descriptive and inferential statistics were conducted to accomplish the objectives of this study. Results: It came to light that teachers with less than ten years of experience have higher levels of digital literacy. Pre-service (...) education, having access to ICT resources, and a favorable attitude about using ICT were all strongly associated with DL and DC. The research's essential contribution is its findings affirming the value of DL and DC, which can be utilized to approach new technologies critically and use them as a part of digital pedagogy. Novelty: The critical contribution of the research is the result claiming the positive status of DL and DC, which can be used to approach new tools from a critical pedagogical perspective and apply them as part of digital pedagogy. -/- . (shrink)

Many virtue epistemologists conceive of epistemic competence on the model of skill —such as archery, playing baseball, or chess. In this paper, I argue that this is a mistake: epistemic competences and skills are crucially and relevantly different kinds of capacities. This, I suggest, undermines the popular attempt to understand epistemic normativity as a mere special case of the sort of normativity familiar from skilful action. In fact, as I argue further, epistemic competences resemble virtues rather than skills—a claim that (...) is based on an important, but often overlooked, difference between virtue and skill. The upshot is that virtue epistemology should indeed be based on virtue, not on skill. (shrink)

There have been several recent attempts to think about psychological kinds as homologies. Nevertheless, there are serious epistemic challenges for individuating homologous psychological kinds, or cognitive homologies. Some of these challenges are revealed when we look at competing claims of cognitive homology. This paper considers two competing homology claims that compare human anger with putative aggression systems of nonhuman animals. The competition between these hypotheses has been difficult to resolve in part because of what I call (...) the boundary problem: boundaries between instances of psychological kinds (e.g., anger and fear) cannot be directly observed. Thus, there are distinctive difficulties for individuating psychological kinds across lineages. I draw four conclusions from this case study: First, recent evidence from the neuroscience of fear suggests that one of the proposed homologies involves a straightforward conflation of anger and fear. Second, this conflation arises because of the boundary problem. Third, there is an implicit constraint on the operational criteria that is easy to overlook in the psychological case. In this case, ignoring the constraint is part of the problem. Fourth, this is a clear case in which knowledge of homology cannot be accumulated piecemeal. Identifying homologs of human anger requires identifying homologs of fear. (shrink)

Legal concepts can sometimes be unclear, leading to disagreements concerning their contents and inconsistencies in their application. At other times, the legal application of a concept can be entirely clear, sharp, and free of confusions, yet conflict with the ways in which ordinary people or other relevant stakeholders think about the concept. The aim of this chapter is to investigate the role of experimental jurisprudence in articulating and, ultimately, dealing with competing conceptual inferences either within a specific domain (e.g., (...) legal practice) or between, for example, ordinary people and legal practitioners. Although this chapter affirms the widespread assumption that experimental jurisprudence cannot, in and of itself, tell us which concepts should be applied at law, it highlights some of the contributions that experimental jurisprudence can, in principle, make to normative projects that seek to prescribe, reform, or otherwise engineer legal concepts. Thus, there is more that experimental jurisprudence can normatively offer than has usually been claimed. (shrink)

The paper is written in response to those who fail to recognize the relation between a patient's mental competency and her state of pain. Some clinicians claim that a proper diagnosis can only be made in the absent of analgesia. Rather, the patient's state of pain directly affects her mental competency and thus her ability to give valid consent. Clinicians should rethink their approach to diagnosis when the patient is in pain.

John Broome has proposed a theory of fairness according to which fairness requires that agents’ claims to goods be satisfied in proportion to the relative strength of those claims. In the case of competing claims for a single indivisible good, Broome argues that what fairness requires is the use of a weighted lottery as a surrogate to satisfying the competing claims: the relative chance of each claimant's winning the lottery should be set to the (...) relative strength of each claimant's claim. In this journal, James Kirkpatrick and Nick Eastwood have objected that the use of weighted lotteries in the case of indivisible goods is unacceptable. In this article, I explain why Kirkpatrick and Eastwood's objection misses its mark. (shrink)

When one faces competing claims of varying strength on public resources for health, which claims count? This paper proposes the following answer. One should count, or aggregate, a person’s claim just in case one could sympathize with her desire to prioritize her own claim over the strongest competing claim. It argues that this principle yields appealing case judgments and has a plausible grounding in both sympathetic identification with each person, taken separately, and respect for the person (...) for whom most is at stake. It also defends this principle against several heretofore unanswered objections. (shrink)

