Using medical advances to enhance human athletic, aesthetic, and cognitive performance, rather than to treat disease, has been controversial. Little is known about physicians? experiences, views, and attitudes in this regard. We surveyed a national sample of physicians to determine how often they prescribe enhancements, their views on using medicine for enhancement, and whether they would be willing to prescribe a series of potential interventions that might be considered enhancements. We find that many physicians occasionally prescribe enhancements, but doctors hold (...) nuanced and ambiguous views of these issues. Most express concerns about the potential effects of enhancements on social equity, yet many also believe specific enhancements that are safe and effective should be available but not covered by insurance. These apparently contradictory views might reflect inherent tensions between the values of equity and liberty, which could make crafting coherent social policies on medical enhancements challenging. [Supplementary materials are available for this article. Go to the publisher's online edition of American Journal of Bioethics for the following free supplemental resource(s): An additional table (Table 5) referred to on p. 5]. (shrink)

This book addresses a range of relevant theoretical issues, including the possibility of an interpersonally comparable measure of well-being, or “utility” metric; the moral value of equality, and how that bears on the form of the social welfare function; social choice under uncertainty; and the possibility of integrating considerations of individual choice and responsibility into the social-welfare-function framework. This book also deals with issues of implementation, and explores how survey data and other sources of evidence might be used to calibrate (...) both a utility metric and a social welfare function, and whether distributive goals are ever best pursued through regulation rather than the tax system. In working through this range of theoretical and practical issues, the book draws from a wide variety of literatures, including philosophical scholarship on equality, responsibility, the nature of well-being, and personal identity over time; the social choice literature within economics; applied economic literatures concerning the measurement of inequality and poverty; legal and policy-analysis scholarship on cost-benefit analysis, environmental justice, and the choice between regulation and taxation; and the burgeoning field of “happiness studies”. (shrink)

Prioritarianism is a moral view that ranks outcomes according to the sum of a strictly increasing and strictly concave transformation of individual well-being. Prioritarianism is ‘welfarist’ (namel...

Ideal theory has been extensively contested on the grounds that it is ideology: namely, that it performs the distorting social role of reifying and enforcing unjust features of the status quo. Indeed, a growing number of philosophers adopt a nonideal methodology—which dispenses with ideal theory—because of this ideology critique. I argue, however, that such philosophers are confused about the ultimate dialectical upshot of this critique even if it succeeds. I do so by constructing a parallel—equally plausible—ideology critique of nonideal methodology; (...) specifically, I argue that capitalist and managerial social attitudes have commodified people’s conception of justice and induced suspicion of ideal theory, which is not construed as having direct practical value. Consequently, nonideal methodology performs the distorting role of reifying and enforcing the hegemonies of capitalism and managerialism. Ideal theory and nonideal methodology are, therefore, in symmetrically bad positions. (shrink)

Prioritarianism is an ethical theory that gives extra weight to the well-being of the worse off. In contrast, dominant policy-evaluation methodologies, such as benefit-cost analysis, cost-effectiveness analysis, and utilitarianism, ignore or downplay issues of fair distribution. Based on a research group founded by the editors, this important book is the first to show how prioritarianism can be used to assess governmental policies and evaluate societal conditions. This book uses prioritarianism as a methodology to evaluate governmental policy across a variety of (...) policy domains: taxation, health policy, risk regulation, education, climate policy, and the COVID-19 pandemic. It is also the first to demonstrate how prioritarianism improves on GDP as an indicator of a society's progress over time. Edited by two senior figures in the field with contributions from some of the world's leading economists, this volume bridges the gap from the theory of prioritarianism to its practical application. (shrink)

The knowledge account of assertion holds that it is improper to assert that p unless the speaker knows that p. This paper argues against the knowledge account of assertion; there is no general norm that the speaker must know what she asserts. I argue that there are cases in which it can be entirely proper to assert something that you do not know. In addition, it is possible to explain the cases that motivate the knowledge account by postulating a general (...) norm that assertions would be true, combined with conversational norms that govern all speech acts. A theory on which proper assertions must be true explains the data better than a theory on which proper assertions must be known to be true. (shrink)

