_Unequivocal Justice_ challenges the prevailing view within political philosophy that broadly free market regimes are inconsistent with the basic principles of liberal egalitarian justice. Freiman argues that the liberal egalitarian rejection of free market regimes rests on a crucial methodological mistake. Liberal egalitarians regularly assume an ideal "public interest" model of political behavior and a nonideal "private interest" model of behavior in the market and civil society. Freiman argues that this asymmetrical application of behavioral assumptions biases the analysis and undercuts (...) ideal theoretical treatments of every major liberal egalitarian principle, including political liberty, economic sufficiency, fair opportunity, and social equality. This book reexamines the institutional implications of each of these principles in nonideal conditions, making novel philosophical use of political psychology and public choice economics along the way. (shrink)

Are we witnessing progress or regress in the recent increasing popularity and electoral success of populist politicians and parties in consolidated democratic nations? ... Is the innovative use of popular referendum in Great Britain to settle fundamental constitutional questions a progressive or regressive innovation? ... Similarly, is the increasing use of constituent assemblies to change constitutions across the world evidence of progress in democratic constitutionalism, or, a worryingly regressive change back toward unmediated popular majoritarianism? ... This paper reflects on some (...) of the perils and promise of framing such questions with the conceptual couplet of progress and regress. It considers four compelling critiques of the use of ‘progress’ and its cognates in sociopolitical theory, as well as arguing that such concepts are nevertheless ineliminable for our normative theories. The paper concludes by suggesting that we can avoid the most serious problems by employing only conceptions of political progress and regress that are piecemeal, pragmatic, and processual. (shrink)

Interactions between an intelligent software agent and a human user are ubiquitous in everyday situations such as access to information, entertainment, and purchases. In such interactions, the ISA mediates the user’s access to the content, or controls some other aspect of the user experience, and is not designed to be neutral about outcomes of user choices. Like human users, ISAs are driven by goals, make autonomous decisions, and can learn from experience. Using ideas from bounded rationality, we frame these interactions (...) as instances of an ISA whose reward depends on actions performed by the user. Such agents benefit by steering the user’s behaviour towards outcomes that maximise the ISA’s utility, which may or may not be aligned with that of the user. Video games, news recommendation aggregation engines, and fitness trackers can all be instances of this general case. Our analysis facilitates distinguishing various subcases of interaction, as well as second-order effects that might include the possibility for adaptive interfaces to induce behavioural addiction, and/or change in user belief. We present these types of interaction within a conceptual framework, and review current examples of persuasive technologies and the issues that arise from their use. We argue that the nature of the feedback commonly used by learning agents to update their models and subsequent decisions could steer the behaviour of human users away from what benefits them, and in a direction that can undermine autonomy and cause further disparity between actions and goals as exemplified by addictive and compulsive behaviour. We discuss some of the ethical, social and legal implications of this technology and argue that it can sometimes exploit and reinforce weaknesses in human beings. (shrink)

This paper argues that political civility is actually an illusionistic ideal and that, as such, realism counsels that we acknowledge both its promise and peril. Political civility is, I will argue, a tension-filled ideal. We have good normative reasons to strive for and encourage more civil political interactions, as they model our acknowledgement of others as equal citizens and facilitate high-quality democratic problem-solving. But we must simultaneously be attuned to civility’s limitations, its possible pernicious side-effects, and its potential for strategic (...) manipulation and oppressive abuse, particularly in contemporary, pluralistic and heterogeneous societies. (shrink)

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized moral-political reasons (...) on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

Codes of conduct are a conspicuous feature of modern business organization, but doubts have been raised regarding their efficacy in ensuring high standards of behavior. Although some of the issues involved have been discussed at some length in the business ethics literature, the amount of systematic empirical evidence on the impact of codes is very limited. This paper seeks to make a contribution to that body of knowledge by studying the policies and procedures of a sample of banks which have (...) signed a statement on banking and the environment promulgated by the United Nations Development Programme. Although some differences are found when compared with a sample of banks which did not sign the Statement, they are not extensive. The implications of the findings, for codes of conduct and for future empirical studies, are then discussed. (shrink)

In Modal Logic as Metaphysics, Timothy Williamson claims that the possibilism-actualism (P-A) distinction is badly muddled. In its place, he introduces a necessitism-contingentism (N-C) distinction that he claims is free of the confusions that purportedly plague the P-A distinction. In this paper I argue first that the P-A distinction, properly understood, is historically well-grounded and entirely coherent. I then look at the two arguments Williamson levels at the P-A distinction and find them wanting and show, moreover, that, when the N-C (...) distinction is broadened (as per Williamson himself) so as to enable necessitists to fend off contingentist objections, the P-A distinction can be faithfully reconstructed in terms of the N-C distinction. However, Williamson’s critique does point to a genuine shortcoming in the common formulation of the P-A distinction. I propose a new definition of the distinction in terms of essential properties that avoids this shortcoming. (shrink)

