THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS. -/- The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: (...) there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into an unpalatable moral relativism on which there is no non-arbitrary basis between a justice that underwrites forms of domination such as slavery and a justice that condemns such forms of domination is equally powerful and compelling. I show that there is a way to harmonize both views that is subject to empirical test. -/- First I show that the most widely accepted and influential formulation of liberal justice, John Rawls' Justice as Fairness, in. e.g, A Theory of Justice, cannot avoid the relativistic challenge because it would not be accepted, as a matter of sociological fact, by real people in a divided society once the "veil of Ignorance" is removed and real people step out from the Original Position. To put it differently, different reflective equilibria are inevitable in a divided society. Given the weight that Rawls properly puts on the realizability of a conception of justice and its stability in practice, this is a fatal objection. There can be no divided society that is "well ordered" in Rawls' sense, governed by a shared conception of justice and known to be so governed. -/- I then turn to the most powerful statement of the CLS view, Milton's Fisk's relativistic account in The State and Justice. For Fisk, justice is a compromise between what the dominant groups can compel and what the the subordinate groups will acquiesce to., There is no one such compromise in any given situation, so the account is in that sense relativistic, but more deeply, it is relativistic in that it offers no non-arbitrary, non-question begging way to choose between the official justice of, e.g., a slaveholding society and and the radical justice of the slaves, which has no place for slaveholders as a group or slavery as an institution.All that Fisk can offer is an arbitrary existential choice: I'm with the slaves. (Or the slaveowners.) Most of us would find this disconcerting or even unacceptable. -/- I show that Fisk's general sort of account can be modified to allow for an non-arbitrary choice. Given general facts about human nature, societies based on domination will produce resistance that over the long run will diminish or eliminate various forms of domination. Through a sort of ratchet effect, rights won will be hard if not impossible to reverse. Societies embodying forms of domination can therefore be compared on dimensions of stability: the more domination, the more resistance, and the less stability. Such societies are inferior on the dimension of justice to more emancipatory society on the terms of both kinds of justice, official and radical. -/- This is not question begging because regimes of domination incorporate stability no less than more emancipatory social orders. The choice between official justice embodying domination and radical justice that does not is not arbitrary because it is based on a shared commitment to long term stability. This offers an empirical test of which social orders are more justice, and a prediction that over time, domination will tend to decrease. (shrink)

In this Article, I propose a novel law and economics explanation of a deeply puzzling aspect of business organization in market economies. Why are virtually all firms organized as capital-managed and -owned (capitalist) enterprises rather than as labor-managed and -owned cooperatives? Over 150 years ago, J.S. Mill predicted that efficiency and other advantages would eventually make worker cooperatives predominant over capitalist firms. Mill was right about the advantages but wrong about the results. The standard explanation is that capitalist enterprise is (...) more efficient. Empirical research, however, overwhelmingly contradicts this. But employees almost never even attempt to organize worker cooperatives. I critique the explanations of the three leading analysts of the subject (N. Scott Arnold, Henry Hansmann, and Gregory Dow), all of whom offer are different transactions cost accounts, as logically defective and empirically inadequate. I then propose an explanation that has been oddly neglected in the literature, that the rarity of cooperatives is explained by the collective action problem identified by writers such as Mancur Olson. Labor management is a public good that generates the n-person prisoner’s dilemma which gives rational actors the incentive to create it in suboptimal (or no) amounts. I support this by reference to the empirical facts about the origin of existing cooperatives and show that this explanation requires no strong version of a questionable rational choice theory. This explanation is supplemented by the mere exposure or familiarity effect derived from social and cognitive psychology, which turns on the fact that labor managed firms are rare, in part because of the public goods problem, thus unfamiliar, which makes them less attractive and thus more likely to be rare. My account points advocates of labor management towards solutions such as institutional changes in incentives, which, however, themselves involve public goods issues. (shrink)

