This paper addresses the question of when and why duties are conditional on compliance on the part of others, by examining the role of reciprocity in Rawls's theory of justice. In particular, it argues that the idea of reciprocity and the relational nature of distributive justice can help explain three otherwise puzzling aspects of Rawls's view: (1) his claim that justice has to be "congruent" with the good; (2) his claim that the justification of a political conception of justice depends (...) on showing that an overlapping consensus of reasonable comprehenisve doctrines is possible, even after the freestanding argument for the political conception has been successfully completed; (3) his claim that there are no global duties of distributive justice, beyond the non-comparative duties of aid and reparation. Each of these arguments has been the subject of controversy partly because of a lack of attention to reciprocity, the paper argues, and the relational nature of Rawls's non-luck-egalitarian position. (shrink)

Public reason in practice and theory -- False starts: unsuccessful justifications of public reason -- Respect for persons as a constraint on coercion -- Higher-order unanimity escape clause -- Civic friendship as a constraint on reasons for decision -- Public reason and (same-sex) marriage.

One objection to the principle of public reason is that since there is room for reasonable disagreement about distributive justice as well as about human flourishing, the requirement of reasonable acceptability rules out redistribution as well as perfectionism. In response, some justificatory liberals have invoked the argument from higher-order unanimity, or nested inclusiveness. If it is not reasonable to reject having some system of property rights, and if redistribution is just the enforcement of a different set of property rights, redistribution (...) is legitimate if chosen democratically. This article explores two problems with this response. First, there are different ways to describe the set of possible policies, and so different ways to specify the noncoercive default that obtains in the absence of conclusive justification. Second, if the coercive exercise of political power must be conclusively justified, policies that are more coercive ought to require conclusive justification as against policies that are less coercive. These problems about the baseline with respect to which we require public justification raise the question of how we measure coercion, and whether or in what sense there is a presumption against coercion. The article distinguishes and argues against three such presumptions. (shrink)

Aristotle is essentially human; that is, for all possible worlds metaphysically consistent with our own, if Aristotle exists, then he is human. This is a claim about the essential property of an object. The claim that objects have essential properties has been hotly disputed, but for present purposes, we can bracket that issue. In this essay, we are interested, rather, in the question of whether properties themselves have essential properties (or features) for their existence. We call those who suppose they (...) do “property essentialists”; those who do not, “property anti-essentialists,” or “quidditists.” We offer two complementary arguments. Our total argument is under-girded by two assumptions: transworld identity theory and “received view” counterfactual semantics, a la David Lewis. We then argue that, if one presumes that these are true, then one risks running headlong into paradox if one also accepts property anti-essentialism. That's the first argument. By contrast, if one accepts these same assumptions in conjunction with property essentialism, then the paradox is avoided. This is the second argument. We take it that our arguments work to show that, between property essentialism and quidditism, the property essentialist is on better footing. Plausibly, properties themselves do have essential properties for their existence. (shrink)

The notion of function is indispensable to our understanding of distinctions such as that between being broken and being in working order (for artifacts) and between being diseased and being healthy (for organisms). A clear account of the ontology of functions and functioning is thus an important desideratum for any top-level ontology intended for application to domains such as engineering or medicine. The benefit of using top-level ontologies in applied ontology can only be realized when each of the categories identified (...) and defined by a top-level ontology is integrated with the others in a coherent fashion. Basic Formal Ontology (BFO) has from the beginning included function as one of its categories, exploiting a version of the etiological account of function that is framed at a level of generality sufficient to accommodate both biological and artifactual functions. This account has been subjected to a series of criticisms and refinements. We here articulate BFO’s account of function, provide some reasons for favoring it over competing views, and defend it against objections. (shrink)

