Discussions of the problem of emergency powers often assume that norms and exceptions constitute its conceptual structure. This perspective is both self-undermining and dangerous. Because even the critics of emergency powers often rely on this dichotomy, clarifying the conceptual terrain might contribute to the development of a safer approach to emergencies. Hence, this article explores the origins and logic of modern exceptionalism by examining instances of its careful articulation in the history of political thought: in the “republican” exceptionalism of Machiavelli (...) and Rousseau and the “decisionist” exceptionalism of Schmitt and Hobbes. (shrink)

_How constructions of time shape political beliefs about what is possible—and what is inevitable_ To secure power in a crisis, leaders must sell deep change as a means to future good. But how could we know the future? Nomi Claire Lazar draws on stories across a range of cultures and contexts, ancient and modern, to show how leaders use constructions of time to frame events. These frames carry an implicit promise to secure or subvert an expected future, (...) shaping belief in what is possible—and what is inevitable. “Ranging imaginatively across history and geography, this elegant book probes temporal sources of order and transformation. Its analytical wisdom discloses how calendars and representations of time shape political legitimacy, dispositions, and action.”—Ira I. Katznelson, author of _Fear Itself: The New Deal and the Origins of Our Time_ “Great political leaders, for good or ill, seek to shape our daily lives by playing with time itself. That is the central insight of this elegant, erudite volume, one that means I will henceforth listen to speeches and manifestos with new ears and new tools to rebut them.”—Anne-Marie Slaughter, President and CEO, New America “Nomi Lazar gives us a fascinating exploration of the political construction of time itself, as structured by calendars, dating systems, and other mechanisms used for legitimation, revolution, and a myriad of other political purposes. A memorable and endlessly interesting book.”—Adrian Vermeule, Harvard Law School. (shrink)

In ‘The End of Law’, Bill Scheuerman illustrates the ways normativity, context and decision interlace, putting the lie to Carl Schmitt’s claim that decision is pure will. In doing so, Scheuerman gestures toward a truth about the alchemical nature of constitutions. Like decisions, I argue, constitutions are alchemical mechanisms for actualizing norms and normativizing facts. They accomplish this in part through mediating between dynamic selves before and after the moment of decision or coming-into-force. Schmitt’s error – or perhaps his strategy (...) – is to make static this dynamic process of political self-formation. Viewed as static, it is more difficult to discern the process of normativizing facts and concretizing norms. I show how contemporary populist authoritarians are particularly skilled at harnessing this strategy. Populist authoritarians often use constitutional change to consolidate not just power but constructed identity. They are able to do so because constitutions provide this strategy of dynamic identity formation, which, by generating new normative imperatives, in turn shores up legitimacy. (shrink)

Automated Influence is the use of Artificial Intelligence to collect, integrate, and analyse people’s data in order to deliver targeted interventions that shape their behaviour. We consider three central objections against Automated Influence, focusing on privacy, exploitation, and manipulation, showing in each case how a structural version of that objection has more purchase than its interactional counterpart. By rejecting the interactional focus of “AI Ethics” in favour of a more structural, political philosophy of AI, we show that the real problem (...) with Automated Influence is the crisis of legitimacy that it precipitates. (shrink)

Scholarly work on the relationship between time and politics has a long history. Polybius and Machiavelli, to name just two important writers, have given a lot attention to the way in which politic...

Tekst stanowi próbę pomyślenia instytucji stanu wyjątkowego w ramach logiki monistycznej, która by nie naruszała podstaw demokracji liberalnej: jako instrumentu prawnego do zwalczenia zagrożenia, przed którym stoi państwo, przy użyciu narzędzi z porządku norm sprzed wystąpienia sytuacji ekstraordynaryjnej. Autor analizuje trzy możliwości takiej logiki, wywodząc ją z koncepcji m. in. libertarianizmu Roberta Nozicka, instytucjonalizmu Nomi Claire Lazar czy liberalnego realizmu Jeremy’ego Waldrona i aplikując do zapisów Konstytucji RP z 1997 r.

