Throughout the biological and biomedical sciences there is a growing need for, prescriptive ‘minimum information’ (MI) checklists specifying the key information to include when reporting experimental results are beginning to find favor with experimentalists, analysts, publishers and funders alike. Such checklists aim to ensure that methods, data, analyses and results are described to a level sufficient to support the unambiguous interpretation, sophisticated search, reanalysis and experimental corroboration and reuse of data sets, facilitating the extraction of maximum value from data sets (...) them. However, such ‘minimum information’ MI checklists are usually developed independently by groups working within representatives of particular biologically- or technologically-delineated domains. Consequently, an overview of the full range of checklists can be difficult to establish without intensive searching, and even tracking thetheir individual evolution of single checklists may be a non-trivial exercise. Checklists are also inevitably partially redundant when measured one against another, and where they overlap is far from straightforward. Furthermore, conflicts in scope and arbitrary decisions on wording and sub-structuring make integration difficult. This presents inhibit their use in combination. Overall, these issues present significant difficulties for the users of checklists, especially those in areas such as systems biology, who routinely combine information from multiple biological domains and technology platforms. To address all of the above, we present MIBBI (Minimum Information for Biological and Biomedical Investigations); a web-based communal resource for such checklists, designed to act as a ‘one-stop shop’ for those exploring the range of extant checklist projects, and to foster collaborative, integrative development and ultimately promote gradual integration of checklists. (shrink)

For a variety of reasons, Hegel's theory of the estates remains an unexpected and unappreciated feature of his practical philosophy. In fact, it is the key element of his social philosophy, which grounds his more properly political philosophy. Most fundamentally, it plays this role because the estates provide the forms of visibility required by Hegel's distinctive theory of self-determination, and so the estates constitute conditions for the possibility of human agency as such. With respect to political agency in particular, this (...) ramifies into the view that the estates are social preconditions for legal and political practices, forms of political participation in their own right, and conditions of possibility of moderate government (three functions also attributed to the estates by Montesquieu). (shrink)

BackgroundAs hospitals have grown more complex, the ethical concerns they confront have grown correspondingly complicated. Many hospitals have consequently developed health care ethics programs (HCEPs) that include far more than ethics consultation services alone. Yet systematic research on these programs is lacking.MethodsBased on a national, cross-sectional survey of a stratified sample of 600 US hospitals, we report on the prevalence, scope, activities, staffing, workload, financial compensation, and greatest challenges facing HCEPs.ResultsAmong 372 hospitals whose informants responded to an online survey, 97% (...) of hospitals have HCEPs. Their scope includes clinical ethics functions in virtually all hospitals, but includes other functions in far fewer hospitals: ethical leadership (35.7%), regulatory compliance (29.0%), business ethics (26.2%), and research ethics (12.6%). HCEPs are responsible for providing ongoing ethics education to various target audiences including all staff (77.0%), nurses (59.9%), staff physicians (49.0%), hospital leadership (44.2%), medical residents (20.3%) and the community/general public (18.4%). HCEPs staff are most commonly involved in policy work through review of existing policies but are less often involved in development of new policies. HCEPs have an ethics representative in executive leadership in 80.5% of hospitals, have representation on other hospital committees in 40.7%, are actively engaged in community outreach in 22.6%, and lead large-scale ethics quality improvement initiatives in 17.7%. In general, major teaching hospitals and urban hospitals have the most highly integrated ethics programs with the broadest scope and greatest number of activities. Larger hospitals, academically affiliated hospitals, and urban hospitals have significantly more individuals performing HCEP work and significantly more individuals receiving financial compensation specifically for that work. Overall, the most common greatest challenge facing HCEPs is resource shortages, whereas underutilization is the most common greatest challenge for hospitals with fewer than 100 beds. Respondents’ strategies for managing challenges include staff training and additional funds.ConclusionsWhile this study must be cautiously interpreted due to its limitations, the findings may be useful for understanding the characteristics of HCEPs in US hospitals and the factors associated with these characteristics. This information may contribute to exploring ways to strengthen HCEPs. (shrink)

ABSTRACTI argue that the apparently exclusive choice between Suits’ utopia of gameplay and death by suicide is a false dilemma, one which obscures a ‘third way’ of positive boredom. Further, I offe...

In recent years, there has been a philosophical cottage industry producing arguments that our concept of causation is not univocal: that there are in fact two concepts of causation, corresponding to distinct species of causal relation. Papers written in this tradition have borne titles like “Two Concepts of Cause” and “Two Concepts of Causation”. With due apologies to Charles Dickens, I hereby make my own contribution to this genre.

