In current legal and political atmospheres, when governments are embracing notions such as pollution prevention and the three ”R’s” – reduce, reuse and recycle, while discarding command and control types of regulatory enforcement, some may be surprised to learn that since 1971 Pennsylvania law has permitted the exemption of corporate assets from capital stock valuation for the purpose of paying capital stock taxes, if the assets are devoted to pollution control or abatement. Straightforward though the idea of tax exemption for (...) pollution control assets may seem, the execution of the statutory exemption, together with the regulation which was promulgated thereunder, yields a wide variety of hermeneutic fruit under the scrutiny of the judiciary and the advocacy of lawyers. (shrink)

Some bioethicists argue that conscientious objectors in health care should have to justify themselves, just as objectors in the military do. They should have to provide reasons that explain why they should be exempt from offering the services that they find offensive. There are two versions of this view in the literature, each giving different standards of justification. We show these views are each either too permissive (i.e. would result in problematic exemptions based on conscience) or too restrictive (i.e. (...) would produce problematic denials of exemption). We then develop a middle ground position that we believe better combines respect for the conscience of healthcare professionals with concern for the duties that they owe to patients. Our claim, in short, is that insofar as objectors should have to justify themselves, they should have to do it according to the standard that we defend rather than according to the standards that others have developed. (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)

Exemption from blameworthiness is often bound to implicit or explicit claims of diminished agency, or even non-agency. This poses a dilemma in navigating moral relationships affected by mental illness. While it is crucial for assessments of responsibility to be responsive to the significance of mental illness, must this responsiveness come at a cost to symmetrical moral relations? In this paper we argue, contra recent critiques, that Strawsonian accounts of responsibility are able to navigate this dilemma, and can accommodate significant exculpation (...) on the basis of mental illness while maintaining symmetrical relations. We understand this to be part of the larger recognition that while we have certain fundamental entitlements within our moral relationships, it is also possible to be over-entitled, and to expect too much of others. Our account draws, in particular, on the moral significance of difficulty. Difficulty is inherently scalar, and in drawing on this explanatory framework we explicate a theory of both excuse and exemption by degree. We argue for a significant realm of excuse on the basis of mental illness that is fully compatible with symmetrical relations. However, we also acknowledge the limits of this accommodation on Strawsonian grounds, and argue that these limits are justified and appropriate. (shrink)

Pamela Hieronymi has authored a very insightful book that focuses on one of the most influential articles in 20th century philosophy: P. F. Strawson’s ‘Freedom and Resentment’ (1962). Hieronymi’s principal objective in Freedom, Resentment, and the Metaphysics of Morals is to reconstruct and evaluate the central argumentative strategy in Strawson’s essay. The author’s aim is ‘to show that it can withstand the objections that are both the most obvious and the most serious, leaving it a worthy contender’ (3). In the (...) present commentary, I summarize the main results of Hieronymi’s analysis. I engage with the book’s main themes, noting in due course certain unclarities and some shortcomings, while emphasizing the many valuable insights it offers. (shrink)

In a recent commentary, Kim and colleagues argued that minimal-risk research should be deregulated so that such studies do not require review by an institutional review board. They claim that regulation of minimal-risk studies provides no adequate counterbalancing good and instead leads to a costly human subjects oversight system. We argue that the counterbalancing good of regulating minimal-risk studies is that oversight exists to ensure that respect for persons and justice requirements are satisfied when they otherwise might not be.

Theorists of democratic multiculturalism have long-defended individuals’ religious exemptions from generally-applicable laws. Examples include Sikhs being exempt from motorcycle helmet laws, or Jews and Muslims being exempt from humane animal slaughter laws. This paper investigates religious exemptions for organisations. Should organisations ever be granted exemptions from generally-applicable laws in democratic societies, where those exemptions are justified by the organisation’s religion? The paper considers four arguments for this, which respectively rely on: the ‘transferring up’ to organisations of (...) individuals’ claims to autonomy or recognition; organisations’ own claims to autonomy or recognition; organisations’ status in the accountability-community; and organisations’ procedural constraints. The paper concludes that only the last argument works—and then, only with caveats. (shrink)

Building on the theory of humor advanced by Yves Cusset in his recent book Rire: Tractatus philo-comicus, I argue that we can understand the phenomenon in terms of what Jean-Luc Nancy, following Roland Barthes, has called the exemption from sense. I attempt to show how the humorous sensibility, understood in this way, is entirely incompatible with the experience of others as contemptible. I conclude by developing some of the normative implications of this, focusing specifically on the question whether it is (...) ever morally permissible to treat others with contempt. (shrink)

In a recent paper published in this journal, Giubilini, Douglas and Savulescu argue that we have given insufficient weight to the moral importance of fairness in our account of the best policies for non-medical exemptions to childhood immunization requirements. They advocate for a type of policy they call Contribution, according to which parents must contribute to important public health goods before their children can receive NMEs to immunization requirements. In this response, we argue that Giubilini, Douglas and Savulescu give (...) insufficient weight to the moral importance parental liberty in ways that count against their preferred type of NMEs policy and threaten public support for mandatory vaccination laws and public health initiatives generally. (shrink)

