In this major new work, Matthew Kramer seeks to establish two main conclusions. On the one hand, moral requirements are strongly objective. On the other hand, the objectivity of ethics is itself an ethical matter that rests primarily on ethical considerations. Moral realism - the doctrine that morality is indeed objective - is a moral doctrine. Major new volume in our new series _New Directions in Ethics_ Takes on the big picture - defending the objectivity of ethics whilst rejecting the (...) grounds of much of the existing debate between realists and anti-realists Cuts across both ethical theory and metaethics Distinguished by the quality of the scholarship and its ambitious range. (shrink)

In his provocative book Matthew Kramer offers a systematic theory of freedom that challenges most of the other major contemporary treatments of the topic.

During the past several decades, political philosophers have frequently clashed with one another over the question whether governments are morally required to remain neutral among reasonable conceptions of excellence and human flourishing. Whereas the numerous followers of John Rawls have maintained that a requirement of neutrality is indeed incumbent on every system of governance, other philosophers -- often designated as 'perfectionists' -- have argued against the existence of such a requirement. Liberalism with Excellence enters these debates not by plighting itself (...) unequivocally to one side or the other, but instead by reconceiving each of the sides and thus by redirecting the debates that have occurred between them. On the one hand, the book rejects the requirement of neutrality by contending that certain subsidies for the promotion of excellence in sundry areas of human endeavour can be proper and vital uses of resources by governments. Advocating such departures from the constraint of neutrality, the book presents a version of liberalism that can rightly be classified as 'perfectionist'. On the other hand, the species of perfectionism espoused in Liberalism with Excellence diverges markedly from the theories that have usually been so classified. Indeed, much of the book assails various aspects of those theories. What is more, the aspirational perfectionism elaborated in the closing chapters of the volume is reconcilable in most key respects with a suitably amplified version of Rawlsianism. Hence, by reconceiving both the perfectionist side and the neutralist side of the prevailing disputation, Liberalism with Excellence combines and transforms their respective insights. (shrink)

Metaphysical grounding is standardly taken to be irreflexive: nothing grounds itself. Kit Fine has presented some puzzles that appear to contradict this principle. I construct a particularly simple variant of those puzzles that is independent of several of the assumptions required by Fine, instead employing quantification into sentence position. Various possible responses to Fine's puzzles thus turn out to apply only in a restricted range of cases.

We define a notion of difference-making for partial grounds of a fact in rough analogy to existing notions of difference-making for causes of an event. Using orthodox assumptions about ground, we show that it induces a non-trivial division with examples of partial grounds on both sides. We then demonstrate the theoretical fruitfulness of the notion by applying it to the analysis of a certain kind of putative counter-example to the transitivity of ground recently described by Jonathan Schaffer. First, we show (...) that our conceptual apparatus of difference-making enables us to give a much clearer description than Schaffer does of what makes the relevant instances of transitivity appear problematic. Second, we suggest that difference-making is best seen as a mark of good grounding-based explanations rather than a necessary condition on grounding, and argue that this enables us to deal with the counter-example in a satisfactory way. Along the way, we show that Schaffer's own proposal for salvaging a form of transitivity by moving to a contrastive conception of ground is unsuccessful. We conclude by sketching some natural strategies for extending our proposal to a more comprehensive account of grounding-based explanations. (shrink)

In his 2010 paper ‘Grounding and Truth-Functions’, Fabrice Correia has developed the first and so far only proposal for a logic of ground based on a worldly conception of facts. In this paper, we show that the logic allows the derivation of implausible grounding claims. We then generalize these results and draw some conclusions concerning the structural features of ground and its associated notion of relevance, which has so far not received the attention it deserves.

The authors of this book engage in essay form in a lively debate over the fundamental characteristics of legal and moral rights. They examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices. In the course of this debate the authors address many questions through which they clarify, though not finally resolve, a number of controversial present-day political debates, including those over abortion, euthanasia, and animal rights.

This book is an uncompromising defense of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. The book concludes with a detailed discussion of the obligation to obey the law--a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.

This article investigates the relationships between forms of humor that conjure up possible worlds and real-world social critiques. The first part of the article will argue that subversive humor, which is from or on behalf of historically and continually marginalized communities, constitutes a kind of aesthetic experience that can elicit enjoyment even in adversarial audiences. The second part will be a connecting piece, arguing that subversive humor can be constructed as brief narrative thought experiments that employ the use of fictionalized (...) scenarios to facilitate an open, playful attitude, encouraging a space for collaborative interpretation. This interaction between humorist and audience is an aesthetic experience that is enjoyable in and of itself, as the feelings of mirth are intrinsically valuable. But connected to the “Ha-ha!” experience of these sorts of humorous creations is an “Aha!” or potentially revelatory experience that is a mixture of cognitive comprehension and motivated (emotional) response. The third part of the article will attempt to go beyond the consciousness-raising element with an account of how such possible worlds created in the realm of imagination through subversive humor can bleed into the real world of flesh and blood people. Finally, an example of subversive humor will be analyzed. (shrink)

This collection of essays forms a lively debate over the fundamental characteristics of legal and moral rights. The essays examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices.

