This article presents the first thematic review of the literature on the ethical issues concerning digital well-being. The term ‘digital well-being’ is used to refer to the impact of digital technologies on what it means to live a life that is good for a human being. The review explores the existing literature on the ethics of digital well-being, with the goal of mapping the current debate and identifying open questions for future research. The review identifies major issues related to several (...) key social domains: healthcare, education, governance and social development, and media and entertainment. It also highlights three broader themes: positive computing, personalised human–computer interaction, and autonomy and self-determination. The review argues that three themes will be central to ongoing discussions and research by showing how they can be used to identify open questions related to the ethics of digital well-being. (shrink)

Interactions between an intelligent software agent and a human user are ubiquitous in everyday situations such as access to information, entertainment, and purchases. In such interactions, the ISA mediates the user’s access to the content, or controls some other aspect of the user experience, and is not designed to be neutral about outcomes of user choices. Like human users, ISAs are driven by goals, make autonomous decisions, and can learn from experience. Using ideas from bounded rationality, we frame these interactions (...) as instances of an ISA whose reward depends on actions performed by the user. Such agents benefit by steering the user’s behaviour towards outcomes that maximise the ISA’s utility, which may or may not be aligned with that of the user. Video games, news recommendation aggregation engines, and fitness trackers can all be instances of this general case. Our analysis facilitates distinguishing various subcases of interaction, as well as second-order effects that might include the possibility for adaptive interfaces to induce behavioural addiction, and/or change in user belief. We present these types of interaction within a conceptual framework, and review current examples of persuasive technologies and the issues that arise from their use. We argue that the nature of the feedback commonly used by learning agents to update their models and subsequent decisions could steer the behaviour of human users away from what benefits them, and in a direction that can undermine autonomy and cause further disparity between actions and goals as exemplified by addictive and compulsive behaviour. We discuss some of the ethical, social and legal implications of this technology and argue that it can sometimes exploit and reinforce weaknesses in human beings. (shrink)

This article presents the first thematic review of the literature on the ethical issues concerning digital well-being. The term ‘digital well-being’ is used to refer to the impact of digital technologies on what it means to live a life that isgood fora human being. The review explores the existing literature on the ethics of digital well-being, with the goal of mapping the current debate and identifying open questions for future research. The review identifies major issues related to several key social (...) domains: healthcare, education, governance and social development, and media and entertainment. It also highlights three broader themes: positive computing, personalised human–computer interaction, and autonomy and self-determination. The review argues that three themes will be central to ongoing discussions and research by showing how they can be used to identify open questions related to the ethics of digital well-being. (shrink)

We explore the question of whether machines can infer information about our psychological traits or mental states by observing samples of our behaviour gathered from our online activities. Ongoing technical advances across a range of research communities indicate that machines are now able to access this information, but the extent to which this is possible and the consequent implications have not been well explored. We begin by highlighting the urgency of asking this question, and then explore its conceptual underpinnings, in (...) order to help emphasise the relevant issues. To answer the question, we review a large number of empirical studies, in which samples of behaviour are used to automatically infer a range of psychological constructs, including affect and emotions, aptitudes and skills, attitudes and orientations (e.g. values and sexual orientation), personality, and disorders and conditions (e.g. depression and addiction). We also present a general perspective that can bring these disparate studies together and allow us to think clearly about their philosophical and ethical implications, such as issues related to consent, privacy, and the use of persuasive technologies for controlling human behaviour. (shrink)

We argue that while digital health technologies (e.g. artificial intelligence, smartphones, and virtual reality) present significant opportunities for improving the delivery of healthcare, key concepts that are used to evaluate and understand their impact can obscure significant ethical issues related to patient engagement and experience. Specifically, we focus on the concept of empowerment and ask whether it is adequate for addressing some significant ethical concerns that relate to digital health technologies for mental healthcare. We frame these concerns using five key (...) ethical principles for AI ethics (i.e. autonomy, beneficence, non-maleficence, justice, and explicability), which have their roots in the bioethical literature, in order to critically evaluate the role that digital health technologies will have in the future of digital healthcare. (shrink)

