Suppose an agent has made a judgement of the form, 'all things considered, it would be better for me to do a rather than b (or any range of alternatives to doing a)' where a and b stand for particular actions. If she does not act upon her judgement in these circumstances would that be a failure of rationality on her part? In this paper I consider two different interpretations of all things considered judgements which give (...) different answers to this question, one suggested by Donald Davidson, the other by Paul Grice and Judith Baker. I argue that neither interpretation is adequate. However, a third interpretation that combines features of the Grice/Baker view with the Davidsonian view is possible. In the final section of the paper I defend this interpretation against two objections. (shrink)

One of the most common judgments of normative life takes the following form: With respect to some things that matter, one item is better than the other, with respect to other things that matter, the other item is better, but all things considered – that is, taking into account all the things that matter – the one item is better than the other. In this paper, I explore how all-things-considered judgments are possible, assuming (...) that they are. In particular, I examine the question of how the different considerations relevant to an all-things-considered judgment come together in a way that gives each relevant consideration its proper due. I propose an answer which provides a unified account of all-things-considered judgments and highlights a deep connection between value and reason. My suggestion is that ‘all things considered’ is, in effect, a placeholder for a more comprehensive, sometimes nameless, value that includes the things considered as parts, and that this more comprehensive value determines how the things considered normatively relate. (shrink)

This paper explores two models using which we might understand Heidegger's notion of ‘Eigentlichkeit’. Although typically translated as ‘authenticity’, a more literal construal of this term would be ‘ownness’ or ‘ownedness’; and in addition to the paper's exegetical value, it also develops two interestingly different understandings of what it is to have a judgment of one's own. The first model understands Heideggerian authenticity as the owning of what I call a ‘standpoint’. Although this model provides an understanding of a (...) number of key features of authenticity, it also invites an important objection—which I call ‘the closure objection’—that can be found in, for example, the work of Steven Galt Crowell and Tony Fisher. Although I argue that this objection can be met, the response for which it calls reveals that the feat of authenticity as understood through the standpoint model rests upon a further feat, and one which may itself have a stronger claim to be identified with Heideggerian authenticity. I develop this thought, introducing what I call the ‘all-things-considered judgment model’ of authenticity, the basis of which lies in, among other sources, Heidegger's appropriation of themes from Aristotle's discussion of phronesis. I explain the exegetical benefits of adopting this model and consider some objections that it invites, before closing with a discussion of how the two models understand the notion of ‘a judgment of one's own’. (shrink)

To be a doxastic deontologist is to claim that there is such a thing as an ethics of belief (or of our doxastic attitudes in general). In other words, that we are subject to certain duties with respect to our doxastic attitudes, the non-compliance with which makes us blameworthy and that we should understand doxastic justification in terms of these duties. In this paper, I argue that these duties are our all things considered duties, and not our epistemic (...) or moral duties, for example. I show how this has the surprising result that, if deontologism is a thesis about doxastic justification, it entails that there is no such thing as epistemic or moral justification for a belief that p. I then suggest why this result, though controversial, may have some salutary consequences: primarily that it helps us make some sense of an otherwise puzzling situation regarding doxastic dilemmas. -/- . (shrink)

Comparative judgments abound in sports. Fans and pundits bandy about which of two players or teams is bigger, faster, stronger, more talented, less injury prone, more reliable, safer to bet on, riskier to trade for, and so on. Arguably, of most interest are judgments of a coarser type: which of two players or teams is, all-things-considered, just plain better? Conventionally, it is accepted that such comparisons can be appropriately captured and expressed by sports rankings. Rankings play an important (...) role in sports arguably because of the conventional acceptance that rankings capture and express all-things-considered relations between the ranked teams or players. Standard ranking practices rely on a number of widely held assumptions. I discuss three of the most important and argue that at least one of them must be false. If this is right, the strong and growing commitment to using rankings to determine participation in tournaments and the awarding of championships is mistaken. At the least, given the con... (shrink)

Comparative judgments abound in sports. Fans and pundits bandy about which of two players or teams is bigger, faster, stronger, more talented, less injury prone, more reliable, safer to bet on, riskier to trade for, and so on. Arguably, of most interest are judgments of a coarser type: which of two players or teams is, all-things-considered, just plain better? Conventionally, it is accepted that such comparisons can be appropriately captured and expressed by sports rankings. Rankings play an important (...) role in sports arguably because of the conventional acceptance that rankings capture and express all-things-considered relations between the ranked teams or players. Standard ranking practices rely on a number of widely held assumptions. I discuss three of the most important and argue that at least one of them must be false. If this is right, the strong and growing commitment to using rankings to determine participation in tournaments and the awarding of championships is mistaken. At the least, given the conventional wisdom about rankings, my argument provides good reasons to be skeptical that any particular ranking ‘gets it right’. At the limit, it suggests that our most basic assumptions about all-things-considered athletic quality are wrong. (shrink)

It is one of Jacques Derrida’s later texts, Le Toucher—Jean-Luc Nancy , wherein one finds his most sustained commentary on the philosophy of Maurice Merleau-Ponty. I argue that Derrida’s criticisms of Merleau-Ponty in this text conceal a significant proximity between his own elaboration of sensibility and that of Merleau-Ponty. Their respective accounts of sensibility are similar in two respects. Firstly, for them both, sensibility is born of a parsing of the self in a hiatus or interval that disrupts the movement (...) of auto-affection. The self can only be known as such through this exposure to alterity. Secondly, this exposure and opening is in no way normative for either thinker, which is to say that their accounts of sensibility are similar not only in structure but also insofar as sensibility for them both is a non-normative opening to ethics; it is an elaboration of embodiment that provokes the question of response but no definitive or prescriptive answer. Hence the structure of sensibility begs the question of ethics, and the problem of response, but can provide little by way of a normative ethics. (shrink)

