In a new era of regulatory oversight, the US Supreme Court upended traditional Chevron deference to agency interpretations of ambiguous Congressional provisions in Loper in June 2024. Federal courts were instructed to make their own assessments of statutory authorities amid an onslaught of public health agency challenges surfacing nationally. Even so, SCOTUS may be eyeing further limits on agency powers despite clear and substantial repercussions for the health of the nation.

Following the Roosevelt administration’s implementation of New Deal programs in the 1930s, the federal courts began to interpret the Constitution in a way that accommodated the rise of the “administrative state,” and bureaucratic policymaking continues to persist as a central feature of American government today. This essay submits, however, that the three pillars supporting the administrative state—the congressional delegation of Article I powers to the executive branch, the combination of powers within individual administrative entities, and the insulation of administrators from (...) political control—might be reconsidered by the courts in the near future. After showing that the constitutionality of the administrative state has come under recent judicial scrutiny, the essay turns to the administrative law principle of deference, and argues that a reassessment of the Chevron doctrine seems imminent. Finally, the essay examines federal courts’ heavy use of “hard look” review as a means of curtailing agency discretion during recent administrations, and concludes that this judicial practice stands in uneasy tension with republican principles. (shrink)

Deference principles are principles that describe when, and to what extent, it’s rational to defer to others. Recently, some authors have used such principles to argue for Evidential Uniqueness, the claim that for every batch of evidence, there’s a unique doxastic state that it’s permissible for subjects with that total evidence to have. This paper has two aims. The first aim is to assess these deference-based arguments for Evidential Uniqueness. I’ll show that these arguments only work given a (...) particular kind of deference principle, and I’ll argue that there are reasons to reject these kinds of principles. The second aim of this paper is to spell out what a plausible generalized deference principle looks like. I’ll start by offering a principled rationale for taking deference to constrain rational belief. Then I’ll flesh out the kind of deference principle suggested by this rationale. Finally, I’ll show that this principle is both more plausible and more general than the principles used in the deference-based arguments for Evidential Uniqueness. (shrink)

There are many things—call them ‘experts’—that you should defer to in forming your opinions. The trouble is, many experts are modest: they’re less than certain that they are worthy of deference. When this happens, the standard theories of deference break down: the most popular (“Reflection”-style) principles collapse to inconsistency, while their most popular (“New-Reflection”-style) variants allow you to defer to someone while regarding them as an anti-expert. We propose a middle way: deferring to someone involves preferring to make (...) any decision using their opinions instead of your own. In a slogan, deferring opinions is deferring decisions. Generalizing the proposal of Dorst (2020a), we first formulate a new principle that shows exactly how your opinions must relate to an expert’s for this to be so. We then build off the results of Levinstein (2019) and Campbell-Moore (2020) to show that this principle is also equivalent to the constraint that you must always expect the expert’s estimates to be more accurate than your own. Finally, we characterize the conditions an expert’s opinions must meet to be worthy of deference in this sense, showing how they sit naturally between the too-strong constraints of Reflection and the too-weak constraints of New Reflection. (shrink)

There are many kinds of epistemic experts to which we might wish to defer in setting our credences. These include: highly rational agents, objective chances, our own future credences, our own current credences, and evidential probabilities. But exactly what constraint does a deference requirement place on an agent's credences? In this paper we consider three answers, inspired by three principles that have been proposed for deference to objective chances. We consider how these options fare when applied to the (...) other kinds of epistemic experts mentioned above. Of the three deference principles we consider, we argue that two of the options face insuperable difficulties. The third, on the other hand, fares well|at least when it is applied in a particular way. (shrink)

This paper focuses on the phenomenon of forming one’s judgement about epistemic matters, such as whether one has some reason not to believe false propositions, on the basis of the opinion of somebody one takes to be an expert about them. The paper pursues three aims. First, it argues that some cases of expert deference about epistemic matters are suspicious. Secondly, it provides an explanation of such a suspiciousness. Thirdly, it draws the metaepistemological implications of the proposed explanation.

