This chapter considers how the adoption of autonomous weapons systems (AWS) may affect jus ad bellum principles of warfare. In particular, it focuses on the use of AWS in non-international armed conflicts (NIAC). Given the proliferation of NIAC, the development and use of AWS will most likely be attuned to this specific theater of war. As warfare waged by modernized liberal democracies (those most likely to develop and employ AWS at present) increasingly moves toward a model of individualized warfare, how, (...) if at all, will the principles by which we measure the justness of the commencement of such hostilities be affected by the introduction of AWS, and how will such hostilities stack up to current legal agreements surrounding their more traditional engagement? This chapter claims that such considerations give us reason to question the moral and legal necessity of ad bellum proper authority. (shrink)

How children seek knowledge and evaluate claims may depend on their understanding of the source of knowledge. What shifts in their understandings about why scientists might disagree and how claims about the state of the world are justified? Until about the age of 41/2, knowledge is seen as self-evident. Children believe that knowledge of reality comes directly through our senses and what others tell us. They appeal to these external sources in order to know. The attainment of Theory (...) of Mind (ToM) at this age is commonly seen as the significant shift in development in understanding disagreements in knowledge claims. Children attaining ToM understand that someone exposed to incorrect or incomplete information might have false beliefs. Disagreement, then, is still attributed to objective sources of knowledge. The current study examines the later developing Interpretive Theory of Mind (iToM) as the basis for children’s understanding of how people with access to the same information might disagree and what this means for how to provide justification for a knowledge claim. Fourteen 2nd graders with the most iToM responses to four tasks and 14 with the fewest iToM responses were selected from a larger sample of 91. In analyses of interviews about a story in which two experts make different claims about a scientific phenomenon, those in the high iToM group noted subjective perspective and processes as the source of disagreement and suggested the need for investigation as the means to knowing. In contrast, those in the low iToM group mostly could not explain the source of disagreement and held that knowledge is acquired from external sources. A comparison of the interviews regarding the science story 2 years later allows for a qualitative description of the development. Those in the low iToM group showed more general recognition of subjective and constructive processes in knowing whereas those in the high iToM group identified interpretive processes and the relativity of perspectives with implications for how observations were conducted and interpreted. Only those in the high iToM group referred to the importance of evidence as a basis for knowledge claims at either point in the study. (shrink)

Future-biased agents care not only about what experiences they have, but also when they have them. Many believe that A-theories of time justify future bias. Although presentism is an A-theory of time, some argue that it nevertheless negates the justification for future bias. Here, I claim that the alleged discrepancy between presentism and future bias is a special case of the cross-time relations problem. To resolve the discrepancy, I propose an account of future bias as a preference for certain tensed (...) truths properly relativized to the present. (shrink)

Nietzsche believes that we do not know our own actions, nor their real motives. This belief, however, is but a consequence of his assuming a quite general skepticism about introspection. The main aim of this paper is to offer a reading of this last view, which I shall call the Inner Opacity (IO) view. In the first part of the paper I show that a strong motivation behind IO lies in Nietzsche’s claim that self-knowledge exploits the same set of cognitive (...) capacities as well as the same folk-psychological framework involved in outward-directed mind-reading. In the second part I turn to Nietzsche’s view of agency and argue that he sees a fundamental discrepancy between the conscious attitudes we have introspective access to, on the one hand, and the subpersonal processes and states occurring at the unconscious level of the drives, on the other hand. (shrink)

Pluralistic ignorance is a socio-psychological phenomenon that involves a systematic discrepancy between people’s private beliefs and public behavior in certain social contexts. Recently, pluralistic ignorance has gained increased attention in formal and social epistemology. But to get clear on what precisely a formal and social epistemological account of pluralistic ignorance should look like, we need answers to at least the following two questions: What exactly is the phenomenon of pluralistic ignorance? And can the phenomenon arise among perfectly rational agents? In (...) this paper, we propose answers to both these questions. First, we characterize different versions of pluralistic ignorance and define the version that we claim most adequately captures the examples cited as paradigmatic cases of pluralistic ignorance in the literature. In doing so, we will stress certain key epistemic and social interactive aspects of the phenomenon. Second, given our characterization of pluralistic ignorance, we argue that the phenomenon can indeed arise in groups of perfectly rational agents. This, in turn, ensures that the tools of formal epistemology can be fully utilized to reason about pluralistic ignorance. (shrink)

Disagreement about how best to think of the relation between theories and the realities they represent has a longstanding and venerable history. We take up this debate in relation to the free energy principle (FEP) - a contemporary framework in computational neuroscience, theoretical biology and the philosophy of cognitive science. The FEP is very ambitious, extending from the brain sciences to the biology of self-organisation. In this context, some find apparent discrepancies between the map (the FEP) and the territory (target (...) systems) a compelling reason to defend instrumentalism about the FEP. We take this to be misguided. We identify an important fallacy made by those defending instrumentalism about the FEP. We call it the literalist fallacy: this is the fallacy of inferring the truth of instrumentalism based on the claim that the properties of FEP models do not literally map onto real-world, target systems. We conclude that scientific realism about the FEP is a live and tenable option. (shrink)

