Expectations play an important role in how people plan their lives and pursue their projects. People living in highly industrialized countries share a way of life that comes with high levels of emissions. Their expectations to be able to continue their projects imply their holding expectations to similarly high future levels of personal emissions. We argue that the frustration or undermining of these expectations would cause them significant harm. Further, the article investigates under what conditions people (...) can be thought to hold legitimate expectations, in particular about permissible levels of future emissions. We distinguish differing theories of understanding these conditions, namely authority-based and justice-based theories, that each allows us to systematically distinguish between legitimate and illegitimate expectations. Furthermore, with respect to individuals’ future permissible emissions we give several reasons for holding that such theories cannot identify a particular expectation to a specific level of personal emissions as the only legitimate one. Finally, we argue that the set of legitimate expectations that people hold with respect to a just and effective solution to climate change has normative significance in at least two ways: the differing but equally legitimate expectations ought to be taken into account when justifying what could count as such a solution and when determining the just way of arriving at and implementing such a solution. (shrink)

Recent scholarly attention to ‘legitimate expectations’ and their role in legal transitions has yielded widely varying principles for distinguishing between legitimate and non-legitimate expectations. This article suggests that methodological reflection may facilitate substantive progress in the debate. Specifically, it proposes and defends the use of a wide reflective equilibrium methodology for constructing, justifying and critiquing theories of legitimate expectations and other kinds of normative theories about legal transitions. The methodology involves three levels of (...) analysis — normative principles, their theoretical antecedents, and considered judgements about their implications in specific cases — and iteration between these three levels in an effort to ensure coherence. The payoffs from applying this methodology to the legitimate expectations debate are illustrated through a discussion of examples from the existing literature. Some proposed innovations to the methodology, including the incorporation of insights from the ideal/non-ideal theory debate, are likely to be of wider interest to political theorists. (shrink)

This article argues against privileging the expectations of settlers over those of dispossessed peoples. I assume in this article that historical rights to occupancy do not persist through all changes in circumstances, but a theory of justice should reduce perverse incentives to unjustly settle on land in hopes of legitimating occupancy. Margaret Moore, in her 2015 book, A Political Theory of Territory, tries to balance these intuitions through an argument based on legitimate expectations. I argue that Moore’s (...) attempt to reduce perverse incentives (through expectation-altering institutional design) fails. Moore unduly privileges settler expectations, especially over those of indigenous peoples. I criticize United States court decisions resurrecting the expectations of past settlers in the allotment era (which share structural features with Moore’s arguments). Lastly, distinguishing between ‘final’ supersession of historical injustice through changing circumstances, and ‘dormant’ supersession, shows how indigenous claims to land and jurisdiction may revive. (shrink)

This paper focuses on land as a domain in which legitimate expectations can give rise to entitlements. The central argument is that people are connected to other people and to projects, which are symbolically and materially rooted in particular places. This gives rise to an interest – an interest that is sufficiently weighty that it imposes obligations on other people – to protect stability of place. There are two ways in which legitimate expectations structure argument about (...) land. It justifies liberty rights to remain in a place, and not be removed or expelled from it, independently of the coercion that often accompanies forcible expulsion, and argue for rights of return as a second-order right when this right has been violated. I also argue that passage of time in a changed context can affect people’s legitimate expectations, and so their entitlements. (shrink)

This paper is concerned with how we ought to think about legitimate expectations in the non-ideal, ‘real’ world. In one (dominant) strand of contemporary theories of justice, justice requires not that each gets what she deserves, but that each gets that to which she is entitled in accordance with what Rawls calls ‘the public rules that specify the scheme of cooperation’. However, that is true only if those public rules are part of a fully just scheme and it (...) is plausibly the case that no such scheme obtains in the real world. Given that, and given the centrality of legitimate expectations to theories of justice, it is vital to think about the status of such expectations in non-ideal circumstances. Having explained the sense in which legitimate expectations have come to play a role often previously associated with desert, a brief argument in favour of an ‘expectations’ view of punishment is considered to show that the system to public rules that generates expectations must itself be (in some sense) just. This argument is illustrated by appeal to just punishment and the relevance of thinking about punishment and not merely distributive justice is defended. In the absence of justice, one possibility would be simply to declare that there are no legitimate expectations and so theories of justice provide no guidance as to who should get what in non-ideal conditions. However, this would be to render such theories more-or-less useless in practice. Through discussion of a series of vignettes, the paper offers an account of how we might think about the demands such expectations place on the systems that give rise to them even in cases where the system is unjust. (shrink)

