Some key political challenges today, e.g. climate change, are future oriented. The intergenerational setting differs in some notable ways from the intragenerational one, creating obstacles to theorizing about intergenerational justice. One concern is that as the circumstances of justice do not pertain intergenerationally, intergenerational justice is not meaningful. In this paper, I scrutinize this worry by analysing the presentations of the doctrine of the circumstances of justice by David Hume and John Rawls. I argue that we should accept the upshot (...) of their idea, that justice is context sensitive, even if this at first sight seems to invalidate intergenerational justice. On the basis of moral constructivism, I subsequently provide a fresh reading of the doctrine according to which it conveys the idea that justice is the solution to a practical problem. However, as the problem background is evolving, we need to properly characterize the relevant practical problem in order to make ethical theorizing relevant. Contrary to what has been claimed, the circumstances of justice do not then clash with intergenerational justice, but are the necessary presuppositions for its advancement. (shrink)

Abstract:Should the responsibilities of business managers be understood independently of the social circumstances and “market forces” that surround them, or (in accord with empiricism and the social sciences) are agents and their choices shaped by their circumstances, free only insofar as they act in accordance with antecedently established dispositions, their “character”? Virtue ethics, of which I consider myself a proponent, shares with empiricism this emphasis on character as well as an affinity with the social sciences. But recent criticisms of both (...) empiricist and virtue ethical accounts of character deny even this apparent compromise between agency and environment. Here is an account of character that emphasizes dynamic interaction both in the formation and in the interplay between personal agency and responsibility on the one hand and social pressures and the environment on the other. (shrink)

Alvin Goldman’s paper “What Is Justified Belief" and his book Epistemology and Cognition pioneered reliabilist theories of epistemic justifiedness. In light of counterexamples to necessity and counterexamples to sufficiency, Goldman has offered a number of refinements and modifications. This paper focuses on those refinements that relativize the justification conferring force of a belief-forming process to its reliably producing a high ratio of true beliefs over falsehoods in special circumstances: reliability in the actual world, in normal worlds, and in nonmanipulated environments. (...) This paper argues that Goldman’s refinements fall short and suggests instead the relativization to reliability in normal circumstances. Normal circumstances are those where the belief-forming process acquired the etiological function of reliably inducing true beliefs. This theory invites the Swampman objection. Two lines of response are pursued. (shrink)

This paper identifies a distinctive kind of moral luck, deep circumstantial luck and then explores its effects on moral responsibility. A key feature of the phenomenon is that it is recurrent rather than one-off. It also affects agents across a wide range of situations making it difficult to detect. Deeply unlucky agents are subject to unfavourable moral assessments through no fault of their own both in specific cases and when they try to respond to such initial assessments. In this respect, (...) deep circumstantial luck takes the form of a normative burden that grows over time. A process-oriented conception of moral responsibility as answerability is proposed to explain this phenomenon and highlight its implications for rethinking vicarious responsibility. (shrink)

The word ‘environment’ has a history. Before the mid-nineteenth century, the idea of a singular, abstract entity—the organism—interacting with another singular, abstract entity—the environment—was virtually unknown. In this paper I trace how the idea of a plurality of external conditions or circumstances was replaced by the idea of a singular environment. The central figure behind this shift, at least in Anglo-American intellectual life, was the philosopher Herbert Spencer. I examine Spencer’s work from 1840 to 1855, demonstrating that he was exposed (...) to a variety of discussions of the ‘force of circumstances’ in this period, and was decisively influenced by the ideas of Auguste Comte in the years preceding the publication of Principles of psychology (1855). It is this latter work that popularized the word ‘environment’ and the corresponding idea of organism–environment interaction—an idea with important metaphysical and methodological implications. Spencer introduced into the English-speaking world one of our most enduring dichotomies: organism and environment. (shrink)

This article is a reply to Venkatapuram's critique in his article Health, Vital Goals, Capabilities, this volume. I take issue mainly with three critical points put forward by Venkatapuram with regard to my theory of health. (1) I deny that the contents of my vital goals are relative to each community or context, as Venkatapuram claims. There is no conceptual connection at all between standard circumstances and vital goals, as I understand these concepts. (2) Venkatapuram notes that I stop short (...) of filling the framework of vital goals with any content and thereby make my concept of health less concrete. I reply that some vital goals are indeed universal, viz. the ones which are necessary conditions for survival. Many other vital goals are individual and cannot therefore be included in a universal list. (3) Venkatapuram claims that my definition of vital goals is too broad, since it entails that some persons without any disease can be regarded as ill. However, in my understanding health is a relational concept from a state of complete health to a state of maximal illness. In this framework, a minor reduction of a state of complete health does not entail illness. This article also contains a comparison between my theory of health and Martha Nussbaum's theory of capabilities for dignity. (shrink)

