As political theorists address the parochial foundations of their field, engagement with the Indigenous traditions of Turtle Island is overdue. This article argues that theorists should approach such engagement with caution. Indigenous nations’ politics of knowledge production may differ from those of de-parochializing political theorists. Some Indigenous communities, in response to violent histories of knowledge extraction, have developed practices of refusal. The contemporary movement of resurgence engages Indigenous traditions of political thought toward the end of promoting Indigenous intellectual and political (...) sovereignty and self-determination. These practices demonstrate a commitment to epistemic justice that is imperfectly aligned with, and potentially opposed to, inclusion-oriented projects like comparative political theory. If political theorists are to de-parochialize political theory by incorporating Indigenous traditions, they must do so in ways that are respectful of Indigenous peoples’ own struggles for epistemic justice. This can be achieved by drawing on and deepening practices of reflexivity exhibited in leading comparative political theory scholarship, and by allowing Indigenous treaty relationships to set the terms of the encounter. (shrink)
In this chapter I seek to rehabilitate and elaborate the so-called “mischief rule” of English law. I begin by interrogating two views of legal and constitutional interpretation which make symmetrical mistakes about legal interpretation: Larry Alexander and Emily Sherwin’s view in Demystifying Legal Reasoning and Jack Balkin’s in Living Originalism. Against these views I argue that the appropriate interpretation of laws is guided by the “mischief” the legislators were trying to remedy when they created the law and by what (...) the legislators and the subjects of the law understand when laws are created or changed. (shrink)
This essay criticizes the proposal recently defended by a number of prominent economists that welfare economics be redirected away from the satisfaction of people's preferences and toward making people happy instead. Although information about happiness may sometimes be of use, the notion of happiness is sufficiently ambiguous and the objections to identifying welfare with happiness are sufficiently serious that welfare economists are better off using preference satisfaction as a measure of welfare. The essay also examines and criticizes the position associated (...) with Daniel Kahneman and a number of co-authors that takes welfare to be ‘objective happiness’ – that is, the sum of momentary pleasures. (shrink)
The tenuous claims of cost-benefit analysis to guide policy so as to promote welfare turn on measuring welfare by preference satisfaction and taking willingness-to-pay to indicate preferences. Yet it is obvious that people's preferences are not always self-interested and that false beliefs may lead people to prefer what is worse for them even when people are self-interested. So welfare is not preference satisfaction, and hence it appears that cost-benefit analysis and welfare economics in general rely on a mistaken theory of (...) well-being. This essay explores the difficulties, criticizes standard defences of welfare economics, and then offers a new partial defence that maintains that welfare economics is independent of any philosophical theory of well-being. Welfare economics requires nothing more than an evidential connection between preference and welfare: in circumstances in which people are concerned with their own interests and reasonably good judges of what will serve their interests, their preferences will be reliable indicators of what is good for them. (shrink)
This essay attempts to distinguish the pressing issues for economists and economic methodologists concerning realism in economics from those issues that are of comparatively slight importance. In particular I shall argue that issues concerning the goals of science are of considerable interest in economics, unlike issues concerning the evidence for claims about unobservables, which have comparatively little relevance. In making this argument, this essay raises doubts about the two programs in contemporary economic methodology that raise the banner of realism. In (...) particular I argue that the banner makes it more difficult to relate the concerns of those who wave it to those of other methodologists. Although this essay argues that many of the debates in this century between scientific realists and their opponents are not relevant to economics, it does not attack scientific realism, and it does not urge economists or economic methodologists to reject it. (shrink)
