Why should one person obey another? Why (to ask the question from the first-person perspective) ought I to submit to another and follow her judgment rather than my own? In modern political thought, which denies that some are born rulers and others are born to be ruled, the most prominent answer has been: “Because I have consented to her authority.” By making authority conditional on the subjects’ consent, political philosophers have sought to reconcile authority’s hierarchical structure with the equal moral (...) standing of governor and governed. Yet such consent accounts of authority have long been deemed problematic on a number of grounds, not the least of which is that few citizens have given their consent to the state under whose laws they live. So unless we are willing to deny the state’s authority over those who have not consented, or revert to the pre-modern assumption of a natural political hierarchy, we must find another way of reconciling authority with our standing as free and equal moral agents. In recent political and legal philosophy, the most influential solution to this problem has been Joseph Raz’s service conception of authority, according to which legitimate authority, while it does not require the consent of the governed, must exist for their sake, or serve them. The normal way to justify someone’s authority, on the service conception, is to show that, by treating her directives as binding, the subjects are likely better to conform to reasons that apply to them anyway. The service conception has, however, recently been criticized (by, among others, Thomas Christiano, Scott Hershovitz, and Jeremy Waldron) for being insufficiently attuned to the significance that procedural, and in particular democratic, features of political and legal institutions have for the justification of their authority. If these ‘democratic critics’ are right, then two commitments that many in the liberal-democratic tradition may find independently attractive turn out to be in tension: the liberal idea that authority is normally legitimate only insofar as it serves its subjects, and the democratic idea that legitimate authority can (and regularly does) rest on fair procedures. In this article I argue that the critics’ arguments rest on a misunderstanding of the service conception; yet their worries point the way to an under-appreciated and interesting view of democracy as an authoritative arbitration procedure. After introducing the service conception’s view of justified authority, I briefly distinguish a broad and a narrow interpretation of it, and suggest that we should embrace the latter to make sense of the idea that political authority serves its subjects (Section I). Next I turn to the objection raised by the democratic critics: the service conception, they say, cannot make room for the intrinsic fairness of democratic procedures because it is preoccupied with the quality of outcomes (Section II). But, I argue, the objection rests on an illicit identification of two different kinds of outcomes: the outcome of the decision-making procedure on the one hand, the outcome or result of treating that first outcome as authoritative on the other. Distinguishing between these is crucial for an adequate understanding of democracy’s authority. While the service conception is indeed organized around the latter, this does not commit it to an exclusive concern with the former; yet it is a singular commitment to the former that is problematic from a democratic point of view (Section III). To bring home this point, I sketch a model of authority as arbitration that is frequently overlooked in recent discussions of authority even though it is centrally concerned with procedural (and ultimately democratic) values and fits squarely into the service conception of authority (Section IV). (shrink)

In Knowledge in a Social World, Alvin Goldman presents a framework to quantify the epistemic effects that various policies, procedures, and behaviors can have on a group of agents. In this essay, I show that the framework requires some modifications when applied to agents with credences. The required modifications carry with them an interesting consequence, namely, that any group whose members disagree can become more accurate by forming a consensus through averaging their credences. I sketch a way that this result (...) can be used to show that individual norms of rationality and group norms of rationality can dictate conflicting behaviors for the members of some groups. I conclude by discussing how some of the assumptions used to generate the consensus result might be loosened.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.WE OUGHT TO AGREE: A CONSEQUENCE OF REPAIRING GOLDMAN'S GROUP SCORING RULEVolume 9, Issue 2Matthew KopecDOI: https://doi.org/10.1017/epi.2012.3Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. WE OUGHT TO AGREE: A CONSEQUENCE OF REPAIRING GOLDMAN'S GROUP SCORING RULEVolume 9, Issue 2Matthew KopecDOI: https://doi.org/10.1017/epi.2012.3Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. WE OUGHT TO AGREE: A CONSEQUENCE OF REPAIRING GOLDMAN'S GROUP SCORING RULEVolume 9, Issue 2Matthew KopecDOI: https://doi.org/10.1017/epi.2012.3Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

More than 95 per cent of criminal convictions in the USA never go to trial, as the vast majority of defendants forfeit their constitutional rights to due process in the pervasive practice of plea bargaining. This article analyses the relationship between American mass incarceration and this mass forfeiture of procedural justice by situating the practice of plea bargaining in the normative framework drawn by recent Supreme Court rulings and the proliferation of criminal statutes, including mandatory minimum sentencing legislation. Looking (...) at systemic racial disparities in sentence severity and incarceration rates for otherwise similarly situated defendants, I argue that, rather than a voluntary waiver of constitutional rights, this mass forfeiture of due process rights ought to be conceptualized as the product of an entrenched system of procedural entrapment. Such entrapment, I argue, ought to be abolished not only on grounds of procedural injustice, but because the practice refashions rather than redresses forms of racial domination derived from prior eras. The article concludes by exploring the tactic of mass conscientious plea refusal through the collectively organized assertion of constitutional due process rights as a strategy of resisting mass incarceration. (shrink)

In this paper I argue that the debate between subjective and objective theories of prudential value obscures the way in which elements of both are needed for a comprehensive theory of prudential value. I suggest that we characterize these two types of theory in terms of their different aims: procedural (or subjective) theories give an account of the necessary conditions for something to count as good for a person, while substantive (or objective) theories give an account of what is (...) good for a person, given some set of necessary conditions. Characterizing the theories in this way allows us to see their mutual compatibility. To make this case, I assume that a theory of prudential value ought to be descriptively and normatively adequate. The criterion of descriptive adequacy requires that our theory explain the subject relativity of prudential value. I characterize subject relativity in terms of justifiability to subjects and I argue that certain procedural theories are well suited to meet this criterion. The criterion of normative adequacy requires that our theory be capable of guiding action and I argue that a certain kind of substantive theory is needed to meet this requirement. (shrink)