This article traces John Rawls’s debt to Frank Knight’s critique of the ‘just deserts’ rationale for laissez-faire in order to defend justice as fairness against some prominent contemporary criticisms, but also to argue that desert can find a place within a Rawlsian theory of justice when desert is grounded in reciprocity. The first lesson Rawls took from Knight was that inheritance of talent and wealth are on a moral par. Knight highlighted the inconsistency of objecting to the inheritance of wealth (...) while taking for granted the legitimacy of unequal reward based on differential productive capacity. Rawls agreed that there was an inconsistency, but claimed that it should be resolved by rejecting both kinds of inequality, except to the extent they benefitted the worst off. The second lesson Rawls learned from Knight was that the size of one’s marginal product depends on supply and demand, which depend on institutional decisions that cannot themselves be made on the basis of the principle of rewarding marginal productivity. The article claims that this argument about background justice overstates its conclusion, because the dependence of contribution on institutional setup is not total. Proposals for an unconditional basic income may therefore have a strike against them, as far as a reciprocity-based conception of desert is concerned. If we follow Knight’s analysis of the competitive system, however, so too does the alternative of leaving determination of income up to the market. (shrink)

This paper addresses the question of whether the duties associated with public reason are conditional on reciprocity. Public reason is not a norm intended to stabilize commitment to justice, but a moral principle, albeit one that is conditional on reciprocity because grounded in the idea of mutual respect despite ongoing moral disagreement. We can build reciprocity into the principle by stipulating that unanimous acceptability is required only with respect to points of view accepting the principle. If compliance with law is (...) assured, then the duties of public reason associated with authorship of law should be considered conditional on reciprocity only in this ‘internal’ sense, which is not proportional but bi-lateral. (shrink)

ABSTRACTMiranda Fricker has characterized epistemic injustice as “a kind of injustice in which someone is wronged specifically in her capacity as a knower” (2007, Epistemic injustice: Power & the e...

This article reconsiders the reciprocity objection to unconditional basic income based on the idea that reciprocity is not only a duty but a limiting condition on other duties. If the objection wer...

Recent literature on epistemic innocence develops the idea that a defective cognitive process may nevertheless merit special consideration insofar as it confers an epistemic benefit that would not otherwise be available. For example, confabulation may be epistemically innocent when it makes a subject more likely to form future true beliefs or helps her maintain a coherent self-concept. I consider the role of confabulation in typical cases of interpersonal gaslighting, and argue that confabulation will not be epistemically innocent in such cases (...) even if it does preserve a coherent self-concept or belief-set for the subject. Analyzing the role of confabulation in gaslighting illustrates its role in on-going interpersonal relationships, and augments already growing evidence that confabulation may be quite widespread. The role of confabulation in gaslighting shows that whether confabulation confers epistemic benefits will depend greatly on the interpersonal context in which it is deployed, while whether a coherent self-concept is epistemically beneficial will depend to a great extent on the content of that self-concept. This shows that the notion of an epistemically harmful or beneficial feature of a cognitive process can and should be further clarified, and that doing so has both theoretical and practical advantages in understanding epistemic innocence itself. (shrink)

There is an odd proximity between Hayek, hero of the libertarian right, and Rawls, theorist of social justice, because, at the level of principle, Hayek was in some important respects a Rawlsian. Although Hayek said that the idea of social justice was nonsense, he argued against only a particular principle of social justice, one that Rawls too rejected, namely distribution according to individual merit. Any attempt to make reward and merit coincide, Hayek argued, would undermine the market's price system, leaving (...) us all poorer and less free. Like Rawls, Hayek held that we should assess social institutions from behind a veil of ignorance, and he thought that doing so pushed us toward egalitarianism. Most of the distance between Hayek and Rawls at the level of policy stems from Hayek's optimism about the operation of markets, his equivocation about the meaning of central concepts, and his appeal to under-argued slippery slopes. Hayek wavered, however, between claiming that private property and markets benefit everyone, compared to the feasible alternatives, and the principle that they maximize the opportunities of a randomly selected member of society, i.e., aggregate opportunity. Contemporary Hayekians claim that capitalism raises the position of the worst off in the long run, in future generations, whereas Rawlsians insist that inequalities between social positions should benefit the worst off now. (shrink)

One source of controversy surrounding John Rawls's later work — a source of both criticism and praise — has been the impression that he abandoned the philosophical project of figuring out what is truly just, in favour of the political project of working out a feasible consensus for people from a particular political tradition. One aspect of this controversy is the question of whether Rawls could advance his theory as being worthy of endorsement on the basis of good reasons without (...) also claiming it to be true. In preferring to claim reasonableness rather than truth, Rawls's main concern seems to have been to distinguish the ‘whole truth’ as represented by a particular comprehensive religious or philosophical doctrine, from the truth about politics given that reasonable people will inevitably disagree about the whole truth. (shrink)

