Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

Political theorist Jeremy Waldron makes a bracing case against identifying rule of law with predictability. Seeing the rule of law as just one value to which democracies aspire, he embraces thoughtfulness rather than rote rule-following, flexibility even at the cost of vagueness, and emphasizing procedure and argument over predictable outcomes.

Jeremy Waldron is one of the world's leading legal and political philosophers. This collection brings together thirteen of his most recent essays which, in the course of working the book up for publication, the author has revisited and thoroughly revised. He addresses central issues within the liberal tradition, focusing on the law and its role in a pluralistic state which experiences deep disagreements about values and rights, and about the role of the state itself.

Introduction -- Fallibilism -- Contextualism -- Knowledge and reasons -- Justification -- Belief -- The value and importance of knowledge -- Infallibilism or pragmatic encroachment? -- Appendix I: Conflicts with bayesian decision theory? -- Appendix II: Does KJ entail infallibilism?

We offer a general framework for theorizing about the structure of knowledge and belief in terms of the comparative normality of situations compatible with one’s evidence. The guiding idea is that, if a possibility is sufficiently less normal than one’s actual situation, then one can know that that possibility does not obtain. This explains how people can have inductive knowledge that goes beyond what is strictly entailed by their evidence. We motivate the framework by showing how it illuminates knowledge about (...) the future, knowledge of lawful regularities, knowledge about parameters measured using imperfect instruments, the connection between knowledge, belief, and probability, and the dynamics of knowledge and belief in response to new evidence. (shrink)

This volume collects two lectures by Jeremy Waldron that were originally given as Berkeley Tanner Lectures along with responses to the lectures from Wai Chee Dimock, Don Herzog, and Michael Rosen; a reply to the responses by Waldron; and an introduction by Meir Dan-Cohen.

It's often said that according to deflationary theories of truth, truth is not a ‘substantial’ property. While this is a fine slogan, it is far from transparent what deflationists mean (or ought to mean) in saying that truth is ‘insubstantial’. Focusing so intently upon the concept of truth and the word ‘true’, I argue, deflationists and their critics have been insufficiently attentive to a host of metaphysical complexities that arise for deflationists in connection with the property of truth. My aim (...) is to correct several misunderstandings as to what deflationists are after here—including some harboured by deflationists themselves—and to offer an account of the commitments about truth's nature that they ought to undertake. In developing this account, I focus particularly upon the issue of what metaphysics of truth a Horwichian minimalist ought to adopt. (shrink)

How is what we believe related to how we act? That depends on what we mean by ‘believe’. On the one hand, there is what we're sure of: what our names are, where we were born, whether we are sitting in front of a screen. Surety, in this sense, is not uncommon — it does not imply Cartesian absolute certainty, from which no possible course of experience could dislodge us. But there are many things that we think that we are (...) not sure of. For example, you might think that it will rain sometime this month, but not be sure that it will. Both what we're sure of and what we think have important normative connections to action. But the connections are quite different. This paper explores these issues with respect to assertion, inquiry, and decision making. We conclude by arguing that there is no theoretically significant notion of ‘full belief’ intermediate in strength between thinking and being sure. (shrink)

Consider the sentence “Lois knows that Superman flies, but she doesn’t know that Clark flies”. In this paper we defend a Millian contextualist semantics for propositional attitude ascriptions, according to which ordinary uses of this sentence are true but involve a mid-sentence shift in context. Absent any constraints on the relevant parameters of context sensitivity, such a semantics would be untenable: it would undermine the good standing of systematic theorizing about the propositional attitudes, trivializing many of the central questions of (...) epistemology, the philosophy of mind, and the philosophy of action. In response to this problem, we prove a series of tenability results. We show that, given certain constraints on the parameters of context sensitivity, there is a broad class of principles of propositional attitude psychology whose good standing follows from corresponding claims about people’s mental representations. But these constraints also have some surprising consequences: they are jointly incompatible with coarse-grained theories of propositions, and they are in tension with a natural picture of how speakers and hearers coordinate on the interpretation of attitude ascriptions. In light of these consequences we explore different ways in which the contextualist picture might be developed, and argue that our preferred way compares favorably with Fregeanism and neo-Russellianism. (shrink)

Dorr et al. present a case that poses a challenge for a number of plausible principles about knowledge and objective chance. Implicit in their discussion is an interesting new argument against KK, the principle that anyone who knows p is in a position to know that they know p. We bring out this argument, and investigate possible responses for defenders of KK, establishing new connections between KK and various knowledge-chance principles.

