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Baron. Excuses, Excuses
2007, Criminal Law and Philosophy 1 (1):21-39
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Added by: Simon Fokt, Contributed by: Joe Slater
Abstract: Justifications and excuses are defenses that exculpate. They are therefore much more like each other than like such defenses as diplomatic immunity, which does not exculpate. But they exculpate in different ways, and it has proven difficult to agree on just what that difference consists in. In this paper I take a step back from justification and excuse as concepts in criminal law, and look at the concepts as they arise in everyday life. To keep the task manageable, I focus primarily on excuses and excusing activities, distinguishing them from justifications as well as from other close relatives, in particular, forgiving and pardoning. I draw upon J.L. Austin-s classic 'A Plea for Excuses,' but expand on his account, suggesting that we offer excuses for reasons besides those he mentions. My hope is that my examination of excuses and excusing activities will help us rethink our views on just how justifications and excuses differ, views which often are worked out without much attention to how these concepts function in everyday life and to the connection between offers of excuses and justifications and the ‘'rules of civility.'

Comment: Baron explains the typical distinction between justifications and excuses. Her examination of these concepts draws upon Austin's 'A Plea for Excuses', and use of the everyday concept, she presses for a rethink of how philosophers and legal theorists think about excuses.

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Elgin, Z. Catherine. Non-foundationalist epistemology: Holism, coherence, and tenability
2005, in Steup, Matthias and Sosa, Ernest (eds.), Contemporary Debates in Epistemology, Boston: Blackwell, 2005, pp. 156-167
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Added by: Giada Fratantonio
Summary: In this paper, the author argues that epistemic justification is explained out by coherentism. Although coherence is not the ground of truth, it is the source of epistemic justification.

Comment: This can be used as secondary/further reading for a postgraduate course in epistemology, focusing on the foundationalism/coherentism debate on epistemic justification.

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Haack, Susan. The Justification of Deduction
1976, Mind 85 (337): 112-119.
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Added by: Jie Gao
Abstract: It is often taken for granted by writers who propose - and, for that matter, by writers who oppose - 'justifications' of inductions, that deduction either does not need, or can readily be provided with, justification. The purpose of this paper is to argue that, contrary to this common opinion, problems analogous to those which, notoriously, arise in the attempt to justify induction, also arise in the attempt to justify deduction.

Comment: This paper argues that justification for deduction, like justification for induction, also has the problem of circularity. It is suitable for teachings on topic of justification for inference in a course on philosophy of logic.

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Kelly, Erin, McPherson, Lionel. On tolerating the unreasonable
2001, Journal of Political Philosophy 9(1): 38–55.
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Added by: Simon Fokt
Diversifying Syllabi: Justice requires us to acknowledge the claims of morally or philosophically unreasonable persons, as long as they are politically reasonable; such people must be tolerated and considered part of the social contract. Toleration as wide public justification is the proper response to the pluralism characteristic of modern democratic societies.

Comment: This text is useful as a commentary or response to the debate about (un)reasonableness and legitimacy sparked by Rawls. More specifically, it offers a distinction between political and philosophical reasonableness, which the authors use to argue against interpreting or developing Rawls's political liberalism in a less tolerant direction. The section on Barbara Herman's 'Pluralism and the Community of Moral Judgment' helpfully distils a major faultline within liberal political philosophy.

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Pitkin, Hanna. Obligation and Consent – I
1965, The American Political Science Review 59, December: 990-999.
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Added by: Carl Fox
Introduction: One might suppose that if political theorists are by now clear about anything at all, they should be clear about the problem of political obligation and the solution to it most commonly offered, the doctrine of consent. The greatest modern political theorists took up this problem and formulated this answer. The resulting theories are deeply imbedded in our American political tradition; as a consequence we are al- ready taught a sort of rudimentary consent theory in high school. And yet I want to suggest that we are not even now clear on what "the problem of political obligation" is, what sorts of "answers" are appropriate to it, what the con- sent answer really says, or whether it is a satis- factory answer. This essay is designed to point up the extent of our confusion, to explore some of the ground anew as best it can, and to invite further effort by others. That such effort is worthwhile, that such political theory is still worth considering and that it can be made genuinely relevant to our world, are the assump- tions on which this essay rests and the larger message it is meant to convey

Comment: Still a good introduction to the topic of political obligation and does a nice job of distinguishing some of the main questions within that topic. Very thorough discussion of Locke. The third section on Tussman is a bit dated, but does discuss some of the issues surrounding political obligation and children and adults who are not fully competent.

