In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 : (...) 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)

In this collection, a leading sociologist brings his distinctive method of social criticism to bear on some of the most significant ideas, political and social events, and thinkers of the late twentieth century. In the first section, the author examines several concepts that have figured prominently in recent political-ideological controversies: capitalism, rationality, totalitarianism, power, alienation, left and right, and cultural relativism/ multiculturalism. He considers their origins, historical shifts in their meaning and the myths surrounding them, and their resonance beyond their (...) formal definitions. The second section highlights the author's lifelong interest in the relation of intellectuals to social classes and institutions. The author assesses the notion of a 'New Class', considers the implications for class structure of the increasing centring of intellectual life in the university, and assesses the relation of sociology to professional jargon. (shrink)

In this article, I present the structural consequences generated by the continuous and systematic epistemic injustices carried out in certain communities or institutions. These injustices contribute to building a structure of silencing, denial of epistemic authority, cover-up and impunity. The importance of the normative aspect that guides the reflections about these injustices will be exposed in two senses: on the one hand, insofar as it is necessary to have criteria that allow establishing the truth in the background of evaluation (...) of epistemic injustices and, on the other, in the sense of specifying how systematically attempting against it produces almost irreversible epistemic damage and guarantees the perpetuation of the structure. It will be shown how this happens within the framework of a powerful institution such as the Catholic Church, which has exhibited a pattern of testimonial injustices and the cover-up of abuses within it for decades. (shrink)

. Two Mutually Exclusive Concepts of Harm? Retrospective and Structural Wrongful Harm at the Bases of a Compensatory-Based Approach for Loss and Damage. Ethics, Policy & Environment: Vol. 21, Geoengineering, Political Legitimacy and Justice, Guest Edited by Stephen Gardiner and Augustin Fragnière, pp. 391-395.

It is widely thought that firms that employ workers in “sweatshop” conditions wrongfully exploit those workers. This claim has been challenged by those who argue that because companies are not obligated to hire their workers in the first place, employing them cannot be wrong so long as they voluntarily accept their jobs and genuinely benefit from them. In this article, I argue that we can maintain that at least many sweatshop employees are wrongfully exploited, while accepting the plausible claim (...) at the core of many defenses of sweatshops, namely that engaging in a voluntary and mutually beneficial transaction with a person in need cannot constitute morally worse treatment of that person than doing nothing at all to benefit her. We can do this, I claim, by accepting that wealthy multinational corporations have positive duties to employ or otherwise benefit the global poor. I argue that these duties can be plausibly grounded in the fact that potential sweatshop workers are victims of global structural injustice, from which multinational corporations typically benefit. (shrink)

Many of the most pressing moral problems that face our world are structural problems. Problems of this nature present difficulties for Christian ethicists because structural features tend to undermine conditions for the attribution of individual moral responsibility. This essay proposes an approach to this problem that reconciles a social account of sin with individual moral responsibility. Two key moves drive this proposal. First, I argue for a sharper distinction between sin and moral wrongdoing than is common. Second, I (...) argue that both sin and individual moral responsibility ought to be understood socially. This proposal addresses deep conceptual problems and points practical efforts in a new direction. (shrink)

Alasia Nuti’s important recent book, Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress, makes many persuasive interventions. Nuti shows how structural injustice theory is enriched by being explicitly historical; in theorizing historical-structural injustice, she lays bare the mechanisms of how the injustices of history reproduce themselves. For Nuti, historical-structural patterns are not only shaped by habitual behaviors that are or appear to be morally permissible, but also by individual wrongdoing and wrongdoing by powerful (...) group agents like states. In this article, I extend Nuti’s rich analysis, focusing on two questions that arise from her theory of historical-structural injustice: Beyond being blameworthy for wrongful acts themselves, are culpable wrongdoers blameworthy for contributing to structural injustice? Does historical moral ignorance mitigate moral responsibility for past injustice? Regarding, I distinguish between the local and societal structural effects of wrongdoing. Though I think this distinction is well-founded, it ultimately leads to tensions with structural injustice theory’s idea of ordinary individuals being blameless for reproducing unjust structures. Regarding, I argue that even though it is natural for the question of historical moral ignorance to arise in considering past wrongdoing, at least in the case of powerful group agents, we should not overlook forms of cruelty which present-day moral concepts are not needed to condemn. (shrink)

In many Western capitalist economies, private indebtedness is pervasive, but it has received little attention from political philosophers. Economic theory emphasizes the liberating potential of debt contracts, but its picture is based on assumptions that do not always hold, especially when there is a background of structural injustice. Private debt contracts are likely to miss their liberating potential if there is deception or lack of information, if there is insufficient access to (regular forms of) credit, or if credit is (...) overly expensive. Markets for private debt can be mechanisms of structural injustice: rather than playing a neutral role, they reinforce injustices, because the failures of debt to be liberating disproportionately hit individuals in disadvantaged positions. By individualizing what are in fact structural problems, private debt can contribute to stigmatization, social exclusion and oppression. What is at stake, from a perspective of structural justice, is not only the distribution of income, but also the distribution of risk. The problems of private debt markets therefore require political attention. In addition to fighting the structural injustices that form the background condititions of private debt, it is also worth addressing private debt markets themselves. (shrink)

