In this paper I analyze the tension between realism and antirealism at the basis of Kantian constructivism. This tension generates a conflictive account of the source of the validity of social norms. On the one hand, the claim to moral objectivity characteristic of Kantian moral theories makes the validity of norms depend on realist assumptions concerning the existence of shared fundamental interests among all rational human beings. I illustrate this claim through a comparison of the approaches of Rawls, Habermas and (...) Scanlon. On the other hand, however, objections to moral realism motivate many Kantian constructivists to endorse the antirealist claim that reasonable agreement is the source of the validity of social norms. After analyzing the difficulties in the latter strategy, I try to show how a balance between the realist and antirealist elements of Kantian constructivism can be reached by drawing a sharper distinction between the justice and the legitimacy of social norms. (shrink)

It is widely agreed, claims John Horton, “that the core of the concept of toleration is the refusal, where one has the power to do so, to prohibit or seriously interfere with conduct one finds objectionable”.1 Liberals champion toleration as one of the main political virtues of a just society. The tolerant society is one which protects a diverse array of fundamental freedoms ranging from freedom of conscience and religion to freedom of expression and freedom of association. Secure in the (...) knowledge that the constitution guarantees these various freedoms, citizens can freely pursue the lifestyles they find most fulfilling, regardless of the fact that the majority of people may or may not find their.. (shrink)

How should we deal with noncompliance in the context of the Paris Agreement? After having delimited the scope of noncompliance as a motivational issue, I will argue that two kinds of reasons can motivate agents to comply, moral and prudential reasons. Then, I will show that moral and prudential reasons can motivate compliance, although in different ways, as moral reasons require the institutions, whereas prudential reasons are thought to be self-sufficing. Prudential reasons come with the assumption that they have (...) ample motivational force to elicit compliance. I will contend that, for what concerns climate treaties, this assumption does not hold. To do so, I will argue that, from an interest-based perspective, reasons for agreeing on a treaty rarely conflate with the reasons that motivate agents to complying with it, so, if we want to ensure compliance, the international climate regime should establish institutions to oversee compliance when prudential reasons fails to motivate. (shrink)

This paper argues for two models of agreement which develop the idea that there is an agreement where one party gives a conditional undertaking and the other responds with an unconditional undertaking. The models accommodate plausible justifications for making and complying with agreements.

ABSTRACT:Whether at the executive or the line-management levels, businesspeople face moral decisions that cannot be easily resolved with reference to a shared ethos, whether because of diversity of ethea in the organization or its environment, or because the organization's ethos is inadequate for the problem at hand. These decisions are made more common by the changing norms of a pluralistic business environment, and require collective moral deliberation to be adequately resolved. Discourse ethics ideally characterizes the form of valid collective moral (...) deliberation. I argue that accommodation for the limitations of actual discourse makes discourse ethics, conceived in terms of the rules of practical discourse, practical for realizing improvements in the openness and validity of moral decision-making over states in which these rules are flagrantly violated. These rules have normative implications at the organizational level for the integrity approach to corporate ethics programs, and at the individual level for ethical leadership. (shrink)

Our research extends the current understanding of cognitive moral reasoning research by considering the often‐overlooked element of context, specifically the issue presented in the ethical dilemma, and the issue of gender agreement between the subject and the dilemma actor. We rely on gender identity and cognitive moral reasoning theories to provide the theoretical underpinnings of our exploration to deepen our understanding of the contextual forces affecting cognitive moral reasoning. Our results generally confirm earlier research findings and provide valuable information (...) regarding our understanding of the impact of the dilemma context and the gender agreement or disagreement between the subject and the actor in an ethical dilemma, with significance found for four of our five hypotheses, with half of the significant results in the direction predicted. Implications for future academic research and business practice are discussed. (shrink)

