In this volume Samuel Parkison explores the significance of the doctrine of the beatific vision for the life of the church. Engaging in close readings of biblical texts and ancient, medieval, early modern, and modern theologians, Parkison shows that the beatific vision - that ultimate hope of seeing and being in the presence of God - is a central Christian conviction shared across the history of the church. Parkison not only invites readers into the wide-ranging developments (...) of the doctrine, but shows us the implications of the Beatific Vision for how the church envisions itself today. (shrink)

Each volume of this series of companions to major philosophers contains specially commissioned essays by an international team of scholars and will serve as a reference work for students and nonspecialists. John Rawls is the most significant and influential philosopher and moral philosopher of the twentieth century. His work has profoundly shaped contemporary discussions of social, political and economic justice in philosophy, law, political science, economics and other social disciplines. In this exciting collection of new essays, many of the world's (...) leading political and moral theorists discuss the full range of Rawls's contribution to the concepts of political and economic justice, democracy, liberalism, constitutionalism, and international justice. There are also assessments of Rawls's controversial relationships with feminism, utilitarianism and communitarianism. New readers will find this the most accessible guide to Rawls currently available. Advanced students and specialists will find a conspectus of recent developments in the interpretation of Rawls. (shrink)

Some people believe that the demands of morality coincide with the requirements of an enlightened self-interest. Others believe that morality is diametrically opposed to considerations of self-interest. This book argues that there is another position, intermediate between these extremes, which makes better sense of the totality of our moral thought and practice. Scheffler elaborates this position via an examination of morality's content, scope, authority, and deliberative role. Although conflicts between morality and self-interest do arise, according to this position, nevertheless morality (...) is fundamentally a reasonable and humane phenomenon. Moreover, the psychological bases of effective moral motivation have sources deep within the self, and morally motivated individuals try to shape their own interests so as to avoid conflict with morality. Since human practices and institutions help to determine the prevalence of these motives, and since in this and other ways they influence the degree to which conflicts between morality and self-interest actually occur, the extent of such conflict is not fixed or immutable, and is in part a social and political issue. (shrink)

The philosophy of mind is one of the fastest-growing areas in philosophy, not least because of its connections with related areas of psychology, linguistics and computation. This _Companion_ is an alphabetically arranged reference guide to the subject, firmly rooted in the philosophy of mind, but with a number of entries that survey adjacent fields of interest. The book is introduced by the editor's substantial _Essay on the Philosophy of Mind_ which serves as an overview of the subject, and is closely (...) referenced to the entries in the Companion. Among the entries themselves are several "self-profiles" by leading philosophers in the field, including Chomsky, Davidson, Dennett, Dretske, Fodor, Lewis, Searle and Stalnaker, in which their own positions within the subject are articulated. In some more complex areas, more than one author has been invited to write on the same topic, giving a polarity of viewpoints within the book's overall coverage. All main entries have a full bibliography, and the book is indexed to the high standards set by other volumes in the Blackwell Companions to Philosophy series. (shrink)

Judgments of blame for others are typically sensitive to what an agent knows and desires. However, when people act negligently, they do not know what they are doing and do not desire the outcomes of their negligence. How, then, do people attribute blame for negligent wrongdoing? We propose that people attribute blame for negligent wrongdoing based on perceived mental control, or the degree to which an agent guides their thoughts and attention over time. To acquire information about others’ mental control, (...) people self-project their own perceived mental control to anchor third-personal judgments about mental control and concomitant responsibility for negligent wrongdoing. In four experiments (N = 841), we tested whether perceptions of mental control drive third-personal judgments of blame for negligent wrongdoing. Study 1 showed that the ease with which people can counterfactually imagine an individual being non-negligent mediated the relationship between judgments of control and blame. Studies 2a and 2b indicated that perceived mental control has a strong effect on judgments of blame for negligent wrongdoing and that first-personal judgments of mental control are moderately correlated with third-personal judgments of blame for negligent wrongdoing. Finally, we used an autobiographical memory manipulation in Study 3 to make personal episodes of forgetfulness salient. Participants for whom past personal episodes of forgetfulness were made salient judged negligent wrongdoers less harshly compared to a control group for whom past episodes of negligence were not salient. Collectively, these findings suggest that first-personal judgments of mental control drive third-personal judgments of blame for negligent wrongdoing and indicate a novel role for counterfactual thinking in the attribution of responsibility. (shrink)

