Many philosophers claim that it is always intrinsically good when people get what they deserve and that there is always at least some reason to give people what they deserve. I highlight problems with this view and defend an alternative. I have two aims. First, I want to expose a gap in certain desert-based justifications of punishment. Second, I want to show that those of us who have intuitions at odds with these justifications have an alternative account of desert at (...) our disposal – one that may lend our intuitions more credibility. (shrink)

Many philosophers think that punishment is intentionally harmful and that this makes it especially hard to morally justify. Explanations for the latter intuition often say questionable things about the moral significance of the intent to harm. I argue that there’s a better way to explain this intuition.

I argue that legal punishment is morally wrong because it’s too morally risky. I first briefly explain how my argument differs from similar ones in the philosophical literature on legal punishment. Then I explain why legal punishment is morally risky, argue that it’s too morally risky, and discuss objections. In a nutshell, my argument goes as follows. Legal punishment is wrong because we can never sufficiently reduce the risk of doing wrong when we legally punish people. We can never sufficiently (...) reduce this risk because wrongful punishment is much worse than wrongful non-punishment and because punishment’s permissibility depends on the answers to a variety of difficult philosophical questions about which we’re fallible. (shrink)

The Counterfactual Comparative Account of Harm says that an event is overall harmful for someone if and only if it makes her worse off than she otherwise would have been. I defend this account from two common objections.

I argue that there is moral luck, i.e., that factors beyond our control can affect how laudable or culpable we are.

Some philosophers think that the challenge of justifying punishment can be met by a theory that emphasizes the expressive character of punishment. A particular type of theories of this sort - call it Expressive Retributivism [ER] - combines retributivist and expressivist considerations. These theories are retributivist since they justify punishment as an intrinsically appropriate response to wrongdoing, as something wrongdoers deserve, but the expressivist element in these theories seeks to correct for the traditional obscurity of retributivism. Retributivists often rely on (...) appeals to controversial intuitions involving obscure concepts. While retributive intuitions can be compelling, some worry that the justificatory challenge cannot be met merely by appealing to them. ER tries to enhance the clarity and justificatory power of these intuitions and the concepts they invoke by appealing to an expressive conception of punishment. I argue that these theories fail to justify punishment and that there is reason to think that they cannot, in principle, justify punishment. (shrink)

Recently, Michael Huemer has defended the Principle of Phenomenal Conservatism: If it seems to S that p, then, in the absence of defeaters, S thereby has at least some degree of justification for believing that p. This principle has potentially far-reaching implications. Huemer uses it to argue against skepticism and to defend a version of ethical intuitionism. I employ a reductio to show that PC is false. If PC is true, beliefs can yield justification for believing their contents in cases (...) where, intuitively, they should not be able to do so. I argue that there are cases where a belief that p can behave like an appearance that p and thereby make it seem to one that p. (shrink)

Many philosophers think that an agent punishes a subject only if the agent aims to harm the subject. Bill Wringe has recently argued against this claim. I show that his arguments fail.

Most punishment theorists seem to accept the following claim: punishment is intended to harm the punishee. A significant minority of punishment theorists reject the claim, though. I defend the claim from objections, focusing mostly on recent objections that haven’t gotten much attention. My objective is to reinforce the already strong case for the intentions claim. I first clarify what advocates of the intentions claim mean by it and state the standard argument for it. Then I critically discuss a wide variety (...) of objections to the claim and to the standard argument for it. (shrink)

I criticize an increasingly popular set of arguments for the justifiability of punishment. Some philosophers try to justify punishment by appealing to what Peter Strawson calls the reactive attitudes – emotions like resentment, indignation, remorse and guilt. These arguments fail. The view that these emotions commit us to punishment rests on unsophisticated views of punishment and of these emotions and their associated behaviors. I offer more sophisticated accounts of punishment, of these emotions and of their associated behaviors that are consistent (...) with Abolitionism, the view that punishment is unjustified. (shrink)