I will argue, pace a great many of my contemporaries, that there's something right about Boltzmann's attempt to ground the second law of thermodynamics in a suitably amended deterministic time-reversal invariant classical dynamics, and that in order to appreciate what's right about (what was at least at one time) Boltzmann's explanatory project, one has to fully apprehend the nature of microphysical causal structure, time-reversal invariance, and the relationship between Boltzmann entropy and the work of Rudolf Clausius.

_Unequivocal Justice_ challenges the prevailing view within political philosophy that broadly free market regimes are inconsistent with the basic principles of liberal egalitarian justice. Freiman argues that the liberal egalitarian rejection of free market regimes rests on a crucial methodological mistake. Liberal egalitarians regularly assume an ideal "public interest" model of political behavior and a nonideal "private interest" model of behavior in the market and civil society. Freiman argues that this asymmetrical application of behavioral assumptions biases the analysis and undercuts (...) ideal theoretical treatments of every major liberal egalitarian principle, including political liberty, economic sufficiency, fair opportunity, and social equality. This book reexamines the institutional implications of each of these principles in nonideal conditions, making novel philosophical use of political psychology and public choice economics along the way. (shrink)

A decision was made at the UNFCCC, COP-18 meeting in Doha in 2012 to create a work programme on loss and damage. Part of this programme was to include the production of a technical paper to enhance the general understanding of non-economic losses from climate change. The following article looks carefully at that paper in order to discover whether it provides an adequate conceptual understanding of non-economic losses. Several shortcomings of the paper’s conceptualization of these losses are identified. An alternative (...) ethical framework with methods better suited for capturing a fuller range of non-economic losses is considered. This framework is likely to be most useful if used prospectively for the purpose of devising better adaptation policies to head off potential future losses rather than if used retrospectively for quantifying losses that have already occurred for the purposes of providing compensation. (shrink)

Organisms receded from view in much of twentieth-century biology, only to undergo a sort of renaissance at the start of the twenty-first. The story of why this should be so is complicated and fascinating, but belongs primarily to the history of biology. On the other hand, to the extent that it is so, a question naturally arises: what, after all, are organisms? This question has a long and complicated history of its own, both within and without of biology; an investigation (...) of this history yields some guidance as to how organisms might yet be conceived today. One suggestion borne of these investigations is this: organisms are, for better or worse, normatively delineated unities. (shrink)

From a corporate governance perspective, one of the most important jobs of a firm's top management team is to create and maintain a positive moral environment. Business ethics has long been considered a cornerstone in the field of strategic management and a number of scholars have called for more research in this area over the years. In this paper 658 articles that appeared in "Strategic Management Journal" over the 10-year period between 1996 and 2005 are reviewed for business ethics focus (...) and content. The results reveal that while business ethics research in "Strategic Management Journal" is on the rise, the overall focus on this research stream has been limited. The most prominent ethics theme during the review period was environmentalism, accounting for 30% of all ethics articles. Author affiliations, future research directions, and implications are also discussed. (shrink)

The debate over whether Frankfurt-style cases are counterexamples to the principle of alternative possibilities has taken an interesting turn in recent years. Frankfurt originally envisaged his attack as an attempting to show that PAP is false—that the ability to do otherwise is not necessary for moral responsibility. To many this attack has failed. But Frankfurtians have not conceded defeat. Neo-Frankfurtians, as I will call them, argue that the upshot of Frankfurt-style cases is not that PAP is false, but that it (...) is explanatorily irrelevant. Derk Pereboom and David Hunt’s buffer cases are tailor made to establish this conclusion. In this paper I come to the aid of PAP, showing that buffer cases provide no reason for doubting either its truth or relevance with respect to explaining an agent’s moral responsibility. (shrink)

This article examines caller responses to advice on three peer-run social support telephone lines for community mental health clients in the northeastern United States. Straightforward rejection of advice involves reports on past or current activities, known only to the caller, as a way of demonstrating one's competence in thinking up similar options. Straightforward acceptance of advice involves a report on activities the caller might do to adopt the advisable option. The most common responses, minimal acknowledgements, can potentially signify rejection, mere (...) recipiency, and/or acceptance of the advice. Contrary to previous studies, minimal acknowledgements can display hesitant acceptance when subsequently accompanied by descriptions of additional details about a present or future action tied to the advisable option. These methods for accepting and rejecting advice help callers balance their needs for assistance, friendship and autonomy. (shrink)

