Process reliabilism is a theory about ex post justification, the justification of a doxastic attitude one has, such as belief. It says roughly that a justified belief is a belief formed by a reliable process. It is not a theory about ex ante justification, one’s justification for having a particular attitude toward a proposition, an attitude one might lack. But many reliabilists supplement their theory such that it explains ex ante justification in terms (...) of reliable processes. In this paper I argue that the main way reliabilists supplement their theory fails. In the absence of an alternative, reliabilism does not account for ex ante justification. (shrink)

Goldman, though still a reliabilist, has made some recent concessions to evidentialist epistemologies. I agree that reliabilism is most plausible when it incorporates certain evidentialist elements, but I try to minimize the evidentialist component. I argue that fewer beliefs require evidence than Goldman thinks, that Goldman should construe evidential fit in process reliabilist terms, rather than the way he does, and that this process reliabilist understanding of evidence illuminates such important epistemological concepts as propositional justification, ex ante (...) class='Hi'>justification, and defeat. (shrink)

In this chapter, the author regards reliabilism as one of the major achievements of twentieth century philosophy and Alvin Goldman as one of the chief architects of this important theory. It focuses on three related issues in Goldman's epistemology. Goldman has recently been making friendly overtures toward evidentialist epistemologies, and although the author agrees that reliabilism needs some kind of evidentialist element. More specifically, the author think he concedes too much to the evidentialist. In particular, he concedes: that a great (...) many beliefs cannot be justified without evidence, in particular, that some beliefs require nondoxastic evidence; that evidential fit can be understood in non‐process‐reliabilist terms, and that the aforementioned or some similar understanding of evidential fit makes sense of propositional, or ex ante, justification. Goldman has never lost sight of the epistemic significance of ways of coming to believe, and he is well aware of the differences between process reliabilism and indicator reliabilism. (shrink)

Anna Mahtani describes a puzzle meant to show that the Ex-Ante Pareto Principle is incomplete as it stands and, since it cannot be completed in a satisfactory manner, decades of debate in welfare economics and ethics are undermined. In this paper, we provide a better solution to the puzzle which saves the Ex-Ante Pareto Principle from this challenge. We also explain how the plausibility of our solution is reinforced by its similarity to a standard solution to an analogous (...) puzzle in quantified epistemic logic. We also show that even if the puzzle were to remain unsolved, its impact on welfare economics and ethics would be limited. (shrink)

According to contractualist theories in ethics, whether an action is wrong is determined by whether it could be justified to others on grounds no one could reasonably reject. Contractualists then think that reasonable rejectability of principles depends on the strength of the personal objections individuals can make to them. There is, however, a deep disagreement between contractualists concerning from which temporal perspective the relevant objections to different principles are to be made. Are they to be made on the basis of (...) the prospects the principles give to different individuals ex ante or on the basis of the outcomes of the principles ex post? Both answers have been found to be problematic. The ex ante views make irrelevant information about personal identity morally significant and lead to objectionable ex ante rules, whereas ex post views lead to counterintuitive results in the so-called different harm and social risk imposition cases. The aim of this article is to provide a new synthesis of these views that can avoid the problems of the previous alternatives. I call the proposal ‘risk-acknowledging’ ex post contractualism. The crux of the view is to take into account in the comparisons of different objections both the realized harms and the risks under which individuals have to live. (shrink)

Prioritarianism is a variant of utilitarianism. It differs from utilitarianism in that benefiting individuals matters more the worse off these individuals are. On this view, there are two standard ways of handling risky prospects: Ex-Post Prioritarianism adjusts for prioritizing the worse off in final outcomes and then values prospects by the expectation of the sum total of those adjusted values, whereas Ex-Ante Prioritarianism adjusts for prioritizing the worse off on each individual's expectation and then values prospects by the sum (...) total of those adjusted expectations. A standard objection to Ex-Post Prioritarianism is that it violates Ex-Ante Pareto, that is, it prescribes choices that worsen the expectations for everyone. In this article, I argue that Ex-Ante Prioritarianism suffers from much the same problem: it violates a sequential version of Ex-Ante Pareto, that is, it prescribes sequences of choices that worsen the expectations for everyone. (shrink)