This paper proposes to define metaphor as a visual-material structure, the sphere of which is ontological rather than cognitive or conceptual. It argues that the essence of metaphor, as either an aesthetic or a communicative unit or both, resides in the qualitative dimension and appearance, or even materiality, of the metaphorical medium and its form. The paper thus offers a new theory of metaphor, focusing on the medium of metaphor, which composes and transfigures or reconstructs its target anew: a composition (...) that is prior to understanding or conceptualizing the target. In doing so, the paper presents a formalist ontology of metaphors, established via an externalist account of metaphors, as opposed to the prevailing cognitivist-conceptualist account which I characterize as internalist. The various kinds of metaphor – linguistic, poetic, visual or material – are based on their external structure, rather than an internal-conceptual mechanism of understanding, as assumed by a significant segment of the literature. Visual metaphor, therefore, is the paradigmatic kind of metaphor, the analysis of which can be generalized to other kinds of metaphor. Furthermore, the paper tries to overcome the current discrepancy between the formalist character of the metaphorical medium and the dominance of cognitivist and conceptualist theories of metaphor. Challenging these, I claim that if the identity of metaphor is indeed based on its composition, then it is actually based on its aesthetic qualities. That is to say, not only are there autonomous visual or material metaphors, that are not based on linguistic or conceptual ones, but linguistic and conceptual metaphors are based on visuality: they are enabled by the structural possibilities offered by visual media. (shrink)

Both Franz Brentano and Edmund Husserl addressed sound while trying to explain the inner consciousness of time and gave to it the status of a supporting example. Although their inquiries were not aimed at clarifying in detail the nature of the auditory experience or sounds themselves, they made some interesting observations that can contribute to the current philosophical discussion on sounds. On the other hand, in analytic philosophy, while inquiring the nature of sounds, their location, auditory experience or the audible (...) qualities and so on, the representatives of that trend of thought have remained silent about the depiction of sound and the auditory phenomena in the phenomenological tradition. The paper’s intention is to relate both endeavours, yet the perspective carried out is that of analytic philosophy and, thus, I pay special attention to conceptual analysis as a methodological framework. In this sense, I first explain what sound ontology is in the context of analytic philosophy and the views that it encompasses— namely, the Property View (PV), the Wave View (WV) and the Event View (EV)—. Secondly, I address the problems it entails, emphasising that of sound individuation. In a third section, I propose the possibly controversial conjunction of a “Brentano-Husserl Analysis of the Consciousness of Time” (for short “Brentano-Husserl analysis”) and outline the commonalities of both authors, without ignoring its discrepancies. My main focus is Husserl’s 1905 Vorlesungen zur Phänomenologie des Inneren Zeitbewusstseins. While addressing the Brentano-Husserl analysis, I elaborate on the problem of temporal and spatial extension (Raumlichkeit and Zeitlichkeit, respectively) of both consciousness and sound. Such comparison is a key one, since after these two developments, one can notice some theoretical movements concerning the shift of attention from sounds to the unity of consciousness, and how they mirror each other. After examining the controversial claims concerning the temporal and spatial extension of both consciousness and sound, I argue in the concluding paragraphs that while considering the accounts of sound ontology, the Brentano-Husserl analysis would probably endorse a Property View and that this could have interesting consequences for the issue of Sound Individuation. (shrink)

I argue that Carol Gilligan's claims about female moral development reproduce and encourage the oppression of women. A comparison of her descriptions of abortion-decision study cases with those of Mary F. Belenky (whose dissertation recorded more data from the same interviews than did Gilligan's book), show troubling discrepancies. Gilligan's book is more literature than science, retelling women's stories in compelling--but misleading--ways.

This entry discusses the relationship between disability and well‐being. Disabilities are commonly thought to be unfortunate, but whether this is true is unclear, and, if it is true, it is unclear why it is true. The entry first explains the disability paradox, which is the apparent discrepancy between the level of well‐being that disabled people self‐report, and the level of well‐being that nondisabled people predict disabled people to have. It then turns to an argument that says that disabilities must be (...) bad, because it is wrong to cause them in others. Later sections discuss whether disabilities might be intrinsically bad or even bad by definition. The final section addresses the claim that disabilities are bad only because society discriminates against people with disabilities. (shrink)

When the French philosopher Sarah Kofman committed suicide in 1994 she left behind an impressive oeuvre in which both the autobiographical genre and the treatment of women play a central role. Her theoretical re ections on both topics situate themselves in the interstices between psychoanalysis, feminism and deconstruction and share a common concern: the respect of alterity in all its guises. Kofman's resistance to the authoritative claim of the retrospective closure underlying traditional autobiographies is closely related to her celebration of (...) an e ®criture parricide, a mode of writing which undoes the repression of multiplicity and otherness. Shortly before her death Kofman published an autobiographical account of her own childhood years after the deportation and death of her father in a concentration camp. This article addresses the striking discrepancies between the theoretical positions Kofman defends throughout her philosophical writings and the autobiographical turn of her own last words. (shrink)

What corresponds to the present-day ‘transcendental-pragmatic’ concept of ultimate grounding in Hegel is his claim to absoluteness of the logic. Hegel’s fundamental intuition is that of a ‘backward going grounding’ obtaining the initially unproved presuppositions, thereby ‘wrapping itself into a circle’ – the project of the self-grounding of logic, understood as the self-explication of logic by logical means. Yet this is not about one of the multiple ‘logics’ which as formal constructs cannot claim absoluteness. It is rather a fundamental logic (...) that only makes logical textures possible at all and so owns transcendental character. The non-contradiction-principle is an example for this. Es- sential is that it is ‘under-cover-effcient’ as soon as meaningful concepts are used. Self-explication of the fundamental logic then means explicating its implicit under-cover validity, in fact by means of the fundamental logic itself. As is shown this is the affair of dialectic which thereby is to be understood as ultimate grounding of the fundamental logic. This is analyzed in detail using the example of the being/non-being-dialectic. As is demonstrated each explication step generates a new implicit issue and therewith a new explication-discrepancy inducing an antinomical structure that anew forwards the explication procedure. So this is entirely determined by itself. Decisive for the ultimate grounding argumentation is that thereby an objectively verifyable procedure is found, which is apparently possible only in a Hegelian framework. In contrast the immediate evidence of a speech act claimed by the transcendental-pragmatic position has only private character, which is grounding-theoretically irrelevant. (shrink)