The global turn in media ethics has presented a tough challenge for traditional models of moral theory: How do we assert common moral standards while also showing respect for the values of those from outside the Western tradition? The danger lies in advocating for either extreme: reason-dependent absolutism or cultural relativism. In this paper, I reject Cliff Christian’s attempts to solve the problem and propose instead a moral theory of universal standards that are discovered via a mix of rationally grounded (...) methods. Such universality refutes relativism but, because it is grounded in evolutionary naturalism and life-world philosophy—as opposed to a Kantian or theological transcendentalism—it also avoids absolutism. (shrink)

Rather than approaching the question of the constructive or therapeutic character of Hegel’s Logic through a global consideration of its argument and its relation to the rest of Hegel’s system, I want to come at the question by considering a specific thread that runs through the argument of the Logic, namely the question of the proper understanding of power or control. What I want to try to show is that there is a close connection between therapeutic and constructive elements in (...) Hegel’s treatment of power. To do so I will make use of two deep criticisms of Hegel’s treatment from Michael Theunissen. First comes Theunissen’s claim that in Hegel’s logical scheme, reality is necessarily dominated by the concept rather than truly reciprocally related to it. Then I will consider Theunissen’s structurally analogous claim that for Hegel, the power of the concept is the management of the suppression of the other. Both of these claims are essentially claims about the way in which elements of the logic of reflection are modified and yet continue to play a role in the logic of the concept. (shrink)

Joseph Raz’s account of norms provides that a norm requiring an agent to φ is a reason to φ protected by an exclusionary reason not to act on some other reasons. I present a dilemma concerning the determination of the contents of this set of excluded reasons. The question is whether or not the set includes reasons that count in favour of φing. If the answer is yes, the account is committed to a picture of norms that seems inconsistent with (...) the phenomenology, in that it rules out acting on the very reasons on which the norm is based. If the answer is no, the account licenses a problematic form of double counting of reasons. I conclude that Raz’s protected reasons account of norms must be rejected, and tentatively suggest a solution to the problem posed by the dilemma. (shrink)

This article presents an overview of the basic philosophical motivations for, and some recent work in, modal set theory.

This essay aims to identify several related themes that regularly appear in posthumanist scholarship but which have not been theorized sufficiently, including the rhetoric of temporal and historical rupture, the logic of dialectical reversal, the effacement of human/animal difference, and above all the critical ascendancy of the term “posthumanism” itself. If one of the aims of posthumanism is to render the face of the human unknowable to itself, then to what extent does the human that re-names itself “posthuman” do so (...) in order to lay claim once again to a dubious self-knowledge? The rhetoric of posthumanism, moreover, implies a progressive narrative that ironically mirrors the Enlightenment principles of perfectibility that it would oppose. Drawing from Derrida’s notion of the “democracy to come,” I argue that the advent of the posthuman must always remain deferred. Just as the promise of democracy remains unfulfilled, the posthuman must infinitely postdate its arrival in any present. (shrink)