Achinstein, Putnam, and others have urged the rejection of the received view on theories (which construes theories as axiomatic calculi where theoretical terms are given partial observational interpretations by correspondence rules) because (i) the notion of partial interpretation cannot be given precise formulation, and (ii) the observational-theoretical distinction cannot be drawn satisfactorily. I try to show that these are the wrong reasons for rejecting the received view since (i) is false and it is virtually impossible to demonstrate the truth (...) of (ii). Nonetheless, the received view should be rejected because it obscures a number of epistemologically important features of scientific theorizing. I show this by sketching an alternative analysis which reveals some of these features and gives a more faithful picture of scientific theorizing. (shrink)

I argue that the central conflict between epistemic and ontic versions of structural realism concerns whether it is possible to read off ontology from current fundamental science. Even if we assume that structures are metaphysically superior to objects, the possibility of reading off ontology from current fundamental science remains unjustified. I show that the conclusion as regards to the reading off ontology in the ontic version is already assumed in one of the premises; hence the argument begs the question. (...) As a result, the problem of ontological discontinuity implied in the pessimistic meta-induction argument remains intact in ontic structural realism. (shrink)

‘Epistemic structural realism’ (ESR) insists that all that we know of the world is its structure, and that the ‘nature’ of the underlying elements remains hidden. With structure represented via Ramsey sentences, the question arises as to how ‘hidden natures’ might also be represented. If the Ramsey sentence describes a class of realisers for the relevant theory, one way of answering this question is through the notion of multiple realisability. We explore this answer in the context of the work (...) of Carnap, Hintikka and Lewis. Both Carnap and Hintikka offer clear structuralist perspectives which, crucially, accommodate the openness inherent in theory change. Unfortunately there is little purchase for a viable form of realism in either case. Lewis’s approach, on the other hand, offers more scope for realism but, as we shall see, concerns arise as to whether a relevant form of structuralism can be maintained. In particular his thesis of Ramseyan humility undermines certain conceptions of scientific laws that the structural realist might naturally cleave to. Our overall conclusion is that the representational device of Ramsey sentence plus multiple realisability can accommodate either the structuralist or realist aspects of ESR but has difficulties capturing both. (shrink)

Some recent scholarship in the philosophy of criminal law has claimed that sexual penetration ‘per se’—meaning, consensual or otherwise—is pro tanto morally wrong, or that there exist ‘general reasons’ against it. On such a view, penetrative sex is only ever at best justified wrongdoing. When paired with an influential view about the theoretical basis of the offence-defence distinction in criminal law, the apparent implication is that sexual penetration alone ought to constitute the actus reus of rape, with the question (...) of consent relegated to a defence matter. This article firstly sets out some of the difficult upshots of considering all sexual penetration to be pro tanto wrong, particularly when one attends to the full moral entailments of justified wrongdoing. Assuming, arguendo, that sexual penetration is pro tanto wrong, it is also far from clear, I suggest, that consent, of all things, amounts to a justification for penetrative sex. This creates further difficulties for the pro tanto wrong view. Finally, I argue that even if penetrative sex is a pro tanto moral wrong of some kind, it does not follow, as some scholars have suggested, that there is a case for making penetrative sex as such the offence element of rape. (shrink)

We care not only about how people treat us, but also what they believe of us. If I believe that you’re a bad tipper given your race, I’ve wronged you. But, what if you are a bad tipper? It is commonly argued that the way racist beliefs wrong is that the racist believer either misrepresents reality, organizes facts in a misleading way that distorts the truth, or engages in fallacious reasoning. In this paper, I present a case that challenges (...) this orthodoxy: the case of the supposedly rational racist. We live in a world that has been, and continues to be, structured by racist attitudes and institutions. As a result, the evidence might be stacked in favour of racist beliefs. But, if there are racist beliefs that reflect reality and are rationally justified, what could be wrong with them? Moreover, how do I wrong you by believing what I epistemically ought believe given the evidence? To address this challenge, we must recognize that there are not only epistemic norms governing belief, but moral ones as well. This view, however, is at odds with the assumption that moral obligation requires a kind of voluntary control that we lack with regard to our beliefs. This background assumption motivates many philosophers to try to explain away the appearance that beliefs can wrong by locating the wrong elsewhere, e.g., in an agent’s actions. Further, even accounts that accept the thesis that racist beliefs can wrong restrict the class of beliefs that wrong to beliefs that are either false or the result of hot irrationality, e.g., the racist belief is a result of ill-will. In this paper I argue that although the these accounts will capture many of the wrongs associated with racist beliefs, they will be only partial explanations because they cannot explain the wrong committed by the supposedly rational racist. The challenge posed by the supposedly rational racist concerns our epistemic practices in a non-ideal world. The world is an unjust place, and there may be many morally objectionable beliefs it justifies. To address this challenge, we must seriously consider the thesis people wrong others in virtue of what they believe about them, and not just in virtue of what they do. (shrink)

In this paper we elucidate the notion of ‘social wrongs’. It differs from moral wrongness, and is broader than narrowly political wrongs. We distinguish conceptually monadic wrongness (1.1), dyadic wronging (1.2), and the idea of there being something ‘wrong with’ an entity (1.3). We argue that social and political wrongs share a feature with natural badness or wrongness (illnesses of organisms) as well as malfunctioning artifacts or dysfunctional organizations: they violate so called ought-to-be norms; they are not as they (...) ought to be; there is something wrong with them. In contrast, moral wrongs are violations of ought-to-do norms. Social wrongs typically, but not invariably, include dyadic wronging. We examine who or what can wrong whom or what, and by what means: we can be wronged by individuals and groups, as well as by practices, institutions or structures (2.1–2.3). The notion of structural injustice is compared to the notion of social wrongs in 2.4. Social wrongs are defined as there being something wrong with the social reality (3.3), in comparison to there being something wrong with an organism or a system (3.1), including the narrowly political wrongs of systems of governance (3.2). (shrink)

