Shavelson et al. (2023) identify an important problem in their Target article: a significant number of terminally ill patients with impaired motor function are wrongfully excluded from receiving ai...

Since its inception in 1968, the concept of whole-brain death has been contentious, and four decades on, controversy concerning the validity and coherence of whole-brain death continues unabated. Although whole-brain death is legally recognized and medically entrenched in the United States and elsewhere, there is reasonable disagreement among physicians, philosophers, and the public concerning whether brain death is really equivalent to death as it has been traditionally understood. A handful of states have acknowledged this plurality of viewpoints and enacted (...) “conscience clauses” that require “reasonable accommodation” of religious and moral objections to the determination of death by neurological criteria. This paper argues for the universal adoption of “reasonable accommodation” policies using the New Jersey statute as a model, in light of both the ongoing controversy and the recent case of Jahi McMath, a child whose family raised religious objections to a declaration of brain death. Public policies that accommodate reasonable, divergent viewpoints concerning death provide a practical and compassionate way to resolve those conflicts that are the most urgent, painful, and difficult to reconcile. (shrink)

Human beings working in fields involving life, death, and morality are going to have fundamental and occasionally irreconcilable differences of opinion regarding goals, values, and actions. This has been true from the beginning of civilization. Along the way, civilized peoples have created laws that accommodate these differences so that a diverse population can coexist peaceably in one pluralistic society. As such, the Law is the practical, inchoate expression of that society's combined morals.For more than a decade, scholarly articles about conscientious (...) objection in medical care have tended to involve one group of people telling other groups what they must value and how they must behave in order to be good... (shrink)

This article examines Bey v. City of New York — a recent Second Circuit case where four Black firefights suffering from Pseudofolliculitis Barbae (a skin condition causing irritation when shaving which mostly affects Black men) challenged the New York City Fire Department’s Clean Shave Policy — with an intersectional approach utilizing legal theories of racial, disability, and religious discrimination.

What does it mean when calls to reconciliation come from dominant social groups? Whom do these calls address? What effects do they have? I take up these questions through a case study of the public discourse on “reasonable accommodation” in Québec. When the Consultation Commission on Accommodation Practices Related to Cultural Differences concluded its tour of the regions and cities of Québec and, in the spring of 2008, the commissioners (philosopher Charles Taylor and sociologist Gérard Bouchard) issued (...) their report on the state of ethnocultural relations, their titular emphasis was on reconciliation. Their report, "Building the Future: A Time for Reconciliation," urged the francophone Québécois majority and immigrant or immigrant-descended cultural and religious minorities in Québec – the two groups between whom the conflict was staged in the discourse of “reasonable accommodation” – each to take its respective responsibility to rebuild Québec interculturalism in the aftermath of its public “crisis.” My case study indicates that when performed by the dominant group, calls to reconciliation can function in a complicated way to reproduce, rather than to transform, existing relations of power. Specifically, in the context of a nation-building project of a white settler society they may bolster, rather than undermine, the social bases of power that characterize such societies. To demonstrate how the discourse of “reasonable accommodation” dissimulates as to its material effects, I invoke Sara Ahmed’s concept of “nonperformativity.”. (shrink)

In recent years, debates about the legitimate place of religion in the public sphere have gained prominence in political theory. Departing from Rawls’s view of public reason, it has lately been argued that liberal regimes should not only be compatible with, but endorsing of, arguments originating in religious belief systems. Moreover, it has been maintained that the principle of political autonomy obliges every democratic order to enable all its citizens, be they secular or religious, to become the authors of the (...) laws to which they are subjected. Mere toleration, it is often said, strengthens social cohesion in the wrong way because it narrowly defines it as the product of bargaining processes, posited against the backdrop of power structures. The consensus many liberal defenders of religion in the public sphere wish to advance, however, aims at something radically dissimilar: particular institutions and arrangements need to be endorsed “for the right reasons”, i.e. based on arguments to which all citizens could hypothetically agree. This paper primarily grapples with the contractarian idea as a lens through which the legitimate place of religion in the public sphere is negotiated. I argue that the emphasis on “right reasons” is mistaken in an essential way: it underrates the impact of power structures on the ways in which particular institutions and arrangements are actually justified or criticized. I shall claim that public reason must rather be conceived in terms of a discursive and dynamic modus vivendi. This implies acknowledging the pervasiveness of power structures in society at all times, without giving up on the potential for deliberation among secular and religious citizens. As a case study, the paper looks into the findings of the Bouchard/Taylor commission in Québec (2007-2008) and maintains that the context-sensitive method used by the authors exemplifies this novel, more useful approach to public reason and modus vivendi. (shrink)

