Rawls's burdens of judgment are a list of factors that explain why reasonable persons in a diverse society are likely to hold different, often incompatible, conceptions of the good. According to Charles Larmore, the burdens of judgment satisfy political liberalism's ambition of supporting liberal political principles through a minimalist moral conception. By using the burdens, we ground liberal politics in the modest notion of reasonable disagreement, avoiding reliance on controversial comprehensive notions such as autonomy, individuality, skepticism about (...) the good, or value pluralism. In this paper I argue that the burdens of judgment cannot provide adequate support for liberal political principles unless they are read in a way that comports with Kymlicka's modest version of autonomy liberalism. As it renounces fallibilism, political liberalism's moral minimalism can be manipulated in a way that reconciles it with decidedly illiberal results. The only way to avoid this problem is to recognize that the justification of liberal principles cannot be detached from notions of fallibilism and critical reflection about the good. Ultimately, political liberalism's emphasis on moral minimalism deprives it of the conceptual resources it needs to deal with contemporary controversies concerning the defence and clarification of liberal policies. (shrink)

This chapter considers the difficulties inherent in judgment, and focuses on differences of an ethical variety, shot through with the normative reality of the ethical pluralism of values, from relativisms to monisms, and some of their characteristics conditionality, incompatibility, and incommensurability. It also considers the type of commitments made in relation to these values and different types of conflict. The chapter explains five types of burdens of judgment listed by John Rawls. Rawls' solution for avoiding the general fact of (...) State oppression has collateral effects on moral philosophy and on ethics. Unlike pluralism, relativism questions, in a variety of ways, the possibility of discussion, of justification and of a critique of values. There are at least three distinct types of relativism: radical relativism, conventionalist relativism, and perspectivist relativism. The most notable fact is reasonable pluralism, described as “the diversity of religious, philosophical, and moral doctrines found in modern democratic societies”. (shrink)

Robert Talisse and Scott Aikin have argued that substantive versions of value pluralism are incompatible with pragmatism, and that all such versions of pluralism must necessarily collapse into versions of strong metaphysical pluralism. They also argue that any strong version of value pluralism is incompatible with pragmatism’s meliorist commitment and will block the road of inquiry. I defend the compatibility of a version of value pluralism (the strong epistemic pluralism of John Rawls) with pragmatism, and offer counterarguments to all of (...) these claims. (shrink)

Eric T. Morton ABSTRACT: Robert Talisse and Scott Aikin have argued that substantive versions of value pluralism are incompatible with pragmatism, and that all such versions of pluralism must necessarily collapse into versions of strong metaphysical pluralism. They also argue that any strong version of value pluralism is incompatible with pragmatism’s meliorist commitment and will...

In this essay, I suggest that the criminal trial is not only about the guilt or innocence of the defendant, but also about the character and growth of the jurors and the communities they represent. In earlier work, I have considered the potential impact of law and politics on the character of citizens, and thus on the capacity of citizens to thrive—to live full and rich human lives. Regarding the jury, I have argued that aspects of criminal trial procedure work (...) to fix in jurors a sense of agency in and responsibility for verdicts of conviction. Here, I draw on those ideas with respect to the presumption of innocence. I suggest that the presumption of innocence works not primarily as legal rule, but rather as a moral framing device—a sort of moral discomfort device—encouraging jurors to feel and bear the weight of what they do. I offer an account of character development in which virtues are conceived of not merely as modes of conduct developed through habituation and practice, but also as capacities and ways of being developed in part through understanding and experience. The criminal trial, framed by the presumption of innocence, can be an experience through which jurors and their communities, by learning what it means and feels like to carry a certain sort of moral weight, may engender a certain set of moral strengths—strengths valuable to them not just as jurors, but also as citizens, and as human beings. (shrink)

Democracy and the problem of judgment -- Judging at the "end of reasons": rethinking the aesthetic turn -- Historicism, judgment, and the limits of liberalism: the case of Leo Strauss -- Objectivity, judgment, and freedom: rereading Arendt's "Truth and politics" -- Value pluralism and the "burdens of judgment": John Rawls's political liberalism -- Relativism and the new universalism: feminists claim the right to judge -- From willing to judging: Arendt, Habermas, and the question of '68 -- What on earth (...) is a "form of life"? Judging "alien" cultures according to Peter Winch -- The turn to affect and the problem of judgment: making political sense of the nonconceptual -- Conclusion: judging as a democratic world-building practice. (shrink)

Critically examining popular ESL textbooks, this accessible and engaging book uncovers gender and ethnic representations that impact young English language learners in US public schools and provides equitable, egalitarian alternatives.

