In this paper I discuss Heck�s (2007) new argument for content dualism. This argument is based on the claim that conceptual states, but not perceptual states, meet Evans�s Generality Constraint. Heck argues that this claim, together with the idea that the kind of content we should attribute to a mental state depends on which generalizations the state satisfies, implies that conceptual states and perceptual states have different kinds of contents. I argue, however, that it is unlikely that there is a (...) plausible reading of the Generality Constraint under which it is non-trivially true both that conceptual states meet it and that perceptual states do not. Therefore, the soundness of Heck�s argument is dubious. (shrink)

In this paper I argue, against recent claims by Bermúdez and Toribio , that within the debate about whether perceptual experiences are nonconceptual, ‘state nonconceptualism’ can be a coherent and plausible position. In particular, I explain that state nonconceptualism and content nonconceptualism, when understood in their most plausible and motivated form, presuppose different notions of content. I argue that state nonconceptualism can present a plausible way of unpacking the claim that perceptual experiences are nonconceptual once the notion of content it (...) should presuppose is taken into account; and once this notion of content is clearly distinguished from the one usually presupposed by content nonconceptualism, the criticisms that Bermúdez and Toribio place against state nonconceptualism become ineffective. (shrink)

In this paper I defend the claim that concepts are not public. I argue that two of the main constraints for theories of concepts, namely (1) that concepts are public and (2) that they serve to explain Frege Cases, are in tension. (1) requires concepts to be individuated coarsely, while (2) requires ..

In this paper I discuss Heck's new argument for content dualism. This argument is based on the claim that conceptual states, but not perceptual states, meet Evans's Generality Constraint. Heck argues that this claim, together with the idea that the kind of content we should attribute to a mental state depends on which generalizations the state satisfies, implies that conceptual states and perceptual states have different kinds of contents. I argue, however, that it is unlikely that there is a plausible (...) reading of the Generality Constraint under which it is non-trivially true both that conceptual states meet it and that perceptual states do not. Therefore, the soundness of Heck's argument is dubious. En este artículo discuto el nuevo argumento de Heck en favor del dualismo de contenido. Este argumento se basa en la afirmación de que los estados conceptuales, pero no los perceptuales, cumplen con el Requisito de Generalidad de Evans. Heck argumenta que esta afirmación, junto con la idea de que el tipo de contenido que debemos atribuir a un estado mental depende de las generalizaciones que el estado satisface, implica que los estados conceptuales tienen un tipo de contenido diferente del de los estados perceptuales. Yo argumento, sin embargo, que es poco probable que haya una interpretación convincente del Requisito de Generalidad según la cual sea verdadero pero no trivial tanto que los estados conceptuales lo satisfacen como que los perceptuales no. Por lo tanto, la solidez del argumento de Heck es dudosa. (shrink)

Dentro de las posturas que consideran que los animales tienen estatus moral, hay dos tipos de posturas: las que consideran que los animales tienen el mismo estatus moral que los humanos, y las que consideran que los animales tienen menos estatus moral que los humanos. En este artículo argumento que ambos tipos de posturas son práctica y teóricamente equivalentes. En primer lugar, argumentaré que dichas posturas no hacen ninguna diferencia práctica, en tanto desde ellas pueden justificarse los mismos juicios morales. (...) En segundo lugar, argumentaré que, aunque superficialmente pareciera que los mismos juicios morales se justifican de distinta manera desde cada tipo de postura, haciendo un análisis más profundo puede verse que esto no es el caso. De este modo, tampoco hay una diferencia teórica sustancial entre los dos tipos de posturas. Por lo tanto, estos dos tipos de posturas no constituyen diferentes opciones en la defensa de los derechos de los animales. (shrink)

Since its introduction by Evans , the generality constraint has been invoked by various philosophers for different purposes. Our purpose here is, first, to clarify what precisely the GC states by way of an interpretive framework, the GC Schema, and second, to demonstrate in terms of this framework some problems that arise if one invokes the GC without clearly specifying an appropriate interpretation. By utilizing the GC Schema these sorts of problems can be avoided, and we thus propose it as (...) a tool to facilitate argumentation that appeals to the GC. (shrink)