In this paper I briefly set out Susan Moller Okin’s liberal feminist position and then rehearse a number of criticisms of Okin which together suggest that dismantling the gender system and adopting the principle of androgyny would not be compatible with liberalism. This incompatibility appears to vindicate an extreme feminist critique of liberalism. I argue that nevertheless a liberal feminism is possible. The liberal feminist ought to adopt the principle of parity, that is, guaranteed equal representation of both sexes in (...) parliament, rather than the requirement of androgyny. Parity follows from a conception of procedural justice, for it provides a mechanism which guarantees that the interests of both sexes are fairly represented in the legislature. Parity may also go some way to alleviating the tensions which exist between feminism and multiculturalism. (shrink)

The presumption of innocence (POI) requires all judges, juries, and other officials in a trial, to presume and treat any accused of criminal wrongdoing as innocent, until he or she is proven guilty. Although a POI lacks an authoritative definition, this overarching principle of procedural fairness is so robust and vital for the exercise of legal power in matters of criminal law that one rarely finds anyone questioning its standing. In this article I examine the rationale behind the POI (...) from a different perspective. The basic assumption is that this procedural standard captures the tenor of a broader principle which seeks to ensure fairness in criminal proceedings as well as in criminal law doctrine. I argue that honouring a principle of fairness is not exclusively a matter of criminal procedural law but also something that is deeply rooted in other areas of criminal law doctrine. Hence: not maintaining a principle of fairness in criminal law doctrine could lead to the POI being compromised or even undermined. In the article, I draw attention to three areas in which I believe that criminal law policies threaten a principle of fairness: criminalising remote harm, doctrine of ignorance of law and inversed presumptions of guilt. My conclusion is that some solutions to so called doctrinal problems in criminal law, are questionable and their practical consequences (on a general level) are, at least partially, equal to treating an individual (in a trial) as guilty for something for which he or she ought not to be accountable. Hence: gaining the support of a POI could thus work as principle for keeping the use of criminal law moderate and in accordance with a principle of fairness. (shrink)

This essay begins with a current case involving racial profiling and DNA testing. The two combine to raise some troubling issues involving the use of each in police investigation. It is argued that racial profiling is unethical and ought to be avoided and that DNA testing on general populations of innocent people is fraught with dangers.

This essay begins with a current case involving racial profiling and DNA testing. The two combine to raise some troubling issues involving the use of each in police investigation. It is argued that racial profiling is unethical and ought to be avoided and that DNA testing on general populations of innocent people is fraught with dangers.

In the intellectual confusion prevailing since the demise of Marxism and “marxism”, the attempt is made to define democracy as a matter of pure procedure, explicitly avoiding and condemning any reference to substantive objectives. It can easily be shown, however, that the idea of a purely procedural “democracy” is incoherent and self-contradictory. No legal system whatsoever and no government can exist in the absence of substantive conditions which cannot be left to chance or to the workings of the “market” (...) but must be posited as objectives of political activity. The confusion results from a deficient understanding of what makes a society and an empty idea of “freedom”. The objective of politics is not happiness, an affair to be left to the individuals, but it certainly is liberty understood as participation in the governance of the polity; it is also the pursuit of the common good, defined as the sum of the prerequisites and facilitations of individual autonomy depending on collective action, and as the realization of commonly agreed collective goals. (shrink)

Our moral judgments are fallible, and we’re often uncertain what morality requires. I argue that, in the face of these challenges, it’s not only rational to use effective procedures for trying to be moral – we have a moral responsibility to do so, and being reckless when navigating moral uncertainty, is, itself, a form of moral wrongdoing. These strategic requirements present a large class of under-explored norms of morality. I use these norms to address moral and social questions concerning, for (...) example, interpersonal toleration, exceptions to moral rules in high-stakes cases, and principal-agent relationships (such as those between lawyers and clients). -/- (email for full text). (shrink)

Opponents of voluntary euthanasia and physician-assisted suicide often maintain that the procedures ought not to be accepted because ending an innocent human life would both be morally wrong in itself and have unfortunate consequences. A gravely suffering patient can grant that ending his life would involve such harm but still insist that he would have reason to continue living only if there were something to him in his abstaining from ending his life. Though relatively rarely, the notion of meaning of (...) life has figured in recent medical ethical debate on voluntary euthanasia and physician-assisted suicide. And in current philosophical discussion on meaning of life outside the medical ethical debate on voluntary euthanasia and physician-assisted suicide several authors have argued that being moral and having a meaningful existence are connected to each other. In this article, I assess whether his intentionally refraining from causing the harm related to voluntary euthanasia and physician-assisted suicide would involve something to such a patient in the sense that it would promote the meaningfulness of his life. (shrink)

For a given decision, when an undemocratic procedure would result in a good outcome, and a democratic procedure would result in a bad outcome, which decision procedure ought we to use? Epistemic democrats, such as Joseph Schumpeter, argue that all else being equal, we should prefer the procedure with the good outcome. Schumpeter’s argument for this position is that we must reject the view that only democratic procedures matter when evaluating government institutions (pure proceduralism), and the only alternative to pure (...) proceduralism that can coherently describe the relationship between democracy and the public interest is pure instrumentalism. I argue that Schumpeter’s argument for epistemic democracy does not succeed. In this paper, I outline three alternative ways of conceiving of the relationship between democracy and the public interest, which I call evaluative dualism, impure instrumentalism, and impure proceduralism. I explain how, with any of these three alternative views, we can evaluate government institutions without rejecting the intrinsic value of democratic procedures or the public interest. (shrink)