One of the most pressing objections against Divine simplicity is that it entails what is commonly termed a ‘modal collapse’, wherein all contingency is eliminated and every true proposition is rendered necessarily true. In this paper, I show that a common form of this argument is in fact famously invalid and examine three ways in which the opponent of Divine simplicity might try to repair the argument. I conclude that there is no clear way of repairing the argument that does (...) not beg the question against the doctrine of Divine simplicity. (shrink)

Kevin Elliott and others separate two common arguments for the legitimacy of societal values in scientific reasoning as the gap and the error arguments. This article poses two questions: How are these two arguments related, and what can we learn from their interrelation? I contend that we can better understand the error argument as nested within the gap because the error is a limited case of the gap with narrower features. Furthermore, this nestedness provides philosophers with conceptual tools for analyzing (...) more robustly how values pervade science. (shrink)

Appeal to the idea of an epistemic virtue promises insight into our practices of epistemic evaluation through employing a distinctive view of the ways in which we formulate and respond to reasons. Traits of ‘epistemic character’ guide our reasoning and reflection, and can be responsible for various forms of irrationality. One component of such a view is that emotions, sentiments and other affective states are far more central to questions of epistemic rationality than is commonly supposed. This paper explains why (...) this is so, and then illustrates the value of this way of looking at the matter by considering two particular examples: the role of states of doubt in regulating our deliberations and inquiries; and the character of our response to some distinctive kinds of irrationality. This will involve a brief discussion of some forms of epistemic akrasia. (shrink)

Niklas Luhmann wrote a number of works which have decisively shaped the recent development of legal science as a theoretical discipline. Some basic elements of his theory have been widely appropriated by other legal theorists, such that it is difficult to imagine contemporary reflection in legal theory, and above all legal sociology, without Luhmann. This collection brings together the most important canonical and cutting-edge papers on Luhmann s legal thought. It is introduced in a comprehensive editorial piece by the editor (...) which locates the articles in context and explores the issues and topics at hand. ". (shrink)

This paper aims to clear a path for the thesis that inner speech, in the very languages we speak, is the sole medium of all conceptual thought. First, it is argued that inner speech should not be identified with the auditory imagery of speech. Since they are distinct, there may be many more episodes of inner speech than those that are accompanied by auditory imagery. Second, it is argued that it is not necessary to conceive of linguistic communication as a (...) matter of the speaker’s revealing through words an underlying thought. Rather, acts of speech may be conceived as producing cooperation by intervening on processes of thought that are essentially imagistic. So conceived, the practice of speaking in language may acquire a function wholly internal to the individual, where it adds a layer of coordination to an underlying foundation of imagistic cognition. (shrink)

Plotinus, following certain Platonic cues, maintains that ‘we’ and ‘the true human being’ correspond to the rational part of the embodied human soul. This view is counterintuitive because it is natural to see ourselves and our humanity as including parts of the human organism additional to reason. In this paper, I propose that Plotinus’ view that we are our rational part is best understood as expressing a teleological claim. Since our proper end is an activity of the rational part of (...) soul, it is appropriate to identify our nature with that part of the organism alone. (shrink)

Lapo da Castiglionchio the Younger was a Florentine Renaissance humanist who died in 1438 at the age of thirty-three. He took part in one of the most interesting phases of Italian Renaissance humanism and achieved in his short lifetime a modest reputation as a first-rate Greek to Latin translator. Less well known is the fact that he wrote a fair amount of prose works. One of the most interesting of these is a treatise which he composed in the year of (...) his death, entitled De curie commodis, or, On the Benefits of the Curia, a portrait of the papal Curia which is written elegantly, learnedly, earnestly, and angrily. ;The goal of this study is to discuss this dialogue in its intellectual and social contexts; there are three chapters. The first is a general introduction to Lapo's life and work, to the dialogue itself, and to the historiography on the De curie commodis. The second chapter discusses the manner in which Lapo employs the virtues in a Stoicizing fashion as persuasive tools in the environment of Italian humanism. It is argued that his particular treatment of the virtues can serve as a key for interpreting the dialogue as a whole. The third chapter touches both on social historical issues in the De curie commodis and on Lapo's defense or curial wealth. ;There has been no adequate edition of the Latin text, based on a wide enough variety of extant manuscripts, nor has the De curie commodis ever been translated into English . Therefore, a thorough critical edition of the Latin text along with an annotated English translation follows the discussion. ;The treatise has been notoriously difficult to interpret and seems often to prevaricate. The interpretive conclusion of this study is that Lapo wrote as a well-informed but liminal figure in the socio-cultural environment of the papal Curia--as an outsider who desired to become a full-fledged insider. The De curie commodis is not the parting shot of a fed-up hanger-on; it is instead Lapo's last-ditch, highly critical but nonetheless sincere attempt to find a patron who would allow him to join a cultural ambient at which he marvelled but from which he felt himself unjustly excluded. (shrink)