I argue that contemporary liberal theory cannot give a general justification for the institution or practice of punishment, i.e., a justification that would hold across a broad range of reasonably realistic conditions. I examine the general justifications offered by three prominent contemporary liberal theorists and show how their justifications fail in light of the possibility of an alternative to punishment. I argue that, because of their common commitments regarding the nature of justification, these theorists have decisive reasons to reject punishment (...) in favor of a non-punitive alternative. I demonstrate the possibility of this alternative by means of a careful examination of the nature of punishment, isolating one essential characteristic—the aim to impose suffering—and showing how this characteristic need not guide enforcement. There is logical space for a forceful and coercive, yet non-punitive method of enforcement. This fact poses difficulties for many classical and contemporary justifications of punishment, but it poses particularly crippling problems for general liberal justifications. (shrink)

Many philosophers think that, when someone deserves something, it’s intrinsically good that she get it or there’s a non-instrumental reason to give it to her. Retributivists who try to justify punishment by appealing to claims about what people deserve typically assume this view or views that entail it. In this paper, I present evidence that many people have intuitions that are inconsistent with this view. And I argue that this poses a serious challenge to retributivist arguments that appeal to desert.

Peter van Inwagen proposes a criterion of philosophical success. He takes it to support an extremely pessimistic view about philosophy. He thinks that all philosophical arguments for substantive conclusions fail, including the argument from evil. I’m more optimistic on both counts. I’ll identify problems with van Inwagen’s criterion and propose an alternative. I’ll then explore the differing implications of our criteria. On my view, philosophical arguments can succeed and the argument from evil isn’t obviously a failure.

This paper continues a debate about the following claim: an agent punishes someone only if she aims to harm him. In a series of papers, Bill Wringe argues that this claim is false, I criticize his arguments, and he replies. Here, I argue that his reply fails.

I’ll raise a problem for Retributivism, the view that legal punishment is justified on the basis of desert. I’ll focus primarily on Mitchell Berman’s recent defense of the view. He gives one of the most sophisticated and careful statements of it. And his argument is representative, so the problem I’ll raise for it will apply to other versions of Retributivism. His insights about justification also help to make the problem particularly obvious. I’ll also show how the problem extends to non-retributive (...) justifications of punishment. I’ll argue that Berman’s argument makes a questionable assumption about the standard of justification that justifications of punishment must meet to be successful. If we think about what it takes to justify punishment and reflect on the intuitions that retributivists appeal to, it turns out that the intuitions aren’t obviously up to the task. (shrink)

According to deterrence justifications of legal punishment, legal punishment is justified at least in part because it deters offenses. These justifications rely on important empirical assumptions, e.g., that non-punitive enforcement can't deter or that it can't deter enough. I’ll challenge these assumptions and argue that extant deterrence justifications of legal punishment fail. In the process, I examine contemporary deterrence research and argue that it provides no support for these justifications.

Intellectual humility is a concept in progress—philosophers and psychologists are in the process of defining and coming to understand what intellectual humility is and what place it has in our theories. Most accounts of intellectual humility build from work in virtue epistemology, the study of knowledge as the state that results when agents are epistemically virtuous (or, perhaps, the view that the proper object of study for epistemology is the intellectually virtuous agent). [...].

Some philosophers defend legal punishment by appealing to a natural right to punish wrongdoers, a right people would have in a state of nature. Many of these philosophers argue that legal punishment can be justified by transferring this right to the state. I’ll argue that such a right may not be transferrable to the state because such a right may not survive the transition out of anarchy. A compelling reason for the natural right claim – that in a state of (...) nature there are few if any viable non-punitive enforcement options – isn’t obviously true in state contexts. (shrink)

I propose an alternative interpretation of the Crito. The arguments that are typically taken to be Socrates’ primary arguments against escape are actually supplementary arguments that rely on what I call the Superiority Thesis, the thesis that the state and its citizens are members of a moral hierarchy where those below are tied by bonds of obligation to those above. I provide evidence that Socrates holds this thesis, demonstrate how it resolves a number of apparent difficulties and show why my (...) interpretation is preferable to competing interpretations. (shrink)

I argue that voting abstention may be obligatory under certain non-trivial conditions. Following recent work on voting ethics, I argue that the obligation to abstain under certain conditions follows from a duty not to vote badly. Whether one votes badly, however, turns on more than one's reasons for wanting a particular candidate elected or policy implemented. On my account, one's reasons for voting at all also matter, and one can be in a position where there is no way to exercise (...) one's right to vote well. Seriously unfair electoral processes may put one in such a position. Such processes arguably hold in some contemporary western democracies, including the US. (shrink)

I defend Intuitive Non-Naturalism in ethics from an objection by Matt Bedke.