Debate about legal and policy reform has been haunted by a pernicious confusion about human nature, the idea that it is a set of rigid dispositions, today generally conceived as genetic, that is manifested the same way in all circumstances. Opponents of egalitarian alternatives argue that we cannot depart far from the status quo because human nature stands in the way. Advocates of such reforms too often deny the existence of human nature because, sharing this conception, they think it would (...) prevent changes they deem desirable. Both views rest on deep errors about what it is to have a nature and how genetics works. Human nature, like the nature of anything else, is a set of potentials to behave certain ways in given environments, not a nonsocial genetic something that inevitably produces the same result in any environment. To say that existing inequalities, are due to our genes, inalterable because heritable, ignores that genetic propensities may be differently manifested in different environments. Heritability has meaning only relative to an environment and a population and implies nothing about inevitability. A better sort of inegalitarian argument is that a proposed reform, given our nature, would be too costly even if possible. However, this sort of argument is too rarely supported by evidence and generally ignores the costs of existing inequalities. But egalitarians err in supposing that, if behavior is unconstrained by biology, the status quo is easily alterable. The environment may be extremely hard to change. Legal and policy debate should adopt a correct understanding of human nature as a set of propensities and ask of any proposed reform agreed to be otherwise desirable what and how alterable are its causes, genetic, environmental, or more accurately both. (shrink)

The antireductionist arguments of many philosophers (e.g., Baker, Fodor and Davidson) are motivated by a worry that successful reduction would eliminate rather than conserve the mental. This worry derives from a misunderstanding of the empiricist account of reduction, which, although it does not underwrite "cognitive suicide", should be rejected for its positivist baggage. Philosophy of psychology needs more detailed attention to issues in natural science which serve as analogies for reduction of the mental. I consider a range of central cases, (...) including water and H 2 O, genes and DNA, and common sense and scientific solidity. The last case is illuminated by Eddington's Two Tables paradox, a resolution which suggests the plasticity of the mental under reduction. If reduction of the mental is like any of these cases, it is neither empiricist nor eliminative. (shrink)

Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists (...) produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately on having produced something. (A view oddly enough shared with the libertarian right, though the LTP is better support for egalitarian or socialist views; see my From Libertarianism to Egalitarianism, 18 Social Theory & Prac. 259-288 (1992).) -/- I show that the idea that Marx's objection to exploitation is based on injustice or LTP-grounded theft is mistaken. Marx's real objection to exploitation is based on unfreedom, that capitalist relations of production, he thinks, unnecessarily limit human freedom. In the first place Marx is quite clear that he vehemently rejects the concepts of justice, fairness, or rights as bourgeois ideology. It is true that he uses the language of "theft" on occasion, but either a literal interpretation of that language must be abandoned, or his consistent, life-long objection to rights- and justice talk must be given up. Second, the structure, indeed the point, of his analysis of the laws of motion of capitalism, is that capitalists make profits through exploitation of labor -- without cheating -- by the normal "legitimate" operation of the system. Other arguments make the same point. -/- The unfreedom or force-based view, though not necessarily my specific arguments advocated so far is shared by a minority of other writers, such as Nancy Holmstrom and Richard Arneson. What my paper offers that is novel, part from arguments for the foregoing that are different and better than those found elsewhere (although Holmstrom and Arneson are excellent), is an account of in detail of what Marx regards as the real problem with exploitation. -/- I analyze Marx's objection that capitalist exploitation causes unnecessary unfreedom by distinguishing and spelling out three different kinds of freedom that he invokes: classic negative freedom, or noninterference; positive freedom, understood as control over or access to the resources enabling one to exercise one's negative freedom; and "real" freedom, as he puts it, the ability to "give the law to oneself," to regulate one's own activities under rules chosen by oneself, to develop one's capacities by autonomous choice. This puts Marx in the tradition going back through Hegel and Kant to Rousseau, the first express advocate of this idea. The opposite of real freedom, the unfreedom due to lack of autonomy, is alienation. -/- I conclude by stating that I think that justice-based objections to exploitation that avoid Marx's objections to the concept are possible. I do not attempt to spell these out here. I take up that task in my subsequently published paper Relativism, Reflective Equilibrium, and Justice, 17 Legal Stud.,128-168 (1997). -/- The present paper is related to and partly overlaps with my paper In Defense of Exploitation, 11 Econ. & Phil. 49-81 (1995), a critique of John Roemer's equality based account of the nature of exploitation and its wrongness. The research and writing of this paper was financially supported by the philosophy department of The Ohio State University. -/- Keywords: Exploitation, Justice, Unjustice, Theft, Labor Theory of Property, Marx, Freedom, Unfreedom, Rights, Fairness, Critique of Justice, Negative Freedom, Positive Freedom, Real Freedom, Alienation, G.A. Cohen, Norman Geras. (shrink)

