Legitimate authorities provide pre‐emptive reasons for action, in that the reasons they provide are not to be added to all other relevant reasons when assessing what to do, but should exclude and replace some of those other reasons. Furthermore, legitimate authorities are dependent in the sense that they ought to issue directives that are based on reasons applying independently to the subjects of the directives. The pre‐emption thesis and the dependence thesis are closely related to the normal justification thesis, (...) which states that the normal justification for authority involves showing that the alleged subject is likely to comply better with reasons applicable to him if he accepts the authoritative directives rather than trying to follow the reasons directly. The chapter ends with a discussion of the nature of the explanatory‐normative reasoning employed in the book. (shrink)

Why should one person obey another? Why (to ask the question from the first-person perspective) ought I to submit to another and follow her judgment rather than my own? In modern political thought, which denies that some are born rulers and others are born to be ruled, the most prominent answer has been: “Because I have consented to her authority.” By making authority conditional on the subjects’ consent, political philosophers have sought to reconcile authority’s hierarchical structure with (...) the equal moral standing of governor and governed. Yet such consent accounts of authority have long been deemed problematic on a number of grounds, not the least of which is that few citizens have given their consent to the state under whose laws they live. So unless we are willing to deny the state’s authority over those who have not consented, or revert to the pre-modern assumption of a natural political hierarchy, we must find another way of reconciling authority with our standing as free and equal moral agents. In recent political and legal philosophy, the most influential solution to this problem has been Joseph Raz’s service conception of authority, according to which legitimate authority, while it does not require the consent of the governed, must exist for their sake, or serve them. The normal way to justify someone’s authority, on the service conception, is to show that, by treating her directives as binding, the subjects are likely better to conform to reasons that apply to them anyway. The service conception has, however, recently been criticized (by, among others, Thomas Christiano, Scott Hershovitz, and Jeremy Waldron) for being insufficiently attuned to the significance that procedural, and in particular democratic, features of political and legal institutions have for the justification of their authority. If these ‘democratic critics’ are right, then two commitments that many in the liberal-democratic tradition may find independently attractive turn out to be in tension: the liberal idea that authority is normally legitimate only insofar as it serves its subjects, and the democratic idea that legitimate authority can (and regularly does) rest on fair procedures. In this article I argue that the critics’ arguments rest on a misunderstanding of the service conception; yet their worries point the way to an under-appreciated and interesting view of democracy as an authoritative arbitration procedure. After introducing the service conception’s view of justified authority, I briefly distinguish a broad and a narrow interpretation of it, and suggest that we should embrace the latter to make sense of the idea that political authority serves its subjects (Section I). Next I turn to the objection raised by the democratic critics: the service conception, they say, cannot make room for the intrinsic fairness of democratic procedures because it is preoccupied with the quality of outcomes (Section II). But, I argue, the objection rests on an illicit identification of two different kinds of outcomes: the outcome of the decision-making procedure on the one hand, the outcome or result of treating that first outcome as authoritative on the other. Distinguishing between these is crucial for an adequate understanding of democracy’s authority. While the service conception is indeed organized around the latter, this does not commit it to an exclusive concern with the former; yet it is a singular commitment to the former that is problematic from a democratic point of view (Section III). To bring home this point, I sketch a model of authority as arbitration that is frequently overlooked in recent discussions of authority even though it is centrally concerned with procedural (and ultimately democratic) values and fits squarely into the service conception of authority (Section IV). (shrink)

Philosophical accounts of punishment are primarily concerned with punishment by the (or: a) state. More specifically, they attempt to explain why the (a) state may justifiably penalize those who are judged to violate its laws and the conditions under which it is entitled to do so. But any full account of these matters must surely be grounded in an account of the nature and purpose of the state and the justification of state authority. Because they are not so (...) grounded, deterrence and retributive theories are incomplete as they are typically formulated. The intuitions behind these theories can be satisfied in a variety of complete theories, i.e., theories that understand the justification of punishment in relation to the justification of state authority. A consequence of this is that at least some of the intuitions underlying deterrence and retributive theories can be satisfied at the same time by a given theory. (shrink)

