Amy Gutmann and Dennis Thompson’s theory of deliberative democracy has been widely influential and favorably viewed by many as a successful attempt to combine procedural and substantive aspects of democracy, while remaining quintessentially liberal. Although I admit that their conception is one of the strongest renditions of liberal democracy, I argue that it is inadequate in radically multicultural societies that house non-liberal cultural minorities. By focusing on Gutmann’s position on minority claims of culture in the liberal West, which follows (...) from Gutmann and Thompson’s theory of deliberative democracy, I attempt to show that the theory of deliberative democracy does not do justice to legitimate claims of culture made by nonliberal minority cultural groups in the liberal West. As a result, I further argue that their deliberative democracy itself is inadequate for radically diverse societies in the West, some of whose members also belong to nonliberal minority cultural groups. (shrink)

Contrastivism about reasons is the view that ‘reason’ expresses a relation with an argument place for a set of alternatives. This is in opposition to a more traditional theory on which reasons are reasons for things simpliciter. I argue that contrastivism provides a solution to a puzzle involving reason claims that explicitly employ ‘rather than’. Contrastivism solves the puzzle by allowing that some fact might be a reason for an action out of one set of alternatives without being a (...) reason for that action out of a different set of alternatives. (shrink)

Does individual desert matter for distributive justice? Is it relevant, for purposes of justice, that the pattern of distribution of justice’s “currency” (be it well-being, resources, preference-satisfaction, capabilities, or something else) is aligned in one or another way with the pattern of individual desert? This paper examines the nexus between desert and distributive justice through the lens of individual claims. The concept of claims (specifically “claims across outcomes”) is a fruitful way to flesh out the content of (...) distributive justice so as to be grounded in the separateness of persons. A claim is a relation between a person and a pair of outcomes. If someone is better off in one outcome than a second, she has a claim in favor of the first. If she is equally well off in the two outcomes, she has a null claim between the two. In turn, whether one outcome is more just than a second depends upon the pattern of claims between them. In prior work, I have elaborated the concept of claims across outcomes, and have used it to provide a unified defense of the Pareto and Pigou-Dalton axioms. Adding some further, plausible, axioms, we arrive at prioritarianism. Here, I consider the possibility of desert-modulated claims—whereby the strength of an individual’s claim between two outcomes is determined not only by her well-being levels in the two outcomes, and her well-being difference between them, but also by her desert. This generalization of the notion of claims suggests a new axiom of justice: Priority for the More Deserving, requiring that, as between two individuals at the same well-being level, a given increment in well-being be allocated to the more deserving one. If individual desert is intrapersonally fixed, this new axiom, together with a desert-modulated version of the Pigou-Dalton principle, and the Pareto axioms, yields a desert-modulated prioritarian account of distributive justice. Trouble arises, however, if an individual’s desert level can be different in different outcomes. In this case of intrapersonally variable desert, Priority for the More Deserving can conflict with the Pareto axioms (both Pareto indifference and strong Pareto). This conflict, I believe, is sufficient reason to abandon the proposal to make claim strength a function of individual desert on top of well-being levels and differences. If distributive justice is truly sensitive to each individual’s separate perspective—if the justice ranking of outcomes is built up from the totality of individual rankings—we should embrace the Pareto axioms as axioms of justice and reject Priority for the More Deserving. In short: desert-modulated prioritarianism is a nonstarter. Rawls was right to sever distributive justice from desert. (shrink)

Many philosophers claim that it is always intrinsically good when people get what they deserve and that there is always at least some reason to give people what they deserve. I highlight problems with this view and defend an alternative. I have two aims. First, I want to expose a gap in certain desert-based justifications of punishment. Second, I want to show that those of us who have intuitions at odds with these justifications have an alternative account of desert at (...) our disposal – one that may lend our intuitions more credibility. (shrink)

The scale and character of past injustice can seem overwhelming. Grievous wrongdoing characterizes so much of human history, both within and between different political communities. This raises a familiar question of reparative justice: what is owed in the present as a result of the unjust actions of the past? This article asks what should be done in situations where contemporary debts stemming from past injustice are massive in scale, and seemingly call for nonideal resolution or settlement. Drawing on recent work (...) by Sara Amighetti and Alasia Nuti on deliberative reparative processes, the article differentiates between two different approaches to settling claims for reparation. The first pursues settlement in a legal or quasi legal sense, seeking to close a matter through discussion, compromise, and bargaining in such a way as to maximize one’s interest while drawing a line under the events in question. The second is grounded not in one’s own interest but in an acknowledgement of the inevitable inadequacy of one’s reparative response. Such an approach to settlement centres the agency of the individuals and groups harmed by past wrongdoing. The article examines the reparations issue with reference to a range of recent cases of alleged settlement, including claims for reparation for torture by the British army in Kenya in the 1950s, for sexual slavery by the Japanese Imperial Army in East Asia in the Second World War, and for genocide by German colonial forces between 1904 and 1908. (shrink)

