A recurrent issue in the vast amount of literature on reasoning models in ethics is the role and nature of moral intuitions. In this paper, we start from the view that people who work and live in a certain moral practice usually possess specific moral wisdom. If we manage to incorporate their moral intuitions in ethical reasoning, we can arrive at judgements and (modest) theories that grasp a moral experience that generally cannot be found outside the practice. Reflective equilibrium (RE) (...) provides a framework for balancing moral intuitions, ethical principles and general theories. Nevertheless, persisting problems associated with the use of intuitions need to be addressed. One is the objection that moral intuitions lack the credibility necessary to guide moral reasoning. Ethicists have tried to solve this problem by formulating criteria to separate the “bad” intuitions from the “good” ones at the beginning of the reasoning process. We call this the credible input-justified outcome strategy. An example is the appeal to the common morality by Beauchamp and Childress. We think this approach is unsuccessful. As an alternative, we outline the good reasoning-justified outcome strategy. It connects to a variant of RE in which intuitions from different sources are incorporated. We argue that the elements of RE have different levels of justificatory power at the start of reasoning. In our strategy, each element can gain or lose justificatory power when it is tested in a reasoning process that meets several criteria. (shrink)

This paper adopts justificatory moral pluralism – a multilevel framework for justifying the choice by different agents of the most appropriate norms and values to guide their decisions and actions – to climate change. Its main objective is to investigate how ethics may effectively help achieve a better result in deciding how to mitigate, adapt, or compensate by enhancing the moral acceptability of the available policies or actions that are most likely to counter the effects of climate change. JMP (...) presents agents – individuals, nonstate, and state – with a thorough yet flexible process of matching policies and actions with ethical theories, raising the robustness of moral reasons for politically efficient and individually motivating courses of action against climate change. JMP triggers climate responsibility and sensibility in agents, engaging them in discussing and finding out individually and collectively the most acceptable paths for the decarbonisation transition that is fast approaching. (shrink)

In this essay, two different forms of debunking arguments are distinguished. On the type of debunking argument that I will promote, one attempts to undercut the justificatory status of a belief by showing that the belief was formed by an epistemically defective psychological process. I argue that there is a promising application of such a process debunking argument in metaethics. In normative ethics, however, process debunking arguments face greater obstacles.

The starting point of this paper is Thomas Reid's anti-skepticism: our knowledge of the external world is justified. The justificatory process, in his view, starts with and relies upon one of the main faculties of the human mind: perception. Reid's theory of perception has been thoroughly studied, but there are some missing links in the explanatory chain offered by the secondary literature. In particular, I will argue that we do not have a complete picture of the mechanism of (...) perception of bodies. The present paper, relying, in part, on a particular theory in psychology – the feature integration theory of attention – will make a contribution in this regard. (shrink)

Taking the inspiration from some points made by Scott Sturgeon and Albert Casullo, I articulate a view according to which an important difference between undermining and overriding defeaters is that the former require the subject to engage in some higher-order epistemic thinking, while the latter don’t. With the help of some examples, I argue that underminers push the cognizer to reflect on the way she formed a belief by challenging the epistemic worthiness of either the source of justification or the (...) specific justificatory process. By contrast, overriders needn’t pose any such challenge. I also consider some problems for the proposed view, and I put forward some possible solutions. Finally, I provide some details on how undermining defeat works in different cases. (shrink)

In a recent paper titled “Content Preservation”, Tyler Burge argues that certain psychological processes play a purely preservative role, and not a justificatory role. Burge’s claim is that the justificatory force of the beliefs sustained by these processes is independent of features of these processes, such as their reliability. The function of these psychological processes is merely to preserve the beliefs in order to “assure the proper working of other cognitive capacities over time”. In particular, Burge claims that (...) the memory processes underlying deductive reasoning and the psychological processes underlying verbal communication are purely preservative. (shrink)

Public reason liberals disagree about the relationship between public justification and deliberative democracy. My goal is to argue against the recent suggestion that public reason liberals seek a ‘divorce’ from deliberative democracy. Defending this thesis will involve discussing the benefits of deliberation for public justification as well as revisiting public reason’s standard Rawlisan restraint requirement. I criticize Kevin Vallier’s alternative convergence-based principle of restraint and respond to the worry that the standard Rawlsian restraint requirement reduces the likelihood of public justification (...) by limiting the diversity of inputs into the justificatory process. (shrink)

Reflective equilibrium —the idea that we have to justify our judgments and principles through a process of mutual adjustment—is taken to be a central method in philosophy. Nonetheless, conceptions of RE often stay sketchy, and there is a striking lack of explicit and traceable applications of it. This paper presents an explicit case study for the application of an elaborate RE conception. RE is used to reconstruct the arguments from Thomson’s paper “Turning the Trolley” for why a bystander must (...) not divert a runaway trolley from five workmen onto one. Analyzing Thomson’s resulting position with the RE-criteria has two main results: Firstly, the adjustment of one of her commitments can be defended. Secondly, no justified position in RE was reached. With respect to RE as a method, the main results from this application are: There is at least one conception of RE that is sufficiently specified to be applicable; the RE criteria put real constraints on the process of justification; and an explicit application of RE has benefits in terms of clarity while at the same time providing guidance for how the justificatory process could be continued. (shrink)

the issue of liberal neutrality, a topic suggested by the work of Catharine MacKinnon. I discuss two kinds of neutrality: neutrality at the level of justifying liberalism itself, and state neutrality in political decision-making. Both kinds are contentious within liberal theory. Rawls’s argument for justice as fairness has been criticized for non-neutrality at the justificatory level, a problem noted by Rawls himself in Political Liberalism . I will defend a qualified account of neutrality at the justificatory level, taking (...) an epistemic approach to argue for the exclusion of certain doctrines from the justificatory process. I then argue that the justification process I describe offers a justificatory stance supportive of the feminist rejection of state-sponsored gender hierarchy. Further, I argue that liberal neutrality at the level of political decision-making will have surprising implications for gender equality. Once the extent of the state’s involvement in the apparently private spheres of family and civil society is recognized, and the disproportionate influence of a sexist conception of the good on those structures—and concomitant promotion of that ideal—is seen, state neutrality implies substantive change. While—as Susan Moller Okin avowed—Rawls himself may have remained ambiguous on how to address gender inequality, his theory implies that the state must seek to create substantive, not merely formal, equality. I suggest that those substantive changes will not conflict with liberal neutrality but instead be required by it. (shrink)