The article discusses the issue of realisation of the principles of legitimate expectations, legal certainty and legal security in the specific area of administrative activity – detailed territorial planning process. During this long and complex process, it is very important to ensure the protection of personal constitutional rights and guarantee the security of legitimate expectations, legal certainty and other essential principles. The article analyses the circumstances conditioning violation of the principles of legitimate expectations, legal (...) security and legal certainty and provides suggestions on the improvement of legal framework in order to avoid these violations. (shrink)

Do people morally deserve what they earn in the market? More specifically, can people legitimately claim to deserve what they earn in the market in a way that counts against redistributing those earnings? As most liberal political philosophers do, I argue that the answer is no. Unlike many of these philosophers, however, I do not focus on whether or not people can be deserving. Instead, I focus on the relationship between social institutions and moral desert, and advance two claims. First, (...) in the market, desert claims are undermined by the very nature of the market even if people can be deserving in general. Second, part of the intuition that motivates accounts of moral desert may be explained instead with reference to a principle of fairness that demands the fulfillment of people's legitimate expectations as to what they will receive, and this principle places much weaker restrictions on redistributive policies than do claims of moral desert. (shrink)

To be a conventionalist about a specific obligation or right is to believe that the obligation or right is dependent on the existence of a social practice. A conventionalist about property, for example, believes that a moral right to property is generated by conventional norms rather than by any natural right. One problem with dominant conventionalist theories is that they do not adequately justify conventional moral claims. They can justify why it is wrong to steal, for example, but they do (...) not justify the claim that you have on me to not steal from you. As a remedy, this article develops and defends the Principle of Legitimate Expectations. Suggested by John Rawls, this principle grants individuals a moral claim to what the rules of morally justified practices entitle them. This article addresses common objections to the principle to show how it can ground a wide range of conventional moral claims. (shrink)

That government agencies and public bodies can be liable for damages when they induce and then frustrate people’s legitimate expectations is an important and distinctive feature of administrative law in Europe. This article sets out to establish a set of moral principles and ideals that might justify this legal institution. The notion of security of expectations found in the work of utilitarian writers provides a starting point. Having examined the strengths and weaknesses of this approach, I then (...) turn to consider an alternative argument based on finding a solution to the problem of credible commitments. Finally, I look for suitable moral arguments in the liberal and Kantian political theorising of John Rawls. I argue that if we see the function of the rule of law as not merely to maximise aggregate utility and to make policymakers’ decisions seem credible but also to ensure Justice as Fairness for individuals, then this provides a more robust and satisfactory way to justify the liability of public bodies for legitimate expectations they induce and then frustrate. (shrink)

An increasing portion of contemporary politics revolves around a set of claims made by those (typically derisively) referred to as NIMBYs. Despite its practical significance, NIMBYism has not received significant attention in academic philosophy. I attempt a charitable but limited reconstruction of NIMBYism in terms of legitimate expectations. I argue that, despite NIMBY expectations being somewhat vague and at least moderately unjust, they may be legitimate. This does not imply that they are decisive, or entail a (...) conclusion about their overall normative force. I close by developing some tentative details in institutional design, focusing on the possibility of monetary compensation as a way of recognizing, but limiting the force of, NIMBY expectations. (shrink)

Debates concerning digital automation are mostly focused on the question of the availability of jobs in the short and long term. To counteract the possible negative effects of automation, it is often suggested that those at risk of technological unemployment should have access to retraining and reskilling opportunities. What is often missing in these debates are implications that all of this may have for individual autonomy understood as the ability to make and develop long-term plans. In this paper, I argue (...) that if digital automation becomes rapid, it will significantly undermine the legitimate expectation of stability and consequently, the ability to make and pursue long-term plans in the sphere of work. I focus on what is often taken to be one of the main long-term plans, i.e. the choice of profession, and I argue that this choice may be undermined by the pressure to continuously acquire new skills while at the same time facing a diminishing range of professions that one can choose from. Given that the choice of profession is significant for not-work related spheres of life, its undermining can greatly affect individual autonomy in these other spheres too. I argue that such undermining of individual planning agency constitutes a distinctive form of harm that necessitates a proactive institutional response. (shrink)

Journal of Political Philosophy, EarlyView.

