I will argue that a desert-based justification for treating a person in a certain way is a justification that holds this treatment to be justified simply by what the person is like and what he or she has done, independent of (1) the fact that treating the person in this way will have good effects (or that treating people like him or her in this way will have such effects); (2) the fact that this treatment is called for by some (...) (justified) institution or practice; or (3) the fact that the person could have avoided being subject to this treatment by choosing appropriately, and therefore cannot complain of it. I will explore the implications of this understanding of desert for the role of desert-based justifications of blame, punishment, and economic reward. (shrink)

Argues that there is a puzzle about how our own thick concepts, which motivate us simply because they are our own, can be legitimated in any stronger sense than that, from a perspective which is not an “insider perspective.”.

This sense of attributability, or internality, is the quarry in many of Frankfurt's articles, and it has proved to be an elusive one. In this paper I want to explore, in a tentative fashion, the question of why we should be interested in finding this quarry. It seems to me that there are at least two quite distinct kinds of reason for this concern, and that when they are distinguished the problem may look less difficult than it has seemed.

Knobe reports that subjects' judgments of whether an agent did something intentionally vary depending on whether the outcome in question was seen by them as good or as bad. He concludes that subjects' moral views affect their judgments about intentional action. This conclusion appears to follow only if different meanings of “intention” are overlooked.

Can there be a "reflexive" or presuppositional, reasonably non-rejectable grounding of a Forst-type right to justification, or of a meaningful form of constitutive discursive standing? The paper argues that this is not so, and this for reasons that reflect more general limitations of presuppositional arguments for relevantly contested conclusions. To this end, the paper critically engages Forst's "reflexive" argument for human rights. It also considers O'Neill's presuppositional attempt to defend a form of cosmopolitanism, as well as the attempt to anchor (...) constructivist conclusions in the meaning of the word "reasonable". (shrink)

In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other.

Inequality is widely regarded as morally objectionable: T. M. Scanlon investigates why it matters to us. He considers the nature and importance of equality of opportunity, whether the pursuit of greater equality involves objectionable interference with individual liberty, and whether the rich can be said to deserve their greater rewards.

These essays in political philosophy by T. M. Scanlon, written between 1969 and 1999, examine the standards by which social and political institutions should be justified and appraised. Scanlon explains how the powers of just institutions are limited by rights such as freedom of expression, and considers why these limits should be respected even when it seems that better results could be achieved by violating them. Other topics which are explored include voluntariness and consent, freedom of expression, tolerance, (...) punishment, and human rights. The collection includes the classic essays 'Preference and Urgency', 'A Theory of Freedom of Expression', and 'Contractualism and Utilitarianism', as well as a number of other essays that have hitherto not been easily accessible. It will be essential reading for all those studying these topics from the perspective of political philosophy, politics, and law. (shrink)

Die Reihe "Philosophie und Politik" gibt der praktischen Politik Impulse aus der politischen Philosophie. Führende Politikerinnen und Politiker der deutschen Sozialdemokratie antworten auf die Anstöße aus philosophischer Sicht. Thomas M. Scanlon diskutiert in dem Band die Bedingungen, unter denen Gleichheit politisch relevant und ethisch begründet ist. Scanlon ist einer der profiliertesten zeitgenössischen Philosophen im Bereich der Ethik und der politischen Theorie. Er zählt zu den so genannten New Contractarians, also den Theoretikern, die mit und gegen John Rawls (...) Gerechtigkeitstheorie zur Renaissance des Vertragsargumentes in der politischen Philosophie beigetragen haben. Damit wurde eine Denkfigur wiederbelebt, die am Beginn der modernen europäischen Demokratie steht, die die Begründung politischer Ordnungen an individuelle Rationalität bindet und alle Bürger als gleiche und freie einbezieht. (shrink)

T. M. Scanlon has cited the value of friendship in arguing against a ‘teleological’ view of value which says that value inheres only in states of affairs and demands only that we promote it. This article argues that, whatever the teleological view's final merits, the case against it cannot be made on the basis of friendship. The view can capture Scanlon's claims about friendship if it holds, as it can consistently with its basic ideas, that (i) friendship is (...) a higher-level good consisting in appropriate attitudes to other goods and evils in a friend's life, (ii) these goods and evils have agent-relative value, i.e. more value than similar states of strangers, and (iii) the attitudes constituting friendship have less value than their objects. Given these independently plausible claims, the teleological view can agree with Scanlon that, e.g., it is wrong to betray a friend in order to promote more friendships among other people. (Published Online August 21 2006). (shrink)