Philanthropy is a contentious and often polarising topic within egalitarian social movements. There are good reasons for this. Philanthropy is reliant on the inequalities inherent in the capitalist system, is fundamentally at odds with democratic relationships, and can moderate or control the activities of recipients. This article therefore starts from the premise that philanthropy violates egalitarian ideals in very significant ways. However, it goes on to suggest that, absent a ruptural change that would drastically weaken the bases of philanthropic wealth, (...) there is a strategic and contingent case for its selective use so long as it pushes existing configurations of power in more egalitarian directions. In making this case, the article draws primarily on the work of Wright ( 2010 ) but also on recent developments in the political theory of philanthropy. It calls for a critical literacy around philanthropy that combines an openness to experimentation with a clear-eyed sense of its significant risks. In this respect, it outlines specific conditions and strategies that movements should adopt if they pursue or accept philanthropic funding. Firstly, movements must deliberately articulate and actively defend their transformative vision, clarifying in the process the tactical place of philanthropy within this. Secondly, they must resist funder conditionalities, and preserve egalitarian modes of organising in the face of practices which undermine participatory ideals and threaten relations of care and solidarity. The article’s chief contribution is to integrate normative insights with lessons from the sociological literature on movement-philanthropy relations, for the sake of systematically untangling a live and troublesome issue within the praxis of radical movements. (shrink)

Epistemic obligations are constraints on belief stemming from epistemic considerations alone. Booth is one of the many philosophers who deny that there are epistemic obligations. Any obligation pertaining to belief is an all things considered obligation, according to him—a strictly generic, rather than specifically epistemic, requirement. Though Booth’s argument is valid, I will try to show that it is unsound. There are two central premises: S is justified in believing that P iff S is blameless in believing that (...) P; S is blameless in believing that P iff S has not violated an all things considered duty in believing that P. Both premises are false. My argument against depends on my own theory of epistemic obligations. My argument against does not. This paper is part of a larger project—defending epistemic requirements in general against a series of objections and advancing a particular theory that solves various problems. (shrink)

The minimally conscious state presents unique ethical, legal, and decision-making challenges because of the combination of diminished awareness, phenomenal experience, and diminished or absent comm...

An action-oriented epistemology takes the idea that our capacity for belief subserves our capacity for action as the starting point for epistemological theorizing. This paper argues that an action-oriented epistemology is especially well-positioned to explain why it is that, at least for believers like us, whether or not conforming with the epistemic norms that govern belief-regulation would lead us to believe that p always bears on whether we have normative reasons to believe that p. If the arguments of this paper (...) are successful, then an action-oriented approach has a kind of explanatory power that has proved elusive, and so merits serious and sustained philosophical attention that it has yet to receive. (shrink)

Judgementalism is an interpretation of normative decision theory according to which preferences are all-things-considered judgements of relative desirability, and the only attitudes that rationally constrain choice. The defence of judgementalism we find in Richard Bradley’s Decision Theory with a Human Face relies on a kind of internalism about the requirements of rationality, according to which they supervene on an agent’s mental states, and in particular those she can reason from. I argue that even if we grant such internalism, (...) attitudes other than preferences in the judgementalist sense rationally constrain choice. This ultimately supports a different interpretation of preference. (shrink)

In Climate Matters (2012), John Broome argues that individuals have private duties to offset all emissions for which they are causally responsible, grounded in the general moral injunction against doing harm. Emissions do harm, therefore they must be neutralized. I argue that individuals' private duties to offset emissions cannot be grounded in a duty to do no harm, because there can be no such general duty. It is virtually impossible in our current social context―for those in developed countries at least―to (...) do no harm, and we cannot have duties to do what we cannot do. I argue that this shifts the general injunction from 'do no harm' to 'do the least harm', and thereby reopens the question of tradeoffs which Broome had set aside as a matter of 'goodness' rather than 'justice'. He admits that when it comes to goodness, reducing emissions is not the best way to promote the good. The focus of this paper is on whether when it comes to minimizing injustice, reducing emissions is the best way. Climate change is undoubtedly one of the most important issues we face; it's clear that it matters prima facie. The question is whether―and to what extent―it matters all-things-considered. (shrink)

It is natural and relatively common to suppose that feasibility is a constraint on what we ought to do all-things-considered but not a constraint on what we ought to do as a matter of justice. I show that the combination of these claims entails an implausible picture of the relation between feasibility and desirability given an attractive understanding of the relation between what we ought to do as a matter of justice and what we ought to do all- (...) class='Hi'>things-considered. (shrink)

The idea that morality and prudence are incommensurable normative domains—a central idea in normative pluralism—tends to be rejected because of the argument from nominal–notable comparisons. The argument relies on a premise that there are situations of moral–prudential conflict where we have a clear intuition that there are things we ought to do “all things considered”. It is usually concluded that this shows that morality and prudence must be comparable. I argue that normative pluralists, who defend this type (...) of incommensurability, can account for these intuitions by arguing that an “ought all things considered” need not presuppose inter-type comparability among the reasons it covers, and by endorsing more sophisticated theories of prudence; theories for which there are good, independent reasons to endorse, in any case. By following these steps, normative pluralism does not need to have the counterintuitive implications it is often thought to have. (shrink)

Both Marilyn Adams and Eleonore Stump have endorsed requirements on theodicy which, if true, imply that we can never suffer all-things-considered harms. William Hasker has offered a series of arguments intended to show that this implication is unacceptable. This chapter evaluates Hasker’s arguments and finds them lacking. However, it also argues that Hasker’s arguments can be modified or expanded in ways that make them very powerful. The chapter closes by considering why God might not meet the requirements endorsed (...) by Stump and Adams and shows how they can modify their requirements to avoid the untenable implications about harm while still respecting the concerns that motivated their requirements in the first place. (shrink)

