Cost-benefit analysis is a widely used governmental evaluation tool, though academics remain skeptical. This volume gathers prominent contributors from law, economics, and philosophy for discussion of cost-benefit analysis, specifically its moral foundations, applications and limitations. This new scholarly debate includes not only economists, but also contributors from philosophy, cognitive psychology, legal studies, and public policy who can further illuminate the justification and moral implications of this method and specify alternative measures. These articles originally appeared in the Journal of Legal Studies. (...) Contributors: - Matthew D. Adler - Gary S. Becker - John Broome - Robert H. Frank - Robert W. Hahn - Lewis A. Kornhauser - Martha C. Nussbaum - Eric A. Posner - Richard A. Posner - Henry S. Richardson - Amartya Sen - Cass R. Sunstein - W. Kip Viscusi. (shrink)

This book examines the origins and subsequent evolution of multicellularity. The transition from unicellular to multicellular life was one of a few major events in the history of life that created new opportunities for more complex biological systems to evolve.

Prioritarianism is an ethical theory that gives extra weight to the well-being of the worse off. In contrast, dominant policy-evaluation methodologies, such as benefit-cost analysis, cost-effectiveness analysis, and utilitarianism, ignore or downplay issues of fair distribution. Based on a research group founded by the editors, this important book is the first to show how prioritarianism can be used to assess governmental policies and evaluate societal conditions. This book uses prioritarianism as a methodology to evaluate governmental policy across a variety of (...) policy domains: taxation, health policy, risk regulation, education, climate policy, and the COVID-19 pandemic. It is also the first to demonstrate how prioritarianism improves on GDP as an indicator of a society's progress over time. Edited by two senior figures in the field with contributions from some of the world's leading economists, this volume bridges the gap from the theory of prioritarianism to its practical application. (shrink)

In 1823, F.W. Bessel published a startling conclusion: ‘involuntary constant differences’ mark out the recorded astronomical transit times of distinct observers. Bessel’s discovery eventually led to the institutionalization of the ‘personal equation’ for astrometry and spurred psychological investigations into the processes of visual perception. Bessel’s discovery revealed that the epistemic terrain of astrometry was more unpredictable than had been previously thought. Yet the solution to these worries was not a rigorous theory of the observer, but rather a set of cautionary (...) practices in data recording. This paper investigates the reasoning process Bessel used to discover involuntary constant differences and asks whether the apparent perceptual relativity he had discovered constituted a threat to data integrity. Bessel’s solution was epistemically responsible because it treated individual observational differences as a type of potential error that was avoided by preventing mixed observations. Additionally, error was not primarily viewed as a mismatch with reality, but rather as endemic to observational data, which kept the focus on practical matters rather than ontological ones. (shrink)

The Expanse is propelled into action when James Holden does what is morally right. In our everyday world, the prospect of spending time in jail short circuits the need for moral reflection. Not so in the anarchic world of The Expanse. This chapter uses just war theory to explore the moral obligations that exist when the political order breaks down. Philosophy helps us develop a moral language for making choices and evaluating actions. Michael Walzer accounts for the compassionate behavior by (...) arguing that soldiers, through reflection, come to recognize the basic moral obligations that humans have toward one another. He discerns five philosophical principles that govern our judgments about “how to fight”—all of which suggest that, deep down, we don't really believe the old canard that “all's fair in love and war.”. (shrink)

Control measures, such as “lockdowns”, have been widely used to suppress the COVID-19 pandemic. Under some conditions, they prevent illness and save lives. But they also exact an economic toll. How should we balance the impact of such policies on individual lives and livelihoods (and other dimensions of concern) to determine which is best? A widely used method of policy evaluation, benefit–cost analysis (BCA), answers these questions by converting all the effects of a policy into monetary equivalents and then summing (...) them up. A different method, social welfare analysis, proceeds by determining the effects of a policy on individual wellbeing and then applying an aggregation formula to them to evaluate the overall effects of a policy. In this chapter, we survey these methods and argue that social welfare analysis has important advantages. One crucial advantage is that it enables ethical considerations relating to the impact of policies on individual wellbeing and its distribution to be incorporated into policy assessments in a transparent way. We illustrate this with a simple numerical model for evaluating pandemic policies that vary in terms of the stringency of the controls that they impose on individual behaviour, showing how the evaluation depends on the ethical significance accorded to their impact on the wellbeing of different age and income groups. (shrink)

