This paper is written from a perspective that is sympathetic to the basic idea of the capability approach. Our aim is to compare Martha Nussbaum’s capability theory of justice with Alan Gewirth’s moral theory, on two points: the selection and the justification of a list of central capabilities. On both counts, we contend that Nussbaum’s theory suffers from flaws that Gewirth’s theory may help to remedy. First, we argue that her notion of a (dignified) human life cannot fulfill (...) the role of a normative criterion that Nussbaum wants it to play in selecting capabilities for her list. Second, we question whether Nussbaum’s method of justification is adequate, discussing both her earlier self-validating argumentative strategy and her more recent adherence to the device of an overlapping consensus. We conclude that both strategies fail to provide the capabilities theory with the firm foundation it requires. Next, we turn to Gewirth’s normative theory and discuss how it can repair these flaws. We show how his theory starts from a fundamental moral principle according to which all agents have rights to the protection of the necessary preconditions of their agency. Gewirth’s justification of this principle is then presented, using a version of a transcendental argument. Finally, we explicitly compare Nussbaum and Gewirth and briefly demonstrate what it would mean for Nussbaum to incorporate Gewirthian elements into her capabilities theory of justice. (shrink)

Both the capability and the recognition approach are influential and substantial theories in social philosophy. In this contribution, we outline their main assumptions in their assessment of poverty. The two approaches are set in relation to each other, focusing mainly on (a) their moral evaluation of poverty, (b) issues of justification of their central normative claims, and (c) the role that is attributed to subjective experiences, feelings and emotions in these theories. This comparison reveals that in spite of significant (...) differences, both lead to the claim that poverty can never be adequately assessed without putting it into the context of a comprehensive ethical theory about the nature and function of societies. Drawing on this result, we conclude that the critical function of social philosophy plays an irreducible role in the study and understanding of poverty. (shrink)

The objective of the paper is to justify the claim for animals‟ rights. For years, it is one of the most debated questions in the field of applied ethics whether animals‟ have rights or not. There are a number of philosophers who hold that animals are neither moral agent nor rational being and hence animals have no rights because the concept of rights is applicable only to the rational beings. On the other hand the proponents of animals‟ rights contend that (...) the standard for having rights is not active rationality but sentience and animals have sentience as they feel pain. So they are also subject to have rights. The main questions to be justified in this essay are, what is it to say that animals have rights? Can animals have any rights at all, if yes, how far? Is it the moral obligation of the human being to ensure animals rights? Considering the questions, in this essay, it will be shown that animals have limited rights and not all animals are subject to having the same rights. It depends on the proportion of their having capacity and capability for the same. It will be tried to make a consensus between the two groups by the way that there are some aspects where we are to acknowledge the rights of animal. It will be shown that not all animals are subject to equal rights. (shrink)

The present PhD thesis is concerned with the question whether good reasoning requires that the subject has some cognitive grip on the relation between premises and conclusion. One consideration in favor of such a requirement goes as follows: In order for my belief-formation to be an instance of reasoning, and not merely a causally related sequence of beliefs, the process must be guided by my endorsement of a rule of reasoning. Therefore I must have justified beliefs about the relation between (...) my premises and my conclusion. -/- The rationality of a belief often depends on whether it is rightly connected to other beliefs, or more generally to other mental states —the states capable of providing a reason to holding the belief in question. For instance, some rational beliefs are connected to other beliefs by being inferred from them. It is often accepted that the connection implies that the subject in some sense ‘takes the mental states in question to be reason-providing’. But views on how exactly this is to be understood differ widely. They range from interpretations according to which ‘taking a mental state to be reason-providing’ imposes a mere causal sustaining relation between belief and reason-providing state to interpretations according to which one ‘takes a mental state to be reason-providing’ only if one believes that the state is reason-providing. The most common worry about the latter view is that it faces a vicious regress. In this thesis a different but in some respects similar interpretation of ‘taking something as reason-providing’ is given. It is argued to consist of a disposition to react in certain ways to information that challenges the reason-providing capacity of the allegedly reason-providing state. For instance, that one has inferred A from B partly consists in being disposed to suspend judgment about A if one obtains a reason to believe that B does not render A probable. The account is defended against regress-objections and the suspicion of explanatory circularity. (shrink)