This Article provides a comprehensive, critical overview of proposals to use happiness surveys for steering public policy. Happiness or “subjective well-being” surveys ask individuals to rate their present happiness, life-satisfaction, affective state, etc. A massive literature now engages in such surveys or correlates survey responses with individual attributes. And, increasingly, scholars argue for the policy relevance of happiness data: in particular, as a basis for calculating aggregates such as “gross national happiness,” or for calculating monetary equivalents for non-market goods based (...) on coefficients in a happiness equation. But is individual well-being equivalent to happiness? The happiness literature tends to blur or conflate important concepts: well-being, subjective well-being, happiness, utility, satisfaction. A preference-realization account of well-being denies the equivalence of happiness and welfare, since someone can have preferences for non-mental attributes, such as health, autonomy, goal-fulfillment, knowledge or the quality of her relationships. It is critical, therefore, to differentiate two potential policy roles for happiness surveys. First, the survey response may provide prima facie evidence of the respondent’s preference-utility: the extent to which her preferences are realized. Second, it may indicate her experience-utility: the quality of her mental states. The Article clarifies these two, very different, ideas. It then criticizes, in turn, the preference-utility and the experience-utility defenses of the policy relevance of happiness surveys. Enthusiasm about happiness is premature. (shrink)

There is an old saw in health policy that everyone wants health care that is good, fast, and cheap — but it’s impossible to have more than two of these at one time.A similar bit of folk wisdom seems intuitively true for the development and testing of new pharmaceutical products. The public is in a bind. We want breakthrough drugs, and fast. But we also want these drugs to be affordable, thoroughly tested, safe, and effective. It seems we can’t have (...) it all.In this paper, we will not claim that one can have it all — but that we can do far better than we are at present. First, we review extensive data on contemporary problems in the design, conduct, and analysis of industry-sponsored clinical trials. Finding major issues that have been solidly documented over more than a decade, we provide many examples of the multifarious ways in which industry-funded trials have been manipulated to raise the likelihood of producing industry-friendly results. (shrink)

One less obvious impact of legal bilingualism in a postcolonial jurisdiction like Hong Kong is an increasing trend of unrepresented litigants. Since their lack of legal knowledge often places them at a disadvantage and poses numerous problems in court, the government has established the resource centre for unrepresented litigants to offer them information about legal procedure. This paper evaluates the usefulness of the Chinese official reference materials at the centre in equipping laymen for civil litigation. As a first point of (...) contact between unrepresented litigants and the law, these leaflets have a direct impact on the users’ understanding of litigation procedures and their courtroom performance. This paper argues that the leaflets suffer from two major problems: incomprehensibility of language and lack of structure. Problems involved in include inconsistency in terminology, problematic translation, and language complexity arising from the use of odd collocation, unusual words, difficult legal terminology and confusing parts of speech; whereas in , information is found to be scattered and disorganised. To improve readability, the paper suggests using plain language, and providing checklists of documents, and a legal glossary. Cross-jurisdiction practices will be examined to show how unrepresented litigants’ access to justice may be facilitated. (shrink)

:Preference-aggregation problems arise in various contexts. One such context, little explored by social choice theorists, is metaethical. ‘Ideal-advisor’ accounts, which have played a major role in metaethics, propose that moral facts are constituted by the idealized preferences of a community of advisors. Such accounts give rise to a preference-aggregation problem: namely, aggregating the advisors’ moral preferences. Do we have reason to believe that the advisors, albeit idealized, can still diverge in their rankings of a given set of alternatives? If so, (...) what are the moral facts when the advisors do diverge? These questions are investigated here using the tools of Arrovian social choice theory. (shrink)

Barker and Smart have argued that dispositional monism is just as susceptible to the ultimate regress problem as Armstrong’s contingent necessitation view of laws. In this response, I consider what implications this conclusion has for the dispositional essentialist project more generally. I argue that it is the monistic aspect of dispositional monism, rather than the dispositional essentialist aspect, which is the source of the problem raised by Barker and Smart. I then outline a version of dispositional essentialism which avoids the (...) ultimate problem by avoiding the commitment to monism. Despite the article by Barker and Smart, it is not time to give up on the dispositionalist project yet. (shrink)

