In this paper I respond to Robert Taylor's argument that a Rawlsian framework does not support strong affirmative action programs. The paper makes three main arguments. The first disputes Taylor's claim that strong AA would not be needed in ideal conditions. Private racial discrimination, I suggest, might still exist in such conditions, so strong AA might be needed there. The second challenges Taylor's claims that pure procedural justice constrains Rawlsian nonideal theory. I argue that this rests on a fetishizing of (...) pure procedural justice that is absent from Rawls's work. I also show that a revised formulation of Taylor's concern here also fails. My third argument makes a positive Rawlsian case for strong AA in nonideal conditions that builds on a Taylor concession. Taylor suggests that the goal of nonideal theory is to create a world in which ideal theory can be applied. My argument begins by showing that another permissible goal of Rawlsian nonideal theory is to ameliorate injustice. I then argue that Rawls's contractualist framework supports the strongest forms of AA when category 3 interventions are blocked. (shrink)

In this article, I focus on Johann Nikolaus Tetens’s linguistic theory to make three arguments: (a) this linguistic theory endorses a phonological (contra phonetic) approach to the acoustic sphere of language; (b) the phonological approach is based on the idea that sounds can turn into phonemes (of a properly human language) only when a minimally rational reflection on them is made; and (c) the phonological approach allows us to understand the phoneme as a differential unity, as being composed of structure (...) and function, and as giving a theoretical basis for language learning. (shrink)

Quale rapporto c'è tra una noticina di appena 30 righe e un'opera filosofica di quasi 500 pagine? A questa domanda, appassionante per chi s'interessa alla genesi delle opere del pensiero, Simone D'Agostino risponde esaminando il rapporto tra il capolavoro blondeliano del 1893, L'Action, e quella che si suole chiamare la "Première notule" del 5 novembre 1882. Il presente lavoro non è uno studio genetico del pensiero blondeliano, bensì una sua interpretazione sistematica da due punti focali e rispecchiantisi l'uno nell'altro. Sotto (...) questo aspetto, la ricerca di D'Agostino può definirsi unica nel suo genere. (shrink)

In Nicomachean Ethics X.7–8, Aristotle defends a striking view about the good for human beings. According to Aristotle, the single happiest way of life is organized around philosophical contemplation. According to the narrowness worry, however, Aristotle's contemplative ideal is unduly Procrustean, restrictive, inflexible, and oblivious of human diversity. In this paper, I argue that Aristotle has resources for responding to the narrowness worry, and that his contemplative ideal can take due account of human diversity.

Aristotle’s views on the choiceworthiness of friends might seem both internally inconsistent and objectionably instrumentalizing. On the one hand, Aristotle maintains that perfect friends or virtue friends are choiceworthy and lovable for their own sake, and not merely for the sake of further ends. On the other hand, in Nicomachean Ethics IX.9, Aristotle appears somehow to account for the choiceworthiness of such friends by reference to their utility as sources of a virtuous agent’s robust self-awareness. I examine Aristotle’s views on (...) the utility and choiceworthiness of friends, and offer a novel reading of Nicomachean Ethics IX.9. On this reading, Aristotle accepts a version of instrumental conditionalism about final value, that is, the thesis that goods (including friends) can be choiceworthy for their own sake (i.e., possess final or end value) at least partly on account of their instrumental properties. In articulating what sort of instrumental conditionalism it is reasonable to attribute to Aristotle, I argue that Aristotle appeals to the utility of perfect friends as part of a broadly material causal account of why such friends are choiceworthy for their own sake. On this reading, perfect friends are not choiceworthy for the sake of their utility in eliciting self-awareness; rather, their choiceworthiness for their own sake is (at least partly) realized in, or constituted by, their conduciveness to the virtuous agent’s self-awareness. This reading, I argue, frees Aristotle from the charge of inconsistency: Aristotle can appeal to the conduciveness of perfect friends to the virtuous agent’s self-awareness as a way of explaining why such friends are choiceworthy for their own sake. (shrink)

In Plato’s Symposium, the mysterious Apollodorus recounts to an unnamed comrade, and to us, Aristodemus’ story of just what happened at Agathon’s drinking party. Since Apollodorus did not attend the party, however, it is unclear what relevance he could have to our understanding of Socrates’ speech, or to the Alcibiadean “satyr and silenic drama” (222d) that follows. The strangeness of Apollodorus is accentuated by his recession into the background after only two Stephanus pages. What difference—if any—does Apollodorus make to the (...) Symposium? Does his inclusion call the dramatic and philosophical unity of the work into question? I argue that despite initial appearances, Plato has important philosophical reasons for including Apollodorus as a character. Far from being an odd appendage to an otherwise complete narrative, the figure of Apollodorus is useful for our understanding of Socrates’s conception of eros later in the work. (shrink)

