Our reactions to actual crime-disbelief about the act committed, anger at the hurt caused, a desire to get even, and fear for ourselves and our children-arrive in an indecipherable rush of emotion. We perceive strong, intuitive, and sometimes oppositional reactions at once. So it is little wonder that no single traditional moral justification for punishment is satisfactory. Traditional theories, both retributive and utilitarian, are grounded in a priori truths that ignore the convergence of the theoretical, the practical and the emotional (...) that gives rise to the need to punish. In their stead, we should embrace an advertently pragmatic theoretical approach, which recognize the primary need to protect ourselves against danger, but looks as well to providing reformation wherever possible. Such an approach does not ignore the traditional rationales. To eschew retribution entirely is to deny a deeply-rooted moral intuition and forego efforts to tame it. To jettison utility is to condemn the victim and community to perpetual fear; just to the extent that retributive impulses, by any name, undermine necessary forward-looking concerns about our future's safety, they poorly serve our needs, which include service to the victim, the community and the offender. (shrink)

There is a tendency among those who identify themselves as subjectivists on the issue of defining criminal intent to dismiss or minimize the role of actual non-trivial harm in the determination of criminal liability and punishment. That is to say, they are those who argue that an individual’s subjective intent is a sufficient indication of potential dangerousness and culpability to justify punishment. In this essay, the author presents a view, based on Adam Smith’s recognition of the “irregularity of the sentiments,” (...) that actual physical harm matters; that it reflects the negative component of the two great motivators, pleasure and pain; and that it can release the worst sort of emotional reactivity: retribution. The infliction of a non-trivial first order harm can invoke a deeply felt aesthetic reaction which, in turn, reflects our natural (and cognitively “irregular”) human sentiments. Trying to dispense with harm as a feature in our understanding of criminality seems prima facie absurd. Awareness of the sentiment, as Smith understood, helps temper the worst parts of our nature: that which hopes to crush the people and ideas we find threatening. Ironically, the existence of and need for harm as a necessary condition of criminality heightens our awareness of the limitations of reason in dealing with victims of crime. We are not simply cognitive creatures. (shrink)

Calls to hold artificial intelligence to account are intensifying. Activists and researchers alike warn of an “accountability gap” or even a “crisis of accountability” in AI. Meanwhile, several prominent scholars maintain that accountability holds the key to governing AI. But usage of the term varies widely in discussions of AI ethics and governance. This chapter begins by disambiguating some different senses and dimensions of accountability, distinguishing it from neighboring concepts, and identifying sources of confusion. It proceeds to explore the idea (...) that AI operates within an accountability gap arising from technical features of AI as well as the social context in which it is deployed. The chapter also evaluates various proposals for closing this gap. I conclude that the role of accountability in AI ethics and governance is vital but also more limited than some suggest. Accountability’s primary job description is to verify compliance with substantive normative principles—once those principles are settled. Theories of accountability cannot ultimately tell us what substantive standards to account for, especially when norms are contested or still emerging. Nonetheless, formal mechanisms of accountability provide a way of diagnosing and discouraging egregious wrongdoing even in the absence of normative agreement. Providing accounts can also be an important first step toward the development of more comprehensive regulatory standards for AI. (shrink)

This paper presents a new solution to the problem of peer disagreement that distinguishes two principles of rational belief, here called probability and autonomy. When we discover that we disagree with peers, there is one sense in which we rationally ought to suspend belief, and another in which we rationally ought to retain our original belief. In the first sense, we aim to believe what is most probably true according to our total evidence, including testimony from peers and authorities. In (...) the second, we aim to base our beliefs only on objective evidence and argumentation, even if that lowers the probability of their being true. The first principle of rational belief tends to serve the short-term epistemic interests of individuals, while the second tends to serve the long-term epistemic interests of both individuals and groups. The best way to reconcile these principles in cases of peer disagreement is to associate them with two corresponding species of belief, here called perception and opinion. (shrink)