This article examines the reception of Roy Bhaskar amongst some contemporary Deleuzians. It proceeds by rejecting the all too often predilection of opposing realism to ‘postmodernism’ or ‘post-structuralism’ arguing instead for the need to bring one into dialogue with the other. To this end, the paper explores the resonances and points of departure between the work of Gilles Deleuze and Roy Bhaskar. In particular, it examines the language of causation, object-oriented versus process-oriented ontologies, as well as the charge by Deleuzians (...) that Bhaskar is an essentialist. Through this engagement it attempts to develop and rethink explanation and causation in terms of a more chaotic ontology of machines, centered around the concept of structure, process, and production in an open, heterogeneous, and dynamic world. The end result is a more chaotic concept of realism. (shrink)

Context shapes negotiators’ actions, including their willingness to act unethically. Focusing on negotiators use of deception, we used a simulated two-party negotiation to test how three contextual variables—regulatory focus, power, and trustworthiness—interacted to shift negotiators’ ethical thresholds. We demonstrated that these three variables interact to either inhibit or activate deception, providing support for an interactionist model of ethical decision-making. Three patterns emerged from our analyses. First, low power inhibited and high power activated deception. Second, promotion-focused negotiators favored sins of omission, (...) whereas prevention-focused negotiators favored sins of commission. Third, low cognition-based trust influenced deception when negotiators experience fit between power and regulatory focus, whereas affect-based trust influenced deception when negotiators experience misfit between these structural context variables. We conclude that regulatory focus primes different moral templates: promotion-focused negotiators’ decision to deceive is determined by moral pragmatism, whereas prevention-focused negotiators’ decision to deceive is determined by opportunism. Because each combination of power and regulatory focus was tied to a specific subcomponent of trust, we further conclude that negotiators engage in motivated information search to determine whether they should deceive their opponents. (shrink)

This book examines contemporary structural social injustices from a feminist perspective. It asks: what makes oppression, discrimination, and domination wrongful? Is there a single wrongness-making feature of various social injustices that are due to social kind membership? Why is sexist oppression of women wrongful? What does the wrongfulness of patriarchal damage done to women consist in? In thinking about what normatively grounds social injustice, the book puts forward two related views. First, it argues for a paradigm shift in focus (...) away from feminist philosophy that is organized around the gender concept woman, and towards feminist philosophy that is humanist. This is against the following theoretical backdrop: Politically effective feminism requires ways to elucidate how and why patriarchy damages women, and to articulate and defend feminism's critical claims. In order to meet these normative demands an influential theoretical outlook has emerged: for emancipatory purposes feminist philosophers should articulate a thick conception of the gender concept woman around which feminist philosophical work is organized. However, Part I of the book argues that we should resist this move, and that feminist philosophers should reframe their analyses of injustice in humanist terms. Second, the book spells out a humanist alternative to the more prevalent gender-focus in feminist philosophy. This hinges on a notion of dehumanization, which Part II of the book develops. The argued for understanding of dehumanization is used to explicate the wrongness-making feature of social injustices, both in general and of those due to patriarchy. Dehumanization is not another form of injustice-rather, it is that which makes forms of social injustice unjust. The book's second part then provides a regimentation of social injustice from a feminist perspective in order to spell out the specifics of the proposed humanist feminism, and to demonstrate how it improves some non-feminist analyses of injustice too. (shrink)

Although the idea that sexual violence is a “structural” problem is not new, the lack of specification as to what that entails blocks effective responses to it. This paper illustrates the concept of sexual violence as structural in the sense of containing a type of moral wrong called “structural wrong” and discusses its practical implications. First, I introduce a distinction between two types of moral wrongs—interactional wrongs and structural wrongs—and I argue that the moral (...) problem of sexual violence includes both types, each of which calls for a different set of moral responses. Second, drawing on Iris Marion Young’s social connection model of responsibility, I argue that recognizing the structural-wrong element of sexual violence does not reduce individual perpetrators’ responsibility for it. Instead, it implies that a broader group of agents are required to join collective actions to reform the social structure. I conclude by evaluating some preventive programs against sexual violence through the lens of structural wrongs and providing directions to advance them. (shrink)

You shouldn’t have done it. But you did. Against your better judgment you scrolled to the end of an article concerning the state of race relations in America and you are now reading the comments. Amongst the slurs, the get-rich-quick schemes, and the threats of physical violence, there is one comment that catches your eye. Spencer argues that although it might be “unpopular” or “politically incorrect” to say this, the evidence supports believing that the black diner in his section will (...) tip poorly. He insists that the facts don’t lie. The facts aren’t racist. In denying his claim and in believing otherwise, it is you who engages in wishful thinking. It is you who believes against the evidence. You, not Spencer, are epistemically irrational. -/- My dissertation gives an account of the moral-epistemic norms governing belief that will help us answer Spencer and the challenge he poses. We live in a society that has been shaped by racist attitudes and institutions. Given the effects of structural racism, Spencer’s belief could have considerable evidential support. Spencer notes that it might make him unpopular, but he cares about the truth and he is willing to believe the unpopular thing. But, Spencer’s belief seems racist. Spencer asks, however, how could his belief be racist if his beliefs reflect reality and are rationally justified? Moreover, how could he wrong anyone by believing what he epistemically ought to believe given the evidence? In answer, I argue that beliefs can wrong. (shrink)

In this article, I discuss cases in which moral grievances, particularly assertions that a moral injury has taken place, are systematically obstructed by received linguistic and epistemic practices. I suggest a social epistemological model for theorizing such cases of moral epistemic injustice. Towards this end, I offer a reconstruction of Lyotard’s concept of the differend, comparing it with Miranda Fricker’s concept of epistemic injustice, and considering it in light of some criticisms posed by Axel Honneth. Through this reconstruction and a (...) series of examples, I demonstrate that a basic formal structure recurs in cases of discursively repressed moral injury, namely, a particular kind of dilemma. I argue that appreciating this dilemma pushes us in the direction of a form of non-ideal ethical theory and I conclude by elaborating a conception of moral reflective judgement that begins from particular experiences of moral injury and moves towards the creation of new moral universals. (shrink)

Investigates a complex structure of morality, the demands such morality places on individuals, and the behavioral consequences of the system of right and wrong.