A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed (...) by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a point) so that they can manipulate it for profit. Their survival in the marketplace often depends on their competitive success in doing so. The fact that their interventions into nature, driven by class interest, often succeed, is evidence of the reliability and truth of their natural scientific theories. -/- With social science, capitalists have a partial interest in understanding the world, so that they may maintain their class power, ideological hegemony, and a reasonably stable and self-reproducing economy. Some bourgeois social science, Marx thinks, is therefore vindicated the same way that natural science is, because of, not despite, its success in promoting the class interests that cause it. But the capitalist class, Marx thinks, also has an interest in obfuscating the truth about the social world. It would undermine the stability of capitalism, for example, for the bourgeoisie to adopt what Marx thinks to be the correct social theory, Marxism, and proclaim to the world that capitalism is exploitative and unstable. Capitalism creates a a need for ideological social theories that, driven by class interest, represent capitalism as just, natural, inevitable, and unalterable. If Marxism is correct, while these theories may further capitalist interests, they will not withstand the test of time as capitalist exploitation and instability engenders countersystemic political action. -/- How, then can we know, according to Marx, that Marxism is correct, as applied to itself? In part it is whether it succeeds in further the class interests that cause it. If workers adopt bourgeois theories and Marxism is right, they will find themselves frustrated in pursuit of goals that they have, such as improving their well-being, and if Marxism is wrong, then those theories will help them further their own goals. Similarly with Marxism: if it is right, then workers who adopt it should in the long run have more success in furthering their own goals, and if not, then not. But it is question begging to say that our confidence in the reliability of Marxism is enhanced by its successful promotion of goals that capitalists do not have but (according to Marxism) workers do. To avoid this problem it is necessary to compare the relative success of each sort of theory in promoting the interests and needs that the respective classes have independently of the theory, as well as by the usual criteria of scientific theory choice. -/- Thus the Soviet variant of Marxism was fairly decisively refuted by its failure to generate the support of its own designated constituency necessary to grow and survive. Whether the same is true of other varieties of Marxism or of capitalist social theory, it is, as Zhou En Lai said when asked whether the French Revolution had succeeded, too soon to tell, at least in any definitive way. However, and this is the point of the paper, an objective test of Marxism is possible even though Marxism says that all theory is informed by class interest. The question is whether the interests are in discovering or obfuscating the truth. The point is not limited to Marx, but applies to any self-referential social scientific theory that includes itself in its scope. -/- Keywords: ideology, self-referential theory, self-reference, reliabilism, objectivity, Marx, Marxism, sociology of science, class interest, classes, capitalism, bourgeoisie, workers, working class, social theory of knowledge, confirmation of scientific theory. (shrink)

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes (...) to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

G. A. Cohen defends and Jon Elster criticizes Marxist use of functional explanation. But Elster's mechanical conception of explanation is, contrary to Elster's claims, a better basis for vindication of functional explanation than Cohen's nomological conception, which cannot provide an adequate account of functional explanation. Elster also objects that functional explanation commits us to metaphysically bizarre collective subjects, but his argument requires an implausible reading of methodological individualism which involves an unattractive eliminativism about social phenomena.

This paper critiques the view, widely held by philosophers of mind and cognitive scientists, that psychological explanation is a matter of ascribing propositional attitudes (such as beliefs and desires) towards language-like propositions in the mind, and that cognitive mental states consist in intentional attitudes towards propositions of a linguistic quasi-linguistic nature. On this view, thought is structured very much like a language. Denial that propositional attitude psychology is an adequate account of mind is therefore, on this view, is tantamount to (...) eliminative materialism, the denial that human beings are thinking beings. -/- I dispute this on the basis of recent work in cognitive psychology and artificial intelligence. Mental models theory, on which thought is better understood as nonpropositional intentional psychology, accords better with the evidence and offers an alternative view to propositional attitude psychology -- one that means that the denial that that is propositional is not eliminative. However, I argue that propositional attitude psychology is a useful idealization, as classical mechanics is of relativity theory, strictly but not radically false, and useful for prediction and indeed, as long as its idealized character is born in mind, for explanation of behavior. (shrink)

Roemer's attempt to undermine the normative reasons that Marxists have thought exploitation important (domination, alienation, and inequality) is vitiated by several crucial errors. First, Roemer ignores the dimension of freedom which is Marx's main concern and replaces it with an interest in justice, which Marx rejected. This leads him to misconstrue the nature of exploitation as Marx understands it. Second, his procedure for disconnecting these evils from exploitation, or denying their importance, involves the methodological assumption that exploitation must strictly imply (...) these evils. He thus fails to see that exploitation may 'cause' domination, alienation, and inequality; this assumption and the focus on justice also lead him to overlook the sort of alienation that is most important to Marx and the way exploitation, as Marx understands it, does imply coercion. Roemer's alternative conception of exploitation thus fails to capture basic Marxist normative and explanatory concerns. But Roemer's insistence on the importance of justice and the need for an articulated alternative to capitalism are a necessary supplement to a Marxist account. (shrink)