This chapter is an essay in a volume that examines constitutional law in the United States through the lens of H.L.A. Hart's "rule of recognition" model of a legal system. My chapter focuses on a feature of constitutional practice that has been rarely examined: how jurists and scholars argue about interpretive methods. Although a vast body of scholarship provides arguments for or against various interpretive methods -- such as textualism, originalism, "living constitutionalism," structure-and-relationship reasoning, representation reinforcement, minimalism, and so forth (...) -- very little scholarship shifts to the meta-level and asks: What are the considerations that jurists and scholars bring to bear in arguing that one or another interpretive method is legally favored? And can we "make sense" of this body of argument? Is there a model of legal discourse that both accurately describes how U.S. jurists and scholars actually argue about interpretive methods, and that vindicates this discourse (in the sense of seeing these actors as making valid arguments)? I find that Hart's rule-of-recognition model fails to describe or vindicate how U.S. jurists and scholars argue about interpretive methods. The problem, in a nutshell, is that Hart sees legal argument as asserting or presupposing the social fact of contemporary official acceptance of a rule of recognition. By contrast, jurists and scholars typically point to social facts other than contemporary official acceptance in arguing for the legal status of an interpretive method -- for example, the fact that the method is supported by Framers' intent, or by U.S. culture and tradition, or by precedent. Further, jurists and scholars very often argue that some interpretive method is legally favored even though the method is controversial. On Hart's model, such a claim is problematic -- because, on his model, the content of the rule of recognition is not controversial, but rather a matter of consensus among officials. The upshot may just be that Hart's model is a failure. However, another possibility is to adopt an "error theory" of U.S. constitutional discourse. It may perhaps be the case that U.S. jurists and scholars often make claims for the favorable legal status of some interpretive method that are inconsistent with the best understanding of the nature of law. (shrink)

Written for his brother Benedictine monks around 1077, Anselm's Proslogion is perhaps the best-known partially-read book of the Middle Ages. Many readers are familiar only with Anselm's well-known argument for God's existence in Chapters 2-4, which is often called the "ontological argument," a misleading appellation coined centuries later by Immanuel Kant. In this argument Anselm begins with the thought of "something than which nothing greater is able to be thought," and subsequently he leads the reader to see that such a (...) reality necessarily exists and cannot be thought not to be. This argument - which is, to be sure, crucial to the work constitutes - but a small portion of the whole. Preceding it is a profound but oft-overlooked opening chapter in which Anselm contemplates his all-too-human condition and disposes the reader to receive aptly his argument for God's existence in the next three chapters. And following this argument are 20 chapters in which Anselm artfully unfolds the depth and breadth of God's true existence as that than which nothing greater is able to be thought, showing God to be (among other things) able-to-sense, pity-hearted, just, good, and uncircumscribed. Indeed, if the reader is willing to give himself over to the work as whole, he will be compelled, under Anselm's deft guidance, to "endeavor to straighten up his mind toward contemplating God," which is how Anselm describes his own role in the work in his prefatory remarks. This edition provides a faithful yet readable English rendering of the whole Proslogion, the objections raised to Anselm's argument by his contemporary Gaunilo, and Anselm's replies to those objections. (After responding to Gaunilo, Anselm himself requested that these objections and replies be included in subsequent editions of the Proslogion.) This edition also includes an introduction that contextualizes the Proslogion within the monastic, pre-Scholastic age in which it first made its appearance. In addition, by means of notes and commentary, this edition articulates how to contextualize Anselm's famous argument in the Proslogion as a whole and in light of his replies to Gaunilo, how to appreciate the artistry whereby Anselm knit the Proslogion together into a coherent and concise unity, and how the work may be taught effectively to interested students. These features set this affordable English edition of the Proslogion apart from those currently available, which too often fail to capture accurately the beauty of Anselm's prose, which often treat the work through the lens of either later Scholasticism or contemporary analytic philosophy of religion, and which take little note of the craftsmanship whereby Anselm constructed this masterfully integrated work that is remembered too often for too few of its 24 chapters. Matthew Walz has taught in the interdisciplinary program at Thomas Aquinas College in California, and since 2008 he has been a professor in the Philosophy Department of the University of Dallas. (shrink)