Ruffino-Marco_Deferred-utterances-and-proper-contexts.

How should we adjust our beliefs in light of the testimony of those who are in a better epistemic position than ourselves, such as experts and other epistemic superiors? In this paper, I develop and defend a deference model of epistemic authority. The paper attempts to resolve the debate between the preemption view and the total evidence view of epistemic authority by taking an accuracy-first approach to the issue of how we should respond to authoritative and expert testimony. I (...) argue that when we look at the debate through the lens of accuracy, it becomes clear that matters are more complicated than either the preemption view or the total evidence view are able to account for. Consequently, a deference model, outlined within a credence-based framework, does a better job of capturing the relevant phenomena, and explaining how we should update our beliefs in response to epistemically authoritative testimony. (shrink)

When an agent learns of an expert's credence in a proposition about which they are an expert, the agent should defer to the expert and adopt that credence as their own. This is a popular thought about how agents ought to respond to (ideal) experts. In a Bayesian framework, it is often modelled by endowing the agent with a set of priors that achieves this result. But this model faces a number of challenges, especially when applied to non-ideal agents (who (...) nevertheless interact with ideal experts). I outline these problems, and use them as desiderata for the development of a new model. Taking inspiration from Richard Jeffrey's development of Jeffrey conditioning, I develop a model in which expert reports are taken as exogenous constraints on the agent's posterior probabilities. I show how this model can handle a much wider class of expert reports (for example reports of conditional probabilities), and can be naturally extended to cover propositions for which the agent has no prior. (shrink)

Deferred sale, in the Islamic Banking and Financeworld widely known as Bai’ bi thaman ajil, is used as an extension toProfit-sale ; both sales complement each other. The Profitsalesells the commodity with profit over the cost price, and BBA plays the roleof receiving that payment on deferred or instalment basis. BBA has becomethe “premier consumer financing facility” for the Islamic financial institutions. This paper deals with deferred sale precisely. It looks into its origin andits transition from void to valid sale. (...) Its application as trade contract and itsmodern application as financing tool is analysed in the light of the maqāṣidSharīʿah. (shrink)

Deference is a belief formation process that occurs when one believes something in virtue of the fact that someone else believes it. Many philosophers have argued that we react differently to beliefs formed through deference in virtue of whether they are moral or non-moral, and that this psychological reaction is evidence for distinct features of the moral domain. This paper presents six worries concerning the use of this evidence in metaethics for drawing conclusions about distinct features of morality. (...) A theory is proposed to explain reactions to moral deference stemming from concerns about this theoretical construct. (shrink)

Deference to experts is normal in many areas of inquiry, but suspicious in morality. This is puzzling if one thinks that morality is relevantly like those other areas of inquiry. We argue that this suspiciousness can be explained in terms of the suspiciousness of deferring to an epistemic peer. We then argue that this explanation is preferable to others in the literature, and explore some metaethical implications of this result.

Since the beginning of the 1990s, the debate on expert evidence has constantly been growing. This article tries to give two separate contributions to a subsection of this debate, the one related to the alternative between deference and education. First, it contains an attack to the arguments that Ronald Allen and others have given in favor of the thesis according to which experts should perform a merely educational role at trial. Second, it maintains that the question of whether fact (...) finders should ever “defer” to experts or should be allowed to draw on their opinions only if they “understand” them should be clarified by introducing a distinction between two different senses “deference”, which is paralleled by a similar distinction between two senses of “understanding”. (shrink)