A US Department of Health and Human Services Final Rule, Protecting Statutory Conscience Rights in Health Care, and a proposed bill in the British House of Lords, the Conscientious Objection Bill, may well warrant a concern that—to borrow a phrase Daniel Callahan applied to self-determination—conscientious objection in health care has “run amok.” Insofar as there are no significant constraints or limitations on accommodation, both rules endorse an approach that is aptly designated “conscience absolutism.” There are two common strategies to (...) counter conscience absolutism and prevent conscientious objection in medicine from running amok. One, non-toleration, is to decline to accommodate physicians who refuse to provide legal, professionally accepted, clinically appropriate medical services within the scope of their clinical competence. The other, compromise or reasonable accommodation, is to impose constraints on accommodation. Several arguments for non-toleration are critically analyzed, and I argue that none warrants its acceptance. I maintain that non-toleration is an excessively blunt instrument to prevent conscientious objection in medicine from running amok. Instead, I defend a more nuanced contextual approach that includes constraints on accommodation. (shrink)

RESUMEN: Este trabajo considera la conceptualización y aplicación de la figura de los ajustes razonables en Qatar tras nueve años desde la ratificación de la Convención sobre los Derechos de las Personas con Discapacidad (CDPD). En él se trata de analizar la situación de igualdad y no discriminación de las personas con discapacidad utilizando como medida de impacto la figura de ajustes razonables. El artículo destaca las principales fallas y virtudes del Estado de Qatar respecto a esta figura y traza (...) un camino a fin de poder avanzar en la inclusión de las personas con discapacidad a la luz de la CDPD. ABSTRACT: This paper considers the conceptualization and application of reasonable acommodation in Qatar after nine years since the ratification of the Convention on the Rights of Persons with Disabilities (CRPD). It analyzes the situation of equality and non-discrimination of people with disabilities using the figure of reasonable adjustments as an impact measure. The article highlights the main failures and virtues of the State of Qatar regarding reasonable accommodation and draws a path to move forward in the inclusion of people with disabilities in the light of the CRPD. PALABRAS CLAVE: ajustes razonables, igualdad, CDPD, Qatar. KEYWORDS: reasonable accommodation, equality, CRPD, Qatar. (shrink)

Journal of Social Philosophy, EarlyView.

The third of Berman and Hafner’s early nineties papers on reasoning with legal cases concerned temporal context, in particular the evolution of case law doctrine over time in response to new cases and against a changing background of social values and purposes. In this paper we consider the ways in which changes in case law doctrine can be accommodated in a recently proposed methodology for encapsulating case law theories, and relate these changes the sources of change identified by Berman and (...) Hafner. (shrink)

Many philosophers have been attracted to the view that reasons are premises of good reasoning – that reasons to φ are premises of good reasoning towards φ-ing. However, while this reasoning view is indeed attractive, it faces a problem accommodating outweighed reasons. In this article, I argue that the standard solution to this problem is unsuccessful and propose an alternative, which draws on the idea that good patterns of reasoning can be defeasible. I conclude by drawing out implications for the (...) debate over pragmatic reasons for belief and other attitudes and for one influential form of reductionism about the normative. (shrink)

According to one view of linguistic information, a speaker can convey contextually new information in one of two ways: by asserting the content as new information; or by presupposing the content as given information which would then have to be accommodated. This distinction predicts that it is conversationally more appropriate to assert implausible information rather than presuppose it. A second view rejects the assumption that presuppositions are accommodated; instead, presuppositions are assimilated into asserted content and both are correspondingly open to (...) challenge. Under this view, we should not expect to find a difference in conversational appropriateness between asserting implausible information and presupposing it. To distinguish between these two views of linguistic information, we performed two self-paced reading experiments with an on-line stops-making-sense judgment. The results of the two experiments—using the presupposition triggers the and too—show that accommodation is inappropriate relative to non-presuppositional controls when the presupposed information is implausible but not when it is plausible. These results provide support for the first view of linguistic information: the contrast in implausible contexts can only be explained if there is a presupposition-assertion distinction and accommodation is a mechanism dedicated to reasoning about presuppositions. (shrink)