Many recent political philosophers have attempted to demonstrate that choice and responsibility can be incorporated into the framework of an egalitarian theory of distributive justice. This article argues, however, that the project of developing a responsibility-based conception of egalitarian justice is misconceived. The project represents an attempt to defuse conservative criticism of the welfare state and of egalitarian liberalism more generally. But by mimicking the conservative’s emphasis on choice and responsibility, advocates of responsibility-based egalitarianism unwittingly inherit the conservative’s unsustainable justificatory (...) ambitions, unattractive moralism, and questionable metaphysical commitments. More importantly, they misrepresent the nature of our concern with equality as a value. (shrink)

Liberal political theory sees justice as the "first virtue" of a good society, the virtue that guides individuals' conceptions of their own good, and protects the equal liberty of all to pursue their ends, so long as these ends and pursuits are just. But ever since Marx's declaration that "liberty as a right of man is not founded upon the relations between man and man, but rather upon the separation of man from man...,"i liberal society has been frequently criticized for (...) falling seriously short of the conditions of a good society.ii A prominent recent criticism of this sort has been voiced by "communitarians," who charge that the primacy of rights in liberalism reveals a failure to appreciate the value of friendship and community, and tends to undermine their possibility.iii My aim in this paper is to defend liberal political theory, understood as the theory that justifies a polity of individual rights and justice, against this charge.iv My main argument will be directed at the assumption that there is an inherent tension between rights and justice on the one hand, and familial love and friendship on the other. According to the communitarian, two or more individuals constitute a community when they share a common conception of the good, and see this good as partly constitutive of their identities or selves.v Such "constitutive community," in Michael Sandel's words, may be a close friendship or family relationship, or an intermediate association such as a neighborhood organization, or a comprehensive political community. The communitarian charges that in making justice the first virtue of social institutions, liberalism undermines community at all levels, and this for two reasons. First, liberalism demands that we revise or surrender our conceptions of the good - including our attachments and commitments to family and friends - if they should turn out to be unjust. But this demand, the communitarian claims, requires attitudes 2 that are inconsistent with these attachments and commitments.. (shrink)

In this article, I analyze the circumstances of justice, that is, the background conditions that are necessary and sufficient for justice to exist between individual parties in society. Contemporary political philosophers almost unanimously accept an account of these circumstances attributed to David Hume. I argue that the conditions of this standard account are neither sufficient nor necessary conditions for justice. In particular, I contend that both a Hobbesian state of nature and a prisoner’s dilemma are cases in which the conditions (...) of the standard account obtain and yet no justice exists between parties. I propose an alternative set of generic circumstances of justice motivated by examples from game theory. Parties are in these generic circumstances with respect to each other when: (1) they are engaged in a conflictual coordination game with multiple strict Nash equilibrium points where, at any of these equilibria, some parties do not receive their greatest payoffs, and (2) they have common knowledge that each party is rational and follows her end of a strict equilibrium where no party receives her greatest payoff. These two conditions reflect the idea that justice requires all parties to make some sacrifices so that others can have more of the goods they need and want. I argue that these generic circumstances are necessary and sufficient conditions for parties to follow generic norms of justice, that is, mutually beneficial practices that require some sacrifices. Key Words: common knowledge • conflictual coordination • correlated equilibrium • moderate selfishness • moderate variable scarcity • rough equality. (shrink)

Four lectures delivered by the author at the Indian Institute of Advanced Study in 2008.

In 2004, I explained the absurdity of Moore-paradoxical belief via the syllogism (Williams 2004): (1) All circumstances that justify me in believing that p are circumstances that tend to make me believe that p. (2) All circumstances that tend to make me believe that p are circumstances that justify me in believing that I believe that p. (3) All circumstances that justify me in believing that p are circumstances that justify me in believing that I believe that p. I then (...) took (3) to mean (EP) Whatever justifies me in believing that p justifies me in believing that I believe that p.1 Now suppose that I am justified in believing anything of the omissive Mooreparadoxical form: (Om) p and I do not believe that p. Then I am justified in believing the first conjunct. So by (EP) I am justified in believing that I believe that p. But since I am also justified in believing the second conjunct, I am justified in believing that I do not believe that p. I claimed that this is impossible, because anything that justifies me in believing that something is the case renders me unjustified in believing that it is not the case. This syllogism is plausible from an externalist view of justification, according to which circumstances such as seeming to see rain under normal perceptual conditions, justify me in believing that it is raining. In support of (1), if my apparent perceptions of rain are reliably connected with rain, so as to justify me in thinking that it is raining, they also tend to make me believe that it is raining. In support of (2), my apparent perceptions of rain are also reliably connected with my coming to believe that it is raining. However, Anthony Brueckner (2006) argues that (1) and (EP) are both false once justification is thought of evidentially. Against (EP), he claims that my evidence that p is not evidence that I believe that p unless I possess the evidence, in the sense that I believe it and were I to believe that p on its basis. (shrink)

