Why should one person obey another? Why (to ask the question from the first-person perspective) ought I to submit to another and follow her judgment rather than my own? In modern political thought, which denies that some are born rulers and others are born to be ruled, the most prominent answer has been: “Because I have consented to her authority.” By making authority conditional on the subjects’ consent, political philosophers have sought to reconcile authority’s hierarchical structure with the equal moral (...) standing of governor and governed. Yet such consent accounts of authority have long been deemed problematic on a number of grounds, not the least of which is that few citizens have given their consent to the state under whose laws they live. So unless we are willing to deny the state’s authority over those who have not consented, or revert to the pre-modern assumption of a natural political hierarchy, we must find another way of reconciling authority with our standing as free and equal moral agents. In recent political and legal philosophy, the most influential solution to this problem has been Joseph Raz’s service conception of authority, according to which legitimate authority, while it does not require the consent of the governed, must exist for their sake, or serve them. The normal way to justify someone’s authority, on the service conception, is to show that, by treating her directives as binding, the subjects are likely better to conform to reasons that apply to them anyway. The service conception has, however, recently been criticized (by, among others, Thomas Christiano, Scott Hershovitz, and Jeremy Waldron) for being insufficiently attuned to the significance that procedural, and in particular democratic, features of political and legal institutions have for the justification of their authority. If these ‘democratic critics’ are right, then two commitments that many in the liberal-democratic tradition may find independently attractive turn out to be in tension: the liberal idea that authority is normally legitimate only insofar as it serves its subjects, and the democratic idea that legitimate authority can (and regularly does) rest on fair procedures. In this article I argue that the critics’ arguments rest on a misunderstanding of the service conception; yet their worries point the way to an under-appreciated and interesting view of democracy as an authoritative arbitration procedure. After introducing the service conception’s view of justified authority, I briefly distinguish a broad and a narrow interpretation of it, and suggest that we should embrace the latter to make sense of the idea that political authority serves its subjects (Section I). Next I turn to the objection raised by the democratic critics: the service conception, they say, cannot make room for the intrinsic fairness of democratic procedures because it is preoccupied with the quality of outcomes (Section II). But, I argue, the objection rests on an illicit identification of two different kinds of outcomes: the outcome of the decision-making procedure on the one hand, the outcome or result of treating that first outcome as authoritative on the other. Distinguishing between these is crucial for an adequate understanding of democracy’s authority. While the service conception is indeed organized around the latter, this does not commit it to an exclusive concern with the former; yet it is a singular commitment to the former that is problematic from a democratic point of view (Section III). To bring home this point, I sketch a model of authority as arbitration that is frequently overlooked in recent discussions of authority even though it is centrally concerned with procedural (and ultimately democratic) values and fits squarely into the service conception of authority (Section IV). (shrink)

In Knowledge in a Social World, Alvin Goldman presents a framework to quantify the epistemic effects that various policies, procedures, and behaviors can have on a group of agents. In this essay, I show that the framework requires some modifications when applied to agents with credences. The required modifications carry with them an interesting consequence, namely, that any group whose members disagree can become more accurate by forming a consensus through averaging their credences. I sketch a way that this result (...) can be used to show that individual norms of rationality and group norms of rationality can dictate conflicting behaviors for the members of some groups. I conclude by discussing how some of the assumptions used to generate the consensus result might be loosened.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.WE OUGHT TO AGREE: A CONSEQUENCE OF REPAIRING GOLDMAN'S GROUP SCORING RULEVolume 9, Issue 2Matthew KopecDOI: https://doi.org/10.1017/epi.2012.3Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. WE OUGHT TO AGREE: A CONSEQUENCE OF REPAIRING GOLDMAN'S GROUP SCORING RULEVolume 9, Issue 2Matthew KopecDOI: https://doi.org/10.1017/epi.2012.3Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. WE OUGHT TO AGREE: A CONSEQUENCE OF REPAIRING GOLDMAN'S GROUP SCORING RULEVolume 9, Issue 2Matthew KopecDOI: https://doi.org/10.1017/epi.2012.3Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

More than 95 per cent of criminal convictions in the USA never go to trial, as the vast majority of defendants forfeit their constitutional rights to due process in the pervasive practice of plea bargaining. This article analyses the relationship between American mass incarceration and this mass forfeiture of procedural justice by situating the practice of plea bargaining in the normative framework drawn by recent Supreme Court rulings and the proliferation of criminal statutes, including mandatory minimum sentencing legislation. Looking (...) at systemic racial disparities in sentence severity and incarceration rates for otherwise similarly situated defendants, I argue that, rather than a voluntary waiver of constitutional rights, this mass forfeiture of due process rights ought to be conceptualized as the product of an entrenched system of procedural entrapment. Such entrapment, I argue, ought to be abolished not only on grounds of procedural injustice, but because the practice refashions rather than redresses forms of racial domination derived from prior eras. The article concludes by exploring the tactic of mass conscientious plea refusal through the collectively organized assertion of constitutional due process rights as a strategy of resisting mass incarceration. (shrink)

In this paper I argue that the debate between subjective and objective theories of prudential value obscures the way in which elements of both are needed for a comprehensive theory of prudential value. I suggest that we characterize these two types of theory in terms of their different aims: procedural (or subjective) theories give an account of the necessary conditions for something to count as good for a person, while substantive (or objective) theories give an account of what is (...) good for a person, given some set of necessary conditions. Characterizing the theories in this way allows us to see their mutual compatibility. To make this case, I assume that a theory of prudential value ought to be descriptively and normatively adequate. The criterion of descriptive adequacy requires that our theory explain the subject relativity of prudential value. I characterize subject relativity in terms of justifiability to subjects and I argue that certain procedural theories are well suited to meet this criterion. The criterion of normative adequacy requires that our theory be capable of guiding action and I argue that a certain kind of substantive theory is needed to meet this requirement. (shrink)

In this paper I briefly set out Susan Moller Okin’s liberal feminist position and then rehearse a number of criticisms of Okin which together suggest that dismantling the gender system and adopting the principle of androgyny would not be compatible with liberalism. This incompatibility appears to vindicate an extreme feminist critique of liberalism. I argue that nevertheless a liberal feminism is possible. The liberal feminist ought to adopt the principle of parity, that is, guaranteed equal representation of both sexes in (...) parliament, rather than the requirement of androgyny. Parity follows from a conception of procedural justice, for it provides a mechanism which guarantees that the interests of both sexes are fairly represented in the legislature. Parity may also go some way to alleviating the tensions which exist between feminism and multiculturalism. (shrink)