The German invasion of the Soviet Union in June of 1941 has long been attributed to errors by Joseph Stalin, yet a revisionist position known as the Icebreaker hypothesis has also emerged alleging that Stalin is not to blame. This essay examines why the Icebreaker theory is erroneous based on its lack of concrete facts. The reasons why Operation Barbarossa was so effective are also examined, leading to the conclusion that Stalin should still shoulder most of the blame for Soviet (...) disorganization prior to the invasion. (shrink)

In their paper ‘Responsibility, second opinions and peer-disagreement: ethical and epistemological challenges of using AI in clinical diagnostic contexts’, Kempt and Nagel discuss the use of medical AI systems and the resulting need for second opinions by human physicians, when physicians and AI disagree, which they call the rule of disagreement.1 The authors defend RoD based on three premises: First, they argue that in cases of disagreement in medical practice, there is an increased burden of proof for the physician in (...) charge, to defend why the opposing view is adopted or overridden. This burden for justification can be understood as an increased responsibility. In contrast, such burden does allegedly not arise, when physicians agree in their judgement. Second, in those medical contexts where humans collaborate with humans such justification can be provided, since human experts can discuss the evidence and reasons that have led them to their judgement, through which the sources of disagreement can be found and a justified decision can be made by the physician in charge. Third, unlike human-to-human collaboration, such communicative exchange is not possible with an AI system. Due to AI’s opacity, the physician in charge has no means of illuminating why the AI disagrees. Conclusively, the authors propose RoD as a solution. RoD suggests that a second human expert should be consulted for advise in cases of human–AI disagreement. Once AI systems become more widespread in clinical practice, it can be expected that such type of disagreement occurs more frequently. AI, after all, is being implemented, because it promises, among others, higher accuracy, which implies that some abnormalities will be detected that the physician would have missed.2 Hence, it is laudable to discuss the moral implications of …. (shrink)

Motivational judgement internalists hold that there is a necessary connection between moral judgments and motivation. There is, though, an important lack of clarity in the literature about the types of moral evaluation the theory is supposed to cover. It is rarely made clear whether the theory is intended to cover all moral judgements or whether the claim covers only a subset of such judgements. In this paper I will investigate which moral judgements internalists should hold their theory to apply (...) to. I will argue that the possibility of the supererogation amoralist, someone who makes genuine supererogation judgements but remains unmotivated by them, makes it implausible to be an internalist about moral goodness. As a result, internalists should restrict their claim to moral requirement judgements. I will then argue that this creates an explanatory burden for Internalism. In order for their view to be plausible they must explain why some moral judgements and not others are necessarily connected to motivation. (shrink)

It has recently been argued that a person’s moral judgments (about both their own and others’ actions) are constrained by the nature and extent of their relevant ignorance and, thus, that such judgments are determined in the first instance by the person’s epistemic circumstances. It has been argued, in other words, that the epistemic is logically prior to other normative (e.g., ethical, prudential, pecuniary) considerations in human decision-making, that these other normative considerations figure in decision-making only after (logically and temporally) (...) relevant ignorance has constrained the decision-maker’s menu of options. If this is right, then a person’s moral judgments in some set of circumstances should vary with their knowledge and ignorance of these circumstances. In this study, we test the hypothesis of the logical priority of the epistemic. We describe two experiments in which subjects’ knowledge and ignorance of relevant consequences were manipulated. In the second experiment, we also compared the effect of ignorance on moral judgments with that of personal force, a factor previously shown to influence moral judgments. We found broad empirical support for the armchair arguments that epistemic considerations are logically prior to normative considerations. (shrink)