A curious feature of the literature on motivational judgement internalism is the absence of a discussion of which moral judgements are expected to motivate and how. This dissertation aims to address this issue by investigating what account an internalist can give of judgements of supererogation. This investigation will proceed in three stages. First I will investigate the difference between judging that something is a moral obligation and judging that it is supererogatory. I will argue that, unlike judgements of obligation, there (...) is no reliable connection between judgements of supererogation and motivation. Next I will look at what account a judgement internalist can give of the necessary connection between moral judgements and motivation that is compatible with existence of moral judgements that we do not expect people to be motivated by. I will argue that an all things considered reasons internalism is able to give such an account but cannot explain the motivational power of judgements of supererogation. I will then argue that positing an internal connection between judgements of supererogation and feelings of admiration allows for an internalist account that is capable of explaining the ability of judgements of supererogation to motivate. (shrink)

In this paper I argue that Kant's claims about conscience in his moral writings of the 1790s reveal a fundamental instability in his moral philosophy. The central issue is the relationship between the moral law as the form of universality and the judgment of individuals about specific cases. Against Thomas Hill's claim that Kant has only a limited role for conscience, I argue that conscience has a comprehensive role in Kantian deliberation. I unpack the claims about conscience in the (...) Metaphysics of Morals to show that they describe conscience as both a basic act of self-consciousness and as an all-things-considered judgment. I outline the role of conscience in moral motivation, and argue that taken together Kant's writings about conscience reveal a way to rethink Kant's conception of the Fact of Reason. (shrink)

Social judgement theory is particularly well suited to the study of medical judgements. Medical judgements characteristically involve decision making under uncertainty with inevitable error and an abundance of fallible cues. In medicine, as in other areas, SJT research has found wide variation among decision makers in their judgements and in the weighting of clinical information. Strategies inferred from case vignettes differ from physicians' self-described strategies and from the weights suggested by experts. These observations parallel recent findings of unexplained variation in (...) diagnosis and management in clinical practice that have been the source of concern in the medical community. The lens model provides one of the few methods for quantitatively analysing physicians' judgements. Contrary to what one might expect from the variation in strategies on paper cases, several studies suggest that, in practice, physicians' diagnostic judgements are highly accurate. Cognitive feedback has been less successful as a practical teaching tool than originally hoped, but some aspects of this methodology show promise, particularly in conjunction with the increasing emphasis on statistical decision support. All things considered, SJT has provided insight into physicians' decisions and gives the medical research community important tools for studying judgements in actual practice. (shrink)

Practical reason is the means by which beliefs and desires come together to produce actions. Practical rationality is difficult because we have many beliefs and many desires, and they often pull us in conflicting directions. The theory of practical reason must explain the fact that desires can conflict with one another, and the fact that we can act against our all‐things‐considered judgment (weakness of will, akrasia, and incontinence). The standard explanation of these facts invokes some form of (...) partitioning among desires. Davidson's view creates, by contrast, a partition within practical reason itself. He distinguishes between forms of rationality that are constitutive of action, and forms of rationality that are normative standard from which action can fall short. Davidson's “principle of continence,” a rule against weakness of will, is such a principle: it is required for acting well, but not for acting. (shrink)

Within the Cognitive Science of Religion, Justin Barrett has proposed that humans possess a hyperactive agency detection device that was selected for in our evolutionary past because ‘over detecting’ (as opposed to ‘under detecting’) the existence of a predator conferred a survival advantage. Within the Intelligent Design debate, William Dembski has proposed the law of small probability, which states that specified events of small probability do not occur by chance. Within the Fine-Tuning debate, John Leslie has asserted a tidiness principle (...) such that, if we can think of a good explanation for some state of affairs, then an explanation is needed for that state of affairs. In this paper I examine similarities between these three proposals and suggest that they can all be explained with reference to the existence of an explanation attribution module in the human mind. The forgoing analysis is considered with reference to a contrast between classical rationality and what Gerd Gigerenzer and others have called ecological rationality. (shrink)

In trying to explain the possibility of akrasia , it seems plausible to deny that there is a conceptual connection between motivation and evaluation ; akrasia occurs when the agent is motivated to do something that she does not judge to be good . However, it is hard to see how such accounts could respect our intuition that the akratic agent acts freely, or that there is a difference between akrasia and compulsion. It is also hard to see how such (...) accounts could be extended to the realm of theoretical reason, but this is generally not taken Ito be a problem, because it is generally assumed that there is no similar phenomenon in the realm of theoretical reason. This paper argues that there is such a thing as theoretical akrasia, and that we can find a characterization of this phenomenon in Descartes’s Meditations. Drawing on certain passages in the Meditations, we can construct an account of theoretical akrasia; this account can then be adapted to resolve the original problem of akrasia in the realm of practical reason. The account asserts that there is a conceptual connection between motivation and evaluation in free action; it also enables us to show how the akratic agent is still acting freely when he does something that he does not judge to be the best all things considered. (shrink)

According to Mencius, human nature is good because human beings are endowed with four sprouts of virtues, namely benevolence, righteousness, propriety, and wisdom, and humans can become fully virtuous by growing these four ethical sprouts. Mencius believed that these four sprouts exist in the human mind mainly in the form of emotion or emotional sensibility, and they are sometimes translated in English as compassion, sense of honor, respect, and feeling of approval and disapproval. What I want to do in this (...) paper is to delineate Mencius’s view of emotion by analyzing his first sprout, which is often referred to by the Chinese term “cèyǐn zhī xīn” 惻隱之心. Previous scholars usually translate “cèyǐn zhī xīn” as “compassion,” “sympathy,” or “commiseration,” in the sense of thepainful feeling one feels at the misfortune of others. My goal in this paper is to clarify the nature of this painful feeling, and specifically I will show that 1) cèyǐn zhī xīn is primarily construing another being’s misfortune with sympathetic concern, and that 2) the painfulness of cèyǐn zhī xīn comes from this concern-based construal of the object of one’s compassion. Toward the end of my paper, I will also show the connection between Mencius’s view of cèyǐn zhī xīn and thecontemporary ethical discourse on emotions, by arguing that in Mencius emotions like compassion provide an important but only partial basis for all-things-considered ethical judgment. (shrink)

