Social metaphysics is a source of important philosophical and moral insight. Furthermore, much social metaphysics appears to be substantive. However, some have recently argued that standard views of metaphysics cannot accommodate substantive social metaphysics. In this paper I offer a new diagnosis of this problem and defend a new solution, showing that this problem is an illuminating lens through which to examine the nature and boundaries of metaphysics. This case instantiates a broad, common pattern generated by attempts to (...) align distinctions between realism and anti-realism, mind-independence and mind-dependence, and legitimate and non-legitimate inquiry. I show that the best response is to abandon the association between substantive metaphysics and mind-independence, and I sketch a new definition of substantivity, given in terms of explanatory power, that makes room for substantive social metaphysics while also offering an attractive basis for general metaphysics. (shrink)

All morally wrong actions deserve some form of moral condemnation. But the degree of that condemnation is not the same in all cases. Some wrongs are so morally extreme that they seem to belong to a different category because they deserve our very strongest form of moral condemnation. For example, telling a white lie to make a friend feel better might be morally wrong, but intuitively such an act is in a different moral category to the sadistic, brutal, and violent (...) rape and torture of a child. The former act is merely wrong and not evil. In contrast, the latter act seems so morally extreme that we need to call it “evil” and not merely “wrong” if we are to do justice both to the moral seriousness of that act and the strength of our condemnation of it. The task of a theory or substantive conception of evil is to spell out what is an evil action and how it differs from a merely wrongful action. But what does a plausible substantive theory of evil look like? To explore this question, I spell out the concept of evil and illustrate four different types of substantive conceptions of evil actions: victim, perpetrator, spectator, and mixed theories. Of these four options, I argue that mixed theories are the most plausible type of theory, before investigating in detail the promising mixed theory recently defended by Matthew Kramer (2014b). Finally, in light of my analysis of Kramer’s view, I present a reformulated version of my combination theory of evil (Formosa 2008; Formosa 2013). (shrink)

Verbal disputes are often seen as closely related to a lack of substantivity. However, a systematic and comprehensive investigation of how verbalness relates to substantivity is still missing. The present paper attempts to close this gap. In addition to offering different conceptions of verbalness, the paper further develops Sider’s (Writing the Book of the World, OUP, Oxford, 2011) notion of substantivity. Ultimately, I argue for a more careful choice of terminology when it comes to assessing a dispute as “(merely) verbal” (...) or “nonsubstantive”. While the paper shows that there is no strict logical relation between mere verbalness and nonsubstantivity construed along the lines set out by Sider, it also demonstrates that further notable notions of (mere) verbalness and substantivity are in fact closely intertwined. (shrink)

I reply to criticisms from Duetz and Dentith, Basham, and Hewitt. I argue that the central disputes on this topic concern how ordinary people understand conspiracy theories and how to evaluate concrete conspiracy theories and conspiracy theorists.

Unlike other organs that operate continuously, such as the heart and kidneys, many of the operations of the nervous system shut down during sleep. The evolutionarily conserved unconscious state of sleep that puts animals at risk from predators indicates that it is an indispensable integral part of systems operation. A reasonable expectation is that any hypothesis for the mechanism of the nervous system functions should be able to provide an explanation for sleep. In this regard, the semblance hypothesis is examined. (...) Postsynaptic membranes are continuously being depolarized by the quantally released neurotransmitter molecules arriving from their presynaptic terminals. In this context, an incidental lateral activation of the postsynaptic membrane is expected to induce a semblance (cellular hallucination of arrival of activity from its presynaptic terminal, which forms a unit for internal sensation) of the arrival of activity from its presynaptic terminal as a systems property. This restricts induction of semblance to a context of a very high ratio of the duration of the default state of neurotransmitter-induced postsynaptic depolarization to the total duration of incidental lateral activations of the postsynaptic membrane. This requirement spans within a time-bin of a few sleep-wake cycles. Since the duration of quantal release remains maximized, the above requirement can be achieved only by ceiling the total duration of incidental lateral activations of the postsynaptic membrane, which necessitates a state of sleep. (shrink)

When philosophers, social scientists, and politicians seek to determine the justice of institutional arrangements, their discussions have often taken the form of questioning whether and under what circumstances the redistribution of wealth or other valuable goods is justified. This essay examines the different ways in which redistribution can be understood, the diverse political contexts in which it has been employed, and whether or not it is a useful concept for exploring questions of distributive justice.

