There is abundant evidence of contextual variation in the use of “S knows p.” Contextualist theories explain this variation in terms of semantic hypotheses that refer to standards of justification determined by “practical” features of either the subject’s context (Hawthorne & Stanley) or the ascriber’s context (Lewis, Cohen, & DeRose). There is extensive linguistic counterevidence to both forms. I maintain that the contextual variation of knowledge claims is better explained by common pragmatic factors. I show here that one is (...) variable strictness. “S knows p” is commonly used loosely to implicate “S is close enough to knowing p for contextually indicated purposes.” A pragmatic account may use a range of semantics, even contextualist. I use an invariant semantics on which knowledge requires complete justification. This combination meets the Moorean constraint as well as any linguistic theory should, and meets the intuition constraint much better than contextualism. There is no need for ad hoc error theories. The variation in conditions of assertability and practical rationality is better explained by variably strict constraints. It will follow that “S knows p” is used loosely to implicate that the condition for asserting “p” and using it in practical reasoning are satisfied. (shrink)

Chris Armstrong argues that attempts at justifying special claims over natural resources generally take one of two forms: arguments from improvement and arguments from attachment. We argue that Armstrong fails to establish that the distinction between natural resources and improved resources has no normative significance. He succeeds only in showing that ‘improvers’ are not necessarily entitled to the full exchange value of the improvement. It can still be argued that the value of natural and improved resources should be distributed (...) on different grounds, but that the value of improvements should be conceived differently. (shrink)

Many philosophers claim that it is always intrinsically good when people get what they deserve and that there is always at least some reason to give people what they deserve. I highlight problems with this view and defend an alternative. I have two aims. First, I want to expose a gap in certain desert-based justifications of punishment. Second, I want to show that those of us who have intuitions at odds with these justifications have an alternative account of desert at (...) our disposal – one that may lend our intuitions more credibility. (shrink)

The Claims of Common Sense investigates the importance of ideas developed by Cambridge philosophers between the World Wars for the social sciences concerning common sense, vague concepts and ordinary language. John Coates examines the thought of Moore, Ramsey, Wittgenstein and Keynes, and traces their common drift away from early beliefs about the need for precise concepts and a canonical notation in analysis. He argues that Keynes borrowed from Wittgenstein and Ramsey their reappraisal of vague concepts, and developed the novel (...) argument that when analysing something as complex as social reality, theory might be simplified by using concepts which lack sharp boundaries. Coates then contrasts this conclusion with the view shared by two contemporary philosophical paradigms - formal semantics and Continental post-structuralism - that the vagueness of ordinary language inevitably leads to interpretive indeterminacy. Developing a link between Cambridge philosophy and work on complexity, vague predicates and fuzzy logic, he argues that Wittgenstein's and Keynes's ideas on the economy of ordinary language present a mediating route for the social sciences between these philosophical paradigms. (shrink)

This handsome new edition of Stanley Cavell's landmark text, first published 20 years ago, provides a new preface that discusses the reception and influence of his work, which occupies a unique niche between philosophy and literary studies.

The Claims of Common Sense investigates the importance of ideas developed by Cambridge philosophers between the World Wars for the social sciences concerning common sense, vague concepts and ordinary language. John Coates examines the thought of Moore, Ramsey, Wittgenstein and Keynes, and traces their common drift away from early beliefs about the need for precise concepts and a canonical notation in analysis. He argues that Keynes borrowed from Wittgenstein and Ramsey their reappraisal of vague concepts, and developed the novel (...) argument that when analysing something as complex as social reality, theory might be simplified by using concepts which lack sharp boundaries. Coates then contrasts this conclusion with the view shared by two contemporary philosophical paradigms - formal semantics and Continental post-structuralism - that the vagueness of ordinary language inevitably leads to interpretive indeterminacy. Developing a link between Cambridge philosophy and work on complexity, vague predicates and fuzzy logic, he argues that Wittgenstein's and Keynes's ideas on the economy of ordinary language present a mediating route for the social sciences between these philosophical paradigms. (shrink)

This volume deals with the transformation of unchurched religious creativity in the late modern West.