This paper tries to reconcile reciprocity with a fundamentally 'subject-centred' ethic by interpreting the reciprocity condition as a consequence of the fact that justice is in part a relational value. Duties of egalitarian distributive justice are not grounded on the duty to reciprocate benefits already received, but limited by a reasonable assurance of compliance on the part of those able to reciprocate, because their point is to constitute a valuable relationship, one of mutual recognition as equals. We have unconditional duty (...) to help establish just global institutions, institutions which would allow us to share fairly in the burdens and benefits of global economic cooperation, but no unilateral duty to share fairly, where such institutions are not in place. Since non-contribution on the part of those unable to contribute involves no failure of recognition, the disabled do not fall outside the scope of distributive justice. (shrink)

Public reasoning is widely thought to be essential to democracy, but there is much disagreement about whether such deliberation should be constrained by a principle of public reason, which may seem to conflict with important democratic values. This paper denies that there is such a conflict, and argues that the distinctive contribution of public reason is to constitute a relationship of civic friendship in a diverse society. Acceptance of public reason would not work against mutual understanding, learning, or compromise, nor (...) does the principle involve any violation of political equality. The real threat to democracy is not public reason, but the framing of public reason by a presumption against state action. (shrink)

This paper argues that the concern for distributive justice might be universal rather than contingent on a morally optional relationship, but limited in the demands it places upon us where a reasonable assurance of reciprocity is lacking. Principles of distributive justice apply wherever people are interacting, even if they have no choice but to interact, but are grounded in the goal of constituting relationships of mutual recognition as equals, and so partly conditional on compliance by others. On this view, there (...) is no unilateral duty to share the benefits of cooperation fairly, only a unilateral duty to help establish institutions that will permit fair sharing with a reasonable assurance of reciprocity. (shrink)

This paper mounts a partial defense of the basic structure objection to the egalitarian criticism of productive incentives. The defense is based on the claim that some duties of justice are subject to a reciprocity condition. The paper develops this position via an examination of the debate between Andrew Williams and G. A. Cohen on publicity and incentives. Reciprocity is an intrinsic feature of a relational conception of social justice, not simply a requirement of stability. Not all duties are (...) conditional on reciprocity because some duties are owed to third parties, as well as to their primary targets. Some forms of exploitation may be unconditionally wrong, but not the specific kind of exploitation at stake when talented individuals accept market wages. (shrink)

This paper is a review of Gerald Gaus's The Order of Public Reason. Its initial purpose is to explain how the overall argument of the book is meant to hang together. It also identifies four points at which the argument might be challenged, particularly as it relates to justificatory liberalism’s ‘classical tilt’.

Andrew Lister | : This comment examines the idea of ‘neutrality of treatment’ that is at the heart of Alan Patten’s defense of minority cultural rights in Equal Recognition. The main issue I raise is whether neutrality of treatment can do without an ‘upstream’ or foundational commitment to neutrality of justification. | : Ce commentaire se penche sur le concept de « neutralité de traitement » au coeur de la défense des droits des minorités culturelles qu’offre Alan Patten (...) dans son livre Equal Recognition. La principale question que je pose est celle de savoir ce que peut la neutralité de traitement si elle ne repose pas sur un engagement fondamental, en amont, quant à la neutralité de justification. (shrink)

The best extant statement of the epistemic regress problem makes assumptions that are too strong. An improved version assumes only that that reasons require support, that no proposition is supported only by endless regresses of reasons, and that some proposition is supported. These assumptions are individually plausible but jointly inconsistent. Attempts to explain support by means of unconceptualized sensations, contextually immunized propositions, endless regresses, and holistic coherence all require either additional reasons or an external condition on support that is arbitrary (...) from the believer's own point of view. (shrink)

