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Chapter 10 questions whether law should widen its lens to address general appearance discrimination too. Would a protected characteristic of appearance offer viable legal rights to the many millions of us who do not have a disfigurement but are less-than-beautiful in some way? For example, is appearance objective enough to be adjudicated in law? Is a clear distinction between mutable and immutable aspects of appearance important – or even possible given increasing medico-cosmetic opportunities to change the way our bodies look? Do we have an unobjectionable nomenclature to describe appearance and attractiveness in legal terms? And could we swallow well-meaning employers’ attempts to measure the attractiveness of their staff for the purposes of diversity monitoring? The discussion draws on examples of comparative laws in France and America. Both countries have adopted wider conceptions of appearance equality, and America’s laws have seen a recent period of growth, with Binghampton, New York, the latest to vote such a law onto its statute books in 2023. However, both sets of laws remain little used so far, despite evidence showing that appearance discrimination remains prevalent. How could we ensure that a protected characteristic of appearance in the UK avoided a similar fate?
This paper explores whether public reason liberals have an obligation to justify the factual claims that underpin coercive norms. Traditionally, liberal theorists have focused on justifying moral principles, assuming that empirical facts are either (1) not as deeply relevant to people’s lives as moral beliefs or (2) can be easily resolved through expert consensus. However, increasing public disputes over scientific facts and recent findings in cognitive psychology challenge these assumptions. I contest this view by presenting three counterarguments. The Inseparability Argument states that factual and moral claims are deeply intertwined, and many empirical beliefs are rooted in broader worldviews that shape personal identities; the Equivalence of Public Reasons Argument maintains that, insofar as factual claims play a decisive role in shaping coercive policies, they must be subjected to the same justificatory standards as moral claims; finally, the Argument from Epistemic Pluralism claims that liberal societies are not only morally but also epistemically diverse, with citizens holding competing views on what counts as reliable knowledge. Together, these arguments support the existence of a Liberal Duty of Factual Justification (LDFJ), asserting that public reason liberals must engage in the justification of factual premises, as they do with moral principles, to maintain democratic legitimacy.
This chapter explores how international law and its legitimacy could be improved and made more aligned with the demands of justice. It focuses on two types of requirements. First, there are the principles and accompanying procedures on the basis of which actors ask their agency (and their rights) to be recognized by international law and its culture of legitimacy. These principles are consent, justification, accountability, consistency, representation and participation, and non-abuse of power. Second, there are the topics around which this quest for the recognition of agency (and rights) takes place. They are better universality of international law, human rights as a benchmark of the legitimacy of sovereignty, compliance/enforcement/accountability, and human rights supported by public goods. These two kinds of requirements have been at the center of the efforts to make international law more inclusive as well as more legitimate, and they need to be taken more seriously in the future.
Chapter 6 highlights a few implications for political legitimacy and the theory of legitimacy that can be derived from some of the key points that I have touched upon in Chapters 4 and 5. The implications include the following: (1) the character of a theory of political legitimacy is at the same time conservative and progressive, albeit more progressive than conservative; (2) the scope of evaluation and judgment that a theory of political legitimacy entails must avoid two dangerous paths: the first one is thinking that it is not possible to produce valid evaluations and judgments of legitimacy, and the second one is evaluating and judging all political situations from one’s own perspective; (3) evidence—that is, what people think and feel—can be called upon and mobilized for the evaluation and judgment of legitimacy; and (4) contemporary politics is especially relevant to the discussion of legitimacy.
This chapter aims to layout, more in detail, how Giambattista Vico weaved the different conceptual threads he gathered from such tradition to further his ambitious humanistic agenda. Vico’s philosophy of knowledge is an eclectic chimaera with many shortcomings and productive confusions. The chapter also focuses on Vico’s immediate context and intellectual references and explores four fundamental issues that surrounded and inspired the formulation of this seminal praxis epistemology: the relation between ancient and modern conceptions of knowledge; the idea that we know as makers of concepts and things; the relationship between ‘scientific’ discoveries and their conceptual criticism and the Vichian connection between the philosophy of knowledge and history as framed in his New Science.
What gives the benefit principle its moral appeal as an idea of tax justice? And what can count as a benefit for that purpose? My claim is that we can trace the moral force of various versions of the principle to five ideas: individual justification, causal feedback, reciprocity, opposable valuation and non-objectionable baseline. I develop those ideas into an account of the moral permissibility of benefit-based taxation, and explain how that account addresses problems about the quantification and valuation of benefits and the relationship between benefit and the justice of the background distribution.
This paper argues that we are not just social epistemic creatures because we operate in social contexts. We are social epistemic creatures because of the nature of our epistemic cognitive capacities. In The Enigma of Reason, Hugo Mercier and Dan Sperber develop and defend the view that reasoning is a social competence that yields epistemic benefits for individuals through social interaction with others. I argue an epistemological consequence of their position is that, when beliefs are formed and sustained by dialogical deliberation, the relevant justification-conferring process doesn’t occur solely within the cognition of the subject whose belief is under evaluation. Rather, it extends to include her interactive engagement with other deliberative participants. I argue this demonstrates that not all justification-conferring is evidential. As such, the analysis not only supports reconceiving the process reliabilist’s notion of justification-conferring processes; it also serves as an argument against evidentialism. A goal of this paper is to demonstrate that social epistemology isn’t merely a siloed offshoot of traditional epistemology. Even when approaching social epistemology using a conservative methodology, our investigation has serious implications for fundamental questions concerning epistemic normativity.