Debates about the semantics and pragmatics of predicates of personal taste have largely centered on contextualist and relativist proposals. In this paper, I argue in favor of an alternative, absolutist analysis of PPT. Theorists such as Max Kölbel and Peter Lasersohn have argued that we should dismiss absolutism due to its inability to accommodate the possibility of faultless disagreement involving PPT. My aim in the paper is to show how the absolutist can in fact accommodate this possibility by drawing on (...) an account of faultless disagreement that improves upon a recent proposal due to Karl Schafer. In amending Schafer’s proposal, I put forward an empirically informed view of our beliefs regarding matters of personal taste, as well as an account of our assertions concerning such matters. I also argue that absolutists should take disagreement about these matters to be conative, rather than doxastic, in nature. The anticipated result is an independently compelling account of faultless disagreement about matters of personal taste that fits naturally with absolutism. (shrink)

In this paper, I discuss two concerns for pluralist truth theories: a concern about a key detail of these theories and a concern about their viability. The detail-related concern is that pluralists have relied heavily upon the notion of a domain, but it is not transparent what they take domains to be. Since the notion of a domain has been present in philosophy for some time, it is important for many theorists, not only truth pluralists, to be clear on what (...) domains are and what work they can do. The viability-related concern is that it’s not clear how a pluralist truth theory could explain the truth-conditions of mixed atomic propositions. To address this concern, truth pluralists should recognize something to which they have not been sufficiently attentive: that some atomic propositions belong to more than one domain. But, recognizing this requires rethinking the relationships between the nature of propositions, their membership in domains, and their truth. I address these issues and propose an understanding of them that is preferable to the best existing account of them, that offered by Michael Lynch. (shrink)

This article is the result of an international research between law and ethics scholars from Universities in France and Switzerland, who have been closely collaborating with technical experts on the design and use of information and communication technologies in the fields of human health and security. The interdisciplinary approach is a unique feature and guarantees important new insights in the social, ethical and legal implications of these technologies for the individual and society as a whole. Its aim is to shed (...) light on the tension between secrecy and transparency in the digital era. A special focus is put from the perspectives of psychology, medical ethics and European law on the contradiction between individuals’ motivations for consented processing of personal data and their fears about unknown disclosure, transferal and sharing of personal data via information and communication technologies (named the “privacy paradox”). Potential benefits and harms for the individual and society resulting from the use of computers, mobile phones, the Internet and social media are being discussed. Furthermore, the authors point out the ethical and legal limitations inherent to the processing of personal data in a democratic society governed by the rule of law. Finally, they seek to demonstrate that the impact of information and communication technology use on the individuals’ well-being, the latter being closely correlated with a high level of fundamental rights protection in Europe, is a promising feature of the socalled “e-democracy” as a new way to collectively attribute meaning to large-scale online actions, motivations and ideas. (shrink)

The identity predicate can be defined using second-order quantification: a=b =df ∀F(Fa↔Fb). Less familiarly, a dyadic sentential operator analogous to the identity predicate can be defined using third-order quantification: ϕ≡ψ =df ∀X(Xϕ↔Xψ), where X is a variable of the same syntactic type as a monadic sentential operator. With this notion in view, it is natural to ask after general principles governing its application. More grandiosely, how fine-grained is reality? -/- I will argue that reality is not structured in anything like (...) the way that the sentences we use to talk about it are structured. I do so by formulating a higher-order analogue of Russell’s paradox of structured propositions. I then relate this argument to the Frege-Russell correspondence. When confronted with the alleged paradox, Frege agreed that reality was not structured, but maintained that propositions (i.e. thoughts) were structured all the same. Russell replied that his paradox showed Frege’s theory of structured thoughts to be inconsistent, to which Frege replied that Russell’s argument failed to heed the distinction between sense and reference. Most recent commentators have sided with Russell. In defense of Frege, I establish the consistency of one version of his rejoinder. I then consider and reject some ways of resisting the argument against a structured conception of reality. I conclude that, if propositions are structured, this is because they correspond not to distinctions in reality, but rather to ways in which those distinctions can be represented. (shrink)

