In this essay I articulate and defend a thesis about the nature of morality called “the embodiment thesis”. The embodiment thesis states that moral values underdetermine the obligations and entitlements of individual persons, and that actual social institutions must embody morality by specifying these moral relations. I begin by presenting two thought experiments that elucidate and motivate the embodiment thesis. I then proceed by distinguishing the embodiment thesis from a Rawlsian doctrine about the nature of justice, from the doctrine of (...) moral relativism, and from solutions to the coordination problem of rational choice theory. (shrink)

The claim that corporations are not people is perhaps the most frequently voiced criticism of the United States Supreme Court decision Citizens United v. Federal Election Commission. There is something obviously correct about this claim. While the nature and extent of obligations with respect to group agents like corporations and labor unions is far from clear, it is manifest in moral understanding and deeply embedded in legal practice that there is no general requirement to treat them like natural persons. Group (...) agents may be denied rights to marry, vote, or run for public office. More generally the need to guard against discrimination, the core injustice in racism and sexism, has no direct application to the case of group agents. There is also something obviously incorrect about the claim that corporations are not people. The legal practice of treating some group agents as persons under law is ancient, found already in Roman law at the time of Justinian. In this essay I propose that reflection on this tension reveals that fundamental revision to the doctrine of legal personhood is needed. More specifically I propose that legal personhood be decomposed into at least two elements—standing and liability—and that legal systems reject the principle that an entity possesses one just in case it possesses the other. The import of this change ramifies broadly. Decomposing legal personhood not only enables a satisfactory account of the status of corporations and labor unions, who as such have liability but not standing, it also enables a satisfactory account of the status of those who as such have standing but not liability: severely mentally disabled persons, very young children, and non-human animals with phenomenal consciousness but lacking capacities to understand reasons and justifications. (shrink)

Despite great advances in recent scholarship on the political philosophy of John Rawls, Rawls’s conception of stability is not fully appreciated. This essay aims to remedy this by articulating a more complete understanding of stability and its role in Rawls’s theory of justice. I argue that even in A Theory of Justice Rawls maintains that within liberal democratic constitutionalism judgments of relative stability typically adjudicate decisively among conceptions of justice and is committed to more deeply than to the substantive content (...) of justice as fairness. This essay thus emphasizes the continuity of Rawls’s thought over time and motivates the position that Rawlsian stability is as philosophically significant and distinctively Rawlsian as justice as fairness itself. (shrink)

The two leading traditions of theorizing about democratic legitimacy are liberalism and deliberative democracy. Liberals typically claim that legitimacy consists in the consent of the governed, while deliberative democrats typically claim that legitimacy consists in the soundness of political procedures. Despite this difference, both traditions see the need for legitimacy as arising from the coercive enforcement of law and regard legitimacy as necessary for law to have normative authority. While I endorse the broad aims of these two traditions, I believe (...) they both misunderstand the nature of legitimacy. In this essay I argue that the legitimacy of a law is neither necessary nor sufficient for its normative authority, and I argue further that the need for legitimacy in law arises regardless of whether the law is coercively enforced. I thus articulate a new understanding of the legitimacy and authority of law. (shrink)

Recently there has been a somewhat surprising interest among Kantian theorists in the moral standing of animals, coupled with a no less surprising optimism among these theorists about the prospect of incorporating animal moral standing into Kantian theory without contorting its other attractive features. These theorists contend in particular that animal standing can be incorporated into Kantian moral theory without abandoning its logocentrism: the claim that everything that is valuable depends for its value on its relation to rationality. In this (...) essay I raise doubts about the prospects for accommodating animal moral standing within a logocentric Kantianism. I argue instead that the best way to incorporate animal moral standing into Kantian theory is to admit more radical departures from Kant’s position by maintaining that consciousness is a locus of moral standing independent from rationality. I propose that we should attribute moral standing to all conscious animals because the capacity of consciousness is the criterion distinguishing individuals whose well-being generates reasons from individuals whose well-being fails to do so. We need such a criterion because we speak of the well-being of things, such as artifacts and meteorological phenomena, which clearly lack moral standing. Having already argued against the Kantian view that the criterion of moral standing is rationality, I proceed to argue that consciousness is also superior to its other principal rival for the criterion of moral standing: life. On the view that emerges from this discussion, we have obligations to show concern for conscious individuals by treating their well-being as providing us with reasons for action; the view thus endorses the criterion of moral standing typically advanced by utilitarians. On this view we also have a distinct class of obligations to show respect for conscious rational individuals; the view thus endorses the Kantian claim that persons have a distinctive moral status in virtue of their possession of rational capacities. In this essay thus begin to show how a principal insight of each leading approach to modern moral theory may be captured in a unified theory. (shrink)