Research in face recognition has tended to focus on discriminating between individuals, or “telling people apart.” It has recently become clear that it is also necessary to understand how images of the same person can vary, or “telling people together.” Learning a new face, and tracking its representation as it changes from unfamiliar to familiar, involves an abstraction of the variability in different images of that person's face. Here, we present an application of principal components analysis computed across different photos (...) of the same person. We demonstrate that people vary in systematic ways, and that this variability is idiosyncratic—the dimensions of variability in one face do not generalize well to another. Learning a new face therefore entails learning how that face varies. We present evidence for this proposal and suggest that it provides an explanation for various effects in face recognition. We conclude by making a number of testable predictions derived from this framework. (shrink)

This chapter contains sections titled: Categorical Prescriptiveness Uniformity as a Moral Matter Uniformity Contrasted with Neutrality The Overridingness of Moral Principles.

Experiments in particle physics have hitherto failed to produce any significant evidence for the many explicit models of physics beyond the Standard Model (BSM) that had been proposed over the past decades. As a result, physicists have increasingly turned to model-independent strategies as tools in searching for a wide range of possible BSM effects. In this paper, we describe the Standard Model Effective Field Theory (SM-EFT) and analyse it in the context of the philosophical discussions about models, theories, and (bottom-up) (...) effective field theories. We find that while the SM-EFT is a quantum field theory, assisting experimentalists in searching for deviations from the SM, in its general form it lacks some of the characteristic features of models. Those features only come into play if put in by hand or prompted by empirical evidence for deviations. Employing different philosophical approaches to models, we argue that the case study suggests not to take a view on models that is overly permissive because it blurs the lines between the different stages of the SM-EFT research strategies and glosses over particle physicists' motivations for undertaking this bottom-up approach in the first place. Looking at EFTs from the perspective of modelling does not require taking a stance on some specific brand of realism or taking sides in the debate between reduction and emergence into which EFTs have recently been embedded. (shrink)

On its intended interpretation, logical, mathematical and metaphysical discourse sometimes seems to involve absolutely unrestricted quantification. Yet our standard semantic theories do not allow for interpretations of a language as expressing absolute generality. A prominent strategy for defending absolute generality, influentially proposed by Timothy Williamson in his paper ‘Everything’, avails itself of a hierarchy of quantifiers of ever increasing orders to develop non-standard semantic theories that do provide for such interpretations. However, as emphasized by Øystein Linnebo and Agustín Rayo, there (...) is pressure on this view to extend the quantificational hierarchy beyond the finite level, and, relatedly, to allow for a cumulative conception of the hierarchy. In his recent book, Modal Logic as Metaphysics, Williamson yields to that pressure. I show that the emerging cumulative higher-orderist theory has implications of a strongly generality-relativist flavour, and consequently undermines much of the spirit of generality absolutism that Williamson set out to defend. (shrink)

This paper seeks to clarify and defend the proposition that moral realism is best elaborated as a moral doctrine. I begin by upholding Ronald Dworkin’s anti-Archimedean critique of the error theory against some strictures by Michael Smith, and I then briefly suggest how a proponent of moral realism as a moral doctrine would respond to Smith’s defense of the Archimedeanism of expressivism. Thereafter, this paper moves to its chief endeavor. By differentiating clearly between expressivism and quasi-realism, the paper highlights both (...) their distinctness and their compatibility. In so doing, it underscores the affinities between Blackburnian quasi-realism and moral realism as a moral doctrine. Finally, this paper contends—in line with my earlier work on these matters—that moral realism as a moral doctrine points to the need for some reorienting of meta-ethical enquiries rather than for the abandoning of them. (shrink)

Recently, some philosophers have argued that we should take quantification of any order to be a legitimate and irreducible, sui generis kind of quantification. In particular, they hold that a semantic theory for higher-order quantification must itself be couched in higher-order terms. Øystein Linnebo has criticized such views on the grounds that they are committed to general claims about the semantic values of expressions that are by their own lights inexpressible. I show that Linnebo's objection rests on the assumption of (...) a notion of semantic value or contribution which both applies to expressions of any order, and picks out, for each expression, an extra-linguistic correlate of that expression. I go on to argue that higher-orderists can plausibly reject this assumption, by means of a hierarchy of notions they can use to describe the extra-lingustic correlates of expressions of different orders. (shrink)

