The luck egalitarian view famously maintains that inequalities in individuals’ circumstances are unfair or unjust, whereas inequalities traceable to individuals’ own responsible choices are fair or just. On this basis, the distinction between so-called brute luck and option luck has been seen as central to luck egalitarianism. Luck egalitarianism is interpreted, by advocates and opponents alike, as a view that condemns inequalities in brute luck but permits inequalities in option luck. It is also thought to be expressed in terms of (...) the view that no individual ought to be worse off other than because of a fault or choice of his or her own. I argue that these two characterizations of luck egalitarianism are not equivalent and that, properly understood, luck egalitarianism is compatible with widespread, potentially radical, inequalities in brute luck. (shrink)

One of the foremost egalitarian theories in recent years, luck egalitarianism, has recently been subjected to the charge that it is in fact incoherent. This charge is brought by David Miller who highlights two dimensions of luck egalitarianism: on the one hand a commitment to the justice of certain inequalities arising from responsible choices; on the other a commitment to injustice of brute inequalities. The putative incoherence emerges in cases where the inequalities that justice requires on the basis of individuals' (...) responsible choices also entail brute luck inequalities for which there are the very same grounds of justice to condemn. Here I argue that the charge of incoherence against luck egalitarianism fails. In service of this I clarify the quite specific sense in which luck egalitarianism requires inequalities and demonstrate the coherence of this with its condemnation of other inequalities. (shrink)

The paper offers to substantiate a claim about the so-called Meritocratic Conception of how educational opportunities ought to be distributed. Such a conception holds an individual’s prospects for educational achievement may be a function of that individual’s talent or effort levels but should not be influenced by their social class background. The paper highlights the internal tension in the Meritocratic Conception between on the one hand a prohibition on the influence of social class on educational opportunities and on the other (...) a permission to allow unequal educational opportunities on the basis of talent and effort. This tension obtains because individuals’ talent and effort are themselves subject to influence by social class. The paper makes a positive case for an interpretation of the Meritocratic Conception that resolves this tension in favour of an egalitarian version, such that social class represents an objectionable determinant of unequal educational prospects even when its influence is mediated through the cultivation of talent and effort. This argument is further supported through an explanation that the character of social class as a systemic social source of the structure of individuals’ opportunities makes it an objectionable influence on educational opportunities. (shrink)

Much of the popular debate that surrounds no platforming centres on its putatively corrosive impact on free speech. This is apt to give a misleading picture of the particular puzzle that no platforming presents. Focusing on the university specifically, I contend that no platforming is distinctively objectionable not because it necessarily runs counter to general free speech values but when and because it is inconsistent with principles of academic freedom. This is because it conflicts with the status of members of (...) the academy as those with the legitimacy to determine the appropriate bounds of free inquiry within the university. No platforming is objectionable insofar as it undercuts the authority of academic faculty in determining which speech, and by whom, is consistent with its purpose as an academic institution. Existing debates over no platforming have been too focused on which views are (or are not) given a platform and insufficiently attentive to the question of who decides who or what to platform. On the view defended here, no platforming by students is objectionable because, under principles of academic freedom, they should not be included in the constituency with the right to constrain the platforming of others. (shrink)

Recent literature on responsibility-sensitive egalitarianism has suggested that an opposition to unchosen inequality on the grounds of unfairness is compatible with a range of accounts as to which inequalities are fair. I argue that forms of responsibility-sensitive egalitarianism face a challenge in the construction of such accounts; namely to explain the fairness of such inequalities specifically, as opposed to their being merely justified in a broader sense. I illustrate the nature of this challenge through an interesting parallel with an issue (...) in value theory in the form of the so-called ‘wrong kind of reason’ problem. (shrink)

The article responds to an influential critique of the view that there is a conceptual distinction between kinds of liberty. The critique in question began with Gerald MacCallum Jr’s famous argument that liberty is a single concept that has a triadic structure between agent, constraint, and end. Against this view, the article argues that the triadic structure offered by MacCallum is unable to conceptualize a particular distinct understanding of liberty. Following Charles Taylor, the article defends the view that there is (...) a distinct ‘exercise-concept’ of liberty that the triadic structure cannot account for. In support of this claim, the article contests a recent argument that an exercise-concept of liberty can be conceptualized in terms of the triadic structure. The article argues that the triadic framework can only conceptualize an exercise-concept of liberty at the cost of abandoning the substance of that framework. To defend this, the article explains that the triadic structure and an exercise-concept are basically conceptually distinct in virtue of the fact that the former embodies a ‘static’ concept, whereas the latter embodies a ‘dynamic’ one. To complete the argument that an exercise-concept is a distinct concept of liberty, the article articulates a common theme that unifies both the triadic structure and an exercise-concept as concepts of liberty. (shrink)