Natural law political theory grounds the authority of law in the law's capacity to advance the common good, but questions about what this common good is and how it relates to political life remain highly contested. The influential new natural law theory of John Finnis reduces political association to the operation of government and makes it a merely instrumental good that serves to secure and facilitate individual and social goods. Political community, on this account, does not realize any further human (...) good not already experienced in smaller human communities. In A Vindication of Politics, Matthew Wright challenges this account and argues that political community itself realizes an aspect of social life intrinsic to full human flourishing. Wright develops an account of the political common good that is both inclusivist and distinctive--that is to say, it includes within its orbit the diverse goods of individuals and other associations, and it recognizes the good of the political association itself. Drawing on the work of Edmund Burke and the example of Abraham Lincoln, Wright argues that political community has its own distinctive goods, including civic friendship and political culture, embodied in its history, institutions, practices, and ideals. Individuals do not have to run for office to be engaged in the political common good. Participation in the vibrant cultural life of one's political community is an intrinsic part of the common good. (shrink)

A narrowly person-affecting (NPA) axiology is an account of the moral ranking of outcomes such that the comparison of any two outcomes depends on the magnitude and weight of individuals’ well-being gains and losses between the two. This article systematically explores NPA axiology. It argues that NPA axiology yields an outcome ranking that satisfies three fundamental axioms: Pareto, Anonymity and, plausibly, Pigou-Dalton. The axiology is neutral to non-well-being considerations (desert); and (assuming well-being measurability) leads to the Repugnant Conclusion (RC). In (...) short, NPA axiology provides a grounding for Paretian, equity-regarding welfarism, albeit one that includes the RC. (shrink)

Sunstein aims to provide a nonsectarian account of moral heuristics, yet the account rests on a controversial meta-ethical view. Further, moral theorists who reject act consequentialism may deny that Sunstein's examples involve moral mistakes. But so what? Within a theory that counts consequences as a morally weighty feature of actions, the moral judgments that Sunstein points to are indeed mistaken, and the fact that governmental action at odds with these judgments will be controversial doesn't bar such action.