This paper pursues Ernan McMullin‘s claim ("Virtues of a Good Theory" and related papers on theory-choice) that talk of theory virtues exposes a fault-line in philosophy of science separating "very different visions" of scientific theorizing. It argues that connections between theory virtues and virtue epistemology are substantive rather than ornamental, since both address underdetermination problems in science, helping us to understand the objectivity of theory choice and more specifically what I term the ampliative adequacy of scientific theories. The paper argues (...) therefore that virtue epistemologies can make substantial contributions to the epistemology and methodology of the sciences, helping to bridge the gulf between realists and anti-realists, and to re-enforce moderation over claims about the implications of underdetermination problems for scientific inquiry. It finally makes and develops the suggestion that virtue epistemologies, at least of the kind developed here, offer support to the position that philosophers of science know as normative naturalism. (shrink)

The claim of this paper is to present Spinoza’s view on self-esteem and positive reciprocity, which replaces the human being in a monistic psycho-dynamical affective framework, instead of a dualistic pedestal above nature. Without naturalising the human being in an eliminative materialistic view as many recent neuro-scientific conceptions of the mind do, Spinoza finds an important entry point in a panpsychist and holistic perspective, presenting the complexity of the human being, which is not reducible to the psycho-physiological conditions of life. (...) From a panpsychist point of view, qualities and values emerge from the world, in a situation similar to what could be seen in animism, or early childhood psychology, where the original distance between the mind and the exterior thing is reduced ad minima, and both can even interrelate in a confusing manner. Human reality is nevertheless a social reality, it supposes a basis for shared competencies, that we will present as grounded on the one hand of the sustaining character of the essence of the animal-man as will-to-power. Negatively speaking we all share same asocial tendencies and affects. This aspect is not only negative but it is also a will to develop and master the environment, because values have an onto-metaphysical immanent dimension in nature, not because there is an individual bottom-up will to survive, but rather a will to live in harmony with the surrounding world. On the other hand, we shall see that Spinoza understood and described perfectly the power of the mind over the power of the affects, as a co-constituting dimension, which is alienating natural dependencies, leaving an inner space for the objectification of ethical values, not related to mere compensation mechanisms. (shrink)

Our aim is to argue for a deflationary interpretation of Aristotelian dialectic in the Topics, showing that dialectic is, for Aristotle, a specific sort of regulated debate, in contrast to a widely spread kind of interpretation which conceives dialectic as a method of philosophical investigation. Our claim is that an analysis carefully conducted of certain key texts does provide us with sufficient evidences for defending that the Topics is a handbook which codifies an existent art. This codification has a descriptive (...) character and reveals the rules of the debate, what is the specific kind of argument used in it, how premises are obtained and the predicative relation of the propositions used by the debaters. The mastery of the techniques required by the debate is not grounded in any sort of particular knowledge, rather in linguistic competence. It is by doing a technical usage of this competence that the Topics can be useful for philosophy. (shrink)

Pure quality of will theories claim that ‘the ultimate object’ of our responsibility responses (i.e., praise and blame) is the quality of our will. Any such theory is false—or so I argue. There is a second dimension of (moral) responsibility, independent of quality of will, that our responsibility responses track and take as their object—namely, how adroitly we are able to translate our will into action; I call this competence of will. I offer a conjectural explanation of the two dimensions (...) of (moral) responsibility: it matters to us that people actually perform adequately well because of how much it matters to us that we are able to live and work together successfully. (shrink)

Leibniz claimed that the universe, if God-created, would be physically and morally optimal in this conjoint sense: Of all possible worlds, it would be richest in phenomena, but its richness would arise from the simplest physical laws and conditions. This claim raises two difficult questions. First, why would this “richest/simplest” world be morally optimal? Second, what is the optimal balance between these competing criteria? The latter question is especially hard to answer in the context of a multiverse or multi-domain (...) universe. Leibniz focused on goodness as God’s motive in creation. “This is the cause of the existence of the best: that his wisdom makes it known to God, his goodness makes him choose it, and his power lets him produce it.” This article suggests that love is God’s motive. Since love entails acting to both benefit and be with the beloved, limitless love would entail God’s becoming as much unified reality as possible. The physical laws that govern the universe and its vast richness of phenomena appear to be those that we should expect if this claim is true and there are ways of testing the closeness of this fit. The claim that God has become the world (pandeism) also offers a satisfying resolution to the problem of evil. (shrink)

Linguistic intuitions are a central source of evidence across a variety of linguistic domains. They have also long been a source of controversy. This chapter aims to illuminate the etiology and evidential status of at least some linguistic intuitions by relating them to error signals of the sort posited by accounts of on-line monitoring of speech production and comprehension. The suggestion is framed as a novel reply to Michael Devitt’s claim that linguistic intuitions are theory-laden “central systems” responses, rather than (...) endorsed outputs of a modularized language faculty (the “Voice of Competence”). Along the way, it is argued that linguistic intuitions may not constitute a natural kind with a common etiology; and that, for a range of cases, the process by which intuitions used in linguistics are generated amounts to little more than comprehension. (shrink)

