Multiple states are at risk of becoming uninhabitable due to climate change, forcing their populations to flee. While the 1951 Refugee Convention provides the gold standard of international protection, it is only applied to a limited subset of people fleeing their countries, those who suffer persecution, which most people fleeing climate change cannot establish. While many journalists and non-lawyers freely use the term “climate refugees,” governments, and courts, as well as UNHCR and many refugee experts, have excluded most climate refugees (...) from the Convention as a matter of legal interpretation. In our 2015 paper, “Unable to Return in the 1951 Refugee Convention: Stateless Refugees and Climate Change”, we sought to reopen the debate on “climate refugees” by arguing that some climate refugees qualify under the 1951 Convention as it is currently written (even if they are not persecuted): those who are stateless and are unable to return to their country of origin because climate change has rendered it uninhabitable. Our interpretation, however, has been rejected by Goodwin-Gill and McAdam (2021) and by Foster and Lambert (2019), which explicitly responds to our paper. Here, we address and respond to their arguments, and develop a new supplementary one, drawing on the principle of systemic integration, as enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties. (shrink)

Recent experimental philosophy arguments have raised trouble for philosophers' reliance on armchair intuitions. One popular line of response has been the expertise defense: philosophers are highly-trained experts, whereas the subjects in the experimental philosophy studies have generally been ordinary undergraduates, and so there's no reason to think philosophers will make the same mistakes. But this deploys a substantive empirical claim, that philosophers' training indeed inculcates sufficient protection from such mistakes. We canvass the psychological literature on expertise, which indicates that people (...) are not generally very good at reckoning who will develop expertise under what circumstances. We consider three promising hypotheses concerning what philosophical expertise might consist in: (i) better conceptual schemata; (ii) mastery of entrenched theories; and (iii) general practical know-how with the entertaining of hypotheticals. On inspection, none seem to provide us with good reason to endorse this key empirical premise of the expertise defense. (shrink)

We examine a contribution L. Susan Stebbing made to the understanding of critical thinking and its relation to formal logic. Stebbing took expertise in formal logic to authorise logical intervention in public debate, specifically in assessing of the validity of everyday reasoning. She held, however, that formal logic is purely the study of logical form. Given the problems of ascertaining logical form in any particular instance, and that logical form does not always track informal validity, it is difficult to see (...) how she could justify her belief in logical interventionism. Her answer to this problem is the contribution we explore here. It involves the view that although the logician’s expertise is not sufficient to assess arguments made in everyday contexts on its own, it nevertheless plays a unique role in giving systematicity and direction to the critique of such arguments, in particular, in public debate. (shrink)

It has become increasingly popular to respond to experimental philosophy by suggesting that experimental philosophers haven’t been studying the right kind of thing. One version of this kind of response, which we call the reflection defense, involves suggesting both that philosophers are interested only in intuitions that are the product of careful reflection on the details of hypothetical cases and the key concepts involved in those cases, and that these kinds of philosophical intuitions haven’t yet been adequately studied by experimental (...) philosophers. Of course, as a defensivemove, thisworks only if reflective intuitions are immune from the kinds of problematic effects that form the basis of recent experimental challenges to philosophy’s intuition-deploying practices. If they are not immune to these kinds of effects, then the fact that experimental philosophers have not had the right kind of thing in their sights would provide little comfort to folks invested in philosophy’s intuition-deploying practices. Here we provide reasons to worry that even reflective intuitions can display sensitivity to the same kinds of problematic effects, although possibly in slightly different ways. As it turns out, being reflective might sometimes just mean being wrong in a different way. (shrink)

