According to the norm of policy equipoise, it is permissible to randomly assign participants to two or more interventions in a public policy randomized controlled trial (RCT) when there is meaningful uncertainty among the relevant expert community regarding which intervention is superior. While this norm is gaining traction in the research ethics literature, the idea of interventional superiority remains unclear. Is one intervention superior to another if it is reasonably expected to realize one outcome of interest more effectively, even though (...) there is uncertainty regarding other outcomes of interest? Or must an intervention be reasonably expected to realize all outcomes of interest more effectively? I address this question in this paper. My aim is to develop and defend an account of interventional superiority for policy RCTs that are authorized, funded, or conducted by government institutions. I defend the greatest value view, according to which one intervention is superior to another if and only if it is reasonably expected to more effectively realize a set of outcomes with greater value. (shrink)

According to factive accounts of the norm of belief and decision-making, you should not believe or base decisions on a falsehood. Even when the evidence misleadingly suggests that a false proposition is true, you should not believe it or base decisions on it. Critics claim that factive accounts are counterintuitive and badly mischaracterize our ordinary practice of evaluating beliefs and decisions. This paper reports four experiments that rigorously test the critic’s accusations and the viability of factive accounts. The results undermine (...) the accusations and provide the best evidence yet of factive norms of belief and decision-making. The results also help discriminate between two leading candidates for a factive norm: truth and knowledge. Knowledge is the superior candidate. (shrink)

This paper presents a new argument to defend the normativity of meaning, specifically the thesis that there are no meanings without norms. The argument starts from the observation inferentialists have emphasized that incompatibility relations between sentences are a necessary part of meaning as it is understood. We motivate this approach by showing that the standard normativist strategy in the literature, which is developed in terms of veridical reference that may swing free from the speaker’s understanding, violates the ought-implies-can principle, but (...) ours does not. In addition, our approach is superior because, unlike the representationalist approach, it can be extended from declarative sentences to non-representational uses of language. In this paper, however, we only formulate the argument for the base case that involves incompatibility relations between declarative sentences. The goal is not to derive norms from something that is not normative, but to explicate the distinctive type of normativity that is built into meaning as it is understood by language-users. The explication proceeds in two steps. (1) For any sentence s a speaker understands, there is an incompatible sentence s’ the speaker understands to be incompatible with s. (2) In virtue of understanding this incompatibility of meanings, she ought not to be committed to both s and s’. This prohibition is not derived from instrumental practical reason, nor is it based on representational correctness, but its source is the incompatibility of meanings. (shrink)

The querelle des femmes was an intellectual debate over the status of women that occurred in the early modern period, between the 1400s and 1700s. A common argument for the superiority of men and inferiority of women that appeared during the debate is that women are less physically strong than men, and are therefore inferior. In response, two distinct argumentative strategies were developed by defenders of women. First, some argued that men and women did not in fact differ in physical (...) strength. A second strategy was to deny that physical strength is relevant to the question of superiority. In this case, one would argue that a difference in strength is not normatively relevant to evaluations of worth. I argue that this second strategy was the more effective response to the argument that women were inferior because of their alleged physical weakness compared to men. (shrink)

Here I advance a unified account of the structure of the epistemic normativity of assertion, action, and belief. According to my Teleological Account, all of these are epistemically successful just in case they fulfill the primary aim of knowledgeability, an aim which in turn generates a host of secondary epistemic norms. The central features of the Teleological Account are these: it is compact in its reliance on a single central explanatory posit, knowledge-centered in its insistence that knowledge sets the fundamental (...) epistemic norm, and yet fiercely pluralistic in its acknowledgment of the legitimacy and value of a rich range of epistemic norms distinct from knowledge. Largely in virtue of this pluralist character, I argue, the Teleological Account is far superior to extant knowledge-centered accounts. (shrink)

Given the explanatory stalemate between ‘embedded’ (EMB) and ‘extended’ (EXT) cognition, various authors have proposed normative and moral arguments in favour of EXT. According to what we call the “extended cognition moral narrative” (EXT-MN) (Cassinadri, 2022), we should embrace EXT and dismiss EMB, because the former leads to morally preferable consequences with respect to the latter. In this article we argue that two arguments following the EXT moral narrative are flawed. In Sect. 2.1 and 2.2, we present respectively King (...) (2016) and Vold’s (2018) ‘argument from assessment of capacities’ (AAC) and Clowes (2013), Farina and Lavazza’s (2022a) ‘cognitive diminishment argument’ (CDA). The AAC states that we should embrace EXT over EMB since the former is better at attributing cognitive credit to individuals with learning disabilities who use assistive tools to complete their learning tasks, thus avoiding their marginalisation. The CDA states that EMB implies a morally undesirable picture of the agent in terms of cognitive diminishment. In Sect. 3, we clarify and criticise the underlying assumptions of the AAC and CDA: the “cognitive credit assumption”, the “marginalisation assumption” and, more generally, an ableist conception of disabled agency. In Sect. 3.1, we discuss the role of moto-perceptual skills and metacognitive credit involved in complex cases of tool-use, to demonstrate that the EXT-MN is uninformative in addressing these cases. To conclude, in Sect. 4 we argue that AAC and CDA fail to present EXT as descriptively and normatively superior to EMB. (shrink)

I argue that Davidson's conception of motivating reasons as belief-desire pairs suggests a model of normative reasons for action that is superior to the orthodox conception according to which normative reasons are propositions, facts, or the truth-makers of such facts.

