New brain-computer interface and neuroimaging techniques are making differentiation less ambiguous and more accurate between unresponsive wakefulness syndrome patients and patients with higher cognitive function and awareness. As research into these areas continues to progress, new ethical issues will face physicians of patients suffering from total locked-in syndrome, characterized by complete loss of voluntary muscle control, with retention of cognitive function and awareness detectable only with neuroimaging and brain-computer interfaces. Physicians, researchers, ethicists and hospital ethics committees should be aware of (...) and prepared to handle ethical issues unique to these totally locked-in patients. Several thought experiments are discussed, to highlight potential ethical dilemmas surrounding surrogate decision-making, autonomy, end-of-life care, and pediatric care, which will be unique to total LIS patients. These, along with other ethical problems especially relevant to total LIS patients, merit further discussion among physicians, researchers, ethicists and hospital ethics committees, to facilitate consensus regarding these issues, and improve patient care. (shrink)

Frigg and Reiss (2009) argue that philosophical problems in simulation bear enough resemblance to recognized issues in the philosophy of modeling that they only pose challenges analogous to those found in standard analytic models used to represent natural systems. They suggest that there are no new philosophical problems in computer simulation modeling beyond those found in traditional mathematical modeling. Winsberg (2009) has countered that there appear to be genuinely new epistemological problems in simulation modeling because the knowledge obtained from them (...) is ‘downward, motley, and autonomous.’ Here I draw out some specific ways that these epistemological problems are manifest in complex ecological simulation, especially in agent-based models. These models contain novel features that were impossible to anticipate prior to the computer revolution, and continue to present difficulties and challenges of both a practical and philosophical nature (Humphreys 2002). (shrink)

Computer simulation has become important in ecological modeling, but there have been few assessments on how complex simulation models differ from more traditional analytic models. In Part I of this paper, I review the challenges faced in complex ecological modeling and how models have been used to gain theoretical purchase for understanding natural systems. I compare the use of traditional analytic simulation models and point how that the two methods require different kinds of practical engagement. I examine a case study (...) of three models from the insect resistance literature in transgenic crops to illustrate and explore differences in analytic and computer simulation models. I argue that analyzing simulation models has been often inappropriately managed with expectations derived from handling analytic models. In Part II, I look at simulation as a hermeneutic practice. I argue that simulation models are a practice or techné. I the explore five aspects of philosophical hermeneutics that may be useful in complex ecological simulation: (1) an openness to multiple perspectives allowing multiple levels of scientific pluralism, (2) the hermeneutic circle, a back and forth in active communication among both modelers and ecologists; (3) the recognition of human factors and the nature of human practices as such, including recognizing the role of judgments and choices in the modeling enterprise; (4) the importance of play in modeling; (5) the non-closed nature of hermeneutic engagement, continued dialogue, and recognizing the situatedness, incompleteness, and tentative nature of simulation models. (shrink)

Understanding ecological boundaries is recognized by ecologists as important for understanding ecosystem dynamics. All borders are borders in relation to some organism. However, much of the literature on habitat change ignores this basic ecological fact. In addition, borders are highly influenced by accidental or historical features of ecosystems, and researchers have in many cases defined them only in terms of convenience. Several viewpoints explored in this article reflect this skepticism about identifying ecosystems as real structured entities. I draw on Ghiselin’s (...) hypothesis that species are not natural kinds but individuals, to develop a relational approach to ecological boundaries. I argue that with regard to ecology a border is always a border for a specific organism, and is a border in a specific manner for that organism. I draw on studies of two species of tsetse fly found in the Mauhoun river basin in Burkina Faso to illustrate why this relational approach is important. This approach may also help identify weaknesses in conservation efforts that have not properly asked the question, “Boundary for what?”. (shrink)

