As Kant claimed in the Groundwork, and as the idea has been developed by Korsgaard 1997, Bratman 1987, and Broome 2002. This formulation is agnostic on whether reasons for ends derive from our desiring those ends, or from the relation of those ends to things of independent value. However, desire-based theorists may deny, against Hubin 1999, that their theory is a combination of a principle of instrumental transmission and the principle that reasons for ends are provided by desires. Instead, they (...) may say, there is just one principle, a principle of, if you will, instrumental transmutation: if one desires the end, then one has reason to take the means. See the discussion of General Production, in section 8, for a doubt about this. (shrink)

According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that a person knows (...) a proposition when their evidence rules out all relevant error possibilities. I adapt this framework to model three legal standards of proof—the preponderance of evidence, clear and convincing evidence, and beyond reasonable doubt standards. I describe virtues of this framework. I argue that, by eschewing numerical thresholds, the relevant alternatives framework avoids problems inherent to rival models. I conclude by articulating aspects of legal normativity and practice illuminated by the relevant alternatives framework. (shrink)

AI and people do not compete on a level-playing field. Self-driving vehicles may be safer than human drivers, but laws often penalize such technology. People may provide superior customer service, but businesses are automating to reduce their taxes. AI may innovate more effectively, but an antiquated legal framework constrains inventive AI. In The Reasonable Robot, Ryan Abbott argues that the law should not discriminate between AI and human behavior and proposes a new legal principle that will ultimately improve human (...) well-being. This work should be read by anyone interested in the rapidly evolving relationship between AI and the law. (shrink)

Attention is given to a background idea that is often invoked in discussions about reasonable partiality: the idea of a moral division of labour. It is not only a right, but also a duty for professionals to attend (almost) exclusively to the interests of their own clients, because their partial activities are part of an impartial scheme providing for an allocation of professional help to all clients. To clarify that idea, a difference is made between two kinds of division (...) of labour, a technical one and a social one. In order to assess the applicability of the idea of a moral division of labour to professional ethics, journalism is contrasted with other professions. (shrink)

Ethical theories normally make room both for global duties to human beings everywhere and special duties to those we are attached to in some way. Such a split-level view requires us to specify the kind of attachment that can ground special duties, and to explain the comparative force of the two kinds of duties in cases of conflict. Special duties are generated within groups that are intrinsically valuable and not inherently unjust, where the duties can be shown to be integral (...) to relationships within the group. Since nations can be shown to meet these conditions, acknowledging special obligations towards compatriots is justified. However for such partiality to be reasonable, it must be balanced against recognition of duties of global justice. These duties include duties to respect human rights and duties of fairness towards non-nationals. Weighing such duties against domestic duties of social justice is not a simple task, and the outcome should depend on the precise specification of the duty at stake. In particular, the duty to respect human rights fragments into four sub-duties whose force when set against local duties is markedly different. (shrink)

The later Rawls attempts to offer a non-comprehensive, but nonetheless moral justification in political philosophy. Many critics of political liberalism doubt that this is successful, but Rawlsians often complain that such criticisms rely on the unwarranted assumption that one cannot offer a moral justification other than by taking a philosophically comprehensive route. In this article, I internally criticize the justification strategy employed by the later Rawls. I show that he cannot offer us good grounds for the rational hope that citizens (...) will assign political values priority over non-political values in cases of conflict about political matters. I also suggest an alternative approach to justification in political philosophy (that is, a weak realist, Williams-inspired account) that better respects the later Rawls’s concern with non-comprehensiveness and pluralism than either his own view or more comprehensive approaches. Thus, if we take reasonable pluralism seriously, then we should adopt what Shklar aptly called ‘liberalism of fear’. (shrink)

The publication of Political Liberalismhas allowed John Rawls to bring to the fore issues that remained in the background of A Theory of Justice. His explicit attention to the concept of ‘the reasonable’ is a welcome development. In a more recent publication, he affirms the importance of this concept, ‘while [granting] that the idea of the reasonable needs a more thorough examination than Political Liberalism offers.’ In this paper, I will present a critical exposition of the senses of (...) the reasonable on which justice as fairness relies. Rawls employs the term in four main contexts. I will outline these various senses and argue that in each case, a controversy in the secondary literature can be resolved by close attention to the concept of the reasonable. In three of these contexts, Rawls relies on what I will call a ‘strong’ sense of the reasonable, while in one he sometimes seems to rely on a ‘weak’ sense. I argue that justice as fairness is best served by relying on a strong sense throughout. (shrink)

