During the past several decades, political philosophers have frequently clashed with one another over the question whether governments are morally required to remain neutral among reasonable conceptions of excellence and human flourishing. Whereas the numerous followers of John Rawls have maintained that a requirement of neutrality is indeed incumbent on every system of governance, other philosophers -- often designated as 'perfectionists' -- have argued against the existence of such a requirement. Liberalism with Excellence enters these debates not by plighting itself (...) unequivocally to one side or the other, but instead by reconceiving each of the sides and thus by redirecting the debates that have occurred between them. On the one hand, the book rejects the requirement of neutrality by contending that certain subsidies for the promotion of excellence in sundry areas of human endeavour can be proper and vital uses of resources by governments. Advocating such departures from the constraint of neutrality, the book presents a version of liberalism that can rightly be classified as 'perfectionist'. On the other hand, the species of perfectionism espoused in Liberalism with Excellence diverges markedly from the theories that have usually been so classified. Indeed, much of the book assails various aspects of those theories. What is more, the aspirational perfectionism elaborated in the closing chapters of the volume is reconcilable in most key respects with a suitably amplified version of Rawlsianism. Hence, by reconceiving both the perfectionist side and the neutralist side of the prevailing disputation, Liberalism with Excellence combines and transforms their respective insights. (shrink)

Metaphysical grounding is standardly taken to be irreflexive: nothing grounds itself. Kit Fine has presented some puzzles that appear to contradict this principle. I construct a particularly simple variant of those puzzles that is independent of several of the assumptions required by Fine, instead employing quantification into sentence position. Various possible responses to Fine's puzzles thus turn out to apply only in a restricted range of cases.

We define a notion of difference-making for partial grounds of a fact in rough analogy to existing notions of difference-making for causes of an event. Using orthodox assumptions about ground, we show that it induces a non-trivial division with examples of partial grounds on both sides. We then demonstrate the theoretical fruitfulness of the notion by applying it to the analysis of a certain kind of putative counter-example to the transitivity of ground recently described by Jonathan Schaffer. First, we show (...) that our conceptual apparatus of difference-making enables us to give a much clearer description than Schaffer does of what makes the relevant instances of transitivity appear problematic. Second, we suggest that difference-making is best seen as a mark of good grounding-based explanations rather than a necessary condition on grounding, and argue that this enables us to deal with the counter-example in a satisfactory way. Along the way, we show that Schaffer's own proposal for salvaging a form of transitivity by moving to a contrastive conception of ground is unsuccessful. We conclude by sketching some natural strategies for extending our proposal to a more comprehensive account of grounding-based explanations. (shrink)

The authors of this book engage in essay form in a lively debate over the fundamental characteristics of legal and moral rights. They examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices. In the course of this debate the authors address many questions through which they clarify, though not finally resolve, a number of controversial present-day political debates, including those over abortion, euthanasia, and animal rights.

In his 2010 paper ‘Grounding and Truth-Functions’, Fabrice Correia has developed the first and so far only proposal for a logic of ground based on a worldly conception of facts. In this paper, we show that the logic allows the derivation of implausible grounding claims. We then generalize these results and draw some conclusions concerning the structural features of ground and its associated notion of relevance, which has so far not received the attention it deserves.

How are law and morality connected, how do they interact, and in what ways are they distinct? In Part I of this book, Matthew Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral (...) principles are consistent with all the essential characteristics of any legal system. Part II reaffirms the legal positivist argument that law and morality are separable, arguing against the position of natural-law theory, which portrays legal requirements as a species of moral requirements. Kramer contends that even though the existence of a legal system in any sizeable society is essential for the realization of fundamental moral values, law is not inherently moral either in its effects or in its motivational underpinnings. In the final part, Kramer contests the widespread view that people whose conduct is meticulously careful cannot be held morally responsible for harmful effects of their actions. Through this argument, he reveals that fault-independent liability is present even more prominently in morality than in the law. Through a variety of arguments, Where Law and Morality Meet highlights both some surprising affinities and some striking divergences between morality and law. (shrink)