The law within each legal system is a function of the practices of some social group. In short, law is a kind of socially grounded norm. H.L.A Hart famously developed this view in his book, The Concept of Law, by arguing that law derives from a social rule, the so-called “rule of recognition.” But the proposition that social facts play a foundational role in producing law is a point of consensus for all modern jurisprudents in the Anglo-American tradition: not just (...) Hart and his followers in the positivist school, most prominently Joseph Raz and Jules Coleman, but also the anti-positivist Ronald Dworkin, who argues that law necessarily synthesizes moral considerations with social facts. But which group’s practices ground each legal system? In particular, which group’s practices undergird U.S. law? Positivists since Hart have universally pointed to either officials or judges as the “recognitional community” (my term): the group such that its rules, conventions, cooperative activities, or practices in some other sense are the social facts from which the law of a given legal system derives. So Hart and all other positivists would identify either U.S. officials or U.S. judges as the recognitional community for U.S. law. This Article grapples with the tension between the positivist’s official- or judge-centered account of the recognitional community and the “popular constitutionalism” now so widely defended by constitutional scholars such as Larry Kramer, Robert Post, Reva Siegel, Mark Tushnet, Jeremy Waldron, and many others. Surely the popular constitutionalist would want to claim that U.S. citizens, not judges or officials, are the recognitional community for U.S. law. I term this position “deep popular constitutionalism.” Indeed, it turns out that Dworkin’s account of law, in its ambition to generate associative moral obligations for the citizenry as a whole, implies deep popular constitutionalism. Here there is a disagreement, hitherto unnoticed, between Dworkin and the positivists. My solution to this disagreement – to the debate between deep popular constitutionalists and deep official or judicial supremacists -- is to dissolve it by providing a group-relative account of law. Social norms, such as norms of dress or eating, are clearly group-relative. A particular dressing or eating behavior may be socially appropriate relative to one group’s norms, yet socially inappropriate relative to another’s. This Article extends the group-relative view from social norms to law itself, with a particular focus on U.S. law and constitutionalism. Part I surveys the jurisprudential literature. It shows how Hart and successor positivists identify the rule of recognition as a social practice engaged in by officials or some subset of officials (judges), rather than citizens generally, and argues that Dworkin by contrast sees the citizenry as a whole as his recognitional community. Parts II and III defend a group-relative account of law. Part II argues, with reference to the U.S. experience, that multiple groups can simultaneously instantiate the kind of social fact that undergirds law, be it a convention, a social norm, a “shared cooperative activity” (SCA), or something else. At many points in U.S. constitutional history, multiple official or citizen groups, defined along departmental, partisan, regional, state-federal, religious, or other lines, have accepted competing rules of recognition for U.S. law. Part III argues that “law” functions, primarily, as either an explanatory or a normative construct, and that insisting on a single recognitional community for each legal system would be arbitrary, both for explanatory purposes and for normative purposes. Part IV considers the many implications of the group-relative account for U.S. constitutional theory – in particular, for popular constitutionalism. (shrink)

This chapter contains sections titled: What I s Regulation? How Should We Morally Evaluate Regulation? Welfarism; the Pareto Principle; Kaldor‐Hicks Efficiency versus Social Welfare Functions The Two Fundamental Theorems of Welfare Economics and the Market Failure Framework Externalities Public Goods and Monopoly Power The Coase Theorem Information and Paternalism as Rationales for Regulation Regulatory Forms and Regulatory Choice Criteria References.

Decision theory seems to offer a very attractive normative framework for individual and social choice under uncertainty. The decisionmaker should think of her choice situation, at any given moment, in terms of a set of possible outcomes, that is, specifications of the possible consequences of choice, described in light of the decisionmaker's goals; a set of possible actions; and a "state set" consisting of possible prior "states of the world." It is this framework for choice which provides the foundation for (...) expected utility theory, as demonstrated in the work of Leonard Savage. Problems arise, however, when the decisionmaker is boundedly rational: when the mental process of thinking about outcomes, actions, and states is itself expensive and time consuming. In the case of the unboundedly rational decisionmaker, decision theory enjoins her to employ maximally specific outcomes; to consider all possible actions; and to use a set of mutually exclusive and collective exhaustive states, each of which is sufficiently finely specified so that each action, together with each state, yields one and only one maximally specific outcome. In the case of the boundedly rational decisionmaker, this procedure is either infeasible or, if feasible, irrational. This paper presents the problem of bounded rationality. It surveys possible solutions, none of which are found to be attractive. And it concludes by discussing the difficulties that the problem of bounded rationality poses for the welfarist program for legal scholarship presented by Louis Kaplow and Steven Shavell in their book, Fairness versus Welfare. (shrink)