This reissue of an American philosophical classic includes a new preface by Cavell, in which he discusses the work's reception and influence. The work fosters a fascinating relationship between philosophy and literature both by augmenting his philosophical discussions with examples from literature and by applying philosophical theories to literary texts. Cavell also succeeds in drawing some very important parallels between the British analytic tradition and the continental tradition, by comparing skepticism as understood in Descartes, Hume, and Kant with philosophy of (...) language as practiced by Wittgenstein and Austin. (shrink)

Logical empiricism is commonly seen as a counter-position to scientific realism. In the present paper it is shown that there indeed existed a realist faction within the logical empiricist movement. In particular, I shall point out that at least four types of realistic arguments can be distinguished within this faction: Reichenbach’s ‘probabilistic argument,’ Feigl’s ‘pragmatic argument,’ Hempel’s ‘indispensability argument,’ and Kaila’s ‘invariantist argument.’ All these variations of arguments are intended to prevent the logical empiricist agenda from the shortcomings of radical (...) positivism, instrumentalism, and other forms of scientific antirealism. On the whole, it will be seen that logical empiricism and scientific realism are essentially compatible with each other. Especially Kaila’s invariantist approach to science (and nature) comes quite close to what nowadays is discussed under the label ‘structural realism.’ This, in turn, necessitates a fundamental reevaluation of Kaila’s role in the logical empiricist movement in particular and in twentieth-century philosophy of science in general. (shrink)

The celebrated author of _Gender Trouble_ here redefines Antigone's legacy, recovering her revolutionary significance and liberating it for a progressive feminism and sexual politics. Butler's new interpretation does nothing less than reconceptualize the incest taboo in relation to kinship -- and open up the concept of kinship to cultural change. Antigone, the renowned insurgent from Sophocles's _Oedipus,_ has long been a feminist icon of defiance. But what has remained unclear is whether she escapes from the forms of power that she (...) opposes. Antigone proves to be a more ambivalent figure for feminism than has been acknowledged, since the form of defiance she exemplifies also leads to her death. Butler argues that Antigone represents a form of feminist and sexual agency that is fraught with risk. Moreover, Antigone shows how the constraints of normative kinship unfairly decide what will and will not be a livable life. Butler explores the meaning of Antigone, wondering what forms of kinship might have allowed her to live. Along the way, she considers the works of such philosophers as Hegel, Lacan, and Irigaray. How, she asks, would psychoanalysis have been different if it had taken Antigone -- the "postoedipal" subject -- rather than Oedipus as its point of departure? If the incest taboo is reconceived so that it does not mandate heterosexuality as its solution, what forms of sexual alliance and new kinship might be acknowledged as a result? The book relates the courageous deeds of Antigone to the claims made by those whose relations are still not honored as those of proper kinship, showing how a culture of normative heterosexuality obstructs our capacity to see what sexual freedom and political agency could be. (shrink)

The use of ‘S knows p’ varies from context to context. The contextualist theories of Cohen, Lewis, and DeRose explain this variation in terms of semantic hypotheses: ‘S knows p’ is indexical in meaning, referring to features of the ascriber’s context like salience, interests, and stakes. The linguistic evidence against contextualism is extensive. I maintain that the contextual variation of knowledge claims results from pragmatic factors. One is variable strictness :395–438, 2007). In addition to its strict use, ‘S knows (...) p’ may be used loosely to implicate that S is close enough to knowing p for contextually indicated purposes. Here I explore another variable: belief about what is known. This factor is pragmatic rather than semantic in that it affects the use of ‘S knows p’ without affecting its truth conditions. While variation in strictness accounts for the variation in the bank, parking, and some lottery cases, variation in belief accounts for the variation in other lottery cases and the epistemology cases. Along the way, I sketch an insensitive invariantist semantics that is strict but non-skeptical, and show how it works with these pragmatic factors. (shrink)

