Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...) reasons for concept use, which tell us which concepts to adopt, adhere to, or abandon, thereby shoring up—or undercutting—the reasons for action and belief that guide our deliberations. Traditionally, reasons for concept use have been sought either in timeless rational foundations or in concepts’ inherent virtues, such as precision and consistency. Against this, the book advances two main claims: that we find reasons for concept use in the conceptual needs we discover when we critically distance ourselves from a concept by viewing it from the autoethnographic stance; and that sometimes, concepts that conflict, or exhibit other vices such as vagueness or superficiality, are just what we need. By considering not what concepts are absolutely best, but what concepts we now need, we can reconcile ourselves to the contingency of our concepts, determine the proper place of efforts to tidy up thought, and adjudicate between competing conceptions of things,—even things as contested as liberty or free will. A needs-based approach separates helpful clarification from hobbling tidy-mindedness, and authoritative definition from conceptual gerrymandering. (shrink)

In this paper I argue that resource allocation in publicly funded medical systems cannot be done using a purely substantive theory of justice, but must also involve procedural justice. I argue further that procedural justice requires institutions and that these must be “local” in a specific sense which I define. The argument rests on the informational constraints on any non-market method for allocating scarce resources among competing claims of need. However, I resist the identification of this normative account of local (...) justice with the actual approach to local decision-making taken within the UK National Health Service. I illustrate my argument with reference to the case of provision of In Vitro Fertilisation within the UK NHS. (shrink)

Error theories about morality often take as their starting point the supposed queerness of morality, and those resisting these arguments often try to argue by analogy that morality is no more queer than other unproblematic subject matters. Here, error theory (as exemplified primarily by the work of Richard Joyce) is resisted first by arguing that it assumes a common, modern, and peculiarly social conception of morality. Then error theorists point out that the social nature of morality requires one to act (...) against one's self-interest while insisting on the categorical, inescapable, or overriding status of moral considerations: they argue that morality requires magic, then (rightly) claim that there is no such thing as magic. An alternate eudaimonist conception of morality is introduced which itself has an older provenance than the social point of view, dating to the ancient Greeks. Eudaimonism answers to the normative requirements of morality, yet does not require magic. Thus, the initial motivation for error theory is removed. (shrink)

Logical monism is the view that there is ‘One True Logic’. This is the default position, against which pluralists react. If there were not ‘One True Logic’, it is hard to see how there could be one true theory of anything. A theory is closed under a logic! But what is logical monism? In this article, I consider semantic, logical, modal, scientific, and metaphysical proposals. I argue that, on no ‘factualist’ analysis (according to which ‘there is One True Logic’ expresses (...) a factual claim, rather than an attitude like approval), does the doctrine have both metaphysical and methodological import. Metaphysically, logics abound. Methodologically, what to infer from what is not settled by the facts, even the normative ones. I conclude that the only interesting sense in which there could be One True Logic is noncognitive. The same may be true of monism about normative areas, like moral, epistemic, and prudential ones, generally. (shrink)

It is often thought that the correct metaphysics and epistemology of reasons will be broadly unified across different kinds of reason: reasons for belief, and reasons for action. This approach is sometimes thought to be undermined by the contrasting natures of belief and of action: whereas belief appears to have the ‘constitutive aim’ of truth (or knowledge), action does not appear to have any such constitutive aim. I develop this disanalogy into a novel challenge to metanormative approaches by thinking about (...) disagreement. The constitutive aim of belief can play a role in adjudicating epistemic disagreements for which there is no analogue in practical disagreements. Consequently, we have more reason, all else being equal, to expect convergence in epistemic judgment than in practical judgment. This represents a prima facie challenge to the metanormative theorist because the extent of (suitably specified) disagreement in an area of thought is of prima facie significance for the metaphysics of that area of thought. (shrink)

How do multiple reasons combine to support a conclusion about what to do or believe? This question raises two challenges: How can we represent the strength of a reason? How do the strengths of multiple reasons combine? Analogous challenges about confirmation have been answered using probabilistic tools. Can reductive and nonreductive theories of reasons use these tools to answer their challenges? Yes, or more exactly: reductive theories can answer both challenges. Nonreductive theories, with the help of a result in confirmation (...) theory, can answer one, and there are grounds for optimism that they can answer the other. (shrink)