The presumption of innocence (POI) requires all judges, juries, and other officials in a trial, to presume and treat any accused of criminal wrongdoing as innocent, until he or she is proven guilty. Although a POI lacks an authoritative definition, this overarching principle of procedural fairness is so robust and vital for the exercise of legal power in matters of criminal law that one rarely finds anyone questioning its standing. In this article I examine the rationale behind the POI (...) from a different perspective. The basic assumption is that this procedural standard captures the tenor of a broader principle which seeks to ensure fairness in criminal proceedings as well as in criminal law doctrine. I argue that honouring a principle of fairness is not exclusively a matter of criminal procedural law but also something that is deeply rooted in other areas of criminal law doctrine. Hence: not maintaining a principle of fairness in criminal law doctrine could lead to the POI being compromised or even undermined. In the article, I draw attention to three areas in which I believe that criminal law policies threaten a principle of fairness: criminalising remote harm, doctrine of ignorance of law and inversed presumptions of guilt. My conclusion is that some solutions to so called doctrinal problems in criminal law, are questionable and their practical consequences (on a general level) are, at least partially, equal to treating an individual (in a trial) as guilty for something for which he or she ought not to be accountable. Hence: gaining the support of a POI could thus work as principle for keeping the use of criminal law moderate and in accordance with a principle of fairness. (shrink)

This essay begins with a current case involving racial profiling and DNA testing. The two combine to raise some troubling issues involving the use of each in police investigation. It is argued that racial profiling is unethical and ought to be avoided and that DNA testing on general populations of innocent people is fraught with dangers.

This essay begins with a current case involving racial profiling and DNA testing. The two combine to raise some troubling issues involving the use of each in police investigation. It is argued that racial profiling is unethical and ought to be avoided and that DNA testing on general populations of innocent people is fraught with dangers.

In the intellectual confusion prevailing since the demise of Marxism and “marxism”, the attempt is made to define democracy as a matter of pure procedure, explicitly avoiding and condemning any reference to substantive objectives. It can easily be shown, however, that the idea of a purely procedural “democracy” is incoherent and self-contradictory. No legal system whatsoever and no government can exist in the absence of substantive conditions which cannot be left to chance or to the workings of the “market” (...) but must be posited as objectives of political activity. The confusion results from a deficient understanding of what makes a society and an empty idea of “freedom”. The objective of politics is not happiness, an affair to be left to the individuals, but it certainly is liberty understood as participation in the governance of the polity; it is also the pursuit of the common good, defined as the sum of the prerequisites and facilitations of individual autonomy depending on collective action, and as the realization of commonly agreed collective goals. (shrink)

Our moral judgments are fallible, and we’re often uncertain what morality requires. I argue that, in the face of these challenges, it’s not only rational to use effective procedures for trying to be moral – we have a moral responsibility to do so, and being reckless when navigating moral uncertainty, is, itself, a form of moral wrongdoing. These strategic requirements present a large class of under-explored norms of morality. I use these norms to address moral and social questions concerning, for (...) example, interpersonal toleration, exceptions to moral rules in high-stakes cases, and principal-agent relationships (such as those between lawyers and clients). -/- (email for full text). (shrink)

Opponents of voluntary euthanasia and physician-assisted suicide often maintain that the procedures ought not to be accepted because ending an innocent human life would both be morally wrong in itself and have unfortunate consequences. A gravely suffering patient can grant that ending his life would involve such harm but still insist that he would have reason to continue living only if there were something to him in his abstaining from ending his life. Though relatively rarely, the notion of meaning of (...) life has figured in recent medical ethical debate on voluntary euthanasia and physician-assisted suicide. And in current philosophical discussion on meaning of life outside the medical ethical debate on voluntary euthanasia and physician-assisted suicide several authors have argued that being moral and having a meaningful existence are connected to each other. In this article, I assess whether his intentionally refraining from causing the harm related to voluntary euthanasia and physician-assisted suicide would involve something to such a patient in the sense that it would promote the meaningfulness of his life. (shrink)

For a given decision, when an undemocratic procedure would result in a good outcome, and a democratic procedure would result in a bad outcome, which decision procedure ought we to use? Epistemic democrats, such as Joseph Schumpeter, argue that all else being equal, we should prefer the procedure with the good outcome. Schumpeter’s argument for this position is that we must reject the view that only democratic procedures matter when evaluating government institutions (pure proceduralism), and the only alternative to pure (...) proceduralism that can coherently describe the relationship between democracy and the public interest is pure instrumentalism. I argue that Schumpeter’s argument for epistemic democracy does not succeed. In this paper, I outline three alternative ways of conceiving of the relationship between democracy and the public interest, which I call evaluative dualism, impure instrumentalism, and impure proceduralism. I explain how, with any of these three alternative views, we can evaluate government institutions without rejecting the intrinsic value of democratic procedures or the public interest. (shrink)

People often think there are moral duties that hold irrespective of the consequences, until those consequences exceed some threshold level – that we shouldn’t kill innocent people in order to produce the best consequences, for example, except when those consequences involve saving millions of lives. This view is known as “threshold deontology.” While clearly controversial, threshold deontology has significant appeal. But it has proven quite difficult to provide a non-ad hoc justification for it. This chapter develops a new justification, showing (...) that acting like a threshold deontologist is a good strategy for being moral, given our uncertainty and imperfect moral knowledge. And failing to use good strategies for being moral is, itself, morally bad. (shrink)

Background Pragmatic randomized controlled trials are designed to evaluate the effectiveness of interventions in real-world clinical conditions. However, these studies raise ethical issues for researchers and regulators. Our objective is to identify a list of key ethical issues in pragmatic RCTs and highlight gaps in the ethics literature. Methods We conducted a scoping review of articles addressing ethical aspects of pragmatic RCTs. After applying the search strategy and eligibility criteria, 36 articles were included and reviewed using content analysis. Results Our (...) review identified four major themes: 1) the research-practice distinction; 2) the need for consent; 3) elements that must be disclosed in the consent process; and 4) appropriate oversight by research ethics committees. 1) Most authors reject the need for a research-practice distinction in pragmatic RCTs. They argue that the distinction rests on the presumptions that research participation offers patients less benefit and greater risk than clinical practice, but neither is true in the case of pragmatic RCTs. 2) Most authors further conclude that pragmatic RCTs may proceed without informed consent or with simplified consent procedures when risks are low and consent is infeasible. 3) Authors who endorse the need for consent assert that information need only be disclosed when research participation poses incremental risks compared to clinical practice. Authors disagree as to whether randomization must be disclosed. 4) Finally, all authors view regulatory oversight as burdensome and a practical impediment to the conduct of pragmatic RCTs, and argue that oversight procedures ought to be streamlined when risks to participants are low. Conclusion The current ethical discussion is framed by the assumption that the function of research oversight is to protect participants from risk. As pragmatic RCTs commonly involve usual care interventions, the risks may be minimal. This leads many to reject the research-practice distinction and question the need for informed consent. But the function of oversight should be understood broadly as protecting the liberty and welfare interest of participants and promoting public trust in research. This understanding, we suggest, will focus discussion on questions about appropriate ethical review for pragmatic RCTs. (shrink)

