The aim of the present paper is to offer an interpretation of the Rawlsian original position coherent with its own theory of justice. An evaluation of the aforementioned mechanism is presented. Afterwards, in light of it, a solution of the existing overlapping between its elements is offered. The solution is to consider the formal constraints as «partial conclusions», excluding them from the original position. The original position, as an «intermediate stage» aimed at representing the philosophical foundations of Rawls's theory in (...) a way that could provide the deduction of the principles of justice, cannot include straightforwardly any characteristic of those principles, not even the formal ones. The remainder of the elements of the original position (the idea of a contract, the circumstances of justice, the veil of ignorance and the rationality of the parties), acting conjointly, allow for the deduction of the formal constraints themselves. In addition, they also engender the same effects on the exclusion of egoism as a proposal of principles of justice. (shrink)

This book discusses the problem of mathematical knowledge, and its broader philosophical ramifications. It argues that the problem of explaining the (defeasible) justification of our mathematical beliefs (‘the justificatory challenge’), arises insofar as disagreement over axioms bottoms out in disagreement over intuitions. And it argues that the problem of explaining their reliability (‘the reliability challenge’), arises to the extent that we could have easily had different beliefs. The book shows that mathematical facts are not, in general, empirically accessible, contra Quine, (...) and that they cannot be dispensed with, contra Field. However, it argues that they might be so plentiful that our knowledge of them is intelligible. The book concludes with a complementary ‘pluralism’ about modality, logic and normative theory, highlighting its revisionary implications. Metaphysically, pluralism engenders a kind of perspectivalism and indeterminacy. Methodologically, it vindicates Carnap’s pragmatism, transposed to the key of realism. (shrink)

John Rawls’ “reflective equilibrium” ranges amongst the most popular conceptions in contemporary ethics when it comes to the basic methodological question of how to justify and trade off different normative positions and attitudes. Even where Rawls’ specific contractualist account is not adhered to, “reflective equilibrium” is readily adopted as the guiding idea of coherentist approaches, seeking moral justification not in a purely deductive or inductive manner, but in some balancing procedure that will eventually procure a stable adjustment of relevant doctrines (...) and standpoints. However, it appears that the widespread use of this idea has led to some considerable deviations from its meaning within Rawls’ original framework and to a critical loss of conceptual cogency as an ethico-hermeneutical tool. This contribution identifies three kinds of “balancing” constellations that are frequently, but inadequately brought forth under the heading of Rawlsian “reflective equilibrium”: (a) balancing theoretical accounts against intuitive convictions; (b) balancing general principles against particular judgements; (c) balancing opposite ethical conceptions or divergent moral statements, respectively. It is argued that each of these applications departs from Rawls’ original construction of “reflective equilibrium” and also deprives the idea of its reliability in clarifying and weighing moral stances. (shrink)

What can we know? How should we live? What is there? Philosophers famously diverge in the answers they give to these and other philosophical questions. It is widely presumed that a lack of convergence on these questions suggests that philosophy is not progressing at all, is not progressing fast enough, or is not progressing as fast as other disciplines, such as the natural sciences. Call the view that ideal philosophical progress is marked by at least some degree of convergence on (...) the core philosophical questions the pro-convergence thesis. I will argue that there is reason to reject the pro-convergence thesis in favor of the anti-convergence thesis, the view that significant viewpoint convergence is at odds with the aims of a philosophically ideal community. The argument centers on a thought experiment about two different philosophical communities. (shrink)

This article examines the method of reflective equilibrium (RE) and its role in philosophical inquiry. It begins with an overview of RE before discussing some of the subtleties involved in its interpretation, including challenges to the standard assumption that RE is a form of coherentism. It then evaluates some of the main objections to RE, in particular, the criticism that this method generates unreasonable beliefs. It concludes by considering how RE relates to recent debates about the role of intuitions in (...) philosophy. (shrink)

This is the most comprehensive book ever published on philosophical methodology. A team of thirty-eight of the world's leading philosophers present original essays on various aspects of how philosophy should be and is done. The first part is devoted to broad traditions and approaches to philosophical methodology. The entries in the second part address topics in philosophical methodology, such as intuitions, conceptual analysis, and transcendental arguments. The third part of the book is devoted to essays about the interconnections between philosophy (...) and neighbouring fields, including those of mathematics, psychology, literature and film, and neuroscience. (shrink)

