This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, I (...) look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

Broadly speaking, the principle of public justifiability requires that the exercise of political power be justifiable to each and every person over whom that power is exercised. The idea of being justifiable to every person means being acceptable to any reasonable or otherwise qualified person , without such persons having to give up the comprehensive religious or philosophical doctrine they reasonably espouse. Public justifiability thus involves a partly idealized unanimity requirement, or as I will say, a criterion of multi-perspectival acceptability. (...) The demand for public justifiability can be specified in different ways, depending on what exactly has to be publicly justifiable, who is supposed to apply the principle, who counts as reasonable or otherwise qualified, and so on. One of these dimensions concerns the notion of acceptability. Should we care about acceptability to each reasonable perspective, based on all of the reasons that perspective accepts, or should we care about acceptability to all, based on only those reasons that all reasonable perspectives accept? This choice has been referred to by the distinction between "consensus" and "convergence." Sometimes people agree about practical conclusions but for different reasons, in which case their reasoning can be said to converge from different moral or philosophical starting points. Other times, people agree about their moral or philosophical starting points, but reach different practical conclusions, based on different beliefs about the factual context, different rankings of shared concerns, or different judgments about how to apply these concerns to specific situations. (shrink)

There has been extensive discussion of testimonial epistemic injustice, the phenomenon whereby a speaker’s testimony is rejected due to prejudice regarding who they are. But people also have their testimony rejected or preempted due to prejudice regarding what they communicate. Here, the injustice is content focused. We describe several cases of content focused injustice, and we theoretically interrogate those cases by building up a general framework through which to understand them as a genuine form of epistemic injustice that stands in (...) intertwined relationships to other forms of epistemic injustice. (shrink)

Robin McKenna argues that we need to make space for an approach to epistemology that avoids the idealizations typical of the field. He applies this approach to topics in applied and social epistemology, such as what to do about science denial, whether we should try to be intellectually autonomous, and what our obligations are to other inquirers.

This paper tries to reconcile reciprocity with a fundamentally 'subject-centred' ethic by interpreting the reciprocity condition as a consequence of the fact that justice is in part a relational value. Duties of egalitarian distributive justice are not grounded on the duty to reciprocate benefits already received, but limited by a reasonable assurance of compliance on the part of those able to reciprocate, because their point is to constitute a valuable relationship, one of mutual recognition as equals. We have unconditional duty (...) to help establish just global institutions, institutions which would allow us to share fairly in the burdens and benefits of global economic cooperation, but no unilateral duty to share fairly, where such institutions are not in place. Since non-contribution on the part of those unable to contribute involves no failure of recognition, the disabled do not fall outside the scope of distributive justice. (shrink)

This paper compares Joseph Heath’s critique of the just deserts rationale for markets with an earlier critique due to Frank Knight, Milton Friedman, and Friedrich Hayek. Heath shares their emphasis upon the role of luck in prices based on supply and demand. Yet he avoids their claim that the inheritance of human capital is on a moral par with the inheritance of ordinary capital, as a basis for unequal shares of the social product. Heath prefers to argue that markets do (...) not tend to reward talent as such. The paper raises some doubts about this factual claim, and argues that sweeping the issue of talent under the rug threatens to make our theory of justice less egalitarian than it would otherwise be. The paper also addresses the objection that claims of unfairness based on the arbitrariness of the distribution of innate abilities will undermine self-respect. (shrink)

This paper addresses the question of whether the duties associated with public reason are conditional on reciprocity. Public reason is not a norm intended to stabilize commitment to justice, but a moral principle, albeit one that is conditional on reciprocity because grounded in the idea of mutual respect despite ongoing moral disagreement. We can build reciprocity into the principle by stipulating that unanimous acceptability is required only with respect to points of view accepting the principle. If compliance with law is (...) assured, then the duties of public reason associated with authorship of law should be considered conditional on reciprocity only in this ‘internal’ sense, which is not proportional but bi-lateral. (shrink)

Public reason in practice and theory -- False starts: unsuccessful justifications of public reason -- Respect for persons as a constraint on coercion -- Higher-order unanimity escape clause -- Civic friendship as a constraint on reasons for decision -- Public reason and (same-sex) marriage.

