A straightforward way to handle moral uncertainty is simply to follow the moral theory in which you have most credence. This approach is known as My Favourite Theory. In this paper, I argue that, in some cases, My Favourite Theory prescribes choices that are, sequentially, worse in expected moral value than the opposite choices according to each moral theory you have any credence in. In addition this, problem generalizes to other approaches that avoid intertheoretic comparisons of value, such as My (...) Favourite Option, the Borda Rule, Variance Normalization, and the Principle of Maximizing Expected Normalized Moral Value. (shrink)

The Golden Rule, most commonly expressed in the form "do to others what you would have them do to you", has attracted criticism for failing to provide practical guidance in case of moral disagreement and for being susceptible to irrational outcomes. I argue that the alleged limitations are not a defect but just what makes the Golden Rule an effective tool of socio-ontological transformation towards ideal agency.

A number of philosophers from Hobbes to Mill to Parfit have held some combination of the following views about the Golden Rule: (a) It is the cornerstone of morality across many if not all cultures. (b) It affirms the value of moral impartiality, and potentially the core idea of utilitarianism. (c) It is immune from evolutionary debunking, that is, there is no good naturalistic explanation for widespread acceptance of the Golden Rule, ergo the best explanation for its appearance (...) in different traditions is that people have perceived the same non-natural moral truth. De Lazari-Radek and Singer employ all three of these claims in an argument meant to vindicate Sidgwick's ‘principle of universal benevolence’. I argue that the Golden Rule is the cornerstone of morality only in Christianity, it does not advocate moral impartiality, and there is a naturalistic explanation for why versions of the Golden Rule appear in different traditions. (shrink)

One side of this paper is devoted to showing that the Golden Rule, understood as standing for universal love, is centrally characteristic of Confucianism properly understood, rather than graded, familial love. In this respect Confucianism and Christianity are similar. The other side of this paper is devoted to arguing contra 18 centuries of commentators that the negative sentential formulation of the Golden Rule as found in Confucius cannot be converted to an affirmative sentential formulation (as is found in (...) Christianity) without a change in its meaning. In this respect Confucianism and Christianity are different. (shrink)

Many philosophers, following Williamson (The Philosophical Review 105(4): 489–523, 1996), Williamson (Knowledge and its Limits, Oxford, Oxford Univer- sity Press, 2000), subscribe to the constitutive rule account of assertion (CRAA). They hold that the activity of asserting is constituted by a single constitutive rule of assertion. However, in recent work, Maitra (in: Brown & Cappelen (ed). Assertion: new philosophical essays, Oxford, Oxford University Press, 2011), Johnson (Acta Analytica 33(1): 51–67, 2018), and Kelp and Simion (Synthese 197(1): 125–137, 2020a), (...) Kelp and Simion (in: Goldberg (ed) The Oxford Handbook of Assertion, Oxford, Oxford University Press, 2020b) aim to show that, for all the most popular versions of the constitutive rule of assertion proposed in the literature, asserting is not an activity constituted by a single constitutive rule and that therefore CRAA is very likely false. To reach this conclusion, they all present a version of what can be dubbed the engagement condition objection. That is, they each propose a necessary condition on engaging in rule-constituted activities. Then they argue that, for all the most popular versions of the constitutive rule of assertion proposed in the literature, one can make assertions without satisfying this condition. In response, I present a counterexample that shows that the proposed engagement conditions lead to coun- terintuitive results, and I propose an alternative that better captures our intuitions. Then I argue that this alternative engagement condition is compatible with all the most popular versions of the constitutive rule of assertion. (shrink)

In a recent paper, Tim Henning argues that the result that we should save the greatest number in rescue cases can be established on procedural grounds without making use of the aggregation of interests. He first argues that we ought to respect the affected persons' equal claims to have a say in the rescue decision and that this can only be achieved by the majority rule, which consists in giving each affected person an equal vote. Then he argues for (...) the second claim that if everyone votes in their self-interest, then the greatest number will be saved. I present a class of cases in which the second claim fails. This establishes that even if self-interested voting is assumed, the majority rule does not always lead to the greatest number being saved. (shrink)