A "good" arguer is like an architect with a penchant for civil and civic engineering. Such an arguer can design and present their reasons artfully about a variety of topics, as good architects do with a plenitude of structures and in various environments. Failures in this are rarely hidden for long, as poor constructions reveal themselves, often spectacularly, so collaboration among civical engineers can be seen as a virtue. Our logical virtues should be analogous. When our arguments fail due to (...) being uncivil and demagogic, since we inhabit the arguments we build, we are all crushed beneath our flawed reasoning. This mixed metaphor takes us to a self-referential analysis of argumentation, analogy, and humor. I argue that good argumentation strives to collaboratively convince rather than belligerently persuade. A convincing means toward this end is through humorous analogical arguments, whether the matter at hand is ethical, logical, theological, phenomenological, epistemological, metaphysical, political, or about baseball. (shrink)

Tolerance for blood transfusion risks is very low, as evidenced by the implementation of expensive blood tests and the rejection of gay men as blood donors. Is this low risk tolerance supported by the precautionary principle, as defenders of such policies claim? We discuss three constraints on applying the precautionary principle and show that respecting these implies tolerating certain risks. Consistency means that the precautionary principle cannot prescribe precautions that it must simultaneously forbid taking, considering the harms they might cause. (...) Avoiding counterproductivity requires rejecting precautions that cause more harm than they prevent. Proportionality forbids taking precautions that are more harmful than adequate alternatives. When applying these constraints, we argue, attention should not be restricted to harms that are human caused or that affect human health or the environment. Tolerating transfusion risks can be justified if available precautions have serious side effects, such as high social or economic costs. (shrink)

What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number (...) of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted. (shrink)

Taking a fresh look at a central controversy in criminal law theory, The Ethics of Capital Punishment presents a rationale for the death penalty grounded in a theory of the nature of evil and the nature of defilement. Original, unsettling, and deeply controversial, it will be an essential reference point for future debates on the subject.

The morality of interrogational torture has been the subject of heated debate in recent years. In explaining why torture is morally wrong, Kramer engages in deep philosophical reflections on the nature of morality and on moral conflicts.

A lot of research has recently been done on the topic of ground, and in particular on the logic of ground. According to a broad consensus in that debate, ground is hyperintensional in the sense that even logically equivalent truths may differ with respect to what grounds them, and what they ground. This renders pressing the question of what we may take to be the ground-theoretic content of a true statement, i.e. that aspect of the statement’s overall content to which (...) ground is sensitive. I propose a novel answer to this question, namely that ground tracks how, rather than just by what, a statement is made true. I develop that answer in the form of a formal theory of ground-theoretic content and show how the resulting framework may be used to articulate plausible theories of ground, including in particular a popular account of the grounds of truth-functionally complex truths that has proved difficult to accommodate on alternative views of content. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 4, Page 473-483, May 2022. In my recent book Freedom of Expression as Self-Restraint, I expound and defend the moral principle of freedom of expression. This article recounts a few of the main strands of the exposition in that book, and it touches upon the justification for the principle of freedom of expression. Supplementing the abstract ideas broached in the article are several illustrative examples that render the abstractions more accessible.

Many theorists have defended the claim that collective entities can attain genuine agential status. If collectives can be agents, this opens up a further question: can they be conscious? That is, is there something that it is like to be them? Eric Schwitzgebel argues that yes, collective entities, may well be significantly conscious. Others, including Kammerer, Tononi and Koch, and List reject the claim. List does so on the basis of Tononi’s Integrated Information Theory of consciousness. I argue here that (...) List’s rejection is too quick, and that groups can, at least in principle, display the kind of informational integration we might think is necessary for consciousness. However, group consciousness will likely differ substantially from the individual experiences that give rise to it. This requires the defender of group consciousness to face up to a similar combination problem as the panpsychist. (shrink)

Many social situations require a mental model of the knowledge, beliefs, goals, and intentions of others: a Theory of Mind (ToM). If a person can reason about other people’s beliefs about his own beliefs or intentions, he is demonstrating second-order ToM reasoning. A standard task to test second-order ToM reasoning is the second-order false belief task. A different approach to investigating ToM reasoning is through its application in a strategic game. Another task that is believed to involve the application of (...) second-order ToM is the comprehension of sentences that the hearer can only understand by considering the speaker’s alternatives. In this study we tested 40 children between 8 and 10 years old and 27 adult controls on (adaptations of) the three tasks mentioned above: the false belief task, a strategic game, and a sentence comprehension task. The results show interesting differences between adults and children, between the three tasks, and between this study and previous research. (shrink)