In Reasonable Democracy, Simone Chambers describes, explains, and defends a discursive politics inspired by the work of Jürgen Habermas. In addition to comparing Habermas's ideas with other non-Kantian liberal theories in clear and accessible prose, Chambers develops her own views regarding the role of discourse and its importance within liberal democracies. Beginning with a deceptively simple question—"Why is talking better than fighting?"—Chambers explains how the idea of talking provides a rich and compelling view of morality, rationality, and political stability. (...) She considers talking as a way for people to respect each other as moral agents, as a way to reach reasonable and legitimate solutions to disputes, and as a way to reproduce and strengthen shared understandings. In the course of this argument, she defends modern universalist ethics, communicative rationality, and what she calls a "discursive political culture," a concept that locates the political power of discourse and deliberation not so much in institutions of democratic decision-making as in the type of conversations that go on around these institutions. While discourse and deliberation cannot replace voting, bargaining, or compromise, Chambers argues, it is important to maintain a background moral conversation in which to anchor other activities. As an extended case study, Chambers examines the conversation about language rights that has been taking place for more than twenty years in Quebec. A culture of dialogue, she shows, has proved a positive and powerful force in resolving some of the disagreements between the two linguistic communities there. (shrink)

Sometimes, the availability of more evidence for a conclusion provides a reason to believe in its falsity. This counter-intuitive phenomenon is related to the idea of higher-order evidence, which has attracted broad interest in recent epistemological literature. Occasionally, providing more evidence for something weakens the case in its favor, by casting doubt on the probative value of other evidence of the same sort or on the fact-finder’s cognitive performance. We analyze this phenomenon, discuss its rationality, and outline possible application to (...) evidence law and to the law in general. It is suggested, inter alia, that such higher-order evidence may explain how judicial experience-based expertise in fact-finding is possible despite the absence of a feedback mechanism; and that fact-finders’ self-doubt regarding their own competence in making ‘beyond-reasonable doubt’ judgments might be reasonable and should not be ignored. (shrink)

In this fascinating look at the philosophy of self-esteem, Richard Keshen develops and defends the idea of reasonable self-esteem -- a concept based on an ideal of reasonableness -- and argues that individuals who think of themselves in terms of this paradigm will lead happier and more fulfilling lives. Keshen presents a set of guidelines for analysing self-esteem and examines various factors that influence our self-esteem, such as other people's evaluations, comparisons with others, social relationships, and inherent qualities. He (...) asserts that self-esteem not founded on individual achievement leads to a continual search for external supports and is easily shaken when such supports are not found. A key element of Keshen's argument is the ideal of egalitarian respect, and he shows how we can integrate this ideal into our lives. Reasonable Self-Esteem demonstrates the attraction of a life in which reasonableness is a central commitment. It will appeal to those with an interest in philosophy, ethics, and moral psychology and is essential reading for those concerned with self-esteem. (shrink)

Keshen presents a set of guidelines for analysing self-esteem and examines various factors that influence our self-esteem, such as other people's evaluations, comparisons with others, social relationships, and inherent qualities. He asserts that self-esteem not founded on individual achievement leads to a continual search for external supports and is easily shaken when such supports are not found. A key element of Keshen's argument is the idea of egalitarian respect, and he shows how we can integrate this idea into our lives. (...) Reasonable Self-Esteem demonstrates the attraction of a life in which reasonableness is a central commitment. It will appeal to those with an interest in philosophy, ethics, and moral psychology and is essential reading for those concerned with self-esteem. (shrink)