This chapter explores the suggestion that early attachment underpins the human capacity for empathy, and that empathy, in turn, is a condition of moral competence. We are disposed by nature to seek intimacy with our human conspecifics: the securely attached child learns that, whatever perils the world may hold, his well-being is shielded within the private sphere of personal intimacy. But why should secure attachment also favour—as it does—recognition of moral obligations towards those with whom we have no special standing (...) and share no personal destiny—recognition that the claims of persons as such merit our attention and regard? One answer to this question looks beyond the fact of secure attachment to a further psychological capacity, our capacity for empathy: secure attachment promotes susceptibility to empathy, and an appropriate susceptibility to empathy is a condition of basic moral competence. The chapter proposes that the deeper and more persisting significance of empathy to morality can be understood from a developmental perspective. Looking to mentalization-based attachment theory allows us to understand how empathic mirroring enters into our earliest intimate, interactions with other persons, securing our default commitment to recognizing their reality as bound up with our own. In this way, empathy constitutes one of the natural foundations on which the more complex architecture of moral experience is constructed. Attachment theory helps us to understand the indispensable role empathy plays at the beginning of the circuitous road to virtue. (shrink)

Two goals - improving replicability and accountability of Machine Learning research respectively, have accrued much attention from the AI ethics and the Machine Learning community. Despite sharing the measures of improving transparency, the two goals are discussed in different registers - replicability registers with scientific reasoning whereas accountability registers with ethical reasoning. Given the existing challenge of the Responsibility Gap - holding Machine Learning scientists accountable for Machine Learning harms due to them being far from sites of application, this paper (...) posits that reconceptualizing replicability can help bridge the gap. Through a shift from model performance replicability to claim replicability, Machine Learning scientists can be held accountable for producing non-replicable claims that are prone to eliciting harm due to misuse and misinterpretation. In this paper, I make the following contributions. First, I define and distinguish two forms of replicability for ML research that can aid constructive conversations around replicability. Second, I formulate an argument for claim-replicability's advantage over model performance replicability in justifying assigning accountability to Machine Learning scientists for producing non-replicable claims and show how it enacts a sense of responsibility that is actionable. In addition, I characterize the implementation of claim replicability as more of a social project than a technical one by discussing its competing epistemological principles, practical implications on Circulating Reference, Interpretative Labor, and research communication. (shrink)

In 2016, this Journal published an article by Rob Lawlor1 on what we might call the acceptance-refusal asymmetry in competence requirements. This is the view that there can be cases in which a patient is sufficiently competent to accept a treatment ( viz., to give consent to it), but not sufficiently competent to refuse it ( viz., to withhold consent to it). Though the main purpose of Lawlor’s paper was to distinguish this asymmetry from various other asymmetries with which it (...) has sometimes been confused,1 Lawlor also presented a brief case in favour of it. Developing an earlier argument of Ian Wilks’,2 3 Lawlor argued that, when the risks associated with refusing a treatment are graver than those associated with accepting it, a higher level of competence may be required to refuse a treatment than to accept it. This claim could have important implications for the law, since determinations of competence often play a central role in determining the lawfulness of refusing or imposing a treatment (eg, in England and Wales under the Mental Capacity Act 2005). Indeed, the acceptance-refusal asymmetry in competence requirements, or something close to it, has played an important role in court judgments.2 However, Lawlor himself suggests that his conclusion will have practical implications only in a narrow range of cases.3 In this issue, Pickering, Giles Newton-Howes and Simon Walker (henceforth ‘the authors’) respond to Lawlor’s piece.4 They deny that competence requirements should depend on the level of risk associated with a decision, and thus that there is any basis for the acceptance-refusal asymmetry in competence requirements. Part of the authors’ argument involves contesting the way in which Lawlor uses cases to support his view. In one case cited by Lawlor—and drawn from Wilks—we are invited to consider a whether …. (shrink)

In texts such as “Richard Rorty’s Pragmatic Turn” Jürgen Habermas defends a theory that associates, on the one hand, the truth-claim raised by a speaker for a proposition p with, on the other hand, the requirement that p be “defendable on the basis of good reasons […] at any time and against anybody”. This, as is known, has been the target of criticisms by Rorty, who−in spite of agreeing with Habermas on the central tenet that the way of evaluating our (...) beliefs must be argumentative practice−declares that the only “ideal presupposed by discourse” is “that of being able to justify your beliefs to a competent audience”. We will consider two texts from 1971, -surprisingly neglected in most approaches to the debate-, in which Habermas did include such a “competence condition” to elucidate the notion of truth. We will discuss whether there are good reasons to relinquish such a condition and to refer, instead, only to the formal or procedural properties of argumentative exchanges, as Habermas does in presenting the notion of “ideal speech situation”. As we will try to argue, there are no such good reasons. (shrink)