When and why do socially constructed norms—including the laws of the land, norms of etiquette, and informal customs—generate moral obligations? I argue that the answer lies in the duty to respect others, specifically to give them what I call “agency respect.” This is the kind of respect that people are owed in light of how they exercise their agency. My central thesis is this: To the extent that (i) existing norms are underpinned by people’s commitments as agents and (ii) they (...) do not conflict with morality, they place moral demands on us on agency-respect grounds. This view of the moral force of socially constructed norms, I suggest, is superior to views that deny the moral force of such norms, and it elegantly explains certain instances of wrongdoing that would otherwise remain unaccounted for. (shrink)

In this paper, I contrast two approaches to political legitimacy, both influenced by Rawls. One is the classic political liberal picture, according to which a state is legitimate if its “constitutional essentials” could be endorsed by reasonable citizens. The alternative is the idea that what makes a state legitimate is primarily its success at organizing the basic structure in a way that is demonstrably favorable to the governed. Specifically, I suggest that a state is legitimate insofar as it organizes the (...) basic structure in a manner that makes it easier for citizens to behave justly towards one another and adopt autonomous choices. I then move to demonstrate the superiority of this normative impact solution to the problem of legitimacy vis-à-vis political liberalism, even when reasonable disagreement about justice is factored in. (shrink)

After outlining sceptical theism (ST) and the fine-tuning argument (FTA), I demonstrate how arguments for the former undercut the latter. I then consider and reject three recent proposals for ameliorating the conflict: positive ST, considerations about normative superiors, and appeal to theistic metaethics. I contend, however, that Kirk Durston’s complexity argument for ST does not undercut the FTA but in fact supports it. In defending that thesis, I respond to Climenhaga’s contention that ST undermines all warrant for theistic (...) belief, the FTA included. (shrink)

This paper examines the view that desires are beliefs about normative reasons for action. It describes the view, and briefly sketches three arguments for it. But the focus of the paper is defending the view from objections. The paper argues that the view is consistent with the distinction between the direction of fit of beliefs and desires, that it is consistent with the existence of appetites such as hunger, that it can account for counterexamples that aim to show that (...) beliefs about reasons are not sufficient for desire, such as weakness of will, and that it can account for counterexamples that aim to show that beliefs about reasons are not necessary for desire, such as addiction. The paper also shows how it is superior to the view that desires are appearances of the good. (shrink)

Over the last decade, philosophers of science have extensively criticized the epistemic superiority of randomized controlled trials for testing safety and effectiveness of new drugs, defending instead various forms of evidential pluralism. We argue that scientific methods in regulatory decision-making cannot be assessed in epistemic terms only: there are costs involved. Drawing on the legal distinction between rules and standards, we show that drug regulation based on evidential pluralism has much higher costs than our current RCT-based system. We analyze these (...) costs and advocate for evaluating any scheme for drug regulatory tests in terms of concrete empirical benchmarks, like the error rates of regulatory decisions. (shrink)

Charles Sanders Peirce has commonly been interpreted as a proponent of an epistemic theory of truth. Such a theory has the apparent advantage of directly undercutting radical skepticism, but the disadvantage of implausibly entailing that there are no truths concerning irretrievably lost facts. Recently Andrew Howat has defended Peirce’s epistemic constraint on truth by recasting Peirce’s claim that all truths would be believed following sufficient inquiry, not as constitutive of truth, but as a Wittgensteinian hinge proposition. I begin with a (...) twofold historical reply to Howat: first, Peirce can at least plausibly be read as claiming that the claim in question is analytic of the concept <truth>; and second, while Peirce did think we must accept without evidence the further claim that there are any truths (so characterized), he regarded this further claim not as a Wittgensteinian hinge but as a reasonable hope. I then substantively defend the latter Peircean proposal, arguing that hopes, as against beliefs, are chiefly warranted pragmatically, and so can be warranted even to a sufficient level to render them properly action-guiding in cases where belief in the same proposition would remain unjustified. I conclude by suggesting, first, that this proposal is superior to Wittgenstein’s own epistemology in evading psychologism, and second, that it attractively vindicates the reasonableness of inquiry on Peircean grounds that don’t require an appeal to an implausible epistemic theory of truth. (shrink)

This paper develops a novel competition criterion for evaluating institutional schemes. Roughly, this criterion says that one institutional scheme is normatively superior to another to the extent that the former would engender more widespread political competition than the latter. I show that this criterion should be endorsed by both global egalitarians and their statist rivals, as it follows from their common commitment to the moral equality of all persons. I illustrate the normative import of the competition criterion by exploring (...) its potential implications for the scope of egalitarian principles of distributive justice. In particular, I highlight the challenges it raises for global egalitarians' efforts to justify extending the scope of egalitarian justice beyond the state. (shrink)

The primary explanatory items of Nietzsche’s philosophical psychology are the drives. Such drives, he holds, are arranged hierarchically in virtue of their entering dominance-obedience relations analogous to those obtaining in human societies. This view is puzzling for two reasons. First, Nietzsche’s idea of a hierarchical order among the drives is far from clear. Second, as it postulates relations among subpersonal items that mimic those among persons, Nietzsche’s view seems to trade on the homunculus fallacy. In this paper, I argue that (...) a Hume-inspired dispositional reading of the drives’ order successfully addresses these two problematic issues. Moreover, I argue that my reading is superior to the two main competing interpretations, which I call the vitalistic reading and the normative reading, for these ascribe to Nietzsche a view committed to the homunculus fallacy. (shrink)

