It seems natural to think that compromises ought to be fair. But it is false. In this paper, I argue that it is never a moral desideratum to reach fair compromises and that we are sometimes even morally obligated to try to establish unfair compromises. The most plausible conception of the fairness of compromises is David Gauthier’s principle of minimax relative concession. According to that principle, a compromise is fair when all parties make equal concessions relative (...) to how much they can gain from an agreement and relative to how much they would lose without an agreement. To find out whether reaching a fair compromise sometimes is a moral desideratum, I discuss several paradigmatic cases in friendships, economics and politics, and I try to show that even when the parties have moral reasons to refrain from trying to maximize utility in the negotiations, they do not have moral reasons to aim at a fair compromise. My second claim is that we are sometimes morally obligated to try to establish unfair compromises, in particular when we are dealing with parties that try to establish morally very bad political arrangements. In such cases, we should try to concede as little as possible to achieve an outcome that is morally acceptable. Fair compromises, in other words, are morally much more dubious than is usually appreciated. (shrink)

David Gauthier's Morals by Agreement presents a partial theory of distributive justice. It is partial because it applies only to the distribution of gains from joint endeavors, or what we may call the ‘social surplus’ from cooperation. This surplus is the benefit we receive from cooperation insofar as this is greater than what we might have produced through individual efforts without interaction with others. The central core of Gauthier's theory of distributive justice is his bargaining theory of ‘minimax (...) class='Hi'>relative concession’ or MRC. Whether his theory is compelling turns essentially on whether MRC is workable and compelling. It is this issue that I wish to address. (shrink)

Part I of this essay will be devoted to Gauthier's principle of minimax relative concession. Part II will focus, more generally, on the variety of possible strategies available to liberal theory. In Part I, I will argue that the principle of minimax relative concession does not define “essential justice” as Gauthier claims. In Part II, I will argue that the difficulties facing Gauthier's strategy are common to other strategies of die same general kind. I (...) will close by suggesting what I think may prove to be a more promising approach. (shrink)

One of the most important issues in moral philosophy is whether morality can be justified by rationality. The purpose of this study is to examine Gauthier’s moral theory, focusing on the disposition of constrained maximization, which is the main thrust of his project to justify morality rationally. First of all, I shall investigate Gauthier’s assumption and condition for the rationality of the disposition of constrained maximization so as to disclose that the disposition of constrained maximization is not necessarily chosen by (...) rational agents. Then I shall explore his other arguments including ones for the reinterpretation of rationality and the self-critical reflection of rational beings, which can be considered as his further efforts to make the disposition of constrained maximization a rational choice. By exploring them, I shall attempt to indicate that those arguments are not valid so long as he clings to the maximizing conception of rationality and thereby this conception of rationality itself is not enough to provide morality with a basis. (shrink)

The Coase theorem is argued to be incompatible with bargaining set stability due to a tension between the grand coalition and sub-coalitions. We provide a counter-intuitive argument to demonstrate that the Coase theorem may be in complete consonance with bargaining set stability. We establish that an uncertainty concerning the formation of sub-coalitions will explain such compatibility: each agent fears that others may `gang up' against him and this fear forces the agents to negotiate. The grand coalition emerges from the negotiations (...) if each agent uses the principle of equal relative sacrifice to determine the actual allocation. We also establish the rational basis for the choice of the principle of equal relative concession by the negotiating agents. Hence we argue that the Coase theorem will be valid even if there are stable sub-coalitions. (shrink)

In 1986 David Gauthier proposed an arbitration scheme for two player cardinal bargaining games based on interpersonal comparisons of players’ relative concessions. In Gauthier’s original arbitration scheme, players’ relative concessions are defined in terms of Raiffa-normalized cardinal utility gains, and so it cannot be directly applied to ordinal bargaining problems. In this paper I propose a relative benefit equilibrating bargaining solution for two and n-player ordinal and quasiconvex ordinal bargaining problems with finite sets of feasible basic agreements (...) based on the measure of players’ ordinal relative individual advantage gains. I provide an axiomatic characterization of this bargaining solution and discuss the conceptual relationship between RBEBS and ordinal egalitarian bargaining solution proposed by Conley and Wilkie. I show the relationship between the measurement procedure for ordinal relative individual advantage gains and the measurement procedure for players’ ordinal relative concessions, and argue that the proposed arbitration scheme for ordinal games can be interpreted as an ordinal version of Gauthier’s arbitration scheme. (shrink)