What should I do? Philosophical reflection on this question has raised a variety of puzzles concerning the nature of ethics and of practical reasoning. In this paper, I focus on some new complications raised by current discussions concerning value pluralism, incomparability, and the nature of all-things-considered judgments. I suggest that part of the debate has proceeded in a way that obscures aspects of how we make good decisions in the face of a plurality of values (and identities) pulling (...) us in different directions. In particular, I argue that the debate has been shaped by a line of thought that does not adequately recognize reason’s role in ensuring that one’s policies and/or habits of consideration support a reasonable pattern of choice. The oversight makes choosing well, given pluralism, more puzzling and challenging than it needs to be. After sketching out the apparent puzzle and considering two recent responses, I defend what I see as a common-sense view of the matter. (shrink)

It is often debated whether what we ought, politically, to do is determined by standards that are independent of any actual political process or whether, by contrast, judgments reached in actual democratic processes have constitutive importance in determining what we should do. This paper argues that this is not an exclusive disjunction and that, consistently with there being independent standards, constitutively authoritative judgments can enter into the truth-conditions pertaining to claims about what we ought, politically, to do. The crucial objection (...) to constitutive judgment is that it involves an unacceptable form of bootstrapping, according to which reasons arise out of nothing. To circumvent this objection, the paper deploys John Broome's notion of a wide-scope 'normative requirement'. Normative requirements affect what ought to be done without altering the balance of reasons and defuse the bootstrapping objection by blocking the derivation of all-things-considered conclusions. To show that politics involves constitutive authority of this kind, the paper defends two illustrative normative requirements applicable to the political process that give constitutive roles to political judgments of various kinds. Throughout, the discussion is enlivened by comparisons to the judgments of a baseball umpire, which have been illuminatingly discussed by Robert Brandom. (shrink)

It is well known that Kant connects judgment and feeling in the third Critique. However, the precise relationship between these two faculties remains virtually unexplored, in large part due to the unpopularity of Kant’s faculty psychology. This paper considers why, for Kant, judgment and feeling go together, arguing that he had good philosophical reasons for forging this connection. The discussion begins by situating these faculties within Kant’s mature faculty psychology. While the ‘power of judgment’ [Urteilskraft] is fundamentally (...) reflective, feeling [Gefühl] reveals itself as essentially non-discursive. Their systematic connection emerges through the principle of purposiveness [Zweckmäßigkeit], which the former legislates for the latter. I claim that we must understand this notion in terms of the suitability of the faculties for each other, as displayed in mere reflection. That is, we can only recognize the fitness of two things for each other through feeling, which, in turn, is the only way that we can engage in the activity of merely reflecting judgment. I conclude by gesturing at an even further way in which judgment and feeling are related, based on their mutual role in orienting all of the faculties of the human mind. (shrink)

Max Stirner’s The Unique and Its Property (1844) is the first ruthless critique of modern society. In All Things are Nothing to Me, Jacob Blumenfeld reconstructs the unique philosophy of Max Stirner (1806–1856), a figure that strongly influenced—for better or worse—Karl Marx, Friedrich Nietzsche, Emma Goldman as well as numerous anarchists, feminists, surrealists, illegalists, existentialists, fascists, libertarians, dadaists, situationists, insurrectionists and nihilists of the last two centuries. -/- Misunderstood, dismissed, and defamed, Stirner’s work is considered by some to (...) be the worst book ever written. It combines the worst elements of philosophy, politics, history, psychology, and morality, and ties it all together with simple tautologies, fancy rhetoric, and militant declarations. That is the glory of Max Stirner’s unique footprint in the history of philosophy. -/- Jacob Blumenfeld wanted to exhume this dead tome along with its dead philosopher, but discovered instead that, rather than deceased, their spirits are alive and quite well, floating in our presence. All Things are Nothing to Me is a forensic investigation into how Stirner has stayed alive throughout time. (shrink)

Critics often argue that Ross’s metaphysical and epistemological accounts of all-things-considered duties suffer from the problem of explanation. For Ross did not give us any clear explanation of the combination of pro tanto duties, i.e. how principles of pro tanto duties can combine. Following from this, he did not explain how we could arrive at overall justified moral judgements. In this paper, I will argue that the problem of explanation is not compelling. First of all, it is based (...) on the classical account of pro tanto duties. Principles of pro tanto duties can be understood in another way, i.e. in terms of reason-giving account that might be of help to provide a response to the critics. Furthermore, critics fail to see some evidence in Ross about how we can arrive at moral judgements. (shrink)

Kant claims that an intuitive understanding—such as God would possess—could cognize things in themselves. This claim has prompted many interpreters of Kant's theoretical philosophy to propose that things in themselves correspond to how an intuitive understanding would cognize things. In contrast, I argue that Kant's theoretical philosophy does not endorse the common proposal that all things in themselves correspond to how an intuitive understanding would cognize things. Instead, Kant's theoretical philosophy maintains that things in (...) themselves might or might not correspond to how an intuitive understanding would cognize things. I then consider whether Kant's moral philosophy and theory of reflecting judgment might provide alternative grounds for claiming that we should regard things in themselves as corresponding to how an intuitive understanding would cognize things. I argue that Kant's moral philosophy does not provide such grounds, but his theory of reflecting judgment does. Thus, interpretations of Kant's transcendental idealism should attend to the differences between Kant's theoretical philosophy, moral philosophy, and theory of reflecting judgment in assessing the relationship between intuitive understanding and things in themselves. (shrink)