I provide an analysis of sentences of the form ‘To beFis to beG’ in terms of exact truth-maker semantics—an approach that identifies the meanings of sentences with the states of the world directly responsible for their truth-values. Roughly, I argue that these sentences hold just in case that which makes somethingFalso makes itG. This approach is hyperintensional and possesses desirable logical and modal features. In particular, these sentences are reflexive, transitive, and symmetric, and if they are true, then they are (...) necessarily true, and it is necessary that all and onlyFs areGs. I motivate my account over Correia and Skiles’ [11] prominent alternative and close by defining an irreflexive and asymmetric notion of analysis in terms of the symmetric and reflexive notion. (shrink)

Recent work on the hole argument in general relativity by Weatherall has drawn attention to the neglected concept of models’ representational capacities. I argue for several theses about the structure of these capacities, including that they should be understood not as many-to-one relations from models to the world, but in general as many-to-many relations constrained by the models’ isomorphisms. I then compare these ideas with a recent argument by Belot for the claim that some isometries “generate new possibilities” in general (...) relativity. Philosophical orthodoxy, by contrast, denies this. Properly understanding the role of representational capacities, I argue, reveals how Belot’s rejection of orthodoxy does not go far enough, and makes better sense of our practices in theorizing about spacetime. (shrink)

Theoretical virtues play an important role in the acceptance and belief of theories in science and philosophy. Philosophers have well-developed views on which virtues ought and ought not to influence one’s acceptance and belief. But what do scientists think? This paper presents the results of a quantitative study with scientists from the natural and social sciences and compares their views to those held by philosophers. Some of the more surprising results are: all three groups have a preference order regarding theoretical (...) virtues, making theory choice a much more determinate matter than what has sometimes been suggested; the preference orders are very similar for the three groups; simplicity is viewed as an epistemic virtue particularly by social scientists ; and syntactic parsimony is preferred to ontological parsimony by all three groups. (shrink)

Monism is the claim that only one object exists. While few contemporary philosophers endorse monism, it has an illustrious history – stretching back to Bradley, Spinoza and Parmenides. In this paper, I show that plausible assumptions about the higher-order logic of property identity entail that monism is true. Given the higher-order framework I operate in, this argument generalizes: it is also possible to establish that there is a single property, proposition, relation, etc. I then show why this form of monism (...) is inconsistent; because all propositions are identical, p is identical to ~p – and so they have the same truth-value. At least one of the assumptions that generate higher-order monism must be rejected. (shrink)

Suppose that a patient is receiving treatment options from her doctor. In one case, the doctor says, “the surgery has a 90% survival rate.” Now, suppose the doctor instead said, “the procedure has a 10% mortality rate.” Predictably, the patient is more likely to consent on the first description and more likely to dissent on the second. This is an example of a framing effect. A framing effect occurs when “the description of [logically-equivalent] options in terms of gains (positive frame) (...) rather than losses (negative frame) elicits systematically different choices.” Framing effects are ubiquitous, but they are particularly troublesome in medicine. Many worry that there is tension between valuing informed consent and using framing effects in clinical settings. In this paper, I answer this question: if an individual is subject to a framing effect when she gives her consent, does this undermine the validity of her consent? I argue that framing effects do not undermine consent in general. (shrink)