There is a robust scientific consensus concerning climate change and evolution. But many people reject these expert views, in favour of beliefs that are strongly at variance with the evidence. It is tempting to try to explain these beliefs by reference to ignorance or irrationality, but those who reject the expert view seem often to be no worse informed or any less rational than the majority of those who accept it. It is also tempting to try to explain these beliefs (...) by reference to epistemic overconfidence. However, this kind of overconfidence is apparently ubiquitous, so by itself it cannot explain the difference between those who accept and those who reject expert views. Instead, I will suggest that the difference is in important part explained by differential patterns of epistemic deference, and these patterns, in turn, are explained by the cues that we use to filter testimony. We rely on cues of benevolence and competence to distinguish reliable from unreliable testifiers, but when debates become deeply politicized, asserting a claim may itself constitute signalling lack of reliability. (shrink)

_Hope Deferred_, initially published in 1965 traces the history of girls ’ education from Anglo-Saxon England to modern times, telling the story largely through the leading personalities whose opinions and prejudices shaped this history. It outlines the progress of popular education and the work of the pioneers who fought to bring girls ’ education at every level into line with boys’; and it carries the story into the second half of the twentieth- century to discuss the problem of whether girls (...) are really receiving the right kind of education. (shrink)

Joseph Raz’s service conception of law remains one of the best known theories of political authority. Setting aside ongoing debates about the nature of authority, I locate a problem in the basic justificatory structure of the service conception. I show that the service justification of the state does not yield the conclusion that the law generates exclusionary reasons, which are meant to be the key hallmark of authority. An automatic but defeasible _habit _of obeying the state is likely to lead (...) to better outcomes than exclusionary deference to the state. Given the instrumental justification of the service conception, this means that exclusionary reasons to defer do not obtain. Habituation and automaticity have been developed in other contexts and are here extended to the context of political authority. The possibility of habitual obedience undercuts Raz's theory while suggesting a new approach to the question of political authority. (shrink)

This paper develops a moderate pessimist account of moral deference. I argue that while some pessimist explanations of the puzzle of moral deference have been misguided in matters of detail, they nevertheless share an important insight, namely that there is a justified moral agency ideal grounded in pro tanto reasons against moral deference. This thought is unpacked in terms of a set of values associated with the practice of morality. I conclude by suggesting that the solution to (...) the puzzle of moral deference developed here gives us a plausible recipe for generalizing to certain cases of nonmoral deference as well. (shrink)

The article defends a mild form of pessimism about moral deference, by arguing that deference is incompatible with authentic interaction, that is, acting in a way that communicates our own normative judgment. The point of such interaction is ultimately that it allows us to get to know and engage one another. This vindication of our intuitive resistance to moral deference is upheld, in a certain range of cases, against David Enoch’s recent objection to views that motivate pessimism (...) by appealing to moral autonomy or understanding. Enoch is right to point out that the value of autonomy or understanding cannot provide reason not to defer, if deferring would reduce the risk of treating others wrongly. But in the kind of case where we would want other people to act authentically towards us, even at the cost of a greater risk of wrongdoing, we should do the same towards them. (shrink)

This paper is about the standard Reflection Principle :235–256, 1984) and the Group Reflection Principle :478–502, 2007; Bovens and Rabinowicz in Episteme 8:281–300, 2011; Titelbaum in Quitting certainties: a Bayesian framework modeling degrees of belief, OUP, Oxford, 2012; Hedden in Mind 124:449–491, 2015). I argue that these principles are incomplete as they stand. The key point is that deference is an intensional relation, and so whether you are rationally required to defer to a person at a time can depend (...) on how that person and that time are designated. In this paper I suggest a way of completing the Reflection Principle and Group Reflection Principle, and I argue that so completed these principles are plausible. In particular, they do not fall foul of the Sleeping Beauty case :143–147, 2000), the Cable Guy Paradox :112–119, 2005), Arntzenius’ prisoner cases :356–370, 2003), or the Puzzle of the Hats :281–300, 2011). (shrink)