Agent relativists about vagueness (henceforth ‘agent relativists’) hold that whether or not an object x falls in the extension of a vague predicate ‘P’ at a time t depends on the judgemental dispositions of a particular competent agent at t. My aim in this paper is to critically examine arguments that purport to support agent relativism by appealing to data from forced-march Sorites experiments. The most simple and direct versions of such forced-march Sorites arguments rest on the following (implicit) premise: (...) If competent speakers' judgements vary in a certain way, then the extensions of ‘P’ as used by these speakers must vary in the same way. This premise is in need of independent support, since otherwise opponents of agent relativism can simply reject it. In this paper, I focus on the idea that one cannot plausibly reject this premise, as that would commit one to implausible claims about linguistic competence. Against this, I argue that one can accommodate the data from forced-march Sorites experiments in a way that is compatible with a plausible picture of linguistic competence, without going agent relativist. Thus, there is reason to be sceptical of the idea that such data paired with considerations about linguistic competence can be invoked in order to lend any solid support to agent relativism. Forced-march Sorites arguments of this kind can, and should be, resisted. (shrink)

A recurring claim in a number of behavioural, cognitive and neuro-scientific literatures is that there is, or must be, a unidimensional ‘common currency’ in which the values of different available options are represented. There is striking variety in the quantities or properties that have been proposed as determinants of the ordering in motivational strength. Among those seriously suggested are pain and pleasure, biological fitness, reward and reinforcement, and utility among economists, who have regimented the notion of utility in a variety (...) of ways, some of them incompatible. This topic deserves philosophical attention for at least the following reasons. Repeated invocation of the ‘common currency’ idiom isn’t merely terminological coincidence because most of the claims are competing explanations either of manifest pattern in choices, or of order in the processes producing choice. We can’t suppose that the different currency claims within each area are compatible, because there are significant obstacles to identifying pairs of members of either the ‘pattern’ or ‘process’ group. There are, finally, seriously opposed positions about the relationships between the pattern facts and the process facts. There are philosophical positions both favouring and opposing a common currency. But direct consideration of the abstract relationships between claims about common currencies across scientific settings, and the arguments for and against these claims, is relatively rare. There is, though, much of philosophical interest to be found here. (shrink)

The A-theory and the B-theory advance competing claims about how time is grounded. The A-theory says that A-facts are more fundamental in grounding time than are B-facts, and the B-theory says the reverse. We argue that whichever theory is true of the actual world is also true of all possible worlds containing time. We do this by arguing that time is uniquely groundable: however time is actually grounded, it is necessarily grounded in that way. It follows that if (...) either the A-theory or the B-theory is actually false, then it is necessarily false. (shrink)

The A-theory and the B-theory advance competing claims about how time is grounded. The A-theory says that A-facts are more fundamental in grounding time than are B-facts, and the B-theory says the reverse. We argue that whichever theory is true of the actual world is also true of all possible worlds containing time. We do this by arguing that time is uniquely groundable: however time is actually grounded, it is necessarily grounded in that way. It follows that if (...) either the A-theory or the B-theory is actually false, then it is necessarily false. (shrink)

Michael Otsuka, Alex Voorhoeve and Marc Fleurbaey have challenged the priority view in favour of a theory based on competing claims. The present paper shows how their argument can be used to recast the priority view. All desert claims in distributive justice are comparative. The stronger a party’s claims to a given benefit, the greater is the value of her receiving it. Ceteris paribus, the worse-off have stronger claims on welfare, and benefits to them matter (...) more. This can account for intuitions that at first appear egalitarian, as the analysis of an example of Larry Temkin’s shows. The priority view, properly understood, is desert-adjusted utilitarianism under the assumption that no other claims pertain. (shrink)

Many assume that theories of distributive justice must obviously take people’s lifetimes, and only their lifetimes, as the relevant period across which we distribute. Although the question of the temporal subject has risen in prominence, it is still relatively underdeveloped, particularly in the sphere of health and healthcare. This paper defends a particular view, “momentary sufficientarianism,” as being an important element of healthcare justice. At the heart of the argument is a commitment to pluralism about justice, where theorizing about just (...) principles demands paying attention to the role particular goods play in our lives. This means that different approaches to the temporal subject—as well as other relevant issues—may be appropriate for different goods, including different goods within healthcare. In particular, the paper discusses two central goods targeted by healthcare: life-saving and pain relief. The view is offered as complementary to, rather than competitive with, lifetime approaches. As such, the paper finishes by considering how a pluralist approach, which engages both with people’s lives as a whole and with their states at particular moments, can reconcile the potentially competing claims in healthcare that emerge from these two perspectives. (shrink)