There are two ways of understanding experimental philosophy's process of appealing to intuitions as evidence for or against philosophical claims: the positive and negative programs. This chapter deals with how the positivist method of conceptual analysis is affected by the results of the negative program. It begins by describing direct extramentalism, semantic mentalism, conceptual mentalism, and mechanist mentalism, all of which argue that intuitions are credible sources of evidence and will therefore be shared. The negative program challenges this view by (...) questioning if there can be in fact a shared intuition about a specific hypothetical case, as conflicting intuitions are as likely to arise. The chapter then discusses other issues raised by the negativists such as the limits of surveys and the proper domain problem. (shrink)

In this paper, we consider two different attempts to make an end run around the experimentalist challenge to the armchair use of intuitions: one due to Max Deutsch and Herman Cappelen, contending that philosophers do not appeal to intuitions, but rather to arguments, in canonical philosophical texts; the other due to Joshua Knobe, arguing that intuitions are so stable that there is in fact no empirical basis for the experimentalist challenge in the first place. We show that a closer attention (...) to philosophical practices reveal, in turn, that we cannot make sense of these philosophical texts as arguments all the way down; and that our methods are so sensitive to error that even a modest amount of instability is enough to raise deep methodological concerns. (shrink)

Philosophical discussions often involve appeals to verdicts about particular cases, sometimes actual, more often hypothetical, and usually with little or no substantive argument in their defense. Philosophers — on both sides of debates over the standing of this practice — have often called the basis for such appeals ‘intuitions’. But, what might such ‘intuitions’ be, such that they could legitimately serve these purposes? Answers vary, ranging from ‘thin’ conceptions that identify intuitions as merely instances of some fairly generic and epistemologically (...) uncontroversial category of mental states or episodes to ‘thick’ conceptions that add to this thin base certain semantic, phenomenological, etiological, or methodological conditions. As this chapter discusses, thick conceptions turn out to have their own methodological problems; some may even leave philosophers in the methodologically untenable position of being unable to determine when anyone is doing philosophy correctly. (shrink)

It has been standard philosophical practice in analytic philosophy to employ intuitions generated in response to thought-experiments as evidence in the evaluation of philosophical claims. In part as a response to this practice, an exciting new movement—experimental philosophy—has recently emerged. This movement is unified behind both a common methodology and a common aim: the application of methods of experimental psychology to the study of the nature of intuitions. In this paper, we will introduce two different views concerning the relationship that (...) holds between experimental philosophy and the future of standard philosophical practice (what we call, the proper foundation view and the restrictionist view), discuss some of the more interesting and important results obtained by proponents of both views, and examine the pressure these results put on analytic philosophers to reform standard philosophical practice. We will also defend experimental philosophy from some recent objections, suggest future directions for work in experimental philosophy, and suggest what future lines of epistemological response might be available to those wishing to defend analytic epistemology from the challenges posed by experimental philosophy. (shrink)

Our interest in this paper is to drive a wedge of contention between two different programs that fall under the umbrella of “experimental philosophy”. In particular, we argue that experimental philosophy’s “negative program” presents almost as significant a challenge to its “positive program” as it does to more traditional analytic philosophy.

If rising seas render small islands uninhabitable, will displaced islanders become stateless? The modern intellectual and legal tradition tells us that states must have defined, habitable territory. If so, small islands will cease to be states, and their inhabitants will accordingly become stateless. Against this, leading scholars have recently argued that the principle of presumption of continuity of state existence implies that island states continue to be states even after becoming uninhabitable. We argue to the contrary: the principle of presumption (...) of continuity of state existence implies no such thing. If nothing is done to prevent the loss of their territory, small islands will lose their statehood, making displaced islanders stateless. (shrink)

A growing body of empirical literature challenges philosophers’ reliance on intuitions as evidence based on the fact that intuitions vary according to factors such as cultural and educational background, and socio-economic status. Our research extends this challenge, investigating Lehrer’s appeal to the Truetemp Case as evidence against reliabilism. We found that intuitions in response to this case vary according to whether, and which, other thought experiments are considered first. Our results show that compared to subjects who receive the Truetemp Case (...) first, subjects first presented with a clear case of knowledge are less willing to attribute knowledge in the Truetemp Case, and subjects first presented with a clear case of nonknowledge are more willing to attribute knowledge in the Truetemp Case. We contend that this instability undermines the supposed evidential status of these intuitions, such that philosophers who deal in intuitions can no longer rest comfortably in their armchairs. (shrink)