Much of the most influential free speech scholarship emphasises that ‘political speech’ warrants the very highest standards of protection because of its centrality to self-governance. This central idea mitigates against efforts to justify the regulation of political speech and renders some egregiously offensive or harmful speech worthy of protection from a theoretical perspective. Yet paradoxically, in practice, in many liberal democracies such speech is routinely restricted. In this paper, I develop an argument that is compatible with both the argument from (...) democracy and the notion of political speech, and that can justify the regulation of hate speech, by joining an understanding of the constitutive role of speech in individuals’ lives derived from Nussbaum's capabilities theory with ideas of democratic deliberation and legitimation drawn from a Habermasian framework. This approach attends to the conditions required at an individual level for democratic legitimation to occur at a social level. It permits the development of a robust theoretical justification for the protection of a broad range of speech. It simultaneously provides a guiding framework for regulatory policy designed to ameliorate the effects of, and inhibit the expression of, that speech, which could imperil the conditions required for individuals to develop their own capabilities and which instantiates anti-democratic practice, and thus discourse, preventing the very communications required to perform democracy from being uttered. Thus, my argument also strengthens and transforms the argument from democracy as a justification for free speech protection more generally. (shrink)

Should facts about motivation play a role in the justification of political ideals? Many theorists argue that political ideals should be tailored to the limitations of human nature—‘taking people as they are’—while others maintain that facts about motivation should be excluded. This article offers a critical intervention in this debate: the important question is not so much whether people can motivate themselves, or whether they are capable of being motivated, but what social mechanisms would be required to motivate them, (...) and whether these mechanisms are legitimate. Reframing the question of motivation as a political question of legitimacy, I argue that if people could only be motivated to act through illegitimate use of power, the ideal in question cannot be fully justified. (shrink)

The Human Condition is neither a well-defined nor well-described concept—nevertheless, it is generally agreed that human sexuality is a fundamental and constituent part of it. For most able-bodied persons, accessing and expressing one's sexuality is a (relatively) trouble-free process. However, many disabled persons experience difficulty in accessing their sexuality, while others experience such significant barriers that they are often precluded from sexual citizenship altogether. Recognising the barriers to the sexual citizenship of disabled persons, the concept of a Welfare-Funded Sex Doula (...) Program has been advanced — a program specifically aimed at meeting the various (and often complex) sexual needs of disabled people. Below we show how that program can be justified within at least two different moral frameworks, the capabilities approach and liberal utilitarianism, and consider and repudiate arguments against it. (shrink)

Rainer Forst develops a critical theory capable of deciphering the deficits and potentials inherent in contemporary political reality. This calls for a perspective which is immanent to social and political practices and at the same time transcends them. Forst regards society as a whole as an ‘order of justification’ comprising complexes of different norms referring to institutions and corresponding practices of justification. The task of a ‘critique of relations of justification’, therefore, is to analyse such legitimations with (...) regard to their validity and genesis and to explore the social and political asymmetries leading to inequalities in the ‘justification power’ which enables persons or groups to contest given justifications and to create new ones. Starting from the concept of justification as a basic social practice, Forst develops a theory of political and social justice, human rights and democracy, as well as of power and of critique itself. In so doing, he engages in a critique of a number of contemporary approaches in political philosophy and critical theory. Finally, he also addresses the question of the utopian horizon of social criticism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Egalitarian Liberalism Revisited: On the Meaning and Justification of Social Justice by Per SundmanBharat RanganathanEgalitarian Liberalism Revisited: On the Meaning and Justification of Social Justice Per Sundman uppsala, sweden: uppsala universitet, 2016. 242 pp. $72.50Across a range of contemporary disciplines, discussions about justice abound. Despite the prevalence of these discussions, however, there is little consensus about what justice is and whether (and, if so, how) appeals (...) to it should be made. Moreover, if the interconnectedness and pluralism that obtain in our rapidly globalizing world are taken seriously, concerns about the content, meaning, and use of justice are amplified. Against this backdrop, Per Sundman aims to explicate and evaluate one particular form of justice: egalitarian liberalism. On his definition, egalitarian liberalism is "best understood as a triune conjunction of equality of opportunity, desert and self-ownership" (10). Over the course of eight substantive chapters, Sundman labors to show how these criteria both reinforce and don't contradict each other, aiming to clarify the meaning of social justice while considering known alternatives.To develop this argument, Sundman covers a truly impressive range of topics in contemporary debates about justice, including consequentialism and deontology, equality of opportunity and equality of resources, capabilities and rights, corrective and distributive policies, the natural and social lotteries, status in moral and political communities, and the politics of recognition and misrecognition. On the whole, covering such a range of topics proves to be a strength. Sundman introduces the reader to a number of important topics and how several important thinkers have treated those topics, and his discussion of these topics and thinkers is evenhanded and insightful. If you're familiar with (and interested in) one or more of these debates, you will be delighted to find a theological ethicist engaging in them. There's also a further reason for delight: Sundman enters and engages in these debates without bringing the all-too-frequent (and oftentimes empty) charge that liberalism is "impoverished"—a point to which I'll return. But depending on your level of familiarity with recent debates in moral and political philosophy, you may be left unsatisfied with some aspects of Sundman's discussion. Specifically, some of these topics and thinkers deserve further attention and scrutiny than Sundman provides, especially important given Sundman's stated desire to navigate alternative understandings. [End Page 189]I do want to draw the reader's attention to the penultimate chapter of Sundman's book, "Save Us from Liberalism." But first I want to make a larger point. I mentioned what I think is an all-too-frequent charge made in theological ethics: namely, that liberalism is impoverished. Sometimes, this charge is entirely warranted. But oftentimes, at least in my experience, it is empty: the person bringing the charge neither distinguishes among the diversity that obtains within liberalism nor charitably reads and represents the thinker with whom they are trying to engage. Given this disciplinary shortcoming, Sundman is to be commended for turning to Christian critiques of liberalism only after he's carefully worked (and guided the reader) through the myriad topics and thinkers that constitute egalitarian liberalism writ large.So what about this chapter in particular? Focusing on Christian communitarians—for example, Stanley Hauerwas and John Milbank—Sundman explores whether authentic Christian ethics contradicts and is superior to egalitarian liberalism. In the first half of the chapter, he examines the different ways in which Christian communitarians understand obedience to God's commands and have criticized the putative liberal obsession with "autonomy." Following an important discussion where he contrasts Christian and liberal understandings of the circumstances of justice, the second half of Sundman's chapter argues briefly but persuasively against Christian exclusivity (e.g., the recently popular Benedict Option) and for Christians to act out of love, for justice, and in the world.There is much to recommend about this book. Both substantively and structurally, it is admirable and instructive.Bharat RanganathanUniversity of Notre DameCopyright © 2018 Society of Christian Ethics... (shrink)