Epistemic defeat is standardly understood in either evidentialist or responsibilist terms. The seminal treatment of defeat is an evidentialist one, due to John Pollock, who famously distinguishes between undercutting and rebutting defeaters. More recently, an orthogonal distinction due to Jennifer Lackey has become widely endorsed, between so-called doxastic (or psychological) and normative defeaters. We think that neither doxastic nor normative defeaters, as Lackey understands them, exist. Both of Lackey’s categories of defeat derive from implausible assumptions about epistemic responsibility. (...) Although Pollock’s evidentialist view is superior, the evidentialism per se can be purged from it, leaving a general structure of defeat that can be incorporated in a reliabilist theory that is neither evidentialist nor responsibilist in any way. (shrink)

In this article I argue that a methodological challenge to an integrated history and philosophy of science approach put forth by Ronald Giere almost forty years ago can be met by what I call the Kuhnian mode of History and Philosophy of Science (HPS). Although in the Kuhnian mode of HPS norms about science are motivated by historical facts about scientific practice, the justifiers of the constructed norms are not historical facts. The Kuhnian mode of HPS therefore evades the naturalistic (...) fallacy which Giere’s challenge is a version of. Against the backdrop of a discussion of Laudan’s normative naturalism I argue that the Kuhnian mode of HPS is a superior form of naturalism: it establishes contact to the practice of science without making itself dependent on its contingencies. (shrink)

Consider the claim that openmindedness is an epistemic virtue, the claim that true belief is epistemically valuable, and the claim that one epistemically ought to cleave to one’s evidence. These are examples of what I’ll call “ epistemic discourse.” In this paper I’ll propose and defend a view called “convention-relativism about epistemic discourse.” In particular, I’ll argue that convention-relativismis superior to its main rival, expressivism about epistemic discourse. Expressivism and conventionalism both jibe with anti-realism about epistemic normativity, which is motivated (...) by appeal to philosophical naturalism. Convention-relativism says that epistemic discourse describes how things stands relative to a conventional set of “ epistemic ” values; such discourse is akin to normative discourse relative to the conventional rules of a club. I defend conventionalism by appeal to a “reverse open question argument,” which says, pace expressivism, that epistemic discourse leaves the relevant normative questions open. (shrink)

Climate change policy decisions are inescapably intertwined with future generations. Even if all carbon dioxide emissions were to be stopped today, most aspects of climate change would persist for hundreds of years, thus inevitably raising questions of intergenerational justice and sustainability. -/- The chapter begins with a short overview of discount rate debate in climate economics, followed by the observation that discounting implicitly makes the assumption that natural capital is always substitutable with man-made capital. The chapter explains why non-substitutability matters (...) if we are to take intergenerational justice seriously and invest aptly in mitigation. Non-substitutability simply implies that there are some forms of capital that cannot be substituted by another, and so consumption of one cannot be compensated with additional stocks of the other. The non-substitutability of critical natural capital can be defended without empirical data about preferences or the need to view the environment as a superior good, and the argument is presented through the language of keeping options open. -/- Those alive today make decisions about what natural capital to use and what to save for future. These choices are often represented as different points in a continuum of sustainability: weak sustainability is associated with a high degree of substitutability and therefore a lot of flexibility over what capital to consume, whereas strong sustainability is more stringent on substitutability. While it may be that in economical understanding weak and strong sustainability collapse into one another, philosophically the emphasis is slightly different. The chapter discusses how normative sustainability can be supported without ignoring opportunity costs and trade-offs. (shrink)

By exercising their (imperfect) capacity to discriminate, people try to recognize and to understand some important differences between things that make them prefer some things to other. In this article I will use my ability to discriminate between people and societies according to a principle which plays the role of attractor, both at individual and societal levels, namely the principle of peaceable conduct. This principle allows us to discriminate at the civic level between the people who have a civilized conduct (...) and those who manifest an aggressive conduct. The category of civilized people includes individuals who (a) respect the life and bodily integrity of their fellows, (b) practice self-control, not control over others and (c) do not claim, through coercive means, the goods that their fellows have obtained by making free and peaceful use of their own faculties and capabilities. The category of aggressive people reunites (a) murderers (those who endanger the lives of their fellow), (b) tyrants (those who beslave their fellows by taking control of some of their faculties) and (c) thieves (those who claim the goods of their fellows without their consent). The civilized conduct requires high standards of action of the people who embrace it and, implicitly, considerable physical and psychical costs. The primary impulses originating in our lower Self blatantly contradict the respect for life, liberty and property of our fellows, so that it seems impossible for them to be controlled only by personal effort. Therefore, it is vital that the energy allotted to peaceable conduct by our higher Self be superior to the energy which it spontaneously mobilizes in support of the primary impulses of our lower Self. This can be achieved by feeding the people with the social energy of certain social emotions in the process of internalizing the norms of peaceable conduct. Among these emotions, contempt and shame, respectively anger and guilt stand out through the predominance of the moral dimension and force of shaping human conduct. They underlie two different moral systems – “shame morality”, and “guilt morality” respectively – that support our peaceable conduct and, ipso facto, our civilized life. (shrink)