Particular persons have claims against being made worse off than they could have been. The literature, however, has focused primarily on only two-option cases; yet, these cases fail to capture all of the morally relevant factors, especially when a person’s existence is in question. This paper explores how to assess claims in multiple-option choice sets. We scrutinize the only extant proposal, offered by Michael Otsuka, which we call the Weakening View. In light of its problems, we develop an (...) alternative: the Combining View. The Weakening View holds that a person’s claim against a loss of well-being relative to one distribution is weakened by the availability of further alternatives relative to which the person gains well-being. By contrast, our view holds that a person has an overall claim for or against a certain distribution relative to the whole option set, where overall claims are second-order functions of the different pairwise claims. Finally, we defend the Combining View by exploring its implications for the impact of a person’s possible non-existence on their overall claims, and we develop a proposal for how the number of distributions relative to which a person gains or loses welfare influences the strength of their overall claims. (shrink)

A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these rights and their correlative duties, (...) while remaining neutral on substantive moral debates. I argue that socioeconomic-consideration human rights are satisfactorily claimable and sufficiently practical. (shrink)

I here settle a recent dispute between two rival theories in distributive ethics: Restricted Prioritarianism and the Competing Claims View. Both views mandate that the distribution of benefits and burdens between individuals should be justifiable to each affected party in a way that depends on the strength of each individual’s separately assessed claim to receive a benefit. However, they disagree about what elements constitute the strength of those individuals’ claims. According to restricted prioritarianism, the strength of a claim (...) is determined in ‘prioritarian’ fashion by both what she stands to gain and her absolute level of well-being, while, according to the competing claims view, the strength of a claim is also partly determined by her level of well-being relative to others with conflicting interests. I argue that, suitably modified, the competing claims view is more plausible than restricted prioritarianism. (shrink)

Generative artificial intelligence (Gen AI) and machine learning (ML) technologies are changing the way the insurance industry looks, particularly by integrating Gen AI & ML technologies. As a leading platform for property and casualty insurance, Guidewire provides a perfect platform for deploying intelligent claims processing workflows that can dramatically improve efficiency, accuracy and customer satisfaction. The seamless integration of Gen AI and ML capabilities into Guidewire to autonomously process claims is explored in this paper. Insurers can use advanced (...) models to drive self-driving workflows that are capable of automating tasks like claims triage, fraud detection, damage assessment and settlement optimization. But most importantly, these technologies reduce operational costs, and reduce the human intervention involved such that claims can be handled faster and with more accuracy. In this work, we discuss what technical and strategic considerations need to be taken into account when implementing such workflows, such as data integration, model training, and ethical AI practices. This paper also demonstrates several real-world use cases, the challenges you in each, and the potential to scale these solutions across lines of business. With an eye on the future, autonomous claims processing enables insurers to find their next competitive edge by providing innovative solutions that alter the course of expectations of customers while qualifying to regulatory and compliance standards. Self-driving workflows powered by Gen AI and ML in claims are the future of insurance and their ability to transform the entire process of claims management. (shrink)

Claims are universal when they are not dependent on when and where they are made. Mathematics and the natural sciences are the typical disciplines that allow such claims to be made. Is the striving for universal claims in other disciplines justified? Those who attempt to answer this question in the affirmative often argue that it is justified when mathematics and the natural sciences are taken as the model for other disciplines. In this paper I challenge this position (...) and analyze the issue by looking at it from a new angle, a perspective that involves two key concepts: violence and loyalty. The result of this analysis throws light on the broader question concerning what the search for truth might mean in a pluralistic world. (shrink)

The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the (...) normative critique of LCA, focusing predominantly on the arguments presented by its most incisive proponent Philip Soper. I defend a twofold conclusion. First, LCA, understood roughly along the lines put forward by Joseph Raz, is part of the most attractive analysis of law. Second, proponents of the normative critique, and in particular Soper, are committed to accepting LCA. (shrink)

When Neil MacCormick, in the wake of the launch of the Maastricht Treaty on European Union, went “beyond the Sovereign State” in 1993, he fundamentally challenged the heretofore dominant paradigm of legal ordering in the European context which considered law to be singular, unified and confined within sovereign nation states. The original insight of MacCormick might, however, be pushed even further, as a historical re-construction reveals that legal pluralism is not only a trademark of recent historical times, marked by the (...) European integration process, but has also been at the very core of legal evolution in Europe throughout its modern history. The introduction of modern law in Europe can be traced back to the eleventh and twelfth century Investiture Conflict between the Church and the Emperor, a conflict which solidified the existence of two parallel universes of law, one Church-based and one empire-based, both of which rested, in principle, upon mutually exclusive claims to superiority, but which nonetheless became institutionally stabilized in a manner which allowed for mutual co-existence between them. The existence of such parallel universes of law has throughout, also in the “Westphalian world”, been a central characteristic of European law. It is suggested that the current constellation between the EU and its Member States should be viewed in this light. (shrink)

Recently, researchers and reporters have made a wide range of claims about the distribution, nature, and societal impact of political polarization. Here I offer reasons to believe that, even when they are correct and prima facie merely descriptive, many of these claims have the highly negative side effect of increasing political polarization. This is because of the interplay of two factors that have so far been neglected in the work on political polarization, namely that (1) people have a (...) tendency to conform to descriptive norms (i.e., norms capturing (perceptions of) what others commonly do, think, or feel), and (2) claims about political polarization often convey such norms. Many of these claims thus incline people to behave, cognize, and be affectively disposed in ways that contribute to social division. But there is a silver lining. People’s tendency to conform to descriptive norms also provides the basis for developing new, experimentally testable strategies for counteracting political polarization. I outline three. (shrink)