Recent events and advances address the possibility of cloning endangered and extinct species. The ethics of these types of cloning have special considerations, uniquely different from the types of cloning commonly practiced. Cloning of cheetahs may be ethically appropriate, given certain constraints. However, the ethics of cloning extinct species varies; for example, cloning mammoths and Neanderthals is more ethically problematic than conservation cloning, and requires more attention. Cloning Neanderthals in particular is likely unethical and such a project should not be (...) undertaken. It is important to discuss and plan for the constraints necessary to mitigate the harms of conservation and extinct cloning, and it is imperative that scientific and public discourse enlighten and guide actions in the sphere of cloning. (shrink)

In this essay I discuss the ways in which not recognizing that the death of organisms plays a part in our food producing systems, distances us from life’s ecological processes and explore how this plays a role in devaluing the sources of our food. I argue that modern society’s deep separation from our agricultural systems play a part in our current ecological illiteracy.

This paper explores Wittgenstein’s early work as it relates to emerging philosophical problems in ecological modeling. Here I use his thought to structure a logical framework from which to discuss ecological simulation models in a way that captures how these dynamic representations describe a world from which we can draw logical inferences about real-world ecological processes. I argue that Wittgenstein’s Tractatus Logico-Philosophicus provides a way of reading problems that arise in using simulation as a way to make inferences about the (...) world. Conversely, ecological simulation provides an illustration of a Tractarian system, because the digital world it creates completely describes and is defined by the programing language. This reading is a novel, but productive, way that notes that the language used in modeling requires a hermeneutical approach to make inferences about modeling/real-world relationships. (shrink)

Life is a relationship among various kinds of agents interacting at different scales in ways that are multifarious, complex, and emergent. Life is always a part of an ecological embedding in communities of interaction, which in turn structure and influence how life evolves. Evolution is essential for understanding life and biodiversity. Henri Bergson's Creative Evolution suggests a way of examining “tendencies” without “teleology.” In this paper I reexamine that work in light of recent concepts in evolutionary ecology, and explore how (...) agential aspects of life are essential for understanding how emergence provides a basis for a process-based metaphysics of life. In support of this project, I will explore how the major transitions of life on Earth have proceeded through increasing levels of cooperation among agents (e.g., mitochondria in animal cells forming a mutualistic relationship), which have allowed further emergences and complexity to evolve. This complexity always, however, emerges in the context of ecological relationships and a nonteleological evolutionary process. Yet, while nonteleological, the progression of life thus far on this planet seems to hold the promise of certain tendencies that seem inherent in life itself. (shrink)

Materialists argue that there is no place for God in the universe. Chance and contingency are all that structure our world. However, the materialists’ dismissal of subjectivity manifests a flawed metaphysics that invalidates their arguments against God. In this essay I explore the following: (1) How does personal metaphysics affect one's ability to do science? (2) Are the materialist arguments about contingency used to dismiss the importance of our place in the universe valid? (3) What are the implications of subjectivity (...) on belief and science? To answer the first question, I examine the later years of Sir Alfred Russel Wallace, one of the cofounders of evolution through natural selection with Darwin. His belief in nineteenth–century spiritualism profoundly affected his standing in the scientific community. I describe the effect of spiritualism on Wallace's science. To answer the second question, I use my own work in mathematical modeling of evolutionary processes to show that randomness, and contingency at one level, can actually be nearly deterministic at another. I demonstrate how arguments about chance and contingency do not imply anything relevant about whether there is a designer behind the universe. To answer the third question I begin by exploring a paradox of consciousness and show how the existence of subjective truths may provide a paradigm for sustaining a rational belief in God. These questions form the framework of a structured belief in a creator while yet embracing what science has to offer about the development of life on our planet. (shrink)