Comprehenders often need to go beyond conventional word senses to obtain an appropriate interpretation of an expression. We report an experiment examining the processing of standard metonymies (The gentleman read Dickens) and logical metonymies (The gentleman began Dickens), contrasting both to the processing of control expressions with a conventional interpretation (The gentleman met Dickens). Eye movement measures during reading indicated that standard (producer‐for‐product) metonymies were not more costly to interpret than conventional expressions, but logical metonymies were more costly to interpret (...) than both standard metonymies and conventional expressions. These results indicate that constructing alternative senses is sometimes taxing and that not all types of deferred interpretations are processed in the same way. The results suggest that a critical factor in determining the attendant cost of constructing alternative senses is whether compositional operations must generate unexpressed semantic structure to realize an extended sense of an expression. (shrink)

Many have recently argued that there are weighty reasons against making high-stakes decisions solely on the basis of recommendations from artificially intelligent (AI) systems. Even if deference to a given AI system were known to reliably result in the right action being taken, the argument goes, that deference would lack morally important characteristics: the resulting decisions would not, for instance, be based on an appreciation of right-making reasons. Nor would they be performed from moral virtue; nor would they (...) have moral worth. I argue that, even if these characteristics all have intrinsic value, that intrinsic value has no practical relevance to decisions about whether to defer to AI. I make that point by drawing on a lesson from the literature on moral testimony. Once it is granted that deference to a reliable source is the policy most likely to bring about right action, a refusal to defer carries with it a heightened risk of wronging and mistreating people. And that heightened risk of wrongdoing, I argue, cannot be justified by appeal to the intrinsic value of striving for a morally exemplary decision-making process. (shrink)

Principles of expert deference say that you should align your credences with those of an expert. This expert could be your doctor, the objective chances, or your future self, after you've learnt something new. These kinds of principles face difficulties in cases in which you are uncertain of the truth-conditions of the thoughts in which you invest credence, as well as cases in which the thoughts have different truth-conditions for you and the expert. For instance, you shouldn't defer to (...) your doctor by aligning your credence in the de se thought 'I am sick' with the doctor's credence in that same de se thought. Here, I generalise principles of expert deference to handle these kinds of problem cases. (shrink)

Semantic deference allows for the meaning of a word w a speaker uses to be determined by the way other speakers would understand or use w. That semantic deference has some role to play in semantic content attributions is intuitive enough. Nevertheless, the exact conditions under which semantic deference takes place are still open for discussion. A key issue that the article critically examines is Recanati’s requirement that deferential uses be grounded, that is, that deferential uses be (...) linked to non-deferential uses (Recanati 1997; 2000). After distinguishing between semantic and epistemic deference, I submit that the only way to maintain the Groundedness Thesis for truly semantic deference is to allow deference to idealized future linguistic collectives. I conclude that this is too high a price to pay for Groundedness and I suggest that it should be rejected as a semantic thesis. (shrink)

Pessimists about moral testimony hold that there is something suboptimal about forming moral beliefs by deferring to another. This paper motivates an analogous claim about self-knowledge of the reason-responsive attitudes. When it comes to your own mind, it seems important to know things “from the inside”, in the first-personal way, rather than putting your trust in another. After motivating Pessimism, the paper offers an explanation of its truth. First-person knowledge is distinctive because it involves knowing a state of mind and (...) finding it intelligible from one’s point of view. It concludes by considering the value of this form of self-understanding. (shrink)

A deferred prosecution agreement, or DPA, allows a corporation, instead of proceeding to trial on a criminal charge, to settle matters with the state by acknowledging the facts on which any charge would be based, pay a reduced fine, and agree to change the way they conduct business. Critics of DPAs have suggested that, because the defendant corporation must pay a fine and submit to structural reform without having been found guilty at trial, DPAs violate the Presumption of Innocence. This (...) paper argues that they do not. The paper appeals to the role of civic trust in a liberal political community. The obligations a corporation assumes in a DPA can be framed as a reasonable retributive response to a breach by that corporation of the community’s laws, and an appropriate reassurance by that corporation to the community that such breaches will not reoccur. This framing is sufficient to deny that DPAs violate the Presumption of Innocence. (shrink)