Pragmatic randomized controlled trials are designed to evaluate the effectiveness of interventions in real-world clinical conditions. However, these studies raise ethical issues for researchers and regulators. Our objective is to identify a list of key ethical issues in pragmatic RCTs and highlight gaps in the ethics literature. We conducted a scoping review of articles addressing ethical aspects of pragmatic RCTs. After applying the search strategy and eligibility criteria, 36 articles were included and reviewed using content analysis. Our review identified four (...) major themes: 1) the research-practice distinction; 2) the need for consent; 3) elements that must be disclosed in the consent process; and 4) appropriate oversight by research ethics committees. 1) Most authors reject the need for a research-practice distinction in pragmatic RCTs. They argue that the distinction rests on the presumptions that research participation offers patients less benefit and greater risk than clinical practice, but neither is true in the case of pragmatic RCTs. 2) Most authors further conclude that pragmatic RCTs may proceed without informed consent or with simplified consent procedures when risks are low and consent is infeasible. 3) Authors who endorse the need for consent assert that information need only be disclosed when research participation poses incremental risks compared to clinical practice. Authors disagree as to whether randomization must be disclosed. 4) Finally, all authors view regulatory oversight as burdensome and a practical impediment to the conduct of pragmatic RCTs, and argue that oversight procedures ought to be streamlined when risks to participants are low. The current ethical discussion is framed by the assumption that the function of research oversight is to protect participants from risk. As pragmatic RCTs commonly involve usual care interventions, the risks may be minimal. This leads many to reject the research-practice distinction and question the need for informed consent. But the function of oversight should be understood broadly as protecting the liberty and welfare interest of participants and promoting public trust in research. This understanding, we suggest, will focus discussion on questions about appropriate ethical review for pragmatic RCTs. (shrink)

Background Pragmatic randomized controlled trials are designed to evaluate the effectiveness of interventions in real-world clinical conditions. However, these studies raise ethical issues for researchers and regulators. Our objective is to identify a list of key ethical issues in pragmatic RCTs and highlight gaps in the ethics literature. Methods We conducted a scoping review of articles addressing ethical aspects of pragmatic RCTs. After applying the search strategy and eligibility criteria, 36 articles were included and reviewed using content analysis. Results Our (...) review identified four major themes: 1) the research-practice distinction; 2) the need for consent; 3) elements that must be disclosed in the consent process; and 4) appropriate oversight by research ethics committees. 1) Most authors reject the need for a research-practice distinction in pragmatic RCTs. They argue that the distinction rests on the presumptions that research participation offers patients less benefit and greater risk than clinical practice, but neither is true in the case of pragmatic RCTs. 2) Most authors further conclude that pragmatic RCTs may proceed without informed consent or with simplified consent procedures when risks are low and consent is infeasible. 3) Authors who endorse the need for consent assert that information need only be disclosed when research participation poses incremental risks compared to clinical practice. Authors disagree as to whether randomization must be disclosed. 4) Finally, all authors view regulatory oversight as burdensome and a practical impediment to the conduct of pragmatic RCTs, and argue that oversight procedures ought to be streamlined when risks to participants are low. Conclusion The current ethical discussion is framed by the assumption that the function of research oversight is to protect participants from risk. As pragmatic RCTs commonly involve usual care interventions, the risks may be minimal. This leads many to reject the research-practice distinction and question the need for informed consent. But the function of oversight should be understood broadly as protecting the liberty and welfare interest of participants and promoting public trust in research. This understanding, we suggest, will focus discussion on questions about appropriate ethical review for pragmatic RCTs. (shrink)

People often think there are moral duties that hold irrespective of the consequences, until those consequences exceed some threshold level – that we shouldn’t kill innocent people in order to produce the best consequences, for example, except when those consequences involve saving millions of lives. This view is known as “threshold deontology.” While clearly controversial, threshold deontology has significant appeal. But it has proven quite difficult to provide a non-ad hoc justification for it. This chapter develops a new justification, showing (...) that acting like a threshold deontologist is a good strategy for being moral, given our uncertainty and imperfect moral knowledge. And failing to use good strategies for being moral is, itself, morally bad. (shrink)

Some authors have called for increased research on various forms of geoengineering as a means to address global climate change. This paper focuses on the question of whether a particular form of geoengineering, namely deploying sulfate aerosols in the stratosphere to counteract some of the effects of increased greenhouse gas concentrations, would be a just response to climate change. In particular, we examine problems sulfate aerosol geoengineering (SAG) faces in meeting the requirements of distributive, intergenerational, and procedural justice. We (...) argue that SAG faces obstacles to meeting the requirements of all three considered kinds of justice, because its impacts can harm some persons and communities much more than others; it poses serious risks to future generations; and SAG is especially prone to unilateral implementation. While we do not claim that SAG ought not to be implemented, we argue that it is the responsibility of proponents of SAG to recognize and address these ethical obstacles before advocating its implementation. (shrink)

How ought we learn causal relationships? While Popper advocated a hypothetico-deductive logic of causal discovery, inductive accounts are currently in vogue. Many inductive approaches depend on the causal Markov condition as a fundamental assumption. This condition, I maintain, is not universally valid, though it is justifiable as a default assumption. In which case the results of the inductive causal learning procedure must be tested before they can be accepted. This yields a synthesis of the hypothetico-deductive and inductive accounts, which forms (...) the focus of this paper. I discuss the justification of this synthesis and draw an analogy between objective Bayesianism and the account of causal learning presented here. (shrink)

The procedure I will follow in this paper requires a brief initial note of explanation. Collingwood’s texts are opaque at two points. First, he does not make clear what precisely he meant by the claim that metaphysics is a historical discipline. The prevailing interpretation—which I dispute—has been that he had in mind a similarity or identity of certain methods of inquiry or explanation. Second, and more seriously, he does not make clear the relationship of his two main treatises on metaphysics. (...) They were written and published only seven years apart and one feels there ought to be some connection, if only that of explicit rejection, between them. Their connection is problematic; for they appear, on the surface, very different. Rather like the relationship of Plato’s Laws to his Republic. But Collingwood himself is almost completely noncommittal on how they stand, each to the other. He apparently saw in them some sort of continuity. But beyond this we have no sense of what he took their relationship to be. (shrink)

