Jeremy Waldron on Law and Disagreement

Philosophical Studies -     

Disagreeing with the (religious) skeptic

Some philosophers believe that, when epistemic peers disagree, each has an obligation to accord the other’s assessment equal weight as her own. Other philosophers worry that this Equal-Weight View is vulnerable to straightforward counterexamples, and that it requires an unacceptable degree of spinelessness with respect to our most treasured philosophical, political, and religious beliefs. I think that both of these allegations are false. To show this, I carefully state the Equal-Weight View, motivate it, describe apparent counterexamples to it, and then explain away the apparent counterexamples. Finally, I adapt those explanations to cases of religious disagreement. In the end, we reach the surprising conclusion that—even if the Equal-Weight View is true—in very many cases of religious disagreement between apparent epistemic peers, the parties to the disagreement need not be conciliatory. And what goes for religious beliefs goes for political and philosophical beliefs as well. This strongly suggests that the View does not demand an unacceptable degree of spinelessness.     

Disagreement and Dispute

In this paper, I will trace a distinction between two different ways of thinking about doxastic conflicts. The first way emphasises what is going on at the level of semantics, when two subjects disagree by uttering certain sentences or accepting certain contents. The second way emphasises some aspects that are epistemic in kind, which concern what subjects are rationally required to do whenever they disagree with someone. The semantics-oriented and epistemically-oriented notions will serve for the purpose of assessing some aspects of the debate that revolves around the notions of disagreement on matters of inclination. These aspects include: (i) the idea that disagreements in areas of inclination are somehow defective (Egan 2010); (ii) the idea that Relativism makes disagreement epistemically insignificant (Carter 2013); (iii) the idea that there can be faultless disagreements in which faultlessness is epistemic in kind (Schafer 2011).     

Reflection and Disagreement

How should you take into account the opinions of an advisor? When you completely defer to the advisor's judgment (the manner in which she responds to her evidence), then you should treat the advisor as a guru. Roughly, that means you should believe what you expect she would believe, if supplied with your extra evidence. When the advisor is your own future self, the resulting principle amounts to a version of the Reflection Principle—a version amended to handle cases of information loss. When you count an advisor as an epistemic peer, you should give her conclusions the same weight as your own. Denying that view—call it the “equal weight view”—leads to absurdity: the absurdity that you could reasonably come to believe yourself to be an epistemic superior to an advisor simply by noting cases of disagreement with her, and taking it that she made most of the mistakes. Accepting the view seems to lead to another absurdity: that one should suspend judgment about everything that one's smart and well‐informed friends disagree on, which means suspending judgment about almost everything interesting. But despite appearances, the equal weight view does not have this absurd consequence. Furthermore, the view can be generalized to handle cases involving not just epistemic peers, but also epistemic superiors and inferiors.     

Virtue and Disagreement

One of the most prominent strands in contemporary work on the virtues consists in the attempt to develop a distinctive—and compelling—account of practical reason on the basis of Aristotle’s ethics. In response to this project, several eminent critics have argued that the Aristotelian account encourages a dismissive attitude toward moral disagreement. Given the importance of developing a mature response to disagreement, the criticism is devastating if true. I examine this line of criticism closely, first elucidating the features of the Aristotelian account that motivate it, and then identifying two further features of the account that the criticism overlooks. These further features show the criticism to be entirely unwarranted. Once these features are acknowledged, a more promising line of criticism suggests itself—namely, that the Aristotelian account does too little to help us to resolve disputes—but that line of objection will have to be carried out on quite different grounds.     

Richard Rowland: Moral Disagreement

Ethical Theory and Moral Practice -     

Crispin Wright on Moral Disagreement

Wright argues that if there are moral disagreements that cannot be attributed to inferential error, ignorance of relevant data or some similar form of deficiency (i.e., what I call 'radical' disagreements), then moral realists are committed to the view that moral truths are evidence-transcendent. Moreover, since he thinks that this view is implausible and that moral disagreements can indeed be radical, he has suggested that we should reject realism here. I indicate how a realist can respond to this challenge, by offering two arguments to the effect that a realist might plausibly hold that moral disagreements can never be found to be radical. However, this is not so much intended to be a defence of moral realism as a critique of Wright's basic strategy, since a similar defence may be provided in support of realism about any (minimally truth-apt) discourse.     

Sartre and Bergson: A Disagreement about Nothingness

Abstract

Henri Bergson's philosophy, which Sartre studied as a student, had a profound but largely neglected influence on his thinking. In this paper I focus on the new light that recognition of this influence throws on Sartre's central argument about the relationship between negation and nothingness in his Being and Nothingness. Sartre's argument is in part a response to Bergson's dismissive, eliminativist account of nothingness in Creative Evolution (1907): the objections to the concept of nothingness with which Sartre engages are precisely those raised by Bergson. Even if Sartre's account of nothingness in its entirety is found to be flawed, I argue that the points he makes specifically against Bergson are powerful.