Gila Sher interviewed by Chen Bo: -/- I. Academic Background and Earlier Research: 1. Sher’s early years. 2. Intellectual influence: Kant, Quine, and Tarski. 3. Origin and main Ideas of The Bounds of Logic. 4. Branching quantifiers and IF logic. 5. Preparation for the next step. -/- II. Foundational Holism and a Post-Quinean Model of Knowledge: 1. General characterization of foundational holism. 2. Circularity, infinite regress, and philosophical arguments. 3. Comparing foundational holism and foundherentism. 4. A post-Quinean model of knowledge. (...) 5. Intellect and figuring out. 6. Comparing foundational holism with Quine’s holism. 7. Evaluation of Quine’s Philosophy -/- III. Substantive Theory of Truth and Relevant Issues: 1. Outline of Sher’s substantive theory of truth. 2. Criticism of deflationism and treatment of the Liar. 3. Comparing Sher’s substantive theory of truth with Tarski’s theory of truth. -/- IV. A New Philosophy of Logic and Comparison with Other Theories: 1. Foundational account of logic. 2. Standard of logicality, set theory and logic. 3. Psychologism, Hanna’s and Maddy’s conceptions of logic. 4. Quine’s theses about the revisability of logic. -/- V. Epilogue. (shrink)

To explain why we should be structurally rational – or mentally coherent – is notoriously difficult. Some philosophers argue that the normativity of structural rationality can be explained in terms of substantive rationality, which is a matter of correct response to reason. I argue that the psychological phenomena – positive illusions – are counterexamples to the substantivist approach. Substantivists dismiss the relevance of positive illusions because they accept evidentialism that reason for belief must be evidence. I argue that their (...) evidentialist stance would imply that we are caught in unsolvable dilemmas arising from positive illusions. (shrink)

This dissertation explores the prospects of postdeflationary substantive theorizing about truth. Postdeflationary theories define the concept of truth or the property of being a true truthbearer in a way that respects the deflationary desiderata of clarity, purity, and permissiveness with truth-aptness, without a necessary commitment to the core negative thesis of the deflationary approach. Postdeflationary substantive theories further acknowledge the complexity and explanatory utility of truth in understanding and defining other concepts and phenomena. The motivation for pursuing this (...) study arises from the so-called contemporary crisis of truth, where a substantive understanding of truth is subjected to widespread skepticism, critique, and even cynicism both inside and outside of philosophy in formal and mundane discourse. To better understand this crisis, particular attention is directed towards the deflationary critique of substantive theories of truth, which is a prevalent point of discussion in contemporary literature on western analytic philosophy. By exploring the limits and philosophical sustainability of deflationary critique of substantive accounts of truth, valuable insight is gained about the contemporary crisis of truth and the potential for substantive theorizing about truth in general. This dissertation composes of an introduction and four original research publications that address two connected themes: exploration of the philosophical sustainability of deflationary critique of substantive theories of truth, and exploration of the prospects for development of the now popular substantive pluralist theories of truth. These themes constitute both negative and positive aspects in relation to analyzing the prospects of postdeflationary substantive theorizing about truth. The first part of this dissertation focuses on arguing against the widespread deflationary readings of W.V.O. Quine’s truth, who is widely interpreted as a prominent and influential deflationist in both the secondary literature on his philosophy and contemporary truth-theoretic debates more broadly conceived. The first essay demonstrates that Quine’s immanent conception of truth involves commitments that are incompatible with general and theory-specific framings of the deflationary thesis. The second essay demonstrates conflicts between Quine’s views and what has in recent literature been argued as strong and moderate variants of the deflationary thesis. In conclusion, these essays demonstrate that the widespread deflationary readings of Quine’s truth are mistaken, thus removing a prominent thinker from the deflationists ranks while simultaneously casting suspicion towards the philosophical sustainability of the deflationary approach in general. The second part of this dissertation explores the prospects of postdeflationary substantive theorizing about truth by analyzing the limits and prospects for development of the increasingly popular substantive pluralist theories. The third essay explores different ways in which semantic ambiguity poses trouble for current pluralist models. The fourth essay argues that to achieve the theoretical desiderata that pluralists ask from discourse domains, the latter ought to be individuated on ontological rather than topical grounds. In conclusion, these essays demonstrate that while current pluralist models involve shortcomings, they encompass potential for development and provide a viable prospect for sustainable postdeflationary substantive theorizing about truth. (shrink)

For many years there has been a debate in truthmaking theory between proponents of the substantive and deflationary approaches. Substantivists about truthmaking maintain that we need entities called truthmakers, while deflationists of truthmaking argue that the asymmetric form of the T-schema is sufficient. In contrast to incompatibilists, who argue that one should adopt only one of these approaches, I propose a compatibilist theory of truthmaking in which the two approaches complement each other through the distribution of different functions of (...) truthmaking. I find that this helps to solve the problem of truthmaking of certain contentious truths, such as negative truths. (shrink)