Constitutional rights are often seen as invitations to engage in all things considered moral reasoning about how public authorities should act. The Impasse of Constitutional Rights challenges this widely accepted view by showing that it generates an irresolvable deadlock between rival theories of constitutional rights that share the same defects. This Element develops the alternative idea that rights-based constitutional order has its own distinctive moral project, which consists in rendering public authority accountable to the inherent rights of each legal subject. Taking this project seriously requires reconceiving the basic building blocks of rights-based constitutional order: justification, purposive interpretation, and proportionality. The resulting account both escapes the impasse to which the leading contemporary theories of constitutional rights succumb and expounds the normative connection between rights-based constitutional order and its most fundamental doctrines.
Any modern, moderately intellectually mature (MMIM) believer in God faces a variety of epistemic defeaters of their belief in God. Epistemic defeaters challenge the rationality of a belief. After explaining the notion of a defeater and discussing various ways and targets of defeat, this Element categorizes the many defeaters of belief in God into four classes: rebutting, undercutting, base defeaters, and competence defeaters. Then, several general defeaters of theistic belief are examined in some detail: the superfluity argument, the problem of unpossessed evidence, various forms of debunking arguments, and a cumulative case competence defeater. The typical MMIM believer, it is argued, has resources to resist these defeaters, although the cumulative case competence defeater has some force. The strength of its force depends on the strength of grounds for theistic belief and of various defeaters and deflectors for the competence defeater. No easy general defeater of theistic belief is found.
The neo-Kantian transcendentalist reading of the epistemic status of logical axioms in Frege argues that he is committed to the neo-Kantian idea that we are epistemically justified in accepting logical axioms because accepting them is necessary for achieving epistemically crucial goals. However, I show that Frege hesitates to be fully committed to neo-Kantian transcendentalism because he struggles to accept the idea that such a teleological reason can constitute an epistemic warrant. This interpretation shows some crucial aspects of his philosophy of logic, such as his understanding of the relationship between the simplicity and the sufficiency of logical systems.
Moral and pragmatist sociology has studied capitalism as a set of institutions that require justification, which has historically been offered through forms of rewarding and meaningful work, anchoring the human life course in a narrative of individual and collective progress. However, emerging with neoliberalism, then becoming explicit after 2008, contemporary capitalism has become organised around the logic of assets and wealth as opposed to labour and production. This provokes a vacuum of justification. Once all actors are (as Minsky argued) balance sheet actors and profit becomes a function of sheer temporality, the economy ceases to function as a moral order and instead becomes imbued with existential concerns of temporality, durability, survival, and finitude. Possessed only of certain contingently acquired assets and liabilities, the self becomes wholly contingent in the sense described by Heidegger; that is, as ‘thrown’ into having had a past and into a relationship of ‘care’ towards the future. The article identifies symptoms of this existential condition in empirical studies of wealth elites, for whom (in the absence of conventional liberal and production-based measures of worth) problems of meaning, purpose, and finitude are endemic.
Karl Barth is one of the most influential theologians of the past century, especially within conservative branches of Christianity. Liberals, by contrast, find many of his ideas to be problematic. In this study, Keith Ward offers a detailed critique of Barth's views on religion and revelation as articulated in Church Dogmatics. Against Barth's definition of religions as self-centred, wilful, and arbitrary human constructions, Ward offers a defence of world religions as a God-inspired search for and insight into spiritual truth. Questioning Barth's rejection of natural theology and metaphysics, he provides a defence of the necessity of a philosophical foundation for Christian faith. Ward also dismisses Barth's biased summaries of German liberal thought, upholding a theological liberalism that incorporates Enlightenment ideas of critical inquiry and universal human rights that also retains beliefs that are central to Christianity. Ward defends the universality of divine grace against Barth's apparent denial of it to non-Christian religions.
The once-popular thesis that non-Christians who are inculpably ignorant of the gospel can be saved through ‘implicit faith’ in Christ has fallen on hard times. In this paper, we consider objections raised against this position by a range of Catholic critics, including Thomas Crean, Augustine DiNoia, Gavin D’Costa, and Stephen Bullivant. In our judgement, criticisms of ‘implicit faith’ often suffer from a lack of clarity about the nature of such faith, although admittedly this ambiguity was present even in original Scholastic uses of the term. However, in the past few decades, analytic philosophers have explored many forms of belief, which one might call ‘implicit’. Accordingly, we draw on both Scholastic and analytic epistemology to arrive at a more attractive characterisation of implicit faith. We argue that once implicit faith is understood in this way, recent objections to the claim that non-Christians can be saved soluble.