This book collects Thomas Nagel's recent philosophical reflections on topics of fundamental interest: ethics, moral psychology, science and religion, death and the holocaust, and the metaphysics of mind. Among the figures discussed are Peter Singer, Alvin Plantinga, Christine Korsgaard, Elizabeth Anscombe, Philippa Foot, Iris Murdoch, T. M. Scanlon, Ronald Dworkin, Samuel Scheffler, Daniel Kahneman, Jonathan Haidt, Joshua Greene, and Daniel Dennett. Nagel consistently defends a realist interpretation of moral truth and resists reductive attempts to subsume ethics to psychology (...) and evolutionary theory. He also defends a pluralistic conception of the content of morality against utilitarianism, including deontological elements such as rights and special responsibilities. A realist outlook also informs his discussions of metaphysical and epistemological questions. The book closes with tributes to a number of people Nagel has known over the course of his career. The essays are all addressed to a general audience, and should appeal not only to philosophers but to anyone interested in current attempts to understand human life, human values, and how we fit into the world. (shrink)

" Our various cultures are symbolic environments or "spiritual ecologies" within which the Human Eros can thrive. This is how we inhabit the earth. Encircling and sustaining our cultural existence is nature.

the contrast and similarity between Rist and Macintyre can be better understood if we take into account their different interpretations of the Republic, especially their 1) descriptions of the primary problem faced by Plato, 2) their interpretation of Plato’s response to the problem, and 3) their evaluation of the contemporary relevance of the problem and his response. The differences and similarities between the views of MacIntyre and Rist on the Republic reflect much larger difference and similarities on the fundamental nature (...) of moral philosophy, the problem of relativism, and the importance of God for ethics. I have illustrated these similarities and differences in the context of their understanding of the problems faced by Plato, the nature and adequacy of his response, and the relevance of the response of later philosophical ethics. (shrink)

This book argues that Plato's Charmides presents a unitary but incomplete argument intended to lead its readers to substantive philosophical insights.

Thomas Alexander shows that the primary, guiding concern of Dewey's philosophy is his theory of aesthetic experience.

Conceptions of acceptability-based moral or political justification take it that authoritative acceptability constitutes, or contributes to, validity, or justification. There is no agreement as to what bar for authoritativeness such justification may employ. The paper engages the issue in relation to (i) the level of idealization that a bar for authoritativeness, ψ, imparts to a standard of acceptability-based justification, S, and (ii) the degree of discursive purchase of the discursive standing that S accords to people when it builds ψ. I (...) argue that (i) and (ii) are interdependent: high idealization values entail low discursive purchase, while high degrees of purchase require low idealization values. I then distinguish between alethic conceptions of justification that prioritize ends that commit to high idealization values, and recognitive conceptions that favour high discursive purchase. On this basis, I argue for a moderately recognitivist constraint on idealization. To render the recognitive discursive minimum available to relevant people at the site of justification, S should set ψ low enough so that it is a genuine option for actual people to reject relevant views in ways that S recognizes as authoritative. (shrink)

This paper explores the idea of robust discursive equality on which respect-based conceptions of justificatory reciprocity often draw. I distinguish between formal and substantive discursive equality and argue that if justificatory reciprocity requires that people be accorded formally equal discursive standing, robust discursive equality should not be construed as requiring standing that is equal substantively, or in terms of its discursive purchase. Still, robust discursive equality is purchase sensitive: it does not obtain when discursive standing is impermissibly unequal in purchase. (...) I then showcase different candidate conceptions of purchase justice, and draw conclusions about the substantive commitments of justificatory reciprocity. (shrink)