David Hume's relatively short essay 'Of the Standard of Taste' deals with some of the most difficult issues in aesthetic theory. Apart from giving a few pregnant remarks, near the end of his discussion, on the role of morality in aesthetic evaluation, Hume tries to reconcile the idea that tastes are subjective (in the sense of not being answerable to the facts) with the idea that some objects of taste are better than others. 'Tastes', in this context, are the pleasures (...) or displeasures that a person can take in the beauties of poems, paintings, and other artistic compositions (though Hume also wants to stress the continuities between tastes, so understood, and the bodily sense of taste). The position at which Hume arrives in the essay (despite some dialectical unclarity) is that some people – the 'true judges'– determine by their 'joint verdict' which works are meritorious. This solution continues to exercise a fascination, as does Hume's complicated route to it. Author Recommends: Paul Guyer, 'The Standard of Taste and the "Most Ardent Desire of Society" ', Values of Beauty (Cambridge: Cambridge University Press, 2005), 37–76. This paper places 'Of the Standard of Taste' in an especially rich context, and asks why Hume concentrates on true judges instead of the improvement of one's own taste. Mary Mothersill, 'Hume: "Of the Standard of Taste" ', Beauty Restored (Oxford: Clarendon Press, 1984), 177–208. This chapter, embedded in an exposition of Mothersill's 'First Thesis' (the denial that there are principles of taste) and 'Second Thesis' (the affirmation that some judgments of taste are genuine judgments), gives a detailed running commentary on Hume's essay. A shorter self-contained version of the chapter appeared as 'Hume and the Paradox of Taste' in Aesthetics: A Critical Anthology , 2nd ed., eds. George Dickie, Richard Sclafani, and Ronald Roblin (New York, NY: St. Martin's Press, 1989, 269–86). Jerrold Levinson, 'Hume's Standard of Taste: The Real Problem', Journal of Aesthetics and Art Criticism (2002): 227–38. An importance recent article, Levinson's piece argues that the 'real' difficulty with Hume's essay has gone unnoticed: why should I care about what Hume's true judges think? Christopher Williams, 'Some Questions in Hume's Aesthetics', Philosophy Compass 2/2 (2007). This article provides a brief overview of the topics discussed under weeks 3–5 in the sample syllabus below. It is intended to provide a roadmap for the particular set of readings listed there. David Wiggins, 'A Sensible Subjectivism?', Needs, Values, and Truth , 3rd ed. (Oxford: Clarendon Press, 1998), 185–214. This is a stimulating paper in moral philosophy that treats Hume's essay on taste as a model for a serious subjectivism. Wiggins then presents his own brand of subjectivism as an alternative to Hume's. Online Materials: Hume's Aesthetics (Ted Gracyk): http://plato.stanford.edu/entries/hume-aesthetics/ Sample Syllabus: Recommended background reading on Hume's historical context: Peter Kivy, The Seventh Sense: Francis Hutcheson and Eighteenth-Century British Aesthetics , 2nd ed. (Oxford: Oxford University Press, 2003), especially Part III. Recommended background reading on the general topic of taste: David A. Whewell, 'Taste', Blackwell Companion to Aesthetics (Oxford: Blackwell, 1992), 415–18. Dabney Townsend and Carolyn Korsmeyer, 'Taste', Encyclopedia of Aesthetics , ed. Michael Kelly (New York, NY and Oxford: Oxford University Press, 1998), 4:355–62. Ted Cohen, 'The Philosophy of Taste: Thoughts on the Idea', Blackwell Guide to Aesthetics , ed. Peter Kivy (Oxford: Blackwell, 2004), 167–73. Week 1: Hume on beauty, art, and aesthetic judgment in the Treatise of Human Nature and the Enquiry Concerning the Principles of Morals The following references are usable for any complete edition of the Treatise or Enquiry Treatise , 2.1.8 ('Of Beauty and Deformity') Treatise , 2.2.5 ('Of Our Esteem for the Rich and Powerful') Treatise , 2.2.8 ('Of Malice and Envy'), final three paragraphs Treatise , 2.2.11 ('Of the Amorous Passion, or Love Betwixt the Sexes') Treatise , 3.1.2 ('Moral Distinctions Deriv'd from a Moral Sense') Treatise , 3.3.1 ('Of the Origin of the Natural Virtues') Treatise , 3.3.5 ('Some Farther Reflexions Concerning the Natural Virtues') Enquiry , Appendix 1 ('Of moral sentiment') Week 2: Hume's essays Essays Moral, Political, and Literary , ed. Eugene Miller (Indianapolis, IN: LibertyClassics, 1985) is the most commonly used edition today. 'Of the Delicacy of Taste and Passion' 'Of Eloquence' 'Of the Rise and Progress of the Arts and Sciences' 'Of Simplicity and Refinement in Writing' 'Of Tragedy' 'Of the Standard of Taste' Week 3: Circularity–Virtuous or Vicious? Peter Kivy, 'Hume's Standard of Taste: Breaking the Circle', British Journal of Aesthetics (1967): 57–66. David Wiggins, 'A Sensible Subjectivism?', Needs, Values, and Truth , 3rd ed. (Oxford: Clarendon Press, 1998), 185–214. Week 4: Rules of Art Mary Mothersill, 'Hume: "Of the Standard of Taste" ', Beauty Restored (Oxford: Clarendon, 1984), 177–208. James Shelley, 'Hume's Double Standard of Taste', Journal of Aesthetics and Art Criticism (1994): 437–45. Nick Zangwill, 'Hume, Taste, and Teleology', The Metaphysics of Beauty (Ithaca, NY: Cornell University Press, 2001), 149–65. Week 5: The True Judge Malcolm Budd, 'Hume and Kant', 'Hume's Standard of Taste', 'Hume and Human Nature', Values of Art (London: Allen Lane, 1995), 16–24 . Paul Guyer, 'The Standard of Taste and the "Most Ardent Desire of Society" ', Values of Beauty (Cambridge: Cambridge University Press, 2005), 37–76. Jerrold Levinson, 'Hume's Standard of Taste: The Real Problem', Journal of Aesthetics and Art Criticism (2002): 227–38. Week 6: Moralism in Aesthetic Judgment: Hume and Beyond Kendall Walton, 'Morals in Fiction and Fictional Morality', Proceedings of the Aristotelian Society (1994): 27–50. Richard Moran, 'The Expression of Feeling in Imagination', Philosophical Review (1994): 75–106. Tamar Szabo-Gendler, 'The Puzzle of Imaginative Resistance', Journal of Philosophy (2000): 55–81. Focus Questions 1. How does Hume distinguish between matters of 'fact' and 'sentiment'? 2. What is a 'rule of art', and are there any rules? 3. Can a bad critic be 'silenced'? 4. What are the characteristics of good critics? 5. Should we expect good critics to agree on the merits of a work, and should I care about becoming a good critic myself? 6. Is it possible to distinguish variations in taste for which we should expect a standard and variations for which it is 'vain' to have such an expectation? 7. How is the excellence of a work related to the exercise of taste? 8. If a work of literature has a moral outlook that differs from our own, should we consider the work defective on literary grounds? (shrink)

