The question of whether knowledge is definable in terms of belief, which has played an important role in epistemology for the last 50 years, is studied here in the framework of epistemic and doxastic logics. Three notions of definability are considered: explicit definability, implicit definability, and reducibility, where explicit definability is equivalent to the combination of implicit definability and reducibility. It is shown that if knowledge satisfies any set of axioms contained in S5, then it cannot be explicitly defined in (...) terms of belief. S5 knowledge can be implicitly defined by belief, but not reduced to it. On the other hand, S4.4 knowledge and weaker notions of knowledge cannot be implicitly defined by belief, but can be reduced to it by defining knowledge as true belief. It is also shown that S5 knowledge cannot be reduced to belief and justification, provided that there are no axioms that involve both belief and justification. (shrink)

Three notions of definability in multimodal logic are considered. Two are analogous to the notions of explicit definability and implicit definability introduced by Beth in the context of first-order logic. However, while by Beth’s theorem the two types of definability are equivalent for first-order logic, such an equivalence does not hold for multimodal logics. A third notion of definability, reducibility, is introduced; it is shown that in multimodal logics, explicit definability is equivalent to the combination of implicit definability and reducibility. (...) The three notions of definability are characterized semantically using (modal) algebras. The use of algebras, rather than frames, is shown to be necessary for these characterizations. (shrink)

Is there a reason to prevent deontological wrongdoing—an action that is wrong due to the violation of a decisive deontological constraint? This question is perplexing. On the one hand, the intuitive response seems to be positive, both when the question is considered in the abstract and when it is considered with regard to paradigmatic cases of deontological wrongdoing such as Bridge and Transplant. On the other hand, common theoretical accounts of deontological wrongdoing do not entail this answer, since not preventing (...) wrongdoing does not necessarily amount to doing harm or intending harm, for example. The puzzle is reinforced due to the fact that the intuitive response to other cases seems to be different, namely that there is no reason in favour of preventing deontological wrongdoing. This question is thus interesting in itself. It might also shed light on additional questions such as the “paradox of deontology” and the appropriate response to wrongful actions more generally. Yet, despite its importance, this question is typically overlooked. The paper explores this question. (shrink)

Does the moral status of an action provide in itself a non-instrumental, pro-tanto reason for a corresponding legal status – a reason that applies regardless of whether the law promotes a value that is independent of the law, such as preventing wrongdoing or promoting distributive or retributive justice? While the relation between morality and law is a familiar topic, this specific question is typically not considered explicitly. Yet it seems to be controversial and each of the contrasting answers to this (...) question has some appeal. The article highlights and considers this question. it concludes that the answer is negative: there is no necessary relation between morality and law in this respect. Rather, there is a reason in favor of incorporating morality into the law only when this incorporation promotes a moral value that is independent of the law. (shrink)

The article explores the interaction of two, potentially clashing, considerations, each reflecting a different conception of fairness concerning the resolution of interpersonal conflicts. According to the Equal Chance Principle, the harm for each person should be minimized in a significant and (roughly) equal degree; when this is impossible, each person should be accorded the highest possible equal chance to avoid the harm. According to the Importance Principle, the danger to the person who would otherwise suffer the more serious harm should (...) be prevented. (shrink)

There is a controversy as to the moral status of an action in the face of uncertainty concerning a non-moral fact that is morally significant (according to an applicable moral standard): According to the objective conception, the right action is determined in light of the truth, namely the actual state of affairs (regarding the pertinent fact), whereas according to the subjective conception, the right action depends on the epistemic state of the agent, namely her (justified) belief (concerning the pertinent fact). (...) A similar debate concerns the law, with respect to uncertainty regarding a legally significant fact. In this paper, I argue that moral and legal normative concepts are ambiguous and include two aspects: The ideal aspect, which is concerned with the constitutive feature of the normative standard, and the pragmatic aspect, which determines the correct action under uncertainty . With regard to each aspect, a different conception is appropriate: The objective conception should govern the ideal aspect and the subjective conception the pragmatic aspect. And the relevant aspect (and therefore the appropriate conception) depends on the question under consideration regarding the pertinent normative standard: what is its constitutive feature or whether an action is right (according to the applicable normative standard) in the face of uncertainty. (shrink)