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

Amartya Sen has made a major contribution to the theory of social justice, and of gender justice, by arguing that capabilities are the relevant space of comparison when justice-related issues are considered. This article supports Sen's idea, arguing that capabilities supply guidance superior to that of utility and resources (the view's familiar opponents), but also to that of the social contract tradition, and at least some accounts of human rights. But I argue that capabilities can help us to construct a (...) normative conception of social justice, with critical potential for gender issues, only if we specify a definite set of capabilities as the most important ones to protect. Sen's "perspective of freedom" is too vague. Some freedoms limit others; some freedoms are important, some trivial, some good, and some positively bad. Before the approach can offer a valuable normative gender perspective, we must make commitments about substance. (shrink)

Advocates of political liberalism hold it as a superior alternative to perfectionism on the grounds that it avoids superfluous and/or controversial claims in favor of a maximally-inclusive approach undergirded by a "free-standing" justification for the ideology. These assertions prove difficult to defend: political interpretations of liberalism tend to be implicitly ethnocentric; they often rely upon a number of controversial, and even empirically falsified, assumptions about rationality--and in many ways prove more parochial than their perfectionist cousins. It is possible to reform (...) political liberalism to address these challenges, but generally at the expense of the supposed normative force and universality of the liberal project. However, this para-liberal approach is much better in keeping with contemporary findings in sociology, psychology and cognitive science--and can much more effectively accommodate the illiberal challenge. (shrink)

A prominent way of justifying civil disobedience is to postulate a pro tanto duty to obey the law and to argue that the considerations that ground this duty sometimes justify forms of civil disobedience. However, this view entails that certain kinds of uncivil disobedience are also justified. Thus, either a) civil disobedience is never justified or b) uncivil disobedience is sometimes justified. Since a) is implausible, we should accept b). I respond to the objection that this ignores the fact that (...) civil disobedience enjoys a special normative status on account of instantiating certain special features: nonviolence, publicity, the acceptance of legal consequences, and conscientiousness. I then show that my view is superior to two rivals: the view that we should expand the notion of civility and that civil disobedience, expansively construed, is uniquely appropriate; and the view that uncivil disobedience is justifiable in but only in unfavorable conditions. (shrink)

Over the course of human history there appears to have been a global shift in moral values towards a broadly ‘liberal’ orientation. Huemer argues that this shift better accords with a realist than an antirealist metaethics: it is best explained by the discovery of mind-independent truths through intuition. In this article I argue, contra Huemer, that the historical data are better explained assuming the truth of moral antirealism. Realism does not fit the data as well as Huemer suggests, whereas antirealists (...) have underappreciated resources to explain the relevant historical dynamics. These resources include an appeal to socialization, to technological and economical convergences, to lessons learned from history, to changes induced by consistency reasoning and to the social function of moral norms in overcoming some of the cooperation problems that globalizing societies face. I point out that the realist’s explanans has multiple shortcomings, that the antirealist’s explanans has several explanatory virtues, and conclude that the latter provides a superior account of the historical shift towards liberal values. (shrink)

‘Heritage’ is a concept that often carries significant normative weight in moral and political argument. In this article, I present and critique a prevalent conception according to which heritage must have a positive valence. I argue that this view of heritage leads to two moral problems: Disowning Injustice and Embracing Injustice. In response, I argue for an alternative conception of heritage that promises superior moral and political consequences. In particular, this alternative jettisons the traditional focus on heritage as a (...) primarily positive relationship to the past, and thus offers resources for coming to terms with histories of injustice. (shrink)

PurposeThe purpose of this paper is to introduce an interpretive approach to examining the relation between information and communication technologies (ICTs) and the good life, based on Michael Walzer's view of (connected) social criticism.Design/methodology/approachThrough a discussion of Michael Walzer's view of social criticism, an interpretive approach to normative analysis of ICTs and the good life is introduced. The paper also offers an additional argument for the indispensability of prudential appraisals of ICTs in normative analysis of ICTs and the (...) good life, which in turn strengthens the basis for the Walzerian approach proposed in the paper.FindingsIt is argued that an interpretive approach to normative analysis of ICTs and the good life, i.e. the Walzerian approach, is as viable as – if not superior to – a theory‐driven approach. It is also argued that actual appraisals of ICTs and the good life must be taken into account in the normative analysis.Originality/valueIt is only recently that “the good life” has become more visible in normative analysis of ICTs. This paper continues this relatively new line of research and proposes an alternative approach – as opposed to a theory‐driven approach – to this research programme. (shrink)

What attitude should philosophers take toward their favorite philosophical theories? I argue that the answer is belief and middling to low credence. I begin by discussing why disagreement has motivated the view that we cannot rationally believe our philosophical theories. Then, I show why considerations from disagreement actually better support my view. I provide two additional arguments for my view: the first concerns roles for belief and credence and the second explains why believing one’s philosophical theories is superior to accepting (...) them. I close by addressing objections, including implications my view has for the Lockean thesis, the view that there is a normative connection between belief and high credence. (shrink)