In the human world if there is knowledge about something, if this knowledge is true, then there must be a connection between the epistemological object and the judgment that gives us knowledge about this object. It seems that there is a universal consensus about that.But when the issue is knowledge about value and values, judgments about the value of something and about values are not considered to be genuine. This is a typical prejudice of our age about value (...) and values. It is true that so-called value-judgments, i.e. judgments in which people call things good or bad, are not genuine judgments, because they don't possess any epistemological object. But propositions about values, which are also called 'judgments', as well as 'statements' or 'assertions', are not the same as value-judgments, because this kind of knowledge, too, is about something that is independent of the person who puts forward such a judgment, something that has its own ontical specificity. Judgments or propositions or statements about values are knowledge, and can provide knowledge, while value-judgments are not knowledge and cannot provide any knowledge. Knowledge about the value of something and about values do seem to be judgments, but this cannot justify the confusion of such a judgment with a value-judgment. To dispel such confusion, first of all we have to clarify the terms we use. (shrink)

The argument from internal relatedness was one of the major nineteenth century neo-Hegelian arguments for monism. This argument has been misunderstood, and may even be sound. The argument, as I reconstruct it, proceeds in two stages: first, it is argued that all things are internally related in ways that render them interdependent; second, the substantial unity of the whole universe is inferred from the interdependence of all of its parts. The guiding idea behind the argument is that failure of (...) free recombination is the modal signature of an integrated monistic cosmos. Frequently consider the connection of all things in the universe and their relation to one another. For in a manner all things are implicated with one another... (Marcus Aurelius, Meditations, p. 43). (shrink)

What is inequality? In the late 1990s there was an explosion of interest in the subject that yielded a substantial body of formal tools and results for income-distribution analysis. Nearly all of this is founded on a small set of core assumptions - such as the Principle of Transfers, scale independence, the population principle∑ - that are used to give meaning to specific concepts of inequality measurement, inequality ranking and, indeed, to inequality itself. But does the standard axiomatic structure coincide (...) with public perceptions of inequality? Or is the economist's concept of inequality a thing apart, perpetuated through serial brainwashing in the way the subject is studied and taught? In this 1999 book, Amiel and Cowell examine the evidence from a large international questionnaire experiment using student respondents. Along with basic 'cake-sharing' issues, related questions involving social-welfare rankings, the relationship between inequality and overall income growth and the meaning of poverty comparisons are considered. (shrink)

Addiction is almost universally held to be characterized by a loss of control over drug-seeking and consuming behavior. But the actions of addicts, even of those who seem to want to abstain from drugs, seem to be guided by reasons. In this paper, I argue that we can explain this fact, consistent with continuing to maintain that addiction involves a loss of control, by understanding addiction as involving an oscillation between conflicting judgments. I argue that the dysfunction of the mesolimbic (...) dopamine system that typifies addictions causes the generation of a mismatch between the top-down model of the world that reflects the judgment that the addict ought to refrain from drugs, and bottom-up input caused by cues predictive of drug availability. This constitutes a powerful pressure toward revising the judgment and thereby attenuating the prediction error. But the new model is not stable, and shifts under the pressure of bottom-up inputs in different contexts; hence the oscillation of all-things-considered judgment. Evidence from social psychology is adduced, to suggest that a similar process may be involved in ordinary cases of weakness of will. (shrink)

