This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other (...) hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law. (shrink)

As current events around the world have illustrated, epistemological issues are at the center of our political lives. It has become increasingly difficult to discern legitimate sources of evidence, misinformation spreads faster than ever, and the role of truth in politics has allegedly decayed in recent years. It is therefore no coincidence that political discourse is currently saturated with epistemic notions like ‘post-truth,’ ‘fake news,’ ‘truth decay,’ ‘echo chambers,’ and ‘alternative facts.’ This book brings together leading philosophers to explore ways (...) in which the analytic and conceptual tools of epistemology bear on political philosophy, and vice versa. It is organized around three broad themes: truth and knowledge in politics; epistemic problems for democracy; and disagreement and polarization. The authors provide new and rich insights on topics such as: propaganda, fake news, weaponized skepticism, belief polarization, political disagreement, the epistemic value of democracy, voter ignorance, irrationality in politics, political bullshit, and identity politics. (shrink)

Intractable political disagreements threaten to fracture the common ground upon which we can build a political community. The deepening divisions in society are partly fueled by the ways social media has shaped political engagement. Social media allows us to sort ourselves into increasingly likeminded groups, consume information from different sources, and end up in polarized and insular echo chambers. To solve this, many argue for various ways of cultivating more responsible epistemic agency. This chapter argues that this epistemic lens does (...) not reveal the complete picture and therefore misses a form of moral respect required to reestablish cooperation across disagreements in a divided society. The breakdown of discourse online provides renewed reasons to draw out not an epistemic but a moral basis for political cooperation among diverse citizens—one inspired by Rawlsian political liberalism. We need ways to cultivate mutual respect for our fellow citizens in order to reestablish common moral ground for political debate. (shrink)

As algorithms have become ubiquitous in consequential domains, societal concerns about the potential for discriminatory outcomes have prompted urgent calls to address algorithmic bias. In response, a rich literature across computer science, law, and ethics is rapidly proliferating to advance approaches to designing fair algorithms. Yet computer scientists, legal scholars, and ethicists are often not speaking the same language when using the term ‘bias.’ Debates concerning whether society can or should tackle the problem of algorithmic bias are hampered by conflations (...) of various understandings of bias, ranging from neutral deviations from a standard to morally problematic instances of injustice due to prejudice, discrimination, and disparate treatment. This terminological confusion impedes efforts to address clear cases of discrimination. -/- In this paper, we examine the promises and challenges of different approaches to disambiguating bias and designing for justice. While both approaches aid in understanding and addressing clear algorithmic harms, we argue that they also risk being leveraged in ways that ultimately deflect accountability from those building and deploying these systems. Applying this analysis to recent examples of generative AI, our argument highlights unseen dangers in current methods of evaluating algorithmic bias and points to ways to redirect approaches to addressing bias in generative AI at its early stages in ways that can more robustly meet the demands of justice. (shrink)

In this position paper, we introduce a new epistemic lens for analyzing algorithmic harm. We argue that the epistemic lens we propose herein has two key contributions to help reframe and address some of the assumptions underlying inquiries into algorithmic fairness. First, we argue that using the framework of epistemic injustice helps to identify the root causes of harms currently framed as instances of representational harm. We suggest that the epistemic lens offers a theoretical foundation for expanding approaches to algorithmic (...) fairness in order to address a wider range of harms not recognized by existing technical or legal definitions. Second, we argue that the epistemic lens helps to identify the epistemic goals of inquiries into algorithmic fairness. There are two distinct contexts within which we examine algorithmic harm: at times, we seek to understand and describe the world as it is, and, at other times, we seek to build a more just future. The epistemic lens can serve to direct our attention to the epistemic frameworks that shape our interpretations of the world as it is and the ways we envision possible futures. Clarity with respect to which epistemic context is relevant in a given inquiry can further help inform choices among the different ways of measuring and addressing algorithmic harms. We introduce this framework with the goal of initiating new research directions bridging philosophical, legal, and technical approaches to understanding and mitigating algorithmic harms. (shrink)