Disagreement is a ubiquitous feature of human life, and philosophers have dutifully attended to it. One important question related to disagreement is epistemological: How does a rational person change her beliefs (if at all) in light of disagreement from others? The typical methodology for answering this question is to endorse a steadfast or conciliatory disagreement norm (and not both) on a priori grounds and selected intuitive cases. In this paper, I argue that this methodology is misguided. Instead, a thoroughgoingly Bayesian (...) strategy is what's needed. Such a strategy provides conciliatory norms in appropriate cases and steadfast norms in appropriate cases. I argue, further, that the few extant efforts to address disagreement in the Bayesian spirit are laudable but uncompelling. A modelling, rather than a functional, approach gets us the right norms and is highly general, allowing the epistemologist to deal with (1) multiple epistemic interlocutors, (2) epistemic superiors and inferiors (i.e. not just epistemic peers), and (3) dependence between interlocutors. (shrink)

Chapter 1 of this book argued that moral philosophy should be based on seven principles of theory selection adapted from the sciences. Chapter 2 argued that these principles support basing normative moral philosophy on a particular problem of diachronic instrumental rationality: the ‘problem of possible future selves.’ Chapter 3 argued that a new moral principle, the Categorical-Instrumental Imperative, is the rational solution to this problem. Chapter 4 argued that the Categorical-Instrumental Imperative has three equivalent formulations akin to but superior (...) to Kant’s formulations of the Categorical Imperative. Chapter 5 argued that my principle’s three formulations make it rational to adopt a Moral Original Position to derive moral principles. The present chapter derives Four Principles of Fairness from the Moral Original Position--principles of coercion minimization, mutual assistance, fair negotiation, and virtue—and unifies them into a single principle of rightness: Rightness as Fairness. Finally, this chapter argues that Rightness as Fairness entails a novel approach to applied ethics called ‘principled fair negotiation’, illustrating how the theory provides a plausible new framework for addressing applied cases including lying, suicide, trolleys, torture, distribution of scarce resources, poverty, and the ethical treatment of animals. (shrink)

The Problem of Obligation is the problem of how to explain the features of moral obligations that distinguish them from other normative phenomena. Two recent accounts, the Second-Personal Account and the Relational Account, propose superficially similar solutions to this problem. Both regard obligations as based on the claims or legitimate demands that persons as such have on one another. However, unlike the Second-Personal Account, the Relational Account does not regard these claims as based in persons’ authority to address them. (...) Advocates of the Relational Account accuse the Second-Personal Account of falling prey to the Problem of Antecedence. According to this objection, the Second-Personal Account is committed to the implausible claim that we have an obligation to φ only if, and because, others demand that we φ. Since the Relational Account’s proposed solution to the Problem of Obligation does not face the Problem of Antecedence, its advocates argue that it is dialectically superior to the Second-Personal Account. In this paper, I defend the Second-Personal Account by arguing that, first, the Relational Account does not actually solve the Problem of Obligation and, second, the Second-Personal Account does not fall prey to the Problem of Antecedence. (shrink)

Empirical research into moral decision-making is often taken to have normative implications. For instance, in his recent book, Greene (2013) relies on empirical findings to establish utilitarianism as a superior normative ethical theory. Kantian ethics, and deontological ethics more generally, is a rival view that Greene attacks. At the heart of Greene’s argument against deontology is the claim that deontological moral judgments are the product of certain emotions and not of reason. Deontological ethics is a mere rationalization of (...) these emotions. Accordingly Greene maintains that deontology should be abandoned. This paper is a defense of deontological ethical theory. It argues that Greene’s argument against deontology needs further support. Greene’s empirical evidence is open to alternative interpretations. In particular, it is not clear that Greene’s characterization of alarm-like emotions that are relative to culture and personal experience is empirically tenable. Moreover, it is implausible that such emotions produce specifically deontological judgments. A rival sentimentalist view, according to which all moral judgments are determined by emotion, is at least as plausible given the empirical evidence and independently supported by philosophical theory. I therefore call for an improvement of Greene’s argument. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Following Talia Mae Bettcher, many philosophers distinguish between ethical and epistemic conceptions of the first-person authority that we have over our gender identities. Rather than construing this authority as explained by our superior epistemic access to our own gender identities, many have argued that we should view this authority as explained by ethical obligations that we have towards others. But such views remain silent on what we ought to believe about others’ gender identities: when someone avows their gender identity, should (...) we believe them? Or is it enough to merely act as though we do? In this paper, I argue that mere action is not enough: we ought to believe what others say about their gender identities. I present several cases that motivate the claim that there is something distinctively wrong with merely ‘playing along’ with what another person says about their gender identity. I offer several answers for what explains why such cases involve wrongs. I argue that an adequate account of FPA cannot remain silent on belief but must instead take on an epistemic norm of FPA in addition to an ethical norm of FPA. (shrink)

Much contemporary political philosophy claims to be Kant-inspired, but its aims and method differ from Kant's own. In his recent book, Force and Freedom, Arthur Ripstein advocates a more orthodox Kantian outlook, presenting it as superior to dominant (Kant-inspired) views. The most striking feature of this outlook is its attempt to ground the whole of political morality in one right: the right to freedom, understood as the right to be independent of others’ choices. Is Ripstein's Kantian project successful? In this (...) research note I argue that it is not. First, I suggest that Ripstein's notion of freedom is viciously circular. It is meant to ground all rights, but in fact it presupposes an account of those rights. Second, I show that—independently of its inability to ground a whole political morality—such a moralized understanding of freedom is normatively unappealing. (shrink)