Publishers love titles that begin How or Why. Better still, How and Why, combining edification with utility. The target group is that overlap between the self-help audience and the idly curious—which is to say, most of us. And since emotions are very much about self-help and self-harm, they offer rich pickings in a burgeoning market. Flanagan's How to Do things with Emotions is a philosopher's take on moral emotions, the allusion to J. L. Austin's How to Do Things (...) with Words chiming with the self-help milieu. Reviewing cases, Flanagan points out that most scientific work in this field derives from experiments on psychology students, about as unrepresentative a slice of humanity as you could find. For Flanagan, they are too WEIRD (Western, Educated, Industrialized, Rich, Democratic) to tell us much about the non-weird majority. To learn to “do emotions better,” he argues, we have to look farther afield. Although the emotional lives of cultural others are surely different from those taking Psychology 101, at some functional level they might be similar. Work out the conceptual logic and practical rationale of culturally elaborated emotions—Minangkabau “shame,” Ifaluk “righteous anger,” American “road rage”—and there is scope for comparison. Indeed, anthropology has shown as much, and it is from anthropology that Flanagan takes his cues. To mention two famous cases, what can we learn about anger management from Utku igloo-dwellers and Ilongot headhunters? Mutually dependent for survival in their snowy isolation, the Utku cannot risk getting angry. (They mercilessly tease their children into learning the futility of anger.) In the jungles of Luzon, Ilongot youths cast away their anger in externally directed violence: headhunting as cathartic sport. We can think of parallels closer to home.Flanagan's vigorously argued book, a tour de force of its kind, is both an anatomizing of anger and shame—two moral emotions we tend to “do badly”—and a proposal to “change how we do these emotions.” Indignation is fine, but anger that is vengeful or “pain-passing,” rather than righteous, is irrational and socially harmful. Shame can be incapacitating and cruel (the undeserved burn of a Twitter pile-on). What we need is reflective anger directed at injustice and a “mature sense of shame” that reminds us of the social contract and stops us misbehaving.In its How-and-Why format, the book combines theory and practice, metaethics with moralism. Here is how a prof should do self-help. But if the diagnosis is well made, the remedy is hard to imagine. As Flanagan recognizes, moral sentiments and practices are embedded in intricate forms of life and not readily detachable. Anger Utku-style is not a transferable skill, nor are educative routines forged in social ecologies remote from our own. Lacking serviceable models, Flanagan falls back on the anthropological justification that knowledge of cultural diversity expands our sense of human possibility, of other roads taken. In a globalizing world, difference is its own reward. For me, an anthropologist, that maxim is enough. Yet difference bedevils comparison, jinxing the units, warping criteria. Most languages lack a word for emotion or an equivalent umbrella concept; nor do emotion words translate well across languages. Emotion may be an incoherent notion, or at best a heuristic.Flanagan's use of the WEIRD tag makes things a bit too easy. Does it cover farmhands and factory workers? Are we so democratic, anyway? More damagingly, a typological approach blurs the circumstances of family, community, and biography that define an emotional episode and shape its phenomenology, the way it is felt and experienced—what a violent outburst or fearful exit means in the context of a life. Take Joseph Conrad's Lord Jim, who flees a scene of failure and derails his life. It requires a long narrative to unravel the implications of his jumping ship and the paralyzing shame he experiences before the judgment of society. Or consider the scene in Anna Karenina in which the dignified and self-important Karenin, apprised of Anna's adulterous liaison, agonizes over the threat to his existence. To call his response jealousy would not scratch the surface. Characteristically for Tolstoy, the emotions go unnamed. Instead, we witness Karenin's fervid deliberations (emotions involve thoughts), vacillations (emotions have action tendencies), anguished calculations of impending scandal (emotions are appraisals), and bodily changes (emotions are cognized feelings). We shudder at the brutal metaphors through which he grasps his predicament and its cure: like rooting out a bad tooth, he decides. That welter of particularities escapes the theorist who needs clear-cut, comparable units, formulaic instances of jealousy or anger. But what are you left with if you omit the details? What would remain of Karenin's existential crisis?The novelist's privileged access to subjectivity is, of course, unavailable to the scientist, but the larger context of plot and character—a history of relations that gives emotional episodes their shape and power—has its analog in the ethnographic domain. Emotions are public as well as private events, their meanings and effects depending on a fit with social reality, a clash of perspectives. In thought and feeling, we are never really alone. All of which suggests that narrative, fictional or nonfictional, can capture the ongoing moment in a way that eludes other methods. If what we are after is living emotion, it is the movie, not the snapshot, that surely matters. No point in comparing “emotions” no one ever really experienced outside of an experiment.But there's the rub. In generalization—the goal of emotion theory—an emotion's social meaning, personal significance, pragmatic function, and narrative context get stripped out. All that makes it what it is! Even in doggedly empirical anthropology, detailed emotional episodes are rare (Jean Briggs's Utku ethnography Never in Anger, published in 1970, is still unsurpassed). Instead we get recollections and summary examples, lacking the constitutive detail, real-time evolutions, and consequences of the real thing. Yet these must serve for comparison, fodder for countless theoretical speculations. Are we at risk of analyzing faux emotions and building theories on cardboard constructions?An empty Arctic stage, a handful of characters, life simplified to survival: Briggs is a hard act to follow. Bare life does not make for basic emotions. On the white set, emotions prove hard to parse. That gruff hesitation, that flashing glint—are they tokens of anger? Empathy will not suffice. As Briggs shows, narrative context is all. And in our more cluttered emotional worlds, the value of backstory, interwoven biographies, and emotional plots is all the greater. Flanagan is right; we must do emotions better. (shrink)

비전문가로서 학생들이 어려워하는 윤리 문제는 도덕적 딜레마로서 도덕 원칙들 간의 충돌 문제이다. 필자는 도날드 데이비슨의 도덕 원칙의 논리적 구조 분석에 따라 바칼로우가 제시하고 있는 ‘전체를 고려한 단칭 도덕판단’이라는 윤리 문제 접근법이 비전문가로서 학생들에게 적절한 모형이 될 수 있음을 주장한다. 이 모형이 개별적인 구체적 사례 연구를 위한 접근법으로서 비전문가 수준에서 적절하다고 보는 이유는 레이첼즈가 제시한 ‘도덕성의 최소 개념’ 즉 ‘최선의 이유’와 ‘공평성’을 포함하고 있으며, 동시에 ‘최선의 이유’를 적용하게 될 도덕 원칙이라고 생각한다면, 도덕 원칙들 간의 충돌 문제를 좀 더 쉽게 다룰 수 (...) 있기 때문이다.BR 필자는 이러한 아이디어에서 바칼로우가 보여 주고 있는 ‘전체를 고려한 단칭 도덕 판단’이라는 도덕 판단의 모형은 기존의 하향식, 상향식, 그리고 절충적 접근법들이 지니는 성격을 공유하면서도, 도덕 원칙들의 충돌 문제를 비전문가 수준에서도 적절하게 다룰 수 있는 접근법이라고 주장한다. 나아가 학생들은 이 접근법을 기초로 ‘반성적 균형’의 과정을 거처가면서 점차 자연스럽게 비전문 수준에서 윤리 전문가 수준의 나아갈 수 있을 것이다. (shrink)

This article analyzes Toole’s novel from a causal perspective, focusing on the cause-effect dynamics that make the plot advance, from the initial event at D.H. Holmes until the outcome in the Night of Joy. A combination of qualitative and quantitative methodologies has been applied to identify a series of 47 causal events that summarize all actions with an impact on plot development. Our research shows that the causal study of the novel is a useful approach that can reinforce or modify (...) qualitative assessments of previous studies. The relevance of “Night of Joy” plot within the whole narrative and its key role in the rest of the subplots are verified in numerical terms. Besides, we have expanded and quantified the causal chains operating in the novel; and we have made sure, as well, that every subplot is essential in order to reach the final outcome (with the only exception of Dr. Talc’s story). Finally, we have formulated an alternative outline of secondary plots than the ones supported by preceding research by using numeric metrics, demonstrating that “Paradise Vendors” and “Dorian Greene”, previously considered secondary storylines, exert a high impact on Confederacy’s finale, and are, perhaps, not so secondary plots after all. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