It has frequently been suggested that Rawls’s characteristic method of justification, a method crucially involving the notion of reflective equilibrium, is in some sense relativistic in its implications. No sustained development of this suggestion has been undertaken by those who advance it; likewise, no sustained attempt to refute this suggestion has been made by those who are otherwise sympathetic to Rawls’s account of justification. I here attempt to fill these gaps in the already extensive literature associated with the method of (...) reflective equilibrium. At below, I review claims that Rawls’s method has relativistic implications. I also attempt, for purposes of argument, to buttress these claims by citing remarks of Rawls which could be interpreted as relativistic in character. At below, I consider problems of political reasoning as these arise in societies which are ill- and well-ordered in Rawls’s sense. At below, I consider problems of political reasoning as these arise between the members of two or more well-ordered societies, each of which is regulated by a different conception of justice. I also there adapt Williams’s distinction between notional and real confrontations between incompatible systems of beliefs in order to distinguish two kinds of conflict with respect to fundamental political principles. Finally, I show how a notion of broad reflective equilibrium can be deployed in order to solve those problems of political adjudication which may arise between the members of societies which have distinct conceptions of justice. At this point it should be clear that Rawls’s method of justification is not, in intention at least, relativistic in its implications. (shrink)

Prioritarianism is an ethical theory that gives extra weight to the well-being of the worse off. In contrast, dominant policy-evaluation methodologies, such as benefit-cost analysis, cost-effectiveness analysis, and utilitarianism, ignore or downplay issues of fair distribution. Based on a research group founded by the editors, this important book is the first to show how prioritarianism can be used to assess governmental policies and evaluate societal conditions. This book uses prioritarianism as a methodology to evaluate governmental policy across a variety of (...) policy domains: taxation, health policy, risk regulation, education, climate policy, and the COVID-19 pandemic. It is also the first to demonstrate how prioritarianism improves on GDP as an indicator of a society's progress over time. Edited by two senior figures in the field with contributions from some of the world's leading economists, this volume bridges the gap from the theory of prioritarianism to its practical application. (shrink)

In fragments of the lost Protrepticus, preserved in Iamblichus, Aristotle responds to Isocrates’ worries about the excessive demandingness of theoretical philosophy. Contrary to Isocrates, Aristotle holds that such philosophy is generally feasible for human beings. In defense of this claim, Aristotle offers the progress argument, which appeals to early Greek philosophers’ rapid success in attaining exact understanding. In this paper, I explore and evaluate this argument. After making clarificatory exegetical points, I examine the argument’s premises in light of pressing worries (...) that the argument reasonably faces in its immediate intellectual context, the dispute between Isocrates and Aristotle. I also relate the argument to modern concerns about philosophical progress. I contend that the argument withstands these worries, and thereby constitutes a reasonable Aristotelian response to the Isocratean challenge. (shrink)

This Article provides a comprehensive, critical overview of proposals to use happiness surveys for steering public policy. Happiness or “subjective well-being” surveys ask individuals to rate their present happiness, life-satisfaction, affective state, etc. A massive literature now engages in such surveys or correlates survey responses with individual attributes. And, increasingly, scholars argue for the policy relevance of happiness data: in particular, as a basis for calculating aggregates such as “gross national happiness,” or for calculating monetary equivalents for non-market goods based (...) on coefficients in a happiness equation. But is individual well-being equivalent to happiness? The happiness literature tends to blur or conflate important concepts: well-being, subjective well-being, happiness, utility, satisfaction. A preference-realization account of well-being denies the equivalence of happiness and welfare, since someone can have preferences for non-mental attributes, such as health, autonomy, goal-fulfillment, knowledge or the quality of her relationships. It is critical, therefore, to differentiate two potential policy roles for happiness surveys. First, the survey response may provide prima facie evidence of the respondent’s preference-utility: the extent to which her preferences are realized. Second, it may indicate her experience-utility: the quality of her mental states. The Article clarifies these two, very different, ideas. It then criticizes, in turn, the preference-utility and the experience-utility defenses of the policy relevance of happiness surveys. Enthusiasm about happiness is premature. (shrink)