In his discussions of dreaming in the Parva Naturalia, Aristotle neither claims nor denies that dreams serve a natural purpose. Modern scholarship generally interprets dreaming as useless and teleologically irrelevant for him. I argue that Aristotle's teleology permits certain types of dream to have a natural role in end-directed processes. Dreams are left-overs from waking experience, but they may, like certain bodily residues, be used by nature, which does ‘nothing in vain’ and makes use of available resources, for the benefit (...) of the beings in which they occur. Contrary to prevalent opinions, Aristotle does not assimilate dreams to sensory illusions and does not hold that they have no interaction with our reasoning capacity. Dreams constitute a special class of the products of phantasia, but this does not prevent them from functioning like other (waking) phantasmata. In Aristotle's view, dreams regularly generate 'natural signs' of diseases and cause waking actions. I show that this preparatory power of dreams, often dismissed or attributed to divine intervention in antiquity, is captured within Aristotle’s natural philosophy, and provides evidence that (some) dreams are (or should be) regarded by him as having a teleological significance. (shrink)

The paper considers a hierarchical theory that combines concern for two values: individual well-being – as a fundamental, first-order value – and (distributive) fairness – as a high-order value that its exclusive function is to complete the value of individual well-being by resolving internal clashes within it that occur in interpersonal conflicts. The argument for this unique conception of high-order fairness is that fairness is morally significant in itself only regarding what matters – individual well-being – and when it matters (...) – in interpersonal conflicts in which constitutive aspects of individual well-being clash. Consequently, the proposed theory is not exposed to claim that fairness comes at the expense of welfare. This theory is considered within a consequential framework, based on the standard version and, alternatively, on a novel interpretation of consequentialism. Thus, it refutes the claim that consequentialism does not take the distinction between persons seriously. (shrink)

In this comment I consider Jack Balkin’s general argument for his method of constitutional interpretation – the question of why interpret (the United States Constitution) in this way (as presented in his book Living Originalism). I contrast this question with the way in which the conclusion of this argument should be implemented with regard to specific clauses – the question of how to interpret (the United States Constitution). While the former question is concerned with the general form of the argument, (...) the latter is concerned with a substantiation of one premise in the argument. (shrink)

The two center time dependent Dirac equation, for an electron in the external field of two colliding ultrarelativistic heavy ions is considered. In the ultrarelativistic limit, the ions are practically moving at the speed of light and the electromagnetic fields of the ions are confined to the light fronts by the extreme Lorentz contraction and by the choice of gauge, designed to remove the long-range Coulomb effects. An exact solution to the ultrarelativistic limit of the two-center Dirac equation is found (...) by using light-front variables and a light-fronts representation. Previously unexplained experimental results obtained at CERN's SPS are explained in this way and predictions are made as to where one should look, in momentum space, and in space-time, if one wants to study and observe non-perturbative electromagnetic pair-production effects in extremely relativistic heavy-ion collisions. (shrink)

The question of whether a mistake of law should negate or mitigate criminal liability is commonly considered to be pertinent to the culpability of the agent, often examined in light of the (epistemic) reasonableness of the mistake. I argue that this view disregards an important aspect of this question, namely whether a mistake of law affects the rightness of the action, particularly in light of the moral significance of the mistake. I argue that several plausible premises, regarding moral rightness under (...) uncertainty, the nature of law and the moral significance of law, entail a positive answer to this question. Specifically, I consider this argument: (1) one (subjective) sense of moral rightness depends on the (epistemically justified) belief of the agent concerning a non-moral fact that is morally significant; (2) a law is (partly) a non-moral fact; (3) a legal fact might be morally significant; (4) therefore an action that is compatible with an applicable moral standard, in light of the mistaken (justified) belief of the agent concerning a morally significant law, is (subjectively) right or less wrongful; (5) the (subjective) moral rightness of an action counts against criminal liability for this action; (6) therefore an action that is compatible with the applicable moral standard, in light of the mistaken (epistemically justified) belief of the agent, counts against criminal liability for the action if the law is morally significant. (shrink)