This paper is not so much concerned with the question under which circumstances self-defense is justified, but rather with other normative features of self-defense as well as with the source of the self-defense justification. I will argue that the aggressor’s rights-forfeiture alone – and hence the liberty-right of the defender to defend himself – cannot explain the intuitively obvious fact that a prohibition on self-defense would wrong victims of attack. This can only be explained by conceiving of self-defense also as (...) a claim-right. However, I will also argue that a claim-right cannot ground the self-defense justification either. Rather, what grounds the self-defense justification and its particular strength and scope is the fact that self-defense is an act-specific agent-relative prerogative: a defender is allowed to give particularly grave weight to his interest in engaging in self-defense, which distinguishes self-defense from most other acts. This is not the same as saying that he has a right or a liberty to engage in self-defense. Thus, self-defense, understood as a normative concept, is a claim-right, a liberty-right, and an act-specific agent-relative prerogative. (shrink)

The scope and type of property rights recognized over the effectiveness of antibiotics have a direct effect on how those claiming ownership engage in the exploitation and stewardship of this scarce resource. We examine the different property claims and rights the four major interest groups are asserting on antibiotics: (i) the inventors, (ii) those demanding that the resource be treated like any other transferable commodity, (iii) those advocating usage restrictions based on good stewardship principles and (iv) those considering the (...) resource as common heritage of humankind. (shrink)

Both courts of law and political theorists have grappled with the problem of giving the concept of ‘need’ a place in our reasoning about the rights and wrongs of property regimes. But in the U.K., legal changes in the last fifteen years have eroded the legal possibilities for striking some compromise between the claims of the needy and the rights of property owners. Against this backdrop this article compares three theoretical accounts of how the fact of human need should (...) impact upon our thinking about property rights: the rights-based arguments of Jeremy Waldron, the radical democratic theory of Lawrence Hamilton and the anarchist commentary of Colin Ward. While ‘theories’ of need have paid much attention to the nature of need ‘itself’, the article argues that this comparison reveals another issue that is just as important: where and how should claims of need be registered in legal and political processes? (shrink)

This paper argues for a conception of the natural rights of non-human animals grounded in Kant’s explanation of the foundation of human rights. The rights in question are rights that are in the first instance held against humanity collectively speaking—against our species conceived as an organized body capable of collective action. The argument proceeds by first developing a similar case for the right of every human individual who is in need of aid to get it, and then showing why the (...) situation of animals is similar. I first review some of the reasons why people are resistant to the idea that animals might have rights. I then explain Kant’s conception of natural rights. I challenge the idea that duties of aid and duties of kindness to animals fit the traditional category of “imperfect duties” and argue that they are instead cases of “imperfect right.” I explain how you can hold a right against a group, and why it is legitimate to conceive of humanity as such a group. I then argue that Kant’s account of the foundation of property rights is grounded in a conception of the common possession of the Earth that grounds a right to aid and the rights of animals to be treated in ways that are consistent with their good. Finally, I return to the objections to the idea that animals have rights and offer some responses to them. (shrink)

Shepherd argues that we can know that there exists a universe external to the mind because that universe is the only possible cause of our sensations. As a part of that argument, Shepherd eliminates the possibility that sensations might be caused by other sensations on the grounds that sensations are merely momentary existences and so not capable of standing in causal relations with each other. And yet she claims that sensations do stand in causal relations to other objects, both (...) as the effects of the combination of the external world, our organs of sense, and our minds, and as the partial causes of other sensations. These claims together generate a puzzle. If sensations are too fleeting to stand in causal relations with each other, how are they nonetheless capable of standing in causal relations to other objects? I suggest that because sensations exist only for a moment, to stand in synchronous causal relations with other sensations would require that the two sensations exist at precisely the same moment. But since cause and effect are identical during the moment in which they are combined, any two sensations that exist for only the moment of their combination are identical. Nothing can be its own cause, so sensations cannot be the sole cause of other sensations. Sensations can be the partial cause or effect of other objects, though, so long as those objects endure for more than a single moment. For example, external objects, organs of sense, and the mind all exist both before and after the moments in which they combine to form a sensation. So while their combination is identical to that sensation in that moment, all of these other objects exist outside of that moment and that combination as well. (shrink)

Plakias has recently argued that there is nothing wrong with publishing defences of philosophical claims which we don't believe and also nothing wrong with concealing our lack of belief, because an author's lack of belief is irrelevant to the merit of a published work. Fleisher has refined this account by limiting the permissibility of publishing without belief to what he calls ‘advocacy role cases’. I argue that such lack of belief is irrelevant only if it is the result of (...) an inexplicable incredulity or the result of a metaphilosophical or epistemic stance that is unrelated to the specific claim. However, in many real-life cases, including Fleisher's advocacy role cases, our doubts regarding the claims we defend arise from reasons that have something to do with the insufficiency of the philosophical evidence supporting the claim, and publishing an unconditional defence of a claim without revealing our doubts is impermissible as it involves withholding philosophically relevant reasons. Plakias has also argued that discouraging philosophers from publishing claims they don't believe would be unfair to junior philosophers with unsettled views. I propose that we should change our academic practices that pressure philosophers to publish articles that pretend to be defences of settled views. (shrink)