It has recently been argued that a person’s moral judgments (about both their own and others’ actions) are constrained by the nature and extent of their relevant ignorance and, thus, that such judgments are determined in the first instance by the person’s epistemic circumstances. It has been argued, in other words, that the epistemic is logically prior to other normative (e.g., ethical, prudential, pecuniary) considerations in human decision-making, that these other normative considerations figure in decision-making only after (logically and temporally) (...) relevant ignorance has constrained the decision-maker’s menu of options. If this is right, then a person’s moral judgments in some set of circumstances should vary with their knowledge and ignorance of these circumstances. In this study, we test the hypothesis of the logical priority of the epistemic. We describe two experiments in which subjects’ knowledge and ignorance of relevant consequences were manipulated. In the second experiment, we also compared the effect of ignorance on moral judgments with that of personal force, a factor previously shown to influence moral judgments. We found broad empirical support for the armchair arguments that epistemic considerations are logically prior to normative considerations. (shrink)

Hume bequeathed to rational intuitionists a problem concerning moral judgment and the will – a problem of sufficient severity that it is still cited as one of the major reasons why intuitionism is untenable.1 Stated in general terms, the problem concerns how an intuitionist moral theory can account for the intimate connection between moral judgment and moral motivation. One reason that this is still considered to be a problem for intuitionists is that it is widely assumed that the early intuitionists (...) made little progress towards solving it. In this essay, I wish to challenge this assumption by examining one of the more subtle intuitionist responses to Hume, viz., that offered by Thomas Reid. For reasons that remain unclear to me, Reid's response to Hume on this issue has been almost entirely neglected. I shall argue that it is nonetheless one that merits our attention, for at least two reasons. In the first place, Reid's response to Hume's challenge to rational intuitionism bears a close affinity to the type of response that he offers to Hume's broadly skeptical challenge to realist views regarding our perception of the external world. Since Reid's strategy in the latter case is widely regarded as exhibiting significant promise, it is natural to wonder whether, when applied to the moral domain, this type of strategy displays similar promise.2 I will suggest that it does. That is, I will suggest that since Reid's broadly nativist position in perception is one well worth considering, then so also is his broadly nativist account of moral motivation. Second, Reid's position regarding moral motivation represents an intriguing attempt to blend a broadly intuitionist view with important insights from the sentimentalist tradition. In this respect, Reid's view is a genuine hybrid position unlike that offered by other intuitionists such as Richard Price. The synthetic character of Reid's position, I claim, gives it a unique type of theoretical richness, since it incorporates some very attractive features of both rational intuitionism and sentimentalism. (shrink)

Pellegrino has argued that end-of-life decisions should be based upon the physician's assessment of the effectiveness of the treatment and the patient's assessment of its benefits and burdens. This would seem to imply that conditions for medical futility could be met either if there were a judgment of ineffectiveness, or if the patient were in a state in which he or she were incapable of a subjective judgment of the benefits and burdens of the treatment. I argue that (...) a theory of futility according to Pellegrino would deny that latter but would permit some cases of the former. I call this the circumspect view. I show that Pellegrino would adopt the circumspect view because he would see the medical futility debate in the context of a system of medical ethics based firmly upon a philosophy of medicine. The circumspect view is challenged by those who would deny that one can distinguish objective from subjective medical judgments. I defend the circumspect view on the basis of a previously neglected aspect of the philosophy of medicine -- an examination of varieties of medical judgment. I then offer some practical applications of this theory in clinical practice. (shrink)

In one of his essays on art, Dutch author and essayist Joost Zwagerman reflects on the work of South African artist Marlene Dumas. Zwagerman addresses in particular Dumas' My Mother Before She Became My Mother, painted 3 years after her mother died. In his reflections, Zwagerman proposes an interpretation of Dumas' work. He suggests that Dumas, in her art, does not accept the omnipotence of death. Maybe against better judgement, but Dumas keeps creating images that not only illustrate the (...) desire for meaning but also embody this desire. The image and the desire for meaning merge in Dumas' paintings. The painting itself becomes an autonomous 'desire machine', according to Zwagerman. In this article, a theological reading of Zwagerman's own posthumously published volume of poetry, 'Wakend over God', is presented, with a specific interest in art, death and God. The sacramental hermeneutics of Richard Kearney and the theopoetics of John Caputo are brought into the conversation to elicit the dimensions of faith and religion in Zwagerman's own 'desire machine'. (shrink)