The purpose of this research is to develop a methodological framework through which to analyse the Qur’ān’s dialogical engagement with the Ahl al-Kitāb. A substantial portion of the Qur’ānic revelations are directed towards, or about, the Jews and Christians, warranting a critical analysis of why such a dialogue was necessary and what the nature of that dialog entailed. Indeed, the Qur’ān’s engagement with the Ahl al-Kitāb is one of the most critical elements of the Qur’ānic revelation, evidenced by the sheer (...) number of verses addressing them. This research seeks to address why the Qur’ān engages so heavily in polemics with the Ahl al-Kitāb and the evolutionary nature of the engagement and polemical tone throughout Muhammad ’s prophethood. (shrink)

Edouard Machery argues that many traditional philosophical questions are beyond our capacity to answer. Answering them seems to require using the method of cases, a method that involves testing answers to philosophical questions against what we think about real or imagined cases. The problem, according to Machery, is that this method has proved unreliable ; what we think about these kinds of cases is both problematically heterogeneous and volatile. His bold solution: abandon the method of cases altogether and with it (...) many of the questions that we have come to associate with philosophy itself. Many of the critical responses to Machery’s book have focused on whether empirical work on judgements about philosophical cases supports his claim that the method of cases is unreliable. Our problem with these responses is that they accept that reliability is the right way to frame empirically informed concerns about the method of cases, and we think that it is not. The reason is simple: the kind of unreliability thesis that Machery needs proves to be empirically intractable, at least by anything like the current methods used by experimental philosophers, or so we shall argue here. While we have empirical grounds for thinking that unreliability arguments don’t give us reason to abandon the method of cases, we do think that there are empirical grounds for thinking that it needs to be reformed. There are other standards that we expect our methods to meet beyond mere reliability, especially standards of practical rationality, which are too often forgotten in metaphilosophical discussions that tend to focus exclusively on epistemological considerations. Methodological considerations, after all, are not just matters of epistemic normativity, but practical rationality as well. What’s more, considerations of practical rationality become particularly important when we move from the kind of extreme scepticism that Machery endorses to the kind of progressive reformation that we think should be pursued. And so we conclude by arguing that thinking about philosophical inquiry in terms of standards of practical rationality allows us both to better understand what kinds of problems recent empirical work on philosophical cognition raises for the method of cases and also how that work can point the way to reforming it. (shrink)

Argues that it is not only a point of literal construction, but also inherent in the object and purpose of the 1951 Refugee Convention, that displaced stateless persons unable to return to their countries of former habitual residence may be eligible for refugee status even if unpersecuted. 'Unable to return' as it occurs in the clause following the semi-colon of 1(A)2 of the 1951 Refugee Convention must be understood as a term of art subject to appropriate canons of construction in (...) its own right. Its construal must therefore be more restrictive than many commentators have suggested, though not so strict as to preclude all but persecuted persons. Then argues that, as a case study, those who are displaced from their island nations because those nations have submerged beneath the sea will count as 'unable to return' in the relevant sense, and so will qualify for Convention refugee status, if they count as lacking a nationality, i.e. as stateless. (shrink)