Though there have been productive interactions between moral philosophers and deontic logicians, there has also been a tradition of neglecting the insights that the fields can offer one another. The most sustained interactions between moral philosophers and deontic logicians have notbeen systematic but instead have been scattered across a number of distinct and often unrelated topics. This chapter primarily focuses on three topics. First, we discuss the “actualism/possibilism” debate which, very roughly, concerns the relevance of what one will do at (...) some future time to what one ought to do at present (§2). This topic is also used to introduce various modal deontic logics. Second we discuss the particularism debate which, very roughly, concerns whether there can be any systematic general theory of what we ought to do (§3). This topic is also used to introduce various non-modal deontic logics. Third, we discuss collective action problems which concern the connection between the obligations of individuals and the behavior and obligations of groups of individuals (§4).This topic is also used to discuss formal systems that allow us to study the relationship between individuals and groups. The chapter also contains a general discussion of the relation between ethical theory and deontic logic (§1) and a brief consideration of other miscellaneous topics (§5). (shrink)

We argue that all comparative expressions in natural language obey a principle that we call Comparability: if x and y are at least as F as themselves, then either x is at least as F as y or y is at least as F as x. This principle has been widely rejected among philosophers, especially by ethicists, and its falsity has been claimed to have important normative implications. We argue that Comparability is needed to explain the goodness of several patterns (...) of inference that seem manifestly valid, that the purported failures of Comparability would have absurd consequences, and that the influential arguments against Comparability are less compelling than they may have initially seemed. (shrink)

Pattern-based reasons are reasons for action deriving not from the features of our own actions, but from the features of the larger patterns of action in which we might be participating. These reasons might relate to the patterns of action that will actually be carried out, or they might relate to merely hypothetical patterns. In past work, I have argued that accepting merely hypothetical pattern-based reasons, together with a plausible account of how to weigh these reasons, can lead to disastrous (...) consequences. However, in this article, I argue that this problem is not limited to hypothetical pattern-based reasons: it turns out that there are analogous issues for reasons deriving from actual patterns. I then suggest that we can avoid this problem by adopting a different account of the weight of pattern-based reasons. (shrink)

Deliberation incompatibilism is the view that an agent being rational and deliberating about which of (mutually excluding) actions to perform, is incompatible with her believing that there exist prior conditions that render impossible the performance of either one of these actions. However, the main argument for this view, associated most prominently with Peter van Inwagen, appears to have been widely rejected by contemporary authors on free will. In this paper I argue first that a closer examination of van Inwagen's argument (...) shows that the standard objections are based on a misunderstanding of the notion of ‘deliberation’ presupposed in this argument. Second, I attempt to strengthen the case for deliberation incompatibilism by offering a different argument in its support. (shrink)

This paper challenges the appeal to theory virtues in theory choice as well as the appeal to the intellectual and moral virtues of an agent as determining unique choices between empirically equivalent theories. After arguing that theoretical virtues do not determine the choice of one theory at the expense of another theory, I argue that nor does the appeal to intellectual and moral virtues single out one agent, who defends a particular theory, and exclude another agent defending an alternative theory. (...) I analyse Duhem’s concept of good sense and its recent interpretation in terms of virtue epistemology. I argue that the virtue epistemological interpretation does not show how good sense leads to conclusive choices and scientific progress. (shrink)

This article gives an overview of some recent debates about the relationship between reasons and rational requirements of coherence - e.g. the requirements to be consistent in our beliefs and intentions, and to intend what we take to be the necessary means to our ends.

