Ferrajoli’s Argument for Structural Entrenchment

This paper engages with Ferrajoli’s contribution to the philosophical debate on constitutional democracy and in particular his conception of ‘structural entrenchment’, or the basis upon which one can defend the normativity of the Constitution as ‘higher law’, which can trump or limit legislation, without infringing democratic principles. Ferrajoli’s own understanding of ‘structural entrenchment’ is compared to Rawls’s and Dworkin’s arguments in support of it. Ferrajoli’s position is neither grounded on a philosophy of history, as in Rawls, nor on a version of moral realism, as for Dworkin, but on a formal understanding of the nature of fundamental rights, and in a conception of democratic sovereignty as ‘joint ownership.’     

What <Emphasis Type="Italic">ought</Emphasis> probably means,and why you can’t detach it

Some intuitive normative principles raise vexing ‘detaching problems’ by their failure to license modus ponens. I examine three such principles (a self-reliance principle and two different instrumental principles) and recent stategies employed to resolve their detaching problems. I show that solving these problems necessitates postulating an indefinitely large number of senses for ‘ought’. The semantics for ‘ought’ that is standard in linguistics offers a unifying strategy for solving these problems, but I argue that an alternative approach combining an end-relational theory of normativity with a comparative probabilistic semantics for ‘ought’ provides a more satisfactory solution.     

Equality of whom? a genetic perspective on equality (of opportunity)

Rawls’ principle of fair equality of opportunity has been regularly discussed and criticized for being inadequate regarding natural inequalities. In so far as this egalitarian goal is sound, the purpose of the paper is to see how the prospect of radical genetic intervention might affect this particular inadequacy. I propose that, in a post-genetic setting, an appropriate response would be to extend the same rules regulating societal inequalities to a regulation of comparable genetic inequalities. I defend this stance against recent arguments from the authors of From Chance to Choice and from Colin Farrelly’s alternative of the genetic difference principle. Thanks and appreciation to Dr. Pete Morris, Noreen McGuire and Ann Feeney for their support and encouragement. My thanks also to the participants of the Ninth Manchester Graduate (Brave New World 2005) Conference in Political Theory, where a shorter version of this paper was read.     

Defending Klein on Closure and Skepticism

In this paper, I consider some issues involving a certain closure principle for Structural Justification, a relation between a cognitive subject and a proposition that’s expressed by locutions like ‘S has a source of justification for p’ and ‘p is justifiable for S’. I begin by summarizing recent work by Peter Klein that advances the thesis that the indicated closure principle is plausible but lacks Skeptical utility. I then assess objections to Klein’s thesis based on work by Robert Audi and Anthony Brueckner. One finding is that the typical statement of the relevant closure principle can express a number of different closure principles, and that recognizing this helps to resolve certain disputes.     

Three Meanings of Equality: The ‘Arab Problem’ in Israel

If justice means equal participation and inclusion, as authors such as Axel Honneth or Nancy Fraser have argued, the question still remains: inclusion in what, and of whom? This question has not been investigated with sufficient attention. Drawing on the example of the experience of Palestinians and Israeli Arabs, I address this issue by distinguishing different meanings of equality which correspond to different types of political struggles. In so doing, I re-examine Honneth’s claim that the critical theory of recognition has no room for cultural groups as referents of a potential ‘fourth principle of recognition’ beyond legal equality, the merit principle, and love. It is argued that Honneth’s critique of collective rights neglects crucial differences between the types of groups that exist in modern states, and between the different kinds of struggles for equality waged by those groups.     

Exemptions for Whom? On the Relevant Focus of Egalitarian Concern

Granting differential treatment is often considered a way of placing some groups in a better position in order to maintain or improve their cultural, economic, health-related or other conditions, and to address persistent inequalities. Critics of multiculturalism have pointed out the tension between protection for groups and protection for group members. The ‘rule-and-exemption’ approach has generally been conceived as more resistant to such criticism insofar as exemptions are not conceded to minorities or ethical and religious groups as such, but to individuals who are part of those groups. However, I show that when a government grants an exemption, it inevitably provides a definition of the relevant group in question, and the tendency is to take cultural membership as ‘given’ or as defined by group spokespersons. I discuss some problems related to these definitions and defend instead a definition based on shared group interests.     