Supporters of neutrality as benign neglect argue that a neutral state should not grant any type of recognition to cultural or religious groups. Liberal multiculturalists argue instead that due to the non-neutral nature of public institutions, democratic states must adopt policies that recognize and accommodate the distinctive needs of ethnocultural groups. This article examines a different way of conceiving the principle of neutrality. In this conception, developed by Alan Patten in the framework of liberal multiculturalism, a state can only be (...) neutral when it extends equivalent levels of assistance/hindrance to rival conceptions of the good. Neutrality is thus reinterpreted to become a principle justifying the religious exemptions. The article highlights some aspects of this theory that should be reconsidered.// -/- Les défenseurs de la neutralité bienveillante soutiennent qu’un État neutre ne doit accorder aucun type de reconnaissance aux groupes culturels ou religieux. Les multiculturalistes libéraux avancent pour leur part que, en raison de la nature non neutre des institutions publiques, les États démocratiques doivent adopter des politiques vi-sant la reconnaissance et l’accommodement des besoins distinctifs des groupes ethnoculturels. Cet article examine une manière diffé-rente de concevoir le principe de neutralité. Dans cette conception, développée par Alan Patten dans le cadre du multiculturalisme libé-ral, un État ne peut être neutre que s’il assiste ou entrave de manière équivalente les différentes conceptions du bien. La neutralité est ainsi réinterprétée pour devenir un principe permettant de justifier les exemptions religieuses. L’article souligne certains aspects de cette théorie qui méritent d’être repensés. (shrink)

In a paper recently published in this journal, Navin and Largent argue in favour of a type of policy to regulate non-medical exemptions from childhood vaccination which they call ‘Inconvenience’. This policy makes it burdensome for parents to obtain an exemption to child vaccination, for example, by requiring parents to attend immunization education sessions and to complete an application form to receive a waiver. Navin and Largent argue that this policy is preferable to ‘Eliminationism’, i.e. to policies that do (...) not allow non-medical exemptions, because Inconvenience has been shown to maintain exemption rates low while not harming parents by forcing them to do something that goes against their beliefs. We argue that it is at least doubtful that Inconvenience is ethically preferable to Eliminationism: while the latter disregards the value of liberty, Inconvenience disregards the value of fairness in the distribution of the burdens entailed by the preservation of a public good like herd immunity. We propose a variant of Inconvenience, which we call ‘Contribution’, which we think is preferable to the versions of Inconvenience discussed by Navin and Largent in that it successfully strikes a balance between the values of parents’ liberty, fairness and expected utility. (shrink)

According to a popular line of thought, being excluded from interpersonal life is to be exempted from accountability, and vice versa. In ordinary life, this is most often illustrated by the treatment of people with serious psychological disorders. When people are excluded from valuable domains on the basis of their arbitrary characteristics (such as race and sex), they are discriminated against, prevented from receiving the benefits of participation in those domains for morally irrelevant reasons. Exemption from accountability—via exclusion from the (...) interpersonal domain—seems to prevent exempted parties from receiving crucial human goods for morally irrelevant reasons. This chapter discusses two widely deployed ways of trying to ameliorate morally costly disabilities. Both fail to apply viably to various psychopathologies. The solution involves disentangling accountability and interpersonality in a way that also provides insights into our shared human nature. (shrink)

In recent years, the practice of tax exemption for churches has become a source of open scrutiny, argument, and controversy on the part of both government and religious leaders. The study attempted to assess the main principles that government base on to impose taxes on its citizenry and to assess the tax exemption status of the churches in Ghana. Exploratory, descriptive and cross-section surveys were used to investigate and discover from respondent’s information on the topic to provide a report on (...) the background, facts, settings and concerns about the principles of taxation and the tax exemption status of churches. The study considered 120 people as its targeted sample of which 114 responded by the use of questionnaires. Also, descriptive analysis such as frequency and percentages were used to analyse the data. From the information gathered on the research, it was revealed that most Ghanaians representing 65.8% prefer the government to allocate taxes based on the benefits that taxpayers receive for paying taxes rather than the ability to pay or any other principle for the allocation of taxes. In addition, 57% of Ghanaians would like the religious organizations to enjoy their tax-exempt status despite allegation by critics that they are amassing wealth for themselves and not contributing to the development of Ghana. Some of the reasons given were that: churches are not profit-making businesses; churches contribute to the development of the nation; churches care for the people more than the government. Some of them concluded that failure to grant the church tax exemption may give room for the churches to engage in business activities. For those with the opposing view, some gave reasons such as: churches have become some sort of commerce; the churches have more money in this world; the payment of taxes by churches may as well boost the revenue of the government. Despite the various arguments, there was an agreement that the Ghana Revenue Authority should check the sales of rosaries, anointing oil, holy water, charge of consultation fees, as these should attract taxation. The paper recommends that Tax-Exempt Division should develop policies and administer tax exempt organizations (including religious organizations) laws. The division should be responsible for exempt organizations tax education and training to enable them understand their tax law obligations. This will improve tax compliance by the exempt organizations. (shrink)

Ruwet observed that subjunctives indicate a discontinuity between action and will, typically resulting in a disjoint reference effect known as obviation (unacceptable "Je veux que je parte"). In a certain set of cases, however, the attitude-holder can felicitously bind the pronominal subject of the subjunctive clause (exemption from obviation). This seminar handout examines the phenomenon in Hungarian, with additional data from Russian, Polish, and Romanian.