In a recent paper in the Yale Law Journal, Malcolm Thorburn argued that to enjoy a justificatory defence in the criminal law is to have a normative power that is exercised in the circumstances which give rise to the justification. He also argued that where such powers are conferred on private citizens, those citizens should be understood as acting as public officials pro tempore when they exercise them. In this extended reply, I resist both propositions and reply to some (...) of the criticisms that Thorburn makes of my own rival views. I also take the opportunity to explore, philosophically, some of the criminal law relating to consent, self-defence and arrest, and to discuss the connections between the debate over the nature of criminal-law justifications and the debate over the nature of law. (shrink)

According to a standard view of the second law of thermodynamics, our belief in the second law can be justified by pointing out that low-entropy macrostates are less probable than high-entropy macrostates, and then noting that a system in an improbable state will tend to evolve toward a more probable state. I would like to argue that this justification of the second law is unhelpful at best and wrong at worst, and will argue that certain puzzles sometimes associated with (...) the second law are merely artifacts of this questionable justification. *Received October 2006; revised October 2007. †To contact the author, please write to: Department of Philosophy, University of Chicago, 1115 E. 58th St., Chicago, IL 60637; e-mail: [email protected]. (shrink)

Modern states claim rights of jurisdiction and control over particular geographical areas and their associated natural resources. Boundaries of Authority explores the possible moral bases for such territorial claims by states, in the process arguing that many of these territorial claims in fact lack any moral justification. The book maintains throughout that the requirement of states' justified authority over persons has normative priority over, and as a result severely restricts, the kinds of territorial rights that states can (...) justifiably claim, and it argues that the mere effective administration of justice within a geographical area is insufficient to ground moral authority over residents of that area. The book argues that only a theory of territorial rights that takes seriously the morality of the actual history of states' acquisitions of power over land and the land's residents can adequately explain the nature and extent of states' moral rights over particular territories. Part I of the book examines the interconnections between states' claimed rights of authority over particular sets of subject persons and states' claimed authority to control particular territories. It contains an extended critique of the dominant. (shrink)

Corruption poisons corporations in America and around the world, and has devastating consequences for the entire social fabric. In this article, we focus on organizational corruption, described as the abuse of authority for personal benefit, and draw on Weber’s three ideal-types of legitimate authority to develop a theoretical model to better understand the antecedents of different types of organizational corruption. Specifically, we examine the types of business misconduct that organizational leaders are likely to engage in, contingent on their (...) legitimate authority, motives, and justifications. We conclude by suggesting managerial implications of our theoretical model and propose directions for future research. (shrink)

Democracy can be a means to independently valuable ends and/or it can be intrinsically (or non-instrumentally) valuable. One powerful non-instrumental defence of democracy is based on the idea that only it can publicly justify political authority. I contend that this is an argument about the reasonable acceptability of political authority and about the requirements of publicity and that satisfying these requirements has nothing to do with whether a society is democratic or not. Democracy, then, plays no role in (...) publicly justifying political authority. I also show that any non-instrumental defence of democracy must make claims about what justice requires and make several further claims that require substantial justification. (shrink)

Based on author's dissertation--Yale University.

The most defensible justifications of war in the European intellectual tradition hold that war is instrumentally necessary for the maintenance of peace and order. An investigation of Ancient Chinese philosophical attitudes towards war calls this assumption into question. The closest parallel to an instrumental concept of war is found in the Legalist school, but historical experience in China has rejected this. The Confucian school, especially Mencius and Xunxi, insists that war is not instrumental in creating social order, but derives from (...) the prior establishing of cultural and political authority, and thus must be punitive in nature. Even the use of “punitive expeditions” is not instrumental, but rather demonstrative or performative in nature, for if coercive methods are necessary, the authority to use them is arguably absent. War for the Chinese, then, is not justified by the necessity for creating public order, but is in itself a sign of the failure to achieve such an order. This contrasts sharply with the views of the dominant Western thinkers on war, such as Michael Walzer, whose positions insist upon the instrumental necessity of armed force, even to the point of absurdity. The ancient Chinese position suggests that this necessity may be ungrounded. (shrink)