One of the most ambitious and sophisticated recent approaches to provide a theory of global health justice is Sridhar Venkatapuram's recent work. In this commentary, we first outline the core idea of Venkatapuram's approach to global health justice. We then argue that one of the most important elements of the account, Venkatapuram's basis of global health duties, is either too weak or assumed implicitly without a robust justification. The more explicit grounding of the duty to protect and promote health (...) capabilities is based on Martha Nussbaum's version of the capability approach. We argue that this foundation gives rise to humanitarian duties rather than duties of justice proper. Venkatapuram's second argument from the social determinants of health thesis is instead a stronger candidate for grounding duties of justice. However, as a justificatory argument, it is only alluded to and has not yet been spelled out sufficiently. We offer plausible justificatory steps to fill this gap and draw some implications for global health action. We believe this both strengthens Venkatapuram's approach and serves to broaden the basis for future action in the area of global health. (shrink)

Can a hearer be rationally justified to have beliefs based on testimony alone when the source of his information is known to have conflicting epistemic goals? When it comes to belief justification, existing theories either recommend avoiding epistemic conflicts of interest or ignoring them. This is an important epistemological limitation. A theory that comes in degrees, capable of explaining what beliefs we are justified to hold and why, despite epistemic conflict of interest, is still lacking. Building on a game-theoretical (...) approach, I suggest such a theory and argue that the hearer can justify some beliefs on testimony alone. This justification relies on an equilibrium concept, which is only reached in the long run. In addition, the hearer’s justified beliefs will always be less accurate than those held by the original source. For instance, assume the speaker is a climate scientist who has good reasons to believe that a 2∘\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$^{\circ }$$\end{document}C increase in temperature will lower the current global GDP by 10 percentage points. Under epistemic conflict of interest, a hearer will typically be justified to a belief close to that value, but not equal to it. The smaller the epistemic conflict of interest, the closer, on average, the hearer’s and speaker’s belief. These results highlight the importance of scientific norms which, in practice, are the embodiment of these equilibrium mechanisms and thus of scientific credibility. (shrink)

This article examines Machiavelli’s image of humanity. It argues against the prevailing views that characterize it either as pessimistic or optimistic and defends the thesis that the Florentine has a realist image of humanity. Machiavelli is a psychological egoist who conceives of man as a being whose actions are motivated by his drives, appetites, and passions, which lead him often to immoral behavior. Man’s main drives are “ambition” (ambizione) and “avarice” (avarizia). This article also investigates Machiavelli’s concept of nature and (...) shows that, for him, the constancy of human nature is the central premise that makes the scientific analysis of politics possible. Despite the fact that human drives and capabilities are the same at all times, good laws, military training, and religion allow man to be changed and educated toward “virtue” (virtù). To make such changes in man, however, presupposes a good legal and political order. Machiavelli justifies the state because of its capacity to reshape human nature and to improve man. The state is not only a coercive power but a moral institution. This leads to the conclusion that Machiavelli does not separate politics from morality as most scholars claim. (shrink)

