Rawls's “public reason” has not been without its critics. One criticism is that public reason is “conservative.” Public reason must rely on those beliefs that are “widely shared” among citizens. But if public reason relies on widely shared beliefs, how can it change without departing from those beliefs, thus violating public reason? In part one of my essay, I introduce the conservatism objection and describe two unsatisfactory responses to it. Part two argues that there are aspects of public reason which (...) diminish the force of the conservatism objection: first, that public reason is historical, and second, that it is mutable. (shrink)

This volume is a collection of twelve new essays, authored by leading philosophers and legal theorists, examining the central conceptual and normative questions underlying our institutions of criminal law.

Modern analytical political philosophy—characterized most notably by the work of John Rawls—has had very little to say about how punishment in particular and criminal law more generally might be justified. This is a puzzling omission, as punishment can be seen as the most serious use of coercive state power and therefore the one in greatest need of philosophical justification. With the idea of filling this gap, this chapter analyzes several major political theories of recent decades and examines how criminal justice (...) might fit into their thought. After discussing the various political theories of libertarianism, liberalism, communitarianism, Marxism, and republicanism, I offer a limited defense of one such theory, Rawls’s “political liberalism,” as offering a suitable way to approach issues of criminal justice and punishment in modern society. More broadly, my chapter invites political philosophers to speak more often and more specifically about how criminal justice fits within their theories. (shrink)

The article argues for a conception of the justification of punishment that is compatible with a modern, politically liberal regime. Section I deals with what some have thought are the obvious soci...

La distinction entre les crimes qui impliquent un mal en soi et les crimes qui sont mauvais parce que la loi les désigne ainsi a longtemps intrigué les théoriciens. Le présent article soutient que cette distinction, bien qu’elle touche une différence réelle, est fondée sur une erreur. Cette erreur est commise tant par ceux qui considèrent le mal moral comme une condition nécessaire de la criminalité que par ceux qui croient que le simple fait de rendre une chose illégale suffit (...) à la rendre criminelle. Aucune de ces positions n’est correcte. Plutôt, ce qui rend un acte criminel, c’est le fait que cet acte implique la violation d’une loi qui a été justifiée en termes de «raison publique». (shrink)

The prohibition on “cruel and unusual” punishments, found in the Eighth Amendment to the U.S. Constitution, has long puzzled scholars. If punishments are cruel, why is that not sufficient to prohibit them? What does “unusual” add? Scholars have also disagreed on how to understand “cruel.” Should “cruel” refer only to those things that the authors of the Constitution believed were cruel, or does it extend to those things that are actually cruel? This chapter gives an overview of these debates and (...) describes the United States Supreme Court’s jurisprudence in the area. A concluding part takes a look at the possibility that some contemporary forms of punishment (e.g., imprisonment) are cruel and unusual, and even that punishment itself might be cruel and unusual. (shrink)

In his paper “Public Reason and the Justification of Punishment,” Zachary Hoskins develops and defends an idea of “public reason” that might be applicable to debates over punishment in the Western world. This short reply takes issue with some of Hoskins’ conclusions (while agreeing with many of his premises), and suggests that contra Hoskins, many versions of retribution are not compatible with the ideal of public reason as Rawls articulated it. Instead, debates over criminal justice and punishment should properly revolve (...) around the goods of public safety and harm reduction—rather than around any of the supposed metaphysical goods achieved by retributive punishment. (shrink)

Death penalty debates appear to be intractable because what is obvious to one side is just as obviously not the case to the other. One side finds it unconscionable that a murderer can still be walk...

This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.

Chad Flanders has argued that retributivism is inconsistent with John Rawls’s core notion of public reason, which sets out those considerations on which legitimate exercises of state power can be based. Flanders asserts that retributivism is grounded in claims about which people can reasonably disagree and are thus not suitable grounds for public policy. This essay contends that Rawls’s notion of public reason does not provide a basis for rejecting retributivist justifications of punishment. I argue that (...) class='Hi'>Flanders’s interpretation of public reason is too exclusionary: on it, public reason would rule out any prominent rationale for punishment. On what I contend is a better interpretation of public reason, whether retributivism would be ruled out as a rationale for punishment depends on whether a retributivist account can be constructed from shared political commitments in a liberal democracy. Some prominent versions of retributivism meet this requirement and so are consistent with public reason. (shrink)