Prior studies note that gender- and race-based discrimination routinely inhibit women’s advancement in medical fields. Yet few studies have examined how gendered displays of deference and demeanor are interpreted by college-educated and professional Latinas/os who are making inroads into prestigious and masculinized nontraditional fields such as medicine. In this article, we elucidate how gender shapes perceptions of authority and competence among the same pan-ethnic group, and we use deference and demeanor as an analytical tool to examine these processes. (...) Our analysis underscores three main points of difference: gendered cultural taxation; microaggressions from women nurses and staff and; the questioning of authority and competence to elucidate how gendered racism manifests for Latina/o doctors. Taking demonstrations of gendered deference and demeanors are vital to transforming medical schools and creating more inclusive spaces for all physicians and patients. Conclusions are based on experiences reported in interviews with 48 Latina/o physicians and observation in their places of work in Southern California. (shrink)

In this paper I discuss Hilary Putnam’s view of the conditions that need to be fulfilled for a speaker to successfully defer to a linguistic community for the meaning of a word she uses. In the first part of the paper I defend Putnam’s claim that knowledge of what he calls “stereotypes” is a requirement on linguistic competence. In the second part of the paper I look at two consequences that this thesis has. One of them concerns the choice between (...) two competing formulations of consumerist semantics. The other concerns the notion of deference, and in particular the question whether deference can be non-intentional. Although the standard view is that deference is intentional, it has also been argued (Stojanovic et al. 2005) that most common forms of deference are not. I argue that deference is best understood as intentional, given the possibility of failures of deference. Cases in which the requirement that the speaker know the stereotypes associated with a particular word is not fulfilled are examples of unsuccessful attempts to defer. (shrink)

Much of the literature on practical authority concerns the authority of the state over its subjects—authority to which we are, as G. E. M. Anscombe says, subject “willy nilly”. Yet many of our “willy” (or voluntary) relationships also seem to involve the exercise of practical authority, and this species of authority is in some ways even more puzzling than authority willy nilly. In this paper I argue that voluntary authority relies on a form of voluntary obligation that is akin (in (...) some respects) to the kind of obligation one undertakes in making a promise. Voluntary authority depends, that is, on the possibility of taking on certain obligations more or less at will. It is generated through an interpersonal transaction that involves a directed act of deference, on one side, paired with appropriate uptake of that deference, on the other. Deference, in the relevant sense, should be understood as a normative power that is exercised when agents transfer deliberative discretion to others, undertaking directed obligations to treat others’ directives as content-independent and peremptory reasons. Voluntary authority, thus understood, is both grounded in and constrained by the equal moral authority or autonomy of the participants, since only autonomous agents have the standing to defer in a normatively significant way. (shrink)

Consider someone whom you know to be an expert about some issue. She knows at least as much as you do and reasons impeccably. The issue is a straightforward case of statistical inference that raises no deep problems of epistemology. You happen to know the expert’s opinion on this issue. Should you defer to her by adopting her opinion as your own? An affirmative answer may appear mandatory. But this paper argues that a crucial factor in answering this question is (...) the description under which you identify the expert. Experts may be identified under various descriptions (e.g., “the expert appearing on Channel 7 at 5 pm”). Section 2 provides cases that illustrate how deference to a known expert may be appropriate under some descriptions, but not others. Section 3 proposes that, in these cases, the differentiating factor is self-identification: deference to an expert under a given description is appropriate when the expert self-identifies under that description. Section 4 presents a formal framework that demonstrates the sufficiency of self-identification for appropriate deference within a significant class of cases. Section 5 notes a way in which this phenomenon allows for a form of “agreeing to disagree” in Robert Aumann’s sense. Section 6 illustrates the practical application of these results to the case of testimonials. (shrink)