This paper introduces Agreement Theorems to dynamic-epistemic logic. We show first that common belief of posteriors is sufficient for agreement in epistemic-plausibility models, under common and well-founded priors. We do not restrict ourselves to the finite case, showing that in countable structures the results hold if and only if the underlying plausibility ordering is well-founded. We then show that neither well-foundedness nor common priors are expressible in the language commonly used to describe and reason about epistemic-plausibility models. The (...) static agreement result is, however, finitely derivable in an extended modal logic. We provide the full derivation. We finally consider dynamic agreement results. We show they have a counterpart in epistemic-plausibility models, and provide a new form of agreements via public announcements. (shrink)

Typical agreements can be seen as joint decisions, inherently involving obligations of a distinctive kind. These obligations derive from the joint commitment' that underlies a joint decision. One consequence of this understanding of agreements and their obligations is that coerced agreements are possible and impose obligations. It is not that the parties to an agreement should always conform to it, all things considered. Unless one is released from the agreement, however, one has some reason to conform to it, (...) whatever else is true. In this sense, one is under an obligation to the other parties. The relevance of these points to the issue of political obligation is discussed. (shrink)

In the literature on philosophical progress it is often assumed that agreement is a necessary condition for progress. This assumption is sensible only if agreement is a reliable sign of the truth, since agreement on false answers to philosophical questions would not constitute progress. This paper asks whether agreement among philosophers is (or would be) likely to be a reliable sign of truth. Insights from social choice theory are used to identify the conditions under which (...) class='Hi'>agreement among philosophers would be a reliable indicator of the truth, and it is argued that we lack good reason to think that philosophical inquiry meets these conditions. The upshot is that philosophical agreement is epistemically uninformative: agreement on the answer to a philosophical question does not supply even a prima facie reason to think that the agreed-upon view is true. However, the epistemic uninformativeness of philosophical agreement is not an indictment of philosophy's progress, because philosophy is valuable independent of its ability to generate agreement on the correct answers to philosophical questions. (shrink)

Derek Parfit's Reasons and Persons (1984) mounted a striking defense of Act Consequentialism against a Rawls-inspired Kantian orthodoxy in moral philosophy. On What Matters (2011) is notable for its serious engagement with Kant's ethics and for its arguments in support of the “Triple Theory,” which allies Rule Consequentialism with Kantian and Scanlonian Contractualism against Act Consequentialism as a theory of moral right. This critical notice argues that what underlies this change is a view of the deontic concept of moral rightness (...) that ties it closely to blameworthiness and accountability in a way that effectively concedes a Rawlsian publicity condition. It is also argued that Parfit's arguments that Kantian and Scanlonian Contractualism entail Rule Consequentialism can be resisted. Two elements of Parfit's metaethics are critically discussed. First, concerning Parfit's arguments against subjectivist theories of practical reason, it is argued that a form of subjectivist theory exists that is not only consistent with Parfit's claim that all reasons for acting are object rather than state given, but that can support that claim. Second, it is argued that Parfit's arguments against identifying normative with natural statements and facts do not transfer seamlessly to identifying normative with natural properties. (shrink)

One of the predominant debates in AI Ethics is the worry and necessity to create fair, transparent and accountable algorithms that do not perpetuate current social inequities. I offer a critical analysis of Reuben Binns’s argument in which he suggests using public reason to address the potential bias of the outcomes of machine learning algorithms. In contrast to him, I argue that ultimately what is needed is not public reason per se, but an audit of the implicit moral assumptions of (...) societies within which algorithms are built and applied. Public justification is appealing since it offers us the possibility to align the decision-making outcomes of the algorithm with the core moral values of stakeholders within a constitutional democratic society. My concern is that the common moral principles that form the foundation of public reason are not necessarily neutral, as they still express specific moral ideals and normative standards even if there is moral agreement by society as a whole, or among different stakeholders within society. Appealing to such normative standards may thus still lead to algorithmic outcomes being biased as common moral values may very well still be discriminatory even though they are formed from a consensus, and even if public reason is applied as a kind of filter for potential algorithmic outcomes. Hence, I argue that these implicit moral norms within society that we take as a given in public reasoning, need to be audited from generation to generation in order to effectively mitigate potential algorithmic bias. (shrink)