Lewis et al. (2011) attempted to restore the reputation of Samuel George Morton, a 19th century physician who reported on the skull sizes of different folk-races. Whereas Gould (1978) claimed that Morton's conclusions were invalid because they reflected unconscious bias, Lewis et al. alleged that Morton's findings were, in fact, supported, and Gould's analysis biased. We take strong exception to Lewis et al.’s thesis that Morton was “right.” We maintain that Gould was right to reject Morton's analysis as inappropriate and (...) misleading, but wrong to believe that a more appropriate analysis was available. Lewis et al. fail to recognize that there is, given the dataset available, no appropriate way to answer any of the plausibly interesting questions about the “populations” in question (which in many cases are not populations in any biologically meaningful sense). We challenge the premise shared by both Gould and Lewis et al. that Morton's confused data can be used to draw any meaningful conclusions. This, we argue, reveals the importance of properly focusing on the questions asked, rather than more narrowly on the data gathered. (shrink)

Since 1970 the United Kingdom, like the United States, has developed a “winner-take-all” political economy characterized by widening inequality and spectacular income growth at the top of the distribution. However, Britain’s centralized executive branch and relatively insulated policymaking process are less amenable to the kind of “organized combat” that Hacker and Pierson describe for the United States. Britain’s winner-take-all politics is better explained by the rise of political ideas favoring unfettered markets that, over time, produce a self-perpetuating structural advantage for (...) the richest. That advantage is, in turn, justified and sustained by reference to the same ideas. Inequality growth in the United Kingdom has been primarily driven by the financialization of the economy that began under the Thatcher government and continued under New Labour. The survival of pro-finance policies through the financial crisis provides further evidence that lobbying by a weakened City of London was less decisive in shaping policy than the financial sector’s continuing structural advantage and the tenacity of its supporting political consensus. (shrink)

Knobe's argument rests on a way of distinguishing performance errors from the competencies that delimit our cognitive architecture. We argue that other sorts of evidence than those that he appeals to are needed to illuminate the boundaries of our folk capacities in ways that would support his conclusions.

We present a set of algorithms for automated simplification of symbolic constants of the form ∑iαixi with αi rational and xi complex. The included algorithms, called SimplifySum2 and implemented in Mathematica, remove redundant terms, attempt to make terms and the full expression real, and remove terms using repeated application of the multipair PSLQ integer relation detection algorithm. Also included are facilities for making substitutions according to user-specified identities. We illustrate this toolset by giving some real-world examples of its usage, including (...) one, for instance, where the tool reduced a symbolic expression of approximately 100 000 characters in size enough to enable manual manipulation to one with just four simple terms.2Available from https://github.com/alexkaiser/SimplifySum. (shrink)

A consistent finding reported in the literature is that epistemically suspect beliefs are less frequently endorsed by individuals with a greater tendency to think analytically. However, these results have been observed predominantly in Western participants. In the present work, we explore various individual differences known to predict epistemically suspect beliefs across both Western and Eastern cultures. Across four studies with Japanese and Western individuals, we find that the association between thinking style and beliefs varied as a function of culture. Specifically, (...) while Westerners who scored higher on measures of Type-2 analytic thinking tended to endorse epistemically suspect beliefs less, this association was not observed in Japanese samples, suggesting that the often-observed negative association between analytic thinking and epistemically suspect beliefs may be exclusive to Western individuals. Additionally, we demonstrate that a tendency to think holistically is positively associated with the endorsement of epistemically suspect beliefs within both samples. Overall, we discuss how various individual differences predict the endorsement of epistemically suspect beliefs across cultures. (shrink)

Monoclonal antibodies are essential biomedical research and clinical reagents that are produced by companies and research laboratories. The NIAID ImmPort (Immunology Database and Analysis Portal) resource provides a long-term, sustainable data warehouse for immunological data generated by NIAID, DAIT and DMID funded investigators for data archiving and re-use. A variety of immunological data is generated using techniques that rely upon monoclonal antibody reagents, including flow cytometry, immunofluorescence, and ELISA. In order to facilitate querying, integration, and reuse of data, standardized terminology (...) for describing monoclonal antibody reagents and their targets needs to be used for annotating data submitted to ImmPort. (shrink)

