Moral indeterminacy can be problematic: prospectively it can give rise to deliberative anguish, and retrospectively, it can leave us in a limbo as to what attitudes it is appropriate to form with respect to past actions with indeterminate moral status. These problems give us reason to resolve ethical indeterminacy. One mechanism for doing so involves the use of our normative powers to place obligations on ourselves and to waive our claims against others. This mechanism could operate through an (...) explicit agreement, but could also operate through implicit endorsement of a social convention. However, there are important limits on when the mechanism can eliminate moral indeterminacy. (shrink)

According to cultural evolutionary theory in the tradition of Boyd and Richerson, cultural evolution is driven by individuals' learning biases, natural selection, and random forces. Learning biases lead people to preferentially acquire cultural variants with certain contents or in certain contexts. Natural selection favors individuals or groups with fitness-promoting variants. Durham (1991) argued that Boyd and Richerson's approach is based on a "radical individualism" that fails to recognize that cultural variants are often "imposed" on people regardless of their individual decisions. (...) Fracchia and Lewontin (2005) raised a similar challenge, suggesting that the success of a variant is often determined by the degree of power backing it. With power, a ruler can impose beliefs or practices on a whole population by diktat, rendering all of the forces represented in cultural evolutionary models irrelevant. It is argued here, based on work by Boehm (1999, 2012), that, from at least the time of the early Middle Paleolithic, human bands were controlled by powerful coalitions of the majority that deliberately guided the development of moral norms to promote the common good. Cultural evolutionary models of the evolution of morality have been based on false premises. However, Durham (1991) and Fracchia and Lewontin's (2005) challenge does not undermine cultural evolutionary modeling in nonmoral domains. (shrink)

In one of the earlier influential papers in the field of experimental philosophy titled Normativity and Epistemic Intuitions published in 2001, Jonathan M. Weinberg, Shaun Nichols and Stephen Stich reported that respondents answered Gettier type questions differently depending on their ethnic background as well as socioeconomic status. There is currently a debate going on, on the significance of the results of Weinberg et al. (2001) and its implications for philosophical methodology in general and epistemology in specific. Despite the debates, however, (...) to our knowledge, there has not been a replication attempt of the experiments of the original paper. We collected data from four different sources (two on-line and two in-person) to replicate the experiments. Despite several different data sets and in various cases larger sample sizes and hence greater power to detect differences, we failed to detect significant differences between the above-mentioned ethnic and socioeconomic groups. Our results suggest that epistemic intuitions are more robust across ethnic and socioeconomic groups than Weinberg et al. (2001) indicates. Given our data, we believe that the notion of differences in epistemic intuitions among different ethnic and socioeconomic groups that follows from Weinberg et al. (2001) needs to be corrected. (shrink)

This paper is an investigation into the metaphysics of social objects such as political borders, states, and organizations. I articulate a metaphysical puzzle concerning such objects and then propose a novel account of social objects that provides a solution to the puzzle. The basic idea behind the puzzle is that under appropriate circumstances, seemingly concrete social objects can apparently be created by acts of agreement, decree, declaration, or the like. Yet there is reason to believe that no concrete object can (...) be created in this way. The central idea of my positive account is that social objects have a normative component to them, and seemingly concrete social objects have both normative and material components. I develop this idea more rigorously using resources from the Aristotelian hylomorphic tradition. The resulting normative hylomorphic account, I argue, solves the puzzle by providing a satisfying explanation of creation-by-agreement and the like, while also avoiding the difficulties facing extant accounts of social objects. (shrink)

This chapter distinguishes between several senses of “normativity”. For example, that we ought to abstain from causing unnecessary suffering is a normative, not descriptive, claim. And so is the claim that we have good reason, and ought to drive on the right, or left, side of the road because the law requires us to do that. Reasons and oughts are normative, by definition. Indeed, it may be that “[t]he normativity of all that is normative consists in the (...) way it is, or provides, or is otherwise related to reasons” (Raz 1999, 67) . That is what the “reasons-first” view holds, but there are also other views, and what is by definition a normative statement, or a normative fact if you like, depends on how we define normativity. -/- It may seem that requirements are also by definition normative. But it seems that there can also be requirements that one has no reason to meet: it is less clear whether such requirements are normative in the same sense that reasons and oughts are normative. This paper will go through various further phenomena, which are candidates for being normative in some other sense than normative reasons and oughts, defending however the view that not all of them are. But arguably four or so different senses of normativity can be distinguished. -/- The paper will accept the view that the normativity of reasons and oughts, which is here called normativity1, is central. It is an open question whether all requirements or expectations or socially constructed norms are normative in that sense. Arguably it depends on the contents and content-independent authority of the legislators, whether we have good reasons, or ought, to meet the requirements, obey the law, or to follow the etiquette, or to conform to others’ interpersonal expectations, requests, demands or prescriptions. Whether and when we do have such reasons is a difficult and important substantive question, which concerns the normativity1 of requirements of law. -/- In another sense, norms (intended to guide behavior) are trivially or by definition normative, and constitute normativity: some forms of behavior are ruled as acceptable (e.g. driving on the right) and others as unacceptable (e.g. driving on the left) in light of the norm. Even in the case of a bad norm (that we have no reason to follow, and which ought to be changed, and ought not prevail) classifies behaviours as acceptable or unacceptable in light of the norm. Surely norms are by definition normative? Call this conformity to social norms and actual expectations normativity2. It is not an open question whether social norms are normative in that sense – they are by definition normative2. But importantly, it is an open question whether one has good reasons, or sufficient reason, or ought, to follow any social norm – that is, whether the norm in question is normative1. -/- The first section of the article characterizes further the difference between these two senses of normativity, and additionally introduces various other candidate senses of “normativity”. These possible senses of “normativity” may be at stake in the debates about normative requirements of rationality , about so called ought-to-be -rules , about normativity of linguistic meaning , about “directions of fit” of beliefs and desires , about subjective authority of intentions and decisions and interpersonal authority or co-authority of concrete others. -/- In later sections these cases are discussed. Do they constitute separate senses of normativity? And are the later phenomena such that they give agents good reasons: do they include normativity1 – the core sense? A “normative power -model” is suggested as a framework for examining whether actual social norms, laws, expectations provide good reasons and oughts or not. Once we understand the relation between the first two senses of normativity, do the later phenomena follow the same pattern – is the “normative powers – model” relevant for them as well? (shrink)