Philosophical reflection on racial profiling tends to take one of two forms. The first sees it as an example of ‘statistical discrimination,’ (SD), raising the question of when, if ever, probabilistic generalisations about group behaviour or characteristics can be used to judge particular individuals.(Applbaum 2014; Harcourt 2004; Hellman, 2014; Risse and Zeckhauser 2004; Risse 2007; Lippert-Rasmussen 2006; Lippert-Rasmussen 2007; Lippert-Rasmussen 2014) . This approach treats racial profiling as one example amongst many others of a general problem in egalitarian political philosophy, (...) occasioned by the fact that treating people as equals does not always require, or permit, us to treat them the same. The second form is concerned with how racial profiling illuminates the nature, justification, and reproduction of hierarchies of power and privilege based on skin colour and morphology. This form of reflection on racial profiling is therefore less about the justification for judging people based on the characteristics of the group to which they (appear to) belong, and more concerned with the specific ways in which the association of racialized minorities – and, in particular, black people – with crime, contributes to, and reflects, racial inequality, and oppression.(Kennedy 1998; Zack, 2015; Lever, 2005; Lever 2007). Both approaches to profiling have much to recommend them and, taken together, they form an essential component of the political philosophy of race. The statistical approach has the merits of linking racial profiling, as practice, to a body of other practices that generate and justify inequalities based on factors other than race, but it typically offers little by way of insight into the role of racial profiling itself in sustaining racial inequality and injustice. The racial construction approach, for obvious reasons, is rather better at the latter task, but its insights tend to come at the price of a broader understanding of the ways in which inequality is reproduced and justified, or of the ethical dilemmas raised by our competing claims to security. As we will see, insights from both approaches can be synthesized to clarify what, if anything, is wrong with racial profiling and what broader conclusions for equality and security follow from the study of profiling. (shrink)

Limited aggregationists argue that when deciding between competing claims to aid we are sometimes required and sometimes forbidden from aggregating weaker claims to outweigh stronger claims. Joe Horton presents a ‘fatal dilemma’ for these views. Views that land on the First Horn of his dilemma suggest that a previously losing group strengthened by fewer and weaker claims can be more choice-worthy than the previously winning group strengthened by more and stronger claims. Views that land (...) on the Second Horn suggest that combining two losing groups together and two winning groups together can turn the losing groups into the winning groups and the winning groups into the losing groups. This paper demonstrates that the ‘fatal dilemma’ is neither fatal nor a dilemma. The First Horn is devastating but avoidable and the Second Horn is unavoidable but not devastating. Nevertheless, Horton’s argument does help to narrow down the acceptable range of views. (shrink)

This work is on Paul Taylors Biocentric Ethics: A Survey of Contemporary Environmental Conflicts. When we accept the concept of biocentrism there is bound to exist conflicts between interests and cultural values of humans and the well-being of nonhuman living beings. These conflicts as we shall see need fair resolution principles because they are equal competing claims. Thus, the concept of equality here deals with the fact already established. This work exposes that both humans and nonhuman living beings (...) of the wild have inherent worth of their own, which deserve respect and consideration. In other words, they both have right‘ to pursue and attain their own ends without hindrance of any sort. (shrink)

When do claims to be saved of a small or moderate harm aggregate against a competing claim to be saved from an early death? In this short response to Kamm's Bioethical Prescriptions, I argue for the following answer: aggregation of weaker claims against a life is permitted just in case, in a one-to-one contest, a person with a weaker claim would have a personal prerogative to prioritize her claim over a stranger’s competing claim to life.

Public reason liberalism is the political theory which holds that coercive laws and policies are justified when and only when they are grounded in reasons of the public. The standard interpretation of public reason liberalism, consensus accounts, claim that the reasons persons share or that persons can derive from shared values determine which policies can be justified. In this paper, I argue that consensus approaches cannot justify fair educational policies and preserving cultural goods. Consensus approaches can resolve some controversies about (...) teaching values in the educational system, such as curriculum choice. But they cannot determine which culture goods, e.g., architecture, artwork, or language ought to be preserved in the education system. Consensus approaches cannot fairly resolve competing claims about these kinds of disputes. -/- I propose that convergence accounts of public reason, which allow individuals to draw on their own comprehensive doctrines in limited ways, can remedy these weaknesses in the mainline public reason tradition. The convergence approach can justify a pluralist state that can advance valuable community goods. John Henry Newman’s advocacy of liberal arts education finds resonance in other cultures, notably among Confucians, illustrating that there can be a shared moral vision and inquiry into the good life across deep substantive disagreements about educational values and policies, once we expand our notion of justification to be more inclusive. (shrink)

My aim in this chapter is to place John Stuart Mill’s distinctive utilitarian political philosophy in the context of the debate about luck, responsibility, and equality. I hope it will reveal the extent to which his utilitarianism provides a helpful framework for synthesizing the competing claims of luck and relational egalitarianism. I attempt to show that when Mill’s distributive justice commitments are not decided by direct appeal to overall happiness, they are guided by three main public principles: an (...) impartiality principle, a sufficiency principle, and a merit principle. The question then becomes how luck and relational considerations figure into his articulation of these public principles. I argue that relational egalitarianism is more fundamental than considerations of luck and responsibility in Mill’s thought, but I also hope to show that any fleshed out picture of Mill’s reform proposals must recognize his condemnation of the role luck plays in determining the distribution of opportunities and outcomes. (shrink)