It is often argued that oppression reduces freedom. I argue against the view that oppression is wrong because it reduces freedom. Conceiving oppression as wrong because it reduces freedom is at odds with recognizing structural cases of oppression, because (a) many cases of oppression, including many structural ones, do not reduce agents’ freedom, and (b) the type of freedom reduction involved in many structural instances of oppression is not morally objectionable. If the mechanisms of oppression (...) are sometimes indistinguishable from benign, or even ineluctable, processes of social shaping, arguments that oppression is objectionably freedom-reducing risk implausibly suggesting that socialization itself is objectionably freedom-reducing. I show how three strategies for explaining how oppression reduces freedom either fall into the trap of overgenerality, or end up appealing to values other than freedom to avoid it. I conclude by suggesting that oppression might be better thought of as an affront to equality. (shrink)

Alasia Nuti’s recent book Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress puts forward a compelling vision of contemporary duties to redress past wrongdoing, grounded in the idea of “historical-structural-injustice”, constituted by the “structural reproduction of an unjust history over time and through changes”. Such an approach promises to transcend the familiar scholarly divide between “backward-looking” and “forward-looking” models, and allow for a reparative approach that focuses specifically on those past wrongs that impact the (...) present, while retaining a significant focus on the historical. While Nuti’s work is perhaps the most sophisticated treatment of structural injustice to date, this paper argues that an exclusive concentration on historical-structural-injustices neglects some aspects and some acts of wrongdoing that call out for present-day redress. What is needed, therefore, is a pluralist theory that can accept the pressing force in the present of historical-structural-injustices, whilst also making room for past-regarding duties that either do not fit, or are not best conceptualized in terms of, this approach, without being overwhelmed by the sheer scale of historic injustice. (shrink)

This book brings together two of the most powerful and relevant philosophical critiques of human rights: the post-colonialist and the post-Althusserian, its balanced internal structure not just throwing these two critiques together, but actually forcing them to enter into confrontation and dialogue. The book is organised in three parts: at each end, the post-colonialist and the post-Althusserian critiques are represented by some of their main thinkers, while in the middle, an American intermezzo functions as a genuine Derridian supplement: always already (...) contaminating the purity of the two theoretical schools, preventing their enclosure and, hence, fuelling and complicating further their mutual confrontation. As in any authentic dialogue, the introduction and the conclusion each claim victory for one of the sides by changing the very terms and rules of the dialogue, picturing it as a confrontation between emancipatory universalism and inefficient particularism, or as a split between hypocrisy and truth. (shrink)

Automated Influence is the use of Artificial Intelligence to collect, integrate, and analyse people’s data in order to deliver targeted interventions that shape their behaviour. We consider three central objections against Automated Influence, focusing on privacy, exploitation, and manipulation, showing in each case how a structural version of that objection has more purchase than its interactional counterpart. By rejecting the interactional focus of “AI Ethics” in favour of a more structural, political philosophy of AI, we show that the (...) real problem with Automated Influence is the crisis of legitimacy that it precipitates. (shrink)

One of the influential contributions to criminalisation theories is Duff’s work on public wrongs, which offers a thin master principle of criminalisation, proposing that we have a reason to criminalise a type of conduct if it constitutes a public wrong; one that violates a polity’s civil order and forms part of that polity’s proper business. The nature of the civil order, the scope of its proper business, and the distinction between the public and private realms of wrongs are context-relative (...) to each polity, structured by their legal, institutional, and informal values and ways of life. Such a context-relative view led to problematic criminalisation examples raised by Duff and his critics. This article engages more fully with the relativism of the civil order and public wrongs in non-democratic and illiberal contexts. It draws on examples such as Saudi Arabi and Iran, and Beetham’s work on the legitimation of power to argue that conceptualising the civil order as an undifferentiated whole that represents a polity’s chosen way of life overlooks the ways in which the civil order’s values and practices are shaped by relations of power and exclusion rules and processes. This, in turn, exposes the theory to the risk of mirroring and legitimising unequal relations of power and impeding efforts to change them. This is also due to the theory’s lack of proper normative guidance on the legitimacy of criminalisation. The potential commitment to – instead of a preference for – democracy and guarantees of equality and freedoms might help strengthen the theory normatively, but it is insufficient to guard against the raised problems. (shrink)

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)

Jerry Fodor (Concepts: Where cognitive science went wrong. New York: Oxford University Press, 1998) famously argued that lexical concepts are unstructured. After examining the advantages and disadvantages of both the classical approach to concepts and Fodor's conceptual atomism, I argue that some lexical concepts are, in fact, structured. Roughly stated, I argue that structured lexical concepts bear a necessary biconditional entailment relation to their structural constituents. I develop this account of the structure of lexical concepts within the framework (...) of Pavel Tichy's (The foundations of Frege's logic. Berlin, New York: De Gruyter, 1988) theory of constructions. I argue that concepts are constructions which can be combined by way of Tichy's construction-forming operations of composition and closure and an additional operation, simplification, which I propose in section 6. The last of these construction-forming operations plays a central role in my account of lexical concept structure. Stated generally, structured lexical concepts are a result of simplifying their structural constituents. (shrink)