The concept of ‘pareto superiority’ plays a central role in ethics, economics, and law. Pareto superiority is sometimes taken as a relation between outcomes, and sometimes as a relation between actions—even where the outcomes of the actions are uncertain. Whether one action is classed as (ex ante) pareto superior to another depends on the prospects under the actions for each person concerned. I argue that a person’s prospects (in this context) can depend on how that person is designated. Without (...) any constraints on acceptable designators, then, the concept of pareto superiority is ill defined and gives inconsistent results. I consider various ways of completing the definition and draw out some surprising implications. (shrink)

Ex ante contractualism holds that in situations involving risk we ought to act in accordance with principles that license the action that satisfies the strongest individual claim, where those claims are a function of the expected value that a given policy gives each person ex ante. I here challenge ex ante contractualism on contractualist grounds. I argue that adopting ex ante contractualism would have far reaching implications that contractualists, or many nonconsequentialist in general, would find very (...) hard to accept. I conclude that to block these implications, contractualists should adopt an ex post approach to deal with decisions under risk. (shrink)

Philippe Van Parijs’s ethical justification of basic income is based on the argument that job resources must be shared equally. Underlying this idea are two important claims: (1) all individuals in society hold an ex. ante entitlement in job resources and (2) job resources are tradable: First, I present the real-libertarian argument for sharing job resources. Next, I identify and critically review three different objections against this view: the liability objection, the cooperation objection and the parasitism objection. I (...) believe the parasitism objection poses a serious challenge to basic income, and argue that Van Parijs’s most plausible response-based on the idea that job resources are socially owned-is flawed. I provide the outline of an alternative normative basis for grounding a person's ex ante entitlement to job resources using an institutionalist approach. (shrink)

For states attempting to bring internal conflicts to an end prudence dictates favouring only those practices that are most likely to promote domestic stability. Typically, this requires employing a...

This paper is part of an attempt to clarify the relationship between explanatory reasons and justificatory reasons for actions of various kinds. It draws on a distinction between two notions of rationalization, viz., ex ante and ex post rationalization, to recast the akratic case on the one hand and to explicate an adequate sense in which an explanatory but non-justificatory reason for an action rationalizes the latter on the other hand. The explication is helped by analysis of a hypothetical (...) example, and the name "quasi-rational" is legitimated for the type of actions this example represents. Last, but not least, the paper demonstrates that an implication of the argument is the falsity of one well-known principle in Davidson's action theory, i.e., the principle claiming that the (primary) reason for an action is also its cause. (shrink)

A dogma accepted in many ethical, religious, and legal frameworks is that the reasons behind conscientious objection (CO) in healthcare cannot be evaluated or judged by any institution because conscience is individual and autonomous. This paper shows that this background view is mistaken: the requirement to reveal and explain the reasons for conscientious objection in healthcare is ethically justified and legally desirable. Referring to real healthcare cases and legal regulations, this paper argues that these reasons should be evaluated either ex (...) ante or ex post and defends novel conceptual claims that have not been analyzed in the debates on CO. First, a moral threshold requirement: CO is only justified if the reasons behind a refusal are of a moral nature and meet a certain threshold of moral importance. Second, this paper considers the rarely discussed conceptual similarities between CO in healthcare and the legal regulations concerning military refusals that place the burden of proof on conscientious objectors. This paper concludes that conscientious objection in healthcare can be accommodated only in some cases of destroying or killing human organisms. (shrink)

Frances Kamm distinguishes between changes or enhancements that are made before a child exists (ex ante changes) and those that are made once a child exists (ex post changes), and she argues that ex ante changes do not show disrespect or, as Michael Sandel would put it, lack of love, for a person, since the person does not yet exist. In this paper, I argue that it is important to distinguish between ex ante enhancements that are morally (...) neutral and those that are morally dubious, and that the latter ones are morally objectionable even if the persons do not yet exist. (shrink)

