Most self-identified libertarians unwittingly have a moral muddle without a central factual theory of liberty. They cannot yet see that they first need to sort out what liberty is, and therefore entails if instantiated, and only after that can moral questions about it be coherently raised and tackled.

What is it that one fundamentally rejects when one criticizes a way of thinking as moralistic? Taking my cue from the principal leveller of this charge in philosophy, I argue that the root problem of moralism is the dualism that underlies it. I begin by distinguishing the rejection of moralism from the rejection of the moral/nonmoral distinction: far from being something one should jettison along with moralism, that distinction is something that any human society is bound to (...) develop. But this valuable distinction is transformed into a problematic dualism when it casts the two sides of the distinction as contrasting sharply in nature, value, and structure. In ethics, the resulting dichotomy takes the form of a dualism of morality and prudence. In politics, it takes the form of a dualism of principle and interest. I explain the enduring appeal of such dualisms before laying out the costs of moralism thus conceived: moralism erodes our sensibility to the moral and political costs of value conflicts; it projects an unrealistic conception of agency that sets up scepticism about responsibility; and it limits our ability to appreciate and realize the wider variety of nonmoral values that sustain us, our achievements, and morality itself. (shrink)

The aim of this paper is to single out four main kinds of moralism, which might be associated to virtue ethics, and to offer a virtue-ethical response to each. By doing so, I aim at defending virtue ethics, properly understood, from the intrinsic danger of a moralistic drift. I begin by proposing a definition of moralism and a list of its main forms. Then, I list the main features of the virtue-ethical perspective I embrace, and finally, I (...) argue that such normative approach can prevent a moralistic drift. Thus, I conclude that a virtue-ethical approach, thanks to its capacity of reconciling reasons and motives, and to its proposing an agent-related perspective on morality, has an advantage in presenting moral requirements in a non-moralistic fashion. (shrink)

Lately, more and more authors have asserted their belief that one of the criteria which, together with the medical ones, can and should be applied in the policy of selecting and/or prioritizing the patients in need for the allocation of medical resources with limited availability, is the principle of individual responsibility for illness. My intention in this study is to highlight some very serious obstacles looming against the attempt to apply this principle in the distribution of the medical services with (...) limited availability. Although there are numerous such obstacles, I shall only discuss five of them (the most important, in my opinion). These are: 1) the impossibility to establish with certainty whether a patient got ill due to his lifestyle; 2) the lack of a feasible and reliable method of establishing an individual’s responsibility for his lifestyle; 3) a patient’s right to privacy; 4) some moral requirements and principles and, last but not least, 5) the ethics of the medical profession. (shrink)

This paper provides a realist analysis of the EU's legitimacy. We propose a modification of Bernard Williams' theory of legitimacy, which we term critical responsiveness. For Williams, 'Basic Legitimation Demand + Modernity = Liberalism'. Drawing on that model, we make three claims. (i) The right side of the equation is insufficiently sensitive to popular sovereignty; (ii) The left side of the equation is best thought of as a 'legitimation story': a non-moralised normative account of how to shore up belief in (...) legitimacy while steering clear of both raw domination and ideological distortions. (iii) The EU's current legitimation story draws on a tradition of popular sovereignty that sits badly with the supranational delegation and pooling of sovereign powers. We conclude by suggesting that the EU's legitimation deficit may be best addressed demoicratically, by recovering the value of popular sovereignty at the expense of a degree of state sovereignty. (shrink)

A dealbreaker, in the sense developed in this essay, is a relationship between a person's psychology and an aspect of an artwork to which they are exposed. When a person has a dealbreaking aversion to an aspect of a work, they are blocked from embracing the work's aesthetically positive features. I characterize dealbreakers, distinguish this response from other negative responses to an artwork, and argue that the presence or absence of a dealbreaker is in some cases an appropriate target (...) of moral evaluation. I then use the concept of dealbreakers to develop a new approach to the question of our moral obligations with respect to the work of immoral artists, arguing that there is no general obligation binding us to cultivate or eliminate a dealbreaking aversion to their work. I conclude by suggesting several other philosophical debates that could benefit from a focus on dealbreakers. (shrink)

Do salient normative claims about politics require moral premises? Political moralists think they do, political realists think they do not. We defend the viability of realism in a two-pronged way. First, we show that a number of recent attacks on realism, as well as realist responses to those attacks, unduly conflate distinctively political normativity and non-moral political normativity. Second, we argue that Alex Worsnip and Jonathan Leader-Maynard’s recent attack on realist arguments for a distinctively political normativity depends on assuming (...) class='Hi'>moralism as the default view, which places an excessive burden on the viability of realism, and so begs the question. Our discussion, though, does not address the relative merits of realism and moralism, so its upshot is relatively ecumenical: moralism need not be the view that all apt normative political judgments are moral judgments, and realism need not be the view that no apt normative political judgments are moral judgments. (shrink)