How can liberal democracy best be realized in a world fraught with conflicting new forms of identity politics and intensifying conflicts over culture? This book brings unparalleled clarity to the contemporary debate over this question. Maintaining that cultures are themselves torn by conflicts about their own boundaries, Seyla Benhabib challenges the assumption shared by many theorists and activists that cultures are clearly defined wholes. She argues that much debate--including that of "strong" multiculturalism, which sees cultures as distinct pieces of a (...) mosaic--is dominated by this faulty belief, one with grave consequences for how we think injustices among groups should be redressed and human diversity achieved. Benhabib masterfully presents an alternative approach, developing an understanding of cultures as continually creating, re-creating, and renegotiating the imagined boundaries between "us" and "them." Drawing on contemporary cultural politics from Western Europe, Canada, and the United States, Benhabib develops a double-track model of deliberative democracy that permits maximum cultural contestation within the official public sphere as well as in and through social movements and the institutions of civil society. Agreeing with political liberals that constitutional and legal universalism should be preserved at the level of polity, she nonetheless contends that such a model is necessary to resolve multicultural conflicts. Analyzing in detail the transformation of citizenship practices in European Union countries, Benhabib concludes that flexible citizenship, certain kinds of legal pluralism and models of institutional powersharing are quite compatible with deliberative democracy, as long as they are in accord with egalitarian reciprocity, voluntary self-ascription, and freedom of exit and association. The Claims of Culture offers invaluable insight to all those, whether students or scholars, lawyers or policymakers, who strive to bridge the gap between the theory and practice of cultural politics in the twenty-first century. (shrink)

Particular persons have claims against being made worse off than they could have been. The literature, however, has focused primarily on only two-option cases; yet, these cases fail to capture all of the morally relevant factors, especially when a person’s existence is in question. This paper explores how to assess claims in multiple-option choice sets. We scrutinize the only extant proposal, offered by Michael Otsuka, which we call the Weakening View. In light of its problems, we develop an (...) alternative: the Combining View. The Weakening View holds that a person’s claim against a loss of well-being relative to one distribution is weakened by the availability of further alternatives relative to which the person gains well-being. By contrast, our view holds that a person has an overall claim for or against a certain distribution relative to the whole option set, where overall claims are second-order functions of the different pairwise claims. Finally, we defend the Combining View by exploring its implications for the impact of a person’s possible non-existence on their overall claims, and we develop a proposal for how the number of distributions relative to which a person gains or loses welfare influences the strength of their overall claims. (shrink)

Is it tautological to call an action "wrongful discrimination?" Some philosophers and political theorists answer this question in the affirmative and claim that the term "discrimination" is intrinsically evaluative. Others agree that "discrimination" usually conveys the action’s moral wrongness but claim that the term can be used in a purely descriptive way. In this paper, we present two corpus studies and two experiments designed to test whether the folk concept of discrimination is evaluative. We demonstrate that the term has undergone (...) a historical development and is nowadays no longer used purely descriptively. Further, we show that this evaluation cannot be cancelled without yielding a contradiction. We conclude that the descriptive use of "discriminatory" is a thing of the past. (shrink)

The celebrated author of _Gender Trouble_ here redefines Antigone's legacy, recovering her revolutionary significance and liberating it for a progressive feminism and sexual politics. Butler's new interpretation does nothing less than reconceptualize the incest taboo in relation to kinship -- and open up the concept of kinship to cultural change. Antigone, the renowned insurgent from Sophocles's _Oedipus,_ has long been a feminist icon of defiance. But what has remained unclear is whether she escapes from the forms of power that she (...) opposes. Antigone proves to be a more ambivalent figure for feminism than has been acknowledged, since the form of defiance she exemplifies also leads to her death. Butler argues that Antigone represents a form of feminist and sexual agency that is fraught with risk. Moreover, Antigone shows how the constraints of normative kinship unfairly decide what will and will not be a livable life. Butler explores the meaning of Antigone, wondering what forms of kinship might have allowed her to live. Along the way, she considers the works of such philosophers as Hegel, Lacan, and Irigaray. How, she asks, would psychoanalysis have been different if it had taken Antigone -- the "postoedipal" subject -- rather than Oedipus as its point of departure? If the incest taboo is reconceived so that it does not mandate heterosexuality as its solution, what forms of sexual alliance and new kinship might be acknowledged as a result? The book relates the courageous deeds of Antigone to the claims made by those whose relations are still not honored as those of proper kinship, showing how a culture of normative heterosexuality obstructs our capacity to see what sexual freedom and political agency could be. (shrink)

In this article, I present discussions of conditions for reviving public morale and, in the process, public morality, which would ultimately be a political goal, using examples from the Victorian era in Britain and what Americans refer to as the Progressive Era at the beginning of the twentieth century in the United States. I begin with an older book by Gertrude Himmelfarb that emphasises the revitalisation of public morality in Victorian Britain. A book by Robert D. Putnam and Shaylyn Romney (...) Garrett makes similar claims for the effects of the Progressive Era in the US, and for how a similar approach could be useful in the present era. Both books emphasise cultural critique and discount the effects of causality going in the opposite direction, starting with economic revival, and I discuss this dilemma in this article. (shrink)