In this essay I distinguish categories of animals by their mental capacities. I then discuss whether punishment can be appropriate for animals of each category, and if so what form punishment may appropriately take for animals of each category. The aim is to illuminate each type of punishment through comparison and contrast with the others. This both forestalls the overintellectualization of punishment which arises from viewing humans as the only paradigm case and forestalls the underintellectualization of human punishment which results (...) from making no essential reference, in an account of human punishment, to the human capacity for specifically critical reasoning. (shrink)

In this article I articulate two pairs of theses about the relationship between the right and the good and I sketch an account of morality that systematically vindicates all four theses, despite a nearly universal consensus that they are not all true. In the first half I elucidate and motivate the theses and explain why leading ethical theorists maintain that at least one of them is false; in the second half I present the outlines of an account of the relationship (...) between the right and the good satisfying all four theses. (shrink)

In this essay I review an underappreciated strand of thought according to which the best Kantian moral theory has less in common with paradigmatically deontological theories and more in common with virtue theories than is standardly maintained. I then argue this program should be continued further, to provide not only a virtue-based account of moral judgment but also a virtue-based account of moral worth. I make a case that this fusion of Kantian theory with virtue theory provides the best account (...) of moral rules, and I close by suggesting that it generates a promising new understanding of moral rights. (shrink)

In his essay “The Integration of the Ethic of the Respectful Use of Animals into the Law”, David Favre begins to articulate a new framework for understanding the legal status of nonhuman animals. The present essay supports the broad contours of Favre’s framework, but raises challenges for some of the framework’s elements. The first half questions Favre’s claim that possession of DNA and the capacity for life underlie the need for a more robust conception of animal legal standing. The second (...) half questions Favre’s prior proposal that animals be deemed persons under law and questions his pragmatic suggestion that judges and scholars refrain from specific speculations about the moral status of animals. (shrink)

There is disagreement among contemporary theorists regarding human well-being. On one hand there are “substantive good” views, according to which the most important elements of a person’s well-being result from her nature as a human, rational, and/or sentient being. On the other hand there are “agent-constituted” views, which contend that a person’s well-being is constituted by her particular aims, desires, and/or preferences. Each approach captures important features of human well-being, but neither can provide a complete account: agent-constituted theories have difficulty (...) accounting for the normativity of their claims, and substantive good theories have difficulty accounting for how a person’s actually adopted aims shape what is good for her and hence what she has reason to do. I articulate and defend a hybrid view that equals these approaches in systematicity and completeness of explanation yet seeks to surpass them in coherence with our ordinary judgments about what human well-being consists in. This hybrid view maintains, with agent-constituted theories, that a person’s well-being is (1) significantly constituted by her actually adopted aims; (2) deeply contingent; (3) agent-relative; (4) significantly dependent on spatially and temporally remote events; and (5) significantly independent of her experiences. The hybrid view also maintains, with substantive good theories, that a person’s well-being is (6) in part determined by facts independent of her aims, desires, and preferences; (7) such that all her aims are subject to critical evaluation and revision; and (8) constituted by her aims only if these aims are choiceworthy. (shrink)

The Acknowledgment section of this article was inadvertently misprinted. The following sentence should have concluded the Acknowledgment: Above all I would like to thank Spenser Powell. This essay would not have been possible without the many conversations we shared as he composed his exceptional undergraduate thesis, Equality of Participation, at the University of Tennessee. We deeply regret this omission.

Logic is a field studied mainly by researchers and students of philosophy, mathematics and computing. Inductive logic seeks to determine the extent to which the premises of an argument entail its conclusion, aiming to provide a theory of how one should reason in the face of uncertainty. It has applications to decision making and artificial intelligence, as well as how scientists should reason when not in possession of the full facts. In this work, Jon Williamson embarks on a quest to (...) find a general, reasonable, applicable inductive logic (GRAIL), all the while examining why pioneers such as Ludwig Wittgenstein and Rudolf Carnap did not entirely succeed in this task. (shrink)

This chapter provides an overview of a range of probabilistic theories of causality, including those of Reichenbach, Good and Suppes, and the contemporary causal net approach. It discusses two key problems for probabilistic accounts: counterexamples to these theories and their failure to account for the relationship between causality and mechanisms. It is argued that to overcome the problems, an epistemic theory of causality is required.