In medical ethics, business ethics, and some branches of political philosophy (multi-culturalism, issues of just allocation, and equitable distribution) the literature increasingly combines insights from ethics and the social sciences. Some authors in medical ethics even speak of a new phase in the history of ethics, hailing "empirical ethics" as a logical next step in the development of practical ethics after the turn to "applied ethics." The name empirical ethics is ill-chosen because of its associations with "descriptive ethics." Unlike descriptive (...) ethics, however, empirical ethics aims to be both descriptive and normative. The first question on which I focus is what kind of empirical research is used by empirical ethics and for which purposes. I argue that the ultimate aim of all empirical ethics is to improve the context-sensitivity of ethics. The second question is whether empirical ethics is essentially connected with specific positions in meta-ethics. I show that in some kinds of meta-ethical theories, which I categorize as broad contextualist theories, there is an intrinsic need for connecting normative ethics with empirical social research. But context-sensitivity is a goal that can be aimed for from any meta-ethical position. (shrink)

This paper argues that there was considerably more philosophy of action in moral theory before 1958 (when Anscombe complained of its lack under the banner 'philosophy of psychology') than there has been since. This is in part because Anscombe influenced the formation of 'virtue theory' as yet another position within normative ethics, and her work contributed to the fashioning of 'moral psychology' as an altogether distinct (and now increasingly empirical) branch of moral philosophy.

Suppose that one is at least a minimal realist about a given domain, in that one thinks that that domain contains truths that are not in any interesting sense of our own making. Given such an understanding, what can be said for and against the method of reflective equilibrium as a procedure for investigating the domain? One fact that lends this question some interest is that many philosophers do combine commitments to minimal realism and a reflective equilibrium methodology. Here, for (...) example, is David Lewis on philosophy: Our “intuitions” are simply opinions: our philosophical theories are the same. Some are commonsensical, some are sophisticated; some are particular; some general; some are more firmly held, some less. But they are all opinions, and a reasonable goal for a philosopher is to bring them into equilibrium. Our common task it to find out what equilibria there are that can withstand examination, but it remains for each of us to come to rest at one or another of them… Once the menu of well-worked out theories is before us, philosophy is a matter of opinion. Is that to say that there is no truth to be had? Or that the truth is of our own making, and different ones of us can make it differently? Not at all! If you say flatly that there is no god, and I say that there are countless gods but none of them are our worldmates, then it may be that neither of us is making any mistake of method. We may each be bringing our opinions to equilibrium in the most careful possible way, taking account of all the arguments, distinctions, and counterexamples. But one of us, at least, is making a mistake of fact. Which one is wrong depends on what there is (1983: x-xi). In addition to philosophy in general, the method of reflective equilibrium has also been endorsed as the appropriate procedure for investigating various other subject.. (shrink)

RésuméL'un des traits frappants d'une bonne partie des théories morales contemporaines est l'absence qu'on y trouve du sens moral commun. Les constructions théoriques de Rawls, Singer, Sidgwick et Smart sont caractéristiques à cet égard. Chacune échoue à rendre compte adéquatement du savoir moral que nous avons. Malgré leurs différences, leur échec commun tient à la méprise qu'elles partagent au sujet de la relation entre théorie et pratique, et à leur conception exagérée du rôle épistémique que jouent les principes moraux dans (...) la reconnaissance et la justification de la vérité de nos jugements moraux. (shrink)

In moral epistemology, the method of reflective equilibrium is often characterized in terms of intuitions or understood as a method for justifying intuitions. An analysis of reflective equilibrium and current theories of moral intuitions reveals that this picture is problematic. Reflective equilibrium cannot be adequately characterized in terms of intuitions. Although the method presupposes that we have initially credible commitments, it does not presuppose that they are intuitions. Nonetheless, intuitions can enter the process of developing a reflective equilibrium and, if (...) the process is successful, be justified. Since the method of reflective equilibrium does not essentially involve intuitions, it does not constitute a form of intuitionism in any substantial sense. It may be classified as intuitionist only in the minimal sense of not reducing justification to a matter of inference relations alone. (shrink)

Principles of distributive justice are normative principles designed to guide the allocation of the benefits and burdens of economic activity.

