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)

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)

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.

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)

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)

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)

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)

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)

Abstract:This essay performs an anticolonial and poetic methodology of combining Black and Native feminists' deconstruction of metaphor and metaphysics in order to argue for the centrality of colonial metaphor to colonial metaphysics. I combine their analyses of the separate gendered metaphors of Blackness and Indianness and the centrality of these metaphors to the development of a global metaphysics as well as the transference of the terms of metaphysics to whiteness. I then apply this method of combined terms and readings to (...) white colonial writing that compares Black and Native America, which transforms both communities not only into individually potent, gendered metaphors but into an essential poetic pairing, a poetic couplet. Drawing on the work of Black and Native feminists, I further argue that when we take this paired model to evaluate the political concerns of Black and Native America, we come to a more complete and global understanding and refutation of whiteness. The creation, connection, and comparison of the gendered metaphors and archetypical figures of the "African Slave" and "Indian Savage" are important to each other and to the creation of a Western conception of the globe. Colonialism uses gender to compound metaphor's ability to create, by combining metaphors of gender with metaphors of race and colonialism to develop new symbolic amalgamations. This gestalt of metaphors comes together in order to create a fictive European metaphysics used to ameliorate white fears of the diversity of life on planet Earth and to satisfy white desires to control it. In this coupled metaphoric form, Blackness and Indianness are not connected by analogy but by the open-ended cut, the caesura, of poetry and the violence of slavery and conquest. I offer this anticolonial and poetic pairing as a model for political imagining between Black and Native theory. (shrink)

In this paper, I argue that there are universals. I begin (Sect. 1) by proposing a sufficient condition for a thing’s being a universal. I then argue (Sect. 2) that some truths exist necessarily. Finally, I argue (Sects. 3 and 4) that these truths are structured entities having constituents that meet the proposed sufficient condition for being universals.

As Mexico endures the far-reaching economic and social dislocations wrought by neoliberalism, many predominantly rural states in southern Mexico have witnessed an unprecedented northward exodus of working age men and women. This article argues that in response to these intense pressures to emigrate, poor men from rural Mexico do more than make instrumental calculations about migration to the border; they must negotiate masculine ideals and adopt strategic gendered practices in relation to the migration experience and the dynamic economic, social and (...) cultural conditions of the border region. This article finds that men adopt one or a hybrid of three fluid masculine stances—traditionalist, adventurer, and breadwinner—in response to migration pressures in neoliberal Mexico. (shrink)

Confucian moral philosophy doesn't seem to provide a theory of excuses. I explore an explanatory hypothesis to explain how excuse conditions might be built into the Confucian doctrine of rectifying names. In the process, I address the issue of the motivation for the theory. The hypothesis is that the theory provides not only excuse conditions, but also exception and conflict resolution roles for an essentially positive morality rooted in the traditional code of 禮 li/ritual, transmitted from the ancient sage kings. (...) The relatively fixed content of this text-like moral code required aggressive interpretive leeway to cope with the problems endemic in rule deontological and etiquette-like normative schemes. (shrink)

David Lewis (1986) criticizes moderate views of composition on the grounds that a restriction on composition must be vague, and vague composition leads, via a precisificational theory of vagueness, to an absurd vagueness of existence. I show how to resist this argument. Unlike the usual resistance, however, I do not jettison precisificational views of vagueness. Instead, I blur the connection between composition and existence that Lewis assumes. On the resulting view, in troublesome cases of vague composition, there is an object, (...) which definitely exists, about which it is vague whether the relevant borderline parts compose it. (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)

Some propositions are not likely to be true overall, but are likely to be true if you believe them. Appealing to the platitude that belief aims at truth, it has become increasingly popular to defend the view that such propositions are epistemically rational to believe. However, I argue that this view runs into trouble when we consider the connection between what’s epistemically rational to believe and what’s practically rational to do. I conclude by discussing how rejecting the view bears on (...) three other epistemological issues. First, we’re able to uncover a flaw in a common argument for permissivism. Second, we can generate a problem for prominent versions of epistemic consequentialism. Finally, we can better understand the connection between epistemic rationality and truth: epistemic rationality is a guide to true propositions rather than true beliefs. (shrink)

According to epistemic utility theory, epistemic rationality is teleological: epistemic norms are instrumental norms that have the aim of acquiring accuracy. What’s definitive of these norms is that they can be expected to lead to the acquisition of accuracy when followed. While there’s much to be said in favor of this approach, it turns out that it faces a couple of worrisome extensional problems involving the future. The first problem involves credences about the future, and the second problem involves future (...) credences. Examining prominent solutions to a different extensional problem for this approach reinforces the severity of the two problems involving the future. Reflecting on these problems reveals the source: the teleological assumption that epistemic rationality aims at acquiring accuracy. (shrink)

In this paper, I argue against the claim recently defended by Josh Weisberg that a certain version of the self-representational approach to phenomenal consciousness cannot avoid a set of problems that have plagued higher-order approaches. These problems arise specifically for theories that allow for higher-order misrepresentation or—in the domain of self-representational theories—self-misrepresentation. In response to Weisberg, I articulate a self-representational theory of phenomenal consciousness according to which it is contingently impossible for self-representations tokened in the context of a conscious mental (...) state to misrepresent their objects. This contingent infallibility allows the theory to both acknowledge the (logical) possibility of self-misrepresentation and avoid the problems of self-misrepresentation. Expanding further on Weisberg’s work, I consider and reveal the shortcomings of three other self-representational models—put forward by Kreigel, Van Gulick, and Gennaro—in order to show that each indicates the need for this sort of infallibility. I then argue that contingent infallibility is in principle acceptable on naturalistic grounds only if we attribute (1) a neo-Fregean kind of directly referring, indexical content to self-representational mental states and (2) a certain ontological structure to the complex conscious mental states of which these indexical self-representations are a part. In these sections I draw on ideas from the work of Perry and Kaplan to articulate the context-dependent semantic structure of inner-representational states. (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.

Zhuangzi and Hui Shi's discussion about whether Zhuangzi knows 'fish's happiness' is a Daoist staple. The interpretations, however, portray it as humorous miscommunication between a mystic and a logician. I argue for a fine inferential analysis that explains the argument in a way that informs Zhuangzi philosophical lament at Hui Shi's passing. It also reverses the dominant image of the two thinkers. Zhuangzi emerges as the superior dialectician, the clearer, more analytic epistemologist. Hui Shi's arguments betray his tendency (manifest elsewhere) (...) to misstate the conclusions of their shared relativism leading him but not Zhuangzi to intuitive mysticism. (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)

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)

I join the growing ranks of theorists who reject the terms of traditional debates about the nature of emotion, debates that have long focused on the question of whether emotions should be understood as either cognitive or somatic kinds of states. Here, I propose and defend a way of incorporating both into a single theory, which I label the “Integrated Representational Theory” of emotion. In Section 2 I begin to construct the theory, defining and explaining emotions in terms of three (...) pieces of content: representations of the emoter’s body, something in the world, and a relevance relation between the objects of these first two pieces of content. I describe four general advantages I think the IRT offers. Finally, in Section 3, I elucidate and defend my account by contrasting it with another, similar proposal: Barlassina and Newen’s Impure Somatic Theory. In so doing, I explain two additional advantages of my view: first, it supports a unified explanation of all types of emotional response; and second, it offers the best framework for explaining how the representational contents of an emotion are integrated. (shrink)