Entre tradiciones y procesos de transformación, asistimos a una poética del pensar del poema extenso en las Antillas hispanas. Desde la “décima”, venida de Europa, se desarrolla una creatividad lingüística por medio de una apertura pragmática, en estrecha relación con la particularidad colonial: entre mito del progreso y mito de la edad de oro. Para entender la inventiva caribeña, recordamos la práctica del Neobarroco, elaborado a base de las confluencias de lo heterogéneo. Vemos como a través de una heteroglosia discursiva, (...) el poema extenso se asienta en este espacio cultural que son las islas antillanas y subrayamos su papel actual en el relato de historias mínimas que alimentan por otro cariz la historia universal. (shrink)

What are the worst conditions under which someone can be virtuous and happy? In this paper, I argue that a minimum threshold of favorable circumstances is necessary for moral virtue and human flourishing or happiness. Stoic and Aristotelian traditions make different and important claims about the role of external circumstances in our moral lives. Retrieving the ancient dispute benefits contemporary ethics. For one, the relevance of external circumstances is an important question for the development of present-day virtue ethics. For another, (...) identifying the minimal ingredients for virtue and happiness is helpful for wider ethical concerns such as discussions of our moral obligations to future generations. After explaining the ancient dispute, I describe categories of circumstances that seem intuitively relevant to virtue and happiness. Then, I investigate which are necessary and examine commonsense examples. I conclude that a minimum threshold of favorable circumstances from the following categories is necessary: the necessities for biological life, cognitive ability, and moral education. (shrink)

What circumstances create the need for an institution that conforms to civil recourse theory? I consider polities that vary in the extent to which they instantiate justice and argue that only a moderately non-ideal polity has a need for such an institution. When a polity gets close to the ideal, the polity needs institutions of corrective justice. When the polity gets very far from the ideal, tort law is at best instrumentally justified. Somewhere in between those two extremes, a civil (...) recourse conception has significant justificatory advantages over both corrective justice and instrumental accounts. Even under these conditions, however, it remains difficult to explain within the confines of civil recourse theory why enforcement of tort law’s primary norms should remain in the hands of the victim. I suggest a possible explanation, but it requires us to jettison the claim that the wrongs of tort law are genuine wrongs. (shrink)

This paper discusses two distinct strategies that have been adopted to provide fine-grained propositions; that is, propositions individuated more finely than sets of possible worlds. One strategy takes propositions to have internal structure, while the other looks beyond possible worlds, and takes propositions to be sets of circumstances, where possible worlds do not exhaust the circumstances. The usual arguments for these positions turn on fineness-of-grain issues: just how finely should propositions be individuated? Here, I compare the two strategies with an (...) eye to the fineness-of-grain question, arguing that when a wide enough range of data is considered, we can see that a circumstance-based approach, properly spelled out, outperforms a structure-based approach in answering the question. (Part of this argument involves spelling out what I take to be a reasonable circumstance-based approach.) An argument to the contrary, due to Soames, is also considered. (shrink)

A sentence is never not in a context. We are never not in a situation. A statute is never not read in the light on some purpose. A set of interpretative assumptions is always in force. A sentence that seems to need no interpretation is already the product of one...No sentence is ever apprehended independently of some or other illocutionary force. Illocutionary force is the key term in speech-act theory. It refers to the way an utterance is taken—as an order, (...) a warning, a promise, a proposal, a request, etc.—and the theory's strongest assertion is that no utterance is ever taken purely, that is, without already having been understood as the performance of some illocutionary act. Consider, as an example, the sentence "I will go." Depending on the context in which it is uttered, "I will go" can be understood as a promise, a threat, a warning, a report, a prediction, etc., but it will always be understood as one of these, and it will never be an unsituated kernel of pure semantic value. In other words, "I will go" does not have a basic or primary meaning which is then put to various illocutionary uses; rather, "I will go" is known only in its illocutionary lives, and in each of them its meaning will be different. Moreover, if the meaning of a sentence is a function of its illocutionary force , and if illocutionary force varies with the circumstances, then illocutionary force is not a property of sentences, but of situations. That is, while a sentence will always have an illocutionary force , the illocutionary force it has will not always be the same. Stanley E. Fish is the author of, among many other works, Is There a Text in This Class? Interpretative Authority in the Classroom and in Literary Criticism, and The Living Temple: George Herbert and Catechizing. His contributions to Critical Inquiry include "Facts and Fictions: A Reply to Ralph Rader" , "Interpreting the Variorum" , "Interpreting 'Interpreting the Variorum'" , "A Reply to John Reichert; or, How to Stop Worrying and Learn to Love Interpretation" , and "One More Time". (shrink)