Pragmatic randomized controlled trials are designed to evaluate the effectiveness of interventions in real-world clinical conditions. However, these studies raise ethical issues for researchers and regulators. Our objective is to identify a list of key ethical issues in pragmatic RCTs and highlight gaps in the ethics literature. We conducted a scoping review of articles addressing ethical aspects of pragmatic RCTs. After applying the search strategy and eligibility criteria, 36 articles were included and reviewed using content analysis. Our review identified four (...) major themes: 1) the research-practice distinction; 2) the need for consent; 3) elements that must be disclosed in the consent process; and 4) appropriate oversight by research ethics committees. 1) Most authors reject the need for a research-practice distinction in pragmatic RCTs. They argue that the distinction rests on the presumptions that research participation offers patients less benefit and greater risk than clinical practice, but neither is true in the case of pragmatic RCTs. 2) Most authors further conclude that pragmatic RCTs may proceed without informed consent or with simplified consent procedures when risks are low and consent is infeasible. 3) Authors who endorse the need for consent assert that information need only be disclosed when research participation poses incremental risks compared to clinical practice. Authors disagree as to whether randomization must be disclosed. 4) Finally, all authors view regulatory oversight as burdensome and a practical impediment to the conduct of pragmatic RCTs, and argue that oversight procedures ought to be streamlined when risks to participants are low. The current ethical discussion is framed by the assumption that the function of research oversight is to protect participants from risk. As pragmatic RCTs commonly involve usual care interventions, the risks may be minimal. This leads many to reject the research-practice distinction and question the need for informed consent. But the function of oversight should be understood broadly as protecting the liberty and welfare interest of participants and promoting public trust in research. This understanding, we suggest, will focus discussion on questions about appropriate ethical review for pragmatic RCTs. (shrink)

Some authors have called for increased research on various forms of geoengineering as a means to address global climate change. This paper focuses on the question of whether a particular form of geoengineering, namely deploying sulfate aerosols in the stratosphere to counteract some of the effects of increased greenhouse gas concentrations, would be a just response to climate change. In particular, we examine problems sulfate aerosol geoengineering (SAG) faces in meeting the requirements of distributive, intergenerational, and procedural justice. We (...) argue that SAG faces obstacles to meeting the requirements of all three considered kinds of justice, because its impacts can harm some persons and communities much more than others; it poses serious risks to future generations; and SAG is especially prone to unilateral implementation. While we do not claim that SAG ought not to be implemented, we argue that it is the responsibility of proponents of SAG to recognize and address these ethical obstacles before advocating its implementation. (shrink)

On a standard interpretation, the aim of the formula of universal law is to provide a decision procedure for determining the deontic status of actions. By contrast, this chapter argues for the practical significance of the CI centering on Kant’s account of the dynamics of incentives. This approach avoids some widespread misconceptions about how the CI operates and false expectations about what it promises and delivers. In particular, it explains how it differs from deductive practical inferences. The CI is the (...) supreme form of morality, and yet not in the sense that particular categorical principles can be derived deductively from it, once the relevant details are supplied. The efficacy of practical reasoning primarily concerns agents, and consists in their reorientation toward the right end. Moral knowledge is knowledge about what we ought to do, but it is also a distinctive variety of self-knowledge, that is, knowledge of ourselves as rationally efficacious agents. (shrink)

How ought we learn causal relationships? While Popper advocated a hypothetico-deductive logic of causal discovery, inductive accounts are currently in vogue. Many inductive approaches depend on the causal Markov condition as a fundamental assumption. This condition, I maintain, is not universally valid, though it is justifiable as a default assumption. In which case the results of the inductive causal learning procedure must be tested before they can be accepted. This yields a synthesis of the hypothetico-deductive and inductive accounts, which forms (...) the focus of this paper. I discuss the justification of this synthesis and draw an analogy between objective Bayesianism and the account of causal learning presented here. (shrink)

The procedure I will follow in this paper requires a brief initial note of explanation. Collingwood’s texts are opaque at two points. First, he does not make clear what precisely he meant by the claim that metaphysics is a historical discipline. The prevailing interpretation—which I dispute—has been that he had in mind a similarity or identity of certain methods of inquiry or explanation. Second, and more seriously, he does not make clear the relationship of his two main treatises on metaphysics. (...) They were written and published only seven years apart and one feels there ought to be some connection, if only that of explicit rejection, between them. Their connection is problematic; for they appear, on the surface, very different. Rather like the relationship of Plato’s Laws to his Republic. But Collingwood himself is almost completely noncommittal on how they stand, each to the other. He apparently saw in them some sort of continuity. But beyond this we have no sense of what he took their relationship to be. (shrink)

The procedure I will follow in this paper requires a brief initial note of explanation. Collingwood’s texts are opaque at two points. First, he does not make clear what precisely he meant by the claim that metaphysics is a historical discipline. The prevailing interpretation—which I dispute—has been that he had in mind a similarity or identity of certain methods of inquiry or explanation. Second, and more seriously, he does not make clear the relationship of his two main treatises on metaphysics. (...) They were written and published only seven years apart and one feels there ought to be some connection, if only that of explicit rejection, between them. Their connection is problematic; for they appear, on the surface, very different. Rather like the relationship of Plato’s Laws to his Republic. But Collingwood himself is almost completely noncommittal on how they stand, each to the other. He apparently saw in them some sort of continuity. But beyond this we have no sense of what he took their relationship to be. (shrink)

How ought we learn causal relationships? While Popper advocated a hypothetico-deductive logic of causal discovery, inductive accounts are currently in vogue. Many inductive approaches depend on the causal Markov condition as a fundamental assumption. This condition, I maintain, is not universally valid, though it is justifiable as a default assumption. In which case the results of the inductive causal learning procedure must be tested before they can be accepted. This yields a synthesis of the hypothetico-deductive and inductive accounts, which forms (...) the focus of this paper. I discuss the justification of this synthesis and draw an analogy between objective Bayesianism and the account of causal learning presented here. (shrink)

Procedural approaches to political legitimacy have become increasingly popular amongst liberals. According to such an approach, the legitimacy of a state decision is primarily derived from the processes followed in order to make that decision and not from the quality of the decision itself. The processes that liberals have in mind are typically those found within a system of democratic institutions. These electoral and legislative procedures are supposed to allow the state’s constitutive members to reach legitimately binding agreements on (...) how the state should exercise its power. In response to this trend in liberalism, this dissertation has two goals. The first is to argue that formal results in the social decision sciences seriously question the viability of these procedural approaches. The second goal, however, is to argue that these results do not necessitate complete abandonment of procedural approaches but require liberals to more carefully specify the sorts of agreements that legitimacy requires and what procedures may reliably produce such agreements. I ultimately agree that procedures are important for liberalism but they require more careful understanding and defense. In order to carry this project out, this dissertation is divided into five chapters. In the first two chapters, I outline a fairly standard account of liberalism while arguing that it contains a serious tension that liberal democratic institutions are supposed to resolve. The second chapter in particular seeks to explain the various ways in which the procedural aspects of democracy are particularly appealing in this respect. In the third chapter, I then present Arrow’s famous impossibility result along with other formal result from social choice theory suggesting that in certain situations there simply is no correct procedure for legitimate outcomes that the liberal state may employ. The fourth chapter responds to this concern by maintaining that there exists a symmetry between how an individual person and the liberal state make decisions, and that insights into individual decision making sheds light on how it may be done by a group of people in a liberal democracy. Finally, in the fifth chapter, I move in this direction by presenting an account of the sort of agreements between individuals that legitimacy ought to be grounded upon. Ultimately, procedures like voting remain an important aspect of liberal democracy for authorizing state action, though not necessarily for the reasons that many liberal democrats endorse. (shrink)