In this short introduction, we will briefly sketch some central features of the problem of legitimate expectations and then lead over to the papers of our special issue.

The article responds to an overlooked objection put by Allen Buchanan to John Rawls’s theory of justice: that implementing the Difference Principle over time may require gross and frequent disruptions of people’s framing and execution of long-term plans. Having strengthened Buchanan’s objection to resolve significant weaknesses in his main counterexample, I argue that the best response to this objection draws on the concept of the rule of law, specifically, the legal doctrine of legitimate expectations, which can be found (...) in English, French, and European Union administrative law. I also explore the suitability of incorporating this doctrine into Justice as Fairness given its absence in United States constitutional and administrative law. Finally, I turn to consider the question of what the government owes to agents in whom legitimate expectations are induced and then frustrated. Here I introduce the Precept of Administrative Liability. (shrink)

Meritocracy is gaining momentum in public discourse, being close to the determinants of people’s demand of social justice. Conversely, in Academia meritocracy is the object of harsh critiques. The meritocratic rhetoric brings people to overlook the factors which contributed to their success over their individual actions, legitimating socioeconomic inequalities. Recently, it has been argued that market-driven societies foster the problems related to meritocracy. The concept of merit, conceived as the value of the individual contribution to the common good of society, (...) is absorbed by market value. While we share the concerns on meritocracy, we question the idea that those are necessarily connected to the market sphere. To prove that, our paper digs in the theological roots of the concept of merit to better understand meritocracy. We inquire Pelagius–Augustine debate on human merit and salvation, and its influence on Rawls’s critique of meritocracy. We base on the “Augustinian” Rawls our argument that market is not a meritocratic domain, but that in market there is space for merit conceived as ‘legitimate expectations.’ Our aim is to prove that merit can find some space in market societies without incurring in the problems of meritocracy. (shrink)

Name der Zeitschrift: Studies in Logic, Grammar and Rhetoric Jahrgang: 45 Heft: 1 Seiten: 141-159.

Many people living in highly industrialised countries and elsewhere emit greenhouse gases at a certain high level as a by-product of their activities, and they expect to be able to continue to emit at that level. This level is far above the just per capita level. We investigate whether that expectation is legitimate and permissible. We argue that the expectation is epistemically legitimate. Given certain assumptions, we can also think of it as politically legitimate. Also, the expectation (...) is shown to be morally permissible but with major qualifications. The interpretation of the significance of the expectation is compatible with the understanding that historical emissions should count in terms of fairly distributing the benefits of emission-generating activities over people’s lifetimes but constrains the way in which we may collectively respond to climate change. (shrink)

The article offers a reconstruction of John Rawls views on political legitimacy, from A Theory of Justice to his late writings on political liberalism. It argues that Rawls had three conceptions of legitimacy, not two as one might expect based on the distinction between his two major works. Its argument is that the most radical change in Rawls’ thinking about legitimacy occurs in ‘Introduction to the Paperback Edition’ and ‘The Idea of Public Reason Revisited’. Here Rawls assumes that there can (...) be a reasonable pluralism not only of comprehensive doctrines, but also of political liberal conceptions of justice. As a consequence, the standard of political legitimacy is no longer specified as sufficient justice relative to justice as fairness, but instead as sufficient justice relative to a family of political conceptions of justice – a family which in turn is animated by an ideal of public reasoning about constitutional matters and matters of basic justice. The article also shows how Rawls’ late ideal of public reason is grounded in the need for legitimate constitutional government. (shrink)

Promoting interpersonal helping among coworkers is an important aim for any organisation that cares about employee well-being. Drawing on guilt aversion hypothesis, this research focuses on the power of social expectations in promoting prosocial behaviour among employees and investigates the role of anticipated guilt for failing to meet coworkers’ expectations. In two preregistered studies, the effect of beneficiary expectation on benefactors’ anticipated guilt and intention to help was investigated. In Study 1, Japanese participants (n = 284) recalled a (...) situation when they helped a coworker spontaneously, and evaluated perceived beneficiary expectation to receive help, as well as anticipated guilt for not helping. Beneficiary expectation positively predicted anticipated guilt, and the effect was stronger when the beneficiary was a same-status colleague, and when interpersonal helping frequency in the organisation was low. Study 2 (n = 499) employed vignettes and manipulated beneficiary expectation. A mediational model revealed that beneficiary expectation leads to more anticipated guilt for not helping, which, in turn, increases employees’ intention to help. Together, these studies show that employees are sensitive to their coworkers’ expectations, and guilt-averse; therefore, interpersonal helping among employees may be promoted by establishing legitimate expectations of prosociality in the workplace. (shrink)