Political liberalism, or public reason liberalism, has taken a decisive turn towards the Convergence Conception of public justification and away from the orthodox Consensus Conception. Convergence theorists argue that public justification should be understood as all reasonable people having some conclusive reason to endorse coercively enforced moral rules that are issue and context specific. They argue for this on the basis that, given the nature of deep moral and political disagreement, only the Convergence Conception can show reasonable people (...) how to achieve a stable political order. I argue however that the Convergence Conception faces the Verbal Agreement Objection which puts pressure on its claims to show people how to maintain a political order. This is because at its core it involves a tension between its account of the nature of the agreements that constitute public justification and the objects of those agreements that make it highly sensitive to context changes. (shrink)

Decision 1/cp.17 limits the choice of legal form of a new climate agreement to three options: a protocol, another legal instrument or an agreed outcome with legal force under the Climate Convention. This commentary provides seven reasons for the conclusion that a protocol is the only viable legal option to serve the object and purpose of the convention. The reasons include, inter alia, the exclusion of non-binding, soft law under a ‘result based regime’, multilateralism, a 5 year timeline which (...) indicates a ratification process and the agreements purpose of raising the level of ambition. (shrink)

Is morality rational? In this book Gauthier argues that moral principles are principles of rational choice. He proposes a principle whereby choice is made on an agreed basis of cooperation, rather than according to what would give an individual the greatest expectation of value. He shows that such a principle not only ensures mutual benefit and fairness, thus satisfying the standards of morality, but also that each person may actually expect greater utility by adhering to morality, even though the choice (...) did not have that end primarily in view. In resolving what may appear to be a paradox, the author establishes morals on the firm foundation of reason. Gauthier's argument includes an account of value, linking it to preference and utility; a discussion of the curcumstances in which morality is unnecessary; and an application of morals by agreement to relations between peoples at different levels of development and different generations. Finally, he reflects on the assumptions about individuality and community made by his account of rationality and morality. (shrink)

This is a descriptive study (_N_ = 243) of how Polish undergraduates and graduates perceive face to face arguing. We had some reasons to suppose that they would not be especially aggressive. The Polish culture has a number of proverbs warning against combative arguing, with “agreement builds and disagreement destroys” being illustrative. In addition, up until 1989 public dissent and open disagreements were suppressed by the government, and older generations often found it prudent to avoid arguing. We compared Polish (...) results with previously reported data from the U.S. and Ukraine. We did, in fact, find that Polish orientations were less aggressive and more other-oriented than the two comparison nations. We also discovered Poland was more wary of engaging in interpersonal conflicts. Distinct sex differences appeared when we compared Polish men and women, with men being more forceful. Correlational patterns, especially concerning argumentativeness and verbal aggressiveness, were largely consistent with those originally found in the U.S. Power distance continues to have important connections with the standard argument orientation measures, but its patterns of correlation are not entirely consistent across the relatively small number of nations where the variable has been studied. (shrink)

Promises -- Offer and acceptance -- Obligation -- Practical reason -- Intention and other topics -- Intervention by the state -- Contract -- Competition -- Conspiracy.

The contributions in this anthology address tensions that arise between reason and politics in a democracy inspired by the ideal of achieving reasoned agreement among free and equal citizens.

Accounts of moral reasoning have tended either to ignore the differences in what men count as good reasons for their moral judgments, or, in emphasizing these differences, to imply that anything whatsoever can count as a moral reason. This book shows that both of these positions rest on a mistaken assumption, and by rejecting this assumption brings out important features of moral discourse. Although moral disagreement is seen to be far more radical than empirical disagreement, a framework of agreement (...) is shown to be a precondition of moral discourse, and even of the possibility of individual moral decision. (shrink)

This article argues, first, that there is plenty of agreement among philosophers on philosophically substantive claims, which fall into three categories: reasons for or against certain views, elementary truths regarding fundamental notions, and highly conditionalized claims. This agreement suggests that there is important philosophical progress. It then argues that although it's easy to list several potential kinds of philosophical progress, it is much harder to determine whether the potential is actual. Then the article attempts to articulate the truth (...) that the deniers of philosophical progress are latching on to. Finally, it comments on the significance of the agreement and progress. (shrink)