Epistemic partialism is the view that friends have a doxastic duty to overestimate each other. If one holds that there are no practical reasons for belief, we will argue, one has to deny the existence of any epistemic duties, and thus reject epistemic partialism. But if it is false that one has a doxastic duty to overestimate one’s friends, why does it so often seem true? We argue that there is a robust causal relationship between friendship and overestimation that can (...) be mistaken for a constitutive relationship; we also argue that one can still accept some of the normative intuitions that motivate epistemic partialism even if one rejects epistemic partialism itself. Along the way, we consider and reject a watered-down version of epistemic partialism—call it epistemic partialism-light—according to which one has a duty to take steps to create in oneself a disposition to overestimate one’s friends. (shrink)

In recent decades, a new scientific approach to understand, explain, and predict many features of religion has emerged. The cognitive science of religion has amassed research on the forces that shape the tendency for humans to be religious and on what forms belief takes. It suggests that religion, like language or music, naturally emerges in humans with tractable similarities. This new approach has profound implications for how we understand religion, including why it appears so easily, and why people are willing (...) to fight-and die for it. Yet it is not without its critics, and some fear that scholars are explaining the ineffable mystery of religion away, or by showing that religion is natural proves or disproves the existence of God. An Introduction to the Cognitive Science of Religion offers students and general readers an accessible introduction to the approach, providing an overview of key findings and the debates that shape it. The volume includes a glossary of key terms, and each chapter includes suggestions for further thought and further reading as well as chapter summaries highlighting key points. This book is an indispensable resource for introductory courses on religion and a much-needed option for advanced courses. (shrink)

Nomy Arpaly rejects the model of rationality used by most ethicists and action theorists. Both observation and psychology indicate that people act rationally without deliberation, and act irrationally with deliberation. By questioning the notion that our own minds are comprehensible to us--and therefore questioning much of the current work of action theorists and ethicists--Arpaly attempts to develop a more realistic conception of moral agency.

This paper argue that moral ignorance does not excuse. Nobody is off the hook for doing something bad simply because she did it believing ii to be right. The paper uses the Arpaly view that cases of Akrasia can be praiseworthy as one premise in the argument.

Joining the debate over the roles of reason and appetite in the moral mind, In Praise of Desire takes the side of appetite. Acting for moral reasons, acting in a praiseworthy manner, and acting out of virtue are simply acting out of intrinsic desires for the right or the good.

According to Arpaly and to Markovits, actions have moral worth iff they are done for the reasons that make them right. Can this view have implications for normative ethics? I argue that it has such implications, as you can start from truths about the moral worth of actions to truths about the reasons that make them right. What makes actions right is the question of normative ethics. I argue from the moral worth view to a pluralistic view of ethics - (...) not Kantianism or utilitarianism but an account according to which there are at least two important moral factors, one of which is wellbeing. Part of this argument involves objecting to Kant's view of the moral worth of actions performed out of altruism and not universalizability. I also specify various implications for the relationship between the true normative theory and common sense morality. (shrink)

Abstractabstract:The antiutopian effect of Game of Thrones (GoT) is examined as a form of mass entertainment. The first part of this article approaches GoT from the standpoint of dialectical contradiction between Fantasy and Realism peculiar to GoT’s eclectic nature. The second part puts forward a hypothesis about the social basis of GoT horizons, taking into account the fragmented and niched state of contemporary TV audiences.

Vivian Liska, German-Jewish Thought and Its Afterlife: A Tenuous Legacy, Bloomington, University of Indiana Press, 2017 Lazar Atanasković.

