Law and Morality at War offers a broadly instrumentalist defense of the authority of the laws of war: these laws serve combatants by helping them come closer to doing what they have independent moral reason to do. We argue that this form of justification sets too low a bar. An authority’s directives are not binding, on instrumental grounds, if the subject could, within certain limits, adopt an alternative, and superior, means of conforming to morality’s demands. It emerges that (...) Haque’s argument fails to vindicate the law’s authority over all combatants. (shrink)

A basic conviction in moral non-cognitivism is: only hypothetical norms may be justified. Hartmut Kliemt argues for a moderate variant: there are only hypothetical justifications of norms whether the norms are hypothetical or categorical in kind. In this paper the con- cept of ‘hypothetical justification’ is analyzed. It is argued that hypothetical justifications are not of the kind that we should look for in normative ethics.

This essay defends the claim that endogenous attention is necessary for the justification of perceptual beliefs. I criticize the so-called phenomenal approach, according to which perceptual experiences provide justification in virtue of being phenomenally conscious. I specifically target Siegel and Silins’ (2014 ; 2019) version of the phenomenal approach. As against their view, I claim that perceptual justification cannot be understood without reference to the cognitive mechanisms which underlie the mobilization of reasons in support of propositional attitudes (...) – attention being instrumental to those very mechanisms. Relying on the distinction between propositional and doxastic justification, I first criticize the alleged cases of justification in the absence of attention before elaborating a two-stage argument in favor of the necessity of attention for perceptual justification. In the first stage, I contend that the functional role of endogenous attention makes it a necessary condition for doxastic justification. In the second stage, by relying on Turri’s (2010) analysis, I establish that propositional justification itself necessitates attention. (shrink)

I want to examine critically a certain strategy of moral justification which I shall call instrumentalism. By this I mean the view that a moral theory is rationally justified if the actions, life-plan, or set of social arrangements it prescribes can be shown to be the best means to the achievement of an agent's final ends, whatever these may be. Instrumentalism presupposes a commitment to what I shall call the Humean conception of the self. By this I mean a (...) certain way of conceiving the motivational and structural constituents of the self. Briefly, the self on this conception is motivated by its desires for states of affairs that are temporally or spatiotemporally external to the self. And it is structured by the normative requirements of instrumental rationality: The self is conceived as rationally coherent to the extent that theoretical reason calculates and schedules the satisfaction of as many of its desires as possible, with the minimum necessary costs. The motivational and structural elements of the Humean conception of the self combine to form a familiar explanatory model of human agency: We make sense of an agent's behavior by ascribing to her the desire to achieve the ends that she does in fact achieve, and the theoretically rational belief that, given the information and resources available to her, behaving as she did was the most efficient way to do so. I shall want to argue that to the extent that instrumentalism is successful in providing an objective justification of a moral theory - and I shall contend that it cannot be completely successful - it cannot provide a moral justification. But when we attempt to modify it so as to produce a specifically moral justification, we see that either it is impossible to do this, or else the Humean notion of instrumental rationality is doing no justificatory work. (shrink)

Cet article a deux objectifs. Le premier est de montrer pourquoi l’argument instrumental en faveur de la démocratie est insuffisant pour justifier la délibération politique. Si notre but est l’optimisation du potentiel épistémique d’un régime politique, et que des approches agrégatives et inférentielles (sans délibération) atteignent cet objectif, alors nous ne pouvons plus justifier la délibération sur cette base. Ce problème peut être contourné en reprenant une distinction de Daniel Andler. Pour ce dernier, le groupe délibératif se distingue du (...) groupe agrégatif parce qu’il permet aux agents, par une occasion éducative informelle, de se responsabiliser. La délibération présente donc un potentiel épistémique supérieur, mais qui ne se limite pas à identifier la meilleure réponse dans un temps donné. Le second objectif de l’article est de montrer comme l’argument d’Andler fait le pont entre, d’une part, les théories de la justification publique et, d’autre part, les théories de la démocratie épistémique. (shrink)

I want to examine the implications of a metaphysical thesis which is presupposed in various objections to Rawls' theory of justice.Although their criticisms differ in many respects, they concur in employing what I shall refer to as the continuity thesis. This consists of the following claims conjointly: (1) The parties in the original position (henceforth the OP) are, and know themselves to be, fully mature persons who will be among the members of the well-ordered society (henceforth the WOS) which is (...) generated by their choice of principles of justice. (2) The OP is a conscious event among others, integrated (compatibly with the constraints on knowledge and motivation imposed on the parties) into the regular continuity of experience that comprises each of their ongoing constitutes lives. (3) The parties in the OP thus are, and regard themselves as, psychologically continuing persons, partially determined in personality and interests by prior experiences, capable of recollection and regret concerning the past, anticipation and apprehensiveness regarding the future, and so on. Although the continuity thesis as stated above is not at odds with any of the conditions that define the OP, its exegetical validity is a matter for discussion. I shall be concerned to argue that if it is indeed contained in or a consequence of Rawls' theory, then it casts into doubt the capacity of the OP to generate or justify any principles of justice at all. On the other hand, if the continuity thesis is viewed as dispensable and unnecessary to the Rawlsian enterprise, then Rawls is correct in maintaining the irrelevance of the question of personal identity to the construction of his moral theory. In this case, the contract-theoretic, instrumentalist justification for the two principles of justice (henceforth the 2PJ) needs to be supplanted by a modified conception of wide reflective equilibrium. The considerations that form the bulk of this discussion then may be understood as providing a rationale for Rawls' recent revisions in the model of justification on which his theory of justice rests, and for his increasing emphasis on us as moral mediators between the OP and the WOS. Now I want to consider the question of whether or not, given the textual evidence, anything like the continuity thesis is stated or implied by Rawls, and what problems for his theory, if any, turn on a positive or negative answer to this question. -/- . (shrink)

To the normal reasons that we think can justify one in preferring something, x (namely, that x has objectively preferable properties, or has properties that one prefers things to have, or that x's obtaining would advance one's preferences), I argue that it can be a justifying reason to prefer x that one's very preferring of x would advance one's preferences. Here, one prefers x not because of the properties of x, but because of the properties of one's having the preference (...) for x. So-revising one's preferences is rational in paradoxical choice situations like Kavka's Deterrence Paradox. I then try to meet the following objections: that this is stoicist, incoherent, bad faith; that it conflates instrumental and intrinsic value, gives wrong solutions to the problems presented by paradoxical choice situations, entails vicious regresses of value justification, falsifies value realism, makes valuing x unresponsive to x's properties, causes value conflict, conflicts with other standards of rationality, violates decision theory, counsels immorality, makes moral paradox, treats value change as voluntary, conflates first- and second-order values, is psychologically unrealistic, and wrongly presumes that paradoxical choice situations can even occur. (shrink)