This chapter begins by explaining two widespread attitudes towards the methods of moral philosophy. The first common attitude is that the appropriate method for doing ethics was described by John Rawls when he formulated the reflective equilibrium method. Another common attitude is that moral philosophy has no method – anything goes in ethical theorising as long as the results are significant enough. The chapter then motivates the volume by arguing that these attitudes are not helpful. The reflective equilibrium method has (...) its limits and yet not all ways of proceeding in ethics are equally good. For this reason, I argue that we need to be more aware of the argumentative strategies we employ in ethics. This requires being methodologically reflective and transparent and taking part in the debates about the merits and problems of different methodologies exactly in the way done in the chapters of this volume. The second half of the chapter then provides an outline of the other chapters. Here I focus on clarifying exactly how these chapters contribute to the new discussions about the methods of ethics. (shrink)

John Rawls’ method of reflective equilibrium is the most influential methodology in contemporary ethics.This paper argues that this influence is undeserved, for two reasons. First, reflective equilibrium fails to accomplish two tasks that give us reason to care about methodology. On the one hand, it fails to explain how (or whether) moral knowledge is possible.This is because the method is explicitly oriented towards the distinct (and less interesting) task of characterizing our moral sensibilities. On the other hand, the method fails (...) to provide an informative way of adjudicating central methodological debates in ethics. Second, where Rawls’ method –and the background methodology he uses to motivate it –do have substance, that substance is implausible. The role of dispositions in the method entails that it endorses obviously irrational inferences. Further, the method makes substantively implausible distinctions between the dispositions that are allowed to play a methodological role. Rawls' background methodology appeals to the idea of a psychology in ‘wide reflective equilibrium’. However, both formal and empirical path-dependence considerations strongly suggest that there is nothing even minimally determinate that is someone’s psychology in ‘wide reflective equilibrium’. I close by exploring salient attempts to salvage the spirit of reflective equilibrium by abandoning elements of Rawls’ approach. I argue that none of these attempts succeed. I conclude that appeal to the method of reflective equilibrium is not a helpful means of addressing pressing methodological questions in ethics. In a slogan, reflective equilibrium is methodologically irrelevant. (shrink)

We discuss the social-epistemic aspects of Catherine Elgin’s theory of reflective equilibrium and understanding and argue that it yields an argument for the view that a crucial social-epistemic function of epistemic authorities is to foster understanding in their communities. We explore the competences that enable epistemic authorities to fulfil this role and argue that among them is an epistemic virtue we call “epistemic empathy”.

This open access book provides the first explicit case study for an application of the method of reflective equilibrium (RE), using it to develop and defend a precautionary principle. It thereby makes an important and original contribution to questions of philosophical method and methodology. The book shows step-by-step how RE is applied, and develops a methodological framework which will be useful for everyone who wishes to use reflective equilibrium. With respect to precautionary principles, the book demonstrates how a rights-based precautionary (...) principle can be constructed and defended. The case study succeeds in demonstrating that RE can be successfully applied and puts real constraints on the justification process. This is all the more remarkable as the case study was designed as an open-ended process, without presupposing any specific results. This book will be highly relevant both to people interested in philosophical methodology and epistemology, as well as to researchers who are interested in using philosophical methods and tools and applying them to practical problems. (shrink)

Are humans rational? Various experiments performed over the last several decades have been interpreted as showing that humans are irrational we make significant and consistent errors in logical reasoning, probabilistic reasoning, similarity judgements, and risk-assessment, to name a few areas. But can these experiments establish human irrationality, or is it a conceptual truth that humans must be rational, as various philosophers have argued? In this book, Edward Stein offers a clear critical account of this debate about rationality in philosophy and (...) cognitive science. He discusses concepts of rationality - the pictures of rationality that the debate centres on - and assesses the empirical evidence used to argue that humans are irrational. He concludes that the question of human rationality must be answered not conceptually but empirically, using the full resources of an advanced cognitive science. Furthermore, he extends this conclusion to argue that empirical considerations are also relevant to the theory of knowedge - in other words, that epistemology should be naturalized. from the reviews: 'Stein has done a great service in bringing together all of the important arguments in the human rationality debate and providing a measured critical assessment of them.... This will be an important book and is essential reading for epistemologists, philosophers of mind, and cognitive and evolutionary psychologists.' Choice 'very considerable value... for professionals' Times Higher Education Supplement. (shrink)