Common mental health disorders are rising globally, creating a strain on public healthcare systems. This has led to a renewed interest in the role that digital technologies may have for improving mental health outcomes. One result of this interest is the development and use of artificial intelligence for assessing, diagnosing, and treating mental health issues, which we refer to as ‘digital psychiatry’. This article focuses on the increasing use of digital psychiatry outside of clinical settings, in the following sectors: education, (...) employment, financial services, social media, and the digital well-being industry. We analyse the ethical risks of deploying digital psychiatry in these sectors, emphasising key problems and opportunities for public health, and offer recommendations for protecting and promoting public health and well-being in information societies. (shrink)

In his paper, Jakob Hohwy outlines a theory of the brain as an organ for prediction-error minimization, which he claims has the potential to profoundly alter our understanding of mind and cognition. One manner in which our understanding of the mind is altered, according to PEM, stems from the neurocentric conception of the mind that falls out of the framework, which portrays the mind as “inferentially-secluded” from its environment. This in turn leads Hohwy to reject certain theses of embodied cognition. (...) Focusing on this aspect of Hohwy’s argument, we first outline the key components of the PEM framework such as the “evidentiary boundary,” before looking at why this leads Hohwy to reject certain theses of embodied cognition. We will argue that although Hohwy may be correct to reject specific theses of embodied cognition, others are in fact implied by the PEM framework and may contribute to its development. We present the metaphor of the “body as a laboratory” in order to highlight wha... (shrink)

This chapter serves as an introduction to the edited collection of the same name, which includes chapters that explore digital well-being from a range of disciplinary perspectives, including philosophy, psychology, economics, health care, and education. The purpose of this introductory chapter is to provide a short primer on the different disciplinary approaches to the study of well-being. To supplement this primer, we also invited key experts from several disciplines—philosophy, psychology, public policy, and health care—to share their thoughts on what they (...) believe are the most important open questions and ethical issues for the multi-disciplinary study of digital well-being. We also introduce and discuss several themes that we believe will be fundamental to the ongoing study of digital well-being: digital gratitude, automated interventions, and sustainable co-well-being. (shrink)

This chapter serves as an introduction to the edited collection of the same name, which includes chapters that explore digital well-being from a range of disciplinary perspectives, including philosophy, psychology, economics, health care, and education. The purpose of this introductory chapter is to provide a short primer on the different disciplinary approaches to the study of well-being. To supplement this primer, we also invited key experts from several disciplines—philosophy, psychology, public policy, and health care—to share their thoughts on what they (...) believe are the most important open questions and ethical issues for the multi-disciplinary study of digital well-being. We also introduce and discuss several themes that we believe will be fundamental to the ongoing study of digital well-being: digital gratitude, automated interventions, and sustainable co-well-being. (shrink)

A cognitivist account of decision-making views choice behaviour as a serial process of deliberation and commitment, which is separate from perception and action. By contrast, recent work in embodied decision-making has argued that this account is incompatible with emerging neurophysiological data. We argue that this account has significant overlap with an embodied account of predictive processing, and that both can offer mutual development for the other. However, more importantly, by demonstrating this close connection we uncover an alternative perspective on the (...) nature of decision-making, and the mechanisms that underlie our choice behaviour. This alternative perspective allows us to respond to a challenge for predictive processing, which claims that the satisfaction of distal goal-states is underspecified. Answering this challenge requires the adoption of an embodied perspective. (shrink)

Lake et al. propose three criteria which, they argue, will bring artificial intelligence (AI) systems closer to human cognitive abilities. In this paper, we explore the application of these criteria to a particular domain of human cognition: our capacity for moral reasoning. In doing so, we explore a set of considerations relevant to the development of AI moral decision-making. Our main focus is on the relation between dual-process accounts of moral reasoning and model-free/model-based forms of machine learning. We also discuss (...) how work in embodied and situated cognition could provide a valu- able perspective on future research. (shrink)