This chapter discusses desire theory and how the temporal gap between desires and the states of affairs that satisfy them affects this theory. Satisfaction is not that important in desire theory because even if getting what we want fails to satisfy, we are better off for having got it. The rationale for rejecting hedonistic accounts of well-being in favor of desire theories is the intuition that states of affairs that are not “like” anything for us can harm and benefit us. (...) Sumner, however, suggests that even if we grant the desire theorist’s fundamental assumption that they can make a difference to our well-being, the prospective character of desire, which opens a temporal gap between desires and the states of affairs that satisfy them, undermines the account. (shrink)

Cushman characterizes rationalization as the inverse of rational reasoning, but this distinction is psychologically questionable. Coherence-based reasoning highlights a subtler form of bidirectionality: By distorting task attributes to make one course of action appear superior to its rivals, a patina of rationality is bestowed on the choice. This mechanism drives choice and action, rather than just following in their wake.

Users’ non-sustainable consumption behaviors are affecting the sustainability of access-based services, but ABS firms can utilize messaging strategies to persuade users to curtail their non-sustainable consumption behaviors. Through two online scenario-based experiments in China, this study determined that: Compared with rational appeal messaging, emotional appeal messaging is better able to persuade consumers to curtail non-sustainable consumption behaviors. Furthermore, loss-framed messages are more effective than gain-framed ones. Message appeal and message framing have an interactive persuasive effect on reducing such consumer behaviors. (...) Loss-framed rational appeal messages are more persuasive at reducing non-sustainable consumption behaviors than gain-framed rational appeal messages, and gain-framed emotional appeal messages persuade consumers to reduce non-sustainable consumption behaviors more than loss-framed ones. Consumers’ psychological ownership moderates the persuasive effect of messaging. Among consumers with a high level of psychological ownership of shared goods, only gain-framed emotional appeal messaging is effective at reducing non-sustainable consumption behaviors, whereas among consumers with low psychological ownership, the persuasive effect of loss-framed rational appeal messaging is more effective than gain-framed emotional appeal messaging. This study extends the research on non-sustainable consumption behavior management in ABSs and provides important inspiration for the management of ABSs consumer behavior. (shrink)

Kuyumcuoglu argues that defenders of sweatshop regulations should reject consequentialism and accept an ex ante interpretation of contractualism instead. In this Commentary I show that Kuyumcuoglu’s argument doesn’t succeed. Defenders of sweatshops shouldn’t become ex ante contractualists because its advantages on this issue are more apparent than real.

Le Droit est aujourd'hui placé devant un impératif stratégique : tourner sa force vers le futur, pour faire face à des enjeux (numérique et climat) sur lesquels la loi et le contrat n'ont pas l'emprise requise, puisque trop locale ou trop peu systémique, tandis que la responsabilité ex post n'est pas adéquate face à l'irréparable. La responsabilité se saisit donc de l'avenir, le juge devenant le personnage central du monde sans qu'il l'ait voulu. Ce déplacement dans le temps peut continuer (...) à s'ancrer dans le passé, du fait d'engagements des États ou des entreprises. Mais cette responsabilité pour le futur engendrant une obligation non de réparer mais de faire peut venir plus directement encore du seul fait que l'entité visée est « en position » d'agir pour qu'autrui soit préservé. Preuves préconstituées, office ex ante du juge, devoir pour autrui mais aussi pouvoirs de l'entreprise et de l'État pour porter cette responsabilité ex ante, pilier du droit de la compliance, droit de l'avenir, sont les nouvelles règles qui se mettent en place. (shrink)

최근 일군의 철학자들은 스캔런의 계약주의가 이른바 사후적인 도덕이론이 아니라 사전적인 것으로 해석되어야 한다고 주장한다. 사전적 계약주의는 어떤 원칙이 개인에게 부과하는 이득이나 해악의 기대값의 관점에서 해당 원칙을 정당화하는 구조를 지닌다. 이런 최근의 경향은, 사후적이 아닌 사전적 계약주의가 위태롭게 하는 행위의 허용 가능성에 대해 최선의 설명을 제공해줄 수 있다는 인식에서 비롯되었다. 본고의 주된 목표는 사전적 계약주의를 옹호하는 기존 시도들의 한계를 극복할 수 있는 새로운 관점을 제시하는 것이다. 필자는 기존 연구에서 큰 관심을 받지 못한 예방조치라는 개념을 강조하며 그것이 사전적 계약주의의 체계 내에 정합적으로 (...) 안착될 수 있음을 보인다. 궁극적으로 필자는 예방조치라는 개념 없이는 위태롭게 하는 행위의 허용 가능성을 제대로 설명할 수 없다고 주장한다. (shrink)