Consider a terrible situation that too many women find themselves in: 85,000 women are raped in England and Wales alone every year. Many of these women do not bring their cases to trial. There are multiple reasons that they might not want to testify in the courts. The incredibly low conviction rate is one. Another reason, however, might be that these women do not want the fact that they were raped to become the most salient thing about them. More specifically, (...) they do not want it to be the thing that others attend to the most—that others find most noticeable and memorable. In this paper, I introduce the notion of ‘harmful salience perspectives’ to help to explain this and related phenomena. This refers either to attention on things that should not be salient, or not enough attention on things that deserve to be made salient. Following ideas within the feminist literature on objectification, I argue that we can be harmed when aspects of our identity that do not reflect our personhood—our agency, rationality, personality, and so on—are more prominent in the minds of others than aspects that do reflect our personhood. Crucially, these ways of attending do not need to implicate false beliefs and harmful ideologies to be harmful, but can be harmful in their own right. (shrink)

The general assumption that underlines Richard Posner’s argument in his book Not a Suicide Pact is that decisions concerning rights and security in the context of modern terrorism should be made by balancing competing interests. This assumption is obviously correct if one refers to the most rudimentary sense of balancing, namely, the idea that normative decisions should be made in light of the importance of the relevant values and considerations. However, Posner advocates a more specific conception of balancing, both substantively (...) and institutionally. Substantiality, he argues for balancing based on a consequential moral theory that rejects the ideas of deontological rights and particularly absolute or very weighty deontological rights. More specifically, it seems that Posner assumes a utilitarian theory that also rejects intrinsic concern for distributive justice. Institutionally, Posner argues that this method of reasoning should be adopted by judges when interpreting the constitution. These substantive and institutional background assumptions are of course controversial, but I do not dispute them in this Article. My critique concerns Posner’s conclusions based on these assumptions. Posner’s main claim is that given the magnitude of the danger of modern terrorism, even a small probability that an act of terror may occur justifies extreme anti-terror measures. While the general idea that even a slight risk of very serious harm justifies significant cost is plausible, I doubt Posner’s assumptions regarding the cost of various means of preventing these dangers, his claim that judicial review in this context should be very limited, and his suggestion of an absolute formal prohibition that is not strictly enforced in the context of measures such as interrogational torture. (shrink)

"Freedom of expression" is a complex notion that reflects various considerations and raises many questions related to their content and interaction. This paper is an abstract of a book that considers general aspects regarding the justification and the limits of freedom of expression and analyzes exiting law in light of this normative discussion. Particularly, it considers the way to determine the proper scope of freedom of expression; first-order and second-order considerations in favor and against freedom of expression, both in general (...) and regarding central specific kinds of expressions; and possible ways to normatively regulate the field of expressions - in particular to restrict expressions, primarily by law - and specifically the common view that subsequent punishment for an expression is generally preferable to prior restraint of an expression. (shrink)

Justificatory defenses apply to actions that are generally wrong and illegal—mainly since they harm people—when they are justified—usually since they prevent harm to others. A strict conception of justification limits justificatory defenses to actions that reflect all pertinent principles in the optimal manner. A more relaxed conception of justification applies to actions that do not reflect all pertinent principles optimally due to mistake but are not too far from this optimum. In the paper, I consider whether justificatory defenses should reflect (...) the strict conception of justification or a more relaxed conception of justification. This question is important since often the relevant actions are not strictly justified, while the alternative of an excuse is frequently irrelevant or does not provide an appropriate solution. Reflection on this question raises the following dilemma: On the one hand, the strict interpretation seems too harsh, especially with regard to legal liability. On the other hand, it is difficult to explain the basis for a more relaxed conception of justification. I conclude, first, that justification—and accordingly wrongfulness—is a matter of degree and that the strictly justified action is merely the peak of a continuum, and, second, that a practical reaction is in place only with regard to actions whose wrongness is above a minimal threshold. (shrink)