An often-overlooked characteristic of the human mind is its propensity to wander. Despite growing interest in the science of mind-wandering, most studies operationalize mind-wandering by its task-unrelated contents. But these contents may be orthogonal to the processes that determine how thoughts unfold over time, remaining stable or wandering from one topic to another. In this chapter, we emphasize the importance of incorporating such processes into current definitions of mind-wandering, and propose that mind-wandering and other forms of spontaneous thought (such as (...) dreaming and creativity) are mental states that arise and transition relatively freely due to an absence of constraints on cognition. We review existing psychological, philosophical and neuroscientific research on spontaneous thought through the lens of this framework, and call for additional research into the dynamic properties of the mind and brain. (shrink)

Finding ways to foster intellectual humility (IH)—the willingness to own one’s limitations—is an important goal for facilitating effective learning. We report the results of a longitudinal, quasi-experimental study, conducted across six undergraduate, culturally diverse (58% racial/ethnic minority) introductory philosophy courses, that evaluates how social perceptions and cross-cultural reasoning change following a course on epistemology and social ethics. Critically, we manipulated whether each class received a standardized lesson in IH at the start of the course or not. Participants provided self-ratings of (...) IH, gave round-robin judgments of their classmates, and completed a wise-reasoning writing exercise focusing on a cultural conflict at both the beginning and end of the summer course session. Results revealed no change in self-reported IH, but an increase in perceived peer IH and conscientiousness within classes where IH was taught. Moreover, an analysis of the participants’ writing suggested greater levels of compromise-seeking when dealing with a cultural conflict among the students taught about IH, relative to those in the control classes. This study provides initial insights regarding the relationship between IH and cultural humility, as well as the efficacy of facilitating the development of IH among undergraduate students. (shrink)

Most research on mind-wandering has characterized it as a mental state with contents that are task unrelated or stimulus independent. However, the dynamics of mind-wandering—how mental states change over time—have remained largely neglected. Here, we introduce a dynamic framework for understanding mind-wandering and its relationship to the recruitment of large-scale brain networks. We propose that mind-wandering is best understood as a member of a family of spontaneous-thought phenomena that also includes creative thought and dreaming. This dynamic framework can shed new (...) light on mental disorders that are marked by alterations in spontaneous thought, including depression, anxiety and attention deficit hyperactivity disorder. (shrink)

Nathan Hanna has recently addressed a claim central to my 2013 article ‘Must Punishment Be Intended to Cause Suffering’ and to the second chapter of my 2016 book An Expressive Theory of Punishment: namely, that punishment need not involve an intention to cause suffering. -/- Hanna defends what he calls the ‘Aim To Harm Requirement’ (AHR), which he formulates as follows. AHR: ‘an agent punishes a subject only if the agent intends to harm the subject’ (Hanna (...) 2017 p969). I’ll try to show in this note that Hanna’s latest attempts to defend AHR fail. I’ll start by setting out my own view, drawing attention to one significant, but perhaps understandable, misstatement of Hanna’s. I’ll then discuss two alleged counter-examples that Hanna presents to my view, and show that they both fail in their own terms. I’ll also argue that, given assumptions that Hanna is willing to make a scenario closely related to one that Hanna presents counts against AHR. I’ll then discuss how significant it would be if these counter-examples were successful. My view is that it wouldn’t matter much, and that anyone attracted to abolitionism should agree. I’ll conclude with a brief discussion of Hart, which may be of interest to enthusiasts and Hart scholars. (shrink)

Nathan Hanna has recently argued against a position I defend in a 2013 paper in this journal and in my 2016 book on punishment, namely that we can punish someone without intending to harm them. In this discussion note I explain why two alleged counterexamples to my view put forward by Hanna are not in fact counterexamples to any view I hold, produce an example which shows that, if we accept a number of Hanna’s own assumptions, (...) punishment does not require an intention to harm, and discuss whether a definition and counter-example approach is the best way to proceed in the philosophy of punishment. I conclude with a brief exegetical discussion of H.L.A Hart’s Prolegomenon to the Principles of Punishment. (shrink)