In Rabinowicz (2008), I considered how value relations can best be analysed in terms of fitting pro-attitudes. In the formal model of that paper, fitting pro-attitudes are represented by the class of permissible preference orderings on a domain of items that are being compared. As it turns out, this approach opens up for a multiplicity of different types of value relationships, along with the standard relations of ‘better’, ‘worse’, ‘equally as good as’ and ‘incomparable in value’. Unfortunately, the approach is (...) vulnerable to a number of objections. I believe these objections can be avoided if one re-interprets the underlying notion of preference: instead of treating preference as a ‘dyadic’ attitude directed towards a pair of items, we can think of it as a difference of degree between ‘monadic’ attitudes of favouring. Each such monadic attitude has just one item as its object. Given this re-interpretation, permissible preferences can be modelled by the class of permissible assignments of degrees of favouring to items in the domain. From this construction, we can then recover the old modelling in terms of the class of permissible preference orderings, but the previous objections to that model no longer apply. (shrink)

Deliberation often begins with the question ‘What do I want to do?’ rather than the question of what one ought to do. This paper takes that question at face value, as a question about which of one’s desires is strongest, which sometimes guides action. The paper aims to explain which properties of a desire make that desire strong, in the sense of ‘strength’ relevant to this deliberative question. Both motivational force and phenomenological intensity seem relevant to a desire’s strength; however, (...) accounting for the strength of a desire in these terms opens up significant indeterminacy about what we want. The paper argues that this indeterminacy is often resolved simply by posing the question ‘What do I want to do?’ to oneself: there is reason to believe that one’s answer will play a verdictive role, partially determining what the agent most wants. Self-reflective beliefs can play a self-fulfilling role, and surprisingly this seems to follow from basic platitudes about the belief-desire model. (shrink)

PISA claims that it can extend its reach from its current core subjects of Reading, Science, Maths and problem-solving. Yet given the requirement for high levels of reliability for PISA, especially in the light of its current high stakes character, proposed widening of its subject coverage cannot embrace some important aspects of the social and aesthetic world. Verdicts on the latter often have holistic features, and there are dangers that such verdicts involve attempts to compare what cannot be compared. Judgments (...) about the normative and the social often feature a legitimate lack of consistency. (shrink)

What do Elliot Eisner's discussions of objectivity mean for the strength of the link between consistency and truth in educational research? Following his lead, I pursue this question by comparing aspects of qualitative educational research with appraising the arts. I argue that some departures from the highest levels of consistency in assessing the arts are compatible with truth and objectivity, and that this is at least suggestive for how consistency in qualitative educational research should be viewed. In the final part (...) of the paper I look at some problems inherent in comparing the value of works of art, and consider whether similar issues arise when we attempt to grade different kinds of educational research. (shrink)

What do Elliot Eisner’s discussions of objectivity mean for the strength of the link between consistency and truth in educational research? Following his lead, I pursue this question by comparing aspects of qualitative educational research with appraising the arts. I argue that some departures from the highest levels of consistency in assessing the arts are compatible with truth and objectivity, and that this is at least suggestive for how consistency in qualitative educational research should be viewed. In the final part (...) of the paper I look at some problems inherent in comparing the value of works of art, and consider whether similar issues arise when we attempt to grade different kinds of educational research. (shrink)

It seems that epistemically rational agents should avoid incoherent combinations of beliefs and should respond correctly to their epistemic reasons. However, some situations seem to indicate that such requirements cannot be simultaneously satisfied. In such contexts, assuming that there is no unsolvable dilemma of epistemic rationality, either (i) it could be rational that one’s higher-order attitudes do not align with one’s first-order attitudes or (ii) requirements such as responding correctly to epistemic reasons that agents have are not genuine rationality requirements. (...) This result doesn’t square well with plausible theoretical assumptions concerning epistemic rationality. So, how do we solve this puzzle? In this paper, I will suggest that an agent can always reason from infallible higher-order reasons. This provides a partial solution to the above puzzle. (shrink)