Conflicts of interest. None to report. Despite widespread acceptance in the United States of neurological criteria to determine death, clinicians encounter families who object, often on religious grounds, to the categorization of their loved ones as “brain dead.” The concept of “reasonable accommodation” of objections to brain death, promulgated in both state statutes and the bioethics literature, suggests the possibility of compromise between the family’s deeply held beliefs and the legal, professional and moral values otherwise directing clinicians to (...) withdraw medical interventions. Relying on narrative to convey the experience of a family and clinical caregivers embroiled in this complex dilemma, the case analyzed here explores the practical challenges and moral ambiguities presented by the concept of reasonable accommodation. Clarifying the term’s meaning and boundaries, and identifying guidelines for its clinical implementation, could help to reduce uncertainty for both health care professionals and families and, thereby, the incremental moral distress such uncertainty creates. (shrink)

The central notion in this article is ‘pluriform accommodation,’ a term that we have coined to defend two lines of thought. The first is a plea for inclusive and consequential neutrality; the second is a closely linked plea for reasonable accommodation. With ‘pluriform accommodation’ we emphasize that the multicultural recognition scope should be expanded. The need for inclusive and accommodative rules, laws, and practices is a matter of principle and as such cannot be reduced to the (...) inclusion of people with an immigration background who bring with them all kinds of ethnocultural and religious practices, convictions, and traditions. Furthermore, the enshrined freedom of religion does not provide the needed protection for the multiplicity of conscientious identifications, convictions, and strong allegiances that might be central to one’s sense of self. We argue that we should not engage in (top down) debates about the rights of individuals and groups of different types and think in terms of identity hierarchies, but instead should consider the various claims being made (bottom up), aiming for common standards and criteria to assess the validity of these claims and the reasonableness of the associated accommodations. (shrink)

The central notion in this article is ‘pluriform accommodation,’ a term that we have coined to defend two lines of thought. The first is a plea for inclusive and consequential neutrality; the second is a closely linked plea for reasonable accommodation. With ‘pluriform accommodation’ we emphasize that the multicultural recognition scope should be expanded. The need for inclusive and accommodative rules, laws, and practices is a matter of principle and as such cannot be reduced to the (...) inclusion of people with an immigration background who bring with them all kinds of ethnocultural and religious practices, convictions, and traditions. Furthermore, the enshrined freedom of religion does not provide the needed protection for the multiplicity of conscientious identifications, convictions, and strong allegiances that might be central to one’s sense of self. We argue that we should not engage in (top down) debates about the rights of individuals and groups of different types and think in terms of identity hierarchies, but instead should consider the various claims being made (bottom up), aiming for common standards and criteria to assess the validity of these claims and the reasonableness of the associated accommodations. (shrink)

Empirical research on aesthetic response poses two challenges to philosophy. The more familiar challenge is that scientific explanations of aesthetic responses debunk what we take to be our reasons for those responses. One reaction to this challenge is an accommodation strategy that seeks to reconcile the scientific findings with an improved understanding of our normative reasons. This paper presents a more fundamental challenge: a well-established body of research in social psychology indicates that we routinely confabulate the reasons we give (...) for our aesthetic response. This challenges the accommodation strategy and suggests that philosophy should adopt a more radical naturalism about aesthetic response. (shrink)

In this paper we put forward a realist account of the problem of the accommodation of conflicting claims over sacred places. Our argument takes its cue from the empirical finding that modern, Western-style states necessarily mould religion into shapes that are compatible with state rule. So, at least in the context of modern states there is no pre-political morality of religious freedom that states ought to follow when adjudicating claims over sacred spaces. In which case most liberal normative theory (...) on religious accommodation turns out to be wrong headed. As an alternative, we suggest the question of contested sacred places should be settled with reference to the state’s purposes—at least as long as one is committed to the existence of modern states. If one finds the state’s treatment of religion unsatisfactory, then our argument provides a pro tanto reason for seeking alternative forms of political organisation. (shrink)