Many ameliorative projects aim at moral goods such as social equality. For example, the amelioration of the concept MARRIAGE forms part of efforts to achieve equal rights for the LGBT+ community. What does implementation of such an ameliorated concept consist in? In this paper, I argue that, for some ameliorated concepts, successful implementation requires that individuals eschew semantic deference, at least with respect to relevant dimensions of the concept. My argument appeals to consideration of the aims of conceptual engineers (...) engaged in this type of ameliorative project: they seek conceptual change in order to contribute to the dismantling of oppressive social structures, institutions, and systems of belief. I argue that, for such aims to be achieved, it must be the case that individuals who come to endorse the concept do so for the right reasons---because they have gained an understanding of why the ameliorated concept is morally preferable to its ancestor. Once they have acquired such reasons, however, they are no longer correctly described as semantically deferential; they will treat moral reasons to employ the concept as overriding of semantic considerations. (shrink)

Every known religious or explicitly irreligious outlook is contested by large contingents of informed and reasonable people. Many philosophers have argued that reflection on this fact should lead us to abandon confident religious or irreligious belief and to embrace religious skepticism. John Pittard critically assesses the case for such disagreement-motivated religious skepticism. While the book focuses on religious disagreement, it makes a number of significant contributions to the more general discussion of the rational significance of disagreement as well.

Makin argues that doctors1 should defer to each patient’s attitude to risk, over and above standard, utility-based and outcome-focussed medical decision-making models, in selecting treatment options for that patient.1 Although Makin articulates the problem as a dilemma of whether ‘to give the treatment or to withhold it’, it can be assumed that his question is whether the doctor should offer a certain treatment; because both the General Medical Council and law require doctors to engage patients in shared decision-making (SDM) and (...) to obtain consent before ‘giving’ any treatment. Yet, Makin is correct in asserting that doctors ‘make choices on behalf of their patients on a daily basis’ insofar that doctors do have to make certain a priori decisions. SDM requires a starting point—a range of clinically appropriate or reasonable options—on which patients and doctors can collaboratively deliberate in order to reach a treatment decision; and the doctor has to set out this starting point.2 Thus, Makin’s reductive claim is that doctors should take each patient’s risk attitude into account in setting out the starting points for SDM. In this commentary, I will explore UK case law in response to Makin’s proposal; because, ultimately, doctors have to work within the legal framework. Makin relies on the bioethical principles of respect …. (shrink)

In this paper we argue that moral deference is prima facie obligatory in cases in which the testifier is a member of a marginalized social group that the receiver is not and testifies about their marginalized experience. We distinguish between two types of deference: epistemic deference, which refers to believing p in virtue of trusting the testifier, and actional deference, which involves acting appropriately in response to the testimony given. The prima facie duty we propose applies (...) to both epistemic and actional deference, though defeaters may quash either or both obligations. Even if one fails to epistemically defer to the marginalized testifier, we argue that they may still be ethically obligated to act in accordance with their testimony. (shrink)

In my feature article in this issue, ‘Doctors, patients and risk attitudes’, I argue that considerations of both autonomy and beneficence support the practice of healthcare professionals deferring to their patients’ reflectively endorsed risk attitudes when making decisions under uncertainty.1 The commentaries written in response to this article present many interesting criticisms, limitations and applications of the view, and I am grateful to all of the commentators for their engagement with this topic. I cannot possibly do justice to all of (...) the points they have raised in this brief response, so I will address two common themes that appear in a number of the commentaries: first, whether the view I have proposed goes too far or not far enough in deferring to individual patients; and second, the epistemic challenge that would be faced when trying to put this approach into practice. Theoretical accounts of the link between preferences and either well-being or autonomy face a familiar tension: if well-being or autonomy are tied too closely to individuals’ actual preferences, one must contend with examples of preferences that seem obviously bad for a person or disconnected from their status as …. (shrink)