Recent events have revived questions about the circumstances that ought to trigger therapists' duty to warn or protect. There is extensive interstate variation in duty to warn or protect statutes enacted and rulings made in the wake of the California Tarasoff ruling. These duties may be codified in legislative statutes, established in common law through court rulings, or remain unspecified. Furthermore, the duty to warn or protect is not only variable between states but also has been dynamic across time. In (...) this article, we review the implications of this variability and dynamism, focusing on three sets of questions: first, what legal and ethics-related challenges do therapists in each of the three broad categories of states (states that mandate therapists to warn or protect, states that permit therapists to breach confidentiality for warnings but have no mandate, and states that give no guidance) face in handling threats of violence? Second, what training do therapists and other professionals involved in handling violent threats receive, and is this training adequate for the task that these professionals are charged with? Third, how have recent court cases changed the scope of the duty? We conclude by pointing to gaps in the empirical and conceptual scholarship surrounding the duty to warn or protect. (shrink)

The Golden Rule (“what you want done [or not done] to yourself, do [or don’t do] to others”) is the most widely accepted summary statement of human morality, and even today it continues to have philosophical supporters. This article argues that the Golden Rule suffers from four faults, the first two related to the ethics of justice and the second two related to the ethics of benevolence. One, it fails to explain how to deal with non-reciprocation. Two, it (...) fails to make clear that my obligations are obligations regardless of how I would wish to be treated by others. Three, it lacks any special value in explaining the right occasions for benevolence. And, four, it has no power to motivate benevolence. (shrink)

We provide a derivation of the Born Rule in the context of the Everett (Many-Worlds) approach to quantum mechanics. Our argument is based on the idea of self-locating uncertainty: in the period between the wave function branching via decoherence and an observer registering the outcome of the measurement, that observer can know the state of the universe precisely without knowing which branch they are on. We show that there is a uniquely rational way to apportion credence in such cases, (...) which leads directly to the Born Rule. Our analysis generalizes straightforwardly to cases of combined classical and quantum self-locating uncertainty, as in the cosmological multiverse. (shrink)

The majority rule has caught much attention in recent debate about the aggregation of judgments. But its role in finding the truth is limited. A majority of expert judgments is not necessarily authoritative, even if all experts are equally competent, if they make their judgments independently of each other, and if all the judgments are based on the same source of (good) evidence. In this paper I demonstrate this limitation by presenting a simple counterexample and a related general result. (...) I pave the way for this argument by introducing a Bayesian model of evidence and expert judgment in order to give a precise account of the basic problem. (shrink)

In Everettian quantum mechanics, justifications for the Born rule appeal to self-locating uncertainty or decision theory. Such justifications have focused exclusively on a pure-state Everettian multiverse, represented by a wave function. Recent works in quantum foundations suggest that it is viable to consider a mixed-state Everettian multiverse, represented by a (mixed-state) density matrix. Here, we develop the conceptual foundations for decoherence and branching in a mixed-state multiverse, and extend the standard Everettian justifications for the Born rule to this (...) setting. This extended framework provides a unification of 'classical' and 'quantum' probabilities, and additional theoretical benefits, for the Everettian picture. (shrink)

My paper has two parts. First, I talk about the golden rule. After introducing the rule and its global importance, I explain why many scholars dismiss it as a vague proverb that leads to absurdities when we try to formulate it clearly. I defend the golden rule against such objections. Second, I talk about the golden rule in Persia and Islam; I consider Persian sources and also non-Persian Muslim sources. I show that the golden rule (...) is deeply rooted in Persia and Islam. And I point out special ways that this tradition‘s understanding of the golden rule can contribute to those outside this tradition. (shrink)

In this paper, I suggest that for some proposed solutions to global justice problems, incompatibility with the necessary features of international law is a reason to reject them. I illustrate this by discussing the problem raised by the case of unjust combatants, that is, combatants lacking a just cause for war. I argue that the principle of inequality of combatants, which suggests that we ought to prohibit those without a just cause for war from fighting, is not only a bad (...) international legal principle, but also a bad principle of global justice. (shrink)

The centered Everett interpretation solves a problem that various approaches to quantum theory face. In this paper, I continue developing the theory underlying that solution. In particular, I defend the centered Everett interpretation against a few objections, and I provide additional motivation for some of its key features.