The literature on theoretical reason has been dominated by epistemological concerns, treatments of practical reason by ethical concerns. This book overcomes the limitations of dealing with each separately. It sets out a comprehensive theory of rationality applicable to both practical and theoretical reason. In both domains, Audi explains how experience grounds rationality, delineates the structure of central elements, and attacks the egocentric conception of rationality. He establishes the rationality of altruism and thereby supports major moral principles. The concluding part describes (...) the pluralism and relativity his conception of rationality accommodates and, taking the unified account of theoretical and practical rationality in that light, constructs a theory of global rationality--the overall rationality of persons. Rich in narrative examples, intriguing analogies, and intuitively appealing arguments, this beautifully crafted book will spur advances in ethics and epistemology as well in philosophy of mind and action and the theory of rationality itself. (shrink)

This paper considers what concept of accommodation is necessary to identify and address discrimination, disadvantages and disparities in such a way that the plurality of religious people with their beliefs, values and practices may be justly accommodated in healthcare. It evaluates threats to the possibility of such accommodation pertaining by considering what beliefs and practices might increase the risk of unjust discrimination against and disadvantage for religious people, whether as individuals or as groups; and the risk of disparities (...) between the care provided to religious people. The claim is that there is an important cluster of risks that are political in kind and emergent within philosophical bioethics. While not amounting (yet) to a trend, they are sufficiently threatening to a just civic life for patients and healthcare staff as to warrant scrutiny. After an Introductory Section 1, Section 2 evaluates a criticism of ‘accommodation’ and the apparently additional health-related requirements that those of religious faith demand, when compared with other people. It does so by comparing Lori Beaman's idea of agonism with that of a distinct and somewhat complementary approach in Jonathan Chaplin's political philosophy, before examining the role of established religion in setting the conditions for the accommodation of religion and belief in healthcare. Section 3 examines risks to such accommodation by engaging critically with three health-related instantiations of political philosophy that differ radically from both Beaman and Chaplin. A concluding Section 4 focusses on appropriate modes of communicating about religious and other beliefs in healthcare. (shrink)

The principle of sufficient reason asserts that anything that happens does so for a reason: no definite state of affairs can come into being unless there is a sufficient reason why that particular thing should happen. This principle is usually attributed to Leibniz, although the first recorded Western philosopher to use it was Anaximander of Miletus. The demand that nature be rational, in the sense that it be compatible with the principle of sufficient reason, conflicts with a basic feature of (...) contemporary orthodox physical theory, namely the notion that nature’s response to the probing action of an observer is determined by pure chance, and hence on the basis of absolutely no reason at all. This appeal to pure chance can be deemed to have no rational fundamental place in reason-based Western science. It is argued here, on the basis of other basic principles of quantum physics, that in a world that conforms to the principle of sufficient reason, the usual quantum statistical rules will naturally emerge at the pragmatic level, in cases where the reason behind nature’s choice of response is unknown, but that the usual statistics can become biased when the reason for the choice is empirically identifiable. It is explained here that if the statistical laws of quantum mechanics were to be biased in this way then the basically forward-in-time unfolding of empirical reality described by orthodox quantum mechanics would generate the appearances of backward-time-effects of the kind that have been reported in the scientific literature. (shrink)

With some qualifications, this article endorses Brian Leiter’s argument that religious accommodation should not shift burdens from believers to non-believers. It argues that religious believers should take responsibility for their beliefs and for meeting the demands of their beliefs. It then examines the implications of that argument for British law on indirect discrimination as it relates to religion or belief: burden-shifting from believers to employers and providers of goods and services should be deemed acceptable only insofar as the burden (...) incurred by the employer or provider is ‘insignificant’. Legal exemptions should satisfy a similar test. Why should there be religious accommodation at all, even if it entails no significant burden-shifting? The author agrees with Leiter in finding the most plausible answer in the claims of conscience rather than in general theories of equality or features special to religion. Those claims can reasonably be made in respect of liberty of conscience but also when conscience is merely disadvantaged. (shrink)