What is that makes an act subject to either praise or blame? The question has often been taken to depend entirely on the free will debate for an answer, since it is widely agreed that an agent’s act is subject to praise or blame only if it was freely willed, but moral theory, action theory, and moral psychology are at least equally relevant to it. In the last quarter-century, following the lead of Harry Frankfurt’s (1971) seminal article “Freedom of the (...) Will and the Concept of a Person,” the interdisciplinary nature of the question has been emphasized by various authors. Going beyond the boundaries of the traditional free will debate, they have attempted to describe the requirements for agent accountability by appeal to theories of personality, rational agency, and ethical choice. The approach has been a breath of fresh air in the often-stagnant free will debate, bringing new considerations to bear and provoking new lines of argument, and it is an approach that we will adopt in this paper. In the following pages, we hope to show that an under-noticed phenomenon of moral psychology, inverse akrasia, exemplified by Huckleberry Finn, has something to contribute to the understanding of agency and accountability. After presenting the phenomenon in section I, we will move in section II to a quick survey of a family of Frankfurt-inspired views and a critique of them based on the phenomenon in sections III and IV. A new theory will be offered in section V, and potential objections addressed in the final section of the paper. (shrink)

Perhaps everything we think, feel, and do is determined, and humans--like stones or clouds--are slaves to the laws of nature. Would that be a terrible state? Philosophers who take the incompatibilist position think so, arguing that a deterministic world would be one without moral responsibility and perhaps without true love, meaningful art, and real rationality. But compatibilists and semicompatibilists argue that determinism need not worry us. As long as our actions stem, in an appropriate way, from us, or respond in (...) some way to reasons, our actions are meaningful and can be judged on their moral merit. In this highly original work, Nomy Arpaly argues that a deterministic world does not preclude moral responsibility, rationality, and love--in short, meaningful lives--but that there would still be something lamentable about a deterministic world. A person may respond well to reasons, and her actions may faithfully reflect her true self or values, but she may still feel that she is not free. Arpaly argues that compatibilists and semicompatibilists are wrong to dismiss this feeling--for which there are no philosophical consolations--as philosophically irrelevant. On the way to this bittersweet conclusion, Arpaly sets forth surprising theories about acting for reasons, the widely accepted idea that "ought implies can," moral blame, and more. (shrink)

Open-mindedness appears to be a cognitive disposition: an open-minded person is disposed to gain, lose, and revise beliefs in a particular, reasonable way. It is also a moral virtue, for we blame, for example, the man who quickly comes to think a new neighbor untrustworthy because he drives the wrong car or wears the wrong clothes—for his closed-mindedness. How open–mindedness could be a moral virtue is a puzzle, though, because exercises of moral virtues are expressions of moral concern, whereas gaining, (...) losing, and revising beliefs are not actions and so cannot be actions taken out of moral concern. Solving this puzzle is the purpose of this essay. (shrink)

It is generally agreed that using lethal or otherwise serious force in self-defense is justified only when three conditions are satisfied: first, there are some grounds for the defender to give priority to his own interests over those of the attacker (whether because the attacker has lost the protection of his right to life, for example, or because of the defender’s prerogative to prefer himself to others); second, the harm used is proportionate to the threat thereby averted; third, the harm (...) is necessary to avert that threat. The first and second conditions have been exhaustively discussed, but the third has been oddly neglected. Meanwhile a prominent school of thought has arisen, in the ethics of war, which seeks to ground the justification of killing in war in principles of individual self-defense. They too have failed to offer any substantive analysis of necessity, while at the same time appealing to it when it suits them to do so. In this paper, I attempt a detailed analysis of the necessity constraint on defensive force, and explore the implications of that analysis for the attempt to transpose principles of individual self-defense into the context of warfare. (shrink)