Is democracy a requirement of justice or an instrument for realizing it? The correct answer to this question, I argue, depends on the background circumstances against which democracy is defended. In the presence of thin reasonable disagreement about justice, we should value democracy only instrumentally (if at all); in the presence of thick reasonable disagreement about justice, we should value it also intrinsically, as a necessary demand of justice. Since the latter type of disagreement is pervasive in real-world politics, I (...) conclude that theories of justice designed for our world should be centrally concerned with democracy. (shrink)

In his recent bookThe Idea of Justice, Amartya Sen suggests that political philosophy should move beyond the dominant, Rawls-inspired, methodological paradigm – what Sen calls ‘transcendental institutionalism’ – towards a more practically oriented approach to justice: ‘realization-focused comparison’. In this article, I argue that Sen's call for a paradigm shift in thinking about justice is unwarranted. I show that his criticisms of the Rawlsian approach are either based on misunderstandings, or correct but of little consequence, and conclude that the Rawlsian (...) approach already delivers much of what Sen himself wants from a theory of justice. (shrink)

A globalized world, some argue, needs a global democracy. But there is considerable disagreement about whether global democracy is an ideal worth pursuing. One of the main grounds for scepticism is captured by the slogan: “No global demos, no global democracy.” The fact that a key precondition of democracy—a demos—is absent at the global level, some argue, speaks against the pursuit of global democracy. The paper discusses four interpretations of the skeptical slogan—each based on a specific account of the notion (...) of “the demos”—and concludes that none of them establishes that the global democratic ideal must be abandoned. In so doing, the paper (i) systematizes different types of objections against global democracy, thus bringing some clarity to an otherwise intricate debate and (ii) offers a robust but qualified defense of the global democratic ideal. (shrink)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...) areas for future research in the field. (shrink)

In this article, Laura Quintana elaborates on a conceptual distinction between violence and rage. Along with this distinction, she recognises that while rage may possess a destructive potential, it can also be politicised in emancipatory practices that confront conditions of injustice and structural violence. Her analysis centers on contemporary political movements in Latin America, which she views as collective manifestations of rage. Within these movements, the manifestation of rage is intertwined with forms of care and communal labor. Quintana characterises (...) such movements as embodying a “dignified rage” (digna rabia) that calls for an emancipatory transformation of the status quo. She contends that these practices can be understood in terms of the notion of “anti-violence,” as it has been coined by Étienne Balibar. In this she diverges from Judith Butler, since, according to Quintana’s analysis, such practices challenge the demand for non-violence that has often served to neutralise the disruptive force of such manifestations and movements. (shrink)

In this article I present a disagreement between classical and constructive approaches to predicativity regarding the predicative status of so-called generalised inductive definitions. I begin by offering some motivation for an enquiry in the predicative foundations of constructive mathematics, by looking at contemporary work at the intersection between mathematics and computer science. I then review the background notions and spell out the above-mentioned disagreement between classical and constructive approaches to predicativity. Finally, I look at possible ways of defending the constructive (...) predicativity of inductive definitions. (shrink)

In this article I argue that characterizations of anger as a hostile emotion may be mistaken. My project is empirically informed and is partly descriptive, partly diagnostic. It is descriptive in that I am concerned with what anger is, and how it tends to manifest, rather than with what anger should be or how moral anger is manifested. The orthodox view on anger takes it to be, descriptively, an emotion that aims for retribution. This view fits well with anger being (...) a hostile emotion, as retribution is punitive. I will argue that a different view of anger deserves our attention. On this alternative view, anger aims for recognition of harms done, rather than for the punishment of those who have committed them. I argue that we have reason to favour a strong view that excludes retribution from anger’s main aims. In addition, I offer a diagnosis of the reasons that led the retributive view of anger to become, and remain, orthodoxy. This diagnosis provides indirect reason to give my descriptive proposal serious consideration, for it highlights that the orthodox view has dominated folk and philosophical conceptions of anger for reasons that do not speak in favour of the view’s veracity. The view that anger is a hostile emotion will therefore emerge as in need of serious scrutiny. (shrink)

Frank Jackson often writes as if his descriptivist account of public language meanings were just plain common sense. How else are we to explain how different speakers manage to communicate using a public language? And how else can we explain how individuals arrive at confident judgments about the reference of their words in hypothetical scenarios? Our aim in this paper is to show just how controversial the psychological assumptions behind in Jackson’s semantic theory really are. First, we explain how Jackson’s (...) theory goes well beyond the commonsense platitudes he cites in its defence. Second, we sketch an alternative explanation of those platitudes, the jazz model of meaning, which we argue is more psychologically realistic. We conclude that the psychological picture presupposed by Jackson’s semantic theory stands in need of a much more substantial defence than he has so far offered. (shrink)