Few would disagree that contemporary society is characterized by ‘pluralism’, but what this means is widely disputed. Among the many senses of pluralism current in contemporary political theory, ‘value pluralism’ is one of the most keenly contested. The classic account is found in Isaiah Berlin, who sees basic human values as irreducibly multiple, often conflicting, and sometimes incommensurable with one another.Berlin’s pluralist views are scattered throughout his work, but major statements include the Introduction and last section of ‘Two Concepts of (...) Liberty’ in Berlin (2002), Berlin (1990), and Berlin (2000). Other accounts of pluralism influenced by Berlin include Raz (1986); Hampshire (1989); Stocker (1990); Nussbaum (1992) chapter 2; Kekes (1993); Gray (1995a, b); Chang (1997); Crowder (2002, 2004); Galston (2002, 2005). In the Continental tradition the concept of value pluralism is often traced to Max Weber (1948). Berlin seems in general to have believed that the pluralist outl .. (shrink)

The prominent burden-sharing principles in the emerging literature of the political theory of climate change fail to sufficiently tackle the task they set out to solve. This paper sets out properties that an alternative principle should aim to meet. Based on these properties, it develops a consequentialist moral principle – the wastefulness principle. This principle holds that it is wrong to waste a shared, scarce resource. The paper argues that this principle can be used to solve the question of who (...) should bear the burdens of anthropogenic climate change in a more suitable way than existing principles. After developing the wastefulness principle, this paper discusses in a non-exhaustive manner how it can be employed in the real world, which challenges it might meet, and how additional principles might solve them. (shrink)

Hostages have become an important political and security issue in the context of conflicts in the Middle East and in Africa. The work of Marcel Mauss helps us to shed a new light on this phenomenon, which today is portrayed in negative terms as a major violation of fundamental universal rights such as the right to liberty. In The Gift, however, Mauss refers to the granting of hostages as “acts of generosity.” In line with Mauss’ approach, I consider hostageship as (...) a “total social phenomenon,” combining politics, law, and economics, in both domestic and global settings, which reveals structural political and social questions that need to be addressed. The article highlights the role that hostages fulfilled as “gifts” in premodern international relations when hostages were granted and not taken as they are today. I underline the role they notably performed as elements of proto-diplomacy. I show the reasons why the function of hostages has changed over time by underlining the importance of the later Middle A... (shrink)

This paper considers the accountability of professionals who are involved in situations of the failure of their organization to perform its expected role properly; the case of infant Caleb Ness, who died despite the surveillance of welfare agencies, is taken as an illustration. Following Bovens (?The Quest for Responsibility: Accountability and Citizenship in Complex Organisations?, Cambridge University Press, Cambridge, 1998), it is accepted that there is an irreducible element of individual personal responsibility when preventable organizational failures occur through professional incompetence (...) or corruption. The type of guidance available from specialized professional knowledge and from ethical codes is appraised. This is contrasted with various theoretical approaches to practical reasoning, which are offered as a more relevant perspective on professional misconduct. Practical reason necessarily addresses itself to a reality much more uncertain, fluid and contingent than envisaged by the standard conceptions of professional knowledge and ethics. Rather then being derived strictly from impersonal abstract rules and formal knowledge, practical reason in large part reflects the character and personality of its owner. It is argued that, since professional responsibility is always partly personal, professional misconduct can be understood as a failure of practical reason. (shrink)

This paper presents an argument against the widespread view that ‘hard choices’ are hard because of the incomparability of the alternatives. The argument has two parts. First, I argue that any plausible theory of practical reason must be ‘comparativist’ in form, that is, it must hold that a comparative relation between the alternatives with respect to what matters in the choice determines a justified choice in that situation. If comparativist views of practical reason are correct, however, the incomparabilist view of (...) hard choices should be rejected. Incomparabilism about hard choices leads us to an implausible error theory about the phenomenology of hard choices, threatens an unattractive view of human agency, and leaves us in perplexity about what we are doing when we choose in hard choices. The second part of the argument explores the main competitor to comparativist views of practical reason, noncomparativist view, according tow which a choice is justified so long as it is not worse than any of the alternatives. This view is often assumed by rational choice theorists but has its best philosophical defense in work by Joseph Raz. On Raz’s view, incomparabilism about hard choices avoids the problems faced if comparativism is correct, but it faces different difficulties. I argue that Raz’s noncomparativist view mistakenly assimilates practical reason to more restricted normative domains such as the law. (shrink)