Someone is “verballed” in the Anglo-Australian idiom if they have attributed to them statements they did not actually make and indeed have explicitly denied. We will examine the evidence that Kuhn and Feyerabend were verballed in this sense by their critics and that the role of the idea of incommensurability in their argumentation has been systematically misunderstood and -represented. In particular, we will see that neither Kuhn nor Feyerabend, despite what their critics often say about them, held that incommensurability of (...) theories implies the rational incomparability of theories. This is especially clear in the case of Feyerabend, whose argument is NOT that theories in a scientific tradition are on occasion incommensurable, but, rather, that, when the relations of theories in a tradition are represented in a particular way, they may on occasion be incommensurable according to that representation and hence incomparable if that representation is taken as providing the mechanisms of comparison. And the point of this claim is not to establish something about science, but, rather, to establish something about the representations of science which yield this result (i.e. that two theories might be incommensurable). Feyerabend in other words invokes incommensurability (according to the standards of a particular representation) as a reductio of that mode of representation. And this argument in fact depends precisely on the comparability of theories which are, according to the representation, incommensurable. Feyerabend’s argument is about the ways in which we should understand progress in science and he is concerned, in particular, to establish that a historically informed approach is superior to an approach which, if applicable, is applicable only to what he calls “abstract traditions”. Kuhn’s work, especially in the Postscript—1969, provides complementary materials, especially in relation to a collectivised and non-“algorithmic” account of theory choice across formally incommensurable paradigms. (shrink)

I explore Aristotle’s account in the Nicomachean Ethics of how agents attain self-awareness through contemplation. I argue that Aristotle sets up an account of self-awareness through contemplating friends in Books VIII-IX that completes itself in Book X’s remarks on theoretical contemplation. I go on to provide an account of how contemplating the divine, on Aristotle’s view, elicits self-awareness.

We show that Smullyan's analytic tableaux cannot p-simulate the truth-tables. We identify the cause of this computational breakdown and relate it to an underlying semantic difficulty which is common to the whole tradition originating in Gentzen's sequent calculus, namely the dissonance between cut-free proofs and the Principle of Bivalence. Finally we discuss some ways in which this principle can be built into a tableau-like method without affecting its analytic nature.

One of Thomas Kuhn's profoundest arguments is introduced in the 1970 “Postscript” to The Structure of Scientific Revolutions . Kuhn is discussing the idea of a “disciplinary matrix” as a more adequate articulation of the “paradigm” notion he'd introduced in the first, 1962, edition of his famous work . He notes that one “element” of disciplinary matrices is likely to be common to most or even all such matrices, unlike the other elements which serve to distinguish specific disciplines and sub-disciplines (...) from one another. This is the element which he calls “values”, which, as he notes , being common to a number of otherwise distinct disciplinary matrices, “do much to provide a sense of community to natural scientists as a whole”. On the other hand, they also do much, and crucially in Kuhn's view, to promote and sustain a healthy diversity among the practitioners who share any specific disciplinary matrix. In particular, Kuhn claims that “individual variability in the application of shared values may serve functions essential to science.”. (shrink)

Normal science involves persistent collective application of an agreed research agenda. Anomaly can threaten normal science, but so too can “undue persistence” in that agenda by a normal science peer group. We consider how “undue persistence” might be a collective effect of the common incentive structure that individual members of the peer group typically face in relation to their careers. To understand how “undue persistence” might be ameliorated, we consider the affordances of a peer’s membership of a departmental collegium, organized (...) on a different basis than the specialist peer group and hence able to supply the individual scholar with kinds of information and critical comment that may occasion off-agenda contributions to the specialty. The idea of brokerage is borrowed from the sociology of innovation to see how a scholar’s departmental colleagues might be able to broker new ways of thinking that can assist in the avoidance of “undue persistence”. (shrink)

Cost-benefit analysis is a widely used governmental evaluation tool, though academics remain skeptical. This volume gathers prominent contributors from law, economics, and philosophy for discussion of cost-benefit analysis, specifically its moral foundations, applications and limitations. This new scholarly debate includes not only economists, but also contributors from philosophy, cognitive psychology, legal studies, and public policy who can further illuminate the justification and moral implications of this method and specify alternative measures. These articles originally appeared in the Journal of Legal Studies. (...) Contributors: - Matthew D. Adler - Gary S. Becker - John Broome - Robert H. Frank - Robert W. Hahn - Lewis A. Kornhauser - Martha C. Nussbaum - Eric A. Posner - Richard A. Posner - Henry S. Richardson - Amartya Sen - Cass R. Sunstein - W. Kip Viscusi. (shrink)

Kuhn’s “essential tension” between conservative and innovative imperatives in enquiry has an empirical analogue—between the potential benefits of collectivization of enquiry and the social dynamic impediments to effective sharing of information and insights in collective settings. A range of empirical materials from social psychology and organization theory are considered which bear on the issue of balancing these opposing forces and an institution is described in which they are balanced in a way which is appropriate for collective knowledge production.