Procedural approaches to political legitimacy have become increasingly popular amongst liberals. According to such an approach, the legitimacy of a state decision is primarily derived from the processes followed in order to make that decision and not from the quality of the decision itself. The processes that liberals have in mind are typically those found within a system of democratic institutions. These electoral and legislative procedures are supposed to allow the state’s constitutive members to reach legitimately binding agreements on (...) how the state should exercise its power. In response to this trend in liberalism, this dissertation has two goals. The first is to argue that formal results in the social decision sciences seriously question the viability of these procedural approaches. The second goal, however, is to argue that these results do not necessitate complete abandonment of procedural approaches but require liberals to more carefully specify the sorts of agreements that legitimacy requires and what procedures may reliably produce such agreements. I ultimately agree that procedures are important for liberalism but they require more careful understanding and defense. In order to carry this project out, this dissertation is divided into five chapters. In the first two chapters, I outline a fairly standard account of liberalism while arguing that it contains a serious tension that liberal democratic institutions are supposed to resolve. The second chapter in particular seeks to explain the various ways in which the procedural aspects of democracy are particularly appealing in this respect. In the third chapter, I then present Arrow’s famous impossibility result along with other formal result from social choice theory suggesting that in certain situations there simply is no correct procedure for legitimate outcomes that the liberal state may employ. The fourth chapter responds to this concern by maintaining that there exists a symmetry between how an individual person and the liberal state make decisions, and that insights into individual decision making sheds light on how it may be done by a group of people in a liberal democracy. Finally, in the fifth chapter, I move in this direction by presenting an account of the sort of agreements between individuals that legitimacy ought to be grounded upon. Ultimately, procedures like voting remain an important aspect of liberal democracy for authorizing state action, though not necessarily for the reasons that many liberal democrats endorse. (shrink)

How ought we learn causal relationships? While Popper advocated a hypothetico-deductive logic of causal discovery, inductive accounts are currently in vogue. Many inductive approaches depend on the causal Markov condition as a fundamental assumption. This condition, I maintain, is not universally valid, though it is justifiable as a default assumption. In which case the results of the inductive causal learning procedure must be tested before they can be accepted. This yields a synthesis of the hypothetico-deductive and inductive accounts, which forms (...) the focus of this paper. I discuss the justification of this synthesis and draw an analogy between objective Bayesianism and the account of causal learning presented here. (shrink)

The procedure I will follow in this paper requires a brief initial note of explanation. Collingwood’s texts are opaque at two points. First, he does not make clear what precisely he meant by the claim that metaphysics is a historical discipline. The prevailing interpretation—which I dispute—has been that he had in mind a similarity or identity of certain methods of inquiry or explanation. Second, and more seriously, he does not make clear the relationship of his two main treatises on metaphysics. (...) They were written and published only seven years apart and one feels there ought to be some connection, if only that of explicit rejection, between them. Their connection is problematic; for they appear, on the surface, very different. Rather like the relationship of Plato’s Laws to his Republic. But Collingwood himself is almost completely noncommittal on how they stand, each to the other. He apparently saw in them some sort of continuity. But beyond this we have no sense of what he took their relationship to be. (shrink)

Procedures for the selection of subjects for participation in randomized clinical trials--usually formalized as eligibility criteria in the study protocol--have both scientific and ethical implications. In this thesis, I undertake an examination of eligibility criteria at three stages in the genesis and dissemination of medical knowledge: clinical trial protocol, interpretation by investigators, and reporting of study results.In the first chapter, ethical issues in subject selection are reviewed and the main study questions are presented. In the second chapter, the results of (...) an examination of eligibility criteria in two sets of clinical trials, one sponsored by the NSABP, the other sponsored by POG, covering a twenty-year time span are presented. The POG trials had far fewer eligibility criteria than the NSABP studies, suggesting that large numbers of criteria may not be necessary for high quality research. In the third chapter, the impact of subjective eligibility criteria on enrollment and investigator uncertainty is explored. Subjective criteria were associated with more variable enrollment decisions and greater uncertainty. Such criteria represent a threat to the validity, conduct and interpretation of trials and, therefore, should only be included when carefully justified. The fourth chapter examines the accuracy of the reporting of eligibility criteria in sets of corresponding study protocol, methods paper, journal article, and Clinical Alert. Important information is lost at each step in the dissemination of study results. Unnecessary criteria ought to be dropped at a trial's inception; all other criteria must be reported faithfully. The fifth chapter attempts to provide a comprehensive philosophical account of just selection procedures for clinical research using the political philosophy of Michael Walzer. The sixth, and last, chapter, discusses explanatory and pragmatic approaches to clinical trial design, overlapping scientific and ethical concerns related to eligibility criteria, and questions for further study. (shrink)

On a standard interpretation, the aim of the formula of universal law is to provide a decision procedure for determining the deontic status of actions. By contrast, this chapter argues for the practical significance of the CI centering on Kant’s account of the dynamics of incentives. This approach avoids some widespread misconceptions about how the CI operates and false expectations about what it promises and delivers. In particular, it explains how it differs from deductive practical inferences. The CI is the (...) supreme form of morality, and yet not in the sense that particular categorical principles can be derived deductively from it, once the relevant details are supplied. The efficacy of practical reasoning primarily concerns agents, and consists in their reorientation toward the right end. Moral knowledge is knowledge about what we ought to do, but it is also a distinctive variety of self-knowledge, that is, knowledge of ourselves as rationally efficacious agents. (shrink)