This paper presents the contribution of the pragmatic sociology of critical capacities to the understanding of environmental conflicts. In the field of 'environmental valuation', nowadays colonised by economics, the approach of plural modes (or 'regimes') of engagement provides a sociological understanding of the unequal power of conflicting 'languages of valuation'. This frame entails a shift from 'values' to 'modes of valuation', and links modes of valuation to modes of practical engagement and coordination with the surrounding environment. Different social sources of (...) incommensurability are thus detected and reframed as critical tension within and among modes of human coordination with the environment. (shrink)

First published in 2009, the collection of essays edited by François Vatin is now republished in a new edition, with two additional contributions: a final chapter entitled “What measuring means: disputes on quantification and valuation in sociology,” in which Pauline Barraud de Lagerie, Alexandra Bidet, and Etienne Nouguez discuss the main contributions of the book to the international debate on valuation ; and a chapter by the late Alain Desrosières—to whom the new edition of the book is dedicated—in which the (...) author, a pioneer of the French sociology of quantification , draws on his own intellectual biography to show how the making of public statistics has changed in the last 50 years.The study is divided into four sections. The first one collects three essays on the “practical construction of norms” in such diverse fields as the production of pressure-cookers , phone communication , and healthcare . The seco .. (shrink)

Normative pluralism is the view that practical reason consists in an irreducible plurality of normative domains, that these domains sometimes issue conflicting recommendations and that, when this happens, there is never any one thing that one ought simpliciter to do. Here I argue against this view, noting that normative pluralism must be either unrestricted or restricted. Unrestricted pluralism maintains that all coherent standards are reason-generating normative domains, whereas restricted pluralism maintains that only some are. Unrestricted pluralism, depending on how it (...) is cashed out, is either nihilism about practical reason or else it is subjectivism. Neither view is consistent with normative pluralism; hence, pluralism must be restricted. Restricted pluralism, however, faces two problems. The first stems from the question: “Why is it that some standards are normative domains while others are not?” The question seems to demand an answer, but it is hard to give any answer without appealing to considerations that imply facts about what we ought simpliciter to do. Second, restricted pluralism has difficulty accounting for our intuitions about cases in which one option is optimal in all domains, but not better than each alternative in any one domain. The unique option that is optimal in every domain seems better than its competitors, though it isn’t better within any domain. This is different than the widely discussed argument from notable-nominal comparisons. So I conclude that we have good reason to reject restricted pluralism, the only form of normative pluralism really worthy of that name. (shrink)

We emerge from certain activities with an altered sense of self. Whether returning from a warzone or from an experience as common as caring for an aging parent, one might remark, “I’m not the same person I was.” I argue that such transformations are relevant to debates about what morality requires of us. To undergo an alteration in one’s self is to make a special kind of sacrifice, a sacrifice of self. Since projects can be more or less morally obligatory (...) to the extent that they require more or less sacrifice, we must incorporate these unique sacrifices into any accounting of the contours and limits of moral obligation. But sacrifices of self pose a special difficulty for any such accounting, precisely because of their transformative nature. Unlike most other sacrifices, they cannot be analyzed entirely in terms of wellbeing. Using real-world case studies and examples, I argue for the existence of two types of sacrifice of self, involving changes in identity and moral agency. I argue that sacrifices of self require particular attention because they may be extra difficult to compare with other costs and with moral gains. (shrink)

Ruth Chang has defended a concept of "parity", implying that two items may be evaluatively comparable even though neither item is better than or equally good as the other. This article takes no stand on whether there actually are cases of parity. Its aim is only to make the hitherto somewhat obscure notion of parity more precise, by defining it in terms of the standard value relations. Given certain plausible assumptions, the suggested definiens is shown to state a necessary and (...) sufficient condition for parity, as this relation is envisaged by Chang. (shrink)

Fifty years ago, Herbert Simon complained that the available models of rational choice were not feasible decision procedures for agents like us. These models involved variants on the theme of maximizing expected utility: the rational action for an agent is the one that is most likely to bring about outcomes that the agent prefers. Simon ’s complaints about these models included the now-familiar notions that human beings do not manage probabilities well, that we have at best radically incomplete utility functions, (...) and that we lack the cognitive resources to calculate the expected utilities of even a few alternatives. (shrink)