In this paper I discuss the ontological status of actants. Actants are argued as being the basic constituting entities of networks in the framework of Actor Network Theory (Latour, 2007). I introduce two problems concerning actants that have been pointed out by Collin (2010). The first problem concerns the explanatory role of actants. According to Collin, actants cannot play the role of explanans of networks and products of the same newtork at the same time, at pain of circularity. The second (...) problem is that if actants are, as suggested by Latour, fundamentally propertyless, then it is unclear how they combine into networks. This makes the nature of actants inexplicable. -/- I suggest that both problems rest on the assumption of a form of object ontology, i.e. the assumption that the ontological basis of reality consists in discrete individual entities that have intrinsic properties. I argue that the solution to this problem consists in the assumption of an ontology of relations, as suggested within the framework of Ontic Structural Realism (Ladyman & Ross, 2007). Ontic Structural Realism is a theory concerning the ontology of science that claims that scientific theories represent a reality consisting on only relation, and no individual entities. -/- Furthermore I argue that the employment of OSR can, at the price of little modification for both theories, solve both of the two problems identified by Collin concerning ANT. -/- Throughout the text I seek support for my claims by referring to examples of application of ANT to the context of networked learning. As I argue, the complexity of the phenomenon of networked learning gives us a convenient vantage point from which we can clearly understand many important aspects of both ANT and OSR. -/- While my proposal can be considered as an attempt to solve Collin's problems, it is also an experiment of reconciliation between analytic and constructivist philosophy of science. -/- In fact I point out that on the one hand Actor Network Theory and Ontic Structural Realism show an interesting number of points of agreement, such as the naturalistic character and the focus on relationality. On the other hand, I argue that all the intuitive discrepancies that originates from the Science and Technology Studies’ criticism against analytic philosophy of science are at a closer look only apparent. (shrink)

James Levine has recently argued that there is a tension between Russell’s Moorean semantical framework and Russell’s Peano-inspired analytical practice. According to Levine, this discrepancy runs deep in Russell’s thought from 1900 to 1918, and underlies many of the doctrinal changes occurring during this period. In this paper, I suggest that, contrary to what Levine claims, there is no incompatibility between Moore’s theory of meaning and the idea of informative conceptual analysis. I show this by relating Moore’s view of (...) meaning to his Sidgwick-inspired criticism of the so-called naturalistic fallacy. I maintain that Moore’s semantical framework has a methodological intent: following Sidgwick, Moore wants to block any attempt to justify ethical principles through setting ad hoc conditions on the meaning of the terms involved. Thus, far from grounding philosophical knowledge on subjective intuitions, as Levine suggests, Moore’s framework would provide us with the means to make room for a discursive and dialectic conception of philosophical inquiry. (shrink)

Many philosophers claim that it is always intrinsically good when people get what they deserve and that there is always at least some reason to give people what they deserve. I highlight problems with this view and defend an alternative. I have two aims. First, I want to expose a gap in certain desert-based justifications of punishment. Second, I want to show that those of us who have intuitions at odds with these justifications have an alternative account of desert at (...) our disposal – one that may lend our intuitions more credibility. (shrink)

Mind &Language, Volume 35, Issue 1, Page 90-114, February 2020.

The study examines the relative merits of a noncompatibility and a restructuring explanation of the recurrent empirical finding that a prominent attribute looms larger in choices than in judgments. Pairs of equally attractive options were presented to 72 undergraduates who were assigned to six conditions in which they performed (1) only preference judgments or choices, (2) preference judgments or choices preceded by judgments of attractiveness of attribute levels, or (3) preference judgments or choices accompanied by think-aloud reports. The results replicated (...) the prominence efTect for choices, but a prominence effect was also found for preference judgments. In accordance with the restructuring explanation, the think-aloud protocols indicated that options were more often restructured in choices than in preference judgments. However, restructuring could not explain the prominence effect observed for preference judgments. A modified compatibility hypothesis is offered as an alternative explanation. (shrink)

Subjective perception of sleep is not necessarily consistent with electroencephalography (EEG) indications of sleep. The mismatch between subjective reports and objective measures is often referred to as “sleep state misperception.” Previous studies evince that this mismatch is found in both patients with insomnia and in normal sleepers, but the neurophysiological mechanism remains unclear. The aim of the study is to explore the neurophysiological basis of this mechanism, from the perspective of both EEG power and functional magnetic resonance imaging (fMRI) fluctuations. (...) Thirty-six healthy young adults participated in the study. Simultaneous EEG and fMRI recordings were conducted while the participants were trying to fall asleep in an MRI scanner at approximately 9:00 pm. They were awakened after achieving stable N1 or N2 sleep, or after 90 min without falling into stable sleep. Next they were asked to recall their conscious experiences from the moment immediately prior to awakening. Sixty-one instances of scheduled awakenings were collected: 21 of these after having achieved stable stage N2 sleep; 12, during stage N1 sleep; and, 20 during the waking state. Relative to those awakenings without subjective–objective discrepancy (n = 27), these awakenings with discrepancy (n = 14) were associated with lower θ power, as well as higher α, β, and γ power. Moreover, we found that participants who exhibited the discrepancy, compared with those who did not, evinced a higher amplitude of low-frequency fluctuation levels in the prefrontal cortex. These results lend support to the conjecture that the subjective–objective discrepancy is associated with central nervous system hyperarousal. (shrink)