Much contemporary political philosophy claims to be Kant-inspired, but its aims and method differ from Kant's own. In his recent book, Force and Freedom, Arthur Ripstein advocates a more orthodox Kantian outlook, presenting it as superior to dominant (Kant-inspired) views. The most striking feature of this outlook is its attempt to ground the whole of political morality in one right: the right to freedom, understood as the right to be independent of others’ choices. Is Ripstein's Kantian project successful? In this (...) research note I argue that it is not. First, I suggest that Ripstein's notion of freedom is viciously circular. It is meant to ground all rights, but in fact it presupposes an account of those rights. Second, I show that—independently of its inability to ground a whole political morality—such a moralized understanding of freedom is normatively unappealing. (shrink)

In this article, I sketch a Kant-inspired liberal account of human rights: the freedom-centred view. This account conceptualizes human rights as entitlements that any political authority—any state in the first instance—must secure to qualify as a guarantor of its subjects' innate right to freedom. On this picture, when a state (or state-like institution) protects human rights, it reasonably qualifies as a moral agent to be treated with respect. By contrast, when a state (or state-like institution) fails to protect human rights, (...) it loses its moral status and becomes liable to both internal and external interference. I argue that this account not only steers a middle course between so-called natural-law and political approaches to human rights but also satisfies three important theoretical desiderata— explanatory power, functional specificity, and critical capacity. (shrink)

Reference to the state is ubiquitous in debates about global justice. Some authors see the state as central to the justification of principles of justice, and thereby reject their extension to the international realm. Others emphasize its role in the implementation of those principles. This chapter scrutinizes the variety of ways in which the state figures in the global-justice debate. Our discussion suggests that, although the state should have a prominent role in theorizing about global justice, contrary to what is (...) commonly thought, acknowledging this role does not lead to anti-cosmopolitan conclusions, but to the defense of an “intermediate” position about global justice. From a justificatory perspective, we argue, the state remains a key locus for the application of egalitarian principles of justice, but is not the only one. From the perspective of implementation, we suggest that state institutions are increasingly fragile in a heavily interdependent world, and need to be supplemented—though not supplanted—with supranational authorities. (shrink)

Predicativity is a notable example of fruitful interaction between philosophy and mathematical logic. It originated at the beginning of the 20th century from methodological and philosophical reflections on a changing concept of set. A clarification of this notion has prompted the development of fundamental new technical instruments, from Russell's type theory to an important chapter in proof theory, which saw the decisive involvement of Kreisel, Feferman and Schütte. The technical outcomes of predica-tivity have since taken a life of their own, (...) but have also produced a deeper understanding of the notion of predicativity, therefore witnessing the " light logic throws on problems in the foundations of mathematics. " (Feferman 1998, p. vii) Predicativity has been at the center of a considerable part of Feferman's work: over the years he has explored alternative ways of explicating and analyzing this notion and has shown that predicative mathematics extends much further than expected within ordinary mathematics. The aim of this note is to outline the principal features of predicativity, from its original motivations at the start of the past century to its logical analysis in the 1950-60's. The hope is to convey why predicativity is a fascinating subject, which has attracted Feferman's attention over the years. (shrink)

The aim of this chapter is to discuss the relevance that emotions can play in our epistemic life considering the state of the art of the philosophical debate on emotions. The strategy is the one of focusing on the three main models on emotions as evaluative judgements, bodily feelings, and perceptions, following the fil rouge of emotion intentionality for rising questions about their epistemic functions. From this examination, a major challenge to mainstream epistemology arises, the one that asks to provide (...) prominence to the epistemic agent and to her affects. This chapter discusses these implications, also providing an overview of the many alternatives available nowadays in epistemology, arguing for an open, comprehensive, and interdisciplinary approach to emotions in knowledge. (shrink)

Recent work at the junction of epistemology and political theory focuses on the notion of epistemic injustice, the injustice of being wronged as a knower. Miranda Fricker (2007) identifies two kinds of epistemic injustice. I focus here on hermeneutical injustice in an attempt to identify a difficulty for Fricker's account. In particular, I consider the significance of background social conditions and suggest that an epistemic injustice should not rely on other forms of disadvantage to achieve its status as an injustice. (...) Thus reformulated, the notion of epistemic injustice can help us to achieve an even deeper understanding of the relationship between knowledge and privilege. (shrink)