To what extent are questions of sovereign debt a matter for political rather than scientific or moral adjudication? We answer that question by defending three claims. We argue that (i) moral and technocratic takes on sovereign debt tend to be ideological in a pejorative sense of the term, and that therefore (ii) sovereign debt should be politicised all the way down. We then show that this sort of politicisation need not boil down to the crude Realpolitik of debtor-creditor power relations—a (...) conclusion that would leave no room for normative theory, among other problems. Rather, we argue that (iii) in a democratic context, a realist approach to politics centred on what Bernard Williams calls ‘The Basic Legitimation Demand’ affords a deliberative approach to the normative evaluation of public debt policy options. (shrink)

This paper draws on the 'Fitting Attitudes' analysis of value to argue that we should take the concept of fittingness (rather than value) as our normative primitive. I will argue that the fittingness framework enhances the clarity and expressive power of our normative theorising. Along the way, we will see how the fittingness framework illuminates our understanding of various moral theories, and why it casts doubt on the Global Consequentialist idea that acts and (say) eye colours are normatively (...) on a par. We will see why even consequentialists, in taking rightness to be in some sense determined by goodness, should not think that rightness is conceptually reducible to goodness. Finally, I will use the fittingness framework to explicate the distinction between consequentialist and deontological theories, with particular attention to the contentious case of Rule Consequentialism. (shrink)

One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant approach (...) I put forward the idea that upturning the relationship between justice and legitimacy affords a normative notion of authority that does not depend on a pre-political account of morality, and thus avoids some serious problems faced by mainstream theories of justice. I then argue that the appropriate purpose of justice is simply to specify the implementation of an independently grounded conception of legitimacy, which in turn rests on a context- and practice-sensitive understanding of the purpose of political power. (shrink)

Most democratic theorists agree that concentrations of wealth and power tend to distort the functioning of democracy and ought to be countered wherever possible. Deliberative democrats are no exception: though not its only potential value, the capacity of deliberation to ‘neutralise power’ is often regarded as ‘fundamental’ to deliberative theory. Power may be neutralised, according to many deliberative democrats, if citizens can be induced to commit more fully to the deliberative resolution of common problems. If they do, they will be (...) unable to get away with inconsistencies and bad or private reasons, thereby mitigating the illegitimate influence of power. I argue, however, that the means by which power inflects political disagreement is far more subtle than this model suggests and cannot be countered so simply. As a wealth of recent research in political psychology demonstrates, human beings persistently exhibit ‘motivated reasoning’, meaning that even when we are sincerely committed to the deliberative resolution of common problems, and even when we are exposed to the same reasons and evidence, we still disagree strongly about what ‘fair cooperation’ entails. Motivated reasoning can be counteracted, but only under exceptional circumstances such as those that enable modern science, which cannot be reliably replicated in our society at large. My analysis suggests that in democratic politics – which rules out the kind of anti-democratic practices available to scientists – we should not expect deliberation to reliably neutralise power. (shrink)

Excuses are commonplace. Making and accepting excuses is part of our practice of holding each other morally responsible. But excuses are also curious. They have normative force. Whether someone has an excuse for something they have done matters for how we should respond to their action. An excuse can make it appropriate to forgo blame, to revise judgments of blameworthiness, to feel compassion and pity instead of anger and resentment. The considerations we appeal to when making excuses are a (...) motley bunch: tiredness, stress, a looming work deadline, a wailing infant, poverty, duress, ignorance. What unifies these various considerations as a class? In virtue of what can they all excuse? And what does their normative force consist in? This paper aims to develop a unified account of excuses: what they are and what they do. In a nutshell, I argue that excuses are considerations that show that an agent’s wrongdoing does not manifest a specific motivational failing: namely, the lack of a morally adequate present-directed intention. What do excuses do? I suggest that they function as responsibility-modifiers. They alter how the wrongdoer, the wronged party, bystanders may morally respond to a wrong, without negating that it remains appropriate to respond in some way. (shrink)

The Article addresses itself to immigration law governing the admission and expulsion of aliens, exploring the gap between the "plenary power" doctrine––the notion that Congress and the executive branch have broad and often exclusive authority over immigration decisions––and the actual practice of many federal courts in the immigration field. Federal courts, the author argues, often apply two distinct sets of constitutional norms in immigration cases, one set drawn from immigration law proper and applied directly to constitutional cases, and a second, (...) "phantom norm" set, borrowed from mainstream public law and applied in the interpretation of immigration statutes. The result is an immigration law regime in which the plenary power doctrine has been undermined, but not reversed, through statutory interpretation. The Article explores the reasons for the application of "phantom norms" to immigration statutes and the problems created by that practice, ultimately recommending a direct reassessment of plenary power as a constitutional doctrine. In so doing, the Article serves not only as an examination of the interpretive dynamics peculiar to immigration law but also as an exemplary study of a general problem of legal process––the relationship between statutory interpretation and constitutional law. (shrink)

Truth seems to be an indispensable element of authority which presents itself as being based on more than just power and efficiency. In the domain of law,there is not only and primarily the problem of establishing the truth about the facts which are to be judged; there is also the problem of norms—does their authority rest solely on the act of establishing them, or is there “something behind”, a truth which contributes to the strength of law, and which provides legitimacy (...) to both legislator and to the legal norms themselves. In theoretical reflection, the very possibility of talking about true norms or true evaluations is under challenge, and this view dominates in the academic education of lawyers and other professionals. At the basis of this project lies the conviction that the problem of true norms, and the more general problem of the place of truth in law, is worth re-examining. In the course of such a re-examination, it is also worth returning to certain points in the tradition of thinking about the foudations of law. In the tradition recalled by the papers presented here—by both Italian and Polish authors—a prominent place is occupied by Polish thinkers such as Leon Petrażycki, Czesław Znamierowski, and Zygmunt Ziembiński. The book consists of three major parts. The titles—Tradition, Theory, Practice mark important points of reference in the reflection on truth in the context of law. The contributions relate to these points in different degrees, and each, though placed in one of these parts, also refer to the others. (shrink)