This study aimed to understand how secondary mathematics teachers engage with learners during the teaching and learning process. A sample of six participants was purposively selected from a population of ordinary level mathematics teachers in one urban setting in Zimbabwe. Field notes from lesson observations and audio-taped teachers’ narrations from interviews constituted data for the study to which thematic analysis technique was then applied to determine levels of mathematical intimacy and integrity displayed by the teachers as they interacted with the (...) students. The study revealed some inadequacies in the manner in which the teachers handled students’ responses as they strive to promote justification skills during problem solving, in particular teachers did not ask students to explain wrong answers. The teachers indicated that they did not have sufficient time to engage learners in authentic problem-solving activities since they would be rushing to complete syllabus for examination purposes. On the basis of these findings, we suggest teachers to appreciate the need to pay special attention to the kinds of responses given by learners during problem-solving in order to promote justification skills among learners. (shrink)

Religious believers claim their religions are peaceful and genuine believers are peacekeepers and peacemakers. In substantiating justification to their claim, they very often refer to religious scriptures. Yet, on the contrary, their claim is confronted by an opposite claim: many wars were fought and are being fought in the name of religion; and a great deal of violence can be ascribed to the religious believers. In addition, religious scriptures and history of religions do attest, to a certain extent, permissibility (...) of using physical offence or defence. As a result, a question arises: Is the violence credited to religious believers, due to religions? Or is it because of certain secular causes in which religious texts get invoked very often? In responding to the question, the study relied on the theoretical criticism and justification. The study argued that religions, considering their historical inception, are fundamentally aimed at attaining holistic peace for their immediate subjects and subsequent followers, both spirituallyand physically. The study by referring to major religions of the world generally and Islam particularly, argued that in contributing to build global peace, religious believers can plausibly turn to primary peaceful intentions of the religions, if they are provided with a feasible atmosphere. (shrink)

Several theorists have defended that unpleasantness can be explained by appealing to (intrinsic, simultaneous, de re) desires for certain experiences not to be occurring. In a nutshell, experiences are unpleasant because we do not want them, and not vice versa. A common criticism for this approach takes the form of a Euthyphro dilemma. Even if there is a solution for this criticism, I argue that this type of approach is limited in two important ways. It cannot provide an explanation for: (...) i) the motivation, from a psychological conscious point of view, nor ii) a non-instrumental justification, for having the relevant desires. The lack of these explanations is relevant since these are precisely the type clarifications that we would expect from a theory about unpleasantness. (shrink)

This article discusses Harvey Siegel’s general justification of the epistemological theory of argumentation in his seminal essay “Arguing with Arguments." On the one hand, the achievements of this essay are honoured—in particular, a thorough differentiation of the different meanings of ‘argument’ and ‘argumentation,’ the semantic justification of the fundamentality of arguments as sequences of propositions, and the detailed critiques of alternative theories of argumentation. On the other hand, suggestions for strengthening the theory are added to Siegel's expositions, which (...) make different perspectives within the epistemological theory of argumentation recognisable. (shrink)

This article discusses Harvey Siegel’s general justification of the epistemological theory of argumentation in his seminal essay “Arguing with Arguments." On the one hand, the achievements of this essay are honoured—in particular, a thorough differentiation of the different meanings of ‘argument’ and ‘argumentation,’ the semantic justification of the fundamentality of arguments as sequences of propositions, and the detailed critiques of alternative theories of argumentation. On the other hand, suggestions for strengthening the theory are added to Siegel's expositions, which (...) make different perspectives within the epistemological theory of argumentation recognisable. (shrink)

Emissions grandfathering maintains that prior emissions increase future emission entitlements. The view forms a large part of actual emission control frameworks, but is routinely dismissed by political theorists and applied philosophers as evidently unjust. A sympathetic theoretical reconsideration of grandfathering suggests that the most plausible version is moderate, allowing that other considerations should influence emission entitlements, and be justified on instrumental grounds. The most promising instrumental justification defends moderate grandfathering on the basis that one extra unit of (...) emission entitlements from a baseline of zero emissions increases welfare to a greater extent where it is assigned to a high emitter than where it is assigned to a low emitter. Moderate grandfathering can be combined with basic needs and ability to pay considerations to provide an attractive approach to allocating emission entitlements. (shrink)

Procedural justifications of democracy emphasize inclusiveness and respect and by doing so come into conflict with instrumental justifications that depend on voters’ competence. This conflict raises questions about jury theorems and makes their standing in democratic theory contested. We show that a type of no-regret learning called meta-induction can help to satisfy the competence assumption without excluding voters or diverse opinion leaders on an a priori basis. Meta-induction assigns weights to opinion leaders based on their past predictive performance to (...) determine the level of their inclusion in recommendations for voters. The weighting minimizes the difference between the performance of meta-induction and the best opinion leader in hindsight. The difference represents the regret of meta-induction whose minimization ensures that the recommendations are optimal in supporting voters’ competence. Meta-induction has optimal truth-tracking properties that support voters’ competence even if it is targeted by mis/disinformation and should be considered a tool for supporting democracy in hyper-plurality. (shrink)

The longstanding tension between the procedural and instrumental justification of democracy has been challenged by the theories that try to combine both approaches. These theories portray epistemic features of democracy in an instrumental framework and then try to reconcile them with procedural values. In this paper, I argue that it is possible to incorporate an epistemic dimension into a justification of democracy, without resorting to instrumentalism. On the view that I advance, Peircean epistemology, when combined with (...) intrinsically valued epistemic virtues, constitutes a purely procedural argument for democracy. (shrink)

In this article I argue that the value of epistemic justification cannot be adequately explained as being instrumental to truth. I intend to show that false belief, which is no means to truth, can nevertheless still be of epistemic value. This in turn will make a good prima facie case that justification is valuable for its own sake. If this is right, we will have also found reason to think that truth value monism is false: assuming that (...) true belief does have value, there is more of final epistemic value than mere true belief. (shrink)