Liberalism,Abstract Individualism,and the Problem of Particular Obligations

In the following I take issue with the allegation that liberalism must inevitably be guilty of ‘abstract individualism’. I treat Michael Sandel’s well-known claim that there are ‘loyalties and convictions whose moral force consists partly in the fact that living by them is inseparable from understanding ourselves as the particular persons we are’ as representative of this widely held view. Specifically, I argue: (i) that Sandel’s account of the manner in which ‘constitutive’ loyalties function as reasons for action presupposes the possibility of there being (what I call) ‘underivable particular obligations’, but that such obligations are, in fact, a logical impossibility; and (ii) that Sandel’s account of the self as necessarily ‘encumbered’ presupposes an account of personal identity which confuses identification with definition, and which is, therefore, fundamentally flawed. For their constructive and insightful comments on an earlier draft of this paper, I owe a special debt of gratitude to the following: Clare Chambers, Roger Crisp, Cécile Fabre, Paul Kelly, David Lloyd-Thomas. Thanks also go to Res Publica’s two anonymous referees.     

Need There be a Defence of Equality? Winner of the 2010 Postgraduate Essay Prize

There is an apparent problem in identifying a basis for equality. This problem vanishes if what I call the ‘intuited response’ is successful. According to this response, there is no further explanation of the significance of the feature in virtue of which an individual matters, beyond the bare fact that it is the feature in virtue of which an individual matters. I argue against this claim, and conclude that if the problem of identifying a basis for equality is to be resolved, it is necessary to defend a substantive account of the independent significance of some feature.     

Explaining Referential Stability of Physics Concepts: The Semantic Embedding Approach

The paper discusses three different ways of explaining the referential stability of concepts of physics. In order to be successful, an approach to referential stability has to provide resources to understand what constitutes the difference between the birth of a new concept with a history of its own, and an innovative step occurring within the lifetime of a persisting concept with stable reference. According to Theodore Arabatzis’ ‘biographical’ approach (Representing Electrons 2006), the historical continuity of representations of the electron manifests itself by the numerical stability of experimental parameters like the charge-to-mass ratio, and the continued acceptance of earlier experiments as manifestations of electron properties. I argue, against Arabatzis’ approach, that the stability of experimental parameters justifies the assumption that there exists a chain of representations of a unique theoretical entity only if this stability occurs against the background of evidence for theoretical continuity. The Bain/Norton approach proposes to add exactly this element to the picture, but fails to reach its aim by focusing on formal similarities of Hamiltonians as an indicator of theoretical continuity. I shall argue that theoretical continuity has to be demonstrated rather on the level of particular solutions. This task is accomplished by the semantic embedding approach by means of defining a co-reference criterion for theoretical terms requiring the existence of semantic embedding relations between the terms that occur in particular solutions of different theories.     

Motive and Right Action

Some philosophers believe that a change in motive alone is sometimes sufficient to bring about a change in the deontic status (rightness or wrongness) of an action. I refer to this position as ‘weak motivism’, and distinguish it from ‘strong’ and ‘partial motivism’. I examine a number of cases where our intuitive judgements appear to support the weak motivist’s thesis, and argue that in each case an alternative explanation can be given for why a change in motive brings about (or, in some cases, appears to bring about) a change in deontic status.     

The Ignorant Citizen: Mouffe,Rancière,and the Subject of Democratic Education

Much work in the field of education for democratic citizenship is based on the idea that it is possible to know what a good citizen is, so that the task of citizenship education becomes that of the production of the good citizen. In this paper I ask whether and to what extent we can and should understand democratic citizenship as a positive identity. I approach this question by means of an exploration of four dimensions of democratic politics—the political community, the borders of the political order, the dynamics of democratic processes and practices, and the status of the democratic subject—in order to explore whether and to what extent the ‘essence’ of democratic politics can and should be understood as a particular order. For this I engage with ideas from Chantal Mouffe and Jacques Rancière who both have raised fundamental questions about the extent to which the ‘essence’ of democratic politics can be captured as a particular order. In the paper I introduce the figure of the ignorant citizen in order to hint at a conception of citizenship that is not based on particular knowledge about what the good citizen is. I introduce a distinction between a socialisation conception of citizenship education and civic learning and a subjectification conception of citizenship education and civic learning in order to articulate what the educational implications of such an ‘anarchic’ understanding of democratic politics are. While the socialisation conception focuses on the question how ‘newcomers’ can be inserted into an existing political order, the subjectification conception focuses on the question how democratic subjectivity is engendered through engagement in always undetermined political processes. This is no longer a process driven by knowledge about what the citizen is or should become but one that depends on a desire for a particular mode of human togetherness or, in short, a desire for democracy.     