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Pitkin, Hanna. Obligation and Consent – II
1966, The American Political Science Review 60, March: 39-52.
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Added by: Carl Fox
Introduction: [The doctrine of "hypothetical consent"] teaches that your obligation depends not on any actual act of consenting, past or present, by yourself or your fellow-citizens, but on the character of the government. If it is a good, just government doing what a government should, then you must obey it; if it is a tyrannical, unjust government trying to do what no government may, then you have no such obligation. Or to put it another way, your obligation depends not on whether you have consented but on whether the government is such that you ought to consent to it, whether its actions are in accord with the authority a hypothetical group of rational men in a hypothetical state of nature would have (had) to give to any government they were founding. Having shown how this formulation emerges from Locke's and Tussman's ideas, I want now to defend it as a valid response to what troubles us about political obligation, and as a response more consonant than most with the moral realities of human decisions about obedience and resistance. At the same time the discussion should also demonstrate how many different or even conflicting things that one might want to call "consent" continue to be relevant - a fact which may help to explain the tenacity of traditional consent theory in the face of its manifest difficulties. Such a defense and demonstration, with detailed attention to such decisions, are difficult; the discussion from here on will be more speculative, and will raise more questions than it answers.

Comment: Largely superseded by later work (see, for instance, Stark's 'Hypothetical Consent and Justification'), but still an interesting exploration of hypothetical consent and legitimate authority, as well as offering further critique of actual consent theories of political obligation. Would make for good further reading or an option for anyone attracted to more of a history of philosophy approach.

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Shellenberg, Susanna. Phenomenal Evidence and Factive Evidence
, in Symposium withcomments by Matt McGrath, Ram Neta, and Adam Pautz, Philosophical Studies
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Added by: Giada Fratantonio
Summary: In this paper, the author presents the so-called capacity view, namely, the view that "that perceptual states are systematically linked to what they are of in the good case, that is, the case of a successful perception, and thereby provide evidence for what they are of in the good case". The author discusses the main committments of the view and the implications it has when it comes to the justification of our beliefs and the transparency of our mental states.

Comment: Good as further reading for a postgraduate course on epistemology of percpetion.

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Stark, Cynthia A.. Hypothetical Consent and Justification
2000, Journal of Philosophy 97 (6): 313-334.
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Added by: Carl Fox
Introduction: The social-contract tradition in moral and political thought can be loosely characterized as an approach to justification based on the idea of rational agreement. This tradition contains a variety of theories that are put to a number of uses. My exclusive focus here will be contract views that rely upon hypothetical, as opposed to actual, consent. My main objective is to defend hypothetical-consent theories against what I call the standard indictment: the claim that hypothetical consent cannot give rise to obligation. I begin by explaining the standard indictment in more detail; next, I argue that the standard indictment does not apply to moral, as contrasted with, political contractarianism; finally, I argue that, on a certain understanding of the relation between political legitimacy and political obligation, the standard indictment does not count against political contractarianism.

Comment: Defends the significance of hypothetical consent as the standard of justification appropriate for establishing moral obligation in a broadly constructivist view. Very useful as specialised or further reading on moral and political obligation.

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Zagzebski, Linda. The inescapability of Gettier Problems
1994, Philosophical Quarterly 44 (174): 65-73.
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Added by: Jie Gao
Conclusion: Almost every contemporary theory of justification or warrant aims only to give the conditions for putting the believer in the best position for getting the truth. The best position is assumed to be very good, but imperfect, for such is life. Properly functioning faculties need not be working perfectly, but only well enough; reliable belief-producing mechanisms need not be perfectly reliable, only reliable enough; evidence for a belief need not support it conclusively, but only well enough; and so on. As long as the truth is never assured by the conditions which make the state justified, there will be situations in which a false belief is justified. I argue that with this common, in fact, almost universal assumption, Gettier cases will never go away.

Comment: This is a great paper on the Gettier problem for epistemic justification. It is often used in combination with the original paper by Gettier in elucidating the nature of the Gettier problem. Suitable for undergraduate epistemology courses.

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