May you sell your vote? May you sell your kidney? May gay men pay surrogates to bear them children? May spouses pay each other to watch the kids, do the dishes, or have sex? Should we allow the rich to genetically engineer gifted, beautiful children? Should we allow betting markets on terrorist attacks and natural disasters? Most people shudder at the thought. To put some goods and services for sale offends human dignity. If everything is commodified , then nothing is (...) sacred. The market corrodes our character. Or so most people say. In Markets without Limits , Jason Brennan and Peter Jaworski give markets a fair hearing. The market does not introduce wrongness where there was not any previously. Thus, the authors claim, the question of what rightfully may be bought and sold has a simple answer: if you may do it for free, you may do it for money. Contrary to the conservative consensus, they claim there are no inherent limits to what can be bought and sold, but only restrictions on how we buy and sell. (shrink)

Semiotic objections to commodification hold that buying and selling certain goods and services is wrong because of what market exchange communicates or because it violates the meaning of certain goods, services, and relationships. We argue that such objections fail. The meaning of markets and of money is a contingent, socially constructed fact. Cultures often impute meaning to markets in harmful, socially destructive, or costly ways. Rather than semiotic objections giving us reason to judge certain markets as immoral, the usefulness of (...) certain markets gives us reason to judge certain semiotic codes as immoral. (shrink)

Joseph Heath lumps in quotas and protectionist measures with cartelization, taking advantage of information asymmetries, seeking a monopoly position, and so on, as all instances of behavior that can lead to market failures in his market failures approach to business ethics. The problem is that this kind of rent and rent seeking, when they fail to deliver desirable outcomes, are better described as government failure. I suggest that this means we will have to expand Heath’s framework to a market and (...) government failures approach. I then try to defuse objections that as a government failure, rent seeking may not appear relevant to what managers ought to do. Solving this conceptual issue will also give us an excuse to revisit a separate conceptual issue: the normatively thick conception of “rent” and rent seeking behavior that some use. This normatively thick conception is problematic, I argue, and I offer the beginnings of a novel, normatively neutral conception that is useful for our purposes in making the ethics of rent and rent seeking behavior more than a merely trivial exercise. (shrink)

In this paper we articulate and diagnose a previously unrecognized problem for theories of entitlement, what we call the Claims Conundrum. It applies to all entitlements that are originally generated by some claim-generating action, such as laboring, promising, or contract-signing. The Conundrum is spurred by the very plausible thought that a later claim to the object to which one is entitled is a function of whether that original claim-generating action is attributable to one. This is further assumed to depend on (...) one’s being identical to the person who performed the claim-generating action. But the right theory of personal identity for grounding these later claims proves quite elusive. In demonstrating both the Claims Conundrum and diagnosing its source, we begin with its instantiation in John Locke’s theories of personal identity and initial acquisition, and then we gradually expand its net to include both Lockean and non-Lockean theories of both, moving ultimately to show that this is a problem for most entitlements generally. We then diagnose the source of the trouble, showing that a basic assumption about the link between attributability and identity that most people take to be obvious is in fact false, clearing a path for future investigation into this overlooked but serious problem’s resolution. (shrink)

This paper is an evaluation of John Locke's labour theory of property. Section I sets out Locke's labour view. Section II addresses several possible objections, including against the conceptual coherence of Locke's argument, against the metaphysical implications of his view, as well as foundational criticisms of the moral significance of labour and of my relations with objects that are grounded in labour under certain conditions and circumstances. I attempt to address each of these criticisms in a Lockian spirit, which will (...) require strange metaphysical moves. The final Section raises further objections that are more significant because they cannot be squared with the labour view. (shrink)

There is currently a stalemate over the correct approach to legal liability. To take a prominent example, it remains a point of contention whether land owners should be held liable for injuries to trespassers. Many of those who insist that land owners should be held liable for injuries to trespassers maintain this for purely economic or pragmatic reasons. In contrast, those on the other side frequently defend their view on the grounds that, in such trespass cases, owners are not morally (...) responsible for the injuries. We maintain that the best way forward for all parties in this debate is to recognize the existence of “morally responsible liability ”—of cases where owners qua owners are morally responsible for damages caused by their property. Once this is recognized, the debate can be framed in terms of whether there are economic or pragmatic reasons for legal liability to diverge from morally responsible liability. Unfortunately, there is no good account of morally responsible liability in the literature. Taking lessons from the failings of the few extant accounts, we draw on the work of A. M. Honoré and Jeremy Waldron to develop an account of our own. We argue that owners are morally responsible for damages caused by their property when and because their taking ownership of something leads to increased risk to others. We explain how and why such increases in risk come about, and how our account captures our intuitions concerning various cases, including those concerning injuries to trespassers. (shrink)

