Abstract: This article assesses the development of Rawls’s thinking in response to a generation of feminist critique. Two principle criticisms are sustainable throughout his work: first, that the family, as a basic institution of society, must be subject to the principles of justice if its members are to be free and equal members of society; and, second, that without such social and political equality, justice as fairness is as meaningful to women as the unrealized promise of ‘Forty acres and a mule’ was to the newly freed slaves.
The Evolution of Vagueness
Abstract: Vague predicates, those that exhibit borderline cases, pose a persistent problem for philosophers and logicians. Although they are ubiquitous in natural language, when used in a logical context, vague predicates lead to contradiction. This paper will address a question that is intimately related to this problem. Given their inherent imprecision, why do vague predicates arise in the first place? I discuss a variation of the signaling game where the state space is treated as contiguous, i.e., endowed with a metric that captures a similarity relation over states. This added structure is manifested in payoffs that reward approximate coordination between sender and receiver as well as perfect coordination. I evolve these games using a variation of Herrnstein reinforcement learning that better reflects the generalizing learning strategies real-world actors use in situations where states of the world are similar. In these simulations, signaling can develop very quickly, and the signals are vague in much the way ordinary language predicates are vague – they each exclusively apply to certain items, but for some transition period both signals apply to varying degrees. Moreover, I show that under certain parameter values, in particular when state spaces are large and time is limited, learning generalization of this sort yields strategies with higher payoffs than standard Herrnstein reinforcement learning. These models may then help explain why the phenomenon of vagueness arises in natural language: the learning strategies that allow actors to quickly and effectively develop signaling conventions in contiguous state spaces make it unavoidable
Probability in Biology: The Case of Fitness
Abstract: I argue that the propensity interpretation of fitness, properly understood, not only solves the explanatory circularity problem and the mismatch problem, but can also withstand the Pandora’s box full of problems that have been thrown at it. Fitness is the propensity (i.e., probabilistic ability, based on heritable physical traits) for organisms or types of organisms to survive and reproduce in particular environments and in particular populations for a specified number of generations; if greater than one generation, ‘reproduction’ includes descendants of descendants. Fitness values can be described in terms of distributions of propensities to produce varying number of offspring and can be modeled for any number of generations using computer simulations, thus providing both predictive power and a means for comparing the fitness of different phenotypes. Fitness is a causal concept, most notably at the population level, where fitness differences are causally responsible for differences in reproductive success. Relative fitness is ultimately what matters for natural selection.
Including Trans Women in Sport: Analyzing Principles and Policies of Fairness in Competition
Abstract: In this paper, we examine the scientific, legal, and ethical foundations for inclusion of transgender women athletes in competitive sport, drawing on IOC principles and relevant Court of Arbitration for Sport decisions. We argue that the inclusion of transathletes in competition commensurate with their legal gender is the most consistent position with these principles of fair and equitable sport. Biological restrictions, such as endogenous testosterone limits, are not consistent with IOC and CAS principles. We explore the implications for recognizing that endogenous testosterone values are a natural physical trait and that excluding legally recognized women for high endogenous testosterone values constitutes discrimination on the basis of a natural physical trait. We suggest that the justificatory burden for such prima facie discrimination is unlikely to be met. Thus, in place of a limit on endogenous testosterone for women (whether cisgender, transgender, or intersex), we argue that legally recognized gender is most fully in line with IOC and CAS principles.
Welfare and Harm After Death
Abstract: My aim in this essay is to defend the claim that posthumous harm is possible against an argument that assumes that an event harms a person only if it makes it the case that his or her welfare diminishes (compared to some benchmark) and further assumes that no one exists after death. This argument gets a purchase against posthumous harm only if one adds what I call Mortality-Bounded Welfare: the thesis that no events that occur after the end of one-s life can detrimentally affect one-s welfare. I accept the first two assumptions with some modification, but provide an argument to reject Mortality-Bounded Welfare. Although I use an argument form familiar in these kinds of discussions — contrast cases in a thought-experiment, one involving an undeniably living person, and one not — my defense of the thesis that the boundaries of welfare-affecting events may extend beyond the existence of the person in question is novel. My strategy is to make a case for a human condition having residual boundaries, by which I mean that it may obtain because of events that postdate a person, and then argue that it affects welfare. In the course of my argument, I provide a subsidiary argument that rights have residual boundaries. In particular, I argue that once rights vest (in existing people), they delineate not only a sphere of behavior that satisfies the rights but also a sphere of rights-violating behavior on the part of others. Unless this delineation is defeated by moral means, actual behavior on the part of others that falls within the respective spheres is right-satisfying or right-violating. The story does not change with regard to a right to performances potentially or necessarily postdating the right-holder.