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

In Chapter 5 of Liberalism’s Religion, Cécile Laborde considers the freedom and autonomy of religious associations within liberal democratic societies. This paper evaluates her central arguments in that chapter. First, I argue that Laborde makes things too easy for herself in dismissing controversies over the state’s legitimate jurisdictional authority. Second, I argue that Laborde’s view of when associations’ ‘coherence interests’ justify exemptions is too narrow. Third, I consider how we might develop an account of judicial deference to associations’ ‘competence (...) interests’. (shrink)

Terrorist violence is often condemned for targeting innocents or non-combatants. There are two objections to this line of argument. First, one may doubt that terrorism is necessarily directed against innocents or non-combatants. However, I will focus on the second objection, according to which there may be exceptions from the prohibition against killing the innocent. In my article I will elaborate whether lethal terrorism against innocents can be justified in a supreme emergency. Starting from a critique of Michael Walzer’s account of (...) supreme emergency, I will argue that the supreme emergency exemption justifies the resort to terrorism against innocents to avert moral disasters such as genocide and ethnic cleansing, provided that the criteria of last resort, proportionality and public declaration are satisfied. (shrink)

To date, both the United States federal government and twenty-one individual states have passed Religious Freedom Restoration Acts that aim to protect religious persons from having their sincere beliefs substantially burdened by governmental interests. RFRAs accomplish this by offering a three-pronged exemption test for religious objectors that is satisfied only when (1) an objector has a sincere belief that is being substantially burdened; (2) the government has a very good reason (e.g., health or safety) to interfere; and (3) there is (...) a reasonable alternative to serve the compelling interest. Legal balancing tests like those found in RFRA are content neutral insofar as they sideline the belief-content of conscientious objections as irrelevant when determining the permissibility of granting legal accommodations. However, some theorists worry that this legal picture may be backward: perhaps balancing tests should be content non-neutral given the usual features of conscientious objections. For example, Yossi Nehushtan contends that, contrary to their typical codification, religious conscience beliefs seem undeserving of special legal accommodations because they possess uniquely strong empirical and theoretical ties to intolerance. Thus, the illiberally intolerant content of these conscientious objections might actually give the state a reason to refuse to grant legal exemptions. In this paper, I offer a cursory defense of content neutrality with respect to balancing tests like those found in RFRA. To begin, I outline Nehushtan’s argument for content non-neutrality. The cornerstone of his argument is that illiberal intolerance is intolerable such that conscientious objections that are based upon illiberally intolerant values provide the state with strong, normally prevailing reason not to grant an exemption. I argue that, even when the illiberally intolerant content of one’s conscience constitutes a weighty and relevant factor in determining the permissibility of granting a legal exemption, there remain significant problems. It is difficult, for example, to determine which views are illiberally intolerant and difficult to say whether illiberally intolerant views can effectively serve as the principled demarcating line in balancing tests. To conclude, I offer several cursory arguments in favor of adopting content-neutral approaches without necessarily making a comprehensive case. By drawing on the work of Amy Sepinwall, Nadia Sawicki, and Nathan Chapman, I show that content-neutral approaches can help to safeguard robust protections for conscience by permitting atypical exercises of conscience, protect minority thoughts and practices from being coercively supplanted by majoritarian understandings of morality, appropriately maintain the skepticism and humility that we owe each other as compatriots in a pluralistic society, and allow the kind of justifiable civil disobedience that has an important place in political history among other things. (shrink)

In this leçon inaugurale (inaugural lecture) at the University of Neuchâtel, I explain how we can tackle the problem of determinism by asking whether it would give us a justification, an excuse, or an exemption. This strategy builds on Peter Strawson's in Freedom and Resentment, but completes it by (1) proposing a theory of excuses ; (2) proposing that lacking alternatives might give a weak justification--i.e. it might exclude wrongdoing. This forces us to make the best of two philosophical traditions, (...) namely semi-compatibilism (à la Frankfurt/Fischer) and compatibilism (à la Lewis/Vihvelin). My proposal is that whereas compatibilism may have the upper hand, semi-compatibilists have always been right about excuses. (shrink)

Is shame an accomplice of external oppressive values or an introspective emotion that reveals one’s true moral character? We track these conflicting intuitions about shame and argue that they point to several understudied social features of shame. We then lay out a more nuanced and inclusive view of shame that accounts for meaningful life-long interactions between self and community. This view emphasizes both personal agency in navigating shame-related experiences and the social challenges to such agency, namely the social structures and (...) values that breed shame for some people while exempting others. We argue that individuals demonstrate their agency in managing the emotion of shame not just through their private attitudes, by accepting, negotiating, or rejecting specific values, but also through social action, by identifying with some communities and distancing themselves from others. In pointing out that shame is a double-edged sword—harmful in ways not discussed before, yet also morally potent by propelling individual agency—we hope to add much-needed complexity to the discussion of shame. (shrink)

This paper develops a problem for conciliationism that is structurally similar to the self-undermining problem but which is immune to most of the solutions offered against it. A popular objection to conciliationism is that it undermines itself. Given the current disagreement among philosophers about conciliationism, conciliationism seems to require rejecting conciliationism. Adam Elga (2010) has influentially argued that this shows that conciliationism is an incoherent method. By recommending its own rejection, conciliationism recommends multiple, incompatible responses to the same body of (...) experience. Many have offered solutions to this problem, including Elga himself. However, there is another undermining problem. When a peer disagrees about their own peerhood, conciliationism can require the rejection of the peer’s peerhood. The result is that conciliationism recommends two incompatible responses to the same body of experience in a way that parallels the original self-undermining problem. But since many, if not all, of the proposed solutions to the original undermining problem depend on distinctive characteristics of conciliationism undermining itself, they cannot apply to a peer undermining themself. I illustrate this by dividing the solutions that have been offered against the self-undermining problem into two categories: self-exempting solutions and non-exempting solutions. I then show how the proposed solutions under each type do not extend to the peer-undermining problem. If that is right, then conciliationism is faced with a more difficult undermining problem than has been so far acknowledged. (shrink)