This article discusses an anomaly in the English law of reproductive liability: that is, an inconsistency between the law’s approach to wrongful life claims and its approach to cases of negligent selection of gametes or embryos in infertility treatments (the selection cases). The article begins with an account of the legal position, which brings into view the relevant inconsistency: while the law treats wrongful life claims as non- actionable, it recognises a cause of action in the selection cases, (...) although the selection cases bear a relevant resemblance to wrongful life claims. The article then considers arguments that may be invoked in an attempt to reconcile the above two strands of the law. Three of these counterarguments consist in attempts to distinguish the selection cases from wrongful life claims. It is argued that these attempts fail to reveal a valid basis for treating these situations differently. A fourth possible counterargument levels against the present analysis a charge of reductio ad absurdum. It is shown that this argument suffers from a fundamental flaw caused by confusion between different senses of the term “identity”. Finally, the article discusses possible changes to the legal position that could rectify the problem. It argues that one of these changes, which focuses on legal redress for violation of personal autonomy, is particularly apt to resolve the problem at hand, but also highlights the need for further inquiry into the broader implications of introducing this form of redress into the law of torts. (shrink)

The claim has often been made that passing the Turing Test would not be sufficient to prove that a computer program was intelligent because a trivial program could do it, namely, the “Humongous-Table (HT) Program”, which simply looks up in a table what to say next. This claim is examined in detail. Three ground rules are argued for: (1) That the HT program must be exhaustive, and not be based on some vaguely imagined set of tricks. (2) That the HT (...) program must not be created by some set of sentient beings enacting responses to all possible inputs. (3) That in the current state of cognitive science it must be an open possibility that a computational model of the human mind will be developed that accounts for at least its nonphenomenological properties. Given ground rule 3, the HT program could simply be an “optimized” version of some computational model of a mind, created via the automatic application of program-transformation rules [thus satisfying ground rule 2]. Therefore, whatever mental states one would be willing to impute to an ordinary computational model of the human psyche one should be willing to grant to the optimized version as well. Hence no one could dismiss out of hand the possibility that the HT program was intelligent. This conclusion is important because the Humongous-Table Program Argument is the only argument ever marshalled against the sufficiency of the Turing Test, if we exclude arguments that cognitive science is simply not possible. (shrink)

Marya Schechtman has raised a series of worries for the Psychological Continuity Theory of personal identity (PCT) stemming out of what Derek Parfit called the ‘Extreme Claim’. This is roughly the claim that theories like it are unable to explain the importance we attach to personal identity. In her recent Staying Alive (2014), she presents further arguments related to this and sets out a new narrative theory, the Person Life View (PLV), which she sees as solving the problems as well (...) as bringing other advantages over the PCT. I look over some of her earlier arguments and responses to them as a way in to the new issues and theory. I argue that the problems for the PCT and advantages that the PLV brings are all merely apparent, and present no reason for giving up the former for the latter. (shrink)

In the presently unfolding deepfake era, previously unrelated algorithmic superintelligence possibility claims cannot be scientifically analyzed in isolation anymore due to the connected inevitable epistemic interactions that have already commenced. For instance, deep-learning (DL) related algorithmic supremacy claims may intrinsically compete with both neuro-symbolic (NS) algorithmic and further quantum (Q) algorithmic superintelligence achievement claims. Concurrently, a variety of experimental combinations of DL, NS and Q directions are conceivable. While research on these three illustrative variants did not yet (...) offer any clear mutually applicable scientific definition of a purported supremacy level framed as goal, the currently most robust scientific evaluation frameworks would i.a. require a joint testing against pre-existing non-algorithmic supremacy baselines such as e.g. conscious supremacy and cellular supremacy. This autodidactic paper explains why, for scientific reasons, all algorithmic superintelligence achievement claims in the deepfake era can be condensed and subjected to a joint scientific evaluation framework comprising multiple successive civilization-level tasks of epistemic tunneling (ET). In light of this elusive requirement, recent claims of science automation are spurious and misleading. It is vital not to misapprehend algorithmic epistemic dark matter (EDM) mining and epistemic dark energy (EDE) generation as paradigm-shifting ET events. (shrink)

This paper argues that to understand the varieties of wrongs done in coercion, we should examine the dynamic normative relation that the coercer establishes with the coerced. The case rests on a critical examination of coercion by threat, which is proved irreducible to psychological inducement by overwhelming motives, obstruction of agency by impaired consent or deprivation of genuine choice. In contrast to physical coercion, coercion by threat requires the coercee’s participation in deliberation to succeed. For this kind of coercion to (...) be successful, there must be a normative relation established by the coercer and the coercee, in which they recognize each other as rational agents. In such cases, the coercee is wronged in the exercise of her deliberative powers. As a consequence, this form of coercion does not cancel the coercee’s moral responsibility for coerced action. Reclaiming the coercee’s responsibility for action under threat does not diminish the visibility and gravity of the coercer’s wrongdoing. On the contrary, it allows us to capture some features of the coercive relation that otherwise remain unfocused and thus identify the distinctive ways in which the coercee is wronged. (shrink)

