This chapter contains section titled: Rawls and Human Rights Minimalism State Sovereignty and the Role of Human Rights Rawls's Political Liberalism and the Doctrine of Human Rights in LoP The Importance of the Role in LoP of Rawls's Narrow Doctrine of Human Rights Rawls's Arguments for the Narrow Doctrine ldquo;Ideal” and “Non‐ideal” Theory in LoP Strategies for the International Enforcement of Respect for Human Rights Conclusion Notes.

Some say that public policy can be made without the benefit of theory--that it emerges, instead, through trial-and-error. Others see genuine philosophical issues in public affairs but try to resolve them through fanciful examples. Both, argues Robert E. Goodin, are wrong. Goodin--a political scientist who is also an associate editor of Ethics--shows that empirical and ethical theory can and should guide policy. To be useful, however, these philosophical discussions of public affairs must draw upon actual policy experiences rather than contrived (...) cases. Further, they must reflect the broader social consequences of policies rather than just the dilemmas of personal conscience. Effectively integrating the literatures of social science, policy science, and philosophy, Goodin provides a theoretically sophisticated yet empirically well-grounded analysis of public policies, the principles underlying them, the institutions shaping them, and the excuses offered for their failures. This analysis is enhanced by the author's discussion of such specific cases as the disposal of nuclear wastes and the priority accorded national defense--cases that illustrate Goodin's theoretical and methodological framework for approaching policy issues. (shrink)

In section I, I identify several mini-theses embedded in Amartya Sen’s theory of human rights – such theses as that human rights are moral, not legal, rights, that nevertheless they are not rights that are awaiting transformation into legal rights, that an expansive doctrine of human rights can incorporate a broad swath of rights without merely mimicking the catalogues in post-Second World War declarations and covenants, and that not all the obligations generated by human rights are ‘perfect’ obligations.In section II, (...) I argue that, both because ‘freedom’ has many interpretations and because not all human freedoms, even when they are life-enhancing, are to be protected as human rights, the distinctive features of Sen’s version of a freedom-emphasizing doctrine would be clearer if the preferred interpretation of ‘freedom’ and the particular human freedoms to be protected were more explicitly identified.While Sen’s doctrine of human rights is a freedom-emphasizing doctrine, its distinctive features – vis-à-vis competing freedom-focused accounts – would be more clearly etched if it were made clearer what the sense is in which it stresses protection of important human freedoms, especially since he concedes that not all freedoms, even when they are life-enhancing for human beings, should be protected as human rights. (shrink)

The version of the invisible hand argument in Adam Smith's Theory of Moral Sentiments differs in important respects from the version in The Wealth of Nations. Both are different, in turn, from the version invoked by Milton Friedman in Free to Choose. However, all three have a common structure. Attention to this structure can help sharpen our sense of their essential thrust by highlighting the questions (about the nature of economic motivation, the structure of markets, and conceptions of the public (...) interest) to which answers of certain kinds would have to be available for any of the versions to succeed. (shrink)

First published in 1973, this is the first book on Paul Tillich in which a sustained attempt is made to sort out and evaluate the questions to which Tillich addresses himself in the crucial philosophical parts of his theological system. It is argued that despite the apparent simplicity in his interest in _the _‘question of being’, Tillich in fact conceives of the ontological enterprise in a number of radically different ways in different contexts. Much of Professor Macleod’s work is (...) devoted to the careful separation of these strands in his philosophical thought and to an exploration and assessment of the assumptions associated with them. This book will be of interest to readers of Tillich and philosophers who specialise in ontology and linguistics. (shrink)

According to Libertarians, the freedom of individuals to make crucial lifeshaping choices is effectively and adequately protected if other individuals and agenciesrefrain from interfering with their freedom and if the state takes steps to ensure that such interference is either prevented or punished. This paper presents a “Liberal” critique of this position, in three stages. First, prevention of interference is only one of several conditions that must be fulfilled if an individual’s lot in life is to be legitimately traceable to (...) his or her choices. Second, the additional conditions resemble prevention of interference in that their fulfillment cannot be secured by the unaided efforts of individuals. Third, these further conditions resemble prevention of interference in that their fulfillment cannot be secured on an equitable basis for all if the state does not assume responsibility for trying to ensure their fulfillment. The argument (of non-anarchist Libertarians) that the state has a role to play in securing the fulfillment of the non-interference condition ought consequently to be extended to support the view that securing the fulfillment of the otherconditions of freedom of choice is also a legitimate function of the state. (shrink)