Early 20th century philosopher Henri Bergson posited an initial push that propelled the diversity of life forward into a varied, novel future: The élan vital, a necessary force or impulse that animated life’s progress and development. His idea had largely been abandoned by mid-century. Even so, much of the conceptual and explanatory work this impulse targeted is yet in want of an explanation. In particular, Bergson’s derelict ideas on evolution addressed three areas that have once again become relevant in the (...) effort to unite evolutionary genetics, biological development, and ecological context : the purposeful nature of individual organisms and their parts; the integrative, holistic, non-linear emergent dynamics seen in evolutionary processes; and how genuine novelty emerges into the universe :422, 2016; Simondon et al. in On the mode of existence of technical objects. Univocal series, Univocal Publishing LLC, Minneapolis, 2017; Bang, in: Winther-Lindqvist, Bang, Valsiner Nothingness: philosophical insights into psychology, Transaction Publishers, Somerset, 2016; Moreno and Mossio in Biological autonomy: a philosophical and theoretical enquiry. History, philosophy and theory of the life sciences, Springer, Dordrecht, 2015). In this paper I argue that Bergson’s ideas may yet be relevant to these questions, and his work warrants a reexamination in light of current problems in evolutionary biology. This is not a call to ‘return’ to Bergson, nevertheless his notions about complexity suggest ways of looking at current biological problems in ways that offer a heuristic insight worth entertaining. Bergson’s Nobel Prize-winning book, Creative Evolution, provided a strikingly prescient early 20th century framework for understanding how Darwinian evolution acts as an engine for generating new forms, University Press of America, Lanham, Bergson 1911). (shrink)

The colonization of a new planet will inevitably bring about new bioethical issues. One is the possibility of pregnancy during the mission. During the journey to the target planet or moon, and for the first couple of years before a colony has been established and the colony has been accommodated for children, a pregnancy would jeopardize the safety of the crew and the wellbeing of the child. The principal concern with a pregnancy during an interplanetary mission is that it could (...) put the entire crew in danger. Resources such as air, food, and medical supplies will be limited and calculated to keep the crew members alive. We explore the bioethical concerns of near-future space travel. (shrink)

Over time, how does a company's corporate social performance (CSP) as reflected through different stakeholders' views of the company (corporate reputation or CR) vary between a financial stakeholder group and a customer stakeholder group? The purpose of this research is to extend our previous work in the area of CSP profiling. So far, we have only applied the method to two companies in each of three industries for one year. This paper will focus on extending the application to the five (...) to eight companies in each of nine leading industries across a three year time span. The results will provide a much deeper data base leading to more rigorous measurement and analysis of CSP. (shrink)

Various considerations are adduced toshow that we require that a testifier know hertestimony. Such a requirement apparentlyimproves testimony. It is argued that the aimof improving testimony explains why we have anduse our concept of knowledge. If we were tointroduce a term of praise for testimony, usingit at first to praise testimony that apparentlyhelped us in our practical projects, it wouldcome to be used as we now use the word``know''.

Adequate epistemic justification is best conceived as the appearance, over time, of knowledge to the subject. ‘Appearance’ is intended literally, not as a synonym for belief. It is argued through consideration of examples that this account gets the extension of ‘adequately justified belief’ at least roughly correct. A more theoretical reason is then offered to regard justification as the appearance of knowledge: If we have a knowledge norm for assertion, we do our best to comply with this norm when we (...) express as assertions only beliefs that appear to us to be knowledge. If we are doing our best, there is little point in further sanctions. So a norm of knowledge for assertion would lead to a secondary norm of justified belief as the appearance of knowledge, marking a point at which our assertions may be corrected but should not be blamed. (shrink)