Moral and political forms of constructivism accord to people strong, “constitutive” forms of discursive standing and so build on, or express, a commitment to discursive respect. The paper explores dimensions of discursive respect, i.e., depth, scope, and purchase; it addresses tenuous interdependencies between them; on this basis, it identifies limitations of the idea of discursive respect and of constructivism. The task of locating discursive respect in the normative space defined by its three dimensions is partly, and importantly, an ethical task (...) that is beyond constructivism. Interdependencies between these dimensions call into question the possibility of a plausible and coherent form of discursive respect that is deep, inclusive in scope, and rich in purchase. This does not mean that we should reject discursive respect, or constructivism, for that matter. But it suggests that the task of reconciling the dimensions of discursive respect may not allow for widely shareable results. This task needs to be addressed on non-constructivist grounds. Accordingly, we have reasons to concede that constitutive forms of discursive standing are less fundamental in the order of justification than weaker, “derivative” forms, and this is so especially if we take constitutive standing to mark an important good. (shrink)

growing up in new mexico, I was passionate about geology, specifically paleontology. It led, in one adventure, to me being arrested by monks. While on a picnic with my parents at Jemez Springs, I had followed a beautiful Permian stratum, rich with crinoids and brachiopod shells, onto private land owned by The Servants of the Paraclete, a retreat for "whiskey priests."1 I was detained while one brother admonished me, kindly, and let me go, and even let me keep my specimens. (...) But the passion for the history of the earth and natural history in general remained. I was one of those kids who came late to the idea that what was taught at school and what I found of interest had any points of intersection, but I did come to... (shrink)

The paper challenges the view that public justification sits well with emancipatory and egalitarian intuitions. I distinguish between the depth, scope and the purchase of the discursive standing that such justification allocates, and situate within this matrix Rawls’s view of public justification. A standard objection to this view is that public justification should be more inclusive in scope. This is both plausible and problematic in emancipatory and egalitarian terms. If inclusive public justification allocates discursive standing that is rich in purchase, (...) as seems desirable in emancipatory terms, it may be unable to allocate equal standing to all relevant people. And if it is to allocate equal standing, then the equality of that standing should be construed in terms that allow for unequal discursive purchase. (shrink)

According to Rainer Forst, (i) moral and political claims must meet a requirement of reciprocal and general acceptability (RGA) while (ii) we are under a duty in engaged discursive practice to justify such claims to others, or be able to do so, on grounds that meet RGA. The paper critically engages this view. I argue that Forst builds a key component of RGA, i.e., reciprocity of reasons, on an idea of the reasonable that undermines both (i) and (ii): if RGA (...) builds on this idea, RGA is viciously regressive and a duty of justification to meet RGA fails to be agent transparent. This negative result opens the door for alternative conceptions of reciprocity and generality. I then suggest that a more promising conception of reciprocity and generality needs to build on an idea of the reasonable that helps to reconcile the emancipatory or protective aspirations of reciprocal and general justification with its egalitarian commitments. But this requires to downgrade RGA in the order of justification and to determine on prior, substantive grounds what level of discursive influence in reciprocal and general justification relevant agents ought to have. (shrink)

According to the “internal” conception (Quong), political liberalism aims to be publicly justifiable only to people who are reasonable in a special sense specified and advocated by political liberalism itself. One advantage of the internal conception allegedly is that it enables liberalism to avoid perfectionism. The paper takes issue with this view. It argues that once the internal conception is duly pitched at its fundamental, metatheoretical level and placed in its proper discursive context, it emerges that it comes at the (...) cost of public dogma. The paper examines this problem and argues that a plausible response to this problem is to go beyond the internal conception and adopt a more inclusive, dynamic conception. But this calls for a form of perfectionism. Thus, the internal conception of political liberalism, far from showing how liberalism can be had without perfectionism, effectively calls for perfectionism as a remedy for its problems. (shrink)

Public justification in political liberalism is often conceptualized in light of Rawls’s view of its role in a hypothetical well-ordered society as an ideal or idealizing form of justification that applies a putatively reasonable conception of political justice to political matters. But Rawls implicates a different idea of public justification in his doctrine of general reflective equilibrium. The paper engages this second, more fundamental idea. Public justification in this second sense is actualist and fundamental. It is actualist in that it (...) fully enfranchises actual reasonable citizens. It is fundamental in that political liberalism qualifies conceptions of political justice as reasonable to begin with only if they can be accepted coherently by actual reasonable citizens. Together, these features invite the long-standing concern that actualist political liberalism is objectionably exclusionary. I argue that the exclusion objection, while plausible, is more problematic in own right than it seems if actualist and fundamental public justification hypotheticalizes and discursive respect is compatible with substantive discursive inequality. This leaves proponents and critics of political liberalism with deeper questions about the nature of permissible discursive inequality in public justification. (shrink)