Respect for autonomy and beneficence are frequently regarded as the two essential principles of medical ethics, and the potential for these two principles to come into conflict is often emphasised as a fundamental problem. On the one hand, we have the value of beneficence, the driving force of medicine, which demands that medical professionals act to protect or promote the wellbeing of patients or research subjects. On the other, we have a principle of respect for autonomy, which demands that we (...) respect the self-regarding decisions of individuals. As well as routinely coming into opposition with the demands of beneficence in medicine, the principle of respect for autonomy in medical ethics is often seen as providing protection against beneficial coercion (i.e. paternalism) in medicine. However, these two values are not as straightforwardly opposed as they may appear on the surface. In fact, the way that we understand autonomy can lead us to implicitly sanction a great deal of paternalistic action, or can smuggle in paternalistic elements under the guise of respect for autonomy. -/- This paper is dedicated to outlining three ways in which the principle of respect for autonomy, depending on how we understand the concept of autonomy, can sanction or smuggle in paternalistic elements. As the specific relationship between respect for autonomy and beneficence will depend on how we conceive of autonomy, I begin by outlining two dominant conceptions of autonomy, both of which have great influence in medical ethics. I then turn to the three ways in which how we understand or employ autonomy can increase or support paternalism: firstly, when we equate respect for autonomy with respect for persons; secondly, when our judgements about what qualifies as an autonomous action contain intersubjective elements; and thirdly, when we expect autonomy to play an instrumental role, that is, when we expect people, when they are acting autonomously, to act in a way that promotes or protects their own wellbeing. I then provide a proposal for how we might work to avoid this. I will suggest that it may be impossible to fully separate paternalistic elements out from judgements about autonomy. Instead, we are better off looking at why we are motivated to use judgements about autonomy as a means of restricting the actions of patients or research subjects. I will argue that this is a result of discomfort about speaking directly about our beneficent motivations in medical ethics. Perhaps we can reduce the incentive to smuggle in these beneficent motivations under the guise of autonomy by talking directly about beneficent motivations in medicine. This will also force us to recognise paternalistic motivations in medicine when they appear, and to justify paternalism where it occurs. (shrink)

The paper offers a modelling of the sense of justice as it is displayed in ordinary situated disputes. While this model accounts for a plurality of legitimate forms of evaluation which are used in the process of critique and justification, it escapes a relativism of values by demonstrating that all these forms satisfy a set of common requirements. The reasonable character of the everyday sense of justice is also anchored in a reality test involving the engagement of objects which (...) qualify for a certain form of evaluation. The paper discusses this model in relation to competing theories of justice, and models of social action and interaction. (shrink)

The early theology of Karl Barth exhibits a seemingly incongruous emphasis on concepts like “origins” and “memory,” which would seem to suggest a point of contact between God and humanity. Although memory and anticipation are both ambiguous and tend towards self-reference, this article suggests that revelation is mediated through this ambiguity in Barth's theology through the early 1930s. Recollection can legitimately function as the basis of individual and ecclesial anticipation only when it is interpreted through the lens of the character (...) of God. Although this language largely disappears by the Church Dogmatics, this article argues that the early tension between memory and anticipation is gradually eclipsed but remains a crucially neglected foundation to Barth's later thought. (shrink)

This paper examines two recent examples of compulsory licensing legislation: one globally embraced regime and one internationally controversial regime operating under the same WTO rules. In particular, we consider Canadian legislation and the use of compulsory licensing for HIV/AIDS drugs destined for a developing country. This is then contrasted with the conditions under which Thai authorities are pursuing compulsory licenses, the outcomes of their compulsory licenses, as well as the likely impact of the Thai policy. Finally, we construct a rubric (...) to evaluate characteristics of a successful regime. This is used to analyze the Canadian and Thai regimes and frame the expected implications of each national policy. It is hoped that the assessment will guide changes to compulsory licensing design to ensure that legitimate regimes are embraced while illegitimate ones are disallowed. (shrink)