We present a one per cent measurement of the cosmic distance scale from the detections of the baryon acoustic oscillations in the clustering of galaxies from the Baryon Oscillation Spectroscopic Survey, which is part of the Sloan Digital Sky Survey III. Our results come from the Data Release 11 sample, containing nearly one million galaxies and covering approximately 8500 square degrees and the redshift range 0.2 < z < 0.7. We also compare these results with those from the publicly released (...) DR9 and DR10 samples. Assuming a concordance Λ cold dark matter cosmological model, the DR11 sample covers a volume of 13 Gpc3 and is the largest region of the Universe ever surveyed at this density. We measure the correlation function and power spectrum, including density-field reconstruction of the BAO feature. The acoustic features are detected at a significance of over 7σ in both the correlation function and power spectrum. Fitting for the position of the acoustic features measures the distance relative to the sound horizon at the drag epoch, rd, which has a value of rd,fid = 149.28 Mpc in our fiducial cosmology. We find DV = at z = 0.32 and DV = at z = 0.57. At 1.0 per cent, this latter measure is the most precise distance constraint ever obtained from a galaxy survey. Separating the clustering along and transverse to the line of sight yields measurements at z = 0.57 of DA = and H =. Our measurements of the distance scale are in good agreement with previous BAO measurements and with the predictions from cosmic microwave background data for a spatially flat CDM model with a cosmological constant. © 2014 The Author Published by Oxford University Press on behalf of the Royal Astronomical Society. (shrink)

Berger (forthcoming) states that moral intimacy is important in applying the best interests standard. But what he calls moral intimacy requires that someone has overcome epistemic burdens needed to represent the patient. We argue elsewhere that good surrogate decision-making is first and foremost a matter of overcoming epistemic burdens, or those obstacles that stand in the way of a surrogate decision-maker knowing what a patient wants and how to satisfy those preferences. Berger’s notion of moral intimacy depends on (...) epistemic intimacy: the fact that a surrogate's epistemic burdens with respect to the best interests of the incapacitated patient have been adequately surmounted, plus some other feature. Thus, where a particular patient-surrogate relationship fails to be morally intimate, what is lacking is either epistemic intimacy or this second feature. Furthermore, Berger uses the notion of moral intimacy as an explanans for the application of the best interests standard. We argue that the notions of epistemic intimacy and epistemic burdens not only help to explain the notion of moral intimacy, but also better explain the application of the best interests standard. Given the role of epistemic burdens and the epistemic intimacy that overcoming them enables, bioethicists and physicians should consider a surrogate’s epistemic standing relative to the patient’s best interests before pronouncing on the former’s ethical probity. (shrink)

This paper examines and criticizes the defence of toleration due to John Rawls in Political Liberalism, and similar strategies mobilized in defence of toleration. It argues that the notion of the burdens of judgement, used by Rawls to defend his doctrine of reasonable pluralism, faces incoherence: schematically, either disagreement succumbs to reason, or vice versa. On similar grounds, reasonable disagreement defences of neutrality fail because of a double-mindedness about the relation between private judgements and public reason. This problem (...) arises, it is argued, from an attempt to make private judgements determinative in the formation of political and legal outcomes, even while subjecting the latter’s justification to norms of public reason. Deference to private judgements in political justification tends to countenance sedition, and this applies also to modern liberal attempts such as Rawls’s to ground toleration in private judgements. (shrink)

From what norms does the ethics of belief derive its oughts, its attributions of virtues and vices, responsibilities and irresponsibilities, its permissioning and censuring? Since my inductive risk account is inspired by pragmatism, and this method understands epistemology as the theory of inquiry, the paper will try to explain what the aims and tasks are for an ethics of belief, or project of guidance, which best fits with this understanding of epistemology. More specifically, this chapter approaches the ethics of belief (...) from a focus on responsible risk management, where doxastic responsibility is understood in terms of the degree of riskiness of agents’ doxastic strategies, a riskiness which is in turn most objectively measured through accordance or violation of inductive norms. Doxastic responsibility is attributable to agents on the basis of how epistemically risky was the process or strategy of inquiry salient in the etiology of their belief or in their maintenance of what one believes or accepts. (shrink)