In response to critiques of rights as moralistic and depoliticising, a literature on the political nature and contestability of rights has emerged. In this view, rights are not merely formal, liberal and moralistic imperatives, but can also be invoked by the excluded in a struggle against domination. This article examines the limits to this practice of rights-claiming and its implication in forms of domination. It does this by returning to Marx’s blueprint for the critique of subjective rights. This engagement (...) with Marx will, however, take a particular form. I will read Marx first through the eyes of Claude Lefort and thereafter against Lefort. The latter’s critique of Marx still constitutes the strongest case against the dismissal of subjective rights. Introducing a reading of Lefort into the argument allows us to discover what is dead and what is well alive in the Marxist theory of rights. What is dead, I will argue, is Marx’s early conception of subjective rights as ideology and illusion. However, the more mature Marx developed a theory and critique of the legal form that is able to explain why the politics of rights—despite its undeniable advances—has not been able to overcome certain forms of domination. (shrink)

It is a fact that there is ethical criticism about art. Art critics, the general public and even artists point out moral flaws in artworks while evaluating them. Philosophers, however, have maintained a hot debate on the meaning of such criticism. This debate can be understood as a disagreement about the kind of relation between the artistic value of artworks and their alleged moral value. While some claim that moral value can contribute to artistic value (moralism), others claim that (...) there cannot be such a contribution (autonomism). Since at least some works of architecture are artworks, that debate also concerns architecture. A moderate moralist view claims that some works of architecture have moral flaws/merits that bear on their artistic evaluation. In an apparently promising version, the contention is that some moral flaws/merits are aesthetically relevant. In this paper I argue against such contention and defend an autonomist view. Following some taxonomy remarks I distinguish the views in the debate and present two points in favour of autonomism: its simplicity and not having the burden of proof. Then I discuss Carroll’s merited response argument for moralism and I argue that in its best interpretation either it begs the question against autonomism or it is compatible with it. I conclude with some possible objections that may help further investigations on the subject. (shrink)

The Gamer’s Dilemma refers to the philosophical challenge of justifying the intuitive difference people seem to see between the moral permissibility of enacting virtual murder and the moral impermissibility of enacting virtual child molestation in video games (Luck Ethics and Information Technology, 1:31, 2009). Recently, Luck in Philosophia, 50:1287–1308, 2022 has argued that the Gamer’s Dilemma is actually an instance of a more general “paradox”, which he calls the “paradox of treating wrongdoing lightly”, and he proposes a graveness resolution to (...) this paradox. In response, we argue for four key claims. First, we accept Luck’s expansion of the Gamer’s Dilemma to be applicable to a wider set of media, but give a novel recasting of this in terms of the Paradox of Fictionally Going Too Far. Second, we develop a novel criticism of Luck in Philosophia, 50:1287–1308, 2022 graveness resolution to this broader paradox. Third, we argue that the Paradox of Fictionally Going Too Far helps to expose an implicit moralism in the Gamer’s Dilemma literature when compared to relevant nearby literatures about other forms of media. Fourth, we consider a range of non-moral, cultural and media conventions that plausibly help to dissolve the intuitive moral gap between non-sexual and sexual violence that is central to this paradox. (shrink)

It has been argued that romantic love is an intrinsically moral phenomenon – a phenomenon that is directly connected to morality. The connection is elucidated in terms of reasons for love, and reasons of love. It is said that romantic love is a response to moral reasons – the moral qualities of the beloved. Additionally, the reasons that love produces are also moral in nature. Since romantic love is a response to moral qualities and a source of moral (...) motivation, it is itself moral. This chapter aims to cast doubt on both these claims. By employing the model of emotional rationality it shows that a moralistic fallacy is committed when reasons for love are construed as moral. Reasons of love are also not essentially moral but rather of both moral and nonmoral kinds. Reasons of love are in part determined by cultural narratives and norms pertaining to love. Romantic love is not moral in nature. Morality is extrinsic to love. (shrink)

After examining the problem that gratuitous suffering poses for Nietzsche's notion of life affirmation, I mount a skeptical response to this problem on Nietzsche's behalf. I then consider an orthogonal objection to Nietzschean life affirmation, which argues that the need to justify life is symptomatic of life denial and show how strengthening the skeptical defense sidesteps this worry. Nietzsche's skepticism about our all‐too‐human, epistemic position thus aids his project of life affirmation in two ways. First, it suggests that we (...) are unable to determine reliably whether a given instance of suffering is, in fact, gratuitous. Second, it provides a corrective to the moralistic need to redeem life, showing that all attempts to justify life as a whole are epistemically fraught. Before concluding, I examine Nietzsche's reasons for advancing such an epistemological argument and suggest how we might approach life affirmation in nonrational terms. (shrink)

