Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of good outcomes. It (...) holds that there are constraints on promoting the good. Such constraints may be overridden only if enough good is at stake. While moderate deontology conforms to prevailing moral intuitions and legal doctrines, it is arguably lacking in methodological rigor and precision. Eyal Zamir and Barak Medina argue that the normative flaws of economic analysis can be rectified without relinquishing its methodological advantages and that moral constraints can be formalized so as to make their analysis more rigorous. They discuss various substantive and methodological choices involved in modeling deontological constraints. Zamir and Medina propose to determine the permissibility of any act or rule infringing a deontological constraint by means of mathematical threshold functions. Law, Economics, and Morality presents the general structure of threshold functions, analyzes their elements and addresses possible objections to this proposal. It then illustrates the implementation of constrained CBA in several legal fields, including contract law, freedom of speech, antidiscrimination law, the fight against terrorism, and legal paternalism. (shrink)
: Standing before one of Ada Medina's works in a museum recently, I knew myself to be in the company of a distinct presence. The exquisite form was so novel, yet its layers of organicity were deeply familiar. The piece effectively conveyed complex relationality, and pointed toward innovative forms of being, without resorting to didacticism, melodrama, or cliché. I had a strong urge to hug it. I needed to step back and figure it out.
In the era of information and communication, issues of misinformation and miscommunication are more pressing than ever. _Epistemic injustice - _one of the most important and ground-breaking subjects to have emerged in philosophy in recent years - refers to those forms of unfair treatment that relate to issues of knowledge, understanding, and participation in communicative practices. The Routledge Handbook of Epistemic Injustice is an outstanding reference source to the key topics, problems and debates in this exciting subject. The first collection (...) of its kind, it comprises over thirty chapters by a team of international contributors, divided into five parts: Core Concepts Liberatory Epistemologies and Axes of Oppression Schools of Thought and Subfields within Epistemology Socio-political, Ethical, and Psychological Dimensions of Knowing Case Studies of Epistemic Injustice. As well as fundamental topics such as testimonial and hermeneutic injustice and epistemic trust, the Handbook includes chapters on important issues such as social and virtue epistemology, objectivity and objectification, implicit bias, and gender and race. Also included are chapters on areas in applied ethics and philosophy, such as law, education, and healthcare. The Routledge Handbook of Epistemic Injustice is essential reading for students and researchers in ethics, epistemology, political philosophy, feminist theory, and philosophy of race. It will also be very useful for those in related fields, such as cultural studies, sociology, education and law. (shrink)
First, I argue that the contestability of the term “terrorism” is insufficient to justify the targeting of those who are innocent noncombatants beyond reasonable doubt; second, that states could be as vicious, if not even more so, than nonstate actors could be in perpetrating acts that might be described as terrorism, and, third, that an adequate definition of international terrorism must focus on the actual victims of such despicable acts.
This paper defends a contextualist approach to epistemic injustice according to which instances of such injustice should be looked at as temporally extended phenomena (having developmental and historical trajectories) and socially extended phenomena (being rooted in patterns of social relations). Within this contextualist framework, credibility excesses appear as a form of undeserved epistemic privilege that is crucially relevant for matters of testimonial justice. While drawing on Miranda Fricker's proportional view of epistemic justice, I take issue with its lack of attention (...) to the role that credibility excesses play in testimonial injustices. I depart from Fricker's view of the relation between credibility excesses and credibility deficits, and I offer an alternative account of the contributions that undeserved epistemic privileges make to epistemic injustices. Then, through the detailed analysis of To kill a mockingbird, I elucidate the crucial role played by the social imaginary in creating and sustaining epistemic injustices, developing an analysis of the kind of social blindness produced by an oppressive social imaginary that establishes unjust patterns of credibility excesses and deficits. (shrink)
While in agreement with Miranda Fricker?s context-sensitive approach to hermeneutical injustice, this paper argues that this contextualist approach has to be pluralized and rendered relational in more complex ways. In the first place, I argue that the normative assessment of social silences and the epistemic harms they generate cannot be properly carried out without a pluralistic analysis of the different interpretative communities and expressive practices that coexist in the social context in question. Social silences and hermeneutical gaps are misrepresented if (...) they are uniformly predicated of an entire social context, instead of being predicated of particular ways of inhabiting that context by particular people in relation to particular others. I contend that a more nuanced?polyphonic?contextualization offers a more adequate picture of what it means to break social silences and to repair the hermeneutical injustices associated with them. In the second place, I argue that the particular obligations with respect to hermeneutical justice that differently situated subjects and groups have are interactive and need to be determined relationally. That is, whether individuals and groups live up to their hermeneutical responsibilities has to be assessed by taking into account the forms of mutual positionality, relationality, and responsivity (or lack thereof) that these subjects and groups display with respect to one another. The central argument is developed through an examination of what in race theory and in contemporary epistemologies of ignorance has been termed ?white ignorance?; that is, the kind of hermeneutical inability of privileged white subjects to recognize and make sense of their racial identities, experiences, and social positionality. (shrink)