It can often seem like the attitude we hold towards a conditional should be our attitude in the consequent on the supposition of the antecedent. Following by Williamson (Suppose and Tell: The Semantics and Heuristics of Conditionals. Oxford University Press, 2020), we call this The suppositional rule (SR). The Adams-style non-propositional theories of indicatives upholds some key implications of SR, allowing, for instance, our credence in a conditional to be the probability of the consequent given the antecedent. Williamson (Suppose (...) and Tell: The Semantics and Heuristics of Conditionals. Oxford University Press, 2020) has recently provided a series of inconsistency arguments against SR. He thereby intends to undermine non-propositional views as well as other rivals to his favoured material conditional account. I outline a strategy which theorists of all stripes can employ to avoid Williamson’s arguments. I then show how non-propositionalists can implement this strategy. I show how they can uphold SR when it is intuitively compelling, whilst allowing it to fail when it is not. (shrink)

In this article, the Golden Rule, a central ethical value to both Judaism and Confucianism, is evaluated in its prescriptive and proscriptive sentential formulations. Contrary to the positively worded, prescriptive formulation – “Love others as oneself” – the prohibitive formulation, which forms the injunction, “Do not harm others, as one would not harm oneself,” is shown to be the more prevalent Judaic and Confucian presentation of the Golden Rule. After establishing this point, the remainder of the article is (...) dedicated to an inquiry into why this preference between the two Golden-Rule-formulations occurs. In doing so, this article discovers four main benefits to the proscriptive formulations: I) harm-doing, as opposed to generalizable moral goodness, is easier for individuals to subjectively comprehend II) the prevention of harm-doing is the most fundamental ethical priority III) the proscriptive formulation preserves self-directed discovery of what is good, thus preserving moral autonomy IV) individuals are psychologically pre-disposed toward responding to prohibitions rather than counsels of goodness. (shrink)

Timothy Williamson has argued that, unless the speech act of assertion were supposed to be governed by his so-called Knowledge Rule, one could not explain why sentences of the form "A and I do not know that A" are unassertable. This paper advances three objections against that argument, of which the first two aim to show that, even assuming that Williamson's explanandum has been properly circumscribed, his explanation would not be correct, and the third aims to show that his (...) explanandum has not been properly circumscribed. (shrink)

Background: Efforts to better understand and improve letters of recommendation (LORs) in the resident selection process have identified unwritten rules and hidden practices that may limit their effectiveness. The objective of our study is to explore these unwritten rules and hidden practices more fully in one Canadian academic medical community. -/- Methods: We conducted semi-structured, discourse-based interviews with 18 faculty members from the departments of Internal Medicine and Psychiatry at the University of Manitoba, Canada. Interviews were guided by sample LORs (...) and were focused on experiences with either writing or reading LORs. We analyzed interviews using key concepts from genre theory and Aristotle’s appeals to ethos, logos, and pathos. -/- Results: Participants described how the practices surrounding LORs are guided by unwritten rules. These practices contributed to writers’ use of visible strategies and textual silence to establish credibility, build a strong case, and appeal to readers. Readers rely on similar strategies, but not always as intended by the writers. -/- Conclusions: The unwritten rules of one academic community can impede a nationally-facilitated resident selection process. Our findings highlight how critiques and potential improvements to LORs could benefit from considering the use of visible and invisible rhetorical strategies in specific contexts. (shrink)

The history of statistics is filled with many controversies, in which the prime focus has been the difference in the “interpretation of probability” between Fre- quentist and Bayesian theories. Many philosophical arguments have been elabo- rated to examine the problems of both theories based on this dichotomized view of statistics, including the well-known stopping-rule problem and the catch-all hy- pothesis problem. However, there are also several “hybrid” approaches in theory, practice, and philosophical analysis. This poses many fundamental questions. This (...) paper reviews three cases and argues that the interpretation problem of probabil- ity is insufficient to begin a philosophical analysis of the current issues in the field of statistics. A novel viewpoint is proposed to examine the relationship between the stopping-rule problem and the catch-all hypothesis problem. (shrink)

Abstract: This paper develops and advocates a rule for assigning self-locating credences in quantum branching scenarios, called Indexed Branch-Counting. It is argued that Indexed Branch-Counting can be justified on both accuracy-theoretic grounds and on the grounds that it satisfies a requirement of exchangeability for probability assignments. Since Indexed Branch-Counting diverges from the Born Rule, this poses trouble for Everettian approaches to probability. The paper also addresses a common argument against branch-counting, namely that the rule is incoherent in (...) light of putative vagueness in the number of branches. Finally, the paper addresses a recent proposal from Simon Saunders that aims to reconcile branch-counting with the Born Rule, arguing that the proposal faces challenges. (shrink)