Chad Flanders has argued that retributivism is inconsistent with John Rawls’s core notion of public reason, which sets out those considerations on which legitimate exercises of state power can be based. Flanders asserts that retributivism is grounded in claims about which people can reasonably disagree and are thus not suitable grounds for public policy. This essay contends that Rawls’s notion of public reason does not provide a basis for rejecting retributivist justifications of punishment. I argue that (...) class='Hi'>Flanders’s interpretation of public reason is too exclusionary: on it, public reason would rule out any prominent rationale for punishment. On what I contend is a better interpretation of public reason, whether retributivism would be ruled out as a rationale for punishment depends on whether a retributivist account can be constructed from shared political commitments in a liberal democracy. Some prominent versions of retributivism meet this requirement and so are consistent with public reason. (shrink)

Two principles in epistemology are apparent examples of the close connection between rationality and truth. First, adding a disjunct to what it is rational to believe yields a proposition that’s also rational to believe. Second, what’s likely if believed is rational to believe. While these principles are accepted by many, it turns out that they clash. In light of this clash, we must relinquish the second principle. Reflecting on its rationale, though, reveals that there are two distinct ways to understand (...) the connection between rationality and truth. Rationality is fundamentally a guide to the belief-independent truth, rather than a guide to acquiring true beliefs. And this in turn has important implications for current discussions of permissivism, epistemic reasons, and epistemic consequentialism. (shrink)

In this chapter, I make the case for platonic realism, the thesis that there are properties that lack spatial locations. After criticizing the one-over-many argument for realism and Lewis's argument for realism, I endorse a modal argument that derives the existence of platonic properties from considerations involving necessary truth. I then defend this argument from various objections. Finally, I argue that epistemic considerations and considerations of parsimony favor a weak form of platonic realism on which there are platonic properties, but (...) each property could have had an instance, and would have been located in its instances if it had any. (shrink)

In this book, Chad Jorgenson challenges the view that for Plato the good life is one of pure intellection, arguing that his last writings increasingly insist on the capacity of reason to impose measure on our emotions and pleasures. Starting from an account of the ontological, epistemological, and physiological foundations of the tripartition of the soul, he traces the increasing sophistication of Plato's thinking about the nature of pleasure and pain and his developing interest in sciences bearing on physical (...) reality. These theoretical shifts represent a movement away from a conception of human happiness as a purification or flight of the soul from the sensible to the intelligible, as in the Phaedo, towards a focus on the harmony of the individual as a psychosomatic whole under the hegemonic power of reason. (shrink)

We present three experiments that explore the robustness of the _authentic-apparent effect_—the finding that participants are less likely to attribute knowledge to the protagonist in apparent- than in authentic-evidence Gettier cases. The results go some way towards suggesting that the effect is robust to assessments of the justificatory status of the protagonist’s belief. However, not all of the results are consistent with an effect invariant across two demographic contexts: American and Indian nationalities.

The ancient puzzle of Dion and Theon has given rise to a surprising array of apparently implausible views. For example, in order to solve the puzzle, several philosophers have been led to deny the existence of their own feet, others have denied that objects can gain and lose parts, and large numbers of philosophers have embraced the thesis that distinct objects can occupy the same space, having all their material parts in common. In this paper, I argue for an alternative (...) approach: I claim that human beings have ordinary parts—hands, heads, feet, and so on—but no extraordinary parts, such as ‘foot-complements’, the existence of which is essential to the puzzle. I rebut three objections to this approach: an objection that it is unacceptably metaphysically arbitrary, an objection that the view is incompatible with versions of the puzzle involving decapitation, and an objection concerning masses of matter. If we can believe that there are such things as hands and feet without involving ourselves in paradox, and without accepting large numbers of co-located material objects that share all their material parts, then that is what we should do. My view is the only known alternative which allows this. (shrink)