The reclamation of slurs raises a host of important questions. Some are linguistic: What are the linguistic conventions governing the slur post-reclamation and how are they related to the conventions governing it pre-reclamation? What mechanisms engender the shift? Others bend toward the social: Why do a slur’s targets have a special privilege in initiating its reclamation? Is there a systematic explanation why prohibitions on out-group use of reclaimed slurs vary from slur to slur? And how does reclamation contribute to shaping (...) social identities and reversing oppressive social norms and stigma? Most analyses of slur reclamation advance a single model to answer these questions. The author argues that there are different varieties of reclamation. Two predominate, what she calls pride reclamation and insular reclamation. While many features unite pride and insular reclamation, they differ with respect to the purpose of the reclamatory act, the linguistic mechanisms reclaimers employ to execute the linguistic change, and the social and grammatical roles of the reclaimed slur. By distinguishing these two types of reclamation and offering a fine-grained characterization of their properties, the author argues that we gain deeper insight into the reasons why slurs may in principle only be ignited by the target group and why pride- but not insular-reclaimed slurs become available for use by out-group members. (shrink)

While many of the phenomenological currents in philosophy allegedly utilize a peculiar method, the type under consideration here is characterized by Franz Brentano s ambition to make philosophy scientific by adopting no other method but that of natural science. Brentano became particularly influential in teaching his students (such as Carl Stumpf, Anton Marty, Alexius Meinong, and Edmund Husserl) his descriptive psychology, which is concerned with mind as intentionally directed at objects. As Brentano and his students continued in their investigations in (...) descriptive psychology, another side of Austrian phenomenology, namely object theory, became more and more prominent. The philosophical orientation under consideration in this collection of essays is accordingly a two-sided discipline, concerned with both mind and objects, and applicable to various areas of philosophy such as epistemology, philosophy of language, value theory, and ontology.". (shrink)

Public reasoning is widely thought to be essential to democracy, but there is much disagreement about whether such deliberation should be constrained by a principle of public reason, which may seem to conflict with important democratic values. This paper denies that there is such a conflict, and argues that the distinctive contribution of public reason is to constitute a relationship of civic friendship in a diverse society. Acceptance of public reason would not work against mutual understanding, learning, or compromise, nor (...) does the principle involve any violation of political equality. The real threat to democracy is not public reason, but the framing of public reason by a presumption against state action. (shrink)

One source of controversy surrounding John Rawls's later work — a source of both criticism and praise — has been the impression that he abandoned the philosophical project of figuring out what is truly just, in favour of the political project of working out a feasible consensus for people from a particular political tradition. One aspect of this controversy is the question of whether Rawls could advance his theory as being worthy of endorsement on the basis of good reasons without (...) also claiming it to be true. In preferring to claim reasonableness rather than truth, Rawls's main concern seems to have been to distinguish the ‘whole truth’ as represented by a particular comprehensive religious or philosophical doctrine, from the truth about politics given that reasonable people will inevitably disagree about the whole truth. (shrink)

This article analyses Adam Smith's and Sophie de Grouchy's accounts of sympathy to show how they arrive at strikingly different views on whether inequality is a threat to, or precondition of, social order. Where many scholars have recently sought to recover Smith's egalitarianism, I instead focus on how his account of sympathy in The Theory of Moral Sentiments naturalises socioeconomic inequalities, while also highlighting the wider inegalitarian implications of his analysis. I demonstrate that Grouchy was alert to these implications and (...) reveal how her own account of sympathy challenges the moral psychology underlying Smith's position on inequality. By reconstructing Grouchy's response to Smith, I illustrate how retrieving the insights of long‐overlooked thinkers can reorient the way we understand key debates in the history of philosophy, since Grouchy was far more concerned than Smith with exposing how economic inequality imperils the prospects of relating to one another as equals. (shrink)

Broadly speaking, the principle of public justifiability requires that the exercise of political power be justifiable to each and every person over whom that power is exercised. The idea of being justifiable to every person means being acceptable to any reasonable or otherwise qualified person, without such persons having to give up the comprehensive religious or philosophical doctrine they reasonably espouse. Public justifiability thus involves a partly idealized unanimity requirement, or as I will say, a criterion of multi-perspectival acceptability. The (...) demand for public justifiability can be specified in different ways, depending on what exactly has to be publicly justifiable, who is supposed to apply the principle, who counts as reasonable or otherwise qualified, and so on. One of these dimensions concerns the notion of acceptability. Should we care about acceptability to each reasonable perspective, based on all of the reasons that perspective accepts, or should we care about acceptability to all, based on only those reasons that all reasonable perspectives accept? This choice has been referred to by the distinction between "consensus" and "convergence." Sometimes people agree about practical conclusions but for different reasons, in which case their reasoning can be said to converge from different moral or philosophical starting points. Other times, people agree about their moral or philosophical starting points, but reach different practical conclusions, based on different beliefs about the factual context, different rankings of shared concerns, or different judgments about how to apply these concerns to specific situations. (shrink)