Synthetic biology is an increasingly high-profile area of research that can be understood as encompassing three broad approaches towards the synthesis of living systems: DNA-based device construction, genome-driven cell engineering and protocell creation. Each approach is characterized by different aims, methods and constructs, in addition to a range of positions on intellectual property and regulatory regimes. We identify subtle but important differences between the schools in relation to their treatments of genetic determinism, cellular context and complexity. These distinctions tie into (...) two broader issues that define synthetic biology: the relationships between biology and engineering, and between synthesis and analysis. These themes also illuminate synthetic biology's connections to genetic and other forms of biological engineering, as well as to systems biology. We suggest that all these knowledge-making distinctions in synthetic biology raise fundamental questions about the nature of biological investigation and its relationship to the construction of biological components and systems. (shrink)

Background -/- Innovative neurosurgical treatments present a number of known risks, the natures and probabilities of which can be adequately communicated to patients via the standard procedures governing obtaining informed consent. However, due to their novelty, these treatments also come with unknown risks, which require an augmented approach to obtaining informed consent. -/- Objective -/- This paper aims to discuss and provide concrete procedural guidance on the ethical issues raised by serious unexpected complications of novel deep brain stimulation treatments. -/- (...) Approach -/- We illustrate our analysis using a case study of the unexpected development of recurrent stereotyped events in patients following the use of deep brain stimulation (DBS) to treat severe chronic pain. Examining these unexpected complications in light of medical ethical principles, we argue that serious complications of novel DBS treatments do not necessarily make it unethical to offer the intervention to eligible patients. However, the difficulty the clinician faces in determining whether the intervention is in the patient's best interests generates reasons to take extra steps to promote the autonomous decision making of these patients. -/- Conclusion and recommendations -/- We conclude with clinical recommendations, including details of an augmented consent process for novel DBS treatment. (shrink)

ABSTRACT: English translation of the 2nd/3rd century Peripatetic Philosopher's Alexander of Aphrodisias commentary on Aristotle's non-modal syllogistic, i.e. on one of the most influential logical texts of all times. -/- Volume includes introduction on Alexander of Aphrodisias and the early commentators, translation with notes and comments, appendices with a new translation of Aristotle's text, a summary of Aristotle's non-modal syllogistic and textual notes.

Implementing a head-heart-body pedagogy in higher education institutions needs the mobilization of all the actors currently involved in education, to identify those who are absent today and surpass the logic that feeds on silo effects in order to support actors towards sustainable educational actions. By transforming campuses and courses, the university can thus become a learning organization where everything is about learning not only for students, but also for all actors in the university community. This chapter mentions first students, who (...) are the direct beneficiaries of education as well as the future actors of the transition. Secondly, it calls upon teacher-researchers to incarnate the multifaceted role of mentors, which far beyond the transmission of knowledge involves accompanying the students in a holistic transformation. Third, it turns towards pedagogical support services, whose diverse disciplines and skills are essential to develop the pedagogical methods required for transition education. Finally, the chapter underlies the role of public authorities to systematize good practices, to allow bottom-up incentives to grow, to put in place the necessary conditions and resources as well as to engage the whole of society. (shrink)

Some universities have set up courses relating to the systemic integration of ecological and social issues into their curricula. We are presenting two types of initiatives here: first, those that come directly from universities or higher education institutions, such as the University of Lausanne; secondly, those which emanate from small organizations created to constitute a higher education transition laboratory, linked to a university institution, as is the case of Schumacher College (United Kingdom) linked to the University of Plymouth or the (...) Sustainability Institute (South Africa) attached to Stellenbosch University. (shrink)