We present the findings of a worldwide survey that was administered to business ethic scholars to better understand journal quality within the business ethics academic community. Based upon the data from the survey, we provide a ranking of the top 10 business ethics journals. We then provide a comparison of business ethics journals to other mainstream management journals in terms of journal quality. The results of the study suggest that, within the business ethics academic community, many scholars prefer to publish (...) in the top business ethics academic journals over other mainstream management journals. Furthermore, the results of the study suggest that within the business ethics academic field there are two dominant academic communities: one in Europe and one in North America. Each of these academic communities has its own preferred publication outlets, suggesting a potentially problematic bifurcation of business ethics scholarship. (shrink)

While Nozick and his sympathizers assume there is a widespread anti-hedonist intuition to prefer reality to an experience machine, hedonists have marshalled empirical evidence that shows such an assumption to be unfounded. Results of several experience machine variants indicate there is no widespread anti-hedonist intuition. From these findings, hedonists claim Nozick's argument fails as an objection to hedonism. This article suggests the argument surrounding experience machines has been misconceived. Rather than eliciting intuitions about what is prudentially valuable, these intuitive judgements (...) are instead calculations about prudential pay-offs and trade-offs. This position can help explain the divergence of intuitions people have about experience machines. (shrink)

In this paper, we investigate a large-scale financial statement fraud to better understand the process by which individuals are recruited to participate in financial statement fraud schemes. The case reveals that perpetrators often use power to recruit others to participate in fraudulent acts. To illustrate how power is used, we propose a model, based upon the classical French and Raven taxonomy of power, that explains how one individual influences another individual to participate in financial statement fraud. We also provide propositions (...) for future research. (shrink)

This thesis is guided by the following question: what, if anything, makes a life meaningful? My answer to this question is asymmetric welfarism about meaning in life. According to asymmetric welfarism, the meaning of a life depends upon two factors. First, a life is conferred meaning insofar as it promotes or protects the well-being of other welfare subjects. Second, a life is made meaningless insofar as it decreases or minimises the well-being of other welfare subjects. The meaning of a life (...) is determined by the net balance between these two factors; the more the good outweighs the bad, the more meaningful a life that is. I argue that asymmetric welfarism is the most plausible theory about meaning in life. To do this, I show how such a view captures a variety of intuitions about meaning in life while defending it from objections. This is the business of chapters 1, 2, and 3. Specifically, chapter 1 lays the groundwork, chapter 2 advances the case in favour of asymmetric welfarism, while chapter 3 defends asymmetric welfarism from objections. But some objections cannot be so easily overturned by a mere argument. Such objections do not just count against asymmetric welfarism, but also support competing theories. In order to overcome both, I show how such objections, and the theories they motivate, are best understood as tracking a different, but related, evaluative dimension a life can have. This is the business of chapters 4, 5, and 6. Specifically, chapter 4 argues that subjective theories are best understood as being about fulfilment, chapter 5 argues that purpose theories are best understood as being about purpose, and chapter 6 argues that differing views about the role of morality confuse morality and significance with meaning. These other evaluative dimensions which stand alongside meaning in life are fulfilment, purpose, significance, morality, and prudential value. (shrink)

Explores the embodied aspects of ownership and private property as these emerge in a range of American literary texts across the late eighteenth and early nineteenth century.

Explores the embodied aspects of ownership and private property as these emerge in a range of American literary texts across the late eighteenth and early nineteenth century.

Current norms among professional military officers that govern obedience and dissent strongly discourage officers from offering public criticism of policy enacted by civilian authorities, even if that policy is immoral, illegal, or unconstitutional. We identify a set of circumstances that create a moral imperative for an officer to take action and we leverage prevailing ethical guidelines to argue that in certain cases, even individual officers not directly involved in the execution of the policy have moral standing to offer public criticism (...) of it. We consider the consequences of relaxing norms prohibiting public dissent and explore the trade-off between tolerating immoral policy and the likelihood of mistakenly criticizing appropriate policy. Finally, we offer evidence that current military-civilian relations in the United States are such that placing higher value on dissent would benefit professional military officers and may improve policy. (shrink)