This chapter brings together debates in political philosophy and epistemology over what we should do when we disagree. While it might be tempting to think that we can apply one debate to the other, there are significant differences that may threaten this project. The specification of who qualifies as a civic or epistemic peer are not coextensive, utilizing different idealizations in denoting peerhood. In addition, the scope of disagreements that are relevant vary according to whether the methodology chosen falls within (...) ideal theory or nonideal theory. Finally, the two literatures focus on different units of analysis that diverge according to the philosophical purpose behind their investigation of disagreement. Epistemologists analyze the rationality of individuals’ belief states whereas political philosophers focus on the just governance of a diverse society. Despite these differences, political epistemologists can learn valuable lessons by considering these debates side by side in order to provide insights that address a host of different challenges posed by political disagreement. The core lesson to draw from the disanalogies outlined in this paper is that to make progress, careful attention should be paid to specifying the goal of any particular project within political epistemology. (shrink)

John Rawls pinpoints stability as the driving force behind many of the changes to justice as fairness from A Theory of Justice to Political Liberalism. Current debates about Rawlsian stability have centered on the possibility of maintaining one’s allegiance to the principles of justice while largely ignoring how citizens acquire a sense of justice. However, evaluating the account of stability in political liberalism requires attention to the impact of reasonable pluralism on both of these issues. I will argue that the (...) first question of Rawlsian stability – how a child acquires a sense of justice – remains unanswered in Political Liberalism. This fact has been overlooked by Rawls, his defenders, and his critics. The failure to attend to the ways reasonable pluralism undermines Rawls’s own story about a child’s moral development ultimately threatens Rawls’s account of stability in political liberalism – or so I will argue. Despite all of the changes Rawls makes to justice as fairness in order to resolve the stability challenge, Political Liberalism fails to deliver the robust stability Rawls seeks. (shrink)

In this chapter, I consider the problem children, conceived of as future citizens, pose to understanding the scope and limits of Rawls’s Political Liberalism by focusing on the civic education of children. Can a politically liberal state provide all children the opportunity to become reasonable citizens? Or does the cultivation of reasonableness require comprehensive liberalism? I show that educating children to become reasonable in the way Rawls outlines imposes a demanding requirement that conflicts with Rawls’s aim of including a wide (...) constituency in the scope of political liberalism. Rawls’s aim of making reasonableness broadly inclusive for political purposes is in tension with his goal of using reasonableness as the standard that delineates the scope of liberal legitimacy. I argue that political liberalism can and should try to cultivate the reasonableness of its future citizens through the civic education of children. However, a defensible version of political liberal civic education requires introducing a bifurcation within Rawls’s conception of reasonableness. A political liberal form of civic education should aim towards the inclusive scope of reasonableness by cultivating reasonableness in only two of what appear to be three senses that Rawls emphasizes. Teaching children that legitimacy requires embracing public reason demands more than may be justifiably required by a state that seeks to be broadly inclusive. (shrink)

We will argue that clarifying the “moral core” of consent offers a common metric by which we can evaluate how well different legal frameworks are able to protect the central moral rights and interests at stake. We begin by revisiting how legal frameworks for digital consent developed in order to see where there may be common moral ground and where these different cultures diverge on the issue of protection of personal information. We then turn to ethics to clarify the central (...) interests and rights at stake in morally transformative consent, in order to provide a common basis for evaluating the different legal frameworks. Ultimately, we seek the moral core of digital consent in order to reimagine its role in international conflicts. (shrink)

Debates about how to incorporate the severely cognitively disabled into liberal theory typically focus on John Rawls’s assumption that citizens choosing the principles of justice should be understood as full social cooperators. In this paper, we argue that social cooperation is not the fundamental barrier to the inclusion of the severely cognitively disabled. We argue that these persons are excluded from the entire project of liberal legitimacy in virtue of the apparent inability of a severely cognitively disabled person to understand (...) and evaluate the legitimacy of political principles for herself. Severely cognitively disabled persons lack a kind of access to political principles that is crucial, according to liberal theory, for political principles to be legitimate to someone, and not simply for someone. (shrink)

