It is common to talk about options, where an option is a course of action an agent can take. A course of action, in turn, is that which can be the object of intention. It has not often been noticed in the literature, though, that there are two ways to understand what makes something an option: first, an option just is some course of action physically open (or, to be maximally liberal, logically open) to an agent; second, an option just (...) is some course of action that the agent either in fact deliberates about taking or is psychologically capable of deliberating about taking. At any given time, there are far more courses of action open to an agent than the agent can or does deliberate about taking. What determines which courses of action an agent deliberates about as an option, and why do so many other courses of action remain out of deliberative view? I argue that while values, ends, the demands of both means-end coherence and consistency of beliefs contribute to the determination of which courses of action an agent sees as options, they cannot be the whole story. I argue that another mechanism, which I call the practical imagination, is primarily responsible for which courses of action an agent sees as options. Drawing upon both recent work in developmental and social psychology and a strain of philosophical argument that has attempted to show how human beings have a practical understanding of themselves that is mediated by what we can call a narrative identity, I argue that the norms governing the construction of a narrative identity are among the most important, albeit not the only, norms governing the practical imagination and that, just as we should look to the norms of practical reason to explain and critically reflect on practical deliberation, we should look to the norms of practical imagination to explain and critically reflect on the process by which an agent comes to see some course of action as an option. (shrink)

A version of this paper is forthcoming in Nous.

Many forms of contemporary morality treat the individual as the fundamental unit of moral importance. Perhaps the most striking example of this moral vision of the individual is the contemporary global human rights regime, which treats the individual as, for all intents and purposes, sacrosanct. This essay attempts to explore one feature of this contemporary understanding of the moral status of the individual, namely the moral significance of a subject’s actual affective states, and in particular her cares and commitments. I (...) argue that in virtue of the moral significance of actual individuals, we should take actual cares and values very seriously—even if those cares and values are not expressions of the person’s autonomy—as partially constituting that individual as a concrete subject who is the proper object of our moral attention. In particular, I argue that a person’s actual cares and values have non-derivative moral significance. Simply because someone cares about something, that care is morally significant. In virtue of this non-derivative moral significance of cares, we ought to adopt of a commitment to accommodate others’ cares and a commitment not to frustrate their cares. (shrink)

This chapter attempts to articulate a novel approach to thinking about urban politics and urban public policy. Building on the observation that all action requires reliance, the chapter argues that elements of the urban environment function as what we call reliance structures. These are the structures that allow agents to realize their intentions as actions. That is, reliance structures are constitutive features of the capacity for action, that is, for agency. The chapter then argues that the urban can be understood (...) as a network of reliance structures. It follows that the urban partially constitutes human agency—agential capacities are partially constituted by urban reliance systems. This is meant to be a substantive diagnostic tool for making sense of the ways that urban public policy can produce and reproduce forms of human agency and, ultimately, the way that the urban partially determines human freedom. (shrink)

In his collection of essays, Law as a Leap of Faith, John Gardner lucidly develops a powerful account of legal positivism, primarily via a careful interrogation of H. L. A. Hart’s work, with a particular focus on Hart’s most important text, The Concept of Law. In this essay, I raise a question regarding the significance of legal subjects’ understanding of themselves as legal subjects. I claim that as Gardner fills out the picture of what it takes to have an ideal (...) legal system, we will find that there is no requirement that subjects have any understanding of themselves as legal subjects, much less an understanding either of what the law requires of them or of the legal status with respect to officials that the law gives them. In particular, I argue that Gardner’s account of the law is too focused on the perspective of officials, and leaves out the perspective of legal subjects. This manifests what I call a unidirectional legal optic: the view of the law is the view from a single perspective, namely the perspective of the official. This is not an accurate picture of the law and so should not be presented as the paradigmatic account of law. (shrink)

The problem area of distributive justice includes at its core questions about what ought to be owned, how it can be owned and who ought to own it. A fundamental assumption behind recent attempts to address these questions is that the power to shape the property institutions of a society lies entirely in that society's laws. This view, I argue, is mistaken. In this dissertation I provide an account of how property institutions are related to other social practices in a (...) society. A consequence of this account is that property law does not solely determine what property looks like in a society. ;The analysis begins with the observation of Enlightenment-era natural rights theorists that property is, first and foremost, a conventional social norm. I then turn to modern developments in game theory and social psychology to propose a novel account of how conventional social norms guide agents. On this account, a norm guides an agent by influencing their practical reasoning in one of two ways: either rationally, by generating a belief that behavior in those circumstances is required by that norm, or sub-rationally, by structuring the agent's practical reasoning, without the agent being aware of it, in such a way that ensures the formation of intentions to act in a manner required by the norm. This second form of norm guidance, which I call 'passive norm guidance', provides grounds for the claim that property norms can exist and function independently of recognition by the law. I go on to show how the independent existence of property norms can support a robust natural law account of property rights according to which property rights exist independent of recognition by the law. The dissertation ends by show how this account, while radical, is also consistent with the dominant Twentieth Century analytic jurisprudence accounts of property. (shrink)

How ought we to respond to other people caring about whatever it is that they care about – even if they care about things that are obviously not careworthy?2 For example, if my neighbor cares about collecting antique decorative saltshakers and I think this is an idiotic pastime, how ought I to respond to this? My thesis is that I should respond by accommodating his cares.3 I describe accommodation as follows: [Accommodation] A accommodates B’s caring about F by adjusting her (...) behavior in deference to B’s caring about F.4 So, the thesis I defend in this paper is the following. (shrink)

Intentions have been a central subject of research since contemporary philosophy of action emerged in the middle of the twentieth century. For almost that entire period, the approach has been to treat the study of intentions as separate from the study of morality. This essay offers a brief overview of that history and then suggests some ways forward, as exemplified by the essays collected in this volume.

This paper has a two-pronged thesis. First, laws should be understood as making factual claims about the moral order. Second, the truth or falsity of these claims depends as much on the content of the law as on whether the lawmaker has political authority. In particular, laws produced by legitimate authorities are successful as laws when they guide subjects’ behavior by giving subjects authoritative reasons for action. This paper argues that laws produced by legitimate authorities accomplish this task by being (...) on their own sufficient to change the moral state of affairs, which thereby generates for people new moral reasons to act that they can read right off of the legislation. (shrink)