In this essay we criticise Rainer Forst's attempt to draw a connection between power and justification, and thus ground his normative theory of a right to justification. Forst draws this connection primarily conceptually, though we will also consider whether a normative connection may be drawn within his framework. Forst's key insight is that if we understand power as operating by furnishing those subjected to it with reasons, then we create a space for the normative contestation of any (...) exercise of power. He calls this the noumenal understanding of power. Against the conceptual connection between power and justification, we argue that (i) on most plausible accounts of political freedom, some freedom-restrictions commonly attributed to the successful exercise of power would perplexingly count as failures of power on Forst's view, and that (ii) on the most plausible account of reason-recognition, namely an appropriateness of response account, a justification relation is only a sufficient but not necessary condition for recognition. Against the normative connection, we argue that (iii) Forst can establish the existence of a right to justification only if he reconsiders the transcendental aspirations of his theory. (shrink)

Ethical non-naturalists often charge that their naturalist competitors cannot adequately explain the distinctive normativity of moral or more broadly practical concepts. I argue that the force of the charge is mitigated, because non-naturalism is ultimately committed to a kind of mysterianism about the metaphysics of practical norms that possesses limited explanatory power. I then show that focusing on comparative judgments about the explanatory power of various metaethical theories raises additional problems for the non-naturalist, and suggest grounds for optimism that a (...) naturalistic realist about practical normativity will ultimately be able to explain the distinctive normativity of practical norms. I then show that radical pluralism or particularism about the structure of normative ethics would complicate the naturalistic strategy that I defend. This suggests a perhaps surprising way in which the resolution of the debate between ethical naturalists and non-naturalists may rest in part on the answers to substantive normative questions. (shrink)

Birth mothers usually have a moral right to parent their newborns in virtue of a mutual attachment formed, during gestation, between the gestational mother and the fetus. The attachment is formed, in part, thanks to the burdens of pregnancy, and it serves the interest of the newborn; the gestational mother, too, has a powerful interest in the protection of this attachment. Given its justification, the right to parent one's gestated baby cannot be transferred at will to other people who would (...) wish to function as social parents of the child in question. This indicates that surrogacy contracts are illegitimate, and therefore should be void. (shrink)

Recent work in English speaking moral philosophy has seen the rise to prominence of the idea of a normative reason1. By ‘normative reasons’ I mean the reasons agents appeal to in making rational claims on each other. Normative reasons are good reasons on which agents ought to act, even if they are not actually motivated accordingly2. To this extent, normative reasons are distinguishable from the motivating reasons agents appeal to in reason explanations. Even agents who fail (...) to act on their normative reasons can be said to act on reasons insofar as their actions are rationally intelligible. Thus, when it is said that agents may never use violence in self-defence, this is naturally interpreted to mean that there are powerful normative reasons not to use violence even in selfdefence, even though some agents would use violence in selfdefence. Normative reasons are reasons to pursue ends, where by ends I mean a subset of objects of possible desire, such as taking a stroll or giving all your money to charity. The set of objects of possible desire might include items that are not straightforwardly ends of action. For example, you might want the world to be a better place, or want a secure basis in knowledge of relevant facts to be assigned the highest priority in the assessment of people’s preferences. Objects of possible desire are a subset of objects of possible response, where by ‘response’ I mean the whole range of prepositional attitudes, including desires, preferences, beliefs, commitments and so on. I use the term ‘option’ to refer to objects of possible response in this wider sense. Recent philosophical claims about the grounds of normative reasons can be divided into two strands. Each strand takes as its starting point what is perceived to be a fundamental constraint embodied in normative reason attributions.. (shrink)

Uptake is typically understood as the hearer’s recognition of the speaker’s communicative intention. According to one theory of uptake, the hearer’s role is merely as a ratifier. The speaker, by expressing a particular communicative intention, predetermines what kind of illocutionary act she might perform. Her hearer can then render this act a success or a failure. Thus the hearer has no power over which act could be performed, but she does have some power over whether it is performed. Call this (...) the ratification theory of uptake. Several philosophers have recently endorsed an alternative theory of uptake, according to which the hearer can determine the nature of the act the speaker performs. According to this theory, if the hearer regards an utterance as illocutionary act y, then it is act y, even if the speaker intended to perform act x. Call this the constitution theory of uptake. The purported advantage of this theory is that it identifies a common but underanalysed way in which speakers can be silenced. I argue that despite its initial intuitive pull, the constitution theory of uptake should be rejected. It is incompatible with ordinary intuitions about speech, it entails a conceptual impossibility, and it has unsavoury political implications, entailing that marginalised speakers barely qualify as agents. (shrink)

I propose that testimony is subject to a norm that is backed by a credibility sanction: whenever the norm is violated, it is appropriate for the testifier to lose some credibility for their future testimony. This is one of a family of sanction-based norms, where violation of the norm makes it appropriate to lose some power; in this case, the power to induce belief through testimony. The applicability of the credibility norm to testimony follows from the epistemology of testimony, in (...) that false or unjustified testimony weakens the reason for belief that is provided by the speaker's future testimony. (shrink)

Ethical non-naturalists often charge that their naturalist competitors cannot adequately explain the distinctive normativity of moral or more broadly practical concepts. I argue that the force of the charge is mitigated, because non-naturalism is ultimately committed to a kind of mysterianism about the metaphysics of practical norms that possesses limited explanatory power. I then show that focusing on comparative judgments about the explanatory power of various metaethical theories raises additional problems for the non-naturalist, and suggest grounds for optimism that a (...) naturalistic realist about practical normativity will ultimately be able to explain the distinctive normativity of practical norms. I then show that radical pluralism or particularism about the structure of normative ethics would complicate the naturalistic strategy that I defend. This suggests a perhaps surprising way in which the resolution of the debate between ethical naturalists and non-naturalists may rest in part on the answers to substantive normative questions. (shrink)