Many have argued that the question, “Why is there something rather than nothing?” (henceforth: the Question) is defective in some way. While much of the literature on the Question rightly attends to questions about the nature and limits of explanation, little attention has been paid to how new work in metaontology might shed light on the matter. In this paper I discuss how best to understand the Question in light of the now common metaontological commitment to quantifiers that vary in (...) metaphysical naturalness. I show that proponents of this view have arguments at their disposal that appear to challenge the metaphysical substantivity of the Question. Then I argue that, not only are there ways to resist these arguments, the arguments do not pose a challenge to the Question if it is construed in a way that makes reference to many quantifiers. Rendering the Question with multiple quantifiers not only allows one to grant the prima facie substantivity of the Question, but allows us to express it in a way that is mode-of-being-neutral and ontology-neutral—an independently desirable aim. (shrink)

In times of a felt need to justify the value of the humanities, the need to revisit and re-establish the public relevance of the discipline of history cannot come as a surprise. On the following pages I will argue that this need is unappeasable by scholarly proposals. The much desired revitalization of historical writing lies instead in reconciling ourselves with the dual meaning of the word history, in exploring the necessary interconnection between history understood as the course of events and (...) as historical writing. Despite the general tendency of the last decades to forbid philosophizing about history in the former sense (at least in departments of history and philosophy), I think that to a certain extent we already do so without succumbing to substantive thought. We already have the sprouts of a speculative although only quasi-substantive philosophy of history that nevertheless takes seriously the postwar criticism of the substantive enterprise. In this essay I will first try to outline this quasi-substantive philosophy of history that attests to the historical sensibility of our times; and second, I will try to outline its consequences regarding history as historical writing. Finally, in place of a conclusion I will suggest that historical writing is not as much a contribution to public agendas as it is the very arena in which public life is at stake. (shrink)

This paper examines two ideas of John Rawls that are rarely discussed in conjunction: pure procedural justice (PPJ) and property-owning democracy. Applied to matters of distribu- tion, PPJ orders the establishment of fair procedures under which any private transaction can be considered just. It aims to secure equality without fixating on patterns of distribu- tion. How such an approach is constituted and how it applies to different stages of theori- sation are explored. Three components of PPJ and three guidelines for (...) its institutionalisa- tion are identified. As such, PPJ also provides a backbone to property-owning democracy. The understanding of property-owning democracy as an institution of PPJ helps us assess various interpretations and refinement of property-owning democracy. (shrink)

The allure of perennial questions in biology: temporary excitement or substantive advance? Content Type Journal Article Pages 1-4 DOI 10.1007/s11016-011-9533-5 Authors Alan C. Love, Department of Philosophy, Minnesota Center for Philosophy of Science, University of Minnesota, 831 Heller Hall, 271 19th Ave. S, Minneapolis, MN 55455-0310, USA Journal Metascience Online ISSN 1467-9981 Print ISSN 0815-0796.

Karl Marx, Emile Durkheim, Leslie White, Allen Johnson and Timothy Earle, and Stephen Sanderson all produced some of the more interesting theories of history, social change and cultural evolution but their theories have a common deficiency. None of them provide an ultimate explanation for social, cultural and historical change. This failure was rectified by J. S. Mill who suggested increasing human knowledge was the ultimate cause of social, cultural and historical change. However even Mill did not ask what caused the (...) increasing human knowledge and why the knowledge had to be acquired in a particular order and how this could affect human history. (shrink)

W wyniku kontaktów polsko-niemieckich na płaszczyźnie kultury, polityki i gospodarki na przestrzeni dziejów pojawiły się w języku polskim liczne wyrazy pochodzenia niemieckiego. We współczesnej polszczyźnie występuje bardzo wiele zapożyczeń niemieckich, z czego większość stanowią rzeczowniki. Najczęściej jednak ich obce pochodzenie nie jest znane przeciętnemu użytkownikowi języka polskiego, gdyż wyrazy te zasymilowały się w polszczyźnie zarówno na płaszczyźnie fonologicznej, graficznej, jak i morfologicznej. Największą grupę rzeczowników pochodzenia niemieckiego stanowią te, w których przypadku zachowane zostało ich pierwotne znaczenie, co wiąże się z (...) faktem, że jako pojęcia i terminy fachowe nie miały w języku polskim swoich odpowiedników, pod wpływem których mogłoby ulec zmianie ich znaczenie. Wśród zapożyczeń znajdują się również takie, których znaczenie całkowicie różni się od pierwotnego znaczenia słowa niemieckiego. Znaczenie zapożyczeń ulegało zawężeniu, gdy dany wyraz pojawiał się w języku polskim nie we wszystkich swych znaczeniach pierwotnych lub też rozszerzeniu, gdy został on zapożyczony zс wszystkimi pierwotnymi znaczeniami i dodatkowo obok nich pojawiło się zupełnie nowe znaczenie. Częstym zjawiskiem jest występowanie równocześnie różnych typów zmian znaczenia wyrazu zapożyczonego, np. zawężenia i przesunięcia lub/i rozszerzenia znaczenia. (shrink)