This paper will begin with an explication of the central tenets of Nussbaum’s capabilities theory. The next section examines Nussbaum’s two-fold justification of capabilities; namely, the substantive good approach (or intuitionism), which serves as the primary justification, and a version of Kantian proceduralism, which provides ancillary support. The following section focuses on Jaggar’s critique of Nussbaum. Here, I will discuss three criteria of adequacy for a global ethic and their importance, why we should accept them and (...) how both of Nussbaum’s justification strategies fail to satisfy them. In the fifth section, I propose a version of discourse ethics as an alternative justification for capabilities that can satisfy the adequacy discerned from Jaggar’s critique. This account of discourse ethics reveals that intersubjective dialogue under certain conditions is more likely to provide adequate justification of capabilities, and those engaged in dialogue are also likely to develop practical reason and affiliation. So this method of justification does not merely ground the capabilities, but helps people realize them. Finally, the sixth section presents an example from the Self-Employed Women’s Association as a real-life case illustrating how this version of discourse ethics can be manifested. (shrink)

All justified beliefs ultimately rest on attitudes that are immediately justified. This book illuminates the nature of immediate justification and the states that provide it. Simply put, immediate justification arises from how things appear to us--from all and only our "seemings." The author defends each aspect of this "seemings foundationalism," including the assumption of foundationalism itself. Most notably, the author draws from common sense philosopher Thomas Reid to present new and improved arguments for phenomenal conservatism and gives the (...) first systematic argument that seemings alone are capable of immediately justifying. The discussion also delves deeply into the nature of seemings and how it is that their assertive phenomenal character makes them (and them alone) capable of immediately justifying. Along the way, the author makes novel contributions to perennial debates about justification such as: internalism versus externalism, deontologism and epistemic blame, epistemic circularity, and the common sense response to skepticism. Seemings and the Foundations of Justification will appeal to scholars and advanced students interested in epistemology, Thomas Reid, or the common sense tradition. (shrink)

It seems uncontroversial that perceptual experiences provide us with some “normative support” for beliefs or judgments about our surroundings. Provided that the normative force of perceptual justification is something that manifests itself in consciousness or something we commonly experience, what are its phenomenal features? To put it differently: What is it to experience the normative force of perceptual justification? In the first section I will briefly comment on the demand of a unified theory of perceptual experiences, viz. a (...) theory which is capable of integrating relevant epistemological and phenomenological aspects of perceptual experiences. In section two I will argue for a way of connecting the epistemological problem and the phenomenological problem by appealing to a compare-and-contrast strategy. Eventually, in section three, I will try to draw some lessons for our understanding of the normative force of perceptual justification. (shrink)

This paper proposes a novel method for identifying the public evaluative standards that contribute to the classification of certain conditions as mental disabilities. Public evaluative standards could contribute to ascertaining disabilities by outlining characteristics whose presence beyond a threshold is fundamentally important for the life of a person and whose absence or reduced occurrence constitutes a disability. Additionally, they can participate in determining disabilities by delineating particularly grave difficulties, impairments, or incapacities. Our method relies on a model of public (...) class='Hi'>justification of evaluative standards that is inspired by Gerald Gaus’s theory of public reason. Thus, our approach recommends the justification of evaluative standards through sound deliberative routes from reasons accessible to all persons who participate in the process of justification and the convergence of what is justified in this way to each of them. We deem that disabilities could be caused both by problems in the internal characteristics of a person as well as by unfairness or a lack of hospitality in external circumstances. This is why the method of justification is applied to the assessment of those circumstances as well. If social or environmental circumstances cannot be justified through the convergence of reasons accessible to all persons involved in the process of justification, we have reasons to exclude the presence of a disability and ascertain the presence of inadequate external conditions. (shrink)

The capabilities approach is the theory according to which, in order to assess people's quality of life and reflect on the basic political entitlements, we should consider what people are capable of doing and being. Focusing mostly on Nussbaum's account, a number of scholars analysed the metaethical structure underlying the approach, showing her Aristotelian and Kantian sources. This article explores another aspect of Nussbaum's theory which has so far been somewhat overlooked: the role of emotions in the justification (...) and motivational support of the approach. After showing the importance Nussbaum places on compassion (and other benevolent emotions) to warrant her moral theory, I argue that – assuming her own cognitive account of compassion – her argument begs the question. I will then contend that Nussbaum's case does not have the inner tools to overcome such a circularity, trying to suggest, in conclusion, a possible way out which is consistent with it. (shrink)

Although Nussbaum’s “Capabilities Approach” clearly expresses a commitment to objectivity, this article argues that this commitment is rather ambiguous due to the conception of public reason it endorses. In particular, the CA cannot account for an objective justification of public reason, given certain characteristics of public reason. As a result, the CA jeopardizes the substantive aim it has set itself: to provide an objective justification for public choices regarding human capabilities and their specifications.

