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)

Some are blameless for posing a threat to the live of another because they are not morally responsible for being a threat. Others are blameless in spite of their responsibility. On what has come to be known as the "moral responsibility account" of liability to defensive killing, it is such responsibility, rather than blameworthiness, for threatening another that renders one liable to defensive killing. Moreover, one's lack of responsibility for being a threat grounds one's nonliability to defensive killing. In "Killing (...) the Innocent in Self-Defense" (1994), I offered an early formulation and defense of such an account. In Section I of this chapter, I renew my defense of the claim that it is impermissible to kill a passive nonresponsible threat in self-defense. In Section II, I renew my defense of the claim that it is permissible to kill a blameless but morally responsible threat in self-defense. (shrink)

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...) standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces a far-reaching critique (...) of the canonical Just War theory. The simple analogy between self-defense and national defense - between the individual and the state - needs to be fundamentally rethought, and with it many of the basic elements of international law and the ethics of international relations. (shrink)

When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and philosophers. -/- Winner of the American Philosophical Association Frank Chapman Sharp Memorial Prize.

When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces a far-reaching critique (...) of the canonical Just War theory. The simple analogy between self-defense and national defense - between the individual and the state - needs to be fundamentally rethought, and with it many of the basic elements of international law and the ethics of international relations. (shrink)

Some philosophers defend the fact-relative view of moral rights against harm:Whether B infringes A's right not to be harmed by ϕ-ing depends on what will in fact occur if B ϕs. B's knowledge of, or evidence about, the exact consequences of her ϕ-ing are irrelevant to the question of whether her ϕ-ing constitutes an infringement of A's right not to be harmed by B.In this paper I argue that the fact-relative view of moral rights is mistaken, and I argue for (...) an alternative view whereby our rights against harm depend on what we can reasonably demand of others. I illustrate the importance of this conclusion with a discussion of liability to defensive harm. (shrink)

Recent literature has examined the problem facing decision makers with bounded awareness, who may be unaware of some states of nature. A question that naturally arises here is whether a value of awareness, analogous to value of information, can be attributed to changes in awareness. In this paper, such a value is defined. It is shown that the sum VOA +\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$+$$\end{document} VOI is constant and, except for scale effects, independent of the (...) choice set. It follows that the larger is VOA, the smaller is VOI. This point is illustrated for a simple two-state case, then proved for general classes of compact convex choice sets, and for alternative interpretations of the concept of unawareness. (shrink)

I presented an earlier version of this paper to the Law and Philosophy Discussion Group in Los Angeles, whose members I would like to thank for their comments. In addition, I would also like to thank the following people for reading and providing written or verbal commentary on earlier drafts: Robert Mams, Rogers Albritton, G. A. Cohen, David Copp, Matthew Hanser, Craig Ihara, Brian Lee, Marc Lange, Derk Pereboom, Carol Voeller, and the Editors of Philosophy & Public Affairs. I owe (...) special thanks to Timothy Hall and Seana Shiffnn for their insightful and helpful comments. (shrink)

It is often argued that the rule of law is only instrumentally morally valuable, valuable when and to the extent that a legal system is used to purse morally valuable ends. In this paper, I defend Lon Fuller’s view that the rule of law has conditional non-instrumental as well as instrumental moral value. I argue, along Fullerian lines, that the rule of law is conditionally non-instrumentally valuable in virtue of the way a legal system structures political relationships. The rule of (...) law specifies a set of requirements which lawmakers must respect if they are to govern legally. As such, the rule of law restricts the illegal or extra-legal use of power. When a society rules by law, there are clear rules articulating the behavior appropriate for citizens and officials. Such rules ideally determine the particular contours political relationships will take. When the requirements of the rule of law are respected, the political relationships structured by the legal system constitutively express the moral values of reciprocity and respect for autonomy. The rule of law is instrumentally valuable, I argue, because in practice the rule of law limits the kind of injustice which governments pursue. There is in practice a deeper connection between ruling by law and the pursuit of moral ends than advocates of the standard view recognize. The next part of this paper outlines Lon Fuller’s conception of the rule of law and his explanation of its moral value. The third.. (shrink)

There may be circumstances in which it is morally justifiable intentionally to kill a person who is morally innocent, threatens no one, rationally wishes not to die, and does not consent to be killed. Although the killing would wrong the victim, it might be justified by the necessity of averting some disaster that would otherwise occur. In other instances of permissible killing, however, the justification appeals to more than consequences. It may appeal to the claim that the person to be (...) killed has acted in such a way that to kill him would neither wrong him nor violate his rights, even if he has not consented to be killed or to be subjected to the risk of being killed. In these cases, I will say that the person is liable to be killed. Although I borrow the notion of liability from legal theory, and although much of what I say will be informed by the literature on liability in both tort law and criminal law, my concern in this article is with moral rather than legal liability. (shrink)

_ Convention_ was immediately recognized as a major contribution to the subject and its significance has remained undiminished since its first publication in 1969. Lewis analyzes social conventions as regularities in the resolution of recurring coordination problems-situations characterized by interdependent decision processes in which common interests are at stake. Conventions are contrasted with other kinds of regularity, and conventions governing systems of communication are given special attention.