How should we make interpersonal comparisons of well-being levels and differences? One branch of welfare economics eschews such comparisons, which are seen as impossible or unknowable; normative evaluation is based upon criteria such as Pareto or Kaldor-Hicks efficiency that require no interpersonal comparability. A different branch of welfare economics, for example optimal tax theory, uses “social welfare functions” to compare social states and governmental policies. Interpersonally comparable utility numbers provide the input for SWFs. But this scholarly tradition has never adequately (...) explained the basis for these numbers. John Harsanyi, in his work on so-called “extended preferences,” advanced a fruitful idea. While an ordinary preference is a ranking of outcomes, an “extended preference” is a ranking of individual histories. To say that individual k has an extended preference for history over means something like the following: k prefers to have the attributes of individual i in outcome x, as opposed to having the attributes of individual j in outcome y. Harsanyi’s proposal was to endow individuals with “extended preferences”; to represent such preferences using “extended” utility functions; and to employ such functions, in turn, as the basis for interpersonal comparisons of well-being levels and differences. Harsanyi’s analysis, however, had various gaps and flaws. In this Article, I both diagnose these difficulties, and show how they can be remedied - yielding a viable account of interpersonal comparisons, one sufficient for the needs of the SWF approach. (shrink)

Can constitutional rights be both personal and rule-dependent? Can it be true of constitutional adjudication (1) that a constitutional litigant must assert rights, and yet also (2) that the viability of a constitutional challenge depends (or sometimes depends) on whether a particular type of legal rule, for example, a discriminatory or poorly tailored rule, is in force?

Prior to recent decades, the United States Supreme Court often invoked the political question doctrine to avoid deciding controversial questions of individual rights. 1 By the 1970s and 1980s, standing limits traced to Article IIIs arsenal of threshold decision making, 3 in the last decade the Court has turned with increasing frequency to the distinction between facial and as-applied challenges to perform the gatekeeping function. However, although there is a considerable body of scholarship concerning the conventional justiciability doctrines, scholars have (...) only recently begun to address the range of questions implicated by the Courtand they have generally focused on narrow doctrinal questions about the proper treatment of discrete rights such as abortion, free exercise of religion, and freedom of speech. The papers in this issue of LegalTheory and the next view these issues in a broader jurisprudential context. (shrink)

This book explores how contemporary educational research and curriculum occlude the vital and enduring relationship between education and well-being. Beginning with the consequences of the reductive tendencies of educational research and moving through the consequences of the technical and instrumental tendencies of curriculum, this book challenges how contemporary education as a whole reduces human beings to “things” and funnels them according to predetermined knowledge forms representative of the dominant socioeconomic ideology. Through a philosophical exploration of original conceptions of education and (...) well-being, this book attempts to recover an understanding of education that embodies how we learn to uncover and relate to our own possibilities for a more meaningful life which is a life of well-being. (shrink)

According to Michael Smith, in his book The Moral Problem, the following internalist claim is true: ‘‘If an agent judges it right to do something in certain circumstances, then the agent is either motivated to do that thing in the circumstances or is practically irrational.’’ He calls this claim the ‘‘practicality requirement on moral judgment,’’ and in his book tries to defend it against the amoralist challenge presented by David Brink. Brink famously argues against internalism on the grounds that it (...) ‘‘makes the amoralist conceptually impossible.’’ Amoralists are people who genuinely make moral judgments, remain unmoved with respect to their motivation, and yet do not suffer the relevant kinds of practical irrationality. They may judge, say, that it is right to donate one's old clothes to the Red Cross, but they not only fail to do so when the time comes, they are not motivated at all to do so when the time comes. Defenders of the practicality requirement, in contrast, claim that it is a ‘‘conceptual truth’’ that ‘‘agents who make moral judgments are motivated accordingly, at least absent weakness of will and the like.’’ Brink thinks amoralists are possible, and that since internalists deny the possibility, we should reject internalism in favor of externalism, which makes the moral motivation of judgers a matter of a contingent fact about them. -/- Smith's argument in The Moral Problem in defending the practicality requirement, then, is in essence to show that ‘‘it is impossible for there to be any amoralists.’’ In the argument to be considered here, he argues that externalists cannot offer an acceptable explanation for why the moral motivation of good people reliably follow their moral judgments. But we will see that Smith's defense of the practicality requirement loses its appeal once we see that it turns on an ambiguity in his use of the expression ‘‘good people.’’ Furthermore, easy examples show that, contrary what Smith says, people whose motivations reliably follow their moral judgments sometimes care only derivatively about that which they judge. Smith's later presentations of his argument also fail, for externalists need not offer a single explanation of the moral motivation of all whose motivation reliably follow their moral judgments. (shrink)