The ‘Gray’s Elegy’ Argument, and The Prospects for the Theory of Denoting Concepts

Russell’s new theory of denoting phrases introduced in “On Denoting” in Mind 1905 is now a paradigm of analytic philosophy. The main argument for Russell’s new theory is the so-called ‘Gray’s Elegy’ argument, which purports to show that the theory of denoting concepts (analogous to Frege’s theory of senses) promoted by Russell in the 1903 Principles of Mathematics is incoherent. The ‘Gray’s Elegy’ argument rests on the premise that if a denoting concept occurs in a proposition, then the proposition is not about the concept. I argue that the premise is false. The ‘Gray’s Elegy’ argument does not exhaust Russell’s ammunition against the theory of denoting concepts. Another reason Russell rejects the theory is, as he says, that it cannot provide an adequate account of non-uniquely denoting concepts. In the last section of the paper, I argue that even though Russell was right in thinking that the theory of denoting concepts cannot provide an adequate account of non-uniquely denoting concepts, Russell’s new theory does not succeed in eliminating the occurrence of all denoting concepts, as it requires a commitment to the existence of variables that indirectly denote their values. However, the view that variables are denoting concepts is unproblematic once the ‘Gray’s Elegy’ argument is blocked.     

Hybrid Indexicals and Ellipsis

In this essay, I explain how certain suggestions put forth by Frege, Wittgenstein, and Schlick regarding the interpretation of indexical expressions may be incorporated within a systematic semantic account. I argue that the ‘hybrid’ approach they propose is preferable to more conventional systems, in particular when it comes to the interpretation of cases of cross-contextual ellipsis. I also explain how the hybrid view entails certain important and independently motivated distinctions among contextually dependent expressions, for instance between ‘here’ and ‘local’.     

A Model of Jury Decisions where all Jurors have the same Evidence

Under the independence and competence assumptions of Condorcet’s classical jury model, the probability of a correct majority decision converges to certainty as the jury size increases, a seemingly unrealistic result. Using Bayesian networks, we argue that the model’s independence assumption requires that the state of the world (guilty or not guilty) is the latest common cause of all jurors’ votes. But often – arguably in all courtroom cases and in many expert panels – the latest such common cause is a shared ‘body of evidence’ observed by the jurors. In the corresponding Bayesian network, the votes are direct descendants not of the state of the world, but of the body of evidence, which in turn is a direct descendant of the state of the world. We develop a model of jury decisions based on this Bayesian network. Our model permits the possibility of misleading evidence, even for a maximally competent observer, which cannot easily be accommodated in the classical model. We prove that (i) the probability of a correct majority verdict converges to the probability that the body of evidence is not misleading, a value typically below 1; (ii) depending on the required threshold of ‘no reasonable doubt’, it may be impossible, even in an arbitrarily large jury, to establish guilt of a defendant ‘beyond any reasonable doubt’.     

Logical and Epistemic Foundationalism About Grounding: The Triviality of Facts and Principles

In this paper, I seek to undermine G.A. Cohen’s polemical use of a metaethical claim he makes in his article, ‘Facts and Principles’, by arguing that that use requires an unsustainable equivocation between epistemic and logical grounding. I begin by distinguishing three theses that Cohen has offered during the course of his critique of Rawls and contractualism more generally, the foundationalism about grounding thesis, the justice as non-regulative thesis, and the justice as all-encompassing thesis, and briefly argue that they are analytically independent of each other. I then offer an outline of the foundationalism about grounding thesis, characterising it, as Cohen does, as a demand of logic. That thesis claims that whenever a normative principle is dependent on a fact, it is so dependent in virtue of some other principle. I then argue that although this is true as a matter of logic, it, as Cohen admits, cannot be true of actual justifications, since logic cannot tell us anything about the truth as opposed to the validity of arguments. Facts about a justification cannot then be decisive for whether or not a given argument violates the foundationalism about grounding thesis. As long as, independently of actual justifications, theorists can point to plausible logically grounding principles, as I argue contractualists can, Cohen’s thesis lacks critical bite.     

Proof-theoretic Semantics for Classical Mathematics

We discuss the semantical categories of base and object implicit in the Curry-Howard theory of types and we derive derive logic and, in particular, the comprehension principle in the classical version of the theory. Two results that apply to both the classical and the constructive theory are discussed. First, compositional semantics for the theory does not demand ‘incomplete objects’ in the sense of Frege: bound variables are in principle eliminable. Secondly, the relation of extensional equality for each type is definable in the Curry-Howard theory.     

