Are there any prima facie reasons that democracies might have for disenfranchising older citizens? This question reflects increasingly salient, but often incompletely theorized complaints that members of democratic publics advance about older citizens’ electoral influence. Rather than rejecting these complaints out of hand, we explore whether, suitably reconstructed, they withstand democratic scrutiny. More specifically, we examine whether the account of political equality that seems to most fittingly capture the logic of these complaints – namely, equal opportunity of political influence over (...) electoral outcomes – can justify disenfranchising older citizens. We conclude that equal opportunity of influence cannot ground a blanket disenfranchisement of older people and that, taken in conjunction with other general considerations that apply to all sound electoral policies, partial disenfranchisement proposals (i.e. proposals for reducing the electoral influence of older citizens via age-weighted voting) are both quasi-inapplicable and practically unrobust across a relevant range of political contexts. (shrink)

Journal of Political Philosophy, EarlyView.

Tommie Shelby articulates a nonideal theory of black US ghettos that casts them as consequences of an intolerably unjust institutional structure. I argue that, despite some of its significant merits, Shelby’s theory is weakened by his rejection of integration as a principle for reforming disadvantaged ghettos and correcting structural injustices in the US. In particular, I argue that Shelby unwarrantedly downplays the socio-economic efficiency of integrationist policies and fails to consider some of the ways in which integration might count as (...) a duty of justice. (shrink)

Tommie Shelby articulates a nonideal theory of black US ghettos that casts them as consequences of an intolerably unjust institutional structure. I argue that, despite some of its significant merits, Shelby’s theory is weakened by his rejection of integration as a principle for reforming disadvantaged ghettos and correcting structural injustices in the US. In particular, I argue that Shelby unwarrantedly downplays the socio-economic efficiency of integrationist policies and fails to consider some of the ways in which integration might count as (...) a duty of justice. (shrink)

Several critics have argued that private prisons are not only problematic because of their worse effects but also intrinsically wrong. This article analyzes two prominent arguments for this claim: the representation argument and the condemnation argument. The conclusion is that these arguments fail to show that there is something intrinsically wrong about private prisons. This is especially true if the arguments are extended to non-profit private prisons under social injustice contexts that states are responsible for. In such cases, non-profit private (...) prisons might not only be on a par with public prisons but be preferable to them. However, the arguments are also insufficient to oppose every conceivable for-profit private prison. (shrink)

Collateral legal consequences attached to criminal convictions (CLCs) are often criticised because they expose criminal offenders to various forms of harmful and/or wrongful treatment. In this article, we argue that CLCs are problematic because they undermine the power to punish, a distinct normative power that allows the relevant powerholders to directly change the offender's normative situation. The article identifies important features of the power to punish construed as the normative ability that judges should hold in liberal polities. In particular, we (...) examine how CLCs undermine two of the features – viz., robustness and attributability – that are central to the non-deficient functioning of the normative power to punish. Acknowledging the implausibility of a forthcoming demise of CLCs, we conclude with an outline of non-ideal proposals that would marginally mitigate the unwarranted effects that CLCs have on the exercise of the normative power to punish. (shrink)

In this article, I argue that Michael Moore’s (1997), and other similar formulations of desert retributivism – viz., the theory that holds punishment to be justified because of the deserved suffering it imposes on guilty offenders – are epistemically problematic. The argument draws on John Dewey’s inchoate critique of retribution, and on Dewey’s more general contention that the justification of ethical judgments and principles proceeds ex post – viz., that it depends on the experiences elicited by acting on those judgments (...) and principles. Based on Dewey’s ex post take on justification, I more specifically argue that, given its commitment to moral naturalism and to coherentism, Moore’s version of desert retributivism is epistemically unwarranted. This is because we have evidentially grounded reasons to think that many of the retributive judgments that underlie the principle of retributive justice are not clearly supported ex post in the relevant, desert retributivist sense. (shrink)

This article argues that corrective justice is an adequate principle of criminalization. On my interpretation, corrective justice holds that, in order for an action to count as a crime, there needs to be a plausible normative story about an offender having violated the interests of a victim in a way that disturbs their relationship as equal persons and a subsequent story about responding to crime in a way that corrects this disturbance. More specifically, I claim that corrective justice is concerned (...) with the protection of interests that persons have in owning private goods throughout standard interactions with other persons. The argument proceeds in three steps. First, I specify the subject-matter that principles of criminal law need to ground and provide an outline of the idea of corrective justice. Second, I show that corrective justice can account for the main cases of crime and the salient modes of criminal responsibility. I also argue that corrective justice can make sense of two prima facie recalcitrant types of cases. Third, and finally, I address two objections to my corrective justice theory of criminal law. The first concerns the implications corrective justice has for locating criminal law along the private/public law divide. The second objection raises the putatively problematic consequences corrective justice has for understanding the separation between criminal and civil law. (shrink)