The article discusses a fundamental problem that has to be faced if the general capability approach is to be developed in the direction of a theory of justice: the selection and justification of a list of capabilities. The democratic solution to this problem (defended by Amartya Sen) is to leave the selection of capabilities to a process of democratic deliberation, while the philosophical solution (defended by Martha Nussbaum) is to establish this list of capabilities as a (...) matter of philosophical theory. The article investigates the debate between these two different positions and argues in favour of the philosophical solution. First, it distinguishes political from epistemological reasons for (not) making capability lists. Second, it shows that the democratic position must incorporate at least some philosophical theorising in general and a theory of democracy in particular. Third, the article argues that the democratic position presupposes that the philosophical position will bypass the democratic process while actually it does not. The philosophical position is actually more respectful of democracy than the democratic position. Fourth, while philosophers may exercise caution and connect their capability lists to actual democratic debates and other empirical sources, this kind of epistemological virtue ironically may heighten the chance of receiving reproaches on the political level. (shrink)

The companion piece to this article, “Situating Moral Justification,” challenges the idea that moral epistemology's mission is to establish a single, all-purpose reasoning strategy for moral justification because no reasoning practice can be expected to deliver authoritative moral conclusions in all social contexts. The present article argues that rethinking the mission of moral epistemology requires rethinking its method as well. Philosophers cannot learn which reasoning practices are suitable to use in particular contexts exclusively by exploring logical relations among (...) concepts. Instead, in order to understand which reasoning practices are capable of justifying moral claims in different types of contexts, we need to study empirically the relationships between reasoning practices and the contexts in which they are used. The article proposes that philosophers investigate case studies of real-world moral disputes in which people lack shared cultural assumptions and/or are unequal in social power. It motivates and explains the proposed case study method and illustrates the philosophical value of this method through a case study. (shrink)

Martha Nussbaum has sought to establish the significance of disability for liberal theories of justice. She proposes that human dignity can serve as the basis of an entitlement to a set of capabilities that all human beings either possess or have the potential to develop. This article considers whether the concept of human dignity will serve as the justification for basic human capabilities in accounting for the demands of justice for people with profound learning difficulties and disabilities. (...) It examines the relationship between dignity and capabilities, suggesting that Nussbaum fails to distinguish between several conceptions of human dignity, whilst also identifying one of these conceptions as coming close to meeting several of her demands. It is difficult enough, however, to show how dignity is related to just one of our basic entitlements, and even that requires more than the resources available in Nussbaum's approach. (shrink)

I characterize the deductivist ideal of justification and, following to a great extent Toulmin’s work The Uses of Argument, I try to explain why this ideal is erroneous. Then I offer an alternative model of justification capable of making our claims to knowledge about substantial matters sound and reasonable. This model of justification will be based on a conception of justification as the result of good argumentation, and on a model of argumentation which is a pragmatic (...) linguistic reconstruction of Toulmin’s model of argument. (shrink)

In this paper, I consider how a general epistemic norm of action that I have proposed in earlier work should be specified in order to govern certain types of acts: assertive speech acts. More specifically, I argue that the epistemic norm of assertion is structurally similar to the epistemic norm of action. First, I argue that the notion of warrant operative in the epistemic norm of a central type of assertion is an internalist one that I call ‘discursive justification.’ (...) This type of warrant is internalist insofar as it requires that the agent is capable of articulating reasons for her belief. The idea, roughly, is that when one asserts that p, one is supposed to be in a position to give reasons for believing that p. Bonjour’s reliable clairvoyant Norman, for example, is not in an epistemic position to make assertions regarding the president’s whereabouts—even if Norman knows the president’s whereabouts. In conclusion, I briefly consider whether a type of skeptical argument—often labeled Agrippa’s Trilemma—is motivated, at least in part, by the fact that responses to it violate the relevant epistemic norm of assertion. (shrink)

The companion piece to this article, “Situating Moral Justification,” challenges the idea that moral epistemology's mission is to establish a single, all‐purpose reasoning strategy for moral justification because no reasoning practice can be expected to deliver authoritative moral conclusions in all social contexts. The present article argues that rethinking the mission of moral epistemology requires rethinking its method as well. Philosophers cannot learn which reasoning practices are suitable to use in particular contexts exclusively by exploring logical relations among (...) concepts. Instead, in order to understand which reasoning practices are capable of justifying moral claims in different types of contexts, we need to study empirically the relationships between reasoning practices and the contexts in which they are used. The article proposes that philosophers investigate case studies of real‐world moral disputes in which people lack shared cultural assumptions and/or are unequal in social power. It motivates and explains the proposed case study method and illustrates the philosophical value of this method through a case study. (shrink)

