Ordinarily, people take themselves to know a lot. I know where I was born, I know that I have two hands, I know that two plus two equals four, and I also think I know a lot of other stuff too. However, the project of trying to provide a philosophically satisfying account of knowledge, one that holds up against skeptical challenges, has proven surprisingly difficult. Either one aims for an account of justification (and knowledge) that is epistemologically demanding, in an (...) effort to offer an account that satisfactorily addresses skepticism, or one aims for an account of justification (and knowledge) that makes sense of our ordinary knowledge claims. However, the history of contemporary epistemology tells us that you cannot have both: the former results in skepticism, the latter in an unsatisfying response to skepticism. -/- What we find, in the array of contemporary attempts to give accounts of knowledge and justification, are numerous views spread across the internalism/externalism spectrum that deal with the dilemma of the previous paragraph in different ways. Most of them are guided by the goal of accommodating our ordinary knowledge claims. This is especially true of externalist accounts, but many internalist accounts are guided by this same goal, though perhaps to a lesser degree. One kind of internalist view stands out for its insistence on providing philosophically satisfying accounts of knowledge and justification, even if doing so has skeptical implications. This is the traditional, old-fashioned, Cartesian-style internalism that was so prominent in the early 20th century and is now a minority position. -/- Unlike competing versions of epistemic internalism, the guiding principle of traditional, Cartesian-style internalism (what I will henceforth call ‘traditional internalism’) is not to accommodate our commonsense views about the rationality of our ordinary beliefs. Instead, traditional internalism emphasizes rationality’s demand for philosophical assurance, on the basis of evidence that can withstand the strongest skeptical challenges, that our ordinary beliefs (perceptual and otherwise) are true. According to the traditional internalist, the philosopher, qua philosopher, ought to begin the epistemological project from the inside, placing a premium on satisfying our philosophical curiosity. -/- Despite the relative unpopularity of traditional internalism the view can be taken to be worthy of attention for a variety of reasons. First, traditional internalism has great historical importance. Significant portions of the history of contemporary epistemology, and to a lesser degree philosophy in the modern era (roughly, Descartes to Kant), are grounded in a number of the intuitions that drive traditional internalism. Second, and perhaps even more importantly, traditional internalism serves as the source of a wide variety of criticisms for other, more prominent, contemporary epistemological views. In a number of debates the views of the traditional internalist are used to play a kind of Devil’s advocate. Finally, some of the ideas that ground traditional internalism have had a bit of resurgence of late.1 To put it simply, traditional internalism refuses to go away. In this introduction, I will do three things. First, I will situate traditional internalism among other competing versions of internalism by highlighting the ways in which traditional internalism differs from them (in particular, evidentialism and conservatism). Second, I will explain more carefully some of the central tenets of traditional internalism and what motivates them. Third, I will highlight some of the difficulties that threaten traditional internalism, and I will explain how the contributions to this volume interact with those difficulties. -/- The goal of this volume is to test again the staying power of traditional internalism, to see if this once historically prominent view deserves another look, to see if traditional internalism is a legitimate contender providing useful criticisms of more prominent views, or, if instead it is time for traditional internalism to be left by the wayside. (shrink)

Previous assurance-theoretic treatments of testimony have not adequately explained how the transmission of warrant depends specifically on the speaker’s mode of address – making it natural to suspect that the interpersonal element is not epistemic but merely psychological or action-theoretic. I aim to fill that explanatory gap: to specify exactly how a testifier’s assurance can create genuine epistemic warrant. In doing so I explain (a) how the illocutionary norm governing the speech act proscribes not lies but a species (...) of bullshit, in an extension of Harry Frankfurt’s sense, (b) how that norm makes testimony fully second-personal, in Stephen Darwall’s sense, or bipolar, in Michael Thompson’s sense, and (c) how that species of second-personality or bipolarity is more fundamental than the practical species that Darwall and Thompson discuss. One attraction of this new Assurance View of testimony is that it allows us to reconceptualize the natures of normativity and responsibility more generally, viewing the assurance as implicating us in normative relations of recognition, and therefore of justice, that are not yet moralized with reactive attitudes. (shrink)