When do we agree? The answer might once have seemed simple and obvious; we agree that p when we each believe that p. But from a formal epistemological perspective, where degrees of belief are more fundamental than beliefs, this answer is unsatisfactory. On the one hand, there is reason to suppose that it is false; degrees of belief about p might differ when beliefs simpliciter on p do not. On the other hand, even if it is true, it is too (...) vague; for what it is to believe simpliciter ought to be explained in terms of degrees of belief. This paper presents several possible notions of agreement, and corresponding notions of disagreement. It indicates how the findings are fruitful for the epistemology of disagreement, with special reference to the notion of epistemic peerhood. (shrink)

It is natural to wonder about contract law’s relationship to the morality of promises and agreements. This Chapter distinguishes two ways to conceive of that relationship. First, parties’ agreement-based moral obligations might figure into the explanation of contract law—into an account of its functions or justifications. Contract law might serve to enforce parties’ first-order performance obligations, to enforce second-order remedial obligations, to support the culture of making and keeping agreements more generally, or at least to do no harm to (...) that culture or to people’s ability to act morally. Second, contract can be understood as the legal analog to promise. Both contract and promise enable people to undertake new obligations to one another when they wish. Each is a type of normative power, the one legal, the other moral. The Chapter concludes by arguing that these two ways of thinking about contract law are not mutually exclusive. Contract law both imposes on parties to exchange agreements a legal obligation to perform for reasons independent of the parties’ possible contractual intent, and confers on them the power to undertake that legal obligation when they so intend because they so intend. (shrink)

Does it make sense, and is it at all plausible, to view the moral obligation to keep particular promises and do what is called for by particular agreements such as contracts as being founded on a general "Social Contract" -- i.e., to give a contractarian account of promise-keeping? This paper argues that it does. Borrowing from Hume, David Lewis, Gilbert Harman, and David Gauthier, I provide a sketch of what the "social contract" is (not, e.g., either a real or a (...) hypothetical meeting of all with all) -- namely, a form of commitment, makable by any individual, but with commitment likewise to social reinforcement. Then it is argued that Searle's familiar thesis is in error in that it leaves out the latter factor as well as implicitly calling for a version of the former. Then it is argued that this general understanding of morality can reasonably issue in a specific rule about agreements that would be one among others in a contractarian moral platform. (shrink)

This article attempts to find grounds for agreement and tolerance among environmentalists, as well as all persons of good will who are reasonable and scientifically informed. It beguis by taking stock of where we are today in ethics in general, and then hi environmental ethics in particular. What are the major theories, their central ideas, and problems? Is there a way forward? Explained and defended throughout is the thesis that moral pluralism is the best way forward.

In this paper, I discuss the analysis of logic in the pragmatic approach recently proposed by Brandom. I consider different consequence relations, formalized by classical, intuitionistic and linear logic, and I will argue that the formal theory developed by Brandom, even if provides powerful foundational insights on the relationship between logic and discursive practices, cannot account for important reasoning patterns represented by non-monotonic or resource-sensitive inferences. Then, I will present an incompatibility semantics in the framework of linear logic which allow (...) to refine Brandom’s concept of defeasible inference and to account for those non-monotonic and relevant inferences that are expressible in linear logic. Moreover, I will suggest an interpretation of discursive practices based on an abstract notion of agreement on what counts as a reason which is deeply connected with linear logic semantics. (shrink)