In this paper I discuss Kant’s philosophy of grammar in order to argue that: (a) the formal analysis of language implies that there is a structural correspondence between logical and grammatical form; (b) there is a distinction between the sense in which logic is formal and the sense in which grammar is formal; (c) universal grammar descends from the system of categorial functions that are investigated in the transcendental analytic; (d) transcendental grammar implies that the universal form of human language (...) has its ground in the universal structure of thought; (e) the concept of a grammatical norm is clarified once we combine the theory of universal grammar with how linguistic experience takes place. (shrink)

In this paper we explore a generalization of traditional abduction which can simultaneously perform two different tasks: given an unprovable sequent Γ ⊢ G, find a sentence H such that Γ, H ⊢ G is provable ; given a provable sequent Γ ⊢ G, find a sentence H such that Γ ⊢ H and the proof of Γ, H ⊢ G is simpler than the proof of Γ ⊢ G . We argue that the two tasks should not be distinguished, (...) and present a general procedure for finding suitable hypotheses or lemmas. When the original sequent is provable, the abduced formula can be seen as a cut formula with respect to Gentzen's sequent calculus, so the abduction method is cut-based. Our method is based on the tableau-like system KE and we argue for its advantages over existing abduction methods based on traditional Smullyan-style Tableaux. (shrink)

In this paper I focus on Lask’s theory of the form of judgement, in order to argue that: (i) Lask’s definition of form is referentialist, meaning that it involves a necessary reference to the relevant matter; (ii) the surface structure of judgement, which is described by grammar, does not necessarily identify with its deep structure, which is described by metagrammar; (iii) only metagrammar allows us to explain the representationality of judgement; (iv) the previous points agree with an extensionalist definition of (...) judgemental representation. (shrink)

This work provides a rigorous analysis of what Tuomela calls ‘the we-perspective’. Tuomela's overarching project is to argue that ‘conceptualizing social life and theorizing about it requires the use of group concepts, indeed the we-perspective and, especially, the we-mode.’ Already some of the complexities of Tuomela's approach will be evident – viz. in the distinction, implied in the above quotation and carried through systematically throughout the work, between the ‘we-perspective’ and the ‘we-mode’. For, indeed, it is possible, on his account, (...) to take up the we-perspective from the I-mode and, indeed, this is probably quite common, but is not adequate to ground the analysis of social and institutional concepts. As Tuomela puts it , ‘The concept of social institution is a we-mode concept, and in actual practice, at least some we-mode thinking and acting is required for institutions to function adequately.’ Since ‘we-mode’ is the more central notion, let us begin with that. It will be instructive to quote Tuomela at length : " Agent A, a member of group g, has ATT, the attitude ATT with content p, in … ". (shrink)

It has frequently been suggested that Rawls’s characteristic method of justification, a method crucially involving the notion of reflective equilibrium, is in some sense relativistic in its implications. No sustained development of this suggestion has been undertaken by those who advance it; likewise, no sustained attempt to refute this suggestion has been made by those who are otherwise sympathetic to Rawls’s account of justification. I here attempt to fill these gaps in the already extensive literature associated with the method of (...) reflective equilibrium. At below, I review claims that Rawls’s method has relativistic implications. I also attempt, for purposes of argument, to buttress these claims by citing remarks of Rawls which could be interpreted as relativistic in character. At below, I consider problems of political reasoning as these arise in societies which are ill- and well-ordered in Rawls’s sense. At below, I consider problems of political reasoning as these arise between the members of two or more well-ordered societies, each of which is regulated by a different conception of justice. I also there adapt Williams’s distinction between notional and real confrontations between incompatible systems of beliefs in order to distinguish two kinds of conflict with respect to fundamental political principles. Finally, I show how a notion of broad reflective equilibrium can be deployed in order to solve those problems of political adjudication which may arise between the members of societies which have distinct conceptions of justice. At this point it should be clear that Rawls’s method of justification is not, in intention at least, relativistic in its implications. (shrink)