Population ageing is a fact of all advanced economies. Fewer people are born all the while current members live longer. The support which old people have come to depend on, for example through elderly care and pensions, thus becomes increasingly expensive. This accentuates an assurance problem. Although it has been and still is the case that the young are willing to support the currently old, this support is not unconditional. In return they trust that coming generations will support them (...) one day. Historically pro-old welfare state institutions (e.g., pension systems) have offered individuals this assurance: their claim on future generation to support them has been credible simply by positive economic and demographic development. Economic growth has been a blessing for the cooperation between generations necessary to realise old age support. This paper describes this assurance problem in simple game theoretical terms, argues that it has been neglected in historically prominent justifications of pro-old welfare state institutions, and discusses what can be done to preserve trust in times of population ageing and weak economic growth. (shrink)

What is an assurance? What do we do when we claim to know? Krista Lawlor offers an original account based on the work of J. L. Austin. She addresses challenges to contextualist semantic theories; resolves closure-based skeptical paradoxes; and helps us tread the line between acknowledging our fallibility and skepticism.

Assurance theories of testimony attempt to explain what is distinctive about testimony as a form of epistemic warrant or justification. The most characteristic assurance theories hold that a distinctive subclass of assertion (acts of “telling”) involves a real commitment given by the speaker to the listener, somewhat like a promise to the effect that what is asserted is true. This chapter sympathetically explains what is attractive about such theories: instead of treating testimony as essentially similar to any other (...) kind of evidence, they instead make testimonial warrant depend on essential features of the speech act of testimony as a social practice. One such feature is “buck-passing,” the phenomenon that when I am challenged to defend a belief I acquired through testimony, I may respond by referring to the source of my testimony (and thereby “passing the buck”) rather than providing direct evidence for the truth of the content of the belief. The chapter concludes by posing a serious challenge to assurance theories, namely that the social practice of assurance insufficiently ensures the truth of beliefs formed on the basis of testimony, and thereby fails a crucial epistemological test as a legitimate source of beliefs. (shrink)

An increasing number of regulations propose the notion of ‘AI audits’ as an enforcement mechanism for achieving transparency and accountability for artificial intelligence (AI) systems. Despite some converging norms around various forms of AI auditing, auditing for the purpose of compliance and assurance currently have little to no agreed upon practices, procedures, taxonomies, and standards. We propose the ‘criterion audit’ as an operationalizable compliance and assurance external audit framework. We model elements of this approach after financial auditing practices, (...) and argue that AI audits should similarly provide assurance to their stakeholders about AI organizations’ ability to govern their algorithms in ways that mitigate harms and uphold human values. We discuss the necessary conditions for the criterion audit, and provide a procedural blueprint for performing an audit engagement in practice. We illustrate how this framework can be adapted to current regulations by deriving the criteria on which ‘bias audits’ for hiring algorithms can be performed, as required by the recently effective New York City Local Law 144 of 2021. We conclude by offering critical discussion on the benefits, inherent limitations, and implementation challenges of applying practices of the more mature financial auditing industry to AI auditing where robust guardrails against quality assurance issues are only starting to emerge. Our discussion as informed by experiences in performing these audits in practice highlights the critical role that an audit ecosystem plays in ensuring the effectiveness of such methodology. (shrink)

Business Ethics, the Environment & Responsibility, EarlyView.

This paper aims to examine the credibility value of sustainability assurance and the type of assurance provider on cost of capital. A large sample of international companies from the period 2007–2014 was used to develop our models of analysis. We find a greater decrease in cost of capital for companies that publish and assure their social and environmental reports. Thus, voluntary sustainability disclosures decrease the cost of capital. However, companies also have the opportunity to reinforce this decrease by (...) providing an assurance statement, so increasing the credibility of corporate social responsibility information. In addition, the decrease in the cost of capital is significantly higher when such assurance is provided by a top-tier accountancy firm instead of by engineering or consultancy firms; this result supports also the reputational capital of accountancy firms. (shrink)