Through essays by some of hip-hop's most interesting thinkers, theorists, journalists, writers, emcees, and DJs, Boogie Down Predictions embarks on a quest to understand the connections between time, representation, and identity within hip-hop culture and what that means for the culture at large.

First Published in 2013. Routledge is an imprint of Taylor & Francis, an informa company.

This paper has three parts; in the first, I look at the question, recently dis­cussed by Mark Murphy, of the role that God plays as an explainer of moral­ity. I argue for a form of explanation that is different from Murphy’s, though I wonder whether there is disagreement here, or simply difference of empha­sis. In the second part, I ask what difference Christianity—and specifically the idea that the Kingdom of heaven is our natural ultimate end—makes to us, as practical and (...) moral agents. I will argue that it makes both a moti­vational and a substantive difference. In the third part I will ask about the way normativity is related to God’s communication of normative matters to us, and I will do this specifically by asking what kinds of speech acts God engages in in communicating normative matters to us. The standard view is that God communicates to us in commands; however, I will suggest some other possibilities. (shrink)

: A distinctive nonconsequentialist argument for criminalisation and punishment claims that the citizens of a state that did not criminalise serious mala in se perpetrated in its jurisdiction would be complicit in their commission. However, one objection to such an argument is that such citizens cannot be complicit because they play no causal role in the commission of the offence. Against this objection, I argue that causal contribution is unnecessary, and that one way in which a secondary agent can become (...) complicit in a principal’s wrongdoing is if they allow that wrongdoing to be carried out in a domain over which they have authority, and with their permission. As a result of giving permission, the agent shares in the principal’s blameworthiness. (shrink)

A work of remarkable cross-disciplinary scholarship, this volume illuminates the origins of the human sciences and offers a new view of the Enlightenment that ...

If one were to write a book titled TheVarieties of Self-Consciousness, one would start off with some distinctions. It will help to locate my topic in relation to those distinctions.The first distinction concerns that kind of self-consciousness which involves only the minimal ability on the part of a subject to self-represent, to be in mental states with first person content, be it conceptual or nonconceptual. This minimal ability involves very little as compared with the more sophisticated states of which humans (...) are capable. First person content can be present in the perceptual states of a creature capable of representing only some of its physical states and its relations to the physical environment, and not capable of representing anything beyond that. So the first distinction is between this minimal case, and richer varieties of self-consciousness. Some writers use ‘self-conscious’ to apply to a subject who is in any mental state involving first person content, and so they would appl. (shrink)

Comparatives are among the most extensively investigated constructions in generative grammar, yet comparatives involving attributive adjectives have received a relatively small amount of attention. This paper investigates a complex array of facts in this domain that shows that attributive comparatives, unlike other comparatives, are well-formed only if some type of ellipsis operation applies within the comparative clause. Incorporating data from English, Polish, Czech, Greek, and Bulgarian, we argue that these facts support two important conclusions. First, violations of Ross’s Left Branch (...) Condition that involve attributive modifiers should not be accounted for in terms of constraints on LF representations (such as the Empty Category Principle), but rather in terms of the principle of Full Interpretation at the PF interface. Second, ellipsis must be analyzed as deletion of syntactic material from the phonological representation. In addition, we present new evidence from pseudogapping constructions that favors an articulated syntax of attributive modification in which certain types of attributive modifiers may occur outside DP. (shrink)