Counterpossibles are counterfactuals that involve some metaphysical impossibility. Modal normativism is a non-descriptivist account of metaphysical necessity and possibility according to which modal claims, e.g. ‘necessarily, all bachelors are unmarried’, do not function as descriptive claims about the modal nature of reality but function as normative illustrations of constitutive rules and permissions that govern the use of ordinary non-modal vocabulary, e.g. ‘bachelor’. In this paper, I assume modal normativism and develop a novel account of counterpossibles and claims about metaphysical similarity (...) between possible and impossible worlds. I argue that considerations of metaphysical similarity between various impossible worlds and the actual world only require us to tacitly consider how the actual constitutive rules that govern the use of our terms change in order to accommodate the description of some hypothetical impossible scenario. I then argue for my account by raising worries for alternative epistemic and realist accounts of counterpossibles and showing how my account avoids those worries. (shrink)

I expand modal normativism, a theory of metaphysical modality, to give a normativist account of metaphysical explanation. According to modal normativism, basic modal claims do not have a descriptive function, but instead have the normative function of enabling language users to express semantic rules that govern the use of ordinary non-modal vocabulary. However, a worry for modal normativism is that it doesn’t keep up with all of the important and interesting metaphysics we can do by giving and evaluating metaphysical explanations. (...) So, I advance modal normativism by arguing that metaphysical explanations also have a normative rather than descriptive function. In particular, non-causal explanatory claims have formal and semantic properties that make them expressively stricter than basic modal claims and so are better suited to express fine-grained aspects of semantic rules. A major payoff of my normativist account of metaphysical explanations is that it yields a plausible story about how we come to evaluate and know metaphysical explanations—we do this primarily by conceptual analysis. I also respond to a number of objections, including the objection that the epistemic payoffs of my view are not worth the metaphysical costs. (shrink)

First published, here, in English. Reproduced (also in English) in Adorno's Gesammelte Schriften, 20.I.

Thus, says Hare, a judgment that someone is happy is an appraisal, not a statement of fact. I do not wish to deny that there are some uses of 'happy', ascribed to a person or to a life, for which this is the case; but I would like to maintain that there are other uses of 'happy', philosophically important ones, in which a judgment that a third person is happy is not an appraisal, but is rather a report about him (...) which may be true or false; and in which a first person judgment that one is happy, while it involves an appraisal, is still a report which may be true or false. (shrink)

Many scholars of organizations see social enterprise as a promising approach to advancing social justice but neglect to scrutinize the normative foundations and limitations of this optimism. This article draws on Rawlsian political philosophy to investigate whether and how social enterprises can support social justice. We propose that this perspective assigns organizations a duty to foster institutional capacity, a concept we define and elaborate. We investigate how this duty might apply specifically to social enterprises, given their characteristic features. We theorize (...) six different mechanisms through which social enterprises might successfully discharge this duty. These results affirm the value of conversation between organizational studies and political philosophy and shed new light on debates regarding social enterprise, institutional theory, and several other topics. (shrink)

One of the most eminent Heidegger scholars of our time, Theodore Kisiel has found worldwide critical acclaim, his particular strength being to set Heidegger's ...

I argue that we can accept modal normativism—a view that the function of modal claims is to express semantic rules—while also accepting possible worlds semantics. I argue that by keeping the metaphysical insights of normativism at the level of metasemantics—i.e., at the level of accounts of what metaphysically explains facts about the meaning of modal claims—it is open to the normativist to wholeheartedly accept possible worlds semantics.

In July 2020, more than 1000 companies that advertise on social media platforms withdrew their business, citing failures of the platforms (especially Facebook) to address the proliferation of harmful content. The #StopHateForProfit movement invites reflection on an understudied topic: the ethics of boycotting by corporations. Under what conditions is corporate boycotting permissible, required, supererogatory, or forbidden? Although value-driven consumerism has generated significant recent discussion in applied ethics, that discussion has focused almost exclusively on the consumption choices of individuals. As this (...) article underscores, value-driven consumerism by business corporations complicates these issues and invites further examination. We propose principles for the ethics of boycotting by corporations, indicate how these principles relate to different CSR paradigms, and show how these insights can help assess recent instances of corporate boycotting. (shrink)

Why is science so rare and faith so common in human history? Traditional cultures persist because it is subjectively rational for each maturing child to defer to the unanimous beliefs of his elders, regardless of any personal doubts. Science is possible only when individuals promote new theories (which will probably be proven false) and forgo the epistemic advantages of accepting established views (which are more likely to be true). Hence, progressive science must rely upon the epistemic altruism of experimental thinkers, (...) while traditions of faith depend on the epistemic self-interest of their followers. (shrink)

Stephanie Morain and Emily Largent’s (2023) target article “Think Pragmatically: Investigators’ Obligations to Patient-Subjects When Research is Embedded in Care” identified a number of important c...