Does individual desert matter for distributive justice? Is it relevant, for purposes of justice, that the pattern of distribution of justice’s “currency” (be it well-being, resources, preference-satisfaction, capabilities, or something else) is aligned in one or another way with the pattern of individual desert? -/- This paper examines the nexus between desert and distributive justice through the lens of individual claims. The concept of claims (specifically “claims across outcomes”) is a fruitful way to flesh out the content (...) of distributive justice so as to be grounded in the separateness of persons. A claim is a relation between a person and a pair of outcomes. If someone is better off in one outcome than a second, she has a claim in favor of the first. If she is equally well off in the two outcomes, she has a null claim between the two. In turn, whether one outcome is more just than a second depends upon the pattern of claims between them. -/- In prior work, I have elaborated the concept of claims across outcomes, and have used it to provide a unified defense of the Pareto and Pigou-Dalton axioms. Adding some further, plausible, axioms, we arrive at prioritarianism. -/- Here, I consider the possibility of desert-modulated claims—whereby the strength of an individual’s claim between two outcomes is determined not only by her well-being levels in the two outcomes, and her well-being difference between them, but also by her desert. This generalization of the notion of claims suggests a new axiom of justice: Priority for the More Deserving, requiring that, as between two individuals at the same well-being level, a given increment in well-being be allocated to the more deserving one. -/- If individual desert is intrapersonally fixed, this new axiom, together with a desert-modulated version of the Pigou-Dalton principle, and the Pareto axioms, yields a desert-modulated prioritarian account of distributive justice. Trouble arises, however, if an individual’s desert level can be different in different outcomes. In this case of intrapersonally variable desert, Priority for the More Deserving can conflict with the Pareto axioms (both Pareto indifference and strong Pareto). -/- This conflict, I believe, is sufficient reason to abandon the proposal to make claim strength a function of individual desert on top of well-being levels and differences. If distributive justice is truly sensitive to each individual’s separate perspective—if the justice ranking of outcomes is built up from the totality of individual rankings—we should embrace the Pareto axioms as axioms of justice and reject Priority for the More Deserving. In short: desert-modulated prioritarianism is a nonstarter. Rawls was right to sever distributive justice from desert. (shrink)

The scale and character of past injustice can seem overwhelming. Grievous wrongdoing characterizes so much of human history, both within and between different political communities. This raises a familiar question of reparative justice: what is owed in the present as a result of the unjust actions of the past? This article asks what should be done in situations where contemporary debts stemming from past injustice are massive in scale, and seemingly call for nonideal resolution or settlement. Drawing on recent work (...) by Sara Amighetti and Alasia Nuti on deliberative reparative processes, the article differentiates between two different approaches to settling claims for reparation. The first pursues settlement in a legal or quasi legal sense, seeking to close a matter through discussion, compromise, and bargaining in such a way as to maximize one’s interest while drawing a line under the events in question. The second is grounded not in one’s own interest but in an acknowledgement of the inevitable inadequacy of one’s reparative response. Such an approach to settlement centres the agency of the individuals and groups harmed by past wrongdoing. The article examines the reparations issue with reference to a range of recent cases of alleged settlement, including claims for reparation for torture by the British army in Kenya in the 1950s, for sexual slavery by the Japanese Imperial Army in East Asia in the Second World War, and for genocide by German colonial forces between 1904 and 1908. (shrink)

Contrastivism about reasons is the view that ‘reason’ expresses a relation with an argument place for a set of alternatives. This is in opposition to a more traditional theory on which reasons are reasons for things simpliciter. I argue that contrastivism provides a solution to a puzzle involving reason claims that explicitly employ ‘rather than’. Contrastivism solves the puzzle by allowing that some fact might be a reason for an action out of one set of alternatives without being a (...) reason for that action out of a different set of alternatives. (shrink)

This essay reviews the domain of the literary contrasting it with other intellectual discourses; especially philosophy. It establishes the superiority of literature over philosophy. And mentions the philosophies informing literature. The essay is written consciously with copious endnotes, contrary to current ways of writing. The essay proper is simple; the endnotes often mock jargon and mimic pedantry.

Claims are universal when they are not dependent on when and where they are made. Mathematics and the natural sciences are the typical disciplines that allow such claims to be made. Is the striving for universal claims in other disciplines justified? Those who attempt to answer this question in the affirmative often argue that it is justified when mathematics and the natural sciences are taken as the model for other disciplines. In this paper I challenge this position (...) and analyze the issue by looking at it from a new angle, a perspective that involves two key concepts: violence and loyalty. The result of this analysis throws light on the broader question concerning what the search for truth might mean in a pluralistic world. (shrink)

This article is a data-driven critique of The Philosophical Gourmet Report, the most institutionally influential publication in the field of Anglophone philosophy. The PGR is influential because it is perceived to be of high value. The article demonstrates that the actual value of the PGR, in its current form, is not nearly as high as it is assumed to be and that the PGR is, in fact, detrimental to the profession. The article lists and explains five objections to the methods (...) and methodology of the report. Taken together, the objections demonstrate that the report is severely flawed, failing to provide the information it purports to and damaging the profession overall. Finally, the article explains how several modifications may improve the PGR so that it can more legitimately and equitably play the role it already plays. (shrink)