This article offers an argument of genocide denial as an injustice perpetrated not only against direct victims and survivors of genocide, but also against future members of the victim group. In particular, I argue that in cases of persistent and systematic denial, i.e. denialism, it perpetrates an epistemic injustice against them: testimonial oppression. First, I offer an account of testimonial oppression and introduce Kristie Dotson’s notion of testimonial smothering as one form of testimonial oppression, a mechanism of coerced silencing particularly (...) pertinent to genocide denialism. Secondly, I turn to the epistemology of genocide denialism and, using the example of Turkey’s denialism of the Armenian genocide, show how it presents what Linda Martín Alcoff calls a substantive practice of ignorance. Thirdly, I apply these considerations to individual practices of genocide denial and analyse the particular characteristics of testimony on genocide, the speaker vulnerabilities involved and the conditions under which hearers will reliably fail to meet the dependencies of a speaker testifying to genocide. Finally, I explore the harms that testimonial oppression perpetrates on members of the victim group, insofar as it systematically deprives them of epistemic recognition. (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available (...) to pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

My paper addresses what a religion is. I comment briefly on the "substantive versus functionalist" debate, and I provide reasons to reject both of them. While I offer short summary arguments against the functionalist approach, I develop two detailed arguments against the substantive one. The former moves from the evidence that religious beliefs change over time. The latter moves from internal disagreements about the meaning of the core beliefs of a faith. These two arguments show that it is (...) impossible to reduce the belief system of any historical faith to a set of propositions which all the adherents to a tradition assent to. Although my arguments are conceptual, I include also empirical materials in support of my view. I then conclude by presenting a pluralist account of religions from an internalist standpoint. (shrink)

The paper discusses three aspects of belonging to religious systems of belief within a modern liberal society, namely (1) the sincerity and consistency of belief, (2) the possibility of exteriorization of belief through broader social interactions or transactions, and (3) the relationship between religious belief and the modern concept of affirmative tolerance, or affirmation of differences, which has become a pronounced public policy in multicultural liberal societies. The author argues that, while negative tolerance allows sincere religious belief to flourish in (...) the private sphere and for benevolence to be shown to those who are seen as mistaken in their beliefs, affirmative tolerance opens an array of logical issues. The demand to extend potential substantive validation to opposed beliefs produces the ricochet effect of de-validating one’s own beliefs. This creates difficulties for religious communities when issues at stake are beliefs that, in the respective belief-systems, are definitive of the moral goodness and moral badness. Upon a more careful examination of the logical relations between the soteriological promises characteristic of what is sometimes called the ‘substantive’ layer of religiousness, on the one hand, and the public expectation of a tolerant coexistence of religious communities on a social level, on the other hand, it becomes clear that the tolerance required can only be a negative tolerance. Any expectation of affirmative tolerance de-values the soteriological script of the respective system of religious belief, and is thus likely to lead to serious disturbances in a liberal context of multi-cultural coexistence. The author argues that the recent political announcements of a ‘failure of the multicultural experiment’ are caused by the aggressive pursuit of ‘affirmative tolerance’ rather than by any in-built intolerance of others in any of the large religious belief systems now prevalent in the liberal democratic world. (shrink)

This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice (...) is a collective societal responsibility, the individual cannot be justly rewarded or punished for his or her choices with respect to life, well-being and essential commodities insofar as these choices are justified or excused by standards of substantive justice. Societal conditions and institutional arrangements should be recognized as grounds for justification and excuse because they may impose limits and constraints on the choices available to an individual that are as unavoidable and compelling as those imposed by chance or by another human being. (shrink)

Many say that ontological disputes are defective because they are unimportant or without substance. In this paper, we defend ontological disputes from the charge, with a special focus on disputes over the existence of composite objects. Disputes over the existence of composite objects, we argue, have a number of substantive implications across a variety of topics in metaphysics, science, philosophical theology, philosophy of mind, and ethics. Since the disputes over the existence of composite objects have these substantive implications, (...) they are themselves substantive. (shrink)

Formal views of autonomy rule out substantive rational capacities (reasons-responsiveness) as a condition of autonomous agency. I argue that such views face a number of underappreciated problems: they have trouble making sense of how autonomous agents could be robustly responsible for their choices, face the burden of explaining why there should be a stark distinction between the importance of factual and evaluative information within autonomous agency, and leave it mysterious why autonomy is the sort of thing that has value (...) and ought to be promoted. Moreover, I argue that the alternative view that includes substantive rational capacities need not have the unacceptable political implications it is sometimes thought to have. (shrink)