In the international bestseller, Thinking, Fast and Slow, Daniel Kahneman, the renowned psychologist and winner of the Nobel Prize in Economics, takes us on a groundbreaking tour of the mind and explains the two systems that drive the way we think. System 1 is fast, intuitive, and emotional; System 2 is slower, more deliberative, and more logical. The impact of overconfidence on corporate strategies, the difficulties of predicting what will make us happy in the future, the profound effect of (...) cognitive biases on everything from playing the stock market to planning our next vacation—each of these can be understood only by knowing how the two systems shape our judgments and decisions. -/- Engaging the reader in a lively conversation about how we think, Kahneman reveals where we can and cannot trust our intuitions and how we can tap into the benefits of slow thinking. He offers practical and enlightening insights into how choices are made in both our business and our personal lives—and how we can use different techniques to guard against the mental glitches that often get us into trouble. Winner of the National Academy of Sciences Best Book Award and the Los Angeles Times Book Prize and selected by The New York Times Book Review as one of the ten best books of 2011, Thinking, Fast and Slow is destined to be a classic. (shrink)
Many libertarians believe that self-ownership is a separate matter from ownership of extra-personal property. “No-proviso” libertarians hold that property ownership should be free of any “fair share” constraints, on the grounds that the inability of the very poor to control property leaves their self-ownership intact. By contrast, left-libertarians hold that while no one need compensate others for owning himself, still property owners must compensate others for owning extra-personal property. What would a “self” have to be for these claims to be (...) true? I argue that both of these camps must conceive of the boundaries of the self as including one's body but no part of the extra-personal world. However, other libertarians draw those boundaries differently, so that self-ownership cannot be separated from the right to control extra-personal property after all. In that case, property ownership must be subject to a fair share constraint, but that constraint does not require appropriators to pay compensation. This view, which I call “right libertarianism,” differs importantly from the other types primarily in its conception of the self, which I argue is independently more plausible. (shrink)
The psychological condition of happiness is normally considered a paradigm subjective good, and is closely associated with subjectivist accounts of well-being. This article argues that the value of happiness is best accounted for by a non-subjectivist approach to welfare: a eudaimonistic account that grounds well-being in the fulfillment of our natures, specifically in self-fulfillment. And self-fulfillment consists partly in authentic happiness. A major reason for this is that happiness, conceived in terms of emotional state, bears a special relationship to the (...) self. These arguments also point to a more sentimentalist approach to well-being than one finds in most contemporary accounts, particularly among Aristotelian forms of eudaimonism. (shrink)
It is extraordinary, when one thinks about it, how little attention has been paid by theorists of the nature and justification of punishment to the idea that punishment is essentially a matter of self-defense. H. L. A. Hart, for example, in his famous “Prolegomenon to the Principles of Punishment,” is clearly committed to the view that, at bottom, there are just three directions in which a plausible theory of punishment can go: we can try to justify punishment on purely consequentialist (...) grounds, which for Hart, I think, would be to try to construct a purely utilitarian justification of punishment; we can try to justify punishment on purely retributive grounds; or we can try to justify punishment on grounds that are some sort of shrewd combination of consequentialist and retributive considerations. Entirely absent from Hart's discussion is any consideration of the possibility that punishment might be neither a matter of maximizing the good, nor of exacting retribution for a wrongful act, nor of some imaginative combination of these things, but, rather, of something altogether different from either of them: namely, the exercise of a fundamental right of self-protection. Similarly, but much more recently, R. A. Duff, despite the fact that he himself introduces and defends an extremely interesting fourth possibility, begins his discussion by writing as though, apart from his contribution, there are available to us essentially just the options previously sketched by Hart. Again, there is no mention here, any more than in Hart's or any number of other recent discussions, of the possibility that we might be able to justify the institution of punishment on grounds that are indeed forward-looking, to use Hart's famous term, but that are not at all consequentialist in any ordinary sense of the word. (shrink)
In this book, Daniel Hutto and Erik Myin promote the cause of a radically enactive, embodied approach to cognition that holds that some kinds of minds -- basic minds -- are neither best explained by processes involving the manipulation of ...