It is often said that the Constitution does not interpret itself, that we are in need of a theory of interpretation for constitutions. This need has led to a flourishing literature on constitutional interpretation. Statutes, also, stand in need of a theory of interpretation, and that obvious need has led to a robust literature on that subject. What is said too infrequently is that Supreme Court rulings do not interpret themselves, that we are in need of a theory of interpretation (...) for rulings. In this essay, I assess the question of what is an appropriate doctrine of ruling interpretation by applying the arguments of the living constitutionalists to Supreme Court rulings. Contemporary proponents of a progressive doctrine of interpretation for constitutions—variously called the ‘living tree,’ ‘living force,’ or ‘living constitution’ doctrines of interpretation—appear to embrace two theses. The first thesis, which we can call the ‘progressive thesis,’ is the view that the Supreme Court ought to ensure that our highest laws are in compliance with contemporary values. The second thesis is the ‘doctrine of judicial supremacy’ which maintains that all lower judicial and non-judicial actors are to accept and adhere to the rulings of the Supreme Court.I argue that these two theses—the progressive thesis and the doctrine of judicial supremacy—are in tension with one another. Embracing the second thesis requires abandoning the first, while embracing the first thesis requires abandoning the second. Contemporary living constitutionalism, as defended by prominent advocates like Chief Justice Beverly McLachlin, Justice Ian Binnie, Australian Justice Michael Kirby, legal scholar Peter Hogg, and others, is incoherent. In the end, those who embrace the progressive thesis must rely on the claim that the Supreme Court ought to have a monopoly on the use of progressive interpretation, and that lower courts and non-judicial actors must use originalist methods for interpreting the text of Supreme Court rulings. To make this argument, the advocates of progressive constitutional interpretation must be advocates of originalism—not half-hearted supporters, but enthusiastic, full-on supporters, however much they may, elsewhere in their writings, condemn originalism as a practically-flawed, unworkable, or unenlightened method of interpretation. (shrink)

Mark Cherry’s Kidney for Sale by Owner is a book that illustrates how to do applied ethics right. Mark Cherry recognizes the important role of empirical facts in bridging a gap between our moral prescriptions, and our public policy or institutional prescriptions. In Kidney for Sale by Owner this method is on full display. While there is nothing the matter with Ideal Theory, we stand in need of what might be called bridge principles between the ideals of justice and some (...) specific set of institutions that, we intend and hope, will actually realize those ideals. The bridge between Ideal and Actual will consist of empirical facts that require the tools of the social scientists. (shrink)

Mark Cherry’s Kidney for Sale by Owner is a book that illustrates how to do applied ethics right. Mark Cherry recognizes the important role of empirical facts in bridging a gap between our moral prescriptions, and our public policy or institutional prescriptions. In Kidney for Sale by Owner this method is on full display. While there is nothing the matter with Ideal Theory, we stand in need of what might be called bridge principles between the ideals of justice and some (...) specific set of institutions that, we intend and hope, will actually realize those ideals. The bridge between Ideal and Actual will consist of empirical facts that require the tools of the social scientists. (shrink)

We aim to show anti-commodification theorists that their complaints about the scope of the market are exaggerated. There are we agree things that should not be bought and sold but that’s only because they are things people shouldn’t have or do or exchange in the first place. Beyond that we argue there are legitimate moral worries about how we buy trade and sell but no legitimate worries about what we buy trade and sell. In almost every interesting case where they (...) have argued markets are morally impermissible on the contrary we argue such markets are permissible. Where they see the market as having a fundamentally amoral ethos or as tending to corrupt us we see it as moral and morally ameliorative. Where they think the solution is to contract the market we think the solution is to expand it. (shrink)

This paper argues that gossip can be a central element in inducing cooperation. The underlying assumption here is that human beings value payoffs in most societies, and are willing to have less now for more in the future. This basic interaction is tempered through gossip - as our behavior now may affect our future interactions and subsequent payoffs. As such, reputation matters and plays a crucial role in inducing cooperation. In order for gossip to be an effective policing mechanism a (...) number of conditions must be met: namely, there must be an incentive for behavior and the behavior must be conducted in a credible manner. Herein lies the utility of charisma and perhaps problem, in inducing cooperation. (shrink)

James Stacey Taylor offers three interpretations of our thesis, and argues that only one of them goes through. His point is to clarify our view rather than critique our position. In this brief response, we argue that, upon further clarification, we could endorse at least one of the other interpretations, though as Taylor notes, we don’t need to for our book’s thesis to go through.