Articulating the public's widespread unease about animal biotechnology has not been easy, and the first attempts have not been able to provide an effective tool for navigating the moral permissibility of this research. Because these moral intuitions have been difficult to cash out, they have been belittled as representing nothing more than fear or confusion. But there are sound philosophical reasons supporting the public's opposition to animal biotechnology and these arguments justify a default position of resistance I call the Presumption (...) of Restraint . The Presumption of Restraint constitutes a justificatory process that sets out the criteria for permitting or rejecting individual biotechnology projects. This Presumption of Restraint can be overridden by compelling arguments that speak to a project's moral and scientific merit. This strategy creates a middle-of-the-road stance that can embrace particular projects, while rejecting others. The Presumption of Restraint can also serve as a model for assessing moral permissibility in other areas of technological innovation. (shrink)

Intuition-based argumentation is ubiquitous across most philosophical subfields. Moral and political philosophers in particular frequently justify normative principles on the basis of thought experiments that evoke judgments about specific (hypothetical) cases. Lately, however, intuitions have come under attack and their justificatory force is being questioned. This essay asks whether we can acknowledge the epistemic fallibility of intuitions, while nevertheless reaching reliable normative conclusions. To that effect I investigate three different strategies of relating specific intuitions and more general normative principles: (...) the intuitionist, coherentist, and foundationalist methods. Showing that none of them succeeds in making up for the problematic epistemic status of intuitions in the justificatory process, I conclude that normative principles are unreliable to the extent that they are based on thought-experiments. (shrink)

Articulating the public's widespread unease about animal biotechnology has not been easy, and the first attempts have not been able to provide an effective tool for navigating the moral permissibility of this research. Because these moral intuitions have been difficult to cash out, they have been belittled as representing nothing more than fear or confusion. But there are sound philosophical reasons supporting the public's opposition to animal biotechnology and these arguments justify a default position of resistance I call the Presumption (...) of Restraint. The Presumption of Restraint constitutes a justificatory process that sets out the criteria for permitting or rejecting individual biotechnology projects. This Presumption of Restraint can be overridden by compelling arguments that speak to a project's moral and scientific merit. This strategy creates a middle-of-the-road stance that can embrace particular projects, while rejecting others. The Presumption of Restraint can also serve as a model for assessing moral permissibility in other areas of technological innovation. (shrink)

Reasonable individuals often share a rationale for a decision but, in other cases, they make the same decision based on disparate and often incompatible rationales. The social contract tradition has been divided between these two methods of solving the problem of social cooperation: must social cooperation occur in terms of common reasoning, or can individuals with different doctrines simply converge on shared institutions for their own reasons? For Hobbes, it is rational for all persons, regardless of their theological beliefs, to (...) consent to the sovereign's power. But for Locke, only Protestants with a shared theology could be party to the social contract. Rousseau thought that private reasons are not part of the general will, and in Kant's hypothetical contract, pure noumena reach common principles for the social order through the same reasoning process. In A Theory of Justice, John Rawls agreed with Rousseau and Kant: selecting the principles of justice requires modeling parties to the original position as having identical reasons. But in Political Liberalism, Rawls embraced the idea of an overlapping consensus, which accords distinct reasons justificatory force. (shrink)

Contemporary epistemologists typically define a priori justification as justification that is independent of sense experience. However, sense experience plays at least some role in the production of many paradigm cases of a priori justified belief. This raises the question of when experience is epistemically relevant to the justificatory status of the belief that is based on it. In this paper, I will outline the answers that can be given by the two currently dominant accounts of justification, i.e. evidentialism and (...) reliabilism. While for the evidentialist, experience is epistemically relevant only if it is used as evidence, the reliabilist requires that the reliability of the relevant process depends on the reliability of experiential processes. I will argue that the reliabilist account accommodates our pre-theoretic classifications much better. In the final part of my paper I will use the reliabilist criterion to defend the a priori—a posteriori distinction against recent challenges by Hawthorne and Williamson. (shrink)

This paper explicates an account of argumentative rationality by articulating the common, basic idea of its nature, and then identifying a collection of assumptions inherent in it. Argumentative rationality is then contrasted with dual-process theories of reasoning and rationality prevalent in the psychology of reasoning. It is argued that argumentative rationality properly corresponds only with system-2 reasoning in dual-process theories. This result challenges the prescriptive force of argumentative norms derives if they derive at all from their descriptive accuracy (...) of our cognitive capacities. In response, I propose an activity-based account of reasoning which retains the assumptions of argumentative rationality while recontextualizing the relationship between reasoning as a justificatory activity and the psychological states and processes underlying that activity. (shrink)

This paper provides a justificatory rationale for recommending the inclusion of imagined future use cases in neurotechnology development processes, specifically for legal and policy ends. Including detailed imaginative engagement with future applications of neurotechnology can serve to connect ethical, legal, and policy issues potentially arising from the translation of brain stimulation research to the public consumer domain. Futurist scholars have for some time recommended approaches that merge creative arts with scientific development in order to theorise possible futures toward which (...) current trends in technology development might be steered. Taking a creative, imaginative approach like this in the neurotechnology context can help move development processes beyond considerations of device functioning, safety, and compliance with existing regulation, and into an active engagement with potential future dynamics brought about by the emergence of the neurotechnology itself. Imagined scenarios can engage with potential consumer uses of devices that might come to challenge legal or policy contexts. An anticipatory, creative approach can imagine what such uses might consist in, and what they might imply. Justifying this approach also prompts a co-responsibility perspective for policymaking in technology contexts. Overall, this furnishes a mode of neurotechnology’s emergence that can avoid crises of confidence in terms of ethico-legal issues, and promote policy responses balanced between knowledge, values, protected innovation potential, and regulatory safeguards. (shrink)