Many philosophers and jurists believe that individuals should sometimes be granted religiouslygrounded exemptions from laws or rules. To determine whether an exemption is merited in a particular case, the religious claim must be weighed against the countervailing values that favour the uniform application of the law or rule. This paper develops and applies a framework for assessing the weight of religious claims to exemption, across two dimensions. First, the importance of the burdened religious practice, which is determined by its (...) level of obligatoriness and centrality, according to the beliefs of the individual claimant. Second, the extent of the burden on the practice, which depends on the cost the individual bears if she both undertakes the religious practice and obeys the law or rule, where costs are assessed using an impartial account of individual interests. Exemptions should be granted when claims are weighty on either of these dimensions and the countervailing value is relatively weak. The final section of the paper responds to an important objection to this approach, which concerns administrability. (shrink)

Abstract: In The Imaginary Jean-Paul Sartre makes what will strike many as an implausibly strong claim, namely that perception and imagination are incompatible kinds of experience - I call this the exclusion claim. This paper offers a reconstruction of Sartre’s exclusion claim. First, it frames the claim in terms of cross-modal attention distribution, such that it is not possible to simultaneously attend to what one is imagining and what one is perceiving. However, this leaves it open that a subject can (...) simultaneously imagine and perceive on the condition that either the perceived or imagined objects are not attended to. While this is a philosophically plausible position it fails to do justice to Sartre’s intended position, which suggests a more radical exclusion between perception and imagination. In light of this section 3 develops a supplementary argument to remove one of the possible configurations of attention that the ban on divided attention leaves in place by arguing that the objects of imagining must be attended to, which follows from Sartre’s characterisation of imagination as spontaneous. The resulting exclusion is as follows: attentive perception excludes imagination (and vice versa), given that the latter is necessarily attentive, but attentive imagination can co-occur with non-attentive or background perception (in this sense the exclusion is asymmetric in a way that Sartre fails to recognise). In concluding I detail how from this exclusion we get an important consequence – which Sartre wants the exclusion claim to have – namely that it rules out an imagination-based solution to the problem of perceptual presence. (shrink)

Hegel claims democracy is inappropriate for a modern state and offers two justifications: an empirical one focusing on the failure of existing democracies; and a metaphysical one focusing on the inappropriateness for the modern state of the ideal of individual sovereignty that Hegel associates with democracy. This paper shows how Hegel’s discussion of democracy is relevant to the broader interpretive questions of whether Hegel’s understanding of history and of the development of political institutions is truly empirical and whether Hegel (...) accepts the relativist implications of an empirical approach. (shrink)

The underdetermination of theory by evidence is supposed to be a reason to rethink science. It is not. Many authors claim that underdetermination has momentous consequences for the status of scientific claims, but such claims are hidden in an umbra of obscurity and a penumbra of equivocation. So many various phenomena pass for `underdetermination' that it's tempting to think that it is no unified phenomenon at all, so I begin by providing a framework within which all these worries (...) can be seen as species of one genus: A claim of underdetermination involves (at least implicitly) a set of rival theories, a standard of responsible judgment, and a scope of circumstances in which responsible choice between the rivals is impossible. Within this framework, I show that one variety of underdetermination motivated modern scepticism and thus is a familiar problem at the heart of epistemology. I survey arguments that infer from underdetermination to some reëvaluation of science: top-down arguments infer a priori from the ubiquity of underdetermination to some conclusion about science; bottom-up arguments infer from specific instances of underdetermination, to the claim that underdetermination is widespread, and then to some conclusion about science. The top-down arguments either fail to deliver underdetermination of any great significance or (as with modern scepticism) deliver some well-worn epistemic concern. The bottom-up arguments must rely on cases. I consider several promising cases and find them to either be so specialized that they cannot underwrite conclusions about science in general or not be underdetermined at all. Neither top-down nor bottom-up arguments can motivate any deep reconsideration of science. (shrink)

Against interpretations of Kant that would assimilate the universality claim in judgments of taste either to moral demands or to theoretical assertions, I argue that it is for Kant a normative requirement shared with ordinary empirical judgments. This raises the question of why the universal agreement required by a judgment of taste should consist in the sharing of a feeling, rather than simply in the sharing of a thought. Kant’s answer is that in a judgment of taste, a feeling assumes (...) the role of predicate. Such a solution presents a problem as serious as the one it purports to solve. (shrink)

While epistemic democrats have claimed that majority rule recruits the wisdom of the crowd to identify correct answers to political problems, the conjecture remains abstract. This article illustrates how majority rule leverages the epistemic capacity of the electorate to practically enhance the instrumental value of elections. To do so, we identify a set of sufficient conditions that effect such a majority rule mechanism, even when the decision in question is multidimensional. We then look to the case of sociotropic economic voting (...) in US presidential elections to provide empirical tractability for these conditions. We find that absent such an epistemic capacity a number of presidential elections might well have been decided differently. By generating clear conditions for the plausibility of claims made by epistemic democrats, and demonstrating their correspondence to empirical data, this article strengthens the broader instrumental grounds recommending democracy. (shrink)