In ordinary circumstances, human actions have a myriad of unintended and often unforeseen consequences for the lives of other people. Problems of pollution are serious examples, but spillovers and side effects are the rule, not the exception. Who knows what consequences this essay may have? This essay is concerned with the problems of justice created by spillovers. After characterizing such spillovers more precisely and relating the concept to the economist's notion of an externality, I shall then consider the moral conclusions (...) concerning spillovers that issue from a natural rights perspective and from the perspective of welfare economics supplemented with theories of distributive justice. I shall argue that these perspectives go badly awry in taking spillovers to be the exception rather than the rule in human interactions. I. Externalities Economists have discussed spillovers under the heading of “externalities.” To say this is not very helpful, since there is so much disagreement concerning both the definition and significance of externalities. (shrink)
By embodying the hopes of a set of qualitative liberals who believed that postwar economic abundance opened up opportunities for self-development, David Riesman's bestselling The Lonely Crowd influenced the New Left. Yet Riesman's assessment of radical youth protest shifted over the course of the 1960s. As an antinuclear activist he worked closely with New Left leaders during the early 1960s. By the end of the decade, he became a sharp critic of radical protest. However, other leading members of Riesman's circle, (...) such as Kenneth Keniston, author of the influential Young Radicals, applied Riesman's ideas to create more sympathetic understandings of the New Left. Examining reactions to the New Left by Riesman and his associates allows historians to go beyond the common understanding of the key ideological divisions of the 1960s as existing between liberalism and radicalism or between liberalism and conservatism to better appreciate the significance of splits among liberals themselves. (shrink)
An extended argument that cognitive phenomena—perceiving, imagining, remembering—can be best explained in terms of an interface between contentless and content-involving forms of cognition. -/- Evolving Enactivism argues that cognitive phenomena—perceiving, imagining, remembering—can be best explained in terms of an interface between contentless and content-involving forms of cognition. Building on their earlier book Radicalizing Enactivism, which proposes that there can be forms of cognition without content, Daniel Hutto and Erik Myin demonstrate the unique explanatory advantages of recognizing that only some (...) forms of cognition have content while others—the most elementary ones—do not. They offer an account of the mind in duplex terms, proposing a complex vision of mentality in which these basic contentless forms of cognition interact with content-involving ones. -/- Hutto and Myin argue that the most basic forms of cognition do not, contrary to a currently popular account of cognition, involve picking up and processing information that is then used, reused, stored, and represented in the brain. Rather, basic cognition is contentless—fundamentally interactive, dynamic, and relational. In advancing the case for a radically enactive account of cognition, Hutto and Myin propose crucial adjustments to our concept of cognition and offer theoretical support for their revolutionary rethinking, emphasizing its capacity to explain basic minds in naturalistic terms. They demonstrate the explanatory power of the duplex vision of cognition, showing how it offers powerful means for understanding quintessential cognitive phenomena without introducing scientifically intractable mysteries into the mix. (shrink)
There is significant evidence that the health needs of women and minorities have been neglected by a medical research community whose agendas and protocols tend to focus on more advantaged segments of society. In response, the National Institutes of Health and Food and Drug Administration in the United States have recently issued new policies aimed at increasing the utilization of women in clinical studies. As well, the U.S. Congress passed the NIH Revitalization Act of 1993, which specifically mandates increased inclusion (...) of women and racial and ethnic groups in clinical studies. On the face of it, such gender and race-specific policies would appear to be morally problematic because traditionally ethics opposes the use of sex or race as legitimate criteria for distributions of benefits or burdens in social policies. Hence, these policies pose some significant moral questions. Feminist ethics provides us with a framework for evaluating such policies because of its readiness to recognize that socially and politically significant factors such as sex and race are morally relevant in setting public policy. Of course, feminist ethics does not simply endorse all appeals to sex and race but only the policies in which attention to such factors will contribute to social justice. In this essay, I Identify some of the Important ethical questions that a feminist ethics perspective raises about research policies devised to promote the Inclusion of women in clinical studies. (shrink)
In the Groundwork of the Metaphysic of Morals' Kant is explicit, sometimes to the point of peevishness, in denying anthropology and psychology any part or place in his moral science. Recognizing that this will strike many as counterintuitive he is unrepentant: ‘We require no skill to make ourselves intelligible to the multitude once we renounce all profundity of thought’. That the doctrine to be defended is not exemplified in daily experience or even in imaginable encounters is necessitated by the very (...) nature of morality which cannot be served worse ‘… than by seeking to derive it from examples’. Thus, the project of the moral philosopher begins with the recognition that the moral realm is not mapped by anthropological data and does not get its content therefrom. Rather, moral philosophy must be ‘completely cleansed’ of everything that is appropriate to anthropology. (shrink)
Liberalism is a wonderful theory, but its adherents have a difficult time explaining why. In his Tanner Lecture entitled Foundations of Liberal Equality, Ronald Dworkin proposes to defend liberalism in a new way. Dworkin is not content to view liberalism as a political compromise in which people set aside their personal convictions in the interest of social peace. Instead, he undertakes to make liberal political theory “continuous” with personal ethics, by describing an ethical position that endorses liberalism as a matter (...) of conviction. (shrink)
In this book Daniel Wegner offers a novel understanding of the relation of consciousness, the will, and our intentional and voluntary actions. Wegner claims that our experience and common sense view according to which we can influence our behavior roughly the way we experience that we do it is an illusion.