Decision-making has traditionally been modelled as a serial process, consisting of a number of distinct stages. The traditional account assumes that an agent first acquires the necessary perceptual evidence, by constructing a detailed inner repre- sentation of the environment, in order to deliberate over a set of possible options. Next, the agent considers her goals and beliefs, and subsequently commits to the best possible course of action. This process then repeats once the agent has learned from the consequences of her (...) actions and subsequently updated her beliefs. Under this interpretation, the agent’s body is considered merely as a means to report the decision, or to acquire the relevant goods. However, embodied cognition argues that an agent’s body should be understood as a proper part of the decision-making pro- cess. Accepting this principle challenges a number of commonly held beliefs in the cognitive sciences, but may lead to a more unified account of decision-making. This thesis explores an embodied account of decision-making using a recent frame- work known as predictive processing. This framework has been proposed by some as a functional description of neural activity. However, if it is approached from an embodied perspective, it can also offer a novel account of decision-making that ex- tends the scope of our explanatory considerations out beyond the brain and the body. We explore work in the cognitive sciences that supports this view, and argue that decision theory can benefit from adopting an embodied and predictive perspective. (shrink)

Our aim in this paper is to explore two possible directions of interaction between normative folk psychology and decision theory. In one direction, folk psychology plays a regulative role that constrains practical decision‐making. In the other direction, decision theory provides novel tools and norms that shape folk psychology. We argue that these interactions could lead to the emergence of an iterative “decision theoretic spiral," where folk psychology influences decision‐making, decision‐making is studied by decision theory, and decision theory influences folk psychology. (...) Understanding these interactions is important both for the theoretical study of social cognition and decision theory, and also for thinking about how to implement practical interventions into real‐world decision‐making. (shrink)

Learning is fundamentally about action, enabling the successful navigation of a changing and uncertain environment. The experience of pain is central to this process, indicating the need for a change in action so as to mitigate potential threat to bodily integrity. This review considers the application of Bayesian models of learning in pain that inherently accommodate uncertainty and action, which, we shall propose are essential in understanding learning in both acute and persistent cases of pain.

This article offers several contributions to the interdisciplinary project of responsible research and innovation in data science and AI. First, it provides a critical analysis of current efforts to establish practical mechanisms for algorithmic auditing and assessment to identify limitations and gaps with these approaches. Second, it provides a brief introduction to the methodology of argument-based assurance and explores how it is currently being applied in the development of safety cases for autonomous and intelligent systems. Third, it generalises this method (...) to incorporate wider ethical, social, and legal considerations, in turn establishing a novel version of argument-based assurance that we call ‘ethical assurance.’ Ethical assurance is presented as a structured method for unifying the myriad practical mechanisms that have been proposed. It is built on a process-based form of project governance that enlists reflective innovation practices to operationalise normative principles, such as sustainability, accountability, transparency, fairness, and explainability. As a set of interlocutory governance mechanisms that span across the data science and AI lifecycle, ethical assurance supports inclusive and participatory ethical deliberation while also remaining grounded in social and technical realities. Finally, this article sets an agenda for ethical assurance, by detailing current challenges, open questions, and next steps, which serve as a springboard to build an active (and interdisciplinary) research programme as well as contribute to ongoing discussions in policy and governance. (shrink)

This edited volume presents an overview of cutting-edge research areas within digital ethics as defined by the Digital Ethics Lab of the University of Oxford. It identifies new challenges and opportunities of influence in setting the research agenda in the field. The yearbook presents research on the following topics: conceptual metaphor theory, cybersecurity governance, cyber conflicts, anthropomorphism in AI, digital technologies for mental healthcare, data ethics in the asylum process, AI’s legitimacy and democratic deficit, digital afterlife industry, automatic prayer bots, (...) foresight analysis and the future of AI. This volume appeals to students, researchers and professionals. (shrink)

Book review of Danks, D. (2014) Unifying the Mind: Cognitive Representations as Graphical Models.

Healthcare systems across the globe are struggling with increasing costs and worsening outcomes. This presents those responsible for overseeing healthcare with a challenge. Increasingly, policymakers, politicians, clinical entrepreneurs and computer and data scientists argue that a key part of the solution will be ‘Artificial Intelligence’ (AI) – particularly Machine Learning (ML). This argument stems not from the belief that all healthcare needs will soon be taken care of by “robot doctors.” Instead, it is an argument that rests on the classic (...) counterfactual definition of AI as an umbrella term for a range of techniques that can be used to make machines complete tasks in a way that would be considered intelligent were they to be completed by a human. Automation of this nature could offer great opportunities for the improvement of healthcare services and ultimately patients’ health by significantly improving human clinical capabilities in diagnosis, drug discovery, epidemiology, personalised medicine, and operational efficiency. However, if these AI solutions are to be embedded in clinical practice, then at least three issues need to be considered: the technical possibilities and limitations; the ethical, regulatory and legal framework; and the governance framework. In this article, we report on the results of a systematic analysis designed to provide a clear overview of the second of these elements: the ethical, regulatory and legal framework. We find that ethical issues arise at six levels of abstraction (individual, interpersonal, group, institutional, sectoral, and societal) and can be categorised as epistemic, normative, or overarching. We conclude by stressing how important it is that the ethical challenges raised by implementing AI in healthcare settings are tackled proactively rather than reactively and map the key considerations for policymakers to each of the ethical concerns highlighted. (shrink)