With respect to climate change, what is wanted is an account that morally condemns the production of ‘luxury’ greenhouse gas emissions (e.g., joyriding in an SUV), but not ‘subsistence’ emissions (e.g., cooking meals). Now, our individual greenhouse gas emissions either cause harm, or they do not—and those who condemn the production of luxury emissions generally stake their position on the grounds that they do cause harm. Meanwhile, those seeking to defend the moral permissibility of luxury emissions generally do so by (...) arguing that our individual emissions do not cause harm. Here, I argue that, if our individual emissions do cause harm, then this entails too much. For, it entails not only that our luxury emissions are morally impermissible, but that our subsistence emissions are too. This is an undesirable result. Therefore, I propose that we embrace our other option. Namely, I propose that we accept that our individual emissions do not cause harm; or at least, that they make no perceptible difference with respect to the harms associated with climate change. The result of this admission is not as bad as you might think. For, I argue, even if we are individually causally impotent with respect to the harms of climate change, there remains a plausible route toward the moral condemnation of our individual luxury emissions—contrary to what others have argued. What is more, only by accepting our individual causal impotence can we successfully ground the permissibility of our individual subsistence emissions. (shrink)

Sackris and Beebe (2014) report the results of a series of studies that seem to show that there are cases in which many people are willing to attribute knowledge to a protagonist even when her belief is unjustified. These results provide some reason to conclude that the folk concept of knowledge does not treat justification as necessary for its deployment. In this paper, we report a series of results that can be seen as supporting this conclusion by going some way (...) towards ruling out an alternative account of Sackris and Beebe’s results—the possibility that the knowledge attributions that they witnessed largely stem from protagonist projection, a phenomenon in language use and interpretation in which the speaker uses words that the relevant protagonist might use to describe her own situation and the listener interprets the speaker accordingly. With that said, we do caution the reader against drawing the conclusion too strongly, on the basis of results like those reported here and by Sackris and Beebe. There are alternative possibilities regarding what drives the observed knowledge attributions in cases of unjustified true belief that must be ruled out before, on the basis of such results, we can conclude with much confidence that the folk concept of knowledge does not treat justification as necessary for its deployment. (shrink)

The special composition question is the question, ‘When do some things compose something?’ The answers to this question in the literature have largely been at odds with common sense, either by allowing that any two things compose something, or by denying the existence of most ordinary composite objects. I propose a new ‘series-style’ answer to the special composition question that accords much more closely with common sense, and I defend this answer from van Inwagen's objections. Specifically, I will argue that (...) the proposed answer entails the transitivity of parthood, that it is non-circular, and that it casts some light on the ancient puzzle about the Ship of Theseus. (shrink)

This ambitious book presents a new interpretation of Chinese thought guided both by a philosopher's sense of mystery and by a sound philosophical theory of meaning. That dual goal, Hansen argues, requires a unified translation theory. It must provide a single coherent account of the issues that motivated both the recently untangled Chinese linguistic analysis and the familiar moral-political disputes. Hansen's unified approach uncovers a philosophical sophistication in Daoism that traditional accounts have overlooked. The Daoist theory treats the imperious intuitionism (...) that alienates critical thinkers as a feature of Confucianism alone. Freed from the view that Confucianism is the core of Chinese thought and from myopic Confucian interpretations, Chinese thinkers emerge as unmistakably philosophical. (shrink)

We present a model for several early stages of the sensorimotor transformations involved in targeted arm movement. In psychophysical experiments, human subjects pointed to the remembered locations of randomly placed targets in three-dimensional space. They made consistent errors in distance, and from these errors stages in the sensorimotor transformation were deduced. When subjects attempted to move the right index finger to a virtual target they consistently undershot the distance of the more distal targets. Other experiments indicated that the error was (...) in the sensorimotor transformation rather than in the perception of distance. The error was most consistent when evaluated using a spherical coordinate system based at the right shoulder, indicating that the neural representation of target parameters is transformed from a retinocentric representation to a shoulder-centered representation. According to the model, the error in distance results from the neural implementation of a linear approximation in the algorithm to transform shoulder-centered target parameters into a set of arm orientations appropriate for placing the finger on the target. The transformation to final arm orientations places visually derived information into a frame of reference where it can readily be combined with kinesthetically derived information about initial arm orientations. The combination of these representations of initial and final arm orientations could give rise to the representation of movement direction recorded in the motor cortex by Georgopoulos and his colleagues. Later stages, such as the transformation from kinematic to dynamic parameters, or to levels of muscle activation, are beyond the scope of the present model. (shrink)

Our view is that the folk concept of knowing how is more complicated than many epistemologists assume. We present four studies that go some way towards supporting our view—that the folk concept of knowledge-how is a philosophical hybrid, comprising both intellectualist and anti-intellectualist features. One upshot is, if we are going to award a presumptive status to philosophical theories of know-how that best accord with the folk concept, it ought to go to those that combine intellectualist and anti-intellectualist elements.

