Bringing expert knowledge to bear in an open and deliberative way to help solve pressing social problems is a major concern today, when technocratic and bureaucratic decision making often occurs with little or no input from the general public. Albert Dzur proposes an approach he calls “democratic professionalism” to build bridges between specialists in domains like law, medicine, and journalism and the lay public in such a way as to enable and enhance broader public engagement with and deliberation about (...) major social issues. Sparking a critical and constructive dialogue among social theories of the professions, professional ethics, and political theories of deliberative democracy, Dzur reveals interests, motivations, strengths, and vulnerabilities in conventional professional roles that provide guideposts for this new approach. He then applies it in examining three practical arenas in which experiments in collaboration and power-sharing between professionals and citizens have been undertaken: public journalism, restorative justice, and the bioethics movement. Finally, he draws lessons from these cases to refine this innovative theory and identify the kinds of challenges practitioners face in being both democratic and professional. (shrink)

The United States leads the world in incarceration, and the United Kingdom is persistently one of the European countries with the highest per capita rates of imprisonment. Yet despite its increasing visibility as a social issue, mass incarceration - and its inconsistency with core democratic ideals - rarely surfaces in contemporary Anglo-American political theory. Democratic Theory and Mass Incarceration seeks to overcome this puzzling disconnect by deepening the dialogue between democratic theory and punishment policy. This collection of original essays initiates (...) a multi-disciplinary discussion among philosophers, political theorists, and criminologists regarding ways in which contemporary democratic theory might begin to think beyond mass incarceration. Rather than viewing punishment as a natural reaction to crime and imprisonment as a sensible outgrowth of this reaction, the volume argues that crime and punishment are institutions that reveal unmet demands for public oversight and democratic influence. Chapters explore theoretical paths towards de-carceration and alternatives to prison, suggest ways in which democratic theory can strengthen recent reform movements, and offer creative alternatives to mass incarceration. Democratic Theory and Mass Incarceration offers guideposts for critical thinking about incarceration, examining ways to rebuild crime control institutions and create a healthier, more just society. (shrink)

A response to Roberto Gargarella’s review of Punishment, Participatory Democracy, and the Jury, by Albert W. Dzur.

Albert Dzur proposes an approach he calls "democratic professionalism" to build bridges between specialists in domains like law, medicine, and journalism and the lay public in such a way as to enable and enhance broader public engagement ...

This essay discusses the jury 's value in American democracy by examining Alexis de Tocqueville 's analysis of the jury as a free school for the public. His account of jury socialization, which stressed lay deference to judges and trust in professional knowledge, was one side of a complex set of ideas about trust and authority in American political thought. Tocqueville 's contemporary Francis Lieber held juries to have important competencies and to be ambivalent rather than deferential regarding court professionals. (...) The nineteenth-century courtroom exhibited such ambivalence and was marked by institutional conflict involving increasing professional authority demanded by the bench and populist counter-pressures. Assessing the value of the jury today may require some of the conceptual tools Tocqueville offers, but must also renew an appreciation of the jury as a site that utilizes already existing juridical capabilities of lay people and thus re-conceive the relationship between lay people and court professionals. (shrink)

But the action of the common people is always either too remiss or too violent. Sometimes with a hundred thousand arms they overturn all before them; and sometimes with a hundred thousand feet they creep like insects. —Montesquieu.

Focusing democratic theory on the pressing issue of punishment, Punishment, Participatory Democracy, and the Jury argues for participatory institutional designs as antidotes to the American penal state. Citizen action in institutions like the jury and restorative justice programs can foster the attunement, reflectiveness, and full-bodied communication needed as foundations for widespread civic responsibility for criminal justice.