Two prominent normative theories of business ethics are stakeholder and shareholder theory. Business ethicists generally favor the former, while business people prefer the latter. If the purpose of business ethics is “to produce a set of ethical principles that can be both expressed in language accessible to and conveniently applied by an ordinary business person” , then it is important to examine this dichotomy.While superficially attractive, the normative version of stakeholder theory contains numerous limitations. Since balancing multiple stakeholder preferences is (...) difficult, competing claims often become tests of political strength rather than justice. Furthermore, stakeholder theory has significant normative weaknesses.Although less attractive to academic ethicists, shareholder theory may provide superior results for society. The shareholder model focuses companies on meeting society’s material needs. Wise owners often balance other stakeholders’ views well since it is necessary for the business’s long-term success. Finally, shareholder theory has a strong normative basis in autonomy.In light of this analysis, it is incumbent upon academic business ethicists to emphasize the value of shareholder theory when teaching business ethics courses. (shrink)

We contest the unsubstantiated assumption of both materialists and non-materialist that the ontological status they propose applies to all humans and that the competing claim is false for all - ie we reject both the claim of non-materialists that all humans share the same fundamental aspect of having a "non-material consciousness" (nmc), as well as the contrasting claim of materialists that none do (being fully material as according to eliminative materialists/reductive physicalists etc). Instead, the basic proposition of this paper, (...) our ‘ontological conecture’ (OC) - an updated version of our 1998 website article “Mindless Materialists” - is that the central tenets of proponents on both sides are true, but only regarding themselves. A signature feature of nmc is that brains associated to it are capable of knowing of its existence directly, and as a corollary we would propose that if a sophisticated brain does not know it is associated to nmc then most likely this is because it is in fact not so associated. Thus, in accordance with our OC we will consider a brain’s statements on this issue (that it does or does not possess nmc) as not merely its ‘philosophical position’ but as an authoritative statement, a reflection of an ontological fact. Furthermore, we propose that only those who possess nmc are capable of understanding what it is, so that although they are well-qualified to know directly that they themselves possess it, in contrast those who lack nmc and possess only material consciousness (mc) cannot even comprehend what non-materiality means - they will understandably tend to consider it a non-existent absurdity, which contention would be quite correct in a purely-material reality, such as they effectively inhabit. -/- Terminology reflecting ontological status: Since according to our OC those brains which categorize themselves as non-materialists are presumed to indeed be associated to nmc, for usefulness in phraseology we’ll refer to people whose brain is so associated as being nmc’s (not merely “espousing nmc”). Materialists say they are conscious but that theirs is a material consciousness (abbrev: “mc”) , and since according to our OC we accept this self-determination we will refer to them as being “mc’s” or being materialist (not merely “espousing materialism”). -/- Are materialists mindless or are non-materialists delusional? Notoriously, it is impossible to prove that one possesses nmc (which is a sort of corollary to the fact that it is directly self-known) - being non-material, nmc cannot be detected via the scientific method. However just as those with nmc cannot prove they possess it so too one cannot prove or determine via measurement that materialists do not possess it. Nevertheless we feel that our OC is the simplest solution to the conundrum of how there are materialists if a brain can directly sense its associated nmc. In sum, although of course it is impossible to prove that any particular person possesses or lacks nmc, given all the above our OC considers - as stated by the title of this paper - a brain’s self-identification as "materialist" or “non-materialist” (dualist, panpsychist, idealist etc) as reflecting the absence or presence of an associated real non-material awareness/consciousness, rather than merely as a statement of a philosophical stance. An alternative solution is implicit in the above - that all humans possess nmc just that materialists are those whose brains lack the awareness of theirs, or that the brain-aspect which communicates to others has no access to it. -/- Towards developing more constructive dialogue between mc’s/nmc’s, and greater self-confidence and independence among nmc’s in the face of materialist dominance of the intellectual-climate: A large part of the overall paper is devoted to not just pointing out the futility of communication of the sort usually engaged in - ie based on the erroneous underlying assumption that both sides of the debate are ontologically the same - but also suggesting ways to make the debate less frustrating by a recognition of the OC. Greater clarity in discussions can be achieved partly via a deeper understanding of the different meanings the same term might have to nmc’s/mc’s and suggestions relevant the construction of a sort of translation algorithm to utilize in discussions (as a simple example, substituting ‘higher-level cognitive material brain-processes’ for ‘mind’ when that term is used by an mc); by the frank statement by nmc’s engaged in dialogue with mc’s that the existence of nmc is not up for discussion; by learning how the existence of our nmc colors the meaning we give to certain terms in ways we were not aware of, meanings which are absent for mc’s; and in general via the recognition by the nmc that the dialogue is with a person lacking nmc. -/- Perhaps materialists are right: In the interest of ‘reciprocity’, the paper also offers an alternative/opposing view to the central proposition, to the effect that the materialist claim is correct, and it is a defect of brain wiring or structure which is the source of an active illusion of "self-awareness" underlying the philosophical claims of non-materialists. A prospective source of this illusion is offered - an analog of the sense of presence experienced during ‘sleep paralysis’. (shrink)