Building on a functionalist framework for decision-making in legal translation, a holistic approach to quality is presented in order to respond to the specificities of this field and overcome the shortcomings of general models of translation quality evaluation. The proposed approach connects legal, contextual, macrotextual and microtextual variables for the definition of the translation adequacy strategy, which guides problem-solving and the rest of the translation process. The same parameters remain traceable between the translation brief and the translation product both in (...) pre-delivery revision and in post-delivery assessment. They are the yardstick for identifying predictable evaluative criteria and competence requirements for translators and quality controllers. The implications of the approach on quality assessment and quality management practices are also discussed. Overall, the model illustrates the potential benefits of enhancing predictability and reducing subjectivity on the basis of specific legal translation methodologies. It supports the need for legal translation expertise in quality evaluation and the relevance of Legal Translation Studies to raising standards in professional practice. (shrink)

This article offers several contributions to the interdisciplinary project of responsible research and innovation in data science and AI. First, it provides a critical analysis of current efforts to establish practical mechanisms for algorithmic auditing and assessment to identify limitations and gaps with these approaches. Second, it provides a brief introduction to the methodology of argument-based assurance and explores how it is currently being applied in the development of safety cases for autonomous and intelligent systems. Third, it generalises this (...) method to incorporate wider ethical, social, and legal considerations, in turn establishing a novel version of argument-based assurance that we call ‘ethical assurance.’ Ethical assurance is presented as a structured method for unifying the myriad practical mechanisms that have been proposed. It is built on a process-based form of project governance that enlists reflective innovation practices to operationalise normative principles, such as sustainability, accountability, transparency, fairness, and explainability. As a set of interlocutory governance mechanisms that span across the data science and AI lifecycle, ethical assurance supports inclusive and participatory ethical deliberation while also remaining grounded in social and technical realities. Finally, this article sets an agenda for ethical assurance, by detailing current challenges, open questions, and next steps, which serve as a springboard to build an active (and interdisciplinary) research programme as well as contribute to ongoing discussions in policy and governance. (shrink)

Many journals in the physical sciences require authors to submit assurances of compliance with human subjects and other research ethics standards. These requirements do not cover all disciplines equally, however. In this paper we report on the findings of a survey of perceptions of ethical and managerial problems from journal editors in political science and related disciplines. Our results show that few journals in political science require assurance statements common to journals for other scientific disciplines. We offer some reasons (...) for this as well as some recommendations for implementing ethical assurance safeguards for political science. (shrink)

Dès 1678, Leibniz, dans plusieurs manuscrits, propose la fondation d’une caisse d’assurance. Il évoque également un fonds de réserve et un mont-de-piété. Selon une approche à la fois théorique et pratique, le philosophe pose et explicite les deux principes fondateurs de l’assurance : précaution et équité. Il recommande par ailleurs la constitution de rentes viagères. Afin de déterminer leur taux, il approfondit la notion d’espérance de vie, elle-même dépendante d’une estimation des probabilités ou risques de décéder. Leibniz conçoit (...) l’ordre de la mortalité comme un processus aléatoire. Il fournit des indications qualitatives et quantitatives sur le risque de décéder pour des grands groupes d’âge, puis entreprend, au moyen d’un modèle simplificateur, de trouver une durée probable de la vie humaine. En présentant le processus d’extinction d’une population comme une combinatoire de risques, ces recherches donnent l’occasion d’établir un dialogue entre le certain et le possible, entre la nécessité et la contingence. (shrink)

This article contributes to the growing scholarship on the topic of assurance services for sustainability reports. We first synthetically illustrate the main international standards for the implementation of assurance services regarding the subject documents. The second part of our article is an empirical analysis of reports drawn up on the basis of the current Global Reporting Initiative 2006 guidelines, and looks at how effectively these standards have been implemented, analyzing the different typologies of assurance statement.