Some important recent articles, including one in this journal, have sought to devise theories of rights that can transcend the longstanding debate between the Interest Theory and the Will Theory. The present essay argues that those efforts fail and that the Interest Theory and the Will Theory withstand the criticisms that have been levelled against them. To be sure, the criticisms have been valuable in that they have prompted the amplification and clarification of the two dominant theories of rights; but (...) their upshot has been to reveal the need for the improvement, rather than the abandonment, of those theories. (shrink)

Say that two sentences are ground-theoretically equivalent iff they are interchangeable salva veritate in grounding contexts. Notoriously, ground-theoretic equivalence is a hyperintensional matter: even logically equivalent sentences may fail to be interchangeable in grounding contexts. Still, there seem to be some substantive, general principles of ground-theoretic equivalence. For example, it seems plausible that any sentences of the form A∧B\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$A \wedge B$$\end{document} and B∧A\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$B (...) \wedge A$$\end{document} are ground-theoretically equivalent. What, then, are in general the conditions for two sentences to stand in the relation of ground-theoretic equivalence, and what are the logical features of that relation? This paper develops and defends an answer to these questions based on the mode-ified truthmaker theory of content presented in my recent paper ‘Towards a theory of ground-theoretic content’ :785–814, 2018). (shrink)

How are law and morality connected, how do they interact, and in what ways are they distinct? In Part I of this book, Matthew Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles are (...) consistent with all the essential characteristics of any legal system. Part II reaffirms the legal positivist argument that law and morality are separable, arguing against the position of natural-law theory, which portrays legal requirements as a species of moral requirements. Kramer contends that even though the existence of a legal system in any sizeable society is essential for the realization of fundamental moral values, law is not inherently moral either in its effects or in its motivational underpinnings. In the final part, Kramer contests the widespread view that people whose conduct is meticulously careful cannot be held morally responsible for harmful effects of their actions. Through this argument, he reveals that fault-independent liability is present even more prominently in morality than in the law. Through a variety of arguments, Where Law and Morality Meet highlights both some surprising affinities and some striking divergences between morality and law. (shrink)

We present a conceptual framework on the experience of time and provide a coherent basis on which to base further inquiries into qualitative approaches concerning time experience. We propose two Time-Layers and two Time-Formats forming four Time-Domains. Micro-Flow and Micro-Structure represent the implicit phenomenal basis, from which the explicit experiences of Macro-Flow and Macro-Structure emerge. Complementary to this theoretical proposal, we present empirical results from qualitative content analysis obtained from 25 healthy participants. The data essentially corroborate the theoretical proposal. With (...) respect to Flow, the phenomenally accessible time experience appeared as a continuous passage reaching from the past through the present into the future. With respect to Structure, the individual present was embedded in the individual biography, emerging from past experiences and comprising individual plans and goals. New or changing plans and goals were being integrated into the existing present, thus forming a new present. The future appeared as changeable within the present, by means from the past, and therefore as a space of potential opportunities. Exemplarily, we discuss these results in relation to previous empirical findings on deviant experiences of time in Autism Spectrum Disorder that is presumably characterized by a breakdown of Flow and concomitant compensatory repetition resulting in an overly structured time. Finally, we speculate about possible implications of these findings both for psychopathological and neuroscientific research. (shrink)

ABSTRACTIn clinical circles, the concept of “moral injury” has rapidly gained traction. Yet, from a moral philosophical point of view the concept is less clear than is suggested. That is, in current conceptualizations of moral injury, trauma’s moral dimension seems to be understood in a rather mechanistic and individualized manner. This article makes a start in developing an adequately founded conceptualization of the role of morality in deployment-related distress. It does so by reviewing and synthesizing insights from different disciplines into (...) morality and trauma. This discussion will lead to three positions: values and norms are by definition characterized by conflict, moral conflict may entail important social dimensions, and moral conflict may lead to altered beliefs about previously held values. These insights provide important steps in further developing conceptions of the role of morality in deployment-related suffering. (shrink)

A lot of research has recently been done on the topic of ground, and in particular on the logic of ground. According to a broad consensus in that debate, ground is hyperintensional in the sense that even logically equivalent truths may differ with respect to what grounds them, and what they ground. This renders pressing the question of what we may take to be the ground-theoretic content of a true statement, i.e. that aspect of the statement’s overall content to which (...) ground is sensitive. I propose a novel answer to this question, namely that ground tracks how, rather than just by what, a statement is made true. I develop that answer in the form of a formal theory of ground-theoretic content and show how the resulting framework may be used to articulate plausible theories of ground, including in particular a popular account of the grounds of truth-functionally complex truths that has proved difficult to accommodate on alternative views of content. (shrink)