One of the central normative questions regards a decision between conflicting moral values. A decision of this nature is often required in disciplines such as philosophy, economics and law. According to common terminology, a decision between conflicting values reflects a balance of values, considerations or interests. Several types of questions arise in this context. One category includes substantive questions: which values exist, which considerations should be derived from these values, what is the degree of importance of these considerations, and which (...) principles should be established for deciding between conflicting considerations? Another category includes institutional questions: which individual or body should decide normative questions, and should the normative nature of the decision be manifest or concealed? This paper is an abstract of a book that considers general aspects concerning these questions. (shrink)

This is Re'em Segev's contribution to the symposium on Douglas Husak's book "Overcriminalization.".

Aristotle is a severe critic of traditional religion, believing it to be false, yet he also holds that traditional religion and its institutions are necessary if any city, including the ideal city he describes in the Politics, is to exist and flourish. This book provides, for the first time, a coherent account of the socio-political role which Aristotle attributes to traditional religion despite his rejection of its content. Mor Segev argues that Aristotle thinks traditional religion is politically necessary because (...) it prepares the ground for what he considers the pinnacle of human endeavor: attaining the knowledge of first philosophy, whose objects are real beings worthy of being called gods. Developing this interpretation, Segev goes on to analyze Aristotle's references to the myths of traditional Greek religion, and to assess his influence on medieval Jewish and Christian theology and philosophy of religion. (shrink)

What is the spirit that animates collective action? What is the ethos of democracy? _Worldly Ethics _offers a powerful and original response to these questions, arguing that associative democratic politics, in which citizens join together and struggle to shape shared conditions, requires a world-centered ethos. This distinctive ethos, Ella Myers shows, involves care for "worldly things," which are the common and contentious objects of concern around which democratic actors mobilize. In articulating the meaning of worldly ethics, she reveals the (...) limits of previous modes of ethics, including Michel Foucault's therapeutic model, based on a "care of the self," and Emmanuel Levinas's charitable model, based on care for the Other. Myers contends that these approaches occlude the worldly character of political life and are therefore unlikely to inspire and support collective democratic activity. The alternative ethics she proposes is informed by Hannah Arendt's notion of _amor mundi_, or love of the world, and it focuses on the ways democratic actors align around issues, goals, or things in the world, practicing collaborative care for them. Myers sees worldly ethics as a resource that can inspire and motivate ordinary citizens to participate in democratic politics, and the book highlights civic organizations that already embody its principles. (shrink)

Criminal prohibitions typically forbid harming people. Justificatory defenses, such as lesser evil, justifying necessity and justifying self-defense, provide exceptions to such prohibitions if certain conditions are met. One common condition is that the agent is not responsible for the conflict. The questions whether justificatory defenses should include such a condition, and if so what should be its content, are controversial. I argue that responsibility for a conflict counts against protecting the responsible person at the expense of a non-responsible or a (...) less-responsible person, but that this consideration is not necessarily decisive but rather might be outweighed by another consideration, for example, in favor of preventing the more serious harm. I conclude that responsibility for the conditions of justificatory defenses raises a unique question whose proper resolution should be based on the interaction of several general considerations. (shrink)

One theme in complaints from those with marginalized social identities is that they are seen primarily in terms of that identity. Some Black artists, for instance, complain about being seen as Black first and artists second. These individuals can be understood as objecting to a particularly subtle form of morally problematic attention: “relative attentional surplus on the wrong property.” This attentional surplus can coexist with another type of common problematic attention affecting these groups, including attentional deficits; marginalized individuals and groups (...) themselves are routinely insufficiently attended to in virtue of the surplus attention given to their social identity properties. (shrink)