What are species? Are they objective features of the world? If so, what sort of features are they? Do everyday intuitions that species are real stand up to philosophical and scientific scrutiny? Two rival accounts of species' reality have dominated the discussion: that species are natural kinds defined by essential properties and that species are individuals. Unfortunately, neither account fully accommodates biological practice. In Are Species Real?, Slater presents a novel approach to this question aimed at accommodating the attractions to (...) both realism and antirealism about species. (shrink)

My primary purpose in this paper is to sketch a theory of doxastic oughts that achieves a satisfying middle ground between the extremes of rejecting epistemic deontology because one thinks beliefs are not within our direct voluntary control and rejecting doxastic involuntarism because one thinks that some doxastic oughts must be true. The key will be appreciating the obvious fact that not all true oughts require direct voluntary control. I will construct my account as an attempt to surpass other accounts (...) (especially those due to Feldman and Kornblith) in this vein. The new idea (in a telegraphic slogan) is that doxastic oughts are what Sellars called “rules of criticism,” which are logically distinct from but also interestingly connected to “rules of action.” The distinction provides a way to understand the phrase ‘ought to believe’ which is consistent with both doxastic involuntarism and epistemic deontology; the connection provides a novel way to incorporate a believer’s epistemic community into our understanding of the scope of epistemic obligations. (shrink)

Having no recourse to ways of knowing about the natural world, ethical non-naturalists are in need of an epistemology that might apply to a normative breed of facts or properties, and intuitionism seems well suited to fill that bill. Here I argue that the metaphysical inspiration for ethical intuitionism undermines that very epistemology, for this pair of views generates what I call the defeater from cosmic coincidence. Unfortunately, we face not a happy union, but a difficult choice: either ethical intuitionism (...) or ethical non-naturalism, but not both. (shrink)

Those who advocate a “historicist” outlook on moral responsibility often hold that people who unwillingly acquire corrupt dispositions are not blameworthy for the wrong actions that issue from these dispositions; this contention is frequently supported by thought experiments involving instances of forced psychological manipulation that seem to call responsibility into question. I argue against this historicist perspective and in favor of the conclusion that the process by which a person acquires values and dispositions is largely irrelevant to moral responsibility. While (...) the thought experiments introduced by historicists raise perplexing questions about personal identity and involve clear instances of moral wrongs done to the manipulated subjects, neither of these considerations bear on the question of moral responsibility. Rather, questions about moral responsibility in manipulation cases should be answered, I argue, by considering whether a manipulated agent is capable of expressing through her actions the objectionable attitudes that make blame appropriate in normal cases of wrongdoing. (shrink)

What do mathematicians mean when they use terms such as ‘deep’, ‘elegant’, and ‘beautiful’? By applying empirical methods developed by social psychologists, we demonstrate that mathematicians' appraisals of proofs vary on four dimensions: aesthetics, intricacy, utility, and precision. We pay particular attention to mathematical beauty and show that, contrary to the classical view, beauty and simplicity are almost entirely unrelated in mathematics.

This paper argues that attempts to apply Alasdair MacIntyre’s positive moral theory to business ethics are problematic, due to the cognitive closure of MacIntyre’s concept of a practice. I begin by outlining the notion of a practice, before turning to Moore’s attempt to provide a MacIntyrean account of corporate governance. I argue that Moore’s attempt is mismatched with MacIntyre’s account of moral education. Because the notion of practices resists general application I go on to argue that a negative application, which (...) focuses on regulation, is more plausible. Large-scale regulation, usually thought antithetical to MacIntyre’s advocacy of small-scale politics, has the potential to facilitate practice-based work and reveals that MacIntyre’s own work can be used against his pessimism about the modern order. Furthermore, the conception of regulation I defend can show us how management is more amenable to ethical understanding than MacIntyre’s work is often taken to imply. (shrink)