In this new edition, a hypothesis is put forward for the first time to unify the Big Bang theory and the evolutionary theory by showing both events following the same set of fundamental interrelationships. As the evolution of life is a part of the evolutions of the universe, these two events express many fundamental similarities (this is self-similarity, which means a part of the system is similar to the whole system). Based on the same principle, the evolution of multicellular organisms, (...) social evolution, development of the human body, and human technological development are all a part of the evolution of life. Thus, they all follow the same set of rules that all life follows and, at the fundamental level, the interrelationships that the Big Bang follows. Therefore, all of these events follow the fundamental interrelationships and express fundamental similarities. In other words, all these events are the specific expressions of those fundamental interrelationships – the fundamental mechanism that governs everything in the universe. -/- Upon these interrelationships, new approaches to study social development and technological development are employed. By using the knowledge of the medical sciences, including the structures (anatomy and histology), functions (physiology) and development (embryology) of a human body; knowledge of the evolution of life; and the concept of fundamental interrelationships, we can see the future beyond the horizon. Using the nerve system in parallel as a model, we can comprehensively understand the development of the information revolution. Based upon parallel interrelationships, we can see that the transformation of society due to individuals’ power increase brought by new technologies bears great similarities with the transformation from the solid state of ice to the liquid state of water due the individual molecules’ kinetic energy increase. -/- As the fundamental interrelationships govern social evolution, all events in human civilisation are simply specific expressions of those rules in which significant social events not only changed the course of civilisation but left so many unanswered mysteries: how did the Greeks build such brilliant civilisations; why did the Scientific Revolution originate from the West rather than the East such as in China; why did the Chinese society remain in feudalism for such a long time while the Western society had evolved into a higher level – industrialization and modern society; why did the Chinese civilisation fall from its ancient glory in the modern time but rapidly re-rise again to a super power in the last few decades? All these mysteries remain unanswered because of the lack of fundamental laws of physics and evolutionary biology used in the traditional methodologies of social science. As the fundamental laws of physics are the fundamental mechanism for everything and these mysteries are a part of the evolution of life, the fundamental laws of physics and evolutionary biology are used in tackling these unanswered issues. For example, upon parallel relationship, Chinese civilisation is compared with the transition from unicellular organisms to multicellular organisms. From how unicellular organisms aggregate and evolve new rules to organise themselves, we can much better understand how human individuals aggregate to form societies and evolve new cultures to organise themselves in social evolution. Furthermore, transformation from the solid state of ice to the liquid state of water is used to analyze Chinese social evolution. With these approaches the mysteries in Chinese civilisation have been answered. -/- Ultimately, all these discussions in this book have demonstrated that the Interrelationships Model has unified social science with natural science, and furthermore, science with philosophy. This is an important attempt in answering the most fundamental and intriguing question of all – the Theory of Everything. -/- Currently, this book is for FREE download. (shrink)

Nickles (2017) advocates scientific antirealism by appealing to the pessimistic induction over scientific theories, the illusion hypothesis (Quoidbach, Gilbert, and Wilson, 2013), and Darwin’s evolutionary theory. He rejects Putnam’s (1975: 73) no-miracles argument on the grounds that it uses inference to the best explanation. I object that both the illusion hypothesis and evolutionary theory clash with the pessimistic induction and with his negative attitude towards inference to the best explanation. I also argue that Nickles’s positive philosophical theories are subject to (...) Park’s (2017a) pessimistic induction over antirealists. (shrink)

According to a persistent assumption in legal philosophy, the social rule at the foundation of a legal system (the Rule of Recognition) serves both an epistemic and a duty-imposing function. Thus, some authors have claimed that it would be a formidable problem for legal philosophy to explain how such social rules can impose duties, and some have taken it upon themselves to show how social practices might just do that. However, I argue that this orthodox assumption about the (...) dual function of rule of recognition is ill-founded. Contrary to the orthodox view, we have no good reasons to ascribe more than an epistemic function to the rule of recognition. Accordingly, the norms deriving immediately from the rule of recognition are no different than those entailed by other epistemic, grammatical or syntactic norms. Consequently, accounts of the normativity of law need not explain how social practices like conventions or plans might impose duties on the officials of a legal system. (shrink)