Teachers may be skeptical about the possibility of implementing transition pedagogy, as outlined in the first part of this book, given the current context of higher education. Here we synthetize therefore the pedagogical tools that we have identified in the courses offered by establishments that have practiced a transition pedagogy for a long time, as well as those being used at the Campus de la Transition since 2018. We also draw on interviews with experts and practitioners, psychologists, teachers and explorers (...) of new practices. (Interviews with Chrysoline Brabant – clinical psychologist and certified coach, Mark Swilling – founder of the Sustainability Institute, Jacques Tardif – professor at the University of Sherbrooke and specialist in university pedagogy, Laurent Van Ditzhuyzen – co-founder of the Université du Nous, Thibault Griessinger – PhD in cognitive sciences and founder of Acte Lab, Hubert Trapet and Valérie Fayard – Emmaüs France CEO and vice-chair). The chapter starts with the lightest tools, which can be set up quite easily in a classroom, moving towards the most ambitious, and resulting in a coherent picture of the higher establishment in service of the Great Transition teachings. (shrink)

Transition education is a major challenge to be taken up. It is not simply a question of teaching a person a specific area of ​​knowledge – in this case ecological and societal questions – but rather recognizing that individuals are built by their reflections, with their feelings and according to their experiences. None of these dimensions should be left aside if we want to promote the full development of each individual. In this sense it seems important to us to explain (...) the values ​​that underlie our educational offer and the goals pursued by transition education, as well as its founding roots. This chapter thus starts by presenting the pillars for head-heart-body learning, namely a pedagogy that is relational and transformational, integrative and holistic, inter- and transdisciplinary, rooted and open. Secondly, we structure the pedagogy of the transition around six major areas of questioning, corresponding to the six gates of the FORTES approach. Eventually, drawing on the competency-based approach we present the six main transversal skills to be acquired. (shrink)

Synthetic biology is an increasingly high‐profile area of research that can be understood as encompassing three broad approaches towards the synthesis of living systems: DNA‐based device construction, genome‐driven cell engineering and protocell creation. Each approach is characterized by different aims, methods and constructs, in addition to a range of positions on intellectual property and regulatory regimes. We identify subtle but important differences between the schools in relation to their treatments of genetic determinism, cellular context and complexity. These distinctions tie into (...) two broader issues that define synthetic biology: the relationships between biology and engineering, and between synthesis and analysis. These themes also illuminate synthetic biology's connections to genetic and other forms of biological engineering, as well as to systems biology. We suggest that all these knowledge‐making distinctions in synthetic biology raise fundamental questions about the nature of biological investigation and its relationship to the construction of biological components and systems. BioEssays 30:57–65, 2008. © 2007 Wiley Periodicals, Inc. (shrink)

A review essay on Alexander Bird's book Knowing Science. The review examines Bird's reasons for thinking the human element in science may be entirely dispensable. It offers counterarguments highlighting problems with the idea that a group can know a proposition that none of its individual members know.

We formalise a notion of dynamic rationality in terms of a logic of conditional beliefs on (doxastic) plausibility models. Similarly to other epistemic statements (e.g. negations of Moore sentences and of Muddy Children announcements), dynamic rationality changes its meaning after every act of learning, and it may become true after players learn it is false. Applying this to extensive games, we “simulate” the play of a game as a succession of dynamic updates of the original plausibility model: the epistemic situation (...) when a given node is reached can be thought of as the result of a joint act of learning (via public announcements) that the node is reached. We then use the notion of “stable belief”, i.e. belief that is preserved during the play of the game, in order to give an epistemic condition for backward induction: rationality and common knowledge of stable belief in rationality. This condition is weaker than Aumann’s and compatible with the implicit assumptions (the “epistemic openness of the future”) underlying Stalnaker’s criticism of Aumann’s proof. The “dynamic” nature of our concept of rationality explains why our condition avoids the apparent circularity of the “backward induction paradox”: it is consistent to (continue to) believe in a player’s rationality after updating with his irrationality. (shrink)