James Stacey Taylor offers three interpretations of our thesis, and argues that only one of them goes through. His point is to clarify our view rather than critique our position. In this brief response, we argue that, upon further clarification, we could endorse at least one of the other interpretations, though as Taylor notes, we don’t need to for our book’s thesis to go through.

Jacob Sparks critiques our recent work on commodification by arguing that purchasing love indicates one has defective preferences. We argue A) it is possible to purchase these things without having defective preferences, B) Sparks has not shown that acting such defective preferences is morally wrong, C) that Sparks’ misunderstands the Brennan–Jaworski Thesis, and so has not produced a counterexample to it, and finally D) that when we examine the processes by which love is gifted, it is unclear whether these (...) processes should be preferred. (shrink)

I argue that all that is relevant to appreciating art as art is the "abstract entity that is the work of art." The object of aesthetic contemplation, the bearer of aesthetic value, just is this abstract entity picked out by the sortal concept 'work of art,' which requires some vehicle but does not require the particular vehicle that is the original painting. Since this is so, the work of art is present in a visually-indistinguishable duplicate to the same extent and (...) to the same degree as it is in the original. To hedge my bets a little against those who are not persuaded by this strong claim, I also argue that, assuming there is a genuine value-relevant difference between an original and a duplicate, the duplicate could in principle share in or exceed the value of the original.. (shrink)

Edward Feser's book On Nozick is an overview of the political philosophy of Robert Nozick from a rare perspective—a sympathetic one. In the space of a mere 100 pages, Feser manages to guide the reader through Nozick's Anarchy, State and Utopia, and to defuse some of the more popular criticisms leveled against it. With a few flaws—the most significant of which is the acute focus on Nozick's major work, to the exclusion of other papers and contributions—the overall effect of Feser's (...) short work is impressive. (shrink)

In a thoughtful paper, Peter Martin Jaworski has written, “The debate over originals, authenticity, fakes, duplicates, and forgery got its start in the mid-60s and then continued until the ‘80s.”Peter Martin Jaworski. “In Defense of Fakes and Artistic Treason: Why Visually-Indistinguishable Duplicates Are as Good as the Originals.” Journal of Value Inquiry (2013), pp. 391–405. Quotation at p. 392. The debate, at least insofar as I participated in it, questioned whether original paintings and forgeries were sufficiently (...) alike – sufficiently the same kinds of things – that as a general rule the same qualities could be predicated of them. I and others argued they were not. To know the qualities of a painting, to make sense of the many often conflicting interpretations critics may offer of the same canvass, one must as a first step know what kind of painting it is. The relevant qualities of a painting, call them “artistic” or “aesthetic” or “stylistic” or whatever, are predicated of them i .. (shrink)

This chapter considers simpler prototype of a Star Trek transporter: a matter‐energy‐matter (MEM) converter. The MEM converter works in three stages. First, it scans an object and records the positions and states of all of the fundamental physical particles that compose it. Second, the converter disintegrates the object. Third, it assembles an exact replica of the object by repositioning fundamental physical particles according to the record it created during its original scan. Constitutionalism is an exciting theory that is the basis (...) for many Star Trek episodes. But it faces the fission problem, which Commander Riker experiences first hand in second chances (TNG). If survival is just as good as identity, then even if the human who comes out of the transporter isn't really the human who went in, the replica is still indistinguishable from that human. (shrink)

As I write this, in November 1971, people are dying in East Bengal from lack of food, shelter, and medical caxc. The suffering and death that are occurring there now axe not inevitable, 1101; unavoidable in any fatalistic sense of the term. Constant poverty, a cyclone, and a civil war have turned at least nine million people into destitute refugees; nevertheless, it is not beyond Lhe capacity of the richer nations to give enough assistance to reduce any further suffering to (...) very small proportions. The decisions arid actions of human beings can prevent this kind of suffering. Unfortunately, human beings have not made the necessary decisions. At the individual level, people have, with very few exceptions, not responded to the situation in any signihczmt way. Generally speaking, people have not given large sums to relief funds; they have not written t0 their parliamentaxy representatives demanding increased government assistance; they have not demonstrated in the streets, held symbolic fasts, or done anything else directed toward providing thc refugees with the means to satisfy their essential needs. At thc government level, no govcrmmcnt has given the sort of massive aid that would enable the refugees to survive fm: more than a few days. Britain, for instance, has given rather more than most countries. It has, to date, given £14,750,000. For comparative purposes, B1~itain’s share of thc nonreccverabla development costs of the Anglo-French Concorde project is already in excess of £275,000,000, and on present estimates will reach £440,000,¤00. The implication is that the British government values a supersonic transport more than thirty times as.. (shrink)