In this paper I critique the concept of social groups deployed by Iris Marion Young in her well-known theory of the five faces of oppression. I contend that Young’s approach to conceptualizing social groups creates arbitrary and inconsistent categories, essentializes certain groups, and fails to take seriously the complexity of pluralism. I propose that Margaret Gilbert’s work in social metaphysics provides a more philosophically robust account of social groups that serves as a helpful corrective to Young’s approach. Gilbert’s account of (...) “we”-ness, as well as her theory of the nature of individuals and collectivities, provides a helpful vantage point for critiquing Young’s project and its emphasis on the social process of differentiation in the formation of social groups. (shrink)

The social and ecological crises of the twenty-first century represent a failure of the techno-industrial way of living and knowing. It has become apparent that we need both a new mythos and a new science. In this essay, I draw attention to the important epistemological and cosmological implications of enactivism, a still emerging paradigm within the life sciences. Guided by the insights of the enactive paradigm, I offer a new story of human origins and destiny in an attempt to contribute (...) to a more livable future for our species and the rest of the community of life on Earth. (shrink)

Traditionally, Aristotle is held to believe that philosophical contemplation is valuable for its own sake, but ultimately useless. In this volume, Matthew D. Walker offers a fresh, systematic account of Aristotle's views on contemplation's place in the human good. The book situates Aristotle's views against the background of his wider philosophy, and examines the complete range of available textual evidence. On this basis, Walker argues that contemplation also benefits humans as perishable living organisms by actively guiding human life activity, (...) including human self-maintenance. Aristotle's views on contemplation's place in the human good thus cohere with his broader thinking about how living organisms live well. A novel exploration of Aristotle's views on theory and practice, this volume will interest scholars and students of both ancient Greek ethics and natural philosophy. It will also appeal to those working in other disciplines including classics, ethics, and political theory. (shrink)

If you do not know the correct answer, guess.Design addresses need, of various types. A designer “designs” to address, to propose a possibility, or to meet a need. A great variety of things are designed: shoes, posters, watches, houses, televisions, keyboards, movies, washing machines, toasters, belts, and cars, to mention only some.A designer, be he or she an architect, interior designer, graphic designer, product designer, or industrial designer, nearly always provides drawings, models, written descriptions, and overarching ideas in response to (...) a need, articulated, stated, by someone. The need might be one that the designer recognizes on his or her own and decides to address, or the need might come to the... (shrink)

David Kinnebrook is remembered as the assistant to the Astronomer Royal dismissed in 1796 for marking stellar transits too slowly. Kinnebrook’s firing is commonly listed as the origin point for the personal equation and empirical psychology. Historians have viewed Kinnebrook as a slightly misused, though mute, party in the affair, drawing their accounts from Nevil Maskelyne’s published account of the dismissal. Kinnebrook’s letters, which resurfaced in 1985, detail a months-long dispute with Maskelyne concerning observational disagreements. The letters provide an account (...) of observational practice and individual differences in marking transits; they also detail Maskelyne’s failure to recognize an epistemic problem. Kinnebrook’s letters show that the problem of individual differences was known to Maskelyne as well as several of his contemporaries. Evidence from the letters shows that Maskelyne passed off six weeks of observations collected by his disgraced assistant as his own. The letters also state that Maskelyne had substantial personal observational differences with previous assistants. While Bessel later conjectured that Kinnebrook was under pressure to speed up his observations, Kinnebrook’s letters confirm that conjecture and reveal that Kinnebrook had a deeper comprehension of the epistemological problems of observation than has been recognized. Kinnebrook’s recognition of personal differences in marking stellar transits is a significant moment in the prehistory of the personal equation. (shrink)