I try to show that agent responsibility is an inadequate basis for the attribution of liability, by discrediting the Risk Argument and showing how the Responsibility Argument in fact collapses into the Risk Argument. I have concentrated on undermining these as philosophical theories of self-defense, although I at times note that our theory of self-defense should not be predicated on assumptions that are inapplicable to the context of war. The potential combatant, I conclude, should not look to the agency view (...) to ease his conscience about the killing he will do in war. If he is to fight without violating rights, then he will need a different theory of self-defense; if there are no more defensible theories, then he must either accept pacifism—which I think is a live possibility—or seek to identify stronger countervailing reasons, which can override the great force of his victims’ rights to life. (shrink)

On Jeff McMahan's influential ‘responsibility account’ of moral liability to defensive killing, one can forfeit one's right not be killed by engaging in an ordinary, morally permissible risk-imposing activity, such as driving a car. If, through no fault of hers, a driver's car veers out of control and toward a pedestrian, the account deems it no violation of the driver's right to save the pedestrian's life at the expense of the driver's life. Many critics reject the responsibility account on the (...) grounds that, first, it has draconian implications for threateners like the driver, and second, it contravenes the plausible principle that wronging one's victim is necessary for forfeiting one's rights. But I argue, drawing on the account's luck-egalitarian underpinnings, that the account lacks the draconian implications widely attributed to it, and contrary to what many assume, wrongdoing is unnecessary for rights-forfeiture. Via these arguments, I seek both to deepen our understanding of the responsibility account, and to reissue it in a more plausible and attractive form. (shrink)

Humans and animals make inferences about the world under limited time and knowledge. In contrast, many models of rational inference treat the mind as a Laplacean Demon, equipped with unlimited time, knowledge, and computational might. Following H. Simon's notion of satisficing, the authors have proposed a family of algorithms based on a simple psychological mechanism: one-reason decision making. These fast and frugal algorithms violate fundamental tenets of classical rationality: They neither look up nor integrate all information. By computer simulation, the (...) authors held a competition between the satisficing "Take The Best" algorithm and various "rational" inference procedures. The Take The Best algorithm matched or outperformed all competitors in inferential speed and accuracy. This result is an existence proof that cognitive mechanisms capable of successful performance in the real world do not need to satisfy the classical norms of rational inference. (shrink)

The analysis of the nexus between the value of information and risk is examined for sequential decisions with different degrees of future commitment, as e.g. environmental decisions. We find that in the linear case a riskier environment in general will increase the value of information. This result will be extended in the separable case to decreasing and increasing stochastic returns to scale. An example shows the ambiguity in the general case.

I argue that any successful account of permissible self- defence must be action-guiding, or practical . It must be able to inform people’s deliberation about what they are permitted to do when faced with an apparent threat to their lives. I argue that this forces us to accept that a person can be permitted to use self-defence against Apparent Threats: characters whom a person reasonably, but mistakenly, believes threaten her life. I defend a hybrid account of self-defence that prioritises an (...) agent’s subjective perspective. I argue that it is sufficient to render the use of defence permissible if an agent reasonably believes that (a) she is morally innocent, and (b) if she does not kill this person, then they will kill her. I argue that the correct account of self-defence must distinguish between whether an agent is permitted to inflict harm, and whether the target is liable to bear that harm. (shrink)

This paper is an exploration of the nature of what is perhaps the most widely recognized justification for inflicting harm on human beings: the appeal to defense (self-defense and other-defense). I develop and defend a rights-based account of the appeal to defense that takes into account whether and to what degree both the aggressor and his potential victim are morally responsible for the relevant threat. However, unlike most extant rights-based accounts, mine is not a forfeiture account. That is, I do (...) not attempt to explain the permissibility of defense in terms of the aggressor’s loss of a right not to be harmed. Instead I appeal directly to the fact that defense in the relevant cases prevents the aggressor from infringing upon the rights of his potential victim. Accordingly, I call my account a “prevention account.”. (shrink)