Decisions regarding clinical procedures or research participation typically require the informed consent of individuals. When individuals are unable to give consent, the informed permission of a legally authorized representative or surrogate is required. Although many proposed procedures are aimed primarily at benefiting the individual, some are not. I argue that, particularly when individuals are asked to assume risks primarily or exclusively for the benefit of others, family members ought to be engaged in the informed consent process. Examples of procedures in (...) which individuals are asked to assume risks primarily or exclusively for the benefit of others include living organ donation and research participation. (shrink)

Movements for environmental justice ought to engage the powerful mechanisms of change deployed in a Transitional Justice context. There is reason for restraint, however, in calling upon radically disruptive procedures to immediately amend the basic structure of society. I propose a modest expansion of the purview of Transitional Justice to recognize a class of environmental harms severe enough to trigger transitional measures. This class of harms is ecocide as social death, which I define as deliberate, state-sponsored environmental destruction resulting in (...) the annihilation of ways of life intimately connected to the natural world. The article then considers potential criticisms of this framework: its foundation in liberal political theory, its anthropocentrism, and its exclusion of global environmental harms. Despite being anthropocentric, the model offers a means of politically and legally representing the value of the natural world beyond its role as a stock of resources for human consumption. I defend an expressly liberal approach to Transitional Justice that emphasizes the core of the liberal social contract—respect for diversity. (shrink)

It seems to me that the ingredients of most theories both in Artificial Intelligence and in Psychology have been on the whole too minute, local, and unstructured to account–either practically or phenomenologically–for the effectiveness of common-sense thought. The "chunks" of reasoning, language, memory, and "perception" ought to be larger and more structured; their factual and procedural contents must be more intimately connected in order to explain the apparent power and speed of mental activities.

Act consequentialism states that an act is right if and only if the expected value of its outcome is at least as great as the expected value of any other act’s outcome. Two objections to this view are as follows. The first is that act consequentialism cannot account for our normative ambivalence in cases where agents perform the right act out of bad motives. The second is that act consequentialism is silent on questions of character: questions like ‘What are the (...) right motives to have?’ and ‘What kind of person ought I be?’. These objections have been taken to motivate a move to global consequentialism, on which acts are not the only subjects of normative assessment. Motives and decision-procedures are also judged right or wrong by direct reference to their consequences. In this paper, I argue that these objections fail to motivate the move from act to global consequentialism. (shrink)

A longstanding issue in attempts to understand the Everett (Many-Worlds) approach to quantum mechanics is the origin of the Born rule: why is the probability given by the square of the amplitude? Following Vaidman, we note that observers are in a position of self-locating uncertainty during the period between the branches of the wave function splitting via decoherence and the observer registering the outcome of the measurement. In this period it is tempting to regard each branch as equiprobable, but we (...) argue that the temptation should be resisted. Applying lessons from this analysis, we demonstrate (using methods similar to those of Zurek's envariance-based derivation) that the Born rule is the uniquely rational way of apportioning credence in Everettian quantum mechanics. In doing so, we rely on a single key principle: changes purely to the environment do not affect the probabilities one ought to assign to measurement outcomes in a local subsystem. We arrive at a method for assigning probabilities in cases that involve both classical and quantum self-locating uncertainty. This method provides unique answers to quantum Sleeping Beauty problems, as well as a well-defined procedure for calculating probabilities in quantum cosmological multiverses with multiple similar observers. (shrink)

This paper takes stock of a recent but growing movement within the field of deliberative democracy, which normatively argues for the epistemic dimension of democratic authority and positively defends the truth-tracking properties of democratic procedures. Authors within that movement call themselves epistemic democrats, hence the recognition by many of an ‘epistemic turn’ in democratic theory. The paper argues that this turn is a desirable direction in which the field ought to evolve, taking it beyond the ‘fact of disagreement’ that had (...) previously blocked the conceptual road to acknowledging more than intrinsic properties to democratic decision procedures. The paper shows how two authors in particular – Joshua Cohen and David Estlund – have successfully lifted the Rawlsian requirement of epistemic abstinence and defends epistemic democrats and the implications of the epistemic turn in democratic theory against various misconceptions. (shrink)

Disconnecting a patient from artificial life support, on their request, is often if not always a matter of letting them die, not killing them—and sometimes, permissibly doing so. Stopping a patient’s heart on request, by contrast, is a kind of killing, and rarely if ever a permissible one. The difference seems to be that procedures of the first kind remove an unwanted external support for bodily functioning, rather than intervening in the body itself. What should we say, however, about cases (...) at the boundary—procedures involving items that seem bodily in some respects, but not others? When, for instance, does deactivating an implanted device like a pacemaker count as killing, and when as letting die? Contra existing proposals, I argue that the boundaries of the body for this purpose are not drawn at the boundaries of the self, or (if this is different) the human organism. Nor should we determine when we are killing and when we are letting die by deferring to existing practices for distinguishing ongoing from completed treatment. Rather, I argue that whether something (organic or inorganic) counts as body part for purposes of this distinction depends on the results of a normative analysis of the particular character of our rights in it—particularly, whether and in what way these rights ought to be alienable. I conclude by arguing that there are likely good reasons to recognize distinctively “bodily” rights and restrictions in at least some implantable devices. (shrink)

Normative moral theories are frequently invoked to serve one of two distinct purposes: (1) explicate a criterion of rightness, or (2) provide an ethical decision-making procedure. Although a criterion of rightness provides a valuable theoretical ideal, proposed criteria rarely can be (nor are they intended to be) directly translated into a feasible decision-making procedure. This paper applies the computational framework of bounded rationality to moral decision-making to ask: how ought a bounded human agent make ethical decisions? We suggest agents ought (...) to follow moral maxims: principles that approximate rightness in many situations, but that can be overridden in specific, precisely describable circumstances. While this intuitive idea has been proposed many times before, we provide a precise model of how maxim consequentialism functions as an approximation to an act-consequentialist criterion of rightness, while maintaining the flexibility and defeasibility that has eluded most forms of rule consequentialism. Furthermore, while our overarching aim is to propose a new normative standard of moral decision-making, we demonstrate how maxim consequentialism can also function as a descriptive account of human behavior. We conclude by noting that different criteria of rightness may lead to different maxim-based ethics. (shrink)