As a normative concept, consent can perform the “moral magic” of transforming the moral relationship between two parties, rendering permissible otherwise impermissible actions. Yet, as a governance mechanism for achieving ethical data practices, consent has become strained—and AI has played no small part in its contentious state. In this chapter we will describe how consent has become such a controversial component of data protection as artificial intelligence systems have proliferated in our everyday lives, highlighting five distinct issues. We will then (...) lay out what we call consent’s “moral core,” which emphasizes five elements for meaningful consent. We next apply the moral core to AI systems, finding meaningful consent viable within a particular digital landscape. Finally, we discuss the forces driving some commentators away from individual consent and whether meaningful consent has a future in a smart world. (shrink)

RésuméLes soins sont cruciaux pour toute société ; cependant, les théories de la justice les ignorent souvent dans leur analyse. La théorie d'Asha Bhandary sur la prise en charge libérale de la dépendance cherche autant à rectifier l'invisibilité des soins qu’à défendre les principes de justice concernant les modalités de soins en revendiquant plusieurs modifications importantes à la théorie de la justice de John Rawls. Dans cet article, j'analyse les modifications de Bhandary à la théorie de Rawls pour examiner comment (...) la prise en charge libérale de la dépendance s'intègre dans un cadre politique libéral plus large, tout en protégeant contre l'oppression. J’évalue également la licéité et les limites de l'enseignement de l'autonomie et des habiletés de soins aux enfants dans une société politiquement libérale. (shrink)

Rawlsian political liberalism is often rejected by feminist philosophers on the grounds that it reinstates a problematic public/private divide and includes sexist comprehensive doctrines as reasonable. My dissertation reclaims a revised version of Rawlsian political liberalism for feminist objectives. Using children who are raised in accordance with sexist comprehensive doctrines as a test case, I investigate the permissible limitations for reasonable pluralism. In the first half of my dissertation, I investigate challenges posed to Rawlsian stability and civic education. I argue (...) that Rawlss aim of making reasonableness broadly inclusive for political purposes is in tension with his goal of using reasonableness to delineate the scope of liberal legitimacy. To resolve this tension, I suggest that we separate liberal legitimacy from reasonableness. I then broaden the analysis by exploring the implications of the bifurcation of reasonableness for both feminism and political liberalism. I argue that the resulting theory is a defensible version of political liberalism that serves some crucially important feminist aims without becoming a comprehensive feminist theory. (shrink)

Political epistemology is a newly flourishing area of philosophy, but there is no comprehensive overview to this burgeoning field. This chapter maps out the terrain of political epistemology, highlights some of the key questions and topics of this field, draws connections across seemingly disparate areas of work, and briefly situates this field within its historical and contemporary contexts.

While several tests and strategies are recommended for colorectal cancer (CRC) screening, studies suggest that primary care providers often recommend colonoscopy without providing information about its risks or alternatives. These observations raise concerns about the quality of informed consent for screening colonoscopy.

RésuméDans cet article, je réponds à Clark Wolf, Elizabeth Edenberg et Helga Varden. Partageant des sympathies pour le libéralisme opposé à l'oppression et pour la théorie du contrat social, ils me recommandent avec insistance de développer ma théorie dans des directions nouvelles — respectivement comme une forme de justice pour tous les sujets, avec une justification politique libérale, et suivant la conception kantienne de « droit privé ». Je réponds en expliquant que l'inclusivité est incorporée dans l'idée même (...) du schéma des relations de soin (« arrow of care map ») que je mets de l'avant, comme elle est inscrite dans la variété des théories contractuelles que je soutiens. De plus, j'insiste sur le fait que le libéralisme qui rejette l'oppression ne doit pas formuler ses arguments seulement dans les termes de la politique libérale. (shrink)

Disability is primarily a social phenomenon -- a way of being a minority, a way of facing social oppression, but not a way of being inherently or intrinsically worse off. This is how disability is understood in the Disability Rights and Disability Pride movements; but there is a massive disconnect with the way disability is typically viewed within analytic philosophy. The idea that disability is not inherently bad or sub-optimal is one that many philosophers treat with open skepticism, and sometimes (...) even with scorn. The goal of this book is to articulate and defend a version of the view of disability that is common in the Disability Rights movement. To be physically disabled is not to have a defective body, but simply to have a minority body. (shrink)