A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these rights and their correlative duties, (...) while remaining neutral on substantive moral debates. I argue that socioeconomic-consideration human rights are satisfactorily claimable and sufficiently practical. (shrink)

Amy Gutmann and Dennis Thompson’s theory of deliberative democracy has been widely influential and favorably viewed by many as a successful attempt to combine procedural and substantive aspects of democracy, while remaining quintessentially liberal. Although I admit that their conception is one of the strongest renditions of liberal democracy, I argue that it is inadequate in radically multicultural societies that house non-liberal cultural minorities. By focusing on Gutmann’s position on minority claims of culture in the liberal West, which follows (...) from Gutmann and Thompson’s theory of deliberative democracy, I attempt to show that the theory of deliberative democracy does not do justice to legitimate claims of culture made by nonliberal minority cultural groups in the liberal West. As a result, I further argue that their deliberative democracy itself is inadequate for radically diverse societies in the West, some of whose members also belong to nonliberal minority cultural groups. (shrink)

Captured in narrative textual form through open-ended and tape-recorded interview conversations, visitor experience was interpreted to construct a description of visitors' relationships to place while at the same time providing insights for those who manage the national park. Humans are conceived of as meaning-makers, and outdoor recreation is viewed as emergent experience that can enrich peoples' lives rather than a predictable outcome of processing information encountered in the setting. This process-oriented approach positions subjective well-being and positive experience in the ongoing (...) processes and activities that comprise our life pursuits rather than in particular end states toward which behaviors might be directed as in the case of end state frameworks. Several themes emerged in the interpretation across narratives including a relationship of stewardship/sense of respectful mitigation, socially constructed dimensions of the wilderness concept, which both converged with and deviated from definitions in The Wilderness Act of 1964, humans positioned as both part of wilderness and separate from it, description of a process whereby people form a relationship to protected places, and an awareness among visitors of the overarching management dilemma of how to balance human visitation with protection. Management insights and general implications that emerged from the overall interpretation such as using narrative illustration to enhance visitor education were summarized. It is suggested that the particularities of the setting, in conjunction with the process-oriented creation of meaning via varying levels of physical and social interaction with the setting each play important roles, perhaps at different times, for visitors' relationships to places within the Park. The process of forming long-term relationships to places is highlighted as the common thread running through the interpretation. The value of the national park is seen to lie in these relationships, which are time and context dependent, not necessarily in the attributes of the park, many of which are generic to other protected areas in North America. The dissertation concluded with an evaluation of this interpretation based on these implications and insights and provided direction for further research to learn about the processes involved with forming relationships to protected places. (shrink)

Ölümcül Hastalık Umutsuzluk adlı eserinde umutsuzluğu, ben’in bir hastalığı ve kendine yönelen bir ilişkinin sonucu olarak ele alan Danimarkalı filozof Søren Aabye Kierkegaard, bu hastalığın kişide üç farklı şekilde görülebileceğini öne sürmüştür: “(a) bir ben’i olduğunun farkında olmayan umutsuz kişi, (b) kendisi olmak isteyen umutsuz kişi ve (c) kendisi olmak istemeyen umutsuz kişi.” Kierkegaard’a göre kendi ben’ininden kurtulmak isteyen kişi, “olmak istediği ben” hâline gelemediği için olduğu ben’ine katlanamamakta ve bu nedenle umutsuzluk yaşamaktadır. Bu çalışma kapsamında Kierkegaard’ın benlik ve umutsuzluk (...) ilişkisi üzerine yaptığı bu tespitin, sosyal psikoloji alanının önde gelen araştırmacılarından biri olan Edward Tory Higgins’ın Benlik Uyuşmazlıkları Kuramı üzerinden okunabileceği öngörülmektedir. Higgins, geliştirdiği kuramda çoklu bir benlik ayrımına gitmekte ve benliği gerçek benlik, ideal benlik ve olması gereken benlik olmak üzere üç alana ayırmaktadır. Bu ayrıma göre gerçek benlik, kişinin sahip olduğunu düşündüğü özelliklerin; ideal benlik, kişinin kendisi olmak için idealde sahip olmayı arzu ettiği özelliklerin; olması gereken benlik ise kişinin taşımak zorunda olduğunu düşündüğü özelliklerin bir bütününü temsil etmektedir. Söz konusu özellikler, kişinin kendi kişisel bakış açısına dayalı olabileceği gibi başkalarının bakış açısından da kaynaklanabilmektedir. Higgins’a göre ikili benlik durumları arasındaki uyuşmazlık (örneğin gerçek benlik-ideal benlik ya da gerçek benlik-olması gereken benlik) kişide, kendi beklentilerini ya da başkalarının beklentilerini karşılamada yetersiz kaldığı yönünde negatif duyuşlar yaratmaktadır. Bu duyuşlar arasında depresyonun bir parçası olan umutsuzluk da yer almaktadır. Şimdiki çalışma Kierkegaard’ın tasvir ettiği “olmak istediği ben hâline gelemediği için olduğu ben’ine katlanamayıp umutsuzluğa yakalanan” kişinin içinde bulunduğu durumu, Higgins’ın öne sürdüğü “gerçek benlik-ideal benlik uyuşmazlığının depresyonla (dolayısıyla umutsuzlukla) ilişkili olabileceği” argümanıyla ilişkili bir biçimde ele almayı ve bu yolla benlik ve umutsuzluk ilişkisini felsefe ve psikoloji disiplinlerinin kesişiminde incelemeyi amaçlamaktadır. (shrink)