Cognitive science is transforming our understanding of the mind. New discoveries are changing how we comprehend not just language, but thought itself. Yet, surprisingly little of the new learning has penetrated discussions and analysis of the most important social institution affecting our lives-the law. Drawing on work in philosophy, psychology, anthropology, linguistics, and literary theory, Steven L. Winter has created nothing less than a tour de force of interdisciplinary analysis. A Clearing in the Forest rests on the simple notion (...) that the better we understand the workings of the mind, the better we will understand all its products-especially law. Legal studies today focus on analytic skills and grand normative theories. But, to understand how real-world, legal actors reason and decide, we need a different set of tools. Cognitive science provides those tools, opening a window on the imaginative, yet orderly mental processes that animate thinking and decisionmaking among lawyers, judges, and lay persons alike. Recent findings about how humans actually categorize and reason make it possible to explain legal reasoning in new, more cogent, more productive ways. A Clearing in the Forest is a compelling meditation on both how the law works and what it all means. In uncovering the irrepressibly imaginative, creative quality of human reason, Winter shows how what we are learning about the mind changes not only our understanding of law, but ultimately of ourselves. He charts a unique course to understanding the world we inhabit, showing us the way to the clearing in the forest. (shrink)

Between 300,000 and 250,000 years ago early humans in Africa and Eurasia began to use durable material substances and objects as media for signaling. Initially material signals were confined to ochre and other pigments, but over time objects such as beads were also added as technologies for sending messages. Changes in the types of materials used, their durability and costs, and the contexts of their disposal indicate a series of transitions in how early humans employed signaling media. Signaling theory from (...) biology suggests that shifts in technologies over the course of the Pleistocene reflect problems in coordinating action and resolving conflicts within increasingly large and internally differentiated societies. (shrink)

Based on his theory of animalrights, Regan concludes that humans are morallyobligated to consume a vegetarian or vegandiet. When it was pointed out to him that evena vegan diet results in the loss of manyanimals of the field, he said that while thatmay be true, we are still obligated to consumea vegetarian/vegan diet because in total itwould cause the least harm to animals (LeastHarm Principle, or LHP) as compared to currentagriculture. But is that conclusion valid? Isit possible that some other (...) agriculturalproduction alternatives may result in leastharm to animals? An examination of thisquestion shows that the LHP may actually bebetter served using food production systemsthat include both plant-based agriculture and aforage-ruminant-based agriculture as comparedto a strict plant-based (vegan) system. Perhapswe are morally obligated to consume a dietcontaining both plants and ruminant(particularly cattle) animal products. (shrink)

Of the various loci of systematic theology that call for sustained philosophical investigation, the doctrine of sanctification stands out as a prime candidate. In response to that call, William Alston developed three models of the sanctifying work of the Holy Spirit: the fiat model, the interpersonal model, and the sharing model. In response to Alston’s argument for the sharing model, this paper offers grounds for a reconsideration of the interpersonal model. We close with a discussion of some of the implications (...) of one’s understanding of the transforming work of the Holy Spirit for practical Christian spirituality. (shrink)

Non-propositional experiences can help justify beliefs, contrary to recent claims made by Donald Davidson and Laurence Bonjour. It is argued that a perceptual belief is justified if there are no undermining beliefs and it was arrived at in response to an experience through an adequate exercise of properly learned recognitional skills.

Abstract. The Western conception of the individual as a rational, self-directing agent is a mythology that organizes and distorts religion, science, economics, and politics. It produces an abstracted and atomized form of engagement that is fatal to collective self-governance. And it turns democracy into the enemy of equality. Considering the meaning of democracy and autonomy from a perspective that takes the subject as truly social would refocus our attention on the constitutive contexts and practices necessary for the production of citizens (...) who are capable of meaningful self-governance. Under modern conditions, it is in the development of sexual autonomy that we learn how to take initiative with respect to our well-being and do so in concert with others. Where the view of rational agency as the defining characteristic of humanity yields a deracinated view of autonomy, a more realistic, humanistic view that we are, necessarily, social beings yields a view of freedom and self-governance as social phenomena that require empathy, negotiation, compromise, cooperation, and mutual recognition and respect. (shrink)