On its intended interpretation, logical, mathematical and metaphysical discourse sometimes seems to involve absolutely unrestricted quantification. Yet our standard semantic theories do not allow for interpretations of a language as expressing absolute generality. A prominent strategy for defending absolute generality, influentially proposed by Timothy Williamson in his paper ‘Everything’, avails itself of a hierarchy of quantifiers of ever increasing orders to develop non-standard semantic theories that do provide for such interpretations. However, as emphasized by Øystein Linnebo and Agustín Rayo, there (...) is pressure on this view to extend the quantificational hierarchy beyond the finite level, and, relatedly, to allow for a cumulative conception of the hierarchy. In his recent book, Modal Logic as Metaphysics, Williamson yields to that pressure. I show that the emerging cumulative higher-orderist theory has implications of a strongly generality-relativist flavour, and consequently undermines much of the spirit of generality absolutism that Williamson set out to defend. (shrink)

Some important recent articles, including one in this journal, have sought to devise theories of rights that can transcend the longstanding debate between the Interest Theory and the Will Theory. The present essay argues that those efforts fail and that the Interest Theory and the Will Theory withstand the criticisms that have been levelled against them. To be sure, the criticisms have been valuable in that they have prompted the amplification and clarification of the two dominant theories of rights; but (...) their upshot has been to reveal the need for the improvement, rather than the abandonment, of those theories. (shrink)

Recently, some philosophers have argued that we should take quantification of any (finite) order to be a legitimate and irreducible, sui generis kind of quantification. In particular, they hold that a semantic theory for higher-order quantification must itself be couched in higher-order terms. Øystein Linnebo has criticized such views on the grounds that they are committed to general claims about the semantic values of expressions that are by their own lights inexpressible. I show that Linnebo’s objection rests on the assumption (...) of a notion of semantic value or contribution which both applies to expressions of any order, and picks out, for each expression, an extra-linguistic correlate of that expression. I go on to argue that higher-orderists can plausibly reject this assumption, by means of a hierarchy of notions they can use to describe the extra-lingustic correlates of expressions of different orders. (shrink)

From the winds of Mars to a baby's first laugh, a prolific philosopher-composer reflects on the profound imperative of sound in everyday life. Experiencing Sound presents its subject, the one sense we can never stop using, as fundamental to all experience-sensation, perception, and understanding. Lawrence Kramer turns on its head the widespread notion that vision takes pride of place among the senses and demonstrates how paying attention to sound can transform how we make meaning out of experience. Through a (...) series of brief, lyrical forays, Experiencing Sound shows that sound is the object of a primary need and an essential component in the sensation of being alive and the perception of time. It is something that we may suffer-or be made to suffer-as well as enjoy. Like its predecessor, The Hum of the World, this book ranges widely across music, philosophy, literature, art, media, and history, from classical antiquity to the present, as it invites us to experience sound anew. (shrink)

This paper seeks to clarify and defend the proposition that moral realism is best elaborated as a moral doctrine. I begin by upholding Ronald Dworkin’s anti-Archimedean critique of the error theory against some strictures by Michael Smith, and I then briefly suggest how a proponent of moral realism as a moral doctrine would respond to Smith’s defense of the Archimedeanism of expressivism. Thereafter, this paper moves to its chief endeavor. By differentiating clearly between expressivism and quasi-realism, the paper highlights both (...) their distinctness and their compatibility. In so doing, it underscores the affinities between Blackburnian quasi-realism and moral realism as a moral doctrine. Finally, this paper contends—in line with my earlier work on these matters—that moral realism as a moral doctrine points to the need for some reorienting of meta-ethical enquiries rather than for the abandoning of them. (shrink)