The article reviews different antitheodicies in response to Toby Betenson’s article “Anti-Theodicy”. Antitheodicies involve rejecting the position that God or meaning exist only, if evils have justifying morally sufficient reasons. The article builds on Betenson’s division into moral and conceptual antitheodicies and his characterization of antitheodicies as a metacritique of the problem of evil. Moral antitheodicies are problematic, as they do not address the key conceptual issues and might end up in question-begging or moralism. Dissolving the problem of (...) evil requires a conceptual antitheodicy that exposes its presuppositions as speculative metaphysics. Religious conceptual antitheodicies help to focus on different ways of sense-making that do not fall into theodicism. (shrink)

DARWIN’s (1859, 1871) discoveries have profound ethical implications that continue to be misrepresented and/or ignored. In contrast to socialdarwinistic misuses of his theory, Darwin was a great humanitarian who paved the way for an integrated scientific and ethical world view. As an ethical doctrine, socialdarwinism is long dead ever since its defeat by E. G. Moore although the socialdarwinistic thought is a hard-die in the biological community. The accusations of sociobiology for being socialdarwinistic are unfounded and stem from the moralistic (...) fallacy that is, a false assumption that morality is good by definition. Both social and developmental psychology demonstrate that the moral agency is a motivational device for executing reciprocity that remains at the core of any morality across all studied societies and throughout the ontogeny of moral judgment. The level of true universalizing ethical reflection (KOHLBERG’s postconvential stages or GIBBS’s existential phase) is achieved by a small minority of humans, thus showing that Homo sapiens is a moral but not an ethical animal. While the origin of reciprocity has been perfectly explained by sociobiology, the evolutionary assembly of affective and cognitive elements that make up the moral agency is being successfully studied by the social/personality/developmental psychology as extended to non-human primates. As DARWIN (1871) expected, the key innovation for the evolution of moral agency was the emergence of empathy that evolved independently at least three times: in elephants, dolphins and primates. Empathy has a motivational power of its own; it is also necessary for moral agency that requires two cognitive abilities: reflective self-consciousness and understanding of causality; the two make possible the attribution of responsibility. All these requirements are met by the chimpanzees whose moral agency operates in dyads. In contrast, the human moral agency allows for a third party intervention that opens up vast opportunities for ideologies, especially religions, to use and misuse the moral agency to enforce a reciprocation that may be harmful to both individuals and the entire group. Also, the moral agency is known to enforce enhanced intragroup cohesion and loyalty in response to conflict and war, which suggests that the two prima facie opposed human universals, morality and warfare, may have coevolved. The most important ethical consequence that follows from the increasing understanding of the primate moral agency is that every received morality is ethically flawed, none can be taken as a paragon of goodness, and each needs corrections by science-informed ethics. In fact, Darwin pioneered the integration of science and ethics, an approach that has come to be appreciated only recently under the heading of consilience. (shrink)

The legal reasons that bind a judge and the moral reasons that bind all persons can sometimes pull in different directions. There is perhaps no starker example of such judicial dilemmas than in criminal sentencing. Particularly where mandatory minimum sentences are triggered, a judge can be forced to impose sentences that even the judge regards as “immensely cruel, if not barbaric.” Beyond those directly harmed by overly harsh laws, some courts have recognized that “judges who, forced to participate in such (...) inhumane acts, suffer a loss of dignity and humanity as well.” When faced with such a judicial dilemma—a powerful tension between the judge’s legal and moral reasons—the primary question is what a judge can do to resolve it. We argue that the two standard responses—sacrificing morality to respect the law (“legalism”), or sacrificing the law to respect morality (“moralism”)—are unsatisfying. Instead, this Article defends an underexplored third response: rather than abandoning one ideal to maximally promote the other, we argue that judges should seek to at least minimally satisfy the demands of both. Judges should, in other words, look for and employ what we dub Satisficing Options. These are actions that enjoy sufficient support from both the legal reasons and the moral reasons, and thus are both legally and morally permissible—even if the acts in question would not strictly count as optimal by the lights of the law or morality. This common sensical response to the problem is not only underappreciated in the literature, but also has great practical import. Focusing on the sentencing context, this Article demonstrates that judicial dilemmas can be systematically resolved, mitigated or avoided through a range of concrete strategies that on their own or in conjunction can constitute Satisficing Options: these strategies include seeking out legally permitted but morally preferable interpretations of the law, expressing condemnation of unjust laws in dicta, and seeking assistance or cooperation from other actors to help defendants facing substantively unjust mandatory sentences. While these strategies can at times also go too far, we argue that in certain contexts they can be sufficiently defensible on both legal and moral grounds to be a justifiable response to judicial dilemmas. This Article thus provides both a novel theoretical framework for understanding the justification of judicial responses to unjust laws, as well as a practical a menu of options which judges can use to guide their responses to the judicial dilemmas that they are increasingly likely to encounter within our criminal justice system. (shrink)