This paper offers an account of the important role which an obligation to provide reasons can play in avoiding some of the systematic difficulties encountered in the theory of rational social choice. The paper builds on some of the insights offered by theories of structure-induced equilibrium. It argues that the obligation to provide reasons for certain choices, reasons which must be articulated and structured around a set of generally shared and publicly comprehensible categories of thought, can serve to make the (...) space of possible choices "concept-sensitive" in a very useful way. Concept-sensitivity has the effect of restricting certain movements within the choice space so that some of the difficulties for achieving an equilibrium in social choice, difficulties which arise out of an excess of rational doing, are avoided. The resulting equilibrium is path dependent, of course, but because it is dependent on a choice path which "makes sense" (or is ordered by thought precisely because it is concept-sensitive), it is not the sort of arbitrary path dependent social choice which was of such concern to Kenneth Arrow in his original Nobel prize winning work. The paper illustrates its points with examples taken from the law. The law is a method of making social choices which emphasizes (in a very self-conscious way, and one which has no parallel either in politics or the market) the justificatory significance of the obligation to give publicly accountable reasons which attend to those issues arising in an ordered way out of a highly structured adjudicative process. Thus, the paper has as one of its ambitions the bringing together of two accounts of rational decision-making which, to this point at least, have not had much contact, namely, the theory of rational social choice and the theory of legal reasoning. (shrink)

A surge of empirical research demonstrating flexible cognition in animals and young infants has raised interest in the possibility of rational decision‐making in the absence of language. A venerable position, which I here call “Classical Inferentialism”, holds that nonlinguistic agents are incapable of rational inferences. Against this position, I defend a model of nonlinguistic inferences that shows how they could be practically rational. This model vindicates the Lockean idea that we can intuitively grasp rational connections between thoughts by developing the (...) Davidsonian idea that practical inferences are at bottom categorization judgments. From this perspective, we can see how similarity‐based categorization processes widely studied in human and animal psychology might count as practically rational. The solution involves a novel hybrid of internalism and externalism: intuitive inferences are psychologically rational (in the explanatory sense) given the intensional sensitivity of the similarity assessment to the internal structure of the agent's reasons for acting, but epistemically rational (in the justificatory sense) given an ecological fit between the features matched by that assessment and the structure of the agent's environment. The essay concludes by exploring empirical results that show how nonlinguistic agents can be sensitive to these similarity assessments in a way that grants them control over their opaque judgments. (shrink)

We describe an error type that we call the naturalizing error: an appeal to nature as a self-justified description dictating or limiting our choices in moral, economic, political, and other social contexts. Normative cultural perspectives may be subtly and subconsciously inscribed into purportedly objective descriptions of nature, often with the apparent warrant and authority of science, yet not be fully warranted by a systematic or complete consideration of the evidence. Cognitive processes may contribute further to a failure to notice the (...) lapses in scientific reasoning and justificatory warrant. By articulating this error type at a general level, we hope to raise awareness of this pervasive error type and to facilitate critiques of claims that appeal to what is “natural” as inevitable or unchangeable. (shrink)

This paper concerns Marx’s case, especially in the German Ideology, for the relative privilege of his own conception of history. I argue, against what I call the standard interpretation, that Marx’s case does not rest on an inversion of Young Hegelian “idealism”; against the “revisionist interpretation,” I argue that Marx nevertheless sustains a concern with the justificatory adequacy of his position. Marx’s argument, on my interpretation, is that an account of productive agency is a necessary constituent of any understanding (...) of history, and in turn requires a reflexive component. The reflexive character of agency can only be adequately realized under conditions in which historical processes and the causal effectiveness of individual agency are aligned. Marx’s justification, then, relies on an account of the internal character of historical agency rather than on metaphysical claims about the real. Marx, I suggest, was attempting to offer a distinctively “practical” justification. (147 words). (shrink)

A surge of empirical research demonstrating flexible cognition in animals and young infants has raised interest in the possibility of rational decision-making in the absence of language. A venerable position, which I here call “Classical Inferentialism”, holds that nonlinguistic agents are incapable of rational inferences. Against this position, I defend a model of nonlinguistic inferences that shows how they could be practically rational. This model vindicates the Lockean idea that we can intuitively grasp rational connections between thoughts by developing the (...) Davidsonian idea that practical inferences are at bottom categorization judgments. From this perspective, we can see how similarity-based categorization processes widely studied in human and animal psychology might count as practically rational. The solution involves a novel hybrid of internalism and externalism: intuitive inferences are psychologically rational (in the explanatory sense) given the intensional sensitivity of the similarity assessment to the internal structure of the agent's reasons for acting, but epistemically rational (in the justificatory sense) given an ecological fit between the features matched by that assessment and the structure of the agent's environment. The essay concludes by exploring empirical results that show how nonlinguistic agents can be sensitive to these similarity assessments in a way that grants them control over their opaque judgments. (shrink)

According to the inferential view of language comprehension, we hear a speaker’s utterance and infer what was said, drawing on our competence in the syntax and semantics of the language together with background information. On the alternative perceptual view, fluent speakers have a non-inferential capacity to perceive the content of speech. On this view, when we hear a speaker’s utterance, the experience confers some degree of justification on our beliefs about what was said in the absence of defeaters. So, in (...) the absence of defeaters, we can come to know what was said merely on the basis of hearing the utterance. Several arguments have been offered against a pure perceptual view of language comprehension, among others, arguments pointing to its alleged difficulties accounting for homophones and the context-sensitivity of ordinary language. After responding to the arguments against the perceptual view of language comprehension, I provide a new argument in favor of the perceptual view by looking closer at the dependence of the justificatory qualities of experience on the notion of a defeater as well as the perceptual nature of language learning and language processing. (shrink)

In “Why the generality problem is everybody’s problem,” Michael Bishop argues that every theory of justification needs a solution to the generality problem. He contends that a solution is needed in order for any theory to be used in giving an acceptable account of the justificatory status of beliefs in certain examples. In response, first I will describe the generality problem that is specific to process reliabilism and two other sorts of problems that are essentially the same. Then (...) I will argue that the examples that Bishop presents pose no such problem for some theories. I will illustrate the exempt theories by describing how an evidentialist view can account for the justification in the examples without having any similar problem. It will be clear that other views about justification are likewise unaffected by anything like the generality problem. (shrink)