This paper explores the space of possibilities for public justification in morally diverse communities. Moral diversity is far more consequential than is typically appreciated, and as a result, we need to think more carefully about how our standard tools function in such environments. I argue that because of this diversity, public justification can be divorced from any claim of determinateness. Instead, we should focus our attention on procedures—in particular, what Rawls called cases of pure procedural justice. I use a (...) modified form of the procedure “I cut, you choose” to demonstrate how perspectival diversity can make what looks like a simple procedure quite complex in practice. I use this to reframe disputes between classical liberal and contemporary liberal approaches to questions of public morality, arguing that classically liberal procedures, such as a reliance on the harm principle, can generate rather illiberal-looking outcomes when used in a morally diverse community. A seemingly less-principled approach, which simply balances burdens, appears to generate outcomes that look closer to what we would expect from classical liberalism. However, since both approaches are based on pure procedures that we can justify without reference to outcomes, it remains indeterminate which we ought to choose. (shrink)

In this paper I present an argument in favour of a parental duty to use preimplantation genetic diagnosis (PGD). I argue that if embryos created in vitro were able to decide for themselves in a rational manner, they would sometimes choose PGD as a method of selection. Couples, therefore, should respect their hypothetical choices on a principle similar to that of patient autonomy. My thesis shows that no matter which moral doctrine couples subscribe to, they ought to conduct the PGD (...) procedure in the situations when it is impossible to implant all of the created embryos and if there is a significant risk for giving birth to a child with a serious condition. (shrink)

Why do human beings make and accept promises? What human interest is served by this procedure? Many hold that promising serves what I shall call an information interest, an interest in information about what will happen. And they hold that human beings ought to keep their promises because breaches of promise threaten this interest. On this view human beings take promises seriously because we want correct information about how other human beings are going to act. Some such view is taken (...) for granted by most philosophical accounts of promissory obligation.1 I agree that human beings do want such information and that they often get it by accepting promises. But I doubt that promising exists because it serves this information interest. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...) and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

Until relatively recently, few democrats had much to say about the constitution of the ‘demos' that ought to rule. A number of recent writers have, however, argued that all those whose interests are affected must be enfranchised if decision-making is to be fully democratic. This article criticizes this approach, arguing that it misunderstands democracy. Democratic procedures are about the agency of the people so only agents can be enfranchised, yet not all bearers of interests are also agents. If we focus (...) on agency, rather than who is affected, then this leads us to focus on the permissible limits of action, rather than who makes the decision. Just as individual sovereignty is ordinarily limited by the requirement not to injure others, we may apply similar restrictions to what a demos can permissibly do. Thus, any collection of individuals may choose to regulate their affairs collectively for mutual benefit, but should be prohibited from imposing negative externalities on outsiders. On this view, the constitution or definition of the demos is arbitrary, from the democratic point of view. Moreover, democracy does not require the expansion of the franchise, unless injuries cannot be avoided. (shrink)

Contemporary societies are riddled with moral disputes caused by conflicts between value claims competing for the regulation of matters of public concern. This familiar state of affairs is relevant for one of the most important debates within liberal political thought: should institutions seek to realize justice or peace? Justice-driven philosophers characterize the normative conditions for the resolution of value conflicts through the establishment of a moral consensus on an order of priority between competing value claims. Peace-driven philosophers have concentrated, perhaps (...) more modestly, on the characterization of the ways in which competing value claims should be balanced, with a view to establishing a _modus vivendi _aimed at containing the conflict. _Interactive Justice _addresses an important question related to this debate: on what terms should the parties interact _during_ their conflict for their interaction to be morally acceptable to them? Although largely unexplored by political philosophers, this is a main area of concern in conflict management. Building on a proceduralist interpretation of "relational" concerns of justice, the author develops a liberal normative theory of interactive justice for the management of value conflict in politics grounded in the fundamental values of fair hearing and procedural equality. This book innovatively builds a bridge between works in political philosophy and peace studies to propose a fresh lens through which to view the normative responses liberal institutions ought to give to value conflict in politics, and moves beyond the apparent dichotomy between pursuing end-state justice through conflict resolution or peace through conflict containment. (shrink)

Suppose we can save either a larger group of persons or a distinct, smaller group from some harm. Many people think that, all else equal, we ought to save the greater number. This article defends this view (with qualifications). But unlike earlier theories, it does not rely on the idea that several people's interests or claims receive greater aggregate weight. The argument starts from the idea that due to their stakes, the affected people have claims to have a say in (...) the rescue decision. As rescuers, our primary duty is to respect these procedural claims, which we must do by doing what these people would decide, in a process where each is given an equal vote on the matter. So in cases where each votes in their own self-interest, respect for their equal right to decide, or their autonomy, will lead us to save the greater number. The argument is explained in detail, with special attention to the questions of how, exactly, it avoids aggregation, and of why majority rule is superior to lottery procedures. The view has further advantages. Especially, it explains the “partial” relevance of numbers in cases involving unequal harms, and it does so in a way that dissolves the appearance of paradox that besets theories of “partial aggregation.”. (shrink)

This chapter explores the foundation and content of the duty to respect persons. The authors argue that it is best understood as a duty to recognize people’s rights. Respect for persons therefore has specific implications for how competent and non-competent persons ought to be treated in research. For competent persons it underlies the obligation to obtain consent to many research procedures. The chapter gives an analysis of the requirements for obtaining valid consent. It then considers respect for persons as it (...) relates to four common topics: the therapeutic misconception, research with children and adolescents, the use of deception in research, and research on competent adults without their consent. (shrink)

Robert C. Stalnaker presents a set of essays on the structure of inquiry. First he focuses on the concepts of knowledge, belief, and partial belief, and on the rules and procedures we ought to use to determine what to believe. Then he explores the relations between conditionals and causal and explanatory concepts.