We examined whether the enforcement of phantom rules—frequently broken and rarely enforced codified rules—varies by the race of the rule breaker. First, we analyzed whether race affects when 311 calls, a nonemergency service, end in arrest in New York City. Across 10 years, we found that calls from census blocks of neighborhoods consisting of mostly White individuals were 65% less likely to escalate to arrest than those where White people were the numerical minority. Next, we experimentally manipulated transgressor race (...) and found that participants (N = 393) who were high in social dominance orientation were more likely to route 311 calls to 911 when the transgressor was Black (vs. White). We also explored the subjective experience of phantom rule enforcement; People of color report they are more likely to be punished for violating phantom rules compared to White people. Overall, we find evidence of racism in the enforcement of phantom rules. (shrink)

What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? -/- This open access book traces the promise and paradox of the American rule of law in three interwoven ways. -/- It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the (...) goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? -/- It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. -/- Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. (shrink)

According to an influential hypothesis, the speech act of assertion is subject to a single 'constitutive' rule, that takes the form: "One must: assert that p only if p has C". Scholars working on assertion interpret the assumption that this rule is 'constitutive' in different ways. This disagreement, often unacknowledged, threatens the foundations of the philosophical debate on assertion. This paper reviews different interpretations of the claim that assertion is governed by a constitutive rule. It argues that (...) once we understand the full import of assuming that assertion is governed by a constitutive rule, it becomes clear that some fundamental assumptions of the current debate are mistaken, and others unwarranted. (shrink)

‘Rule-following’ is a name for a cluster of phenomena where we seem both guided and “normatively” constrained by something general in performing particular actions. Understanding the phenomenon is important because of its connection to meaning, representation, and content. This article gives an overview of the philosophical discussion of rule-following with emphasis on Kripke’s skeptical paradox and recent work on possible solutions. Part I of this two-part contribution is devoted to the basic issues from Wittgenstein to Kripke. Part II (...) will be about recent answers to the skeptical paradox and Boghossian’s and Wright’s new puzzles. (shrink)

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

Foundational theories of mental content seek to identify the conditions under which a mental representation expresses, in the mind of a particular thinker, a particular content. Normativists endorse the following general sort of foundational theory of mental content: A mental representation r expresses concept C for agent S just in case S ought to use r in conformity with some particular pattern of use associated with C. In response to Normativist theories of content, Kathrin Glüer-Pagin and Åsa Wikforss propose a (...) dilemma, alleging that Normativism either entails a vicious regress or falls prey to a charge of idleness. In this paper, I respond to this argument. I argue that Normativism can avoid the commitments that generate the regress and does not propose the sort of explanation required to charge that its explanation has been shown to be problematically idle. The regress-generating commitment to be avoided is, roughly, that tokened, contentful mental states are the product of rule-following. The explanatory task Normativists should disavow is that of explaining how it is that beliefs and other contentful mental states are produced. I argue that Normativism, properly understood as a theory of content, does not provide this kind of psychological explanation, and therefore does not entail that such explanations are to be given in terms of rule-following. If this is correct, Normativism is not the proper target of the dilemma offered by Glüer-Pagin and Wikforss. Understanding why one might construe Normativism in the way Glüer-Pagin and Wikforss must, and how, properly understood, it avoids their dilemma, can help us to appreciate the attractiveness of a genuinely normative theory of content and the importance of paying careful attention to the sort of normativity involved in norm-based theories of content. (shrink)

In the theory of meaning, it is common to contrast truth-conditional theories of meaning with theories which identify the meaning of an expression with its use. One rather exact version of the somewhat vague use-theoretic picture is the view that the standard rules of inference determine the meanings of logical constants. Often this idea also functions as a paradigm for more general use-theoretic approaches to meaning. In particular, the idea plays a key role in the anti-realist program of Dummett and (...) his followers. In the theory of truth, a key distinction now is made between substantial theories and minimalist or deflationist views. According to the former, truth is a genuine substantial property of the truth-bearers, whereas according to the latter, truth does not have any deeper essence, but all that can be said about truth is contained in T-sentences (sentences having the form: ‘P’ is true if and only if P). There is no necessary analytic connection between the above theories of meaning and truth, but they have nevertheless some connections. Realists often favour some kind of truth-conditional theory of meaning and a substantial theory of truth (in particular, the correspondence theory). Minimalists and deflationists on truth characteristically advocate the use theory of meaning (e.g. Horwich). Semantical anti-realism (e.g. Dummett, Prawitz) forms an interesting middle case: its starting point is the use theory of meaning, but it usually accepts a substantial view on truth, namely that truth is to be equated with verifiability or warranted assertability. When truth is so understood, it is also possible to accept the idea that meaning is closely related to truth-conditions, and hence the conflict between use theories and truth-conditional theories in a sense disappears in this view. (shrink)