Ideas for integrating AI into politics are now emerging and advancing at accelerating pace. This chapter highlights a few different varieties and show how they reflect different assumptions about the value of democracy. We cannot make informed decisions about which, if any, proposals to pursue without further reflection on what makes democracy valuable and how current conditions fail to fully realize it. Recent advances in political philosophy provide some guidance but leave important questions open. If AI advances to a state (...) where it can secure superior political outcomes, leading perspectives in political philosophy suggest that democracy may become obsolete. If we find this suggestion troubling, we need to put the case for democracy on stronger foundations. (shrink)

Intergenerational transfers are a core feature of the practice of private philanthropy. A substantial portion of the resources committed to charitable causes comes from transfers (either during life or at death) that continue to pay out after death. Indeed, much of the power of the charitable foundation lies in its ability to extend the life of an enterprise beyond the mortal existence of its initiating agents. Despite their prevalence, whether and in what way the instruments of intergenerational philanthropy can be (...) justified is controversial. Many have argued that these instruments unfairly privilege the interests of the dead at the expense of the living and unborn. More recently, others have argued that intergenerational charitable transfers comport with the demands of distributive justice and are therefore legitimate. This paper contends that both of these perspectives fail to see the problem for what it is. Intergenerational charitable transfers may indeed promote justice in certain respects, but they do so at the cost of imposing the judgments of the dead onto the living. Respecting the wishes of the past conflicts with an interest in “generational sovereignty.” The paper concludes that properly accounting for this interest in generational sovereignty doesn’t require the abolition of intergenerational philanthropy. But it does tell in favor of a different regulatory orientation than most legal systems currently adopt. (shrink)

This is an exploration of how the narratives people construct during everyday living are shaped by certain limitations and regular patterns in individual memory. The book draws on themes in Walter Ong's analysis of memory and oracy. It also explores the relations between memory aids/supports and memory itself. The recognition of records as playing a role in memory adds a collective dimension and raises questions about the nature of historical truth. The ethical theme is based on the thesis that the (...) past can be redeemed or changed not just on the level of narrative, but also on the level of additional actions that can be related to prior actions in such a way as to justify a new narration of the events taken together. This means that the past can be changed, and this notion of redeeming the past is inspired by Christian thought. (shrink)

This work discusses the results of importing and then attempting to Christianize the content of secular education in its available form of discourse (public knowledge), especially with regard to the sciences. The book addresses the need for Christian educators to be conscious of the sources of the content of their curricula.

Hermeneutics is widely celebrated as a call for “conversation”—that is, a manner of inquiry characterized by humility and openness to the other that eschews the pretenses of calculative rationality and resists all finality of conclusions. In this, conversation takes shape in efforts to understand and interpret that always unfold in the transmission of meaning historically in language. Yet, the celebration of hermeneutics for humility and openness appears, at least, to risk embarrassment in light of claims found in Heidegger and Gadamer (...) that conversation is always contingent on “prior accord.” Critics of hermeneutics have, for some decades, interpreted this claim of prior accord to refer to a common tradition, so that the understanding achieved in conversation is restricted to those who belong to the same heritage. In this essay, the author argues that although Heidegger and Gadamer often suggest this prior accord is a matter of common tradition, crucial threads of Gadamer’s thought, in particular, recommend a different view. Gadamer, in these threads, offers that “prior accord” concerns not a common tradition, but, on the contrary, the call to participate in hermeneutic transmission as such, even—and no doubt especially—when those in conversation are not familiar with the tradition or language of the other. With this, we are called to converse not first by _what_ the other says, but by the fact _that_ we do not yet understand, that we have already misunderstood, and that we perhaps cannot understand. (shrink)

Forthcoming in the Blackwell Companion to Aristotle, 2008.