Joseph Raz's defence of government is grounded in his ‘normal justification thesis’. This thesis justifies the exercise of state authority in just those cases where subjects are more likely to fulfill their duties by obeying the state than by carrying out their own deliberations. I argue that the assumptions underlying this argument are importantly similar to those made by the Enlightenment anarchist philosopher William Godwin. Raz's arguments can supplement Godwin's political theory, producing an argument which, though grounded in (...) anarchist principles, justifies a limited state authority. (shrink)

Introduction. The article considers the ontological difference as a fundamental idea dividing M. Heidegger’s ontology into two levels. The author proposes an explication of temporal foundations for the main principle of fundamental ontology, the ontological difference, on the basis of existential analytics of Dasein. It is assumed that the organization of Dasein is a micromodel of being in general, which is the ultimate goal of M. Heidegger’s philosophical work. The aim of the study is to explicate the phenomenon of simultaneity (...) as the ontological basis of the temporality of Dasein as a result of philosophical analysis, Methods The author uses hermeneutic, phenomenological and some general scientific methods such as analysis, synthesis, and abstraction. The scientific novelty of the study. When analyzing the self as an existential center of Dasein the author reveals the ontological duality of the first and, as a consequence, of the entire model of existence. The phenomenon of existence towards death is analyzed in the context of existential gap in the centre of the Dasein self, which gives rise to different ways of Dasein being - genuine and non-genuine; the author considers and analyzes the whole structure of the temporal Dasein in the light of the thesis of the human existence finiteness. On the basis of this idea, the key role of simultaneity is revealed, which becomes the ontologically initial concept in relation to the whole Dasein system of being and, accordingly, the fundamental ontology. It is suggested that the ontological difference is based on the more fundamental principle of temporal synthesis. Results. The author presents a model of Dasein existence structure on the basis of the dual nature of the self, with the simultaneity belonging to the ontologically determining specificity of the organization. Conclusions. The temporal justification of ontological differences reveals a feature of fundamental ontology, which consists in a specifically transformed dialectic of being and nothing. The study shows that fundamental ontology offers an atypical approach to the problem of time. (shrink)

Ordinary citizens are rarely charged with making consequential decisions in representative democracies. Almost all consequential decisions are delegated to elected representatives or political appointees. On what basis should we judge whether decisions should be placed in the hands of ordinary citizens or delegated to political elites? I argue that decision-making authority should be allocated in whatever way an assembly of randomly selected citizens would choose, given reasonable beliefs about the consequences of their possible choices. The standard I defend is (...) a variation of the principal-agent model of political representation, in which the people are viewed as a principal and officeholders as their agents. As it is usually formulated, the objectives of the people are defined by the preferences of the majority. I draw on this formulation in chapter 4 to explain why the majority might rationally prefer to delegate authority to a citizens’ assembly instead of an elected legislature and why they might rationally view citizens’ assemblies with distrust, when they are organized and administered by elites. But the standard formulation of the principal-agent model does not provide a coherent standard when the will of the majority is not well-defined. Several chapters on social choice theory explain this problem and why political theorists’ previous responses to it have been unconvincing. In light of this problem, I argue for a revisionary understanding of the principal-agent model, according to which the people and its will are identified not with the preferences of the majority but rather with the decisions of a citizens’ assembly. To motivate this approach I offer a critique of the recent literature on “epistemic democracy,” which describes an alternative form of justification for empowering ordinary citizens. Appeals to expertise and knowledge have historically figured prominently in justifications of political exclusion and hierarchy, but epistemic democrats put them to use in defending participatory forms of democratic politics. Epistemic democrats claim that decision processes in which inexpert, ordinary citizens participate can exhibit greater “collective wisdom” than elite- or expert-dominated decision-making. Chapters 2 and 3 explain why these arguments sit uncomfortably with the nature of disagreements in politics. (shrink)