"This book examines the longstanding debate between philosophical optimism and pessimism in the history of philosophy, focusing on Aristotle, Maimonides, Spinoza, Schopenhauer, Nietzsche and Camus. Philosophical optimists maintain that the world is optimally arranged and is accordingly valuable, and that the existence of human beings is preferable over their nonexistence. Philosophical pessimists, by contrast, hold that the world is in a woeful condition and ultimately valueless, and that human nonexistence would have been preferable over our existence. Schopenhauer criticizes the optimism (...) he locates in the Hebrew Bible and in Spinoza for being unable to square the presumed perfection of the world and its parts, including human life, with the suffering and misfortunes observable in them, and for leading to egoism and thereby to cruelty. Nietzsche, in turn, criticizes Schopenhauer's overtly pessimistic view, inter alia, for furtively positing a perfect state for one to aspire to, thus being latently optimistic. Similarly, Camus charges Nietzsche, who announces his rejection of both optimism and pessimism, with deifying the world and oneself, thereby reverting to optimism. Interestingly, Aristotle countenances an optimistic theory, later adopted and developed by Maimonides, that is arguably capable of facing Schopenhauer's challenge. Aristotelian optimism accounts for the perfection of the world in terms of a hierarchy of value between its parts, with human beings ranked relatively low, and recommends an attitude congruent with that ranking"--. (shrink)

This is an introduction to the special issue on criminal law theory.

Learning to adapt to the new set of conditions that confound behavioral standards was made possible by the pandemic-driven change in the school system. Due to these conditions and the COVID-19 pandemic, students may experience behaviors like social media addiction and social anxiety that may affect their well-being or happiness. Thus, this study aims to investigate the effects of social media addiction and social anxiety on the happiness of tertiary students amidst the COVID-19 pandemic. The study was conducted on 316 (...) first-year college students utilizing Google forms to disseminate questionnaires. After utilizing Bergen Social Media Addiction Scale, Social Anxiety Scale, and Oxford Happiness Questionnaire, it was found that social media addiction (β = -0.30, p<.00) and social anxiety (β = -0.003, p<.00) has a significant negative effect on happiness. Therefore, the study recommended and designed a student wellness program that provides a range of recreational, healthimproving, self-esteem-boosting, and relationship-strengthening activities for students in order to mitigate the negative effects of problematic social media usage and social anxiety that negatively effect their happiness. (shrink)

Recent scandals allegedly linked to CEO compensation have brought executive compensation and perquisites to the forefront of debate about constraining executive compensation and reforming the associated corporate governance structure. We briefly describe the structure of executive compensation, and the agency theory framework that has commonly been used to conceptualize executives acting on behalf of shareholders. We detail some criticisms of executive compensation and associated ethical issues, and then discuss what previous research suggests are likely intended and unintended consequences of some (...) widely proposed executive compensation reforms. We explicitly discuss the following recommendations for reform: require greater independence of compensation committees, require executives to hold equity in the corporation, require greater disclosure of executive compensation, increase institutional investor involvement in corporate governance (including executive compensation), and require firms to expense stock options on their income statements. We provide a brief summary discussion of ethical issues related to executive compensation, and describe possible future research. (shrink)

The article explores the Israeli Supreme Court main judgment regarding the legality of the use of special interrogation methods in order extract information concerning future acts of terror. The Judgment's main conclusion was that while there might be a justification for using exceptional interrogation measures in order to save lives, based on the concept of lesser evil as embedded in the criminal defense of necessity, the government is nevertheless not authorized to use such means in the absence of explicit legislation (...) to that effect. The article presents and evaluates the Judgment, particularly the relation between the substantive moral questions involved and the aspect of authorization. (shrink)

Quantal penetration through a (stationary) one-dimensional potential barrier is considered as a time evolution of an initially prepared wave packet. The large-time asymptotics of the process is concerned. Locality of the potential imposes certain analytical properties of the interaction amplitudes in the energy representation. The results are presented in terms of development of the phase-space (Wigner's) quasi-distribution. The phase-space evolution kernel is constructed, and it is shown that in the presence of a positive potential no part of the distribution is (...) transported faster than the free particle. For the case of a small initial momentum uncertainty, the deformation of the coordinate density is considered, including a possible advance of its maximum, which would not mean any noncausal signal transport. (shrink)