Research exploring the needs of families of childhood cancer survivors is critical to improving the experiences of future families faced by this disease. However, there are numerous challenges in conducting research with this unique population, including a relatively high mortality rate. In recognition that research with cancer survivors is a relational activity, this article presents a series of cases of parents bereaved by childhood cancer who unintentionally received invitations to participate in survivorship research. We explore six ethical considerations, and compare (...) our experiences with that described previously. Our considerations include the sharing of confidential information with external parties to confirm past patients’ vital status and appropriate researcher responses to bereaved parents. The management of researchers’ emotional safety when working with illness populations and the fact that study invitations can elicit grief responses in non-bereaved families are discussed. To conclude, we argue for the benefits of inviting bereaved parents whose children died after treatment completion in survivorship research. Such parents’ early survivorship experiences will otherwise be systemically neglected. We argue that discussing complex cases can assist researchers to protect participants’ and researchers’ emotional well-being. We hope to contribute to the dearth of discussion about research operating procedures to address these issues. (shrink)

Killing in War presents the Moral Equality of Combatants with serious, and in my view insurmountable problems. Absent some novel defense, this thesis is now very difficult to sustain. But this success is counterbalanced by the strikingly revisionist implications of McMahan’s account of the underlying morality of killing in war, which forces us into one of two unattractive positions, contingent pacifism, or near-total war. In this article, I have argued that his efforts to mitigate these controversial implications fail. The reader (...) is left stranded: to reach plausible conclusions, Walzer deployed an implausible conception of our rights to life; McMahan’s more rigorous account of those rights generates untenable conclusions. Absent new developments, it seems that the prospects for grounding the ethics of war in individual rights are poor: any theory of our rights to life that is sufficiently indiscriminate to work in the chaos of war is not discriminating enough to be a plausible theory of our rights to life. Perhaps by rejecting the ideal of the rights-respecting war altogether we might develop an alternative theory of justified warfare, which marries theoretical soundness with conclusions that we can more confidently support. (shrink)

I argue that akrasia is not always significantly irrational. To be more precise, I argue that an agent is sometimes more rational for being akratic then she would have been for being enkratic or strong-willed.

I argue that a right action has moral worth if and only if it is done for the right reasons - that is, for its right-making features. The reasons the agent acts on have to be identical to the reasons for which the action is right. I argue that Kantians are wrong in thinking that a right action has moral worth iff it is done because the agent thinks it is right, giving examples of morally worthy actions that are done (...) by agents who think they are wrong (Huckleberry Finn) and right actions done "because they are right" that have no moral worth. I also discuss degrees of moral worth as well as blameworthiness. (shrink)

Theoretical and practical deliberation are voluntary activities, and like all voluntary activities, they are performed for reasons. To hold that all voluntary activities are performed for reasons in virtue of their relations to past, present, or even merely possible acts of deliberation thus leads to infinite regresses and related problems. As a consequence, there must be processes that are nondeliberative and nonvoluntary but that nonetheless allow us to think and act for reasons, and these processes must be the ones that (...) generate the voluntary activities making up ordinary deliberation. These nondeliberative, nonvoluntary processes by means of which we are able to deliberate for reasons are the fundamental processes by means of which we can think or do anything for a reason: once it has been seen that they must exist, it can be recognized that they are ubiquitous. As a result, the usefulness of deliberation to rational belief and action is intermittent, contingent, and modest. Deliberation is a tremendously valuable tool for increasing human capacities to think and act for good reasons in challenging contexts, but in the end it is merely a tool, wielded by people through the same nondeliberative, nonvoluntary capacities to think and act for reasons that they are enhancing the effectiveness of by deliberating. (shrink)

Étude sur deux pensées philosophiques de l'existence qui furent influencées par le romantisme au milieu du XIXe siècle. L'auteur s'interroge sur la conception de l'homme que chacun des deux philosophes propose. D'après lui, leurs postulats sont parents par bien des aspects. L'existence est envisagée dans ses dimensions littéraires, philosophiques et religieuses.--Résumé de l'éditeur.