There are at least two different aspects of our rational evaluation of agents’ doxastic attitudes. First, we evaluate these attitudes according to whether they are supported by one’s evidence (substantive rationality). Second, we evaluate these attitudes according to how well they cohere with one another (structural rationality). In previous work, I’ve argued that substantive and structural rationality really are distinct, sui generis, kinds of rationality – call this view ‘dualism’, as opposed to ‘monism’, about rationality – by arguing (...) that the requirements of substantive and structural rationality can come into conflict. In this paper, I push the dialectic on this issue forward in two main ways. First, I argue that the most promising ways of resisting the diagnosis of my cases as conflicts still end up undermining monism in different ways. Second, supposing for the sake of argument that we should understand the cases as conflicts, I address the question of what we should do when such conflicts arise. I argue that, at least in a prominent kind of conflict case, the coherence requirements take precedence over the evidential requirements. (shrink)

Does immorality necessarily involve irrationality? The question is often taken to be among the deepest in moral philosophy. But apparently deep questions sometimes admit of deflationary answers. In this case we can make way for a deflationary answer by appealing to dualism about rationality, according to which there are two fundamentally distinct notions of rationality: structural rationality and substantive rationality. I have defended dualism elsewhere. Here, I’ll argue that it allows us to embrace a sensible – I will not (...) say boring – moderate view about the relationship between immorality and irrationality: roughly, that immorality involves substantive irrationality, but not structural irrationality. I defend this moderate view, and argue that many of the arguments for less moderate views turn either on missing the distinction between substantive and structural rationality, or on misconstruing it. (shrink)

Rational choice theory analyzes how an agent can rationally act, given his or her preferences, but says little about where those preferences come from. Preferences are usually assumed to be fixed and exogenously given. Building on related work on reasons and rational choice, we describe a framework for conceptualizing preference formation and preference change. In our model, an agent's preferences are based on certain "motivationally salient" properties of the alternatives over which the preferences are held. Preferences may change as new (...) properties of the alternatives become salient or previously salient properties cease to be salient. Our approach captures endogenous preferences in various contexts and helps to illuminate the distinction between formal and substantive concepts of rationality, as well as the role of perception in rational choice. (shrink)

Professional sport like most human activities undertaken for pay is subject to Article 23(2) of the Universal Declaration of Human Rights (“Equal Pay for Equal Work”). An athlete’s ‘work’ can be variously construed, however, as entertainment/profit generation, athletic performance, or effort. Feminist arguments for gender wage parity in professional sport based on the former two construals rely on counterfactual assumptions, given that most actual audiences and performances of athletes identifying as female do not (currently) equal those of athletes identifying as (...) male. But both philosophical and scientific accounts of the truth-conditions of counterfactual conditionals of the form ‘If conditions X obtained, then the entertainment value/performance of female athletes would equal that of male athletes’ remain uncertain. Construing athletic ‘work’ as effort, on the other hand, ties remuneration to a quasi-unobservable quantity, with paradoxical outcomes when varying levels of athletic or social disadvantage are taken into account. Appeal to procedural justice, finally, does not yield wage equality unless we make the same counterfactual assumptions, or postulate a right to equal remuneration on unrelated grounds of substantive justice. On either of these approaches, the case for gender wage parity in professional sport requires strengthening. (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First (...) is the theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental rights takes place in the context (...) of divorce where, during the pendency of litigation, one parent is routinely deprived of significant parental rights without any demonstration that a state interest exists—much less that there is a compelling state interest that cannot be achieved in any less restrictive way. In marked contrast to our current practice, treating parental rights as fundamental rights requires a presumption of joint legal and physical custody upon divorce and during the pendency of divorce litigation. The presumption may be overcome, but only by clear and convincing evidence that such an arrangement is harmful to the children. (shrink)

Several philosophers advance substantive theories of propositions, to deal with several issues they raise in connection with a concern with a long pedigree in philosophy, the problem of the unity of propositions. The qualification ‘substantive’ is meant to contrast with ‘minimal’ or ‘deflationary’ – roughly, views that reject that propositions have a hidden nature, worth investigating. Substantive views appear to create spurious problems by characterizing propositions in ways that make them unfit to perform their theoretical jobs. I (...) will present in this light some critical points against Hanks’ (2015, 2019) act-theoretic view, and Recanati’s (2019) recent elaboration of Hanks’ notion of cancellation. Both Hanks and Recanati, I’ll argue, rely on problematic conceptions of fiction and pretense. (shrink)