There is a growing realisation that the current upward trend in levels of disclosure of social, ethical and environmental performance by corporations and other organisations is not being accompanied by simultaneous greater levels of public trust. Low levels of confidence in the information communicated in public reporting is probably undermining the impetus for this disclosure. This article suggests that this credibility gap can be narrowed through the use of third party independent assurance. However, this is not an unqualified panacea. (...) Much verification and assurance practice itself has to date been of questionable robustness, reliability and consistency, and has been framed by financial assurance models that are inadequate for the broader, qualitative dimensions of social, ethical and environmental performance. The paper argues that there is need for a universal standard for the provision of assurance of social, ethical and environmental reporting, and indeed for the credibility of the assurance providers themselves. The new AA1000S Assurance Standard, developed by the Institute of Social and Ethical AccountAbility, offers an approach and a tool for addressing these gaps. (shrink)

Sustainability reporting and assurance of sustainability reports have been used by organizations in an attempt to provide accountability to their stakeholders. A better understanding of current practices is important to provide a base for comparative and trend analyses. This paper aims to consolidate and provide information on sustainability reporting, assurance of sustainability reports and types of assurance providers. Another aim of this paper is to provide a descriptive analysis of these practices for a global sample, comparing results (...) with previous studies, and suggesting opportunities for future research. To accomplish these objectives, a literature review was performed, an analysis of the organizations included in the Fortune Global 500 2010 was completed, and results were presented and consolidated by country. These results demonstrate that all organizations analysed provided some type of information in relation to their social or environmental performance in their official website. The percentage of organizations issuing a sustainability report has been increasing in the last few years. However, the percentage of organizations assuring their sustainability report has stagnated. Types of assurance engagements include those performed by accountants and non-accountants, and new practices have emerged, namely the “mixed approach” and the “stakeholder or specialist review”. The analysis also shows that the practices of issuing sustainability reports and having them assured have become a world-wide phenomenon, occurring in developed, and emerging economies around the world. (shrink)

Assurance of Learning (AoL) is a critical component of AACSB accreditation because students need to demonstrate skills acquired in the programs they enroll in. The purpose of this paper is to describe how a business school developed its ethics assessment program to fulfill the requirement of AoL when seeking AACSB accreditation. Three learning goals were identified based on the literature, assessment rubrics were created based on learning goals, and a Harvard Business Case was used as the assessment tool. The (...) result of the first round of summative assessments showed that almost all students at least met the standard of these three learning goals. To close the loop, an ethics module and a one-hour video were added to a junior-level course. In the second round of summative assessment, we added a marginal level of competency to the rubric. We conclude with a plan for future student learning and assessment. (shrink)

Business Ethics, the Environment & Responsibility, Volume 31, Issue 1, Page 118-138, January 2022.

Breaking a promise is generally taken to involve committing a certain kind of moral wrong, but what (if anything) explains this wrong? According to one influential theory that has been championed most recently by T.M. Scanlon, the wrong involved in breaking a promise is a matter of violating an obligation that one incurs to a promisee in virtue of giving her assurance that one will perform or refrain from performing certain acts. In this paper, we argue that the “ (...) class='Hi'>Assurance View”, as we call it, is susceptible to two kinds of counterexamples. The first show that giving assurance is not sufficient for incurring the kind of obligation of fulfillment that one violates in breaking a promise. The second show that giving assurance is not necessary. Having shown that the Assurance View fails in these ways, we then very briefly sketch the outline of what we take to be a better view—a view that we claim is not only attractive in its own right and that avoids the earlier counterexamples, but that also affords us a deeper explanation of why the Assurance View seems initially plausible, yet nonetheless turns out to be ultimately inadequate. (shrink)

Quality assurance in higher education is a hot topic with theincreased number of students graduating from postgraduate programmesoffered by the higher education institutions. This qualitative study aimed tolook at the history and the current status of the quality assurance mechanismsin the Maldives; identify its strengths and weaknesses; and make informedrecommendations. Critical event narrative inquiry was used and data werecollected through interviews and analysis of documents. Content analysis ofdata collected revealed that Maldives was one of the very first countries (...) inthe region to establish such a mechanism and it was very similar to that ofAustralia. The most significant finding was that the body mandated to assurehigher education quality and did not have any power or regulatory authority.Therefore, it is important that the authority be an independent body establishedby an act of parliament with the regulatory power. (shrink)