Should we remain neutral between our interests and those of future generations? Or are we ethically permitted or even required to depart from neutrality and engage in some measure of intergenerational discounting? This Article addresses the problem of intergenerational discounting by drawing on two different intellectual traditions: the social welfare function (“SWF”) tradition in welfare economics, and scholarship on “prioritarianism” in moral philosophy. Unlike utilitarians, prioritarians are sensitive to the distribution of well-being. They give greater weight to well-being changes affecting (...) worse-off individuals. Prioritarianism can be captured, formally, through an SWF which sums a concave transformation of individual utility, rather than simply summing unweighted utilities in utilitarian fashion. The Article considers the appropriate structure of a prioritarian SWF in intergenerational cases. The simplest case involves a fixed and finite intertemporal population. In that case, I argue, policymakers can and should maintain full neutrality between present and future generations. No discount factor should be attached to the utility of future individuals. Neutrality becomes trickier when we depart from this simple case, meaning: (1) “non-identity” problems, where current choices change the identity of future individuals; (2) population-size variation, where current choices affect not merely the identity of future individuals, but the size of the world’s future population (this case raises the specter of what Derek Parfit terms “the repugnant conclusion,” i.e., that dramatic reductions in the average level of individual well-being might be compensated for by increases in population size); or (3) an infinite population. The Article grapples with the difficult question of outfitting a prioritarian SWF to handle non-identity problems, population-size variation, and infinite populations. It tentatively suggests that a measure of neutrality can be maintained even in these cases. (shrink)

In the processing of subject-verb agreement, non-subject plural nouns following a singular subject sometimes “attract” the agreement with the verb, despite not being grammatically licensed to do so. This phenomenon generates agreement errors in production and an increased tendency to fail to notice such errors in comprehension, thereby providing a window into the representation of grammatical number in working memory during sentence processing. Research in this topic, however, is primarily done in related languages with similar agreement systems. In order to (...) increase the cross-linguistic coverage of the processing of agreement, we conducted a self-paced reading study in Modern Standard Arabic. We report robust agreement attraction errors in relative clauses, a configuration not particularly conducive to the generation of such errors for all possible lexicalizations. In particular, we examined the speed with which readers retrieve a subject controller for both grammatical and ungrammatical agreeing verbs in sentences where verbs are preceded by two NPs, one of which is a local non-subject NP that can act as a distractor for the successful resolution of subject-verb agreement. Our results suggest that the frequency of errors is modulated by the kind of plural formation strategy used on the attractor noun: nouns which form plurals by suffixation condition high rates of attraction, whereas nouns which form their plurals by internal vowel change (ablaut) generate lower rates of errors and reading-time attraction effects of smaller magnitudes. Furthermore, we show some evidence that these agreement attraction effects are mostly contained in the right tail of reaction time distributions. We also present modeling data in the ACT-R framework which supports a view of these ablauting patterns wherein they are differentially specified for number and evaluate the consequences of possible representations for theories of grammar and parsing. (shrink)

Pragmatism has enjoyed a considerable revival in the latter part of the twentieth century, but what precisely constitutes pragmatism remains a matter of dispute. In reconstructing the pragmatic tradition in political philosophy, Matthew Festenstein rejects the idea that it is a single, cohesive doctrine. His incisive analysis brings out the commonalities and shared concerns among contemporary pragmatists while making clear their differences in how they would resolve those concerns. His study begins with the work of John Dewey and the (...) moral and psychological conceptions that shaped his philosophy. Here Festenstein lays out the major philosophic issues with which first Dewey, and then his heirs, would grapple. The book's second part traces how Dewey's approach has been differently developed, especially in the work of three contemporary pragmatic thinkers: Richard Rorty, Jurgen Habermas, and Hilary Putnam. This first full-length critical study of the relationship between the pragmatist tradition and political philosophy fills a significant gap in contemporary thought. (shrink)

The COVID-19 crisis has forced a difficult trade-off between limiting the health impacts of the virus and maintaining economic activity. Welfare economics offers tools to conceptualize this trade-off so that policy-makers and the public can see clearly what is at stake. We review four such tools: the Value of Statistical Life (VSL); the Value of Statistical Life Years (VSLYs); Quality-Adjusted Life-Years (QALYs); and social welfare analysis, and argue that the latter are superior. We also discuss how to choose policies that (...) differentially affect people’s wellbeing. We argue in favor of evaluating policies using a Social Welfare Function (SWF), which evaluates the possible distributions of wellbeing across individuals that may result from a policy. Such a function, we argue, should regard increases in the wellbeing of the less well-off as especially valuable. We then use a model to illustrate how such a framework can help evaluate two broad policy types in response to the pandemic: eradication of the virus, and more lenient control of the spread. Our model reveals how such evaluations depend on many empirical facts but also on key value judgments about the relative importance of health and on the extent of special concern for the worse off. The purpose of this brief is not to make precise recommendations, as conditions vary widely across countries and over time, but to provide a methodology. (shrink)