This paper argues for a conception of the natural rights of non-human animals grounded in Kant’s explanation of the foundation of human rights. The rights in question are rights that are in the first instance held against humanity collectively speaking—against our species conceived as an organized body capable of collective action. The argument proceeds by first developing a similar case for the right of every human individual who is in need of aid to get it, and then showing why the (...) situation of animals is similar. I first review some of the reasons why people are resistant to the idea that animals might have rights. I then explain Kant’s conception of natural rights. I challenge the idea that duties of aid and duties of kindness to animals fit the traditional category of “imperfect duties” and argue that they are instead cases of “imperfect right.” I explain how you can hold a right against a group, and why it is legitimate to conceive of humanity as such a group. I then argue that Kant’s account of the foundation of property rights is grounded in a conception of the common possession of the Earth that grounds a right to aid and the rights of animals to be treated in ways that are consistent with their good. Finally, I return to the objections to the idea that animals have rights and offer some responses to them. (shrink)

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)

Particular persons have claims against being made worse off than they could have been. The literature, however, has focused primarily on only two-option cases; yet, these cases fail to capture all of the morally relevant factors, especially when a person’s existence is in question. This paper explores how to assess claims in multiple-option choice sets. We scrutinize the only extant proposal, offered by Michael Otsuka, which we call the Weakening View. In light of its problems, we develop an (...) alternative: the Combining View. The Weakening View holds that a person’s claim against a loss of well-being relative to one distribution is weakened by the availability of further alternatives relative to which the person gains well-being. By contrast, our view holds that a person has an overall claim for or against a certain distribution relative to the whole option set, where overall claims are second-order functions of the different pairwise claims. Finally, we defend the Combining View by exploring its implications for the impact of a person’s possible non-existence on their overall claims, and we develop a proposal for how the number of distributions relative to which a person gains or loses welfare influences the strength of their overall claims. (shrink)

In “Stereotyping as Discrimination: Why Thoughts Can Be Discriminatory,” I propose that stereotyping someone—even if you manage to keep your thoughts hidden and don’t act on them—can constitute a form of discrimination (2021b). What, Alex Madva asks, are the practical implications of this claim? Even if I am correct that stereotyping constitutes a form of discriminatory treatment, it’s still possible that people should keep on speaking and acting as if “discrimination” refers exclusively to behaviors and policies. He invites me to (...) explore the “potential payoffs and perils” of referring to thoughts and perceptions as discriminatory, especially as they relate to legal practice and social-scientific inquiry (2021, 46). (shrink)

Marya Schechtman has raised a series of worries for the Psychological Continuity Theory of personal identity (PCT) stemming out of what Derek Parfit called the ‘Extreme Claim’. This is roughly the claim that theories like it are unable to explain the importance we attach to personal identity. In her recent Staying Alive (2014), she presents further arguments related to this and sets out a new narrative theory, the Person Life View (PLV), which she sees as solving the problems as well (...) as bringing other advantages over the PCT. I look over some of her earlier arguments and responses to them as a way in to the new issues and theory. I argue that the problems for the PCT and advantages that the PLV brings are all merely apparent, and present no reason for giving up the former for the latter. (shrink)

The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the (...) normative critique of LCA, focusing predominantly on the arguments presented by its most incisive proponent Philip Soper. I defend a twofold conclusion. First, LCA, understood roughly along the lines put forward by Joseph Raz, is part of the most attractive analysis of law. Second, proponents of the normative critique, and in particular Soper, are committed to accepting LCA. (shrink)

Plakias has recently argued that there is nothing wrong with publishing defences of philosophical claims which we don't believe and also nothing wrong with concealing our lack of belief, because an author's lack of belief is irrelevant to the merit of a published work. Fleisher has refined this account by limiting the permissibility of publishing without belief to what he calls ‘advocacy role cases’. I argue that such lack of belief is irrelevant only if it is the result of (...) an inexplicable incredulity or the result of a metaphilosophical or epistemic stance that is unrelated to the specific claim. However, in many real-life cases, including Fleisher's advocacy role cases, our doubts regarding the claims we defend arise from reasons that have something to do with the insufficiency of the philosophical evidence supporting the claim, and publishing an unconditional defence of a claim without revealing our doubts is impermissible as it involves withholding philosophically relevant reasons. Plakias has also argued that discouraging philosophers from publishing claims they don't believe would be unfair to junior philosophers with unsettled views. I propose that we should change our academic practices that pressure philosophers to publish articles that pretend to be defences of settled views. (shrink)

When Neil MacCormick, in the wake of the launch of the Maastricht Treaty on European Union, went “beyond the Sovereign State” in 1993, he fundamentally challenged the heretofore dominant paradigm of legal ordering in the European context which considered law to be singular, unified and confined within sovereign nation states. The original insight of MacCormick might, however, be pushed even further, as a historical re-construction reveals that legal pluralism is not only a trademark of recent historical times, marked by the (...) European integration process, but has also been at the very core of legal evolution in Europe throughout its modern history. The introduction of modern law in Europe can be traced back to the eleventh and twelfth century Investiture Conflict between the Church and the Emperor, a conflict which solidified the existence of two parallel universes of law, one Church-based and one empire-based, both of which rested, in principle, upon mutually exclusive claims to superiority, but which nonetheless became institutionally stabilized in a manner which allowed for mutual co-existence between them. The existence of such parallel universes of law has throughout, also in the “Westphalian world”, been a central characteristic of European law. It is suggested that the current constellation between the EU and its Member States should be viewed in this light. (shrink)