The anti-counterfeiting trade agreement was originally meant to harmonise and enforce intellectual property rights provisions in existing trade agreements within a wider group of countries. This was commendable in itself, so ACTA’s failure was all the more disappointing. In this article, I wish to contribute to the post-ACTA debate by proposing a specific analysis of the ethical reasons why ACTA failed, and what we can learn from them. I argue that five kinds of objections—namely, secret negotiations, lack of consultation, (...) vagueness of formulation, negotiations outside any international body, and the creation of a new governing body outside already existing forums—had only indirect ethical implications. This takes nothing away from their seriousness but it does make them less compelling, because agreements should be evaluated, ethically, for what they are, rather than for the alleged reasons why they are being proposed. I then argue that ACTA would have caused three ethical problems: an excessive and misplaced kind of responsibility, a radical decrease in freedom of expression, and a severe reduction in information privacy. I conclude by indicating three lessons that can help us in shaping a potential ACTA 2.0. First, we should acknowledge the increasingly vital importance of the framework of implicit expectations, attitudes, and practices that can facilitate and promote morally good decisions and actions. ACTA failed to perceive that it would have undermined the very framework that it was supposed to foster, namely one promoting some of the best and most successful aspects of our information society. Second, we should realise that, in advanced information societies, any regulation affecting how people deal with information is now bound to influence the whole ‘onlife’ habitat within which they live. So enforcing IPR becomes an environmental problem. Third, since legal documents, such as ACTA, emerge from within the infosphere that they affect, we should apply to the process itself, which one day may lead to a post-ACTA treaty, the very framework and ethical values that we would like to see promoted by it. (shrink)

Jonathan Dancy’s Practical Reality makes a significant contribution to clarifying the relationship between desire and reasons for acting, both the normative reasons we seek in deliberation and the motivating reasons we cite in explanation. About the former, Dancy argues that, not only are normative reasons not all grounded in desires, but, more radically, the fact that one desires something is never itself a normative reason. And he argues that desires fail to figure in motivating reasons also, concluding that neither the (...) fact nor the state of desire is ever a motivating reason for acting. I am in significant agreement with Dancy about these matters, but I want to register some reservations nonetheless. Dancy is certainly right to reject the DBR thesis that all normative reasons are grounded in desires. Desires, he points out, call for reasons no less than do actions. But I think he insufficiently appreciates a way in which facts about the agent’s desires and related practical psychic states can provide normative reasons. Not that this gives away anything to Dancy’s Humean opponents. What gives an agent’s desires, values, and moral convictions normative weight, I shall suggest, is her dignity and integrity as an individual person. (shrink)

In a contractual firm–stakeholder relationship the participants are expected to act according to the agreement and for mutual benefit. By acting against the agreement at the expense of the other participant, however, may result in higher individual profits within a short period of time. Building on the unlocked iterated prisoner’s dilemma (PD) setting, Scanlon’s [Scanlon, T.␣M.: 1998, What We Owe to Each Other (Belknap Press of Harvard University Press, Cambridge, Mass)] version of contractualism, and the social dilemma literature, (...) this article considers what types of behaviors should be followed by both parties in an established firm–stakeholder relationship in order to reach an outcome that is defensible both in terms of morality and viability. It is argued that a normative foundation, which advises firms and stakeholders to ground their behavior on principles that could not reasonably be rejected by others, forms a basis for moral and viable behavior that can be expressed in the form of a strategic rule that excludes defection and utilizes the option to exit in response to the other participant’s defection. Then, a set of testable propositions is developed that describe how a firm and its stakeholders can further promote moral and viable relationships. (shrink)

Is practical reason a cognitive faculty? Do practical judgments make claims about a subject matter that are appropriately assessed in terms of their agreement with that subject matter? According to Kantians like Christine Korsgaard, the answer is no. To think otherwise is to conflate the theoretical and the practical, the epistemic and the ethical. I am not convinced. In this paper, I motivate my skepticism through examination of the very figure who inspires Korsgaard’s rejection of cognitivism: Kant. For as (...) I read him, Kant does not construe the distinction between theoretical and practical reason in terms of a distinction between cognitive and non-cognitive faculties but in terms of two distinct applications of a single faculty of reason, which is through-and-through cognitive. Thus, practical, no less than theoretical, reason cognizes a subject matter, and so practical, no less than theoretical, reason is straightforwardly subject to familiar epistemic standards of truth, warrant, and knowledge. Of course, even if I am right about Kant, this does not show that Korsgaard is wrong about reason; and I will offer no direct argument against her position here. Nonetheless, I believe that reflection on Kant’s true view, with its careful treatment of and respect for both the practicality and rationality of reason, should perhaps lead us to rethink what it means to be a rationalist in ethics. (shrink)