Human rights are particularly relevant in contexts in which there are significant asymmetries of power, but where these asymmetries exist the human rights project turns out to be especially difficult to realize. The stronger can use their disproportionate power both to threaten others’ human rights and to frustrate attempts to secure their fulfillment. They may even monopolize the international discussion as to what human rights are and how they should be implemented. This paper explores this tension between the normative (...) ideal of human rights and the facts of asymmetric power. It has two objectives. The first, pursued in section 2, is to reconstruct and assess a set of important power-related worries about human rights. These worries are sometimes presented as falsifying the view that human rights exist, or at least as warranting the abandonment of human rights practice. The paper argues that the worries do not support such conclusions. Instead, they motivate the identification of certain desiderata for the amelioration of human rights practice. The paper proceeds to articulate twelve such desiderata. The second objective, pursued in section 3, is to propose a strategy for satisfying the desiderata identified in the previous section. In particular, the paper suggests some ways to build empowerment into the human rights project that reduce the absolute and relative powerlessness of human rights holders, while also identifying an ethics of responsibility and solidarity for contexts in which power asymmetries will not dissolve. Power analysis does not debunk the human rights project. Properly articulated, it is an important tool for those pursuing it. (shrink)

Source: Author: Marwan Kadhim Mohammed, Wan Roselezam Wan Yahya Martin Amis's manipulation of the patriarchal concept of power is a notable indication of his transgressive attitudes that raise remarkable questions about the human identity. Transgressing power investigates the violation of the normal and familiar trends of literature in order to circulate a new discourse by which a new identity is reframed. Hence, the study of power in Martin Amis's novels, as an important technique of identity re-definition, is not taken into (...) consideration in the light of Foucault's theory of power. The objective of this study is to examine the role applied by transgression as a technique of subverting the common discourse of power in the field of identity re-formation. The study investigates the concept of power manipulated in Amis's Money to define the identity of the 'New Man'. Accordingly, the Foucauldian theory of power is taken as a framework of this study. The study reveals a conclusion in which the transgressive aspects of power are effectively utilized by Amis to re-define the identity of his protagonist in the novel. Although John Self-has finally lost his name and fortune, which are necessary demands to define one's self-in the patriarchal society, he finds his own new identity away from the materialistic norms of the common discourse. ]]>. (shrink)

This paper explores the connections between human rights, human dignity, and power. The idea of human dignity is omnipresent in human rights discourse, but its meaning and point is not always clear. It is standardly used in two ways, to refer to a normative status of persons that makes their treatment in terms of human rights a proper response, and a social condition of persons in which their human rights are fulfilled. This paper pursues three tasks. First, it provides (...) an analysis of the content and an interpretation of the role of the idea of human dignity in current human rights discourse. The interpretation includes a pluralist view of human interests and dignity that avoids a narrow focus on rational agency. Second, this paper characterizes the two aspects of human dignity in terms of capabilities. Certain general human capabilities are among the facts that ground status-dignity, and the presence of certain more specific capabilities constitutes condition-dignity. Finally, this paper explores how the pursuit of human rights and human dignity links to distributions and uses of power. Since capabilities are a form of power, and human rights are in part aimed at respecting and promoting capabilities, human rights involve empowerment. Exploring the connections between human rights, capabilities, and empowerment provides resources to defend controversial human rights such as the right to democratic political participation, and to respond to worries about the feasibility of their fulfillment. This paper also argues that empowerment must be coupled with solidaristic concern in order to respond to unavoidable facts of social dependency and vulnerability. (shrink)

Pogge, O'Neill, Elkins, and others propose the "dispersal" or "unbundling" of state sovereignty, allegedly to disincentivize war, to foster global and regional cooperation on environment, justice, and other issues of naturally supra-state concern, as well as to tailor some functions or jurisdictions to more local, regional, or differently shaped geographical areas. All these proposals are guilty of function-atomism, i.e. they ignore the massive benefits of clustering identically bounded functions or jurisdictions in a single territory. These benefits include the effective enforcement (...) of law; the effective production of public goods and deterrence of free-riding; the coinciding of the tax base, law formation and enforcement and sustaining community of media, schools, universities, and other vital institutions; and the fostering of democratic community and participation in a significant political structure. (shrink)

The open borders view is frequently dismissed for making infeasible demands. This is a potent strategy. Unlike normative arguments regarding open borders, which tend to be relatively intractable, the charge of infeasibility is supposed to operate as what we call a "normative argument-stopper." Nonetheless, we argue that the strategy fails. Bringing about open borders is perfectly feasible on the most plausible account of feasibility. We consider and reject what we take to be the only three credible ways to (...) save the charge of infeasibility: by proposing an alternative account of feasibility; by proposing an alternative, more circumscribed interpretation of the subject-matter of feasibility claims; and by proposing a more expansive account of the addressees of the demand for open borders. The first fails to vindicate the claim that infeasibility is a normative argument-stopper. The second does not provide an argument against open borders at all. The third underestimates the power of at least some non-state actors. We conclude by drawing some lessons for the open borders view and the use of feasibility in politics more generally. (shrink)

Philosophers are divided on whether the proof- or truth-theoretic approach to logic is more fruitful. The paper demonstrates the considerable explanatory power of a truth-based approach to logic by showing that and how it can provide (i) an explanatory characterization —both semantic and proof-theoretical—of logical inference, (ii) an explanatory criterion for logical constants and operators, (iii) an explanatory account of logic’s role (function) in knowledge, as well as explanations of (iv) the characteristic features of logic —formality, strong modal force, generality, (...) topic neutrality, basicness, and (quasi-)apriority, (v) the veridicality of logic and its applicability to science, (v) the normativity of logic, (vi) error, revision, and expansion in/of logic, and (vii) the relation between logic and mathematics. The high explanatory power of the truth-theoretic approach does not rule out an equal or even higher explanatory power of the proof-theoretic approach. But to the extent that the truth-theoretic approach is shown to be highly explanatory, it sets a standard for other approaches to logic, including the proof-theoretic approach. (shrink)