The opinion of the American Medical Association (AMA) Council on Ethical and Judicial Affairs (CEJA) on the accommodation of conscientious objectors among medical doctors aims to balance fairly patients’ rights of access to care and accommodating doctors’ deeply held personal beliefs. Like similar documents, it fails. Patients will not find it persuasive, and neither should they. The lines drawn aim at a reasonable compromise between positions that are not amenable to compromise. They are also largely arbitrary. This article (...) explains why that is the case. The view that conscientious objection accommodation has no place in modern medicine is defended. (shrink)

This paper offers a distinctively egalitarian defence of religious accommodation in contrast to the rights-based approaches of contemporary legal thinking. It argues that we can employ the Rawlsian idea of a fair framework of co-operation to model the way that accommodation claimants reason with others (such as their employers) when they wish to be released from generally applicable rules. While participants in social institutions have ‘framework obligations’ to adhere to the rules those institutions involve, they also have ‘democratic (...) obligations’ to re-consider and on occasion revise those rules which set back participants basic interest, including individuals’ interest in manifesting their religion or belief. A number of objections to accommodation are considered, and it’s argued that the personal responsibility objection is most serious. It’s argued that responsibility can be interpreted through the notion of identification which in turn can be conceptualised through the ideal of integrity, and that the value of integrity in fact counts in favour of accommodation claims. The paper also offers replies to other objections to religious accommodation including the problem of proliferation, the problem of illiberal beliefs and the rewarding the doctrinaire objection. (shrink)

This paper reports a psychological study of human categorization that looked at the procedures used by expert scientists when dealing with puzzling items. Five professional botanists were asked to specify a category from a set of positive and negative instances. The target category in the study was defined by a feature that was unusual, hence situations of uncertainty and puzzlement were generated. Subjects were asked to think aloud while solving the tasks, and their verbal reports were analyzed. A number of (...) problem solving strategies were identified, and subsequently integrated in a model of knowledge‐guided inductive categorization. Our model proposes that expert knowledge influences the subjects' reasoning in more complex ways than suggested by earlier investigations of scientific reasoning. As in previous studies, domain knowledge influenced our subjects' hypothesis generation and testing; but, additionally, it played a central role when subjects revised their hypotheses. (shrink)

We are very grateful to Chong-Ming Lim for his thoughtful reply published in this journal on one of our articles, which motivated us to think more carefully about accommodating autistic individuals and treating autism. However we believe there are some confusions in Lim's argument. Lim uses the accommodation thesis, according to which we should accommodate autistic individuals rather than treat autism, as the starting point for his reasoning. He claims that if the accommodation thesis is right, then we (...) should not treat autistic individuals for their autism, not even low-functioning ones, because this would be disrespectful to all autistic individuals. We should instead limit ourselves to accommodate all autistic individuals. However, the opposition between accommodation and treatment is not valid in the case of autism, because of ambiguity in the concepts of accommodation and treatment. Moreover there is confusion in Lim's reasoning caused by omitting important facts about the practice of treating autism. (shrink)

Liberal states ought to accommodate conscientious tax resistance for the same reasons they should accommodate conscientious objection to fighting in war. Conscientious objection to fighting is nothing special.

The philosophical literature on reasoning is dominated by the assumption that reasoning is essentially a matter of following rules. This paper challenges this view, by arguing that it misrepresents the nature of reasoning as a personal level activity. Reasoning must reflect the reasoner’s take on her evidence. The rule-following model seems ill-suited to accommodate this fact. Accordingly, this paper suggests replacing the rule-following model with a different, semantic approach to reasoning.