When distributing an indivisible harm or benefit between multiple individuals, all of whom have an equal claim to avoid the harm or receive the benefit, it is commonly thought that one should hold a lottery in order to give each claimant an equal chance of winning. Moreover, it is often said that, by holding a lottery, one makes the resultant outcome inequality between those who receive the harm or benefit and those who do not less unfair than it would otherwise (...) have been. The stated view – the ‘egalitarian mixed view’ – claims that the unfairness of a brute luck ex post distribution is a function of both the degree of inequality in the ex post distribution itself, and the degree of inequality in the ex ante distribution of chances from which it is derived. Versions of the view have been prominently endorsed by a number of authors, including Arneson, Broome, Diamond, Lang, Otsuka, Parfit, and Temkin. The appeal of the view is linked to its apparent promise to accommodate intuitions that have been thought to threaten views which link the fairness of an outcome either solely to the ex ante distribution or solely to the ex post distribution. I argue, to the contrary, that the egalitarian mixed view is mistaken. In particular, I argue that the distinction at the heart of the view – that between outcomes and changes to probabilities – is morally arbitrary at best and incoherent at worst. I consider possible responses to the charge and find them wanting. I note that the failure of the egalitarian mixed view has significant consequences for policy, including most importantly for how we should interpret the goal of fair equality of opportunity. (shrink)

It is well known that there is a conflict between three intuitive principles for the evaluation of risky prospects in distributional contexts, Ex-Post Egalitarianism, Ex-Ante Pareto and Dominance. In this paper, I return to Peter Diamond’s suggestion that we reject Dominance as a principle of rationality in distributional contexts and present a new argument in support of this position. The argument is based on an observation regarding the right way for a distributor to weigh reasons for actions. In some (...) cases, I argue, reasons for action that are grounded in the interests of one of the patients ought to be disregarded by the distributor. These cases share the following property: it is in the patient’s overall interest that the distributor disregards them. I show that Dominance does not permit distributors to disregard such reasons and use this observation to argue against the claim that Dominance is a principle of rationality in distributional contexts. (shrink)

First, Mahtani argues that both in the game The Mug and in the Sleeping Beauty we should not defer to a trusted person under a particular designation if they do not self-identify under this designation. This invites a more complex Reflection Principle. I respond that there are more parsimonious ways to avoid the challenges posed to the Reflection Principle. Second, Mahtani argues that preferences create a hyperintensional context, which poses a challenge to the Ex-Ante Pareto Principle that can be (...) averted by supervaluation. I respond that such an appeal to supervaluation would block randomization as a fair allocation device. (shrink)

The ex ante Pareto principle has an intuitive pull, and it has been a principle of central importance since Harsanyi’s defence of utilitarianism. The principle has been used to criticize and refine a range of positions in welfare economics, including egalitarianism and prioritarianism. But this principle faces a serious problem. I have argued elsewhere :303-323 2017) that the concept of ex ante Pareto superiority is not well defined, because its application in a choice situation concerning a fixed population (...) can depend on how the members of that population are designated. I show in this paper that in almost all cases of policy choice, there will be numerous sets of rival designators for the same fixed population. I explore two ways that we might complete the definition of ex ante Pareto superiority. I call these the ‘supervaluationist’ reading and the ‘subvaluationist’ reading. I reject the subvaluationist reading as uncharitable, and argue that the supervaluationist reading is the most promising interpretation of the ex ante Pareto principle. I end by exploring some of the implications of this principle for prioritarianism and egalitarianism. (shrink)

Policy-makers must sometimes choose between an alternative which has somewhat lower expected value for each person, but which will substantially improve the outcomes of the worst off, or an alternative which has somewhat higher expected value for each person, but which will leave those who end up worst off substantially less well off. The popular ex ante Pareto principle requires the choice of the alternative with higher expected utility for each. We argue that ex ante Pareto ought to (...) be rejected because it conflicts with the requirement that, when possible, one ought to decide as one would with full information. We apply our argument in an analysis of US policy on screening for breast cancer. -/- . (shrink)