In this paper, making reference to Robert Brandom's philosophical proposal - and against the background of Brandom's debate with Jürgen Habermas - I shall endeavor, first, to define the relation between recognition and normativity and then between recognition and criticism; in the final part of the paper I shall suggest a perspective that approaches recognition in terms of capacities. On this basis I attempt to see the critical attitude as something that is founded more on individual potentials than on formal (...) criteria and that is essentially connected with a power of redescription: a dialectical anthropology of recognition is thus the most promising base to account for that which substantiates our critical powers. (shrink)

The central claim of normative pragmatism is that intentional states can be explained in terms of participation in practices. My aim in this paper is not so much to defend this claim as to rearticulate it in a different medium: the medium of computation. I describe two computer programs in which this claim is re-expressed. The first is the latest version of THE SIMS, in which participation in practices enables the Sims to do and understand more. The second is (...) a prototype simulation of philosophical debate. In this second program, normative pragmatism is expressed at two different levels: once as the theory powering the implementation, and once as a set of claims which are debated by the simulated philosophers. Here, a philosophical theory is used to implement a system in which that very same theory is articulated, challenged, and justified. (shrink)

I develop an interdisciplinary framework for understanding the nature of agents and agency that is compatible with recent developments in the metaphysics of science and that also does justice to the mechanistic and normative characteristics of agents and agency as they are understood in moral philosophy, social psychology, neuroscience, robotics, and economics. The framework I develop is internal perspectivalist. That is to say, it counts agents as real in a perspective-dependent way, but not in a way that depends on (...) an external perspective. Whether or not something counts as an agent depends on whether it is able to have a certain kind of perspective. My approach differs from many others by treating possession of a perspective as more basic than the possession of agency, representational content/vehicles, cognition, intentions, goals, concepts, or mental or psychological states; these latter capabilities require the former, not the other way around. I explain what it means for a system to be able to have a perspective at all, beginning with simple cases in biology, and show how self-contained normative perspectives about proper function and control can emerge from mechanisms with relatively simple dynamics. I then describe how increasingly complex control architectures can become organized that allow for more complex perspectives that approach agency. Next, I provide my own account of the kind of perspective that is necessary for agency itself, the goal being to provide a reference against which other accounts can be compared. Finally, I introduce a crucial distinction that is necessary for understanding human agency: that between inclinational and committal agency, and venture a hypothesis about how the normative perspective underlying committal agency might be mechanistically realized. (shrink)

Most contemporary philosophers of action accept Aristotle’s view that actions involve movements generated by an internal cause. This is reflected in the wide support enjoyed by the Causal Theory of Action (CTA), according to which actions are bodily movements caused by mental states. Some critics argue that CTA suffers from the Problem of Disappearing Agents (PDA), the complaint that CTA excludes agents because it reduces them to mere passive arenas in which certain events and processes take place. Extant treatments of (...) PDA, most notably those of Michael Bratman and David Velleman, interpret the problem as a challenge to CTA’s ability to capture the role of rational capacities like deliberation and reflection in the etiology of human action. I argue that PDA admits of another interpretation, one that arises when we appreciate that the exercise of higher rational capacities in action presupposes possession of a prior lower-level capacity for basic self-movement – the power to initiate and control one’s bodily behavior. Bolstering CTA so that it accommodates richer exercises of practical thought – as Bratman and Velleman do – will not resolve PDA unless CTA already captures this basic agential power. Adequately responding to PDA, therefore, requires answering a question unaddressed by current responses: How do bodily movements caused by sub-agential items like mental states count as movements actively performed by the whole agent? I argue that CTA can answer this question by adopting a normative account of the nature of self-moving agents. On this view, self-moving agents are teleologically constituted, meaning (1) their nature and proper function derives from their characteristic ends and aims, and (2) the nature and proper function of their parts depend on these ends and aims. Basic self-movement consists of movements caused by a sub-agential part whose own proper function is to generate behavior that constitutes or contributes to the pursuit of the agent’s overall proper function. After showing how this picture applies to artifactual and collective agents (i.e., robots and teams), I extend the account to organic agents (human beings) by sketching a broadly Aristotelian picture of the nature of living things. (shrink)

Legal norms are an invention. This paper advances a proposal about what kind of invention they are. The proposal is that legal norms derive from rules which specify role functions in a legal system. Legal rules attach to agents in virtue of their status within the system in which the rules operate. The point of legal rules or a legal system is to solve to large scale coordination problems, specifically the problem of organizing social and economic life among a group (...) of people and their successors, though not every legal rule pertains to a coordination problem. The framework for thinking about legal norms that I describe is a framework for thinking about institutions and policies more generally. The idea is to show that legal norms are a species of institutional norm. There are two central ideas. The first is the idea of a role in an institution. The second is the idea of proxy agency. Proxy agency involves one agent or group acting under the authorization of another agent or group (perhaps subsuming it) in a way that makes the actions of the proxy count as actions (under a description) of the individual or group for which it is a proxy. We get the characteristic structure of a legal system by conceiving of an institutional group, itself conceived of as a set of interlocking roles realized in individuals, as having one or more roles for proxy agents who are authorized by the group to make policy for the group. The set of rules governing the basic constitution of the group and spelling out the powers of the policy proxies determine fundamental norms for the group with specific role responsibilities attaching to particular positions in institutional arrangements. The policies determine further norms whose force derives from the fundamental norms. We must then say some further things to distinguish institutions and policies which we wish to designate as legal. (shrink)

In this paper I first argue against one attractive formulation of the motivation argument, and against one attractive formulation of noncognitivism. I do so by example: I suggest that other-regarding normative judgments do not seem to have motivational powers and do not seem to be desires. After defending these two claims, I argue that other views can accommodate the motivational role of normative judgment without facing this objection. For example, desire-as-belief theories do so, since such theories only (...) say that some normative judgments constitute desires, not that all such judgments do so. In short, I argue that, if we are seeking a theory that explains the motivational role of normative judgement, some theories are better than others insofar as they do so without committing to the claim that all normative judgements play such a motivational role. (shrink)