This study examines the conditions under which apologies help to elicit forgiveness and restore trust following trust violations between leaders and followers. The intentionality and severity of violations are examined in a critical incident study and a laboratory study. The results support a model in which forgiveness mediates the relation of apology quality and trust. More importantly, the moderation–mediation model shows that apology quality influenced forgiveness and subsequent trust following violations that were moderate in severity–intentionality combination. The effect of apologizing (...) affects trust directly without forgiveness when the severity–intentionality combination held minor or extreme intensity. The results suggest a range in which apologies are effective and enrich understanding of the conditions under which trust can be recovered through an apology–forgiveness process in leader–follower relationships. The contribution of the study lies in elucidating that the combination of severity and intentionality of leaders’ trust violations has greater importance than either one separately. (shrink)

The self-interest paradigm predicts that unethical behavior occurs when such behavior benefits the actor. A recent model of lying behavior, however, predicts that lying behavior results from an individual''s inability to meet conflicting role demands. The need to reconcile the self-interest and role conflict theories prompted the present study, which orthogonally manipulated the benefit from lying and the conflicting role demands. A model integrating the two theories predicts the results, which showed that both elements — self benefit and role conflict (...) — influenced lying, separately and interactively. Additionally, the relative strength of the roles in conflict affected their level of influence. Theoretical and practical implications are discussed. (shrink)

Imagining that I am Napoleon is not (normally) imagining an impossibility. It is (or at least may be) just adopting a first person way of imagining Napoleon. The images and bits of narrative using 'I' are intended to refer to Napoleon and his surroundings, in something like the way that a salt shaker can stand for a regiment of troops when the general says "This is the third regiment' while explaining his plans at the breakfast table.

Throughout the twentieth century, women's magazines in the United States have socialized their readers to the “proper” expression of love and anger in marriage. Our analysis of a random sample of marital advice articles from 1900 to 1979 examines this cultural convergence of gender, marriage, and emotion. A qualitative analysis identifies techniques for socializing readers to the emotional culture of marriage and shows a historical change toward equating love with self-fulfillment and advocating the expression of anger. A quantitative analysis then (...) specifies the timing of changes in emotion norms and showed an oscillation between modern and traditional norms that is related to waves of political liberation versus oppression. We discuss the relation between emotion norms and behavior and explore the effect of group conflict on the production of emotional culture. Emotion norms have become less rigid and more tolerant of diversity; but gender differences persist, and women are still responsible for maintaining intimate relationships. Historical trends in love and anger norms are nonlinear, not a continuous shift toward individualism, self-development, and free expression, as suggested by recent cultural theories. (shrink)

This paper discusses Plato’s question from the Meno : Why should we prefer knowledge that p over mere true belief that p? I find I just do prefer knowledge, and not for any further benefit that I am aware of in the particular case. But I should have that preference, because given our practice of approving of testimony only if uttered with knowledge, I could fail to prefer knowledge, when other things seem to me to be equal, only by having (...) the sorts of serious social or psychological defects that would make me unresponsive to the approval of others. Finally, the social practice that produces this particular preference is good for all of us because it improves the average quality of the testimony we receive, which results in greater success in our projects. (shrink)

Against various detractors , this book develops a foundationalist theory of epistemic justification. In contrast with Laurence BonJour and borrowing from John McDowell, the essential argument is that conceptualized perpetual experience provides a non-doxastic foundation for perceptual beliefs about physical objects.

This paper is a philosophical defense of the doctrine of penal substitution. I begin with a delineation of Richard Swinburne’s satisfaction-type theory of the atonement, exposing a weakness of it which motivates a renewed look at the theory of penal substitution. In explicating a theory of penal substitution, I contend that: (i) the execution of retributive punishment is morally justified in certain cases of deliberate wrongdoing; (ii) deliberate human sin against God constitutes such a case; and (iii) the transfer of (...) the retributive punishment due sinners to Christ is morally coherent. Whatever else might be said for and against such a conception of the doctrine of the atonement, the plausibility of the theory presented here should give us pause in the often hasty rejection of the doctrine of penal substitution. (shrink)

This paper attempts to give an experiential explanation of the phenomenon of immunity to error through misidentification in some of our judgments about ourselves. The main idea is that in most of these judgments we respond to the type of presentation -- e.g., proprioceptive -- and not to presented properties of the perceived object.