Philosophers have argued that on the prevailing theory of mind, functionalism, the fact that mental states are multiply realizable or can be instantiated in a variety of different physical forms, at least in principle, shows that materialism or physical is probably false. A similar argument rejects the relevance to psychology of connectionism, which holds that mental states are embodied and and constituted by connectionist neural networks. These arguments, I argue, fall before reductios ad absurdam, proving too much -- they apply (...) as well to genes, which are multiply realizable, but the reduction of which to DNA is one the core cases of scientific reductive explanation, a reduction if anything is. -/- I suggest that psychology, like biology, be what I call "provincialized," abandon claims to universal validity, except as an idealization, and treat different classes of cognizers differently from an an explanatory perspective. This would permit specifies specific, or more precisely, provincial reductions of different psychologies that might be multiply realized if such reductions were available. Connectionism may be the foundation of a reduction of human psychology, and thus biology and connectionism retain their relevance to psychology, and physicalism or materialism is consistent with functionalism. (shrink)

A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John Locke (...) and Robert Nozick. Locke saw and Nozick agreed that fairness to others requires a proviso: that I leave "enough and as good" for others. The same considerations apply to legitimate acquisition by voluntary exchange, gift, or bequeathal. -/- This sort of argument has been critiqued for the purely hypothetical and counterfactual nature of its premises, for the coherence of the idea of self-ownership, for the notion that mixing what I own with what I do not gives me a right in what I do not rather than wasting what I own, and for the unacceptably cruel and heartless consequences of adopting it, among other reasons. -/- However, I accept the premises and waive (though note) these objections, and formulate a new objection, showing that to give me a right in what I do not own, the labor theory of property requires a commitment to a right to what I need. I distinguish several senses of need and show that the sense of need the argument requires is "use need," the need I have to to use something to exercise my labor on it. This turns out to have a startling counter-intuitive result: the libertarian principle, so understood, turns out to be "to each according to his needs," which Marx identified as the principle of the highest phase of communism as he understood it. If communism is understood as in some sense egalitarian, this argument for libertarianism turns itself inside out into an argument for egalitarian communism. Libertarians therefore cannot use the Labor Theory of Property to defend the positions they typically wish to hold. (shrink)

Low Femme, Low Theory: An Ethno-Archive of Femme Internet Culture is a collection of four papers detailing the findings from my dissertation research, a six-month online ethnography of femme internet culture. In the first paper, I develop an understanding of femme memes as particular audiovisual content found online that appropriate and mobilize public symbols to address the devaluation of femininity. I examine three genres of femme memes, and use the frameworks of low theory and bedroom culture to argue that femme (...) memes are a way of doing femme theory, or a way of making sense out of femmes lived experiences and femmes feelings. In the second paper, I develop an understanding of softness as a contemporary femme aesthetic and poetic that employs hyperfeminine symbols, emotionality, vulnerability, and emphasizes collaboration and interdependence. I use the framework of vulnerability and emotions to argue that softness counters the individualist, masculinist modes of thinking that were introduced by and dominate white, Western thought and continue to permeate existing forms of theory, including existing femme theory and scholarship. I argue that a soft femme politic makes femme more capacious and inclusive. In the third paper, I develop an understanding of selfies as a practice in vulnerability, a practice that is strategically mobilized by femmes to shape femme identity, create femme connections and communities, and make political claims about femme lives. I draw from feminist readings of selfies as well as perspectives on art therapy to make a case that selfies serve both a political representational and communicative function. In the fourth paper, I develop an understanding of femmeships as femme friendships that are both political alliances and communities of care. I draw from scholarship on description as method and from queer cultural theorists to make a case for the importance of describing femme internet culture, in particular the ordinary, everyday interactions or relationships that are its foundation. (shrink)