Procedures for the selection of subjects for participation in randomized clinical trials--usually formalized as eligibility criteria in the study protocol--have both scientific and ethical implications. In this thesis, I undertake an examination of eligibility criteria at three stages in the genesis and dissemination of medical knowledge: clinical trial protocol, interpretation by investigators, and reporting of study results.In the first chapter, ethical issues in subject selection are reviewed and the main study questions are presented. In the second chapter, the results of (...) an examination of eligibility criteria in two sets of clinical trials, one sponsored by the NSABP, the other sponsored by POG, covering a twenty-year time span are presented. The POG trials had far fewer eligibility criteria than the NSABP studies, suggesting that large numbers of criteria may not be necessary for high quality research. In the third chapter, the impact of subjective eligibility criteria on enrollment and investigator uncertainty is explored. Subjective criteria were associated with more variable enrollment decisions and greater uncertainty. Such criteria represent a threat to the validity, conduct and interpretation of trials and, therefore, should only be included when carefully justified. The fourth chapter examines the accuracy of the reporting of eligibility criteria in sets of corresponding study protocol, methods paper, journal article, and Clinical Alert. Important information is lost at each step in the dissemination of study results. Unnecessary criteria ought to be dropped at a trial's inception; all other criteria must be reported faithfully. The fifth chapter attempts to provide a comprehensive philosophical account of just selection procedures for clinical research using the political philosophy of Michael Walzer. The sixth, and last, chapter, discusses explanatory and pragmatic approaches to clinical trial design, overlapping scientific and ethical concerns related to eligibility criteria, and questions for further study. (shrink)

Disconnecting a patient from artificial life support, on their request, is often if not always a matter of letting them die, not killing them—and sometimes, permissibly doing so. Stopping a patient’s heart on request, by contrast, is a kind of killing, and rarely if ever a permissible one. The difference seems to be that procedures of the first kind remove an unwanted external support for bodily functioning, rather than intervening in the body itself. What should we say, however, about cases (...) at the boundary—procedures involving items that seem bodily in some respects, but not others? When, for instance, does deactivating an implanted device like a pacemaker count as killing, and when as letting die? Contra existing proposals, I argue that the boundaries of the body for this purpose are not drawn at the boundaries of the self, or (if this is different) the human organism. Nor should we determine when we are killing and when we are letting die by deferring to existing practices for distinguishing ongoing from completed treatment. Rather, I argue that whether something (organic or inorganic) counts as body part for purposes of this distinction depends on the results of a normative analysis of the particular character of our rights in it—particularly, whether and in what way these rights ought to be alienable. I conclude by arguing that there are likely good reasons to recognize distinctively “bodily” rights and restrictions in at least some implantable devices. (shrink)

Decisions regarding clinical procedures or research participation typically require the informed consent of individuals. When individuals are unable to give consent, the informed permission of a legally authorized representative or surrogate is required. Although many proposed procedures are aimed primarily at benefiting the individual, some are not. I argue that, particularly when individuals are asked to assume risks primarily or exclusively for the benefit of others, family members ought to be engaged in the informed consent process. Examples of procedures in (...) which individuals are asked to assume risks primarily or exclusively for the benefit of others include living organ donation and research participation. (shrink)

This chapter explores the foundation and content of the duty to respect persons. The authors argue that it is best understood as a duty to recognize people’s rights. Respect for persons therefore has specific implications for how competent and non-competent persons ought to be treated in research. For competent persons it underlies the obligation to obtain consent to many research procedures. The chapter gives an analysis of the requirements for obtaining valid consent. It then considers respect for persons as it (...) relates to four common topics: the therapeutic misconception, research with children and adolescents, the use of deception in research, and research on competent adults without their consent. (shrink)

Contemporary societies are riddled with moral disputes caused by conflicts between value claims competing for the regulation of matters of public concern. This familiar state of affairs is relevant for one of the most important debates within liberal political thought: should institutions seek to realize justice or peace? Justice-driven philosophers characterize the normative conditions for the resolution of value conflicts through the establishment of a moral consensus on an order of priority between competing value claims. Peace-driven philosophers have concentrated, perhaps (...) more modestly, on the characterization of the ways in which competing value claims should be balanced, with a view to establishing a _modus vivendi _aimed at containing the conflict. _Interactive Justice _addresses an important question related to this debate: on what terms should the parties interact _during_ their conflict for their interaction to be morally acceptable to them? Although largely unexplored by political philosophers, this is a main area of concern in conflict management. Building on a proceduralist interpretation of "relational" concerns of justice, the author develops a liberal normative theory of interactive justice for the management of value conflict in politics grounded in the fundamental values of fair hearing and procedural equality. This book innovatively builds a bridge between works in political philosophy and peace studies to propose a fresh lens through which to view the normative responses liberal institutions ought to give to value conflict in politics, and moves beyond the apparent dichotomy between pursuing end-state justice through conflict resolution or peace through conflict containment. (shrink)

Movements for environmental justice ought to engage the powerful mechanisms of change deployed in a Transitional Justice context. There is reason for restraint, however, in calling upon radically disruptive procedures to immediately amend the basic structure of society. I propose a modest expansion of the purview of Transitional Justice to recognize a class of environmental harms severe enough to trigger transitional measures. This class of harms is ecocide as social death, which I define as deliberate, state-sponsored environmental destruction resulting in (...) the annihilation of ways of life intimately connected to the natural world. The article then considers potential criticisms of this framework: its foundation in liberal political theory, its anthropocentrism, and its exclusion of global environmental harms. Despite being anthropocentric, the model offers a means of politically and legally representing the value of the natural world beyond its role as a stock of resources for human consumption. I defend an expressly liberal approach to Transitional Justice that emphasizes the core of the liberal social contract—respect for diversity. (shrink)

The argument of this article is that the dual-nature thesis is not only capable of solving the problem of legal positivism, but also addresses all fundamental questions of law. Examples are the relation between deliberative democracy and democracy qua decision-making procedure along the lines of the majority principle, the connection between human rights as moral rights and constitutional rights as positive rights, the relation between constitutional review qua ideal representation of the people and parliamentary legislation, the commitment of legal argumentation (...) to both authoritative and non-authoritative reasons, and the distinction between rules as expressing a real “ought” and principles as expressing its ideal counterpart. All of this underscores the point that the dual nature of law is the single most essential feature of law. (shrink)