School boosters are tax-exempt organizations that engage in fundraising efforts to provide public schools with supplementary resources. This paper argues that prevailing forms of school boosting are defeasibly unjust. Section 1 shows that inequalities in public education funding in the United States violate John Rawls’s two principles of domestic justice. Section 2 argues that prevailing forms of school boosting exacerbate and plausibly perpetuate these injustices. Section 3 then contends that boosting thereby defeasibly violates Rawlsian principles of nonideal theory for rectifying (...) injustice. Thus, boosting should be presumptively either made illegal or substantially reformed. Finally, Section 4 responds to potential objections. (shrink)

Constitutivism argues that the source of the categorical force of the norms of rationality and morality lies in the constitutive features of agency. A systematic failure to be guided by these norms would amount to a loss or lack of agency. Since we cannot but be agents, we cannot but be unconditionally guided by these norms. The constitutivist strategy has been challenged by David Enoch. He argues that our participation in agency is optional and thus cannot be a source of (...) categorical demands. In this paper, I defend the viability of constitutivism by showing that agency is indeed a special ‘inescapable’ enterprise. Agency has the largest jurisdiction, and it is closed under rational assessment. This inescapability does not exempt constitutivism from raising the question whether agents have reason to be agents, but this question has to be taken up within agency. If this question is answered affirmatively, then—I argue—the criteria of practical correctness are self-ratifying in a non-circular way. This is sufficient to show the viability of the constitutivist strategy. Whether agents have conclusive reasons to be agents, however, is a matter to be addressed in the terms of particular versions of constitutivism. (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)

The literature on epistemic injustice has thus far confined the concept of testimonial injustice to speech expressions such as inquiring, discussing, deliberating, and, above all, telling. I propose that it is time to broaden the horizons of testimonial injustice to include a wider range of expressions. Controversially, the form of communication I have in mind is non-verbal expression. Non-verbal expression is a vital, though often overlooked, form of communication, particularly for people who have certain neurocognitive disorders. Dependency upon non-verbal expression (...) is a common feature of some forms of neurocognitive disorders such as ‘intellectual disabilities’, autism and late-stage dementia. According to the narrow definition of testimonial injustice currently championed in the literature, people who express non-verbally are exempt from testimonial injustice. However, when we consider cases where meaningful communications from non-verbal people are dismissed or ignored in virtue of identity prejudice, there seems to be a distinct testimonial harm at play. Using late-stage dementia as a case study, I argue that the definition of testimonial injustice should be expanded to include all communicative practices, whether verbal or non-verbal, to encompass the epistemic harms inflicted upon some of the most marginalised in our society. (shrink)

Hinge epistemology is sometimes taken to be exempt from many of the issues bedevilling regular epistemology because of its pre-epistemic status. That is, hinges are taken to operate beyond epistemic evaluation. In this paper, I go through different non-epistemicist interpretations of what hinge epistemology is and in what sense hinges may precede epistemic evaluation. I argue that all these non-epistemicist accounts nevertheless have to deal with a certain extent of epistemic evaluation, namely, a form of the historical problem of demarcation (...) arises in hinge epistemology: of two incompatible hinges, one may nevertheless be epistemically preferrable over the other even though they both are pre-epistemic hinges. (shrink)

In the world according to Hume, people are complicated creatures, with convoluted, often contradictory characters. Consider, for example, Hume's controversial assessment of Charles I: "The character of this prince, as that of most men, if not of all men, was mixed .... To consider him in the most favourable light, it may be affirmed, that his dignity was free from pride, his humanity from weakness, his bravery from rashness, his temperance from austerity, his frugality from avarice .... To speak the (...) most harshly of him, we may affirm, that many of his good qualities were attended with some latent frailty, which, though seemingly inconsiderable, was able, when seconded by the extreme malevolence of his fortune, to disappoint them of all their influence: His beneficent disposition was clouded by a manner not very gracious; his virtue was tinctured with superstition; his good sense was disfigured by a deference to persons of a capacity inferior to his own; and his moderate temper exempted him not from hasty and precipitate resolutions." This sketch shows Charles in all his complexities, with his virtues, near virtues, and contradicting virtues. I have quoted it at length because it is hard to summarize without losing the subtleties that lie within it. Hume's moral theory is based fundamentally on judgments of character, 2 so those subtleties are important to his view. The character sketches that pervade the.. (shrink)

An important philosophical issue in the study of addiction is what difference the fact that a person is addicted makes to attributions of autonomy (and responsibility) to their drug-oriented behavior. In spite of accumulating evidence suggesting the role of emotional dysregulation in understanding addiction, it has received surprisingly little attention in the debate about this issue. I claim that, as a result, an important aspect of the autonomy impairment of many addicted individuals has been largely overlooked. A widely shared assumption (...) in the philosophical literature is that for addiction to impair a person’s autonomy it has to make them (in some sense) take drugs against their will. So-called “willing addicts” are therefore usually seen as exempted from the autonomy impairment believed to characterize “unwilling addicts”, the latter being those who ‘truly want’ to stop using drugs but find their attempts repeatedly derailed by failures of self-control. In this article, I argue that the association between addiction and emotional dysregulation shows why this assumption is false. Emotional dysregulation is not only consistent with the possibility that many addicts take drugs ‘willingly’, it supports the hypothesis that they use drugs because they truly want to. The article proposes an explanation for why emotional dysregulation should nevertheless be seen as an aspect of their loss of control and an important reason why they have impaired autonomy. I end by exploring some implications of this account for addict’s decision-making capacity when they are prescribed the drugs to which they are addicted. -/- . (shrink)