In the fields of linguistics and psychology the didactic implementation of new knowledge relative to argumentative discourse and its acquisition has led us to develop a didactic sequence focused on the teaching of argumentation in 11–12 year old pupils. This sequence was experimented in six schools in order to assess the effect of these new educational methods on the capacities of pupils to treat the dialogic dimensions of argumentation in the writing of monologues. An analysis of the productions of (...) the puils who had been submitted to the didactic sequence, compared with those of a control group, showed a significant improvement in the capacities of the first group. These improvements concerned aspects such as backing up arguments, acknowledging the addressee, negotiating with an eventual contradictor and using of a certain number of units and linguistic expressions t specific to argumentative texts (expressions of responsability taking, textual organisers of cause and conclusion, modalisations of probability and of certitude, concessions and polite expressions). (shrink)

This paper examines different mechanisms for adjudicating disagreement about distributive justice. It begins with a case where individuals have deeply conflicting convictions about distributive justice and must make a social choice regarding the distribution of goods. Four mechanisms of social choice are considered: social contract formation, Borda count vote, simple plurality vote, and minimax bargaining. I develop an agent-based model which examines which mechanisms lead to the greatest degree of satisfying justice-based preferences over the course iterated social choices. Agents (...) are ascribed two kinds of motivations: they wish to realize justice and to receive a greater package of goods. Each agent seeks to realize her ideal distribution, and the failure to do so leaves agents “disappointed,” resulting in their trading off the pursuit of gains in justice in favor of gains in self-interest. Mechanisms are assessed using the metric of how many agents remain interested in justice over the course of iterated adjudication. The mechanisms are also examined under some non-ideal conditions, such as the presence of power asymmetries or strategic behavior. Several significant results are addressed: social contract formation and simple plurality voting are robust under the conditions considered, bargaining is a highly ineffective means of adjudicating distributive disagreement, and lastly allowing for concessions in justice for gains in self-interest proves to be a crucial mechanism for ensuring the stability of resolutions. (shrink)

A popular tradition holds that the theoretical entities that feature in explanations relative to the African world view are typical of spiritual forces. Following this point of view, a concession among some scholars suggests that the traditional African world view is inconsistent with mainstream scientific theorising and therefore the acceptance of one implies the rejection of the other. My contention is essentially to challenge this tradition, a position I consider unfounded and an instigation of unsolicited tension between the (...) African world view and mainstream science. To make this case, I isolate for review one entrenched postulate of the African world view, witchcraft force. Through the method of concept analysis, I demonstrate how, far from opposing one another, advances in mainstream science rather lead to a better appreciation of the African world view. Because there is no contradiction but diversity, I argue that accepting mainstream science implies no commitment to rejecting the African world view. (shrink)

Social entrepreneurship increasingly involves collective, voluntary organizing efforts where success depends on generating and sustaining members’ participation. To investigate how such participatory social ventures achieve member engagement in pluralistic institutional settings, we conducted a qualitative, inductive study of German Renewable Energy Source Cooperatives. Our findings show how value tensions emerge from differences in RESCoop members’ relative prioritization of community, environmental, and commercial logics, and how cooperative leaders manage these tensions and sustain member participation through temporal, structural, and collaborative compromise (...) strategies. We unpack the mechanisms by which each strategy enables members to justify organizational decisions that violate their personal value priorities and demonstrate their varying implications for organizational growth. Our findings contribute new insights into the challenges of collective social entrepreneurship, the capacity of hybrid organizing strategies to mitigate value concessions, and the importance of logic combinability as a key dimension of pluralistic institutional settings. (shrink)