A life without liberty and material resources is not a good life. Equally, a life devoid of meaningful social relationships—such as friendships, family attachments, and romances—is not a good life. From this it is tempting to conclude that just as individuals have rights to liberty and material resources, they also have rights to access meaningful social relationships. I argue that this conclusion can be defended only in a narrow set of cases. ‘Pure’ social relationship deprivation—that is, deprivation that is not (...) caused, or accompanied, by deficits in liberties and material resources— mostly generates demands of private beneficence. I suggest that social relationship deprivation is unjust, hence a rights violation, only when it is due to factors—such as one’s race—that are irrelevant to one’s being a good participant in social relationships. I thus conclude that access to meaningful social relationships is not a fundamental concern for theories of justice. (shrink)

Various philosophers authors have argued—on the basis of powerful examples—that we can have compelling moral or practical reasons to believe, even when the evidence suggests otherwise. This paper explores an alternative story, which still aims to respect widely shared intuitions about the motivating examples. Specifically, the paper proposes that what is at stake in these cases is not belief, but rather acceptance—an attitude classically characterized as taking a proposition as a premise in practical deliberation and action. I suggest that acceptance’s (...) theoretical usefulness in the ethics of belief has been hidden by its psychological obscurity. I thus aim to develop an empirically adequate and mechanistically specific psychological profile of acceptance. I characterize acceptance as centrally involving a cognitive gating function, in which we prevent a target belief state from having its characteristic downstream effects on reasoning, cognition, and action, and restructure those downstream processes. I then argue that there is substantial empirical support for the existence of the cognitive mechanisms needed to instantiate this view, coming from the science of emotion regulation. I argue that acceptance involves deploying the same mechanisms used in emotional response modulation to belief states: acceptance is doxastic response modulation. I then propose that having a better understanding of the psychological profile of acceptance leaves us better positioned to appreciate its potential usefulness for making progress on various puzzles within the ethics of belief. (shrink)

Humans can follow different social learning strategies, sometimes oriented toward the models’ characteristics. The goal of the present study was to explore which who-strategy is preferentially followed in the technological context based on the models’ psychological characteristics. We identified three potential who-strategies: Copy the pedagogue, copy the engineer, and copy the friend. We developed a closed-group micro-society paradigm in which participants had to build the highest possible towers. Participants began with an individual building phase. Then, they were gathered to discuss (...) the best solutions to increase tower height. After this discussion phase, they had to make a new building attempt, followed by another discussion phase, and so forth for a total of six building phases and five discussion rounds. This methodology allowed us to create an attraction score for each participant. We also assessed participants’ theory-of-mind skills, technical-reasoning skills, and prosocialness to predict participants’ attraction scores based on these measures. Results show that we learn from engineers because they are the most successful. Their attraction power is not immediate, but after they have been identified as attractors, their technique is copied irrespective of their pedagogy or friendliness. These findings open avenues for the study of the cognitive bases of human technological culture. (shrink)

When and why do socially constructed norms—including the laws of the land, norms of etiquette, and informal customs—generate moral obligations? I argue that the answer lies in the duty to respect others, specifically to give them what I call “agency respect.” This is the kind of respect that people are owed in light of how they exercise their agency. My central thesis is this: To the extent that (i) existing norms are underpinned by people’s commitments as agents and (ii) they (...) do not conflict with morality, they place moral demands on us on agency-respect grounds. This view of the moral force of socially constructed norms, I suggest, is superior to views that deny the moral force of such norms, and it elegantly explains certain instances of wrongdoing that would otherwise remain unaccounted for. (shrink)

In this article, I develop a new account of the liberal view that principles of justice are meant to justify state coercion, and consider its implications for the question of global socioeconomic justice. Although contemporary proponents of this view deny that principles of socioeconomic justice apply globally, on my newly developed account this conclusion is mistaken. I distinguish between two types of coercion, systemic and interactional, and argue that a plausible theory of global justice should contain principles justifying both. The (...) justification of interactional coercion requires principles regulating interstate interference; that of systemic coercion requires principles of global socioeconomic justice. I argue that the proposed view not only helps us make progress in the debate on global justice, but also offers an independently compelling and systematic account of the function and conditions of applicability of justice. -/-. (shrink)