A commitment to holding persons responsible for the consequences of their choices has come to find a central expression in certain popular liberal egalitarian views. However, the basis for their commitment to responsibility remains imprecisely understood. Specifically, there is a failure to distinguish between two distinct grounds for holding persons responsible for the consequences of their choices. On the one hand there is a fairness-type basis for responsibility – that an agent’s being better or worse off than others in virtue (...) of their own choice renders that inequality fair, on the other hand an importantly distinct cost-internalisation-type basis for responsibility – that an agent’s being better or worse off than others in virtue of their own choice is just because others have entitlements against certain costs being imposed upon them. This distinction is illuminated by a debate in which issues of egalitarian responsibility figure prominently; namely the debate concerning procreative justice. (shrink)

One of the most powerful arguments against state regulation of expression has, in recent years, been presented in a reinvigorated and developed form. The argument in question maintains that state regulation of expression undercuts the legitimacy of the law because it involves the suppression of a source of democratic contestation. The paper distinguishes between three importantly different versions of this legitimacy argument that existing work fails to clearly separate. Doing so is important because different forms of the legitimacy argument are (...) supported by different considerations, vulnerable to different objections, and have different implications. Further, the paper levels two serious objections to legitimacy arguments against hate speech regulation. Firstly, it offers a consolidated defence of an extant rejoinder to the legitimacy argument, based on the claim that some person’s speech can ‘silence’ the expression of others. Secondly, the paper challenges the claim that the regulation of hate speech is necessarily viewpoint discriminatory. (shrink)

The luck egalitarian view famously maintains that inequalities in individuals' circumstances are unfair, whereas inequalities traceable to individuals' own responsible choices are fair. There is, however, an important question about the inequality justifying power of responsible choice where choices are made in circumstances of existing unfair inequality. This paper considers a luck egalitarian answer to this question which holds that individuals are fairly held liable for disadvantages resulting from their choices unless that disadvantage would have been avoided under circumstances of (...) fair equality. The paper argues that this counterfactual account faces multiple serious problems, rendering it a tool of only limited use for the luck egalitarian. (shrink)

An important question in recent work in political philosophy concerns whether facts about individuals’ motivational deficiencies are facts to which principles of justice are sensitive. In this context, David Estlund has recently argued that the difficulties individuals’ face in motivating themselves to act do not affect the content of normative principles that apply to them. Against Estlund, the paper argues that in principle the motivational difficulties individuals face can affect the content of normative principles that apply to them. This argument (...) is made with reference to so-called Agent-Centred Prerogatives. The paper argues that because the limits on human motivational capacities can affect the extent to which it is burdensome to do something, those limits also impact on the nature of justified Agent-Centred Prerogatives. If Agent-Centred Prerogatives to depart from a putative normative principle depend on the burdensomeness of complying with that requirement, human motivational capacities can affect which normative principles apply. (shrink)

It is widely supposed that every entity falls into one of twocategories: Some are concrete; the rest abstract. The distinction issupposed to be of fundamental significance for metaphysics andepistemology. This article surveys a number of recent attempts to sayhow it should be drawn.

Region R Question: How many objects — entities, things — are contained in R? Ignore the empty space. Our question might better be put, 'How many material objects does R contain?' Let's stipulate that A, B and C are metaphysical atoms: absolutely simple entities with no parts whatsoever besides themselves. So you don't have to worry about counting a particle's top half and bottom half as different objects. Perhaps they are 'point-particles', with no length, width or breadth. Perhaps they are (...) extended in space without possessing spatial parts (if that is possible). Never mind. We stipulate that A, B and C are perfectly simple. We also stipulate that they are connected as follows. A and B are stuck together in such a way that when a force is applied to one of them, they move together 'as a unit'. Moreover, the two of them together exhibit behavior that neither would exhibit on its own — Perhaps they emit a certain sound, or glow in the dark — whereas C is.. (shrink)