From the 1991 referendum on independence and the adoption of the Constitution up to date, Macedonian statehood has been going through several political transformations, of which, as key, we single out those of 2001, 2017 and 2018-19. All those turning points relate to the resolution of identity conflicts and disputes, both within the country and with neighbouring states. The purpose of this paper is to prove the hypothesis according to which the replacement of constitutionality as the foundation of the Macedonian (...) state with contractual relations, which are later constitutionalized, leads to statehood erosion. In other words, instead of the Constitution representing a relatively permanent social contract of the citizens in the political community, the three contracts turned it into its opposite. Constitutional changes brought about through coercion and blackmail, that is, from a position of power, through international state building, have gradually created an increasingly weak and unsuccessful state, that is, a provisional state. Such an entity cannot hope to be incorporated into the European Union. More precisely, identity concessions accompanied by the dysfunctional state institutions result in effects contrary to the basic democratic imperatives and the principles contained in the Copenhagen criteria. (shrink)

ABSTRACTIt is contended that British Idealists, New Liberals and Liberal Imperialists were all in favour of imperialism, especially when it took the form of white settler communities. The concession of relative autonomy was an acknowledgement of the potential of white settler communities to go the way of America by severing their relationship with the Empire completely. Where significant differences emerge in their thinking is in relation to non-white territories in the Empire where native peoples comprised the majority, and (...) the British Government and its agents administered in trust ‘lower’ peoples on the scale of civilisation with the ostensible goal of guiding them towards self-determination in the Empire. The differences in degree of commitment to these ideals were largely expressed in terms of the pejorative categories of ‘sane’ and ‘insane’ imperialism, which were flexible and manipulated for political gain, rather than analytic precision. Liberal Imperialists and New Liberals were opposed to each other in terms of the degree to which they supported imperialism, whereas British Idealists aligned themselves on both sides of the divide. (shrink)

Most advocates of biogenetic modification hope to amplify existing human traits in humans in order to increase the value of such traits as intelligence and resistance to disease. These advocates defend such enhancements as beneficial for the affected parties. By contrast, some commentators recommend certain biogenetic modifications to serve social goals. As Ingmar Persson and Julian Savulescu see things, human moral psychology is deficient relative to the most important risks facing humanity as a whole, including the prospect of Ultimate (...) Harm, the point at which worthwhile life is forever impossible on the planet. These risks can be mitigated, they say, by enhancing moral psychology in novel ways. Persson and Savulescu argue that some parents should modify the underlying biogenetics of their children's moral psychology, if such measures were safe and effective, but they admit these interventions may not decouple humanity from Ultimate Harm. Neither are these modifications the only options, they concede, for addressing risks to humanity. Even with these concessions, saving humanity from itself is a fairly poor reason to modify the moral psychology of children. In most ways, adults would be better candidates, morally speaking, for modifications of psychology. Even then, there is no direct link between morally enhanced human beings and the hoped-for effect of better protection from Ultimate Harm. Asserting a general duty of all to contribute to the avoidance of Ultimate Harm is a better moral strategy than intervening in the moral psychology of some, even though meeting that duty may involve substantial interference with the free exercise of one's interests. (shrink)

Increasing numbers of women in Turkey are murdered by their relatives, spouses or significant others. The perpetrators plead provocation for their crimes, claiming their actions are provoked by women’s initial acts which they deem to violate societal norms. Pleading provocation enables more lenient sentences. This article investigates the interplay of the legal rules and societal norms on ‘proper’ female behaviour in femicide, based on data drawn from the Journal of Legal Proceedings, which publishes select rulings of the Court of Cassation (...) – the Highest Court in the Turkish legal system – from 2004 to 2018. This article argues that there is a collision between cultural, societal norms and legal rulings in criminal law, and displays linkages between legal processes and social norms which perpetuate patriarchal structures. Accordingly, the article proposes that legal rulings on femicide reflect societal norms and traditional expectations on women’s roles in Turkish society through employing provocation defence. Consequently, law becomes complicit in femicide through provocation, and provocation could be seen as the legal system’s concession to patriarchy. (shrink)