Neuro-ethics is probablу fastest growing part of applied ethics. The main thesis is that certain natural processes in brain and nerves produce certain moral, and immoral, behaviors. All these processes can be explained causally, and (if this is so) neuro-ethics might be the final result of neuroscience. There are some metaphysical and ethical pitfalls to be considered, however, like the (incorrect) conflation of causal explanation and rational justification in defining values, not only non-moral values but moral values as well. (...) Certainly, the knowledge of how neurological processes function could help to enhance the quality of human life, not only in coping with defects but also in improving the so-called "normal life." This implies that neuroethics is instrumental, dealing with values which are instrumental as well. However, neuroethics, it seems, aspires to go further than that: to explain how goals come into existence and what their articulation should look like. All of this should be causally explained, or at least explainable; and the main focus of the paper is an analysis of this aspiration. The analysis refers to some important distinctions like the distinction between causes and reasons, explanation and justification, or the one between means and ends. At the end of the paper there is a section about applications, where some of the benefits and risks are summarily indicated, with a conclusion that neuroethics surely might help in advancing the overall quality of human life, individual and social. (shrink)

This chapter explores the idea that phylogenetic diversity plays a unique role in underpinning conservation endeavour. The conservation of biodiversity is suffering from a rapid, unguided proliferation of metrics. Confusion is caused by the wide variety of contexts in which we make use of the idea of biodiversity. Characterisations of biodiversity range from all-variety-at-all-levels down to variety with respect to single variables relevant to very specific conservation contexts. Accepting biodiversity as the sum of a large number of individual measures results (...) in an empirically intractable framework. However, large-scale decisions cannot be based on biodiversity variables inferred from local conservation imperatives because the variables relevant to the many systems being compared would be incommensurate with one another. We therefore need some general conception of biodiversity that would make tractable such large-scale environmental decision-marking. We categorise the large array of strategies for the measurement of biodiversity into four broad groups for consideration as general measures of biodiversity. We compare common moral justifications for the conservation of biodiversity and conclude that some form of instrumental value is the most plausible justification for biodiversity conservation. Although this is often interpreted as a reliance on option value, we opt for a broadly consequentialist characterisation of biodiversity conservation. We conclude that the best justified general measure of biodiversity will be some form of phylogenetic diversity. (shrink)

Does consciousness have non-instrumental aesthetic value? This paper answers this question affirmatively by arguing that consciousness is sublime. The argument consists of three premises. (1) An awe experience of an object provides prima facie justification to believe that the object is sublime. (2) I have an awe experience about consciousness through introspecting three features of consciousness, namely the mystery of consciousness, the connection between consciousness and well-being, and the phenomenological complexity of consciousness. (3) There is no good defeater (...) of the justificatory force of my feeling of awe for the sublime of consciousness. To defend the third premise, I argue against two potential defeaters: The first is that most people do not regard consciousness as sublime. The second is that there do not seem to be physical properties that can ground the sublimity of consciousness. I conclude by emphasizing an important ethical implication of the thesis that consciousness is sublime, namely that it explains why even conscious subjects who cannot have valenced experiences deserve moral consideration. (shrink)

This paper examines the justice of unconditional basic income (UBI) through the lens of the Hegel-inspired recognition-theory of justice. As explained in the first part of the paper, this theory takes everyday social roles to be the primary subject-matter of the theory of justice, and it takes justice in these roles to be a matter of the kind of freedom that is available through their performance, namely ‘social’ freedom. The paper then identifies the key criteria of social freedom. The extent (...) to which the introduction of an UBI would meet these criteria is then examined, with a focus on the social role that stands to be most affected by an UBI, namely that of the worker-earner. It is argued that while an UBI is likely to be only partially effective as an instrument of specifically social freedom, its main justification lies not here, but in securing a basis for the subjective freedom that social freedom presupposes. (shrink)

Democratic theorists often distinguish between two views of democratic procedures. ‘Outcomes theorists’ emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, ‘proceduralists’ emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that recognizes a commitment (...) to both intrinsically valuable democratic procedures and democratic outcomes. In instances in which there is a conflict between these two commitments, I suggest they must be balanced. This balancing approach offers a justification of judicial review on the grounds that it potentially limits outcomes that undermine democracy. But judicial review is not justifiable in any instance in which a bad democratic outcome results from democratic procedures. When the loss that would result from overturning a democratic procedure is greater than the gain to democracy that would result from ensuring against an undemocratic outcome; judicial review is not justifiable. Loss or gain to democracy is defined by the negative or positive impact of each action on the core democratic values of equality and autonomy, aspects of the democratic ideal. Even when judicial review is justified, the fact that it overturns intrinsically valuable procedures suggests that such review is never ideal from the standpoint of democracy. (shrink)

For the more than a decade, I have advanced an account of what makes persons, animals, and other beings entitled to moral treatment for their own sake that is informed by characteristically African ideas about dignity, a great chain of being, and community. Roughly according to this account, a being has a greater moral status, the more it is capable of communing (as a subject) or of us communing with it (as an object). I have mainly argued that this characteristically (...) African and relational approach to moral status is a better account than salient Western approaches, especially individualist views associated with utilitarianism and Kantianism. Over the years, several commentators have raised criticisms of my approach, including that it objectionably: entails that we may rightly dominate mentally incapacitated human beings; prioritizes mentally incapacitated human beings over animals with similar cognitive abilities without sufficient justification; entails that intelligent aliens lack moral status; cannot make sense of our duties towards the dead; and is unable to account for the standing of species as distinct from their members. In this chapter I provide a comprehensive response to these and related objections, defending the initial account as an attractive way to understand what makes a being matter morally for non-instrumental reasons. (shrink)

Subjects who retain their beliefs in the face of higher-order evidence that those very beliefs are outputs of flawed cognitive processes are at least very often criticisable. Many think that this is because such higher-order evidence defeats various epistemic statuses such as justification and knowledge, but it is notoriously difficult to give an account of such defeat. This paper outlines an alternative explanation, stemming from some of my earlier work, for why subjects are criticisable for retaining beliefs in the (...) face of paradigm kinds of putatively defeating higher-order evidence: they manifest dispositions that are bad relative to a range of candidate epistemic successes such as true belief and knowledge. In particular, giving up belief in response to higher-order evidence only when that evidence is not misleading would require subjects to have dispositions that discriminate between cases in which their original cognitive processes is fine, and cases in which they merely seemed to be fine. But, I argue, such dispositions are not normally humanly feasible. I show that retaining belief in putative cases of defeat by higher-order evidence is problematic irrespective of whether veritism or some form of gnosticism is true. In the end I contrast my account of dispositional evaluations with similar-sounding ideas that have been put forth in the literature, such as consequentialist views that focus on instrumental means to success. (shrink)