Despite the attention equality before the law has received, both laudatory and critical, peculiarly little has been done to precisely define it. The first ambition of this paper is to remedy this, by exploring the various ways in which a principle of equality before the law can be understood and suggest a concise definition. With a clearer understanding of the principle in hand we are better equipped to assess traditional critique of the principle. Doing so is the second ambition of (...) this paper. I will argue that traditional criticisms are unpersuasive, but that there is a different, powerful argument against equality before the law. The third ambition of the paper is to argue that there is a sense, overlooked by both proponents and critics, in which the principle still captures something important, albeit at the cost of shifting from intrinsic to instrumental value. (shrink)

One of the deepest and longest-lasting debates in ethics concerns a version of the Euthyphro question: are choiceworthy things choiceworthy because agents have certain attitudes toward them or are they choiceworthy independent of any agents’ attitudes? Reasons internalists, such as Bernard Williams, Michael Smith, Mark Schroeder, Sharon Street, Kate Manne, Julia Markovits, and David Sobel answer in the first way. They think that all of an agent’s normative reasons for action are grounded in facts about that agent’s pro-attitudes (e.g., (...) her desires, valuing states, normative judgments). According to the most popular brand of internalism, idealizing internalism, an agent’s reasons are grounded, not in her actual pro-attitudes, but rather in what her pro-attitudes would be in suitably idealized conditions. Idealizing internalists presuppose that, for any agent with an irrational set of attitudes, there is one uniquely rational set that that agent would have if she were to undergo the relevant idealizing process. I argue that this assumption is false and that it raises two puzzles for idealizing internalism: one about the existence of practical reasons and another about their normative weight. I argue that idealizing internalists have an adequate solution to the first puzzle but not the second. Indeed, when they try to solve the second puzzle, they confront a dilemma. This second puzzle and the associated dilemma thus constitutes a powerful, but so far unnoticed, difficulty for idealizing internalism. (shrink)

Can we develop a definition of power that is satisfactorily determinate but also enables rather than foreclose important substantive debates about how power relations proceed and should proceed in social and political life? I present a broad definition of agential power that meets these desiderata. On this account, agents have power with respect to a certain outcome (including, inter alia, the shaping of certain social relations) to the extent that they can voluntarily determine whether that outcome occurs. This simple definition (...) generates a surprisingly complex agenda for substantive research. It is quite fruitful for both descriptive and normative purposes-or so this paper argues. The broad account of agential power offered here is partly developed through a critical engagement with Rainer Forst's important recent account of "noumenal power.". (shrink)

In this paper, we raise and discuss a puzzle about the relationships among goods, reasons, and deontic status. Suppose you have it within your power to give someone something they would enjoy. The following claims seem platitudinous: you can use this power to reward whatever kind of option you want, thereby making that option better and generating a reason for that person to perform it; this reason is then weighed alongside and against the other reasons at play; and altogether, the (...) reasons determine the deontic statuses of that person’s options. We show, however, that in a certain class of cases at least one of these apparent platitudes must be false. In particular, we show that in a certain kind of case wrongfulness cannot be rewarded. In some cases, if one tries to reward wrongfulness, something surprising must go awry: either what you attempt to give as a reward would not, in fact, be good, or it would not generate a reason, or it would have a surprising effect on the deontic status of the relevant options. The upshot is that the relationships among goods, reasons, and deontic status are complicated in ways that have not previously been remarked. (shrink)

Although Hannah Arendt is not known as an advocate of nonviolence per se, her analysis of power dynamics within and between groups closely parallels Gandhi’s. The paper shows the extent to which her insights are compatible with Gandhi’s and also defends her against charges that her description of the world is overly normative and unrealistic. Both Arendt and Gandhi insist that nonviolence is the paradigm of power in situations where people freely consent to and engage in concerted action, and (...) both argue that power structures based on violence and coercion will ultimately fail, because the resort to violence implies an inability to gain free consent or cooperation. Any gains from violence are temporary, since agents will express themselves freely as soon as force is withdrawn. Arendt argues that dominating powers know this, and therefore rely on manipulation, propaganda, and outright lies to win people’s consent, an analysis which can be used to explain some current social dynamics. (shrink)

Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...) international law (e.g., crystallizing norms of customary law) can be binding in much the same way as better-established doctrine. This point becomes perspicuous, I argue, once we get a clear sense of the plausible options for grounding the moral authority of international law generally. -/- This result is interesting in its own right, but it also reveals two other features of the character of state responsibility under international law. First, the distinction between legislation and compliance is less pronounced compared to domestic law. Consequently, the virtues of good governance will frequently be pertinent to determining the content of states’ obligations under international law. Second, normally more powerful and influential agents will be more strongly bound by international law than other subjects. This is an attractive result, addressing a concern that motivates many international lawyers to view international law as absolutely binding. An absolutist view international legal authority is unnecessary for showing that the most powerful and dangerous states are strongly bound by the terms of much existing law. (shrink)

This paper examines recent feminist work on Spinoza and identifies the elements of Spinoza’s philosophy that have been seen as promising for feminist naturalism. I argue that the elements of Spinoza’s work that feminist theorists have found so promising are precisely those concepts he derives from Hobbes. I argue that the misunderstanding of Hobbes as architect of the egoist model of human nature has effaced his contribution to Spinoza’s more praised conception of the human individual. Despite misconceptions, I argue that (...) the model of human nature, the view on human emotions and the conception of individual power that Hobbes created and Spinoza developed is an uncommonly useful one for feminist political theory. Through reexamining Hobbes’ model of human nature and the emotions I will argue that Hobbes’ theory of the internal weighing of emotions provides an important mechanism for understanding how the individuals’ affects can be reformed. I will show how we can use this naturalistic model of the human individual to answer contemporary theoretical and practical questions of how to empower women and how to effectively identify, challenge and change social categories, norms and institutions which are disempowering. In particular, I will argue that feminist projects of empowerment need a way to measure empowerment and a way to understand how to understand the power of harmful norms and customs. Understanding the way certain norms and practices disempower women while forming their affects and self‐conceptions provides the first step to reform of these practices. Spinoza and Hobbes provide us with a further tool to reform, and that is their understanding of the role of emotions in human action and power, and the need to reform and reorganize the emotions of individuals in order to escape harmful patterns of behavior. (shrink)