This chapter follows Conee and Feldman in assuming the traditional conception of the mental. Thus, the author takes it that mentalistic evidentialism is inconsistent with process reliabilism. It examines Goldman's critique of evidentialism's account of the justification of memory beliefs and discusses a problem for Goldman's own reliabilist account of memory beliefs. The chapter distinguishes two sorts of epistemic status at issue and not usually clearly separated in these debates, historical justification vs. justification to retain a belief. (...) It raises doubts about the resources of reliabilism for explaining justification to retain beliefs; and makes a plea for a less ambitious account of justification to retain beliefs, a restricted form of epistemic conservatism. The chapter argues that the conservative account that the author recommend represents a kind of neutral baseline, insofar as there are both reliabilist‐friendly as well as evidentialist‐friendly arguments for it. (shrink)

Vardoulakis argues that the notion of law as developed in chapter 4 of Spinoza's Theological Political Treatise does not rely on a notion of legitimacy but rather on how authority justifies itself. To demonstrate this point, Vardoulakis analyzes closely the example of Adam and the Fall used by Spinoza in that chapter of the Treatise.

The problem I have in mind is the problem of the possible justification of subjecting one's will to that of another, and of the normative standing of demands to do so. The account of authority that I offered, many years ago, under the title of the service conception of authority, addressed this issue, and assumed that all other problems regarding authority are subsumed under it. Many found the account implausible. It is thin, relying on very few (...) ideas. It may well appear to be too thin, and to depart too far from many of the ideas that have gained currency in the history of reflection on authority. The present article modifies some aspects the account, and defends it against some criticism made against it. (shrink)

The article exposes Husserl’s theory of time and provides its detailed comparison with theories of time of I. Kant and F. Brentano. The author first examines the general principles of the phenomenological theory of consciousness, and then analyzes the time concept of F. Brentano and Husserl’s criticism of these ideas, and eventually makes a comparison of Husserl’s and Kant’s theories of time. The author is inclined to conclude that progress in the interpretation of the time made by Husserl, is largely (...) external, based on unacceptable epistemological principles. Critique of these principles the author plans to carry out in one of the next issues of the magazine. (shrink)

The author discusses what he feels to be a significant way of testing beliefs, Namely, The process in which people judge attitudes and the beliefs supporting those attitudes favourably or unfavourably in the light of the social situations which they take to be the outcome of the attitudes, And of the potentialities for the future which they take to be foreshadowed by those situations. (staff).

The thesis of this paper is that we can justify induction deductively relative to one end, and deduction inductively relative to a different end. I will begin by presenting a contemporary variant of Hume ’s argument for the thesis that we cannot justify the principle of induction. Then I will criticize the responses the resulting problem of induction has received by Carnap and Goodman, as well as praise Reichenbach ’s approach. Some of these authors compare induction to deduction. Haack compares (...) deduction to induction, and I will critically discuss her argument for the thesis that we cannot justify the principles of deduction next. In concluding I will defend the thesis that we can justify induction deductively relative to one end, and deduction inductively relative to a different end, and that we can do so in a non-circular way. Along the way I will show how we can understand deductive and inductive logic as normative theories, and I will briefly sketch an argument to the effect that there are only hypothetical, but no categorical imperatives. (shrink)

The apportionment of responsibility for health policy within multi‐level states should be sensitive to a number of conflicting normative pressures, some of which militate for placing decision‐making authority at the higher reaches of policy‐making structures, while others would seem to require placing them lower down this structure. The principle of subsidiarity is a structural principle that addresses in a manner that is neutral with respect to these values a way of addressing the conflicting claims of these values. Standard accounts (...) of federalism fare poorly with respect to the criterion of subsidiarity. While central governments are at first glance better equipped to apply such a principle to the issue of the distribution of authority, there are strong empirical grounds for thinking that centralized governments will non‐neutrally privilege central authorities in applying the principle. Federal structures that admit of overlapping jurisdictions, and that therefore require that deliberation among federal parties occur as a condition of the problem of the distribution of powers over health care being solved, are most amenable to solving problems of distribution of authority. (shrink)

*The opinions contained in this article are those of the author and do not necessarily represent those of the American Medical Association.