In my replies to some of my critics I argue that while the practice of terrorism is never justified, I concede that it is rarely but sometimes excused. As result, those who engage in excusable terrorism has a substantial burden of proof. They need to offer a compelling argument to show that the harm caused by their terrorist violence is actually excused by the extenuating circumstances and the goal that they are trying to achieve, so they will not be morally (...) or legally blameworthy for bringing about such harm. I am assuming that they will need to demonstrate that the alleged harm is excusable because it is necessary to accomplish a worthy goal and there is no other reasonable way to obtain such a worthy goal without deliberately harming those who can be reasonably conceived of as impeccably or objectively innocent. That is, those who are innocent beyond reasonable doubt. (shrink)
(2013). Standards for Academic and Professional Instruction in Foundations of Education, Educational Studies, and Educational Policy Studies Third Edition, 2012, Draft Presented to the Educational Community by the American Educational Studies Association's Committee on Academic Standards and Accreditation. Educational Studies: Vol. 49, Critical, Interpretive, and Normative Perspectives of Educational Foundations: Contributions for the 21st Century, pp. 107-118.
This paper uses the conceptual apparatus of Wittgenstein’s later philosophy to tackle a foundational issue in the philosophical literature on group identity, namely, the problem of difference. This problem suggests that any appeal to a collective identity is oppressive because it imposes a shared identity on the members of a group and suppresses the internal differences of the group. I develop a Wittgensteinian view of identity that dissolves this problem by showing the conceptual confusions on which it rests. My Wittgensteinian (...) view of identity tries to establish two main theses: first, that identity is bound up with difference and presupposes heterogeneity; and second, that the solidarity of identity groups, far from being obstructed by differences, actually requires diversity. Drawing from gender and sexuality studies, I use the mechanism of disidentification to show how there can be shared identities and identity-based solidarity without the erasure of differences. Key Words: community • difference • ethnicity • familial view • gender • identity • race • sexuality • solidarity • Wittgenstein. (shrink)
This article discusses the [development and] use of a video life-world schema to explore alternative orientations to the shared health consultation. It is anticipated that this schema can be used by practitioners and consumers alike to understand the dynamics of videoed health consultations, the role of the participants within it and the potential to consciously alter the outcome by altering behaviour during the process of interaction. The study examines health consultation participation and develops an interpretative method of analysis that includes (...) image elicitation, phenomenology, narrative and a reflexive mode. The analytic framework is derived from a life-world conception of human mutual shared interaction which is presented here as a novel approach to understanding patient-centred care. The video materials used in this study were derived from consultations in a Walk-in Centre in East London. The conceptual framework produced through the process of video analysis is comprised of different combinations of movement, knowledge and emotional conversations that are used to classify objective or engaged WiC health care interactions. The videoed interactions organise along an active or passive, facilitative or directive typical situation continuum illustrating different kinds of textual approaches to practice that are in tension or harmony. The schema demonstrates how practitioners and consumers interact to produce these outcomes and indicates the potential for both consumers and practitioners to be educated to develop practice dynamics that support patient-centred care and impact on health outcomes. (shrink)
While in the movies or reading a novel, how can we feel terrified by monsters, ghosts, and fictional serial killers? And how can we feel sad or outraged by depictions of cruelty? After all, we know that the imagined threats that we fear do not exist and, therefore, pose no real threat to us; and we know that the instances of cruelty that bring tears to our eyes have not happened. And yet, the fear, the sadness, or the outrage experienced (...) in our imaginations feels very real. This is the so-called paradox of "fictional emotions." This and related paradoxes have become recalcitrant problems for a purely representational approach to the imagination that tries to accommodate the imagination in a belief-desire psychology, explaining our imaginings as mental states that are similar to beliefs or desires in some ways but not others—as "quasi-beliefs" or "quasi-desires." This representational approach can be seen, for example, in Kendall Walton's influential account of the imagination as "make-believe," or in Shaun Nichols and Stephen Stich's boxological account of the imagination as a "pretend box," which is in close interaction with the suspiciously similar "belief box". (shrink)