Kant’s conception of mental illness is unlikely to satisfy contemporary readers. His classifications of mental illness are often fluid and ambiguous, and he seems to attribute to human beings at least some responsibility for preventing mental illness. In spite of these apparent disadvantages, I argue that Kant’s account of mental illness can be illuminating to his views about the normative dimensions of human cognition. In contrast to current understandings of mental illness, Kant’s account is what I refer to as (...) “non-pathological.” That is, most mental illnesses are for Kant continuous with normally functioning cognition. Someone with a healthy reason can easily fall into mental illness and someone with mental illness can (perhaps not as easily) re-establish healthy reason. By accepting a non-pathological definition of mental illness, it follows for Kant that humans have more agency and responsibility regarding their mental health than current views allow, which explains why several of his writings aim to prescribe a “diet of the mind” (2:271). Contrary to popular readings of Kant as a champion of reason’s power, Kant’s conception of mental illness shows that he recognizes how fragile human reason can be. (shrink)

Sophists and rhetoricians like Gorgias are often accused of disregarding truth and rationality: their speeches seem to aim only at effective persuasion, and be constrained by nothing but persuasiveness itself. In his extant texts Gorgias claims that language does not represent external objects or communicate internal states, but merely generates behavioural responses in people. It has been argued that this perspective erodes the possibility of rationally assessing speeches by making persuasiveness the only norm, and persuasive power the only virtue, of (...) speech. Against this view, I show how Gorgias’ texts support a robust normativity of language that goes well beyond persuasion while remaining non-representational. Gorgias’ claims that a speech can be persuasive and false, or true and unpersuasive, reveal pragmatic, epistemic, and agonistic constraints on the validity of speech that are neither representational nor reducible to sheer persuasiveness. (shrink)

Strawson argues that we should understand moral responsibility in terms of our practices of holding responsible and taking responsibility. The former covers what is commonly referred to as backward-looking responsibility , while the latter covers what is commonly referred to as forward-looking responsibility . We consider new technologies and interventions that facilitate assignment of responsibility. Assigning responsibility is best understood as the second- or third-personal analogue of taking responsibility. It establishes forward-looking responsibility. But unlike taking responsibility, it establishes forward-looking responsibility (...) in someone else. When such assignments are accepted, they function in such a way that those to whom responsibility has been assigned face the same obligations and are susceptible to the same reactive attitudes as someone who takes responsibility. One family of interventions interests us in particular: nudges. We contend that many instances of nudging tacitly assign responsibility to nudgees for actions, values, and relationships that they might not otherwise have taken responsibility for. To the extent that nudgees tacitly accept such assignments, they become responsible for upholding norms that would otherwise have fallen under the purview of other actors. While this may be empowering in some cases, it can also function in such a way that it burdens people with more responsibility that they can (reasonably be expected to) manage. (shrink)

In this review, I propose that the core contribution of Skeaff's book is to supplement existing discourses of non-domination and agonistic politics with the distinctly Spinozist concept of immanent normativity. However, I question whether this immanent normativity is so clearly and efficaciously democratic as Skeaff presumes.

The aim of this study is to proof the argument – i.e. ‘there are significant linkages amongst tolerance, hybrid identities and migration.’ These linkages can be comprehended by means of conceptualising extensions of hybrid identities in aggregate trans/inter-migration processes. It can be put forward that arising hybrid identities are embedded in a blurring structure of thoughts, beliefs, states of affairs, facts, belongings and so forth. From multiculturalism and cosmopolitanism viewpoints, it is argued that tolerance and migration ought to be analysed (...) in frame of sociology of law, human rights, international migration law, and of course the European Union law. So far, normative arguments and soft law approaches are very much well integrated with social aspects of migration, tolerance, identity and culture. In this context, the study examines to what extent cultural and human components are protected by law in multiple levels from an interdisciplinary perspective. In this framework, it is crucial to raise the research enquiries: What are possible criteria for the limits of tolerance? To what extent tolerance is related to human rights and morality? What ought to be the limit of tolerance towards hybrid identities in multicultural and cosmopolitan societies? In a consistent manner, the criteria and standards developed by some leading scholars were reconstructed and discussed throughout this paper. These criteria and standards are both moral (part of a universal system of morality) and legal (international, supranational, or national – i.e. constitutional). In order to apply such standards their validity was discussed (i.e. the respective normative power has the norms at the various levels). In the case of morals, their difference to particular ethnic systems was established (i.e. criteria by which the two can be distinguished). Then the research argument was elaborated on whether and how the legal standards comply with the moral standards, how national standards comply with supranational or international standards. Likewise, the study highlights the crucial contributions of “World Society and World System Paradigms” that are associated with social space, global civil society, cosmopolitanism, ethnic diversity, cultural hybridity, human rights activism and public sphere. Recent debates in Refugee Studies (e.g. Syrian Refugee Crisis, Dual and Multiple Citizenship Issues and so forth) highlight the fact that the European Union needs to consider new aspects of tolerance for hybrid identities and tolerate cultural rights of hybrid identities, create cohesion in communities and establish intercultural dialogue amongst home-states and host-states. Sanguinely, the efforts of hybrid identities are strengthening the relations between home-host states and these ought to attract some considerable attention. The authors of this study hope that their endeavours may contribute somewhat towards that. (shrink)