One way to solve the epistemic regress problem would be to show that we can acquire justification by means of an infinite regress. This is infinitism. This view has not been popular, but Peter Klein has developed a sophisticated version of infinitism according to which all justified beliefs depend upon an infinite regress of reasons. Klein's argument for infinitism is unpersuasive, but he successfully responds to the most compelling extant objections to the view. A key component of his position is (...) his claim that an infinite regress is necessary, but not sufficient, for justified belief. This enables infinitism to avoid a number of otherwise compelling objections. However, it commits infinitism to the existence of an additional feature of reasons that is necessary and, together with the regress condition, sufficient for justified belief. The trouble with infinitism is that any such condition could account for the connection between justification and truth only by undermining the rationale for the regress condition itself. (shrink)

Kriegel described the problem of intentional inexistence as one of the ‘perennial problems of philosophy’, 307–340, 2007: 307). In the same paper, Kriegel alluded to a modal realist solution to the problem of intentional inexistence. However, Kriegel does not state by name who defends the kind of modal realist solution he has in mind. Kriegel also points out that even what he believes to be the strongest version of modal realism does not pass the ‘principle of representation’ and thus modal (...) realism is not an adequate solution to the problem of intentional inexistence. In this paper, I respond to Kriegel by defending a modal realist solution that he did not consider in 2007, called ‘extended modal realism’. EMR is a version of modal realism where possible worlds are not completely isolated as they are under the Lewisian model. Rather, under EMR worlds are, in a way, spatiotemporally related. The fact EMR worlds are related allows EMR to sufficiently pass the principle of representation and thus can be deemed a legitimate solution to the problem of intentional inexistence. I conclude that either EMR can pass the principle of representation in some cases or, and I think the more sensible option, we give up on the principle of representation altogether. (shrink)

There are important similarities between the epistemic regress problem and the problem of the criterion. Each turns on plausible principles stating that epistemic reasons must be supported by epistemic reasons but that having reasons is impossible if that requires having endless regresses of reasons. These principles are incompatible with the possibility of reasons, so each problem is a paradox. Whether there can be an antiskeptical solution to these paradoxes depends upon the kinds of reasons that we need in order to (...) attain our epistemic goals. This article explains the problems and considers the ways in which two different conceptions of human flourishing support the value of different kinds of reasons. One conception requires reasons that allow an easy solution to these paradoxes. The other—rational autonomy—requires reasons that depend upon endless regresses. So we cannot have the kinds of fully transparent reasons required for rational autonomy. (shrink)

Broadly speaking, the principle of public justifiability requires that the exercise of political power be justifiable to each and every person over whom that power is exercised. The idea of being justifiable to every person means being acceptable to any reasonable or otherwise qualified person , without such persons having to give up the comprehensive religious or philosophical doctrine they reasonably espouse. Public justifiability thus involves a partly idealized unanimity requirement, or as I will say, a criterion of multi-perspectival acceptability. (...) The demand for public justifiability can be specified in different ways, depending on what exactly has to be publicly justifiable, who is supposed to apply the principle, who counts as reasonable or otherwise qualified, and so on. One of these dimensions concerns the notion of acceptability. Should we care about acceptability to each reasonable perspective, based on all of the reasons that perspective accepts, or should we care about acceptability to all, based on only those reasons that all reasonable perspectives accept? This choice has been referred to by the distinction between "consensus" and "convergence." Sometimes people agree about practical conclusions but for different reasons, in which case their reasoning can be said to converge from different moral or philosophical starting points. Other times, people agree about their moral or philosophical starting points, but reach different practical conclusions, based on different beliefs about the factual context, different rankings of shared concerns, or different judgments about how to apply these concerns to specific situations. (shrink)

An argument whose conclusion C is essential evidence for one of its premises can provide its target audience with justification for believing C. This is possible because we can enhance our justification for believing a proposition C by integrating it into an explanatory network of beliefs for which C itself provides essential evidence. I argue for this in light of relevant features of doxastic circularity, epistemic circularity, and explanatory inferences. Finally, I confirm my argument with an example and respond to (...) objections. (shrink)

As a result of increased interest in global health, more and more medical students and trainees from the.

Although it has been largely neglected in contemporary philosophy , the problem of the criterion raises questions which must be addressed by any complete account of knowledge . But the problem of the criterion suffers not onl.