Does reasoning to a certain conclusion necessarily involve a normative belief in support of that conclusion? In many recent discussions of the nature of reasoning, such a normative belief condition is rejected. One main objection is that it requires too much conceptual sophistication and thereby excludes certain reasoners, such as small children. I argue that this objection is mistaken. Its advocates overestimate what is necessary for grasping the normative concepts required by the condition, while seriously underestimating the importance of such (...) concepts for our most fundamental agential capacities. Underlying the objection is the observation that normative thoughts do not necessarily cross our minds during reasoning. I show that proponents of the normative belief condition can accommodate this observation by taking the required normative belief to guide the reasoning process and offer a novel account of what such guidance consists in. (shrink)

All of us, including scientists, make judgments about what is true or false, probable or improbable. And in the process, we frequently appeal to concepts such as evidential support or explanation. Bayesian philosophers of science have given illuminating formal accounts of these concepts. This paper aims to follow in their footsteps, providing a novel formal account of various additional concepts: the likelihood-prior trade-off, successful accommodation of evidence, ad hocness, and, finally, consilience—sometimes also called “unification”. Using these accounts, I also (...) provide a new Bayesian analysis of how someone such as Charles Darwin hypothetically could have reasoned in favor of evolution over special creationism. Lastly, I explore how these accounts relate to other topics and accounts in philosophy, and I chart out some areas for further research. (shrink)

We introduce a “reason-based” framework for explaining and predicting individual choices. It captures the idea that a decision-maker focuses on some but not all properties of the options and chooses an option whose motivationally salient properties he/she most prefers. Reason-based explanations allow us to distinguish between two kinds of context-dependent choice: the motivationally salient properties may (i) vary across choice contexts, and (ii) include not only “intrinsic” properties of the options, but also “context-related” properties. Our framework can accommodate boundedly rational (...) and sophisticatedly rational choice. Since properties can be recombined in new ways, it also offers resources for predicting choices in unobserved contexts. (shrink)

We respond in this paper to various counter arguments advanced against our stance on conscientious objection accommodation. Contra Maclure and Dumont, we show that it is impossible to develop reliable tests for conscientious objectors' claims with regard to the reasonableness of the ideological basis of their convictions, and, indeed, with regard to whether they actually hold they views they claim to hold. We demonstrate furthermore that, within the Canadian legal context, the refusal to accommodate conscientious objectors would not constitute (...) undue hardship for such objectors. We reject concerns that refusing to accommodate conscientious objectors would limit the equality of opportunity for budding professionals holding particular ideological positions. We also clarify various misrepresentations of our views by respondents Symons, Glick and Jotkowitz, and Lyus. (shrink)

This paper builds upon previous work in which I argue that we should assess a provider's reasons for his or her objection before granting a conscientious exemption. For instance, if the medical professional's reasoned basis involves an empirical mistake, an accommodation is not warranted. This article poses and begins to address several deep questions about the workings of what I call a reason-giving view: What standard should we use to assess reasons? What policy should we adopt in order to (...) evaluate the reasons offered by medical practitioners in support of their objections? I argue for a reasonability standard to perform the essential function of assessing reasons, and I offer considerations in support of a policy establishing conscientious objector status in medicine. (shrink)

Current mainstream approaches to conscientious objection either uphold the standards of public health care by preventing objections or protect the consciences of health‐care professionals by accommodating objections. Public justification approaches are a compromise position that accommodate conscientious objections only when objectors can publicly justify the grounds of their objections. Public justification approaches require objectors and assessors to speak a common normative language and to this end it has been suggested that objectors should be required to cast their objection in terms (...) of public reason. We provide critical support for such a public reason condition and argue that it would be neither too demanding nor too permissive. We also respond to objections that it unfairly favours secular over religious objectors and that public reasons cannot be held with the kind of sincerity thought to characterize conscientious objections. (shrink)

In this essay, I provide some insights on how to instruct students with learning disabilities. The first half of this essay deals with the theoretical issue of equal opportunity. I begin by examining the question of access and consider the various ways philosophy remains inaccessible to students with learning disabilities. Then, I use the legal definition of accommodation to argue that it is possible to make philosophy courses accessible to students with learning disabilities without fundamentally altering the nature of (...) these courses. Finally, I point out several reasons for preferring the accessibility model of equal opportunity in education over the accommodation model. The second half of this essay proceeds to highlight several pedagogical practices an instructor can employ to create an inclusive college-level philosophy course under the accessibility model. Specifically, I provide recommendations for how to write effective accessibility statements, develop inclusive course design, ensure equal assessment opportunities, utilize technology in the classroom, and maintain strong academic relationships between instructors and students. (shrink)