My discussion concludes with a brief examination of the wider philosophical background to Sartre's and Bergson's discussion of nothingness: here I point to some important aspects of Sartre's early philosophy, including some features of his conception of nothingness, that may testify to Bergson's positive influence on his thought.     

Philosophical Diversity and Disagreement

Widespread and lasting consensus has not been philosophy's fate. Indeed, one of philosophy's most striking features is its ability to accommodate “not only different answers to philosophical questions” but also “total disagreement on what questions are philosophical” (Rorty 1995 , 58). It is therefore hardly surprising that philosophers' responses to this metaphilosophical predicament have been similarly varied. This article considers two recent diagnoses of philosophical diversity: Kornblith and Rescher (respectively) claim that taking philosophical disagreement seriously does not lead to metaphilosophical scepticism. The article argues that their confidence is misplaced in so far as both wrongly assume that ordinary, first‐order philosophical practice and second‐order metaphilosophical reflection are separate enterprises.     

Disagreement and Evidential Attenuation

What sort of doxastic response is rational to learning that one disagrees with an epistemic peer who has evaluated the same evidence? I argue that even weak general recommendations run the risk of being incompatible with a pair of real epistemic phenomena, what I call evidential attenuation and evidential amplification. I focus on a popular and intuitive view of disagreement, the equal weight view. I take it to state that in cases of peer disagreement, a subject ought to end up equally confident that her own opinion is correct as that the opinion of her peer is. I say why we should regard the equal weight view as a synchronic constraint on (prior) credence functions. I then spell out a trilemma for the view: it violates what are intuitively correct updates (also leading to violations of conditionalisation), it poses implausible restrictions on prior credence functions, or it is non‐substantive. The sorts of reasons why the equal weight view fails apply to other views as well: there is no blanket answer to the question of how a subject should adjust her opinions in cases of peer disagreement.     

Disagreement and Intellectual Scepticism

Several philosophers have recently argued that disagreement with others undermines or precludes epistemic justification for our opinions about controversial issues (e.g. political, religious, and philosophical issues). This amounts to a fascinating and disturbing kind of intellectual scepticism. A crucial piece of the sceptical argument, however, is that our opponents on such topics are epistemic peers. In this paper, I examine the reasons for why we might think that our opponents really are such peers, and I argue that those reasons are either (a) too weak or (b) too strong, implying absurd conclusions. Thus, there is not a compelling case for disagreement-based intellectual scepticism.     

Relativism and Faultless Disagreement

The argument from faultless disagreement employed by the relativist purports to show that contextualism falls short of explaining cases of faultless disagreement. The demonstration is intended to give credence to the relativist semantics of epistemic modality expressions. In this paper we present some cases showing that even though cases of faultless disagreement do reveal some intrinsic features of epistemic modality claims, they do not support the relativist semantics. The sophistication of faultless disagreement goes beyond what the relativist semantics can cope with. We also advance an epistemologically oriented proposal to account for faultless disagreement.     

Disagreement about Taste: Commonality Presuppositions and Coordination

This paper confronts the disagreement argument for relativism about matters of taste, defending a specific form of contextualism. It is first considered whether the disagreement data might manifest an invariantist attitude that speakers have pre-reflectively. Semantic and ontological enlightenment should then make the impressions of disagreement vanish, or at least leave them as lingering ineffectual Müller-Lyer-like illusions; but it is granted to relativists that this does not fully happen. López de Sa's appeal to presuppositions of commonality and Sundell's appeal to metalinguistic disagreement are discussed, and it is argued that, although they help to clarify the issues, they do not fully explain why such impressions remain under enlightenment. To explain it, the paper develops a suggestion that other writers have made, that the lingering impression of disagreement is a consequence of a practical conflict, appealing to dispositions to practical coordination that come together with presuppositions of commonality in axiological matters.     

Single-system models and interference in category learning: Commentary on Waldron and Ashby (2001)

In a recent article, Waldron and Ashby (2001) observed that performing a concurrent task caused greater interference in learning a simple one-dimensional categorization rule than in learning a complex three-dimensional one. They argued that this result was incompatible with all existing single-system models of category learning but was as predicted by the multiple-system COVIS model (Ashby, Alfonso-Reese, Turken, & Waldron, 1998). In contrast to Waldron and Ashby’s argument, we demonstrate that the single-system ALCOVE model (Kruschke, 1992) naturally predicts the result by assuming that its selectiveattention learning process is disrupted by the concurrent task.