On Mill,Infallibility, and Freedom of Expression

Philosophers have tended to dismiss John Stuart Mill’s claim that ‘all silencing of discussion is an assumption of infallibility’. I argue that Mill’s ‘infallibility claim’ is indeed open to many objections, but that, contrary to the consensus, those objections fail to defeat the anti-authoritarian thesis which lies at its core. I then argue that Mill’s consequentialist case for the liberty of thought and discussion is likewise capable of withstanding some familiar objections. My purpose is to suggest that Mill’s anti-authoritarianism and his faith in thought and discussion, when taken seriously, supply the basis for a ‘public interest’ account of ‘freedom of expression as the liberty of thought and discussion’ which is faithful to Mill in spirit, if not to the precise letter. I outline such an account, which – as I say in conclusion – can serve as a valuable safeguard against ad hoc, reactive legislation, and the demands of a spurious communitarianism.     

Vollkommene Syllogismen und reine Vernunftschlüsse: Aristoteles und Kant. Eine Stellungnahme zu Theodor Eberts Gegeneinwänden. Teil 2

In an earlier article (see J Gen Philos Sci (2010) 41: 341–355) I have compared Aristotle’s syllogistic with Kant’s theory of “pure ratiocination”. “Ratiocinia pura” („reine Vernunftschlüsse“) is Kant’s designation for assertoric syllogisms Aristotle has called ‘perfect’. In Kant’s view they differ from non-pure ratiocinia precisely in that their validity rests only on the validity of the Dictum de omni et nullo (which, however, in Kant’s view can be further reduced to more fundamental principles) whereas the validity of non-pure ratiocinia additionally presupposes the validity of inferences which Kant calls consequentiae immediatae. I have argued that Kant’s view is in some (not in all) essential features in accordance with Aristotle’s view concerning perfect syllogisms and certainly leading to a tenable and interesting logical theory. As a result I have rejected not only the interpretation of Aristotle adopted by Theodor Ebert, but also the objections he has raised against Kant’s logical theory. As far as Aristotle is concerned, Ebert has attempted to defend his position in the first part of his reply to my article published in J Gen Philos Sci (2009) 40: 357–365, and I have argued against this defence in issue 1 of the J Gen Philos Sci (2010) 41: 199–213 (cf. Ebert’s answer in the same issue pp. 215–231). In the following discussion I deal with Eberts defence of his criticism of Kant published in the second part of his reply to my article (see J Gen Philos Sci (2009) 40: 365–372). I shall argue, that Kant’s principle ‘nota notae est nota rei ipsius’ and his use of technical vocabulary stand up to the objections raised by Ebert. His attempts to prove that Kant’s logical theory is defective are based on several misinterpretations.     

Justice: Metaphysical,After All?

Political liberals, following Rawls, believe that justice should be ‘political’ rather than ‘metaphysical.’ In other words, a conception of justice ought to be freestanding from first-order moral and metaethical views. The reason for this is to ensure that the state’s coercion be justified to citizens in terms that meet political liberalism’s principle of legitimacy. I suggest that privileging a political conception of justice involves costs—such as forgoing the opportunity for political theory to learn from other areas of philosophy. I argue that it is not clear that it provides any benefit in return. Whether a political conception of justice more adequately satisfies the liberal principle of legitimacy than a metaphysical conception of justice is an open question. To show this, I describe three ways in which political conceptions of justice have been developed within the literature. I then argue that while each might be helpful in finding reasons that reasonable citizens can accept, all face challenges in satisfying the liberal principle of legitimacy. Political conceptions of justice confront the same set of justificatory problems as ‘metaphysical’ conceptions. The question of whether a political conception is preferable should receive greater scrutiny.     

The indexicality of ‘knowledge’

Epistemic contextualism—the view that the content of the predicate ‘know’ can change with the context of utterance—has fallen into considerable disrepute recently. Many theorists have raised doubts as to whether ‘know’ is context-sensitive, typically basing their arguments on data suggesting that ‘know’ behaves semantically and syntactically in a way quite different from recognised indexicals such as ‘I’ and ‘here’ or ‘flat’ and ‘empty’. This paper takes a closer look at three pertinent objections of this kind, viz. at what I call the Error-Theory Objection, the Gradability Objection and the Clarification-Technique Objection. The paper concludes that none of these objections can provide decisive evidence against contextualism.