David Hume famously states, in his A Treatise of Human Nature, “that ’tis only from the selfishness and confin’d generosity of men, along with the scanty provision nature has made for his wants, that justice derives its origin”.1 This is Hume’s summary of the conditions under which the very idea of rules of justice makes practical sense, and he effectively repeats it in the Enquiry Concerning the Principles of Morals.2 To put it briefly at the outset, Hume’s point is simply (...) this: if there was either a superabundance or drastic scarcity of resources, or if everyone were either completely and unfailingly virtuous or completely and unfailingly wicked, we would not need rules. (shrink)

Judgments of well-being across different circumstances and spheres of life exhibit a staggering diversity. Depending on the situation, we use different standards of well-being and even treat it as being constituted by different things. This is true of scientific studies as well as of everyday life. How should we interpret this diversity? I consider three ways of doing so: first, denying the legitimacy of this diversity, second, treating well-being as semantically invariant but differentially realizable, and, third, adopting contextualist semantics for (...) well-being expressions. I reject the first option on the grounds that it is unable to make sense of much of everyday and scientific linguistic practices, and also because it makes the category of well-being insignificant or even otiose for practical purposes. We should thus pick between the second and the third options. I argue that contextualism about well-being is more plausible and faces fewer objections than the differential realization view. I conclude with a discussion of other features of contextualism: it does not imply that well-being is relative to individual taste, it need not result in eliminativism about well-being, nor in scepticism about a general theory of well-being. It does not commit us to an “anything goes” approach, nor does it threaten anarchy and miscommunication. (shrink)

"Evidentialism" is the view that a person's epistemic justification for a doxastic attitude is determined entirely by his or her evidence for the content of that attitude. This paper has two goals. The first is to argue that values and circumstances properly influence epistemic justification, and that evidentialism is therefore untenable, even as an epistemic ideal. The second is to outline a nonevidentialist theory of epistemic justification that avoids the common objection that nonevidentialist theories fail to preserve important distinctions between (...) epistemic justification, on the one hand, and moral and prudential justification, on the other hand. (shrink)

Certain aspects of our situations often influence us in significant and negative ways, without our knowledge (call this claim “situationism”). One possible explanation of their influence is that they affect our abilities. In this paper, we address two main questions. Do these situational factors rid us of our abilities to act on our sufficient reasons? Do situational factors make it more difficult for us to exercise our abilities to act for sufficient reasons? We argue for the answer ‘sometimes’ to both (...) these questions. We then explore the consequences of this view for moral responsibility. (shrink)

An epistemic account of the circumstances of justice allows one to make three important claims about the Humean and Rawlsian ‘standard account’ of those circumstances. First, and contrary to Hume, the possibility and necessity of justice are rooted not in limited beneficence or confined generosity, but in the epistemic insight that the knowledge relevant to deciding what to do with the fruits of social cooperation is for a variety of reasons uncentralisable. Second, and regardless of whether Rawlsian ethical disagreement is (...) more persuasive as a circumstance of justice than Humean confined generosity, it does not explain the possibility and necessity of justice, for the uncentralisability of social knowledge would be decisive even under conditions of unanimity. Finally, the epistemic account not only shows what the circumstances of justice are but, contra Cohen’s critique of the standard account, also provides at least some guidance as to what justice itself may be. (shrink)

Elections are generally considered the only way to create a democratic legislature where direct democracy is not an option. However, in recent years that assumption has been challenged by individuals who claim that lotteries are a democratic way of selecting people for office, elections are aristocratic or oligarchic, not democratic, and that elections as we know them are inadequate if true democracy is prioritized. In opposition to this wave, my paper argues that the assertions made to support the democratic merits (...) of lotteries are unpersuasive. Current evidence that sortition is either more egalitarian or produces epistemically better results than elections is poor. Instead, these assertions illuminate the importance of elections in enabling the constituents of a democracy to reconcile the personal and political dimensions of their lives and, therefore, better reflect citizens’ claims to privacy and equality. The paper begins by recapping the main arguments for treating sortition as a democratic way to select a legislature, outlines their deficiencies, and then turns to what these perceived failings actually suggest about the democratic value of elections. (shrink)