In this paper, I confront Parfit’s Mixed Maxims Objection. I argue that recent attempts to respond to this objection fail, and I argue that their failure is compounded by the failure of recent attempts to show how the Formula of Universal Law can be used to demarcate the category of obligatory maxims. I then set out my own response to the objection, drawing on remarks from Kant’s Metaphysics of Morals for inspiration and developing a novel account of how the Formula (...) of Universal Law can be employed to determine the deontic status of action tokens, action types, and maxims. (shrink)

Mind wandering is a pervasive feature of subjective experience. But why does the mind tend to wriggle about rather than always staying focused? To answer this question, this paper defends the claim that mind wandering consists in task-unrelated thought. Despite being the standard view of mind wandering in cognitive psychology, there has been no systematic elaboration or defense of the task-unrelated thought view of mind wandering. Here, I argue for the task-unrelated thought view by showing how mind wandering reflects a (...) distinctive form of non-vigilant thinking. When the relationship between mind wandering and vigilance is clarified, several objections to the task-unrelated thought view can be defused. Not only does this provide a novel defense of the task-unrelated thought view of mind wandering, but it also presents an account of mind wandering that is compatible with a naturalistic account of subjectivity. (shrink)

Stephen Hawking, among others, has proposed that the topological stability of a property of space-time is a necessary condition for it to be physically significant. What counts as stable, however, depends crucially on the choice of topology. Some physicists have thus suggested that one should find a canonical topology, a single ‘right’ topology for every inquiry. While certain such choices might be initially motivated, some little-discussed examples of Robert Geroch and some propositions of my own show that the main candidates—and (...) each possible choice, to some extent—faces the horns of a no-go result. I suggest that instead of trying to decide what the ‘right’ topology is for all problems, one should let the details of particular types of problems guide the choice of an appropriate topology. (shrink)

Liberalism and Distributive Justice discusses liberalism, capitalism, distributive justice, and John Rawls's difference principle. Chapters are organized in a narrative arc: from liberalism as the dominant political and economic system, to the laws governing interpersonal transactions in liberal society, to basic economic and political institutions that determine distributive justice.

Can quantum theory provide examples of metaphysical indeterminacy, indeterminacy that obtains in the world itself, independently of how one represents the world in language or thought? We provide a positive answer assuming just one constraint of orthodox quantum theory: the eigenstate-eigenvalue link. Our account adds a modal condition to preclude spurious indeterminacy in the presence of superselection sectors. No other extant account of metaphysical indeterminacy in quantum theory meets these demands.

Book synopsis: The philosophy of mind is one of the fastest-growing areas in philosophy, not least because of its connections with related areas of psychology, linguistics and computation. This Companion is an alphabetically arranged reference guide to the subject, firmly rooted in the philosophy of mind, but with a number of entries that survey adjacent fields of interest. The book is introduced by the editor's substantial Essay on the Philosophy of Mind which serves as an overview of the subject, and (...) is closely referenced to the entries in the Companion. Among the entries themselves are several ""self-profiles"" by leading philosophers in the field, including Chomsky, Davidson, Dennett, Dretske, Fodor, Lewis, Searle and Stalnaker, in which their own positions within the subject are articulated. In some more complex areas, more than one author has been invited to write on the same topic, giving a polarity of viewpoints within the book's overall coverage. (shrink)

Liberalism generally holds that legitimate political power is limited and is to be impartially exercised, only for the public good. Liberals accordingly assign political priority to maintaining certain basic liberties and equality of opportunities; they advocate an essential role for markets in economic activity, and they recognize government's crucial role in correcting market breakdowns and providing public goods. Classical liberalism and what I call “the high liberal tradition” are two main branches of liberalism. Classical liberalism evolved from the works of (...) Adam Smith and the classical utilitarian economists; its major 20th century representatives include Friedrich Hayek and Milton Friedman. The high liberal tradition developed from John Stuart Mill's works, and its major philosophical representatives in the 20th century are John Dewey and, later, John Rawls. This paper discusses the main distinguishing features of the classical and the high liberal traditions and their respective positions regarding capitalism as an economic and social system. Classical liberals, unlike high liberals, regard economic liberties and rights of private property in productive resources to be nearly as important as basic liberties. They conceive of equality of opportunity in more formal terms, and regard capitalist markets and the price system as essential not only to the allocation of production resources, but also as the fundamental criterion for the just distribution of income, wealth, and economic powers. High liberals, by contrast, regard the economic liberties as subordinate to the exercise of personal and civic liberties. They are prepared to regulate and restrict economic liberties to achieve greater equality of opportunities, reduce inequalities of economic powers, and promote a broader conception of the public good. And while high liberals endorse markets and the price system as essential to allocation of productive resources, they do not regard markets as the fundamental criterion for assessing just distributions of income, wealth, and economic powers and positions of responsibility. The paper concludes with some reflections upon the essential role that dissimilar conceptions of persons and society play in grounding the different positions on economic justice that classical and high liberals advocate. (shrink)