One of the central questions of material-object metaphysics is which highly visible objects there are right before our eyes. Daniel Z. Korman defends a conservative view, according to which our ordinary, natural judgments about which objects there are are more or less correct. He begins with an overview of the arguments that have led people away from the conservative view, into revisionary views according to which there are far more objects than we ordinarily take there to be or far (...) fewer. Korman criticizes a variety of compatibilist strategies, according to which these revisionary views are actually compatible with our ordinary beliefs. He goes on to respond to debunking arguments; objections that the conservative's verdicts about which objects that are and aren't are objectionably arbitrary; the argument from vagueness; the overdetermination argument; the argument from material constitution; and the problem of the many. (shrink)
Sex selection technologies have become increasingly prevalent and accessible. We can find them advertised widely across the Internet and discussed in the popular media—an entry for “sex selection services” on Google generated 859,000 sites in April 2004. The available services fall into three main types: preconception sperm sorting followed either by intrauterine insemination of selected sperm or by in vitro fertilization ; preimplantation genetic diagnosis, by which embryos created by IVF are tested and only those of the desired sex are (...) transferred to the woman's uterus; and prenatal testing of fetuses through ultrasound or chromosomal analysis, followed by selective abortion of fetuses detected to be of the undesired sex. (shrink)
Established wisdom in cognitive science holds that the everyday folk psychological abilities of humans -- our capacity to understand intentional actions performed for reasons -- are inherited from our evolutionary forebears. In _Folk Psychological Narratives_, Daniel Hutto challenges this view and argues for the sociocultural basis of this familiar ability. He makes a detailed case for the idea that the way we make sense of intentional actions essentially involves the construction of narratives about particular persons. Moreover he argues that (...) children acquire this practical skill only by being exposed to and engaging in a distinctive kind of narrative practice. Hutto calls this developmental proposal the narrative practice hypothesis. Its core claim is that direct encounters with stories about persons who act for reasons supply children with both the basic structure of folk psychology and the norm-governed possibilities for wielding it in practice. In making a strong case for the as yet underexamined idea that our understanding of reasons may be socioculturally grounded, Hutto not only advances and explicates the claims of the NPH, but he also challenges certain widely held assumptions. In this way, _Folk Psychological Narratives_ both clears conceptual space around the dominant approaches for an alternative and offers a groundbreaking proposal. (shrink)
Physicalism, the thesis that everything is physical, is one of the most controversial problems in philosophy. Its adherents argue that there is no more important doctrine in philosophy, whilst its opponents claim that its role is greatly exaggerated. In this superb introduction to the problem Daniel Stoljar focuses on three fundamental questions: the interpretation, truth and philosophical significance of physicalism. In answering these questions he covers the following key topics: -/- (i)A brief history of physicalism and its definitions, (ii)what (...) a physical property is and how physicalism meets challenges from empirical sciences, (iii)'Hempel’s dilemma’ and the relationship between physicalism and physics, (iv)physicalism and key debates in metaphysics and philosophy of mind, such as supervenience, identity and conceivability, and (v)physicalism and causality. -/- Additional features include chapter summaries, annotated further reading and a glossary of technical terms, making Physicalism ideal for those coming to the problem for the first time. (shrink)
People can be disgusted by the concrete and by the abstract -- by an object they find physically repellent or by an ideology or value system they find morally abhorrent. Different things will disgust different people, depending on individual sensibilities or cultural backgrounds. In _Yuck!_, Daniel Kelly investigates the character and evolution of disgust, with an emphasis on understanding the role this emotion has come to play in our social and moral lives. Disgust has recently been riding a swell (...) of scholarly attention, especially from those in the cognitive sciences and those in the humanities in the midst of the "affective turn." Kelly proposes a cognitive model that can accommodate what we now know about disgust. He offers a new account of the evolution of disgust that builds on the model and argues that expressions of disgust are part of a sophisticated but largely automatic signaling system that humans use to transmit information about what to avoid in the local environment. He shows that many of the puzzling features of moral repugnance tinged with disgust are by-products of the imperfect fit between a cognitive system that evolved to protect against poisons and parasites and the social and moral issues on which it has been brought to bear. Kelly's account of this emotion provides a powerful argument against invoking disgust in the service of moral justification. (shrink)