확신견해에서는 약속인이 피약속인에게 어떤 것을 할 것이라고 말할 때 후자가 그것이 일어날 것임을 확신하게 됨에 주목하고, 전자가 이렇게 형성된 확신에 반해 행위 하는 것이 그르다고 본다. 따라서 약속인에게는 그 행위를 해야 할 의무가 있으며, 이것이 바로 약속이행의 의무가 된다. 그런데 피약속인이 약속인의 말을 확신할 수 있는 유일한 (그리고 강력한) 근거가 바로 약속이행의 의무에 대한 약속인의 사전 인식이라면 확신견해는 악순환에 빠지게 된다. 스캔런은 약속인이 적절한 주의 원칙을 따를 때 이 문제가 해결될 수 있다고 보지만, 콜로드니와 월러스는 이 원칙은 약속인의 의도의 지속성을 (...) 보장하지 못하기에 피약속인의 확신 형성에 실패한다고 지적한다. 하지만 적절한 주의 원칙은 약속인이 자신의 약속 실현에 방해가 되는 예측 가능한 외부적 제약조건들을 명확히 인식한 후 실현가능성이 높은 약속만을 할 것을 요구하기에, 이 원칙은 그들의 주장과 달리 약속인의 의도의 지속성을 보장할 수 있다. 이러한 주장에 대해, 적절한 주의 원칙은 약속인이 자신의 의도가 변할 수 있다고 피약속인에게 경고할 때에도 적용될 수 있기에 이 원칙은 여전히 순환성반론에 도움이 되지 못한다는 반론이 제기될 수 있다. 하지만 행위자의 의도의 변화 가능성에 영향을 끼치는 근원적 내외부적 제약조건은 약속인과 피약속인 모두 인지하고 있는 사실이기에 그런 조건을 강조하는 것이 적절한 주의 원칙의 중심적 역할일 필요는 없다. 게다가 설령 그 원칙이 그런 역할을 수행한들 이는 피약속인의 확신을 특별히 감소시키지도 않는다. 물론 피약속인의 확신은 조건적 성격을 띠게 되겠지만 이러한 조건성이 확신의 가치가 실현되는 데 큰 장애물로 작동하는 것도 아니다. (shrink)

An assurance theory of trust begins from the act of assurance – whether testimonial, advisorial or promissory – and explains trust as a cognate stance of resting assured. My version emphasizes the risks and rewards of trust. On trust’s rewards, I show how an assurance can give a reason to the addressee through a twofold exercise of ‘normative powers’: (i) the speaker thereby incurs an obligation to be sincere; (ii) if the speaker is trustworthy, she thereby gives (...) her addressee the reason. Each claim is controversial; my contribution lies in how I defend them together, linking the sincerity obligation to the provision of reasons. On trust’s risks, I defend a popular thesis about the nature of trust – that trust differs from mere reliance in how it risks betrayal – against the objection that the thesis ‘moralizes’ trust. Such betrayal need not be moral, I argue, because it may derive entirely from how the assurance purports to provide a reason. (shrink)

I offer a reading of the first clause of T. M. Scanlon's principle of fidelity to assurances. A circularity problem is created by his way of differentiating promises from other assurances which comply with this principle. When the clause is read in the way here proposed, all assurances complying with the principle are promises, and so this problem no longer arises.

This article takes as its point of departure the idea that the adoption of managerial principles to ensure the quality of DNA evidence is an accident of history which has changed the ways forensic biology is conducted and forensic biologists think. I begin by defining managerialism and tracking its entry into the contentious world of forensic biology, asking how it is that a focus on efficiency and precise process control is affecting these labs. My analysis unfolds in two parts. I (...) first look at the external inspection routines that assure quality in forensic labs and the degree to which these routines represent ‘‘self” rather than ‘‘peer” assessment. I next look at the internal lab quality assurance routines that facilitate managerial control of technical and scientific workers, noting that QA is a trope flexible enough to govern both the numerically auditable and quasirobotic activities of technicians along with the less tangible more consensus-based human interactions of scientists. Illustrating that ‘‘science” is being pushed aside by management imperatives, I examine the consequences of this new emphasis for both the lab workers and the criminal justice system. (shrink)