Can intentional agency be captured in the naturalistic terms which explain physical nature or reduced to physical science in the way that, e.g. Mendelian genetics is explained by molecular genetics? It is widely held that intentional agency is sui generis and that the human sciences are irreducible. They must be either regarded as autonomous disciplines or replaced by explanation that meets scientific desiderata . Materialism then can be at best on ontological thesis, without explanatory punch for human behavior qua agency. (...) These irreducibility claims proceed not from empirical evidence but from untenable empiricist presuppositions about reduction, explanation, and science. When a strong unity of science thesis is stripped of these, strong forms of both reductionism about intentional explanation and materialism about the mental appear more plausible. ;Reduction should be understood not as a logical derivation on the empiricist model but as elucidation of the mechanisms that constitute phenomena described at the functional level. Talk of mental states is an idealized description of the physical mechanisms which produce behavior; mental states and their representational content are real, physical, and explicable in physical terms. Materialism should be regarded as a thesis about the constitution of these states which may but need not invoke relations of identity. Functionalism should be regarded as the thesis that intentional explanation offers abstract characterizations of the constitutive mechanisms of these states described in ideal-typical terms. The content of intentional stats itself can be naturalistically construed in terms of causal relations between cognitive systems as physical systems as the objects of their beliefs, desires, and other intentional states. These reconstruals underwrite the use of natural scientific models of explanation in the human sciences. (shrink)

Because anticipated and retrospective regret play important roles in practical deliberation and motivation, better understanding them can illuminate the contours of human agency. However, the possibility of self-ignorance and the fact that we change over time can make regret—especially anticipatory regret—not only a poor predictor of where the agent will be in the future but also an unreliable indicator of where the agent stands. Granting these, this paper examines the way in which prospective and, particularly, retrospective regret can nevertheless yield (...) important insight into the sorts of creatures we are, both generally and individually. The experience of retrospective regret can show a person she values something in a way she did not know or that she is (or was) a different person than she had thought, insights which can factor into forward-looking, or prospective, deliberation. Such instances of revelatory regret reveal something to the agent about herself as agent. I examine two cases of agential self-ignorance. In the first, the experience of regret reveals what the agent values, not only to others but even to the agent himself. In the second, the agent anticipates experiencing regret for an action but does not experience the regret, suggesting that the agent did not value the rejected alternative in the way she thought. Anticipatory regret is forward-looking and can play an important role in practical deliberation. But insofar as anticipatory regret flows from one’s imperfect judgment and prospection about oneself, retrospective regret can be an important corrective in helping the agent understand her own standpoint. (shrink)

Traditionally, empathy is conceived of as a cognitive function that governs how people think during social interactions, and is considered as largely impervious to change. However, developments in psychology and neuroscience show that empathy is grounded in neural substrates of emotionally communicative behaviour and so is learned through imitation and other forms of cultural learning. This also means that abnormal patterns of empathic function can develop through adverse life experiences, or that empathy may fail to develop in young people with (...) neurodevelopmental disorders. Nevertheless, by focussing on empathy as a quality of social interaction and affective expression in the here and now, and by appreciating that it is as a special form of sensorimotor skill, pathways to training and fostering better development of empathy can be identified. (shrink)

I develop a reduction of grounding to essence. My approach is to think about the relation between grounding and essence on the model of a certain conceptof existential dependence. I extend this concept of existential dependence in a coupleof ways and argue that these extensions provide a reduction of grounding to essenceif we use sorted variables that range over facts and take it that for a fact to obtain is forit to exist. I then use the account to resolve various (...) issues surrounding the concept of grounding and its connection with essence; apply the account to paradigm cases andto the impure logic of grounding; and respond to objections. (shrink)

This paper focuses on the concept of collective essence: that some truths are essential to many items taken together. For example, that it is essential to conjunction and negation that they are truth-functionally complete. The concept of collective essence is one of the main innovations of recent work on the theory of essence. In a sense, this innovation is natural, since we make all sorts of plural predications. It stands to reason that there should be a distinction between essential and (...) accidental plural predications if there is a distinction among singular predications. In this paper I defend the view that the concept of collective essence is governed by the principle of Monotonicity: that something is essential to some items only if it is essential to any items to which they belong. (shrink)

The biological functions debate is a perennial topic in the philosophy of science. In the first full-length account of the nature and importance of biological functions for many years, Justin Garson presents an innovative new theory, the 'generalized selected effects theory of function', which seamlessly integrates evolutionary and developmental perspectives on biological functions. He develops the implications of the theory for contemporary debates in the philosophy of mind, the philosophy of medicine and psychiatry, the philosophy of biology, and biology (...) itself, addressing issues ranging from the nature of mental representation to our understanding of the function of the human genome. Clear, jargon-free, and engagingly written, with accessible examples and explanatory diagrams to illustrate the discussion, his book will be highly valuable for readers across philosophical and scientific disciplines. (shrink)

What is it for something to be essential to an item? For some time, it was standard to think that the concept of necessity alone can provide an answer: for something to be essential to an item is for it to be strictly implied by the existence of that item. We now tend to think that this view fails because its analysans is insufficient for its analysandum. In response, some argue that we can supplement the analysis in terms of necessity (...) with a further condition. In this paper I argue that this view is untenable in its current form. I then provide a glimmer of hope to those who think that essence is at least partially analyzable in terms of necessity. (shrink)

ABSTRACTIn this paper, I develop a truthmaker semantics for essence and use the semantics to investigate the explanatory role of essence.