Intertheoretic reduction in physics aspires to be both to be explanatory and perfectly general: it endeavors to explain why an older, simpler theory continues to be as successful as it is in terms of a newer, more sophisticated theory, and it aims to relate or otherwise account for as many features of the two theories as possible. Despite often being introduced as straightforward cases of intertheoretic reduction, candidate accounts of the reduction of general relativity to Newtonian gravitation have either been (...) insufficiently general or rigorous, or have not clearly been able to explain the empirical success of Newtonian gravitation. Building on work by Ehlers and others, I propose a different account of the reduction relation that is perfectly general and meets the explanatory demand one would make of it. In doing so, I highlight the role that a topology on the collection of all spacetimes plays in defining the relation, and how the selection of the topology corresponds with broader or narrower classes of observables that one demands be well-approximated in the limit. (shrink)

This book examines three issues: the principle of ought implies can ; the principle of alternate possibilities ; and Kant’s views on the duty to promote one’s own happiness. It argues that although Kant was wrong to deny such a duty, the part of his denial that rests on a conception of duty incorporating both OIC and PAP is sound.

Iris Murdoch’s The Sovereignty of Good—especially the first essay, “The Idea of Perfection”—is often associated with a critique of a certain picture of agency and its proper place in ethical thought. There is implicit in this critique, however, an alternative, much richer one. I propose a reading of Murdochian agency in terms of the continuous activity of cultivating and refining a distinctive practical standpoint, and I apply this reading to her account of moral progress. For Murdoch moral progress depends on (...) transcending egoism and achieving clear perception of a normatively-saturated reality, but it would be a mistake to think of egoism in terms of selfishness, or clarity in terms of altruism. Rather, I argue, Murdochian moral progress requires overcoming socially-conditioned and often ideological forms of alienation, and making the social conditions that inform our practical standpoints self-conscious. (shrink)

Despite its importance in different occupational and everyday contexts, vigilance, typically defined as the capacity to sustain attention over time, is remarkably limited. What explains these limits? Two theories have been proposed. The Overload Theory states that being vigilant consumes limited information-processing resources; when depleted, task performance degrades. The Underload Theory states that motivation to perform vigilance tasks declines over time, thereby prompting attentional shifts and hindering performance. We highlight some conceptual and empirical problems for both theories and propose an (...) alternative: the Strategic Allocation Theory. For the Strategic Allocation Theory, performance on vigilance tasks optimizes as a function of intrinsic and extrinsic motivations, including metacognitive factors such as the expected value of effort and the expected value of planning. Limited capacities must be deployed across task sets to maximize expected reward. The observed limits of vigilance reflect changes in the perceived value of, among other things, sustaining attention to a task rather than attending to something else. Drawing from recent computational theories of cognitive control and meta-reasoning, we argue that the Strategic Allocation Theory explains more phenomena related to vigilance behavior than other theories, including self-report data. Lastly, we outline some of the testable predictions the theory makes across several experimental paradigms. (shrink)