The encounter between the Christian Churches and Psychology has, for all its evident cultural importance, received little attention from disciplinary historians. During the period between the two world wars in Britain this encounter was particularly visible and, as it turned out, for the most part relatively amicable. Given their ostensive rivalry this is, on the face of it, somewhat surprising. Closer examination, however, reveals a substantial convergence and congruence of interests between them within the prevailing cultural climate, and considerable overlapping (...) of membership. The character of their meeting was, it is argued, determined more by these factors than by fundamental divergences in intellectual and theoretical orientation. Such divergences were diplomatically sidelined, on the religious side, by viewing Psychology as having certain ‘blind spots’ and, on the Psychology side, by invoking the argument that ‘science’ is concerned only with ‘facts’, not ‘values’. Only some hard-line psychoanalysts adopted an explicitly anti-religious stance. Religion’s concessions ultimately proved too high a price, and following this period the Churches began distancing themselves from Psychology. Their current relationship is very different from that which prevailed from 1918 to 1939. A fuller historical picture of the relationship between Psychology and religion awaits consideration of other sites and periods. (shrink)

This thesis mounts an attack against accounts of perceptual justification that attempt to analyze it in terms of evidential justifiers, and has defended the view that perceptual justification should rather be analyzed in terms of non-evidential justification. What matters most to perceptual justification is not a specific sort of evidence, be it experiential evidence or factive evidence, what matters is that the perceptual process from sensory input to belief output is reliable. I argue for this conclusion in the following way. (...) Chapter 1: The Arguments from HallucinationChapter 1 presents a skeptical argument from hallucination that starts from a premise about the alleged introspective indistinguishability of perception and hallucination, and concludes that perceptual knowledge is impossible. Underlying this argument are certain assumptions about the nature of perceptual justification, and different responses to the argument portray different views of perceptual justification. Evidentialism and dogmatism both reject the premise that appearances do not provide evidence sufficient for perceptual knowledge, although they disagree about the precise nature of the appearances. Epistemological disjunctivism rejects the premise that introspectively indistinguishable experiences provide the same evidence, while upholding the idea that some sort of evidence, namely factive evidence, is necessary for perceptual justification and knowledge. Process reliabilism rejects the premise that evidence is necessary for perceptual knowledge on the grounds that even perceptual justification can be obtained without evidence, as long as the cognitive process producing the belief is reliable.Chapter 2: EvidentialismChapter 2 starts by introducing some motivations for experientialist views of perceptual justification, such as evidentialism and dogmatism, which hold that conscious experiences evidentially justify perceptual beliefs. These motivations have to do with their ability to accommodate the New Evil Demon Intuition that demon-deceived subjects have justified perceptual beliefs and the Blindsight Intuition that blindsighters do not have justified perceptual beliefs. However, experientialist views are also faced with a Sellarsian dilemma: either experience is construed as non-propositional, but then the proposed evidential relation is unclear, or experience is construed as propositional, but then it is ad hoc to hold that they can evidentially justify without being justified themselves.Chapter 2 continues with a discussion of evidentialism, which grasps the first horn of this dilemma. I argue that evidentialism cannot adequately explain why a non-propositional experience constitutes evidence for this rather than that belief, and also does not provide any account of how to determine which belief fits an evidence-set which partly consists out of non-propositional experiences. Although a reliabilist version of evidentialism can provide a better account of these matters, it suffers from counter-intuitive predictions about justification and a conception of evidence that is so liberal that it could even include blindsighters and clairvoyants as having such evidence.Chapter 3: DogmatismChapter 3 focuses on variants of dogmatism, a theory of perceptual justification that grasps the second horn of the Sellarsian dilemma by holding that a perceptual experience with the content that p is sufficient for immediate prima facie justification of the belief that p. I first argue that dogmatism should identify perceptual experiences with high-level conscious states to accommodate the problem of novice vs. expert identification and the problem of the speckled hen. I then argue that this version of dogmatism still fails to meet a certain explanatory challenge which I dub the `Distinctiveness Problem'. Dogmatism should explain what is so distinctive about perceptual experience that enables it, in contrast with desire and imagination, to evidentially justify