The idea that we may continue to exist in a bodiless condition after our death has long played an important role in beliefs about immortality, ultimate rewards and punishments, the transmigration of souls, and the like. There has also been long and heated disagreement about whether the idea of disembodied existence even makes sense, let alone whether anybody can or does survive dissolution of his material form. It may seem doubtful that anything new could be added to the debate at (...) this late date, but I hope to show that this is not so. I will explore the problem of disembodiment from a somewhat different direction than has been tried before, one that leads to what seem to me more interesting and more definite conclusions about its unintelligibility. Furthermore, the approach I will be taking puts both the traditional mind-body problem and the competing claims of dualism and physicalism in a fresh light that can help us to understand better the nature of our embodied existence. (shrink)

I defend the claim that physicalism is not committed to the view that non-phenomenal macrophysical truths are a priori entailed by the conjunction of microphysical truths , basic indexical facts , and a 'that's all' claim . I do so by showing that Chalmers and Jackson's most popular and influential argument in support of the claim that PIT ⊃ M is a priori, where 'M' stands for any ordinary, non-phenomenal, macroscopic truth, falls short of establishing its conclusion. My objection to (...) Chalmers and Jackson's argument takes the form of a nested dilemma. Let 'Conceptual Competence Principle ' stand for the following claim: for any complete microphysical description D of a world w, a subject who is in possession of and competent with a macrophysical concept C is capable of determining a priori the extension of C. Either Jackson and Chalmers accept CCP or not. If the latter, then they cannot demonstrate that the conditional PIT ⊃ M is a priori. If the former, then they have a choice: they can either cite reasons that support the principle or argue that the principle should be taken for granted since it is entailed by the very notion of conceptual competence. But both alternatives are problematic. In regard to the first horn of this latter dilemma, I show not only that there are no good reasons to support the principle, but that there are also reasons to reject it. In regard to the second horn, I show that it cannot be the case that CCP is part of the very notion of conceptual competence. The conceptual capacity expressed by CCP requires that certain bridge principles or conditionals, which link the microphysical level to the macroscopic level, are either implicitly or explicitly given to the subject. But, as I argue, Chalmers and Jackson have no way of accounting for these bridge principles or conditionals in a manner that does not trivialize their position. (shrink)

In diverse fictions from the second century Roman Empire, two parties with competing claims to truth hold a formal contest in a public place where, after a series of abrupt reversals, the issue is finally decided by the evidence of a dead, mutilated, or resurrected body. We can ask these corpses to tell us about the ways Roman society constructed truth. Furthermore, can we learn from the abrupt reversals in these narratives anything about the way Romans experienced shifts (...) in truth-paradigms in “real life”? (This is, of course, a question of paramount importance for appreciating the religious change propelled by Christianity). (shrink)

An agent is morally competent if she can respond to moral considerations. There is a debate about whether agents are open to moral blame only if they are morally competent, and Dana Nelkin’s “Psychopaths, Incorrigible Racists, and the Faces of Responsibility” is an important contribution to this debate. Like others involved in this dispute, Nelkin takes the case of the psychopath to be instructive. This is because psychopaths are similar to responsible agents insofar as they act deliberately and on judgments (...) about reasons, and yet psychopaths lack moral competence. Nelkin argues that, because of their moral incompetence, vices such as cruelty are not attributable to psychopaths. It follows that psychopaths are not open to moral blame since their behavior is only seemingly vicious. I have three aims in this reply to Nelkin. First, I respond to her claim that psychopaths are not capable of cruelty. Second, I respond to the related proposal—embedded in Nelkin’s “symmetry argument”—that a “pro-social psychopath” would not be capable of kindness. My responses to these claims are unified: even if the psychopath is not capable of “cruelty,” and the pro-social psychopath is not capable of “kindness,” the actions of these agents can have a significance for us that properly engages our blaming and praising practices. Finally, I argue that Nelkin’s strategy for showing that moral competence is required for cruelty supports a stronger conclusion than she anticipates: it supports the conclusion that blameworthiness requires not just moral competence, but actual moral understanding. (shrink)