A recent account of the meaning of 'real' leads to a view of what anti-realism should be that resembles fictionalism, while not being committed to fictionalism as such or being subject to some of the more obvious objections to that view. This account of anti-realism explains how we might 'make up' what is true in areas such as mathematics or ethics, and yet these made-up truths are resistant to alterations, even by our collective decisions. Finally it is argued that the (...) sort of anti-realism suggested explains the appearance that the ethical domain supervenes on the naturalistic. (shrink)

Beads and other ‘body ornaments’ are very widespread components of the archaeological record of early modern humans (Homo sapiens). They appear first in the Middle Stone Age in Africa, and somewhat later in the Early Upper Paleolithic of Eurasia. The manufacture and use of ornaments is widely considered to be evidence for significant developments in human cognition. In our view, the appearance of these objects represents the interaction of evolved cognitive capacities with changing social and demographic conditions. Body ornamentation is (...) a medium or technology for communication, particularly of socially-relevant information. The widespread adoption of beads and other discrete objects as media for communication implies changes in the complexity and stability of social messages, as well as the scale of social networks. The relatively sudden appearance of beads in the Paleolithic archaeological record coincides with genetic and archaeological evidence for expansion of human populations. We argue that these changes reflect expanding scales of social interaction and more complex social landscapes resulting from unprecedentedly large and internally differentiated human populations. (shrink)

In an attempt to revive discussion of the argument from illusion this paper amends the classic version of the argument to avoid Austin's main objection. It then develops and defends a version of the intentional object reply to the argument, arguing that an "unendorsed story" account of reports of dreams and hallucinations avoids commitment to nonexistent objects.

Truth is an ethical relation. Facts, whether descriptions of the physical world or of historical events, are necessarily mediated by our frames of reference. This contingency opens a space for disagreement that cannot be adjudicated by an absolute standard of truth. For those seeking power or profit, the temptation to exploit this state of undecidability is strong. When many question the institutions that broker meaning – science, the professions, the media – rumors, misinformation, deliberate distortions and falsehoods all proliferate. In (...) the digital age, the ‘made’ is swiftly supplanted by the made-up. The remedy for this predicament is not technological or factual, but ethical and social. The normative resources for this project lie in our everyday ethic of communication and in the ideal of democracy as shared authority. Whether we can address this predicament effectively is uncertain. But the nature of the problem is clear: It is not that we live in a ‘post-truth’ age, but rather that we are facing a crisis of democratic society as such. It is not so much that we lost sight of truth, as that we have lost sight of one another. (shrink)

The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It (...) contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions are implemented, functions as one of the central social practices that constitute citizens as equals and addresses the question of how to ensure that government by the people operates for the people. The rule of law has many independently valuable qualities, including impartiality and predictability. But, to valorise the rule of law for its own sake is to fetishize authority. The fundamental values of the rule of law are as the instrument of democratic self-governance and the expression of the equal dignity of all persons. Democracy thus entails the rule of law, but both implicate the yet more comprehensive ideal of equality. Core rule-of-law values require political norms and conditions of equality, generality and comprehensiveness. In a modern, differentiated society, however, the constitutive relation between democracy and the rule of law is fractured and law becomes the agent of authority. Courts in the modern constitutional state have contributed to the decline of rule-of-law values, supporting role specialization through judge-made immunity doctrines that protect officials at all levels. The crisis of police violence against minorities is a symptom of this breakdown. Greater accountability can ameliorate the problem. But an effective solution requires the fair and equal distribution of political power. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 5, Page 655-673, June 2022. The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule (...) of law is simultaneously before, after, concurrent and synonymous with democracy: It contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions are implemented, functions as one of the central social practices that constitute citizens as equals and addresses the question of how to ensure that government by the people operates for the people. The rule of law has many independently valuable qualities, including impartiality and predictability. But, to valorise the rule of law for its own sake is to fetishize authority. The fundamental values of the rule of law are as the instrument of democratic self-governance and the expression of the equal dignity of all persons. Democracy thus entails the rule of law, but both implicate the yet more comprehensive ideal of equality. Core rule-of-law values require political norms and conditions of equality, generality and comprehensiveness. In a modern, differentiated society, however, the constitutive relation between democracy and the rule of law is fractured and law becomes the agent of authority. Courts in the modern constitutional state have contributed to the decline of rule-of-law values, supporting role specialization through judge-made immunity doctrines that protect officials at all levels. The crisis of police violence against minorities is a symptom of this breakdown. Greater accountability can ameliorate the problem. But an effective solution requires the fair and equal distribution of political power. (shrink)