Using two decades worth of experimental philosophy (aka x-phi), Edouard Machery argues in Philosophy within its Proper Bounds (OUP, 2017) that philosophers’ use of the “method of cases” is unreliable because it has a strong tendency to elicit different intuitive responses from non-philosophers. And because, as Machery argues, appealing to such cases is usually the only way for philosophers to acquire the kind of knowledge they seek, an extensive philosophical skepticism follows. I argue that Machery’s “Unreliability” argument fails because, once (...) its premises are percisified, they are either self-defeating or without justification. This is a significant result because Machery’s arguments are the most widely cited and discussed x-phi arguments for philosophical skepticism and many hold that Machery provides the most empirically informed, convincing, and thus best case for this kind of skepticism. So, if my arguments are sound, then the best x-phi argument for philosophical skepticism fails. I further argue that this result provides strong reason to believe the more general conclusion that “negative” x-phi is likely doomed: x-phi likely can never support a substantive philosophical skepticism. Ultimately, I argue for the broad conclusion that all empirically minded arguments for philosophical skepticism are likely to fail for the same reasons that Machery’s does, i.e. they are (likely) self-defeating. (shrink)

As with all other moral realists, so-called relaxed moral realists believe that there are moral truths. Unlike metaphysical moral realists, they do not take themselves to be defending a substantively metaphysical position when espousing this view, but to be putting forward a moral thesis from within moral discourse. In this paper, I employ minimalism about truth to examine whether or not there is a semantic analysis of the claim ‘There are moral truths’ which can support this moral interpretation of one (...) of moral realism’s key theses. My results are both discouraging and encouraging: Whilst I will argue that the claim ‘There are moral truths’ cannot be shown to be both moral and capable of demarcating relaxed realism from irrealism on the basis of a convincing semantic analysis that would be compatible with relaxed commitments, the moral interpretation of moral realism can be secured by modifying our understanding of what distinguishes relaxed realism from error-theoretic irrealism. Yet, we will see that this moral interpretation of moral realism does not ‘tumble out’ of the semantics provided for its central claims. Rather, hard work needs to be done before we can fully relax. (shrink)

I argue for a substantive interpretation of Carlos Vaz Ferreira’s account of intellectual flourishing as intellectual liberation. For Vaz Ferreira, I argue, there is an inescapable master-slave dynamic between language and language users, so that flourishing intellectually essentially involves a type of mastery of language that frees up thinking from enslaving linguistic/conceptual confusions and thus facilitates the acquisition of truth. Central to this project are Vaz Ferreira’s most interesting, and radical, views on the nature of language signification and thus (...) on human’s ability to accurately describe and know reality, for failing to keep these linguistic limitations in mind, Vaz Ferreira argues, is a central way for language to enslave humans to confused thinking and thus prevent their intellectual flourishing. (shrink)

Discussion of the relevance of grounding to substantiveness, theory-choice, and “location problems” in metaphysics.

This dialogue presents a substantive account of the nature and aim of ontology.Export citation.

Relationalists about episodic memory must endorse a disjunctivist theory of memory-experience according to which cases of genuine memory and cases of total confabulation involve distinct kinds of mental event with different natures. This paper is concerned with a pair of arguments against this view, which are analogues of the ‘causal argument’ and the ‘screening off argument’ that have been pressed in recent literature against relationalist (and hence disjunctivist) theories of perception. The central claim to be advanced is that to deal (...) with these two arguments, memory disjunctivists both can and should draw on resources that are standardly appealed to by rival common factor theories of episodic memory, and, in particular, to the idea that genuine memories and merely apparent ones are to be distinguished, at least in part, in terms of the distinctive ways in which they are caused. On the proposed view, there are substantive causal constraints associated both with cases of genuine memory and with cases of mere confabulation. The resulting theory thus tells us something important about the nature both of genuine memories and of mere confabulations, namely, that such experiences must be caused in certain distinctive ways and cannot occur except as the result of a distinctive sort of causal process. In addition, the theory enables the disjunctivist to offer a unified response to an important pair of arguments against her view. (shrink)

Many have claimed that legitimate constitutional democracy is either conceptually or practically impossible, given infinite regress paradoxes deriving from the requirement of simultaneously democratic and constitutional origins for legitimate government. This paper first critically investigates prominent conceptual and practical bootstrapping objections advanced by Barnett and Michelman. It then argues that the real conceptual root of such bootstrapping objections is not any specific substantive account of legitimacy makers, such as consent or democratic endorsement, but a particular conception of the logic (...) of normative standards—the determinate threshold conception—that the critic attributes to the putatively undermined account of legitimacy. The paper further claims that when we abandon threshold conceptions of the logic of legitimacy in favor of regulative-ideal conceptions, then the objections, from bootstrapping paradoxes to the very idea of constitutional democracy, disappear. It concludes with considerations in favor of adopting a more demanding conception of the regulative ideal of constitutional democracy, advanced by Habermas, focusing on potentials for developmental learning. (shrink)