Contrary to conventional accounts, critical knowledge of the cultural differences of Amerindian peoples was not absent in the early Conquest of the Americas. It was indeed a constitutive element of that process. The knowledge, strategies, and institutions of early Conquest relied on, and reproduced, Amerindian difference within the Spanish Empire as an essential element of that empire’s continued claims to legitimate authority. I demonstrate this through a focus on three parallel and sometimes overlapping texts: Ramón Pané’s Indian Antiquities; Peter Martyr (...) d’Anghierra’s First Decade; and the first systematic attempt to govern colonized populations in the Americas, the Laws of Burgos. Not only did each text furnish the necessary material upon which the claims to intellectual, and so civilizational, superiority that were central to the justification of empire could be sustained. What is more, they transformed Amerindian difference from an object of knowledge into a subject of governance. (shrink)

Sen’s capabilities approach offers a radical generalisation of the conventional approach to welfare economics. It has been highly influential in development and many researchers are now beginning to explore its implications for health care. This paper contributes to the emerging debate by discussing two examples of such applications: first, at the individual decision making level, namely the right to die, and second, at the social choice level. For the first application, which draws on Nussbaum’s list of capabilities, it (...) is argued that many capabilities are ambiguously or indirectly related to the right to die, but the ability to form a concept of the good life and plan one’s own life provides a direct justification for such a right. In the second application, the focus is specifically on healthcare rationing and it is argued that, although not committed to age based rationing, the capabilities approach provides a more natural justification of age related access to health care than the fair innings argument, which is often used to justify the alleged ageism inherent in quality adjusted life years maximisation. (shrink)

In this volume, leading scholars present new and original essays to address controversies raised regarding the focus, structure and justification of the capabilities approach to equality.

The original proof of the four-color theorem by Appel and Haken sparked a controversy when Tymoczko used it to argue that the justification provided by unsurveyable proofs carried out by computers cannot be a priori. It also created a lingering impression to the effect that such proofs depend heavily for their soundness on large amounts of computation-intensive custom-built software. Contra Tymoczko, we argue that the justification provided by certain computerized mathematical proofs is not fundamentally different from that provided (...) by surveyable proofs, and can be sensibly regarded as a priori. We also show that the aforementioned impression is mistaken because it fails to distinguish between proof search (the context of discovery) and proof checking (the context of justification). By using mechanized proof assistants capable of producing certificates that can be independently checked, it is possible to carry out complex proofs without the need to trust arbitrary custom-written code. We only need to trust one fixed, small, and simple piece of software: the proof checker. This is not only possible in principle, but is in fact becoming a viable methodology for performing complicated mathematical reasoning. This is evinced by a new proof of the four-color theorem that appeared in 2005, and which was developed and checked in its entirety by a mechanical proof system. (shrink)

This paper provides a critical exploration of the capability approach to human rights (CAHR) with the specific aim of developing its potential for achieving a synthesis between “humanist” or “naturalistic” and “political” or “practical” perspectives in the philosophy of human rights. Section II presents a general strategy for achieving such a synthesis. Section III provides an articulation of the key insights of CAHR (its focus on actual realizations given diverse circumstances, its pluralism of grounds, its emphasis on freedom of choice, (...) its demand for public reasoning, its context-sensitive universalism, and its broad view of obligations). These insights go some way toward the achievement of the desired synthesis. But, as explained in IV.1, in its current form CAHR faces two serious objections by the defenders of the political perspective: the Gap Between Capabilities-Interests and Rights Objection and the Disconnect From Practice Objection. Answering these criticisms requires some amendments to CAHR. Section IV.2 suggests a response to the first objection based on the introduction of a contractualist framework of justification. Sections IV.3 and IV.4 tackle the second objection by introducing a re-characterization of the cosmopolitan standard underlying the humanist perspective and by identifying the differences and relations between various dimensions of a conception of human rights and their significance for actual political practice. The paper illustrates the practical implications of CAHR, in its modified form, for the pursuit of some important rights. (shrink)

On a proceduralist account of democracy, collective decisions derive their jus- tification—at least in part—from the qualities of the process through which they have been made. To fulfill its justificatory function, this process should ensure that citizens have an equal right to political participation as a respectful response to their equal status as agents capable of self-legislation. How should democratic participation be understood if it is to offer such a procedural justification for democratic decisions? I suggest that, in order (...) to overcome the structural procedural disadvantages affecting the actual, effective opportunities that citizens who hold nonmainstream views have to exercise their right to political participation, the enhancement of such opportunities requires securing space for contestation. Against this background, I vindicate the (currently underestimated) role of conscientious objection as a form of political participation. (shrink)