The orthodox view in statistics has it that frequentism and Bayesianism are diametrically opposed—two totally incompatible takes on the problem of statistical inference. This paper argues to the contrary that the two approaches are complementary and need to mesh if probabilistic reasoning is to be carried out correctly.

Practical reasoning requires decision—making in the face of uncertainty. Xenelda has just left to go to work when she hears a burglar alarm. She doesn’t know whether it is hers but remembers that she left a window slightly open. Should she be worried? Her house may not be being burgled, since the wind or a power cut may have set the burglar alarm off, and even if it isn’t her alarm sounding she might conceivably be being burgled. Thus Xenelda can (...) not be certain that her house is being burgled, and the decision that she takes must be based on her degree of certainty, together with the possible outcomes of that decision. (shrink)

The EBM+ programme is an attempt to improve the way in which present-day evidence-based medicine (EBM) assesses causal claims: according to EBM+, mechanistic studies should be scrutinised alongside association studies. This paper addresses two worries about EBM+: (i) that it is not feasible in practice, and (ii) that it is too malleable, i.e., its results depend on subjective choices that need to be made in order to implement the procedure. Several responses to these two worries are considered and evaluated. The (...) paper also discusses the question of whether we should have confidence in medical interventions, in the light of Stegenga’s arguments for medical nihilism. (shrink)

This chapter presents an overview of the major interpretations of probability followed by an outline of the objective Bayesian interpretation and a discussion of the key challenges it faces. I discuss the ramifications of interpretations of probability and objective Bayesianism for the philosophy of mathematics in general.

This article explores the nature and theoretical import of a hitherto neglected class of fictions which we term ‘self-involving interactive fictions’. SIIFs are interactive fictions, but they differ from standard examples of interactive fictions by being, in some important sense, about those who consume them. In order to better understand the nature of SIIFs, and the ways in which they differ from other fictions, we focus primarily on the most prominent example of the category: video-game fictions. We argue that appreciating (...) the self-involving nature of video-game fictions is key to understanding various otherwise puzzling phenomena concerning the ways in which consumers respond to them. Video-game fictions are, however, far from being the only extant example of this class; and we suggest that the recent philosophical interest in video games would be better focused on the wider class of self-involving interactive fictions. (shrink)

Panic buying of toilet rolls in Australia began in early March 2020. This was related to the realisation that the novel coronavirus was spreading across the country. To the general population the impact of the virus was unknown. Gradually the federal government started closing the country’s borders. The panic buying of toilet rolls was not unique to Australia. It happened across all societies that used toilet paper rather than water to clean after defecation and urination. However, research suggests that the (...) panic buying was most extreme in Australia. This article argues that the panic buying was closely linked to everyday notions of Western civilisation. Pedestal toilets and toilet paper are key aspects of civilisation and the fear of the loss of toilet paper is connected to anxiety about social breakdown, the loss of civilisation. This is the fear manifested in the perceived threat posed by the virus. (shrink)

Much attention has been focused in recent years on the ethical acceptability of physicians receiving gifts from drug companies. Professional guidelines recognize industry gifts as a conflict of interest and establish thresholds prohibiting the exchange of large gifts while expressly allowing for the exchange of small gifts such as pens, note pads, and coffee. Considerable evidence from the social sciences suggests that gifts of negligible value can influence the behavior of the recipient in ways the recipient does not always realize. (...) Policies and guidelines that rely on arbitrary value limits for gift-giving or receipt should be reevaluated. (shrink)

The EBM+ programme is an attempt to improve the way in which present-day evidence-based medicine (EBM) assesses causal claims: according to EBM+, mechanistic studies should be scrutinised alongside association studies. This paper addresses two worries about EBM+: (i) that it is not feasible in practice, and (ii) that it is too malleable, i.e., its results depend on subjective choices that need to be made in order to implement the procedure. Several responses to these two worries are considered and evaluated. The (...) paper also discusses the question of whether we should have confidence in medical interventions, in the light of Stegenga's arguments for medical nihilism. (shrink)

Controversial industry sectors, such as alcohol, gambling, and tobacco, though long-established, suffer organizational legitimacy problems. The authors consider various strategies used to seek organizational legitimacy in the U.K. casino gambling market. The findings are based on a detailed, multistakeholder case study pertaining to a failed bid for a regional supercasino. They suggest four generic strategies for seeking organizational legitimacy in this highly complex context: construing, earning, bargaining, and capturing, as well as pathways that combine these strategies. The case analysis and (...) proposed bidimensional model of generic legitimacy-seeking strategies contribute to limited literature on organizational legitimacy in controversial industry sectors. In addition, beyond organizations active in controversial contexts, this study and its implications are useful for individuals and organizations supporting or opposing the organizational legitimacy of organizations in controversial industries. (shrink)