This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a (...) specific person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well -- acquaintances, supervisors or co-workers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges, to truncate legal analysis of the facts and leap to erroneous conclusions about “consent.” Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of pre-judgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used. (shrink)

A deferred prosecution agreement, or DPA, allows a corporation, instead of proceeding to trial on a criminal charge, to settle matters with the state by acknowledging the facts on which any charge would be based, pay a reduced fine, and agree to change the way they conduct business. Critics of DPAs have suggested that, because the defendant corporation must pay a fine and submit to structural reform without having been found guilty at trial, DPAs violate the Presumption of Innocence. (...) This paper argues that they do not. The paper appeals to the role of civic trust in a liberal political community. The obligations a corporation assumes in a DPA can be framed as a reasonable retributive response to a breach by that corporation of the community’s laws, and an appropriate reassurance by that corporation to the community that such breaches will not reoccur. This framing is sufficient to deny that DPAs violate the Presumption of Innocence. (shrink)

In his recent review essay, Stan van Hooft raises some interesting potential challenges for cosmopolitan global justice projects, of which my version is one example.1 I am grateful to van Hooft for doing so. I hope by responding to these challenges here, others concerned with developing frameworks for analyzing issues of global justice will also learn something of value. I start by giving a very brief synopsis of key themes of my book, Global Justice,2 so I can address van Hooft’s (...) concerns about the structure of the book. I then outline the normative thought experiment that yields the global justice framework I endorse, in order to address five main concerns van Hooft has with it. These center around problems he foresees about what it would be reasonable to agree to in the face of quite different worldviews. There are five specific concerns he identifies related to reasonableness and I address these in the third and fourth sections of this paper. (Published: 26 May 2010) Citation: Ethics & Global Politics, Vol. 3, No. 2, 2010, pp. 155-170. DOI: 10.3402/egp.v3i2.5175. (shrink)

It is widely supposed that agreements made in response to coercion are entered into involuntarily for that reason. This paper argues that that supposition is false and that it has generated a good deal of avoidable confusion in the courts and among some legal commentators. Agreements entered into involuntarily of course, have no legal standing. But, on any plausible account of coercion, agreements entered into in response to coercion are an inevitability of social life. To prohibit them would be to (...) prohibit many agreements we ought to and do enforce (e.g. labor agreements entered into under threat of strike). This is not to deny that agreements induced by certain uses of force or certain threats of force have and ought to have no standing. But here it is the type of force or threat that invalidates the agreement, not the use of coercion per se. (shrink)

This article presents a normative‐theoretical account of democratic legitimacy that meets the challenge of moral and cultural pluralism in a way that takes the avoidance of oppression and violence to be a fundamental imperative. The discourse‐theoretical perspective of jürgen Habermas reveals that reasoned agreement among citizens is the only alternative to political oppression. Pace Habermas, however, the legitimacy of even basic constitutional principles does not require us to agree with one another for the same reasons. While we can affirm (...) such principles for a wide range of different reasons, the process of achieving reasoned agreements on contentious issues draws us together as citizens in loyalty to a particular, historical set of political institutions. The reasoned commitment to our constitution that we come to share in this ongoing process acts as an identity‐forming bond that allows us to live in peace with deep moral and cultural differences. (shrink)

Since 2011, the focus of international negotiations under the UNFCCC has been on producing a new climate agreement to be adopted in 2015. This phase of negotiations is known as the Durban Platform for Enhanced Action. The goal has been to update the global effort on climate for long-term cooperation. In this period, various changes have been contemplated on the design of the architecture of the global climate effort. Whereas previously, the negotiation process consisted of setting mandated targets exclusively (...) for developed countries, the current setting requests of each country to pledge its contribution to the climate effort in the form of Intended Nationally Determined Contributions. The shift away from establishing negotiated targets for rich countries alone towards a universal system of participation through intended contributions raised persistent questions on how exactly the new agreement can ensure equitable terms. How to conceptualize equity within the 2015 climate agreement, and beyond, is the focus of this paper. The paper advances a framework on equity, which moves away from substantive moral conceptions of burden allocation toward refining principles of public reason specially designed for the negotiation process under the UNFCCC. The paper outlines the framework’s main features and discusses how it can serve a facilitating role for multilateral discussion on equity on a long-term basis capable of adapting to changing circumstances. (shrink)

