The state of recent as well as older research on social ontology suggests a paradigmatic approach, according to which it is our consciousness that must provide the framework for conceptualising the social. I, however, argue that Wittgenstein’s treatment of rule-following opens up a new horizon for the ontology of the social. The fact that the rules of our language are social in nature and that we need not be aware of them in order to follow them shifts the problem to (...) what lies behind consciousness. The ontological conceptualisation of the social must focus on our implicit knowledge instead, which is always an enabling condition for our consciousness: for we share some of this implicit knowledge with others, as can be seen from Wittgenstein and the case of language. (shrink)

Abstract Orthodox decision theory presupposes that agency is invested in individuals. An opposing literature allows team agency to be invested in teams whose members use distinctive modes of team reasoning. This paper offers a new conceptual framework, inspired by David Lewis's analysis of common reasons for belief, within which team reasoning can be represented. It shows how individuals can independently endorse a principle of team reasoning which prescribes acting as a team member conditional on assurance that others have endorsed the (...) same principle. It argues that there can be such assurance even when no individual has an obligation to act on team reasoning. *This paper originated in a lecture that I gave at a Colloquium on Collective Intentions at Erasmus University Rotterdam. I thank participants, and particularly Govert den Hartogh, for comments. The analysis presented in this paper is an offshoot of a larger project, which uses David Lewis's work as the starting point for a reconstruction of the foundations of game theory. That project is joint work with Robin Cubitt. The specific idea of using this approach to analyse team reasoning grew out of a discussion with Michael Bratman. My work was supported by the Leverhulme Trust. (shrink)

In this article we critique the collectivist approach to collective moral responsibility. According to philosophers of a collectivist persuasion, a central notion of collective moral responsibility is moral responsibility assigned to a collective as a single entity. In our critique, we proceed by way of discussing the accounts and arguments of three prominent representatives of the collectivist approach with respect to collective responsibility: Margaret Gilbert, Russell Hardin, and Philip Pettit. Our aims are mainly critical; however, this should not be taken (...) to imply that we do not ourselves support an alternative account of collective responsibility. We advocate an individualist account of collective responsibility. On this view of collective responsibility as joint responsibility, collective responsibility is ascribed to individuals. Each member of the group is individually morally responsible for the outcome of the joint action, but each is individually responsible jointly with the others. (shrink)

Judicial obligation to enforce the law is typically regarded as both unproblematic and important: unproblematic because there is little reason to doubt that judges have a general, if prima facie, obligation to enforce law, and important because the obligation gives judges significant reason to limit their concern in adjudication to applying the law. I challenge both of these assumptions and argue that norms of political legitimacy, which may be extra-legal, are irretrievably at the basis of responsible judicial reasoning.

John Rawls claims that public reasoning is the reasoning of ‘equal citizens who as a corporate body impose rules on one another backed by sanctions of state power’. Drawing on an amended version of Michael Bratman’s theory of shared intentions, I flesh out this claim by developing the ‘civic people’ account of public reason. Citizens realize ‘full’ political autonomy as members of a civic people. Full political autonomy, though, cannot be realised by citizens in societies governed by a ‘constrained proceduralist’ (...) account of democratic self-government, or the ‘convergence’ account of public justification formulated recently by Gerald Gaus and Kevin Vallier. (shrink)

Consent's capacity to legitimise actions and claims is limited by conditions such as coercion, which render consent ineffective. A better understanding of the limits to consent's capacity to legitimise can shed light on a variety of applied debates, in political philosophy, bioethics, economics and law. I show that traditional paternalist explanations for limits to consent's capacity to legitimise cannot explain the central intuition that consent is often rendered ineffective when brought about by a rights violation or threatened rights violation. I (...) argue that this intuition is an expression of the same principles of corrective justice that underlie norms of compensation and rectification. I show how these principles can explain and clarify core intuitions about conditions which render consent ineffective, including those concerned with the consenting agent's option set, his mental competence, and available information. (shrink)

Philosophy, despite its typical attitude of detachment and abstraction, has for most of its long history been engaged with the practical and mundane-seeming question of whether there is a duty to obey the law. As Matthew Kramer has recently summarized: “For centuries, political and legal theorists have pondered whether each person is under a general obligation of obedience to the legal norms of the society wherein he or she lives. The obligation at issue in those theorists' discussions is usually taken (...) to be prima-facie, comprehensively applicable, universally borne, and content-independent.” This essay is a commentary on the current state of discussion of this perennial philosophical topic. (shrink)

In this article I propose an original view of the nature of shared intention. In contrast to psychological views (Bratman, Searle, Tuomela) and normative views (Gilbert), I argue that both functional roles played by attitudes of individual participants and interpersonal obligations are factors of central and independent significance for explaining what shared intention is. It is widely agreed that shared intention (I) normally motivates participants to act, and (II) normally creates obligations between them. I argue that the view I propose (...) can explain why it is not a mere accident that both (I) and (II) are true of shared intention, while psychological and normative views cannot. The basic idea is that shared intention involves a structure of attitudes of individuals –including, most importantly, attitudes of reliance – which normally plays the relevant motivating roles and creates the relevant obligations. (shrink)