_The Routledge Companion to Philosophy of Psychology, Second Edition_ is an invaluable guide and major reference source to the major topics, problems, concepts and debates in philosophy of psychology and is the first companion of its kind. A team of renowned international contributors provide forty-nine chapters organised into six clear parts: Historical background to Philosophy of Psychology Psychological Explanation Cognition and Representation The biological basis of psychology Perceptual Experience Personhood. _The Companion_ covers key topics such as the origins of experimental (...) psychology; folk psychology; behaviorism and functionalism; philosophy, psychology and neuroscience; the language of thought, modularity, nativism and representational theories of mind; consciousness and the senses; dreams emotion and temporality; personal identity and the philosophy of psychopathology. For the_ second edition_ many of the current chapters have been updated, and seven new chapters added on important new topics such predictive processing, comparative cognition, learning, and group cognition, as well as a new introductory chapter by the editors on the demarcation between philosophy and psychology. Essential reading for all students of philosophy of mind, science and psychology, _The Routledge Companion to Philosophy of Psychology _will also be of interest to anyone studying psychology and its related disciplines. (shrink)

Elements comprising a set of building blocks for a feminist reconstruction of citizenship might include: a critical synthesis of citizenship as a status and a practice; strengthening the inclusive side of citizenship (within and across nation-states); the principle of differentiated universalism, addressing tensions between an analysis grounded in difference and the universalism standing at the heart of citizenship; and a challenge to the binary thinking that constrains the articulation of women's claims to citizenship.

Jason Brennan and John Tomasi have argued that if we focus on income alone, the Difference Principle supports welfare-state capitalism over property-owning democracy, because capitalism maximizes long run income growth for the worst off. If so, the defense of property-owning democracy rests on the priority of equal opportunity for political influence and social advancement over raising the income of the worst off, or on integrating workplace control into the Difference Principle’s index of advantage. The thesis of this paper is that (...) even based on income alone, the Difference Principle is not as hostile to property-owning democracy as it may seem, because the Difference Principle should not be interpreted to require maximizing long run income growth. The main idea is that it is unfair to make the present worst off accept inequality that doesn’t benefit them, for the sake of benefitting the future worst off, if the future worst off will be better off than they are anyway. (shrink)

This essay defends a novel interpretation of the term xìng 性 as it occurs in Chinese texts of the late Warring States period (roughly 320–221 BCE). The term played an important role both in the famous controversy over the goodness or badness of people’s xìng and elsewhere in the intellectual discourse of the period. Extending especially the work of A.C. Graham, the essay stresses the importance for understanding xìng of early Chinese assumptions about spontaneity, continuity, health, and (in the human (...) case) motivation. These assumptions make xìng fundamentally different from the contemporary nature concepts with which it is often equated. In particular, people’s xìng is not a near-equivalent of human nature or (in modern Chinese) of rénxìng 人性. (shrink)

For as long as history has been with us, religion has been a feature of human life. There is no known culture for which we have an ethnographic or an archaeological record that does not have some form of religion. Even in the secular societies that have become more common in the past few centuries, there are people who consider themselves religious and aspire to practise the rituals of their religion. These religions vary in form, style and size from small (...) cults numbering a few hundred people centred around a charismatic leader to worldwide organizations numbering tens, or even hundreds, of millions of adherents with representations in every country. Some, like Buddhism, take an individualistic stance (your salvation is entirely in your own hands), some like the older Abrahamic religions view salvation as more of a collective activity through the performance of appropriate rituals, and a few (Judaism is one) have no formal concept of an afterlife. Some like Christianity and Islam believe in a single all- powerful God. (shrink)

This essay concerns the disputed nature of the telos in Stoicism and argues that Michel Foucault’s description of the Stoic telos plausibly constitutes an accurate characterization, despite the frequent criticism it has received and the fact that it apparently neglects the important role of nature or physics in Stoicism. To advance this claim, the essay draws upon a neglected set of observations made by Foucault in The Hermeneutics of the Subject, in which the telos is characterized in terms of the (...) elimination of stultitia, or “indecision.” Once we analyze indecision and its causes from the perspective of physics, we can see that indecision is incompatible with the Stoic telos as standardly described, for example as “life in accord with nature.” It can be concluded that the Foucault’s view is not only plausible but is in fact supported by Stoic physics. The essay concludes with a discussion of some possible objections. (shrink)

The trial of Socrates -- Socrates in court -- How the system worked -- The charge of impiety -- The war years -- Alcibiades, Socrates, and the aristocratic milieu -- Pestilence and war -- The rise and fall of Alcibiades -- The end of the war -- Critias and Civil War --- Crisis and conflict -- Symptoms of change -- Reactions to intellectuals -- The condemnation of Socrates -- Socratic politics -- A cock for Asclepius.