Bertrand Russell and the Nature of Propositions offers the first book-length defence of the Multiple Relation Theory of Judgement (MRTJ). Although the theory was much maligned by Wittgenstein and ultimately rejected by Russell himself, Lebens shows that it provides a rich and insightful way to understand the nature of propositional content. In Part I, Lebens charts the trajectory of Russell’s thought before he adopted the MRTJ. Part II reviews the historical story of the theory: What led Russell to deny the (...) existence of propositions altogether? Why did the theory keep evolving throughout its short life? What role did G. F. Stout play in the evolution of the theory? What was Wittgenstein’s concern with the theory, and, if we can’t know what his concern was exactly, then what are the best contending hypotheses? And why did Russell give the theory up? In Part III, Lebens makes the case that Russell’s concerns with the theory weren’t worth its rejection. Moreover, he argues that the MRTJ does most of what we could want from an account of propositions at little philosophical cost. This book bridges the history of early analytic philosophy with work in contemporary philosophy of language. It advances a bold reading of the theory of descriptions and offers a new understanding of the role of Stout and the representation concern in the evolution of the MRTJ. It also makes a decisive contribution to philosophy of language by demonstrating the viability of a no-proposition theory of propositions. (shrink)

In this paper I defend the traditional interpretations of Kant’s Formula of a Law of Nature from recent attacks leveled by Faviola Rivera-Castro, James Furner, Ido Geiger, Pauline Kleingeld and Sven Nyholm. After a short introduction, the paper is divided into four main sections. In the first, I set out the basics of the three traditional interpretations, the Logical Contradiction Interpretation, the Practical Contradiction Interpretation and the Teleological Contradiction Interpretation. In the second, I examine the work of Geiger, Kleingeld and (...) Nyholm: these three commentators reject the traditional interpretations entirely, but I argue that this rejection is ill-founded. In the third and fourth, I take a detailed look at Furner’s work, work in which he seeks to revise (rather than reject) the traditional interpretations. I argue that, despite his more modest aims, Furner’s revision is also ill-founded. (shrink)

In his discussion of the duty of benevolence in §27 of the Metaphysics of Morals, Kant argues that agents have no obligation to promote their own happiness, for ‘this happens unavoidably’ (MS, AA 6:451). In this paper I argue that Kant should not have said this. I argue that Kant should have conceded that agents do have an obligation to promote their own happiness.

The replication or reproducibility crisis in psychological science has renewed attention to philosophical aspects of its methodology. I provide herein a new, functional account of the role of replication in a scientific discipline: to undercut the underdetermination of scientific hypotheses from data, typically by hypotheses that connect data with phenomena. These include hypotheses that concern sampling error, experimental control, and operationalization. How a scientific hypothesis could be underdetermined in one of these ways depends on a scientific discipline’s epistemic goals, theoretical (...) development, material constraints, institutional context, and their interconnections. I illustrate how these apply to the case of psychological science. I then contrast this “bottom-up” account with “top-down” accounts, which assume that the role of replication in a particular science, such as psychology, must follow from a uniform role that it plays in science generally. Aside from avoiding unaddressed problems with top-down accounts, my bottom-up account also better explains the variability of importance of replication of various types across different scientific disciplines. (shrink)

Metaphysics-first approaches dominate the current literature in the epistemology of modality. According to metaphysics-firsters, metaphysical theses have an important role in the justification of modal epistemologies. For example, the thesis that essentialist truths constitute the metaphysical grounds of modal truths is meant to have an important role in the justification of essentialist modal epistemologies. In this article, we argue against this approach. We first pick up some of the groundwork on behalf of the metaphysics-firsters and explicitly spell out potential arguments (...) for their view. However, despite some initial plausibility, these arguments are ultimately found wanting. We conclude that the metaphysics-first approach lacks motivation and puts far too stringent demands upon modal epistemologists. (shrink)