William Jaworski shows how hylomorphism can be used to solve mind-body problems--the question of how thought, feeling, perception, and other mental phenomena fit into the physical world. Hylomorphism claims that structure is a basic ontological and explanatory principle, and is responsible for individuals being the kinds of things they are, and having the powers or capacities they have. From a hylomorphic perspective, mind-body problems are byproducts of a worldview that rejects structure, and which lacks a basic principle which distinguishes (...) the parts of the physical universe that can think, feel, and perceive from those that can't. Without such a principle, the existence of those powers in the physical world can start to look inexplicable and mysterious. But if mental phenomena are structural phenomena then they are uncontroversially part of the physical world. Hylomorphism thus provides an elegant way of solving mind-body problems. (shrink)

This paper argues that a set of questioning attitudes are among the foundations of human and animal minds. While both verbal questioning and states of curiosity are generally explained in terms of metacognitive desires for knowledge or true belief, I argue that each is better explained by a prelinguistic sui generis type of mental attitude of questioning. I review a range of considerations in support of such a proposal and improve on previous characterizations of the nature of these attitudes. I (...) then broaden their explanatory scope to include a number of forms of exploratory search. The paper has three main goals: to characterize the nature of the questioning attitudes, outlining their causal role and type of content; to argue that they are fundamental components of the mind, being widespread among animals and not constructed during ontogeny out of other attitudes; and to suggest that they explain a great deal more behavior than one might think. (shrink)

Since its original publication in 1975, this groundbreaking work has awakened millions of people to the existence of "speciesism"—our systematic disregard of nonhuman animals—inspiring a worldwide movement to transform our attitudes to animals and eliminate the cruelty we inflict on them. In Animal Liberation, author Peter Singer exposes the chilling realities of today’s "factory farms" and product-testing procedures—destroying the spurious justifications behind them, and offering alternatives to what has become a profound environmental and social as well as moral issue. (...) An important and persuasive appeal to conscience, fairness, decency, and justice, it is essential reading for the supporter and the skeptic alike. (shrink)

We propose a solution to the problem of logical omniscience in what we take to be its fundamental version: as concerning arbitrary agents and the knowledge attitude per se. Our logic of knowledge is a spin-off from a general theory of thick content, whereby the content of a sentence has two components: an intension, taking care of truth conditions; and a topic, taking care of subject matter. We present a list of plausible logical validities and invalidities for the logic of (...) knowledge per se for arbitrary agents, and isolate three explanatory factors for them: the topic-sensitivity of content; the fragmentation of knowledge states; the defeasibility of knowledge acquisition. We then present a novel dynamic epistemic logic that yields precisely the desired validities and invalidities, for which we provide expressivity and completeness results. We contrast this with related systems and address possible objections. (shrink)

Single-premise epistemic closure is the principle that: if one is in an evidential position to know that P where P entails Q, then one is in an evidential position to know that Q. In this paper, I defend the viability of opposition to closure. A key task for such an opponent is to precisely formulate a restricted closure principle that remains true to the motivations for abandoning unrestricted closure but does not endorse particularly egregious instances of closure violation. I focus (...) on two brands of epistemic theory that naturally incorporate closure restrictions. The first type holds that the truth value of a knowledge ascription is relative to a relevant question. The second holds that the truth value of a knowledge ascription is relative to a relevant topic. For each approach, I offer a formalization of a leading theory from the literature and use this formalization to evaluate the theory’s adequacy in terms of a precise set of desiderata. I conclude that neither theory succeeds in meeting these desiderata, casting doubt on the viability of the underlying approaches. Finally, I offer a novel variant of the topic-sensitive approach that fares better. (shrink)

Introduction These essays have been written over a period of about ten years and have already been published separately in various places. ...