On a Parfit-inspired account of culpability, as the psychological connections between a person’s younger self and older self weaken, the older self’s culpability for a wrong committed by the younger self diminishes. Suppose we accept this account and also accept a culpability-based upper limit on punishment severity. On this combination of views, we seem forced to conclude that perpetrators of distant past wrongs should either receive discounted punishments or be exempted from punishment entirely. This article develops a strategy for resisting (...) this conclusion. I propose that, even if the perpetrators of distant past wrongs cannot permissibly be punished for the original wrongs, in typical cases they can permissibly be punished for their ongoing and iterated failures to rectify earlier wrongs. Having set out this proposal, I defend it against three objections, before exploring how much punishment it can justify. (shrink)

In this essay, I present three arguments for the claim that theists should reject divine command theory in favor of divine attitude theory. First, DCT implies that some cognitively normal human persons are exempt from the dictates of morality. Second, it is incumbent upon us to cultivate the skill of moral judgment, a skill that fits nicely with the claims of DAT but which is superfluous if DCT is true. Third, an attractive and widely shared conception of Jewish/Christian religious devotion (...) leads us naturally to an attitude-based conception of morality rather than a command-based one. (shrink)

In this short article, my aim is to introduce readers to some debates about religious freedom and constitutional law in the United States. I highlight a few of the enduring questions debated by political philosophers and legal scholars. For example, does the Constitution require special religious exemptions for citizens whose religious convictions put them at odds with otherwise neutral and legitimate state pol- icy? Should the Constitution be interpreted as supporting a strict secularism or a multicultural egalitarian liberal position? (...) What are the limits to religious freedom? To illustrate how these and related questions are debated I consider some recent work on religious freedom jurisprudence in the United States. (shrink)

Hussain claims that ethical consumers are subject to democratic requirements of morality, whereas ordinary price/quality consumers are exempt from these requirements. In this paper, we demonstrate that Hussain’s position is incoherent, does not follow from the arguments he offers for it, and entails a number of counterintuitive consequences.

This paper explores the prospects of combining two views. The first view is metaphysical rationalism : all things have an explanation. The second view is metaphysical essentialism: there are real essences. The exploration is motivated by a conflict between the views. Metaphysical essentialism posits facts about essences. Metaphysical rationalism demands explanations for all facts. But facts about essences appear to resist explanation. I consider two solutions to the conflict. Exemption solutions attempt to exempt facts about essences from the demand for (...) explanation. Explanation solutions attempt to explain facts about essences. I argue that exemption solutions are less promising than explanation solutions. I then consider how explanation solutions might be developed. I suggest that a “generative” approach is most promising. I tentatively conclude that the prospects for combining metaphysical rationalism and metaphysical essentialism turn on the viability of a generative approach. This sets the agenda for defending the combination as well as the more general project of explaining essences. (shrink)

Although the fictional domain exhibits a prima facie freedom from real-world moral constraints, certain fictive imaginings seem to deserve moral criticism. Capturing both intuitions, this paper argues for double-standard moralism, the view that fictive imaginings are subject to different moral standards than their real-world counterparts. I show how no account has, thus far, offered compelling reasons to warrant the moral appropriateness of this discrepancy. I maintain that the normative discontinuity between fiction and the actual world is moderate, as opposed to (...) one that leaves fictive engagements wholly exempt from moral evaluations. I propose a way of addressing the gamer’s dilemma that is compatible with a moderate kind of discontinuity. Finally, I contend that the audience is justified in adopting deviant moral attitudes in fictional situations because their consequences largely differ from those that analogous real-world events would have. (shrink)

Duncan Pritchard recently proposed a Wittgensteinian solution to closure-based skepticism. According to Wittgenstein, all epistemic systems assume certain truths. The notions that we are not disembodied brains, that the Earth has existed for a long time and that one’s name is such-and-such all function as “hinge commitments.” Pritchard views a hinge commitment as a positive propositional attitude that is not a belief. Because closure principles concern only knowledge-apt beliefs, they do not apply to hinge commitments. Thus, from the fact that (...) a subject knows that he is sitting in a room, and the fact that the subject’s sitting in a room entails his bodily existence, it does not follow that the subject also knows that he is not an envatted brain. This paper rejects Pritchard’s non-belief reading of hinge commitments. I start by showing that the non-belief reading fails to solve the skeptical paradox because the reasons that Pritchard uses to support the non-belief reading do not exempt hinge propositions from closure principles. I then proceed to argue that the non-belief reading is false as it claims that hinge commitments, unlike ordinary beliefs, are rationally unresponsive—with the help of a scenario in which a subject’s experience is internally chaotic, we can safely conclude that the hinge commitment that one is not systematically mistaken about the world is equally responsive to one’s evidential situations. (shrink)

Mystical religious experiences typically purport to engage with the transcendent and often claim to involve encounters with spiritual entities or a detachment from the material world. Daoism diverges from this paradigm. This paper examines Daoist mystical experiences of bodily transformations and explores their epistemological implications. Specifically, we defend the justificatory power of Daoist somatic experiences against the disanalogy objection. The disanalogy objection posits that mystical experiences, in contrast to sense perceptions, are not socially verifiable and thereby lack prima facie epistemic (...) value. We argue that some Daoist mystical bodily states, being essentially spatiotemporal, are exempt from this challenge. This leads to a broader understanding of mysticism and offers a partial resolution to the disanalogy objection. (shrink)