“Political” corporate social responsibility involves businesses taking a political role to address “regulatory gaps” caused by weak or insufficient social and environmental standards and norms. The literature on political CSR focuses mostly on how large multinational corporations can address environmental and social problems that arise globally along their supply chains. This article addresses political CSR of small- and medium-sized enterprises. SMEs represent a major share of economic value creation worldwide and are increasingly exposed to regulatory gaps. Although SMEs differ substantially (...) from MNCs in terms of organizational characteristics, behavioral guiding principles, and financial and human resources, they should still tackle such regulatory gaps by accepting a political role. Drawing on Zadek’s model of CSR-based organizational learning and Young’s concept of social connection, this study develops a conceptual framework as the basis for discussing why SMEs should become involved in political CSR, how they can manage political CSR internally and systematically, and how their progress can be assessed by third-party observers externally. (shrink)

Both many critics of abortion and many defenders of abortion have suggested that artificial wombs could end the abortion debate. If the fetus is removed from the uterus, women have an end to an unwanted pregnancy. If the living fetus is then put in an artificial uterus for ectogenesis, there is no termination of the life of the fetus. Joona Räsänen challenges this view in his article, Ectogenesis, abortion and a right to the death of the fetus. Räsänen provides three (...) arguments for a right to secure the death of the human being in utero, namely the ‘right not to become a biological parent argument’, the ‘right to genetic privacy argument’, and the ‘right to property argument’. This article critiques these three arguments for a right to the death of the fetus. (shrink)

This essay examines various issues surrounding the orthodox interpretation of quantum mechanics. These began with the famous debate between Einstein and Bohr on the topics of quantum uncertainty, wave-particle dualism, and nonlocal interaction. Where Bohr maintained the in-principle ‘completeness’ of orthodox QM - i.e., the conceptual impossibility that it should ever be subject to major revision - Einstein argued that it must be incomplete since it failed to provide any adequate interpretation. Until recently the orthodox doctrine continued to hold sway (...) despite counter-arguments advanced by David Bohm and others of a realist persuasion. In their view there is no reason to accept the veto on supposing particles to possess simultaneous objective values of position and momentum. That we cannot precisely determine those values has to do with certain well-defined limits on our powers of observation/measurement rather than with any intrinsic ‘strangeness’ about microphysical objects and events. Bohm’s theory perfectly matches the established predictive and empirical results while providing a credible realist ontology that avoids any drastic break with the principles of causal realism and inference to the best, most rational explanation. My article discusses the way that Bohm’s heterodox account was often rejected out of hand by proponents of the Copenhagen doctrine. I also review some recent studies - by Beller, Cushing, and Holland - which have either declared strongly in favour of Bohm or challenged the prevailing bias by offering a historically contextualised account of how the orthodox theory took hold. (shrink)

This first volume in the series traces the development of philosophy over two-and-a-half centuries, from Thales at the beginning of the sixth century BC to the death of Plato in 347 BC.

It is commonly supposed that an utterance of a demonstrative, such as “that”, refers to a given object only if the speaker intends to refer to that object. This paper poses three challenges to this theory. First, the theory threatens to beg the question by defining the content of the speaker’s intention in terms of reference. Second, the theory makes psychologically implausible demands on the speaker. Third, the theory entails that there can be no demonstratives in thought.

A cognitivist account of decision-making views choice behaviour as a serial process of deliberation and commitment, which is separate from perception and action. By contrast, recent work in embodied decision-making has argued that this account is incompatible with emerging neurophysiological data. We argue that this account has significant overlap with an embodied account of predictive processing, and that both can offer mutual development for the other. However, more importantly, by demonstrating this close connection we uncover an alternative perspective on the (...) nature of decision-making, and the mechanisms that underlie our choice behaviour. This alternative perspective allows us to respond to a challenge for predictive processing, which claims that the satisfaction of distal goal-states is underspecified. Answering this challenge requires the adoption of an embodied perspective. (shrink)

The architectural photographer Julius Shulman (1910-2009) is one of the few image makers to have documented, as well as witnessed, nearly an entire century of Los Angeles history.