This article argues that manipulation is negligent influence. Manipulation is negligent in the sense that manipulators do not chose their method of influence because for its potential to reveal reasons to their victims. Thus, manipulation is a lack of care, or negligence, exclusively understood exclusively in terms of how one influences. That makes the proposed account superior to the most influential alternative, which analyses manipulation disjunctively as violation of several distinct types of norms. The implication is a paradigm shift in (...) understanding manipulation in terms of what manipulators intend to do toward a focus on what they fail to do or intend. (shrink)

Alex Gregory (2017a; 2017b; 2018; 2021) provides an ingenious, systematic defence of the view that desires are a species of belief about normative reasons. This view explains how desires make actions rationally intelligible. Its main rival, which is attractive for the same reason, says that desires involve a quasi-perceptual appearance of value. Gregory (2017a; 2018; 2021) has argued that his view provides the superior explanation of how desires are sensitive to evidence. Here, I show that the quasi-perceptual view fairs (...) better in this regard. Negatively, I argue that Gregory’s view overestimates the evidence-sensitivity of desires and implies that we are systematically mistaken in having different attitudes about desires and beliefs. Positively, I argue that quasi-perceptual appearances of value are brought into the scope of rational control through their dependence on prior representational states. I also provide a novel explanation of why some kinds of desires are resistant to rational control. I propose that desires are produced through exercises of an affective capacity to discriminate value. Variations in the way this capacity is exercised, and its links to prior representational states, can produce systematic insensitivity to evidence in certain kinds of desires. This paper advances the debate around desire on two fronts: first, it performs the neglected task of showing how the quasi-perceptual view can simultaneously explain both the sensitivity and insensitivity to evidence exhibited by desires and, second, it shows how the explanation offered is superior to one of its closest rivals, the view that desires are a species of normative belief. (shrink)

Polarization often happens asymmetrically. One political actor radicalizes, and the results reverberate through the political system. This is how the deep divisions in contemporary American politics arose: the Republican Party radicalized. Republican officeholders began to use extreme legislative tactics. Republican voters became animated by contempt for their political rivals and by the defense of their own social superiority. The party as a whole launched a wide-ranging campaign of voter suppression and its members endorsed violence in the face of electoral defeat. (...) This paper is about how such asymmetric polarization affects everyone else’s obligations. My core claim is that two kinds of relationship – civic friendship and non-subordination – underpin critical democratic norms. Republican misbehavior has severed cross-partisan civic friendships. Their authoritarianism forfeits their claim to non-subordination. The former means that non-Republicans need not justify policy on public grounds. The latter undercuts Republicans’ claim to enjoy minority vetoes when out of power and it gives their rivals reason to disobey the laws that Republicans make when they are in power. More generally, when one political actor contravenes the proper norms of democratic politics, their opposition is not bound by those norms. (shrink)

One is sometimes, but only sometimes, justified in pursuing a suboptimal course of action due to a concern that, in attempting the ideal course, one might fail to follow through and so make the situation even worse. This paper explains why such hedging is sometimes justified and sometimes not. -/- The explanation we offer relies on Elizabeth Anscombe’s distinction between reasons and logoi. Reasons are normative considerations that identify something good or bad that an act will secure or avoid, (...) while logoi constrain which actions one may consider at all. We argue that a careful unpacking of this distinction, in light of Anscombe’s associated notion of natural unintelligibility, explains why hedging is only sometimes justified. First, the intuitively inappropriate cases of hedging all involve treating logoi as though they had the normative bearing of reasons. Second, the action-theoretic differences between reasons and logoi ground a principled explanation of why one may hedge when considering reasons but not when considering logoi. -/- Having made this argument, we then show how our approach to hedging is superior to the two approaches recently developed by Berislav Marušić and Stephen White. First, we show that their accounts give counter-intuitive results in some cases. Second, we argue that their accounts violate a plausible principle of interpersonal parity (i.e., they sometimes allow us to consider the faults of others while precluding us from considering our own faults). Finally, we argue that our account better explains how intuitions shift as we vary the details of cases. (shrink)

This paper argues that the innovation of an ordering source parameter in the standard Lewis-Kratzer semantics for modals was a mistake, at least for English auxiliaries like ‘ought’, and that a simpler dyadic semantics (as proposed in my earlier work) provides a superior account of normative uses of modals. I programmatically investigate problems arising from (i) instrumental conditionals, (ii) gradability and “weak necessity”, (iii) information-sensitivity, and (iv) conflicts, and show how the simpler semantics provides intuitive solutions given three basic (...) moves: (1) an end-relational analysis of normative modality, (2) a “most” analysis of “weak necessity”, and (3) well-motivated appeals to pragmatics. I conclude with metasemantic observations about the desiderata for a semantics for ‘ought’. (shrink)