In introducing the reactive attitudes “of people directly involved in transactions with each other,” P. F. Strawson lists “gratitude, resentment, forgiveness, love, and hurt feelings.” To show how our interpersonal emotional practices of responsibility could not be undermined by determinism’s truth, Strawson focused exclusively on resentment, specifically on its nature and actual excusing and exempting conditions. So have many other philosophers theorizing about responsibility in Strawson’s wake. This method and focus has generated a host of quality of will theories of (...) responsibility. What I show in this paper is that if Strawson—and his followers—had focused on hurt feelings instead of resentment, not only would quality of will theories of responsibility be disfavored, but none of our other theories of responsibility could adequately account for them. I conclude by exploring what a conundrum this poses for our methods and starting points in theorizing about responsibility. (shrink)

Artificial Intelligence (AI) systems are ubiquitous. From social media timelines, video recommendations on YouTube, and the kinds of adverts we see online, AI, in a very real sense, filters the world we see. More than that, AI is being embedded in agent-like systems, which might prompt certain reactions from users. Specifically, we might find ourselves feeling frustrated if these systems do not meet our expectations. In normal situations, this might be fine, but with the ever increasing sophistication of AI-systems, this (...) might become a problem. While it seems unproblematic to realize that being angry at your car for breaking down is unfitting, can the same be said for AI-systems? In this paper, therefore, I will investigate the so-called “reactive attitudes”, and their important link to our responsibility practices. I then show how within this framework there exist exemption and excuse conditions, and test whether our adopting the “objective attitude” toward agential AI is justified. I argue that such an attitude is appropriate in the context of three distinct senses of responsibility (answerability, attributability, and accountability), and that, therefore, AI-systems do not undermine our responsibility ascriptions. (shrink)

In De interpretatione 9, Aristotle argues against the fatalist view that if statements about future contingent singular events (e.g. ‘There will be a sea battle tomorrow,’ ‘There will not be a sea battle tomorrow’) are already true or false, then the events to which those statements refer will necessarily occur or necessarily not occur. Scholars have generally held that, to refute this argument, Aristotle allows that future contingent statements are exempt from either the principle of bivalence, or the law of (...) excluded middle. This paper offers a new interpretation of Aristotle’s refutation of fatalism. According to this interpretation, each member of a pair of contradictory future contingent statements, in virtue of expressing modal necessity, is simply false. (shrink)

This chapter begins by sketching an account of morally responsible agency and the general conditions under which it may fail. We discuss how far individuals with psychiatric diagnoses may be exempt from morally responsible agency in the way that infants are, with examples drawn from a sample of diagnoses intended to make dierent issues salient. We further discuss a recent proposal that clinicians may hold patients responsible without blaming them for their acts. We also consider cognitively impaired subjects in the (...) light of related issues in moral and political theory, asking whether they have been unjustly excluded from liberal conceptions of political community due to their presumed lack of agency. (shrink)

In response to three papers about sex and disability published in this journal, I offer a critique of existing arguments and a suggestion about how the debate should be reframed going forward. Jacob M. Appel argues that disabled individuals have a right to sex and should receive a special exemption to the general prohibition of prostitution. Ezio Di Nucci and Frej Klem Thomsen separately argue contra Appel that an appeal to sex rights cannot justify such an exemption. I argue that (...) Appel’s argument fails, but not for the reasons Di Nucci and Thomsen propose, as they have missed the most pressing objection to Appel’s argument: Appel falsely presumes that we never have good reasons to restrict someone’s sexual liberty rights. More importantly, there is a major flaw in the way that all three authors frame their positive accounts. They focus on disability as a proxy for sexual exclusion, when these categories should be pulled apart: some are sexually excluded who are not disabled, while some who are disabled are not sexually excluded. I conclude that it would be less socially harmful and more productive to focus directly on sexual exclusion per se rather than on disability as a proxy for sexual exclusion. (shrink)

Arguably, the original conception of epistemic justification comes from Descartes and Locke, who thought of justification deontologically. Moreover, their deontological conception was especially strict: there are no excuses for unjustified beliefs. Call this the “classical deontologist” conception of justification. As the original conception, we ought to accept it unless proven untenable. Nowadays, however, most have abandoned classical deontologism as precisely that—untenable. It stands accused of requiring doxastic voluntarism and normative transparency. My goal is to rescue classical deontologism from these accusations. (...) I show how, given a specific form of internalism coupled with a plausible theory of epistemic blame, we can be blameworthy for all of our (non-exempt) unjustified beliefs without transparency or voluntarism. The result is that the classical deontological conception of justification should regain its privileged status. (shrink)

The tension between the authority of states and the authority of international institutions is a persistent feature of international relations. Legitimacy assessments of international institutions play a crucial role in resolving such tensions. If an international institution exercises legitimate authority, it creates binding obligations for states. According to Raz’s well-known service conception, legitimate authority depends on the reasons for actions of those who are subject to it. Yet what are the practical reasons that should guide the actions of states? Can (...) states be bound by international institutions on all kinds of issues or are certain issues exempted because of sovereignty considerations? This paper argues that self-regarding reasons cannot ground political authority with the respective demand for compliance. Since reasons for states concern individuals both inside and outside of their jurisdiction and other state peoples, self-regarding reasons for states, which form a domain of personal pursuits or sovereign decisions, are highly restricted. (shrink)