Margaret MacDonald (1907–56) was a central figure in the history of early analytic philosophy in Britain due to both her editorial work as well as her own writings. While her later work on aesthetics and political philosophy has recently received attention, her early writings in the 1930s present a coherent and, for its time, strikingly original blend of common-sense and scientific philosophy. In these papers, MacDonald tackles the central problems of philosophy of her day: verification, the problem of induction, and (...) the relationship between philosophical and scientific method. MacDonald’s philosophy of science starts from the principle that we should carefully analyse the elements of scientific practice (particularly its temporal features) and the ways that scientists describe that practice. That is, she applies the techniques of ordinary language philosophy to actual scientific language. MacDonald shows how ‘scientific common-sense’ is inconsistent with both of the dominant schools of philosophy of her day. Bringing MacDonald back into the story of analytic philosophy corrects the impression that in early analytic philosophy, there are fundamental dichotomies between the style of Moore and Wittgenstein, on the one hand, and the Vienna Circle on the other. (shrink)

This book is a critical survey of and guidebook to the literature on biological functions. It ties in with current debates and developments, and at the same time, it looks back on the state of discourse in naturalized teleology prior to the 1970s. It also presents three significant new proposals. First, it describes the generalized selected effects theory, which is one version of the selected effects theory, maintaining that the function of a trait consists in the activity that led to (...) its differential persistence or reproduction in a population, and not merely its differential reproduction. Secondly, it advances “within-discipline pluralism” (as opposed to between-discipline pluralism) a new form of function pluralism, which emphasizes the coexistence of function concepts within diverse biological sub-disciplines. Lastly, it provides a critical assessment of recent alternatives to the selected effects theory of function, namely, the weak etiological theory and the systems-theoretic theory. The book argues that, to the extent that functions purport to offer causal explanations for the existence of a trait, there are no viable alternatives to the selected effects view. -/- The debate about biological functions is still as relevant and important to biology and philosophy as it ever was. Recent controversies surrounding the ENCODE Project Consortium in genetics, the nature of psychiatric classification, and the value of ecological restoration, all point to the continuing relevance to biology of philosophical discussion about the nature of functions. In philosophy, ongoing debates about the nature of biological information, intentionality, health and disease, mechanism, and even biological trait classification, are closely related to debates about biological functions. (shrink)

Despite its appeal and popularity, the view that membership in a natural kind is essential to an individual is unsupported by the logic of essences and has no compelling reflective support. While the view has strong intuitive and empirical support this is insufficient to establish it. There are advantages to abandoning the view that kind membership is essential to individuals. One of these advantages is that it allows for a reconfiguring of the problem of material constitution in a way that (...) removes much of the paradox. (shrink)

This chapter focuses on attributions of phenomenal consciousness, leaving to the side interesting questions about how people attribute other types of consciousness. While researchers are not in perfect agreement about how the concept of phenomenal consciousness should be understood, the standard line is that a creature is phenomenally conscious just in case it has phenomenally conscious mental states, and that a mental state is phenomenally conscious just in case it has phenomenal qualities. The chapter explores whether lay people employ the (...) concept of phenomenal consciousness. It begins by looking at the evidence for an affirmative answer to this question, focusing on Joshua Knobe and Jesse Prinz's article, Intuitions About Consciousness: Experimental Studies. The chapter explains the evidence for a negative answer to the target question, focusing on Justin Sytsma and Edouard machery's article, Two Conceptions of Subjective Experience. (shrink)

Recent scholarship has considered the requirements of justice and economic regimes in the work of John Rawls. This work has not delved into the requirements of justice and liberal socialism as deeply as the work that has been done on property-owning democracy. A thorough treatment of liberal socialism and the requirements of justice is needed. This paper seeks to begin to fill this gap. In particular, it needs to be shown if liberal socialism fully answers the requirements of justice better (...) than property-owning democracy. It will be argued that liberal socialism does significantly better in realizing the two principles. This paper has the following structure, first, an overview of Rawls' position on economic regimes, capitalism, and the requirements of justice will be presented. In particular, how the two principles work in tandem to meet the demands of distributive justice will be considered. Second, a review of property-owning democracy will be conducted. Finally, liberal socialism will be examined and discussed as an economic regime that answers the requirements of justice more fully. (shrink)

Since the time of Hippocrates, madness has typically been viewed through the lens of disease, dysfunction, and defect. In 'Madness', philosopher of science Justin Garson presents a radically different paradigm for conceiving of madness and the forms that it takes. In this paradigm, which he calls madness-as-strategy, madness is neither a disease nor a defect, but a designed feature, like the heart or lungs.