This new and important study of semantic change examines how new meanings arise through language use, especially the various ways in which speakers and writers experiment with uses of words and constructions in the flow of strategic interaction with addressees. In the last few decades there has been growing interest in exploring systemicities in semantic change from a number of perspectives including theories of metaphor, pragmatic inferencing, and grammaticalization. Like earlier studies, these have for the most part been based on (...) data taken out of context. This book is the first detailed examination of semantic change from the perspective of historical pragmatics and discourse analysis. Drawing on extensive corpus data from over a thousand years of English and Japanese textual history, Traugott and Dasher show that most changes in meaning originate in and are motivated by the associative flow of speech and conceptual metonymy. (shrink)

Social constructionism is often considered a form of anti-realism. But in contemporary feminist philosophy, an increasing number of philosophers defend views that are well-described as both realist and social constructionist. In this paper, I use the work of Sally Haslanger as an example of realist social constructionism. I argue: that Haslanger is best interpreted as defending metaphysical realism about social structures; that this type of metaphysical realism about the social world presents challenges to some popular ways of understanding metaphysical realism.

In this project I am concerned with the extent to which conceptual engineering happens in domains outside of philosophy, and if so, what that might look like. Specifically, I’ll argue that...

If the world itself is metaphysically indeterminate in a specified respect, what follows? In this paper, we develop a theory of metaphysical indeterminacy answering this question.

Feminist epistemology has often been understood as the study of feminine "ways of knowing." But feminist epistemology is better understood as the branch of naturalized, social epistemology that studies the various influences of norms and conceptions of gender and gendered interests and experiences on the production of knowledge. This understanding avoids dubious claims about feminine cognitive differences and enables feminist research in various disciplines to pose deep internal critiques of mainstream research.

In a recent paper, Barry Loewer attempts to defend Humeanism about laws of nature from a charge that Humean laws are not adequately explanatory. Central to his defense is a distinction between metaphysical and scientific explanations: even if Humeans cannot offer further metaphysical explanations of particular features of their “mosaic,” that does not preclude them from offering scientific explanations of these features. According to Marc Lange, however, Loewer’s distinction is of no avail. Defending a transitivity principle linking scientific explanantia to (...) their metaphysical grounds, Lange argues that a charge of explanatory inadequacy resurfaces once this intuitive principle is in place. This paper surveys, on behalf of the Humean, three strategies for responding to Lange’s criticism. The ready availability of these strategies suggests that Lange’s argument may not bolster anti-Humean convictions, since the argument rests on premises that those not antecedently sharing these convictions may well reject. The three strategies also correspond to three interesting ways of thinking about relations of grounding linking Humean laws and their instances, all of which are consistent with theses of Humean supervenience, and some of which have been heretofore overlooked. (shrink)

Instead of treating art as a unique creation that requires reason and refined taste to appreciate, Elizabeth Grosz argues that art-especially architecture, music, and painting-is born from the disruptive forces of sexual selection. She approaches art as a form of erotic expression connecting sensory richness with primal desire, and in doing so, finds that the meaning of art comes from the intensities and sensations it inspires, not just its intention and aesthetic. By regarding our most cultured human accomplishments as (...) the result of the excessive, nonfunctional forces of sexual attraction and seduction, Grosz encourages us to see art as a kind of bodily enhancement or mode of sensation enabling living bodies to experience and transform the universe. Art can be understood as a way for bodies to augment themselves and their capacity for perception and affection-a way to grow and evolve through sensation. Through this framework, which knits together the theories of Charles Darwin, Henri Bergson, Gilles Deleuze, Félix Guattari, and Jakob von Uexküll, we are able to grasp art's deep animal lineage. Grosz argues that art is not tied to the predictable and known but to new futures not contained in the present. Its animal affiliations ensure that art is intensely political and charged with the creation of new worlds and new forms of living. According to Grosz, art is the way in which life experiments with materiality, or nature, in order to bring about change. (shrink)

Philosophical theories of gender are typically understood as theories of what it is to be a woman, a man, a nonbinary person, and so on. In this paper, I argue that this is a mistake. There’s good reason to suppose that our best philosophical theory of gender might not directly match up to or give the extensions of ordinary gender categories like ‘woman’.