Can a moral monster - a person whose life is characterised by immoral actions - live a meaningful life? Pre-theoretical intuitions appear divided. For some, moral monsters can't live a meaningful life because they were immoral, while for others they did because morality is irrelevant. So what is the relationship between morality and meaning? This article contends that both sides are partially correct but for the wrong reasons: moral monsters don’t live meaningful lives, but morality is irrelevant for meaning. First, (...) it is argued moral monsters live meaningless lives not because of immoral actions per se, but rather the harm they cause. Second, that moral monsters can live meaningful lives confuses meaningfulness with significance. Significance, I propose, is conferred upon a life when one's actions impact others' well-being for good or ill. On the view, moral monsters live meaningless but significant lives. (shrink)

Pinillos’ Why We Doubt presents a powerful critique of such global skeptical assertions as “I don’t know I am not a brain-in-a-vat (BIV)” by introducing a cognitive mechanism that is sensitive to error possibilities and a Bayesian rule of rationality that this mechanism is designed to approximate. This multifaceted argument offers a novel counter to global skepticism, contending that our basis for believing such premises is underminable. In this work, we engage with Pinillos’ adoption of Bayesianism, questioning whether the Bayesian (...) principle that he invokes truly does fail to generate the verdict that we don’t we aren’t BIVs, contrary to what Pinillos asserts. Furthermore, we argue that Pinillos’ empirical argument is not empirical enough; we need a lot more empirical work if we are going to counter global skepticism and win over neutral bystanders. (shrink)

It is widely held that for a life to be conferred meaning it requires the appropriate type of agency. Call this the agency requirement. The agency requirement is primarily motivated in the philosophical literature by the assumption that there is a widespread pre-theoretical intuition that humans have the capacity for meaning whereas animals do not; and that difference must come down to their agency or lack thereof. This paper aims to undercut the motivation for the agency requirement by arguing our (...) pre-theoretical intuitions actually run opposite; that animals, and even objects, can have meaningful lives/existences. The argument is twofold. First, I extend an existing argument for animals as having a capacity for meaning to objects. Second, I argue maintaining that only humans have the capacity for meaning results in the more counterintuitive upshot that all animals and objects have, by definition, meaningless existences. Since we pre-theoretically believe that anything can be meaningful—even things which by definition lack agency—then we have strong reason for being sceptical about an agency requirement for meaning in life. (shrink)

In this paper, I develop a theory on which each of a thing’s abundant properties is immanent in that thing. On the version of the theory I will propose, universals are abundant, each instantiated universal is immanent, and each uninstantiated universal is such that it could have been instantiated, in which case it would have been immanent. After setting out the theory, I will defend it from David Lewis’s argument that such a combination of immanence and abundance is absurd. I (...) will then advocate the theory on the grounds that it accomplishes all of Lewis’s “new work” while providing a gain in parsimony and a new account of fine-grained content. I will close with a discussion of how the theory also affords a new reply to two objections to uninstantiated universals: Armstrong’s charge that they are inconsistent with naturalism, and a Benacerraf-Field-style objection about epistemic access. (shrink)

According to the traditional bundle theory, particulars are bundles of compresent universals. I think we should reject the bundle theory for a variety of reasons. But I will argue for the thesis at the core of the bundle theory: that all the facts about particulars are grounded in facts about universals. I begin by showing how to meet the main objection to this thesis (which is also the main objection to the bundle theory): that it is inconsistent with the possibility (...) of distinct qualitative indiscernibles. Here, the key idea appeals to a non-standard theory of haecceities as non-well-founded properties of a certain sort. I will then defend this theory from a number of objections, and finally argue that we should accept it on the basis of considerations of parsimony about the fundamental. (shrink)

Positively re-assesses the relationship between body and soul in Plato's later dialogues, focusing on the harmony between them.