the belief that p without, in contrast with belief, being justified itself.Phenomenalist answers to this problem fail because they either do not provide a distinctive property of perceptual experience, or else provide a property that is reducible to or possibly caused by beliefs. In both cases, dogmatism would have the result that intuitively unjustifying experiences, such as imaginations, nevertheless become capable of justifying beliefs. Moreover, phenomenalists still need some explanation of why phenomenology is epistemically relevant at all.A new variant of the problem of the speckled hen is an intuitive illustration of this point against dogmatists. If a perceptual experience that p is not reliably connected to the fact that p or the belief that p, then beliefs based on this experience simply will not be intuitively justified. One possible response to this problem incorporates reliability into the content of experience in the sense that an experience cannot have the content that p if it is not reliably connected to both the fact that p and the belief that p. However, this will lose the motivation from the New Evil Demon Scenario, and will make large concessions towards reliabilism.Chapter 4: Epistemological DisjunctivismGiven these problems for experientialist views of perceptual justification, chapter 4 focuses on a different evidential account of justification: epistemological disjunctivism. According to the Justified True Belief version of Epistemological Disjunctivism, the fact that I see that p is the factive and reflectively accessible evidence in virtue of which I know that p. I argue that JTBED faces formidable problems: first, it cannot adequately deal with the basis problem, second, it cannot accommodate the New Evil Demon Intuition, third,it faces the problem of hyper-intellectualization, and fourth, it has no good account of reflective access.Knowledge First Epistemological Disjunctivism, in contrast, holds that seeing that p just is a way of knowing that p. The fact that I see that p constitutes my justification for believing that p, even though it is not necessary for my knowledge that p. Although this view solves most of the above problems, I argue that KFED still faces a challenge of its own: its notion of justification is so strong that justification entails knowledge but is not itself entailed by it. This means that it too faces a hyper-intellectualization objection because it cannot accommodate animal justification, and that it too will struggle to accommodate the New Evil Demon Intuition.Nevertheless, there is something to the epistemological disjunctivist idea that higher-order capabilities are important to perceptual justification. Specifically, higher-order capabilities provide one with a way of accommodating the Blindsight Intuition without appealing to the notion of experiential evidence: blindsighters are epistemically worse off than normal human perceivers because they lack higher-order beliefs about how they are gaining their information. If one holds that these higher-order beliefs provide a special sort of justification for perceptual beliefs, then blindsighters lack this type of justification. Chapter 5: Process ReliabilismAfter displaying the problems of several evidential accounts of perceptual justification, chapter 5 introduces a non-evidential account: process reliabilism. The classic version of this view holds that the reliability of a belief-forming process is necessary and sufficient for the prima facie justification of a specific set of beliefs, namely, those that arise out of belief-independent processes. Two classic major problems for this view consist of counterexamples to both the necessity and sufficiency of reliability for justification. Although the Generality Problem raises some difficulties for reliabilism, they do not appear to be insurmountable.The second part of chapter 5 focuses on a variety of process reliabilism, inferentialist reliabilism, that is explicitly aimed at responding to clairvoyance cases. According to inferentialist reliabilism, one should distinguish between basic and non-basic beliefs, where basic beliefs are those that result out of the non-inferential operation of an inferentially opaque cognitive system that developed in a natural way. Reliability is only sufficient for the justification of basic beliefs, while non-basic beliefs also require conditional reliability and justification of the beliefs on which they are based.This distinction between basic and non-basic beliefs is meant to answer the challenge arising out of clairvoyance cases because these are all supposedly cases in which the resulting beliefs arenon-basic. However, I argue that the beliefs in these cases come out as non-basic primarily because of the etiological constraint on cognitive systems, a constraint that is unfortunately undermotivated. It seems that beliefs can be justified even if they are produced by a cognitive system that developed by accident, or by a system that was artificially designed to produce those beliefs. So even though the inferentialist reliabilist might have a point in distinguishing between basic and non-basic beliefs, it is still in need of a different response to clairvoyance cases. Chapter 6: Rejoinders for ReliabilismChapter 6 improves on the inferentialist reliabilist account of justification by presenting a different way of dealing with the clairvoyance cases and New