It is commonly recognized that not all actions are candidates for moral evaluation. For instance, morality is silent on the issue whether to tie one's right shoe before one's left shoe or the other way around. This shoe-tying action is not a candidate for moral appraisal. The matter is amoral, for neither alternative is morally required nor forbidden, and both are permissible. It is not commonly recognized that not all actions are candidates for prudential evaluation. I shall argue, however, that (...) there are cases of individual action over time, as well, that are aprudent in the sense that none of the alternatives under consideration are required or forbidden by prudence, but all of them are permissible. These are cases in which there is no fact of the matter as to what is the best choice for one. There are at least two such cases: first, cases in which the alternative courses of action open to one are incommensurable; and second, cases in which one's values are not yet determined and one is deciding what values to adopt, what sort of person to become, or what ideals to pursue. In these cases, prudence is silent on the question of what one ought to do. Indeed, I go on to argue prudence can even be silent on the question whether to act according to the values one currently holds or to pursue an entirely different course that will result in changes to one's values, which is the third case of aprudent choice. (shrink)

Sustainable development calls for choices among alternative policy options. It is a common view that such choices can be justified by appealing to an evaluative ranking of the options with respect to how their consequences affect a broad range of prudential and moral values. Three philosophically motivated proposals for analysing evaluative rankings are discussed: the measured merits model (e.g. Chang), the ordered values model (e.g. Griffin), and the permissible preference orderings model (Rabinowicz). The analysis focuses on the models’ potential for (...) making transparent how an evaluative ranking can contribute to a justified choice among options, particularly in situations that involve diverse values as typically found in debates on sustainable development. Such transparency plays a crucial role when policy rankings are going to be used as arguments in political decision processes. The measured merits model is found to have questionable consequences for the concept of sustainability, while the ordered values model calls for an axiological framework that cannot plausibly be spelled out for sustainability. The permissible preference orderings model is more promising. Its formal structure and its ability to deal with value-pluralism provide an interesting re-structuring of the problem of justifying choices in sustainability issues. (shrink)

ABSTRACT In a recent article, Samir Okasha presented an argument that suggests that there is no rational way to choose among scientific theories. This would seriously undermine the view that science is a rational enterprise. In this article, I show how a suitably nuanced view of what scientific rationality requires allows us to sidestep this argument. In doing so, I present a new argument in favour of voluntarism of the type favoured by van Fraassen. I then show how such a (...) view of scientific rationality gives a precise interpretation of what Thomas Kuhn thought. _1_ Introduction _2_ Okasha’s Argument _3_ Rationality Can Be Silent _4_ Arrow Undermined _5_ The Informational-Basis Escape _6_ Theory Choice at the Level of the Individual Scientist _7_ Kuhn Vindicated _8_ Trade-offs and Partial Commensurability _9_ Conclusion. (shrink)

David Benatar argues that creating someone always harms them. I argue that his master argument rests on a conceptual incoherence.

Amartya Sen argues that for the advancement of justice identification of ‘perfect’ justice is neither necessary nor sufficient. He replaces ‘perfect’ justice with comparative justice. Comparative justice limits itself to comparing social states with respect to degrees of justice. Sen’s central thesis is that identifying ‘perfect’ justice and comparing imperfect social states are ‘analytically disjoined’. This essay refutes Sen’s thesis by demonstrating that to be able to make adequate comparisons we need to identify and integrate criteria of comparison. This is (...) precisely the aim of a theory of justice (such as John Rawls’s theory): identifying, integrating and ordering relevant principles of justice. The same integrated criteria that determine ‘perfect’ justice are needed to be able to adequately compare imperfect social states. Sen’s alternative approach, which is based on social choice theory, is incapable of avoiding contrary, indeterminate or incoherent directives where plural principles of justice conflict. (shrink)