John Locke's labor theory of property is one of the seminal ideas of political philosophy and served to establish its author's reputation as one of the leading social and political thinkers of all time. Through it Locke addressed many of his most pressing concerns, and earned a reputation as an outstanding spokesman for political individualism - a reputation that lingers widely despite some partial challenges that have been raised in recent years. In this major new study Matthew Kramer offers (...) an extensive critique of the labor theory and investigates the consequences of its downfall. With incisive analyses of the merits and failings of many aspects of Locke's political thought, Kramer advances a powerful challenge to Locke's image as an individualist. Employing a rigorously philosophical methodology, but remaining aware of the insights generated by historical approaches to Locke, Kramer concludes that Locke's political vision was in fact profoundly communitarian. (shrink)

In the Western aesthetic of melancholy, alienation and authenticity walk hand in hand, and therapies that change affective states—especially drugs like Prozac—are philosophically suspect. This is not a necessary state of affairs. What would be the central philosophical questions in a culture whose aesthetic values rose from the well‐springs of optimism?

Brain-computer interfaces allow agents to control computers without moving their bodies. The agents imagine certain things and the brain-computer interfaces read the concomitant neural activity and operate the computer accordingly. But the use of brain-computer interfaces is problematic for criminal law, which requires that someone can only be found criminally responsible if they have satisfied the actus reus requirement: that the agent has performed some (suitably specified) conduct. Agents who affect the world using brain-computer interfaces do not obviously perform any (...) conduct, so when they commit crimes using brain-computer interfaces it is unclear how they have satisfied actus reus. Drawing on a forthcoming paper by Allan McCay, I suggest three potential accounts of the conduct that satisfies actus reus: the agent’s neural firings, his mental states, and the electronic activity in his brain-computer interface. I then present two accounts which determine how actus reus may be satisfied – one a counterfactual and the other a minimal sufficiency account. These accounts are lent plausibility because they are analogous to the but-for and NESS (Necessary Element in a Sufficient Set) tests for causation which are generally accepted tests for causation in legal theory. I argue that due to the determinations of these accounts and considerations regarding the relationship between the mind and brain, actus reus is satisfied by either the agent’s neural activity or brain-computer interface electrical activity. Which of these satisfies actus reus is determined by how well the brain-computer interface is functionally integrated with the agent. (shrink)

Research shows that a culture of consumerism and materialism has a dramatic and negative impact on children's physical and psychological health. Psychologists have a duty to act to reverse this trend. Information on why and how to act is the key. This article explores the use of psychology to improve the effectiveness of advertising to youth and details the harm suffered by children as a result of some of this advertising. A discussion of ethical considerations related to specific guiding principles (...) and ethical standards of the 2002 American Psychological Association (APA) Ethics Code frames why action is imperative. Actions for psychologists to take in applying the 2002 APA Ethics Code are suggested herein. (shrink)

Health technologies such as apps for digital contract tracing [DCT] played a crucial role in containing and combating infections during the COVID-19 pandemic. Their primary function was to prevent the spread of SARS-CoV-2 by consistently generating and disseminating information related to various events such as encounters, vaccinations or infections. While the functionality of DCT has been well researched, the necessity of transparency in the use of DCT and the consent to share sensitive information such as users’ health, vaccination and location (...) status remains unclear. On one hand, DCT enabled the continuous monitoring of various risk factors, including data-based calculations of infection probabilities. On the other hand, digital monitoring of health risks was closely associated with various uncertainties, such as the ambiguous storage of personal data and its potential future misuse, e.g., by tech companies or health authorities. Our contribution aims to retrospectively analyze the COVID-19 pandemic from a post-pandemic perspective and utilize it as a case study for the implementation of new technological measures. We argue that under the condition of voluntary use of DCT, transparency plays a key role in convincing individuals to install health technologies on their mobile devices, keep them activated and consent to the sharing of sensitive data. We support our argument with qualitative data from an expert survey conducted between 2020 and 2021 and analyzed according to the principles of Grounded Theory. (shrink)