Normative moral theories are frequently invoked to serve one of two distinct purposes: (1) explicate a criterion of rightness, or (2) provide an ethical decision-making procedure. Although a criterion of rightness provides a valuable theoretical ideal, proposed criteria rarely can be (nor are they intended to be) directly translated into a feasible decision-making procedure. This paper applies the computational framework of bounded rationality to moral decision-making to ask: how ought a bounded human agent make ethical decisions? We suggest agents ought (...) to follow moral maxims: principles that approximate rightness in many situations, but that can be overridden in specific, precisely describable circumstances. While this intuitive idea has been proposed many times before, we provide a precise model of how maxim consequentialism functions as an approximation to an act-consequentialist criterion of rightness, while maintaining the flexibility and defeasibility that has eluded most forms of rule consequentialism. Furthermore, while our overarching aim is to propose a new normative standard of moral decision-making, we demonstrate how maxim consequentialism can also function as a descriptive account of human behavior. We conclude by noting that different criteria of rightness may lead to different maxim-based ethics. (shrink)

It seems to me that the ingredients of most theories both in Artificial Intelligence and in Psychology have been on the whole too minute, local, and unstructured to account–either practically or phenomenologically–for the effectiveness of common-sense thought. The "chunks" of reasoning, language, memory, and "perception" ought to be larger and more structured; their factual and procedural contents must be more intimately connected in order to explain the apparent power and speed of mental activities.

This book develops an original version of act-consequentialism. It argues that act-consequentialists should adopt a subjective criterion of rightness. The book develops new arguments which strongly suggest that, according to the best version of act-consequentialism, the rightness of actions depends on expected rather than actual value. Its findings go beyond the debate about consequentialism and touch on important debates in normative ethics and metaethics. The distinction between criterion of rightness and decision procedures addresses how, why, and in which sense moral (...) theories must be implemented by ordinary persons. The discussion of the rationales of "ought" implies "can" leads to the discovery of a hitherto overlooked moral principle, "ought" implies "evidence", which can be used to show that most prominent moral theories are false. Finally, in the context of discussing cases that are supposed to reveal intuitions that favour either objective or subjective consequentialism, the book argues that which cases are relevant for the discussion of objectivism and subjectivism depends on the type of moral theory we are concerned with (consequentialism, Kantianism, virtue ethics, etc.). From Value to Rightness will be of interest to scholars and advanced students working in normative ethics and metaethics. (shrink)

Does postulating skeptical theism undermine the claim that evil strongly confirms atheism over theism? According to Perrine and Wykstra, it does undermine the claim, because evil is no more likely on atheism than on skeptical theism. According to Draper, it does not undermine the claim, because evil is much more likely on atheism than on theism in general. I show that the probability facts alone do not resolve their disagreement, which ultimately rests on which updating procedure – conditionalizing or updating (...) on a conditional – fits both the evidence and how we ought to take that evidence into account. (shrink)

For more than 200 years scholars have proceeded on the assumption that there was a controversy (in the sense of an argumentative exchange) between the bishop of Cork and Ross, Peter Browne (c. 1665–1735), and his nowadays more famous contemporary, the bishop of Cloyne, George Berkeley (1685–1753) about what we might call ‘the problem of divine attributes’. This problem concerns one of the most vexing issues for 17th /18th century Irish intellectuals. Simply put, it turns on two interconnected questions, namely (...) (1) an ontological question regarding God’s attributes and (2) a semantical question regarding the proper conception of analogy: -/- (1) Do God’s attributes only differ in degree or also in kind from their human counterparts? -/- (2) Is “analogical attribution” only concerned with the structure or the modus of the attribution? That is, is it a separate mode of speech (apart from the metaphorical and literal) or does it just mean we have to use analogies for our divine attributions? -/- In regard to the first question Berkeley argues the attributes of God and humans only differ in degree but not in kind (Alc. 4.22). Browne, on the other hand, is convinced that human and divine attributes differ in kind: “What Knowledge and Goodness are in the Nature of Man, that some inconceivable but correspondent Perfections are in the Nature of God […] which tho’ totally different in Kind from those Properties in us bearing the same Name” (Procedure, 138). Furthermore, Berkeley rejects the notion that analogical attribution is a separate mode of speech in addition to the literal and the metaphorical. Rather, it is an attribution made in the form of an analogy in which the words can be used literally or metaphorically (Alc. 4.21). By contrast, Browne repeatedly insists analogical attribution is more than just using analogies for attributing something to God. He thinks it is a separate mode of speech that ought to be distinguished from literal and metaphorical language (Procedure, 12, 23–29, 123–46). -/- Hence, there can be no doubt that Browne and Berkeley advance conflicting solutions to the problem of divine attributes. Yet, advancing disagreeing positions is not the same as having a (heated) argumentative exchange, i.e., a controversy. In contrast to the controversy-reading, I will defend the following view: Browne surely felt attacked by Berkeley’s elaborations in Alciphron (1732) and reacted to them in his Divine Analogy (1732/3). However, there was no argumentative exchange because Browne’s Procedure (1728) had virtually no influence on Berkeley when he was writing Alciphron. Furthermore, the available evidence suggests that Berkeley was indifferent to the (elaborate) criticisms of Alciphron found in Browne’s Divine Analogy. Thus, while the two bishops have differing positions and Browne reacted to Berkeley there is no reaction on Berkeley’s part and hence there is no argumentative exchange between the two at all, which is why their differing opinions are best described as such and not as a controversy. (shrink)

A longstanding issue in attempts to understand the Everett (Many-Worlds) approach to quantum mechanics is the origin of the Born rule: why is the probability given by the square of the amplitude? Following Vaidman, we note that observers are in a position of self-locating uncertainty during the period between the branches of the wave function splitting via decoherence and the observer registering the outcome of the measurement. In this period it is tempting to regard each branch as equiprobable, but we (...) argue that the temptation should be resisted. Applying lessons from this analysis, we demonstrate (using methods similar to those of Zurek's envariance-based derivation) that the Born rule is the uniquely rational way of apportioning credence in Everettian quantum mechanics. In doing so, we rely on a single key principle: changes purely to the environment do not affect the probabilities one ought to assign to measurement outcomes in a local subsystem. We arrive at a method for assigning probabilities in cases that involve both classical and quantum self-locating uncertainty. This method provides unique answers to quantum Sleeping Beauty problems, as well as a well-defined procedure for calculating probabilities in quantum cosmological multiverses with multiple similar observers. (shrink)