This paper poses the question of whether people have a duty to participate in digital epidemiology. While an implied duty to participate has been argued for in relation to biomedical research in general, digital epidemiology involves processing of non-medical, granular and proprietary data types that pose different risks to participants. We first describe traditional justifications for epidemiology that imply a duty to participate for the general public, which take account of the immediacy and plausibility of threats, and the identifiability of (...) data. We then consider how these justifications translate to digital epidemiology, understood as an evolution of traditional epidemiology that includes personal and proprietary digital data alongside formal medical datasets. We consider the risks imposed by re-purposing such data for digital epidemiology and propose eight justificatory conditions that should be met in justifying a duty to participate for specific digital epidemiological studies. The conditions are then applied to three hypothetical cases involving usage of social media data for epidemiological purposes. We conclude with a list of questions to be considered in public negotiations of digital epidemiology, including the application of a duty to participate to third-party data controllers, and the important distinction between moral and legal obligations to participate in research. (shrink)

This paper considers the question of whether Mill's account of the nature and justificatory foundations of deductive logic is psychologistic. Logical psychologism asserts the dependency of logic on psychology. Frequently, this dependency arises as a result of a metaphysical thesis asserting the psychological nature of the subject matter of logic. A study of Mill's System of Logic and his Examination reveals that Mill held an equivocal view of the subject matter of logic, sometimes treating it as a set of (...) psychological processes and at other times as the objects of those processes. The consequences of each of these views upon the justificatory foundations of logic are explored. The paper concludes that, despite his providing logic with a prescriptive function, and despite his avoidance of conceptualism, Mill's theory fails to provide deductive logic with a justificatory foundation that is independent of psychology. (shrink)

The generality problem is widely considered to be a devastating objection to reliabilist theories of justification. My goal in this paper is to argue that a version of the generality problem applies to all plausible theories of justification. Assume that any plausible theory must allow for the possibility of reflective justification—S's belief, B, is justified on the basis of S's knowledge that she arrived at B as a result of a highly (but not perfectly) reliable way of reasoning, R. The (...) generality problem applies to all cases of reflective justification: Given that is the product of a process-token that is an instance of indefinitely many belief-forming process-types (or BFPTs), why is the reliability of R, rather than the reliability of one of the indefinitely many other BFPTs, relevant to B's justificatory status? This form of the generality problem is restricted because it applies only to cases of reflective justification. But unless it is solved, the generality problem haunts all plausible theories of justification, not just reliabilist ones. (shrink)

The social sciences are predominantly seen by their practitioners as critical endeavours, which should inform criticism of harmful institutions, beliefs and practices. Accordingly, political attacks on the social sciences are often interpreted as revealing an unwillingness to accept criticism and an acquiescence with the status quo. But this dominant view of the political implications of social scientific knowledge misses the fact that people can also be outraged by what they see as its apologetic potential, namely that it provides excuses or (...) justifications for people doing bad things, preventing them from being rightfully blamed and punished. This introduction to the special issue sketches the long history of debates about the exculpatory and justificatory consequences of social science and lays the foundations for a theory of social scientific apologia by examining three main aspects: what social and cognitive processes motivate this type of accusation, how social theorists respond to it and whether different contexts of circulation of ideas affect how these controversies unfold. (shrink)

Many legal theorists have argued that analogical reasoning is merely rule-following in which the general rule is not stated. Lloyd Weinreb's tries to defend the practice of analogical reasoning on its own terms. He does so by giving examples of the way people use analogical reasoning, both in legal and non-legal contexts, as a means for deciding how to act in particular circumstances. By itself such evidence does not support Weinreb's case, because to justify analogy he must show that analogical (...) reasoning can somehow lead us to correct answers. Moreover, his evidence does nothing to challenge the claim that analogical reasoning is simply following suppressed rules.I try to give Weinreb a helping hand. I use the data he mentions that people actually reason by analogy as a starting point for a novel justificatory account of analogical reasoning based on the notion of reliable results: a process of reasoning is reliable, and therefore reliance on it justified, if it tends to generate correct results. This requires explaining what counts as correct results in law, which is a question of political philosophy. I show that the most fundamental condition for the acceptability of analogical reasoning is that the standard of legal correctness is not determined by principles derived by Reason (as is the approach in the civil law tradition) but rather by a standard of acceptance (more prevalent in the common law tradition). Nonetheless, I argue that there two other conditions - shared social values and skepticism about the possibility of discovering the right normative foundations to legal questions - that together have to obtain in order to justify reliance on analogical reasoning. Since that in a modern society it is unlikely that these two conditions are not likely to obtain, I conclude that even this sympathetic reconstruction of Weinreb's argument ultimately fails. (shrink)

Prior to engaging in the process of fully realizing the notion of speculative philosophy in Hegelrsquo;s system, the thinker must arrive at the appropriate reflective standpoint via two preliminary justificatory cycles. This paper examines the phenomenological and logical cycles of justification undertaken respectively in the emPhenomenology of Spirit/em and the Doctrines of Being and Essence of the emScience of Logic/em in order to offer an account of the meaning and demands of speculative justification. We argue that as enactments (...) of the self-determination characterizing speculative thinking, these justificatory cycles must be understood in terms of the role and position that the thinker occupies in Science. (shrink)

An important epistemic issue in climate modelling concerns structural uncertainty: uncertainty about whether the mathematical structure of a model accurately represents its target. How does structural uncertainty affect our knowledge and predictions about the climate? How can we identify sources of structural uncertainty? Can we manage the effect of structural uncertainty on our knowledge claims? These are some of the questions that an epistemology of structural uncertainty faces, and these questions are also important for climate scientists and policymakers. I develop (...) three desiderata for an epistemological account of structural uncertainty. In my view, an account of structural uncertainty should identify sources of structural uncertainty, explain how these sources limit the applicability of a model, and show how the severity of structural uncertainty depends on the questions that can be asked of a model. I argue that analyzing structural uncertainty by paying attention to the details of model building can satisfy these desiderata. I focus on parametrizations, which are representations of important processes occurring at scales that are not resolved by climate models. Parametrizations are often thought to be ad-hoc, but I show that some important parametrizations are theoretically justified by explicit or implicit scale separation assumptions. These assumptions can also be supported empirically. Analyzing these theoretical and empirical justificatory roles of the scale separation assumptions can provide insights into how parametrizations contribute to structural uncertainty. I conclude by sketching how my approach can satisfy the desiderata I set out at the beginning, highlighting its importance for policy-relevant scientific statements about the climate. (shrink)