Vann McGee has recently argued that Belnap’s criteria constrain the formal rules of classical natural deduction to uniquely determine the semantic values of the propositional logical connectives and quantifiers if the rules are taken to be open-ended, i.e., if they are truth-preserving within any mathematically possible extension of the original language. The main assumption of his argument is that for any class of models there is a mathematically possible language in which there is a sentence true in just those models. (...) I show that this assumption does not hold for the class of models of classical propositional logic. In particular, I show that the existence of non-normal models for negation undermines McGee’s argument. (shrink)

The level of enjoyment in participating in sports activities is one component that causes young athletes to decide to stop or become more motivated to pursue sports activities. Practicing and participating in competitions are the main activities in sports coaching interactions towards optimal performance. This study aims to determine the effect of modifying the match rules implemented in youth soccer competitions on the level of enjoyment of players. Using an experimental method with 20 soccer schools participating in a competition with (...) modified game rules. Players registered by his team amounted to an average of 13.8 players aged 9-12 years. The number of players who are willing to fill out the pleasure level questionnaire is 238 players. Each player was asked to fill out a questionnaire before and after the competition, the questionnaire was analyzed using the mean and percentage test technique. The results of data analysis showed the average score before participating in the competition was 4.10 while after participating in the competition it was 4.47, which means an increase of 8.88%. The results showed that the level of enjoyment of the players increased after participating in the competition. Modification of the rule of the game in competition affects the level of enjoyment of players in the interaction of youth soccer coaching. Coaches, administrators, and match organizers are expected to have a positive paradigm of thinking and policy making towards the organization of competitions for young soccer players. (shrink)

Are norms of inquiry in tension with epistemic norms? I provide a (largely) negative answer, turning to a picture of epistemic practices as rule-governed games. The idea is that, while epistemic norms are correctness standards for the attitudes involved in epistemic games, norms of inquiry derive from the aims of those games. Attitudes that, despite being epistemically correct, are inadvisable regarding the goals of some inquiry are just like bad (but legal) moves in basketball or chess. I further consider (...) cases in which the aims of inquiry recommend breaking epistemic norms. I compare them to strategic infractions, which are common in many coherent games. Finally, I explore the connections between rules and aims in games and in inquiry. I show that in both cases respecting the rules is constitutively required for satisfying the aims of the practice. (shrink)

The U.S. election in November 2016 raised and amplified doubts about first-past-the-post (“plurality rule”) electoral systems. Arguments against plurality rule and for alternatives like preferential voting tend to be consequentialist: it is argued that systems like preferential voting produce different, better outcomes. After briefly noting why the consequentialist case against plurality rule is more complex and contentious than it first appears, I offer an expressive alternative: plurality rule produces actual or apparent dilemmas for voters in ways (...) that are morally objectionable, and avoidable under preferential voting systems. This expressive case against plurality rule is both simpler and more ecumenical than its consequentialist counterpart, and it provides strong reasons to prefer alternatives to plurality rule. Moreover, it suggests a distinct way of evaluating different alternatives like preferential voting. (shrink)

There are increasing calls for rejecting the ‘dead donor’ rule and permitting ‘organ donation euthanasia’ in organ transplantation. I argue that the fundamental problem with this proposal is that it would bestow more worth on the organs than the donor who has them. What is at stake is the basis of human equality, which, I argue, should be based on an ineliminable dignity that each of us has in virtue of having a rational nature. To allow mortal harvesting would (...) be to make our worth contingent upon variable quality of life of judgments that can only be based on properties that come in degrees. Thus, rejecting the ‘dead donor’ rule comes at the expense of our egalitarian principles with respect to the value each individual human life has in relation to the protections against killing. (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that (...) have to do with "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