According to Libertarians, the freedom of individuals to make crucial lifeshaping choices is effectively and adequately protected if other individuals and agenciesrefrain from interfering with their freedom and if the state takes steps to ensure that such interference is either prevented or punished. This paper presents a “Liberal” critique of this position, in three stages. First, prevention of interference is only one of several conditions that must be fulfilled if an individual’s lot in life is to be legitimately traceable to (...) his or her choices. Second, the additional conditions resemble prevention of interference in that their fulfillment cannot be secured by the unaided efforts of individuals. Third, these further conditions resemble prevention of interference in that their fulfillment cannot be secured on an equitable basis for all if the state does not assume responsibility for trying to ensure their fulfillment. The argument that the state has a role to play in securing the fulfillment of the non-interference condition ought consequently to be extended to support the view that securing the fulfillment of the otherconditions of freedom of choice is also a legitimate function of the state. (shrink)

According to Libertarians, the freedom of individuals to make crucial lifeshaping choices is effectively and adequately protected if other individuals and agenciesrefrain from interfering with their freedom and if the state takes steps to ensure that such interference is either prevented or punished. This paper presents a “Liberal” critique of this position, in three stages. First, prevention of interference is only one of several conditions that must be fulfilled if an individual’s lot in life is to be legitimately traceable to (...) his or her choices. Second, the additional conditions resemble prevention of interference in that their fulfillment cannot be secured by the unaided efforts of individuals. Third, these further conditions resemble prevention of interference in that their fulfillment cannot be secured on an equitable basis for all if the state does not assume responsibility for trying to ensure their fulfillment. The argument that the state has a role to play in securing the fulfillment of the non-interference condition ought consequently to be extended to support the view that securing the fulfillment of the otherconditions of freedom of choice is also a legitimate function of the state. (shrink)

In his recent book Rescuing Justice and Equality (Harvard University Press, 2008), G. A. Cohen returns to the defense of his critique of the Rawlsian doctrine of the “basic structure as subject.” This doctrine provides the centerpiece of what Rawls has to say about the domain of distributive justice—that is, about the sorts of things judgments of distributive justice are about and about the ways in which these judgments are interconnected. From the extensiveness of Cohen’s critique of this doctrine, it (...) seems clear that he wants to take a very different view of the boundaries and contours of this domain. However, despite the characteristic clarity and precision with which he describes the Rawlsian doctrine and despite the trenchancy of his criticisms, it is still a matter of some difficulty determining the respects in which he and Rawls are actually in disagreement. (shrink)

In his recent book Rescuing Justice and Equality (Harvard University Press, 2008), G. A. Cohen returns to the defense of his critique of the Rawlsian doctrine of the “basic structure as subject.” This doctrine provides the centerpiece of what Rawls has to say about the domain of distributive justice—that is, about the sorts of things judgments of distributive justice are about and about the ways in which these judgments are interconnected. From the extensiveness of Cohen’s critique of this doctrine, it (...) seems clear that he wants to take a very different view of the boundaries and contours of this domain. However, despite the characteristic clarity and precision with which he describes the Rawlsian doctrine and despite the trenchancy of his criticisms, it is still a matter of some difficulty determining the respects in which he and Rawls are actually in disagreement. (shrink)

In opposition to the instrumental doctrine of rationality, I argue that the rationality of the end served by a strategy is a necessary condition of the rationality of the strategy itself: means to ends cannot be rational unless the ends are rational. First, I explore cases-involving ‘proximate’ ends — where even instrumentalists must concede that the rationality of a strategy presupposes the rationality of the end it serves. Second, I draw attention to the counter-intuitive consequences — in cases involving ‘non-proximate’ (...) ends — of substituting questions about de facto ends for questions about the rationality of ends. Third, I argue-against Nozick — that it is a mistake to suppose that the only question dividing instrumentalists from non-instrumentalists is whether the instrumental doctrine needs supplementation. Finally, I try to show that questions about the rationality of ends need not be viewed as impossibly daunting. (shrink)

Journal of Social Philosophy, EarlyView.