The traditional concept of sovereignty is largely independent of democratic legitimacy and completely indifferent to any obligation towards non-national citizens. But can this traditional concept meet the normative expectations of a post-traditional understanding of political authority as well as the challenges of an ever more interconnected world? In order to respond to this question, the Article analyzes the conceptual presuppositions that lie at the basis of the notion of “sovereignty,” first regarding its sources, and second regarding the ideas of (...) rationality that are applied when sovereign actors operate. As far as the sources of sovereignty are concerned, it is argued that both of them - the “ascending” and the “descending” - although decisive for determining the quality of the legitimacy of political power, have little influence on a positive attitude of sovereigns towards aliens’ interests. To clarify the conditions for an opening of sovereign powers to solidarity, an assessment of the rationalities which are implemented when a sovereign puts actions into effect is therefore required. Yet most rationality concepts - or uses of practical reason - prove to be negative or at least useless when it comes to the question of supporting solidarity: the gamut ranges from open hostility towards the idea of taking the interests of aliens into account, through substantial indifference, to a positive approach which presupposes, however, non-provable metaphysical assumptions or an individual mindset with no pretension of issuing norms of general validity. Only the communicative conception of reason meets the criteria for a convincing justification of solidarity towards aliens as an obligation. The author therefore concludes that only an “ascending” sovereignty based on a communicative understanding of rationality can be considered fully legitimate insofar as the sovereign power, in this case, first originates from the will of the citizens and, second, is morally, politically and legally obliged to a solidaristic attitude towards the justified interests of non-citizens. (shrink)

“Complexity sciences” are an interdisciplinary and transnational domain of study that aims at modeling natural and social “complex systems.” They appeared in the 1970s in Europe and the United States, but were boosted in the mid-1980s by the Santa Fe Institute under the formula of “science of complexity.” This small but famous institution is the object of the present article. According to their promissory ambitions and to the enthusiastic claims of some scientific journalists, complexity sciences were going to revolutionize all (...) of knowledge and even private and public actors who had learned to master them. In the light of this, one would expect to observe a well-established and autonomous research and educational field, capable of reproducing itself through professional institutions. Yet this is not the case. To explain the paradox, I propose to combine different models of history and sociology of emergent and declining domains, in order to give account of the rise and failure of complexity sciences. (shrink)

This paper develops a future-oriented and person-centred normative argument based on expectancies that is immune to most of the problems identified in the rights of future persons. The argument unfolds in four parts. The first draws on the notion of expectancies present in inheritance law and maintains that it is possible to formulate a rule of prospective beneficiaries that correlates with entitlements and legitimate claims without necessarily acquiring the status of rights. The second extends expectancies to future persons and (...) concludes that the latter can be considered present holders of such currently binding entitlements. The third section raises the question of whether democracies are bound to a principle of fidelity towards expectancies in such a way that outweighs current people’s rights in cases of conflicts. The response does not prove particularly future-beneficial in such cases. However, section four clarifies why expectancies still carry a crucial moral weight in democracies, one that is not sufficiently established by depersonalised forms of future-oriented ethics. (shrink)

Defining "terrorism" as the intentional targeting of non-combatant civilians, the paper argues that, other things being equal, it is not possible to effectively distinguish morally between "terrorism" and use of military power against combatant targets which might reasonably be expected to produce some guesstimable quantity of "collateral" or non-combatant civilian casualties; that it is upon the expected likely consequences of actions rather than upon the intentions underlying them, that actors should be morally judged. Furthermore I argue that other attempts to (...) rationalize the use of conventional military force, as retaliatory for prior "terrorist" actions, or as preemptive, also often largely fail either on historical grounds ("terrorists" often see their actions as responses to previously unjustified killing or letting die of the non-combatant civilian population they see themselves as representing) or pragmatic grounds (as the unintentional killing of non-combatant civilians often increases the sense of righteous indignation which helps recruit further "terrorists"). (shrink)

Defining "terrorism" as the intentional targeting of non-combatant civilians, the paper argues that, other things being equal, it is not possible to effectively distinguish morally between "terrorism" and use of military power against combatant targets which might reasonably be expected to produce some guesstimable quantity of "collateral" or non-combatant civilian casualties; that it is upon the expected likely consequences of actions rather than upon the intentions underlying them, that actors should be morally judged. Furthermore I argue that other attempts to (...) rationalize the use of conventional military force, as retaliatory for prior "terrorist" actions, or as preemptive, also often largely fail either on historical grounds or pragmatic grounds. (shrink)