Kant’s arguments for the reality of human freedom and the normativity of the moral law continue to inspire work in contemporary moral philosophy. Many prominent ethicists invoke Kant, directly or indirectly, in their efforts to derive the authority of moral requirements from a more basic conception of action, agency, or rationality. But many commentators have detected a deep rift between the _Groundwork for the Metaphysics of Morals_ and the _Critique of Practical Reason_, leaving Kant’s project of justification exposed (...) to conflicting assessments and interpretations. In this major re-reading of Kant, Owen Ware defends the controversial view that Kant’s mature writings on ethics share a unified commitment to the moral law’s primacy. Using both close analysis and historical contextualization, Owen Ware overturns a paradigmatic way of reading Kant’s arguments for morality and freedom, situating them within Kant’s critical methodology at large. The result is a novel understanding of Kant that challenges much of what goes under the banner of Kantian arguments for moral normativity today. (shrink)

What features does a norm have to have such that we really ought to follow it? This paper argues that norms are authoritative when they are justified in a particular sense. However, this brand of justification is not any of those with which we are currently familiar. The authority of norms is not a matter of moral, epistemic or prudential justification. It depends instead on what I call "justification simpliciter." The concept of justification simpliciter is (...) defined and defended in this paper. (shrink)

Some have argued that specifically moral demands or norms are justified by the constraints of rationality. On this view, any agent who comes to doubt, challenge, or reject the authority of moral demands does so on penalty of irrationality. According to this view, the agent who asks the question Why be moral? can be given a rational justification for the demands that morality makes on her, regardless of her individual reasons and motives. ;I consider amoralism as a test (...) case. Could a proposed justification of morality answer to the amoralist? I develop two characterizations of amoralism: the principled objector and the amoralist from indifference. I argue that normal moral agents may adopt or succumb to either type of amoralism without forfeiting their claim to rationality, and further, that such amoralists are not best understood as demanding a justification of morality. ;Some philosophers have objected that the notion of amoralism is conceptually mistaken or incoherent. I address three forms of this argument. First, I argue that the inverted-commas argument attributed to R. M. Hare fails to show that purported amoralists cannot really make or understand value judgments. Second, I argue that Michael Smith's internalist argument against amoralism is unconvincing. Third, I consider Christine Korsgaard's argument in The Sources of Normativity that the very nature of rational action entails moral obligation. ;I conclude by discussing the way in which a justification of moral demands can only be made internal to a particular moral outlook or way of life. To attempt to respond to amoralists who are radically dissatisfied with, or dissociated from, a moral perspective with a wholesale rational justification of morality is to misunderstand the nature of their disaffection as well as to misunderstand the project of moral philosophy. However, acknowledging the limited role of justification in moral theory and argument does not entail that moral philosophy's primary enterprise is merely the explanation of moral phenomena. Moral normativity is a function of our capacity for reflection. Thus, the work of moral philosophy lies in making reflective recommendations for which norms to adopt, how to obligate oneself and others, and how to live. (shrink)

The author argues that faith survives as a rational option, despite science rendering improbable distinctively theological claims about the world and history. After rejecting justifications of faith from natural theology and natural law, he defends a seemingly weaker strategy, a corrected version of Pascal's wager argument. The wager lets one's desires count toward showing one's faith to be rational, and the faith requires that oneÕs desires undergo radical transformation to protect the faith, making the wager argument really quite strong. As (...) Nietzsche insisted, to be an atheist in the face of this challenge, one would have to become superhuman and transform one's values radically in the opposite direction. (shrink)

Philologus, founded in 1846, is one of the oldest and most respected periodicals in the field of Classics. It publishes articles on Greek and Latin literature, historiography, philosophy, history of religion, linguistics, reception, and the history of scholarship. The journal aims to contribute to our understanding of Greco-Roman culture and its lasting influence on European civilization. The journal Philologus, conceived as a forum for discussion among different methodological approaches to the study of ancient texts and their reception, publishes original scholarly (...) contributions with a strong international focus. Publications languages are: German, English, Italian, French. As of 2014 the publication of supplementary volumes will be resumed. The series Philologus. Supplemente / Philologus. Supplementary Volumes will publish monographs and edited volumes pertaining to all aspects of the study of ancient literature and its reception, with a special focus on topics concerning literary theory, philosophy and the history of scholarship from an interdisciplinary perspective. (shrink)