The subject of this study is the justification for limiting negative expression directed at the government: its institutions and public officials, in order to preserve public faith in government. This paper is an abstract of a book that considers this question. The conclusion is that since the value of speech concerned with the performance of government is very high and the interest in protecting the status of government is limited and typically not substantial, there is generally no justification for legal (...) restrictions of this kind. (shrink)

What is the appropriate division of power between public officials and private individuals? The straightforward answer to this question, it seems, is that an official should have a power if she employs it (morally) better compared to a private individual. However, Alon Harel argues that this answer is misguided, or at least partially, since there are some decisions—mainly concerning the employment of violence—that should be made and implemented only by public officials regardless of the (relative) moral quality of the decision (...) or action. In this comment I consider and criticize this argument. (shrink)

This paper offers a new reading of Hume’s much discussed Dialogues Concerning Natural Religion (1779/2000) which shows that, in contrast to what commentators tend to ascribe to Hume, the crux of the text is not epistemological-ontological – that is, not the arguments in favour of and against God’s existence – but moral. It is shown that, although most of the epistemologicalontological pro-and-contra arguments are quite weak, Hume’s interlocutors nevertheless cling to their theses from beginning to end, with the reason for (...) their dogmatism shown to be moral rather than epistemological-ontological. The paper is divided into four sections. The introduction to the argument is followed by a discussion of Hume’s rejection of substance as epistemologicallyontologically superfluous and as morally bad. Thereafter, it is first shown how the concept of a transcendental God undergoes deflation and consequently disappears. It is then shown that, even though their arguments are wrong, Cleanthes and Philo cling dogmatically to their starting points instead of trying to improve their claims and to rebuff the criticisms made against them. In conclusion, it is shown that the only way to account for their dogmatic inflexibility is in terms of their moral position: Cleanthes thinks that society and morals will collapse without the belief in a transcendental God, while Philo thinks it will function better if we discard this belief. Indo-Pacific Journal of Phenomenology , September 2008, Volume 8, Edition 2. (shrink)

This book explores the phenomenon of the Third Reich from a philosophical perspective. It concentrates on the ways in which the subjects and experiences of Nazi Germany, the Holocaust and Anti-Semitism are conceived by eight German thinkers from the Continental tradition. These eight intellectuals include Martin Heidegger, Hannah Arendt, Karl Löwith, Carl Schmitt, Ernst Jünger, Jean Améry, Hans-Georg Gadamer, and Jan Assmann. Based on careful philosophical examinations of both known and unknown texts of these eight thinkers (including an English translation (...) of two forgotten texts by Schmitt and Jünger), this study exposes and then explores the tension between ideology and philosophy, between submission to authority and genuine critical thinking, all of which constitute the essence of the Continental philosophical tradition. This title was made Open Access by libraries from around the world through Knowledge Unlatched.--Provided by publisher. (shrink)

W.E.B. Du Bois’s reading of whiteness as a “public and psychological wage” is enormously influential. This essay examines another, lesser known facet of Du Bois’s account of racialized identity: his conceptualization of whiteness as dominion. In his 1920–1940 writings, “modern” whiteness appears as a proprietary orientation toward the planet in general and toward “darker peoples” in particular. This “title to the universe” is part of chattel slavery’s uneven afterlife, in which the historical fact of “propertized human life” endures as a (...) racialized ethos of ownership. The essay examines how this “title” is expressed and reinforced in the twentieth century by the Jim Crow system of racial signs in the United States and by violent “colonial aggrandizement” worldwide. The analytic of white dominion, I argue, allows Du Bois to productively link phenomena often regarded as discrete, namely, domestic and global forms of white supremacy and practices of exploitation and dispossession. Ultimately, the entitlement Du Bois associates with whiteness is best understood as a pervasive, taken-for-granted horizon of perception, which facilitates the transaction of the “wage” but is not reducible to it. (shrink)