The polemic was an important cultural event in 19th-century Cuba. From 1838 to 1840, issues of metaphysics, epistemology, ethics, pedagogy, and the influence of Victor Cousin’s eclecticism were discussed in the island’s leading newspapers. A brief historical account preceding the polemic is offered. It is argued that the predominant view of the polemic as motivated by a widespread desire for Cuba’s independence from Spain is misleading — promoting an emancipatory myth. Lastly, it is argued that José de la Luz y (...) Caballero’s appeal to patriotism during the polemic unwittingly established a dangerous precedent for self-appointed guardians of patriotism to condition public debates. (shrink)
This paper presents the hypothesis that linguistic capacity evolved through the action of natural selection as an instrument which increased the efficiency of the cultural transmission system of early hominids. We suggest that during the early stages of hominization, hominid social learning, based on indirect social learning mechanisms and true imitation, came to constitute cumulative cultural transmission based on true imitation and the approval or disapproval of the learned behaviour of offspring. A key factor for this transformation was the development (...) of a conceptual capacity for categorizing learned behaviour in value terms - positive or negative, good or bad. We believe that some hominids developed this capacity for categorizing behaviour, and such an ability allowed them to approve or disapprove of their offsprings- learned behaviour. With such an ability, hominids were favoured, as they could transmit to their offspring all their behavioural experience about what can and cannot be done. This capacity triggered a cultural transmission system similar to the human one, though pre-linguistic. We suggest that the adaptive advantage provided by this new system of social learning generated a selection pressure in favour of the development of a linguistic capacity allowing children to better understand the new kind of evaluative information received from parents. (shrink)
In this paper I argue that Foucaultian genealogy offers a critical approach to practices of remembering and forgetting which is crucial for resisting oppression and dominant ideologies. For this argument I focus on the concepts of counter-history and counter-memory that Foucault developed in the 1970’s. In the first section I analyze how the Foucaultian approach puts practices of remembering and forgetting in the context of power relations, focusing not only on what is remembered and forgotten, but how , by whom, (...) and with what effects. I highlight the critical possibilities for resistance that this approach opens up, and I illustrate them with Ladelle McWhorter’s genealogy of racism in Anglo-America. In the second section I put the Foucaultian approach in conversation with contemporary work in pragmatism and critical theory on the social epistemology of memory. In the third and final section, I explore some of the implications of the Foucaultian notion of resistance and what I term guerrilla pluralism for contemporary epistemological discussions of ignorance in standpoint theory and race theory. (shrink)
Setting the stage with a selection of readings from important nineteenth century philosophers, this reader on truth puts in conversation some of the main philosophical figures from the twentieth century in the analytic, continental, and pragmatist traditions. Focuses on the value or normativity of truth through exposing the dialogues between different schools of thought Features philosophical figures from the twentieth century in the analytic, continental, and pragmatist traditions Topics addressed include the normative relation between truth and subjectivity, consensus, art, testimony, (...) power, and critique Includes essays by Kierkegaard, Nietzsche, James, Heidegger, Merleau-Ponty, Wittgenstein, Levinas, Arendt, Foucault, Rorty, Davidson, Habermas, Derrida, and many others. (shrink)
Existe uma aparente contradição entre a negação kantiana do direito de resistência expressa na filosofia do direito e a sua apologia à Revolução Francesa abordada na história filosófica. No entanto, esta contradição se dissolve tão logo se compreende que Kant considerou que a Revolução Francesa não constitui precisamente uma revolução, uma vez que isto implicaria que o povo retornasse ao estado de natureza com relação ao soberano deposto, mas uma reforma constitucional empreendida involuntariamente pelo próprio rei Luis XVI que transferiu (...) a soberania aos representantes do povo ao convocar os Estados Gerais, os quais não tinham a obrigação de restituí-la ao soberano anterior, em lugar disso, preferiram se declarar em Assembleia Nacional e elaborar a constituição republicana, a única conforme a vontade unificada do povo. (shrink)
Using Iris Marion Young’s framework, this essay looks at racial violence as one of the many “faces” of racial oppression. In the light of this analysis I argue that the fight against racial violence requires much more than identifying the perpetrators of such violence and bringing them to justice; it requires, I argue, thick critical engagements with multiple publics and institutions and with society at large, engagements that are not only cognitive and argumentative but also affective, imaginal, and action-oriented. My (...) argument about the broad range of thick critical engagements needed in anti-racist-violence activism focuses especially on what I term epistemic activism, which refers to the critical activities of denouncing, contesting, and resisting the cognitive-affective attitudes and sensibilities that facilitate complicity with racial oppression and with racial violence. My analysis pays particular attention to the role that affectivity plays in complicity with racial violence and how affective attitudes can be used in epistemic activism to disrupt complicity and to mobilize people in the fight against racial violence. My analysis and argumentation are developed through a case study of epistemic activism: the activism against racial violence in the United States and the changes in public life and institutional recognition that activist organizations such as the National Association for the Advancement of Colored People and the Equal Justice Initiative have aimed to promote. (shrink)