In their book, Roman but Not Catholic, Kenneth Collins and Jerry Walls make the case that certain beliefs central to the Roman Catholic faith are unreasonable. This article evaluates, from the point of view of Eastern Orthodoxy, some of the arguments Collins and Walls make. In particular, it argues first that Collins and Walls are correct to criticize John Henry Newman’s theory of the development of doctrine as a reason to accept otherwise insufficiently supported Catholic doctrines. Secondly, it offers some (...) points of clarification concerning the matter of sacred tradition and attempts to show the areas of agreement and disagreement between Eastern Orthodoxy and the position that Collins and Walls articulate. Thirdly, it argues that Collins and Walls rely on what is, from an Eastern Orthodox point of view, a questionable view about the interpretation of scripture by assuming without good reason that the clear meaning of scripture is equivalent to the literal interpretation. (shrink)

According to John Rawls, the methods and conclusions of science—when these are non-controversial—constitute public reasons. However, several objections have been raised against this view. This paper focuses on two objections. On the one hand, the associational objection states that scientific reasons are the reasons of the scientific community, and thus paradigmatically non-public in the Rawlsian sense. On the other hand, the controversiality objection states that the non-controversiality requirement rules out their public character when scientific postulates are resisted by a significant (...) portion of the citizenry. The paper replies that both objections miss their mark. To the associational objection, it replies that the relevant test for a reason to be public is whether the reasons have been construed under the rules and constrains of a public frame of thought. Insofar as scientific methods and conclusions correspond to the principles of reasoning and rules of evidence that liberals understand as public, their associational origin is secondary. To the controversiality objection, it replies that the standard for a scientific argument to be regarded as non-controversial should refer to its degree of intra-scientific consensus, since ordinary citizens accept or reject scientific pronouncements conditioned to their particular comprehensive views. Nonetheless, a wide extra-scientific agreement on the epistemic virtues of the scientific method will be needed. The paper concludes that there is a good case to think about scientific reasons as public to the extent that scientific reasoning is a mode of inquiry that mirrors a central aspiration of Rawlsian political liberalism: having a public way of thought and an impersonal standpoint to adjudicate between competing claims. (shrink)

Countries increasingly have been entering bilateral labor agreements as a tool for the regulation and governance of short-term temporary labor migration worldwide. However, these are often confidential legal instruments, and consequently we know relatively little about their actual content and impact, and why countries choose to enter them. This Article complements existing explanations in the literature regarding the reasons why countries enter BLAs and their potential to create and improve migrant workers’ rights. Based on a detailed content analysis of 81 (...) recent BLAs signed largely over the last 20 years, and on a wide literature review and interest analysis, we introduce a “control thesis.” According to the control thesis, the popularity, confidentiality and unenforceability of BLAs can be explained, at least partially, by their ability to promote a key shared interest of sending and receiving countries in controlling and policing the mobility and actions of migrant workers and also, at times, aspects of the illicit migration industry that develops around labor migration. We reach this conclusion, and elaborate on its meaning and the potential it may hold for migrant workers and their advocates, in strategically seeking to use BLAs to improve temporary migrant workers’ rights and protections. (shrink)

Scientific consensus is widely deferred to in public debates as a social indicator of the existence of knowledge. However, it is far from clear that such deference to consensus is always justified. The existence of agreement in a community of researchers is a contingent fact, and researchers may reach a consensus for all kinds of reasons, such as fighting a common foe or sharing a common bias. Scientific consensus, by itself, does not necessarily indicate the existence of shared knowledge (...) among the members of the consensus community. I address the question of under what conditions it is likely that a consensus is in fact knowledge based. I argue that a consensus is likely to be knowledge based when knowledge is the best explanation of the consensus, and I identify three conditions—social calibration, apparent consilience of evidence, and social diversity, for knowledge being the best explanation of a consensus. (shrink)