Ronald Dworkin has long criticized legal positivists for their efforts to distinguish between legal and non-legal standards of conduct that are incumbent on people. Recently, Dworkin has broached this criticism in his hostile account of the debates between Incorporationist Legal Positivists and Exclusive Legal Positivists. Specifically, he has maintained that Incorporationists cannot avoid the unpalatable conclusion that the axioms and theorems of arithmetic are legal norms. This article shows why such a conclusion is indeed avoidable and why Dworkin's criticism is (...) therefore wide of the mark. (shrink)

A lot of research has recently been done on the topic of ground, and in particular on the logic of ground. According to a broad consensus in that debate, ground is hyperintensional in the sense that even logically equivalent truths may differ with respect to what grounds them, and what they ground. This renders pressing the question of what we may take to be the ground-theoretic content of a true statement, i.e. that aspect of the statement’s overall content to which (...) ground is sensitive. I propose a novel answer to this question, namely that ground tracks how, rather than just by what, a statement is made true. I develop that answer in the form of a formal theory of ground-theoretic content and show how the resulting framework may be used to articulate plausible theories of ground, including in particular a popular account of the grounds of truth-functionally complex truths that has proved difficult to accommodate on alternative views of content. (shrink)

This book brings together contributions from seventeen of the world's foremost legal and political philosophers to examine the lasting influence of H.L.A. Hart. The essays explore the major subjects of Hart's work: general jurisprudence, criminal responsibility, rights, justice, causation and the foundations of liberalism.

Many reviewers of applications for ethical approval of research at universities struggle to understand what is considered ethical conduct in community-based research (CBR). Their difficulty in understanding CBR and the ethics embedded within it is, in part, due to the exclusion of CBR from researchers’ mandatory research ethics training. After all, CBR challenges both pedagogically and epistemologically the dominant paradigm/s whose worldviews, values and inherent structures of power help sustain the status quo within academic institutions at large. Consequently, CBR ethics (...) applications are often prolonged due to back-and-forth rebuttals. In this article, we analyse our experiences in a South African institution of the ethics approval process for our various CBR projects over the past couple of years. Data for this purpose was generated from analysis of our reflexive dialogues as well as our responses to feedback from the ethics review boards. To help support the trustworthiness of the study, we invited critical friends to a workshop to engage with our findings. We identified three main themes all associated with how the values, worldviews and approaches of CBR differ from those of the dominant research paradigm/s, that impeded on the progress of our applications through the ethics approval process. On the basis of our analysis, we offer guidelines and a participatory research checklist for university ethics review panels to help inform their evaluation of applications concerning CBR. While universities now actively promote community engagement initiatives, and since CBR is an efficacious approach to that end, we advocate for inclusion of CBR ethics in universities’ mandatory ethics training, to help address ethical concerns that impede CBR research. (shrink)

Research has increasingly focussed on the benefits of meditation in everyday life and performance. Mindfulness in particular improves attention, working memory capacity, and reading comprehension. Given its emphasis on moment-to-moment awareness, we hypothesised that mindfulness meditation would alter time perception. Using a within-subjects design, participants carried out a temporal bisection task, where several probe durations are compared to “short” and “long” standards. Following this, participants either listened to an audiobook or a meditation that focussed on the movement of breath in (...) the body. Finally, participants completed the temporal bisection task for a second time. The control group showed no change after the listening task. However, meditation led to a relative overestimation of durations. Within an internal clock framework, a change in attentional resources can produce longer perceived durations. This meditative effect has wider implications for the use of mindfulness as an everyday practice and a basis for clinical treatment. (shrink)