Every problem of dirty hands is a moral conflict in which a highly unpalatable course of conduct is chosen for the sake of fulfilling a stringent moral duty, and in which either the chosen course of conduct is evil or else it would have been evil in the absence of the exigent circumstances to which it is a response. To support this conception of problems of dirty hands, this paper endeavors to elucidate the nature of moral conflicts and the nature (...) of evil. (shrink)

Throughout the English-speaking world, and in the many other countries where analytic philosophy is studied, Hillel Steiner is esteemed as one of the foremost contemporary political philosophers. This volume is designed as a festschrift for Steiner and as an important collection of philosophical essays in its own right. The editors have assembled a roster of highly distinguished international contributors, all of whom are eager to pay tribute to Steiner by focusing on topics on which he himself has concentrated. Some of (...) the contributors engage directly with Steiner's work, whereas others focus not directly on his writings but instead grapple with issues that have figured prominently therein. Each essay seeks to advance the debates in which Steiner himself has so notably participated. The study concludes with a response by Steiner himself. (shrink)

In two very influential papers from 2008, Tamar Gendler introduced the concept of “alief” to describe the mental state one is in when acting in ways contrary to their consciously professed beliefs. For example, if asked to eat what they know is fudge, but shaped into the form of dog feces, they will hesitate, and behave in a manner that would be consistent with the belief that the fudge is really poop. They alieve that it is disgusting, while they believe (...) it is not. This paper investigates laughter from self-proclaimed egalitarian, tolerant folk, in response to oppressive jokes that might fit the alief-model. If I merely alieve the content of a joke at which I laugh, will that constitute morally exculpating reasons for such laughter? And what else might it imply? This paper will provide insights at the intersections of humor studies, ethics, epistemology, phenomenology, and the philosophy of mind, all while being moderately and appropriately amusing. (shrink)

This paper begins by taking seriously former slave and abolitionist Frederick Douglass’ response in his What to the Slave is the Fourth of July? to systematic violence and oppression. He claims that direct argumentation is not the ideal mode of resistance to oppression: “At a time like this, scorching irony, not convincing argument, is needed.” I will focus on a few elements of this playful mode of resistance that conflict with the more straightforward strivings for abstract, universal, objective, convergent, absolute (...) thinking that champions reason over emotion, logic over narrative, and science over lived experience. In contrast, the type of protest employed by people like Douglass can utilize aesthetics and logic, playfulness and seriousness, emotion, even anger, and reason. Douglass provides examples of humorous, sincere parrhesia, oscillating between the lexicon of the dominant sphere and the critical reflection from a trickster on the margins. This will require an analysis of Michel Foucault’s conception of parrhesia: courageous truth-telling in the face of powerful people or institutions. It is a study of humor in the parrhesiastes, an element I think neglected by Foucault. I argue that the humorous parrhesiastes offers a mode of resistance which can subvert oppressive power structures that perpetuate injustice, revealing the fact that humor can be integral in courageous truth-telling. (shrink)

TABLE OF CONTENTS -/- * Inhalt * Verletzende Worte. Eine Einleitung * Sprache als Gewalt oder: Warum verletzen Worte? * Bedingungen für den Erfolg von Degradierungszeremonien * Gesichtsbedrohende Akte * Die Dialektik von Herausforderung und Erwiderung der Herausforderung * Sprechakte und unsprechbare Akte * Diskriminierende Sprechakte. Ein funktionaler Ansatz * Symbolische Verletzbarkeit und sprachliche Gewalt * Über die Körperkraft von Sprache * Die geraubte Stimme * Nach dem angeblichen Ende der ›Sprachvergessenheit‹: Vorläufige Fragen zur Unvermeidlichkeit der * Verletzung Anderer in (...) und mit Worten * Verletzende Anerkennung. Über das Verhältnis von Anerkennung, Subjektkonstitution und ›sozialer Gewalt‹ * Zur Praxis verbaler Gewalt unter Schülerinnen und Schülern * Sprachliche Strategien verbaler Ablehnung in öffentlichen Diskussionsforen im Internet * Zur Sprache der Sprachlosen. Ebenen der Gewalt in der diskursiven Produktion von Behinderung * Words like violence. Konstellationen des Unvernehmens * Die Autorinnen und Autoren * Nachweise. (shrink)