An observation of Hume’s has received a lot of attention over the last decade and a half: Although we can standardly imagine the most implausible scenarios, we encounter resistance when imagining propositions at odds with established moral (or perhaps more generally evaluative) convictions. The literature is ripe with ‘solutions’ to this so-called ‘Puzzle of Imaginative Resistance’. Few, however, question the plausibility of the empirical assumption at the heart of the puzzle. In this paper, we explore empirically whether the difficulty we (...) witness in imagining certain propositions is indeed due to claim type (evaluative v. non-evaluative) or whether it is much rather driven by mundane features of content. Our findings suggest that claim type plays but a marginal role, and that there might hence not be much of a ‘puzzle’ to be solved. (shrink)

The “somewhat vague, intuitive” notion from computability theory of an effective procedure (method) or algorithm can be fairly precisely defined even if it is not sufficiently formal and precise to belong to mathematics proper (in a narrow sense)—and even if (as many have asserted) for that reason the Church–Turing thesis is unprovable. It is proved logically that the class of effective procedures is not decidable, i.e., that no effective procedure is possible for ascertaining whether a given procedure is effective. This (...) undecidability result is proved directly from the notion itself of an effective procedure, without reliance on any (partly) mathematical lemma, conjecture, or thesis invoking recursiveness or Turing-computability. In fact, there is no reliance on anything very mathematical. The proof does not even appeal to a precise definition of ‘effective procedure’. Instead, it relies solely and entirely on a basic grasp of the intuitive notion of an effective procedure. Though the result that effectiveness is undecidable is not surprising, it is also not without significance. It has the consequence, for example, that the solution to a decision problem, if it is to be complete, must be accompanied by a separate argument that the proposed ascertainment procedure invariably terminates with the correct verdict. (shrink)

Robert Hanna presents a fresh view of the Kantian and analytic traditions that have dominated continental European and Anglo-American philosophy over the last two centuries, and of the connections between them. But this is not just a study in the history of philosophy, for out of this emerges Hanna's original approach to two much-contested theories that remain at the heart of contemporary philosophy. Hanna puts forward a new 'cognitive-semantic' interpretation of transcendental idealism, and a vigorous defense of (...) Kant's theory of analytic and synthetic necessary truth, making this compelling reading for all who are interested in these fundamental philosophical issues. (shrink)

Alonzo Church famously provided three principal competing criteria for “strict synonymy,” i.e., sameness of semantic content. These are his Alternatives (0), (1), and (2)—numbered in order of increasing course-grainedness of content. On Alternative (2), expressions are deemed strictly synonymous iff they are logically equivalent. This criterion seems hopeless as an account of the objects of propositional attitude. On Alternative (1), expressions are deemed synonymous iff they are λ-convertible. Alternative (1) also evidently conflicts with discourse about the attitudes. On Alternative (0), (...) expressions are deemed strictly synonymous iff they are “synonymously isomorphic” in Church’s sense. On Alternative (0), semantic content is so fine-grained that not even “Romeo loves Juliet” and “Juliet is loved by Romeo” qualify as strictly synonymous. A fourth alternative, here called “Alternative (3),” deems expressions strictly synonymous iff they are co-intensional, i.e., they have the same semantic extension with respect to the same possible worlds. This criterion’s notion of content is even more course grained than that of Alternative (2). Several objections to Alternative (3) are considered. (This article is contained within the author’s more definitive essay, “Singular Concepts”.). (shrink)