During the past few decades, Quentin Skinner has been one of the most prominent critics of the ideas about negative liberty that have developed out of the writings of Isaiah Berlin. Among Skinner?s principal charges against the contemporary doctrine of negative liberty is the claim that the proponents of that doctrine have overlooked the putative fact that people can be made unfree to refrain from undertaking particular actions. In connection with this matter, Skinner contrasts the present-day theories with the prototypical (...) liberal account of negative freedom propounded by Thomas Hobbes. The present essay challenges Skinner?s position both philosophically and exegetically. Because an agent can always elect to cease his activity as an agent, the ostensible inescapability of certain actions is not the same as the outright inescapability of certain instances of inaction. Once this point is properly recognized, the way is clear for a re-evaluation of Hobbes (and of Skinner on Hobbes). (shrink)

Towards a reconstruction of philosophical hermeneutics. Following Nietzsche, Heidegger and, on the other hand, Cassirer and Wittgenstein, a philosophy of interpretation, i.e. a relativism of world-views, is at present increasing in continental as well as in analytical philosophy. From the basis of a critical fallibilism the shortcomings of the new epistemological antirealism are pointed out in general, and, hence, consequences are drawn for the more specialized case of metahermeneutics (hermeneutics being defined as a sort of pragmatical semiotics). A combination of (...) realistic and antirealistic elements is recommended as unevitable. According to this, firstly, the key-concepts of hermeneutics must be differentiated, and, secondly, a fundamental set of criteria can be established that bridges the gap between metahermeneutics and hermeneutical practice. (shrink)

This article delineates some of the main issues that are debated by philosophers of law. It explores the connections between legal philosophy and other areas of philosophy, while also seeking to specify the distinctiveness of many of the concerns that have preoccupied philosophers of law. It illustrates its abstract points with examples focused on the separability of law and morality, the nature of the rule of law, the nature of rights, justifications for the imposition of punishment, and the identification of (...) basic legal entitlements. (shrink)

The twofold world -- Three relational realms -- What is "genuine community" -- Who is the "real I"? -- Glimpsing the "eternal thou" -- The way of "turning" -- Postscript -- Frequently asked questions -- The way of "inclusion".

In this wide-ranging investigation of leading issues in contemporary legal and political philosophy, distinguished philosophers and legal theorists tackle issues such as the rights of animals, the role of public-policy considerations in legal reasoning, the appropriateness of compensation as a means of rectifying mishaps and misdeeds, the extent of individuals' responsibility for the consequences of their choices, and the culpability of failed attempts to commit crimes.

The evolution of cooperative breeding is complex, and particularly so in humans because many other life history traits likely evolved at the same time. While cooperative childrearing is often presumed ancient, the transition from maternal self-reliance to dependence on allocare leaves no known empirical record. In this paper, an exploratory model is developed that incorporates probable evolutionary changes in birth intervals, juvenile dependence, and dispersal age to predict under what life history conditions mothers are unable to raise children without adult (...) cooperation. The model’s outcome variable (net balance) integrates dependent children’s production and consumption as a function of varying life history parameters to estimate the investment mothers or others have to spend subsidizing children. Results suggest that maternal-juvenile cooperation can support the early transition toward a reduction in birth intervals, a longer period of juvenile dependence, and having overlapping young. The need for adult cooperation is most evident when birth intervals are short and age at net production is late. Findings suggest that the needs of juveniles would not have been an early selective force for adult cooperation. Rather, an age-graded division of labor and the mutual benefits of maternal-juvenile cooperation could be an important, but overlooked step in the evolution of cooperative breeding. (shrink)

BACKGROUND: The availability of costly safety measures against transfusion-transmissible infections forces Western countries to confront difficult ethical questions. How to decide about implementing such measures? When are such decisions justified? As a preliminary to addressing these questions, we assessed which concerns shape actual donor blood safety policymaking in five Western countries. STUDY DESIGN AND METHODS: Our qualitative study involved determining which issues had been discussed in advisory committee meetings and capturing these issues in general categories. Appropriate documents were identified in (...) collaboration with local decision-making experts in Canada, Germany, the Netherlands, the United States, and the United Kingdom. The introduction of hepatitis B virus nucleic acid testing and selected measures against variant Creutzfeldt-Jakob disease, West Nile virus, and Q-fever were chosen as cases representing decision-making on safety measures with high costs and low or uncertain added safety. RESULTS: A broad inventory of concerns was established, including: 1) nine categories of advantages and disadvantages of candidate safety policies; 2) six kinds of difficulties in assessing risks and forecasting the effects of safety policies; 3) 13 decision-making principles; and 4) six kinds of practical barriers hampering the translation of candidate policies into decisions. CONCLUSION: Blood safety policymaking involves a wide variety of competing concerns, and approaches to reconcile these considerations are themselves contested. Developing a systematic decision-making approach requires ethical reflection on, among others, reasonable costs of safety and the value of transparency in public policy. (shrink)