This essay discusses implications of incommensurability of values for justified decision-making, ethics and justice. Under particular conditions incommensurability of values causes what might be called ‘incomplete comparability’ of options. Some leading theorists interpret this in terms of ‘imprecise equality’ and ‘imprecise comparability.’ This interpretation is mistaken and conceals the implications of incommensurability for practical and ethical reasoning. The aim of this essay is to show that, in many cases, incommensurability prevents the assignment of determinate weights to competing values. This may (...) have problematic consequences for a complete and impartial justification of decisions concerning conflicting values to the extent that they depend on the need of weighing them. (shrink)

If conduct must be wrongful in order to be justifiably criminalised, how should its wrongfulness be established? I examine a conception of wrongfulness put forward by A. P. Simester, which makes wrongfulness turn on whether the reasons favouring the performance of an action are, all things considered, defeated by the reasons against its performance. I argue that such a view can only generate appropriate substantive constraints in the context of criminalisation if it can distinguish between the sorts of reasons that (...) a verdict of wrongfulness, as a concept distinct from stupidity or selfishness, should attend to, and the sorts of reasons it should leave out. Assuming that this conception of wrongfulness should operate as a constraint on criminalisation in a liberal-democratic state, the only reasons it should include are other-regarding reasons. What matters is whether the agent commits an other-regarding wrong. This conception of wrongfulness helps us further to resolve fundamental questions concerning mala prohibita and the legitimate reach of any duty to obey the law. (shrink)

In this paper, we explore an under-investigated question concerning the class of formal models that aim at providing normative guidance. We call such models normative models. In particular, we examine the question of how normative models can successfully exert normative guidance. First, we highlight the absence of a discussion of this question – which is surprising given the extensive debate about the success conditions of descriptive models – and motivate its importance. Second, we introduce and discuss two potential accounts of (...) the success conditions of normative models. Our tentative conclusion is that the second account is more promising. (shrink)

According to a widely held view, rationality demands that the preferences of a person be transitive. The transitivity assumption is an axiom in standard theories of rational choice. It is also prima facie very plausible. I argue here that transitivity is not a necessary condition of rationality; it is a constraint only in some cases. The argument presented here is based on the non-linearity of differential utility functions. This paper has four parts. First, I present an argument against the transitivity (...) assumption (I, II). Second, I discuss some objections; this will also bring out some features of the view defended here, like the essentially comparative nature of choice (III). Then, I discuss certain proposals that promise to avoid my conclusion (IV). Finally, I go into some implications concerning the nature of rational decision making (V). To accept some intransitivities as rational does not make our life easier; it can even lead to hard choices. However, it does not lead to skepticism about rational choice. (shrink)

Philip Kitcher recently argued for a reconstruction in philosophy. According to him, the contemporary mainstream of philosophy has deteriorated into something that is of relevance only to a few specialists who communicate with each other in a language nobody else understands. Kitcher proposes to reconstruct philosophy along two axes: a knowledge axis and a value axis. The present article discusses Kitcher's diagnosis as well as his proposal of a therapy. It argues that there are problems with both, and it ends (...) with an alternative view of what some core problems of the profession currently are. (shrink)

Under other circumstances, I would have written an academic paper rehearsing the arguments for and against legalization of physician-assisted suicide: autonomy and the avoidance of pain and suffering on the pro side, the wrongness of killing, the integrity of the medical profession, and the risk of abuse, the “slippery slope,” on the con side. I’ve always supported the pro side. What this paper is, however, is a highly personal account of the challenges to my thinking about right-to-die issues. In November (...) 2008, my husband suffered a C2/C3 spinal cord injury in a bicycle collision, leaving him ventilator-dependent, almost completely paralyzed, and in the hospital—but fully alert and profoundly self-reflective. What if he wanted to die? This paper draws from two multimedia presentations—file:///Users/margaretbattin/Documents/BROOKE’S%20ACCIDENT/The%20Salt%20Lake%20Tribune %20%7C%20Multimedia:%20Metamorphosis.webarchive and file:///Users/margaretbattin/Documents/BROOKE’S%20ACCIDENT/The%20Salt%20Lake%20Tribune%20%7C%20Multi media:%20Learning%20to%20live%20again.webarchive—and personal material concerning quality of life (he’d rank at the bottom on the SF-36 and similar scales) and concerning autonomy (his own accounts, verbatim). This is a detailed portrait of a man whose life involves extraordinary suffering but also luminous experience some of the time. It only makes the question harder: What if he wanted to die? (shrink)