Originally proposed by John Rawls, the idea of reasoning from conjecture is popular among the proponents of political liberalism in normative political theory. Reasoning from conjecture consists in discussing with fellow citizens who are attracted to illiberal and antidemocratic ideas by focusing on their religious or otherwise comprehensive doctrines, attempting to convince them that such doctrines actually call for loyalty to liberal democracy. Our goal is to criticise reasoning from conjecture as a tool aimed at persuasion and, in turn, at (...) improving the stability of liberal democratic institutions. To pursue this goal, we use as case study real-world efforts to counter-radicalise at-risk Muslim citizens, which, at first glance, reasoning from conjecture seems well-placed to contribute to. This case study helps us to argue that the supporters of reasoning from conjecture over-intellectualise opposition to liberal democracy and what societies can do to counter it. Specifically, they (i) underestimate how few members of society can effectively perform reasoning from conjecture; (ii) overlook that the burdens of judgement, a key notion for political liberals, highlight how dim the prospects of reasoning from conjecture are and (iii) do not pay attention to the causes of religious persons’ opposition to liberal democracy. However, not everything is lost for political liberals, provided that they redirect attention to different and under-researched resources contained in Rawls’s theory. In closing, we briefly explain how such resources are much better placed than reasoning from conjecture to provide guidance relative to counter-radicalisation in societies (i) populated by persons who do not generally hold anything close to a fully worked out and internally consistent comprehensive doctrine and (ii) where political institutions should take responsibility for at least part of the existing alienation from liberal democratic values. (shrink)

Kant's attempt to establish the principles behind the faculty of judgment remains one of the most important works on human reason.

The paper calls for argumentation theory to learn from moral and political philosophy. Several thinkers in these fields help understand the occurrence of what we may call legitimate dissensus: enduring disagreement even between reasonable people arguing reasonably. It inevitably occurs over practical issues, e.g., issues of action rather than truth, because there will normally be legitimate arguments on both sides, and these will be incommensurable, i.e., they cannot be objectively weighed against each other. Accordingly, ‘inference,’ ‘validity,’ and ‘sufficiency’ are inapplicable (...) notions. Further distinctive features of pro and con arguments in practical argumentation are explored, and some corollaries are drawn regarding evaluative norms of legitimate dissensus. Examples from immigrationrelated public debates in Denmark are given. (shrink)

The rate of individuals diagnosed with Alzheimer’s disease is expected to increase significantly in the coming decades. As more attention is paid to end-of-life care for these patients, questions about the use of assisted nutrition and hydration will become more prevalent. Two recent articles that discuss the use of ANH in patients suffering from advanced Alzheimer’s disease are discussed. The author argues that Pope John Paul II’s designation of medically assisted nutrition and hydration as “ordinary care” does not alleviate the (...) ethical necessity of discerning the benefits and burdens of the procedure for these patients. He argues that tube feeding of patients with advanced Alzheimer’s disease should be considered extraordinary, non-obligatory treatment, but future research is still needed to assess the objective and subjective criteria for making this judgment. National Catholic Bioethics Quarterly 13.3 (Autumn 2013): 469–482. (shrink)

The burden of research ethics review falls not just on researchers, but on those who serve on research ethics committees (RECs). With the advent of automated text analysis and generative artificial intelligence, it has recently become possible to teach models to support human judgment, for example by highlighting relevant parts of a text and suggesting actionable precedents and explanations. It is time to consider how such tools might be used to support ethics review and oversight. This commentary argues that with (...) a suitable strategy of engagement, artificial intelligence can be used in a variety of ways that can genuinely support RECs and manage their workload and improve the quality of review. It would be wiser to take an active role in the development of AI tools for ethics review, rather than to adopt ad hoc tools after the fact. (shrink)