Destacamos el balance ugarteano de la contribución histórica del modernismo hispanoamericano. El lugar que ocupa la llamada “generación de Darío” en la historia intelectual de América Latina es significativo por su papel determinante en la construcción de la figura del intelectual latinoamericano. La dinámica estatuida por la modernización continental a fines del siglo XIX y principios del XX promovió la autonomización del campo literario. Este hecho produjo una serie de modificaciones de la práctica de los intelectuales que operó como condición (...) de posibilidad de un discurso que acentuó las expectativas acerca de la eficacia histórico-política de la escritura científica, filosófica y literaria. Analizamos los tópicos en torno de los cuales se construyeron aquellas expectativas a la luz del balance que realizara el escritor argentino Manuel Ugarte en dos textos tardíos como El dolor de escribir (1933) y Escritores iberoamericanos de 1900 (1943). We emphasize the ugartean balance of the historic contribution of the Spanish-American modernism. The place that occupies the so called “Generation of Darío” in the intellectual history of Latin America is significant by its determining role in the building of the figure of the Latin-American intellectual. In the late nineteenth and early twentieth century the dynamic chartered by the continental modernization promoted the autonomization of the literary field. This fact produced a series of modifications of the practice of the intellectuals that operated as a condition of possibility of a speech that accentuated the expectations about the historical and political effectiveness of scientific, philosophical and literary writings. We analyze the topics around which those expectations were built in the light of the balance that was carried out by the argentine writer Manuel Ugarte in two late texts, The pain of writing (1933) and Latin American Writers of 1900 (1943). (shrink)

While the energy transition is needed more than ever, for some agents it brings significant losses. This article investigates whether fossil fuel owners could refer to promises to avoid having their assets stranded. It explains how authors, in the context of just transitions, have argued for the normative relevance of Rawlsian legitimate expectations, which refer to promissory entitlements. However, it argues that the normative relevance of promises towards fossil fuel owners is limited, because there are only few promises (...) about what will be permissible in the future and because these promises should be just before they can lead to entitlements. (shrink)

This paper puts forward two claims about funding carbon capture and storage. The first claim is that there are moral justifications supporting strategic investment into CO2 storage from global and regional perspectives. One argument draws on the empirical evidence which suggests carbon capture and storage would play a significant role in a portfolio of global solutions to climate change; the other draws on Rawls' notion of legitimate expectations and Moellendorf's Anti-Poverty principle. The second claim is that where to (...) pursue this strategic investment poses a morally non-trivial problem, with considerations like near-term global distributive justice and undermining legitimate expectations favouring investing in developing regions, especially in Asia, and considerations like long-term climate impacts and best uses of resources favouring investing in the relatively wealthy regions that have the best prospects for successful storage development. [Open access]. (shrink)

A legitimate expectation in a liberal democracy is that public officials enforce the law regardless of its content; when they don’t do so, their actions tend to be publicly condemned. This expectation puts street-level bureaucrats in a moral dilemma when they consider that a certain law is unjust: either they don’t enforce the law and violate their duties to the citizenry, or they enforce it and become complicit in injustices. This paper argues for the legal permission of public officials (...) to disregard legal mandates for moral reasons. Call it official disobedience. Contrary to common intuitions, I show that official disobedience would foster the principles of and improve governance in liberal democracies: it accommodates public officials’ personal autonomy and yields three main democratic benefits. First, information about the outcomes of the law would become available for lawmakers; second, in the aggregate, it would protect citizens from injustices; third, it would improve the moral character of bureaucrats. (shrink)

Analogy belongs to the class of concepts notorious for a variety of definitions generating continuing disputes about their preferred understanding. Analogy is typically defined by or at least associated with similarity, but as long as similarity remains undefined this association does not eliminate ambiguity. In this paper, analogy is considered synonymous with a slightly generalized mathematical concept of similarity which under the name of tolerance relation has been the subject of extensive studies over several decades. In this approach, analogy can (...) be mathematically formalized in terms of the sequence of binary relations of increased generality, from the identity, equivalence, tolerance, to weak tolerance relations. Each of these relations has cryptomorphic presentations relevant to the study of analogy. The formalism requires only two assumptions which are satisfied in all of the earlier attempts to formulate adequate definitions which met expectations of the intuitive use of the word analogy in general contexts. The mathematical formalism presented here permits theoretical analysis of analogy in the contrasting comparison with abstraction, showing its higher level of complexity, providing a precise methodology for its study and informing philosophical reflection. Also, arguments are presented for the legitimate expectation that better understanding of analogy can help mathematics in establishing a unified and universal concept of a structure. (shrink)