Socially responsible publishers, such as the BMJ Publishing Group, have demonstrated a commitment to health equity and working towards rectifying the structural racism that exists both in healthcare and in medical publishing. 1 The commitment of academic publishers to collecting information relevant to promoting equity and diversity is important and commendable where it leads to that result. 2 However, collecting sensitive demographic data is not a morally neutral activity. Rather, it carries with it both known and potential risks. Among (...) these are issues around privacy or data misuse, as well as more basic concerns about how, when or why people should be categorised in certain ways and/or prompted to conceive of themselves or their identities in certain terms. 3 If such data are to be collected, therefore, their effectiveness in achieving the stated ends must have a sufficiently compelling evidence base so as to justify the... (shrink)

Why, despite his enormous influence in the latter part of the twentieth century, has Kuhn left no distinctively Kuhnian legacy? I argue that this is because the development of Kuhn’s own thought was in a direction opposite to that of the mainstream of the philosophy of science. In the 1970s and 1980s the philosophy of science took on board the lessons of externalism as regards reference and knowledge, and became more sympathetic to a naturalistic approach to philosophical problems. Kuhn, on (...) the other hand, started out with a strong naturalistic streak, employing non-philosophical disciplines, primarily psychology, in order to build his accounts of scientific change and the nature of observation and scientific thought. But by the 1970s Kuhn’s work had taken on a much more purely philosophical, a priori, tone. His explanation of incommensurability moved from a psychological explanation to one embedded in the philosophy of language. Increasingly he gave his outlook a Kantian gloss. I suggest, nonetheless, that Kuhn’s most valuable contribution is to be found in The Structure of Scientific Revolutions and not in his later work, and that the naturalistic direction of the former has important links with connectionist research in cognitive science that deserve further study.Author Keywords: Kuhn; Scientific revolutions; Empiricism; Naturalism; Incommensurability; Reference. (shrink)

The focus in the literature on scientific explanation has shifted in recent years towards model-based approaches. In recent work, Alisa Bokulich has argued that idealization has a central role to play in explanation. Bokulich claims that certain highly-idealized, structural models can be explanatory, even though they are not considered explanatory by causal, mechanistic, or covering law accounts of explanation. This paper focuses on Bokulich’s account in order to make the more general claim that there are problems with maintaining that (...) a structural criterion can capture the way that highly-idealized models explain. This paper examines Bokulich’s claim that the structural model explanation of quantum wavefunction scarring, featuring semiclassical mechanics, is deeper than the explanation provided by the local quantum model. The challenge for Bokulich is to show that the semiclassical model answers a wider range of w-questions, as this is her method of assessing structural information. I look at two reasonable approaches employing w-questions, and I argue that neither approach is ultimately satisfactory. Because structural similarity has preferences for more fundamental models, I argue that the local quantum model provides explanations that at least as deep as the semiclassical ones. The criterion either wrongly identifies all models as explanatory, or prefers models from fundamental theory. Either way, it cannot capture the way that highly-idealized models explain. (shrink)

There is currently a wide-ranging philosophical discussion of two kinds of reasons for attitudes which are sometimes called the right and wrong kinds of reasons for those attitudes. The question is what the distinction shows about the nature of the attitudes, and about reasons and normativity in general. The distinction is deemed to apply to reasons for different kinds of attitudes such as beliefs and intentions, as well as so-called proattitudes, e.g. admiration or desire. Wlodek Rabinowicz’s and Toni Rønnow-Rasmussen’s (...) paper “The Strike of the Demon” (2004) forged the shape and structure of the current discussion. Their focus is on the fitting-attitude theory of value (henceforth: FA theory), a version of which is (as they see it) the so-called ‘buck-passing account’, the view that the value of an object consists in the fact that it has properties other than that of being valuable which provide reasons for pro-attitudes. The main problem for this approach is that there are some reasons for having those attitudes which are not provided by properties that make their object valuable. Those are the wrong kind of reasons in the sense that FA theory must be able to distinguish them from those properties that figure in the analysis of value. -/- But the discussion of the wrong kind of reasons problem (for short: WKR problem) has spread far beyond FA theory and buck-passing accounts: various philosophers hope to provide a unified account of central issues concerning practical and theoretical normativity by giving an explanation of why certain reasons are of the wrong kind for forming an attitude. -/- They perceive what appears to be a unified phenomenon, and suspect that the explanation of why some reasons are of the wrong kind and others of the right kind for having an attitude are relevantly similar across different attitudes, and may reveal constitutive normative constraints that the attitudes in question are subject to. If the explanation of the right kind/wrong kind of reasons distinction is basically the same, or has the same general form, for theoretical attitudes such as belief, and practical attitudes like intention, and both rely on the normative constraints that are constitutive for the attitudes, then we may be able to provide a unified account of theoretical and practical normativity. Thus, explaining why certain reasons are of the wrong kind would furnish a heuristic for discovering important features of practical and theoretical normativity alike. -/- In this paper I want to show why this ambition is misguided. I argue for two claims: (1) we should sharply distinguish the wrong kind of reasons problem as it arises for FA theories from any other problem that comes under the same name, and (2) the WKR problem outside of FA theory doesn’t have a very clear shape (if indeed there is such a problem at all). In particular, there is no similarity between reasons to believe and reasons to intend in this regard, and therefore no hope for a unified explanation of the alleged phenomenon. (shrink)