Plato is often acknowledged as the first philosophical critic of democracy and his Republic is regularly taken as a paradigm of an anti-democratic work. While it is true that Plato objected to much about the democracy of his own time, Plato’s political theorizing also reveals an interest in improving democratic institutions. This chapter explores three themes in Plato’s thinking about democracy: firstly, Plato's insistence that rulers should be knowledgeable and his claim that most people are politically incompetent (§1); secondly, Plato's (...) criticisms of oratory and the corrupting effects of public rhetoric (§2); thirdly, Plato's use of democratic institutions in the Laws (§3). Once we appreciate these different evaluations of democratic practices, we can see that Plato was not simply ‘anti-democratic’ or ‘pro-democratic’ but thought some democratic practices should be abandoned, some reformed, and some adopted. (shrink)

In this paper, we offer a brief, critical survey of contemporary work on truth. We begin by reflecting on the distinction between substantivist and deflationary truth theories. We then turn to three new kinds of truth theory—Kevin Scharp's replacement theory, John MacFarlane's relativism, and the alethic pluralism pioneered by Michael Lynch and Crispin Wright. We argue that despite their considerable differences, these theories exhibit a common "pluralizing tendency" with respect to truth. In the final section, we look at the underinvestigated (...) interface between metaphysical and formal truth theories, pointing to several promising questions that arise here. (shrink)

Functionalism about truth, or alethic functionalism, is one of our most promising approaches to the study of truth. In this chapter, I chart a course for functionalist inquiry that centrally involves the empirical study of ordinary thought about truth. In doing so, I review some existing empirical data on the ways in which we think about truth and offer suggestions for future work on this issue. I also argue that some of our data lend support to two kinds of pluralism (...) regarding ordinary thought about truth. These pluralist views, as I show, can be straightforwardly integrated into the broader functionalist framework. The main result of this integration is that some unexplored metaphysical views about truth become visible. To close the chapter, I briefly respond to one of the most serious objections to functionalism, due to Cory Wright. (shrink)

Evidentialism is the thesis that epistemic justification for belief supervenes on evidential support. However, we claim there are cases in which, even though two subjects have the same evidential support for a proposition, only one of them is justified. What make the difference are pragmatic factors, factors having to do with our cares and concerns. Our argument against evidentialism is not based on intuitions about particular cases. Rather, we aim to provide a theoretical basis for rejecting evidentialism by defending a (...) “pragmatic” necessary condition on epistemic justification. We argue for the following necessary condition for justification: S is justified in believing that p only if S is rational to prefer (and, hence, act) as if p. In light of this necessary condition, the price of evidentialism is skepticism, or something close to it. (shrink)

Les sociétés démocratiques sont confrontées à l'émergence d'enjeux environnementaux décisifs qui concernent tant les modes de production, d'échange et de consommation que l'habitat, les transports, l'agriculture, l'industrie et même nos modes de vie. La prise en charge de ces enjeux ne saurait s'opérer simplement par des mesures ponctuelles ou locales. Elle doit aujourd'hui être repensée la temporalité de l'action politique, confrontée à une urgence qui ne cessera de s'accroître dans les prochaines années.

The philosophy of evidence-based medicine -- What is EBM? -- What is good evidence for a clinical decision? -- Ruling out plausible rival hypotheses and confounding factors : a method -- Resolving the paradox of effectiveness : when do observational studies offer the same degree of evidential support as randomized trials? -- Questioning double blinding as a universal methodological virtue of clinical trials : resolving the Philip's paradox -- Placebo controls : problematic and misleading baseline measures of effectiveness -- Questioning (...) the methodological superiority of "placebo" over "active" controlled trials -- Examining the paradox that traditional roles for mechanistic reasoning and expert -- Judgment have been up-ended by EBM -- A qualified defence of the EBM stance on mechanistic reasoning -- Knowledge that versus knowledge how : situating the EBM position on expert clinical judgment -- Moving EBM forward. (shrink)