In this paper I will be arguing that there are cases in which a subject, S, should have known that p, even though, given her state of evidence at the time, she was in no position to know it. My argument for this result will involve making two claims. The uncontroversial claim is this: S should have known that p when another person has, or would have, legitimate expectations regarding S’s epistemic condition, the satisfaction of these expectations (...) would require that S knows that p, and S fails to know that p. The controversial claim is that these three conditions are sometimes jointly satisfied. I will spend the majority of my time defending the controversial claim. I will argue that there are two main sources of legitimate expectations regarding another’s epistemic condition: participation in a legitimate social practice ; and moral and epistemic expectations more generally . In developing my position on this score, I will have an opportunity to defend the doctrine that there are “practice-generated entitlements” to expect certain things, where it can happen that the satisfaction of these expectations requires another’s having certain pieces of knowledge; to contrast practice-generated entitlements to expect with epistemic reasons to believe; to defend the idea that moral and epistemic standards themselves can be taken to reflect legitimate expectations we have of each other; to compare the “should have known” phenomenon with a widely-discussed phenomenon in the ethics literature—that of culpable ignorance; and finally to suggest the bearing of the “should have known” phenomenon to epistemology itself. (shrink)

As each week beings more stories of doctors, lawyers and other professionals abusing their powers, while clients demand extra services as at a time of shrinking resources; it is imperative that all practising professionals have an understanding of professional ethics. In _The Ground of Profesional Ethics_, Daryl Koehn discusses the practical issues in depth, such as the level of service clients can justifiably expect from professionals, when service to a client may be legitimately terminated and circumstances in which client confidences (...) can be broken. She argues that, while clients may legitimately expect professionals to promote their interests, professionals are not morally bound to do whatever a client wants. _The Ground of Professional Ethics_ is important reading for all practising professionals, as well as those who study or have an interest in the subject of professional ethics. (shrink)

This paper examines the conflict between conventional and non-conventional moral obligations by focusing on the specific case of political lies. It argues that political candidates are under a conventional obligation to try and win their election, and sometimes the most moral way to discharge this obligation involves lying. In such cases, candidates face a conflict between the conventional obligation to try and win and the non-conventional obligation to not lie. Oftentimes, candidates that face this conflict should lie because because voters, (...) contributors, staffers and political allies all legitimately rely on that candidate to try and win. To make this point, the paper defends a framework for understanding conventional obligations that applies far beyond the specific case of political lies. (shrink)

In virtue of what are we responsible for our beliefs? I argue that doxastic responsibility has a crucial social component: part of being responsible for our beliefs is being responsible to others. I suggest that this responsibility is a form of answerability with two distinct dimensions: an individual and an interpersonal dimension. While most views hold that the individual dimension is grounded in some form of control that we can exercise over our beliefs, I contend that we are answerable for (...) our beliefs as long as they reflect our evaluative commitments and dispositions, or are products of our reasoning, where this does not amount to a form of control. I next argue that answerability has a second, largely neglected dimension: the interpersonal dimension, which is grounded in what I call our relations of doxastic dependence. As social creatures, we depend on one another in our capacity as believers. We depend on one another as believers not only in epistemic ways, but also in practical ways, because our beliefs inform and motivate our actions, and allow us to participate in shared practical goals. Depending on one another in these ways is an unavoidable part of cooperating in the shared project of pursuing epistemic and practical success, and it makes us vulnerable to both epistemic and moral harm. It is because of this, I argue, that answerability has interpersonal normative force upon us: we are subject to legitimate expectations associated with participating in relations of doxastic dependence. (shrink)

The past 10 years have seen considerable developments in the use of narrative in medicine, primarily through the emergence of the so-called narrative medicine. In this article, I question narrative medicine’s self-understanding and contend that one of the most prominent issues is its lack of a clear epistemological framework. Drawing from Gadamer’s work on hermeneutics, I first show that narrative medicine is deeply linked with the hermeneutical field of knowledge. Then I try to identify which claims can be legitimately expected (...) from narrative medicine, and which ones cannot be. I scrutinize in particular whether narrative medicine can legitimately grasp the patient’s lived experience of his or her illness. In the last section of this article, I begin to explore the potential usefulness of this epistemological clarification. This analysis allows for a further understanding of what is really at stake with narrative medicine, and thus to identify when it may be convenient, and when it may not. Furthermore, this clarification opens up promising new possibilities of dialogue with critics of the field. I conclude that narrative medicine finds its proper place as a possible tool available to mediate dialogue, which is at the heart of the clinical encounter in medical practice. (shrink)