This opinion paper delves into the philosophical underpinnings and implications of artificial intelligence (AI) development through the lens of Friedrich Nietzsche's "Three Metamorphoses," exploring the stages from the camel, through the lion, to the envisioned child phase within the AI context. Amidst growing concerns over AI's ethical ramifications, including job displacement, biased decision-making, and misuse potential, this analysis seeks to provide a comprehensive framework for understanding AI's evolution and its socio-technical effects on society. The discourse begins by contextualizing AI within (...) the myth of Prometheus, suggesting that, like the myth, AI development harbors both the promise of unprecedented technological advancement and the peril of unforeseen consequences. Drawing insights from various philosophical perspectives, including those of Geoff Hinton, Elon Musk, Mircea Eliade, Gunther Anders, and notable moralists and existentialists, the paper critiques the current trajectory of AI, emphasizing the need for ethical frameworks and responsible innovation. Through the metaphorical stages defined by Nietzsche—the burden-bearing camel representing AI's foundational learning phase, the rebellious lion challenging human capabilities, and the child signifying the potential for artificial general intelligence (AGI) to autonomously create values—the paper posits that AI's development parallels a transformative journey that could redefine human civilization. It argues for a balanced approach to AI development, one that harmonizes technological advancement with ethical considerations, ensuring AI's alignment with human well-being and justice. The conclusion calls for a reflective engagement with AI, urging developers and policymakers alike to consider the deeper philosophical questions posed by AI's integration into the fabric of human life. (shrink)

This paper draws attention to a divergence in approach to the social between Ken Gergen’s radical form of social constructionism and the more moderate constructionist approaches exemplified by the thinking of Shaun Gallagher, Jan Slaby and Karen Barad. Specifically, I argue that the latter stop just short of radical constructionism’s ontological and ethical implications. The ethical question for Gergen is not whether and how we achieve just relations but whether and how we deal with the struggle between competing goods, how (...) we manage to think beyond justice understood as singular traditions of the good, so that we can focus on enriching our traditions with alternative intelligibilities, thereby expanding the inclusiveness of our relational structures. Viewing the wayward person or group through Gergen’s lens of multi-being rather than the morality of blameful justice encourages us to strive for an ethics of responsibility without succumbing to a moralism of culpability. (shrink)

This article presents a new understanding of how the context of Restoration debates around toleration, magisterial authority and political obligation impinged upon Locke’s mature thought. It proposes that prominent Anglican clergymen, by utilising Hobbist ideas in their arguments for religious conformity, transformed the debate around toleration. In particular, Samuel Parker’s Discourse of Ecclesiastical Politie’s potent mix of Hobbism, theological moralism and Scholastic natural law led to important nonconformists, such as Owen and Ferguson, reshaping their arguments in response. They (...) were forced to make an argument upon first principles as to precisely why Parker’s naturalistic account of ecclesiastical authority was inadequate to justify their own particular view of religious institutions. Crucially, the specific features of Parker’s argument, led to John Humfrey, a largely overlooked figure, developing a set of ideas that preconfigured Locke’s later thought. This article then highlights Locke’s creative engagement with the ideas of his time, by charting the changes to Locke’s ecclesiology and view of natural law from 1667-1674, alongside the similar conceptual shifts made by Humfrey. (shrink)

Moralism is often described as a vice. But what exactly is wrong with moralism that makes it aptly described as a character flaw? This paper will argue that the problem with moralism is that it downgrades the force of legitimate moral criticism. First, I will argue that moralism involves an inflated sense of the extent to which moral criticism is appropriate. Next, I will examine the value of legitimate moral criticism, arguing that its value stems from (...) enabling us to take a stand against immoral behavior. Finally, I will argue that unwarranted moral criticism downgrades the force of legitimate moral criticism and that this is why moralism should be seen as a vice. (shrink)

In the peer disagreement debate, three intuitively attractive claims seem to conflict: there is disagreement among peers on many important matters; peer disagreement is a serious challenge to one’s own opinion; and yet one should be able to maintain one’s opinion on important matters. I show that contrary to initial appearances, we can accept all three of these claims. Disagreement significantly shifts the balance of the evidence; but with respect to certain kinds of claims, one should nonetheless retain one’s beliefs. (...) And one should retain them even though these beliefs would not be supported by the new total evidence if one didn’t already hold them. (shrink)

As COVID-19 spread, clinicians warned of mental illness epidemics within the coronavirus pandemic. Funding for digital mental health is surging and researchers are calling for widespread adoption to address the mental health sequalae of COVID-19. -/- We consider whether these technologies improve mental health outcomes and whether they exacerbate existing health inequalities laid bare by the pandemic. We argue the evidence for efficacy is weak and the likelihood of increasing inequalities is high. -/- First, we review recent trends in digital (...) mental health. Next, we turn to the clinical literature to show that many technologies proposed as a response to COVID-19 are unlikely to improve outcomes. Then, we argue that even evidence-based technologies run the risk of increasing health disparities. We conclude by suggesting that policymakers should not allocate limited resources to the development of many digital mental health tools and should focus instead on evidence-based solutions to address mental health inequalities. (shrink)

WINNER OF THE SIMON HAILWOOD ESSAY PRIZE. This paper discusses the problem of alienation from nature, considered through the phenomena of reification and de-objectification. I propose understanding alienation as the result of a distorted relation between the subjective and the objective and I suggest a tentative solution via the combination of two ethico-political practices: releasement and reappropriation. In doing so, I put forward a structural-ethical critique and response to our current ecological crisis.