In this note, I provide an axiomatic characterization of the relative utilitarian bargaining solution to Nash bargaining problems. The solution is obtained when Nash’s independence of irrelevant alternatives axiom is replaced by the weak linearity axiom, while retaining the other three axioms. RU maximizes the sum of proportional gains, or, equivalently, minimizes the sum of proportional losses. RU is scale invariant and compared to the Nash and Kalai and Smorodinsky solutions, it is ex ante efficient when the bargaining problem (...) is considered as a lottery of future bargaining problems. (shrink)

El giro afectivo ingresó como matriz de discusión conceptual durante el pasaje entre los siglos XX y XXI y, entre muchos otros debates, argumentó a favor de la productividad de la distinción entre afecto y emoción. El objetivo de este trabajo es señalar el tipo de intervención que sobre la cuestión desarrolló la filosofía feminista antes de la irrupción de esta tradición y, en segundo lugar, establecer qué contenido se le puede dar en este marco a la idea de agencia. (...) El nodo del argumento obliga a recorrer una serie de intervenciones fundamentales de la filósofa feminista Iris Marion Young quien, de acuerdo con mi evaluación, señaló algunos de los efectos políticos problemáticos de ciertos argumentos que, hasta el día de hoy, conforman el corazón del giro afectivo en su versión más ortodoxa. (shrink)

This paper considers the tension between timelessness and timeboundedness in legal interpretation, examining parallels between sacred texts and secular law. It is argued that familiar dualities such as those between statute and judge-made law, law and equity, written and spoken discourse, dictionary meaning versus intended or contextual meaning, can be examined using this timeless/timebounded framework. Two landmark English cases, DPP v Shaw (1961) and R v R (1991) are analyzed as illustrating contrasting aspects of the socio-legal politics of “reasoning backwards”. (...) The related temporal distinction between ex ante and ex post points of view is examined both within legal theory and as a key issue for linguistic and semiotic systems. The argument is made that this distinction is the key to a wide range of methodological and theoretical problems in relating linguistics and semiotics to law. (shrink)

Closure principles loom large in recent internalist critiques of epistemic externalism. Cohen (Philos Phenomenol Res 65:309–329, 2002, Philos Phenomenol Res 70:417–430, 2005), Vogel (J Philos 97:602–623, 2000), and Fumerton (Meta-Epistemology and skepticism. Rowman and Littlefield, Lanham, 1995) argue that, given closure, epistemic externalism is committed to the possibility of implausibly easy knowledge. By contrast, Zalabardo (Philos Rev 114:33–61, 2005) proposes that epistemic closure actually precludes the possibility of easy knowledge, and appeals to closure principles to solve the problem of easy (...) knowledge. In my view, disagreement over closure’s bearing on externalism and the problem of easy knowledge is rooted in a failure to bear in mind the familiar distinction between ex ante and ex post forms of epistemic justification and warrant. When this distinction is kept in focus, the result is clear: epistemic closure provides no relief from the problem of easy knowledge. (shrink)

ABSTRACT Self-fulfilling beliefs are, in at least some cases, a kind of belief that is rational to form and hold in the absence of evidence. The rationality of such beliefs have significant implications for a range of debates in epistemology. Most startlingly, it undermines the idea that having sufficient evidence for the truth of is necessary for it to be rational to believe that. The rationality of self-fulfilling beliefs is here defended against the idea that their rationality is incompatible with (...) a compelling closure principle. (shrink)

The Common Prior Assumption (CPA) plays an important role in game theory and the economics of information. It is the basic assumption behind decision-theoretic justifications of equilibrium reasoning in games (Aumann, 1987, Aumann and Brandenburger, 1995) and no-trade results with asymmetric information (Milgrom and Stokey, 1982). Recently several authors (Dekel and Gul, 1997, Gul, 1996, Lipman, 1995) have questioned whether the CPA is meaningful in situations of incomplete information, where there is no ex ante stage and where the primitives (...) of the model are the individuals' beliefs about the external world (their first-order beliefs), their beliefs about the other individuals' beliefs (second-order beliefs), etc., i.e. their hierarchies of beliefs. In this context, the CPA is a mathematical property whose conceptual content is not clear. The main results of this paper (Theorems 1 and 2) provide a characterization of Harsanyi consistency in terms of properties of the belief hierarchies that are entirely unrelated to the idea of an ex ante stage. (shrink)