The debate on the notion of function has been historically dominated by dispositional and etiological accounts, but recently a third contender has gained prominence: the organizational account. This original theory of function is intended to offer an alternative account based on the notion of self-maintaining system. However, there is a set of cases where organizational accounts seem to generate counterintuitive results. These cases involve cross-generational traits, that is, traits that do not contribute in any relevant way to the self-maintenance of (...) the organism carrying them, but instead have very important effects on organisms that belong to the next generation. We argue that any plausible solution to the problem of cross-generational traits shows that the organizational account just is a version of the etiological theory and, furthermore, that it does not provide any substantive advantage over standard etiological theories of function. (shrink)

This paper focuses on Elizabeth Anderson’s application of the epistemological idiom of mētis to the debate over the equal status of indigenous knowledge and scientific knowledge in the academic curriculum. Against the denial of this equal status by critics of indigenous knowledge or science, Anderson defends what one might term a conciliatory view, the view, roughly, that indigenous knowledge meets the criteria of scientific knowledge presupposed by the critics of the equal status of indigenous knowledge and scientific knowledge in the (...) academic curriculum, and it is continuous with agroecological form of mainstream scientific inquiry. I argue that the conciliatory view does not rest substantively on mētis as an epistemological idiom since the view is based on the direct conceptual relation between the notion of indigenous knowledge and the notion of scientific knowledge or inquiry. More importantly, the view amounts to appealing to the critics of the equal status of indigenous knowledge on the terms of those critics and leaves unchallenged those very core assumptions that ground their denial of the equal status of indigenous knowledge in the first place. Building on her fruitful analysis of mētis, I attempt a sketch of an alternative view that vindicates the equal status of indigenous knowledge and scientific knowledge in the academic curriculum, but which avoids those drawbacks. (shrink)

Karl Pfeifer attempts to present a coherent view of panentheism that eschews Pickwickian senses of “in” and aligns itself with, and builds upon, familiar diagrammed portrayals of panentheism. The account is accordingly spatial-locative and moreover accepts the proposal of R.T. Mullins that absolute space and time be regarded as attributes of God. In addition, however, it argues that a substantive parthood relation between the world and God is required. Pfeifer’s preferred version of panpsychism, viz. panintentionalism, is thrown into the (...) mix as an optional add-on. On this account, God is conceived of as a “spiritual field” whose nature can be made more intelligible by regarding “God” as having a mass-noun sense in some contexts. Pfeifer closes with the suggestion that we look to topology and mereology for further development of the position outlined in his paper. (shrink)

Substantivism is a general philosophical methodology advocating a substantive approach to philosophical theorizing. In this article, I present an overview of this methodology with a special emphasis on the field of truth. I begin with a framework for understanding what is at stake in the substantivist–deflationist debate and describe the substantivist critique of deflationism. I then proceed to discuss contemporary substantivism as a positive methodology, present examples of recent substantivist theories of truth, delineate several principles of philosophical substantivism, and (...) connect it to contemporary thought about the nature and methods of philosophy. Due to limitations of space, I am unable to discuss all the forms contemporary substantivism has taken. But I try to give a clear sense of the central principles, challenges, and promise of this methodology. (shrink)

The paper investigates what type of motivation can be given for adopting a knowledge-based decision theory. KBDT seems to have several advantages over competing theories of rationality. It is commonly argued that this theory would naturally fit with the intuitive idea that being rational is doing what we take to be best given what we know, an idea often supported by appeal to ordinary folk appraisals. Moreover, KBDT seems to strike a perfect balance between the problematic extremes of subjectivist and (...) objectivist decision theory. We argue that these alleged advantages do not stand up to a closer scrutiny: KBDT inherits the same kinds of problems as alternative decision theoretic frameworks but doesn’t retain any of the respective advantages. Moreover, differently from other knowledge-action principles advanced in the literature, KBDT cannot fully explain the intuitive connections between knowledge and rational action. We conclude that the most serious challenge for knowledge-based decision theorists is to provide a substantive rationale for the adoption of such a view. (shrink)

According to a rich tradition in philosophy of action, intentional action requires practical knowledge: someone who acts intentionally knows what they are doing while they are doing it. Piñeros Glasscock argues that an anti-luminosity argument, of the sort developed in Williamson, can be readily adapted to provide a reductio of an epistemic condition on intentional action. This paper undertakes a rescue mission on behalf of an epistemic condition on intentional action. We formulate and defend a version of an epistemic condition (...) that is free from any luminosity commitments. While this version of an epistemic condition escapes reductio, it comes with substantive commitments of its own. In particular, we will see that it forces us to deny the existence of any essentially intentional actions. We go on to argue that this consequence should be embraced. On the resulting picture, intentional action is not luminous. But it still entails practical knowledge. (shrink)