This article argues that, given the current pervasive uncertainty about the reliability of jury deliberation, we ought to treat it with epistemic humility. I further argue that epistemic humility should be expressed and enforced by turning jury deliberation from a mandatory rule of the jury trial to a waivable right of the defendant. I consider two main objections to my argument: the first one concerns the putative self-defeatingness of humility attitudes; the second objection points to the burdensomeness of granting an (...) unconditional jury deliberation waiver to the defendant. (shrink)

Is public policy ethics possible and, if so, is it desirable? This twofold question can – and sometimes does — elicit a smile or a frown. The smile implies that ethical theorizing rests on a naïve idea of policy-making; the frown implies that there is something tasteless or incongruous in expecting philosophy to engage with problems of policy and with the political bargaining and compromise that policy-making often involves. These reactions – familiar to many working in this academic discipline – (...) point to the ways in which ethics and public policy have been taken to be separate areas of practical concern and theoretical inquiry. (shrink)

. The purpose of this essay is to argue that considerations of fairness play an essential role in the justification of democratic decision procedures. The first part argues that considerations of fairness form part of a practical authority's legitimacy, and that in the political context, those considerations of fairness entail a principle of equal distribution of political power. Subsequently, the article elaborates on the kind of equality which is required in democratic procedures, arguing that different principles of equality should apply (...) to the deliberation and the decision stages of democracy. Finally, the article concludes with a few sketchy remarks on the possible relations between considerations of fairness and soundness of democratic procedures. (shrink)

In this article I want to support a certain conception of legal authority. The question I want to address is this: Is it possible to attribute legal authority to a given norm if its authority does not derive from the authority of someone who has issued that norm? Basically, I will try to defend here a negative answer to this question, espousing a personal conception of authority.

The Franciscan Geraldus Odonis (d. 1349) presented his indivisibilist theory of continua in Paris at a time when similar theses were advanced in the studia across the Channel. The Chancellor of the University of Oxford, Henry of Harclay (d. 1317), caused considerable stir among his colleagues by endorsing a mathematical atomism, and his most famous follower, Walter Chatton, O. F. M., developed his brand of atomism in the early 1320s. The present article focuses on one of the five different redactions (...) of Odonis’s famous question De continuo, preserved in his commentary on Book ii of Peter Lombard’s Sentences (d. 44, q. 4). The first part of the article examines the main differences between the various redactions of the question De continuo. The second part explores the philosophical content and the circumstances surrounding the redaction found in Book ii of Odonis’s Sentences commentary. While acknowledging that Odonis’s atomism is similar to Harclay’s, it is argued that Odonis’s theory is a significant departure from the type of atomism espoused by Harclay. The Appendix provides the first complete critical edition of the said redaction of Odonis’s question De continuo. (shrink)

Although the idea of constitutionalism has been widely discussed and in fact, most countries in the world have a written Constitution, it is still an in- teresting question whether Constitutions are legitimate, topic that is ad- dressed in this study. The article, through a detailed analysis of the main arguments in favor and against constitutionalism, examines the main moral concerns regarding legitimacy of Constitutions.

The normal way to establish that a person has authority over another requires a rulegoverned institutional setting. To have authority is to have power, in the juridical sense of the term, and power can only be conferred by norms constituting it. Power conferring norms are essentially institutional, and the obligation to comply with a legitimate authority’s decree is, first and foremost, institutional in nature. Thus, the main argument presented in this essay is that an explanation of practical authorities is a (...) two-stage affair: the special, practical import of an authority can only be explained on the background of an institutional setting which constitutes the authority’s power and the corresponding obligation to comply. However, this obligation is not an all things considered obligation, it is conditioned on reasons to participate in the relevant institution or practice. A complete account of the reasons to regard authoritative decisions as binding must also rely on the reasons for having the institution or practice in question and the kind of authoritative structure that it has. This argument is presented here on the background of a critique of two alternative accounts, Joseph Raz’s service conception of authority and Stephen Darwall’s second personal standpoint account. (shrink)

In our paper, ‘Escaping hell: divine motivation and the problem of hell’, we defended a theory of hell that we called ‘escapism’. We argued that, given God's just and loving character, it would be most rational for Him to maintain an open-door policy to those who are in hell, allowing them an unlimited number of chances to be reconciled with God and enjoy communion with Him. In this paper we reply to two recent objections to our original paper. The first (...) is an argument from religious luck offered by Russell Jones. The second is an argument from Kyle Swan that alleges that our commitments about the nature of reasons for action still leaves escapism vulnerable to an objection we labelled the ‘Job objection’ in our original paper. In this paper we argue that escapism has the resources built into it needed to withstand the objections from Jones and Swan. (shrink)

According to traditional Judeo-Christian-Islamic theism, God is an omniscient, omnipotent, and morally perfect agent. This volume shows that philosophy of religion needs to take seriously alternative concepts of the divine, and demonstrates the considerable philosophical interest that they hold.

Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David (...) Lewis. Marmor begins by giving a general account of the nature of conventions, explaining the differences between coordinative and constitutive conventions and between deep and surface conventions. He then applies this analysis to explain how conventions work in language, morality, and law. Marmor clearly demonstrates that many important semantic and pragmatic aspects of language assumed by many theorists to be conventional are in fact not, and that the role of conventions in the moral domain is surprisingly complex, playing mostly an auxiliary and supportive role. Importantly, he casts new light on the conventional foundations of law, arguing that the distinction between deep and surface conventions can be used to answer the prevalent objections to legal conventionalism. Social Conventions is a much-needed reappraisal of the nature of the rules that regulate virtually every aspect of human conduct. (shrink)

In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal (...) domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law. (shrink)

We propose that human reasoning relies on an inherence heuristic, an implicit cognitive process that leads people to explain observed patterns (e.g., girls wear pink) in terms of the inherent features of their constituents (e.g., pink is an inherently feminine color). We then demonstrate how this proposed heuristic can provide a unified account for a broad set of findings spanning areas of research that might at first appear unrelated (e.g., system justification, nominal realism, is–ought errors in moral reasoning). By revealing (...) the deep commonalities among the diverse phenomena that fall under its scope, our account is able to generate new insights into these phenomena, as well as new empirical predictions. A second main goal of this paper, aside from introducing the inherence heuristic, is to articulate the proposal that the heuristic serves as a foundation for the development of psychological essentialism. More specifically, we propose that essentialism—which is the common belief that natural and social categories are underlain by hidden, causally powerful “essences”—emerges over the first few years of life as an elaboration of the earlier, and more open-ended, intuitions supplied by the inherence heuristic. In the final part of the paper, we distinguish our proposal from competing accounts (e.g., Strevens' K-laws) and clarify the relationship between the inherence heuristic and related cognitive tendencies (e.g., the correspondence bias). In sum, this paper illuminates a basic cognitive process that emerges early in life and is likely to have profound effects on many aspects of human psychology. (shrink)

Generic statements (e.g., “Birds lay eggs”) express generalizations about categories. In this paper, we hypothesized that there is a paradoxical asymmetry at the core of generic meaning, such that these sentences have extremely strong implications but require little evidence to be judged true. Four experiments confirmed the hypothesized asymmetry: Participants interpreted novel generics such as “Lorches have purple feathers” as referring to nearly all lorches, but they judged the same novel generics to be true given a wide range of prevalence (...) levels (e.g., even when only 10% or 30% of lorches had purple feathers). A second hypothesis, also confirmed by the results, was that novel generic sentences about dangerous or distinctive properties would be more acceptable than generic sentences that were similar but did not have these connotations. In addition to clarifying important aspects of generics’ meaning, these findings are applicable to a range of real-world processes such as stereotyping and political discourse. (shrink)

The article analyzes the possibilities and limitations of artificial intelligence. The article considers the subjectivity of artificial intelligence, determines its necessity for solving intellectual problems depending on the possibility of representing the real world as a deterministic system. Methodological limitations of artificial intelligence, which is based on the use of big data technologies, are stated. These limitations cause the impossibility of forming a holistic representation of the objects of cognition and the world as a whole. As a tool for deterministic (...) description of the universe it is proposed to use empirical-metaphysical general theory of systems, which is an extension of existing general theories of systems due to ontological justification of the phenomenon of isomorphism and definition of a limited set of laws, rules, patterns and primitives of forms and relations of objects in the universe. The distinction of natural (human) and artificial intelligence is considered, including the realization of multisystem integration of intelligence in physical, biological, social and spiritual systems. A philosophically grounded approach to ensuring the evolutionary properties of artificial intelligence is formulated, based on the inclusion of non-equilibrium mechanisms through which stability is realized. (shrink)