Can Rawlsian theory provide us with an adequate response to the practical question of how we should proceed in the face of widespread and intractable disagreement over matters of justice? Recent criticism of ideal theorizing might make us wonder whether this question highlights another way in which ideal theory can be too far removed from our non-ideal circumstances to provide any practical guidance. Further reflection on it does not show that ideal theory is redundant, but it does indicate that there (...) is a need for a non-ideal theory that does not consist simply in an account of how to apply the principles which are yielded by ideal theory to non-ideal circumstances in the light of what is feasible and an assessment of the costs of implementation. Indeed any non-ideal theory that can adequately address this question will have to be partially autonomous, drawing on a notion of legitimacy that is rather different to the one which lies at the heart of Rawlsian ideal theory. (shrink)

This article discusses the place of integrity in Ronald Dworkin's legal and political philosophy. It presents integrity as a response to certain problems that arise in any society in which more than one contestant view about justice is allowed to determine public policy and legal principle. It also analyzes the relation between integrity and justice, arguing that although integrity requires citizens and officials sometimes to uphold policies or positions they take to be unjust, Dworkin is nevertheless wrong to present them (...) ascompetingpolitical virtues. Instead, integrity operates as a second-level concept, addressing situations that arise in a society where there is disagreement about justice (and where, therefore, there is no uncontroversial account of what justice requires to set against the requirements of integrity). The article concludes with some reflections on the role of individual convictions about justice in context of law and social action. (shrink)

What is the link between patients' rights to NHS treatment and PCTs' duties to live within their budgets? This was the issue in Rogers v Swindon PCT [2006], in which a patient had been denied trastuzamab (Herceptin®) for early-stage breast cancer. In principle, rationing is lawful and PCTs have to make hard choices about spending priorities, but they may not ignore the interests of needy patients in doing so. Rather, they must balance the 'corporate' interests of the PCT with the (...) 'clinical' interests of individuals. One way of doing so is to adopt an Ethical Framework at the macro-level to guide NHS resource allocation, but to also recognize 'exceptional cases' at the micro-level, even if the treatment is generally considered to be a low priority. This article is primarily concerned with these micro-level cases. Patients and clinicians should know how the balance is struck. Such a system operates in Berkshire, but there is plenty of room for debate about how it should develop. (shrink)

A number of authors have suggested that a conditional analysis of dispositions must take roughly the following form: Thing X is disposed to produce response R to stimulus S just in case, if X were exposed to S and surrounding circumstances were auspicious, then X would produce R. The great challenge is cashing out the relevant notion of ‘auspicious circumstances’. I give a general argument which entails that all existing conditional analyses fail, and that there is no satisfactory way to (...) define ‘auspicious circumstances’ just in terms of S, R, and X. Instead, I argue that the auspicious circumstances C for the manifestation of a disposition constitute a third irreducible element of that disposition, and that to pick out (or to ‘individuate’) that disposition one must specify C along with S and R. This enables a new conditional analysis of dispositions that gives intuitively satisfying answers in cases that pose problems for other approaches. (shrink)

A task of any moral theory is to account for both the rigidity and the flexibility of moral rules. Utilitarianism faces the problem of building rigidity into a framework that tends towards objectionable flexibility. Kantianism faces the problem of building flexibility into a framework that tends towards objectionable rigidity. I offer an argument on this front on behalf of Kantians. I show how Kantians can maintain that actions are right and wrong "in themselves," while still maintaining that such actions can (...) be corrupted under certain "nonideal" circumstances. (shrink)

Two recent reports of mice homozygously deleted for cyclin D1 provide unequivocal evidence that the critical G1 cyclin, cyclin D1, is by itself rate‐limiting for growth in some mammalian tissues(1,2). Cyclin D1 knockout mice are small and exhibit behavioral abnormalities. Specific hypoplasias of retinal and mammary tissues suggest an unusual dependence on cyclin D1 function for tissue growth in those organs. The odd coincidences that cyclin D1 functions as the retinoblastoma gene kinase, together with associations between increased cyclin D1 expression (...) and breast cancer, suggest, but do not prove, a special function of cyclin D1 in those tissues. (shrink)

I answer an argument from Charles Travis to the conclusion that minimalism about truth cannot cope with the context sensitivity of words. To do this, I construct a thought experiment involving a community whose language does not manifest context sensitivity, but whose statements do seem to be subject to truth in a minimalist sense.