Justification logics are a family of modal logics whose non-normal modalities are parametrised by a type-theoretic calculus of terms. The first justification logic was developed by Sergei Artemov to provide an explicit modal logic for arithmetical provability in which these terms were taken to pick out proofs. But, justification logics have been given various other interpretations as well. In this paper, we will rely on an interpretation in which the modality \ is read ‘S accepts \ as (...) justification for \’. Since it is often important to specify just how much confidence agents have in propositions on the basis of justifications, the logic will need to be extended if it is to provide a sufficiently general account. The primary purpose of this paper is to extend justification logic with the expressive resources to needed to do so. Thus, we will construct the justification logic with confidence ). While \ will be extremely general, capable of accommodating a wide range of interpretations, we provide motivation in terms of the notion of confidence deriving recent work by Paul and Quiggin :363–382, 2018). Under this understanding, confidence must only correspond to a partial ordering. We axiomatise \ and provide a sound and complete semantics. (shrink)

The idea that emotional experience is capable of lending immediate prima facie epistemic justification to evaluative belief has been amassing significant philosophical support in recent years. The proposal that it is my anger, say, that justifies my belief that I’ve been wronged putatively provides us with an intuitive and naturalised explanation as to how we receive immediate and defeasible justification for our evaluative beliefs. With many notable advocates in the literature, this justificatory thesis of emotion is fast becoming (...) a central facet in how we conceive of the emotions’ epistemic role with respect to our everyday lives. Interestingly, however, despite the fact that the justificatory thesis is fundamentally an epistemological proposal, comparatively little of the philosophical literature has been dedicated to exploring the epistemological avenues through which emotions might be capable of delivering such an epistemic yield. Accordingly, the central purpose of this thesis is to provide a novel and thorough analysis of how emotional experience might be capable of playing this justificatory role. Here, I present and evaluate three broad models of emotional justification: emotional dogmatism, emotional reliabilism, and agent-based views. Emotional dogmatist views, I argue, fail in virtue of being vulnerable to over-generalisation worries and problematic commitments to the contents of emotional awareness. Emotional reliabilism, while possessing the resources to avoid some objections, is vulnerable to worrisome clairvoyance-style challenges which establish the insufficiency of emotional reliability for epistemic justification. Finally, having learned our lessons from the shortcomings of these views, I argue that an agent-based theory grounded in the development of learned emotional competences provides the most plausible account of how emotional experience can epistemically justify evaluative belief. This discussion, I believe, will both illuminate contemporary discussions of the justificatory thesis of emotion found in the literature, and provide novel insight into the epistemic capacities of the emotions. (shrink)

The title refers to the question addressed in this paper, namely, to what degree if any technology, including nanotechnologies, in the form of products and processes, is capable of contributing to a good life. To answer that question, the paper will develop a meta-normative model whose primary purpose is to determine the essential conditions that any normative theory of the Good Life and Technology (T-GLAT) must adequately address in order to be able to account for, explain and evaluate the Contributive (...) Capability of Technology for a Good Life (CCT-GL). By CCT-GL understand the capability of any technological product or process in its design and/or its use to contribute in some way, if any, to the good life of individuals and society at large. In this paper, the all-embracing term “technology” will be used to refer to both the products and processes of different technologies. (shrink)

The capability approach, originated by Amartya Sen is among the most comprehensive and influential accounts of justice that applies to issues of health and health care. However, although health is always presumed as an important capability in Sen’s works, he never manages to fully explain why health is distinctively valuable. This paper provides an explanation. It does this by firstly laying out the general capability-based argument for health justice. It then discusses two recent attempts to justify why health is distinctively (...) valuable from within a capability framework – these are Sridhar Venkatapuram’s conception of health as the central human meta-capability and, respectively, Norman Daniels’ embrace of the capability metric in his use of Rawls’ principle of fair equality of opportunity. The paper argues that none of these accounts succeed in providing a plausible justification of the value of health. Finally, the paper suggests an alternative more complex justification, closely tied to different but central element of the capability view, that captures the core intuitions of both Venkatapuram and Daniels’ accounts but without being vulnerable to the objections raised against each of them. This, the paper concludes, provides a promising ground on which the capability view on health justice should be founded. (shrink)