Résumé La défense du marché dans la tradition socialiste libérale est instrumentale : le marché est toléré lorsqu’il permet de produire des richesses en abondance que l’on peut redistribuer ex post. De son côté, la justification républicaine du marché, telle que présentée dans les travaux de Pettit, vise à réduire la domination dans l’échange. Cet article soutient qu’une telle justification nécessite d’être renforcée en l’adossant à un égalitarisme matériel, garant d’un échange entre égaux, établi ex ante.

This Article argues that when credit suppliers market and advertise their credit products, they utilize and enhance consumers’ cognitive biases, particularly their optimism bias and illusion of control. We apply the concept of manipulation to this practice. The biased and manipulated debtors attribute unrealistically low probability to negative life events, such as job loss, illness, accident or divorce, and high probability to positive life events. As a result of the manipulation, the biased debtors are triggered to borrow more than they (...) would have borrowed otherwise. This additional borrowing may contribute to the default of these debtors and to their eventual bankruptcy. Empirical studies of the causes of bankruptcy show that before their default, bankrupts have often experienced negative life events that decrease income, increase expenses, or both. The bias and its manipulation justify legal intervention. The Article discusses various justifications for legal intervention and offers tentative and partial prescriptions for intervention. It analyzes the comparative advantages and shortcomings of ex ante intervention, in the form of regulation of credit marketing practices and credit contracts, of tax and insurance, and ex post intervention, at the bankruptcy stage. Its main contribution is in bringing together bodies of literature on cognitive biases, consumer decision making, lifecycle, social influence, advertising and marketing, behavioral law and economics, economic analysis of bankruptcy and socio-legal studies of bankruptcy. By combining these bodies of literature, the Article provides a new perspective on bankruptcy and credit and offers a promising framework for future work. (shrink)

Ticking time-bomb cases famously—or infamously—invite us to imagine a scenario wherein the torture of one guilty terrorist will lead to the acquisition of information that can be used to save the lives of many innocents. Despite the contemporary focus on such cases, they have a long tradition, dating to the early 1800s. And, throughout their history, they have appeared in various guises, from the literary to the public to the philosophical. The principal moral question suggested by these cases is whether (...) one harm can be effected such that a worse one is not; while there is certainly dissent, most moral philosophers would answer this question in the affirmative. That said, there is substantial doubt as to whether torture would be the lesser harm or, more generally, whether ticking time-bomb cases gain any purchase in the real world or are otherwise relegated to philosophical fiction. But even if they gain such purchase, then what? In other words, even if torture can be morally justified in exceptional cases, should we authorize it? I n the literature—and conceptually—there are three basic approaches to authorizing torture. The first is not to authorize it at all, which is to say that torture—even if justified—requires some sort of punishable civil disobedience . Another approach is to authorize torture ex ante, such as through torture warrants. On this approach, torture remains prohibited except for when a judge grants permission for its application. Torture warrants have been defended by Alan Dershowitz, and we will evaluate that debate . Finally, torture can be legitimized ex post, which is to say that torture remains illegal but can nevertheless be justified or excused; our discussion will focus on the justifications of self-defense and necessity. (shrink)

This paper examines whether firms strategically legitimize large labor dismissals by performing ex-ante downward earnings management. We further assess whether the effect is larger under stakeholder pressure and whether these practices influence the external perception of firms’ behavior. As laying off employees without an economic reason is perceived as a breach of the social contract, stakeholders pressure firms to provide economic justification for LLDs. We argue that firms strategically legitimize LLDs by artificially worsening their financial performance through downward (...) earnings management. From a sample of European listed firms for the period 1998–2014, using a propensity score matching model to control for differences in observable characteristics between LLD and non-LLD firms, we find that firms manage their earnings downward in the year prior to LLDs. These results are more pronounced in the presence of high stakeholder pressure. As such, firms with stronger trade unions, higher visibility, stricter employment protection legislation, and more stakeholder-oriented legal environments have stronger incentives to manage earnings downward before LLDs. Finally, we document that downward earnings management prior to LLDs is effective at legitimizing LLDs, offsetting the negative external perceptions of firms in the aftermath of LLDs. This study contributes to the business ethics literature by identifying unintended consequences of stakeholder pressure around LLDs. It also brings important empirical insights into how ethically questionable decisions are strategically legitimized through further unethical practices. (shrink)