The past is deeply important to many of us. But our concern about history can seem puzzling and needs justification. After all, the past cannot be changed: we can help the living needy, but the tears we shed for the long dead victims of past tragedies help no one. Attempts to justify our concern about history typically take one of two opposing forms. It is assumed either that such concern must be justified in instrumental or otherwise self-centered and (...) present-centered terms or that our interest in history must be utterly disinterested and pursued for its own sake. But neither approach can fully explain, or justify, our concern about the past. I propose a third approach, on which the past matters because it contains much that is of value—all those past people and the things they did or had endured—and this value calls for our fitting response. In short: the significance of the past is past significance. (shrink)

In this paper, I articulate and discuss Clifford's two main arguments in favor of the norm that it is illegitimate to believe based on insufficient evidence. The first argument appeals to the instrumental value of belief, and the second one appeals to our intrinsic interest in the truth. Both arguments bring to the fore the relevance of moral and social factors to determine norms for belief. I sustain that the first argument is insufficient to establish Clifford's norm in general. (...) Beliefs that are not a mean to an action fall outside the scope of the first argument. The second argument has a wider scope. However, it can be undermined if the agent follows an intellectualized norm that aims to protect the rest of her cognitive and active life from her unjustified beliefs. It’s an empirical matter whether a human agent is able to follow this norm. I defend that Clifford’s norm should be reformulated, including some parameters that have influence on the sufficiency of evidence. Finally, prudential and moral factors can affect the legitimacy of belief. It’s legitimate to believe without sufficient evidence only in special cases, when the agent insulates the unjustified belief, or when the good that results from believing surpasses the harms yielded by credulity. (shrink)

The standard of proof in criminal trials in many liberal democracies is proof beyond a reasonable doubt, the BARD standard. It is customary to describe it, when putting a number on it, as requiring that the fact finder be at least 90% certain, after considering the evidence, that the defendant is guilty. Strikingly, no good reason has yet been offered in defense of using that standard. A number of non-consequentialist justifications that aim to support an even higher standard have been (...) offered; all are morally unsound. Meanwhile, consequentialist arguments plausibly support a substantially lower standard — in some cases so low as to undermine the idea that punishment is what is at stake. In this paper, I offer a new retributive justification that supports excluding the instrumental benefits of punishment from the balance that sets the standard. The resulting balance supports a standard arguably in the ballpark of the customary understanding of BARD: a standard requiring that the fact finder have a high, though not maximally high, degree of confidence that the defendant is guilty. (shrink)

-/- This essay discusses the relation between ideal theory and two forms of political moralism identified by Bernard Williams, structural and enactment views. It argues that ideal theory, at least in the sense Rawls used that term, only makes sense for structural forms of moralism. These theories see their task as describing the constraints that properly apply to political agents and institutions. As a result, they are primarily concerned with norms that govern action. In contrast, many critiques of ideal theory (...) are structured and motivated by their commitment to an enactment model of political theorizing. This instead sees political agents and institutions as instruments for producing or promoting better states of affairs. Enactment models treat the evaluations that rank different states of affairs as justificatorily basic, rather than norms governing action on which structural models focus. This reveals an important feature of debates about ideal theory. Whether ideal theory is capable of appropriately guiding action will depend on what the criteria for appropriately guiding action are, about which different theorists have importantly different views. For example, some popular strategies for defending ideal theory fail, while it may be much less clear that some alternatives to ideal theory can provide action guidance than their advocates claim. (shrink)

What is a valid measuring instrument? Recent philosophy has attended to logic of justification of measures, such as construct validation, but not to the question of what it means for an instrument to be a valid measure of a construct. A prominent approach grounds validity in the existence of a causal link between the attribute and its detectable manifestations. Some of its proponents claim that, therefore, validity does not depend on pragmatics and research context. In this paper, I cast (...) doubt on the possibility of a context-independent causal account of validity. I assess several versions, arguing that all of them fail to judge the validity of measuring instruments correctly. Because different research purposes require different properties from measuring instruments, no account of validity succeeds without referring to the specific research purpose that creates the need for measurement in the first place. (shrink)

While suicide is typically associated with personal despair, people do sometimes kill themselves in the hope or expectation that their death will advance a political cause by way of its impact on the conscience of others, or in extreme cases simply as an expression of protest against a status quo felt to be unjust. Paradigm cases of such protest suicide may be public acts of self-immolation. This chapter distinguishes between instrumental and expressive protest suicide, examines the possible motivations behind (...) them, their possible moral justification, and their potential contribution to the meaning of the suicide’s life. It argues that when the value of the aim pursued by way of instrumental suicide is proportionate, killing oneself promotes it sufficiently, and other morally acceptable options are exhausted, instrumental protest suicide can be morally permissible and consistent with human dignity. It can even be an admirable act of self-sacrifice, provided that the agent’s motivations are suitable. Some of the standard moral objections to suicide don’t apply to such cases. But protest suicide remains morally risky, because one might be mistaken about the worth of one’s cause or the availability of alternatives, and because even these extreme acts typically have limited effect. (shrink)

The Earth is positioned at the center of the universe in the Ptolemaic model of the universe. The center of the Earth is at the same time the center of the universe in this model. This system, which was constructed according to Aristotelian physics, was accepted as the prevailing theory up to the adoption of the heliocentric universal model in the 16th century. The Earth was at the same time assumed to be completely stationary in the geocentric theory. Movement around (...) its own axis or around another celestial body was out of the question for it. In Antiquity and the Middle Ages when observational instruments like the telescope were not yet in use, this theory was seen to be rationally based on data obtained directly from the senses. In this context, various justifications had been provided about the world being stationary and existing at the center. Representatives from the Peripatetic philosophy in the Muslim world also were seen to accept the geocentric model. In The Book of Healing, Ibn Sīnā (d. 1038 CE) subjected the proofs that had come to him about the Earth being stationary by distinguishing an independent chapter. The 14th century follower of Ibn Sīnā’s philosophy, Najm al-Dīn al-Kātibī addressed this topic in Ḥikmat al-‘ain, and the work’s principle commentators also commented on his assessments. This study will address Ibn Sīnā’s assessments on the Earth being stationary in the geocentric model of the universe and will discuss the reflections of these assessments in Ḥikmat al-‘ain as an Avicennan text. (shrink)