How can inferences from models to the phenomena they represent be justified when those models represent only imperfectly? Pierre Duhem considered just this problem, arguing that inferences from mathematical models of phenomena to real physical applications must also be demonstrated to be approximately correct when the assumptions of the model are only approximately true. Despite being little discussed among philosophers, this challenge was taken up by mathematicians and physicists both contemporaneous with and subsequent to Duhem, yielding a novel and rich (...) mathematical theory of stability with epistemological consequences. (shrink)

Philosophers have become newly interested in the ethics of sex. One promising feature of this new discussion is that it has been broadening our moral lens to include individuals whose sexual interests have historically been denied or ignored. One such group is the elderly. Contrary to popular belief, many elderly people want to have sex and see it as a regular part of their lives. If society harbors ignorance about or prejudice against elderly sexuality, it harbors stronger views against the (...) sexual expression of elderly people with dementia. People with dementia are often prohibited by nursing‐home staff, sometimes in extreme ways, from having sex with their partners. This prohibition is at least partly motivated by the goal of protecting the vulnerable. However, cutting people with dementia off from sex has negative health effects and is a needless restriction of their autonomy. In this article, I argue that the expanding moral lens in sexual ethics should include the sexual expression of elderly individuals with dementia and that their sexual expression should be respected. Specifically, I argue that many people with dementia are competent to consent to sexual activity with their long‐term partners. (shrink)

Mintz examines seventeenth-century reactions to the political philosophy of Thomas Hobbes.

The thesis of theory-ladenness of observations, in its various guises, is widely considered as either ill-conceived or harmless to the rationality of science. The latter view rests partly on the work of the proponents of New Experimentalism who have argued, among other things, that experimental practices are efficient in guarding against any epistemological threat posed by theory-ladenness. In this paper I show that one can generate a thesis of theory-ladenness for experimental practices from an influential New Experimentalist account. The notion (...) I introduce for this purpose is the concept of ‘theory-driven data reliability judgments’, according to which theories which are sought to be tested with a particular set of data guide reliability judgments about those very same data. I provide various prominent historical examples to show that TDRs are used by scientists to resolve data conflicts. I argue that the rationality of the practices which employ TDRs can be saved if the independent support of the theories driving TDRs is construed in a particular way. (shrink)

I am concerned with epistemic closure—the phenomenon in which some knowledge requires other knowledge. In particular, I defend a version of the closure principle in terms of analyticity; if an agent S knows that p is true and that q is an analytic part of p, then S knows that q. After targeting the relevant notion of analyticity, I argue that this principle accommodates intuitive cases and possesses the theoretical resources to avoid the preface paradox.

John Rawls says: “The main problem of distributive justice is the choice of a social system.” Property-owning democracy is the social system that Rawls thought best realized the requirements of his principles of justice. This article discusses Rawls’s conception of property-owning democracy and how it is related to his difference principle. I explain why Rawls thought that welfare-state capitalism could not fulfill his principles: it is mainly because of the connection he perceived between capitalism and utilitarianism.

If the force on a particle fails to satisfy a Lipschitz condition at a point, it relaxes one of the conditions necessary for a locally unique solution to the particle’s equation of motion. I examine the most discussed example of this failure of determinism in classical mechanics—that of Norton’s dome—and the range of current objections against it. Finding there are many different conceptions of classical mechanics appropriate and useful for different purposes, I argue that no single conception is preferred. Instead (...) of arguing for or against determinism, I stress the wide variety of pragmatic considerations that, in a specific context, may lead one usefully and legitimately to adopt one conception over another in which determinism may or may not hold. (shrink)

Fleischacker addresses the dangers of seeking ethical understanding across cultures--that we may either impose our own values on others or abandon all norms to relativism. Drawing in particular on the Jewish tradition, he sees the unique and powerful stories that each culture tells as crucial to ethical practice, and suggests that neither tradition nor authority is antagonistic to freedom.