Alan Weir: Quine's Naturalism: Starting with the distinction between epistemological and ontological naturalism, this chapter focuses most on Quine's epistemological naturalism, not the ontological anti‐naturalism he thought it leads to. It is argued that naturalized epistemology is not central to Quine's epistemology. Quine's key epistemological principle is: follow the methods of science, and only those. Can Quine demarcate scientific methods from non‐scientific ones? The problems which have been raised here, for example in the case of mathematics, are considered. A main (...) theme is the relationship between Quine's naturalism and reductionist forms of “scientistic” naturalism. Quine is generally taken to be an anti‐reductionist, unsurprisingly given his explicit anti‐reductionist pronouncements from “Two Dogmas” onward. It is argued that the situation is more complex than this and that key Quinean arguments are driven by a positivistic reductionism he never entirely broke free from. (shrink)

Is liberalism adaptable enough to the ecological agenda to deal satisfactorily with the challenges of anthropogenic climate change while leaving its normative foundations intact? Compatibilists answer yes; incompatibilists say no. Comparing such answers, this article argues that it is not discrete liberal principles which impede adapatability, so much as the constructivist model (exemplified in Rawls) of what counts as a valid normative principle. Constructivism has both normative and ontological variants, each with a realist counterpart. I argue that normative constructivism in (...) the Rawlsian mode, whatever its strengths elsewhere, is markedly ill‐equipped to deal with the particular normative challenges posed by climate change – and that that these doubts holds regardless of which stance is adopted as its ontological corollary. (shrink)

This book tracks the emergence of the modern Japanese nation in the nineteenth century through the history of some of its local aspirants. It explores how kokugaku (Japan studies) scholars envisioned their place within Japan and the globe, while living in a castle town and domain far north of the political capital.

1. At its core, education is characterized by a preoccupation with the future. Despite the notable lack of agreement concerning the aims of education (e.g., social mobility, personal development, w...

Metaphysicians of Meaning is the first book to challenge the accepted understanding of Russell's On Denoting and Frege's On Sense and Reference . Makin compares the work Russell did shortly before his famous essay "On Denoting" with the essay itself and argues that this comparison shows that the traditional view of the problem Russell was trying to solve is untenable. He then examines Frege's classic essay and argues that some of the less well-known views that Frege held have radical implications (...) for our understanding of this essay. (shrink)

Is liberalism adaptable enough to the ecological agenda to deal satisfactorily with the challenges of anthropogenic climate change while leaving its normative foundations intact? Compatibilists answer yes; incompatibilists say no. Comparing such answers, this article argues that it is not discrete liberal principles which impede adapatability, so much as the constructivist model (exemplified in Rawls) of what counts as a valid normative principle. Constructivism has both normative and ontological variants, each with a realist counterpart. I argue that normative constructivism in (...) the Rawlsian mode, whatever its strengths elsewhere, is markedly ill‐equipped to deal with the particular normative challenges posed by climate change – and that that these doubts holds regardless of which stance is adopted as its ontological corollary. (shrink)

Yeshayahu Leibowitz (1903–1994) was an Israeli philosopher and scientist. For decades, his thinking and persona were the embodiment of a Judaism in Israel. Getting to know him is getting to know a great Israeli thinker and also invites a window into the life of Israel and its problems.

When a person acts from ignorance, he is culpable for his action only if he is culpable for the ignorance from which he acts. The paper defends the view that this principle holds, not just for actions done from ordinary factual ignorance, but also for actions done from moral ignorance. The question is raised whether the principle extends to action done from ignorance about what one has most reason to do. It is tentatively proposed that the principle holds in full (...) generality. (shrink)

The paper examines the conditions under which we are responsible for actions performed under duress, focusing on a real case in which a soldier was compelled at gunpoint to participate in the massacre of civilian prisoners. The case stands for a class of cases in which the compelled act is neither clearly justified nor clearly excused on grounds of temporary incapacity, but in which it is nonetheless plausible that the agent is not morally blameworthy. The theoretical challenge is to identify (...) the excuse in such cases and to explain its basis. The paper argues that when mortal duress excuses in cases of this sort, it does so because the compelled act, though impermissible and freely chosen, nonetheless fails to manifest ‘an insufficiently good will’. The argument depends on a potentially controversial thesis in the ethics of concern, namely, that a thoroughly decent moral agent—someone who cares enough about morality and the values that underlie it—will not always be moved to do what he knows he ought to do. (shrink)