The scope and type of property rights recognized over the effectiveness of antibiotics have a direct effect on how those claiming ownership engage in the exploitation and stewardship of this scarce resource. We examine the different property claims and rights the four major interest groups are asserting on antibiotics: (i) the inventors, (ii) those demanding that the resource be treated like any other transferable commodity, (iii) those advocating usage restrictions based on good stewardship principles and (iv) those considering the (...) resource as common heritage of humankind. (shrink)

Recently, researchers and reporters have made a wide range of claims about the distribution, nature, and societal impact of political polarization. Here I offer reasons to believe that, even when they are correct and prima facie merely descriptive, many of these claims have the highly negative side effect of increasing political polarization. This is because of the interplay of two factors that have so far been neglected in the work on political polarization, namely that (1) people have a (...) tendency to conform to descriptive norms (i.e., norms capturing (perceptions of) what others commonly do, think, or feel), and (2) claims about political polarization often convey such norms. Many of these claims thus incline people to behave, cognize, and be affectively disposed in ways that contribute to social division. But there is a silver lining. People’s tendency to conform to descriptive norms also provides the basis for developing new, experimentally testable strategies for counteracting political polarization. I outline three. (shrink)

David Lewis, Stewart Cohen, and Keith DeRose have proposed that sentences of the form S knows P are indexical, and therefore differ in truth value from one context to another.1 On their indexical contextualism, the truth value of S knows P is determined by whether S meets the epistemic standards of the speakers context. I will not be concerned with relational forms of contextualism, according to which the truth value of S knows P is determined by the standards of the (...) subject Ss context, regardless of the standards applying to the speaker making the knowledge claim. Relational contextualism is a form of normative relativism. Indexical contextualism is a semantic theory. When the subject is the speaker, as when S is the first person pronoun I, the two forms of contextualism coincide. But otherwise, they diverge. I critically examine the principal arguments for indexicalism, detail linguistic evidence against it, and suggest a pragmatic alternative. (shrink)

The scale and character of past injustice can seem overwhelming. Grievous wrongdoing characterizes so much of human history, both within and between different political communities. This raises a familiar question of reparative justice: what is owed in the present as a result of the unjust actions of the past? This article asks what should be done in situations where contemporary debts stemming from past injustice are massive in scale, and seemingly call for nonideal resolution or settlement. Drawing on recent work (...) by Sara Amighetti and Alasia Nuti on deliberative reparative processes, the article differentiates between two different approaches to settling claims for reparation. The first pursues settlement in a legal or quasi legal sense, seeking to close a matter through discussion, compromise, and bargaining in such a way as to maximize one’s interest while drawing a line under the events in question. The second is grounded not in one’s own interest but in an acknowledgement of the inevitable inadequacy of one’s reparative response. Such an approach to settlement centres the agency of the individuals and groups harmed by past wrongdoing. The article examines the reparations issue with reference to a range of recent cases of alleged settlement, including claims for reparation for torture by the British army in Kenya in the 1950s, for sexual slavery by the Japanese Imperial Army in East Asia in the Second World War, and for genocide by German colonial forces between 1904 and 1908. (shrink)

Our paper has three parts. In Part 1, we discuss John Gardner’s thesis that the non-elliptical ascription of agency to law is a necessary and irreducible part of any adequate explanation of the activities of legal officials. We consider three explananda which might conceivably necessitate this ascription, and conclude that none in fact does so. In Part 2, we discuss two other theses of Gardner’s: that it makes no sense to ascribe to law the claim that there are legal obligations (...) , and that law’s claim is the claim that there are moral obligations . We take issue with Gardner’s arguments for , and suggest that is unwarranted in the absence of an argument that law makes any claims at all. In Part 3, we briefly argue that, insofar as it issues requirements, there are certain claims that law cannot but make. We conclude that if Gardner is right that law’s claims are those of certain of its officials, it is law-making and not law-applying officials who make law’s claim. (shrink)