Recent scholarship in technology and society studies has given attention to the notion of technological citizenship. This article seeks to further integrate perspectives on this topic with theoretical contributions about the development of moral autonomy. The author challenges the presumption that the strategy of expanding opportunities for participation in technological decision making will in itself develop people's autonomy and citizenship. He argues that concurrent efforts must be made to democratize the political-economic structures of key technologies and to help people prepare (...) morally for citizenship roles in governing these technologies. On this basis, a series of initiatives are suggested. (shrink)

Liberalism Without Perfection elaborates a generally Rawlsian conception of public justification in order to defend antiperfectionist liberalism. This critical response raises questions about the link between the two parts of the project. On the hand, it is possible to reject that demand that reasons for political decisions pass a qualified acceptability requirement even if one is strictly opposed to paternalism. On the other hand, the commitment to public justifiability does not rule out all perfectionism, if there are some claims about (...) the good that are not reasonably rejectable. (shrink)

John Rawls's famous difference principle is capable of at least four distinct statements, each of which occurs in A Theory of Justice. According to what I shall term the Crude Principle it is a necessary and sufficient condition for the justice of an institutional scheme which expands social and economic inequality that, subject to the satisfaction of more weighty principles, it increases the level of advantage of the least advantaged. Expressing this principle Rawls writes that,Assuming the framework of institutions required (...) by equal liberty and fair equality of opportunity, the higher expectations of those better situated are just if and only if they work as part of a scheme which improves the expectations of the least advantaged members of society. The intuitive idea is that the social order is not to establish and secure the more attractive prospects of those better off unless doing so is to the advantage of those less fortunate. (shrink)

Volume 24, Issue 10, October 2024, Page 113-114.

Jason Brennan and John Tomasi have argued that if we focus on income alone, the Difference Principle supports welfare-state capitalism over property-owning democracy, because capitalism maximizes long run income growth for the worst off. If so, the defense of property-owning democracy rests on the priority of equal opportunity for political influence and social advancement over raising the income of the worst off, or on integrating workplace control into the Difference Principle’s index of advantage. The thesis of this paper is that (...) even based on income alone, the Difference Principle is not as hostile to property-owning democracy as it may seem, because the Difference Principle should not be interpreted to require maximizing long run income growth. The main idea is that it is unfair to make the present worst off accept inequality that doesn’t benefit them, for the sake of benefitting the future worst off, if the future worst off will be better off than they are anyway. (shrink)

This paper compares Joseph Heath’s critique of the just deserts rationale for markets with an earlier critique due to Frank Knight, Milton Friedman, and Friedrich Hayek. Heath shares their emphasis upon the role of luck in prices based on supply and demand. Yet he avoids their claim that the inheritance of human capital is on a moral par with the inheritance of ordinary capital, as a basis for unequal shares of the social product. Heath prefers to argue that markets do (...) not tend to reward talent as such. The paper raises some doubts about this factual claim, and argues that sweeping the issue of talent under the rug threatens to make our theory of justice less egalitarian than it would otherwise be. The paper also addresses the objection that claims of unfairness based on the arbitrariness of the distribution of innate abilities will undermine self-respect. (shrink)

In Democratic Authority, David Estlund argues that decision-procedures are to be judged solely by their tendency to generate morally superior decisions, but that because any relationship of authority must be acceptable to all qualified moral points of view, the epistemic benefits of less equal procedures must be evident beyond qualified objection. If all doctrines involved in political justification must be qualifiedly acceptable, however, the qualified acceptability requirement must itself be acceptable to qualified points of view. This article provides reasons for (...) doubting that this ‘insularity’ can be achieved, and explores ways of reformulating the principle so that it does not exclude itself. (shrink)

In the Grundlagen , Frege offers eight main arguments, together with a series of more minor supporting arguments, against Mill’s view that numbers are “properties of external things”. This paper reviews all eight of these arguments, arguing that none are conclusive.