On October 27, 1991, a Jewish woman named Rachel Drouk, a settler in the West Bank, was killed by Palestinian Intifada fighters. Twenty-five women spontaneously gathered at the site of the murder and held a vigil—a vigil that eventually developed into a protest settlement. The women, all of whom were married mothers, presented their initiative in maternal narratives: grounds, motives, and justifications for the act, and targets and anticipations were all related to the practice of care. This article conducts an (...) artificial dialogue between the women's discourse and Ruddick's theory of maternal thinking, enabling deconstruction of the former and a critique of the theory of care. (shrink)

The question of nihilism is always a question of truth. It is a crisis of truth that causes the experience of the nothingness of existence. What elevated truth to this existential position? The answer is: philosophy. The philosophical will to truth opens the door to nihilism, since it both makes identifying truth the utmost aim and yet continually calls it into question. Baker develops the central insight that the crises of truth and of existence, or 'loss of world', that occur (...) within nihilistic thought are inseparable, in a wide-ranging study from antiquity to the present, from ancient Cynics, St Paul, Nietzsche, Heidegger, Foucault, Agamben, and Badiou. Baker contends that since nihilism is always a question of the relation to the world occasioned by the philosophical will to truth, an answer to nihilism must be able to propose a new understanding of truth. (shrink)

This book provides an accessible introduction to spiritually-sensitive psychoanalysis, an analytic tradition characterized by sensitivity to the spiritual and religious dimensions of human life and oriented toward spiritual growth. Psychoanalysis has historically evinced severe suspicion to all ideas and ideals of religion and spirit. However, in recent years a new analytic approach is emerging, which recognizes faith and spirituality as crucial parts of a full, satisfying psychic life. This book explores the unique ways in which this approach refers to and (...) understands core analytic issues such as transference, interpretation, psychopathology, and psychic development. It goes on to expound the approach's understanding of the analytic relationship and the way it influences the spiritual person. It also discusses the tensions arising between this emerging school of thought and the existing body of psychoanalytic knowledge. Discussing freely and deeply its spiritual aspects and aspirations will enlighten analysts new to the emerging spiritually-sensitive tradition, as well as those who are more familiar with it, and who are looking for a comprehensive description of this fresh approach to analysis. (shrink)

The fair use doctrine is at once the most significant and the most problematic qualification of the copyright owner's right to exclusivity. An affirmative defense against copyright liability, the fair use doctrine legitimates certain unauthorized reproductions of copyrighted materials that would otherwise be regarded as copyright infringements. Notwithstanding its importance, “fair use” continues to be “the most troublesome [doctrine] in the whole law of copyright.” Throughout its long history, neither courts nor legislatures have provided a useful definition of “fair use” (...) nor have they adumbrated its objectjves. Since the doctrine's inception over two and a half centuries ago, courts and legislatures have attempted to formulate, explicate, refine, and revamp the fair use doctrine. Generally, these efforts have proven unfruitful. At best, they have resulted in various formulations of how to approach fair use questions that offer courts and users of copyrighted works scant guidance on how fair use should be recognized. All this would not have been of grave concern had judges shared a common understanding of fair use or of the principles that should guide them in deciding fair use cases. The problem is that they do not. Rather, the case law reflects wdely divergent notions of the concept of fair use. The lack of consensus is best witnessed in the multiple reversals and divided courts that have become the hallmark of fair use litigation. (shrink)

In this Article we explore the evolution of property law and examine the applicability of the prevailing accounts according to which property institutions oscillate between the extreme points of open access and private property. We show that the evolution of property is a much more nuanced process, shaped by the interplay of the following three dimensions: number of owners, extent of dominion and asset configuration. Accordingly, property institutions can assume a myriad of positions along the aforementioned dimensions in response to (...) the constant change in exclusion and management costs. We demonstrate our theory by discussing examples of three dimensional adjustments of real, personal and intellectual property. (shrink)

Edited by a team of four leading philosophers, The Norton Introduction to Philosophy introduces students to contemporary perspectives on major philosophical issues and questions. This text features an impressive array of readings, including 25 specially-commissioned essays by prominent philosophers. A student-friendly presentation, a handy format, and a low price make The Norton Introduction to Philosophy as accessible and affordable as it is up-to-date.