The notion of presentational phenomenology has powerful epistemological implications. According to Elijah Chudnoff, an experience has presentational phenomenology with respect to p insofar as that experience makes it seem to you that p, and makes it seem as if you are aware of a truth-maker for p. Chudnoff argues that only experiences that have presentational phenomenology with respect to p provide immediate prima facie justification to the belief that p. That is, my visual experience of the orange provides me (...) with defeasible justificatory grounds for believing that there is an orange by virtue of that experience possessing presentational phenomenology. Call this epistemological thesis presentationalism. The central purpose of this paper is to provide a novel analysis of presentational phenomenology, and determine whether it is capable of delivering the epistemic yield detailed above. Here, I endeavour to show the following: presentational phenomenology is neither sufficient nor necessary for immediate prima facie justification, and ambiguity in Chudnoff’s analysis of presentational phenomenology leads the account to a troubling dilemma. Seemings and seeming awareness of truth-makers are not plausible candidates for justification-conferring states. (shrink)

Self-evidence is plausibly taken to be a status that marks propositions as capable of being justifiedly believed on the basis of understanding them. This paper explicates and defends that view. The paper shows that the broadly linguistic kind of understanding implied by basic semantic comprehension of a formulation of a self-evident proposition does not entail being justified in believing that proposition; that the kind of understanding adequate to yield such justification is multi-dimensional; and that there are many variables partly (...) constitutive of such understanding—all philosophically interesting in themselves—that a theory of self-evidence must account for. The paper also shows why self-evident propositions need not be obvious, need not be unprovable, and, far from being beyond dispute, can be rationally disputed. The concluding section shows how knowledge of self-evident propositions is possible even if, on the one hand, their elements are abstract and causally inert and, on the other, beliefs constituting knowledge must meet both causal and reliability conditions connected with their truthmakers. (shrink)

This is an expository paper in which the basic ideas of a family of Justification Logics are presented. Justification Logics evolved from a logic called LP, introduced by Sergei Artemov [1, 3], which formed the central part of a project to provide an arithmetic semantics for propositional intuitionistic logic. The project was successful, but there was a considerable bonus: LP came to be understood as a logic of knowledge with explicit justifications and, as such, was capable of addressing (...) in a natural way long-standing problems of logical omniscience. Since then, LP has become one member of a family of related logics, all logics of knowledge with explicit knowledge terms. In this paper the original problem of intuitionistic foundations is discussed only briefly. We concentrate entirely on issues of reasoning about knowledge. (shrink)

Recently, Amartya Sen and Martha Nussbaum have developed the capabilities approach to provide a model for understanding the effectiveness of programs to help the developing nations. The approach holds that human beings are fundamentally free and have a sense of human dignity. Therefore, institutions need to help people enhance this dignity by providing them with the opportunity to develop their capabilities freely. I argue that this approach may help support business ethics based on virtue. Since teleology has become (...) problematic, virtue ethics has had difficulty giving itself an ultimate justification. By combining virtue ethics with the capabilities approach, it becomes possible to ground virtue ethics on the basis of the existence of human dignity. This frees virtue ethics of the need for a strict teleology, replacing it with the notion that people must work to develop the capabilities of others although those capabilities are not pointed toward a definite goal. I further suggest that by grounding virtue ethics in capabilities, the actions of a virtuous manager become clearer. Rather than simply charging a manager with serving the public, the manager is charged with serving the stakeholders in a way that develops their capabilities. For example, a manager should not just give their employees what is just but must give them the environment and the encouragement to grow and to find fulfillment in their job. (shrink)

Central to Amartya Sen's understanding and defense of political orders that promote equality is his appeal to human capabilities. However, he fails to provide a basis for their selection, weighting, and value. Moreover, the account of ethical reasoning by which he does attempt to respond to basic challenges is highly problematic. It not only conflicts with a view of human flourishing that is individualized, agent-relative, and self-directed but also offers neither justification for nor principled limitation of state imposed (...) solutions. (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)

This chapter contains sections titled: Justifying the Capabilities Approach Justification and the Value of Rational Agency Conclusion Acknowledgments References.

This paper challenges the first Gettier counterexample to the tripartite account of knowledge. Noting that 'the man who will get the job' is a description and invoking Donnellan's distinction between their 'referential' and 'attributive' uses, I argue that Smith does not actually believe that the man who will get the job has ten coins in his pocket. Smith's ignorance about who will get the job shows that the belief cannot be understood referentially, his ignorance of the coins in his pocket (...) shows that it cannot be understood attributively. An explanation for why Smith appeared to have justified true belief is given by distinguishing between 'belief' and 'belief in truth'. Smith believes the sentence 'the man who will get the job has ten coins in his pocket' to be true (he mistakenly believes that Jones will get the job, of whom he knows that he has ten coins in his pocket) (hence his 'belief'), the sentence is true (hence 'truth'), and he has sufficient reason to assent to it (hence his 'justification'). But he does not believe the proposition expressed. Hence he does not know it either. (shrink)