If the United States were subject to a terrorist nuclear attack, its president would face overwhelming political pressure to respond decisively. A well-prepared response could help both to prevent additional attacks and to bring the perpetrators to justice. An instinctive response could be cataclysmically ineffective, inflicting enormous collateral damage without achieving either deterrence or justice. An international security doctrine of Mutually Assured Support can make the response to such attacks more effective as well as less likely—by requiring preparations that reduce (...) the threat. The doctrine requires all subscribing nations to mobilize fully in support of the attacked nation, in return for a promise of nonretaliation. It provides a vehicle for domestic and international leadership, allowing the president to engage the American people, from a position of strength, around an issue that has had little public discussion. The authors describe its rationale, implications, and implementation. (shrink)

There is much in Thomas Hobbes’s political theory that contemporary political philosophy cannot readily accept—including Hobbes’s egoism, his unconditional right of self-defense, and his insistence that peace is only possible under absolute sovereign rule.[1] Nevertheless, we can and should embrace one of Hobbes’s central insights: that problems of assurance are of fundamental importance for questions of social justice, even, or especially, justice questions of global scale. In general, agents face normatively significant problems of assurance because they have imperfect (...) knowledge about the conduct of others and must therefore weigh consequent risks of action. Practically speaking, the basic human device for their resolution is for agents to form “agreements”—promises, conventions, social practices, or institutions—that reduce uncertainty and thus “assure” the parties involved. None of this necessarily bears on basic principles of morality or justice, at least not without further argument.[2] Hobbes’s dramatic assurance problem—the state of nature—makes this further step. It shows vividly how agreement-making may be not simply a useful device but a condition for the applicability of basic principles. In the absence of an agreed upon common power to assure compliance, Hobbes explains, basic principles of conduct—including considerations of justice and injustice—are simply out of place. The resulting uncertainty about what others will do in the name of self-preservation gives us sweeping liberty to defend ourselves. Contemporary political philosophy is concerned with substantive political morality and “ideal theory,” so it may seem that Hobbes’s problem of assurance—a matter of amoral selfpreservation—can simply be set aside. This is to underestimate the depth of Hobbes’s insight. As I will explain, assurance problems can take specifically moral forms, arising even among morally motivated agents, in a way which bears on the very applicability of fundamental moral principles. In central cases of normative political philosophy, justification of basic principles, even in “ideal theory,” must be tailored to the circumstances that give rise to assurance problems and the available human means for their resolution.. (shrink)

This essay critically examines the Assurance View of testimony as put forth by Angus Ross (1986) and Richard Moran (1999). The Assurance View holds that someone who offers testimony gives the hearer a non-evidential justification for belief by assuming responsibility for the truth of her testimony. I agree that testimonial justification depends on the teller’s assumption of her responsibility for her testimony, but argue that it is nevertheless evidential justification. Testimonial justification is a sort of evidence that is (...) within the teller’s power to create or withhold at will, and that power is essential to the justification. (shrink)

In this paper I discuss an issue concerning how faith ought to be held. Traditionally there have been those who contended that faith should be held with full certainty, with great firmness. John Calvin is an example. John Locke offered both epistemological and pragmatic considerations in favor of the view that faith should be held with distinctly less than maximal firmness. He proposed a Principle of Proportionality. I assess the tenability of Locke’s proposal-while also suggesting that Calvin’s position is different (...) from whaton first reading it would appear to be. It is not straightforwardly in conflict with Locke’s position. (shrink)

Theories of practical rationality say when it is rational to form and fulfill intentions to do actions. David Gauthier says the correct theory would be the one our obeying would best advance the aim of rationality, something Humeans take to be the satisfaction of one’s desires. I use this test to evaluate the received theory and Gauthier’s 1984 and 1994 theories. I find problems with the theories and then offer a theory superior by Gauthier’s test and immune to the problems. (...) On this theory, it is rational to treat something different as the aim when doing so would advance the original aim. I argue that the idea that this would be irrational bad faith entails contradictions and so is false, as must be theories saying that rationally we must always treat as the aim the bringing about of objectively good states of affairs or obeying a universalizable moral code. (Note: the published version differs somewhat from the version on the website of the Center for Ethics and the Rule of Law; please quote from the published version.). (shrink)