The COVID-19 crisis has forced a difficult trade-off between limiting the health impacts of the virus and maintaining economic activity. Welfare economics offers tools to conceptualize this trade-off so that policy-makers and the public can see clearly what is at stake. We review four such tools: the Value of Statistical Life (VSL); the Value of Statistical Life Years (VSLYs); Quality-Adjusted Life-Years (QALYs); and social welfare analysis, and argue that the latter are superior. We also discuss how to choose policies that (...) differentially affect people’s wellbeing. We argue in favor of evaluating policies using a Social Welfare Function (SWF), which evaluates the possible distributions of wellbeing across individuals that may result from a policy. Such a function, we argue, should regard increases in the wellbeing of the less well-off as especially valuable. We then use a model to illustrate how such a framework can help evaluate two broad policy types in response to the pandemic: eradication of the virus, and more lenient control of the spread. Our model reveals how such evaluations depend on many empirical facts but also on key value judgments about the relative importance of health and on the extent of special concern for the worse off. The purpose of this brief is not to make precise recommendations, as conditions vary widely across countries and over time, but to provide a methodology. (shrink)

Traditionally, Aristotle is held to believe that philosophical contemplation is valuable for its own sake, but ultimately useless. In this volume, Matthew D. Walker offers a fresh, systematic account of Aristotle's views on contemplation's place in the human good. The book situates Aristotle's views against the background of his wider philosophy, and examines the complete range of available textual evidence. On this basis, Walker argues that contemplation also benefits humans as perishable living organisms by actively guiding human life activity, (...) including human self-maintenance. Aristotle's views on contemplation's place in the human good thus cohere with his broader thinking about how living organisms live well. A novel exploration of Aristotle's views on theory and practice, this volume will interest scholars and students of both ancient Greek ethics and natural philosophy. It will also appeal to those working in other disciplines including classics, ethics, and political theory. (shrink)

To understand the continuing importance of John Rawls’s work, we need to understand the background, the object and the method of his fifty-year quest as a political thinker. The background to Rawls’s investigation was a (carefully circumscribed) acknowledgement of a certain kind of evaluative pluralism. The object of Rawls’s work was to develop a method of commensuration that would enable us, the free and equal citizens of a democratic society, to identify a common basis for our dealings, in search of (...) mutual benefit, with one another. Finally, the method used by Rawls in his work was broadly, though tacitly rather than explicitly, pragmatist in character, especially in the sense that Rawls was aiming, now explicitly, to develop principles of political association that generate their own support in the attitudes and actions of those whose behavior they are intended to guide. (shrink)

Does individual desert matter for distributive justice? Is it relevant, for purposes of justice, that the pattern of distribution of justice’s “currency” (be it well-being, resources, preference-satisfaction, capabilities, or something else) is aligned in one or another way with the pattern of individual desert? -/- This paper examines the nexus between desert and distributive justice through the lens of individual claims. The concept of claims (specifically “claims across outcomes”) is a fruitful way to flesh out the content of distributive justice (...) so as to be grounded in the separateness of persons. A claim is a relation between a person and a pair of outcomes. If someone is better off in one outcome than a second, she has a claim in favor of the first. If she is equally well off in the two outcomes, she has a null claim between the two. In turn, whether one outcome is more just than a second depends upon the pattern of claims between them. -/- In prior work, I have elaborated the concept of claims across outcomes, and have used it to provide a unified defense of the Pareto and Pigou-Dalton axioms. Adding some further, plausible, axioms, we arrive at prioritarianism. -/- Here, I consider the possibility of desert-modulated claims—whereby the strength of an individual’s claim between two outcomes is determined not only by her well-being levels in the two outcomes, and her well-being difference between them, but also by her desert. This generalization of the notion of claims suggests a new axiom of justice: Priority for the More Deserving, requiring that, as between two individuals at the same well-being level, a given increment in well-being be allocated to the more deserving one. -/- If individual desert is intrapersonally fixed, this new axiom, together with a desert-modulated version of the Pigou-Dalton principle, and the Pareto axioms, yields a desert-modulated prioritarian account of distributive justice. Trouble arises, however, if an individual’s desert level can be different in different outcomes. In this case of intrapersonally variable desert, Priority for the More Deserving can conflict with the Pareto axioms (both Pareto indifference and strong Pareto). -/- This conflict, I believe, is sufficient reason to abandon the proposal to make claim strength a function of individual desert on top of well-being levels and differences. If distributive justice is truly sensitive to each individual’s separate perspective—if the justice ranking of outcomes is built up from the totality of individual rankings—we should embrace the Pareto axioms as axioms of justice and reject Priority for the More Deserving. In short: desert-modulated prioritarianism is a nonstarter. Rawls was right to sever distributive justice from desert. (shrink)

Sunstein aims to provide a nonsectarian account of moral heuristics, yet the account rests on a controversial meta-ethical view. Further, moral theorists who reject act consequentialism may deny that Sunstein's examples involve moral mistakes. But so what? Within a theory that counts consequences as a morally weighty feature of actions, the moral judgments that Sunstein points to are indeed mistaken, and the fact that governmental action at odds with these judgments will be controversial doesn't bar such action.