It is widely agreed that ignorance of fact exculpates, but does moral ignorance exculpate? If so, does it exculpate in the same way as non-moral ignorance? In this paper I will argue that on one family of views explaining exculpating non-moral ignorance also explains exculpating moral ignorance. The view can be loosely stated in the following way: ignorance counts as an excuse only if it is not the result of a failure to meet some applicable reasonable epistemic standard—call this (...) the Reasonable Epistemic Standards Thesis and call views that accept some version of this principle reasonable standards views. I argue that any plausible reasonable standards view ought to allow that moral ignorance exculpates, at least sometimes, and defend such views against the charge that they are susceptible to clear counterexamples. (shrink)

The reasonable person standard is key to both Criminal Law and Torts. What does and does not count as reasonable behavior and decision-making is frequently deter- mined by lay jurors. Hence, laypeople’s understanding of the term must be considered, especially whether they use it predominately in an evaluative fashion. In this corpus study based on supervised machine learning models, we investigate whether laypeople use the expression ‘reasonable’ mainly as a descriptive, an evaluative, or merely a value-associated term. (...) We find that ‘reasonable’ is predicted to be an evaluative term in the majority of cases. This supports prescriptive accounts, and challenges descriptive and hybrid accounts of the term—at least given the way we operationalize the latter. Interestingly, other expressions often used interchangeably in jury instructions (e.g. ‘careful,’ ‘ordinary,’ ‘prudent,’ etc), however, are predicted to be descriptive. This indicates a discrepancy between the intended use of the term ‘reasonable’ and the understanding lay jurors might bring into the court room. (shrink)

The 'no-supervenience' theorem (Reason, 2019; Reason and Shah, 2021) is a proof that no fully self-aware system can entirely supervene on any objectively observable system. I here present a simple, non-technical summary of the proof and demonstrate its implications for four separate theories of consciousness: the 'property dualism' theory of David Chalmers; the 'reflexive monism' of Max Velmans; Galen Strawson's 'realistic monism'; and the 'illusionism' of Keith Frankish. It is shown that all are ruled out in their current form by (...) the no-supervenience theorem, except for Chalmers' theory, which I show requires humans to behave irrationally. (shrink)

It is argued that reasonable partiality allows an agent to attach value to particular objects of attachment via recognition of the value of the holding of that relation between agent and object. The reasonableness of partiality is ensured by a background context set by the agent's virtues, notably justice. It is argued that reasonable partiality is the only view that is compatible with our best account of the nature of self-knowledge. That account rules out any instrumental relationship between (...) moral demands and moral character, but that familiar claim is given an unfamiliar explanation. Instrumentality depends on a prior objectification of the self and it is that kind of objectification that, in the ethical case, represents a form of ethical evasion. Self-knowledge is transparent, incomplete and essentially connected with first person endorsement. The transparency condition is that knowledge of one's state of mind is "taken" transparently to its object. More specifically, ethical transparency is the feature that my virtues do not exhibit themselves to me in self-knowledge, but take me transparently to the way in which they saliently represent the world as containing evaluative properties calling for various forms of response. It is concluded that reasonable partiality grounded in the nature of the virtues is the only reflective account of morality compatible with the most plausible account of the nature of self-knowledge. The demands of impartiality are incompatible with a condition of having a personal point of view, namely, that a self can stand in a non-alienated relation to itself via its capacity for self-knowledge. (shrink)

A regulative norm for permissible defense distinguishes the conditions under which we will hold defenders to be innocent of any wrongdoing from those in which we hold them responsible for assault or manslaughter. The norm must strike a fair balance between defenders' security, on the one hand, and other agents’ legitimate claim to live without fear of suffering mistaken defensive harm, on the other. Since agents must make defensive decisions under high pressure and on only partial information, they will sometimes (...) make mistakes. We have reason to want a norm that considers a mistake permissible when it was highly likely on the evidence that defense was proportionate and necessary to avert a threat. However, adopting an evidentialist norm under non-ideal conditions is treacherous business. I briefly survey empirical data suggesting that the type and extent of bias prevalent in the US renders a straightforward evidentialist norm unjust, and thus since the legal practice in the US relies on such a norm, we must explore avenues for reform. Preferably this will take the form of adopting a modified evidential norm, and I explore some promising options. If this proves impossible, however, then we have to accept a strict regulative norm (which does not consider any mistakes permissible), as the sole just alternative. (shrink)

It is difficult, if not impossible, to so define the term as to satisfy a subtle and metaphysical mind, bent on the detection of some point, however attenuated, upon which to hang a criticism. —Supreme Court of Virginia 1.