Democracy is rule by the demos, but by what criteria is the demos constituted? Theorists of democracy have tended to assume that the demos is properly defined by national boundaries or by the territorial boundaries of the modern state. In a recent turn, many democratic theorists have advanced the principles of affected interests and coercion as the basis for defining the boundaries of democracy. According to these principles, it is not co-nationals or fellow citizens but all affected or all subjected (...) to coercion who constitute the demos. In this paper, I argue that these recent approaches to the boundary problem are insufficiently attentive to the conditions of democracy. Democracy is not merely a set of procedures; it also consists of substantive values and principles. Political equality is a constitutive condition of democracy, and solidarity is an instrumental condition of democracy. The affected interests and coercion principles create serious problems for the realization of these conditions – problems of size and stability. Building on this critique, this paper presents democratic considerations for why the demos should be bounded by the territorial boundaries of the state, grounded in the state’s role in (1) securing the constitutive conditions of democracy, (2) serving as the primary site of solidarity conducive to democratic participation, and (3) establishing clear links between representatives and their constituents. I examine and reject a third alternative, a global demos bounded by a world state, and conclude by considering some practical implications of my argument. (shrink)

Proper functionalism explicates epistemic warrant in terms of the function and normal functioning of the belief-forming process. There are two standard substantive views of the sources of functions in the literature in epistemology: God (intelligent design) or Mother Nature (evolution by natural selection). Both appear to confront the Swampman objection: couldn’t there be a mind with warranted beliefs neither designed by God nor the product of evolution by natural selection? Is there another substantive view that avoids the Swampman (...) objection? There are two. The first is the generalized selected-effects theory of functions. The second is the organizational theory of functions. Both, however, require some history to assign functions, for both are etiological theories of functions: past effects help explain current function. Swampman can then acquire functions, perhaps soon after creation, though he has none at the moment of inception. (shrink)

Epistocracy and populism are usually seen as opposites. The first finds error in democracy’s reliance on the sub-optimal decisions by the supposedly incompetent masses, and argues that political decisions should be tied to epistemic merit, not popularity. The populist critique of democracy, contrarily, finds that there is not enough political confrontation in standard representative democracies where the ‘real people’ are not properly embodied, and thus pits an imagined direct will of the unified and virtuous people against a self-serving establishment. This (...) article demonstrates that these ideologies have surprising underlying similarities concerning their categorization, political ontology, epistemology and a conception of political authority. Firstly, they both are second-order political ideologies that are not directly tied with substantive political content but rather with the interpretation of how to govern assuming disagreement concerning first-order political ideologies. Secondly, their political ontology divides citizens into two constitutively differing parts, one of which they (partly) exclude from political membership. Thirdly, their political epistemology assumes the existence of political truths which makes their conception of authority anti-proceduralist, either instrumentalist or moralist. Fourthly, they downplay the value of pluralism, deliberation and dissent. Uncovering these commonalities helps us detect and understand the dynamics of some anti-democratic tendencies better. (shrink)

This paper provides a critical overview of the realist current in contemporary political philosophy. We define political realism on the basis of its attempt to give varying degrees of autonomy to politics as a sphere of human activity, in large part through its exploration of the sources of normativity appropriate for the political and so distinguish sharply between political realism and non-ideal theory. We then identify and discuss four key arguments advanced by political realists: from ideology, from the relationship of (...) ethics to politics, from the priority of legitimacy over justice and from the nature of political judgement. Next, we ask to what extent realism is a methodological approach as opposed to a substantive political position and so discuss the relationship between realism and a few such positions. We close by pointing out the links between contemporary realism and the realist strand that runs through much of the history of Western political thought. (shrink)

This article presents a fairness principle for evaluating decision-making based on predictions: a decision rule is unfair when the individuals directly impacted by the decisions who are equal with respect to the features that justify inequalities in outcomes do not have the same statistical prospects of being benefited or harmed by them, irrespective of their socially salient morally arbitrary traits. The principle can be used to evaluate prediction-based decision-making from the point of view of a wide range of antecedently specified (...) substantive views about justice in outcome distributions. (shrink)

This paper offers a general model of substantive moral principles as a kind of hedged moral principles that can (but don't have to) tolerate exceptions. I argue that the kind of principles I defend provide an account of what would make an exception to them permissible. I also argue that these principles are nonetheless robustly explanatory with respect to a variety of moral facts; that they make sense of error, uncertainty, and disagreement concerning moral principles and their implications; and (...) that one can grasp these principles without having to grasp any particular list of their permissibly exceptional instances. I conclude by pointing out various advantages that this model of principles has over several of its rivals. The bottom line is that we should find nothing peculiarly odd or problematic about the idea of exception-tolerating and yet robustly explanatory moral principles. (shrink)