This paper is not so much concerned with the question under which circumstances self-defense is justified, but rather with other normative features of self-defense as well as with the source of the self-defense justification. I will argue that the aggressor’s rights-forfeiture alone – and hence the liberty-right of the defender to defend himself – cannot explain the intuitively obvious fact that a prohibition on self-defense would wrong victims of attack. This can only be explained by conceiving of self-defense also as (...) a claim-right. However, I will also argue that a claim-right cannot ground the self-defense justification either. Rather, what grounds the self-defense justification and its particular strength and scope is the fact that self-defense is an act-specific agent-relative prerogative: a defender is allowed to give particularly grave weight to his interest in engaging in self-defense, which distinguishes self-defense from most other acts. This is not the same as saying that he has a right or a liberty to engage in self-defense. Thus, self-defense, understood as a normative concept, is a claim-right, a liberty-right, and an act-specific agent-relative prerogative. (shrink)

Joshua Greene has argued that the empirical findings of cognitive science have implications for ethics. In particular, he has argued (1) that people’s deontological judgments in response to trolley problems are strongly influenced by at least one morally irrelevant factor, personal force, and are therefore at least somewhat unreliable, and (2) that we ought to trust our consequentialist judgments more than our deontological judgments when making decisions about unfamiliar moral problems. While many cognitive scientists have rejected Greene’s dual-process theory of (...) moral judgment on empirical grounds, philosophers have mostly taken issue with his normative assertions. For the most part, these two discussions have occurred separately. The current analysis aims to remedy this situation by philosophically analyzing the implications of moral dilemma research using the CNI model of moral decision-making – a formalized, mathematical model that decomposes three distinct aspects of moral-dilemma judgments. In particular, we show how research guided by the CNI model reveals significant conceptual, empirical, and theoretical problems with Greene’s dual-process theory, thereby questioning the foundations of his normative conclusions. (shrink)

While epistemic democrats have claimed that majority rule recruits the wisdom of the crowd to identify correct answers to political problems, the conjecture remains abstract. This article illustrates how majority rule leverages the epistemic capacity of the electorate to practically enhance the instrumental value of elections. To do so, we identify a set of sufficient conditions that effect such a majority rule mechanism, even when the decision in question is multidimensional. We then look to the case of sociotropic economic voting (...) in US presidential elections to provide empirical tractability for these conditions. We find that absent such an epistemic capacity a number of presidential elections might well have been decided differently. By generating clear conditions for the plausibility of claims made by epistemic democrats, and demonstrating their correspondence to empirical data, this article strengthens the broader instrumental grounds recommending democracy. (shrink)

Against interpretations of Kant that would assimilate the universality claim in judgments of taste either to moral demands or to theoretical assertions, I argue that it is for Kant a normative requirement shared with ordinary empirical judgments. This raises the question of why the universal agreement required by a judgment of taste should consist in the sharing of a feeling, rather than simply in the sharing of a thought. Kant’s answer is that in a judgment of taste, a feeling assumes (...) the role of predicate. Such a solution presents a problem as serious as the one it purports to solve. (shrink)

Logical empiricism is commonly seen as a counter-position to scientific realism. In the present paper it is shown that there indeed existed a realist faction within the logical empiricist movement. In particular, I shall point out that at least four types of realistic arguments can be distinguished within this faction: Reichenbach’s ‘probabilistic argument,’ Feigl’s ‘pragmatic argument,’ Hempel’s ‘indispensability argument,’ and Kaila’s ‘invariantist argument.’ All these variations of arguments are intended to prevent the logical empiricist agenda from the shortcomings of radical (...) positivism, instrumentalism, and other forms of scientific antirealism. On the whole, it will be seen that logical empiricism and scientific realism are essentially compatible with each other. Especially Kaila’s invariantist approach to science (and nature) comes quite close to what nowadays is discussed under the label ‘structural realism.’ This, in turn, necessitates a fundamental reevaluation of Kaila’s role in the logical empiricist movement in particular and in twentieth-century philosophy of science in general. (shrink)

The claim has often been made that passing the Turing Test would not be sufficient to prove that a computer program was intelligent because a trivial program could do it, namely, the “Humongous-Table (HT) Program”, which simply looks up in a table what to say next. This claim is examined in detail. Three ground rules are argued for: (1) That the HT program must be exhaustive, and not be based on some vaguely imagined set of tricks. (2) That the HT (...) program must not be created by some set of sentient beings enacting responses to all possible inputs. (3) That in the current state of cognitive science it must be an open possibility that a computational model of the human mind will be developed that accounts for at least its nonphenomenological properties. Given ground rule 3, the HT program could simply be an “optimized” version of some computational model of a mind, created via the automatic application of program-transformation rules [thus satisfying ground rule 2]. Therefore, whatever mental states one would be willing to impute to an ordinary computational model of the human psyche one should be willing to grant to the optimized version as well. Hence no one could dismiss out of hand the possibility that the HT program was intelligent. This conclusion is important because the Humongous-Table Program Argument is the only argument ever marshalled against the sufficiency of the Turing Test, if we exclude arguments that cognitive science is simply not possible. (shrink)