One of the most important students of Franz Brentano was Anton Marty, who made it his task to develop a philosophy of language on the basis of Brentano’s analysis of mind. It is most unfortunate that Marty does not receive the attention he deserves, primarily due to his detailed and distracting polemics. In the analysis presented here his philosophy of language and other aspects of his thought, such as his ontology , are examined first and foremost in their positive rather (...) than critical character. The analysis is moreover supplemented by translations of four important works by Marty, including his entire work On the Origin of Language. These are in fact the first English translations of any substantial writings by him. The resulting picture that emerges from the analysis and translations is that Marty has much to say that proves to be of enduring interest for the philosophy of language on a range of topics, especially the meanings of statements, of emotive expressions, and of names as regards both their communicative and their ontological aspects. The volume will be of interest not only to philosophers and historians of philosophy, but also to historians of linguistics and psychology. (shrink)

In The Gay Science §341, the thought of eternal return is introduced as the announcement of a “demon.” Two possible hearers are described: one is crushed by the demon’s speech, while the other is overjoyed. This article argues that these responses are different because they are responses to different messages. One is conveyed in plain words by the demon’s speech; the other is implied by a final reference to “this ultimate eternal confirmation and sealing.” While that confirmation is provided by (...) what the demon says, not everyone will be aware of it: rather, only someone for whom the value of life has become problematic will be aware of it. Further, it seems that the demon does not understand his own message, since he personifies a will to knowledge that is indifferent to such concerns. Thus, only a human being can gain insight into the value and meaning of life from the thought of eternal return. (shrink)

What responsibility do individuals bear for structural injustice? Iris Marion Young has offered the most fully developed account to date, the Social Connections Model. She argues that we all bear responsibility because we each causally contribute to structural processes that produce injustice. My aim in this article is to motivate and defend an alternative account that improves on Young’s model by addressing five fundamental challenges faced by any such theory. The core idea of what I call the “Role-Ideal Model” is (...) that we are each responsible for structural injustice through and in virtue of our social roles, i.e. our roles as parents, colleagues, employers, citizens, etc., because roles are the site where structure meets agency. In short, the Role-Ideal Model explains how individual action contributes to structural change, justifies demands for action from each particular agent, specifies what kinds of acts should be undertaken, moderates between demanding too much and too little of individual agents, and provides an account of the critical responses appropriate for holding individuals accountable for structural injustice. (shrink)

In many cultures arrogance is regarded as a serious vice and a cause of numerous social ills. Although its badness is typically thought to lie in its harmful consequences for other persons and things, I draw on Kant to argue that what makes it a vice is first and foremost the failure to respect oneself. But arrogance is not only a problem inside individuals. Drawing on feminist insights I argue that it is a systemic problem constructed in and reinforcing unjust (...) distributions of social power. I identify ways in which arrogance is connected with social arrangements of domination and subordination, then discuss implications of a power-focused analysis Among the implications: (1) contrary to the widely-held view, humility is not the personal virtue opposing arrogance, self-respect is; (2) arrogance is not always a vice, for in circumstances of oppression a certain kind of arrogance is a virtue of self-respecting resistance to domination. (shrink)

A translation of Plato's dialogue on the nature of pleasure and its relation to thought and knowledge. It includes a cogent introduction, notes, and comprehensive bibliography.

Moral agency is limited, imperfect, and structurally constrained. This is evident in the many ways we all unwittingly participate in widespread injustice through our everyday actions, which I call ‘structural wrongs’. To do justice to these facts, I argue that we should distinguish between summative and formative moral criticism. While summative criticism functions to conclusively assess an agent's performance relative to some benchmark, formative criticism aims only to improve performance in an ongoing way. I show that the negative sanctions associated (...) with summative responses are only justifiably imposed under certain conditions when persons exercise their agency wrongly — conditions that do not always hold for structural wrongs. Yet even in such cases we can still use formative responses, which are warranted whenever agents fall short of moral ideals. Expanding our repertoire of moral criticism to include both summative and formative responses enables us to better appreciate both the powers and limitations of our agency, and the complexity of moral life. (shrink)

Sally Haslanger has recently argued that philosophical focus on implicit bias is overly individualist, since social inequalities are best explained in terms of social structures rather than the actions and attitudes of individuals. I argue that questions of individual responsibility and implicit bias, properly understood, do constitute an important part of addressing structural injustice, and I propose an alternative conception of social structure according to which implicit biases are themselves best understood as a special type of structure.