How is the burden of proof to be distributed among individuals who are involved in resolving a particular issue? Under what conditions should the burden of proof be distributed unevenly? We distinguish attitudinal from dialectical burdens and argue that these questions should be answered differently, depending on which is in play. One has an attitudinal burden with respect to some proposition when one is required to possess sufficient evidence for it. One has a dialectical burden with respect to some (...) proposition when one is required to provide supporting arguments for it as part of a deliberative process. We show that the attitudinal burden with respect to certain propositions is unevenly distributed in some deliberative contexts, but in all of these contexts, establishing the degree of support for the proposition is merely a means to some other deliberative end, such as action guidance, or persuasion. By contrast, uneven distributions of the dialectical burden regularly further the aims of deliberation, even in contexts where the quest for truth is the sole deliberative aim, rather than merely a means to some different deliberative end. We argue that our distinction between these two burdens resolves puzzles about unevenness that have been raised in the literature. (shrink)

The idea of a ‘true’ account of pluralism is ultimately contradictory. Liberal political philosophers often fell prey to a special version of this fallacy by presupposing that there might be only one correct argument for justifying the acceptance of pluralism as the core of a liberal democratic polity. Avoiding this trap, Rawls’s ‘political liberalism’ has offered a more sophisticated view of reasonable pluralism as linked with the ‘burdens of judgement’. His philosophical agenda, however, left some questions underexplored: What (...) is the relation of pluralism to relativism? How can a conception of pluralism avoid being either one view among others with no special claim to truth, or a foundationalist claim? If pluralism is a fact, in what sense can it bind us? These questions – crucial for grasping the distinctiveness of ‘political’ liberalism – are addressed by revisiting Plato’s simile of the cave, in order to make it accommodate the groundbreaking Rawlsian notion of the ‘r... (shrink)

In his Liberalism without Perfection, Jonathan Quong argues for internal conception of political liberalism which goal is to show that a liberal well-ordered society is internally coherent ideal and that citizens who would be raised in such society could endorse and support their own liberal institutions and principles if those institutions and principles are justified in particular way These institutions should be justified by particular conception of public reason which main feature is that overlapping consensus is the first stage of (...) its justificatory structure. So, public reasoning of citizens in well-ordered society should be based solely on values and ideas inherent to liberal conception of justice - freedom, equality, fair system of cooperation and burdens of judgment. Another important feature of Quong?s conception of public reason concerns its scope. Quong argues for a wide scope of public reason which demands that all coercive or binding laws or public policies should be justified on basis of these values alone. Thus, reasonable citizens in well-ordered society by definition accord deliberative priority to public reasons over their other comprehensive or nonpublic beliefs whenever they exercise their collective political power over one another. The problem I raise in this paper is that it is very likely that in well-ordered society there will be a group of citizens that will not accord full deliberative priority to political values, especially not at all levels of political deliberation. On certain issues they will like to see their particular values being realized through common political institutions. If our political theory excludes this group from justificatory constituency on this particular issue or categorize them as unreasonable it can easily undermine their general adherence to liberal conception of justice and endanger stability of well-ordered society. Thus, my point is that we need a further development of political liberalism to solve such problems not as a part of non-ideal theory but as a part of its ideal of well-ordered society. nema. (shrink)

This is Werner S. Pluhar's translation of Immanuel Kant's Critique of Judgment (Kritik der Urtheilskraft) for Hackett Publications (Indianapolis, Indiana). ISBN 9780872200258 (paperback).