Recently, commentators close to and within the UK government have claimed that patient choice can increase equity in the context of the National Health Service. This article critically examines the basis for this claim through analysis of recent speeches and publications authored by secretaries of state for health and their policy advisers. It is concluded that this claim has not developed prospectively from an analysis of the causes of healthcare inequity, or even with a consistent normative definition of equity. The (...) limited justification that is “framed in causal explanations” of inequity has suffered from an apparent disregard of the available evidence. (shrink)

This paper has two main parts. In the first part, I argue that prominent moves in two related current debates in epistemology—viz., the debates over classical invariantism and the knowledge first movement—depend on one or the other of two claims about epistemic propriety: (1) Impropriety due to lack of a particular epistemic feature suffices for epistemic impropriety; and (2) Having justification to believe P suffices for having warrant to assert P. In the second part, I present and defend novel (...) arguments against both claims. (shrink)

In book two, Chapter eight of the essay, Locke claims that primary qualities, Unlike secondary qualities, Are really in objects and are resemblances of our ideas. The idioms of containment and of resemblance are explained as formulations of what jonathan bennett calls the analytic thesis and the causal thesis. It is argued that locke was concerned to distinguish primary qualities from what he calls secondary qualities because he thought the latter were not really qualities at all but mere powers (...) and hence not genuinely explanatory. (shrink)

As a result of the developments in science and technology, humanity began to experience a digital transformation after the 19th century. With this digital transformation, it is seen that a serious change has occurred in human beings biologically, socially, and, more specifically, religiously. One could say that different trends have emerged at many points where human relations, the relationship of the human with the environment and with God are also affected. Among the most comprehensive and prominent of these trends is (...) transhumanism because of its aims for humanity and the world. Transhumanism, which views technology as the main point of reference for the future of humanity, is also considered a cultural, social, and ideological human movement with its statements intended for society. It considers immortality as a goal, along with such claims as improving welfare, extending human life, and wiping out diseases by using technology in every aspect of human life. Transhumanists, who claim that they can achieve immortality thanks to technology, argue that this will happen in two ways. The first is biological immortality. It will be achieved by eliminating all kinds of biological factors that lead to humans aging and death. The second is digital or virtual immortality, which is achieved by transferring human consciousness from the biological body to computer interfaces and installing it in any desired entity. This perspective must be critically examined as it can be considered an attempt to challenge death, which is the basic doctrine of classical religions. In the present study, human immortality, considered the most important claim made by transhumanists, is criticized within kalām, Islamic theology. Of course, transhumanists’ account of human immortality is impossible, according to kalām. It can be said that transhumanists view of immortal human can be considered in the category of created beings, which is defined in kalām as "the being created later and needs another being in order to exist and to continue its existence". Given that transhumanists base the idea of the immortal being upon biological healing or digital transmission, it is clear that both types of beings need someone else. Therefore, one could say that it would be more reasonable to define transhumanists’ notion of immortality as the act of prolonging human life. It is because the life of immortal beings, accepted as biological or digital entities, is shaped by many factors. If these factors disappear, so does the being. On the other hand, the attribute of immortality, which belongs to the eternal being only, according to kalām, must come from itself without needing any other being. Therefore, the notion of immortal being suggested by the transhumanists must be reexamined within kalām and be redefined as the extension of life. The redefined immortality as the extension of life hardly poses kalāmī (or theological) problems. In fact, Islam encourages using all types of tools and equipment to enable humans to have a healthy and blissful life. (shrink)

Contrastivism about reasons is the view that ‘reason’ expresses a relation with an argument place for a set of alternatives. This is in opposition to a more traditional theory on which reasons are reasons for things simpliciter. I argue that contrastivism provides a solution to a puzzle involving reason claims that explicitly employ ‘rather than’. Contrastivism solves the puzzle by allowing that some fact might be a reason for an action out of one set of alternatives without being a (...) reason for that action out of a different set of alternatives. (shrink)

This essay reviews the domain of the literary contrasting it with other intellectual discourses; especially philosophy. It establishes the superiority of literature over philosophy. And mentions the philosophies informing literature. The essay is written consciously with copious endnotes, contrary to current ways of writing. The essay proper is simple; the endnotes often mock jargon and mimic pedantry.