We are living in an algorithmic age where mathematics and computer science are coming together in powerful new ways to influence, shape and guide our behaviour and the governance of our societies. As these algorithmic governance structures proliferate, it is vital that we ensure their effectiveness and legitimacy. That is, we need to ensure that they are an effective means for achieving a legitimate policy goal that are also procedurally fair, open and unbiased. But how can we ensure that algorithmic (...) governance structures are both? This article shares the results of a collective intelligence workshop that addressed exactly this question. The workshop brought together a multidisciplinary group of scholars to consider barriers to legitimate and effective algorithmic governance and the research methods needed to address the nature and impact of specific barriers. An interactive management workshop technique was used to harness the collective intelligence of this multidisciplinary group. This method enabled participants to produce a framework and research agenda for those who are concerned about algorithmic governance. We outline this research agenda below, providing a detailed map of key research themes, questions and methods that our workshop felt ought to be pursued. This builds upon existing work on research agendas for critical algorithm studies in a unique way through the method of collective intelligence. (shrink)

Utilitarians are attracted to the idea that an act is morally right iff it leads to the best outcome. But critics have pointed out that in many cases we cannot determine which of our alternatives in fact would lead to the best outcome. So we can’t use the classic principle to determine what we should do. It’s not “practical”; it’s not “action-guiding”. Some take this to be a serious objection to utilitarianism, since they think a moral theory ought to be (...) practical and action-guiding. In response, some utilitarians propose to modify utilitarianism by replacing talk of actual utility with talk of expected utility. Others propose to leave the original utilitarian principle in place, but to combine it with a decision procedure involving expected utility. What all these philosophers have in common is this: they move toward expected utility in order to defend utilitarianism against the impracticality objection. My aim in this paper is to cast doubt on this way of replying to the objection. My central claim is that if utilitarians are worried about the impracticality objection, they should not turn to expected utility utilitarianism. That theory does not provide the basis for a cogent reply to the objection. (shrink)

The argument of this article is that the dual-nature thesis is not only capable of solving the problem of legal positivism, but also addresses all fundamental questions of law. Examples are the relation between deliberative democracy and democracy qua decision-making procedure along the lines of the majority principle, the connection between human rights as moral rights and constitutional rights as positive rights, the relation between constitutional review qua ideal representation of the people and parliamentary legislation, the commitment of legal argumentation (...) to both authoritative and non-authoritative reasons, and the distinction between rules as expressing a real “ought” and principles as expressing its ideal counterpart. All of this underscores the point that the dual nature of law is the single most essential feature of law. (shrink)

Multiple studies show that periodic reanalysis of genomic test results held by clinical laboratories delivers significant increases in overall diagnostic yield. However, while there is a widespread consensus that implementing routine reanalysis procedures is highly desirable, there is an equally widespread understanding that routine reanalysis of individual patient results is not presently feasible to perform for all patients. Instead, researchers, geneticists and ethicists are beginning to turn their attention to one part of reanalysis—reinterpretation of previously classified variants—as a means of (...) achieving similar ends to large-scale individual reanalysis but in a more sustainable manner. This has led some to ask whether the responsible implementation of genomics in healthcare requires that diagnostic laboratories routinely reinterpret their genomic variant classifications and reissue patient reports in the case of materially relevant changes. In this paper, we set out the nature and scope of any such obligation, and analyse some of the main ethical considerations pertaining to a putative duty to reinterpret. We discern and assess three potential outcomes of reinterpretation—upgrades, downgrades and regrades—in light of ongoing duties of care, systemic error risks and diagnostic equity. We argue against the existence of any general duty to reinterpret genomic variant classifications, yet we contend that a suitably restricted duty to reinterpret ought to be recognised, and that the responsible implementation of genomics into healthcare must take this into account. (shrink)

If whatever counts as merit for some purpose is unevenly distributed, a decision procedure that accurately sorts people on that basis will “pick up” and reproduce the pre-existing pattern in ways that more random, less merit-tracking procedures would not. This dynamic is an important cause for concern about the use of predictive models to allocate goods and opportunities. In this article, I distinguish two different objections that give voice to that concern in different ways. First, decision procedures may contribute to (...) future social injustice and other social ills by sustaining or aggravating patterns that undermine equality of status and opportunity. Second, the same decision procedures may wrong particular individuals by compounding prior injustices that explain those persons’ predicted or actual characteristics. I argue for the importance of the first idea and raise doubts about the second. In normative assessments and legal regulation of algorithmic decisionmaking, as in our thinking about anti-discrimination norms more broadly, a central concern ought to be the prospect of entrenching harmful and unjust patterns—quite apart from any personal wrong done to the individuals about whom predictions are made. (shrink)

Most philosophers of criminal law agree that between criminal offences and defences there is a significant, substantial difference. It is a difference, however, that has proved hard to pin down. In recent work, Duff and others have suggested that it mirrors the distinction between criminal answerability and liability to criminal punishment. Offence definitions, says Duff, are—and ought to be—those action-types ‘for which a defendant can properly be called to answer in a criminal court, on pain of conviction and condemnation if (...) she cannot offer an exculpatory answer’; and defences are ‘exculpatory answers’ that ‘block the transition from responsibility to liability’. I criticise this answerability-based account of the offence/defence divide. It is descriptively false, I claim, as well as normatively unappealing. (shrink)