Biomedical researchers claim there is significant biomedical information about humans which can be discovered only through experiments on intact animal systems (AMA p. 2). Although epidemiological studies, computer simulations, clinical investigation, and cell and tissue cultures have become important weapons in the biomedical scientists' arsenal, these are primarily "adjuncts to the use of animals in research" (Sigma Xi p. 76). Controlled laboratory experiments are the core of the scientific enterprise. Biomedical researchers claim these should be conducted on intact biological systems, (...) whole animals. By observing the effects of various stimuli in non-human animals, we can form legitimate expectations about the likely effects of these stimuli in humans. Perhaps more importantly, we can understand the biomedical condition's causal mechanisms. (shrink)

The UN Global Compact is a voluntary initiative designed to help fashion a more humane world by enlisting business to follow ten principles concerning human rights, labor, the environment, and corruption. Although the four-year-old Compact is a relatively successful initiative, having signed up over eleven hundred companies and more than two hundred of the large multinationals, and having begun some important projects on globalization issues, there is a serious problem in that very few of the major U.S. companies have joined. (...) While the premier U.S. companies are interested in meeting the legitimate expectations of society, there is concerncentering around accountability issues. The accountability issues are in four major areas: 1. Accountability showing that the globalization of the economy actually helps the poor. 2. Accountability showing the corporate performance matches rhetoric. 3. Accountability that provides legitimacy to a two-tier pricing system and other measures that are designed to assist the poor in developing countries. 4. Accountability in the human rights area; what societal expectations are multinational companies accountablefor? The article outlines the problems that the Compact brings to the fore and offers some insight from the ethical literature that may address U.S. company concerns or provide new ways of thinking about the issues. It further argues that the forum provided by the Compact may be the most effective means to gain consensus of the role of business in society. (shrink)

The UN Global Compact is a voluntary initiative designed to help fashion a more humane world by enlisting business to follow ten principles concerning human rights, labor, the environment, and corruption. Although the four-year-old Compact is a relatively successful initiative, having signed up over eleven hundred companies and more than two hundred of the large multinationals, and having begun some important projects on globalization issues, there is a serious problem in that very few of the major U.S. companies have joined. (...) While the premier U.S. companies are interested in meeting the legitimate expectations of society, there is concerncentering around accountability issues. The accountability issues are in four major areas: 1. Accountability showing that the globalization of the economy actually helps the poor. 2. Accountability showing the corporate performance matches rhetoric. 3. Accountability that provides legitimacy to a two-tier pricing system and other measures that are designed to assist the poor in developing countries. 4. Accountability in the human rights area; what societal expectations are multinational companies accountablefor? The article outlines the problems that the Compact brings to the fore and offers some insight from the ethical literature that may address U.S. company concerns or provide new ways of thinking about the issues. It further argues that the forum provided by the Compact may be the most effective means to gain consensus of the role of business in society. (shrink)

In virtue of what are we responsible for our beliefs? I argue that doxastic responsibility has a crucial social component: part of being responsible for our beliefs is being responsible to others. I suggest that this responsibility is a form of answerability with two distinct dimensions: an individual and an interpersonal dimension. While most views hold that the individual dimension is grounded in some form of control that we can exercise over our beliefs, I contend that we are answerable for (...) our beliefs as long as they reflect our evaluative commitments and dispositions, or are products of our reasoning, where this does not amount to a form of control. I next argue that answerability has a second, largely neglected dimension: the interpersonal dimension, which is grounded in what I call our relations of doxastic dependence. As social creatures, we depend on one another in our capacity as believers. We depend on one another as believers not only in epistemic ways, but also in practical ways, because our beliefs inform and motivate our actions, and allow us to participate in shared practical goals. Depending on one another in these ways is an unavoidable part of cooperating in the shared project of pursuing epistemic and practical success, and it makes us vulnerable to both epistemic and moral harm. It is because of this, I argue, that answerability has interpersonal normative force upon us: we are subject to legitimate expectations associated with participating in relations of doxastic dependence. (shrink)