I discuss the characters Don Quixote and Sancho Panza and their relationship in order to understand better the place of idealistictheory and realistic practice in business ethics. The realism of Sancho Panza is required to make the idealism of Don Quixote effective.Indeed, the interaction and development of these characters can serve as a model for both the effective communication between andblending of the idealistic moral theoretician and the practical businessperson. Specifically, I argue that a quixotified Sancho Panza,as a combination of (...) theoretical idealism and practical realism, is necessary for managerial statesmanship. I first consider the positionthat this concept is unrealistic. In the final section, however, I show that a number of leadership and business theorists believe thatmanagerial statesmanship requires a quixotified Sancho Panza. I also consider the question, what helps to make a quixotic vision forbusiness ethical, and what is its content? (shrink)
We defend Uniqueness, the claim that given a body of total evidence, there is a uniquely rational doxastic state that it is rational for one to be in. Epistemic rationality doesn't give you any leeway in forming your beliefs. To this end, we bring in two metaepistemological pictures about the roles played by rational evaluations. Rational evaluative terms serve to guide our practices of deference to the opinions of others, and also to help us formulate contingency plans about what to (...) believe in various situations. We argue that Uniqueness vindicates these two roles for rational evaluations, while Permissivism clashes with them. (shrink)
Rose and Schaffer (forthcoming) argue that teleological thinking has a substantial influence on folk intuitions about composition. They take this to show (i) that we should not rely on folk intuitions about composition and (ii) that we therefore should not reject theories of composition on the basis of intuitions about composition. We cast doubt on the teleological interpretation of folk judgments about composition; we show how their debunking argument can be resisted, even on the assumption that folk intuitions have a (...) teleological source; and we argue that, even if folk intuitions about composition carry no weight, theories of composition can still be rejected on the basis of the intuitions of metaphysicians. (shrink)
When we think of theories that attempt to root capitalism in nature, the one that comes most readily to mind is Social Darwinism. In this theory, nature - driven by Darwinian natural selection (the struggle for existence and the survival of the fittest) - is interpreted to imply, when applied to human activities, that extreme competition will allow the most "fit" competitors to rise to the top and to survive in this "struggle for existence," and this process of dog-eat-dog competition (...) leads to both material and social progress. Not only has this theory been shown to be seriously flawed, the putative social implications of Darwinian natural selection do not accord with the findings of contemporary neoDarwinists who maintain, for example, that the behavior of monkeys and apes reveals a blend of competition and cooperation and, generally, a close connection to human moral behavior. Adam Smith provides a more helpful view of the connection between nature and capitalism. He maintains that nature's wisdom, as seen in its harmony and balance, is displayed in economics and human nature. Competitive free enterprise, as a vehicle for exchange, functions within a cooperative context and exhibits virtues and values such as mutual help and benefit, trust, harmony, and friendship. I shall show that neoDarwinists agree with Smith's view that nature supports a connection between competition and cooperation, and they maintain that moral activity, rather than destructive dog-eat-dog competition, is necessary to achieve the goals of natural selection. (shrink)
In Lukács: Praxis and the Absolute, Daniel Andrés López reassembles Lukács’s philosophy of praxis on a Hegelian basis, as a conceptual-historical totality, both defending him and proposing an unprecedented, immanent critique that raises problems for Marxian philosophy as a whole.
Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.