The law within each legal system is a function of the practices of some social group. In short, law is a kind of socially grounded norm. H.L.A Hart famously developed this view in his book, The Concept of Law, by arguing that law derives from a social rule, the so-called “rule of recognition.” But the proposition that social facts play a foundational role in producing law is a point of consensus for all modern jurisprudents in the Anglo-American tradition: not just (...) Hart and his followers in the positivist school, most prominently Joseph Raz and Jules Coleman, but also the anti-positivist Ronald Dworkin, who argues that law necessarily synthesizes moral considerations with social facts. But which group’s practices ground each legal system? In particular, which group’s practices undergird U.S. law? Positivists since Hart have universally pointed to either officials or judges as the “recognitional community” (my term): the group such that its rules, conventions, cooperative activities, or practices in some other sense are the social facts from which the law of a given legal system derives. So Hart and all other positivists would identify either U.S. officials or U.S. judges as the recognitional community for U.S. law. This Article grapples with the tension between the positivist’s official- or judge-centered account of the recognitional community and the “popular constitutionalism” now so widely defended by constitutional scholars such as Larry Kramer, Robert Post, Reva Siegel, Mark Tushnet, Jeremy Waldron, and many others. Surely the popular constitutionalist would want to claim that U.S. citizens, not judges or officials, are the recognitional community for U.S. law. I term this position “deep popular constitutionalism.” Indeed, it turns out that Dworkin’s account of law, in its ambition to generate associative moral obligations for the citizenry as a whole, implies deep popular constitutionalism. Here there is a disagreement, hitherto unnoticed, between Dworkin and the positivists. My solution to this disagreement – to the debate between deep popular constitutionalists and deep official or judicial supremacists -- is to dissolve it by providing a group-relative account of law. Social norms, such as norms of dress or eating, are clearly group-relative. A particular dressing or eating behavior may be socially appropriate relative to one group’s norms, yet socially inappropriate relative to another’s. This Article extends the group-relative view from social norms to law itself, with a particular focus on U.S. law and constitutionalism. Part I surveys the jurisprudential literature. It shows how Hart and successor positivists identify the rule of recognition as a social practice engaged in by officials or some subset of officials (judges), rather than citizens generally, and argues that Dworkin by contrast sees the citizenry as a whole as his recognitional community. Parts II and III defend a group-relative account of law. Part II argues, with reference to the U.S. experience, that multiple groups can simultaneously instantiate the kind of social fact that undergirds law, be it a convention, a social norm, a “shared cooperative activity” (SCA), or something else. At many points in U.S. constitutional history, multiple official or citizen groups, defined along departmental, partisan, regional, state-federal, religious, or other lines, have accepted competing rules of recognition for U.S. law. Part III argues that “law” functions, primarily, as either an explanatory or a normative construct, and that insisting on a single recognitional community for each legal system would be arbitrary, both for explanatory purposes and for normative purposes. Part IV considers the many implications of the group-relative account for U.S. constitutional theory – in particular, for popular constitutionalism. (shrink)

The Expanse is propelled into action when James Holden does what is morally right. In our everyday world, the prospect of spending time in jail short circuits the need for moral reflection. Not so in the anarchic world of The Expanse. This chapter uses just war theory to explore the moral obligations that exist when the political order breaks down. Philosophy helps us develop a moral language for making choices and evaluating actions. Michael Walzer accounts for the compassionate behavior by (...) arguing that soldiers, through reflection, come to recognize the basic moral obligations that humans have toward one another. He discerns five philosophical principles that govern our judgments about “how to fight”—all of which suggest that, deep down, we don't really believe the old canard that “all's fair in love and war.”. (shrink)

This chapter contains sections titled: What I s Regulation? How Should We Morally Evaluate Regulation? Welfarism; the Pareto Principle; Kaldor‐Hicks Efficiency versus Social Welfare Functions The Two Fundamental Theorems of Welfare Economics and the Market Failure Framework Externalities Public Goods and Monopoly Power The Coase Theorem Information and Paternalism as Rationales for Regulation Regulatory Forms and Regulatory Choice Criteria References.