This chapter contains sections titled: Reincarnation/Rebirth Karma Causality Problem of Evil Determinism, Freedom, and Moral Responsibility Karma and Release Transfer of Merit Recent Developments Works cited.

Among various kinds of disclosures typically required in research as well as in clinical scenarios, risk information figures prominently. A key question is, what kinds of risk information would the reasonable person want to know? I will argue, however, that the reasonable person construct is and always has been incapable of settling this very question. After parsing the nebulous if not “contentless” character of the reasonable person, I will explain how Western courts have actually adjudicated cases of (...) “negligent nondisclosure,” that is, cases in which patient‐plaintiffs allege that their informed consent rights were violated by the failure of their health providers to inform them of reasonably foreseeable risks that subsequently materialized. To support my argument, I will scrutinize the landmark decision by the United Kingdom's Supreme Court in Montgomery v. Lanarkshire Health Board and, in particular, Justice Brenda Hale's concurrence. (shrink)

This paper is about four inferences patterns governing conditionals: Transitivity, Simplification, Contraposition, and Antecedent Strengthening. Transitivity, Simplification, and Contraposition are intuitively compelling. Although Antecedent Strengthening may seem less attractive at first, close attention to the full range of data reveals that it too has considerable appeal. An adequate theory of conditionals should account for these facts. The strict theory does so by validating them. But the variably strict theory invalidates them. So the variably strict theorist faces a question: why do (...) we find these inferences so compelling? In this paper, I suggest an answer on her behalf: that they are reasonable inferences in the sense introduced by Stalnaker (1975). -/- . (shrink)

Abstract Finding the western just war criterion of reasonable chance of success to be a contribution to ethical decision making about armed conflict requires dealing with a number of critiques. Specifying ?probability? rather than the alternatives ?hope? or ?chance?, and raising standards of evidence involved, makes the term less vague. Expanding the concept of ?success? to include morally defensible aims that can be achieved without military victory enriches the understanding of the moral relationship between ends and means in armed (...) conflict. Asking decision makers to accept moral responsibility for the costs of possible failure is a unique contribution to the just war criteria. The enriched concept of reasonable probability of success thus offers morally significant insights to prewar jus ad bellum decisions, and can benefit ethical decision-making about whether to continue once fighting has begun. (shrink)

In this essay I dispute the widely held view that utility theory and decision theory are formalizations of instrumental rationality. I show that the decision theoretic framework has no deep problems accommodating the ?reasonable? qua a preference to engage in fair cooperation as such. All evaluative criteria relevant to choice can be built into a von Neumann?Morgenstern utility function. I focus on the claim that, while rational choice?driven agents are caught in the Pareto?inferior outcome, reasonable agents could ?solve? (...) the PD and cooperate. Not so, I argue. If reasonable people find themselves in PD situations they too would follow the dominant ?defect? strategy. The difference between instrumentally rational agents and those who are also reasonable is not that they would behave differently in Prisoner?s Dilemmas, but that reasonable people are more successful at avoiding the Prisoner?s Dilemma and tend to play more cooperative games. (shrink)

In criminal trials, judges or jurors have to decide whether the facts described in the indictment are proven beyond a reasonable doubt. However, these decision-makers cannot always imagine every relevant sequence of events—there may be unconceived alternatives. The possibility of unconceived alternatives is an overlooked source of reasonable doubt. I argue that decision-makers should not consider the defendant’s guilt proven if they have good reasons to believe that plausible, unconceived scenarios exist. I explore this thesis through the lens (...) of the two most influential accounts of rational criminal proof—Bayesian and explanation-based approaches. I draw on related ideas from the philosophy of science to show why and when unconceived alternatives lead to reasonable doubt on either account. (shrink)