Females' tendency to place a high value on protecting their own lives enhanced their reproductive success in the environment of evolutionary adaptation because infant survival depended more upon maternal than on paternal care and defence. The evolved mechanism by which the costs of aggression (and other forms of risk taking) are weighted more heavily for females may be a lower threshold for fear in situations which pose a direct threat of bodily injury. Females' concern with personal survival also has implications (...) for sex differences in dominance hierarchies because the risks associated with hierarchy formation in nonbonded exogamous females are not offset by increased reproductive success. Hence among females, disputes do not carry implications for status with them as they do among males, but are chiefly connected with the acquisition and defence of scarce resources. Consequently, female competition is more likely to take the form of indirect aggression or low-level direct combat than among males. Under patriarchy, men have held the power to propagate images and attributions which are favourable to the continuance of their control. Women's aggression has been viewed as a gender-incongruent aberration or dismissed as evidence of irrationality. These cultural interpretations have evolutionarily based sex differences by a process of imposition which stigmatises the expression of aggression by females and causes women to offer exculpatory (rather than justificatory) accounts of their own aggression. (shrink)

On a proceduralist account of democracy, collective decisions derive their jus- tification—at least in part—from the qualities of the process through which they have been made. To fulfill its justificatory function, this process should ensure that citizens have an equal right to political participation as a respectful response to their equal status as agents capable of self-legislation. How should democratic participation be understood if it is to offer such a procedural justification for democratic decisions? I suggest that, (...) in order to overcome the structural procedural disadvantages affecting the actual, effective opportunities that citizens who hold nonmainstream views have to exercise their right to political participation, the enhancement of such opportunities requires securing space for contestation. Against this background, I vindicate the (currently underestimated) role of conscientious objection as a form of political participation. (shrink)

People who work and live in a certain moral practice usually possess a specific form of moral wisdom. If we manage to incorporate their moral intuitions in ethical reasoning, we can arrive at judgements and theories that grasp a moral experience that generally cannot be found outside the said practice. To achieve this goal, we need a legitimate way to balance moral intuitions, ethical principles and general theories. In the present contribution, we describe a version of the model of Reflective (...) Equilibrium, which we call the Normative-Empirical Reflective Equilibrium . RE provides a framework for ethical thinking that includes both moral experience and normative theory.After an outline of the model, we focus on the role of empirical research and illustrate how empirical data on moral intuitions can add to the comprehensiveness of the set of moral beliefs in NE-RE. Subsequently, we describe how coherence among the elements of an NE-RE can be understood and measured. Finally, we address an important question for any method of moral reasoning: what is the status of the outcome of the reasoning process? This is a matter of justification. We argue for a so-called good reasoning-justified outcome strategy in NE-RE. This strategy is built on a reasoning process in which the reason-giving force of each element is tested and weighed. The thinker has to work towards a coherent view in which only the elements with sufficient justificatory power are retained. If the thinker decides that the elements fit together into a coherent view, a reflective equilibrium is reached. NE-RE is an attempt to describe a model for moral reasoning that can profit from the moral wisdom present among experienced agents through the use of empirical research. (shrink)

Can AI developers be held epistemically responsible for the processing of their AI systems when these systems are epistemically opaque? And can explainable AI (XAI) provide public justificatory reasons for opaque AI systems’ outputs? Koskinen (2024) gives negative answers to both questions. Here, I respond to her and argue for affirmative answers. More generally, I suggest that when considering people’s uncertainty about the factors causally determining an opaque AI’s output, it might be worth keeping in mind that a degree (...) of uncertainty about conclusions is inevitable even in entirely human-based empirical science because in induction there’s always a risk of getting it wrong. Keeping this in mind may help appreciate that requiring full transparency from AI systems before epistemically trusting their outputs might be unusually (and potentially overly) demanding. (shrink)

Some argue against coercive preventive measures on the grounds that they amount to cloaked forms of punishment. Others offer a qualified defence of such measures on the grounds that such measures have substantively different goals and purposes from punishment. Focusing on the case of civil preventive injunctions, I clear the ground and provide reasons for a third logical possibility: that coercive preventive measures are relevantly similar to punishment, but this does not itself give us a reason to oppose them. ‘Punishment’ (...) has a great deal of rhetorical force, and it thereby distracts us from the justificatory work that we need to do to specify proper restrictions on the state’s coercive powers. Whereas many commentators have proposed that legal theory provides grounds for challenging civil preventive orders, I argue for the opposite view. If we understand properly the function of civil preventive orders, we will endorse them at least in principle, and will come to rethink some central ideas in the grounding of the criminal justice processes. (shrink)

We should seek to justify, from a moral perspective, policies associated with serious and irreversible risks to the health of human beings, their societies, and the environment for these risks may have great impacts on the autonomy of both existing and future persons. The ideal of discursive democracy provides a way of morally justifying such policies to both existing and future persons. It calls for the inclusive, informed, and uncoerced deliberation toward an agreement of both existing and future persons, which (...) can serve as a justificatory basis for such public policies. This agreement best protects their fundamental interests and basic needs, and garners their general acceptance. It does so by upholding their agency in decision-making processes and, more specifically, by counseling a maxim of precaution in their public reasoning. The aim of this maxim is to protect the social and environmental conditions that will enable members of existing and future generations to review and, if necessary, revise decisions made in the past but that impact upon them in the present. Precautionary public reasoning thus serves to uphold the decisional agency of existing and future persons, which is a necessary condition of their democratic involvement in the policies that affect them and thus of their autonomous existence defined by their conceptions of the good. (shrink)

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

This article argues that linguistically endangered minority groups often face endangerment due to structural linguistic injustice that arises from past injustices and ongoing unjust social processes. Language revitalization is often a justified way of reforming unjust social structures. I connect this discussion to another debate, namely, whether historical injustice (and the requirement for its correction) may be superseded. I ask: which changing circumstances might lead to the supersession of structural linguistic injustice? Of the many reasons to reform unjust social structures, (...) I focus on dignity-based concerns. Historically-sensitive dignity-based concerns are relevant for judging whether supersession of structural linguistic injustice has occurred. My view is largely present-oriented, but history still plays a role in deciding the strength of justificatory bases for structural reformation. (shrink)

