In this paper I defend Max Weber's concept of political legitimacy as a standard for the moral evaluation of states. On this view, a state is legitimate when its subjects regard it as having a valid claim to exercise power and authority. Weber’s analysis of legitimacy is often assumed to be merely descriptive, but I argue that Weberian legitimacy has moral significance because it indicates that political stability has been secured on the basis of civic alignment. Stability on this basis (...) enables all the goods of peaceful cooperation with minimal state violence and intimidation, thereby guarding against alienation and tyranny. Furthermore, I argue, since Weberian legitimacy is empirically measurable in terms that avoid controversial value judgments, its adoption would bridge a longstanding divide between philosophers and social scientists. (shrink)

This article offers a comprehensive and critical analysis of Eric Heinze’s book Hate Speech and Democratic Citizenship (Oxford University Press, 2016). Heinze’s project is to formulate and defend a more theoretically complex version of the idea (also defended by people like Ronald Dworkin and James Weinstein) that general legal prohibitions on hate speech in public discourse compromises the state’s democratic legitimacy. We offer a detailed synopsis of Heinze’s view, highlighting some of its distinctive qualities and strengths. We then develop a (...) critical response to this view with three main focal points: (1) the characterisation of democratic legitimacy as something distinct from (and whose demands aren’t identical with those of) legitimacy per se; (2) the claim that the requirements of democracy are hypothetical, rather than categorical, imperatives; and relatedly (3) the question of how we should reconcile the requirements of democratic legitimacy with the costs that may follow from prioritising democratic legitimacy. We argue that there are significant difficulties for Heinze’s account on all three fronts. (shrink)

:In this essay I defend an alternative account of why markets are legitimate. I argue that markets have a raison d’être—a potential to be valuable that, if fulfilled, would justify their existence. I characterize this potential in terms of the goods that are promoted by the legal protection of economic agency: resource discretion, contribution esteem, wealth, diffusion of power, and freedom of association. I argue that market institutions deliver these goods without requiring the participants to have shared ends, or shared (...) deliberation about joint ends—indeed, this feature is the source of the market’s distinctive contribution to well-being. I suggest that when markets lack legitimacy, this is because they fail to fulfill their raison d’être, or fail to be recognized as doing so. Thus, the contours of legal protection must be drawn so that these goods are realized together in a recognizable way, without sacrificing one good for the sake of others. Finally, I argue that this account is appealing because it allows regulators to consider a plurality of goods, and because it makes room for the essential role of rhetoric in securing market legitimacy. (shrink)

Many people are concerned about the legitimacy of digital technology companies like Meta. In this paper we show that two existing models for characterizing power – sovereign power and structural power – are inadequate when it comes to digital technology companies. This is because they fail to accommodate something crucial: the uniquely empowering nature of digital power. Companies like Meta empower users to interact by providing them with versatile systems defined by minimalist permission structures. Drawing on Searle’s theory of institutions (...) and Hart’s theory of law, we show how these permission structures facilitate the creation of new powers, as well as new institutions, through the emergence and recognition of new social norms. This means we must ask how entities that provide us with such versatile – and thus unsteerable – means of empowerment can come to be legitimate. We argue that a custodial framework for digital legitimacy can assign responsibility for the patterns of empowerment that are sustained by companies like Meta. (shrink)

European Journal of Philosophy, EarlyView.

This article inverts Donna Haraway’s proposition that ‘the ideologically charged question of what counts as daily activity, as experience, can be approached by exploiting the cyborg image’ by instead exploiting everyday experience to approach the contemporary cyborg. It utilises digital tools to compile a corpus of Instagram posts that foreground corporeal hybridity, and examines this social media data through the lenses of feminist STS, affect theory and digital studies. This strategy offers a new vantage on the cyborg by connecting it (...) to concrete and ongoing user practices. To make these interventions, this project focuses specifically on a genre of post popularised by Instagram fitness (or fitstagram) influencers – diptych photographic montages that oppose imperfectly ‘real’ material bodies to unrealistically ‘perfect’ media bodies. Although they formally rely on binary logics (real v. perfect, offline v. online), the posts simultaneously deconstruct them in a number of ways. These repeated boundary transgressions reflect users’ lived experiences of hybrid online/offline corporeality and help forward a theory of cyborg embodiment that relies on quotidian practices as opposed to fixed products or identities. Moreover, close engagement with a final dataset of eighty-nine posts illuminates three particular modes of enacting the cyborg corpus on Instagram: occupation of multiple bodies, awareness of the analogue body and anxious boundary-work. This research extends the cyborg as a critical figure by situating it within a social media context, attending to its imbrication in everyday practices, and affirming female Instagram users as theorists of their cyborg selves. (shrink)