Adiaphora and permissive natural law both conceptually pointed towards an arena of liberty in which the individual remained free to take up particular courses of action. In the Reformation debates over the external regulation of Christian freedom for the maintenance of peace and order, these two concepts became freighted with political significance; but they also in turn shaped attitudes over when and where obedience was due in relation to the civic regulation of liberty. Tudor apologetics deployed both ideas in order (...) to defend the English Reformation, especially the claim of the royal supremacy to have due authority to regulate ecclesiastical affairs in indifferent matters, limiting Christian freedom and requiring obedience. By situating these debates within the context of the conceptual development of adiaphora and permissive natural law from their original philosophical roots through to the Reformation, this article establishes the genealogy of claims that defined such apologetics. After surveying the seemingly intractable dilemmas in the thought of Thomas Starkey and John Whitgift over why obedience to lay ecclesiastical supremacy was due, this article considers the radical return to the permissive natural law traditions of the medieval period in the Elizabethan conformist thought of Richard Hooker. In this return, Hooker supplanted divine permissions and scriptural principles as the guide for the proper regulation of indifferent matters with an appeal to the light of reason as the divine instrument through which binding human laws are made to govern society and limit freedom for the public good, even in the life of the national church. (shrink)

This paper is concerned with whether there is a moral difference between simulating wrongdoing and consuming non-simulatory representations of wrongdoing. I argue that simulating wrongdoing is (as such) a pro tanto wrong whose wrongness does not tarnish other cases of consuming representations of wrongdoing. While simulating wrongdoing (as such) constitutes a disrespectful act, consuming representations of wrongdoing (as such) does not. I aim to motivate this view in part by bringing a number of intuitive moral judgements into reflective equilibrium, and (...) in part by describing the case of a character that I call The Devious Super Geek who simulates wrong to particular people that he knows personally. I build bridging cases from the case of the Devious Super Geek to capture games in which one simulates wrong to imaginary members of extant, morally salient categories. The surprising conclusions that we are led to include not just that simulated wrongdoing is pro tanto wrong, but that simulated Just killing is pro tanto wrong, and also that the simulated killing of zombies and aliens is also pro tanto wrong. Finally, I describe how I propose to handle some potential objections and attempt to weigh the pro tanto wrong identified in the paper against some countervailing considerations in some all things considered judgements. (shrink)

This paper examines how science advice can provide policy recommendations in a trustworthy manner. Despite their major political importance, expert recommendations are understudied in the philosophy of science and social epistemology. Matthew Bennett has recently developed a notion of what he calls recommendation trust, according to which well-placed trust in experts’ policy recommendations requires that recommendations are aligned with the interests of the trust-giver. While interest alignment might be central to some cases of public trust, this paper argues against the (...) significance of interest-alignment to meritorious public trust. First, political bodies and citizens can have a basic kind of well-placed recommendation trust in science advice based on an all-things-considered judgement regarding the possession of relevant competencies, responsible conduct, and a proper institutional design. Moreover, scientists’ policy recommendations can be seen as open-ended and as dynamic proposals that enable inter-institutional reasoning and political deliberation. Finally, by providing conditional recommendations, scientists can expand the scope of feasible policy options from which political bodies can choose, thus making the condition of interest alignment even less significant to the trustworthy provision of recommendations. (shrink)

Is the wrongness of an action a reason not to perform it? Of course it is, you may answer. That an action is wrong both explains and justifies not doing it. Yet, there are doubts. Thinking that wrongness is a reason is confused, so an argument by Jonathan Dancy. There can’t be such a reason if ‘ϕ-ing is wrong’ is verdictive, and an all things considered judgment about what (not) to do in a certain situation. Such judgments (...) are based on all the relevant reasons for and against ϕ-ing. If that ϕ-ing is wrong, while being an all things considered verdict, would itself be a reason, it would upset the balance of reasons: it would be a further reason which has not yet been considered in reaching the verdict. Hence, the judgment wasn’t ‘all things considered' after all. I show that the argument against wrongness being a reason is unsuccessful, because its main assumption is false. Is main assumption is that a consideration which necessarily does not affect the balance of reasons is not a reason. I also argue that there can be no deontic buck-passing account. (shrink)

After discussing de Sousa's view of emotion in akrasia, I suggest that emotions be viewed as nonconceptual perceptions of value (see Tappolet 2000). It follows that they can render intelligible actions which are contrary to one's better judgment. An emotion can make one's action intelligible even when that action is opposed by one's all-things-considered judgment. Moreover, an akratic action prompted by an emotion may be more rational than following one's better judgement, for it may be the (...) judgement and not the perception which is in error. By contrast, "cool" akrasia is genuinely puzzling; it is not clear whether it exists. (shrink)

Among the functions of state borders is to delineate a domain within which outsiders may normally not interfere. But the human rights practice that has sprung up in recent decades has imposed significant limits on a state’s right against interference. This article considers the connection between human rights on the one hand and justified interference in the internal affairs of states on the other. States, this article argues, have a right against interference if and because they serve their subjects. Interference (...) by outsiders threatens to set back their capacity to serve and thus ultimately harms those over whom the state exercises power. Human rights, in turn, circumscribe the outer limits of what any state can do while plausibly claiming to be serving its subjects. On this view, human rights are distinguished from other rights because they function as cancelling conditions on the state’s right against outside interference: while interfering in the internal affairs of a state normally wrongs that state, interfering where the state fails to respect human rights does not. Contrary to what is often thought, human rights violations do not justify outside interference. They merely make a state liable to such interference. The further considerations that must enter into an all things considered judgment in favor of interference are irrelevant for determining what human rights we have. (shrink)