Without attempting a full-scale definition of “terrorism,” I assume that terrorist acts are politically motivated, that the political goals of terrorists are both diverse and a “mixed bag,” that terrorist acts inflict deliberate harm on innocent civilians, and that they are therefore to be condemned even when the goals they ostensibly serve are defensible goals. The various versions of the “root causes” argument seek to explain the phenomenon of terrorism, not to justify it. Nevertheless, anti-terrorism strategists must take these explanations (...) seriously and be prepared to adopta suitably broad view of the causal factors that may be involved. Exclusive concentration on the motives of terrorists is a mistake. Also important, for example, are the attitudes of members of populations in which there is sympathy for the goals of terrorists without any endorsement of their methods. (shrink)

Without attempting a full-scale definition of “terrorism,” I assume (for the purposes of the argument of the paper) (1) that terrorist acts are politically motivated, (2) that the political goals of terrorists are both diverse and (morally) a “mixed bag,” (3) that terrorist acts inflict deliberate harm on innocent civilians, and (4) that they are therefore to be condemned even when the goals they ostensibly serve are defensible goals. The various versions of the “root causes” argument seek to explain the (...) phenomenon of terrorism, not to justify it. Nevertheless, anti-terrorism strategists must take these explanations seriously and be prepared to adopta suitably broad view of the causal factors that may be involved. Exclusive concentration on the motives of terrorists is a mistake. Also important, for example, are the attitudes of (nonterrorist) members of populations in which there is sympathy for the goals of terrorists without any endorsement of their methods. (shrink)

Under the first-past-the-post electoral system that is still deeply entrenched in such democracies as Canada and the United States, it is not at all uncommon in a provincial, state, or federal election for there to be a striking lack of correspondence between the share of the seats a political party is able to win and its share of the popular vote. From the standpoint of the democratic ideal what is morally unacceptable about this system is that the right to vote (...) it confers on members of the electorate is not a defensible instantiation of the fundamental right citizens have to participate on terms of equality in the collective decision-making processes that help to determine their options in life. Three common attempts by defenders of the system to shield it from this objection are considered and rejected. (shrink)

Under the first-past-the-post electoral system that is still deeply entrenched in such democracies as Canada and the United States, it is not at all uncommon in a provincial, state, or federal election for there to be a striking lack of correspondence between the share of the seats a political party is able to win and its share of the popular vote. From the standpoint of the democratic ideal what is morally unacceptable about this system is that the right to vote (...) it confers on members of the electorate is not a defensible instantiation of the fundamental right citizens have to participate on terms of equality in the collective decision-making processes that help to determine their options in life. Three common attempts by defenders of the system to shield it from this objection are considered and rejected. (shrink)

I argue that a reasonably comprehensive doctrine of human rights can be reconciled with at least a good deal of diversity in cultural belief and practice. The reconciliation cannot be achieved by trying to show that there is in fact a cross-cultural consensus about the existence of human rights, partly because no valid inference to the normative status of human rights can be drawn from the existence of such a consensus. However, by highlighting the premises rather than the conclusions of (...) normatively persuasive arguments for human rights, I argue that a reasonably comprehensive doctrine of universal human rights can be squared with what is known about the diversity of cultural beliefs and practices. This is because the (empirically plausible) denial that there is in fact a cross-cultural consensus about the existence of human rights can go hand-in-hand with cross-cultural endorsement of the normative considerations that underpin human rights doctrine. (shrink)

I argue that a reasonably comprehensive doctrine of human rights can be reconciled with at least a good deal of diversity in cultural belief and practice. The reconciliation cannot be achieved by trying to show that there is in fact a cross-cultural consensus about the existence of human rights, partly because no valid inference to the normative status of human rights can be drawn from the existence of such a consensus. However, by highlighting the premises rather than the conclusions of (...) normatively persuasive arguments for human rights, I argue that a reasonably comprehensive doctrine of universal human rights can be squared with what is known about the diversity of cultural beliefs and practices. This is because the (empirically plausible) denial that there is in fact a cross-cultural consensus about the existence of human rights can go hand-in-hand with cross-cultural endorsement of the normative considerations that underpin human rights doctrine. (shrink)

The claim that similarity plays a role in representation has been philosophically discredited. Psychologists, however, routinely analyse the success of mental representations for guiding behaviour in terms of a similarity between representation and the world. I provide a foundation for this practice by developing a philosophically responsible account of the relationship between similarity and representation in natural systems. I analyse similarity in terms of the existence of a suitable homomorphism between two structures. The key insight is that by restricting attention (...) to only those homomorphisms induced by causal processes, we can solve two philosophical problems with a single assumption. First, causal structure provides an adequate source for the bias required to ensure the similarity relation is non-trivial; second, it provides an adequate source for the directionality required to move from similarity to representation. I defend this account against objections by Goodman and van Fraassen and demonstrate that it is indeed the account of similarity’s role in representation assumed by psychological practice. (shrink)