Decision theory seems to offer a very attractive normative framework for individual and social choice under uncertainty. The decisionmaker should think of her choice situation, at any given moment, in terms of a set of possible outcomes, that is, specifications of the possible consequences of choice, described in light of the decisionmaker's goals; a set of possible actions; and a "state set" consisting of possible prior "states of the world." It is this framework for choice which provides the foundation for (...) expected utility theory, as demonstrated in the work of Leonard Savage. Problems arise, however, when the decisionmaker is boundedly rational: when the mental process of thinking about outcomes, actions, and states is itself expensive and time consuming. In the case of the unboundedly rational decisionmaker, decision theory enjoins her to employ maximally specific outcomes; to consider all possible actions; and to use a set of mutually exclusive and collective exhaustive states, each of which is sufficiently finely specified so that each action, together with each state, yields one and only one maximally specific outcome. In the case of the boundedly rational decisionmaker, this procedure is either infeasible or, if feasible, irrational. This paper presents the problem of bounded rationality. It surveys possible solutions, none of which are found to be attractive. And it concludes by discussing the difficulties that the problem of bounded rationality poses for the welfarist program for legal scholarship presented by Louis Kaplow and Steven Shavell in their book, Fairness versus Welfare. (shrink)

How should we make interpersonal comparisons of well-being levels and differences? One branch of welfare economics eschews such comparisons, which are seen as impossible or unknowable; normative evaluation is based upon criteria such as Pareto or Kaldor-Hicks efficiency that require no interpersonal comparability. A different branch of welfare economics, for example optimal tax theory, uses “social welfare functions” to compare social states and governmental policies. Interpersonally comparable utility numbers provide the input for SWFs. But this scholarly tradition has never adequately (...) explained the basis for these numbers. John Harsanyi, in his work on so-called “extended preferences,” advanced a fruitful idea. While an ordinary preference is a ranking of outcomes, an “extended preference” is a ranking of individual histories. To say that individual k has an extended preference for history over means something like the following: k prefers to have the attributes of individual i in outcome x, as opposed to having the attributes of individual j in outcome y. Harsanyi’s proposal was to endow individuals with “extended preferences”; to represent such preferences using “extended” utility functions; and to employ such functions, in turn, as the basis for interpersonal comparisons of well-being levels and differences. Harsanyi’s analysis, however, had various gaps and flaws. In this Article, I both diagnose these difficulties, and show how they can be remedied - yielding a viable account of interpersonal comparisons, one sufficient for the needs of the SWF approach. (shrink)

This chapter is an essay in a volume that examines constitutional law in the United States through the lens of H.L.A. Hart's "rule of recognition" model of a legal system. My chapter focuses on a feature of constitutional practice that has been rarely examined: how jurists and scholars argue about interpretive methods. Although a vast body of scholarship provides arguments for or against various interpretive methods -- such as textualism, originalism, "living constitutionalism," structure-and-relationship reasoning, representation reinforcement, minimalism, and so forth (...) -- very little scholarship shifts to the meta-level and asks: What are the considerations that jurists and scholars bring to bear in arguing that one or another interpretive method is legally favored? And can we "make sense" of this body of argument? Is there a model of legal discourse that both accurately describes how U.S. jurists and scholars actually argue about interpretive methods, and that vindicates this discourse (in the sense of seeing these actors as making valid arguments)? I find that Hart's rule-of-recognition model fails to describe or vindicate how U.S. jurists and scholars argue about interpretive methods. The problem, in a nutshell, is that Hart sees legal argument as asserting or presupposing the social fact of contemporary official acceptance of a rule of recognition. By contrast, jurists and scholars typically point to social facts other than contemporary official acceptance in arguing for the legal status of an interpretive method -- for example, the fact that the method is supported by Framers' intent, or by U.S. culture and tradition, or by precedent. Further, jurists and scholars very often argue that some interpretive method is legally favored even though the method is controversial. On Hart's model, such a claim is problematic -- because, on his model, the content of the rule of recognition is not controversial, but rather a matter of consensus among officials. The upshot may just be that Hart's model is a failure. However, another possibility is to adopt an "error theory" of U.S. constitutional discourse. It may perhaps be the case that U.S. jurists and scholars often make claims for the favorable legal status of some interpretive method that are inconsistent with the best understanding of the nature of law. (shrink)