Surprises are important in our everyday lives as well as in our scientific and philosophical theorizing—in psychology, information theory, cognitive-neuroscience, philosophy of science, and confirmation theory. Nevertheless, there is no satisfactory theory of what makes something surprising. It has long been acknowledged that not everything unexpected is surprising. The reader had no reason to expect that there will be exactly 190 words in this abstract and yet there is nothing surprising about this fact. We offer a novel theory that explains (...) when and why an unexpected fact is surprising. We distinguish between descriptive and normative notions of what is surprising; clarify the sense in which surprising facts are unexpected; and, finally, develop and defend the significance account of surprise, according to which a fact is surprising to an agent if and to the extent that it is both unexpected and significant to the agent. Since a surprising fact can be significant to an agent in various ways—personal, moral, epistemic, and aesthetic—surprise is not merely or primarily epistemic. Fitting surprise reflects more than a person’s view of what is; it reflects a person’s view of what is significant. (shrink)

Composed of scientific and technical experts and lay members, thousands of research ethics committees—Institutional Review Boards in the United States—must identify and assess the potential risks to human research subjects, and balance those risks against the potential benefits of the research. IRBs handle risk and its uncertainty by adopting a version of the precautionary principle. To assess scientific merit, IRBs use a tacit ``sanguinity principle,'' which treats uncertainty as inevitable, even desirable, in scientific progress. In balancing human subjects risks and (...) scientific benefits, IRBs use uncertainty as a boundary-ordering device that allows the mediation of the science and ethics aspects of their decisions. One effect is the entangling of methodological and ethical review. Some have suggested these should be more clearly separated, but decisions by research ethics committees depend in part on the negotiating space created by incommensurable approaches to uncertainty. (shrink)

This essay defends a three-dimensional response-model theory of recognition of persons, and discusses the related phenomenon of recognition of reasons, values and principles. The theory is three-dimensional in endorsing recognition of the equality of persons and two kinds of relevant differences: merits and special relationships. It defends a ‘response-model’ which holds that adequacy of recognition of persons is a matter of adequate responsiveness to situation-specific reasons and requirements. This three-dimen- sional response-model is compared to Peter Jones’s view, which draws the (...) distinction between status and merit recognition, and mediated and unmediated recognition. The essay discusses a number of questions related to how recognition of situation-specific reasons, and more general values and principles, is related to recognition of persons. The three- dimensional response-model of recognition of persons is in principle compatible with a constructivist view, which holds that the validity of values and principles is dependent on acknowledgement or endorsement. But even if one is a realist on that issue and thinks of validity as independent of acknowledgement, acknowledging relevant values, reasons and principles is a hugely important precondition of actual interpersonal recognition. The essay analyses these connections. (shrink)

According to Ruth Chang the three standard positive value relations: “better than”, “worse than” and “equally good” do not fully exhaust the conceptual space for positive value relations. According to her, there is room for a fourth positive value relation, which she calls “parity”. Her argument for parity comes in three parts. First, she argues that there are items that are not related by the standard three value relations. Second, that these items are not incomparable, and third, that the phenomena (...) she has focused on are not due to the vagueness of the comparative predicates. This paper focuses on the second part of the argument and an objection is presented. By assuming the Small Unidimensional Difference Principle, which is a key premise for the second part of the argument, Chang’s argument could be accused of begging the question. More so, by assuming this principle, the space for incomparability gets severely limited. If these worries are justified, then Chang’s argument for parity as a fourth form of comparability is unsuccessful. (shrink)

I consider the implications of incommensurability for the assumption, in rational choice theory, that a rational agent’s preferences are complete. I argue that, contrary to appearances, the completeness assumption and the existence of incommensurability are compatible. Indeed, reflection on incommensurability suggests that one’s preferences should be complete over even the incommensurable alternatives one faces.