In this paper, I argue that a constitutionalized Harm Principle could ensure that people are not jailed unless they deserve it. I do not aim to outline every possible type of bad consequence beyond harm that might be sufficiently serious to justify criminalization. Instead, I focus on criminalization that is backed up with jail terms and I argue that wrongful harm to others provides the only moral and constitutional justification for sending people to jail. Imprisonment harms the prisoner, so (...) she should not be imprisoned unless she has caused proportionate harm to others. I argue that the sufficient conditions for sending an offender to jail are: (1) that the offender's actions have (or risk) bad consequences that are sufficiently harmful to make her commensurately deserving of penal detention; and (2) that the offender culpably (that is, with a state of mind somewhere along the intentional/reckless/gross negligence continuum) chose (aimed or attempted) to bring about those bad consequences or did so with reckless indifference. The lawmaker would need to demonstrate from the ex ante perspective that proposed offenses carrying jail sentences are a proportionate and fair way of dealing with the wrongs involved. Because jail (including short sentences of a few days) involves hard treatment (seriously harmful consequences for the prisoner) harm to others would be the only bad consequence of sufficient weight to justify a jail sentence. Jailing people for wrongful behavior that has harmless consequences would be an unjust and disproportionate response. In terms of understanding imprisonment (a physical deprivation of liberty) in the United States, it is better to refer to the Eighth Amendment of the Constitution than to the Due Process Clause. The Eighth Amendment, if read morally, could be invoked to strike down laws that carry prison sentences for wrongs that do not result in harm to others. This is because harming a person by subjecting her to the hard treatment that is involved in serving a jail term would be a disproportionate response unless the wrongdoer inflicted equivalent harm on others. I argue, that the Eighth Amendment should be interpreted in a way that accords with its overall moral aim or purpose. The Amendment's overall moral aim is to ensure that the state does not inflict unjust, oppressive, or disproportional punishments on its citizens. (shrink)

Dans «A Society of Individuals», j’esquisse une société qui n’a pas de bien propre, pas de fin sociale, mais qui existe plutôt pour permettre à chacun de ses membres de mieux poursuivre son propre bien, facilitant la coopération et résolvant le problème d’interaction de base, à savoir le fait que la maximisation de l’utilité et l’optimisation Pareto sont parfois incompatibles. Le point de vue orthodoxe défend la rationalité de la maximisation; je défends l’optimisation Pareto. Je soutiens que si nous pouvions (...) fixer les caractéristiques de notre société par un accord préalable, nous nous entendrions sur une société d’individus, et que le fait que nous nous entendions ex ante sur une certaine pratique sociale ou institution est la meilleure justification possible qu’elle constitue pour nous une norme.J’esquisse ensuite quelques-unes des caractéristiques principales de cette société. En faisant cela, je suppose que les membres de la société ne sont pas tous adeptes du contractarianisme, mais qu’ils peuvent soutenir différentes conceptions raisonnables que la société doit chercher à accommoder. Je considère la façon dont plusieurs prétendus droits, comme un droit à certaines ressources, seraient vus dans la société. Et je conclus avec l’idée que le contractarianisme, en faisant valoir que chaque membre adulte de la société doit bénéficier d’une citoyenneté égale, doit permettre à chacun de participer au choix et à la destitution des gouvernements. On peut alors penser que l’émergence d’une société d’individus constitue l’accomplissement de l’idéal démocratique. (shrink)