The Belief‐Desire model (the B‐D model) of reasons for action has been subject to much criticism lately. Two of the most elaborate and trenchant expositions of such criticisms are found in recent works by Jonathan Dancy (2000) and Fred Stoutland (2002). In this paper we set out to respond to the central pieces of their criticisms. For this purpose it is essential to sort out and regiment different senses in which the term ‘reason’ may be used. It is necessary to (...) go beyond common philosophical practice and distinguish not merely between two such different uses but to make a tripartite distinction. Our aim is largely conciliatory: we grant the main parts of the points made by Stoutland and Dancy but argue that once the B‐D model has been properly stated, and different uses of the term ‘reason’ sufficiently regimented, the B‐D proponent is able to accommodate their respective criticisms within the framework of the B‐D model and thereby undermine their case against the model. (shrink)

This book brings together in one place David Hitchcock’s most significant published articles on reasoning and argument. In seven new chapters he updates his thinking in the light of subsequent scholarship. Collectively, the papers articulate a distinctive position in the philosophy of argumentation. Among other things, the author:• develops an account of “material consequence” that permits evaluation of inferences without problematic postulation of unstated premises.• updates his recursive definition of argument that accommodates chaining and embedding of arguments and allows any (...) type of illocutionary act to be a conclusion. • advances a general theory of relevance.• provides comprehensive frameworks for evaluating inferences in reasoning by analogy, means-end reasoning, and appeals to considerations or criteria.• argues that none of the forms of arguing ad hominem is a fallacy.• describes proven methods of teaching critical thinking effectively. (shrink)

In this paper, I consider a novel challenge to John Martin Fischer and Mark Ravizza’s reasons-responsiveness theory of moral responsibility. According to their view, agents possess the control necessary for moral responsibility if their actions proceed from a mechanism that is moderately reasons-responsive. I argue that their account of moderate reasons-responsiveness fails to provide necessary and sufficient conditions for moral responsibility since it cannot give an adequate account of the responsibility of individuals with autism spectrum disorder. Empirical evidence suggests that (...) autistic individuals demonstrate impairments in counterfactual thinking, and these impairments, I argue, are such that they cast doubt on Fischer and Ravizza’s construal of moderate reasons-responsiveness. I then argue that modifying the view in order to accommodate individuals with ASD forces them to defend a strong reasons-responsive account despite the fact that they explicitly deny that such an account can adequately characterize what it is to be morally responsible for one’s actions. (shrink)

This article argues for the view that statements about normative reasons are context-sensitive. Specifically, they are sensitive to a contextual parameter specifying a relevant person's or group's body of information. The argument for normative reasons contextualism starts from the context-sensitivity of the normative “ought” and the further premise that reasons must be aligned with oughts. It is incoherent, I maintain, to suppose that someone normatively ought to φ but has most reason not to φ. So given that oughts depend on (...) context, a parallel view about normative reasons is needed. It is shown that the resulting view solves notorious puzzles involving apparently conflicting but equally plausible claims about reasons. These puzzles arise especially in cases where agents have limited information or false beliefs. In these cases, we feel torn between reasons claims that take into account the limitations of the agent's perspective and apparently conflicting claims that are made from a more objective point of view. The contextualist account developed here accommodates both objectivist and subjectivist intuitions. It shows that all of the claims in question can be true, provided that they are relativized to different values of the relevant information parameter. Also, contextualism yields a fruitful approach to the debate about having reasons and the alleged failure of the so-called “factoring account”. (shrink)

This paper contributes to the debate on whether we can have reason to do what we are unable to do. I take as my starting point two papers recently published in Philosophical Studies , by Bart Streumer and Ulrike Heuer, which defend the two dominant opposing positions on this issue. Briefly, whereas Streumer argues that we cannot have reason to do what we are unable to do, Heuer argues that we can have reason to do what we are unable to (...) do when we can get closer to success but cannot have reason to try to do what we are unable to do when we cannot get closer to success. In this paper, I reject both positions as they are presented, on the grounds that neither can accommodate an important category of reasons, which are the reasons to realise and to try to realise dimensions of value that lie at the boundary of what is realisable, specifically, genuinely valuable ideals. I defend a third view that we can have reason to do and to try to do what we are unable to do even when we cannot, in Heuer’s sense, get closer to success. Moreover, I argue that we can have reason to realise and to try to realise genuinely valuable ideals for their own sake and not simply for the sake of achieving mundane, realisable ends. (shrink)