Both Martin Heidegger and Harry Frankfurt have argued that the fundamental feature of human identity is care. Both contend that caring is bound up with the fact that we are finite beings related to our own impending death, and both argue that caring has a distinctive, circular and non-instantaneous, temporal structure. In this paper, I explore the way Heidegger and Frankfurt each understand the relations among care, death, and time, and I argue for the superiority of Heideggerian version of this (...) nest of claims. Frankfurt claims that we should conceive of the most basic commitments which practically orient a person in the world and define his identity (“volitional necessities”) as naturalistic facts, foundational for and located completely without the normative space of reasons. In support of this he appeals to the supposedly foundational role played in human life by the instinct for self-preservation, what Frankfurt calls the “love of living.” The claim is that in questions of practical identity there is a definite priority of the factual over the normative. Frankfurt’s naturalistic model of volitional necessity is motivated by a misunderstanding of the temporal structure of care, a misunderstanding that helps lead him to an implausible conception of the basic structures of human identity. Heidegger advances an anti-naturalistic conception of caring, one bound up with his way of understanding how human beings relate to their own future. I argue that the existential, temporal, and normative significance that Frankfurt attributes to the naturalized “love of living” is better captured by the Heideggerian claim that human identity is defined by being “for-the-sake-of” certain projects and commitments, a way of being lived out in the way Heidegger calls “being-towards-death.”. (shrink)

Imre Lakatos' conception of the history of science is explicated with the purpose of replying to criticism leveled against it by Thomas Kuhn, Ian Hacking, and others. Kuhn's primary argument is that the historian's internal—external distinction is methodologically superior to Lakatos' because it is "independent" of an analysis of rationality. That distinction, however, appears to be a normative one, harboring an implicit and unarticulated appeal to rationality, despite Kuhn's claims to the contrary. Lakatos' history, by contrast, is clearly the (...) history of a normatively defined discipline; of science and not scientists and their activities. How such history can be written, the historiographic and critical tools available for its construction, and its importance as history, are considered in detail. In an afterword, the prevalence of Lakatos' treatment of history in philosophical discussion is indicated: A related approach is shown to arise in social contract theory. (shrink)

I argue that representations of the Muslim woman in the Western imaginary function as counter-images to the patriarchal ideal of Western woman. Drawing upon the work of Frantz Fanon (and supplementing it with a consideration of the role of gender), I show how the image of the veiled, Muslim woman is both othered and racialized. This “double othering,” I argue, serves: (i) To normalize Western norms of femininity. The social control of women and their bodies by liberal society is hidden. (...) Gender oppression is rather projected onto Muslim women, and identified with their societies, while remaining invisible within Western society. Western womanhood is taken to be “free” of such oppression. (ii) To deflect attention away from Western patriarchy, and promote complicity on the part of Western women with this society rather than other women. (iii) To represent Western femininity as an ideal that solicits women’s complicity universally. The attempt is to establish the superiority of Western society and its gender norms and morally justify the domination of other societies (in the name of civilization and the liberation of women). (shrink)

Yong Huang presents criticisms of Neo-Aristotelian meta-ethical naturalism and argues Zhu Xi’s Neo-Confucian approach is superior in defending moral realism. After presenting Huang’s criticisms of the Aristotelian metaethical naturalist picture, such as that of Rosalind Hursthouse, I argue that Huang’s own views succumb to the same criticisms. His metaethics does not avoid an allegedly problematic ‘gap,’ whether ontological or conceptual, between possessing a human nature and exemplifying moral goodness. This ontological gap exists in virtue of the fact that it is (...) possible for there to be bad people, and the conceptual gap exists in virtue of the fact that people are not ‘good’ (in that sense of being a good agent) merely because they are human. Aristotelians and Confucians both should reject that such gaps are problematic. I conclude by proposing that Huang is better understood as criticizing the Aristotelian move from scientific-empirical facts about human nature to the objective prescriptivity of moral norms. But so too I argue that Confucians should not follow Huang here either. There is good scientific evidence that would be supportive of a Confucian analysis of social virtues and provide one way of responding to those worries about the scientific-empirical accessibility of facts about the good life. (shrink)

According to content-relativist theories of moral language, different speakers use the same moral sentences to say different things. Content-relativism faces a well-known problem of lost disagreement. Recently, numerous content-relativists (including the author) have proposed to solve this problem by appeal to various kinds of non-content-based, or broadly pragmatic, disagreement. This presents content-relativists with a new problem—of found agreement. Which (if any) of these newly identified kinds of conflict is correctly identified as the lost moral disagreement we were looking for? This (...) paper offers a critical comparison of different content-relativist proposals. It divides them into two broad categories, quasi-expressivist theories (QED) and metalinguistic theories (MLD). Objections to each are considered, and QED is tentatively found to be superior. (shrink)

The paper discusses the notion of reasoning with comparative moral judgements (i.e judgements of the form “act a is morally superior to act b”) from the point of view of several meta-ethical positions. Using a simple formal result, it is argued that only a version of moral cognitivism that is committed to the claim that moral beliefs come in degrees can give a normatively plausible account of such reasoning. Some implications of accepting such a version of moral cognitivism are discussed.