Gini coefficients, which measure gross inequalities rather than their unfair components, are often used as proxy measures of absolute or relative distributive injustice in Western societies. This presupposes that the fair inequalities in these societies are small and stable enough to be ignored. This article presents a model for a series of ideal, perfectly just societies, where comfortable lives are equally available to everyone, and calculates the Gini coefficients for each. According to this model, inequalities produced by age and other (...) demographic factors, together with reasonable choices under equal opportunity, can raise the Gini coefficients for perfectly just societies to levels at least as high as those of any current Western country, and can as easily account for differences in Gini coefficients between such societies or within one such society over time. If Gini coefficients at these levels are possible for ideal societies without distributive injustice, then they should not be used as proxy measures of distributive injustice in real societies. (shrink)

Critics of private charity often claim that the well-off should instead assist the disadvantaged through political reform. The present article explores this idea with reference to effective altruism, a powerful new paradigm in the ethics of philanthropy. Effective altruism presses the relatively affluent not only to give generously, but also to subject their practical deliberations to rigorous evaluations of impartiality and cost-effectiveness. The article contends that the movement’s sophisticated methods are not sufficient to overcome the worries of institutionalist critics. At (...) the same time, it shows that a transition from assistance to advocacy faces underappreciated and serious limitations. The measurement-based methods that allow effective altruists to identify promising assistance programs do not carry over well to political reform. In addition, unleashing greater private wealth into politics may exacerbate unequal opportunities for political influence. The article closes with preliminary suggestions for overcoming these concerns and connects them to broader developments in the politics of philanthropy. (shrink)

This article offers a simple technical resolution to the problem of induction, which is to say that general facts are not always inferred from observations of particular facts, but are themselves sometimes defeasibly observed. The article suggests a holistic account of observation that allows for general statements in empirical theories to be interpreted as observation reports, in place of the common but arguably obsolete idea that observations are exclusively particular. Predictions and other particular statements about unobservable facts can then appear (...) as deductive consequences of such general observation statements, rather than inductive consequences of other particular statements. This semantic shift resolves the problem by eliminating induction as a basic form of inference, and folding the justification of general beliefs into the more basic problem of perception. (shrink)

"Hans-Georg Gadamer is one of the most important philosophers of the post-1945 era. His name has become all but synonymous with the philosophical study of hermeneutics, the field concerned with theories of understanding and interpretation and laid out in his landmark book, Truth and Method. Influential not only within continental philosophy, Gadamer's thought has also made significant contributors to related fields such as religion, literary theory and education. The Gadamerian Mind is a major survey of the fundamental aspects of Gadamer's (...) thought, with contributions from leading scholars of Gadamer and hermeneutics from around the world. Thirty-eight chapters are divided into six clear parts: Overviews Key Concepts Historical Influences Contemporary Encounters Beyond Philosophy Legacies and Questions. Although Gadamer's work addresses a remarkable range of topics, careful consideration is given throughout the volume to consistent concerns that orient his thought. Important in this respect is his relation to philosophers in the Western tradition, from Plato to Heidegger. An indispensable resource for anyone studying and researching Gadamer, hermeneutics and the history of twentieth-century philosophy, The Gadamerian Mind will also be of interest to those in related disciplines such as religion, literature, political theory and education"--. (shrink)

This book, ten years in the making, is the first factual and conceptual history of Martin Heidegger's Being and Time (1927), a key twentieth-century text whose background until now has been conspicuously absent. Through painstaking investigation of European archives and private correspondence, Theodore Kisiel provides an unbroken account of the philosopher's early development and progress toward his masterwork. Beginning with Heidegger's 1915 dissertation, Kisiel explores the philosopher's religious conversion during the bleak war years, the hermeneutic breakthrough in the war-emergency (...) semester of 1919, the evolution of attitudes toward his phenomenological mentor, Edmund Husserl, and the shifting orientations of the three drafts of Being and Time. Discussing Heidegger's little-known reading of Aristotle, as well as his last-minute turn to Kant and to existentialist terminology, Kisiel offers a wealth of narrative detail and documentary evidence that will be an invaluable factual resource for years to come. A major event for philosophers and Heidegger specialists, the publication of Kisiel's book allows us to jettison the stale view of Being and Time as a great book "frozen in time" and instead to appreciate the erratic starts, finite high points, and tentative conclusions of what remains a challenging philosophical "path.". (shrink)