Next SectionReproductive medical tourism is by some accounts a multibillion dollar industry globally. The seeking by clients in high income nations of surrogate mothers in low income nations, particularly India, presents a set of largely unexamined ethical challenges. In this paper, eight such challenges are elucidated to spur discussion and eventual policy development towards protecting the rights and health of vulnerable women of the Global South.

In the final chapter of Speech Matters, Seana Shiffrin argues that institutions have especially stringent duties to protect speech freedoms. In this article, I develop a few lines of criticism. First, I question whether Shiffrin’s framework of justified suspended contexts is appropriate for institutional settings. Second, I challenge the presumption that the knowledge-gathering function performed by police is necessarily compromised by insincere practices. Third, I criticize Shiffrin’s characterization of the university as involving a complete repudiation of enforced consensus, and I (...) express doubts about the close connection between education and democratic legitimation that Shiffrin endorses. Finally, I raise a problem with the book’s overall argument: even if one agrees that speech freedoms are necessary for moral development, they also may be threatening to moral development. The upshot is that the protection of speech should be modulated in order to account for the potential conflicts between sincerity and other valuable ends, rather than being oriented above all to sincerity. (shrink)

As the federal government continues to expand upon and improve its data sharing policies over the past 20 years, complex challenges remain. Our interviews with U.S. academic genetic researchers (n=23) found that the burden, translation, industry limitations, and consent structure of data sharing remain major governance challenges.

Opening with the author's attempt to sneak herself and her father into a conference attended by the planet's great scientific thinkers (including Brian Greene, Max Tegmark, and coiner of the term "black hole" John Wheeler), Trespassing on Einstein's Lawn takes readers on an exhilarating and memorable journey to the mysterious heart of the universe.

A venerable view holds that a border between perception and cognition is built into our cognitive architecture and that this imposes limits on the way information can flow between them. While the deliverances of perception are freely available for use in reasoning and inference, there are strict constraints on information flow in the opposite direction. Despite its plausibility, this approach to the perception-cognition border has faced criticism in recent years. This article develops an updated version of the architectural approach, which (...) I call the dimension restriction hypothesis (DRH). According to DRH, perceptual processes are constrained to compute over a bounded range of dimensions, while cognitive processes are not. This view allows that perception is cognitively penetrable, but places strict limits on the varieties of penetration that can occur. The article argues that DRH enjoys both theoretical and empirical support, and also defends the view against several objections. (shrink)

In the past decade, experimental philosophy---the attempt at making progress on philosophical problems using empirical methods---has thrived in a wide range of domains. However, only in recent years has aesthetics succeeded in drawing the attention of experimental philosophers. The present paper constitutes the first survey of these works and of the nascent field of 'experimental philosophy of aesthetics'. We present both recent experimental works by philosophers on topics such as the ontology of aesthetics, aesthetic epistemology, aesthetic concepts, and imagination, as (...) well as research from other disciplines that not only are relevant to philosophy of aesthetics but also open new avenues of research for experimental philosophy of aesthetics. Overall, we conclude that the birth of an experimental philosophy of aesthetics is good news not only for aesthetics but also for experimental philosophy itself, as it contributes to broaden the scope of experimental philosophy. (shrink)