Within a framework of rights that protects children's interests and seek to balance their developing interests in welfare and agency, I consider how contexts of war impact children's lives to argue that such contexts provide opportunities to advance or set back both the development of moral powers, namely capacities for a sense of justice and a conception of the good, and capacities for autonomy. Besides an interest in satisfying their basic needs and protection, children have an interest in developing their (...) moral powers and growing into autonomous agents. Evidence shows great variation in children's responses to traumatic circumstances, from severe psychological disorders to enhanced resiliency and moral reasoning. As moral powers and autonomy ground the permissibility for paternalistic treatment and the exclusion of children from certain rights, I argue that once the war is over children are entitled to an adequate assessment of how their interests and capacities have changed. For children whose development was set back, states should grant opportunities for recovery and further development, which suggests strengthening welfare and protection rights; while for children whose development was advanced, states should recognize such advancement and grant opportunities for the exercise of their newfound capacities, which suggests granting certain agency rights alongside welfare and protection. (shrink)

In ‘Why not NIMBY?’, Simon Feldman and Derek Turner mount a compelling case that NIMBY claims are not intrinsically morally unjustified, despite the fact that NIMBY-claimants...

Claims are universal when they are not dependent on when and where they are made. Mathematics and the natural sciences are the typical disciplines that allow such claims to be made. Is the striving for universal claims in other disciplines justified? Those who attempt to answer this question in the affirmative often argue that it is justified when mathematics and the natural sciences are taken as the model for other disciplines. In this paper I challenge this position (...) and analyze the issue by looking at it from a new angle, a perspective that involves two key concepts: violence and loyalty. The result of this analysis throws light on the broader question concerning what the search for truth might mean in a pluralistic world. (shrink)

This article sets out to describe how churches have responded and continue to respond to fast-changing urban environments in Pretoria Central and Mamelodi East, animating Henri Lefebvre’s sociological perspective of citadins or urban inhabitants. We make tentative interpretations and offer critical appreciation. Churches, which were historically separated from the city centre, now directly participate in claiming a right to the city. With necessary fluidity, churches express lived African urbanisms through informality, place-making, spatial innovation and everyday rituals. Though not exhaustive, the (...) article focuses on rituals shared among historic urban Christians and contemporary African urban Christians, namely prayer, listening to the Bible and worship. These rituals, when combined with the churches’ spatial innovation, to a certain degree contribute to place-making. (shrink)

First collected in Italy in 1985, _Art's Claim to Truth_ is considered by many philosophers to be one of Gianni Vattimo's most important works. Newly revised for English readers, the book begins with a challenge to Plato, Aristotle, Kant, and Hegel, who viewed art as a metaphysical aspect of reality rather than a futuristic anticipation of it. Following Martin Heidegger's interpretation of the history of philosophy, Vattimo outlines the existential ontological conditions of aesthetics, paying particular attention to the works of (...) Kandinsky, which reaffirm the ontological implications of art. Vattimo then builds on Hans-Georg Gadamer's theory of aesthetics and provides an alternative to a rationalistic-positivistic criticism of art. This is the heart of Vattimo's argument, and with it he demonstrates how hermeneutical philosophy reaffirms art's ontological status and makes clear the importance of hermeneutics for aesthetic studies. In the book's final section, Vattimo articulates the consequences of reclaiming the ontological status of aesthetics without its metaphysical implications, holding Aristotle's concept of beauty responsible for the dissolution of metaphysics itself. In its direct engagement with the works of Gadamer, Heidegger, and Luigi Pareyson, _Art's Claim to Truth_ offers a better understanding of the work of Vattimo and a deeper knowledge of ontology, hermeneutics, and the philosophical examination of truth. (shrink)