This article discusses the connection between individualism, pluralism and the moral foundation of liberal democracy. It analyses whether the requirement of value pluralism promoted by liberal democracies leads inevitably to communitarian ethics, or whether the liberal and democratic values of autonomy, tolerance and equality are actually based on an objectivistic and teleological account of justice. The author argues that value‐neutral procedural and methodological individualism cannot support the liberal demands for pluralism and tolerance in a democratic regime. Instead, the justification (...) of liberal democracy has to replace mechanical, methodological individualism with moral individualism. Moral individualism shows that in order to be legitimate and functioning liberal democracy has to be based on the form of individualism which contains objectivist moral aspects. (shrink)

The author discusses a question related to a certain aspect of justification of legal decisions, often so-called internal justification-a legal decision is internally justified if and only if it can be deduced from the norm(s) applicable to the case, and from the statement(s) describing the facts of the case. According to this notion, infinite irrelevant logical consequences are justified. To avoid this counterintuitive conclusion, the author analyzes three notions of relevance: Sperber-Wilson's notion, Anderson-Belnap's notion, and Schurz's notion. The (...) author presents a reconstruction of the notion of relevance very close to Schurz's notion, extended to make it suitable to the particular characteristics of deontic logic. Finally, this notion of relevance is used to discuss some aspects of the concept of normative system, conceived as a deductive system, that is, a system containing all its logical consequences. (shrink)

This critical analytical review examines the ways in which realism can be justified in epistemology and philosophy of science and which are presented in the collection of papers “Perspectives of Realism in Modern Philosophy” (M., 2017). The exposition of areas in which the authors of this book study the problems of realism, as well as those arguments in its defense that they offer, is given. A criticism of these arguments is presented, according to which all of them are not able (...) to convince an antirealist to abandon their views in favor of realism. The question of whether realists and anti-realists have the same object of discussion and what could become a common ground for them is explored. The author suggests that an appeal to language can become such a common ground and reproduces Frege’s argument against skeptics and idealists as a possible methodological justification for realism. (shrink)

In the first part of the article the concept of associative duties and their justification as distinctive from general moral duties are analyzed. The second part considers associative duties to fellow citizens and distinguishing features of those duties such as reciprocity, mutuality and equal status. In the final part the author deals with specific cases concerning refugees and stresses arguments as to why the associative duties of cocitizens should overcome duties to refugees, as well as the failures of those (...) arguments. It is argued that the status of refugees is different from the status of other non-citizens, such as immigrants, due to the lack of institutional representation and protection. (shrink)

The present article analyzes and compares the idea of divine revelation to justify religious beliefs from the viewpoints of Paul Moser and Mulla Sadra. Moser suggests a kind of moral transformation experience that includes direct cognition and internal experience of self-revelation and God’s unselfish love while he considers mere theoretical reason to be inefficient and emphasizes God’s authority and His attributes and goals as well as the axis of divine revelation. Knowledge-by-presence and direct experience of God in Mulla Sadra’s (...) philosophy which is the only way to access true recognition of God is close to divine revelation. The present article shows that, considering the relationship between love and salvation, and knowledge-by-presence and the practical intellect, in Sadrian belief in God, Moser’s approach is close to Mulla Sadra’s even though the method of argumentation of these two philosophers in representing this type of cognition is not completely the same. Considering the commonalities and differences between Moser and Mulla Sadra in justifying belief in God, it seems possible to revise Moser’s approach with a Sadrian reading with a combination of innate nature arguments and self-knowledge. (shrink)

The normal justification of authority, as examined in Ch. 3, yields the conclusion that the extent of governmental authority varies from person to person. It cannot justify the authority that governments, in fact, claim for themselves in the case of most people. An analysis of consent is provided in order to explore the prospect that consent might serve to extend the scope of the authority of states. It is argued that consent can ground an extension (...) of political authority only so far as it is non‐instrumentally valuable. Those who, as a mode of expressing identification with their community, consent to the authority of reasonably just governments or respect their laws, are subject to that authority since such modes of consent have non‐instrumental value. (shrink)