: As the fifth national bioethics commission has concluded its work and a sixth is currently underway, it is time to step back and consider appropriate measures of success. This paper argues that standard measures of commissions' influence fail to fully assess their role as public forums. From the perspective of democratic theory, a critical dimension of this role is public engagement: the ability of a commission to address the concerns of the general public, to learn how average citizens resolve (...) moral issues in healthcare, and to monitor public opinion on the topics addressed in the commission. Such a public forum role is supported by the critical literature within bioethics, which has deemed some commissions successful, supported more generally by the history of bioethics as a reform discourse that has brought socially important values into the medical domain, and supported more generally still by the example of the great social issues commissions of the 1960s. (shrink)

This essay asks if there is a role for an active public in ratcheting down the harsh politics of crime control in the United States and the United Kingdom that has led to increased use of the criminal law and greater severity in punishment. It considers two opposing answers offered by political and legal theorists and then begins to develop a participatory democratic framework for institutional reform.

: In a 2004 article, we argued that bioethics commissions should be assessed in terms of their usefulness as public forums. A 2006 article by Summer Johnson argued that our perspective was not supported by the existing literature on presidential commissions, which had not previously identified commissions as public forums and that we did not properly account for the political functions of commissions as instruments of presidential power. Johnson also argued that there was nothing sufficiently unique about bioethics commissions to (...) make the public forum perspective particularly applicable. We respond by arguing that analysis of commissions' work as public forums fits well within the literature on commissions, especially on their agenda-setting functions, and that the political functions of commissions are often compatible with their functioning as public forums. We also demonstrate how the origins and concerns of bioethics make public forum analysis particularly applicable to bioethics commissions. (shrink)

But the action of the common people is always either too remiss or too violent. Sometimes with a hundred thousand arms they overturn all before them; and sometimes with a hundred thousand feet they creep like insects.Late modernity, when things and people are so fluid and fast until they stop, is a time of unsettled democratic identities. A well-known image of Magritte's, entitled La folie des grandeurs, or Megalomania, depicts a female torso in three stacked hollow segments of inclining scale, (...) the top fitting into the middle fitting into the bottom. This headless and limbless body set against Magritte's trademark blue sky is more suitable in some respects as a symbol of contemporary democracy than Montesquieu's .. (shrink)

Resumen La historia ocupa un papel marginal en las teorías actuales de la globalización. Esto no deja de sorprender, pues “globalización” es, en esencia, un concepto que describe un proceso de la historia. Menos aún se habla de la filosofía de la historia, sobre todo porque ha caído en descrédito. Sin embargo, casi todas las argumentaciones emplean modelos de interpretación propios de la filosofía de la historia. Se conjetura qué tendencias generales le son inherentes a la globalización y si apuntan (...) a un “progreso” o a una “decadencia” de la civilización humana. Por último, el problema ético de la justicia global debe tomar en consideración el desarrollo de la historia acontecida. Estos temas dejan claro que el recurso a la historia con implicaciones filosóficas es imprescindible para resolver los problemas de la globalización.Contemporary theories of globalisation seldom mention history. This is surprising, because “globalisation” is essentially a term describing an historical process. There is still less mention of the philosophy of history, especially due to the discredit cast upon it. And yet nearly all of the relevant arguments operate with patterns of interpretation borrowed from the philosophy of history. The authors speculate on which general tendencies are inherent to globalisation and whether they are more indicative of the “progress” or of the “downfall” of human civilisation. Finally, the ethical problem of global justice requires us to take into account the course of history thus far. These topics underline that resorting to history with all of its philosophical implications is essential if we are to resolve the problems caused by globalisation. (shrink)

This is an encyclopedia entry on consequentializing. It explains what consequentializing is, what makes it possible, why someone might be motivated to consequentialize, and how to consequentialize a non-consequentialist theory.