More than forty years have passed since Congress, in response to the Civil Rights Movement, enacted sweeping antidiscrimination laws in the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968. As a signal achievement of that legacy, in 2008, Americans elected their first African American president. Some would argue that we have finally arrived at a postracial America, butThe Imperative of Integration indicates otherwise. Elizabeth Anderson demonstrates that, despite progress toward (...) racial equality, African Americans remain disadvantaged on virtually all measures of well-being. Segregation remains a key cause of these problems, and Anderson skillfully shows why racial integration is needed to address these issues. Weaving together extensive social science findings--in economics, sociology, and psychology--with political theory, this book provides a compelling argument for reviving the ideal of racial integration to overcome injustice and inequality, and to build a better democracy. -/- Considering the effects of segregation and integration across multiple social arenas, Anderson exposes the deficiencies of racial views on both the right and the left. She reveals the limitations of conservative explanations for black disadvantage in terms of cultural pathology within the black community and explains why color blindness is morally misguided. Multicultural celebrations of group differences are also not enough to solve our racial problems. Anderson provides a distinctive rationale for affirmative action as a tool for promoting integration, and explores how integration can be practiced beyond affirmative action. -/- Offering an expansive model for practicing political philosophy in close collaboration with the social sciences, this book is a trenchant examination of how racial integration can lead to a more robust and responsive democracy. (shrink)

Metaphysical orthodoxy maintains that the relation of ontological dependence is irreflexive, asymmetric, and transitive. The goal of this paper is to challenge that orthodoxy by arguing that ontological dependence should be understood as non- symmetric, rather than asymmetric. If we give up the asymmetry of dependence, interesting things follow for what we can say about metaphysical explanation— particularly for the prospects of explanatory holism.

Women as commercial baby factories, nature as an economic resource, life as one big shopping mall: This is what we get when we use the market as a common ...

Intention is one of the masterworks of twentieth-century philosophy in English. First published in 1957, it has acquired the status of a modern philosophical classic. The book attempts to show in detail that the natural and widely accepted picture of what we mean by an intention gives rise to insoluble problems and must be abandoned. This is a welcome reprint of a book that continues to grow in importance.

The aim of this paper is to (i) examine the concept of epistemic paternalism and (ii) explore the consequences of normative questions one might ask about it. I begin by critically examining several definitions of epistemic paternalism that have been proposed, and suggesting ways they might be improved. I then contrast epistemic and general paternalism and argue that it’s difficult to see what makes epistemic paternalism an epistemic phenomenon at all. Next, I turn to the various normative questions one might (...) ask about epistemic paternalism and discuss the literature’s assumptions of epistemic consequentialism and veritism. I close by comparing and contrasting epistemic paternalism with other topics in social epistemology, such as disagreement or testimony. (shrink)

Darwinian matters : life, force and change -- Biological difference -- The evolution of sex and race -- Nietzsche's Darwin -- History and the untimely -- The eternal return and the overman -- Bergsonian differences -- The philosophy of life -- Intuition and the virtual -- The future.

What is the work ethic? Does it justify policies that promote the wealth and power of the One Percent at workers' expense? Or does it advance policies that promote workers' dignity and standing? Hijacked explores how the history of political economy has been a contest between these two ideas about whom the work ethic is supposed to serve. Today's neoliberal ideology deploys the work ethic on behalf of the One Percent. However, workers and their advocates have long used the work (...) ethic on behalf of ordinary people. By exposing the ideological roots of contemporary neoliberalism as a perversion of the seventeenth-century Protestant work ethic, Elizabeth Anderson shows how we can reclaim the original goals of the work ethic, and uplift ourselves again. Hijacked persuasively and powerfully demonstrates how ideas inspired by the work ethic informed debates among leading political economists of the past, and how these ideas can help us today. (shrink)