In the nineteenth century, natural theology was ‘natural’ because the evidence was taken from direct observation of the natural world, or from observations made in the increasingly specialised settings of science. It was ‘theological’ because such evidence was interpreted in light of the attributes of God laid out in the Bible and in Christian doctrine. However, the extent to which the evidence of revelation was augmented or superseded by the facts provided by reason varied between authors. This chapter discusses how (...) different authors structured their design arguments, and shows that design arguments were increasingly recalibrated to incorporate new scientific evidence. But the basic premise of a theistically designed world also remained widely accepted by scientists and the reading public alike at the dawn of the twentieth century. (shrink)

Elliot Eisner notes, “The kinds of nets we know how to weave determine the kinds of nets we cast. These nets, in turn, determine the kinds of fish we catch.”1 Sound studies is a recently emerged interdisciplinary field that draws upon the social sciences and humanities in support of a broad range of inquiry into music and sound. Weaving new approaches that cast interesting questions that yield fascinating catches, sound studies has much to offer those looking to expand or challenge (...) their conceptions of music and sound—particularly educators who wish to hear the world anew while helping others to grow meaningfully with music. This article presents an overview of the field with particular attention to those actual... (shrink)

This paper argues that the concept and role of ‘institutional racism’ in contemporary discussions of race should be reconsidered. It starts by distinguishing between ‘intrinsic institutional racism’, which holds that institutions are racist in virtue of their constitutive features, and ‘extrinsic institutional racism’, which holds that institutions are racist in virtue of their negative effects. It accepts intrinsic institutional racism, but argues that a ‘disparate impact’ conception of extrinsic conception faces a number of objections, the most serious being that it (...) has no plausible account of what it is that makes extrinsically racist institutions racist. It also argues that claims about the explanatory indispensability of institutional racism are overstated (individual racism is at least as important), critiques structural approaches to racial inequality, and suggests that there is reason to doubt whether institutional reform can provide us with all that morality may require in the racial domain. (shrink)

This article discusses the adequacy of Rawls’ theory of justice as a tool for racial justice. It is argued that critics like Charles W Mills fail to appreciate both the insights and limits of the Rawlsian framework. The article has two main parts spread out over several different sections. The first is concerned with whether the Rawlsian framework suffices to prevent racial injustice. It is argued that there are reasons to doubt whether it does. The second part is concerned with (...) whether a Rawlsian framework has the resources to rectify past racial injustice. It is argued that it has more resources to do this than Mills allows. This second part of the article centers on two Rawlsian ideas: ideal theory and the fair equality of opportunity principle. It is argued that ideal theory is essential for the kind of rectificatory work that Mills wants nonideal theory to do, and that where there is a socioeconomic legacy of past injustice, it is hard to see how FEO could be implemented if it did no rectificatory work, a result which means that there is less need to turn to nonideal theory at all. (shrink)

In the recent history of psychology and cognitive neuroscience, the notion of habit has been reduced to a stimulus-triggered response probability correlation. In this paper we use a computational model to present an alternative theoretical view (with some philosophical implications), where habits are seen as self-maintaining patterns of behavior that share properties in common with self-maintaining biological processes, and that inhabit a complex ecological context, including the presence and influence of other habits. Far from mechanical automatisms, this organismic and self-organizing (...) concept of habit can overcome the dominating atomistic and statistical conceptions, and the high temporal resolution effects of situatedness, embodiment and sensorimotor loops emerge as playing a more central, subtle and complex role in the organization of behavior. The model is based on a novel “iterant deformable sensorimotor medium” (IDSM), designed such that trajectories taken through sensorimotor-space increase the likelihood that in the future, similar trajectories will be taken. We couple the IDSM to sensors and motors of a simulated body and environment and show that under certain conditions, the IDSM forms self-maintaining patterns of activity that operate across the IDSM, the body, and the environment. We present various environments and the resulting habits that form in them. The model acts as an abstraction of habits at a much needed sensorimotor “meso-scale” between microscopic neuron-based models and macroscopic descriptions of behavior. Finally, we discuss how this model and extensions of it can help us understand aspects of behavioral self-organization, historicity and autonomy that remain out of the scope of contemporary representationalist frameworks. (shrink)