According to an influential and intuitively appealing argument, morality is usually continuous, namely, a gradual change in one morally significant factor triggers a gradual change in another; the law should usually track morality; therefore, the law should often be continuous. This argument is illustrated by cases such as the following example: since the moral difference between a defensive action that is reasonable and one that is just short of being reasonable is small, the law should not impose a severe punishment (...) when the action is almost reasonable and no punishment at all when the action is reasonable. In this Article, I consider two doubts regarding this argument. First, the premise that morality is continuous in such cases is incompatible with the common view that the moral status of actions is not continuous since there is an important difference between actions that are permissible and actions that are wrong— even if this difference is due to a difference that is very small, such as the one between an action whose consequences are the best and an action whose consequences are just slightly less good. This view extends also to the overall moral status of agents given the common assumption that it depends on the moral status of their actions. This is an important challenge that the Continuity Argument should confront. However, I argue that the best account of morality is more scalar than the common view in these respects. Therefore, I conclude that the first premise of the Continuity Argument is correct in this regard, although it is based on a minority view. The second doubt concerns the scope of the second premise: since there are reasons both in favor and against legal continuity, and the applicability and force of these reasons depend not only on various moral propositions but also on contingent non-moral facts, we often lack the evidence to determine the degree to which the law, at a certain place and time, should be continuous, and specifically that it should often be continuous. (shrink)

According to influential view, using the criminal law against innocent actions or agents is wrong. In this paper, I consider four related arguments against this view: a debunking argument that suggests that the intuitive appeal of this view may be due to a conflation of different ideas; a counterexamples argument that points out that there are many cases in which using the criminal law against innocent actions ("non mala" actions that are not even "mala prohibita") or agents is justified; a (...) theoretical argument, according to which the force of the reasons for and against using the criminal law is a matter of degree and it is therefore implausible to hold that the latter always defeat the former; and an analogy argument, which holds that it is implausible to maintain that harming innocents is often justified in other contexts but (almost) never in the context of the criminal law. (shrink)

Aristotle does not explicitly state how it is that one should ideally relate to the true gods of his metaphysics, like the prime mover. He does, however, speak of an unreciprocated relationship of friendship between humans and such gods. I argue that Aristotle’s conception of the magnanimous person sheds light on that relationship. The magnanimous person, who is a philosopher, devalues humanity and devotes her life and efforts to the divine. Thus, contrary to some scholars, Aristotle’s conception of magnanimity resembles (...) quite closely the ideals of humility and even “lowliness of spirit” presented by Aristotelian medieval thinkers such as Moses Maimonides. Aristotle’s endorsement of total devotion to the divine seems to go against the natural tendency of organisms to further their own lives and species. Nevertheless, I argue that this recommendation is consistent with his teleological view of nature. (shrink)

Whenever we communicate, we inevitably have to say one thing before another. This means introducing particularly subtle patterns of salience into our language. In this paper, I introduce ‘order-based salience patterns’, referring to the ordering of syntactic contents where that ordering, pretheoretically, does not appear to be of consequence. For instance, if one is to describe a colourful scarf, it wouldn’t seem to matter if one were to say it is ‘orange and blue’ or ‘blue and orange’. Despite their apparent (...) triviality, I argue that order-based salience patterns tend to make the content positioned first more salient – in the sense of attention-grabbing – in a way that can have surprising normative implications. Giving relative salience to gender differences over similarities, for instance, can result in the activation of cognitively accessible beliefs about gender differences. Where those beliefs are epistemically and/or ethically flawed, we can critique the salience pattern that led to them, providing an instrumental way of evaluating those patterns. I suggest that order-based salience patterns can also be evaluated on constitutive grounds; talking about gender differences before similarities might constitute a subtle form of bias. Finally, I reflect on how the apparent triviality of order-based salience patterns in language gives them an insidious strength. (shrink)

Sometimes, a form of discrimination is hard to register, understand, and articulate. A rich precedent demonstrates how victim testimonies have been key in uncovering such “hidden” forms of discrimination, from sexual harassment to microaggressions. I reflect on how this plausibly goes too for “attentional discrimination”, referring to cases where the more meaningful attributes of one social group are made salient in attention in contrast to the less meaningful attributes of another. Victim testimonies understandably dominate the “context-of-discovery” stage of research into (...) these initially opaque forms of discrimination; a victim’s encounter with the gap between their experience and dominant conceptual frameworks for understanding it is what provides an initial foothold for analysis to begin. Some object, however, to this methodology continuing to dominate the later “context-of-justification” stage, where the hypothesis is rigorously challenged. I argue that this objection underestimates not just how other methodologies are more likely to inherit the various mechanisms of invisibility hiding the discrimination in question, but also how victim testimonies are distinctively well-suited to recognize and challenge those mechanisms. Victim testimonies, then, ought to continue playing a dominant role into these later stages of research regarding hidden forms of discrimination. (shrink)