Leibniz claimed that the universe, if God-created, would be physically and morally optimal in this conjoint sense: Of all possible worlds, it would be richest in phenomena, but its richness would arise from the simplest physical laws and conditions. This claim raises two difficult questions. First, why would this “richest/simplest” world be morally optimal? Second, what is the optimal balance between these competing criteria? The latter question is especially hard to answer in the context of a multiverse or multi-domain universe. (...) Leibniz focused on goodness as God’s motive in creation. “This is the cause of the existence of the best: that his wisdom makes it known to God, his goodness makes him choose it, and his power lets him produce it.” This article suggests that love is God’s motive. Since love entails acting to both benefit and be with the beloved, limitless love would entail God’s becoming as much unified reality as possible. The physical laws that govern the universe and its vast richness of phenomena appear to be those that we should expect if this claim is true and there are ways of testing the closeness of this fit. The claim that God has become the world (pandeism) also offers a satisfying resolution to the problem of evil. (shrink)

While environmental claims are increasingly used by companies to appeal consumers, they also attract greater scrutiny from independent parties interested in consumer protection. Consumers are now able to compare corporate environmental claims against external, often disconfirming, information to form their brand attitudes and purchase intentions. What remains unclear is how the level of information specificity of both the environmental claims and external disconfirming information interact to influence consumer reactions. Two experiments address this gap in the CSR communication (...) literature. When specific claims are countered by specific external information, consumers report more negative brand attitudes and lower purchase intentions. The effect is serially mediated by skepticism toward the claims and lack of corporate credibility. We conclude by discussing strategies that firms can utilize to avoid information dilution and ensure that external disconfirming information percolates to consumers as specific. (shrink)

Kant has been interpreted as claiming that persons possess unconditional and incomparable value. If this claim, which I call the “absolute value claim,” entails that persons are valuable in all circumstances and cannot be valued vis-à-vis each other, then its philosophical validity may be disputed. I point to passages in which Kant can be understood as saying that persons, as opposed to non-persons, can be thought to have absolute value, but persons performing immoral actions can be denied value. I argue (...) that if we accept these propositions, then, at least from the Kantian standpoint, some well-known cases which seem to problematize the absolute value claim—a soldier sacrifices himself in battle to save four of his comrades; a person kills another person in order to save his own life; should a scarce life-saving drug be given to a young or an old person?—need not be seen prima facie to undermine the philosophical viability of this claim. (shrink)

A common response to claims of bias, harassment, or discrimination is to say that these claims are made in bad faith. Claimants are supposedly not motivated by a credible or even sincere belief that unfair or unequal treatment has occurred, but simply seek to illicitly gain public sympathy or private reward. Characterizing discrimination claims as systematically made in bad faith enables them to be screened and dismissed prior to engaging with them on their merits. This retort preserves (...) the dominant group’s self-image as unprejudiced and innocent without having to risk critical analysis of the claim’s substance. (shrink)

This essay reviews the domain of the literary contrasting it with other intellectual discourses; especially philosophy. It establishes the superiority of literature over philosophy. And mentions the philosophies informing literature. The essay is written consciously with copious endnotes, contrary to current ways of writing. The essay proper is simple; the endnotes often mock jargon and mimic pedantry.

Logical empiricism is commonly seen as a counter-position to scientific realism. In the present paper it is shown that there indeed existed a realist faction within the logical empiricist movement. In particular, I shall point out that at least four types of realistic arguments can be distinguished within this faction: Reichenbach’s ‘probabilistic argument,’ Feigl’s ‘pragmatic argument,’ Hempel’s ‘indispensability argument,’ and Kaila’s ‘invariantist argument.’ All these variations of arguments are intended to prevent the logical empiricist agenda from the shortcomings of radical (...) positivism, instrumentalism, and other forms of scientific antirealism. On the whole, it will be seen that logical empiricism and scientific realism are essentially compatible with each other. Especially Kaila’s invariantist approach to science (and nature) comes quite close to what nowadays is discussed under the label ‘structural realism.’ This, in turn, necessitates a fundamental reevaluation of Kaila’s role in the logical empiricist movement in particular and in twentieth-century philosophy of science in general. (shrink)

Slavery harmed the slaves but not their descendants since slavery brought about their existence. The descendants gain the slaves’ claims via inheritance. However, collecting the inheritance-based claim runs into a number of difficulties. First, every descendant usually has no more than a portion of the slave’s claim because the claim is often divided over generations. Second, there are epistemic difficulties involving the ownership of the claim since it is unlikely that a descendant of a slave several generations removed would (...) have retained the claim of inheritance given the loss of wealth and disinheritance that often characterizes families. There are also problems in determining the amount of inheritance. This is in part because of the problems of calculating in the effects of offsets, especially crime-related offsets, which are owed by a significant portion of the descendants. Even if this inheritance claim can be established with sufficient confidence certain entities may not be asked to pay it. The federal government does not owe compensation since as a historical matter it permitted but did not cause enslavement. The beneficiaries of slavery do not owe compensation since merely receiving the benefit of an unjust activity does not by itself generate a debt of compensation. When combined these problems constitute an overwhelming case against reparations. (shrink)