Does individual desert matter for distributive justice? Is it relevant, for purposes of justice, that the pattern of distribution of justice’s “currency” (be it well-being, resources, preference-satisfaction, capabilities, or something else) is aligned in one or another way with the pattern of individual desert? -/- This paper examines the nexus between desert and distributive justice through the lens of individual claims. The concept of claims (specifically “claims across outcomes”) is a fruitful way to flesh out the content (...) of distributive justice so as to be grounded in the separateness of persons. A claim is a relation between a person and a pair of outcomes. If someone is better off in one outcome than a second, she has a claim in favor of the first. If she is equally well off in the two outcomes, she has a null claim between the two. In turn, whether one outcome is more just than a second depends upon the pattern of claims between them. -/- In prior work, I have elaborated the concept of claims across outcomes, and have used it to provide a unified defense of the Pareto and Pigou-Dalton axioms. Adding some further, plausible, axioms, we arrive at prioritarianism. -/- Here, I consider the possibility of desert-modulated claims—whereby the strength of an individual’s claim between two outcomes is determined not only by her well-being levels in the two outcomes, and her well-being difference between them, but also by her desert. This generalization of the notion of claims suggests a new axiom of justice: Priority for the More Deserving, requiring that, as between two individuals at the same well-being level, a given increment in well-being be allocated to the more deserving one. -/- If individual desert is intrapersonally fixed, this new axiom, together with a desert-modulated version of the Pigou-Dalton principle, and the Pareto axioms, yields a desert-modulated prioritarian account of distributive justice. Trouble arises, however, if an individual’s desert level can be different in different outcomes. In this case of intrapersonally variable desert, Priority for the More Deserving can conflict with the Pareto axioms (both Pareto indifference and strong Pareto). -/- This conflict, I believe, is sufficient reason to abandon the proposal to make claim strength a function of individual desert on top of well-being levels and differences. If distributive justice is truly sensitive to each individual’s separate perspective—if the justice ranking of outcomes is built up from the totality of individual rankings—we should embrace the Pareto axioms as axioms of justice and reject Priority for the More Deserving. In short: desert-modulated prioritarianism is a nonstarter. Rawls was right to sever distributive justice from desert. (shrink)

A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these rights and their correlative duties, (...) while remaining neutral on substantive moral debates. I argue that socioeconomic-consideration human rights are satisfactorily claimable and sufficiently practical. (shrink)

People can look at non-conforming behaviour in two ways: either the person is acting immorally or the moral theory that condemns the behaviour is mistaken. To choose the former is to reflect a confidence in the existing moral theory, while choosing the latter is evidence that moral theory for that particular behaviour is wrong. This point says a lot about the link between the descriptive and evaluative enterprises of law. The development of basic moral principles, which draws from moral intuition, (...) is a similar process when it comes to developing social practices, which in turn draw from human behaviour. Legal positivism has contributed much to clarifying the kind of social facts that characterize legal systems, specifically the kind of normative claims that legal systems typically make. Legal positivism provides much of the descriptive front. This chapter is motivated by an interest in reconciling the normative claims of law with the claims that moral philosophers believe can be justified. (shrink)

This paper explores the relationship between a person's claim right not to be harmed and the duties this claim confers on others. I argue that we should reject Jonathan Quong's evidence-based account of this relationship, which holds that an agent A's possession of a claim against B is partly determined by whether it would be reasonable for A to demand B's compliance with a correlative duty. When B's evidence is that demanding compliance would not be reasonable, A cannot have a (...) claim against B. I suggest that some of the putatively problematic cases that Quong identifies can be resolved by plausibly narrowing the scope of the right not to be harmed. I also argue that Quong's view leads to implausible conclusions, and that his account of what happens to A's claim in the face of lesser-evil justifications is inconsistent with his broader view. I then defend the view that agents are required, and not merely permitted, to act on lesser-evil justifications. I further argue that A may not defend herself against the infliction of harms that are justified on lesser-evil grounds. However, she may defend herself in cases where B is only evidentially, and not objectively, justified in harming her. (shrink)

Charles S. Peirce holds some views about science and inquiry whose exact significance and ratio essendi are notoriously hard to grasp. One of these is particularly intriguing, namely, his frequently inferring from the intuitive ideas that science consists “in diligent inquiry into truth for truth’s sake”, and that the greatest threat to science is to “block the way of inquiry”, the conclusions that “belief […] has no place in science” and that the “scientific man”, when inquiring, has only “provisional” opinions. (...) In this article, I examine the ground and validity of the infamous and, arguably, strongly counterintuitive thesis that “belief has... (shrink)

Amy Gutmann and Dennis Thompson’s theory of deliberative democracy has been widely influential and favorably viewed by many as a successful attempt to combine procedural and substantive aspects of democracy, while remaining quintessentially liberal. Although I admit that their conception is one of the strongest renditions of liberal democracy, I argue that it is inadequate in radically multicultural societies that house non-liberal cultural minorities. By focusing on Gutmann’s position on minority claims of culture in the liberal West, which follows (...) from Gutmann and Thompson’s theory of deliberative democracy, I attempt to show that the theory of deliberative democracy does not do justice to legitimate claims of culture made by nonliberal minority cultural groups in the liberal West. As a result, I further argue that their deliberative democracy itself is inadequate for radically diverse societies in the West, some of whose members also belong to nonliberal minority cultural groups. (shrink)