Rancière’s political thought is the object of growing fascination, particularly as a lens through which to interpret contemporary political protests, yet his conception of axiomatic equality remains unexamined. This article investigates Rancière’s account of equality as a ‘presupposition’, showing that an axiom of equality guides momentary acts of resistance, but also serves as a ‘necessary and sufficient condition’ of all societies, however hierarchical. Although this account holds some appeal, I argue that it restricts equality to two, not especially satisfying possibilities: (...) a temporary revelation or a hidden secret. This rendering of axiomatic equality is symptomatic of Rancière’s general hostility toward institutional politics. Because Rancière tends to depict ‘institutions’ per se as oppressive, equality is positioned ‘outside’ the socio-political order – as its fleeting interruption or disavowed condition of possibility. I argue, on the contrary, that a radically egalitarian politics today should affirm a practice-centered project of institution-building. (shrink)

Name der Zeitschrift: Rhizomata Jahrgang: 5 Heft: 2 Seiten: 177-209.

Discrimination is a central moral and legal concept. However, it is also a contested one. Particularly, accounts of the wrongness of discrimination often rely on controversial and particular assumptions. In this paper, I argue that a theory of discrimination that relies on premises that are very general (rather than unique to the concept of discrimination) and widely accepted provides a plausible (exhaustive) account of the concept of wrongful discrimination. According to the combined theory, wrongful discrimination consists of allocating a benefit (...) that is not supported by a morally significant fact (a valid reason), or in a way that involves distributive injustice, or both. (shrink)

Schopenhauer shares with Spinoza the basic idea that “the world exists by its own inner power and through itself”. Spinoza's system, Schopenhauer maintains, elaborately captures the observation, at the core of both pantheism and Schopenhauer's own theory, that all experienced phenomena share a single metaphysical substratum, and that in this sense everything is one. Any view or system of thought upholding optimism must confront the challenge of accounting for those features of the world that appear to be less than optimal. (...) For Schopenhauer, Judaism is committed to the goodness of the world given its creation by a personal God. It has been suggested that Schopenhauer ought not to criticize the rejection of personal immortality, since he himself thinks individual lives are perishable. Apart from the theoretical problems that Schopenhauer locates in maintaining optimism, he also takes issue with its practical implications. (shrink)

This paper examines one strand of the ‘turn to ethics’ in recent political theory by engaging with Michel Foucault's late work on ‘the care of the self.’ For contemporary thinkers interested in how democratic politics might be guided, informed, or vivified by particular ethical orientations, Foucault's inquiry into ancient ethics has proved intriguing. Might concentrated ‘work on the self’ contribute to efforts to resist and remake present-day power relations? This paper endeavors to raise doubts about the Foucauldian inspired view, which (...) regards a reflexive relation of the self to itself as a privileged site for critically engaging with existing configurations of power. To do so, I offer a close reading of Foucault's scholarship that examines his work on ethics together with his well-known theory of power. I demonstrate that Foucault's distinctive theory of power, if read carefully, alerts us to the limits of the care of the self as a strategy for making power relations more equitable, open, and responsive to democratic constituencies. As I show, disciplinary power and biopower target collectivities by ‘individualizing’ and ‘massifying,’ respectively, and thereby diminishing the potential ‘counter-power’ generated by pluralistic association. If this dimension of Foucault's thought is appreciated, the ‘care of the self’ appears as a very limited resource for challenging these de-politicizing effects. Yet this paper also draws on Foucault's thought in order to stress the importance of re-orienting debates concerning the relationship between ethics and politics toward associative rather than reflexive practices of freedom. (shrink)