The motivating question of this paper is: ‘How are our beliefs in the theorems of mathematics justified?’ This is distinguished from the question ‘How are our mathematical beliefs reliably true?’ We examine an influential answer, outlined by Russell, championed by Gödel, and developed by those searching for new axioms to settle undecidables, that our mathematical beliefs are justified by ‘intuitions’, as our scientific beliefs are justified by observations. On this view, axioms are analogous to laws of nature. They are postulated (...) to best systematize the data to be explained. We argue that there is a decisive difference between the cases. There is agreement on the data to be systematized in the scientific case that has no analog in the mathematical one. There is virtual consensus over observations, but conspicuous dispute over intuitions. In this respect, mathematics more closely resembles stereotypical philosophy. We conclude by distinguishing two ideas that have long been associated -- realism (the idea that there is an independent reality) and objectivity (the idea that in a disagreement, only one of us can be right). We argue that, while realism is true of mathematics and philosophy, these domains fail to be objective. One upshot of the discussion is that even questions of fundamental physics may fail to be objective in roughly the sense that the question, ‘Is the Parallel Postulate is true?’, understood as one of pure mathematics, fails to be. Another is a kind of pragmatism. Factual questions in mathematics, modality, logic, and evaluative areas go proxy for non-factual practical ones. -/- . (shrink)

Recent years have seen a certain impatience with John Rawls's approach to political philosophy and calls for the discipline to move beyond it. One source of dissatisfaction is Rawls's idea of a well-ordered society. In a recent article, Alex Schaefer has tried to give further impetus to this movement away from Rawlsian theorizing by pursuing a question about well-ordered societies that he thinks other critics have not thought to ask. He poses that question in the title of his article: “Is (...) Justice a Fixed Point?.” Though Schaefer is critical of Rawlsian political theorizing, I shall contend that his arguments also suggest two paths forward for those who would follow the Rawlsian approach. First, the intellectual devices Schaefer deploys help those who would continue the Rawlsian project to see, and precisely to chart, the next step that that project needs to take—a step necessitated by a concession Rawls himself made late in the development of political liberalism. Second, the clarity and economy with which Schaefer lays out his alternative to the Rawlsian approach make it possible to state some fundamental Rawlsian challenges to a form of theorizing that has considerable appeal to many critics of that approach. (shrink)

According to HealthCare.gov, by improving access to quality health for all Americans, the Affordable Care Act (ACA) will reduce disparities in health insurance coverage. One way this will happen under the provisions of the ACA is by creating a new health insurance marketplace (a health insurance exchange) by 2014 in which “all people will have a choice for quality, affordable health insurance even if a job loss, job switch, move or illness occurs”. This does not mean that everyone will have (...) whatever insurance coverage he or she wants. The provisions of the ACA require that each of the four benefit categories of plans (known as bronze, silver, gold and platinum) provides no less than the benefits available in an “essential health benefits package”. However, without a clear understanding of what criteria must be satisfied for health care to be essential, the ACA’s requirement is much too vague and open to multiple, potentially conflicting interpretations. Indeed, without such understanding, in the rush to provide health insurance coverage to as many people as is economically feasible, we may replace one kind of disparity (lack of health insurance) with another kind of disparity (lack of adequate health insurance). Thus, this paper explores the concept of “essential benefits”, arguing that the “essential health benefits package” in the ACA should be one that optimally satisfies the basic needs of the people covered. (shrink)

The article propounds a justification of public health interventionism grounded on personal health as an intermediate human end in the ethical domain, on an interpretation of Aristotle. This goes beyond the position taken by some liberals that health should be understood as a prudential good alone. A second, but independent, argument is advanced in the domain of the political, namely, that population health can be justified as a political value in its own right as a primary social good, following an (...) interpretation of John Rawls’s evolved understanding of such goods in his later works. The article sets the scene for these positions by highlighting how liberal theories focusing on freedom as non-interference, or making the harm principle the basis of legitimate public health interventions, undercut the capacity of the state to actively promote population health. The article points to theoretical resources on legitimacy and liberty—the ‘salient coordinator account’ of authority and freedom as non-domination—that may help avoid this risk. The role of reflective equilibrium incorporating incompletely theorized mid-level principles is emphasized to ensure that interventions are soundly justified. The application of these principles would ensure that interventions do not exceed the proper moral/political boundaries limiting the role of government. (shrink)