This paper sets out a novel response to the ‘screening off problem’ for naïve realism. The aim is to resist the claim (which many naïve realists accept) that the kind of experience involved in hallucinating also occurs during perception, by arguing that there are causal constraints that must be met if an hallucinatory experience is to occur that are never met in perceptual cases. Notably, given this response, it turns out that, contra current orthodoxy, naïve realists need not (...) adopt any particular view about the psychological nature of hallucinatory experience to handle the screening off problem. Consequently, room opens up for naïve realists to endorse whatever theory of hallucinatory experience seems to best capture the distinctive nature of such episodes. (shrink)

Buchanan (2014) argues for a Gricean solution to well-known counterexamples to direct reference theories of content. Peet (2016) develops a way to change the counterexample so that it seems to speak against Buchanan’s own proposal. I argue that both theorists fail to notice a significant distinction between the kinds of cases at issue. Those appearing to count against direct reference theory must be described such that speakers have false beliefs about the identity of the object to which they intend to (...) refer, beliefs that appear relevant to the determination of what constitutes communicative success. This suggests, further, that cases of this sort do not provide a basis for robust generalizations about singular reference. (shrink)

We are neither scientists nor moralists. Our mental capacities (such as attributing intentionality) are neither akin to the scientist's exact reasoning, nor are they (Knobe's target article, sect. 2.2, last para.). They are more similar to all those simple capacities that humans and animals are equally capable of, but with enhanced sensitivity to counterfactual situations: of what could have been.

Recently, I argued that human subjects in artificial wombs ‘share the same moral status as newborns’ and so, deserve the same treatment and protections as newborns. This thesis rests on two claims: subjects of partial ectogenesis—those that develop in utero for at time before being transferred to AWs—are newborns and subjects of complete ectogenesis—those who develop in AWs entirely—share the same moral status as newborns. In response, Elizabeth Chloe Romanis argued that the subject in an AW is ‘a unique (...) human entity…rather than a fetus or a newborn’. She provides four lines of response to my essay. First, she argues that I have ‘misconstrued’ what birth is. Once we correct that error, it becomes clear that subjects of partial ectogenesis have not been born. Second, she argues that my claims imply that non-implanted embryos ‘would also be “born”’. But that is absurd. Third, she claims I fail to ‘meaningfully respond’ to distinctions she draws between subjects of ectogenesis and neonates. Finally, she criticises my essay for focusing on subjects of AWs rather than focusing on pregnant persons. I respond to each of these charges. In doing so, I reaffirm that some subjects of ectogenesis are newborns and all subjects of ectogenesis—even those that have not been born—share the same moral status as newborns. (shrink)

Tom Dougherty argues that culpably deceiving another person into sex is seriously wrong no matter what the content about which she is deceived. We argue that his explanation of why deception invalidates consent has extremely implausible implications. Though we reject Dougherty’s explanation, we defend his verdict about deception and consent to sex. We argue that he goes awry by conflating the disclosure requirement for consent and the understanding requirement. When these are distinguished, we can identify how deceptive disclosure invalidates consent. (...) This alternative explanation also allows for a response to Neil Manson’s recent criticisms of Dougherty’s argument. (shrink)

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

Recently, I argued that human subjects in artificial wombs (AWs) “share the same moral status as newborns” and so, deserve the same treatment and protections as newborns. This thesis rests on two claims: (A) “Subjects of partial ectogenesis—those that develop in utero for at time before being transferred to AWs—are newborns,” and (B) “Subjects of complete ectogenesis—those who develop in AWs entirely—share the same moral status as newborns.” In response, Elizabeth Chloe Romanis argued that the subject in an AW (...) is “a unique human entity…rather than a fetus or a newborn.” She provides four lines of response to my essay. First, she argues that I have “misconstrued” what birth is. Once we correct that error, it becomes clear that subjects of partial ectogenesis have not been born. Second, she argues that my claims imply that non-implanted embryos (existing in vivo) “would also be ‘born.’” But that is absurd. Third, she claims I fail to “meaningfully respond” to distinctions she draws between subjects of ectogenesis and neonates. Finally, she criticizes my essay for focusing on subjects of AWs rather than focusing on pregnant persons (who should be at the “centre” of debates over AWs). I respond to each of these charges. In doing so, I reaffirm that (contra Romanis) some subjects of ectogenesis are newborns and all subjects of ectogenesis—even those that have not been born—share the same moral status as newborns. (shrink)