Many philosophers embrace grounding, supposedly a central notion of metaphysics. Grounding is widely assumed to be irreflexive, but recently a number of authors have questioned this assumption: according to them, it is at least possible that some facts ground themselves. The primary purpose of this paper is to problematize the notion of self-grounding through the theoretical roles usually assigned to grounding. The literature typically characterizes grounding as at least playing two central theoretical roles: a structuring role and an explanatory role. (...) Once we carefully spell out what playing these roles includes, however, we find that any notion of grounding that isn’t irreflexive fails to play these roles when they are interpreted narrowly, and is redundant for playing them when they are interpreted more broadly. The upshot is that no useful notion of grounding can allow a fact to ground itself. (shrink)

According to moral encroachment facts about epistemic justification can vary with moral factors that are unrelated to the truth of the belief. Most of the literature on this topic has focused on how beliefs can wrong, and whether the data that moral encroachers offer in support of their view can be explained within a purist framework. A largely neglected question has been what kind of consequences moral encroachment would have for epistemic justification if the thesis were true. Here I (...) remedy this shortcoming by examining what kind of structural implications moral encroachment has for epistemic justification. (shrink)

How we engage in epistemic practice, including our methods of knowledge acquisition and transmission, the personal traits that help or hinder these activities, and the social institutions that facilitate or impede them, is of central importance to our lives as individuals and as participants in social and political activities. Traditionally, Anglophone epistemology has tended to neglect the various ways in which these practices go wrong, and the epistemic, moral, and political harms and wrongs that follow. In the past decade, (...) however, there has been a turn towards the non-ideal in epistemology. This volume gathers new works by emerging and world-leading scholars on a significant cross section of themes in non-ideal epistemology. Articles focus on topics including intellectual vices, epistemic injustices, interpersonal epistemic practices, and applied epistemology. In addition to exploring the various ways in which epistemic practices go wrong at the level of both individual agents and social structures, the papers gathered herein discuss how these problems are related, and how they may be addressed. -/- Contributors: Alison Bailey, Olivia Bailey, Simon Barker, Heather Battaly, Havi Carel, Quassim Cassam, Charlie Crerar, Miranda Fricker, Trystan S. Goetze, Heidi Grasswick, Keith Harris, Casey Rebecca Johnson, Ian James Kidd, and Alessandra Tanesini. (shrink)

The metaphor of scaffolding has become current in discussions of the cognitive help we get from artefacts, environmental affordances and each other. Consideration of mathematical tools and representations indicates that in these cases at least (and plausibly for others), scaffolding is the wrong picture, because scaffolding in good order is immobile, temporary and crude. Mathematical representations can be manipulated, are not temporary structures to aid development, and are refined. Reflection on examples from elementary algebra indicates that Menary is on (...) the right track with his ‘enculturation’ view of mathematical cognition. Moreover, these examples allow us to elaborate his remarks on the uniqueness of mathematical representations and their role in the emergence of new thoughts. (shrink)

Half of the drug offenders incarcerated in the United States are black, even though whites and blacks use and sell drugs at the same rate, and blacks make up only 13 percent of the population. Noncomparativists about retributive justice see nothing wrong with this picture; for them, an offender’s desert is insensitive to facts about other offenders. By contrast, comparativists about retributive justice assert that facts about others can partially determine an offender’s desert. Not surprisingly, comparativists, especially comparative egalitarians, (...) contend that differential punishment is retributively unjust. I agree with this assessment, but take issue with the reasons egalitarians cite in its favor. In this paper, I argue that differential punishment violates retributive justice because it contributes to structural racial oppression. Over the course of developing and defending this claim, I identify the shortcomings of both comparative egalitarianism and respectarianism, which is the most popular and plausible brand of noncomparativism. (shrink)

This paper proposes that Dickens’s Bleak House is symptomatic of a so-called social realm, in which neither oikos nor polis exists as a distinct, autonomous entity; therefore, neither can offer sanctuary or adequately discharge the historical role of the household – maintaining life. In this zone of indistinction, the symbolic structures of London’s law have become the city’s physical structures, leading to symptoms like Jo the outlaw, whose illness and death is attributed to the failure of both the polis and (...) the oikos – the city’s legal housekeeping and the law-as-house, respectively – to maintain life. London’s law has become so immanent that it takes on the role of religion, thus precluding God’s transcendence. Ultimately, the novel recoils from London’s threatening presence and attempts to inter the nineteenth-century anxieties associated with the city – anxieties centering around the law both as structure and religion – through redemptive repetition: Bleak House attempts to wrest the oikos from the clutches of the polis. But despite the novel’s efforts, as the divisions between oikos and polis collapse, it is ultimately impossible for either sphere to retain any semblance of itself. As a result, retreat from the polis to the oikos is impossible: there are no longer well-defined domains – of oikos or polis – into which to retreat in the growing indistinction of the social realm. (shrink)