John Rawls, in his Political Liberalism (1993), claims that his justice-as-fairness prescription for liberal democracy does not require its citizens to harbor doubts regarding the truth claims of their religious, philosophical, or moral comprehensive doctrines. Citizens, he says, need not be “hesitant or uncertain, much less skeptical, about [their] own beliefs.” This claim is necessary for the protection of liberty of conscience, a “primary goods”, but it is also necessary to his description of his scheme as a “reasonable utopia” since (...) citizens are not likely to agree to a demand for skepticism. The problem arises for Rawls’s scheme when he says that for a citizen to participate in this political process she must be “reasonable” and that to qualify as “reasonable”, she must acknowledge what Rawls calls the “burdens of judgment” (that is, “limits on what can be reasonably justified to others”). This acknowledgment allows her not only to qualify as reasonable herself, but forces her to concede the reasonableness of other citizens who hold different truth claims from her own. Rawls’s fourth “burden of conscience” is an admission that the truth claims of all citizens, including her own, are conditioned by what Rawls calls her “total experience”. Unless she is willing to make the admission that her truth claims are contingent, a citizen cannot qualify as “reasonable” and is excluded from the conversation of public reason whose purpose is to produce a consensus on justice principles. This leaves his scheme in the category of “unreasonable utopias”. (shrink)

In the United States, the decision of whether to withdraw or continue to provide artificial nutrition and hydration (ANH) for patients in a permanent vegetative state (PVS) is placed largely in the hands of surrogate decision-makers, such as spouses and immediate family members. This practice would seem to be consistent with a strong national emphasis on autonomy and patient-centered healthcare. When there is ambiguity as to the patient's advanced wishes, the presumption has been that decisions should weigh in favor of (...) maintaining life, and therefore, that it is the withdrawal rather than the continuation of ANH that requires particular justification. I will argue that this default position should be reversed. Instead, I will argue that the burden of justification lies with those who would continue artificial nutrition and hydration (ANH), and in the absence of knowledge as to the patient's advanced wishes, it is better to discontinue ANH. In particular, I will argue that among patients in PVS, there is not a compelling interest in being kept alive; that in general, we commit a worse violation of autonomy by continuing ANH when the patient's wishes are unknown; and that more likely than not, the maintenance of ANH as a bridge to a theoretical future time of recovery goes against the best interests of the patient. (shrink)

In the Critique of Judgement, Kant offers a penetrating analysis of our experience of the beautiful and the sublime. He discusses the objectivity of taste, aesthetic disinterestedness, the relation of art and nature, the role of imagination, genius and originality, the limits of representation, and the connection between morality and the aesthetic. He also investigates the validity of our judgements concerning the degree in which nature has a purpose, with respect to the highest interests of reason and enlightenment. The (...) work profoundly influenced the artists, writers, and philosophers of the classical and romantic period, including Hegel, Schelling, Schopenhauer, and Nietzsche. In addition, it has remained a landmark work in fields such as phenomenology, hermeneutics, the Frankfurt School, analytical aesthetics, and contemporary critical theory. Today it remains an essential work of philosophy, and required reading for all with an interest in aesthetics. (shrink)

This chapter contains sections titled: Site One: The Terms of Cooperation Site Two: Ontological “Sources” and Their Resistance to Full Articulacy Site Three: Recognizing Identity Conclusion Notes.

The article argues that Rawls’s property-owning democracy should not be understood as a necessary standard of democratic legitimacy. This position contradicts Rawls’s own understanding to some extent, but a rejoinder with elements of political liberalism is possible. He concedes that justice as fairness is a ‘comprehensive liberal doctrine’ and that a well ordered society affirming such a doctrine ‘contradicts reasonable pluralism’. Rawls makes clear that reasonable pluralism in combination with the burdens of judgment lead to rare unanimity in political (...) life and to the necessity of majority and plurality voting procedures. (shrink)

In this article I examine the question of how a liberal state should go about defining death. Plausible standards for a definition of death include a somatic one based on circulatory criteria, death by neurologic criteria (DNC), and higher brain death. I will argue that Rawlsian “burdens of judgment” apply in this process: that is, reasonable disagreement should be expected on important topics, and such disagreement ought not be resolved via the coercive powers of the state. Nevertheless, the state (...) must legislate a definition of death, and in doing so faces a “neutralist dilemma,” that is, when there are multiple reasonable ways to move forward, only one can be chosen. I will examine a possible way to exit this neutralist dilemma. Finally, I will argue for DNC as the normatively preferred default definition of death. To do this, I will employ the Rawlsian heuristic of the “original position” and offer public reasons in favor of using DNC as the preferred default definition of death. (shrink)

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...) standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