Evil Demon Scenario. I start from the empirically plausible idea that we know that we are perceiving when we are perceiving, not because of the use of experiential evidence, but rather, because of an unconscious source-monitoring mechanism. I then argue that the existence of such a source-monitoring mechanism could be used to explain why clairvoyance cases actually have to do with defeat rather than absence of prima facie justification: beliefs that pop up in our head should be recognized as stemming from untrustworthy sources, and so we acquire defeating higher-order beliefs about the first-order beliefs. I also argue that this defeat should be able to occur even if the higher-order beliefs are themselves unjustified. This defeater-account of clairvoyance is preferable to several externalist alternatives. Making reliability relative to a specific world seems rather ad hoc, and further requirements on justification, such as evidence-based belief, cognitively integrated belief, or properly produced belief, all appear unnecessary and are susceptible to adapted versions of the clairvoyance case.I further argue for an alternative inferentialist reliablist response to the New Evil Demon Intuition which treats it as mistaken rather than correct. The New Evil Demon Intuition might arise because of a mistaken view of actual perceptual justification as having to do with experiential evidence. This mistaken view could be explained by the fact that experience is actually reliably connected to belief and is often cited in response to a knowledge-challenge. If this is a correct analysis of the New Evil Demon Intuition, then there is an element of question-begging involved when this scenario is still pressed against inferentialist reliabilists who do not adhere to the experientialist assumption it presupposes.With the inferentialist reliabilist account in hand,we are able to see that many of the premises of the epistemological argument from hallucination are problematic. Evidence does not appear to be required for perceptual knowledge, as perceptual justification does not even require such evidence. Moreover, if we accept a reliabilist model of introspection, then we are often able to know on the basis of introspection that we are perceiving rather than hallucinating. Once one gets clear about the alternatives, it becomes apparent that the argument thrives on internalist assumptions about justification and knowledge that one need not accept. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:"A Unity of Order":Aquinas on the End of PoliticsWilliam McCormick S.J.Nonspecialists are often surprised to learn that Aquinas's thought on Church and state is a matter of obscurity. After all, Aquinas is the most famous medieval thinker in the West, and the question of Church and state is one of the best-known medieval political questions. And yet his thought on that polemical topic remains obscure. As John Watt puts (...) it: "There are too many ambiguities in his doctrine and too many unanswerable questions about what he did or did not hold."1Why is his view not better understood? Part of its obscurity is the relative infrequency with which he writes on politics.2 Another is the relative lack of interest in medieval political thought among political scientists and historians of political thought, an obscurity dating back to the Renaissance.3 Those who do study Aquinas's thought, moreover, have been mired in a controversy over two key texts: one from book II of his Scriptum or commentary on Peter Lombard's Sentences (d. 44, q. 2, a. 3, exp. text.), and the other in book II of De regno (On kingship), chapter 3 (no. 110). For brevity, I will use S for the Scriptum passage and R for the De regno passage.4 These two [End Page 1019] appear to contradict each other, and with respect to fundamental political questions. The debate over these two texts points to what most contributes to the obscurity of Aquinas's teaching on Church and state: confusion about his vision of politics in human life. As I will show in this paper, Aquinas transcends modern categories of the "secular" and "belief" in his treatment of politics. Aquinas valorizes the integrity of political activity: that autonomy is not just a concession to the modern condition. It is in fact when Aquinas is most theological that he is most open to that integrity. The integrity of the political speaks to the intrinsic goodness of that order: it mirrors God's unity in its complex and ordered diversity.In this paper I examine R and S to show their concordance. I argue that they are complementary in what they prescribe for relations between Church and state, and indeed grounded in the same account of the origins of political authority. Through this investigation we will uncover key principles of Aquinas's political thinking that show him to have a capacious vision of politics where humans achieve the actualization of their full beings as human.A key notion will be unitas ordinis, or unity of order: the form of human cooperation in political life. As we will see, that form strikes a middle path between the simple unity of the individual person and the orderless collectivity of a crowd. For Aquinas, that order is itself a common good of politics, and an intrinsic one at that, before any "extrinsic" common good achieved by the people through that order. Part of why this seemingly secular consideration is good is its