Solipsism can be refuted along fairly traditional, internalist lines, by means of a second-order induction. We are justified in believing in other minds, because other people tell us that they have minds, and we have good inductive reason to believe that whatever certain others say is likely to be true. This simple argument is sound, the author argues, even though we are in no prior position to believe that other thinking people exist as such, or that the sounds they make (...) have any meaning. The mere phenomenal surfaces of others' statements form sufficient grounds for the induction that the argument requires. (shrink)

This article provides an intuitive semantic account of a new logic for comparisons (CL), in which atomic statements are assigned both a classical truth-value and a “how much” value or extension in the range [0, 1]. The truth-value of each comparison is determined by the extensions of its component sentences; the truth-value of each atomic depends on whether its extension matches a separate standard for its predicate; everything else is computed classically. CL is less radical than Casari’s comparative logics, in (...) that it does not allow for the formation of comparative statements out of truth-functional molecules. It is argued that CL provides a better analysis of predicate vagueness than classical logic, fuzzy logic or supervaluation theory. (shrink)

There are things of which it is true to say that there are no such things. How can we resolve this paradox? Panayot Butchvarov argues that there are objects of reference that are not also entities, where the former must merely be thinkable but the latter must be indefinitely re-identifiable. This paper argues that fictional and many other unreal objects are indeed indefinitely re-identifiable, so they must be counted as existing things on Butchvarov's theory. The paradox is best resolved by (...) distinguishing among domains of existence: Sherlock Holmes exists in the unrestricted domain of objects and in the fictional domain created by Conan Doyle, but not in the domain of the real world. Thus to exist and to be real are different things; all objects exist in some domain, but only real objects really exist. (shrink)

Empirical knowledge exists in the form of antiskeptical conditionals, which are propositions like [if I am not undetectably deceived, then I am holding a pen]. Such conditionals, despite their trivial appearance, have the same essential content as the categorical propositions that we usually discuss, and can serve the same functions in science and practical reasoning. This paper sketches out two versions of a general response to skepticism that employs these conditionals. The first says that our ordinary knowledge attributions can safely (...) be replaced by statements using antiskeptical conditionals, which provides a way around the standard sort of skeptical argument while accepting its soundness with respect to the usual targets. The second analyzes the objects of our ordinary knowledge attributions as antiskeptical conditionals, which allows us to refute, not just evade, the skeptic's argument. Both versions compare favorably to the best-knowncurrent approaches to skepticism, including semantic contextualism. (shrink)

In this paper I provide some formal schemas for the analysis of vague predicates in terms of a set of semantic relations other than classical synonymy, including weak synonymy (as between "large" and "huge"), antonymy (as between "large" and "small"), relativity (as between "large" and "large for a dog"), and a kind of supervenience (as between "large" and "wide" or "long"). All of these relations are representable in the simple comparative logic CL, in accordance with the basic formula: the more (...) something is F, the more (or less) it is G. I use Carnapian meaning postulates to define these relations as constraints on interpretations of the formal language of CL. (shrink)

The vagueness or imprecision of ‘the normal’ allows it to be exploited for various purposes and political ends. It is conspicuous in both medicine and athletics; I am going to try to say something about the normal in each of these areas. In medicine the idea of the normal is often deployed in understanding what constitutes disease and hence, as some see it, in determining the role of physicians, in determining what is or ought to be covered by insurance, and (...) in underwriting certain views on social justice. In athletics the use of performance enhancing substances raises different sorts of questions about the normal, especially when it comes to deciding what constitutes an enhancement and which enhancements, if any, are acceptable. (shrink)