The article is devoted to the study of the nature of consciousness within the framework of the information concept. The paper proposes a definition of consciousness as an informational environment in which an extended model of reality is realized. The process of realization of this extended model is defined as thinking. The result of thinking is information objects that form a system in the form of information environment. Information objects are reflections of the real world properties, not directly, but by (...) means of translation through a special object – a carrier of consciousness. In the case of human consciousness, such a carrier is a human being (represented in the form of his nervous system). As a result, consciousness can be qualified as a simulacrum of reality, i.e., a model of a model: an information model of the carrier of consciousness, which in turn is a means of physical modeling of the real "big" world. Possible mechanisms mediating thinking are considered. For this purpose, two new concepts are introduced: neural circuit and neurophysical pattern. An approach to the study of self-consciousness based on the localization of the consciousness carrier in the multidimensional space of states of initial real objects, as well as their reflections in the form of information objects is proposed. This localization is ensured by the presence of feedbacks. Summarizing the results of the study, the article states the following connection between consciousness, self-consciousness and subjectness: under certain conditions (when consciousness is localized in the state space of the carrier of consciousness), consciousness acquires the property of self-consciousness, a special case of which (when the initiator of changes determining localization is the carrier of consciousness) is self-consciousness endowed with subjectness. (shrink)

The author of the article turns to the modern discourse about man and his place in the humanities system. A retrospective analysis of the modern discourse about man allows us to distinguish three stages in its development: anti-humanism, anti-anthropology and post-anthropology. Despite the fact that the main topics around which he is focused are concentrated on criticism of "anthropocentrism" and "eurocentrism", the author concludes that the anti-anthropological narrative retains all the features of cultural and epistemological "narcissism". The anti-anthropological narrative continues (...) to function as a system of "recognizing oneself", as a system of "differentiating oneself and the other" and as a system of "justifying oneself through the other". (shrink)

The following study presents some considerations on different subjects regarding the field of art, from the art of using sounds in theatre and the importance of the Greek tragedy to the subtle differences between opera and theatre. The sound experiment is to be approached knowing that the audience is, in some way, deaf. The renewal of the sounds, even of those coming forth from the remote ages, is part of the author’s lust for a theater that celebrates real contact and (...) real feeling, with a unique expression of force, of intense colors and sharp energies. The main goal is to discover the actor’s or the opera singer’s work with the sounds, with the vibration of the words in his body, thus investigating the “meanings” of the pure sound. (shrink)

A knowledge argument is offered that presents unique difficulties for Christians who wish to assert that God is essentially omniscient. The difficulties arise from the doctrine of the incarnation. Assuming that God the Son did not necessarily have to become incarnate, then God cannot necessarily have knowledge de se of the content of a non-divine mind. If this is right, then God’s epistemic powers are not fixed across possible worlds and God is not essentially omniscient. Some options for Christian theists (...) are discussed, including rejecting traditional theism in favour of some version of pantheism or panentheism. (shrink)

The standard liberal egalitarian approach to religious exemptions from generally applicable laws implies that such exemptions may be necessary in the name of equal respect for each citizen’s conscience. In each particular case this approach requires balancing the claims of devout believers against the countervailing claims of other citizens. I contend, firstly, that under the conditions of deep moral and ideological disagreement the balancing procedure proves to be extremely inconclusive. It does not provide an unequivocal solution even in the imaginary (...) case based on the biblical story of Abraham’s sacrifice, not to speak of real-life cases that are far less suggestive. Secondly, I argue that it is possible to consider demands for religious exemptions respectfully, without even challenging the way they are justified, but still reject them for principled reasons—namely, because these demands cannot be met without arbitrarily bending popular sovereignty to the dictate of religious doctrines. (shrink)

Nishi Shah has argued that the norm of truth is a prescriptive norm which regulates doxastic deliberation. Also, the acceptance of the norm of truth explains why belief is subject to norms of evidence. Steglich‐Petersen pointed out that the norm of truth cannot be prescriptive because it cannot be broken deliberatively. More recently, Pascal Engel suggested that both the norms of truth and evidence are deliberately violated in cases of epistemic akrasia. The akratic agent accepts these norms but in some (...) cases he is not motivated by them. In this paper I will argue that Shah cannot use Engel's suggestion because, given his definition of doxastic deliberation, epistemic akrasia is impossible in the context of deliberation about belief. Furthermore, epistemic akrasia is in conflict with the phenomenon of doxastic transparency that Shah tries to explain. (shrink)

We obtain an equivalent implicit characterization of Lp Banach spaces that is amenable to a logical treatment. Using that, we obtain an axiomatization for such spaces into a higher order logical system, the kind of which is used in proof mining, a research program that aims to obtain the hidden computational content of mathematical proofs using tools from mathematical logic. As an aside, we obtain a concrete way of formalizing Lp spaces in positive-bounded logic. The axiomatization is followed by a (...) corresponding metatheorem in the style of proof mining. We illustrate its use with the derivation for this class of spaces of the standard modulus of uniform convexity. (shrink)