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 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)

: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.

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)

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)

Objects are central in visual, auditory, and tactual perception. But what counts as a perceptual object? I address this question via a structural unity schema, which specifies how a collection of parts must be arranged to compose an object for perception. On the theory I propose, perceptual objects are composed of parts that participate in causally sustained regularities. I argue that this theory falls out of a compelling account of the function of object perception, and illustrate its applications to multisensory (...) perception. I also argue that the account avoids problems faced by standard views of visual and auditory objects. (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)

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)

In this sequel to his prize-winning book, The Eyes of the People, Jeffrey Edward Green draws on philosophy, history, social science, and literature to ask what democracy can mean in a world where it is understood that socioeconomic status to some degree will always determine opportunities for civic engagement and career advancement. Under this shadow of unfairness, Green argues that the most advantaged class are rightly subjected to compulsory public burdens, but he also attends to the uncomfortable aspects (...) of ordinary, “second-class” citizenship as well: above all, the “reasonable envy,” “principled vulgarity,” and need for “extrapolitical solace” that will inform everyday citizens’ efforts to seek democratic ends within a political landscape permanently darkened by plutocracy. Deeply engaged in the history of political thought, the book is still first and foremost an effort to illuminate present-day politics. With the plebeians of ancient Rome as his muse, Green develops a plebeian conception of contemporary liberal democracy, at once disenchanted yet idealistic in its insistence that the Few-Many distinction might be enlisted for progressive purpose. Green’s analysis is likely to unsettle all sides of the political spectrum, but its purpose looks beyond narrow partisan concerns and aims instead to understand what the ongoing quest for free and equal citizenship might require once it is accepted that our political and educational systems will always be tainted by economic inequality. (shrink)

Know Thyself: The Value and Limits of Self-Knowledge takes the reader on tour of the nature, value, and limits of self-knowledge. Mitchell S. Green calls on classical sources like Plato and Descartes, 20th-century thinkers like Freud, recent developments in neuroscience and experimental psychology, and even Buddhist philosophy to explore topics at the heart of who we are. The result is an unvarnished look at both the achievements and drawbacks of the many attempts to better know one's own self. Key (...) topics in this volume include: Knowledge - what it means to know, the link between wisdom and knowledge, and the value of living an "examined life" Personal identity - questions of dualism, bodily continuity, and personhood The unconscious - including the kind posited by psychoanalysis as well as the form proposed by recent research on the so-called adaptive unconscious Free will - if we have it, and the recent arguments from neuroscience challenging it Self-misleading - the ways we willfully deceive ourselves, and how this relates to empathy, peer disagreement, implicit bias, and intellectual humility Experimental psychology - considerations on the automaticity of emotion and other cognitive processes, and how they shape us This book is designed to be used in conjunction with the free 'Know Thyself' MOOC created through collaboration of the University of Connecticut's Project on Humility and Conviction in Public Life, and the University of Edinburgh's Eidyn research centre, and hosted on the Coursera platform. The book is also suitable as a text for interdisciplinary courses in the philosophy of mind or self-knowledge, and is highly recommended for anyone looking for a short overview of this fascinating topic. (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)

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)

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)

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)

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)

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)

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)

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...

In this study Professor Michalson attempts to clarify the complex tangle of issues connected with Kant's doctrines of radical evil and moral regeneration, and to set the problems resulting from these doctrines in an interpretive framework that tries to make sense of the instability of his overall position. In his late work Religion Within the Limits of Reason Alone, Kant charts out these doctrines in a manner that represents a fresh development in his own thinking on moral and relgious matters, (...) apparently at variance with the mainstream Enlightenment outlook which Kant otherwise embodies. His position appears to amount to a retrieval of the supposedly outmoded Christian doctrine of original sin, and this ambivalence is seen to stem from his desire to do justice both to the Protestant Christian, and the Enlightenment rationalist, tradition, which weigh equally heavily upon him. In this study Professor Michalson attempts to clarify the complex tangle of issues connected with Kant's doctrines of radical evil and moral regeneration, and to set the problems resulting from these doctrines in an interpretive framework that tries to make sense of the instability of his overall position. (shrink)

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)

In this paper we consider the modal logic with both $$\Box $$ and $$\Diamond $$ arising from Kripke models with a crisp accessibility and whose propositions are valued over the standard Gödel algebra $$[0,1]_G$$. We provide an axiomatic system extending the one from Caicedo and Rodriguez (J Logic Comput 25(1):37–55, 2015) for models with a valued accessibility with Dunn axiom from positive modal logics, and show it is strongly complete with respect to the intended semantics. The axiomatizations of the most (...) usual frame restrictions are given too. We also prove that in the studied logic it is not possible to get $$\Diamond $$ as an abbreviation of $$\Box $$, nor vice-versa, showing that indeed the axiomatic system we present does not coincide with any of the mono-modal fragments previously axiomatized in the literature. (shrink)

This edtion has been revised and extended to include eleven new entries on Berlin, Chomsky, Derrida, Rorty and many others. Comprising 169 entries, it also includes non-Western political thinkers.

What is the value of having medical students engage in creative production as part of their learning? Creating something new requires medical students to take risks and even to fail--something they tend to be neither accustomed to nor comfortable with doing. “Making stuff” can help students prepare for such failures in a controlled environment that doesn’t threaten their professional identities. Furthermore, doing so can facilitate students becoming resilient and creative problem-solvers who strive to find new ways to address vexing questions. (...) Though creating something new can be fun, this is not the main outcome of interest. Rather, the principle reason we recommend devoting precious curricular time to creative endeavors is because it helps medical students become better doctors. (shrink)

Journal Name: Cognitive Linguistics Issue: Ahead of print.

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 groundbreaking work was the first to propose an inquiry into the forms, dynamics, and constructs of educational policy. This fine book remains the only treatment of educational policy incorporating an account of the differences between various kinds of educational goods. Professor Green explored the nature of policy and prospects for the future, and it is a rare treat that we can now (more than fifteen years later) revisit the text to discover his uncanny accuracy.

We discuss the typography of the notation used by Gottlob Frege in his Grundgesetze der Arithmetik.