It is common to talk about options, where an option is a course of action an agent can take. A course of action, in turn, is that which can be the object of intention. It has not often been noticed in the literature, though, that there are two ways to understand what makes something an option: first, an option just is some course of action physically open (or, to be maximally liberal, logically open) to an agent; second, an option just (...) is some course of action that the agent either in fact deliberates about taking or is psychologically capable of deliberating about taking. At any given time, there are far more courses of action open to an agent than the agent can or does deliberate about taking. What determines which courses of action an agent deliberates about as an option, and why do so many other courses of action remain out of deliberative view? I argue that while values, ends, the demands of both means-end coherence and consistency of beliefs contribute to the determination of which courses of action an agent sees as options, they cannot be the whole story. I argue that another mechanism, which I call the practical imagination, is primarily responsible for which courses of action an agent sees as options. Drawing upon both recent work in developmental and social psychology and a strain of philosophical argument that has attempted to show how human beings have a practical understanding of themselves that is mediated by what we can call a narrative identity, I argue that the norms governing the construction of a narrative identity are among the most important, albeit not the only, norms governing the practical imagination and that, just as we should look to the norms of practical reason to explain and critically reflect on practical deliberation, we should look to the norms of practical imagination to explain and critically reflect on the process by which an agent comes to see some course of action as an option. (shrink)

According to cognitive non-naturalism, normative judgments are standard beliefs that purport to be about non-natural properties. An influential plurality of normative theorists, including non-naturalist realists, error theorists and skeptics, share this view. But it is mistaken. For it predicts an epistemic profile for normative judgments that they do not have. In particular, they are not disposed to extinguish in light of accepted evidence that the any non-natural properties are absent, and they are not disposed to come into existence in light (...) of accepted evidence for any non-natural property. So normative judgments might be beliefs, and there might be non-natural properties, but normative judgments are not beliefs about non-natural properties. (shrink)

Recently attention has been paid to the epistemic requirements for proper assertion. The most popular account has been the knowledge account, that we can only properly assert what we know. Others have criticized the knowledge account and argued that the norm of assertion is truth, belief, or assertion of what it is reasonable to believe.

Different chemical species are often cited as paradigm examples of structurally delimited natural kinds. While classificatory monism may thus seem plausible for simple molecules, it looks less attractive for complex biological macromolecules. I focus on the case of proteins that are most plausibly individuated by their functions. Is there a single, objective count of proteins? I argue that the vagaries of function individuation infect protein classification. We should be pluralists about macromolecular classification.

Colin Ward is not necessarily a gift for the biographer. As Sophie Scott-Brown’s engaging study reminds us, one of his defining characteristics was a thoroughgoing humility, and one consequence of...

The Pigou-Dalton (PD) principle recommends a non-leaky, non-rank-switching transfer of goods from someone with more goods to someone with less. This Article defends the PD principle as an aspect of distributive justice—enabling the comparison of two distributions, neither completely equal, as more or less just. It shows how the PD principle flows from a particular view, adumbrated by Thomas Nagel, about the grounding of distributive justice in individuals’ “claims.” And it criticizes two competing frameworks for thinking about justice that less (...) clearly support the principle: the veil-of-ignorance framework, and Larry Temkin’s proposal that fairer distributions are those concerning which individuals have fewer “complaints.” -/- The Article also clarifies the relation between the PD principle and prioritarianism. Prioritarians will surely endorse the PD principle (with the “good” individual well-being), but they are also committed to a distinct axiom of separability: the moral value of someone’s well-being change does not depend upon her position relative to others. The PD principle neither implies separability, nor is implied by it. Although prioritarianism is very plausible, the case for the PD principle is yet more compelling than for the combination of that principle with separability. In discussing prioritarianism, we should differentiate between these two, logically independent aspects of the view. -/- . (shrink)