This paper takes up the question of the role of philosophical moral theory in our attempts to resolve the ethical problems that arise in health care, with particular reference to the contention that we need theory to be determinative of our choice of actions. Moral theorizing is distinguished from moral theories and the prospects for determinacy from the latter are examined through a consideration of the most promising candidates: utilitarianism, deontology and the procedures involved in reflective equilibrium. It is argued (...) that the current lack of any generally accepted method of solving moral problems, together with the extreme improbability of philosophy achieving a plausibly determinate theory, should encourage us to approach the problems in a spirit of agnosticism regarding the way in which theoretical material might be of relevance. The practical test for both moral theorizing and moral theories is thus not determinacy but the degree to which they increase our understanding of moral problems by serving, as they do in philosophy, as a means of inquiry into their nature. (shrink)

The nature of the relation between jurisprudential theories and first-order legal judgments is a strangely uncontroversial matter in contemporary legal philosophy. There is one dominant conception of the relation according to which jurisprudential theories are second-order or meta-legal theories that specify the ultimate grounds of first-order legal judgments. According to this conception, difficult first-order legal disputes are to be resolved by jurisprudential theorizing. According to an alternative conception that Ronald Dworkin has influentially advocated, jurisprudential theories are not second-order theories about (...) the nature of law, but instead covert first-order legal theories. These two conceptions of the relation between jurisprudential theories and first-order legal judgments dominate the contemporary legal philosophical scene and crowd out other possible conceptions. This article scrutinizes the two conceptions, and in the process raises the possibility of a different and arguably more credible conception. According to this new conception, our first-order legal views and a jurisprudential theory that we accept are supposed to form a mutually disciplining and supporting set of views that we accept in our pursuit of the epistemic ideal of wide reflective equilibrium. The two sets of views are supposed to constrain and discipline each other; but neither is meant to underwrite, certify, or ultimately determine the contents of the other. This new conception, which allows the relation between jurisprudential theories and first-order legal judgments to be much looser, untidier, and more complex than what the two dominant conceptions imply, should facilitate progress in legal philosophy and in first-order legal thinking. (shrink)

Many of us think that perspective-taking is relevant to moral judgment. In this paper I claim that Scanlon’s contractualism provides an appealing and distinctive account of why this is so. Contractualism interprets our moral judgments as making claims about the reasons of individuals in various situations, reasons that we can only recognise by considering their perspectives. Contractualism thereby commits itself to the view that our capacity for moral judgment depends on our capacity for perspective-taking. I show that neither utilitarianism nor (...) Kantianism assign a similar significance to our capacity for perspective-taking. (shrink)

John Rawls's transition from A Theory of Justice to Political Liberalism was driven by his rejection of Theory's account of stability. The key to his later account of stability is the idea of public reason. We see Rawls's account of stability as an attempt to solve a mutual assurance problem. We maintain that Rawls's solution fails because his primary assurance mechanism, in the form of public reason, is fragile. His conception of public reason relies on a condition of consensus that (...) we argue is unrealistic in modern, pluralistic democracies. After rejecting Rawls's conception of public reason, we offer an ‘indirect alternative’ that we believe is much more robust. We cite experimental evidence to back up this claim. (shrink)

Public reason theories are characterized by three conditions: constructivism, representation, and stability. Constructivism holds that justification does not rely on any antecedent moral or political values outside of the procedure of agreement. Representation holds that the reasons for the choice in the model must be rationally explicable to real agents outside the model. Stability holds that the principles chosen in the procedure should be stable upon reflection, especially in the face of diversity in a pluralistic society. Choice procedures that involve (...) at least two-stages with different information, as Rawls’s theory does, will be path-dependent and not meet the condition of representation since it will not be globally coherent. Attempts to solve this problem without eliminating the segmentation of choice in the procedure will run afoul of constructivism or stability. This problem is instructive because it highlights how public reason theories must evolve in the face of increased concerns about diversity. (shrink)