The article discusses retributive justice and punitive restraint in response to the worst types of crime. I take the Breivik Case as a starting point. Anders Behring Breivik was sentenced to 21 years of preventive detention for killing 69 people, mainly youths, at Utøya and 8 people in Oslo on July 22nd, 2011. Retributivist theories as well as commonly held retributive intuitions suggest that much harsher punishment is required for such crimes. According to some retributivist theories, most notably on (...) the influential theories of Kant and Hegel, the death penalty is warranted for murderers like Breivik. This suggests that the rationale for punitive restraint in a case like the Breivik Case can only be found in forward- looking, consequentialist theories of punishment, or by adding to retributivist theories a side-constraint in the form of a principle of parsimony. However, I argue that if we look closer at the function of punishment in the retributivist theories of Kant and Hegel, they too imply a rationale for punitive restraint, even for such horrific crimes as here discussed. Against Kant and Hegel’s own views on the death penalty, I argue that their broader “freedom theories” of retributive justice do not imply the justice of the death penalty or life imprisonment. In the last part of the article, I explore differences in the concepts of freedom entailed by Kant and Hegel’s theories, and I relate these to some of the background factors relevant to the Breivik Case. (shrink)

Some people of colour feel shame in response to racist incidents. This phenomenon seems puzzling since, plausibly, they have nothing to feel shame about. This puzzle arises because we assume that targets of racism feel shame about their race. However, I propose that when an individual is racialised as non-White in a racist incident, shame is sometimes prompted, not by a negative self-assessment of her race, but by her inability to choose when her stigmatised race is made salient. I (...) argue that this can make sense of some shame responses to racism. My account also helps to highlight some of the emotional and cognitive costs of racism that have their root in shame as well as a new form of hermeneutical injustice and distinctive communicative harms, contributing to a fuller picture of what is objectionable about racism. (shrink)

I describe a new, comparative, version of the argument from interpersonal variation to subjectivism about color. The comparative version undermines a recent objectivist response to standard versions of that argument (Gómez-Torrente 2014).

In this rejoinder to Erman and Möller’s reply to our “Political Norms and Moral Values” we clarify the sense in which there can be specifically political values, and expound the practice-dependent notion of legitimacy adopted by our preferred version of political realism.

An important line of response to scepticism appeals to the best explanation. But anti-sceptics have not engaged much with work on explanation in the philosophy of science. I plan to investigate whether plausible assumptions about best explanations really do favour anti-scepticism. I will argue that there are ways of constructing sceptical hypotheses in which the assumptions do favour anti-scepticism, but the size of the support for anti-scepticism is small.

At the heart of Mizrahi’s project lies a sociological narrative concerning the recent history of philosophers’ negative attitudes towards scientism. Critics (e.g. de Ridder (2019), Wilson (2019) and Bryant (2020)), have detected various empirical inadequacies in Mizrahi’s methodology for discussing these attitudes. Bryant (2020) points out one of the main pertinent methodological deficiencies here, namely that the mere appearance of the word ‘scientism’ in a text does not suffice in determining whether the author feels threatened by it. Not all philosophers (...) use the term in ‘inherently negative’ (29) or pejorative ways. In this paper, I not only corroborate Bryant’s critical claim, but argue that Mizrahi’s response to this part of Bryant’s objection is inadequate. (shrink)

Recently, I argued that subjects inside of artificial wombs—termed ‘gestatelings’ by Romanis—share the same legal and moral status as newborns (neonates). Gestatelings, on my view, are persons in both a legal and moral sense. Kingma challenges these claims. Specifically, Kingma argues that my previous argument is invalid, as it equivocates on the term ‘newborn’. Kingma concludes that questions about the legal and moral status of gestatelings remain ‘unanswered’. I am grateful to Kingma for raising potential concerns with the view I (...) have presented. In this essay, however, I argue that (most) of Kingma’s objections are unpersuasive. First, my original argument does not equivocate on terms like ‘newborn’ or ‘neonate’. The terms denote human beings that have been born recently; that is what matters to the argument. Charges of equivocation, I suspect, rest on a confusion between the denotation and connotations of ‘newborn’ (or ‘neonate’). Next, I show that, contra Kingma, it is clear that—under current law in the USA and UK—gestatelings would count as legal persons. Moral personhood is more difficult. On that subject, Kingma’s criticisms have merit. In response, however, I show that my original claim—that gestatelings should count as moral persons—remains true on several (common) philosophical accounts of personhood. Regarding those accounts that imply gestatelings are not moral persons, I argue that advocates face a troubling dilemma. I conclude that regardless of which view of moral personhood one adopts, questions about the moral status of gestatelings are not ‘unanswered’. (shrink)