This paper discusses Claytons theory on Comprehensive enrolment of children by their parents. This paper supports Claytons view that we should not enrol children. However, Cameron raises objections which cause problems for the application of this framework. Namely, the cost of giving up a belief, choices made for us in childhood and the application of the PRR (Public Reason Restriction) to the way the parent-child relationship should function. Some modifications to Clayton’s framework and further debate is required to fully address (...) these issues. The conclusion is that we should be able to enrol children in activities that would be of low future cost if rejected but we should not enrol children in activities of high future rejection cost. This enrolment is tempered by the statement “the fundamental motivation of parents should be to conform with public reason i.e. to treat their children in accordance with norms that are capable of acceptance by any free and equal person”. As Clayton states: “I am not ruling out the imposition of a comprehensive doctrine on the child. I am rejecting its imposition in the absence of an argument from public reason”. The structure of this essay is as follows: In Section One I explore Clayton’s theories of end state autonomy and autonomy as a precondition, I then look at the plausible relationship between the state-citizen and child-parent relationships. The Public Reason Restriction is then examined in connection with comprehensive enrolment. In the next section, I look at objections to Clayton’s view from Cameron and any subsequent replies to this from Clayton. I then conclude by discussing the differences between the two views and add my own view to this. (shrink)

In the context of the perpetual reproduction of consumerism in contemporary western societies, the varied and often contradictory principles of third wave feminism have been misunderstood or redefined by the dominant economic discourse of the markets. The lack of homogeneity in the theoretical debates of the third wave feminism seems to be a vulnerable point in the appropriation of its emancipatory ideals by the post-modern consumerist narratives. The beauty norm, particularly, brings the most problematic questions forth in the contemporary feminist (...) dialogues. In this paper I will examine the validity of the concept of empowerment through practices of the body, practices that constitute the socially legitimized identity of women in a consumerist western society. My thesis is that the beauty norm is constructed as a socio-political instrument in order to preserve the old, patriarchal regulation of women’s bodies. Due to the power of invisibility of the new mechanisms of social control and subjection, the consumerist discourse offers the most effective political tool for gender inequality and a complex discussion about free will and emancipation in third wave feminism debates. This delicate theoretical issues question not only the existent social order, but the very political purposes of contemporary feminism. (shrink)

I argue here that the existence of hermeneutical injustice as a pervasive feature of our collective linguistic and conceptual resources undermines the originalist task at two levels: one procedural, one substantive. First, large portions of society were (and continue to be) systematically excluded from the process of meaning creation when the Constitution and its Amendments were adopted, so originalism relies on enforcement of a meaning that was generated through an undemocratic process. Second, the original meaning of some words in those (...) texts may be substantively objectionable as a result because they fail to capture the relevant experiences of affected people at the time even if they accurately capture the conceptual understanding of reasonable people at the time, and this substantive failing may infect the text’s democratic legitimacy. To the extent that it can be overcome, overcoming this epistemic problem will require originalists to take seriously the insights of critical theory, understood in this Note as a normative inquiry into the historical context of the language and meaning of statutory text. Because originalists are already committed to a nominally descriptive inquiry into this context, and because this nominally descriptive inquiry masks the inherently normative aspects of the hermeneutical landscape, the switch to an explicitly normative inquiry may prove quite painless. (shrink)

According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions supported by the relevant (...) reasons (e.g. keeping a valid promise or respecting property) can be argued to have a certain kind of value, I argue that this value presupposes a moral right, and therefore cannot explain the reason. Reflection on such cases suggest the conclusion that reasons that are subject to normative powers are generally not value-based. This also has important implications for the dialectic between ‘value-first’ and ‘reasons-first’ approaches to normativity. (shrink)

The normative mechanics of promising seem complex. The strength and content of promissory obligations, and the residual duties they entail upon being violated, have various surprising features. We give an account to explain these features. Promises have a point. The point of a promise to φ is a promise-independent reason to φ for the promisee’s sake. A promise turns this reason into a duty. This explains the mechanics of promises. And it grounds a nuanced picture of immoral promises, an (...) argument against promissory bare wrongings, and a constraint on theories of why we have promissory obligations in the first place. (shrink)

Joint practical deliberation is the activity of deciding together what to do. In this dissertation, I argue that several speech acts that we can use to alter our moral obligations – promises, offers, requests, demands, commands, and agreements – are moves within joint practical deliberation. -/- The dissertation begins by investigating joint practical deliberation. The resulting account implies that joint deliberation is more flexible than we usually recognize, in two ways. First, we can make joint decisions not only about what (...) we will do together, but also about what you or I will do alone. Second, we can deliberate by means of two distinct methods: propose-and-ratify, in which a proposed joint decision must be explicitly accepted to come into effect, and propose-and-challenge, in which a proposed joint decision comes into force unless it is explicitly challenged. -/- Varying these parameters generates a botany of different kinds of proposals we can make within joint deliberation. When we look at these proposals more closely, we make a surprising discovery: for each kind of proposal we can make in joint practical deliberation, there is an everyday speech act with the very same properties. A certain kind of proposal to make a joint decision regarding one’s own actions has the same normative effects, under the same conditions, as a promise. One kind of proposal to make a joint decision regarding one’s addressee’s actions has all the essential features of a command; another kind of deliberative proposal – with the same content but a different method of evaluation – looks exactly like a request. And so on. -/- These similarities are too systematic to be coincidental. The only explanation, I argue, is that these ordinary speech acts are identical to their doppelgängers within joint practical deliberation. Promises and offers are proposals to make joint decisions about what I will do. Commands, demands, and requests are proposals to make joint decisions about what you will do. And agreements are joint decisions about what we will do. Call this the deliberative theory of these speech acts. -/- Considering each speech act in turn, I defend the deliberative theory by arguing that it provides a uniquely powerful explanation of its targets’ social and moral significance. Once we see how naturally these speech acts fall out of our practice of joint deliberation, theories that treat them as sui generis – as many moral philosophers now do – will come to seem redundant and nonexplanatory. Conversely, thinking of promises, offers, commands, demands, requests, and agreements as moves within joint practical deliberation allows us to give an elegant and generative theory of these phenomena that have confounded moral philosophers for so long. (shrink)