Moral luck is a puzzling aspect of our psychology: Why do we punish outcomes that were not intended (i.e. accidents)? Prevailing psychological accounts of moral luck characterize it as an accident or error, stemming either from a re‐evaluation of the agent's mental state or from negative affect aroused by the bad outcome itself. While these models have strong evidence in their favor, neither can account for the unique influence of accidental outcomes on punishment judgments, compared with other categories of moral (...) judgment. Why might punishment be particularly sensitive to moral luck? We suggest that such sensitivity is easily understood from the broader perspective of punishment's ultimate adaptive goal: Changing others’ behavior by exploiting their capacity to learn. This pedagogical perspective accounts for the exceptional influence of outcomes on punitive sentiments and makes predictions for additional moderators of punishment. We review evidence supporting the pedagogical hypothesis of punishment and discuss fruitful directions for future research. (shrink)

Recent work on essence describes essence as assimilated to definition. It also posits a plurality of kinds of essence.Howdoes assimilation relate to pluralism? According to one view, a kind of essence is adequate only if it is definitional: something is essential to an item, in the relevant sense, only if it is part of what it is to be that item. In this paper, I argue that assimilation and pluralism are in tension with respect to consequentialist essence. This is problematic (...) given that, as a methodological prescription, some philosophers advise us to work with consequentialist essence. In this paper, I develop a theory of constitutive essence and use it to resolve the problem by defining an adequate notion of consequentialist essence that preserves the methodological prescription. (shrink)

Mainstream teleosemantics is the view that mental representation should be understood in terms of biological functions, which, in turn, should be understood in terms of selection processes. One of the traditional criticisms of teleosemantics is the problem of novel contents: how can teleosemantics explain our ability to represent properties that are evolutionarily novel? In response, some have argued that by generalizing the notion of a selection process to include phenomena such as operant conditioning, and the neural selection that underlies it, (...) we can resolve this problem. Here, we do four things: we develop this suggestion in a rigorous way through a simple example, we draw on recent neurobiological research to support its empirical plausibility, we defend the move from a host of objections in the literature, and we sketch how the picture can be extended to help us think about more complex “conceptual” representations and not just perceptual ones. (shrink)

The phasalist solution to the puzzle of the statue and the piece of clay claims that being a statue is a phase sortal property of the piece of clay, just like being a child is a phase sortal property of a human being. Some philosophers reject this solution because it cannot account for cases where the statue seems to gain and lose parts that the piece of clay does not. I rebut this objection by arguing, contrary to the prevailing view, (...) that the piece of clay is not mereologically constant and might even be highly mereologically flexible. (shrink)

ABSTRACT One simple but relatively neglected solution to the notorious coincidence puzzle of the statue and the piece of clay claims that the property of being a statue is a phase sortal property that the piece of clay instantiates temporarily. I defend this view against some standard objections, by reinforcing it with a novel counterpart-theoretic account of identity under a sortal. This proposal does not require colocation, four-dimensionalism, eliminativism, deflationism, or unorthodox theses about classical identity.

Provides a critical and analytical history of ancient Greek theories on the nature of pleasure, and of its value and rolein human lfie, from the ealriest times down to the period of Epicurus and the early Stoics.