Contemporary political philosophers often take for granted that for political purposes all humans are to be considered of equal worth. The difficulty, as Bernard Williams observed, is to find an interpretation of this claim that does not collapse into absurdity or triviality. I show that the principal attempts to solve this problem all beg the question against an Aristotelian proponent of natural hierarchy. I then explore existing proposals for dissolving the problem of basic equality, whether by denying the need for (...) justification altogether or by reframing justification in either ostensive or coherentist fashion, showing that each fails to account for our sense that basic equality is objectively true. In response, I outline a Hegelian approach that treats the commitment to basic equality as a social fact that constrains philosophical reasoning in contemporary liberal democracies. By itself that might suggest complacent conservatism or cultural relativism, but I argue that practices and institutions that reflect and foster a commitment to basic equality have a distinct value in permitting reciprocal recognition and thereby enabling us to make a distinct class of normative claims on one another. This Hegelian resolution of the problem is dialectically superior to its rivals and therefore warrants further development. (shrink)

A recent study of moral intuitions, performed by Joshua Greene and a group of researchers at Princeton University, has recently received a lot of attention. Greene and his collaborators designed a set of experiments in which subjects were undergoing brain scanning as they were asked to respond to various practical dilemmas. They found that contemplation of some of these cases (cases where the subjects had to imagine that they must use some direct form of violence) elicited greater activity in certain (...) areas of the brain associated with emotions compared with the other cases. It has been argued (e.g., by Peter Singer) that these results undermine the reliability of our moral intuitions, and therefore provide an objection to methods of moral reasoning that presuppose that they carry an evidential weight (such as the idea of reflective equilibrium). I distinguish between two ways in which Greene's findings lend support for a sceptical attitude towards intuitions. I argue that, given the first version of the challenge, the method of reflective equilibrium can easily accommodate the findings. As for the second version of the challenge, I argue that it does not so much pose a threat specifically to the method of reflective equilibrium but to the idea that moral claims can be justified through rational argumentation in general. (shrink)

The idea of reflective equilibrium remains the most popular approach to questions about method in ethics, despite the masses of criticism it has been faced with over the years. Is this due to the availability of compelling responses to the criticisms or rather to factors that are independent of its reasonableness? The aim of this paper is to provide support for the first answer. I particularly focus on the recent discussion. Some recent objections are related to general arguments against the (...) possibility of moral knowledge, such as so-called “evolutionary debunking arguments.” I argue that nothing that has come to light in that debate, or in the recent discussion about IRE more generally, decisively strengthens the case against it. If anything, the recent developments show that IRE deserves its present status. (shrink)

The method of Wide Reflective Equilibrium has been defended by Kai Nielsen as an exciting new development in the search for a device for increasing our ability to choose between competing moral conceptions. Nonetheless, this confidence will be seen as misplaced unless serious issues are resolved. Lack of clarity surrounds the questions: What is the claimed epistemological role for WRE? What version of WRE is to be employed? In this paper I resolve these ambiguities in a way which supports Kai (...) Nielsen's claim. First, however, I should specify in broad terms the method of WRE. (shrink)

Various theories have been put forward in an attempt to explain what makes moral judgments justifiable. One of the main theories currently advocated in bioethics is a form of coherentism known as wide reflective equilibrium. In this paper, I argue that wide reflective equilibrium is not a satisfactory approach for justifying moral beliefs and propositions. A long-standing theoretical problem for reflective equilibrium has not been adequately resolved, and, as a result, the main arguments for wide reflective equilibrium are unsuccessful. Moreover, (...) practical problems that arise in using the method of wide reflective equilibrium undermine the idea that it is a viable approach for justifying moral judgments about cases and policies. Given that wide reflective equilibrium is the most prominent version of coherentism, these considerations call into question the coherentist approach to justification in bioethics. (shrink)

Cohen (1981) and others have made an interesting argument for the thesis that humans are rational: normative principles of reasoning and actual human reasoning ability cannot diverge because both are determined by the same process involving our intuitions about what constitutes good reasoning as a starting point. Perhaps the most sophisticated version of this argument sees reflective equilibrium as the process that determines both what the norms of reasoning are and what actual cognitive competence is. In this essay, I will (...) evaluate both the general argument that humans are rational and the reflective equilibrium argument for the same thesis. While I find both accounts initially appealing, I will argue that neither successfully establishes that humans are rational. (shrink)

There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism seems to ignore (...) the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