Prior research on sustainability suggests that ambitious sustainability strategies are often turned into “business-as-usual” practices. Although ecological embeddedness—that is, actors’ physical and cognitive anchoring in their ecological environment—can help maintain sustainability ambitions, its collective dynamics and pluralistic moral foundations remain understudied. We rely on the economies of worth framework and the revelatory case of a biodynamic farm business experiencing sustained commercial growth to explore these blind spots by analyzing how ecological embeddedness was maintained despite this growth. We found that moral (...) threats moved the organization away from its initial sustainability commitment and demonstrated how the farm maintained its ecological embeddedness through three mechanisms that involved multiple moral foundations: nurturing ecological inspiration, networking green projects, and unifying a green ethos. By inducing such mechanisms of moral recombination, our analysis advances sustainability studies by clarifying and bridging individual and collective dynamics of ecological embeddedness while revealing their multiple moral foundations; we also extend economies of worth research by demonstrating the role of ecological materiality in the alignment of organizations with the green world. (shrink)

This article discusses the interrelationship of race and religion in law, the subject of Eve Darian-Smith's new book, which seeks to rectify the neglect of religion in the study of race and law and the parallel neglect of race in studies of law and religion. Concurring with the book's basic propositions, that the segregation of race and religion into separate fields of legal studies needs to be overcome and the religious origins of fundamental liberal legal ideas need to be recognized, (...) I tease out different ways in which race and religion can be ‘linked’ and religion can ‘play a role’ in the development of modern law that are not fully parsed out in Darian-Smith's analysis. Applauding her attempt to integrate recent challenges to the long regnant ‘secularization thesis’ into the study of race and law, I point out some unresolved ambiguities in those challenges and their implications for law. (shrink)

This article is about recent attempts by scholars, database practitioners, and curators to experiment in theoretically interesting ways with the conceptual design and the building of databases, archives, and other information systems. This article uses the term ‘‘archive’’ as an overarching category to include a diversity of technologies used to inventory objects and knowledge, to commit them to memory and for future use. The category of ‘‘archive’’ might include forms as diverse as the simple spreadsheet, the species inventory, the computerized (...) database, and the museum. Using this protean concept, this study suggests that we are currently witnessing a time where close convergences are occurring between social theory and archive construction. It identifies a ‘‘move’’ toward exposure of the guts of our archives and databases, toward exposing the contingencies, the framing, the reflexivity, and the politics embedded within them. Within this move, the study examines ways in which theories of performance and emergence have begun to influence the way that archives of different kinds are conceived and reflects on the role of Science and Technology Studies scholars in their construction. (shrink)

I argue that riskier killings of innocent people are, other things equal, objectively worse than less risky killings. I ground these views in considerations of disrespect and security. Killing someone more riskily shows greater disrespect for him by more grievously undervaluing his standing and interests, and more seriously undermines his security by exposing a disposition to harm him across all counterfactual scenarios in which the probability of killing an innocent person is that high or less. I argue that the salient (...) probabilities are the agent’s sincere, sane, subjective probabilities, and that this thesis is relevant whether your risk-taking pertains to the probability of killing a person or to the probability that the person you kill is not liable to be killed. I then defend the view’s relevance to intentional killing; show how it differs from an account of blameworthiness; and explain its significance for all-things-considered justification and justification under uncertainty. (shrink)

Optimism about our ability to enhance societal decision‐making by leaning on Machine Learning (ML) for cheap, accurate predictions has palled in recent years, as these ‘cheap’ predictions have come at significant social cost, contributing to systematic harms suffered by already disadvantaged populations. But what precisely goes wrong when ML goes wrong? We argue that, as well as more obvious concerns about the downstream effects of ML‐based decision‐making, there can be moral grounds for the criticism of these predictions themselves. We introduce (...) and defend a theory of predictive justice, according to which differential model performance for systematically disadvantaged groups can be grounds for moral criticism of the model, independently of its downstream effects. As well as helping resolve some urgent disputes around algorithmic fairness, this theory points the way to a novel dimension of epistemic ethics, related to the recently discussed category of doxastic wrong. (shrink)