Predicates of personal taste have attracted a great deal of attention from philosophers of language and linguists. In the intricate debates over PPT, arguably the most central consideration has been which analysis of PPT can best account for the possibility of faultless disagreement about matters of personal taste. I argue that two models of such disagreement—the relativist and absolutist models—are empirically inadequate. In their stead, I develop a model of faultless taste disagreement which represents it as involving a novel incompatibility (...) relation between preferences that I call type-noncotenability. This model is available to all parties in the ongoing debates about PPT, but it points up an advantage enjoyed by expressivist accounts of PPT. In closing, I consider four objections against the model that, while failing to fully undermine it, open up promising avenues of inquiry about the nature of disagreement. (shrink)

Wilfrid Sellars’s ethical theory was rich and deeply innovative. On Sellars’s view, moral judgments express a special kind of shared intention. Thus, we should see Sellars as an early advocate of an expressivism of plans and intentions, and an early theorist of collective intentionality. He supplemented this theory with a sophisticated logic of intentions, a robust theory of the categorical validity of normative expressions, a subtle way of reconciling the cognitive and motivating aspects of moral judgment, and much more— all (...) within a strict nominalism that preserves Sellars’s commitment to naturalism. The Ethics of Wilfrid Sellars offers the first systematic treatment of this sadly neglected aspect of Sellars’s work and demonstrates that his ethical theory— just like his more widely discussed epistemology— has much to contribute to current debates. (shrink)

Abstract:This paper investigates whether, in theoretical terms, corporations can be citizens. The argument is based on the observation that the debate on “corporate citizenship” (CC) has only paid limited attention to the actual notion of citizenship. Where it has been discussed, authors have either largely left the concept of CC unquestioned, or applied rather unidimensional and decontextualized notions of citizenship to the corporate sphere. The paper opens with a critical discussion of a major contribution to the CC literature, the work (...) of Logsdon and Wood (Wood and Logsdon 2001; Logsdon and Wood 2002). It continues with a consideration of the nature and role of metaphors for business and of the contestable nature of the political concept of citizenship. It evaluates corporations as citizens through a four-dimensional framework of democratic citizenship offered by Stokes (2002). The analysis suggests that corporations do not easily fit the “liberal minimalist” model of citizenship. It finds, however some possibilities for fit with the three more participatory models. The paper concludes by cautioning against basing corporate citizenship on legal and administrative status or identity, and mapping out specific criteria by which we might determine whether corporations could be considered as citizens by virtue of their participation in processes of governance. (shrink)

This edited volume brings together 18 state-of-the art essays on pluralism about truth and logic. Parts I and II are dedicated to respectively truth pluralism and logical pluralism, and Part III to their interconnections. Some contributors challenge pluralism, arguing that the nature of truth or logic is uniform. The majority of contributors, however, defend pluralism, articulate novel versions of the view, or contribute to fundamental debates internal to the pluralist camp. The volume will be of interest to truth theorists and (...) philosophers of logic, as well as philosophers interested in relativism, contextualism, metaphysics, philosophy of language, semantics, paradox, epistemology, or normativity. (shrink)

When should you engage with difficult arguments against your cherished controversial beliefs? The primary conclusion of this book is that your obligations to engage with counterarguments are more limited than is often thought. In some standard situations, you shouldn't engage with difficult counterarguments and, if you do, you shouldn't engage with them open-mindedly. This conclusion runs counter to aspects of the Millian political tradition and political liberalism, as well as what people working in informal logic tend to say about argumentation. (...) -/- Not all misleading arguments wear their flaws on their sleeve. Each step of a misleading argument might seem compelling and you might not be able to figure out what's wrong with it. Still, even if you can't figure out what's wrong with an argument, you can know that it's misleading. One way to know that an argument is misleading is, counterintuitively, to lack expertise in the methods and evidence-types employed by the argument. When you know that a counterargument is misleading, you shouldn't engage with it open-mindedly and sometimes shouldn't engage with it at all. You shouldn't engage open-mindedly because you shouldn't be willing to reduce your confidence in response to arguments you know are misleading. And you sometimes shouldn't engage closed-mindedly, because to do so can be manipulative or ineffective. -/- In making this case, Jeremy Fantl discusses echo chambers and group polarization, the importance in academic writing of a sympathetic case for the opposition, the epistemology of disagreement, the account of open-mindedness, and invitations to problematic academic speakers. (shrink)