What form must a theory of epistemic injustice take in order to successfully illuminate the epistemic dimensions of struggles that are primarily political? How can such struggles be understood as involving collective struggles for epistemic recognition and self-determination that seek to improve practices of knowledge production and make lives more liveable? In this paper, I argue that currently dominant, Fricker-inspired approaches to theorizing epistemic wrongs and remedies make it difficult, if not impossible, to understand the epistemic dimensions of historic and (...) ongoing political struggles. Recent work in the theory of recognition— particularly the work of critical, feminist, and decolonial theorists—can help to identify and correct the shortcomings of these approaches. I offer a critical appraisal of recent conversation concerning epistemic injustice, focusing on three characteristics of Frickerian frameworks that obscure the epistemic dimensions of political struggles. I propose that a theory of epistemic injustice can better illuminate the epistemic dimensions of such struggles by acknowledging and centering the agency of victims in abusive epistemic relations, by conceptualizing the harms and wrongs of epistemic injustice relationally, and by explaining epistemic injustice as rooted in the oppressive and dysfunctional epistemic norms undergirding actual communities and institutions. (shrink)

The role of trust in financial investment has been a matter of some contention, one often obscured by two misconceptions: (1) that financial relationships are fit only for wary predictive reliance where trust has no rational basis, and (2) that in those relationships where trust is operative it must be worth preserving. Following Baier’s contention that trust, like air, is more easily seen when polluted, here I consider Ponzi schemes as exemplars of corrupt and polluted trust. Without attending to the (...) role of trust in financial relationships, I argue, we can not make sense of how Ponzi schemes work, why investors are fooled, what it is that makes Ponzi schemes distinctively wrong, and what differentiates them from structurally similar yet legitimate financial practices. (shrink)

The role of trust in financial investment has been a matter of some contention, one often obscured by two misconceptions: (1) that financial relationships are fit only for wary predictive reliance where trust has no rational basis, and (2) that in those relationships where trust is operative it must be worth preserving. Following Baier’s contention that trust, like air, is more easily seen when polluted, here I consider Ponzi schemes as exemplars of corrupt and polluted trust. Without attending to the (...) role of trust in financial relationships, I argue, we can not make sense of how Ponzi schemes work, why investors are fooled, what it is that makes Ponzi schemes distinctively wrong, and what differentiates them from structurally similar yet legitimate financial practices. (shrink)

The metaphor of scaffolding has become current in discussions of the cognitive help we get from artefacts, environmental affordances and each other. Consideration of mathematical tools and representations indicates that in these cases at least, scaffolding is the wrong picture, because scaffolding in good order is immobile, temporary and crude. Mathematical representations can be manipulated, are not temporary structures to aid development, and are refined. Reflection on examples from elementary algebra indicates that Menary is on the right track with (...) his ‘enculturation’ view of mathematical cognition. Moreover, these examples allow us to elaborate his remarks on the uniqueness of mathematical representations and their role in the emergence of new thoughts. (shrink)

The DSM is the main classification of mental disorders used by psychiatrists in the United States and, increasingly, around the world. Although widely used, the DSM has come in for fierce criticism, with many commentators believing it to be conceptually flawed in a variety of ways. This paper assesses some of these philosophical worries. The first half of the paper asks whether the project of constructing a classification of mental disorders that ‘cuts nature at the joints’ makes sense. What is (...) mental disorder? Are types of mental disorder natural kinds (that is, are the distinctions between them objective and of fundamental theoretical importance, as are, say, the distinctions between the chemical elements)? The second half of the paper addresses epistemic worries. Even if types of mental disorder are natural kinds there may be reason to doubt that the DSM will come to reflect their natural structure. In particular, I examine the extent to which the DSM is theory-laden, and look at how it has been shaped by social and financial factors. Ultimately, I conclude that although the DSM is of immense practical importance it is not likely to become the best possible classification of mental disorders. (shrink)

RésuméSophia Moreau, dans son livre important, offre un compte rendu instructif de l'un des aspects de la discrimination répréhensible, soit celui basé sur le fléau de la subordination. Ma contribution au symposium vise à clarifier la structure de la présentation de Moreau sur la subordination et son statut normatif et axiologique. La première interprétation plausible veut que la subordination soit fondamentalement mauvaise ou immorale. La seconde est à l'effet que la subordination est un phénomène social distinctif, qui n'est mauvais ou (...) immoral que de manière dérivée. Je décrirai chaque point de vue et examinerai les implications de chacun pour certaines questions au cœur de l'ouvrage de Moreau. (shrink)

Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the (...) capitalists produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately on having produced something. (A view oddly enough shared with the libertarian right, though the LTP is better support for egalitarian or socialist views; see my From Libertarianism to Egalitarianism, 18 Social Theory & Prac. 259-288 (1992).) -/- I show that the idea that Marx's objection to exploitation is based on injustice or LTP-grounded theft is mistaken. Marx's real objection to exploitation is based on unfreedom, that capitalist relations of production, he thinks, unnecessarily limit human freedom. In the first place Marx is quite clear that he vehemently rejects the concepts of justice, fairness, or rights as bourgeois ideology. It is true that he uses the language of "theft" on occasion, but either a literal interpretation of that language must be abandoned, or his consistent, life-long objection to rights- and justice talk must be given up. Second, the structure, indeed the point, of his analysis of the laws of motion of capitalism, is that capitalists make profits through exploitation of labor -- without cheating -- by the normal "legitimate" operation of the system. Other arguments make the same point. -/- The unfreedom or force-based view, though not necessarily my specific arguments advocated so far is shared by a minority of other writers, such as Nancy Holmstrom and Richard Arneson. What my paper offers that is novel, part from arguments for the foregoing that are different and better than those found elsewhere (although Holmstrom and Arneson are excellent), is an account of in detail of what Marx regards as the real problem with exploitation. -/- I analyze Marx's objection that capitalist exploitation causes unnecessary unfreedom by distinguishing and spelling out three different kinds of freedom that he invokes: classic negative freedom, or noninterference; positive freedom, understood as control over or access to the resources enabling one to exercise one's negative freedom; and "real" freedom, as he puts it, the ability to "give the law to oneself," to regulate one's own activities under rules chosen by oneself, to develop one's capacities by autonomous choice. This puts Marx in the tradition going back through Hegel and Kant to Rousseau, the first express advocate of this idea. The opposite of real freedom, the unfreedom due to lack of autonomy, is alienation. -/- I conclude by stating that I think that justice-based objections to exploitation that avoid Marx's objections to the concept are possible. I do not attempt to spell these out here. I take up that task in my subsequently published paper Relativism, Reflective Equilibrium, and Justice, 17 Legal Stud.,128-168 (1997). -/- The present paper is related to and partly overlaps with my paper In Defense of Exploitation, 11 Econ. & Phil. 49-81 (1995), a critique of John Roemer's equality based account of the nature of exploitation and its wrongness. The research and writing of this paper was financially supported by the philosophy department of The Ohio State University. -/- Keywords: Exploitation, Justice, Unjustice, Theft, Labor Theory of Property, Marx, Freedom, Unfreedom, Rights, Fairness, Critique of Justice, Negative Freedom, Positive Freedom, Real Freedom, Alienation, G.A. Cohen, Norman Geras. (shrink)