The importance of food in our individual lives raises moral questions from the debate over eating animals to the prominence of gourmet cookery in the popular media. Through philosophy, Elizabeth Telfer discusses issues including our obligations to those who are starving; the value of the pleasure of food; food as art; our duties to animals; and the moral virtues of hospitableness and temperance. Elizabeth Telfer shows how much traditional philosophy, from Plato to John Stuart Mill, has to say (...) to illuminate this everyday yet complex subject. (shrink)

This book looks at business ethics from the perspective of the business practitioner, but with the rigour of the moral philosopher. Intended for introductory students of business, commerce and management studies, Business Ethics at Work begins by setting business clearly in the context of creating value for its owners, and develops a practical ethical decision model which can be simply and relevantly applied to the hard moral choices with which business people are faced day to day. Against this background, some (...) of the major ethical issues which arise in business are explored, for example, in human resource management, finance, marketing and advertising, the management of the environment and corporate governance. In conclusion the book looks at the nature of ethical audit and argues that for the business of the future, the identification of its ethical values and their integration into its policies and practices will be a crucial ingredient of success. (shrink)

Why our workplaces are authoritarian private governments—and why we can’t see it One in four American workers says their workplace is a “dictatorship.” Yet that number almost certainly would be higher if we recognized employers for what they are—private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers’ speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, (...) diet, and almost anything else employers care to govern. In this compelling book, Elizabeth Anderson examines why, despite all this, we continue to talk as if free markets make workers free, and she proposes a better way to think about the workplace, opening up space for discovering how workers can enjoy real freedom. (shrink)

This paper introduces and motivates a solution to a dilemma from peer disagreement. Following Buchak (2021), I argue that peer disagreement puts us in an epistemic dilemma: there is reason to think that our opinions should both change and not change when we encounter disagreement with our epistemic peers. I argue that we can solve this dilemma by changing our credences, but not our beliefs in response to disagreement. I explain how my view solves the dilemma in question, and then (...) offer two additional arguments for it: one related to contents and attitudes, and another related to epistemic peerhood. (shrink)

'Since the middle of the twentieth century,' writes Elizabeth Johnson, 'there has been a renaissance of new insights into God in the Christian tradition. On different continents, under pressure from historical events and social conditions, people of faith have glimpsed the living God in fresh ways. It is not that a wholly different God is discovered from the One believed in by previous generations. Christian faith does not believe in a new God but, finding itself in new situations, seeks (...) the presence of God there. Aspects long-forgotten are brought into new relationships with current events, and the depths of divine compassion are appreciated in ways not previously imagined.' This book sets out the fruit of these discoveries. The first chapter describes Johnson's point of departure and the rules of engagement, with each succeeding chapter distilling a discrete idea of God. Featured are transcendental, political, liberation, feminist, black, Hispanic, interreligious, and ecological theologies, ending with the particular Christian idea of the one God as Trinity. >. (shrink)

Climate Change and the Moral Agent examines the moral foundations of climate change and makes a case for collective action on climate change by appealing to moralized collective self-interest, collective ability to aid, and an expanded understanding of collective responsibility for harm.

Disability rights activists often claim that disability is not—by itself—something that makes disabled people worse off. A popular objection to such a view of disability is this: were it correct, it would make it permissible to cause disability and impermissible to cause nondisability. The aim of this article is to show that these twin objections don’t succeed.

Informed consent is a central concept for empirical and theoretical research concerning pregnancy management decisions and is often taken to be one of the more fundamental goals of the profession of genetic counseling. Tellingly, this concept has been seen by disability communities as salutary, despite longstanding critiques made by disability activists, advocates, and scholars concerning practices involved in genetic counseling more generally. In this chapter, we show that the widespread faith in informed consent is misleading and can be detrimental to (...) the practice of genetic counseling as guided by concerns of justice and equity. We proceed in two steps. First, we explain how informed consent is flawed as a practical concept. Second, we show how the inadequacy of informed consent illuminates the animating core of disability critiques of genetic counseling: the issue of ableism. We argue that the problem of ableism cannot be solved with informed consent because it is not merely a problem of information, but also of epistemic schemas. We suggest that what we call critically informed consent is better suited to move genetic counseling from being aware of the problem of ableism to becoming actively anti-ableist. (shrink)