In lieu of an abstract, here is a brief excerpt of the content:184 BOOK REVIEWS knower, one may avoid undercutting the position that the cognitive powers are passive, without failing to do justice to the fact that aware· ness and discrimination are activities of the knower {pp. 71-72; 148· 49, n. 6). Second, Kai holds that the individual human being cannot really he said to have intuitive mind in himself: "Man has mind; hut only to a certain degree and without (...) mind losing its independence from the human whole.... the divine mind is present in man without los· ing its character of divine mind " (p. 75). If only God has intuitive mind {pp. 155, n. 32; 156-57, n. 13), how can the individual human being really know, even in the sense of having discursive thought? Since knowledge depends on first principles, what does not possess the intuitive mind which knows the first principles would, it seems, not properly have knowledge. The only hope for a definitive interpretation of the disconcertingly brief De Anima, 3. 5, lies in the possibility that one can establish a definite connection between this chapter and other elements in the Aris· totelian corpus, a connection that would elucidate the otherwise in· scrutable teaching on active mind. It is the great merit of Kai to have made an excellent case for a connection between De Anima, 3. 5, and two other elements in the Aristotelian corpus: nous as it functions in the logic and epistemology, and the unmoved mover of Metaphysics, Lambda. Exploring this connection in a penetrating and thorough analysis of a great body of Aristotelian and secondary te~ts, Kai has not merely taken a position on a more than two-thousand-year-old con· troversy, hut also has decisively advanced our understanding of active mind. St. John's University Jamaica, New York JAMES T. H. MARTIN Anselm Studies: An Occasional Journal. Vol. 2. Edited by JosEPH ScHNAUBELT, OSA, et al., White Plains, New York: Kraus Inter· national Publications, 1988. Pp. 634. $55.00. This volume contains the proceedings of the Fifth International Saint Anselm Conference (Villanova University, September 16-21, 1985). Held in conjunction with the Tenth International Patristic, Medieval, and Renaissance Conference, the meeting occasioned papers concen· trating on areas of "influence and juncture" in the life and thought of St. Anselm and St. Augustine. Given the dependence of much of Anselm's work on the thought of St. Augustine, the Conference took as its particular objective the understanding of the relationship between BOOK REVIEWS 185 faith and reason. While the focus of the papers in this volume includes both saints, the principal emphasis falls on Anselm as inheritor and interpretor of the methods and ideas of his intellectual ancestor. A brief introduction provides cameo presentations of Anselm's character as abbot, monk, and archbishop, together with a conspectus on Anselm's position vis-a-vis the canonical and ecclesiological issues of his day. The papers are then divided into five chapters: "Anselm's Monasticism." "The Proslogion Argument," "Truth: Anselm and Augustine," "Theological Method," and "The Anselmian Worldview." While the papers are of use to scholarly readers desiring detailed treatment of central issues in Anselm's logic and epistemology, the un· doubted strength of the collection lies in its well-calculated effort to integrate an understanding of Anselm's intellectual and spiritual out· look with the theological, spiritual, and literacy currents of his time. Especially for the historian of intellect and society, the essays in this volume provide analysis that advances our understanding of the cultural context of the 11th and 12th centuries. The contribution to our understanding of Anselm's culture is par· ticularly clear in the first and fourth divisions of the volume, the sec· tions dealing with monasticism and Anselm's worldview. In the former division, Glenn Olsen's assessment of " Anselm and Homosexuality" neatly evaluates the evidence for Anselm's sexual orientation made controversial by John Boswell's Christianity, Social Tolerance, and Homosexuality. In fact, the present article, together with its notes, provides a useful summary of the critical literature which has grown up of late around the Boswellian thesis as well as the study of literary expressions of affection in the 11th and 12th centuries. Olsen grasps the... (shrink)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

I develop an expressivist account of verbal disagreements as practical disagreements over how to use words rather than factual disagreements over what words actually mean. This account enjoys several advantages over others in the literature: it can be implemented in a neo-Stalnakerian possible worlds framework; it accounts for cases where speakers are undecided on how exactly to interpret an expression; it avoids appeals to fraught notions like subject matter, charitable interpretation, and joint-carving; and it naturally extends to an analysis of (...) metalinguistic negotiations. (shrink)

In this, the sixth chapter of _Kantsequentialism: A Morality of Ends_, I argue that the duty of beneficence is best understood as a duty both (a) to adopt helping the needy as a serious, major, continually relevant, life-shaping end and (b) to refrain from acting in a way that would manifest one’s failure to do so. What’s more, I argue that Kantsequentialism offers us the best account of whether an act manifests a failure to have adopted helping the needy as (...) such a life-shaping end. I start by considering some alternative accounts of our duty of beneficence, examining where each goes wrong. I then conclude by showing how Kantsequentialism offers us the best approach to accommodating agent-centered options. (shrink)