People tend to contribute more—and think they have stronger obligations to contribute more—to rescuing an identified victim rather than a statistical one. Indeed, they are often disposed to contribute more to rescuing a single identified victim than a greater number of statistical ones. By an “identified victim,” I mean Terry Q., lying injured in the passenger seat of the wrecked automobile on the corner of Main Street and Broadway, or Jessica McClure, the child who fell into the Texas well in (...) 1987 and whose family was sent $700,000 in donations for her. We need not know their names, however, and we can accept a very minimal form of identification. By a “statistical victim,” I mean the person who, extrapolating from traffic records, will be in a similar, serious car accident tomorrow (and may then be identified), or the children who will fall into wells next year if we do not cap them better than we did the well that trapped Jessica. Does this disposition (or perceived obligation) have any normative force? I initially thought there could be no such normative force, but consequentialist and nonconsequentialist arguments, pro and con, have convinced me that reasonable people can disagree with each other. This disagreement poses a problem for political philosophy: how should policy choices take such disagreement into account? (shrink)

In this response, we first tackle what we take to be the core disagreement between ourselves and Hammersley, namely the justification for our model of social research ethics governance. We then consider what follows from our defence of governance for ethics review and show how these claims attend to the specific concerns outlined by Hammersley.

Questions of how we claim to know the things that we know and whose claims to knowledge are treated as authoritative are inescapable in reaching legal judgments. I want to illustrate this generalization by referring to a pair of hypothetical self-defense cases that, I argue, require fact finders to judge both how “accurately” each defendant understood the situation in which he found himself and how accurately policymakers can assess the consequences of alternative legal rules.The first case I will deal with (...) is one in which the defendant shoots and kills her sleeping husband. The husband had physically abused her over a long period. While the defendant will of course acknowledge that she was in no immediate danger at the moment she killed the man, her preliminary claim is that she needed to act self-defensively at that moment for fear that she subsequently would be incapable of defending herself against life-threatening attacks that she was convinced would inevitably be made.The second case is one in which a white defendant shoots and kills a black teenager who has confronted him on the subway, in a situation in which the teenager’s “threats” were ambiguous. The shooting victim had brandished no weapon and made no physical contact with the defendant, but he had “asked” the defendant for money and, in the defendant’s mind, displayed a generally threatening demeanor. I will presuppose that this defendant—unlike Bernhard Goetz, the defendant in the notorious New York subway vigilante case on which I partly base this hypothetical model—overtly acknowledges that the race of the victim played a substantial role in his assessment of the danger of the situation. Mark Kelman, professor of law at Stanford University, is the author of A Guide to Critical Legal Studies as well as a number of articles on law and economics, taxation, criminal law, and legal theory. (shrink)

The revised Common Rule adopts the reasonable person standard to guide research disclosure. Some members of the research community contend that the standard is confusing and ill-suited to the research oversight system. Yet the revised rule is not as radical as it might seem. During the 1970s, judges started using the standard to evaluate negligence claims brought by injured patients who said doctors had failed to obtain informed consent to the harmful procedures. In its influential Belmont Report, the National (...) Commission recommended application of a “reasonable volunteer standard” to guide IRBs evaluating research disclosures. Evidence also suggests that IRBs often invoke the reasonable person standard in deliberations about consent forms. But past application of the standard has been informal and uneven. Robust application of the reasonable person standard will require researchers and IRBs to learn more about what ordinary people want and need to know about the studies they are invited to join. Input from people with personal experience as study participants could be particularly useful to this effort. (shrink)

Under free institutions the exercise of human reason leads to a plurality of reasonable, yet irreconcilable doctrines. Rawls's political liberalism is intended as a response to this fundamental feature of modern democratic life. Justifying coercive political power by appeal to any one (or sample) of these doctrines is, Rawls believes, oppressive and illiberal. If we are to achieve unity without oppression, he tells us, we must all affirm a public political conception that is supported by these diverse reasonable (...) doctrines. The first part of this essay argues that the free use of human reason leads to reasonable pluralism over most of what we call the political. Rawls's notion of the political does not avoid the problem of state oppression under conditions of reasonable pluralism. The second part tries to show how justificatory liberalism provides (1) a conception of the political that takes seriously the fact that the free use of human reason leads us to sharply disagree in the domain of the political while (2) articulating a conception of the political according to which the coercive intervention of the state must be justified by public reasons. (shrink)