I argue that the offense generation pattern of slurring terms parallels that of impoliteness behaviors, and is best explained by appeal to similar purely pragmatic mechanisms. In choosing to use a slurring term rather than its neutral counterpart, the speaker signals that she endorses the term. Such an endorsement warrants offense, and consequently slurs generate offense whenever a speaker's use demonstrates a contrastive preference for the slurring term. Since this explanation comes at low theoretical cost and imposes few constraints on (...) an account of the semantics of slurs, this suggests that we should not require semantic accounts to provide an independent explanation of the offense profile. (shrink)

A regulative norm for permissible defense distinguishes the conditions under which we will hold defenders to be innocent of any wrongdoing from those in which we hold them responsible for assault or manslaughter. The norm must strike a fair balance between defenders' security, on the one hand, and other agents’ legitimate claim to live without fear of suffering mistaken defensive harm, on the other. Since agents must make defensive decisions under high pressure and on only partial information, they will sometimes (...) make mistakes. We have reason to want a norm that considers a mistake permissible when it was highly likely on the evidence that defense was proportionate and necessary to avert a threat. However, adopting an evidentialist norm under non-ideal conditions is treacherous business. I briefly survey empirical data suggesting that the type and extent of bias prevalent in the US renders a straightforward evidentialist norm unjust, and thus since the legal practice in the US relies on such a norm, we must explore avenues for reform. Preferably this will take the form of adopting a modified evidential norm, and I explore some promising options. If this proves impossible, however, then we have to accept a strict regulative norm (which does not consider any mistakes permissible), as the sole just alternative. (shrink)

A popular informal argument suggests that statistics about the preponderance of criminal involvement among particular demographic groups partially justify others in making defensive mistakes against members of the group. One could worry that evidence-relative accounts of moral rights vindicate this argument. After constructing the strongest form of this objection, I offer several replies: most demographic statistics face an unmet challenge from reference class problems, even those that meet it fail to ground non-negligible conditional probabilities, even if they did, they introduce (...) new costs likely to cancel out any justificatory contribution of the statistic, but even if they didn’t, demographic facts are the wrong sort to make a moral difference to agents’ negative rights. I conclude that the popular argument should be rejected, and evidence-relative theories do not have the worrisome implication. (shrink)

Do individuals have a positive right of self-defence? And if so, what are the limits of this right? Under what conditions does this use of force extend to the defence of others? These are some of the issues explored by Dr Uniacke in this comprehensive 1994 philosophical discussion of the principles relevant to self-defence as a moral and legal justification of homicide. She establishes a unitary right of self-defence and the defence of others, one which grounds the permissibility of the (...) use of necessary and proportionate defensive force against culpable and non-culpable, active and passive, unjust threats. Particular topics discussed include: the nature of moral and legal justification and excuse; natural law justifications of homicide in self-defence; the Principle of Double Effect and the claim that homicide in self-defence is justified as unintended killing; and the question of self-preferential killing. This is a lucid and sophisticated account of the complex notion of justification, revolving around a critical discussion of trends in the law of self-defence. (shrink)

But what if in order to save 0nc’s life one has to ki]1 another person? In some cases that is obviously permissible. In a case I will call Villainous Aggrcssor, you are standing in :1 meadow, innocently minding your own business, and 21 truck suddenly heads toward you. You try to sidestep the truck, but it tums as you tum. Now you can sec the driver: he is a mam you know has long hated you. What to do? You cannot (...) outrun thc truck. Fortunately, this is not pure nightmare: you just happen to have em antitank gun with you, and can blow up the truck. Of course, if you do this you will kill thc driver, but that does not matter; it is morally permissible for you to blow up thc truck, driver and 211, in defense of your life. (shrink)

Slurs possess interesting linguistic properties and so have recently attracted the attention of linguists and philosophers of language. For instance the racial slur "nigger" is explosively derogatory, enough so that just hearing it mentioned can leave one feeling as if they have been made complicit in a morally atrocious act.. Indeed, the very taboo nature of these words makes discussion of them typically prohibited or frowned upon. Although it is true that the utterance of slurs is illegitimate and derogatory in (...) most contexts, sufficient evidence suggests that slurs are not always or exclusively used to derogate. In fact, slurs are frequently picked up and appropriated by the very in-group members that the slur was originally intended to target. This might be done, for instance, as a means for like speakers to strengthen in-group solidarity. So an investigation into the meaning and use of slurs can give us crucial insight into how words can be used with such derogatory impact, and how they can be turned around and appropriated as vehicles of rapport in certain contexts among in-group speakers. In this essay I will argue that slurs are best characterized as being of a mixed descriptive/expressive type. Next, I will review the most influential accounts of slurs offered thus far, explain their shortcomings, then provide a new analysis of slurs and explain in what ways it is superior to others. Finally, I suggest that a family-resemblance conception of category membership can help us achieve a clearer understanding of the various ways in which slurs, for better or worse, are actually put to use in natural language discourse. (shrink)