I defend a Deferred Ostension view of quotation, on which quotation-marks are the linguistic bearers of reference, functioning like a demonstrative; the quoted material merely plays the role of a demonstratum. On this view, the quoted material works like Nunberg’s indexes in his account of deferred ostensión in general. The referent is obtained through some contextually suggested relation; in the default case the relation will be … instantiates the linguistic type __, but there are other possibilities. In this way, the (...) deferred ostension view deals with a problem I pointed out for the identity proposal in my earlier work, that we do not merely refer with quotations to expression-types, but also to other entities related in some way to the relevant token we use: features exhibited by the token distinct from those constituting its linguistic type, features exhibited by other tokens of the same type but not by the one actually used (as when, by using a graphic token, we refer to its phonetic type), or even other related tokens (see the examples on p. 261 of García-Carpintero 1994). (shrink)

Especially but not exclusively in the United States, there is a significant gulf between expert opinion and public opinion on a range of important political, social, and scientific issues. Large numbers of lay people hold views contrary to the expert consensus on topics such as climate change, vaccines, and economics. Much political commentary assumes that ordinary people should defer to experts more than they do, and this view is certainly lent force by the literally deadly effects of many denials of (...) established science. But there are complex philosophical issues here, concerning, among other things, (i) what an expert is; (ii) what kind of deference is called for; (iii) and when deference is called for. This entry gives an overview of these three issues and recent work on them. It then examines some potential collective and pragmatic disadvantages of deference, before concluding with reflections on what we can say to those who distrust experts. (shrink)

Chance both guides our credences and is an objective feature of the world. How and why we should conform our credences to chance depends on the underlying metaphysical account of what chance is. I use considerations of accuracy (how close your credences come to truth-values) to propose a new way of deferring to chance. The principle I endorse, called the Trust Principle, requires chance to be a good guide to the world, permits modest chances, tells us how to listen to (...) chance even when the chances are modest, and entails but is not entailed by the New Principle. As I show, a rational agent will obey this principle if and only if she expects chance to be at least as accurate as she is on every good way of measuring accuracy. Much of the discussion, and the technical results, extend beyond chance to deference to any kind of expert. Indeed, you will trust someone about a particular question just in case you expect that person to be more accurate than you are about that question. (shrink)

This paper addresses two problems concerning the deferred ostension of extinct and fictive kinds. First, the sampled item, the fossil or the depiction, is not a sample of the referent. Nonetheless, the retained characteristic shape, understood via analogy with living creatures, enables the reference to be fixed. Second, though both extinct and fictive kinds are targets of deferred ostension, there is an important difference in the sample. Fossilization is a natural causal process that makes fossils to be reflections of their (...) originals. As reflections, fossils embed their referents in the primary existential world of perceived things. Images of artificial kinds, by contrast, leave their referents in the secondary existential world of mere appearance. In this way, the paper widens the scope of the Kripke-Putnam account of ostension for naming kinds by drawing on Quine’s concept of deferred ostension for absent referents. (shrink)

This review article discusses the relationship between deference and the presumption of constitutionality, as discussed in Brian Foley’s book, Deference and the Presumption of Constitutionality. Foley argues for the rejection of the presumption of constitutionality as it operates in the Irish Constitution, proposing instead a ‘due deference’ approach. This approach would require courts to give varying degrees of weight to the legislature’s conclusions that particular legislative provisions are constitutional. The article praises Foley’s book, particularly its stronger justification (...) of due deference which focuses on its ability to foster a culture of justification which, in turn, facilitates popular sovereignty. The review also provides a criticism of the argument made in the book and discusses its application to the UK constitution. First, the review argues that the focus on constitutional as opposed to institutional factors to determine deference may, in practice, undermine Foley’s justification of due deference. Second it argues that Foley’s justification of deference may be best served in the UK constitution by a theory of democratic dialogue as opposed to the application of due deference. (shrink)