Physicians place significant weight on the distinction between acts and omissions. Most believe that autonomous refusals for procedures, such as blood transfusions and resuscitation, ought to be respected, but they feel no similar obligation to accede to requests for treatment that will, in the physician’s opinion, harm the patient (e.g., assisted death). Thus, there is an asymmetry. In this paper, we challenge the strength of this distinction by arguing that the ordering of values should be the same in both cases. (...) The reason for respecting refusals is that, in such cases, autonomy outweighs well-being. We argue that the same should be true in request cases, which means that requests should not be denied only due to the treatment being too harmful in the physician’s opinion. Our strategy is to consider and reject a number of arguments for the asymmetrical view, including an appeal to the doing–allowing distinction and positive and negative rights. The duty to respect refusals is still greater than the duty to grant requests on our view, but, by arguing that the ordering of values is the same in both cases, we show that there is less of a distinction in healthcare between requests and refusals than many currently believe. (shrink)

This paper takes stock of a recent but growing movement within the field of deliberative democracy, which normatively argues for the epistemic dimension of democratic authority and positively defends the truth-tracking properties of democratic procedures. Authors within that movement call themselves epistemic democrats, hence the recognition by many of an ‘epistemic turn’ in democratic theory. The paper argues that this turn is a desirable direction in which the field ought to evolve, taking it beyond the ‘fact of disagreement’ that had (...) previously blocked the conceptual road to acknowledging more than intrinsic properties to democratic decision procedures. The paper shows how two authors in particular – Joshua Cohen and David Estlund – have successfully lifted the Rawlsian requirement of epistemic abstinence and defends epistemic democrats and the implications of the epistemic turn in democratic theory against various misconceptions. (shrink)