The analysis presented here lays out the ethical warrants for requiring community oversight of health research conducted in international settings. It reviews the inadequacies with the current standards of individual informed consent and research ethics committee review, and then, shows how a broader population-based public health perspective raises new demands on justice involving due consideration of the rights, harms and benefits to the community as a whole. As developed here, an ethical standard that requires community oversight of health research is (...) justified on three principled grounds: respect for community autonomy and their right to self-determination; due consideration of the consequences of the research for the community as a whole; and, a more complete understanding of human autonomy. The paper concludes with practical recommendations regarding the composition of Community Advisory Boards to ensure that they have legitimate decision-making authority in diverse socio-cultural contexts. (shrink)

This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...) that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

It’s a popular idea that memory resembles testimony insofar as each can ‘preserve’ epistemic warrant. But how does such ‘preservation’ do its epistemic work? I have elsewhere developed an assurance theory of testimonial warrant. Here, I develop an assurance theory of preservative memory. How could the ‘preservation’ of warrant through memory work through an assurance? What would even count as an intrapersonal assurance? I explain each form of preservation by contrasting the relation that preserves warrant with (...) a pathological alternative. My assurance theory of testimony theorizes the illocutionary norms governing the speech act of telling by explaining what goes wrong when there’s what Austin calls an ‘abuse.’ But what norms govern an intrapersonal memory relation? There are two sides in a memory relation: the earlier self judges that p, then memory keeps the later self in epistemic touch with that judgment by ‘preserving’ its warrant. But this is not an illocutionary relation. (When you ‘tell yourself that p,’ you are trying to ‘convince yourself’ that p and as such typically do not yet even judge that p.) I argue that the earlier self nonetheless offers an assurance by extending an invitation to trust. Your earlier self judges that p in part by projecting a future in which you will continue to trust yourself on the question whether p when you lose access to the evidence that informed the judgment. That projection of trust in yourself posits a worthiness of trust that ought to lead others to accept your testimony that p. Assurance in memory and assurance in testimony thus ought to work together. This aspect of the parallel emerges vividly when we see how it breaks down in the pathology of gaslighting – more than merely illocutionary abuse! – which targets specifically how testimony and memory work together in inviting trust relations. (shrink)

Legal theorists standardly hold that stability is one of eight necessary conditions for legal guidance. We lack an adequate explanation, however, of why, exactly, stability is necessary in order that law possess the capacity to guide behavior. Standard explanations, which rely on a claim about reasonable expectations, fail to connect the concepts of stability and legal guidance. In this paper, I argue that, according to the leading conception of legal guidance, stability is, in fact, not necessary in order for law (...) to possess the capacity to guide. In response, I provide an alternative conception of legal guidance, and argue that stability is a necessary attribute if we assume this conception of guidance. More generally, the paper sets out an abstract framework in which claims that this or that property is necessary for legal guidance can be assessed. (shrink)

Different countries worldwide have issues with adapting legal terminology in a multilingual society. Such issues are still prevalent in Kazakhstan, where it is particularly difficult to guarantee the quality of laws written in the state language. This study aims to answer the question of what scientific, methodological, and legal mechanisms can be used to enhance legislative drafting practises in countries with two or more official languages by using Kazakhstan as an example. The Kazakh legal terminology reflects the societal communication requirements (...) for the control of public relations. According to the findings, the current challenges of establishing a legal conceptual framework in Kazakhstan are closely connected to trends in expanding the terminological lexicon. This trend stems from neologisation, optimisation of borrowings of legal terms, and internationalisation of legal discourse. The ways to improve the legislative drafting technique are suggested based on a generalised analysis of texts in the state language of some legislative instruments of the Republic of Kazakhstan. The article offers several recommendations for specialists-translators of legal texts practising in rule-making and lawyers-specialists in legislative drafting and review. (shrink)