Changing our minds isn't easy. Even when we recognize our views are disputed by intelligent and informed people, we rarely doubt our rightness. Why is this so? How can we become more open-minded, putting ourselves in a better position to tolerate conflict, advance collective inquiry, and learn from differing perspectives in a complex world? -/- Nathan Ballantyne defends the indispensable role of epistemology in tackling these issues. For early modern philosophers, the point of reflecting on inquiry was to understand (...) how our beliefs are often distorted by prejudice and self-interest, and to improve the foundations of human knowledge. Ballantyne seeks to recover and modernize this classical tradition by vigorously defending an interdisciplinary approach to epistemology, blending philosophical theorizing with insights from the social and cognitive sciences. -/- Many of us need tools to help us think more circumspectly about our controversial views. Ballantyne develops a method for distinguishing between our reasonable and unreasonable opinions, in light of evidence about bias, information overload, and rival experts. This method guides us to greater intellectual openness--in the spirit of skeptics from Socrates to Montaigne to Bertrand Russell--making us more inclined to admit that sometimes we don't have the right answers. With vibrant prose and fascinating examples from science and history, Ballantyne shows how epistemology can help us know our limits. (shrink)

Epistemic trespassers judge matters outside their field of expertise. Trespassing is ubiquitous in this age of interdisciplinary research and recognizing this will require us to be more intellectually modest.

The concept of a reason is now central to many areas of contemporary philosophy. Key theses in ethics, epistemology, political philosophy, philosophy of action, and the philosophy of the emotions, among others, have come to be framed in terms of reasons. And yet, despite their centrality, theorists seem to take inconsistent things for granted about how reasons work, what kinds of things can be reasons, what reasons favor, and more. Somehow reasons have come to be both indispensable and impenetrable. -/- (...) The Fundamentals of Reasons offers a comprehensive introduction to the philosophy of reasons. Focusing on the twin roles of reasons in explanation and deliberation, the book not only emphasizes what has made reasons central across philosophy but it also explores why philosophers have such incompatible pictures about what reasons are and how they work. Working from the inside out, Howard and Schroeder identify contentious assumptions about not only the internal structure of reasons but also their relationship to other important concepts, and then show how these contentious assumptions shape the many downstream applications of reasons in ethics, epistemology, political philosophy, and beyond. -/- This mildly opinionated exploration of key questions about the significance and nature of reasons helps the reader to navigate this important part of the philosophical landscape and to get clearer about why reasons seem important and what their import, ultimately, is. (shrink)

Some rules seem more important than others. The moral rule to keep promises seems more important than the aesthetic rule not to wear brown with black or the pool rule not to scratch on the eight ball. A worrying number of metaethicists are increasingly tempted to explain this difference by appealing to something they call “authoritative normativity” – it’s because moral rules are “authoritatively normatively” that they are especially important. The authors of this chapter argue for three claims concerning “authoritative (...) normativity”: (1) that motivation for it originates in a parochial conception of “normative flavours”; (2) that arguments against alternative ways of explaining e.g., morality’s importance are overblown; and (3) that there are strong reasons against theorizing in terms of “authoritative normativity”. The overarching aim is not to show that “authoritative normativity” is incoherent or entirely unmotivated. Rather, it is to discuss some of “authoritative normativity’s” deeper commitments to correct the impression that is it largely benign or that it is entailed by familiar and popular “metanormative” positions. Authoritative normativity, it seems to us, is a solution in search of a problem. (shrink)

A new philosophical analysis is provided of the notorious Sleeping Beauty Problem. It is argued that the correct solution is one-third, but not in the way previous philosophers have typically meant this. A modified version of the Problem demonstrates that neither self-locating information nor amnesia is relevant to the core Problem, which is simply to evaluate the conditional chance of heads given an undated Monday-or-Tuesday awakening. Previous commentators have failed to appreciate the significance of the information that Beauty gains upon (...) waking, and which is relevant to the conditional chance of heads: de re acquaintance with the awakening itself and the non-locating knowledge that it is an experimental awakening. David Lewis and company are committed to several unjustifiable and unacceptable probability assessments. Previous commentators have in effect confused the information that Beauty undergoes this particular experimental awakening for the information that she undergoes some experimental awakening or other. Lewis in particular thereby illegitimately tips the scales both in favor of heads and in favor of Monday. The Sleeping Beauty Problem is equivalent to a ball-in-urn word problem in elementary probability theory. (shrink)