Does individual desert matter for distributive justice? Is it relevant, for purposes of justice, that the pattern of distribution of justice’s “currency” (be it well-being, resources, preference-satisfaction, capabilities, or something else) is aligned in one or another way with the pattern of individual desert? -/- This paper examines the nexus between desert and distributive justice through the lens of individual claims. The concept of claims (specifically “claims across outcomes”) is a fruitful way to flesh out the content of distributive justice (...) so as to be grounded in the separateness of persons. A claim is a relation between a person and a pair of outcomes. If someone is better off in one outcome than a second, she has a claim in favor of the first. If she is equally well off in the two outcomes, she has a null claim between the two. In turn, whether one outcome is more just than a second depends upon the pattern of claims between them. -/- In prior work, I have elaborated the concept of claims across outcomes, and have used it to provide a unified defense of the Pareto and Pigou-Dalton axioms. Adding some further, plausible, axioms, we arrive at prioritarianism. -/- Here, I consider the possibility of desert-modulated claims—whereby the strength of an individual’s claim between two outcomes is determined not only by her well-being levels in the two outcomes, and her well-being difference between them, but also by her desert. This generalization of the notion of claims suggests a new axiom of justice: Priority for the More Deserving, requiring that, as between two individuals at the same well-being level, a given increment in well-being be allocated to the more deserving one. -/- If individual desert is intrapersonally fixed, this new axiom, together with a desert-modulated version of the Pigou-Dalton principle, and the Pareto axioms, yields a desert-modulated prioritarian account of distributive justice. Trouble arises, however, if an individual’s desert level can be different in different outcomes. In this case of intrapersonally variable desert, Priority for the More Deserving can conflict with the Pareto axioms (both Pareto indifference and strong Pareto). -/- This conflict, I believe, is sufficient reason to abandon the proposal to make claim strength a function of individual desert on top of well-being levels and differences. If distributive justice is truly sensitive to each individual’s separate perspective—if the justice ranking of outcomes is built up from the totality of individual rankings—we should embrace the Pareto axioms as axioms of justice and reject Priority for the More Deserving. In short: desert-modulated prioritarianism is a nonstarter. Rawls was right to sever distributive justice from desert. (shrink)

I respond here to an argument in David Shoemaker’s recent essay, “Attributability, Answerability, and Accountability: Toward a Wider Theory of Moral Responsibility.” Shoemaker finds that “Scanlonian” approaches to moral blame err insofar as they do not include a capacity to respond to moral considerations among the conditions on blameworthiness. Shoemaker argues that wrongdoers must be able to respond to moral reasons for their behavior to express the disrespect to which blaming attitudes like resentment respond. I offer reasons for rejecting this (...) argument. (shrink)

Carlo Rovelli's relational interpretation of quantum mechanics holds that a system's states or the values of its physical quantities as normally conceived only exist relative to a cut between a system and an observer or measuring instrument. Furthermore, on Rovelli's account, the appearance of determinate observations from pure quantum superpositions happens only relative to the interaction of the system and observer. Jeffrey Barrett ([1999]) has pointed out that certain relational interpretations suffer from what we might call the ‘determinacy problem', but (...) Barrett misclassifies Rovelli's interpretation by lumping it in with Mermin's view, as Rovelli's view is quite different and has resources to escape the particular criticisms that Barrett makes of Mermin's view. Rovelli's interpretation still leaves us with a paradox having to do with the determinacy of measurement outcomes, which can be accepted only if we are willing to give up on certain elements of the ‘absolute’ view of the world. (shrink)

On a contemporary Humean-influenced view, the responses of suitably idealized appreciators are presented as tracking, or even determining, facts about artistic value. Focusing on the intra-personal case, this paper argues that (i) facts about the refinement and reconfiguration of aesthetic character together with (ii) the manner in which autobiography and character are implicated in artistic appreciation make it de facto unlikely that we can reliably come to know how our ideal counterpart would respond to a given artwork. Attribution of superhuman (...) abilities to our ideal counterpart partially addresses this worry, but undermines a central feature of the theoretical motivation for the idealizing model. Insofar as response-dependent accounts of artistic value are inextricably tied to an idealizing view of critics, we have reason to reject them. (shrink)

Rawls: Reticent Socialist. By EdmundsonWilliam A. ).