In this paper I argue that equal respect-based accounts of the normative basis of tolerance are self-defeating, insofar as they are unable to specify the limits of tolerance in a way that is consistent with their own commitment to the equal treatment of all conceptions of the good. I show how this argument is a variant of the long-standing ‘conflict of freedoms’ objection to Kantian-inspired, freedom-based accounts of the justification of systems of norms. I criticize Thomas Scanlon’s defence of (...) ‘pure tolerance’, Anna Elisabetta Galeotti’s work on the relationship between tolerance, equal respect and recognition, and Arthur Ripstein’s recent response to the ‘conflict of freedoms’ objection. The upshot of my argument is that, while valuing tolerance for its own sake may be an appealing ideal, it is not a feasible way of grounding a system of norms. I close with a thumbnail sketch of two alternative, instrumental (i.e. non-Kantian) approaches to the normative foundations of tolerance. (shrink)

In Liberalism’s religion, Laborde defends a liberal egalitarian position and tackles, from a new perspective, some issues dealt with in his republican writings. This article examines some of these issues, paying attention to the place that the recognition of identities occupies both in her republican and in her liberal theories, as well as the type of justification advanced in both cases. The article shows that the recognition of identities has gone from having a peripheral and instrumental role in (...) her republican writings to having a central role in her liberal theory. (shrink)

The institution of the family and its importance have recently received considerable attention from political theorists. Leading views maintain that the institution’s justification is grounded, at least in part, in the non-instrumental value of the parent-child relationship itself. Such views face the challenge of identifying a specific good in the parent-child relationship that can account for how adults acquire parental rights over a particular child—as opposed to general parental rights, which need not warrant a claim to parent one’s (...) biological progeny. I develop a view that meets this challenge. This Project View identifies the pursuit of a parental project as a distinctive non-instrumentally valuable good that provides a justification for the family and whose pursuit is necessary and sufficient for the acquisition of parental rights. This view grounds moral parenthood in a normative relation as opposed to a biological one, supports polyadic forms of parenting, and provides plausible guidance in cases of assisted reproduction. (shrink)

In The Future of Human Nature, Jürgen Habermas raises the question of whether the embryonic genetic diagnosis and genetic modification threatens the foundations of the species ethics that underlies current understandings of morality. While morality, in the normative sense, is based on moral interactions enabling communicative action, justification, and reciprocal respect, the reification involved in the new technologies may preclude individuals to uphold a sense of the undisposability of human life and the inviolability of human beings that is necessary (...) for their own identity as well as for reciprocal relations. Engaging with liberal bioethics and Catholic approaches to bioethics, the article clarifies how Habermas’ position offers a radical critique of liberal autonomy while maintaining its postmetaphysical stance. The essay argues that Habermas’ approach may guide the question of rights of future generations regarding germline gene editing. But it calls for a different turn in the conversation between philosophy and theology, namely one that emphasizes the necessary attention to rights violations and injustices as a common, postmetaphysical starting point for critical theory and critical theology alike. In 2001, Jürgen Habermas published a short book on questions of biomedicine that took many by surprise.[1] To some of his students, the turn to a substantive position invoking the need to comment on a species ethics rather than outlining a public moral framework was seen as the departure from the “path of deontological virtue,”[2] and at the same time a departure from postmetaphysical reason. Habermas’ motivation to address the developments in biomedicine had certainly been sparked by the intense debate in Germany, the European Union, and internationally on human cloning, pre-implantation genetic diagnosis, embryonic stem cell research, and human enhancement. He turned to a strand of critical theory that had been pushed to the background by the younger Frankfurt School in favor of cultural theory and social critique, even though it had been an important element of its initial working programs. The relationship of instrumental reason and critical theory, examined, among others, by Max Horkheimer, Theodor W. Adorno, and Herbert Marcuse and taken up in Habermas’ own Knowledge and Interest and Theory of Communicative Action became ever-more actual with the development of the life sciences, human genome analysis, and genetic engineering of human offspring. Today, some of the fictional scenarios discussed at the end of the last century as “science fiction” have become reality: in 2018, the first “germline gene-edited” children were born in China.[3] Furthermore, the UK’s permission to create so-called “three-parent” children may create a legal and political pathway to hereditary germline interventions summarized under the name of “gene editing.”In this article, I want to explore Habermas’ “substantial” argument in the hope that philosophy and theology become allies in their struggle against an ever-more reifying lifeworld, which may create a “moral void” that would, at least from today’s perspective, be “unbearable”, and for upholding the conditions of human dignity, freedom, and justice. I will contextualize Habermas’ concerns in the broader discourse of bioethics, because only by doing this, his concerns are rescued from some misinterpretations.[1] Jürgen Habermas, The Future of Human Nature.[2] Ibid., 125, fn. 58. 8[3] Up to the present, no scientific publication of the exact procedure exists, but it is known that the scientist, Jiankui He, circumvented the existing national regulatory framework and may have misled the prospective parents about existing alternatives and the unprecedented nature of his conduct. Yuanwu Ma, Lianfeng Zhang, and Chuan Qin, "The First Genetically Gene‐Edited Babies: It's “Irresponsible and Too Early”," Animal Models and Experimental Medicine ; Matthias Braun, Meacham, Darian, "The Trust Game: Crispr for Human Germline Editing Unsettles Scientists and Society," EMBO reports 20, no. 2. (shrink)

Confucius and Aristotle both put a primacy on the task of ethical self-cultivation. Unlike Aristotle, who emphasizes the instrumental value of legal punishment for cultivation’s sake, Confucius raises worries about the practice of punishment. Punishment, and the threat of punishment, Confucius suggests, actually threatens to warp human motivation and impede our ethical development. In this paper, I examine Confucius’ worries about legal punishment, and consider how a dialogue on punishment between Confucius and Aristotle might proceed. I explore how far (...) apart these thinkers actually stand, and examine the possibilities for a rapprochement between them. Doing so brings to light the self-cultivation perspective’s range of resources for thinking about punishment’s justification. (shrink)