L’enquête conceptuelle sur la justice de Kyle Johannsen nous incite à considérer la justice comme une simple valeur, indépendante des exigences de la pratique. Dans ce qui suit, je soulève deux questions méthodologiques afin de déterminer si Johannsen fonctionne avec la compréhension ‘correcte’ de la justice et de le convaincre que des problèmes complexes, tels que ceux concernant la justice sociale, nécessitent que la justice soit comprise comme une valeur complexe. Ainsi, les contextualistes de la justice devraient embrasser la distinction (...) entre la justice et les règles de régulation. En outre, la justice, davantage qu’une valeur parmi d’autres à considérer dans nos délibérations, doit plutôt être conçue comme leur résultat. (shrink)

Reflective equilibrium is overdue a twenty-first century update. Despite its apparent popularity, there is scant evidence that theorists ever thoroughly implement the method, and fewer still openly and transparently publish their attempts to do so in print—stymying its supposed justificatory value. This paper proposes digitising reflective equilibrium as a solution. Inspired by the global open science movement, it advocates for coupling a novel, digital implementation of the equilibrating process with new publication norms that can capitalise on the inherent reproducibility of (...) digital data. The argument is structured around three main claims: that digitising will make it easier to (a) methodically construct, (b) widely disseminate, and (c) thoroughly critique reflective equilibria. Practical guidance is also provided throughout. Altogether, it is argued that digitisation will not only help theorists to better realise reflective equilibrium’s latent theoretical potential, but also greatly extend its value as a justificatory device in contemporary academic discourses. (shrink)

An increasing number of people seek medical attention for mild cognitive symptoms at older age, worried that they might develop Alzheimer’s disease. Some clinical practice guidelines suggest offering biomarker testing in such cases, using a brain scan or a lumbar puncture, to improve diagnostic certainty about Alzheimer’s disease and enable an earlier diagnosis. Critics, on the other hand, point out that there is no effective Alzheimer treatment available and argue that biomarker tests lack clinical validity. The debate on the ethical (...) desirability of biomarker testing is currently polarized; advocates and opponents tend to focus on their own line of arguments. In this paper, we show how the method of reflective equilibrium can be used to systematically weigh the relevant arguments on both sides of the debate to decide whether to offer Alzheimer biomarker testing. In the tradition of RE, we reflect upon these arguments in light of their coherence with other argumentative elements, including relevant facts, ethical principles, and theories on societal ideals or relevant concepts, such as autonomy. Our stance in the debate therefore rests upon previously set out in-depth arguments and reflects a wide societal perspective. (shrink)

In this essay I defend the view that Henry Sidgwick’s moral epistemology is a form of intuitionist foundationalism that grants common-sense morality no evidentiary role. In §1, I outline both the problematic of The Methods of Ethics and the main elements of its argument for utilitarianism. In §§2-4 I provide my interpretation of Sidgwick’s moral epistemology. In §§ 5-8 I refute rival interpretations, including the Rawlsian view that Sidgwick endorses some version of reflective equilibrium and the view that he is (...) committed to some kind of pluralistic epistemology. In§ 9 I contend with some remaining objections to my view. (shrink)

Meu principal objetivo, neste artigo, é analisar o problema da justificação moral para JohnRawls, caracterizando a teoria da justiça como equidade como um sistema coerentista de justificaçãoque conta com uma epistemologia coerentista holística, uma teoria do contrato social que introduzuma ontologia social e uma estratégia pragmatista de justificação na teoria contratualista. No escopodeste trabalho, examinarei o pressuposto pragmatista de justificação na teoria do contrato social, o qual faz uso do argumento da estabilidade social e legitimidade política para garantir a validade (...) da regra, isto é, dos princípios de justiça, a partir de dois artigos centrais para este debate: "Justice as Fairness: Political not Metaphysical" e "Reply to Habermas" § 1, 2. Um objetivo específico será o demostrar a complementaridade entre o descritivismo e o prescritivismo nessa estratégia de justificação que possibilita a superação da dicotomia entre fato e valor. (shrink)

Argues that the answer is yes. The epistemic assumptions of moral theory deprive us of resources needed to resist the challenge of moral disagreement, which its practice at the same time makes vivid. The paper ends by sketching a kind of epistemology that can respond to disagreement without skepticism: one in which the fundamental standards of justification for moral belief are biased toward the truth.