Dasgupta poses a serious challenge to realism about natural properties. He argues that there is no acceptable explanation of why natural properties deserve the value realists assign to them and are consequently absent of value. In response, this paper defines and defends an alternative non-explanatory account of normativity compatible with realism. Unlike Lewis and Sider, who believe it is sufficient to defend realism solely on realist terms, I engage with the challenge on unfriendly grounds by revealing a tu quoque. Dasgupta (...) and anti-realists face a similar challenge to that directed against realism: one that not only undermines the objection to realism by legitimising non-explanatory normativity but leaves them facing a significant dilemma. (shrink)

I have two main goals in this paper. The first is to argue for the thesis that Kant gave up on his highest good argument for the existence of God around 1800. The second is to revive a dialogue about this thesis that died out in the 1960s. The paper is divided into three sections. In the first, I reconstruct Kant’s highest good argument. In the second, I turn to the post-1800 convolutes of Kant’s Opus postumum to discuss his repeated (...) claim that there is only one way to argue for the existence of God, a way which resembles the highest good argument only in taking the moral law as its starting point. In the third, I explain why I do not find the counterarguments to my thesis introduced in the 1960s persuasive. (shrink)

Die meisten Philosophen stimmen darin überein, dass Kant sich dem Prinzip „Sollen impliziert Können“, bzw. „ought implies can“ (OIC), verschrieben hat. Allerdings sind sich nur wenige darüber einig, wie die Bedeutung von OIC zu verstehen ist. Außerhalb der Kant-Wissenschaft gibt es Debatten über die Bedeutung von „sollen“, die Bedeutung von „impliziert“ und die Bedeutung von „können“ in diesem Prinzip. Innerhalb der Kant-Forschung besteht kein Konsens darüber, was Kant zu diesen Themen dachte. In diesem Artikel versuche ich, diese Situation zu verbessern. (...) In Abschnitt I überprüfe ich die Sekundärliteratur zu Kants Engagement für OIC und erkläre, wo die Interpretation meiner Meinung nach schief geht. In Abschnitt II untersuche ich einige der direkten Textbeweise dafür, dass Kant eine bestimmte Version von OIC zugeschrieben wird. In Abschnitt III lege ich dar, was meiner Meinung nach die wichtigsten doktrinären Gründe dafür sind, Kant diese Version von OIC zuzuschreiben. (shrink)

It has long been argued that the institution of judicial review is incompatible with democratic institutions. This criticism usually relies on a procedural conception of democracy, according to which democracy is essentially a form of government defined by equal political rights and majority rule. I argue that if we see democracy not just as a form of government, but more basically as a form of sovereignty, then there is a way to conceive of judicial review as a legitimate democratic institution. (...) The conception of democracy that stems from the social contract tradition of Locke, Rousseau, Kant and Rawls, is based in an ideal of the equality, independence, and original political jurisdiction of all citizens. Certain equal basic rights, in addition to equal political rights, are a part of democratic sovereignty. In exercising their constituent power at the level of constitutional choice, free and equal persons could choose judicial review as one of the constitutional mechanisms for protecting their equal basic rights. As such, judicial review can be seen as a kind of shared precommitment by sovereign citizens to maintaining their equal status in the exercise of their political rights in ordinary legislative procedures. I discuss the conditions under which judicial review is appropriate in a constitutional democracy. This argument is contrasted with Hamilton's traditional argument for judicial review, based in separation of powers and the nature of judicial authority. I conclude with some remarks on the consequences for constitutional interpretation. (shrink)

In this article I argue that a methodological challenge to an integrated history and philosophy of science approach put forth by Ronald Giere almost forty years ago can be met by what I call the Kuhnian mode of History and Philosophy of Science (HPS). Although in the Kuhnian mode of HPS norms about science are motivated by historical facts about scientific practice, the justifiers of the constructed norms are not historical facts. The Kuhnian mode of HPS therefore evades the naturalistic (...) fallacy which Giere’s challenge is a version of. Against the backdrop of a discussion of Laudan’s normative naturalism I argue that the Kuhnian mode of HPS is a superior form of naturalism: it establishes contact to the practice of science without making itself dependent on its contingencies. (shrink)