My paper is on the republican version of patriotism and its justification, as developed most systematically by Philip Pettit and Maurizio Viroli. The essence of the justification is as follows: patriotism is to be viewed as valuable insofar as it is an indispensable instrument for the upholding of the central republican ideal, namely freedom understood as non-domination. My primary aim is to evaluate the normative force of this justification. In the first section, I introduce minimal descriptive definitions (...) of the concepts of patriotism and the patria. Second, I reconstruct the republican patria-ideal to which patriotism is linked to. In the third section, I reconstruct the republican justification of patriotism. Finally, I ask what we justify when we justify republican patriotism. Two views are prevalent in this regard. According to the first, republican patriotic motivation, similarly to its justification, ought to be instrumental itself too. I argue that this view is untenable, since it is in tension with the minimal definition of patriotism. The conclusion is that the other view – according to which the patriotic motivation ought to be of intrinsic character – possesses greater normative force. (shrink)

If the continental tradition from Nietzsche to Foucault has emphasized the critical and destabilizing implications of the genealogical method, analytical approaches have shown that it can also offer support to its own objects of investigation: behavioral norms, practices, concepts and so on. A genealogical account, for instance, is said to have a justificatory character when it identifies a necessary instrumental relationship between the concept or practice under consideration and human needs fundamental enough to be recognized as such by all. (...) The question I want to address concerns the supposed justifying capabilities of this type of genealogical explanations. To what extent do they really modify – to use Wittgenstein's expression – the space of reasons? I here argue that their normative and evaluative scope is variable and that examining some borderline cases helps to demonstrate this. More specifically, I believe that in some cases the reasons offered through these explanations are reasons not so much to justify the use of certain concepts or practices, but reasons to excuse those who live by them. (shrink)

Standard Analytic Epistemology typically relies on conceptual analysis of folk epistemic terms such as ‘knowledge’ or ‘justification’. A cross-cultural and cross-linguistic perspective on this method leads to the worry that there might not be universally shared epistemic concepts, and that different languages might use folk notions that have different extensions. Moreover, there is no reason to believe that our epistemic common-sense terms pick out what is epistemically most significant or valuable. In my paper, I take these issues as a (...) starting point for exploring the prospects of an alternative methodological approach that I call ‘alethic instrumentalism’. The core idea behind this approach is to start with a properly designed epistemic goal and then to develop a framework of instrumentally valuable methods oriented towards this goal. This results in a somewhat revisionary framework of newly constructed core epistemic terms. In the paper, I elucidate the foundations of this new framework and address a number of methodological and content-related objections to the approach. (shrink)

Two questions should be considered when assessing the Kantian dimensions of Kuhn’s thought. First, was Kuhn himself a Kantian? Second, did Kuhn have an influence on later Kantians and neo-Kantians? Kuhn mentioned Kant as an inspiration, and his focus on explanatory frameworks and on the conditions of knowledge appear Kantian. But Kuhn’s emphasis on learning; on activities of symbolization; on paradigms as practical, not just theoretical; and on the social and community aspects of scientific research as constitutive of scientific reasoning, (...) are all outside the Kantian perspective. Kuhn’s admiration for Kant is tempered by his desire to understand the processes of learning, of initiation into a scientific community, of experimentation using instruments, and of persuasion, drawing on the work of familiar influences, including Piaget, Koyré, and Wittgenstein, and less familiar ones, including Langer, Demos, and Frank. Both Kuhn and Kant were interested in the question: what is the status of science, and what is the role of the scientist in its development and justification? But Kuhn presents science in a much more messy, historically contingent, and socially charged way than Kant does. The paper’s conclusion evaluates Kuhn’s reception among researchers including Richardson and Friedman, assessing the prospects for future work. (shrink)

During the current financial crisis, the need for an alternative to a laissez-faire ethics of capitalism (the Milton Friedman view) becomes clear. I argue that we need an order ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. -/- I will point to some aspects of order ethics which highlight the importance of rules, e.g. global rules for the financial markets. In this regard, order ethics (“Ordnungsethik”) is the complement of the (...) German conception of “Ordnungspolitik” which also stresses the importance of a regulatory framework. This framework is needed not to tame the market, but to make it more profitable in the long run. -/- The conception of order ethics relies heavily on contractarianism, especially on James Buchanan’s work. Unlike many other conceptions of ethics, it does not start with an aim to achieve, but rather with an account of what the social world – in which ethical norms have to be implemented – is like. Our social world is different from the pre-modern one. Pre-modern societies played zero-sum games in which people could only gain significantly at the expense of others. And the types of ethics that we are still used to today have been developed within these pre-modern societies. -/- Modern societies, by contrast, can be characterised – by economists and other social theorists alike – as societies with continuous growth. This growth has only been made possible by the modern competitive market economy which enables everyone to pursue his own interests within a carefully devised institutional system. In this system, positive sum games are played, which makes it in principle possible to improve the position of every individual at the same time. Most kinds of ethics, however, resulting from the conditions of pre-modern societies, ignore the possibility of win-win-situations and instead require us to be moderate, to share, to sacrifice, as this would have been functional in zero-sum games. These conceptions distinguish – in more or less strict ways – between self-interest and altruistic motivation. Self-interest, more often than not, is ultimately seen as something evil. -/- Such an ethics cannot be functional in modern societies. Ethical concepts lag behind. Within zero-sum games, it was necessary to call for temperance, for moderate profits, or for a condemnation of lending money at interest. Within positive-sum games, however, the morally desired result of a social process cannot be brought about by changes in motivation, by switching from ‘egoistic’ to ‘altruistic’ motivation. The second theoretical element introduced by order ethics is the distinction between actions and rules, which was already mentioned. Traditional ethics concerns actions: It calls directly for changes in behaviour. This is a consequence of pre-modern conditions as reconstructed before: People in the pre-modern world were only able to control their actions, not so much however the conditions of their actions. In particular, rules like laws, constitutions, social structures, the market order, and also ethical norms have remained stable for centuries. In modern societies, this situation has changed entirely. The rules governing our actions have increasingly come under our control. -/- In this situation, ethics has to focus on rules. Morality must be incorporated in incentive-compatible rules. Direct calls for changes in behaviour without changes in the rules lead only to an erosion of compliance with moral norms. Individuals that continue to behave ‘morally’ will be singled out, because the incentives have not been changed. Moral norms which are to be justified cannot require people to abstain from pursuing their own advantage. People abstain from taking ‘immoral’ advantages only if adherence to ethical norms yields greater benefits over the planned sequence of actions than defection in the single case. Thus ‘abstaining’ is not abstaining in the long run, it is rather an investment in expectations of long-term benefits. By adhering to ethical norms, I become a reliable partner for interactions. The norms do indeed constrain my actions, but they simultaneously expand my options in interactions. And people consent to rules only if these rules hold greater advantages for them, at least in the long run. -/- In general, ethics cannot require people to abandon their individual calculation of advantages. However, it may suggest improving one’s calculation, by calculating in the long run rather than in the short run, and by taking into account the interests of our fellows, as we depend on their acceptance for reaching an optimal level of well-being, especially in a globalized world full of interdependence. -/- The problem of implementation can now be placed at the beginning of a conception of order ethics, justified with reference to the conditions of modern societies I have sketched. Under the conditions of pre-modern societies, an ethics of temperance had evolved that posed simultaneously the problems of implementation and justification. The implementation of well-justified norms or standards could then be regarded as unproblematic, because the social structures allowed for a direct face-to-face enforcement of norms. Pre-modern societies not only favored an ethics of temperance, they also had the instrument of face-to-face-sanctions within their smaller and non-anonymous communities. This instrument is no longer functional in modern anonymous societies, and so we have to face up to the problem of implementation right at the start of our ethical conception. Simultaneously, an order ethics relies on the implementation of sanctions for enforcing incentive-compatible rules. In modern societies, rules and institutions, to a large extent, must fulfil the tasks that were, in pre-modern times, fulfilled by moral norms, which in turn were sanctioned by face-to-face sanctions. Norm implementation in modern societies thus works by setting adequate incentives in order to prevent the erosion of moral norms, which would happen if ‘moral’ actors were systematically threatened with exploitation by other, less ‘moral’ actors. -/- This conception of order ethics is then elaborated further in the area of business ethics. -/- . (shrink)