I intend to: a) clarify the origins and de facto meanings of the term relativism; b) reconstruct the reasons for the birth of the thesis named “cultural relativism”; d) reconstruct ethical implications of the above thesis; c) revisit the recent discussion between universalists and particularists in the light of the idea of cultural relativism.. -/- 1.Prescriptive Moral Relativism: “everybody is justified in acting in the way imposed by criteria accepted by the group he belongs to”. Universalism: there are at least (...) some judgments which are valid inter-culturally Absolutism: there are at least some particular prescriptions which are valid without exception everywhere and always -/- 2. The traditional proof of prescriptive moral relativism: the argument from variability: Judgments, rules, and shared values are de facto variable in time and space. The traditional counter-proof: examples of variability do not prove what skeptics contend. -/- 3. Pre-history of the doctrine -Ancient sophists: either immoralist or contractualist -Modern moral scepticism (xvii c.): variability as an historical and ethnographic fact supports a sceptical conclusion more moderate than sheer immoralism. - Voltaire, Kant, Reid counter-attack pointing at a universally shared moral sense - Romantics and idealists stage an even more moderate reformulation: instead of universally shared moral sense they point at the Spirit of a People which is: a)alternative to abstract and universal philosophical systems as far as it is lived ‘culture’; b) indivisible unity with an inner harmony and a source of normative standards; c) dynamic, in so far as it is a manifestation of the Spirit through the becoming of National cultures. -/- 4. The birth of Cultural Relativism and its ethical implications 4.1. The 18th c. doctrine was the noble savage (a non-historical doctrine: state of nature vs. social state) 4.2 Edward Tylor (1832-1817) and ethnocentric historicism Savage moral standards are real enough, but they are far and weaker than ours. 4.3 Boas and Malinowski and an holistic reaction to ethnocentric historicism -/- Franz Boas (1858-1942): a) Development of civilizations is not ruled by technical progress nor does it follow a one-way path; instead there are parallel developments (for ex. Agriculture does not follow stock-raising); b) racial characters have no relevance in development of civilization; c) we are not yet in a position to compare externally identical kinds of behaviour till we have not yet understood beliefs and intentions laying at their roots (for ex.: “From an ethnological point of view murder cannot be considered as a single phenomenon”; d) we should distinguish among different practices which are only superficially similar (fro ex. practices traditionally classified under the label “tabù”); e) there is as a fact just one normative ethic, constant in its contents but varying in its extension; f) the implication is not that we cannot judge behavior by members of other groups; it is only a recommendation of caution. -/- Bronislaw Malinowski (1884-1942): a) against Tylor’s and Frazer’s “magpie” methodology, field-work is required, a culture as a whole should be observed from inside; individual elements are incomprehensible; b) a culture is an organic whole; c) its elements are accounted for by their function (economy), avoiding non-observables (empio-criticism). -/- Ruth Benedict and Melville Herskovitz identify Boas’s approach with “cultural relativism”. Benedict: what is normal and abnormal is to be judged on a culture’s own standards, not on our own (“Anthropology and the Abnormal”). Herskovits: “Boas adumbrates what we have come to call cultural relativism” (The Mind, p. 10); “Judgements are based on experience, and experience is interpreted by each individual in terms of his own enculturation” (Man and his Works). -/- 4. How analytic philosophy understood and misunderstood the discussion 4.1. At the beginning of the 20th c., the new view in ethics was non-cognitivism (emotivist and subjectivist). Eric Westermark combines this view with an old-style ethnographic approach in support of relativity of moralities. Moralities are codes, or systems of emotive ‘disinterested’ reactions selected by evolution on their usefulness in terms of survival value for the society that is the carrier of such systems or codes. The moral relativity thesis: there are cases of disagreement that cannot be settled even after agreement about facts. 4.2 Anti-realists Brandt, Mackie, Gilbert, Harman adopt Westermark’s approach in a more sophisticated version: a) moralities are codes with an overall function and may be appraised only as wholes; b) variability is an argument for moral subjectivism; c) apparent legitimacy of deriving shift from ought is legitimized only within one institution d) morality should not be described but instead made, and existing moralities may be improved. Is it ‘real’ relativism? It is clearly subjectivism (a metaethical thesis). The normative thesis is that there better and worse codes, and survival values is the normative standard. -/- 4.3 Particularists MacIntyre, Sandel, Taylor, Wiggins, McDowell ‘Wittgensteinian’ prospectivist arguments bent to support weak-relativist claims MacIntyre: there is ‘incommensurability’ between different theoretical systems in both science and ethics. No argument is possible through different systems Different traditions may coexist for a long time without being able to bring their conflicts to a rational solution. -/- 4.4 Kantian universalists Baier, Gewirth, Rawls, Apel, Habermas Shared claim: justice concerns the right and is universal in so far as it may be based on minimal assumptions Other virtues are relative to context in so far as they are related to comprehensive views of the good - O’Neill criticism: a) it is an assumption shared by both alignments; b) after an alleged crisis brought about by alleged loss of metaphysical certainties, theories of justice have dropped demanding assumptions and kept universalism, virtue theories have kept demanding assumptions and dropped universalism; c) the opposition of virtue and justice has arisen in an unjustified way. O’Neill’s positive proposal: ‘constructive’ procedures may be adopted both (i) concerning all the range of virtues and (ii) across cultures once we abandon idealization and confine ourselves to abstraction from real-world cases. -/- 4.5 A metaethical relativist and anti-relativist normative ethicists: Bernard Williams Williams: vulgar relativism may be assumed to claim that: a) 'just' means 'just in a given society'; b) 'just in a given society' is to be understood in functionalist sense; c) it is wrong for one society’s members to condemn another society’s values. It is inconsistent since in (c) uses ‘just’ in a non-relative way that has been excluded in (a). William’s positive proposal: i) keep a number of substantive or thick ethical concepts that will be different in space and time; ii) admit that public choices are to be legitimized through recourse to more abstract procedures and relying on more thin ethical concepts. -/- 5. Critical remarks 5.1 The only real relativism available is ‘vulgar’ relativism (Westermark?) 5.2. Descriptive universalism (or absolutism) has a long pedigree, from Cicero on, reaching Boas himself but it is useless as an answer to normative questions 5.3. Twentieth-century philosophical discussion seems to discuss an ad hoc doctrine reconstructed by assembling obsolete philosophical ideas but ignoring the real theory of cultural relativism as formulated by anthropologists. -/- 6. A distinction between ethoi and ethical theories as a way out of confusions a)There are systems of conventions de facto existing. These may be studies from outside as phenomena or facts. b)There is moral argument and this, when studies from outside, is a fact, but this does not influence in any degree the possible validity of claims advanced. c) the difference between the above claims and Mackie’s criticism to Searle’s argument of the promising game is that promises, arguments etc. are also phenomena, but they are also communicative phenomena with a logical and pragmatic structure. -/- 7.Conclusions: a) cultural relativism, as a name for Boas’s methodology is a valuable discovery, and in this sense we are all relativists; b) ethical relativism, as an alleged implication of cultural relativism, has been argued in a philosophically quite unsophisticated way by Benedict and Herskovits; philosophers apparently discussed ethical relativism in the basis of a rather faint impression of what cultural relativism had been. c) a full-fledged ethical relativism has hardly been defended by anybody among philosophers; virtually no modern philosopher really argued a prescriptive version of the thesis; d) we may accept the grain of truth in ethical relativism by including relativist critique to ethical absolutism into a universalist normative doctrine that be careful in separating open-textured formulations of universal claims from culturally conditioned particular prescriptions. -/- . 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A number of general points behind the story of this paper may be worth setting out separately, now that we have come to the end.There is perhaps one obvious omission to be addressed right away. Although the word “information” has occurred throughout this paper, it must have struck the reader that we have had nothing to say on what information is. In this respect, our theories may be like those in physics: which do not explain what “energy” is (a notion (...) which seems quite similar to “information” in several ways), but only give some basic laws about its behaviour and transmission.The eventual recommendation made here has been to use a broad type-theoretic framework for studying various more classical and more dynamic notions of proposition in their interaction. This is not quite the viewpoint advocated by many current authors in the area, who argue for a whole-sale switch from a ‘static’ to a ‘dynamic’ perspective on propositions. This is not the place, however, to survey the conceptual arguments for and against such a more radical move.This still leaves many questions about possible reductions from one perspective to another. For instance, it would seem that classical systems ought to serve as a ‘limiting case’, which should still be valid after procedural details of some cognitive process have been forgotten. There are various ways of implementing the desired correspondence: e.g. by considering extreme cases with ⫅ equal to identity, or, in the pure relational algebra framework by considering only pairs (x, x). What we shall want then are reductions of dynamic logics, in those special cases, to classical logic. But perhaps also, more sophisticated views are possible. How do we take a piece of ‘dynamic’ prose, remove control instructions and the like, and obtain a piece of ‘classical’ text, suitable for inference ‘in the light of eternity’?There is also a more technical side to the matter of ‘reduction’. By now, Logic has reached such a state of ‘inter-translatability’ that almost all known variant logics can be embedded into each other, via suitable translations. In particular, once an adequate semantic has been given for a new system, this usually induces an embedding into standard logic: as we know, e.g., for the case of Modal Logic. Like-wise, all systems of dynamic interpretation or inference proposed so far admit of direct embedding into an ordinary ‘static’ predicate logic having explicit transition predicates (cf. van Benthem 1988b). Thus, our moral is this. The issue is not whether the new systems of information structure or processing are essentially beyond the expressive resources of traditional logical systems: for, they are not. The issue is rather which interesting phenomena and questions will be put into the right focus by them.The next broad issue concerns the specific use of the perspective proposed here, vis-à-vis concrete proposals for information-oriented or dynamic semantics. The general strategy advocated here is to locate some suitable base calculus and then consider which ‘extras’ are peculiar to the proposal. For instance, this is the spirit in which modal S4 would be a base logic of information models, and intuitionistic logicthe special theory devoting itself to upward persistent propositions. Or, with the examples in Section 4.1, the underlying base logic is our relational algebra, whereas, say, ordinary updates then impose special properties, such as ‘idempotence’: $$xRy \Rightarrow yRy$$ Does this kind of application presuppose the existence of one distinguished base logic, of which all others are extensions? This would be attractive-and some form of relational algebra or linear logic might be a reasonable candidate. Nevertheless, the enterprise does not rest on this outcome. What matters is an increased sensitivity to the ‘landscape’ of dynamic logics, just as with the ‘Categorial Hierarchy’ in Categorial Grammar (cf. van Benthem 1989a, 1991) where the family of logics with their interconnections seems more important than any specific patriarch.Finally, perhaps the most important issue in the new framework is the possibility of new kinds of questions arising precisely because of its differences from standard logic. Notably, given the option of regarding propositions as programs, it will be of interest to consider systematically which major questions about programming languages now make sense inside logic too.EXAMPLE. Correctness. When do we have $$\left[\kern-0.15em\left[ \pi \right]\kern-0.15em\right](\left[\kern-0.15em\left[ A \right]\kern-0.15em\right]) \subseteq \left[\kern-0.15em\left[ B \right]\kern-0.15em\right]$$ for (s, t) propositions A, B and a dynamic (s, (s, t)) proposition π?Program Synthesis. Which dynamic proposition will take us from an information state satisfying A to one satisfying B? (This question needs refinement, lest there be trivial answers.)Determinism. Which propositions as programs are deterministic, in the sense of defining single-valued functions from states to states?Querying. What does it mean to ask for information in the present setting? (Again, individual types referring to e will be crucial here.)This is not merely an agenda for wishful thinking. Within Logic, there are various ways of introducing such concerns into semantics, especially, using tools from Automata Theory. (See van Benthem 1989c for further discussion of such computational perspectives in ‘cognitive programming’.)At least if one believes that ‘dynamics’ is of the essence in cognition (rather than a mere interfacing problem between the halls of eternal truth and the noisy streets of reality), the true test for the present enterprise is the development of a significant new research program not merely copying the questions of old. (shrink)