Doxastic involuntarism—the thesis that we lack direct voluntary control (in response to non-evidential reasons) over our belief states—is often touted as philosophical orthodoxy. I here offer a novel defense of doxastic voluntarism, centered around three key moves. First, I point out that belief has two central functional roles, but that discussions of voluntarism have largely ignored questions of control over belief's guidance function. Second, I propose that we can learn much about doxastic control by looking to cognitive scientific research on (...) control over other relevantly similar mental states. I draw on a mechanistic account of control of the guidance function for “emotion-type states,” and argue that these same cognitive control mechanisms can used to block doxastic guidance. This gives us an account of “back-end” doxastic control which can be deployed for reasons which are not the right kinds of reasons to support “front-end” belief formation—i.e., non-evidential reasons. Third, I argue that comprehensive, self-directed exercises of this kind of control can amount to an underappreciated kind of voluntarism. This form of voluntarism is available to any account of belief that takes guidance-instantiation to be at least partly constitutive of believing. Finally, I discuss objections to, and upshots of, the view. (shrink)

While various definitions of moral distress have been proposed, some agreement exists that it results from illegitimate constraints in clinical practice affecting healthcare professionals’ moral agency. If we are to reduce moral distress, instruments measuring it should provide relevant information about such illegitimate constraints. Unfortunately, existing instruments fail to do so. We discuss here several shortcomings of major instruments in use: their inability to determine whether reports of moral distress involve an accurate assessment of the requisite clinical and logistical facts (...) in play, whether the distress in question is aptly characterized as moral, and whether the moral distress reported is an appropriate target of elimination. Such failures seriously limit the ability of empirical work on moral distress to foster appropriate change. (shrink)

This article provides a much‐needed review of the neural bases of implicit statistical learning. Batterink, Paller and Reber focus on the neural processes that underpin performance in experimental paradigms employed in implicit learning and statistical learning research. An important insight is that learning across all paradigms is supported by interactions between the declarative and nondeclarative memory systems of the brain. They conclude with a helpful discussion of future directions of research.

A prominent view in contemporary political theory, the ‘associative view’, says that duties of justice are triggered by particular cooperative relations between morally significant agents, and that ‘therefore’ principles of justice apply only among fellow citizens. This view has been challenged by advocates of global justice, who point to the existence of a world-wide cooperative network to which principles of justice apply. Call this the challenge from geographical extension. In this paper, I pose a structurally similar challenge to the associative (...) view: the challenge from species extension. This says that the existing network of cooperation extends beyond the human species, to encompass some non-human animals, particularly domesticated dogs. In light of this, if one believes that (i) certain non-human animals are morally significant (i.e. objects of moral concern), and that (ii) justice applies to fellow cooperators, one should also hold that domesticated dogs are owed justice in much the same way our human fellow citizens are. I conclude by considering the implications of this argument for the associative view, and animal-rights theory. (shrink)

Which standards should we employ to evaluate the global order? Should they be standards of justice or standards of legitimacy? In this article, I argue that liberal political theorists need not face this dilemma, because liberal justice and legitimacy are not distinct values. Rather, they indicate what the same value, i.e. equal respect for persons, demands of institutions under different sets of circumstances. I suggest that under real-world circumstances – characterized by conflicts and disagreements – equal respect demands basic-rights protection (...) and democratic participation, which I here call ‘political justice’. I conclude the article by considering three possible configurations of the global order – the ‘democratic world-state’, ‘independent democratic states’, and ‘mixed’ models – and argue that a commitment to political justice speaks in favour of the latter. (shrink)