Calvin was a man of the Church so his political doctrine stems from his ecclesiology, in response to both the Papal doctrine on the delegate power of the magistrates, and the Lutheran subordination of the Church to the civil authorities. He was not concerned with discussing the best possible regime, but rather with preparing a theological justification of civil power that would make it depend exclusively on God, not on the people. I will hold that Calvin states the people’s (...) function is merely instrumental: they accept the authority chosen by God, but do not institute it. The only really relevant element is that both political vocation and the transmission of power that is indispensable to it, derive uniquely and exclusively from God. The discrepancies apparent in different authors’ interpretations can be clarified by recovering the context of his argumentation. This is the objective of this article. (shrink)

Epistemological optimists about thought experiments hold that imagination could be under certain conditions source of epistemic justification. Their claim is usually based on one of three dominant conceptions about epistemic value of thought experiments. Apriorism states that imagination may serve as unique a priori source of new synthetic knowledge about the actual world. I argue against this view and show that apriorism is either too weak, or too strong or too vague. Psychologism is viable, yet not fully clear conception (...) about new meta-knowledge obtained by thought experimenting. I compare some interpretations of this position and present reasons for favorizing one of them. Conceptualism considers thought experiments as instruments for cleaning our conceptual systems. I argue that this position is in fact not about epistemic value of thought experiments, but about one specific usage of experimental result. (shrink)

This article argues that faith is a crucial concept for understanding the relationship between reason and affect. By allowing people to learn from religious faith for secular ends, it can help generate political action for emancipatory change. Antonio Gramsci's underexplored secular-political and materialist conception of faith provides an important contribution to such a project. By speaking to common sense and tradition, faith avoids imposing a wholly external set of normative and political principles, instead taking people as they are as the (...) starting point for generating emancipatory change. It also allows us to imagine the construction of alternative institutions (the Church provides an interesting model for challenging existing state authority). Theorists should therefore pay attention not just to the rationalist logic of discursive justification but also to the complex processes of social, collectively held emotions and how these influence political action as forms of affect. The article provides a detailed reconstruction of Gramsci's conception of faith and analyzes the instruments it provides for bridging the gap between reason and affect. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 2, Page 190-227, May 2022. There is a sense of fairness that is distinctive of markets. This is fairness among economic competitors, competitive fairness. We regularly make judgments of competitive fairness about market participants, public policies and institutions. However, it is not clear to what these judgments refer, or what moral significance they have. This paper offers a rational reconstruction of competitive fairness in terms of non-domination. It first identifies competitive fairness as a (...) distinctive claim, advanced within markets in turn characterized as antagonistic, instrumental and procedural. It distinguishes competitive fairness from a number of familiar ideals with which it might be confused: legitimate expectation, equality of opportunity, sporting fairness and economic efficiency. While many exponents likely assume competitive fairness can be explained in terms of one of these ideals, in each case there are significant objections to doing so. Instead, the paper argues that the most promising justification of competitive fairness is under the republican ideal of non-domination, which can reconstruct many of the intuitive judgments of competitive fairness that we make in particular cases. However, it concludes, this explanation makes it difficult for exponents to continue to emphasize competitive fairness, given diverse other risks of domination, and to other values, in markets. (shrink)

Standard Analytic Epistemology typically relies on conceptual analysis of folk epistemic terms such as ‘knowledge’ or ‘justification’. A cross-cultural and cross-linguistic perspective on this method leads to the worry that there might not be universally shared epistemic concepts, and that different languages might use folk notions that have different extensions. Moreover, there is no reason to believe that our epistemic common-sense terms pick out what is epistemically most significant or valuable. In my paper, I take these issues as a (...) starting point for exploring the prospects of an alternative methodological approach that I call ‘alethic instrumentalism’. The core idea behind this approach is to start with a properly designed epistemic goal and then to develop a framework of instrumentally valuable methods oriented towards this goal. This results in a somewhat revisionary framework of newly constructed core epistemic terms. In the paper, I elucidate the foundations of this new framework and address a number of methodological and content-related objections to the approach. (shrink)