A spectre is haunting legal positivists – and perhaps legal philosophers more generally – the spectre of the normativity of law. Whatever else law is, it is sometimes said, it is normative, and so whatever else a philosophical account of law accounts for, it should account for the normativity of law. Of the many different possible ways of understanding "the" problem of the normativity of law, I focus here on the one insisting on the need to explain the reason-giving force (...) of the law. But, I argue, once we are clear on just what reason-giving consists in, and on what claims about the reason-giving force of the law are at all plausible, accommodating the fact that the law gives reasons for action can be seen to be a pseudo-problem. In particular, not only doesn't legal positivism face an especially serious challenge here, but it can be seen to have a (modest) advantage over its competitors in accommodating one way in which the law can (perhaps) give reasons for action. (shrink)

My project is to reconsider the Kantian conception of practical reason. Some Kantians think that practical reasoning must be more active than theoretical reasoning, on the putative grounds that such reasoning need not contend with what is there anyway, independently of its exercise. Behind that claim stands the thesis that practical reason is essentially efficacious. I accept the efficacy principle, but deny that it underwrites this inference about practical reason. My inquiry takes place against the background of recent Kantian metaethical (...) debate — each side of which, I argue, correctly points to issues that need to be jointly accommodated in the Kantian account of practical reason. The constructivist points to the essential efficacy of practical reason, while the realist claims that any genuinely cognitive exercise of practical reason owes allegiance to what is there anyway, independently of its exercise. I argue that a Kantian account of respect for persons (“recognition respect”) suggests how the two claims might be jointly accommodated. The result is an empirical moral realism that is itself neutral on the received Kantian metaethical debate. (shrink)

Reasoning with cases has been a primary focus of those working in AI and law who have attempted to model legal reasoning. In this paper we put forward a formal model of reasoning with cases which captures many of the insights from that previous work. We begin by stating our view of reasoning with cases as a process of constructing, evaluating and applying a theory. Central to our model is a view of the relationship between cases, rules based on cases, (...) and the social values which justify those rules. Having given our view of these relationships, we present our formal model of them, and explain how theories can be constructed, compared and evaluated. We then show how previous work can be described in terms of our model, and discuss extensions to the basic model to accommodate particular features of previous work. We conclude by identifying some directions for future work. (shrink)

A spectre is haunting legal positivists – and perhaps jurisprudes more generally – the spectre of the normativity of law. Whatever else law is, it is sometimes said, it is normative, and so whatever else a philosophical account of law accounts for, it should account for the normativity of law[1]. But law is at least partially a social matter, its content at least partially determined by social practices. And how can something social and descriptive in this down-to-earth kind of way (...) be normative?[2] This is presumably a problem for any theory of law, but it is especially acute for legal positivism, according to which (roughly speaking) all there is to facts about legality are such descriptive social facts. If this is so, the thought goes, the task of accommodating the law’s normativity immediately becomes both more daunting, and more urgent[3]. Unfortunately, though, it is entirely unclear what the problem of the normativity of law is supposed to be. Indeed, I suspect that there is no one problem here, as different people seem to have in mind different problems when they use this unhelpful phrase[4]. At least one family of issues people seem to have in mind when they talk about the normativity of law is a host of issues pertaining to the reason-giving force of the law. The law, it is sometimes said, gives reasons for action, and a theory of law should accommodate this obvious fact. But even when we focus just on questions regarding the reason-giving force of the law (and from now on I will restrict myself to just those, leaving other things people may have in mind when they talk about the normativity of law for another occasion), it is still not clear what the problem is. Indeed, my main purpose in this paper is to make some progress in understanding the relevant question here. And my conclusion is going to be somewhat skeptical: Once we are clear on what reason-giving in general consists in, and on what reason-giving powers the law actually has, there is not much by way of a problem here that needs to be solved, not a deep and interesting phenomenon here that theories of law need to accommodate, and that therefore places adequacy constraints on plausible theories of the nature of law.. (shrink)