It is argued that Davidson's basic objection to the Building Block Method in semantics is neither that it gives the wrong explanation of how a first language is learned nor that it assigns a meaning to Single words prior to interpreting a whole language. The arguments against Fregean concepts and truth-values as the references of predicates and sentences are found to be equally superficial as the arguments against a primitive notion reference defmed in causal terms.Davidson's basic objection turns out (...) to be that thoughts do not have a deep-structure which can be revealed by a correct analysis. His constraints on a theory of meaning do not allow for a distinction, as suggested by Dummett, between analysis and decomposition of thoughts. This forces us to a very general decision about how to do philosophy. As a non-reductivist I think it makes sense to assume a basic thought-structure. From this perspective the use of buildingblocks in semantics is vindicated. (shrink)

It is argued that Davidson's basic objection to the Building Block Method in semantics is neither that it gives the wrong explanation of how a first language is learned nor that it assigns a meaning to Single words prior to interpreting a whole language. The arguments against Fregean concepts and truth-values as the references of predicates and sentences are found to be equally superficial as the arguments against a primitive notion reference defmed in causal terms.Davidson's basic objection turns out (...) to be that thoughts do not have a deep-structure which can be revealed by a correct analysis. His constraints on a theory of meaning do not allow for a distinction, as suggested by Dummett, between analysis and decomposition of thoughts. This forces us to a very general decision about how to do philosophy. As a non-reductivist I think it makes sense to assume a basic thought-structure. From this perspective the use of buildingblocks in semantics is vindicated. (shrink)

It is argued that Davidson's basic objection to the Building Block Method in semantics is neither that it gives the wrong explanation of how a first language is learned nor that it assigns a meaning to Single words prior to interpreting a whole language. The arguments against Fregean concepts and truth-values as the references of predicates and sentences are found to be equally superficial as the arguments against a primitive notion reference defmed in causal terms.Davidson's basic objection turns out (...) to be that thoughts do not have a deep-structure which can be revealed by a correct analysis. His constraints on a theory of meaning do not allow for a distinction, as suggested by Dummett, between analysis and decomposition of thoughts. This forces us to a very general decision about how to do philosophy. As a non-reductivist I think it makes sense to assume a basic thought-structure. From this perspective the use of buildingblocks in semantics is vindicated. (shrink)

In a rational system defences should interlock with the elements of the offence to ensure that conviction labels are differentiated according to the defendant’s degree of wrongdoing and culpability. The overall grading structure of criminal homicide, as represented in contemporary doctrine, goes some way to reflect this ethic. But the substance lacks precision and, in some key details, moral coherence. The recent Law Commission Consultation Paper, in a pragmatic and sensible attempt to rid the law and procedure of murder of (...) the malign influence of the mandatory sentence, has unnecessarily compromised such structural coherence as it currently enjoys and which could properly form a satisfactory basis for reform already precise and morally coherent. This is evident both in relation to the abandonment of the attack based template for the fault element in murder, and also in the unwillingness to view the partial defences as affecting the wrong in homicide as opposed to the grade. (shrink)

Anti-intellectualists in epistemology argue for the thesis that knowing-how is not a species of knowing-that, and most of them tend to avoid any use of the notion “knowing-that” in their explanation of intelligent action on pain of inconsistency. Intellectualists tend to disprove anti-intellectualism by showing that the residues of knowing-that remain in the anti-intellectualist explanation of intelligent action. Outside the field of epistemology, some philosophers who try to highlight the nature of their explanation of intelligent action in certain fields, such (...) as ethics, tend to classify themselves as intellectualist simply because they appeal to the notion of knowing-that in their explanation. In a word, the idea of knowing-that is harmful to the anti-intellectualist explanation of intelligent action, whether from an insider or outsider perspective. In this paper, I argue that these tendencies are unjustified because they are based on an unclear conception of anti-intellectualism. I shall use Gilbert Ryle’s anti-intellectualism as a paradigm with which to describe anti-intellectualism and to illustrate why the notion of knowing-that is not harmful to but is, on the contrary, beneficial to the anti-intellectualist explanation of intelligent action. If my explication of Ryle’s anti-intellectualism is correct, then most anti-intellectualists in the literature blindly worry about the notion of knowing-that, most intellectualists fire into the wrong flock, and some philosophers outside epistemology mischaracterize their own position. (shrink)