In this paper, I aim to establish that, according to almost all democratic theories, instrumentalist considerations often dominate intrinsic proceduralist considerations in our decisions about whether to make extensive use of undemocratic procedures. The reason for this is that almost all democratic theorists, including philosophers commonly thought to be intrinsic proceduralists, accept ‘High Stakes Instrumentalism’. According to HSI, we ought to use undemocratic procedures in order to prevent high stakes errors - very substantively bad or unjust outcomes. However, democratically produced (...) severe substantive injustice is much more common than many proponents of HSI have realised. Proponents of HSI must accept that if undemocratic procedures are the only way to avoid these high stakes errors, then we ought to make extensive use of undemocratic procedures. Consequently, according to almost all democratic theorists, democratic theory ought, for practical purposes, to be reoriented towards difficult moral and empirical questions about the instrumental quality of procedures. Moreover, this is potentially very practically important because if there are available instrumentally superior undemocratic procedures, then wholesale institutional reform is required. This is one of the most potentially practically important findings of normative democratic theory. In spite of this, no-one has yet explicitly recognised it. (shrink)

This article advances three claims. The first is that the standard instrumentalist case for minimal age and sanity requirements for voting is weak and inconclusive in such a way that the evaluation of such requirements should be made exclusively on the basis of procedural fairness considerations. The second claim is that fairness requires the inclusion of all and only those persons who have the franchise capacity: the minimum necessary cognitive and moral powers to experience the benefits of enfranchisement. The (...) third and final claim is that current age and sanity prerequisites for voting in most places fail to comply with the demands of fairness and ought to be revised. (shrink)

A number of general points behind the story of this paper may be worth setting out separately, now that we have come to the end.There is perhaps one obvious omission to be addressed right away. Although the word “information” has occurred throughout this paper, it must have struck the reader that we have had nothing to say on what information is. In this respect, our theories may be like those in physics: which do not explain what “energy” is (a notion (...) which seems quite similar to “information” in several ways), but only give some basic laws about its behaviour and transmission.The eventual recommendation made here has been to use a broad type-theoretic framework for studying various more classical and more dynamic notions of proposition in their interaction. This is not quite the viewpoint advocated by many current authors in the area, who argue for a whole-sale switch from a ‘static’ to a ‘dynamic’ perspective on propositions. This is not the place, however, to survey the conceptual arguments for and against such a more radical move.This still leaves many questions about possible reductions from one perspective to another. For instance, it would seem that classical systems ought to serve as a ‘limiting case’, which should still be valid after procedural details of some cognitive process have been forgotten. There are various ways of implementing the desired correspondence: e.g. by considering extreme cases with ⫅ equal to identity, or, in the pure relational algebra framework by considering only pairs (x, x). What we shall want then are reductions of dynamic logics, in those special cases, to classical logic. But perhaps also, more sophisticated views are possible. How do we take a piece of ‘dynamic’ prose, remove control instructions and the like, and obtain a piece of ‘classical’ text, suitable for inference ‘in the light of eternity’?There is also a more technical side to the matter of ‘reduction’. By now, Logic has reached such a state of ‘inter-translatability’ that almost all known variant logics can be embedded into each other, via suitable translations. In particular, once an adequate semantic has been given for a new system, this usually induces an embedding into standard logic: as we know, e.g., for the case of Modal Logic. Like-wise, all systems of dynamic interpretation or inference proposed so far admit of direct embedding into an ordinary ‘static’ predicate logic having explicit transition predicates (cf. van Benthem 1988b). Thus, our moral is this. The issue is not whether the new systems of information structure or processing are essentially beyond the expressive resources of traditional logical systems: for, they are not. The issue is rather which interesting phenomena and questions will be put into the right focus by them.The next broad issue concerns the specific use of the perspective proposed here, vis-à-vis concrete proposals for information-oriented or dynamic semantics. The general strategy advocated here is to locate some suitable base calculus and then consider which ‘extras’ are peculiar to the proposal. For instance, this is the spirit in which modal S4 would be a base logic of information models, and intuitionistic logicthe special theory devoting itself to upward persistent propositions. Or, with the examples in Section 4.1, the underlying base logic is our relational algebra, whereas, say, ordinary updates then impose special properties, such as ‘idempotence’: $$xRy \Rightarrow yRy$$ Does this kind of application presuppose the existence of one distinguished base logic, of which all others are extensions? This would be attractive-and some form of relational algebra or linear logic might be a reasonable candidate. Nevertheless, the enterprise does not rest on this outcome. What matters is an increased sensitivity to the ‘landscape’ of dynamic logics, just as with the ‘Categorial Hierarchy’ in Categorial Grammar (cf. van Benthem 1989a, 1991) where the family of logics with their interconnections seems more important than any specific patriarch.Finally, perhaps the most important issue in the new framework is the possibility of new kinds of questions arising precisely because of its differences from standard logic. Notably, given the option of regarding propositions as programs, it will be of interest to consider systematically which major questions about programming languages now make sense inside logic too.EXAMPLE. Correctness. When do we have $$\left[\kern-0.15em\left[ \pi \right]\kern-0.15em\right](\left[\kern-0.15em\left[ A \right]\kern-0.15em\right]) \subseteq \left[\kern-0.15em\left[ B \right]\kern-0.15em\right]$$ for (s, t) propositions A, B and a dynamic (s, (s, t)) proposition π?Program Synthesis. Which dynamic proposition will take us from an information state satisfying A to one satisfying B? (This question needs refinement, lest there be trivial answers.)Determinism. Which propositions as programs are deterministic, in the sense of defining single-valued functions from states to states?Querying. What does it mean to ask for information in the present setting? (Again, individual types referring to e will be crucial here.)This is not merely an agenda for wishful thinking. Within Logic, there are various ways of introducing such concerns into semantics, especially, using tools from Automata Theory. (See van Benthem 1989c for further discussion of such computational perspectives in ‘cognitive programming’.)At least if one believes that ‘dynamics’ is of the essence in cognition (rather than a mere interfacing problem between the halls of eternal truth and the noisy streets of reality), the true test for the present enterprise is the development of a significant new research program not merely copying the questions of old. (shrink)