Holm (2022) argues that a class of algorithmic fairness measures, that he refers to as the ‘performance parity criteria’, can be understood as applications of John Broome’s Fairness Principle. We argue that the performance parity criteria cannot be read this way. This is because in the relevant context, the Fairness Principle requires the equalization of actual individuals’ individual-level chances of obtaining some good (such as an accurate prediction from a predictive system), but the performance parity criteria do not guarantee any (...) such thing: the measures merely ensure that certain population-level ratios hold. (shrink)

Mainstream philosophy has seen a recent flowering in discussions of intellectualism which revisits Gilbert Ryle’s famous distinction between ‘knowing how’ and ‘knowing that’, and challenges his argument that the former cannot be reduced to the latter. These debates so far appear not to have engaged with pragmatist philosophy in any substantial way, which is curious as the relation between theory and practice is one of pragmatism’s main themes. Accordingly, this paper examines the contemporary debate in the light of Charles Peirce’s (...) habit-based epistemology. We argue both that knowing-that can be understood as a particularly sophisticated form of knowing-how, and that all bodily competencies—if sufficiently deliberately developed—can be analysed as instantiating propositional structure broadly conceived. In this way, intellectualism and anti-intellectualism are seen to be not opposed, and both true, although Peirce’s original naturalistic account of propositional structure does lead him to reject what we shall call ‘linguistic intellectualism’. (shrink)

ㅤThis is a response to Hud Hudson's book 'The Fall and Hypertime' (OUP).

Scott Kretchmar recently put forth a new definition of what it is to play a game. Unfortunately, it must be rejected. In this paper, I show that this new definition is far too broad by discussing an activity that is not an instance of playing a game but is wrongfully ruled as one on this new definition.

研究早期中国哲学的学者均普遍认为，缺乏作者和思想学 派的资料，对以哲学为本的研究非常不利。就着这个观点，本文提出异议: 汉学研究所提供的文献、文学、语言、历史的知识，可融贯于早期中国哲学 的研究，并产生良好的影响。蒋韬在 2016 年提出了“汉学挑战”的论述。就此，本文论证，汉学正好 提供一个机会，结合不同的研究方法及角度，从而更有效地处理具体的哲 学议题。我以自己对“命”的研究为例，解释如何以多个文本为基础，梳理 哲学问题，做“没有作者的哲学”，并显示:融贯汉学研究所提供的各种方 法、知识、研究工具，不仅无损哲学研究，更为其注入新气象。我采取了“后学科”的研究角度:受到前学科文化(例如早期中国文 化)的启发，“后学科”的角度在提问时，往往从整体出发，不囿于各个学科 的既定模式和分类;并开辟新路向，容纳创意，追寻意义，以产生可行的新 联系。 Some scholars of early Chinese philosophy see the knowledge provided by Sinology as a challenge to the development of sound philosophical enquiry. What Sinology tells us about the historical context and the textual, material, and intellectual culture of the period is considered detrimental for engaging in philosophical research, reason why these scholars believe that Chinese philosophy must separate itself from Sinology. I argue that Sinology does not offer (...) a challenge but an opportunity to engage with a multitude of approaches and methods to more efficiently address philosophical problems and questions. I offer my own research as an example of how to integrate the knowledge and analytical tools offered by Sinology in a philosophical study of early China. Focusing on the most crucial Sinological challenge--the challenge to the notions of “book” and “author"--I show that using the methods and knowledge provided by other disciplines does not jeopardize but, much to the contrary, invigorates and revitalizes philosophical research. My perspective is post-disciplinary: inspired by pre-disciplinary cultures such as early China, post-disciplinarity engages inquiry holistically, suspending the patterns and categories established by discrete disciplines, forging new paths for creativity and the search of meaning, and allowing new viable connections to emerge. (shrink)

Due in no small part to Kant's own seemingly dim views on the value of animals, Kantian ethics has traditionally been understood to be rather unfriendly ground for arguments in favor of vegetarianism. This has started to change recently, which raises the question: do Kantian approaches offer a way of defending vegetarianism that doesn't run afoul of the sorts of futility worries that afflict consequentialist arguments for vegetarianism? I argue that Kantian approaches in fact face an analogous worry, due to (...) their need to explain why eating meat ought to be understood as a disrespectful act simpliciter, rather than only in certain circumstances. (shrink)

Commentators disagree about the extent to which Kant’s ethics is compatible with consequentialism. A question that has not yet been asked is whether Kant had a view of his own regarding the fundamental difference between his ethical theory and a broadly consequentialist one. In this paper I argue that Kant does have such a view. I illustrate this by discussing his response to a well-known objection to his moral theory, namely that Kant offers an implicitly consequentialist theory of moral (...) appraisal. This objection was most famously raised by Mill and Schopenhauer, but also during Kant’s time by Pistorius and Tittel. I show that Kant’s response to this objection in the second Critique illustrates that he sees the fundamental difference between his moral theory and a broadly consequentialist one to be one that concerns methodology. (shrink)