:Preference-aggregation problems arise in various contexts. One such context, little explored by social choice theorists, is metaethical. ‘Ideal-advisor’ accounts, which have played a major role in metaethics, propose that moral facts are constituted by the idealized preferences of a community of advisors. Such accounts give rise to a preference-aggregation problem: namely, aggregating the advisors’ moral preferences. Do we have reason to believe that the advisors, albeit idealized, can still diverge in their rankings of a given set of alternatives? If so, (...) what are the moral facts when the advisors do diverge? These questions are investigated here using the tools of Arrovian social choice theory. (shrink)

This Article provides a comprehensive, critical overview of proposals to use happiness surveys for steering public policy. Happiness or “subjective well-being” surveys ask individuals to rate their present happiness, life-satisfaction, affective state, etc. A massive literature now engages in such surveys or correlates survey responses with individual attributes. And, increasingly, scholars argue for the policy relevance of happiness data: in particular, as a basis for calculating aggregates such as “gross national happiness,” or for calculating monetary equivalents for non-market goods based (...) on coefficients in a happiness equation. But is individual well-being equivalent to happiness? The happiness literature tends to blur or conflate important concepts: well-being, subjective well-being, happiness, utility, satisfaction. A preference-realization account of well-being denies the equivalence of happiness and welfare, since someone can have preferences for non-mental attributes, such as health, autonomy, goal-fulfillment, knowledge or the quality of her relationships. It is critical, therefore, to differentiate two potential policy roles for happiness surveys. First, the survey response may provide prima facie evidence of the respondent’s preference-utility: the extent to which her preferences are realized. Second, it may indicate her experience-utility: the quality of her mental states. The Article clarifies these two, very different, ideas. It then criticizes, in turn, the preference-utility and the experience-utility defenses of the policy relevance of happiness surveys. Enthusiasm about happiness is premature. (shrink)

Aristotle’s views on the choiceworthiness of friends might seem both internally inconsistent and objectionably instrumentalizing. On the one hand, Aristotle maintains that perfect friends or virtue friends are choiceworthy and lovable for their own sake, and not merely for the sake of further ends. On the other hand, in Nicomachean Ethics IX.9, Aristotle appears somehow to account for the choiceworthiness of such friends by reference to their utility as sources of a virtuous agent’s robust self-awareness. I examine Aristotle’s views on (...) the utility and choiceworthiness of friends, and offer a novel reading of Nicomachean Ethics IX.9. On this reading, Aristotle accepts a version of instrumental conditionalism about final value, that is, the thesis that goods (including friends) can be choiceworthy for their own sake (i.e., possess final or end value) at least partly on account of their instrumental properties. In articulating what sort of instrumental conditionalism it is reasonable to attribute to Aristotle, I argue that Aristotle appeals to the utility of perfect friends as part of a broadly material causal account of why such friends are choiceworthy for their own sake. On this reading, perfect friends are not choiceworthy for the sake of their utility in eliciting self-awareness; rather, their choiceworthiness for their own sake is (at least partly) realized in, or constituted by, their conduciveness to the virtuous agent’s self-awareness. This reading, I argue, frees Aristotle from the charge of inconsistency: Aristotle can appeal to the conduciveness of perfect friends to the virtuous agent’s self-awareness as a way of explaining why such friends are choiceworthy for their own sake. (shrink)