P&C insurers have an important role in addressing financial risk management needs but now struggle to respond to the new forms of risk. Historical analysis and actuarial calculations, which form the backbone of classical approaches to risk measurement and management, are not well suited to such new kinds of risks as climate change, cyber risks, and business cycle risks. These conventional approaches are also a static method for selling, which has limited potential in changing quickly with new market and consumer (...) changes. However, the development of AI, big data, or advanced predictive analytics has provided a new paradigm to such challenges to cope with and analyze big data dynamically to derive Applying a combination of best Machine Learning (ML), natural language processing (NLP) and other AI techniques, it will become possible to predict risks exposures, as well as optimize underwriting and claims processing. In this paper, the author investigates the opportunities that AI carries within the sphere of reformation of risk evaluation approaches in P&C insurance. In particular, it discusses the ever-emerging field with AI models integrated into operations, underwriting, fraud detection, claims modelling, and loss computation. The applied research uses a comprehensive bibliographical review to present past and present practices and assess modern AI implementations. This paper uses research approaches and case studies to prove that AI can solve some problems and bring cost-saving solutions. Moreover, it emphasizes the ability of predictive analytics to enhance customer satisfaction at the policy level as well as optimize operations. However, the paper also explores the dirty side of implementation, including the stipulations surrounding compliance and data privacy and thus provides an objective analysis of the future of AI use in the P&C Insurance Industry. (shrink)

Is it tautological to call an action "wrongful discrimination?" Some philosophers and political theorists answer this question in the affirmative and claim that the term "discrimination" is intrinsically evaluative. Others agree that "discrimination" usually conveys the action’s moral wrongness but claim that the term can be used in a purely descriptive way. In this paper, we present two corpus studies and two experiments designed to test whether the folk concept of discrimination is evaluative. We demonstrate that the term has undergone (...) a historical development and is nowadays no longer used purely descriptively. Further, we show that this evaluation cannot be cancelled without yielding a contradiction. We conclude that the descriptive use of "discriminatory" is a thing of the past. (shrink)

Captured in narrative textual form through open-ended and tape-recorded interview conversations, visitor experience was interpreted to construct a description of visitors' relationships to place while at the same time providing insights for those who manage the national park. Humans are conceived of as meaning-makers, and outdoor recreation is viewed as emergent experience that can enrich peoples' lives rather than a predictable outcome of processing information encountered in the setting. This process-oriented approach positions subjective well-being and positive experience in the ongoing (...) processes and activities that comprise our life pursuits rather than in particular end states toward which behaviors might be directed as in the case of end state frameworks. Several themes emerged in the interpretation across narratives including a relationship of stewardship/sense of respectful mitigation, socially constructed dimensions of the wilderness concept, which both converged with and deviated from definitions in The Wilderness Act of 1964, humans positioned as both part of wilderness and separate from it, description of a process whereby people form a relationship to protected places, and an awareness among visitors of the overarching management dilemma of how to balance human visitation with protection. Management insights and general implications that emerged from the overall interpretation such as using narrative illustration to enhance visitor education were summarized. It is suggested that the particularities of the setting, in conjunction with the process-oriented creation of meaning via varying levels of physical and social interaction with the setting each play important roles, perhaps at different times, for visitors' relationships to places within the Park. The process of forming long-term relationships to places is highlighted as the common thread running through the interpretation. The value of the national park is seen to lie in these relationships, which are time and context dependent, not necessarily in the attributes of the park, many of which are generic to other protected areas in North America. The dissertation concluded with an evaluation of this interpretation based on these implications and insights and provided direction for further research to learn about the processes involved with forming relationships to protected places. (shrink)

In this paper I will discuss two aspects of ignorance of the law: ignorance of illegality (including mistaking the law) and ignorance of the penalty; and I will look at the implications for natives, for tourists and for immigrants. I will argue that Carlos Nino's consensual theory of punishment needs to rely on two premises in order to justify that (claiming) ignorance of the law is no excuse. The first premise explains why individuals are presumed to 'know' current laws. The (...) second premise explains why individuals are presumed to 'know' new legislation. (shrink)

Social and medical scientists frequently produce empirical generalizations that involve concepts partly defined by value judgments. These generalizations, which have been called ‘mixed claims’, raise interesting questions. Does the presence of them in science imply that science is value-laden? Is the value-ladenness of mixed claims special compared to other kinds of value-ladenness of science? Do we lose epistemically if we reformulate these claims as conditional statements? And if we want to allow mixed claims in science, do (...) we need a new account of how to reconcile values with objectivity? Alexandrova (2017, 2018) offers affirmative answers to these questions. In responding to Alexandrova’s arguments, this discussion note motivates negative ones and in doing so casts new light on mixed claims. (shrink)