In this article, the concept of moralistic fallacy introduced by B. D. Davis is elaborated on in more detail. The main features of this fallacy are discussed, and its general form is presented. The moralistic fallacy might have some undesirable outcomes. Some of them might even be in direct conflict to the original moral position. If this occurs, it is possible to characterize it as a paradox of moralistic fallacy. The possibility of this paradox provides a further reason not to (...) prevent any scientific inquiries and not to depict any knowledge as dangerous. (shrink)

The aim of this critical commentary is to distinguish and analytically discuss some important variations in which legal moralism is defined in the literature. As such, the aim is not to evaluate the most plausible version of legal moralism, but to find the most plausible definition of legal moralism. As a theory of criminalization, i.e. a theory that aims to justify the criminal law we should retain, legal moralism can be, and has been, defined as follows: (...) the immorality of an act of type A is a sufficient reason for the criminalization of A, even if A does not cause someone to be harmed. In what follows, I critically examine some of the key definitions and proposals that have, unfortunately, not always been carefully distinguished. Finally, I propose a definition that seems to capture the essence of what many philosophers refer to when they talk about legal moralism, while also providing more clarity. (shrink)

Jonathan Kvanvig has proposed a non-cognitive theory of faith. He argues that the model of faith as essentially involving assent to propositions is of no value. In response, I propose a Thomistic cognitive theory of faith that both avoids Kvanvig’s criticism and presents a richer and more inclusive account of how faith is intrinsically valuable. I show these accounts of faith diverge in what they take as the goal of the Christian life: personal relationship with God or an external (...) state of affairs. For this reason, more seriously, the non-cognitivist project likely requires rejecting traditional Christianity and its picture of salvation. (shrink)

In an important discussion of the problem of hiddenness, Michael Rea briefly presents and defends an argument from divine hiddenness which he thinks encapsulates the problem of divine hiddenness, and then develops a detailed and nuanced response to this argument. Importantly, Rea claims that his response does not depend on the commonly held theistic view that God allows hiddenness to secure human goods. In this paper I offer a detailed criticism of Rea’s account of what justifies God in (...) allowing divine hiddenness, arguing that Rea’s response to the argument from divine hiddenness is unsuccessful. (shrink)

In “Confucianism and Same-Sex Marriage,” published recently in Politics and Religion, Professor Tongdong Bai argues for a “moderate Confucian position on same-sex marriage,” one that supports its legalization and yet endeavors “to use public opinion and social and political policies to encourage heterosexual marriages, and to prevent same-sex marriages from becoming the majority form of marriages” (Bai 2021:146). Against the backdrop of downright homophobia prevalent among vocal Confucians in mainland China today, Bai claims that his pro-legalization rendition “show[s] a different (...) version of Confucianism that challenges the received perception of Confucianism that it is deeply conservative, a perception that often lies at the core of the rejection of its contemporary relevance, especially by the so-called ‘liberals’ in China and elsewhere” (Bai 2021:133). Furthermore, Bai claims that his moderate Confucianism is normatively preferrable to “the typical liberal or individualist position” of a marriage equality supporter, because the specter of polygamy – the conservative trope of invoking polygamy as a reductio ad absurdum against same-sex marriage – imposes “a serious challenge” to liberals but not to moderate Confucians (Bai 2021:146, 153). -/- Both of Bai’s claims falter upon scrutiny, however. Granted, it is applaudable that Bai tries to dissuade his more conservative Confucian colleagues from opposing the legalization of same-sex marriage. But as Section 1 of this Response will show, the alternative rendition of Confucianism he presents, along with the way he presents it, is premised on a highly contested conception of what shared Confucian values are; does injustice to Confucians who embrace marriage equality more unreservedly (i.e., without caveats à la Bai); fails to produce new arguments that “enrich the theoretical basis for same-sex marriage” (Bai 2021:133); and, ironically, reinforces – rather than “challenges” – the “received perception” of Confucianism as deeply conservative. Meanwhile, Section 2 will show that Bai’s comparison between liberalism and moderate Confucianism relies both upon an apparent unfamiliarity with the extensive and nuanced liberal discussions on polygamy, and upon fallacious methods of assessing comparative normative valence. -/- Finally, Section 3 will offer some concluding thoughts from the perspective of decolonial theory, examining the dynamic of spectacularized postcoloniality that propels the production and consumption of dubious theoretical projects like Bai’s. As it turns out, this case serves not only as a cautionary tale of how not to conduct comparative normative theorizing, but also as a cautionary tale of how not to let the spectacle of postcoloniality derail the pursuit of academic decolonization. (shrink)