ABSTRACTI argue that the degree to which a criminal should be punished is determined by three elements: a baseline amount that proportionally compensates the victim and an additional penalty that, first, reforms the criminal and, second, deters others from becoming unjust. My interpretation provides a solution to the interpretive puzzle that has most vexed commentators: the alleged tension between Plato's philosophical theory of punishment and the content of his penal code. I defend a two-step solution to the puzzle. First, on (...) my interpretation, because of the broad role that deterrence must play, this alleged tension is—to a degree—merely apparent. Second, the actual tension can be explained by Plato's commitment to the rule of law, given the epistemic limitations of actual people. (shrink)

Over the course of the last four decades, William Leon McBride has distinguished himself as one of the most esteemed and accomplished philosophers of his generation. This volume—which celebrates the occasion of his seventy-fifth birthday—includes contributions from colleagues, friends, and formers students and pays tribute to McBride’s considerable achievements as a teacher, mentor, and scholar.

This chapter contains sections titled: What I s Regulation? How Should We Morally Evaluate Regulation? Welfarism; the Pareto Principle; Kaldor‐Hicks Efficiency versus Social Welfare Functions The Two Fundamental Theorems of Welfare Economics and the Market Failure Framework Externalities Public Goods and Monopoly Power The Coase Theorem Information and Paternalism as Rationales for Regulation Regulatory Forms and Regulatory Choice Criteria References.

The contributors to this symposium have brought up many important points in their discussions of five chapters of the Report, and we are very grateful to them. Since the authors of the chapters would be better able to respond to many of the specific comments, we will confine ourselves here to a brief discussion of a few major issues highlighted by the contributors. We are in particular inspired by the following comments: Alina Rocha Menocal's point about the role of the (...) state and committed elites; James Deane's description of the deep transformation of the media scene by new forms of communication; Uma Rani's emphasis on the importance of structural transformation and social care policies; and Diana Alarcon's call for paying greater attention to different levels of development and to macroeconomic policy. (shrink)

This chapter is an essay in a volume that examines constitutional law in the United States through the lens of H.L.A. Hart's "rule of recognition" model of a legal system. My chapter focuses on a feature of constitutional practice that has been rarely examined: how jurists and scholars argue about interpretive methods. Although a vast body of scholarship provides arguments for or against various interpretive methods -- such as textualism, originalism, "living constitutionalism," structure-and-relationship reasoning, representation reinforcement, minimalism, and so forth (...) -- very little scholarship shifts to the meta-level and asks: What are the considerations that jurists and scholars bring to bear in arguing that one or another interpretive method is legally favored? And can we "make sense" of this body of argument? Is there a model of legal discourse that both accurately describes how U.S. jurists and scholars actually argue about interpretive methods, and that vindicates this discourse (in the sense of seeing these actors as making valid arguments)? I find that Hart's rule-of-recognition model fails to describe or vindicate how U.S. jurists and scholars argue about interpretive methods. The problem, in a nutshell, is that Hart sees legal argument as asserting or presupposing the social fact of contemporary official acceptance of a rule of recognition. By contrast, jurists and scholars typically point to social facts other than contemporary official acceptance in arguing for the legal status of an interpretive method -- for example, the fact that the method is supported by Framers' intent, or by U.S. culture and tradition, or by precedent. Further, jurists and scholars very often argue that some interpretive method is legally favored even though the method is controversial. On Hart's model, such a claim is problematic -- because, on his model, the content of the rule of recognition is not controversial, but rather a matter of consensus among officials. The upshot may just be that Hart's model is a failure. However, another possibility is to adopt an "error theory" of U.S. constitutional discourse. It may perhaps be the case that U.S. jurists and scholars often make claims for the favorable legal status of some interpretive method that are inconsistent with the best understanding of the nature of law. (shrink)

The Erasmus Journal for Philosophy and Economics(EJPE) interviewed Adler about his formative years (section I); his work on the theoretical foundations of public policy, zooming in onwelfare-consequentialism and social welfare functions(section II), welfarism and interpersonal comparisons(section III), the ethical deliberator and the role of the philosopher (section IV); and, finally,his views and visions for interdisciplinary work in law, economics, and philosophy,as well as his advice for graduate students in the field (section V).