Who carries the burden of proof in analytic philosophical debates, and how can this burden be satisfied? As it turns out, the answer to this joint question yields a fundamental challenge to the very conduct of metaphysics in analytic philosophy. Empirical research presented in this book indicates that the vastly predominant goal pursued in analytic philosophical dialogues lies not in discovering truths or generating knowledge, but merely in prevailing over one’s opponents. Given this goal, the book examines how most effectively (...) to allocate and discharge the burden of proof. It focuses on premises that must prudently be avoided because a burden of proof on them could never be satisfied, and in particular discusses unsupportable bridge premises across inference barriers, like Hume’s barrier between ‘is’ and ‘ought’, or the barrier between the content of our talk or thought, and the world beyond such content. Employing this content/world barrier for a critical assessment of mainstream analytic philosophical methods, this book argues that we must prudently avoid invoking intuitions or other content of thought or talk in support of claims about the world beyond content, that is, metaphysically significant claims. Yet as content-located evidence is practically indispensable to metaphysical debates throughout analytic philosophy, from ethics to the philosophy of mathematics, this book reaches the startling conclusion that all such metaphysical debates must, prudently, be terminated. (shrink)

Although an invasive medical intervention, Deep Brain Stimulation (DBS) has been regarded as an efficient and safe treatment of Parkinson’s disease for the last 20 years. In terms of clinical ethics, it is worth asking whether the use of DBS may have unanticipated negative effects similar to those associated with other types of psychosurgery. Clinical studies of epileptic patients who have undergone an anterior temporal lobectomy have identified a range of side effects and complications in a number of domains: psychological, (...) behavioural, affective and social. In many cases, patients express difficulty adjusting from being chronically ill to their new status as ‘treated’ or ‘seizure free’. This postoperative response adjustment has been described in the literature on epilepsy as the ‘Burden of Normality’ (BoN) syndrome. Most of the discussion about DBS postoperative changes to self is focused on abnormal side effects caused by the intervention (ie, hypersexuality, hypomania, etc). By contrast, relatively little attention is paid to the idea that successfully ‘treated’ individuals might experience difficulties in adjusting to becoming ‘normal’. The purpose of this paper is (1) to articulate the postoperative DBS psychosocial adjustment process in terms of the BoN syndrome, (2) to address whether the BoN syndrome illustrates that DBS treatment poses a threat to the patient’s identity, and (3) to examine whether the current framework for rehabilitation after DBS procedures should be updated and take into account the BoN syndrome as a postoperative self-change response. (shrink)

The article discusses burden of proof rules in social criticism. By social criticism I mean an argumentative situation in which an opponent publicly argues against certain social practices; the examples I consider are discrimination on the basis of species and discrimination on the basis of one's nationality. I argue that burden of proof rules assumed by those who defend discrimination are somewhat dubious. In social criticism, there are no shared values which would uncontroversially determine what is the reasonable presumption and (...) who has the burden of proof, nor are there formal rules which would end the debate and determine the winner at a specific point. (shrink)

Hannah Arendt's essay "Reflections on Little Rock" sparked massive criticisms, accusing Arendt of holding racist views. In it, Arendt constructs the motivation of black parents whose children integrated into white schools as a desire for social climbing, and not as a political struggle for the right to equal education.1 Kathryn Sophia Belle, in Hannah Arendt and the Negro Question, argues that Arendt's judgment in "Reflections on Little Rock" was not accidental to her writing, but expressive of an underlying current of (...) antiblackness informing her work from The Origins of Totalitarianism onward.2 Belle's criticism leads her to reject Arendt's theory of judgment as inherently flawed.3 I want to hold on to Arendt's... (shrink)

To have the burden of proof is to be rationally required to argue for or provide evidence for your position. To have a heavier burden than an opponent is to be rationally required to provide better evidence or better arguments than they are required to provide. Many commentators suggest that differential or uneven distribution of the burden of proof is ubiquitous. In reasoned discourse, the idea goes, it is almost always the case that one party must prove the claim at (...) issue to prevent the opposing view winning by default. The following passage is typical of the sort of thing one finds in critical thinking textbooks. (shrink)