Platon, Aristote, Descartes, Rousseau, Hegel, Heidegger : tels sont les grands philosophes consacrés qui font ici l'objet d'une critique sans concession d'où il ressort que leur discours est daté quand il n'est pas tout simplement creux. renseignement s'en nourrit pourtant, relayant ainsi les commentaires bavards et prétentieux de fidèles serviteurs prisonniers d'une réputation surfaite de profondeur de la pensée. Ils ne se sont pas encore avisés que leurs formules sont vides. Ni véritable connaissance ni authentique sagesse, leur discours est un (...) bavardage sans fin à la gloire passée d'une discipline exsangue. "Au regard des disciplines devenues conquérantes : l'histoire, la psychologie, la sociologie, l'ethnologie, depuis que les grands progrès de la connaissance sont accomplis par les sciences et les techniques, la philosophie ne sait que faire. À mesure que les sciences progressent, que les méditations ne cheminent plus infailliblement par "la classe de philosophie", les systèmes philosophiques s'effondrent à un rythme qui fait peur. Que reste-t-il de ces valeureux combattants dont le propre de chacun a été de nier tous les autres? Platon, Aristote, Descartes, Des figurines abstraites et démodées, des penseurs vénérables soumis à une tradition fabriquée qui est encore une habile façon de justifier, par bribes, un état de fait insupportable". On aura compris que ce déboulonnage des idoles est en même temps un appel à une mise à jour radicale et assumée de la discipline. (shrink)

Offering a lively source of debate for professionals and academics, this volume provides a window on a topic that is frequently fraught with uncertainty.

Iris Marion Young’s influential Social Connections Model of responsibility offers a compelling approach to theorizing structural injustice. However, the precise nature of the kind of responsibility modelled by the SCM, along with its relationship to the liability model, has remained unclear. I offer a reading of Young that takes the difference between the liability model and the SCM to be an instance of a more longstanding distinction in the literature on moral responsibility: attributability vs. accountability. I show that interpreting the (...) SCM as a conception of accountability resolves a number of objections, while also highlighting the SCM’s distinctive stance on the relationship between ethics and politics. (shrink)

The Routledge Companion to Metaphysics is an outstanding, comprehensive and accessible guide to the major themes, thinkers, and issues in metaphysics. The Companion features over fifty specially commissioned chapters from international scholars which are organized into three clear parts: History of Metaphysics Ontology Metaphysics and Science. Each section features an introduction which places the range of essays in context, while an extensive glossary allows easy reference to key terms and definitions. The Routledge Companion to Metaphysics is essential reading for students (...) of philosophy and anyone interested in surveying the central topics and problems in metaphysics from causation to vagueness and from Plato and Aristotle to the present-day. (shrink)

What is objectionable about “blacking up” or other comparable acts of imagining involving unethical attitudes? Can such imaginings be wrong, even if there are no harmful consequences and imaginers are not meant to apply these attitudes beyond the fiction? In this article, we argue that blackface—and imagining in general—can be ethically flawed in virtue of being oppressive, in virtue of either its content or what imaginers do with it, where both depend on how the imagined attitudes interact with the imagining’s (...) context. We explain and demonstrate this using speech act theory alongside a detailed case study of blackface. (shrink)

Philosophy Compass, Volume 17, Issue 4, April 2022.

Our human forms of embodiment, the many various ways real bodies appear in the real world, structure our experiences, memories, thoughts, and language in ways both subtle and important. On The Good Place, we have bodies in the afterlife, and they must be real enough that they can be filled with pins and butthole spiders. Researchers recognized the importance of having a body in the real world as a method of building artificial intelligence (AI). Throughout the first three seasons of (...) The Good Place, Janet herself recognizes the ways she is changing. The change is subtle early on, so it's easy to continue to see her as the Busty Alexa that Eleanor sees at first. Janet is a refreshing way to think about AI going forward. She is a model for how AI researchers ought to think about the emergence of mind, thoughts and feelings that a system previously lacked. (shrink)

A fan is someone who, at minimum, has an interest in a thing to such a degree that they make it a recurring part of their life. If a person is reading this book then there is a good chance he/she is a fan of Saturday Night Live. Some people are fans of music, movies, or television, but this chapter focuses on sports fans. Specifically, it is concerned with partisan fans, the kind who watch football for the love of a (...) particular team, not for pure love of the game. Fans identify with each other through their shared interest, becoming a community. They support the same teams emotionally, financially, and otherwise. They also support each other through camaraderie and conversation. Depending on the level of fandom, there are different directions a fan can move. Casual and moderate fans can regress, grow, or stay the same, whereas Super Fans can only regress or stay the same. (shrink)