Unreasonable expectations about the nature and character of scientific knowledge support the widespread political assumption that predictive scientific assessments are a necessary precursor to environmental decision making. All too often, the practical outcome of this assumption is that scientific uncertainty becomes a ready-made dodge for what is in reality just a difficult political decision. Interdisciplinary assessments necessary to address complex environmental policy issues invariably result in findings that are inherently contestable, especially when applied in the unrestrained realm of partisan politics. (...) In this article, the authors argue that predictive scientific assessments are inherently limited in the extent to which they can guide policy development and that rigorous scientific assessments can be much more valuable in the role of ex post policy evaluation than they can in the context of ex ante policy formulation. (shrink)

There seem to be some misunderstandings abroad in the literature about medical epistemology and person-centered medicine concerning the nature of 'modest' or aetiological foundationalism, and some vagueness about 'emergence'. This paper urges a greater tolerance for a modest, Humean variety of foundationalism, not least because it seems to offer significant support for person-centred medicine. It also suggests a closer examination of emergence as an explanation or justification for medicine, since emergence is a complex concept that does nothing to rule (...) out foundationalism. Foundationalism has been condemned tout court without recognizing that it comes in various styles and degrees. Emergence has been used as a property of medicine to dismiss any need to seek its foundations. But emergence too comes in different forms, not all of them at odds with modest foundationalism. Modest or aetiological foundationalism is far more flexible than Cartesian foundationalism, and is compatible with modern understandings of emergence. Modest foundationalism and a particular understanding of emergence support the ontological and epistemological underpinning of person-centered medicine. (shrink)

This article examines the concepts of retrospective and retroactive—both forms of ex post facto—law. It shows that although the distinction between retrospective and prospective law is difficult to draw (given that laws generally alter rights), the classification of particular laws as retrospective is not arbitrary, since the proposition that only some legal rules interfere with “vested” rights is, while vague, not meaningless. Retroactive legislation is recognized to attract a long list of objections. The article seeks to identify and assess those (...) objections, and to provide a comprehensive account of the various possible (if invariably limited) justifications for retroactivity. The conclusion offers some brief reflections on why the complaint that a law operates ex post facto is less likely to be directed at a judicial decision than at a statute. (shrink)

The relation between ex falso and disjunctive syllogism, or even the justification of ex falso based on disjunctive syllogism, is an old topic in the history of logic. This old topic reappears in contemporary logic since the introduction of minimal logic by Johansson. The disjunctive syllogism seems to be part of our general non-problematic inferential practices and superficially it does not seem to be related to or to depend on our acceptance of the frequently disputable ex falso rule. We (...) know that the acceptance of the ex falso is a sufficient condition for the acceptance of the disjunctive syllogism, but the interesting question is: is the ex falso a necessary condition for the acceptance of the disjunctive syllogism? The aim of the present paper is to discuss some possible ways to define systems that combines the preservation of the disjunctive syllogism with the rejection of the ex falso. (shrink)

Most foundationalists allow that relations of coherence among antecedently justified beliefs can enhance their overall level of justification or warrant. In light of this, some coherentists ask the following question: if coherence can elevate the epistemic status of a set of beliefs, what prevents it from generating warrant entirely on its own? Why do we need the foundationalist’s basic beliefs? I address that question here, drawing lessons from an instructive series of attempts to reconstruct within the probability calculus the (...) classical problem of independent witnesses who corroborate each other’s testimony. Starred section headings indicate sections omitted here, but available on the author’s USC website. (shrink)

Suppose n Bayesian agents need to make a decision as a group. The groupas a whole is also supposed to be a Bayesian agent whose probabilities andutilities are derived or aggregated in reasonable ways from the probabilitiesand utilities of the group members. The aggregation could beex ante, i.e., interms of expected utilities, or it could be ex post, i.e., in terms of utilitiesonly, or in terms of utilities and probabilities separately. This study exploresthe ex post approach. Using the Bolker/Jeffrey (...) framework, we show thatex post aggregation is subject to an instability phenomenon. That is, it mayhappen that the group preference between actions ``flips back and forth'''' dependingon the level of detail in which the decision problem is described. Structurally verysimilar phenomena also occur elsewhere in social choice theory, in statistics (Simpson''sParadox), and in voting theory (Ostrogorski''s Paradox). (shrink)