The essays in this provocative collection survey and assess institutional arrangements that offer possible alternatives to capitalism as it exists today. The point of departure agreed upon by the contributors is that on the one hand, capitalism produces unemployment, a lack of autonomy in the workplace, and massive income inequalities; while on the other, central socialist planning is characterized by underemployment, inefficiency, and bureaucracy. In Part I of the volume, various alternatives are proposed: profit-sharing systems, capitalism combined with some central (...) planning, worker-owned firms in a market economy into a centrally planned economy, as has occurred recently in Hungary. Part II provides a theoretical analysis and assessment of these systems. This book is the first to cover such a wide range of subjects as central planning, market socialism, and profit sharing. It will prove indispensable to political and social scientists, and economists. (shrink)

This essay examines Perth as portrayed through the lyrics of popular songs written by people who grew up in the city. These lyrics tend to reproduce the dominant myths about the city: that it is isolated, that it is self-satisfied, that little happens there. Perth became the focus of song lyrics during the late 1970s time of punk with titles such as ‘Arsehole of the Universe’ and ‘Perth Is a Culture Shock’. Even the Eurogliders’ 1984 hit, ‘Heaven Must Be There’, (...) is based on a rejection of life in Perth. However, Perth was also home to Dave Warner, whose songs in the 1970s and early 1980s offered vignettes, which is itself a title of one of Warner’s tracks, of the youthful, male suburban experience. The essay goes on to examine songs by the Triffids, Bob Evans, Sleepy Township and the Panda Band. (shrink)

The chief concepts involved are those of piety and impiety, and after a thorough analysis of the philosophical texts Mikalson offers a refined definition of ...

Critical Theory has traditionally been interested in engaging classical psychoanalysis rather than addressing postclassical thought. For the first time, this volume brings Critical Theory into proper dialogue with modern developments in the psychoanalytic movement and covers a broad range of topics in contemporary society that revisit the Frankfurt School and its contributions to psychoanalytic social critique.

Although their work in the philosophy of biology is not well known, Heidegger, Merleau-Ponty, and Ruyer all offer interesting and heterodox accounts of the life and environmental sciences and the organism in particular. In this chapter, we discuss their respective views, with a focus on their shared criticisms of Neo- Darwinism and the way this tradition grasped the structural coupling between organism and environment. We also outline some significant differences between each of them concerning how to conceive of that holistic (...) relation and the extent of “captivation” of the animal to its environment. Given that there are indications that the twenty-first century might be post-genomic/epigenetic, we argue that it is worth revisiting these neglected organicist trajectories that sought to navigate between mechanism and vitalism. (shrink)

Much has been written about the escalating intolerance of worldviews other than one's own. Reasoned arguments based on facts and data seem to have little impact in our increasingly post-truth culture dominated by social media, fake news, tribalism, and identity politics. Recent advances in the study of human cognition, however, offer insights on how to counter these troubling social trends. In this book, psychologist Jon F. Wergin calls upon recent research in learning theory, social psychology, politics, and the arts to (...) show how a deep learning mindset can be developed in both oneself and others. Deep learning is an acceptance that our understanding of the world around us is only temporary and is subject to constant scrutiny. Someone who is committed to learning deeply does not simply react to experiences, but engages fully with that experience, knowing that the inevitable disquietude is what leads to efficacy in the world. (shrink)

B. F. Skinner's claim that "operant behavior is essentially the field of purpose" is systematically explored. It is argued that Charles Taylor's illuminating analysis of the explanatory significance of common-sense goal-ascriptions (1) lends some (fairly restricted) support to Skinner's claim, (2) considerably clarifies the conceptual significance of differences between operant and respondent behavior and conditioning, and (3) undercuts influential assertions (e.g., Taylor's) that research programs for behavioristic psychology share a "mechanistic" orientation. A strategy is suggested for assessing the plausibility of (...) Skinner's broader claims about the adequacy of the operant behaviorist program for the analysis of purposive behavior. (shrink)

The eleven essays in this volume, supplemented by an editorial introduction, centre around three overlapping problems. First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and private property? This comprehensive discussion of the problems inherent in constitutional democracy will be of interest to students in a variety of social sciences. It (...) illuminates particularly the current efforts of many countries, especially in Latin America, to establish stable democratic regimes. (shrink)