theological importance: it mirrors God.Further, if Aquinas does not elaborate on political arrangements as much as one would like, nevertheless he offers sure guidance for the principles which ought to guide the prudent development of those arrangements in a particular time and place. Ultimately Aquinas shows that medieval political thought is in key respects not as alien and hostile to us as we might imagine, but in its own way equally concerned about the integrity of the political life.5The Teaching of SAquinas's teaching on Church and state in S is widely accepted as his mature "two powers" teaching. Aquinas's most famous work, the Summa theologiae [ST], would eventually replace Lombard's Sentences, but in Thomas's own thirteenth century it was that compendium of quotations and arguments [End Page 1020] from Christian sources compiled by the twelfth-century theologian-bishop Lombard that was the standard theology textbook in the Latin West—the Ur-text for theological teaching and scholarship.6The Sentences is perhaps the most important Western book no one has heard of. It was so influential not only because it collected a rich trove of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 10.3 (2003) 261-264 [Access article in PDF] Contingency, Arbitrariness, and Failure Michael Loughlin PICKERING AIMS TO affect the form of the debate about the reality of mental illness. He notices that many influential arguments both for and against the existence of mental illnesses are in an important sense circular. It is observed that a given condition is relevantly similar to conditions we all agree are (...) genuine illnesses and on the basis of this observation it is concluded that it too can be classified as a type of illness—from which it can be inferred that mental illnesses do indeed exist. But Pickering contends that the initial observation can only be made if we already construe the condition in question as a type of illness. Otherwise we may interpret the data differently.So unless we help ourselves to the categorization whose legitimacy it is supposed to establish, the likeness argument cannot get going. He illustrates his point effectively. Most of his examples are taken from authors defending the existence of mental illness and it would have been interesting to see a more detailed account of the argument working in the other direction. Even so, his references to Szasz (Pickering 2003) are sufficient to convince readers familiar with Szasz's work that a version of the likeness argument (the paradigm approach) is as much at work in his refutation of the existence of mental illnesses as is it in Boorse's proof of their reality.This is an incisive analysis, which should be taken very seriously indeed by contributors to the debate. Its most immediate implication is a negative one. We should not rely upon any version of the likeness argument to establish the existence (or nonexistence) of mental illnesses: "the likeness argument must fail" (Pickering 2003, p. 253). One important question left unanswered by the paper concerns what form the debate should take, if its criticisms are accepted. Assuming we agree that the likeness argument is methodologically flawed, what should the methodology be for debating the substantive issues at stake? Put another way, how can we break the circle? How is it possible to construct arguments that do not presuppose their main conclusions, and so to make real intellectual progress in addressing this issue? Is this in fact possible? What would a valid argument in this area look like, and what sort of observational premises (if any) would be acceptable as evidence?On the most skeptical reading of his thesis, Pickering's arguments render the ideal of intellectual progress toward a resolution of this debate strictly unattainable. The circle cannot be broken, because the theory dependence of our categorizations makes the truth about the reality of mental illness either unknowable or irredeemably relative to one's intellectual starting point. Having argued that the likeness argument fails in the case of alcoholism, Pickering states one possible response to this failure on the part of psychiatry as the concession that the classification [End Page 261] of alcoholism as an illness is "very much a matter of opinion (2003, p. 250). Because he then argues that the argument fails for logically analogous reasons in the case of schizophrenia, we may feel invited to draw the same conclusion about that condition. He later admits there is "some truth in the charge" that "the rejection of the likeness argument seems to introduce an unacceptable element of contingency into the way important questions about the categorization of schizophrenia and alcoholism are answered" (p. 253). His response to this is that it is not his arguments that lead to this element of contingency, and he reiterates that the likeness argument cannot get beyond such contingencies (p. 253).Certainly he seems committed to the view that no observational premises can "decide, or help decide, the issue" because the "detectable and observable features" of a purported mental illness "do not determine what description should be given of them" (p. 250). Even the fact that a particular description seems intuitively irresistible or "natural" cannot decide this. His argument on this point concerns the fact that what appears natural or intuitively obvious to us is... (shrink)