By scholarly consensus, extant fragments from, and testimony about, Aristotle’s lost dialogue Eudemus provide strong evidence for thinking that Aristotle at some point defended the human soul’s unqualified immortality (either in whole or in part). I reject this consensus and develop an alternative, deflationary, speculative, but textually supported proposal to explain why Aristotle might have written a dialogue featuring arguments for the soul’s unqualified immortality. Instead of defending unqualified immortality as a doctrine, I argue, the Eudemus was most likely offering (...) a dramatically engaging propaedeutic to the sort of philosophical inquiry about the soul and its prospects that Aristotle pursues more scientifically in the De anima and Parva naturalia. (shrink)

The relationship between dream content and waking life experiences remains difficult to decipher. However, some neurobiological findings suggest that dreaming can, at least in part, be considered epiphenomenal to ongoing memory consolidation processes in sleep. Both abnormalities in sleep architecture and impairment in memory consolidation mechanisms are thought to be involved in the development of psychosis. The objective of this study was to assess the continuity between delusional contents and dreams in acutely psychotic patients. Ten patients with a single fixed (...) and recurring delusional content were asked to report their dreams during an acute psychotic break. Sixteen judges with four different levels of acquaintance to the specific content of the patients’ delusions were asked to group the dreams, expecting that fragments of the delusional thought would guide the task. A mathematical index was developed in order to compare correct groupings between the four groups of judges. Most judges grouped the dreams slightly above chance level and no relevant differences could be found between the four groups [F = 1.297; p = n.s.]. Scoring of dreams for specific delusional themes suggested a continuity in terms of dream and waking mentation for two contents . These findings seem to suggest that at least some delusional contents recur within patients’ dreams. Future studies will need to determine whether such continuity reflects ongoing consolidation processes that are relevant to current theories of delusion formation and stabilization. (shrink)

Philosophy of Social Science, that social scientific investigations do not and cannot meet the liberal requirement of "neutrality" most familiar to social scientists in the form of Max Weber's requirement of value-freedom. He argues, moreover, that this is for "institutional," not idiosyncratic, reasons: methodological demands (e.g., of validity) impel social scientists to pass along into their "objective" investigations the values of the people, groups, and cultures they are studying. In this paper, I consider the implications of Root's claims for the (...) use of social scientific results in the formation of policy in a democratic society. In particular, I argue that Root's results amplify familiar "post-modernist" conclusions: there is no "neutral" and "objective" basis for policy-making. (shrink)

This chapter offers a complete account of Aristotle’s underexplored treatment of the virtue of wittiness (eutrapelia) in Nicomachean Ethics IV.8. It addresses the following questions: (1) What, according to Aristotle, is this virtue and what is its structure? (2) How do Aristotle’s moral psychological views inform Aristotle’s account, and how might Aristotle’s discussions of other, more familiar virtues, enable us to understand wittiness better? In particular, what passions does the virtue of wittiness concern, and how might the virtue (and its (...) attendant vices) be related to the virtue of temperance (and its attendant vices)? (3) How does wittiness, as an ethical virtue, benefit its possessor? (4) How can Aristotle resolve some key tensions that his introducing a virtue of wittiness apparently generates for his ethics? In addition to exploring these questions, this chapter challenges some commonly accepted accounts of Aristotle’s views on the nature of the laughable. (shrink)

The focus of this study was to analyze the content, distribution, and comparative genome relationships of 996 chromosome bin-mapped expressed sequence tags accounting for 2266 restriction fragments on the homoeologous group 3 chromosomes of hexaploid wheat. Of these loci, 634, 884, and 748 were mapped on chromosomes 3A, 3B, and 3D, respectively. The individual chromosome bin maps revealed bins with a high density of mapped ESTs in the distal region and bins of low density in the proximal region of the (...) chromosome arms, with the exception of 3DS and 3DL. These distributions were more localized on the higher-resolution group 3 consensus map with intermediate regions of high-mapped-EST density on both chromosome arms. Gene ontology classification of mapped ESTs was not significantly different for homoeologous group 3 chromosomes compared to the other groups. A combined analysis of the individual bin maps using 537 of the mapped ESTs revealed rearrangements between the group 3 chromosomes. Approximately 232 of the consensus mapped ESTs matched sequences on rice chromosome 1 and revealed large- and small-scale differences in gene order. Of the group 3 mapped EST unigenes ∼21 and 32% matched the Arabidopsis coding regions and proteins, respectively, but no chromosome-level gene order conservation was detected. (shrink)