Within this paper I draw on short vignettes and quotes taken from a two-year ethnographic study of boxing to think through the continuing academic merit of the notion of the male preserve. This is an important task due to evidence of shifts in social patterns of gender that have developed since the idea was first proposed in the 1970s. In aligning theoretical contributions from Lefebvre and Butler to discussions of the male preserve, we are able to add nuance to our (...) understanding of how such social spaces are engrained with and produced by the lingering grasp of patriarchal narratives. In particular, by situating the male preserve within shifting social processes, whereby certain men’s power is increasingly undermined, I highlight the production of space within which narratives connecting men to violence, aggression, and physical power can be consumed, performed, and reified in a relatively unrestricted form. This specific case study contributes to gender theory as an illustration of a way in which we might explore and understand social enclaves where certain people are able to lay claim to space and power. As such, I argue that the notion of the male preserve is still a useful conceptual, theoretical, and political device, especially when considered as produced by the tyranny of gender power through the dramatic representation and reification of behaviors symbolically linked to patriarchal narrations of manhood. (shrink)

Arthur Schopenhauer's The Two Fundamental Problems of Ethics consists of two groundbreaking essays: 'On the Freedom of the Will' and 'On the Basis of Morals'. The essays make original contributions to ethics and display Schopenhauer's erudition, prose-style and flair for philosophical controversy, as well as philosophical views that contrast sharply with the positions of both Kant and Nietzsche. Written accessibly, they do not presuppose the intricate metaphysics which Schopenhauer constructs elsewhere. This is the first English translation of these works to (...) re-unite both essays in one volume. It offers a new translation by Christopher Janaway, together with an introduction, editorial notes on Schopenhauer's vocabulary and the different editions of his essays, a chronology of his life, a bibliography, and a glossary of names. (shrink)

The third volume in the Major Conservative and Libertarian Thinkers.

Oakeshott's tradition-centric account of rational-ity in Rationalism in Politics is usually considered in its capac-ity as a major part of his political philosophy, forming as it does so the constructive part of his critique of 'rationalism'. The present article, in contrast, considers it as a methodologi-cal notion, since it forms too the core of a theory of rational explanation that is at the same time a theory of social expla-nation. In this, Oakeshott argues that the sociologist or politi-cal scientist explains (...) human behaviour by identifying the reasons for her subjects doing what they did, with the right kind of reasons being those that concern not any expressed motivations on the original agents' part, but how they could only have acted relative to a certain 'tradition'. Seeking to both expound and analyse Oakeshott's theory, this article high-lights how it involves a not uncontroversial 'externalist' con-ception of practical reason that, nonetheless, is open to sympathetic reconstruction. Even so, the imperialistic preten-sions of Oakeshott's argument--and in particular, his claim that his tradition-centric conception of rational explanation is fundamentally superior to its more orthodox 'instrumentalist' rival--is found questionable, the sheer variety of his own examples misleading him about his theory's real scope. (shrink)

Perhaps we should change our focus from constitutionalized practices of democracy to democratized practices of constitutionalism. Dworkin and Perry both seek to respond to democratic objections to judicial review by relying on a theory of the legitimacy constraints of democracy itself. According to this view, on some matters, legitimate democracy requires getting the right moral answers. Thus democratic processes must be constitutionalized to ensure such right outcomes on fundamental moral matters. To the extent that judges are better positioned to engage (...) in principled moral reasoning, the arguments continue, we ought to entrust them with ensuring the constitutionalized legitimacy conditions of democracy. I argued that this latter institutional move, however, threatened to simply revive the paternalist worries forcefully articulated by Learned Hand. Waldron’s rights-based objection to rightsbased judicial review, although not dispositive, provided further warning of the moral costs of treating fellow citizens as incapable of reasoning together about the content and proper scope of the legal rights required for democracy. An alternative strategy for justifying judicial review that this chapter investigates is to understand a constitution itself as a product of true democracy, of real popular sovereignty. It is then up to the people, exercising their constituent power at the level of a constitutional assembly, to decide what particular institutional arrangements will best carry forward their collective ideals and decisions. The specific character and structure of those arrangements—whether they are populist or elitist, deliberative or aggregative, sensitive or insulated, electorally accountable or politically independent, and so on—is then a secondary matter. What is central is that the constitutional arrangements the people decide on are, first and foremost, democratically legitimated by the fact that they are the result of authentic popular sovereignty.. (shrink)