The relationship between power, law and consent is a key feature of the Western debate on criminal law. On the one side, defining the legitimate ways of exercising the punitive power has been a critical question since the Enlightenment thought onwards and especially as to the rule of law doctrine. On the other side, the role played by public punishment in shaping consent and its communicative potential have been crucial questions for critical, as well as non-critical approaches to criminal law (...) in contemporary thought. These questions gain in strength and radicalism when it comes to international criminal law (ICL). In this case the filter of the state is not present anymore to mediate between power, law and consent, and the power to punish individuals is directly exercised by international institutions. This means, on the one hand, that traditional justifications of the power to punish and which are elaborated on in the domestic sphere are not useful anymore in legitimating international punishment. International criminal norms are not framed by an international democratically elected parliament, and their exercise is not controlled by the complex system of checks and balances typical of the rule of law. On the other hand, having not being created by a sovereign, international criminal law cannot be conceived as an instrument to build or consolidate consent around the sovereign. A double-sided dilemma therefore arises: traditional explanations are no longer apt to answer the question whether ICL is legitimate, while ICL itself can no longer be considered an instrument to build consent around the traditional power exercising it, namely the state. Although I consider both sides of the dilemma equally interesting and stimulating, I will focus here only on one side of the coin: the ability to build consent of the ICL institutions, and in particular the International Criminal Court (ICC). In other words, instead of asking whether the consent around the ICC is broad enough for the Court to be considered legitimate, I shall ask whether the ICC is able to build consent around the world order it embodies. (shrink)

The chapter explains why evolutionary genetics – a mathematical body of theory developed since the 1910s – eventually got to deal with culture: the frequency dynamics of genes like “the lactase gene” in populations cannot be correctly modeled without including social transmission. While the body of theory requires specific justifications, for example meticulous legitimations of describing culture in terms of traits, the body of theory is an immensely valuable scientific instrument, not only for its modeling power but also for the (...) amount of work that has been necessary to build, maintain, and expand it. A brief history of evolutionary genetics is told to demonstrate such patrimony, and to emphasize the importance and accumulation of statistical knowledge therein. The probabilistic nature of genotypes, phenogenotypes and population phenomena is also touched upon. Although evolutionary genetics is actually composed by distinct and partially independent traditions, the most important mathematical object of evolutionary genetics is the Mendelian space, and evolutionary genetics is mostly the daring study of trajectories of alleles in a population that explores that space. The ‘body’ is scientific wealth that can be invested in studying every situation that happens to turn out suitable to be modeled as a Mendelian population, or as a modified Mendelian population, or as a population of continuously varying individuals with an underlying Mendelian basis. Mathematical tinkering and justification are two halves of the mutual adjustment between the body of theory and the new domain of culture. Some works in current literature overstate justification, misrepresenting the relationship between body of theory and domain, and hindering interdisciplinary dialogue. (shrink)

The undergraduate philosophy major is often seen as an irrelevant degree. While this may be attributed to a number of causes, it is also occasion for academic philosophers to reevaluate pedagogical methods at the undergraduate level. The author evaluates typical pedagogical methods and argues that overemphasizing epistemological goals of philosophical investigation (e.g. truth and justification) instrumentalizes the process of inquiry and stifles students’ philosophical imagination, resulting in the impression of philosophy’s irrelevance. An alternative model is offered on the basis (...) of John Dewey’s pattern of inquiry. It is argued that a pedagogy that attends to Dewey’s five phases of inquiry promotes greater attention to the process of inquiry itself, which emphasizes knowledge as social, open to revision, and pertinent to students’ needs and interests. The author concludes by considering the philosophical implications of implementing such a pedagogy. (shrink)

In this dissertation, I present a novel account of the components that have a peculiar epistemic role in our scientific inquiries, since they contribute to establishing a form of coordination. The issue of coordination is a classic epistemic problem concerning how we justify our use of abstract conceptual tools to represent concrete phenomena. For instance, how could we get to represent universal gravitation as a mathematical formula or temperature by means of a numerical scale? This problem is particularly pressing when (...) justification for using these abstract tools comes, in part or entirely, from knowledge which is not independent from them, thus leading to threats of circularity. Achieving coordination between some abstract conceptual tools and the concrete phenomena that they are supposed to represent is usually a complex process, which involves several epistemic components. Some of these components eventually provide stable conditions for applying those abstract representations to concrete phenomena. It is in this sense of providing certain conditions of applicability that different philosophical traditions, as well as some contemporary reappraisals, view these components as constitutive or a priori. In this work, I present a new gradualist, contextualist, and relational approach to understand these constitutive components of scientific inquiry. It is gradualist inasmuch as the degree to which some component is constitutive depends on three quantifiable features: quasi-axiomaticity, generative potential, and empirical shielding. Since the quantification of these three features impinges on the history and practice of using these components in a scientific context, my approach is a contextualist one. Finally, my approach is relational in a double sense: first, it identifies ordinal relationships among epistemic components with respect to their constitutive character; second, these relationships are relative to a scientific framework of inquiry. After introducing my account and a classic example of constitutively a priori principles, i.e., Friedman’s (2001) analysis of Newtonian mechanics, I turn to my own case studies to demonstrate the advantages of my approach. Firstly, I discuss Okasha’s (2018) view of endogenization as a pervasive theoretical strategy in evolutionary biology and suggest that the constitutive character of the core Darwinian principles progressively increases with endogenization. Secondly, I apply a conceptual distinction between two varieties or scopes of coordination – general coordination and coordination in measurement – to Ohm’s work on electrical conductivity. This distinction allows me to pinpoint to what extent components along different dimensions (e.g., instrumentation, measurement, theorising, etc.) were constitutive of the forms of coordination which Ohm relied on. Thirdly, I discuss the epistemic function of the Hardy-Weinberg principle in the history and practice of population genetics. I assess this principle in terms of my account and identify approximation and stability as two components that are highly constitutive, in that they contribute to justifying its use in population genetics. Finally, applying my account to these case studies enables me to identify at least three qualitatively different types of constitutive components: domain-specific theoretical principles, material components, and domain-independent assumptions underlying reasoning abilities. In the light of my results, I draw some general conclusions on epistemic justification and scientific knowledge. (shrink)

In this paper, I consider an argument of Harvey Siegel's according to which there can be no hypothetical normativity anywhere unless there is categorical normativity in epistemology. The argument fails because it falsely assumes people must be bound by epistemic norms in order to have justified beliefs.