_Philosophy of Mind_ introduces readers to one of the liveliest fields in contemporary philosophy by discussing mind-body problems and the various solutions to them. It provides a detailed yet balanced overview of the entire field that enables readers to jump immediately into current debates. Treats a wide range of mind-body theories and arguments in a fair and balanced way Shows how developments in neuroscience, biology, psychology, and cognitive science have impacted mind-body debates Premise-by-premise arguments for and against each position enable (...) readers to grasp the structure of each argument quickly and easily Diagrams and illustrations help readers absorb the more complex ideas Bibliographic essays at the end of each chapter bring readers up to date on the latest literature Written in a clear, easy to read style that is free of technical jargon, and highly accessible to a broad readership_ _ The only book to explain systematically how a hylomorphic theory such as Aristotle’s can contribute to current mind-body debates and vie with current mind-body theories Online chapters on free will and the philosophy of persons make the book a flexible teaching tool for general and introductory philosophy courses - available at www.wiley.com/go/jaworski. (shrink)

I lay out the framework for my theory of sensory imagination in “Imagining as a guide to possibility.” Sensory imagining involves mental imagery , and crucially, in describing the content of imagining, I distinguish between qualitative content and assigned content. Qualitative content derives from the mental image itself; for visual imaginings, it is what is “pictured.” For example, visually imagine the Philadelphia Eagles defeating the Pittsburgh Steelers to win their first Super Bowl. You picture the greenness of the field and (...) the football’s brown oblong shape. Some of what you imagine isn’t explicitly pictured, however. That it is Sunday, that it is the Super Bowl: these facts are assigned. (shrink)

The hard problem of consciousness has held center stage in the philosophy of mind for the past two decades. It claims that the phenomenal character of conscious experiences—what it’s like to be in them—cannot be explained by appeal to the operation of physiological subsystems. The hard problem arises, however, only given the assumption that hylomorphism is false. Hylomorphism claims that structure is a basic ontological and explanatory principle. A human is not a random collection of physical materials, but an individual (...) composed of physical materials with a structure that accounts for what it is and what it can do—the powers it has. What is true of humans is true of their activities as well. The latter are not random physiological changes, but structured ones: we engage in them by coordinating the ways our parts manifest their powers. Structured activities include perceptual experiences. Consequently, everything about a perceptual experience, including its phenomenal character, can be explained by describing the perceiver’s perceptual subsystems, the powers of those subsystems, and the coordination that unifies their activities into the activity of the perceiver as a whole. Conscious experiences thus fit unproblematically into the natural world—just as unproblematically as the phenomenon of life. Even exponents of the hard problem of consciousness agree that there is no hard problem of life. Consequently, if hylomorphism is true, there can be no hard problem of consciousness. To insist that there is such a problem, then, is implicitly to reject hylomorphism. The concept of consciousness that motivates the hard problem is as much a theoretical construct, therefore, as the concept of life that motivates an obstinate vitalist. (shrink)

Political decisions have the potential to greatly impact our lives. Think of decisions in relation to abortion or climate change, for example. This makes political legitimacy an important normative concern. But what makes political decisions legitimate? Are they legitimate in virtue of having support from the citizens? Democratic conceptions of political legitimacy answer in the affirmative. Such conceptions righly highlight that legitimate political decision-making must be sensitive to disagreements among the citizens. But what if democratic decisions fail to track what (...) there is most reason to do? What if a democratically elected government fails to take measures necessary to protect its population from threats related to climate change? Peter argues that the legitimacy of political decisions doesn't just depend on respect for the citizens' will; and defends a novel hybrid conception of political legitimacy, called the Epistemic Accountability conception. According to this conception, political legitimacy also depends on how political decision-making responds to evidence for what there is most reason to do. Grounds for Political Legitmacy starts with an overview of the main ways in which philosophers have thought about political legitimacy, and identifies the epistemic accountability conception as an overlooked alternative. It then develops the epistemic accountability conception of political legitimacy and discusses its implications for legitimate political decision-making. Considering the norms that should govern political debate, it examines the role of experts in politics, and probes the responsibilities of democratically elected political leaders and as well as of citizens. (shrink)

Hylomorphism claims that structure is a basic ontological and explanatory principle; it accounts for what things are and what they can do. My goal is to articulate a metaphysic of hylomorphic structure different from those currently on offer. It is based on a substance-attribute ontology that takes properties to be powers and tropes. Hylomorphic structures emerge, on this account, as powers to configure the materials that compose individuals.

In this article we examine the role of vocative forms of address in shaping the political space in public/political discourse. We are particularly interested in strategic uses of forms of address by participants in political debates in order to gain legitimacy for their ideologies. Our data come from four formal television debates between Lech Wałęsa, the former Solidarity trade union leader and president of Poland, and two other Polish politicians, which were held between 1988 and 1995. Due to this historical (...) perspective, we are able to contextualize discursive patterns in the rapidly changing political and social situation in Poland, and show the diachronic development of the ideological underpinnings of discourse. (shrink)