For centuries it has been assumed that democracy must refer to the empowerment of the People's voice. In this pioneering book, Jeffrey Edward Green makes the case for considering the People as an ocular entity rather than a vocal one. Green argues that it is both possible and desirable to understand democracy in terms of what the People gets to see instead of the traditional focus on what it gets to say. The Eyes of the People examines democracy (...) from the perspective of everyday citizens in their everyday lives. While it is customary to understand the citizen as a decision-maker, in fact most citizens rarely engage in decision-making and do not even have clear views on most political issues. The ordinary citizen is not a decision-maker but a spectator who watches and listens to the select few empowered to decide. Grounded on this everyday phenomenon of spectatorship, The Eyes of the People constructs a democratic theory applicable to the way democracy is actually experienced by most people most of the time. In approaching democracy from the perspective of the People's eyes, Green rediscovers and rehabilitates a forgotten "plebiscitarian" alternative within the history of democratic thought. Building off the contributions of a wide range of thinkers--including Aristotle, Shakespeare, Benjamin Constant, Max Weber, Joseph Schumpeter, and many others--Green outlines a novel democratic paradigm centered on empowering the People's gaze through forcing politicians to appear in public under conditions they do not fully control. The Eyes of the People is at once a sweeping overview of the state of democratic theory and a call to rethink the meaning of democracy within the sociological and technological conditions of the twenty-first century. In addition to political scientists and students of democracy, the book likely will be of interest to political journalists, theorists of visual culture, and anyone in search of political principles that acknowledge, rather than repress, the pathologies of political life in contemporary mass society. (shrink)

The modern state claims supreme authority over the lives of all its citizens. Drawing together political philosophy, jurisprudence, and public choice theory, this book forces the reader to reconsider some basic assumptions about the authority of the state. Various popular and influential theories - conventionalism, contractarianism, and communitarianism - are assessed by the author and found to fail. Leslie Green argues that only the consent of the governed can justify the state's claims to authority. While he denies that there (...) is a general obligation to obey the law, he nonetheless rejects philosophical anarchism and defends civility - the willingness to tolerate some imperfection in institutions - as a political virtue. (shrink)

Many of the objects that we perceive have an important characteristic: When they move, they change shape. For instance, when you watch a person walk across a room, her body constantly deforms. I suggest that we exercise a type of perceptual constancy in response to changes of this sort, which I call structure constancy. In this paper I offer an account of structure constancy. I introduce the notion of compositional structure, and propose that structure constancy involves perceptually representing an object (...) as retaining its compositional structure over time. I argue that compositional structure is represented in visual phenomenology, and I also assemble empirical evidence in support of the claim that compositional structure is recovered by the visual system. Finally, I draw out consequences of this account. I argue that structure constancy has implications for the predictive capacities of perception, and that the phenomenon places important constraints on viable accounts of both the format and reference frame of visual experience. (shrink)

For Bernard Williams, philosophy and history are importantly connected. His work exploits this connection in a number of directions: he believes that philosophy cannot ignore its own history the way science can; that even when engaging with philosophy’s history primarily to produce history, one needs to draw on philosophy; and that when doing the history of philosophy primarily to produce philosophy, one still needs a sense of how historically distant past philosophers are, because the point of reading them is to (...) confront something different from the present. But Williams also holds that systematic philosophy itself needs to be done historically, engaging not just with its own history, but with that of the concepts it seeks to understand. To explore these different ways in which philosophy and history intertwine, this volume assembles specially commissioned contributions by A. W. Moore, Terence Irwin, Sophie-Grace Chappell, Catherine Rowett, Marcel van Ackeren, John Cottingham, Gerald Lang, Lorenzo Greco, Paul Russell, Carla Bagnoli, Peter Kail, David Owen, Giuseppina D’Oro, James Connelly, Matthieu Queloz, Nikhil Krishnan, John Marenbon, Ralph Wedgwood, Garrett Cullity, Hans-Johann Glock, Geraldine Ng, Ilaria Cozzaglio, Amanda R. Greene, and Miranda Fricker. They critically appraise Williams’s work in and on the history of philosophy as well as his historicist turn and his use of genealogy. The resulting collection uniquely combines substantive discussions of historical figures from Homer to Wittgenstein with methodological discussions of how and why the history of philosophy should be done, and how and why philosophy should draw on history. (shrink)