The apostle Paul was a Jew. He was born, lived, undertook his apostolic work, and died within the milieu of ancient Judaism. And yet, many readers have found, and continue to find, Paul's thought so radical, so Christian, even so anti-Jewish – despite the fact that it, too, is Jewish through and through. This paradox, and the question how we are to explain it, are the foci of Matthew Novenson's groundbreaking book. The solution, says the author, lies in Paul's particular understanding of time. This too is altogether Jewish, with the twist that Paul sees the end of history as present, not future. In the wake of Christ's resurrection, Jews are perfected in righteousness and – like the angels – enabled to live forever, in fulfilment of God's ancient promises to the patriarchs. What is more, gentiles are included in the same pneumatic existence promised to the Jews. This peculiar combination of ethnicity and eschatology yields something that looks not quite like Judaism or Christianity as we are used to thinking of them.
Necessity, but not possibility, is typically thought to be rare and suspicion-worthy. This manifests in an asymmetry in the burden of proof incurred by modal claims. In general, claims to the effect that some proposition is impossible/necessary require significant argumentative support and, in general, claims to the effect that some proposition is possible/contingent are thought to be justified freely or by default. Call this the possibility bias. In this article, I argue that the possibility bias is not epistemically justified. We should regard possibility with at least as much suspicion, that is to say as incurring at least as much of an explanatory demand, as necessity. In fact, I suggest that we might even be justified in reversing the burden of proof asymmetry and adopting a necessity bias. This has quite radical implications for philosophical methodology and hence for many first-order philosophical concerns.
A central tenet of Reformed theology was the doctrine of justification by imputed righteousness: the faithful are not saved on account of their own righteousness, but purely by the gracious decision of God to ‘impute’ or ‘account’ the perfect righteousness of his Son unto them. While this doctrine was a popular target for broader anti-Calvinist criticism, this chapter demonstrates that Whichcote, Cudworth, More and Smith challenged the Reformed doctrine by producing an explicitly Platonic account of justification on which believers are rendered acceptable to God by deification (i.e. by direct, internal conformity to and participation in the nature of God). This model of justification is distinctive, even against the wider background of English anti-Calvinism, and provides one of the strongest indications of the close philosophical alignment of Whichcote, More, Cudworth and Smith. As the present chapter will demonstrate, to their Calvinist critics such as Anthony Tuckney, it was the Cambridge Platonists’ views about justification that constituted their most egregious departure from Reformed doctrine and that most clearly unmasked the ‘Platonic’ character of their thought.
In Faces of Inequality, Sophia Moreau puts forward a pluralistic theory of how discrimination wrongs people. I approach Moreau's ideas not as a legal philosopher or theorist, but as an empirical and socio-legal scholar of equality law. In this commentary, I pick up on five provocations that emerge for me from Moreau's work: on reasonable accommodations, on comparison in equality law, on the public/private divide, on the justification of discrimination, and on discrimination as a personal wrong. While Moreau's work is grounded in the common themes or shared features that emerge from equality laws across jurisdictions, I consider what these themes mean for the uncommon ground, drawing on exceptional developments in discrimination law in some Australian jurisdictions, and our experience with the “exceptional” protected characteristic of age.
We have increasingly sophisticated ways of acquiring and communicating knowledge, but efforts to spread this knowledge often encounter resistance to evidence. The phenomenon of resistance to evidence, while subject to thorough investigation in social psychology, is acutely under-theorised in the philosophical literature. Mona Simion's book is concerned with positive epistemology: it argues that we have epistemic obligations to update and form beliefs on available and undefeated evidence. In turn, our resistance to easily available evidence is unpacked as an instance of epistemic malfunctioning. Simion develops a full positive, integrated epistemological picture in conjunction with novel accounts of evidence, defeat, norms of inquiry, permissible suspension, and disinformation. Her book is relevant for anyone with an interest in the nature of evidence and justified belief and in the best ways to avoid the high-stakes practical consequences of evidence resistance in policy and practice. This title is also available as Open Access on Cambridge Core.
This chapter develops an account of permissible suspension that builds on the views of justification, evidence, and defeat defended in the previous chapters. The view is superior to extant competitors in that it successfully predicts epistemic normative failure in cases of suspension generated by evidence and defeat resistance. On this view, doxastically justified suspension is suspension generated by properly functioning knowledge-generating processes. In turn, properly functioning knowledge-generating processes uptake knowledge and ignorance indicators.
This chapter surveys recent accounts of the epistemic permissibility of suspended judgement in an attempt to thereby identify the normative resources required for explaining the epistemically problematic nature of evidence resistance. Since paradigmatic cases of evidence resistance involve belief suspension on propositions that are well supported by evidence, such as vaccine safety and climate change, the literature on permissible suspension seems to be a straightforward starting point for my investigation: after all, any plausible view of permissible suspension will have to predict epistemic impermissibility in these paradigmatic resistance cases. I look at three extant accounts of permissible suspension – a simple knowledge-based account, a virtue-based account, and a respect-based account – and argue that they fail to provide the needed resources for this project. Further on, the chapter identifies the source of the said difficulties and gestures towards a better way forward.