The situationist literature in psychology claims that conduct is not determined by character and reflects the operation of the agent’s situation or environment. For instance, due to situational factors, compassionate behavior is much less common than we might have expected from people we believe to be compassionate. This article focuses on whether situationism should revise our beliefs about moral responsibility. It assesses situationism’s implications against the backdrop of a conception of responsibility that is grounded in norms about the fair (...) opportunity to avoid wrongdoing that require that agents be normatively competent and possess situational control. Despite the low incidence of compassionate behavior revealed in situationist studies, situationism threatens neither situational control nor normative competence. Nonetheless situationism may force revision in our views about responsibility in particular contexts, such as wartime wrongdoing. Whereas a good case can be made that the heat of battle can create situational pressures that significantly impair normative competence and thus sometimes provide a full or partial excuse, there is reason to be skeptical of attempts to generalize this excuse to other contexts of wartime wrongdoing. If so, moral responsibility can take situationism on board without capsizing the boat. (shrink)

Closure for justification is the claim that thinkers are justified in believing the logical consequences of their justified beliefs, at least when those consequences are competently deduced. Many have found this principle to be very plausible. Even more attractive is the special case of Closure known as Single-Premise Closure. In this paper, I present a challenge to Single-Premise Closure. The challenge is based on the phenomenon of rational self-doubt – it can be rational to be less than fully confident in (...) one's beliefs and patterns of reasoning. In rough outline, the argument is as follows: Consider a thinker who deduces a conclusion from a justified initial premise via an incredibly long sequence of small competent deductions. Surely, such a thinker should suspect that he has made a mistake somewhere. And surely, given this, he should not believe the conclusion of the deduction even though he has a justified belief in the initial premise. (shrink)

This essay articulates a conception of responsibility and excuse in terms of the fair opportunity to avoid wrongdoing and explores its implications for insanity, incompetence, and psychopathy. The fair opportunity conception factors responsibility into conditions of normative competence and situational control and factors normative competence into cognitive and volitional capacities. This supports a conception of incompetence that recognizes substantial impairment of either cognitive or volitional capacities as excusing, provided the agent is not substantially responsible for her own incompetence. This conception (...) helps frame the question whether psychopathy is excusing. The most common rationale for excusing psychopathy appeals to claims about cognitive incompetence. However, there are good philosophical and empirical reasons to be skeptical that psychopaths lack the relevant cognitive capacities. There is more to be said for a volitional rationale for excuse. The crucial question here is whether the problems psychopaths have with impulse control and conforming their behavior to the relevant moral and criminal norms are systematic enough to demonstrate genuine volitional incompetence. The available empirical evidence should leave us skeptical about the merits of this volitional rationale for excuse. (shrink)

Several scholars have recently entertained proposals for "epistocracy," a political regime in which decision-making power is concentrated in the hands of a society's most informed and competent citizens. These proposals rest on the claim that we can expect better political outcomes if we exclude incompetent citizens from participating in political decisions because competent voters are more likely to vote "correctly" than incompetent voters. We develop what we call the objection from selection bias to epistocracy: a procedure that selects voters on (...) the basis of their observed competence---as epistocracy does---will often be "biased" in the sense that competent voters will be, on average, more likely than incompetent voters to possess certain attributes that reduce the probability of voting correctly. Our objection generalizes the "demographic objection" discussed in previous literature, showing that the range of realistic scenarios in which epistocracy is vulnerable to selection bias is substantially broader than previous discussions appreciate. Our discussion also shows that previous discussions have obscured the force of the threat of selection bias. Since we lack reasons to believe that epistocratic proposals can avoid selection bias, we have no reason to seriously entertain epistocracy as a practical proposal. (shrink)

Several philosophers of science claim that scientific toy models afford knowledge of possibility, but answers to the question of why toy models can be expected to competently play this role are scarce. The main line of reply is that toy models support possibility claims insofar as they are credible. I raise a challenge for this credibility-thesis, drawing on a familiar problem for imagination-based modal epistemologies, and argue that it remains unanswered in the current literature. The credibility-thesis has a long (...) way to go if it is to account for the epistemic merits of toy models. (shrink)

In this article, I address what kinds of claims are of the right kind to ground conscientious refusals. Specifically, I investigate what conceptions of moral responsibility and moral wrongness can be permissibly presumed by conscientious objectors. I argue that we must permit HCPs to come to their own subjective conclusions about what they take to be morally wrong and what they take themselves to be morally responsible for. However, these subjective assessments of wrongness and responsibility must be constrained in (...) several important ways: they cannot involve empirical falsehoods, objectionably discriminatory attitudes, or unreasonable normative beliefs. I argue that the sources of these constraints are the basic epistemic, relational, and normative competencies needed to function as a minimally decent health-care professional. Finally, I consider practical implications for my framework, and argue that it shows us that the objection raised by the plaintiffs in Zubik v. Burwell is of the wrong sort. (shrink)

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