Los autores que dialogan en el número 27 de Ístmica con sus respectivos cuentos; el guatemalteco Francisco Alejandro Méndez y el costarricense Iván Molina Jiménez, han encontrado maneras subrepticias y transtemporales de erizarnos la piel a través de la narrativa que nos ofrecen en esta edición. Méndez (1964), es periodista, crítico literario, catedrático universitario y reconocido escritor del istmo, quien obtuvo el Premio Nacional de Literatura de Guatemala en el 2017. Ha publicado los siguientes libros de novela y cuento: Graga (...) y otros cuentos (Editorial Serviprensa Centroamericana, Guatemala, 1991), Manual para desaparecer (Arco Iris, El Salvador, 1997), Sobrevivir para contarlo (Praxis, México, 1999), Crónicas suburbanas (Editorial X, Guatemala, 2001), Ruleta rusa (Fondo de cultura económico, México-Guatemala, 2001), Completamente Inmaculada (Perro azul, San José de Costa Rica, 2002), Reinventario de ficciones. Catálogo marginal de bestias, crímenes y peatones (La Tatuana, Guatemala, 2006), Les ombres du jaguar et autres nouvelles (Éditions Equilibrio, París, 2009), Juego de muñecas. Un caso más para Wenceslao Pérez Chanán, (Editorial FLACSO, Guatemala, 2012) y Triple Play, (Germinal, Costa Rica, 2013).Como investigador, también ha publicado los siguientes ensayos de crítica literaria: América Central en el ojo de sus críticos (Universidad Rafael Landívar, Guatemala, 2005), Hacia un nuevo canon de la vanguardia en América Central (Ed. Cultura, Guatemala, 2006) y Diccionario de Autores yCríticos de Guatemala (La Tatuana, Guatemala, 2010).Por su parte, Molina (1961), es historiador y escritor de ciencia ficción costarricense, autor, coautor o editor de numerosos estudios sobre historia de CostaRica, en particular, y de Centroamérica, en general. Es catedrático de la Escuela de Historia e investigador del Centro de Investigación en Identidad y CulturaLatinoamericanas (CIICLA) de la Universidad de Costa Rica. Ha obtenido el Premio Nacional de Historia (1991), el Premio de la Academia de Geografía eHistoria (1991), el Premio Áncora del periódico La Nación (1992), el Premio al Investigador en Ciencias Sociales (2015) y el Premio Luis Ferrero de Investigación Cultural (2016). Entre sus investigaciones más recientes figuran: La educación en Costa Rica de la época colonial al presente (EUNA, Costa Rica, 2016) y Príncipes de las remotidades. Carlos Luis Fallas y los escritores proletarios costarricenses (EUNED, Costa Rica, 2016). En el género de la ciencia ficción hapublicado varios libros de cuentos cortos y algunos de sus relatos han sido incluidos en recopilaciones y revistas publicadas en México, Colombia, Perú, España, Argentina, Estados Unidos y Cuba. Su más reciente libro de ciencia ficción es Las fugitivas de Abidos (La Jirafa y Yo, Costa Rica, 2017).En los cuentos de ambos autores que presentamos en esta edición, confluyen la creación de una atmósfera de suspenso, que puede originar desde aparentes alucinaciones hasta revivir temores atávicos. En este encuentro convergen monstruos reales y ficticios -aunque nos cueste diferenciarlos-, así como las neurosis del siglo XXI y las leyendas del siglo XIX, que aliviadas unas por el psicoanálisis y alimentadas otras, por los primeros experimentos de “ingeniería genética”, consiguen sembrarnos una interrogante sobre la (in)distinción de lo real en nuestro entorno. (shrink)

This book is derived from the author's Concise guide to ethics in mental health care, published in 2004. It has been revised, updated, and rewritten with new chapters, topics and data.

Principles of distributive justice bind macro-level institutional agents, like the state. But what does justice require in non-ideal circumstances, where institutional agents are unjust or do not e...

In his thought-provoking book, Why Law Matters, Alon Harel defends two key claims: one ontological, the other axiological. First, he argues that constitutions and judicial review are necessary constituents of a just society. Second, he suggests that these institutions are not only means to the realization of worthy ends, but also non-instrumentally valuable. I agree with Harel that constitutions and judicial review have more than instrumental value, but I am not persuaded by his arguments in support of this conclusion. I (...) argue that Harel’s ontological claim is unsustainable, and that his axiological claim needs revision. Regarding the former, I show that constitutions and judicial review are only contingent constituents of a just society. Regarding the latter, I contest Harel’s specific account of the value of constitutions and judicial review. Harel grounds the non-instrumental value of constitutions in freedom as non-domination but, upon scrutiny, it emerges that their non-instrumental value lies elsewhere. Further, Harel holds that the non-instrumental value of judicial review stems from its embodying a right to a fair hearing. I argue that this right has non-instrumental value only under a particular set of circumstances. I thus conclude, contrary to Harel, that the non-instrumental value of judicial review is contingent on those circumstances obtaining. (shrink)