Background: Priority setting is necessary in current healthcare services. Discussion of fair process has highlighted the value of developing reasons for allocation decisions on the basis of experience gained from real cases.Aim: To identify the reasons that those with experience of real decision-making concerning resource allocation think relevant in deciding on the priority of a new but expensive drug treatment.Methods: Semistructured interviews with members of committees with responsibility for making resource allocation decisions at a local level in the British National (...) Health Service, analysed using modified grounded theory.Results: 22 interviews were carried out. 14 reasons were identified. Four reasons were almost universally considered most important: cost effectiveness; clinical effectiveness; equality and gross cost. No one reason was considered dominant. Some considerations, such as political directives and fear of litigation, were thought by many participants to distort decision-making. There was a substantial lack of agreement over the relevance of some reasons, such as the absence of alternative treatment for the condition.Conclusions: There is a clear consensus on the importance and role of a limited number of reasons in allocation decisions among participants. A focus on the process of decision-making, however, does not obviate the need for those involved in the process to engage with problematical ethical issues, nor for the importance of further ethical analysis. (shrink)

In the appropriate contexts reasoning is a powerful tool for producing intersubjective agreement about what counts as the best answer to a question that generates inquiry; sometimes employing arguments can lead to agreement about what is the right answer. In this paper we hope to show, however, that unabashed optimism about the power of argument is misplaced. Such optimism rests on an implausible picture of the power of articulation. Sentences cashed out as reasons to believe another sentence is (...) true cannot bridge large gaps in substantive understanding. A failure to realize this fact, moreover, leads to an uncautious and unreflective optimism about the power of argument that ultimately threatens the very reasons-giving process. What is needed, then, is a much more modest sense of the role of argument. (shrink)

Due to its specificity, the legal institute of preliminary agreement poses a number of questions. This pre-contractual agreement is not yet a contract. Therefore, the form and scope of legal protection will not be the same as that guaranteed to contracting parties. However, the European legal systems would claim that the relationships between the parties during pre-contractual negotiations have to be regulated and protected by the law. The first part of this article deals with the legal nature of (...) pre-contractual liability: tort, contractual or sui generis. The question of determining the type of applicable civil liability for breach of a preliminary agreement still remains a matter under debate in the Lithuanian legal doctrine as well as in legal practice. Taking into account the specific interest that may be infringed and the fact that the aggrieved party cannot recover the expectations it had in profit of the sought contract, including the remedy of the right of performance, there is nosufficient reason to apply contractual legal regime for breach of the preliminary agreement either. Hence, the special nature of the pre-contractual phase merits special treatment. In the Lithuanian legal system, liability for breach of a preliminary agreement should therefore be qualified as a separate sui generis kind of liability. In fact, the biggest problem is the scope of damages recoverable under the preliminary agreement. As far as the tendencies of a legal doctrine and jurisprudence of Lithuania and other countries are concerned, the aggrieved party should be compensated not only the direct expenses incurred during the negotiations, but also the value of lost opportunity, which must be based on real, proven, unavoidable income or expenses. It is not possible to claim the profit which would have resulted had the main contract been concluded (the so-called expectation damages). Recent tendencies show that the Lithuanian courts are prone to make no distinction between the concept of the lost opportunity to conclude a transaction with a third party (as reliance damages) and lost profits as expectation damages. The reason for such an interpretation is the fact that the value of lost opportunity can be determined by applying the principle of price difference provided in Article 6.258(5) of the Lithuanian Civil Code, which is used for contractual liability. This principle should be applied in accordance with the Commentary on the UNIDROIT Principles of International Commercial Contracts and in the context of the nature of the preliminary agreement. Therefore, the aggrieved party may claim compensation for damages in the amount of difference between the price of the contract that has not been concluded with a third party and the price of the replacement contract. Such an interpretation reflects the compensatory function of the recovery of the value of the lost opportunity. (shrink)