Four experiments investigate the folk concept of “understanding,” in particular when and why it is deployed differently from the concept of knowledge. We argue for the positions that people have higher demands with respect to explanatory depth when it comes to attributing understanding, and that this is true, in part, because understanding attributions play a functional role in identifying experts who should be heeded with respect to the general field in question. These claims are supported by our findings that people (...) differentially withhold attributions of understanding when the object of attribution has minimal explanatory information. We also show that this tendency significantly correlates with people’s willingness to defer to others as potential experts. This work bears on a pressing issue in epistemology concerning the place and value of understanding. Our results also provide reason against positing a simple equation of knowledge and understanding. We contend that, because deference plays a crucial role in many aspects of everyday reasoning, the fact that we use understanding attributions to demarcate experts reveals a potential mechanism for achieving our epistemic aims in many domains. (shrink)

Everyone agrees, I think, that there is something fishy about moral deference and expertise, but that's where consensus ends. This paper has two aims – the first is to mount a defense of moral deference, and the second is to offer a (non-debunking) diagnosis of its fishiness. I defend moral deference by connecting the discussion of moral deference to the recent discussion of the appropriate response to uncertainty. It is, I argue, morally obligatory to minimize the (...) risk of one's wrongdoing (at least when all other things are held equal), and this moral requirement entails that deferring to a moral expert is sometimes not just morally permissible but also admirable, and indeed morally required. If moral deference is often justified, why is it fishy? I offer an explanation in terms of the emotions moral judgments are often related to, and their nature (roughly speaking) as directed at the good or bad, right or wrong, de re rather than de dicto. The combination of this vindication of moral deference and diagnosis of its fishiness nicely accommodates, I argue, some related phenomena, like the (neglected) fact that our uneasiness with moral deference is actually a particular instance of uneasiness with opaque evidence in general when it comes to morality, and the (familiar) fact that the scope of this uneasiness is wider than the moral as it includes other normative domains. (shrink)

This paper will consider the extent to which patients' dependence on clinical expertise when making medical decisions threatens patient autonomy. I start by discussing whether or not dependence on experts isprima facietroubling for autonomy and suggest that it is not. I then go on to consider doctors' and other healthcare professionals' status as ‘medical experts’ of the relevant sort and highlight a number of ways in which their expertise is likely to be deficient. I then consider how this revised picture (...) of medical expertise should lead us to view the potential threat to patient autonomy that results from depending on such ‘experts’. I argue that, whether or not patients are aware of the limitations of medical expertise, in practice it is difficult to do other than defer to medical advice, and this presents a threat to patient autonomy that should be addressed. I conclude by suggesting some ways in which this threat to autonomy might be mitigated. (shrink)

Recent work on distributed cognition and self-narrative has emphasised how autobiographical memories and their narration are, rather than being stored and created by an individual, distributed across embodied organisms and their environment. This paper postulates a stronger form of distributed narration than has been accommodated in the literature so far, which I call narrative deference. This describes the phenomena whereby a person is significantly dependent upon another person for the narration of some significant aspect of their own autobiographical self-narrative. (...) I suggest that a person is more likely to narratively defer where they suffer a mnemonic impairment regarding some significant adverse life experience like trauma, illness or injury. Following a recent turn in the literature towards investigating the harmful aspects of distributed cognition as well as its many advantageous features, this paper explores how the benefits of autobiographical self-narrative deference within close personal relationships are complexly related to its harms. (shrink)

It is plausible to think that members of a linguistic community typically mean the same by their words. Yet “ignorance and error” arguments proposed by the revolution in the theory of reference seem to show that people can share a meaning and yet differ greatly in usage. Horwich responds to this problem for UTM by appealing to deference. I give five reasons for doubting that his brief remarks about deference can be developed into a satisfactory theory. But this (...) appeal has an even deeper problem: the appeal is inconsistent with UTM. These problems are not minor ones of details: they strike at the very core of UTM. (shrink)