Oppression is easily recognized. That is, at least, when oppression results from overt, consciously professed racism, for example, in which violence, explicit exclusion from economic opportunities, denial of adequate legal access, and open discrimination perpetuate the subjugation of a group of people. There are relatively clear legal remedies to such oppression. But this is not the case with covert oppression where the psychological harms and resulting legal and economic exclusion are every bit as real, but caused by concealed mechanisms subtly (...) and systematically employed. In many cases, those with power and privilege use cultural stereotypes in order to sustain an unjust status quo. This is so even if the biases are implicit, automatic, and contrary to the consciously professed beliefs of the stereotyper. Furthermore, since many of these biases are not consciously reasoned into one's system of beliefs, and since they are notoriously difficult to bring to consciousness and dislodge via direct, logical confrontation, some other creative means of resistance is needed. I argue that an indirect and imaginative route through subversive humor offers a means to raise consciousness about covert oppression and the mechanisms underlying it, reveal the errors of those with power who complacently sustain systematic oppression, and even open those people up to changing their minds. Subversive humor confronts serious matters, but in a playful manner that fosters creative and critical thinking, and cultivates a desire and skill for recognizing incongruities between our professed ideals and a reality that does not meet those standards. Successful subversive wits create fictional scenarios that highlight such moral incongruities, but, like philosophical thought experiments, they reveal a moral truth that also holds in the real world. Such humor offers opportunities for "border crossing" where the audience is encouraged to see from the perspectives of marginalized people who, because they inhabit ambiguous spaces in between the dominant and subordinate spheres, are in an epistemically privileged position with respect to matters of oppression. Subversive humorists open their audiences to the lived experiences of others, uncover the absurdities of otherwise covert oppression, and appeal to our desire to be truthful and just. (shrink)

In my recent book Liberalism with Excellence, I have expounded at length a conception of warranted self-respect. That conception, which draws heavily though far from uncritically on the scattered passages about self-respect in the writings of John Rawls, is central to my defense of a variety of liberalism that combines and transfigures certain aspects of Rawlsianism and perfectionism. However, it is also central to the positions taken in some earlier books of mine on capital punishment and torture. Although my understanding (...) of warranted self-respect was presented far more briefly or obliquely in each of those earlier books than in Liberalism with Excellence, it in fact underlies both my limited defense of the death penalty and my absolutist insistence that the use of interrogational torture is never morally permissible. The present paper will recount the gist of my conception of warranted self-respect and will then explain how that conception figures pivotally in my ruminations on the diverse matters of political morality that have been mentioned here. (shrink)

Attention has been given to cross-cultural differences in adolescent growth, but far less is known about developmental variability during juvenility (ages 3–10). Previous research among the Pumé, a group of South American foragers, found that girls achieve a greater proportion of their adult stature during juvenility compared with normative growth expectations. To explain rapid juvenile growth, in this paper we consider girls’ activity levels and energy expended in subsistence effort. Results show that Pumé girls spend far less time in subsistence (...) tasks in proportion to their body size compared with adults, and they have lower physical activity levels compared with many juveniles cross-culturally. Low activity levels help to explain where the extra energy comes from to support rapid growth in a challenging environment. We suggest that activity levels are important to account for the variation of resource and labor transfers in mediating energy availability. (shrink)