In a series of recent papers, Timothy Williamson has argued for the surprising conclusion that there are cases in which you know a proposition in spite of its being overwhelmingly improbable given what you know that you know it. His argument relies on certain formal models of our imprecise knowledge of the values of perceptible and measurable magnitudes. This paper suggests an alternative class of models that do not predict this sort of improbable knowing. I show that such models are (...) motivated by independently plausible principles in the epistemology of perception, the epistemology of estimation, and concerning the connection between knowledge and justified belief. (shrink)

This chapter offers an opinionated introduction to higher-order formal languages with an eye towards their applications in metaphysics. A simply relationally typed higher-order language is introduced in four stages: starting with first-order logic, adding first-order predicate abstraction, generalizing to higher-order predicate abstraction, and finally adding higher-order quantification. It is argued that both β-conversion and Universal Instantiation are valid on the intended interpretation of this language. Given these two principles, it is then shown how we can use pure higher-order logic to (...) ask, and begin to answer, metaphysical questions with non-trivial implications. In particular, while we must reject the popular idea that structural differences between sentences correspond to parallel distinctions in the logical structure of extra-linguistic reality, it may still be possible to give a purely logical characterization of objectual aboutness and related notions. (shrink)

"Arguing that debates over legitimacy, political violence, freedom, and justice would benefit greatly from cross-tradition theorizing, this book shows how putting analytic and continental political theory in conversation would help us to overcome these intractable problems"--.

Although workplace bullying is common and has universally harmful effects on employees’ outcomes, little is known about workplace bullies. To address this gap in knowledge, we draw from the tenets of social exchange and displaced aggression theories in order to develop and test a model of workplace bullying that incorporates the effects of employees’ individual differences, perceptions of their work environments, and perceptions of supervisory treatment on their tendencies to bully coworkers. The results of mediated moderation analyses that examine responses (...) from two samples of working adults support our hypotheses. Specifically, we find evidence of an indirect relationship between entitlement and coworker bullying through perceptions of abusive supervision that is stronger for employees who report lower levels of felt accountability than employees who report higher levels of felt accountability. This study makes important theoretical and practical contributions to abusive supervision research, bullying research, and organizational efforts to promote ethical work environments devoid of interpersonal mistreatment by providing novel insight into how employees’ entitlement and felt accountability combine to influence their tendencies to perceive themselves as victims of abusive supervision and culprits of coworker bullying. (shrink)

The theories of cultural anthropologist Ernest Becker arise from an existential and psychological analysis of the death terror/anxiety deep in the unconscious of every human. Becker details how this anxiety governs the ideologies and behaviors of our species—something now confirmed by thousands of experiments performed by psychologists engaged in contemporary terror management theory (TMT). Humans manage their anxiety through what Becker terms “hero systems”—concepts, beliefs, and myths we create to give us a sense of significance and meaning during, and even (...) beyond our mortal lives. Today, many dominant economic, technological, and religious hero systems seek to confirm our significance by denying that we are—like all other species—animals who must exist in a decaying, mortal body. Becker shows how this attempt to deny our “creatureliness” (basic biological nature) causes humans to stand against the natural world we are embedded in, leading to an assault on the planet and nonhuman animals. As a result, Becker believed pacifism was the only hero system capable of keeping humankind from destroying itself and the earth. Pacifism is the precursor to the more encompassing ethical concept of “reverence for life,” advocated by Dr. Albert Schweitzer. By respecting the will-to-live in all sentient beings, reverence for life transcends concern for humans alone and extends moral and physical safeguards to life as such. Confronting the fact that humans are increasingly alienated from their commodified world and their own being, reverence for life stands as a vital solution to many of our modern problems. And following contemporary TMT research, reverencing life can also expand one’s self-esteem, which research shows lowers death anxiety, reduces aggression, and offers authentic meaning to life itself. (shrink)