This essay puts in conversation some of Seyla Benhabib’s insights about exiled, stateless and migrant populations with ongoing discussions in critical race theory about the racial exclusions of indigenous populations and populations of colour not only in the foundations of Western modern states but also in their contemporary functioning today. The essay locates these exclusions not only in the failures of states but also in their proper functioning, that is, in their very design and constitutive structures, focusing for this purpose (...) on what is described as constitutive exclusions. The essay argues that the relationship between legal agency and social and political agency needs further articulation within Benhabib’s jurisgenerative politics in order to properly address constitutive exclusions. (shrink)
I offer a hopefully compelling defense of the view of those whom I refer to as hard-core opponents of terrorism. For hard-core opponents, terrorism is categorically wrong and, therefore, morally and legally unjustified. I view terrorism as either equivalent to murder or man slaughter in domestic law, or equivalent to crimes against humanity or war crimes in international law. If my argument is compelling, at least two important results follow from it. First, that under no circumstances is terrorism justified. And (...) second, that even if my argument were to be compelling, it will not necessarily end debates about the nature, justification, or excuse of terrorism. (shrink)
_ Source: _Volume 29, Issue 1, pp 39 - 65 Since Euclid, optics has been considered a geometrical science, which Aristotle defines as a “mixed” mathematical science. Hobbes follows this tradition and clearly places optics among physical sciences. However, modern scholars point to a confusion between geometry and physics and do not seem to agree about the way Hobbes mixes both sciences. In this paper, I return to this alleged confusion and intend to emphasize the peculiarity of Hobbes’s geometrical optics. (...) This paper suggests that Hobbes’s conception of geometrical optics, as a mixed mathematical science, greatly differs from Descartes’s one, mainly because they do not share the same “mechanical conception of nature.” I will argue that Hobbes and Descartes also have in common the quest for a different kind of geometry for their optics, different from that of the Ancients. I will show that this departure is not recent since Hobbes’s approach is already evident in 1636, when he judges the demonstrations of his contemporary friends, Claude Mydorge and Walter Warner. Finally the paper broadly suggests what is noteworthy in Hobbes’s optics, that is, the importance of the idea of force in his mechanics, although he was not able to conceptualize it in other terms than “quickness.”. (shrink)
This paper is a critical examination of Wittgenstein's view of the limits of intelligibility. In it I criticize standard analytic readings of Wittgenstein as an advocate of transcendental or behaviourist theses in epistemology; and I propose an alternative interpretation of Wittgenstein's view as a social contextualism that transcends the false dichotomy between Kantianism and psychologism. I argue that this social contextualism is strikingly similar to the social account of epistemic practices developed by Pierre Bourdieu. Through a comparison between Wittgenstein's and (...) Bourdieu's view and an analysis of the notion of habitus , I try to show how social contextualism can account for the distinction between sense and nonsense without falling into transcendental constructivism or social behaviourism. (shrink)
Los diversos intentos por conceptualizar el principio de precaución de manera general se construyen a partir de las respuestas que han encontrado los ordenamientos jurídicos, tanto estatales como de carácter internacional, para hacer frente a la incertidumbre que provoca la generación de los riesgos provenientes del desarrollo, especialmente frente a las nuevas tecnologías. De esta forma, se pueden encontrar importantes lecciones en la historia respecto al cómo afrontar situaciones que dañan, principalmente, al medioambiente, la salud humana, animal o vegetal; por (...) lo cual es importante conocer como éstos se han ido enfrentando y fueron dando forma a este principio en la práctica, el cual tiene una importancia fundamental al convertirse en una garantía frente al progreso de las ciencias, para que no sea más caro el “prevenir que curar”. (shrink)
Vitoria and Suárez defend the categorical immunity of the innocent not to be intentionally killed. But they allow for inflicting collective punishment on the innocent and the noninnocent alike during and after a just war. So they allow for deliberately harming them. Inflicting harm on the innocent can often result in their death. Hence, holding both claims seems incoherent. First, the objections against using the term “innocent” are explained. Second, their views on just war are explored. And third, by appealing (...) to Aquinas' double-effect reasoning, it is shown how they try to avoid the above-mentioned incoherence. Still, their appeal might be insufficient to palliate the tension between the above-mentioned claims. If just wars are possible, the deliberate harming of the innocent is reasonably unavoidable for defeating and punishing those who wage them. Hence, defenders of just wars, whether from a religious or a secular perspective, must live with such a tension. (shrink)