The Golden Rule is (roughly) as follows: treat others as you would have others treat you. Philosophical reactions to it vary; it has both supporters and detractors. In any case, almost nobody who things critically about morality takes the literal version of the Golden Rule seriously, since there are just too many problems with it. To demonstrate this, I will look at a literal version of the Golden Rule espoused by John C. Maxwell, a well-known and influential (...) motivational speaker, and briefly discuss some of the obvious problems that it faces. I will then examine a more sophisticated version of the Golden Rule espoused by philosopher Harry Gensler. While able to overcome some of the problems of the literal Golden Rule, Gensler's version nevertheless shares a common difficulty with it: in both cases, the moral agent is asked to imagine themselves in the place of another. Maxwell things this is easily done, and Gensler asks for vividness and accuracy in this act of imagination. I wish to show that any version of the Golden Rule that takes seriously the need to imagine oneself in the place of another is to ask one to do the impossible, so any versions of the Golden Rule that require this should be rejected. (shrink)

The dead donor rule justifies current practice in organ procurement for transplantation and states that organ donors must be dead prior to donation. The majority of organ donors are diagnosed as having suffered brain death and hence are declared dead by neurological criteria. However, a significant amount of unrest in both the philosophical and the medical literature has surfaced since this practice began forty years ago. I argue that, first, declaring death by neurological criteria is both unreliable and unjustified (...) but further, the ethical principles which themselves justify the dead donor rule are better served by abandoning that rule and instead allowing individuals who have suffered severe and irreversible brain damage to become organ donors, even though they are not yet dead and even though the removal of their organs would be the proximal cause of death. (shrink)

Recently two distinct forms of rule-utilitarianism have been introduced that differ on how to measure the consequences of rules. Brad Hooker advocates fixed-rate rule-utilitarianism, while Michael Ridge advocates variable-rate rule-utilitarianism. I argue that both of these are inferior to a new proposal, optimum-rate rule-utilitarianism. According to optimum-rate rule-utilitarianism, an ideal code is the code whose optimum acceptance level is no lower than that of any alternative code. I then argue that all three forms of (...) class='Hi'>rule-utilitarianism fall prey to two fatal problems that leave us without any viable form of rule-utilitarianism. (shrink)

Laws can be evaluated as better or worse relative to different normative standards. But the standard set by the Rule of Law defines a kind-relative standard of evaluation: features like generality, publicity, and non-retroactivity make the law better as law. This fact about legal evaluation invites a comparison between law and other “goodness-fixing kinds,” where a kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. (...) Indeed, for any goodness-fixing kind, K, that sets a standard, S, for evaluating Ks as Ks, we can ask: (1) How does the nature of Ks explain S? (2) Does being a K depend on meeting a minimum threshold of S-relative goodness? In the case of law and its kind-relative standard defined by the Rule-of-Law virtues, these questions lack settled answers. Although Raz (1979, 2019) offers some discussion, I argue that his answers have the surprising upshot of rendering law sui generis relative to other goodness-fixing kinds, and that preserving continuity with other such kinds involves revising the general picture. On the revised picture, law construed as a system of rules is subject to kind-relative evaluation because it is (a) a functional artifact, (b) with an essential function of realizing a limited normative ideal, and (c) its being minimally good at that function—that is, its realization of the relevant normative ideal to some degree—is a condition and ground of law’s existence, since all functional artifacts appear to be subject to such threshold conditions. (shrink)

Normativists about belief hold that belief formation is essentially rule- or norm-guided. On this view, certain norms are constitutive of or essential to belief in such a way that no mental state not guided by those norms counts as a belief, properly construed. In recent influential work, Kathrin Glüer and Åsa Wikforss develop novel arguments against normativism. According to their regress of motivations argument, not all belief formation can be rule- or norm-guided, on pain of a vicious infinite (...) regress. I argue that the regress of motivations argument is unsuccessful: an appeal to the notion of blind rule-following, drawn from a plausible interpretation of Ludwig Wittgenstein’s remarks on rule-following, stops the regress of motivations in its tracks. (shrink)