This chapter explores the notion of an authentic affective life by examining three models of Heideggerian authenticity in light of his remarks on emotion. In addition to the familiar “decisionist model,” the chapter examines what I call the “standpoint model” and the “all things considered judgment model”. Each of these models suggests a distinctive picture of what authenticity in one’s affective life might be, and considering the plausibility of these pictures provides an interesting way to re-consider the (...) plausibility of those models. The chapter argues that authentic affect as the decisionist model understands it requires a level of control over our emotions that is inherently implausible and incompatible with Heidegger’s understanding of them, and that the standpoint model’s understanding of authentic affect requires a uniformity in our emotions which should be rejected on the same grounds. Ultimately, the chapter argues in favor of the AJM on the grounds that its picture of affective authenticity—an openness to the many ways in which my situation matters to me, touches me and moves me whether I like it or not—is both truer to our actual emotional lives and more harmonious with Heidegger’s own understanding of these matters. (shrink)

We examine Van Wynsberghe and Robbins (JAMA 25:719-735, 2019) critique of the need for Artificial Moral Agents (AMAs) and its rebuttal by Formosa and Ryan (JAMA 10.1007/s00146-020-01089-6, 2020) set against a neo-Aristotelian ethical background. Neither Van Wynsberghe and Robbins (JAMA 25:719-735, 2019) essay nor Formosa and Ryan’s (JAMA 10.1007/s00146-020-01089-6, 2020) is explicitly framed within the teachings of a specific ethical school. The former appeals to the lack of “both empirical and intuitive support” (Van Wynsberghe and Robbins 2019, p. 721) for (...) AMAs, and the latter opts for “argumentative breadth over depth”, meaning to provide “the essential groundwork for making an all things considered judgment regarding the moral case for building AMAs” (Formosa and Ryan 2019, pp. 1–2). Although this strategy may benefit their acceptability, it may also detract from their ethical rootedness, coherence, and persuasiveness, characteristics often associated with consolidated ethical traditions. Neo-Aristotelian ethics, backed by a distinctive philosophical anthropology and worldview, is summoned to fill this gap as a standard to test these two opposing claims. It provides a substantive account of moral agency through the theory of voluntary action; it explains how voluntary action is tied to intelligent and autonomous human life; and it distinguishes machine operations from voluntary actions through the categories of poiesis and praxis respectively. This standpoint reveals that while Van Wynsberghe and Robbins may be right in rejecting the need for AMAs, there are deeper, more fundamental reasons. In addition, despite disagreeing with Formosa and Ryan’s defense of AMAs, their call for a more nuanced and context-dependent approach, similar to neo-Aristotelian practical wisdom, becomes expedient. (shrink)

My thesis demonstrates that, despite a number of impossibility results, a satisfactory and coherent theory of population ethics is possible. It achieves this by exposing and undermining certain key assumptions that relate to the nature of welfare and personal identity. I analyse a range of arguments against the possibility of producing a satisfactory population axiology that have been proposed by Derek Parfit, Larry Temkin, Tyler Cowen and Gustaf Arrhenius. I conclude that these results pose a real and significant challenge. However, (...) in the absence of further evidence I reject the conclusion that they imply that the value of populations is either not precise or not transitive. Instead, I expose some fundamental assumptions behind these results. One key assumption is that something can only make a life better or worse if it makes that life better or worse for the person living it, i.e. it raises or lowers the ‘welfare level’ of that life. Although intuitively highly plausible, this assumption ignores the possibility that perspectives other than that of the person living a life may be relevant for evaluating the components of that life and that these should be incorporated into our all things considered judgements. I argue that episodes within a person’s life that are strongly psychologically connected may have a special normative significance, particularly if these episodes involve such things as the enjoyment of ‘the best things in life’ or the experience of great suffering. We have reason to assign an all things considered value to such strongly psychologically connected phases of a person’s life, where this value is not exhausted by the contributions these make to the welfare level of that person’s life as a whole. It follows that our all things considered evaluations of populations are often underdetermined by information about the welfare levels of the lives they contain. However, in certain cases, most notably in that of ‘the Repugnant Conclusion’, there is nevertheless sufficient information provided by the welfare levels of persons’ lives to allow us to infer facts about these components that make an all things considered difference to these evaluations. I argue that a failure to acknowledge these facts is the cause of the aforementioned impossibility results and that once they are taken into account it is possible to produce a satisfactory theory of population ethics. (shrink)

This paper examines how science advice can provide policy recommendations in a trustworthy manner. Despite their major political importance, expert recommendations are understudied in the philosophy of science and social epistemology. Matthew Bennett has recently developed a notion of what he calls recommendation trust, according to which well-placed trust in experts’ policy recommendations requires that recommendations are aligned with the interests of the trust-giver. While interest alignment might be central to some cases of public trust, this paper argues against the (...) significance of interest-alignment to meritorious public trust. First, political bodies and citizens can have a basic kind of well-placed recommendation trust in science advice based on an all-things-considered judgement regarding the possession of relevant competencies, responsible conduct, and a proper institutional design. Moreover, scientists’ policy recommendations can be seen as open-ended and as dynamic proposals that enable inter-institutional reasoning and political deliberation. Finally, by providing conditional recommendations, scientists can expand the scope of feasible policy options from which political bodies can choose, thus making the condition of interest alignment even less significant to the trustworthy provision of recommendations. (shrink)