For many liberal democrats toleration has become a sort of pet-concept, to which appeal is made in the face of a myriad issues related to the treatment of minorities. Against the inflationary use of toleration, whether understood positively as recognition or negatively as forbearance, I argue that toleration may not provide the conceptual and normative tools to understand and address the claims for accommodation raised by at least one kind of significant minority: democratic dissenting minorities. These are individuals, or aggregates (...) of them, who oppose, on principled grounds, the outcomes of the majoritarian decision-making process. I argue that democratic dissenting minorities' claims are better understood as calls for respect for a person's capacity for self-legislation. I view respect as the cornerstone of justice in a liberal democracy: all norms resulting in a constraint on a person's conduct should be appropriately justified to her. I argue that the reconciliation of democratic dissenting minorities' claims requires an enhancement of the justificatory strategies of democratic decisions by enhancing in turn citizens' rights to political participation. This should be done both during decision making and after a provision is enacted by also securing space for contestation through such forms of illegal protest as civil disobedience and conscientious objection. (shrink)

The first issue raised in the paper is difference between social and institutional facts; both exist only because we believe they are real. Second is the claim that belonging to collectives is always a social fact, not necessarily as a result of any decision-making process; it might also become institutional through actual, sometimes only implicit, acceptance of some constitutive rules. Third, accepting constitutive rules functions by setting an irreversible point in time after which the scope of available justificatory (...) reasons for deciding and doing narrows. The implication is that reality of collectives cannot be reduced to individuals. Individuals often participate in this reality by belonging. Belonging thus becomes a social and sometimes also an institutional fact. (shrink)

I reply to each of the contributions in this issue. I agree with much that Hillel Steiner argues, especially his insistence that the associated ideas of impartiality and discontinuity are crucial to dealing satisfactorily with a diversity of competing claims. I am, however, less willing to conceive provision for that diversity as the role, rather than a role, that we should ascribe to rights. I question the success of David Miller’s endeavour to provide a unified justification of human rights grounded (...) in the concept of need. It is the notion of a minimally decent human life, rather than need itself, that does most of the justificatory work in Miller’s argument and, arguably, that notion does not deliver a genuinely unitary account of human rights. I concede the case for state funding of opera and the arts more generally to John Horton’s argument, but defend neutralism, and its associated distinction between the right and the good, as a strategy for dealing with diversity, including cultural diversity. I resist Richard Bellamy’s attempt to ground all basic rights in democracy and suggest that his argument relies upon idealized assumptions about the functioning of democracy. I share much of his objection to substituting judicial for political decision-making but argue that a strong moral commitment to rights need not imply a shift in power from democratic processes to courts. I endorse Albert Weale’s argument for favouring a beneficial design approach over a rights approach to healthcare and to many other social goods. Rights should not monopolize our moral and political thinking. (shrink)

Objections to reliabilist theories of knowledge and justification have looked insuperable. Reliability is a property of the process of belief formation. But the generality problem apparently makes the specification of any such process ambiguous. The externalism of reliability theories clashes with strongly internalist intuitions. The reliability property does not appear closed under truth-preserving inference, whereas closure principles have strong intuitive appeal. And epistemic paradoxes, like the preface and the lottery, seem unavoidable if knowledge or justification depends on the (...) frequency with which a process generates true beliefs. The present theory has the conceptual resources to meet these challenges. It requires that a justificatory belief-formation process be intentionally applied. It distinguishes the justification of beliefs from that of the believer. And it avoids a frequency interpretation of reliability by introducing a notion of the normalcy of conditions under which processes are intentionally used. (shrink)

This article asks the question, ``what is reliable machine learning?'' As I intend to answer it, this is a question about epistemic justification. Reliable machine learning gives justification for believing its output. Current approaches to reliability (e.g., transparency) involve showing the inner workings of an algorithm (functions, variables, etc.) and how they render outputs. We then have justification for believing the output because we know how it was computed. Thus, justification is contingent on what can be shown about the algorithm, (...) its properties, and its behavior. In this paper, I defend computational reliabilism (CR). CR is a computationally-inspired off-shoot of process reliabilism that does not require showing the inner workings of an algorithm. CR credits reliability to machine learning by identifying reliability indicators external to the algorithm (validation methods, knowledge-based integration, etc.). Thus, we have justification for believing the output of machine learning when we have identified the appropriate reliability indicators. CR is advanced as a more suitable epistemology for machine learning. The main goal of this article is to lay the groundwork for CR, how it works, and what we can expect as a justificatory framework for reliable machine learning. (shrink)

The thesis of political theology holds that all justificatory theories of the state rely on metaphysical assumptions, rather than just empirical facts and accepted political conventions. For this reason, the thesis challenges liberal theories that justify the state on the basis of individual autonomy and popular will. The thesis is controversial because many theorists believe that metaphysical assumptions introduce decisionism – the view that a state depends on the unrestrained personal decision of a ruler – to the theory of (...) the state. But, does political theology entail decisionism? This article argues that decisionism does not follow necessarily from political theology because an omnipotent deciding sovereign is only one of many possible metaphysical assumptions in theology. It illustrates this claim with examples from the philosophy of Nicholas Cusanus and process philosophy. This conclusion challenges two different entrenched views: first, that the modern state is a continuation of theistic beliefs; and second, that metaphysical discussions have no place in contemporary normative political theory. (shrink)

George Terzis makes several objections to claims and arguments I advanced in Impartial Reason. I cannot take them all up, but I would like to respond to some, which I shall group into three: whether reasons depend on norms applying to all rational agents; how the unity of agency relates to such norms; and the self-support condition. Since the objections concerning cut most deeply against the central thesis of Impartial Reason, I shall begin with them. Before I do that, however, (...) I should make some preliminary remarks.Impartial Reason offers an internalist theory of reasons, but one that is, I believe, more sensitive to the normative character of reasons than internalist theories usually are.1 A theory of reasons is internalist if it holds that something's being a reason depends somehow on its capacity to affect motivation. Unlike internalist theories that identify reasons with de facto motives, however, IR insists on the normative character of reasons as tending to justify conduct as rational. It does this by holding that a reason to act is something which motivates when appropriately considered. The normative or justificatory weight of reasons, then, is held to derive from a normative ideal of rational consideration. Reasons inherit as justificatory weight the motivational force they would come to have in an ideally rational process of practical reflection. (shrink)