This book reconceives virtue epistemology in light of the conviction that we are essentially social creatures. Virtue is normally thought of as something that allows individuals to accomplish things on their own. Although contemporary ethics is increasingly making room for an inherently social dimension in moral agency, intellectual virtues continue to be seen in terms of the computing potential of a brain taken by itself. Thinking in these terms, however, seriously misconstrues the way in which our individual flourishing hinges on (...) our collective flourishing. Green’s account of virtue epistemology is based on the extended credit view, which conceives of knowledge as an achievement and broadens that focus to include team achievements in addition to individual ones. He argues that this view does a better job than alternatives of answering the many conceptual and empirical challenges for virtue epistemology that have been based on cases of testimony. The view also allows for a nuanced interaction with situationist psychology, dual processing models in cognitive science, and the extended mind literature in philosophy of mind. This framework provides a useful conceptual bridge between individual and group epistemology, and it has novel applications to the epistemology of disagreement, prejudice, and authority. (shrink)

Mental content normativists hold that the mind’s conceptual contents are essentially normative. Many hold the view because they think that facts of the form “subject S possesses concept c” imply that S is enjoined by rules concerning the application of c in theoretical judgments. Some opponents independently raise an intuitive objection: even if there are such rules, S’s possession of the concept is not the source of the enjoinment. Hence, these rules do not support mental content normativism. Call this the (...) “Source Objection.” This paper refutes the Source Objection, outlining a key strand of the relationship between judgments and their contents in the process. Theoretical judgment and mental conceptual content are equally the source of enjoinment; norms for judging with contents do not derive from one at the expense of the other. (shrink)

While standard histories of Western political thought represent women’s rights as an offshoot of the earlier movement for the equal rights of men, this essay argues that the eighteenth-century push for democracy and equal rights was grounded in arguments first used to defend women’s right to moral and religious self-determination, based on their rational and spiritual equality with men. In tandem with the rise of critiques of absolute monarchy, ideal marriage, which had previously involved lordship and subjection, was transformed into (...) an equal companionate relationship based on inclination and affection. The essay argues that the transformation, by the time of the American and French revolutions, of neo-Roman republicanism—which had been aristocratic and oligarchic—into egalitarian, democratic republicanism had been mediated by the extension of arguments, widely distributed in the literature criticizing the slavery of marriage, into a general critique of slavery and support for the equal rights of men. (shrink)

Since 9/11, citizens of all nations have been searching for a democratic public philosophy that provides practical and inspiring answers to the problems of the twenty-first century. Drawing on the wisdom of past and present pragmatist thinkers, Judith M. Green maps a contemporary form of citizenship that emphasizes participation and cooperation and reclaims the critical role of social movements and nongovernmental organizations. Starting with empowering processes of storytelling, truth and reconciliation, and collaborative vision-questing that allow individuals to give voice (...) and new meaning to their loss, anxiety, and hope, Green frames cooperative inquiries to guide transformative actions. From this "second strand" of the democratic experience, leaders and participating citizens can help to shape a more desirable democratic future. In dialogue with Richard Rorty, Judith Butler, James Baldwin, Martin Luther King Jr., Elie Wiesel, Viktor Frankl, Cornel West, and other contemporary thinkers, Green defines the need for deeper understanding and fulfillment of the potentials of the democratic ideal. Drawing insights from Thomas Jefferson, Walt Whitman, William James, John Dewey, Jane Adams, and other earlier thinkers, Green frames a pragmatist understanding of emerging realities and possibilities, growing wells of shared truths, multifaceted histories, and mutually transformative experiences of citizenship. Employing examples from America's complex history and from recent world events, Green locates four sites for effective citizen activism: government at all levels, nonprofit organizations, issue-focused campaigns and social movements, and daily urban living. Green shows how citizens can revive social hope and deepen the democratic experience by drawing on their own knowledge and developing their capabilities through inclusive civic participation. (shrink)

Using the theoretical approach he introduced in his acclaimed Religious Reason (Oxford, 1978), and drawing on contemporary rationalist ethical theory as well as a variety of religious traditions and issues, Ronald M. Green here provides a simple, effective model for understanding the complexity of religious life. He shows clearly and convincingly that the basic processes of religious reasoning are the same everywhere and that they give rise, in perfectly understandable ways, to the rich diversity of religious expression worldwide. This (...) is a major resource for courses in the philosophy of religion. (shrink)