Captured in narrative textual form through open-ended and tape-recorded interview conversations, visitor experience was interpreted to construct a description of visitors' relationships to place while at the same time providing insights for those who manage the national park. Humans are conceived of as meaning-makers, and outdoor recreation is viewed as emergent experience that can enrich peoples' lives rather than a predictable outcome of processing information encountered in the setting. This process-oriented approach positions subjective well-being and positive experience in the ongoing (...) processes and activities that comprise our life pursuits rather than in particular end states toward which behaviors might be directed as in the case of end state frameworks. Several themes emerged in the interpretation across narratives including a relationship of stewardship/sense of respectful mitigation, socially constructed dimensions of the wilderness concept, which both converged with and deviated from definitions in The Wilderness Act of 1964, humans positioned as both part of wilderness and separate from it, description of a process whereby people form a relationship to protected places, and an awareness among visitors of the overarching management dilemma of how to balance human visitation with protection. Management insights and general implications that emerged from the overall interpretation such as using narrative illustration to enhance visitor education were summarized. It is suggested that the particularities of the setting, in conjunction with the process-oriented creation of meaning via varying levels of physical and social interaction with the setting each play important roles, perhaps at different times, for visitors' relationships to places within the Park. The process of forming long-term relationships to places is highlighted as the common thread running through the interpretation. The value of the national park is seen to lie in these relationships, which are time and context dependent, not necessarily in the attributes of the park, many of which are generic to other protected areas in North America. The dissertation concluded with an evaluation of this interpretation based on these implications and insights and provided direction for further research to learn about the processes involved with forming relationships to protected places. (shrink)

Pezdek and Lam [Pezdek, K. & Lam, S. . What research paradigms have cognitive psychologists used to study “False memory,” and what are the implications of these choices? Consciousness and Cognition] claim that the majority of research into false memories has been misguided. Specifically, they charge that false memory scientists have been misusing the term “false memory,” relying on the wrong methodologies to study false memories, and misapplying false memory research to real world situations. We review each of these (...) class='Hi'>claims and highlight the problems with them. We conclude that several types of false memory research have advanced our knowledge of autobiographical and recovered memories, and that future research will continue to make significant contributions to how we understand memory and memory errors. (shrink)

One of the lamentable characteristics of our contemporary age is the way in which abortion has been adopted as a natural part of the culture. This essay describes this adoption as a symptom of that culture’s profound de-Christianization. As that culture sheds its once Christian commitments, persons change the way in which they relate to their body in its sexually differentiated physiology, its physical drives and impulses. They refashion their sense of human flourishing, their vision of women’s social role, the (...) value they place on education, career, and economic well-being, and their understanding of reproductive responsibility. This de-Christianization is not sufficiently appreciated in a nominally still “Christian culture.” Such blindness reflects an inability to distinguish Christian commitments from moral commitments, which, although framed in terms that are compatible with Christian meanings, are equally open to meanings affirming the idolatry informing secular humanism. De-Christianization is not the same as de-moralization. This essay explores the way in which the new moral norms about sexuality, about education and career opportunities for women, authority within marriage, the role of this-worldly well-being and human suffering all contribute to our culture’s complacency in view of abortion. The underlying concern is to illustrate how a morality (even a morality of human sympathy and solidarity) that is not anchored in a genuine Tradition-affirming Christian conduct of life leads away from Christ, and how only a return to that conduct can heal our “culture of death.”. (shrink)

Children are often denied rights on the basis of their incompetence. A theory of rights for children is essential for consideration of the child's political status, yet the debate surrounding children's rights has been characterised by the divisive concept of ‘capacity’ typified in the two leading rights theory, Interest Theory and Will Theory. This article will provide a thorough analysis of the relationship between capacity, competence and rights. Although Interest Theory has successfully dealt with the competence requirement for being a (...) right-holder, the competence requirement still holds for the type of rights a child holds. Children's interests are determined sufficiently strong to found a right when the claim-holder has the competence to realise the benefit to which that interest pertains. This allows us to recognise children as right-holders while constraining the types of rights they hold according to their developing competencies. (shrink)