This paper aims to clarify what it means for a normative theory to be fact-sensitive, and what might be wrong with such sensitivity, by examining the ways in which ‘justice as fairness’ depends upon facts. While much of the fact-sensitivity of Rawls’s principles consists of innocent limitations of generality, Rawls’s appeal to stability raises a legitimate worry about defining justice down in order to make ‘justice’ stable. If it should turn out that the correct principles of justice are inconsistent with (...) human nature, it might be important for us to recognize that as a feature of human psychology we regret, rather than revising our principles for the sake of stability in a way that obscures the fact that there is anything to regret. Whether or not Rawlsian principles are in fact watered down depends on how one interprets the role of reciprocity in the theory. Reciprocity can be seen as a fact about human psychology that limits the extent to which justice can be realized where assurance of compliance on the part of others is lacking. Or it can be seen as a fact about justice, to wit, that its point is to create a relationship of mutual recognition and respect, making strictly unilateral compliance pointless. (shrink)

The problem of the criterion says that we can know a proposition only if we first know a criterion of truth and vice versa, hence, we cannot know any proposition or any criterion of truth. The epistemic levels response says that since knowledge does not require knowledge about knowledge, we can know a proposition without knowing a criterion of truth. This response (advocated by Chisholm and Van Cleve) presupposes that criteria of truth are epistemic principles. In general, however, criteria of (...) truth are not epistemic principles, so the epistemic levels response to the problem of the criterion fails. (shrink)

Journal of Political Philosophy, EarlyView.

Deductive and inductive logic confront this skeptical challenge: we can justify any logical principle only by means of an argument but we can acquire justification by means of an argument only if we are already justified in believing some logical principle. We could solve this problem if probative arguments do not require justified belief in their corresponding conditionals. For if not, then inferential justification would not require justified belief in any logical principle. So even arguments whose corresponding conditionals are epistemically (...) dependent upon their conclusions--epistemically self-supporting arguments--need not be viciously circular. R. B. Braithwaite and James Van Cleve use internalist and externalist versions of this strategy in their proposed solutions to the problem of induction. Unfortunately, their arguments for self-support are unsound and any theory of inferential justification that does not require justified belief in the corresponding conditionals of justification-affording arguments is unacceptably arbitrary. So self-supporting arguments cannot be justification-creating. (shrink)

Interface theory is the hypothesis that inferential, representational theories of perception entail that fitness, not truth, dictates the evolution of perceptual systems. They show, with simulations, that “veridical” perceptual mappings (ones that preserve at least some of the structure of the world) are routinely out-competed by “non-veridical” interfaces (ones that make no attempt to preserve that structure). They therefore take particular aim at the direct perception, ecological approach to perception and work to show that such a system, even if technically (...) an option, would never be selected for by evolution. This paper defends the ecological approach from this novel, existential attack by showing that the ecological hypothesis is so different in kind to the inferential, representational view of perception that it simply falls outside the scope of interface theory’s critiques; ecological psychology remains a viable scientific endeavor. This analysis will show that, far from being a radical new approach to perception, interface theory is simply a clear and elegant formalization of mainstream representational psychology, and any implications interface theory may have belong solely to that branch of science. (shrink)

In this paper, I argue that David Lewis’s possible world semantics for counterfactual discourse and for fictional discourse are apparently inconsistent and in need of revision. The problem emerges for Lewis’s account once one considers how to evaluate ambifictional counterfactuals. Since this is likely not a concept familiar to most, and since it does not appear that the problem has been previously recognized in the critical literature, I will begin by rehearsing Lewis’s possible worlds semantics for counterfactuals and fiction. Then (...) I will explicate the distinction between intrafictional, extrafictional, interfictional, and ambifictional propositions. Next, I will state what an ambifictional counterfactual proposition is, and explain why this kind of discourse confounds Lewis’s system. I will conclude, finally, with a brief discussion of how the Lewisian would be best advised to resolve the paradox. (shrink)

Progress in emergency and critical care requires that clinical research be performed on patients who are incapable of granting consent for research participation. Analyses of the ethics of such research have left some questions incompletely answered. Why should we be permitted to expose vulnerable patients to research risks without their consent? In particular, how do we justify research interventions that have no potential benefit for participants (nontherapeutic interventions)? This article presents a moral justification for nontherapeutic interventions in emergency research. By (...) relying on a framework for assessing research risks, and by drawing on the example of pediatric research, this justification is founded in how institutional review boards, and society in general, analyze risk. Our justification for emergency research also suggests additional protections for emergency research participants, including a stringent threshold for research risk, that still permit important research to proceed. (shrink)