This essay ties together some main strands of the author’s research spanning the last quarter-century. Because of its broad scope and space limitations, he prescinds from detailed arguments and instead intuitively motivates the general points which are supported more fully in other publications to which he provides references. After an initial delineation of several distinct notions of meaning, the author considers such a notion deriving from the evolutionary biology of communication that he terms ‘organic meaning’, and places it in the (...) context of evolutionary game theory. That provides a framework for a special type of organic meaning found in the phenomenon of expression, of which the author here offers an updated characterization while highlighting its wide philosophical interest. Expression in turn generalizes to a paradigmatic form of human communication—conversation—and section 4 provides a taxonomy of conversation-types while arguing that attention to such types helps to sharpen predictions of what speakers say rather than conversationally implicate. We close with a view of fictional discourse on which authors of fictional works are engaged in conversation with their readers, and can provide them with knowledge in spite of the fictional character of their conversation. Such knowledge includes knowledge of how an emotion feels and is thus a route to empathy. (shrink)

Journal of Political Philosophy, EarlyView.

Why is it that most fictions present one and only one ending, rather than multiple ones? Fictions presenting multiple endings are possible, because a few exist; but they are very rare, and this calls for an explanation. We argue that such an explanation is likely to shed light on our engagement with fictions, for fictions having one and only one ending seem to be ubiquitous. After dismissing the most obvious explanations for this phenomenon, we compare the scarcity of multiple endings (...) in traditional kinds of fiction to their profusion in the case of interactive fictions. This contrast poses a challenge to accounts of our engagement with fictions in terms of games of make-believe. We conclude that solving this puzzle is likely to improve our philosophical understanding of fictions. (shrink)

A rarely studied motive for engaging in face-to-face arguing is to display one’s identity. One way people can manage their impressions is to give reasons for their commitments. This appears to be the first study to focus on this reason for arguing. 461 undergraduates recalled an episode in which they had argued to display own identity. They filled out trait measures as well as instruments describing the episode. Identity display arguments do not require controversy, are not very emotional episodes, can (...) partly serve many communication goals, and are polite. People who have high predilection to argue for identity display are both self- and other-oriented, although the correlations with self-oriented measures are stronger. This study not only describes episodes containing arguments for identity display, but also indicates the balance between self- and other-orientations that are involved. (shrink)

ABSTRACTTwo footnotes added to the version of Catharine Cockburn’s Defence of the Essay Of Human Understanding reprinted in her Works have led to various accusations, including that s...

The translation of both ‘bedeuten’ and ‘Bedeutung’ in Frege's works remains sufficiently problematic that some contemporary authors prefer to leave these words untranslated. Here a case is made for returning to Russell's initial choice of ‘to indicate’ and ‘indication’ as better alternatives than the more usual ‘meaning’, ‘reference’, or ‘denotation’. It is argued that this choice has the philosophical payoff that Frege's controversial doctrines concerning the semantic values of sentences and predicative expressions are rendered far more comprehensible by it, and (...) that this translational strategy fulfills the desiderata of offering a translation which is acceptable both before and after Frege introduced the distinction between sense and reference or, as this paper would have it, between the sense of an expression and what it indicates. (shrink)

Slote has argued that empathy plays a crucial role in such speech acts as questions and assertions. After clarifying some of the aims and limitations of speech act theory, providing an account of empathy and its potential epistemic value, and sketching the role that some speech acts play in expressing psychological states, we consider Slote’s argument for the place of empathy in questions and assertions. We show that the most that Slote has established is that some cases of questioning and (...) asserting depend upon on empathetic engagement between speaker and addressee. That, however, is no basis for concluding that empathy plays a crucial role in either of these illocutions. (shrink)

Philosophers frequently defend definitions by appealing to intuitions and contemporary folk classificatory norms. I raise methodological concerns that undermine some of these defenses. Focusing on Andrew Kania's recent definition of music, I argue that the way in which it has been developed leads to problems, and I show that a number of other definitions of interest to philosophers of art run into similar problems.