Contrary to some recent self-styled “linguistic pragmatists” who seek to dispense with the purportedly obsolete term “experience”. this essay attempts to show that pragmatism cannot cogently dispense with experience, understanding that term in its Deweyan sense as “culture” and not some sort of mentalistic perception or state. Focusing on Robert Brandom’s recent Perspectives on Pragmatism, I show how the very assumptions that Dewey meant to call into question with his “instrumentalist turn” in 1903 are enshrined in Brandom’s “new and improved” (...) form of pragmatism. Judged in terms of its pragmatic consequences, Brandom’s linguistic pragmatism returns to the well trodden paths and problems of analytic philosophy and not the radical approach that Dewey’s “cultural naturalism” (Dewey’s name for his philosophy) offers. The fundamental issue is not, I contend, between types of pragmatism at all but between conceptions of human nature and what a human life is. John Stuart Mill once said of Bentham that, for an empiricist, he had really very little experience, especially of human nature. I am afraid that the same judgment here is passed on those wishing to dispense with experience and somehow retain pragmatism. (shrink)

The paper advances a non-orthodox reading of political liberalism’s view of political legitimacy, the view of public political justification that comes with it, and the idea of the reasonable at the heart of these views. Political liberalism entails that full discursive standing should be accorded only to people who are reasonable in a substantive sense. As the paper argues, this renders political liberalism dogmatic and exclusivist at the level of arguments for or against normative theories of justice. Against that background, (...) the paper considers aspects of a more plausible, deeper and more inclusive idea of public political justification that builds on a thinner, potentially cosmopolitan idea of the reasonable. The paper considers what content such an idea may have, and identifies a method of inclusive abstraction through which it may be enriched in content to render it fruitful for the purposes of a justification of principles of political justice. But the move toward more depth and inclusiveness faces constructivism with two challenges. First, inclusivism about the scope of political justification might not be able to avoid dogmatism unless it invokes perfectionist considerations. And second, the authority and appeal of a fruitfully rich idea of the reasonable depends on whether the addressees of political justification already value wide acceptability. (shrink)

Three-dimensionalists , sometimes referred to as endurantists, think that objects persist through time by being “wholly present” at every time they exist. But what is it for something to be wholly present at a time? It is surprisingly difficult to say. The threedimensionalist is free, of course, to take ‘is wholly present at’ as one of her theory’s primitives, but this is problematic for at least one reason: some philosophers claim not to understand her primitive. Clearly the three-dimensionalist would be (...) better off if she could state her theory in terms accessible to all. We think she can. What is needed is a definition of ‘is wholly present at’ that all can understand. in this paper, we offer one. (shrink)

Internalism about epistemic justification (henceforth, ‘internalism’) says that a belief B is epistemically justified for S only if S is aware of some good-making feature of B, some feature that makes for B’s having positive epistemic status: e.g., evidence for B. Externalists with respect to epistemic justification (‘externalists’) deny this awareness requirement. Michael Bergmann has recently put this dilemma against internalism: awareness admits of a strong and a weak construal; given the strong construal, internalism is subject to debilitating regress troubles; (...) given the weak construal, internalism is unmotivated; either way, internalism is in serious trouble. I argue for two claims in this article. First, Bergmann’s dilemma argument is unmotivated: he’s given no good reason for accepting one of its crucial premises. And second, Bergmann’s dilemma argument is unsound: the crucial premise in question is false. (shrink)

Rainer Forst’s constructivism argues that a right to justification provides a reasonably non-rejectable foundation of justice. With an exemplary focus on his attempt to ground human rights, I argue that this right cannot provide such a foundation. To accord to others such a right is to include them in the scope of discursive respect. But it is reasonably contested whether we should accord to others equal discursive respect. It follows that Forst’s constructivism cannot ground human rights, or justice, categorically. At (...) best, it can ground them hypothetically. This opens the door wide for ethical foundations of human rights. (shrink)

The paper argues that applications of the principle that “ought” implies “can” (OIC) depend on normative considerations even if the link between “ought” and “can” is logical in nature. Thus, we should reject a common, “factualist” conception of OIC and endorse weak “normativism”. Even if we use OIC as the rule ““cannot” therefore “not ought””, applying OIC is not a mere matter of facts and logic, as factualists claim, but often draws on “proto-ideals” of moral agency.

This volume comprises essays presented to Alvin Plantinga on the occasion of his 70th birthday.