In his plea for consensual democracy in Africa, Kwasi Wiredu recommends unanimity about what is to be done, not what ought to be done, or unanimity on action rather than unanimity of values, beliefs and opinion. I caution the use of this procedural instrument by showing that some issues are so value-laden that a group decision cannot be value-neutral. It may sometimes be more productive to entertain value differences to keep them from going underground and becoming dangerous. However, the (...) ability to locate some common interest or ground seems to be crucial for such value confrontation. (shrink)

_In this article we justify why justice ought to be considered in scenarios of energy transitions, stipulate what dimensions should reasonably be considered, and investigate whether such considerations are taken in Swedish parliamentary debates on energy policies. Through interviews we investigated how Swedish parliamentary politicians think through justice in energy transitions, providing a practical perspective. We conclude that while there is some overlap between minimal conditions for energy justice and the issues brought forward by Swedish politicians, several issues are omitted. (...) Examples include procedural justice and recognizing Sámi interests. On the other hand, principles of energy justice omit economic issues, which are however often brought up by respondents. It can be argued that justice issues, and not only the technical and economic issues that currently dominate the political debate, should be considered in energy transitions. It is therefore unfortunate that questions about justice are not adequately recognized by Swedish members of parliament, as outlined here by interview results. Stronger conclusions would require more empirical work, but the article points out several discrepancies between the topics discussed in the research literature on energy policies, and the topics discussed by elected parliamentarians having a specific focus on energy policies. _ _Keywords_: energy justice; energy transitions; Swedish energy policies; climate justice. (shrink)

Robert C. Stalnaker presents a set of essays on the structure of inquiry. First he focuses on the concepts of knowledge, belief, and partial belief, and on the rules and procedures we ought to use to determine what to believe. Then he explores the relations between conditionals and causal and explanatory concepts.

In this paper I present an argument in favour of a parental duty to use preimplantation genetic diagnosis (PGD). I argue that if embryos created in vitro were able to decide for themselves in a rational manner, they would sometimes choose PGD as a method of selection. Couples, therefore, should respect their hypothetical choices on a principle similar to that of patient autonomy. My thesis shows that no matter which moral doctrine couples subscribe to, they ought to conduct the PGD (...) procedure in the situations when it is impossible to implant all of the created embryos and if there is a significant risk for giving birth to a child with a serious condition. (shrink)

Why do human beings make and accept promises? What human interest is served by this procedure? Many hold that promising serves what I shall call an information interest, an interest in information about what will happen. And they hold that human beings ought to keep their promises because breaches of promise threaten this interest. On this view human beings take promises seriously because we want correct information about how other human beings are going to act. Some such view is taken (...) for granted by most philosophical accounts of promissory obligation.1 I agree that human beings do want such information and that they often get it by accepting promises. But I doubt that promising exists because it serves this information interest. (shrink)

This comment on Eduardo Viveiros de Castro's article, “Zeno and the Art of Anthropology,” considers his definition of what it means to “take seriously” the world of the other, which he regards as the quintessential anthropological move. It means leaving the other's world in a state of suspended possibility, avoiding either belief or disbelief, assent or dissent. Candea's piece draws out the logic of the complementary and inverse move that grounds Viveiros de Castro's stance: “not taking seriously” the world of (...) the “same,” in this case, that of Western intellectuals such as Richard Rorty or Gilles Deleuze. Here “not taking seriously” involves (somewhat counterintuitively) argument, agreement and disagreement, rejection or adoption, of different visions. Candea identifies this controlled asymmetry between treatments of “us” and “them” as the major distinction between Viveiros de Castro's position and an older relativism, a difference that shields the former from the classic “self-refutation charge.” But this controlled asymmetry in turn raises the question of how we are to identify which visions we as anthropologists ought to take seriously and which we ought not to: where, in other words, do we draw the line, procedurally, between “us” and “them”? Candea argues that keeping this problematic and perhaps irresolvable question in view is the specific role of an “endo-anthropology” (the impossible figure of an “anthropology at home”), which is the necessary counterpart of Viveiros de Castro's “exo-anthropology.”. (shrink)

In this paper we argue that Sen's defence of liberal democracy suffers from a moralistic and pro-liberal bias that renders it unable to take pluralism as seriously as it professes to do. That is because Sen’s commitment to respecting pluralism is not matched by his account of how to individuate the sorts of preferences that ought to be included in democratic deliberation. Our argument generalises as a critique of the two most common responses to the fact of pluralism in contemporary (...) (i.e. post-Rawls) liberalism: a broadly procedural understanding of autonomy and the idea of deliberative democracy. That is to say, the difficulties with pluralism we identify can be traced back to the particular version of Kantian deontology prevalent in contemporary liberalism, and to the equally prevalent aspiration to ground political legitimacy in a moralised consensus. (shrink)

The main aim of this essay is to propose and develop a product?oriented, non?psychologistic, approach to scientific and artistic creativity. I first argue that the central problem is that of answering the question: how is creativity possible? Traditional approaches to this question tend to locate creativity primarily in some special psychological processes or traits, or in some special creative act. Some general arguments against such an approach are developed, and it is suggested that creativity ought primarily to be located in (...) scientific and artistic products. I then investigate the question ?what aspects of such products lead us to evaluate them as creative?? and use the results of this inquiry as a set of desiderata against which to evaluate various general views as to the nature of the creative process itself. The upshot of this procedure is the development of a kind of ?Darwinian? model whose novel feature lies in the suggestion that the process of production has, in effect, been controlled (plastically) by those very factors which can enable the product to be a creative one. (shrink)

Investor-state-dispute-settlement is an arbitration mechanism to settle disputes between foreign investors and host-states. Seemingly a technical issue in private international law, ISDS procedures have recently become a matter of public concern and the target of political resistance, due to the power they grant to foreign investors in matters of public policies in the countries they invest in. This article examines the practice of ISDS through the lenses of liberal-statist theories of international justice, which value self-determination. It argues that the investor-state (...) arbitration system illustrates how liberal-statist theories of international distributive justice ought to care about relative socioeconomic disadvantage, contra the sufficiency principle that they typically defend. The sufficiency principle draws on a questionable conception of the freedom that self-determination consists in. (shrink)

In this article the author tries to give an answer - from the point of view of the transcendental pragmatic foundation of discourse ethics - to the title question, which was raised by the Unesco conferences entitled `Universal Ethics' in Paris (27 March 1997) and Naples (December 1997). The article should be understood as a supplement to the empiristic-comparative responses of S. Bok and H. Küng, and especially to the communitarian approach of M. Walzer, proposed at the first conference. Unlike (...) traditional rationalism, this approach does not try to deduce concrete moral norms from axiomatic first principles; it begins with transcendental reflection on the undeniable moral presuppositions of argumentative discourse (which is not circumventable in philosophy). The approach first deduces from these presuppositions only the ideal procedures for the moral discourses through which all concrete moral problems ought to be solved, if possible. The second step provides a strategic-counter-strategic supplementation principle for those cases where undistorted moral discourses are not possible. (shrink)