The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It (...) contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions are implemented, functions as one of the central social practices that constitute citizens as equals and addresses the question of how to ensure that government by the people operates for the people. The rule of law has many independently valuable qualities, including impartiality and predictability. But, to valorise the rule of law for its own sake is to fetishize authority. The fundamental values of the rule of law are as the instrument of democratic self-governance and the expression of the equal dignity of all persons. Democracy thus entails the rule of law, but both implicate the yet more comprehensive ideal of equality. Core rule-of-law values require political norms and conditions of equality, generality and comprehensiveness. In a modern, differentiated society, however, the constitutive relation between democracy and the rule of law is fractured and law becomes the agent of authority. Courts in the modern constitutional state have contributed to the decline of rule-of-law values, supporting role specialization through judge-made immunity doctrines that protect officials at all levels. The crisis of police violence against minorities is a symptom of this breakdown. Greater accountability can ameliorate the problem. But an effective solution requires the fair and equal distribution of political power. (shrink)

The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It (...) contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions are implemented, functions as one of the central social practices that constitute citizens as equals and addresses the question of how to ensure that government by the people operates for the people. The rule of law has many independently valuable qualities, including impartiality and predictability. But, to valorise the rule of law for its own sake is to fetishize authority. The fundamental values of the rule of law are as the instrument of democratic self-governance and the expression of the equal dignity of all persons. Democracy thus entails the rule of law, but both implicate the yet more comprehensive ideal of equality. Core rule-of-law values require political norms and conditions of equality, generality and comprehensiveness. In a modern, differentiated society, however, the constitutive relation between democracy and the rule of law is fractured and law becomes the agent of authority. Courts in the modern constitutional state have contributed to the decline of rule-of-law values, supporting role specialization through judge-made immunity doctrines that protect officials at all levels. The crisis of police violence against minorities is a symptom of this breakdown. Greater accountability can ameliorate the problem. But an effective solution requires the fair and equal distribution of political power. (shrink)

The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It (...) contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions are implemented, functions as one of the central social practices that constitute citizens as equals and addresses the question of how to ensure that government by the people operates for the people. The rule of law has many independently valuable qualities, including impartiality and predictability. But, to valorise the rule of law for its own sake is to fetishize authority. The fundamental values of the rule of law are as the instrument of democratic self-governance and the expression of the equal dignity of all persons. Democracy thus entails the rule of law, but both implicate the yet more comprehensive ideal of equality. Core rule-of-law values require political norms and conditions of equality, generality and comprehensiveness. In a modern, differentiated society, however, the constitutive relation between democracy and the rule of law is fractured and law becomes the agent of authority. Courts in the modern constitutional state have contributed to the decline of rule-of-law values, supporting role specialization through judge-made immunity doctrines that protect officials at all levels. The crisis of police violence against minorities is a symptom of this breakdown. Greater accountability can ameliorate the problem. But an effective solution requires the fair and equal distribution of political power. (shrink)