Difficult Atheism shows how contemporary French philosophy is rethinking the legacy of the death of God in ways that take the debate beyond the narrow confines of atheism into the much broader domain of post-theological thinking. Christopher Watkin argues that Alain Badiou, Jean-Luc Nancy and Quentin Meillassoux each elaborate a distinctive approach to the post-theological, but that each approach still struggles to do justice to the death of God.

In this article Cristoph Wulf examines the basic concepts of pedagogy and educational science in the German-speaking world, looking at education and socialization from the perspective of educational anthropology. He makes evident that the complex German concept of Bildung, in particular, can only be fully understood by means of a historical and philosophical analysis.

Do famous athletes have special obligations to act virtuously? A number of philosophers have investigated this question by examining whether famous athletes are subject to special role model obligations (Wellman 2003; Feezel 2005; Spurgin 2012). In this paper we will take a different approach and give a positive response to this question by arguing for the position that sport and gaming celebrities are ‘ambassadors of the game’: moral agents whose vocations as rule-followers have unique implications for their non-lusory lives. According (...) to this idea, the actions of a game’s players and other stakeholders—especially the actions of its stars—directly affect the value of the game itself, a fact which generates additional moral reasons to behave in a virtuous manner. We will begin by explaining the three main positions one may take with respect to the question: moral exceptionalism, moral generalism, and moral exemplarism. We will argue that no convincing case for moral exemplarism has thus far been made, which gives us reason to look for new ways to defend this position. We then provide our own ‘ambassadors of the game’ account and argue that it gives us good reason to think that sport and game celebrities are subject to special obligations to act virtuously. (shrink)

This paper argues that we should replace the common classification of theories of welfare into the categories of hedonism, desire theories, and objective list theories. The tripartite classification is objectionable because it is unduly narrow and it is confusing: it excludes theories of welfare that are worthy of discussion, and it obscures important distinctions. In its place, the paper proposes two independent classifications corresponding to a distinction emphasised by Roger Crisp: a four-category classification of enumerative theories (about which items constitute (...) welfare), and a four-category classification of explanatory theories (about why these items constitute welfare). (shrink)

In this paper, I consider the role of perspective in Hegel’s metaphysics, and in particular the role that multiple perspectives play within the ultimate structure in Hegel’s metaphysics, which Hegel calls ‘the idea [die Idee].’ My (somewhat anachronistic) way into this topic will be to inquire about Hegel’s stance on what Adrian Moore has called ‘absolute representations.’ I argue for the claim that perspective is maintained, even in the absolute idea, which generates the task of understanding the nature of that (...) perspective and its compatibility with absoluteness. I attempt to accomplish this task by asking what a logical perspective could be, and how it might be related to visual perspective. Then I inquire into the relation that perspectives have to each other, i.e., to the system of perspectives. I construe those relations in reciprocal and dynamic terms, so that absoluteness takes the form of a structured round of perspectives rather than a relation to reality “once and for all”. (shrink)

Authentizitat ist ein in unserem kulturellen Raum allgegenwartiges Phanomen. Doch wem oder was begegnen wir, wenn wir meinen, uns selbst verwirklichen oder alternativ einfach uns selbst treu sein zu mussen? Christoph Wiesinger zeigt, dass wir auf ein Selbst geworfen werden, das zwar als homogener Nukleus der Person projiziert werden kann, sich aber bei genauerem Hinsehen als komplexe sozial verinnerlichte Struktur entpuppt. Das Selbst ist keineswegs objektiv zu fassen, sondern unterliegt sozialen Genesen und wird durch soziale Adressierung unterschiedlich formiert. Das Ereignis (...) von Authentizitat gibt somit Anlass zur Reflexion der Differenz zwischen Erwartung und Erfahrung. Christoph Wiesinger legt die Strukturen des Phanomens der Authentizitat frei, zeigt die theologischen Implikationen auf und diskutiert die praktisch-theologischen Konsequenzen. (shrink)

This chapter surveys hybrid theories of well-being. It also discusses some criticisms, and suggests some new directions that philosophical discussion of hybrid theories might take.