In the Realm of Criminal Law, Antony Duff seeks to defend the view that we should criminalize conduct only if it is wrongful. Skeptics of legal moralism argue that this occurs all the time in supposedly overinclusive offenses whose definitions capture not only the kind of conduct that constitutes the target wrong, but also a wider class of conduct that is not wrongful prior to prohibition. An example is statutory rape. Duff, in response, contends that such offenses need not violate (...) the requirements of legal moralism. Having exploitative sex with juveniles is obviously wrong even prior to its legal regulation. But having non-exploitative sex with juveniles is also potentially wrong, inasmuch as it involves a violation of a prohibition that society has decided is justified for instrumental reasons. While Duff’s analysis offers an ingenious explanation for why offenses like statutory rape need not violate the bare minimum requirements of legal moralism, it simultaneously exposes separate, largely unacknowledged, problems of fair labeling and proportionality. By combining in a single offense wrongs that are primarily malum in se with ones that are primarily malum prohibitum—a process referred to as “wrongfulness conflation”—we risk treating unlike wrongs alike, imposing disproportionate punishments, and blurring offense labels. And such problems occur not just in the context of statutory rape, but also with respect to a host of other supposedly overinclusive offenses, including various forms of sexual assault. (shrink)

This paper argues that modern virtue ethics provides a useful background against which to read the philosophical import of Christine de Pizan’s works. By recognizing the origins of much of her thought in the Medieval tradition of virtue ethics, the paper brings out the continuity between her writing and a rich stream of contemporary ethical debate. It shows how Christine’s strand of feminism was deeply indebted to Medieval virtue ethics; both as found in Boethius and in contemporary compilations on the (...) virtues, on which Christine drew. At the same time, this tradition was subtly transformed by Christine, in order to elevate the status of women, as well as the traditional practical and worldly activities of women. Indeed, Christine’s feminism can be read as a direct application of her meditation on virtue and the good life. The paper concludes with a brief sketch of the way in which, during the three centuries subsequent to Christine, the nature of virtue and the virtues continued to provide a central focus in women’s philosophical writings. (shrink)

Methodological divisions in sociology, the study of the social, are not just deep and persistent but patterned—most obviously in the separate development of qualitative methods in ethnography and grounded theory, but also in subsidiary divisions within those separations, following the same pattern. The pattern being too deep-rooted to be explained as empirical happenstance, it will be explored here as the effect of an equally deep-rooted condition. More exactly, through postulating that sociology’s subject-matter, the social, is ontologically rooted in an essential (...) ambiguity between abstraction and individuation. Four criteria are drawn from the idea of the dichotomy being constitutively essential, which this or any alternative candidates must meet. The article conducts the postulate through the criteria, and applies the criterion of separating better from worse sociological theory to the work of Pierre Bourdieu. (shrink)

Much of everyday language is vague, even in situations where vagueness could have been avoided. Yet the benefits of vagueness for hearers and readers are proving to be elusive. We discuss a range of earlier controlled experiments with human participants, and we report on a new series of experiments that we ourselves have conducted in recent years. These experiments, which focus on vague expressions that are part of referential noun phrases, aim to separate the utility of vagueness from the utility (...) of other factors that tend to co-occur with vagueness. After presenting the evidence, we argue that it supports a view where the benefits that vague terms exert are due to other influences, and not to vagueness itself. (shrink)

1. On at least one usage of ‘mean’, performing an action that leads someone else to think that P, is not, on its own, sufficient for meaning that P. Nor is performing an action that is intended to get someone to think this. Instead one must make one’s intention overt. Grice’s way of developing this overtness requirement requires audience-directed intentions: for an agent, on this approach, to mean that P, she must perform a publicly accessible action with the intention of (...) producing in an addressee the belief that P, while further intending that her addressee enter that state at least in part by recognition of her intention. 11 Different types of intended cognitive state and content correspond to different illocutionary forces. Thus an imperatival utterance might be made with the aim of producing an intention to do something; and one might mean P as a conjecture rather than as an assertion by intending to produce in an addressee not a belief but some less committal cognitive state such as tentative acceptance. (shrink)