I think it is important to try to make sense of these thoughts concerning the justificatory role of experiences, for I suspect that we are losing the ability to see why philosophers have traditionally been attracted to such thoughts. Coherentism and reliabilism, perhaps the two most currently popular theories of epistemic justification, appear simply to reject the idea that experiences can justify beliefs. Thus according to coherentism, the view that ‘a belief is justified by its coherence with other beliefs (...) one holds,’ it is only other beliefs, not experiences, that can justify beliefs. Although there is little consensus as to how the notion of coherence should be explicated, it is generally agreed that experiences are not the sort of thing that can cohere with beliefs. Reliabilism, by contrast, holds that ‘a belief is justified if and only if it is “well-formed,” i.e., it has an ancestry of reliable and/or conditionally reliable cognitive operations.’ In other words, according to reliabilism beliefs are justified, not by experiences, but by being caused by reliable belief-forming processes. Experiences may be formed in the course of such processes, but they need not be, and even when they are, they make no contribution to the justification of the beliefs that are formed as the result of those processes. What makes a belief-forming process justification-conferring, according to reliabilism, is simply that it is reliable, not that it gives rise to experiences. So neither coherentism nor reliabilism seems to allow any room for the traditional thought that experiences justify beliefs. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:On Wu-wei as a Unifying MetaphorChris FraserEffortless Action: Wu-wei as Conceptual Metaphor and Spiritual Ideal in Early China. By Edward Slingerland. New York: Oxford University Press, 2003. Pp. xii + 352. $60.00.This provocative work is the most ambitious general study of pre-Qin thought to appear in more than a decade. It deals with what is increasingly recognized as one of the period's key themes, the ethical ideal of perfected (...) action and the processes of cultivation, or uncultivation, by which it might be achieved. The book has two specific aims, one substantive, one methodological (p. vii). The substantive aim is to show that the notion of wu-wei, which Slingerland renders as "effortless action," functioned as a shared ideal and problematic for both Daoists and Confucians and that internal tensions in this ideal motivated much of the development of Warring States thought (p. 5). The methodological aim is to illustrate the fruitfulness of conceptual-metaphor theory, familiar from the work of Lakoff and Johnson, by employing it to articulate and support the book's substantive theses (p. vii).For Slingerland, wu-wei is "a state of personal harmony in which actions flow freely and instantly from one's spontaneous inclinations... and yet nonetheless accord perfectly with the dictates of the situation at hand, display an almost supernatural efficacy, and (in the Confucian context at least) harmonize with the demands of conventional morality" (p. 7). Slingerland expands on this characterization in various ways, without making it entirely clear how all the features he identifies fit together. On the one hand, he explains that wu-wei is a phenomenological feature of the agent's subjective mental state: "wu-wei properly refers not to what is actually happening (or not happening) in the realm of observable action but rather to... the phenomenological state of the doer" (p. 7), primarily one of effortlessness and unselfconsciousness (pp. 29-33). But wu-wei is also "action that... accords in every particular with the normative order of the cosmos" (p. 5), so beyond its phenomenological features, it must include an objective normative component as well. Another remark suggests that wu-wei fundamentally is not a phenomenological state after all, since "it represents not a transitory state but rather a set of dispositions" (p. 7). Probably these various statements are meant to emphasize that the crux of wu-wei is to achieve and sustain a certain sort of psychological state, which then reliably generates effortless, normatively appropriate, efficacious action.The phrase 'wu-wei' plays essentially no role in Confucian texts and is absent from large chunks of the Zhuangzi. So Slingerland's thesis that wu-wei is the joint [End Page 97] ideal of both Daoist and Confucian thought faces a daunting justificatory challenge, which he proposes to meet by applying conceptual metaphor theory (p. 10). On his interpretation, wu-wei is not to be understood literally, as "non-doing," since in the state denoted by wu-wei, the agent is not actually inactive, doing nothing at all (p. 11). This gap between literal meaning and actual reference indicates that the term 'wu-wei' functions metaphorically, referring to "a metaphorically conceived situation" in which an action occurs even though the agent exerts no effort (p. 11). Slingerland hypothesizes that wu-wei became a technical term for effortless action because it is the most general of a network of conceptual metaphors for effortlessness and unselfconsciousness, including families of metaphors for "following" (p. 29), "ease" (p. 30), and "forgetting" (p. 33). This network expresses a unified, "deeper conceptual structure," appeal to which justifies the claim that "apparently diverse ideals of perfected action" are in fact articulations and developments of a single metaphorically conceived ideal, though the term denoting it—'wu-wei'—may not appear in a particular text (p. 11).Once we have a grip on the conceptual structure of wu-wei through the families of metaphors that constitute it, we can identify wu-wei as a central problematic of pre-Qin thought and trace its development by examining the use of these metaphors in texts from the Book of Odes and the Book of History (chapter 1) through the Xunzi (chapter 7). Each... (shrink)

For cognitivist accounts of aesthetic appreciation, appreciation requires an agent (1) to perceptually respond to the relevant aesthetic features of an object o on good evidential grounds, (2) to have an autonomous grasp of the reasons that make the claim about the aesthetic features of o true by pointing out the connection between non-aesthetic features and the aesthetic features of o, (3) to be able to provide an explanation of why those features contribute to the overall aesthetic value of o. (...) In this framework, aesthetic emotions have traditionally been confined to the level of aesthetic perception (1) and dismissed from the process of reason-giving (2, 3). I argue that this dismissal is due, firstly, to a questionable perceptual reading of the connection between emotional experience and value, and, secondly, to a narrow focus on the basic emotions. My argument will reveal that the non-standard or ‘intellectual’ emotions, the emotions which are in fact most important to appreciation, can play a significant epistemic role in our appreciative practices. They can do this because they (a) help us to deliberately focus our attention and (b) place the appreciator in a state of second-order awareness of their mental states. I conclude the paper by showing how these two epistemic tools (a, b) can help the appreciator to meet the explanatory/justificatory conditions (2) and (3). (shrink)