Group-based reasons are reasons to play one’s part in some pattern of action that the members of some group could perform, because of the good features of the pattern. This paper discusses three broad conceptions of such reasons. According to the agency-first conception, there are no group-based reasons in cases where the relevant group is not or would not be itself an agent. According to the behaviour-first conception, what matters is that the other members of the group would play their (...) parts in the relevant pattern, not whether they would have the cooperative intentional states constitutive of group agency in doing so. This paper argues against these conceptions and in favour of the powers-first conception, according to which what matters is that the members of the group have practically relevant powers. (shrink)

What makes philosophy on the continent of Europe so different and exciting? And why does it have such a reputation for being 'difficult'? Continental philosophy was initiated amid the revolutionary ferment of the 18th century, philosophers such as Kant and Hegel confronting the extremism of the time with theories that challenged the very formation of individual and social consciousness. Covering the great philosophers of the modern and postmodern eras – from Nietzsche, Heidegger, Derrida and Deleuze right to up Agamben and (...) Žižek – and philosophical movements from German idealism to deconstruction and feminism – Christopher Kul-Want and Piero brilliantly elucidate some of the most thrilling and powerful ideas ever to have been discussed. (shrink)

What does social justice require in contemporary societies? What are the requirements of social democracy? Who and where are the individuals and groups that can carry forward agendas for progressive social transformation? What are we to make of the so-called new social movements of the last thirty years? Is identity politics compatible with egalitarianism? Can cultural misrecognition and economic maldistribution be fought simultaneously? What of the heritage of Western Marxism is alive and dead? And how is current critical social theory (...) to approach these and other questions? Much of the most productive work done in recent social theory has revolved around such issues, in particular, around those concerning the relationship between the politics of recognition and the politics of distribution. After the intense theoretical focus over the last fifteen years or so on the issues of recognition politics—multiculturalism, multi-nationalism, identity politics, group-differentiated rights, the accommodation of difference, and so on—some social theorists have worried that attention has been diverted from important issues of distributive equality—systematic impoverishment, increasing material inequality, ‘structural’ unemployment, the growth of oligarchic power, global economic segmentation, and so on. While some critics seem to have adopted a blunt ‘it’s the economy, stupid’ line of criticism,1 others have attempted to develop an overarching, integrative theoretical framework adequate to the diverse issues concerning both economic and cultural justice. For example, Axel Honneth proposes that a suitably developed and normatively robust theory of intersubjective recognition can adequately integrate an analysis of apparently diverse contemporary struggles: those for a just division of labor and hence, a fair distribution of resources and opportunities, as well as those for a culture free of identity-deforming disrespect and denigration. (shrink)

Die Kernthese der Paracelsischen Naturphilosophie, die Ahnlichkeit von Mensch und Welt, festgelegt in der Analogie von Mikro- und Makrokosmos, enthullt einen -Code-, der als konstitutives Moment samtliche Aussagen auf einer prakonzeptionellen Ebene organisiert, samtliche Teilbereiche in ihrer funktionalen Bedeutung fur das -Ganze- markiert und schliesslich im Sinne Foucaults zu einer -diskursiven Formation- werden lasst. Die auf diese Weise vorgefuhrte Erfahrungsform von Welt und Natur steht zu dem neuzeitlich-technischen Verfugungswissen in einer historischen Diskontinuitat.".