The lore is that standard information theory provides an analysis of information quantity, but not of information content. I argue this lore is incorrect, and there is an adequate informational semantics latent in standard theory. The roots of this notion of content can be traced to the secret parallel development of an information theory equivalent to Shannon’s by Turing at Bletchley Park, and it has been suggested independently in recent work by Skyrms and Bullinaria and Levy. This paper explicitly articulates (...) the semantics latent in information theory and defends it as an adequate theory of information content, or natural meaning. I argue that this theory suggests a new perspective on the classic misrepresentation worry for correlation-based semantics. (shrink)

Timbre is that property of a sound that distinguishes it other than pitch and loudness, for instance the distinctive sound quality of a violin or flute. While the term is obscure, the concept has played an important, implicit role in recent philosophy of sound. Philosophers have debated whether to identify sounds with properties of waves, events, or objects. Many of the intuitive considerations in this debate apply most clearly to timbre qualities. Two prominent forms of timbre physicalism have emerged: one (...) identifying timbre with the spectral composition of proximal waves; the second identifying timbre with the mechanical vibrations at a sound source. I demonstrate that the first possibility is conceptually unsatisfying, while the second fails to meet the standards of rigor established by the color physicalism literature. One response to these worries might be to adopt a more modest, non-reductive realism about timbre, such as the ecological view of J. J. Gibson. (shrink)

Several strands of contemporary cognitive science and its philosophy have emerged in recent decades that emphasize the role of action in cognition, resting their explanations on the embodiment of cognitive agents, and their embedding in richly structured environments. Despite their growing influence, many foundational questions remain unresolved or underexplored for this cluster of proposals, especially questions of how they can be extended beyond straightforwardly visuomotor cognitive capacities, and what constraints the commitment of embodiment places on the ontology of explanations. This (...) special issue aims to contribute to these foundational debates by drawing on important precursors to embodied cognition in mid-twentieth century gestalt psychology, its immediate successor ecological psychology, and their dialectical counterpart, phenomenology. Gestalt psychologists and phenomenologists wrestled with many of the same foundational questions that still haunt us today, in a manner that seems refreshing in hindsight, and poised to contribute constructively to contemporary debate. Looking back on this history reveals deep commonalities across competing embodied approaches, exposing fundamental tensions that remain unresolved, but also paving the way to a more ecumenical and conciliatory embodied cognitive science. (shrink)

This paper outlines and defends a novel position in the color realism debate, namely structural realism. This position is novel in that it dissociates the veridicality of color attributions from the claim that physical objects are themselves colored. Thus, it is realist about color in both the semantic and epistemic senses, but not the ontic sense. The generality of this position is demonstrated by applying it to other “secondary qualities,” including heat, musical pitch, and odor. The basic argument proceeds by (...) analogy with the theory of measurement. I argue that perceptual experiences are analogous to numerical structures in that they are suitable for measurement, but only report measured values after they have been linked to states of a measurement device via calibration. Since the calibration of our sensory apparatus varies with context, it is inappropriate to identify specific experiences with specific properties in the world. Rather, it is structural relations between possible experiences which represent relations between possible external properties, and it is at the level of these structural relationships that veridicality is appropriately assessed. (shrink)

Mechanistic explanation involves the attribution of functions to both mechanisms and their component parts, and function attribution plays a central role in the individuation of mechanisms. Our aim in this paper is to investigate the impact of a perspectival view of function attribution for the broader mechanist project, and specifically for realism about mechanistic hierarchies. We argue that, contrary to the claims of function perspectivalists such as Craver, one cannot endorse both function perspectivalism and mechanistic hierarchy realism: if functions are (...) perspectival, then so are the levels of a mechanistic hierarchy. We illustrate this argument with an example from recent neuroscience, where the mechanism responsible for the phenomenon of ephaptic coupling cross-cuts the more familiar mechanism for synaptic firing. Finally, we consider what kind of structure there is left to be realist about for the function perspectivalist. (shrink)