This study contributes to the limited literature on VAT’s impact on student populations by assessing the financial strain on university students in Oman. The research provides novel insights into policymaking, suggesting VAT exemptions for essential educational goods and proposing financial literacy programs for mitigating the adverse effects of VAT which employs chi-square tests and regression analysis to quantify the financial effects of VAT on students' purchasing behavior, revealing that VAT negatively impacts purchasing power with a statistically significant p-value (< (...) 0.05). The findings highlight substantial financial strain on students, particularly those in lower-income brackets, prompting policy recommendations for VAT exemptions on essential educational goods and the inclusion of financial literacy programs aimed at helping students mitigate the tax's adverse effects. This study evaluates the financial implications of the Value Added Tax (VAT) introduced in Oman in 2021, focusing on its impact on consumer behavior among university students at A’sharqiyah University. Utilizing a quantitative methodology, including chi-square tests and regression analysis, and a sample of 53 students, the research investigates the effects of VAT on purchasing power and consumption patterns. The findings demonstrate a significant disruption to students' financial capacity, with the majority reporting challenges in affording essential educational materials. By contributing to the limited body of literature on VAT’s effects on low-income populations, this study provides valuable insights into how students rationalize their consumption and cope with increased financial strain. Policy recommendations include VAT exemptions for educational goods and the implementation of comprehensive financial literacy programs to help vulnerable groups manage the tax's adverse effects. (shrink)

A fundamental tension exists between Rawls's ideal Kantian conception of justice as fairness (JAF), which requires respecting people as ends, and his realistic non-Kantian consequentialist conception of a supreme emergency in a just war. By justifying the targeting of objectively innocent noncombatants during a supreme emergency exception, Rawls allows for treating them as means only. Hence, his appeal to a supreme emergency is insufficient to avoid this tension. First, since for him JAF is ideal but also practical, one might argue (...) that his fictional people in the original position must reflect on the justification for using force on behalf of JAF. And second, since Rawls justifies targeting objectively innocent people during a supreme emergency exemption, he justifies what one might conceive of as emergency terrorism. Emergency terrorism, however, treats people as means only. Therefore, Rawls's Kantian conception of JAF is in tension with his consequentialist justification of a supreme emergency in a just war and hence with emergency terrorism. (shrink)

It is very well known that from the late-1960s onwards Feyerabend began to radically challenge some deeply-held ideas about the history and methodology of the sciences. It is equally well known that, from around the same period, he also began to radically challenge wider claims about the value and place of the sciences within modern societies, for instance by calling for the separation of science and the state and by questioning the idea that the sciences served to liberate and ameliorate (...) human societies. But what is less known is how, if at all, these two sets of challenges were connected, and why Feyerabend felt it important to raise them at all. In this chapter, my aim is to explore these issues by considering why Feyerabend used radical strategies to challenge the authority of science, and what purpose, if any, they were supposed to serve. Why, for instance, did Feyerabend defend alternative medicine, psychical abilities, astrology, magic and witchcraft and why did he argue that ‘Western science’ is complicit in environmental destruction, intellectual imperialism, social oppression, and spiritual destitution. Located in their historical and political context, such defences and arguments seem peculiar, not least because science was recognised not only as a central site of the intellectual and ideological competition between the West and the Soviet Union, but also because Western victory in that site was considered inevitable. What, then, did Feyerabend think he was trying to achieve by raising radical challenges to a central component of the cultural and intellectual prestige of the Western world grounded in appeals to practices and traditions which most would regard as eccentric at best and absurd at worst? My suggestion is that Feyerabend was making a subtler point than one might suppose. For the purpose of these radical challenges was to determine if the members of Western societies would in fact honour the epistemic standards – of tolerance, critical enquiry – which were identified as being characteristic of science and definitive of the social and political values of Western liberal democracy. I suggest that Feyerabend was trying to demonstrate that scientists were, too often, guilty of the same intolerant and dogmatic attitudes which were, according to prevailing propaganda, the property of illiberal totalitarian societies. Science does not reflect the superior epistemic and political values of Western societies but are, in fact, reflective of the same vices ascribed to the Soviet Union. If that is the case, then the sciences are not symbols of our epistemic and political values, but quite the reverse, hence Feyerabend’s talk of the ‘dogmatic’, ‘totalitarian’, ‘ratiofascist’ nature of modern science. But there is a positive upshot to Feyerabend’s challenge. For even if the sciences do not yet reflect the epistemic and political values of liberal democratic Western societies, they might yet be reformed so that they are. And there is a parallel between Feyerabend’s strategy and that of many of the other radicals of the time – student activists, environmentalists, and pacifists – namely to test the commitment to tolerance and deliberative debate of the establishment by asking it to seriously engage with ideas and convictions opposed to its own. For both science and society can become ‘tyrannical’ through the same means: by exempting themselves from critical scrutiny, by promoting self-serving ‘myths’ about themselves, and by derogating and excluding alternatives, including the ‘outsider’ perspectives they offer. The chapter concludes by suggesting that Feyerabend is distinctive in virtue of his willingness to offer radical criticisms of the authority of science such that it can fulfil its legitimate ideological role – namely, of symbolising and instantiating our core epistemic and political values – such that we can offer a sincere and meaningful answer to Feyerabend’s question ‘what’s so great about science?’. (shrink)