This critical review aims to more fully situate the claim Martin Heidegger makes in ‘Letter on Humanism’ that a “productive dialogue” between his work and that of Karl Marx is possible. The prompt for this is Paul Laurence Hemming’s recently published Heidegger and Marx: A Productive Dialogue over the Language of Humanism (2013) which omits to fully account for the historical situation which motivated Heidegger’s seemingly positive endorsement of Marxism. This piece will show that there were significant external factors which (...) influenced Heidegger’s claim and that, when seen within his broader corpus, these particular comments in “Letter on Humanism” are evidently disingenuous, given that his general opinion of Marxism can only be described as vitriolic. Any attempt to explore how such a “productive dialogue” could be construed must fully contextualise Heidegger’s claim for it. This piece will aim to do that, and more broadly explore Heidegger’s general opinion of Marxism. (shrink)

Reports of the intent to kill oneself are not always met with the credibility they deserve, with potentially fatal results. We recognise this as testimonial injustice, whereby a person’s testimony is not taken seriously due to a pervasive identity prejudice attached to the speaker (Fricker 2007). To meet the government’s ‘zero suicide ambition’ for mental health patients, we need to adopt epistemically just methods of evaluating suicide claims.

Indicative conditionals and tendency causal claims are closely related (e.g., Frosch and Byrne, 2012), but despite these connections, they are usually studied separately. A unifying framework could consist in their dependence on probabilistic factors such as high conditional probability and statistical relevance (e.g., Adams, 1975; Eells, 1991; Douven, 2008, 2015). This paper presents a comparative empirical study on differences between judgments on tendency causal claims and indicative conditionals, how these judgments are driven by probabilistic factors, and how these (...) factors differ in their predictive power for both causal and conditional claims. (shrink)

The scope of the just judicial decision identifies the conceptual solidity not only of the legal order within which the decisional act is inserted as a category but also of the degree of rational recognition that this normative order socially communicates as fair. In this context, a judicial decision issued rationally within a contractually signed system is always pure positive law, but positive law, after all, is characterized by the fact that the act of issuing a sentence will always be (...) a representation of the jurisdictional power of the State. It will then be the State as a positive institution that, fulfilling its duty of subjection to the principle of the rule of law, assumes as its mandate the linguistic communication of the normative text. A normative decision (judgment), legally binding, issued in the aforementioned circumstances, always runs the risk of being qualified as intolerable, or, as Radbruch puts it, an unjust decision. It is there, where, in principle, lies the purpose of this essay, trying to establish what is the basis for the rational validity of the fair judicial decision. (shrink)

In “Stereotyping as Discrimination: Why Thoughts Can Be Discriminatory,” I propose that stereotyping someone—even if you manage to keep your thoughts hidden and don’t act on them—can constitute a form of discrimination (2021b). What, Alex Madva asks, are the practical implications of this claim? Even if I am correct that stereotyping constitutes a form of discriminatory treatment, it’s still possible that people should keep on speaking and acting as if “discrimination” refers exclusively to behaviors and policies. He invites me to (...) explore the “potential payoffs and perils” of referring to thoughts and perceptions as discriminatory, especially as they relate to legal practice and social-scientific inquiry (2021, 46). (shrink)

John Broome has proposed a theory of fairness according to which fairness requires that agents’ claims to goods be satisfied in proportion to the relative strength of those claims. In the case of competing claims for a single indivisible good, Broome argues that what fairness requires is the use of a weighted lottery as a surrogate to satisfying the competing claims: the relative chance of each claimant's winning the lottery should be set to the relative strength (...) of each claimant's claim. In this journal, James Kirkpatrick and Nick Eastwood have objected that the use of weighted lotteries in the case of indivisible goods is unacceptable. In this article, I explain why Kirkpatrick and Eastwood's objection misses its mark. (shrink)

Some contemporary theologically inclined epistemologists, the reformed epistemologists, have attempted to show that belief in God is rational by appealing directly to a special kind of experience. To strengthen the appeal to this particular, and admittedly peculiar, type of experience these venture to draw a parallel between such experiences and normal perceptual experiences in order to show that, by parity of reasoning, if beliefs formed on the basis of the later are taken to be justified and rational to hold, then (...) beliefs formed on the basis of the former should also be regarded as justified and rational to hold. Such appeals to religious experience have been discussed and/or made by Robert Pargetter, Alvin Plantinga and William Alston and they claim that they provide sufficient warrant for religious beliefs, specifically for the belief that God exists. The main critical issue that will be raised here concerns the coherence of this notion of religious experience itself and whether such appeals to religious experience really provide justification for belief in the existence of God.<br><br>. (shrink)

The objective of the paper is to justify the claim for animals‟ rights. For years, it is one of the most debated questions in the field of applied ethics whether animals‟ have rights or not. There are a number of philosophers who hold that animals are neither moral agent nor rational being and hence animals have no rights because the concept of rights is applicable only to the rational beings. On the other hand the proponents of animals‟ rights contend that (...) the standard for having rights is not active rationality but sentience and animals have sentience as they feel pain. So they are also subject to have rights. The main questions to be justified in this essay are, what is it to say that animals have rights? Can animals have any rights at all, if yes, how far? Is it the moral obligation of the human being to ensure animals rights? Considering the questions, in this essay, it will be shown that animals have limited rights and not all animals are subject to having the same rights. It depends on the proportion of their having capacity and capability for the same. It will be tried to make a consensus between the two groups by the way that there are some aspects where we are to acknowledge the rights of animal. It will be shown that not all animals are subject to equal rights. (shrink)