Psychophysics measures the attributes of perceptual experience. The question of whether some of these attributes should be interpreted as more fundamental, or “real,” than others has been answered differently throughout its history. The operationism of Stevens and Boring answers “no,” reacting to the perceived vacuity of earlier debates about fundamentality. The subsequent rise of multidimensional scaling (MDS) implicitly answers “yes” in its insistence that psychophysical data be represented in spaces of low dimensionality. I argue the return of fundamentality follows from (...) a trend toward increasing epistemic humility. Operationism exhibited a kind of hubris in the constitutive role it assigned to the experimenter’s presuppositions that is abandoned by the algorithmic methods of MDS. This broad epistemic trend is illustrated by following the trajectory of research on a particular candidate attribute: tonal volume. (shrink)

Early psychophysical methods as codified by Fechner motivate the development of quantitative theories of subjective experience. The basic insight is that just noticeable differences between experiences can serve as units for measuring a sensory domain. However, the methods described by Fechner tacitly assume that the experiences being investigated can be linearly ordered. This assumption is not true for all sensory domains; for example, there is no trivial linear order over all possible color sensations. This paper discusses key developments in the (...) history of psychophysical methods for measuring color experience. In particular, a clear distinction between topological and metrical structure allowed Helmholtz to use opponent colors as a standard for measuring the gross structure of color space. Once this gross structure had been determined, lines through color space could be defined and Fechner-style methods employed for determining local structure. Extensions of these methods due to Wright, MacAdam, and others provide detailed evidence for the degree of agreement in the qualities of color experience across individuals. This allows a precise statement of the evidential support for the claim that your experience of color and mine are the same. (shrink)

How can mathematical models which represent the causal structure of the world incompletely or incorrectly have any scientific value? I argue that this apparent puzzle is an artifact of a realist emphasis on representation in the philosophy of modeling. I offer an alternative, pragmatic methodology of modeling, inspired by classic papers by modelers themselves. The crux of the view is that models developed for purposes other than explanation may be justified without reference to their representational properties.

The Doctrine of Specific Nerve Energies has been and continues to be enormously influential in the physiology, psychology, and philosophy of perception. In simple terms, the Doctrine states that we directly perceive in the first instance the activity of our nerves, rather than properties in the external world. The canonical early statement of the Doctrine by the physiologist Johannes Peter Müller had profound influence on both the phi- losophy and psychology of the 19th and early 20th centuries, especially as reformulated (...) and transmitted by Müller’s student Helmholtz. A common assumption of historical and ongoing debate about the Doctrine has been its supposedly idealist or skeptical implications. What is not commonly recognized is that Müller himself ad- vanced a realist interpretation along lines that would be recognized today as a form of epistemic structural realism. This paper analyzes Müller’s structuralist epistemology in detail and reconstructs his articulation and defense of the Doctrine of Specific Nerve Energies in its canonical form. Part II argues for the continued im- portance of the Doctrine and its structuralist interpretation for contemporary psychology, philosophy of per- ception, and history of philosophy of science. (shrink)

Recent philosophy of measurement has emphasized the existence of both diachronic and synchronic “loops,” or feedback processes, in the epistemic achievements of measurement. A widespread response has been to conclude that measurement outcomes do not convey interest-independent facts about the world, and that only a coherentist epistemology of measurement is viable. In contrast, I argue that a form of measurement realism is consistent with these results. The insight is that antecedent structure in measuring spaces constrains our empirical procedures such that (...) successful measurement conveys a limited, but veridical knowledge of “fixed points,” or stable, interest- independent features of the world. (shrink)

This paper examines the implications of the Doctrine of Specific Nerve Energies for contemporary philosophy and psychology. Part I analyzed Johannes Peter Muller’s canonical formulation of the Doctrine, arguing that it follows from empirical results combined with methodological principles. Here, I argue that these methodological principles remain valid in psychology today, consequently, any naturalistic philosophy of perception must accept the Doctrine’s skeptical conclusion, that the qualities of our perceptual experience are not determined by, and thus do not reveal the nature (...) of, their causes in the world. Nevertheless, this does not mean that we must be global skeptics; rather, I argue that contemporary epistemology of perception should embrace Muller’s own response to the Doctrine: epistemic structural realism. As articulated by Muller’s student, Helmholtz, structural realism follows from the Doctrine once we recognize that active exploration constitutes part of the mechanism that determines perceptual experience, a view congenial to contemporary theories of embodied perception in cognitive science. Structural realists in philosophy of science should likewise heed the lessons of the Doctrine, as it played a critical part in the early history of their view, and may still serve a constructive role as exemplar today. (shrink)