Two theses figure centrally in work on the epistemology of disagreement: Equal Weight (‘EW’) and Uniqueness (‘U’). According to EW, you should give precisely as much weight to the attitude of a disagreeing epistemic peer as you give to your own attitude. U has it that, for any given proposition and total body of evidence, some doxastic attitude is the one the evidence makes rational (justifies) toward that proposition. Although EW has received considerable discussion, the case for U has not (...) been critically evaluated. Endorsing U, we argue, commits one to the highly controversial thesis that whatever fixes your rational attitudes can do so only by fixing what evidence you have. This commitment imposes a relatively demanding requirement on justified belief in U, one that we argue is not satisfied by what is currently the strongest available case for U, due to Roger White [2005]. Our challenge to U makes more trouble for its proponents than do the worries about U expressed by Gideon Rosen [2001] and Thomas Kelly [2010]. Moreover, if Kelly [2010] is correct in thinking that EW “carries with it a commitment to” U—a claim which we accept for reasons similar to Kelly’s but is beyond this paper’s scope (but see Ballantyne and Coffman [forthcoming])—then our challenge to U bears importantly on EW: to the extent that our challenge to U succeeds, EW also suffers. (shrink)

This is a non-technical version of "The Decision Problem for Effective Procedures." The “somewhat vague, intuitive” notion from computability theory of an effective procedure (method) or algorithm can be fairly precisely defined, even if it does not have a purely mathematical definition—and even if (as many have asserted) for that reason, the Church–Turing thesis (that the effectively calculable functions on natural numbers are exactly the general recursive functions), cannot be proved. However, it is logically provable from the notion of an (...) effective procedure--without reliance on any (partially) mathematical thesis or conjecture concerning effective procedures, such as the Church–Turing thesis--that the class of effective procedures is undecidable, i.e., that no effective procedure is possible for ascertaining whether a given procedure is effective. The proof does not appeal to a precise definition of ‘effective procedure’. Instead, it relies solely and entirely on a basic grasp of the intuitive notion of such a procedure. Though this undecidability result itself is not surprising, it is also not without significance. It has the consequence, for example, that the solution to a decision problem, if it is to be complete, must be accompanied by a separate argument that the proposed ascertainment procedure is, in fact, a decision procedure, i.e., effective—for example, that it invariably terminates with the correct verdict. (shrink)

The financial sector has seen a transformation towards ‘sustainable’ finance particularly in Europe, driven also by unprecedented regulatory reforms. At the same time, many are sceptical about the real impact of these reforms, fearing that they are triggering a paradoxical financialisation of sustainability. Building on recent research on institutional logics and institutional fields formation, we examine changes in the EU regulatory dynamics as characterised by shifts in framing the relationship between sustainability and finance. Deploying a longitudinal approach, consisting of archival (...) data and semi-structured interviews, we explore the development of EU sustainable finance regulation as an extended, interactive and contested process. Specifically, we suggest that regulatory dynamics depend on the hybrid configuration of the social constituencies supporting sustainable finance reforms and on shifts in the overall prevalence of the financial logic in society. Our paper sheds light on the inherent contradictions and limitations of sustainable finance as a means for transformative sustainability reforms. (shrink)

My first experience as a clinician was in a Therapeutic Community for service users with personality disorder. As well as having personality disorder, many of the Community members also suffered from related conditions, such as addiction and eating disorders. Broadly speaking, these conditions are what we might call ‘disorders of agency’. Core diagnostic symptoms or maintaining factors of disorders of agency are actions and omissions: patterns of behaviour central to the nature or maintenance of the condition. For instance, borderline personality (...) disorder is diagnosed in part via deliberate self-harm and attempted suicide, reckless and impulsive behaviour, substance use, violence, and outbursts of anger; addiction is diagnosed via maladaptive patterns of drug consumption; eating disorders involve eating too much or too little. If a service user is to improve let alone recover from these disorders, they must change the diagnostic or maintaining pattern of behaviour (cf. Pearce and Pickard, 2010). For instance, service users with borderline personality disorder must stop self-harming; addicts need to quit using drugs or alcohol; anorexics must eat. (shrink)