Bernard Freydberg’s recent work is a careful and compact study of David Hume’s signature texts: An Enquiry Concerning Human Understanding (1748), An Enquiry Concerning Principles of Morals (1751), and “Of the Standard of Taste” (1757). Contrary to traditional epistemological readings that comfortably situate Hume as an empiricist naturalist, Freydberg argues that he is better understood as a profound thinker of imagination and Socratic ignorance. Hume’s figurative and Platonic argumentation varies in each text, but Freydberg makes a convincing case that his (...) theoretical, moral, and aesthetic philosophies share a proto-phenomenological center in the artistry of human nature and perception. (shrink)

This article proposes a way of understanding Kantianism, act-utilitarianism and some other important ethical theories according to which they are all versions of the same kind of theory, sharing a common structure. I argue that this is a profitable way to understand the theories discussed. It is charitable to the theories concerned; it emphasizes the common ground between them; it gives us insights into the differences between them; and it provides a method for generating new ethical theories worth studying. The (...) article briefly discusses the relationship between these ideas and some other recent proposals that emphasize the common ground between Kantianism and versions of consequentialism. (shrink)

This paper examines the idea of an extended unit of action, which is the idea that the reasons for or against an individual action can depend on the qualities of a larger pattern of action of which it is a part. One concept of joint action is that the unit of action can be extended in this sense. But the idea of an extended unit of action is surprisingly minimal in its commitments. The paper argues for this conclusion by examining (...) uses of the idea of an extended unit of action in four theoretical contexts. It also explains why the idea of an extended unit of action need not involve magical thinking, and discusses possible replies to an objection based on a worry about recklessness. (shrink)

Are we witnessing progress or regress in the recent increasing popularity and electoral success of populist politicians and parties in consolidated democratic nations? ... Is the innovative use of popular referendum in Great Britain to settle fundamental constitutional questions a progressive or regressive innovation? ... Similarly, is the increasing use of constituent assemblies to change constitutions across the world evidence of progress in democratic constitutionalism, or, a worryingly regressive change back toward unmediated popular majoritarianism? ... This paper reflects on some (...) of the perils and promise of framing such questions with the conceptual couplet of progress and regress. It considers four compelling critiques of the use of ‘progress’ and its cognates in sociopolitical theory, as well as arguing that such concepts are nevertheless ineliminable for our normative theories. The paper concludes by suggesting that we can avoid the most serious problems by employing only conceptions of political progress and regress that are piecemeal, pragmatic, and processual. (shrink)

The issue of genetic inheritance, and particularly the contradictory rights of donors, recipients and donor offspring as to the disclosure of donor identities, is ethically complicated. Donors, donor offspring and parents of donor offspring may appeal to individual rights for confidentiality or disclosure within legal systems based on liberal rights discourse. This paper explores the ethical issues of non-disclosure of genetic inheritance by contrasting two principle models used to articulate the problem—liberal and communitarian ethical models. It argues that whilst the (...) latter provides a more constructive avenue to providing an ethics for donation than the competing and contradictory positions represented in a liberal rights approach, it raises issues of ethical judgement and authority that remain problematic. This ethical discussion is supported by a field study, funded by the Wellcome Trust, exploring the perceptions and experiences of recipients of donor sperm and their partners towards donor anonymity. The field study provides the empirical basis of an argument for making ethical judgements on the grounds of the community good rather than individual rights, that nevertheless recognises that both are inherently problematic. (shrink)

Our reception of Hegel’s theory of action faces a fundamental difficulty: on the one hand, that theory is quite clearly embedded in a social theory of modern life, but on the other hand most of the features of the society that gave that embedding its specific content have become almost inscrutably strange to us (e.g., the estates and the monarchy). Thus we find ourselves in the awkward position of stressing the theory’s sociality even as we scramble backwards to distance ourselves (...) from the particular social institutions that gave conceptualized form to such sociality in Hegel’s own opinion. My attempt in this article is to make our position less awkward by giving us at least one social-ontological leg to stand on. Specifically, I want to defend a principled and conceptual pluralism as forming the heart of Hegel’s theory of action. If this view can be made out, then we will have a social-ontological structure that might be filled out in different ways in Hegel’s time and our own while simultaneously giving real teeth to the notion that Hegel’s theory of action is essentially social. (shrink)

Philosophy and Contemporary Issues contains contemporary readings of philosophical significance designed to introduce philosophy to college and university students. The authors' goal is to demonstrate how philosophy illuminates and helps solve some of the important problems facing contemporary man. This edition contains additional readings.

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized moral-political reasons (...) on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)