This essay presents a point of view for looking at `free will', with the purpose of interpreting where exactly the freedom lies. For, freedom is what we mean by it. It compares the exercise of free will with the making of inferences, which usually is predominantly inductive in nature. The making of inference and the exercise of free will, both draw upon psychological resources that define our ‘selves’. I examine the constitution of the self of an individual, especially the involvement (...) of personal beliefs, personal memories, affects, emotions, and the hugely important psychological value-system, all of which distinguish the self of one individual from that of another. The foundational position that adopted in this essay is that all psychological processes are correlated with corresponding ones involving large scale neural aggregates in the brain, communicating with one another through wavelike modes of excitation and de-excitation. Of central relevance is the value-network around which the affect system is organized, the latter, in turn, being the axis around which is assembled the self, with all its emotional correlates. The self is a complex system. I include a brief outline of what complexity consists of. In reality all systems are complex, for complexity is ubiquitous, and certain parts of nature appear to us to be ‘simple’ only in certain specific contexts. It is in this background that the issue of determinism is viewed in this essay. Instead of looking at determinism as a grand principle entrenched in nature independent of our interpretation of it, I look at our ability to explain and to predict events and phenomena around us, which is made possible by the existence of causal links running in a complex course that set up correlations between diverse parts of nature, in this way putting the stamp of necessity on these events. However, the complexity of systems limits our ability to explain and to predict to within certain horizons defined by contexts. Our ability to explain and predict in matters relating to acts of free will is similarly limited by the operations of the self that remain hidden from our own awareness. The aspects of necessity and determinism appear to us in the form of reason and rationality that explain and predict only within a limited horizon, while the rest depends on the complex operation of self-linked psychological resources, where the latter appear as contingent in the context of the exercise of free will. The hallmark of complex systems is the existence of amplifying factors that operate as destabilizing ones, along with inhibiting or stabilizing factors as well that generally limit the destabilizing influences to local occurrences, while preserving the global integrity of a system. This complex interplay of destabilizing and stabilizing influences lead to the possibility of an enormous number of distinct modes of behavior that appear as emergent phenomena in complex systems. Looking at the particular case of the self of an individual that guide her actions and thoughts, it is the operation of our emotions, built around the psychological value-system, that provide for the amplifying and inhibiting factors mentioned above. The operation of these self-linked factors stamps our actions and thoughts as contingent ones that do not fit with our concepts of reason and rationality. And this is what provides the basis of our idea of free will. Free will is not ‘free’ in virtue of exemption from causal links running through all our self-based processes - ones that remain hidden from our awareness, but is free of what is perceived to be ‘reason and rationality’ based on knowledge and the common pool of beliefs and principles associated with a shared world-view. When we speak of the choice involved in an act of exercise of free will what we actually refer to is the commonly observed fact that various different individuals of a similar disposition respond differently when placed under similar circumstances. In other words, free will is ‘free’ precisely because it is not subject to constraints of a commonly accepted and shared set of principles, beliefs, and values. While it is possible that, in an exercise of free will, the self-linked psychological resources are brought into action when a number of alternatives are presented to the self by the operation of the ingredients of a commonly shared world-view, it seems likely that, that set of alternatives is not of primary relevance in the final response that the mind produces, since the latter is primarily a product of the operation of the self-based psychological resources. What is of greater relevance here is the operation of emotion-driven processes, guided by the psychological value-system based on the activity of the so-called reward-punishment network in the brain. These processes lead the individual to a response that appears to be free from the shackles of determinism precisely because their mechanisms, which are hidden from us, do not conform to commonly accepted and shared rules and principles. In contrast, inductive inference is a process that is based on the ‘cognitive face’ of self, where the self-based psychological resources play a supportive role to the commonly shared world-view of an individual. There is never any freedom from the all-pervading causal links representing correlations among all objects, entities, and events in nature. In the midst of all this, the closest thing to freedom that we can have in our life comes with self-examination and self-improvement. The possibility of self-examination appears in the form of specific conjunctions between our complex self-processes and the ceaseless changes of scenario in our external world. This actually makes the emergent phenomenon of self-examination a matter of chance, but one that keeps on appearing again and again in our life. Once realized, self examination creates possibilities that would not be there in the absence of it, and these possibilities include the enhancement of further self-enrichment and further diversity in the exercise of our free will. (shrink)

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At the United Nations climate change conference in 2011, parties decided to launch the “Durban Platform” to work towards a new long-term climate agreement. The decision was notable for the absence of any reference to “equity”, a prominent principle in all previous major climate agreements. Wealthy countries resisted the inclusion of equity on the grounds that the term had become too closely yoked to developing countries’ favored conception of equity. This conception, according to wealthy countries, exempts developing countries from making (...) commitments that are stringent enough for the collective effort needed to avoid dangerous climate change. In circumstances where even mentioning the term equity has become problematic, a critical question is whether scope for a fair agreement is being squeezed out of negotiations. To address this question we set out a conceptual framework for normative theorizing about fairness in international negotiations, accompanied by a set of minimal standards of fairness and plausible feasibility constraints for sharing the global climate change mitigation effort. We argue that a fair and feasible agreement may be reached by (i) reforming the current binary approach to differentiating developed and developing country groups, in tandem with (ii) introducing a more principled approach to differentiating the mitigation commitments of individual countries. These two priorities may provide the basis for a principled bargain between developed and developing countries that safeguards the opportunity to avoid dangerous climate change without sacrificing widely acceptable conceptions of equity. (shrink)