The study aims to lay the groundwork for systematically investigating children’s peer discourse at different age levels with a view to delimiting the role of peer talk for pragmatic development. An interdisciplinary stance to the study of children’s peer talk is argued for, considering it simultaneously as the arena for the co-construction of childhood cultures as well as an arena for development. We propose a four-dimensional model of discursive events, meant to capture both dimensions simultaneously. The model takes into account (...) the dynamic interplay among the type of activity children are engaged in, the overall thematic frame of the event, its internal framing by the children themselves and the genre used. The model is applied to the analysis of natural peer talk at two age levels, preschoolers and fourth graders, focusing mainly on variation along the dimension of keying. The two age groups studied are shown to share a rich repertoire of keyings and genres, but to differ in their relative salience and modes of realization by age. Our analysis suggests that peer talk offers children ample opportunities to listen in, practice and display conversational as well as academic discursive skills, and hence may very well prove a crucial site for pragmatic development. (shrink)

In the immediate post-war period, a set of thinkers, most notably Jacques Maritain, developed influential natural law theories of constitutional democracy. The central tenet of the natural law approach to the post-war settlement was that, without the type of foundational understanding of the constitutional system it was proposing, the new democratic political institutions would relapse into totalitarianism. In response to this natural law challenge, Hans Kelsen sought to explicate and defend a self-consciously secular and relativistic understanding of the basis of (...) constitutional democracy. This article will examine the debate between the Kelsenian and the natural law view of constitutional democracy. The debate raises questions of foundational importance, and a number of issues are of particular concern in the present global context. These issues concern the role of moral pluralism and its relevance to the structure of constitutional democracy, and the relationship between universal values and the common good of particular communities. (shrink)

I demonstrate that a "speech act" theory of meaning for imperatives is—contra a dominant position in philosophy and linguistics—theoretically desirable. A speech act-theoretic account of the meaning of an imperative !φ is characterized, broadly, by the following claims. -/- LINGUISTIC MEANING AS USE !φ’s meaning is a matter of the speech act an utterance of it conventionally functions to express—what a speaker conventionally uses it to do (its conventional discourse function, CDF). -/- IMPERATIVE USE AS PRACTICAL !φ's CDF is to (...) express a practical (non-representational) state of mind—one concerning an agent's preferences and plans, rather than her beliefs. -/- Opposed to speech act accounts is a preponderance of views which deny that a sentence's linguistic meaning is a matter of what speech act it is used to perform, or its CDF. On such accounts, meaning is, instead, a matter of "static" properties of the sentence—e.g., how it depicts the world as being (or, more neutrally, the properties of a model-theoretic object with which the semantic value of the sentence co-varies). On one version of a static account, an imperative 'shut the window!' might, for instance, depict the world as being such that the window must be shut. -/- Static accounts are traditionally motivated against speech act-theoretic accounts by appeal to supposedly irremediable explanatory deficiencies in the latter. Whatever a static account loses in saying (prima facie counterintuitively) that an imperative conventionally represents, or expresses a picture of the world, is said to be offset by its ability to explain a variety of phenomena for which speech act-theoretic accounts are said to lack good explanations (even, in many cases, the bare ability to offer something that might meet basic criteria on what a good explanation should be like). -/- I aim to turn the tables on static accounts. I do this by showing that speech act accounts are capable of giving explanations of phenomena which fans of static accounts have alleged them unable to give. Indeed, for a variety of absolutely fundamental phenomena having to do with the conventional meaning of imperatives (and other types of practical language), speech act accounts provide natural and theoretically satisfying explanations, where a representational account provides none. (shrink)

Current discussions of hermeneutical injustice, I argue, poorly characterise the cognitive state of victims by failing to account for the communicative success that victims have when they describe their experience to other similarly situated persons. I argue that victims, especially when they suffer moral wrongs that are yet unnamed, are able (1) to grasp certain salient aspects of the wrong they experience and (2) to cultivate the ability to identify instances of the wrong in virtue of moral emotions. By moral (...) emotions I mean emotions like indignation that reflect an agent’s ethical commitments and bear on her ethical assessments. Further, I argue that victims can impart their partial understanding of the wrong they suffer to others who are not similarly situated by eliciting moral emotions such as pity that are tied to broad notions of justice and fairness. (shrink)

ABSTRACTDespite advances in the conceptualisation of facial mimicry, its role in the processing of social information is a matter of debate. In the present study, we investigated the relationship b...