The underdetermination of theory by evidence is supposed to be a reason to rethink science. It is not. Many authors claim that underdetermination has momentous consequences for the status of scientific claims, but such claims are hidden in an umbra of obscurity and a penumbra of equivocation. So many various phenomena pass for `underdetermination' that it's tempting to think that it is no unified phenomenon at all, so I begin by providing a framework within which all these worries (...) can be seen as species of one genus: A claim of underdetermination involves (at least implicitly) a set of rival theories, a standard of responsible judgment, and a scope of circumstances in which responsible choice between the rivals is impossible. Within this framework, I show that one variety of underdetermination motivated modern scepticism and thus is a familiar problem at the heart of epistemology. I survey arguments that infer from underdetermination to some reëvaluation of science: top-down arguments infer a priori from the ubiquity of underdetermination to some conclusion about science; bottom-up arguments infer from specific instances of underdetermination, to the claim that underdetermination is widespread, and then to some conclusion about science. The top-down arguments either fail to deliver underdetermination of any great significance or (as with modern scepticism) deliver some well-worn epistemic concern. The bottom-up arguments must rely on cases. I consider several promising cases and find them to either be so specialized that they cannot underwrite conclusions about science in general or not be underdetermined at all. Neither top-down nor bottom-up arguments can motivate any deep reconsideration of science. (shrink)

Recently, researchers and reporters have made a wide range of claims about the distribution, nature, and societal impact of political polarization. Here I offer reasons to believe that, even when they are correct and prima facie merely descriptive, many of these claims have the highly negative side effect of increasing political polarization. This is because of the interplay of two factors that have so far been neglected in the work on political polarization, namely that (1) people have a (...) tendency to conform to descriptive norms (i.e., norms capturing (perceptions of) what others commonly do, think, or feel), and (2) claims about political polarization often convey such norms. Many of these claims thus incline people to behave, cognize, and be affectively disposed in ways that contribute to social division. But there is a silver lining. People’s tendency to conform to descriptive norms also provides the basis for developing new, experimentally testable strategies for counteracting political polarization. I outline three. (shrink)

Indicative conditionals and tendency causal claims are closely related (e.g., Frosch and Byrne, 2012), but despite these connections, they are usually studied separately. A unifying framework could consist in their dependence on probabilistic factors such as high conditional probability and statistical relevance (e.g., Adams, 1975; Eells, 1991; Douven, 2008, 2015). This paper presents a comparative empirical study on differences between judgments on tendency causal claims and indicative conditionals, how these judgments are driven by probabilistic factors, and how these (...) factors differ in their predictive power for both causal and conditional claims. (shrink)

This article discusses an anomaly in the English law of reproductive liability: that is, an inconsistency between the law’s approach to wrongful life claims and its approach to cases of negligent selection of gametes or embryos in infertility treatments (the selection cases). The article begins with an account of the legal position, which brings into view the relevant inconsistency: while the law treats wrongful life claims as non- actionable, it recognises a cause of action in the selection cases, (...) although the selection cases bear a relevant resemblance to wrongful life claims. The article then considers arguments that may be invoked in an attempt to reconcile the above two strands of the law. Three of these counterarguments consist in attempts to distinguish the selection cases from wrongful life claims. It is argued that these attempts fail to reveal a valid basis for treating these situations differently. A fourth possible counterargument levels against the present analysis a charge of reductio ad absurdum. It is shown that this argument suffers from a fundamental flaw caused by confusion between different senses of the term “identity”. Finally, the article discusses possible changes to the legal position that could rectify the problem. It argues that one of these changes, which focuses on legal redress for violation of personal autonomy, is particularly apt to resolve the problem at hand, but also highlights the need for further inquiry into the broader implications of introducing this form of redress into the law of torts. (shrink)

Many philosophers and jurists believe that individuals should sometimes be granted religiouslygrounded exemptions from laws or rules. To determine whether an exemption is merited in a particular case, the religious claim must be weighed against the countervailing values that favour the uniform application of the law or rule. This paper develops and applies a framework for assessing the weight of religious claims to exemption, across two dimensions. First, the importance of the burdened religious practice, which is determined by its (...) level of obligatoriness and centrality, according to the beliefs of the individual claimant. Second, the extent of the burden on the practice, which depends on the cost the individual bears if she both undertakes the religious practice and obeys the law or rule, where costs are assessed using an impartial account of individual interests. Exemptions should be granted when claims are weighty on either of these dimensions and the countervailing value is relatively weak. The final section of the paper responds to an important objection to this approach, which concerns administrability. (shrink)

A common response to claims of bias, harassment, or discrimination is to say that these claims are made in bad faith. Claimants are supposedly not motivated by a credible or even sincere belief that unfair or unequal treatment has occurred, but simply seek to illicitly gain public sympathy or private reward. Characterizing discrimination claims as systematically made in bad faith enables them to be screened and dismissed prior to engaging with them on their merits. This retort preserves (...) the dominant group’s self-image as unprejudiced and innocent without having to risk critical analysis of the claim’s substance. (shrink)

In 2019, several US states passed “heartbeat” bills. Should such bills go into effect, they would outlaw abortion once an embryonic heartbeat can be detected, thereby severely limiting an individual’s access to abortion. Many states allow health care professionals to refuse to provide an abortion for reasons of conscience. Yet heartbeat bills do not include a positive conscience clause that would allow health care professionals to provide an abortion for reasons of conscience. I argue that this asymmetry is unjustified. The (...) same criteria that justify protecting conscientious refusals to provide abortion also justify protecting positive conscientious appeals regarding abortion. Thus, if the law provides legal exemptions for health care professionals who, as a matter of conscience, refuse to provide abortions where it is legal, it should also provide exemptions for health care professionals who, as a matter of conscience, feel obligated to provide abortions where it is illegal. (shrink)