Unlike some attempts to argue that posthumous harm is possible, my defense of the possibility of posthumous harm is compatible with various metaphysical positions about when a posthumous harm occurs.
I go on to demonstrate that my thought-experiment argument is free of an important objection (raised by Taylor, 2005) to two well-known attempts to defend posthumous harm on the basis of thought-experiments, Parfit-s (1984) and Feinberg-s (1984).
For the sake of completeness, I sketch a different thought-experiment argument against Mortality-Bounded Welfare. I explain why this different thought-experiment does not make use of the idea of rights with residual boundaries.
In closing, I trace a recent attempt, grounded in our agency, to argue for the possibility of posthumous harm. This attempt accepts, as mine does, the assumptions about welfare diminution and nonexistence after death and is likewise compatible with various metaphysical positions about when posthumous harm occurs. The argument in question is provided by Keller (2004) and is compatible with analyses of welfare offered by Scanlon and Raz. Although I grant its underlying assumption that agency sometimes has a posthumous extension, I argue that my defense of the possibility of posthumous harm is superior to this one by expanding on a recent criticism of its position on welfare offered by Bradley (2007).
Are There Any Positive Rights?
This essay is aimed at those moral philosophers who recognize a certain category of negative moral rights, but refuse to recognize a similar category of positive moral rights. That category consists of moral rights normally held by human beings. Such rights may be called “natural moral rights.” My thesis is that if there is a natural negative right not to be killed, then — contra Thomson, Nozick and others — there must be at least one natural positive right, which might be called a “right not to be allowed to die.”
Taking Deterrence Seriously: The Wide-Scope Deterrence Theory of Punishment
Abstract: A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant.This article revisits the concept of deterrence and defend a more plausible deterrence theory of punishment – the wide-scope deterrence theory. The wide-scope theory holds that we must make the best use of all the deterrence tools available, including both external and internal sanctions. Drawing on insights from the early Confucian tradition, the article develops a deep deterrence theory, which holds that the most important deterrence tool involves internal, not external, sanction. It describes how internal sanctions deter potential offenses and why relevant policies need not conflict with liberalism’s respect for neutrality.
Extended cognition and the metaphysics of mind
Abstract: This paper explores the relationship between several ideas about the mind and cognition. The hypothesis of extended cognition claims that cognitive processes can and do extend outside the head, that elements of the world around us can actually become parts of our cognitive systems. It has recently been suggested that the hypothesis of extended cognition is entailed by one of the foremost philosophical positions on the nature of the mind: functionalism, the thesis that mental states are defined by their functional relations rather than by their physical constituents. Furthermore, it has been claimed that functionalism entails a version of extended cognition which is sufficiently radical as to be obviously false. I survey the debate and propose several ways of avoiding this conclusion, emphasizing the importance of distinguishing the hypothesis of extended cognition from the related notion of the extended mind.
Fission May Kill You (But Not for the Reasons You Thought)
Abstract: If a person, A, branches into B and C, then it is widely held that B and C are not identical to one another. Many think that this is because B and C have contradictory properties at the same time. In this paper, I show why this explanation cannot be right. I argue that contradictory properties at times are not necessary for non-identity between descendants, and that contradictory properties at times are not sufficient for non-identity. I also argue that the standard explanation cannot be salvaged by a shift to personal time. Appeals to a lack of continuity, or to the absence of unity of consciousness likewise fail. Rather, B and C are non-identical simply because A branched into B and C. Why branching should be problematic for personal identity remains a deep puzzle though I offer some tentative suggestions.
Motivational Internalism and the Challenge of Amoralism
Article: Motivational internalism is the thesis that captures the commonplace thought that moral judgements are necessarily motivationally efficacious. But this thesis appears to be in tension with another aspect of our ordinary moral experience. Proponents of the contrast thesis, motivational externalism, cite everyday examples of amoralism to demonstrate that it is conceptually possible to be completely unmoved by what seem to be sincere first-person moral judgements. This paper argues that the challenge of amoralism gives us no reason to reject or modify motivational internalism. Instead of attempting to diagnose the motivational failure of the amoral agent or restrict the internalist thesis in the face of these examples, I argue that we should critically examine the assumptions that underlie the challenge. Such an examination reveals that the examples smuggle in substantive assumptions that the internalist has no reason to accept. This argument has two important implications for the debate in moral motivation: first, it reveals that the motivational externalist needs a new argumentative strategy; and second, it shows that there is nothing especially problematic about a formulation of the thesis that captures the core internalist intuition that first-person moral judgements are necessarily accompanied by motivation.