To meet the ecological challenge, higher education must face many challenges: the educational offer, which is currently limited in many aspects, must evolve by renewing its methods while adapting its content. An “ecological awakening” is necessary to stimulate student awareness and action. This awakening is already present in some establishments which have transformed their educational model as well as their training in order to integrate and incarnate a more holistic vision of the world. These examples are all sources of inspiration (...) that can serve as a basis for reflection to modify university courses in depth. This chapter outlines first the shortcomings of the current educational model – in terms of content and methods – drawing on the authors’ insights, mostly from France. Then, the chapter turns towards recent evolutions, be it structural or transient, as well as incentives at various levels that could contribute to a transition of higher education. (shrink)

This introduction draws on Charles Dickens’ analysis of schooling in England during the industrial revolution to highlight the connection bethween the Anthropocene epoch we currently live in and education. While we outline points for critique, we are far from making a simple judgment. In reaction, we present the Great Transition Handbook with its systemic approach based on six gates, and we call on pedagogy to be more holistic in order to integrate all dimensions of humanity. We also clarify our understanding (...) of the Great Transition, as a process interweaving both social and ecological concerns. (shrink)

In this chapter we identify seven transversal principles which guide our pedagogical approach, and which are today widely shared by teachers. These principles also seem to us to be consistent with research in neuroscience, in particular that of Stanislas “Dehaene, Stanislas. Apprendre! les talents du cerveau, le défi des machines. Odile Jacob, Paris, (2018)” and his four pillars of learning – attention, active engagement, error and surprise signals and the consolidation of acquired knowledge – or those of Antonio “Damasio, Antonio (...) R. L’erreur de Descartes: la raison des émotions. Odile Jacob, Paris, (1995)” on the fundamental role of emotions in supporting learning. The principles advocated are: solicitation of curiosity and commitment; learning through sensitive experiences; connection of knowledge, emotions and values; reappropriation of assessment methods; multifaceted posture of the teacher; politicization of education; self-awareness and striving for common good.The principles highlighted in this section represent the major levers to be operated in order to provide students with truly transformative learning. Tools and examples of real-life implementation of these principles will be detailed in the second part of this book. (shrink)

We formalise a notion of dynamic rationality in terms of a logic of conditional beliefs on plausibility models. Similarly to other epistemic statements, dynamic rationality changes its meaning after every act of learning, and it may become true after players learn it is false. Applying this to extensive games, we "simulate" the play of a game as a succession of dynamic updates of the original plausibility model: the epistemic situation when a given node is reached can be thought of as (...) the result of a joint act of learning that the node is reached. We then use the notion of "stable belief, i.e. belief that is preserved during the play of the game, in order to give an epistemic condition for backward induction: rationality and common knowledge of stable belief in rationality. This condition is weaker than Aumann's and compatible with the implicit assumptions underlying Stalnaker's criticism of Aumann's proof. The "dynamic" nature of our concept of rationality explains why our condition avoids the apparent circularity of the "backward induction paradox": it is consistent to believe in a player's rationality after updating with his irrationality. (shrink)

Legal moralists hold that the immorality of an action is a sufficient reason for the state to prevent it. Liberals in the tradition of Mill generally reject legal moralism. However, Larry Alexander has recently developed an argument that suggests that a class of legal restrictions on freedom that most liberals endorse is, and perhaps can only be, justified on moralistic grounds. According to Alexander, environmental restrictions designed to preserve nature or beauty are forms of legal moralism. In this (...) paper, I explore two liberal lines of response to Alexander’s argument. The first argues that an aesthetic interest is among our basic legally protectable interests. This argument claims that environmental and other regulations designed to protect beauty and nature are justified in order to prevent setbacks to this aesthetic interest. The second focuses on a democratic conception of the public interest. It holds that democratic communities are entitled, through their institutions, to shape the community and environment they live in. On this view, the community need not appeal to moralism to justify its adoption of environmental regulations, since in adopting such regulations it is simply enacting its collective preferences. On these grounds, I claim that Alexander’s case for the claim that aesthetic regulations can only be justified on moralistic grounds is much weaker than he takes it to be. (shrink)