In lieu of an abstract, here is a brief excerpt of the content:BENEDICT, THOMAS, OR AUGUSTINE? THE CHARACTER OF MACINTYRE'S NARRATIVE CHRISTOPHER J. THOMPSON University of St. Thomas St. Paul, Minnesota Introduction I N HIS Three Rival Versions of Moral Enquiry1 Alasdair Macintyre continues (with certain modifications) in a similar trajectory established in two earlier works, After Virtue and Whose Justice? Which Rationality? Against postEnlightenment portraits of moral reasoning, he consistently defends a conception of practical rationality which entails the recognition (...) of tradition, authority, and narrative as constitutive components of any rationally determined moral enquiry. Despite the consistent appeal to tradition, there is a significant development within Macintyre's reflections regarding the pre-eminent resources we are to draw upon. At the end of After Virtue we are asked to await a "doubtless very different" St. Benedict. In Whose Justice? Which Rationality? the Thomistic tradition emerges as the superior form of moral enquiry. While Thomism maintains a pre-eminence in Three Rival Versions of Moral Enquiry, I suggest that there is an increasingly Augustinian element emerging within his analysis and that this dimension underlies Macintyre's efforts in ways not previously specified. There is a warrant, then, for seeing within Augustine's efforts the paradigmatic "narrative form of moral enquiry." 1Alasdair Macintyre, Three Rival Versions of Moral Enquiry (Notre Dame: University of Notre Dame Press, 1990). Hereafter RV. 379 380 CHRISTOPHER J. THOMPSON That Augustine figures in Macintyre's reception of the Thomistic tradition is not necessarily striking, for part of what fuels Macintyre's increasing enthusiasm for St. Thomas is precisely the latter's capacity to draw upon the best of the Augustinian tradition of enquiry. Beyond what Macintyre himself has overtly recognized as Augustine's contribution to the thought of St. Thomas, however, I suggest that elements of Augustine's thought directly influence much of Macintyre 's own attempts at restoring a kind of tradition-guided enquiry. This Augustinian strain, moreover, not only serves to highlight features of Macintyre's analysis of Thomism, but also brings to light certain theological presuppositions essential to the kind of moral enquiry Macintyre hopes to retrieve. The character of Macintyre's narrative, then, leads us to St. Augustine. In After Virtue it is largely the Aristotelian tradition of enquiry which he defends against rival post-Enlightenment theories of morality. He argues that the analytic, linguistic, and phenomenological tools brought to bear upon the task of formulating a coherent conception of the moral life and moral enquiry have failed miserably, principally for two reasons. The first is that such contemporary efforts have neglected to realize that moral enquiry is embedded in a broader context of social practices, practices which are inevitably historically conditioned; thus a failure to recognize the historically situated character of moral enquiry distorts that account. The second reason is related to the first in that failure to acknowledge the historical character of such enquiry has resulted in a failure to recognize that much of our contemporary terms and tools of moral analysis are remnants from previous contexts of enquiry which are no longer mutually agreed upon nor recognized as relevant.' What has been lost, among other things, is the teleological metaphysics which serves as the context for nearly two millennia in the West. Uproot the stock of ethical norms from this tradition 2 For this notion of "moral remnants" surviving beyond the historical contexts in which they emerge, see Alasdair Macintyre, "Ought," Chapter 15 in Against the Self Images ofthe Age (New York: Schocken Books, 1971), 136-156, though in a different context and with very different effect. THE CHARACTER OF MACINTYRE 'S NARRATIVE 381 of enquiry and what remains is simply an amalgam of unrelated moral demands-some divinely sanctioned, some rooted in the passions, some the outburst of emotive whimsy-yet all lacking any coherent exposition.' The only hope is to retrieve something of the Aristotelian tradition of moral enquiry in which the notion of the virtues and the virtuous human person entails a conception of the moral life as bearing a narrative unity, a teleologically ordered whole in which one's actions bear an intrinsic unity and significance to the extent they complement one's telos. The narrative unity ascribed to the living of the good life is... (shrink)

The paper proposes an account of the rational response to higher‐order evidence whose key claim is that whenever we acquire such evidence we ought to engage in the inquiring activity of double‐checking. Combined with a principle that establishes a connection between rational inquiry and rational belief retention, the account offers a novel explanation of the alleged impermissibility of retaining one's belief in the face of higher‐order evidence. It is argued that this explanation is superior to the main competitor view which (...) appeals to the notion of defeat. (shrink)

A moralised conception of freedom is based on a normative theory. Understanding it therefore requires an analysis of this theory. In this paper, I show how republican freedom as non-domination is moralised, and why analysing this concept therefore involves identifying the basic components of the republican theory of justice. One of these components is the non-moralised pure negative conception of freedom as non-interference. Republicans therefore cannot keep insisting that their freedom concept conflicts with, and is superior to, this more (...) basic concept. I demonstrate how we can use pure negative freedom to formulate the republican theory more precisely. This exercise is more fruitful than the common focus on the alleged conflict between the two freedom concepts. (shrink)

Examining the moral sense theories of Francis Hutcheson, David Hume, and Adam Smith from the perspective of the is-ought problem, this essay shows that the moral sense or moral sentiments in those theories alone cannot identify appropriate morals. According to one interpretation, Hume's or Smith's theory is just a description of human nature. In this case, it does not answer the question of how we ought to live. According to another interpretation, it has some normative implications. In this case, (...) it draws normative claims from human nature. Anyway, the sentiments of anger, resentment, vengeance, superiority, sympathy, and benevolence show that drawing norms from human nature is sometimes morally problematic. The changeability of the moral sense and moral sentiments in Hume's and Smith's theories supports this idea. Hutcheson's theory is morally more appropriate because it bases morality on disinterested benevolence. Yet disinterested benevolence is not enough for morality. There are no sentiments the presence of which alone makes any action moral. (shrink)