Much has been written on whether practical knowledge (knowledge-how) reduces to propositional knowledge (knowledge-that). Less attention has been paid to what we call deliberative knowledge (knowledge-to), i.e., knowledge ascriptions embedding other infinitival questions, like _where to meet_, _when to leave_, and _what to bring_. We offer an analysis of knowledge-to and argue on its basis that, regardless of whether knowledge-how reduces to knowledge-that, no such reduction of knowledge-to is forthcoming. Knowledge-to, unlike knowledge-that and knowledge-how, requires the agent to have formed (...) certain conditional intentions. We discuss the philosophical implications for knowledge-how, deliberative questions, and virtue. (shrink)

In light of the problem of logical omniscience, some scholars have argued that belief is question-sensitive: agents don't simply believe propositions but rather believe answers to questions. Hoek (2022) has recently developed a version of this approach on which a belief state is a "web" of questions and answers. Here, we present several challenges to Hoek's question-sensitive account of belief. First, Hoek's account is prone to very similar logical omniscience problems as those he claims to address. Second, the link between (...) belief and action he proposes is too rigid. We close by sketching a generalization of the account that can meet these challenges. (shrink)

A common objection to the very idea of conceptual engineering is the topic continuity problem: whenever one tries to “reengineer” a concept, one only shifts attention away from one concept to another. Put differently, there is no such thing as conceptual revision: there’s only conceptual replacement. Here, I show that topic continuity is compatible with conceptual replacement. Whether the topic is preserved in an act of conceptual replacement simply depends on what is being replaced (a conceptual tool or a conceptual (...) role) and what the topic under discussion is. Thus, the topic continuity problem only arises from a failure to specify these two things. (shrink)

Kant’s formula of universal law (FUL) is standardly understood as a test of the moral permissibility of an agent’s maxim: maxims which pass the test are morally neutral, and so permissible, while those which do not are morally impermissible. In contrast, I argue that the FUL tests whether a maxim is the cause or determining ground of an action at all. According to Kant’s general account of causality, nothing can be a cause of some effect unless there is a law-like (...) relation between the putative cause and effect. Applied to the case of action, no maxim can be the cause of an agent’s action unless there is a law-like relation between maxims of that kind and actions of that kind. The special capacity to act according to maxims as law-like causes is what Kant calls a will; the basic constitutive principle of the will is a non-normative principle I call the categorical declarative. While the actions of a perfectly good will would be described by the categorical declarative alone, human action is determined not only by the causality of the will, but also by competing causes, namely those stemming from inclination. There is thus need for a causal test for putative maxims. The test contained in the FUL is meant to determine whether an action could be grounded solely on the agent’s maxim, or whether it requires a cause external to the will. This account permits one to build eventual distinctions concerning the morality of actions on prior and independent distinctions concerning their causality. (shrink)

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

A supplemental document for "Metalinguistic Gradability".

In this chapter, we compare Kant and James’ accounts of freedom. Despite both thinkers’ rejecting compatibilism for the sake of practical reason, there are two striking differences in their stances. The first concerns whether or not freedom requires the possibility of an open future. James holds that morality hinges on the real possibility that the future can be affected by our actions. Kant, on the other hand, seems to maintain that we can still be free in the crucial sense, even (...) if none of our actions can have any effect on the future. The second difference between them is related, and concerns the location of freedom. Kant views experience as determined by natural necessity, and locates freedom outside of it, in things-in-themselves. James, on the other hand, has a richer conception of experience than Kant, and holds that we can locate our freedom within experience alone. In the end, we contend that James has a better account of how freedom relates to our experience, but this comes at a cost. For while Kant's account struggles with the relationship between freedom and experience, it has the advantage of insulating our freedom from potential empirical challenges. (shrink)

The case (Dawson et al. 2024) describes an Institutional Review Board (IRB) chair who seeks consultation about waiving the requirement that investigators obtain prospective, informed consent for collection of microbiome samples by swabbing the perianal region of severely burned patients shortly after their admission to an intensive care unit (ICU). We argue that it is ethically permissible to waive informed consent requirements for the perianal swab and that the IRB should approve a waiver as permitted by regulations.