Scholars interested in the characterology presupposed by constitutional government have occasionally turned to Plato’s Laws, one of the earliest and most penetrating treatments of the subject. Even so, interpreters have neglected a vital tension that the Laws presents as coeval with lawfulness itself. Through a close reading of the dialogue’s opening passages, I argue that the rule of law for Plato is implicated in a certain paradox: it both prohibits and requires the imitation of god. Law cannot safely originate (...) with human beings; yet human beings must involve themselves nonetheless in laying law down. Trustworthy lawgivers must revere the gods while at the same time emulating them, must somehow make law themselves while regarding that very task as beyond their ken. Although the political psychology of lawfulness would therefore seem incoherent, I conclude by surveying reasons for thinking this inference unwarranted. (shrink)

This article takes up the question of whether legal rules are reasons for action. They are commonly regarded in this way, yet are legal rules reasons for action themselves (the reflexivity thesis) or are they instead merely statements of other reasons that we may already have (the paraphrastic thesis)? I argue for a version of the paraphrastic thesis. In doing so, considerable attention is given to the neglected but important puzzle of the opaqueness of rules, which arises out of what (...) some regard as the gap between the evaluative grounds of legal rules and what makes them into reasons for action. After examining an important articulation of the puzzle in the work of Joseph Raz, I argue that the reflexivity thesis is (i) undermined by certain features of rule making and (ii) defeated by the principle of presumptive sufficiency. The result is that it is possible for legal rules to be paraphrastic statements of reasons but, conversely, impossible for them to be reasons in themselves. (shrink)

In this paper I examine the sixth century ’Rule of St. Benedict’, and argue that the authority structure of Benedictine communities as described in that document satisfies well-known principles of authority defended by Joseph Raz. This should lead us to doubt the common assumption that premodern models of authority violate the modern ideal of the autonomy of the self. I suggest that what distinguishes modern liberal authority from Benedictine authority is not the principles that justify it, but rather the (...) first-order beliefs for the sake of which authority is sought by the individual, and the degree of trust between the authority and the subject. (shrink)

Most plausible moral theories must address problems of partial acceptance or partial compliance. The aim of this paper is to examine some proposed ways of dealing with partial acceptance problems as well as to introduce a new Rule Utilitarian suggestion. Here I survey three forms of Rule Utilitarianism, each of which represents a distinct approach to solving partial acceptance issues. I examine Fixed Rate, Variable Rate, and Optimum Rate Rule Utilitarianism, and argue that a new approach, Maximizing (...) Expectation Rate Rule Utilitarianism, better solves partial acceptance problems. (shrink)

In ‘Measuring the Consequences of Rules’, Holly Smith presents two problems involving the indeterminacy of compliance, which she takes to be fatal for all forms of rule-utilitarianism. In this reply, I attempt to dispel both problems.

This paper attempts to answer whether the property of “efficacy” can be attributed to constitutive rules. In particular, according to Di Lucia, I will point out some problems that the “semantic conception of efficacy” has concerning constitutive and regulative rules. Then, the main goal of the paper will be to reflect on the possibility of the efficacy of constitutive rules by means of a complex case that the semantic conception seems to disregard: The case of the cheater. Does the action (...) of the cheater show the inefficacy of constitutive rules? Does she play the game while breaking the rule? Can the semantic conception of efficacy explain this situation, or do we need a more flexible concept of efficacy that takes nomotropism into account? These are some of the questions I will try to answer. (shrink)

This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.

Many philosophers believe that agents are self-ruled only when ruled by their (authentic) selves. Though this view is rarely argued for explicitly, one tempting line of thought suggests that self-rule is just obviously equivalent to rule by the self . However, the plausibility of this thought evaporates upon close examination of the logic of ‘self-rule’ and similar reflexives. Moreover, attempts to rescue the account by recasting it in negative terms are unpromising. In light of these problems, this (...) paper instead proposes that agents are self-ruled only when not ruled by others. One reason for favouring this negative social view is its ability to yield plausible conclusions concerning various manipulation cases that are notoriously problematic for nonsocial accounts of self-rule. A second reason is that the account conforms with ordinary usage. It is concluded that self-rule may be best thought of as an essentially social concept. (shrink)

AI is revolutionizing everyone’s life, and it is crucial that it does so in the right way. AI’s profound and far-reaching potential for transformation concerns the engineering of systems that have some degree of autonomous agency. This is epochal and requires establishing a new, ethical balance between human and artificial autonomy.