People who work and live in a certain moral practice usually possess a specific form of moral wisdom. If we manage to incorporate their moral intuitions in ethical reasoning, we can arrive at judgements and theories that grasp a moral experience that generally cannot be found outside the said practice. To achieve this goal, we need a legitimate way to balance moral intuitions, ethical principles and general theories. In the present contribution, we describe a version of the model of Reflective (...) Equilibrium, which we call the Normative-Empirical Reflective Equilibrium . RE provides a framework for ethical thinking that includes both moral experience and normative theory.After an outline of the model, we focus on the role of empirical research and illustrate how empirical data on moral intuitions can add to the comprehensiveness of the set of moral beliefs in NE-RE. Subsequently, we describe how coherence among the elements of an NE-RE can be understood and measured. Finally, we address an important question for any method of moral reasoning: what is the status of the outcome of the reasoning process? This is a matter of justification. We argue for a so-called good reasoning-justified outcome strategy in NE-RE. This strategy is built on a reasoning process in which the reason-giving force of each element is tested and weighed. The thinker has to work towards a coherent view in which only the elements with sufficient justificatory power are retained. If the thinker decides that the elements fit together into a coherent view, a reflective equilibrium is reached. NE-RE is an attempt to describe a model for moral reasoning that can profit from the moral wisdom present among experienced agents through the use of empirical research. (shrink)

As the idea of culture is conceived in modern times, it has its roots in the ancient teaching on the relation between the Necessary and the Beautiful, and between labor and rest. The stabilizing of modern society, however, ushered in a significant change in the interpretation of this relationship. Cultural values became universally valid and obligatory : each individual, regardless of his place in society, is supposed to share them in equal measure. Culture is cut off from the material processes (...) of social reproduction, as well as from those of civilization, and comes to be regarded as belonging to a higher, purer, better world. The realm of culture comes to be looked upon as the sovereignty of a free moral and intellectual community.The article attempts to indicate the significance of modern culture for the place of the individual in society. For this purpose the author selects some characteristic and fundamental concepts of modern culture : the idea of the soul (the values of the soul receive unconditional preference to the sensual as well as the intellectual values : external conditions and intellectual achievements are less relevant than the inner essence of man), — the idea of beauty (art attains the function of giving to humanity, through the presentation of the beautiful, the enjoyment of a better world),— and the idea of personality (the individual achieves his own happiness only through subordination to the existing order of things). These ideas are analyzed in order to show that culture has absorbed all the forces that were directed towards the achievement of a better existence : humanity, kindliness, solidarity, happiness. Modern culture was the historic framework within which the pursuit of happiness was accomplished in a social order that was without happiness for the majority of mankind.But, by proclaiming all progressive ideas as spiritual or internal ideals, this same culture has distilled from them all their critical, dynamic force. They are taken seriously only as inner spiritual values or as objects of art. In this internalized and transfigured form the human desire for happiness has been diverted from reality and appears to have been set at rest. The individual is trained for renunciation and he has to rationalize in order to believe himself satisfied. In this way, culture serves to take the responsibility for the happiness of the individual from the existing order and to justify the given order of things.In the last period of this development, idealism gives way to a heroic realism of power. In the battle of the authoritarian state against the idealism of the liberal bourgeois culture, the old methods of cultural discipline are to be replaced by more timely ones. The principal function of culture, however, remains unchanged. The hostility of the authoritarian state toward culture in general also serves as a justification for the existing order of things. But in comparison the culture that is being attacked appears as an enlightened, more humane stage of the past ; its progressive tendencies stand forth more clearly in our minds.In conclusion, the idea of bridging the gulf between culture and civilization is outlined : a definite re-incorporation of culture into the general social process, whereby it would lose its justificatory character.L’idée de la culture caractéristique de l’Occident moderne, remonte à la doctrine antique qui a formulé les rapports du nécessaire et du beau, du travail et du plaisir. Avec la stabilisation de la société moderne, intervint un changement décisif dans l’interprétation de ces rapports : les valeurs culturelles deviennent universellement valables et universellement impératives ; chaque individu, quelle que soit sa position sociale, doit également participer à ces valeurs. La culture, monde meilleur, supérieur, plus pur, se détache et du procès matériel de reproduction et de la „civilisation“. Elle est revendiquée comme le règne d’une libre communauté morale et spirituelle.L’étude essaye d’indiquer la répercussion de la culture nouvelle sur la situation de l’individu dans la société. Elle relève quelques-uns des concepts fondamentaux de cette culture : L’idée de l’âme (spiritualisation de la sensibilité), l’idée de la beauté (satisfaction par l’art), et l’idée de la personnalité (accomplissement par le renoncement). La culture a résorbé toutes les forces qui tendaient vers une existence meilleure : humanité, bonté, solidarité, joie. La culture représentait la forme historique sous laquelle le besoin de bonheur trouvait satisfaction dans un ordre social qui privait de bonheur la majorité des hommes. Mais la culture, en hypostasiant toutes les idées progressives en idéals, a dépouillé celles-ci de toute force explosive, qui les eût rendues dangereuses. Elle ne les a prises au sérieux qu’en tant que valeurs intérieures, spirituelles, ou en tant que thèmes de l’art. L’exigence de bonheur trouve sous cette forme intériorisée et transfigurée une satisfaction apparente. Toutes les exigences, l’individu apprend à se les poser à lui-même et à se contenter d’une jouissance rationalisée. Il est élevé en vue du renoncement. Ainsi la culture contribue à décharger et à justifier l’ordre existant.Dans la dernière phase de cette évolution, l'idéalisme de l'intériorité, par un renversement dialectique, devient „réalisme de la force“. Dans le combat de l'État autoritaire contre la culture idéaliste de la bourgeoisie libérale, les vieilles méthodes de discipline culturelle cèdent la place à des méthodes plus adaptées. L'hostilité de l'État autoritaire à la culture est elle- même une justification. Par comparaison, la culture attaquée apparaît comme un passé moins sombre et plus humain : ses tendances progressives s'élèvent plus clairement à la conscience. En conclusion, l'auteur indique l'idée d'un dépassement de l'opposition entre civilisation et culture : la culture, une fois ramenée de façon positive au processus social, perdrait son caractère affirmatif. (shrink)