Governments are subject to the requirements of justice, yet often seem to go above and beyond what justice requires in order to act in ways many people think are good. These kinds of acts – examples of which include putting on celebrations, providing grants to poets, and preserving historic architecture – appear to be acts of government supererogation. In this paper, I argue that a common view about the relationship between government, coercion, and justice implies that most such acts are (...) not supererogatory, but wrong. Many will find that conclusion unattractive, but rejecting the common view that implies it raises problems, too. (shrink)

I present and defend the generalized selected effects theory (GSE) of function. According to GSE, the function of a trait consists in the activity that contributed to its bearer’s differential reproduction, or differential retention, within a population. Unlike the traditional selected effects (SE) theory, it does not require that the functional trait helped its bearer reproduce; differential retention is enough. Although the core theory has been presented previously, I go significantly beyond those presentations by providing a new argument for GSE (...) and defending it from a recent objection. I also sketch its implications for teleosemantics and philosophy of medicine. (shrink)

Research on the relationship between religious commitment and business ethics has produced widely varying results and made the impact of such commitment unclear. This study presents an empirical investigation based on a questionnaire survey of business managers and professionals in the United States yielding a database of 1234 respondents. Respondents evaluated the ethical acceptability of 16 business decisions. Findings varied with the way in which the religion variable was measured. Little relationship between religious commitment and ethical judgment was found when (...) responses were compared on the basis of broad faith categories – Catholic, Protestant, Jewish, other religions, and no religion. However, respondents who indicated that religious interests were of high or moderate importance to them demonstrated a higher level of ethical judgment (less accepting of unethical decisions) than others in their evaluations. Evangelical Christians also showed a higher level of ethical judgment. (shrink)

Basing ourselves on the writings of Hans Jonas, we offer to psychosomatic medicine a philosophy of life that surmounts the mind-body dualism which has plagued Western thought since the origins of modern science in seventeenth century Europe. Any present-day account of reality must draw upon everything we know about the living and the non-living. Since we are living beings ourselves, we know what it means to be alive from our own first-hand experience. Therefore, our philosophy of life, in addition to (...) starting with what empirical science tells us about inorganic and organic reality, must also begin from our own direct experience of life in ourselves and in others; it can then show how the two meet in the living being. Since life is ultimately one reality, our theory must reintegrate psyche with soma such that no component of the whole is short-changed, neither the objective nor the subjective. In this essay, we lay out the foundational components of such a theory by clarifying the defining features of living beings as polarities . We describe three such polarities: 1) Being vs. non-being: Always threatened by non-being, the organism must constantly re-assert its being through its own activity. 2) World-relatedness vs. self-enclosure: Living beings are both enclosed with themselves, defined by the boundaries that separate them from their environment, while they are also ceaselessly reaching out to their environment and engaging in transactions with it. 3) Dependence vs. independence: Living beings are both dependent on the material components that constitute them at any given moment and independent of any particular groupings of these components over time. We then discuss important features of the polarities of life: Metabolism; organic structure; enclosure by a semi-permeable membrane; distinction between "self" and "other"; autonomy; neediness; teleology; sensitivity; values. Moral needs and values already arise at the most basic levels of life, even if only human beings can recognize such values as moral requirements and develop responses to them. (shrink)

How does Aristotle think about sentences like ‘Every x is y’ in the Prior Analytics? A recently popular answer conceives of these sentences as expressing a mereological relationship between x and y: the sentence is true just in case x is, in some sense, a part of y. I argue that the motivations for this interpretation have so far not been compelling. I provide a new justification for the mereological interpretation. First, I prove a very general algebraic soundness and completeness (...) result that unifies the most important soundness and completeness results to date. Then I argue that this result vindicates the mereological interpretation. In contrast to previous interpretations, this argument shows how Aristotle’s conception of predication in mereological terms can do important logical work. (shrink)

Drawing from contemporary blog data, this article examines an emerging project termed “neuroqueer.” Neuroqueer is a collaboration of activists, academics, and bloggers engaging in online community building. Neuroqueer requires those who engage in it to disidentify from both oppressive dominant and counterculture identities that perpetuate destructive medical model discourses of cure. It is a queer/crip response to discussions about gender, sexuality, and disability as pathology that works to deconstruct normative identity categories. Blog members employ neuroqueer practices to subversively combat exclusion (...) through rejection of able-hetero assimilation and counteridentification in favor of disidentification. Of particular interest for this special issue are the ways in which neuroqueer perspectives build more fluid conceptualizations of both gender and intersectionality through conscious disidentification from neurotypical norms and medical notions of cure on which they are often unconsciously based. (shrink)

I introduce a new approach to fission puzzles called the Diversified Approach that proceeds by distinguishing different kinds of fission and assimilating each kind to a different ordinary phenomenon, such as breaking apart, replication, or part loss. To illustrate this approach, I apply it to the case of amoebic fission. The upshot is a novel account of amoebic fission according to which the dividing amoeba ceases to exist because it breaks apart. After developing this solution and highlighting some of its (...) advantages, I discuss briefly how the Diversified Approach can be extended to other varieties of fission. (shrink)