While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the (...) courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts. (shrink)

This paper explores the prospects for safety-based theories of knowledge in the light of some recent objections.

The value problem -- Unpacking the value problem -- The swamping problem -- fundamental and non-fundamental epistemic goods -- The relevance of epistemic value monism -- Responding to the swamping problem I : the practical response -- Responding to the swamping problem II : the monistic response -- Responding to the swamping problem III : the pluralist response -- Robust virtue epistemology -- Knowledge and achievement -- Interlude : is robust virtue epistemology a reductive theory of knowledge? -- Achievement without (...) achievement -- Back to the value problem -- Contra virtue epistemology -- Two master intuitions about knowledge -- Anti-luck virtue epistemology -- Interlude : is anti-luck virtue epistemology a reductive theory of knowledge? -- Diagnosing the structure of knowledge -- Back to the value problem -- The final value of achievements -- Understanding -- Understanding and epistemic luck -- Understanding and cognitive achievement -- Back to the value problem -- Two potential implications of the distinctive value of understanding thesis -- The traditional analytical project and the central tension -- Knowledge, evidence, and reasons -- Concepts versus phenomena -- The way ahead -- Perceptual-recognitional abilities -- Broad and narrow competence -- Avoiding reduction -- Perpetual-recognitional abilities -- Broad and narrow competence -- Avoiding reduction -- Perceptual knowledge and justified belief -- Closure and doxastic responsibility -- Knowledge from indicators -- Recognitional abilities again -- Detached standing knowledge -- Back to knowledge from indicators -- Taking stock -- Why knowledge matters -- Approaching the epistemology of testimony -- Telling and informing -- Acquiring true beliefs and acquiring knowledge through being told -- Access to facts about knowledge -- The modest route -- Fool's knowledge -- The distinctive value of knowledge -- Fool's justification -- Arguing from illusion -- The regress of justifications -- Transparency and knowledge -- Transparency and entitlement -- On trying to do without transparency -- Transparency and luminosity -- Non-sensible knowledge -- Self-knowledge -- Non-sensible knowledge of action -- The two dimensions -- The distinctive value of knowledge of action -- Non-observational knowledge -- Practical knowledge and intention -- Practical knowledge and direction of fit. (shrink)

This paper surveys attempts in the recent literature to offer a modal condition on knowledge as a way of resolving the problem of scepticism. In particular, safety-based and sensitivity-based theories of knowledge are considered in detail, along with the anti-sceptical prospects of an explicitly anti-luck epistemology.

Recent epistemology has reflected a growing interest in the social dimension of the subject. This volume presents new work by leading philosophers on a wide range of topics in social epistemology, such as the nature of testimony, the epistemology of disagreement, and the social genealogy of the concept of knowledge.

The recent popularity of contextualist treatments of the key epistemic concepts has tended to obscure the differences that exist between the various kinds of contextualist theses on offer. The aim of this paper is to contribute towards rectifying this problem by exploring two of the main formulations of the contextualist position currently on offer in the literature—the 'semantic' contextualist thesis put forward by Keith DeRose and David Lewis, and the 'inferential' contextualist thesis advanced by Michael Williams. It is argued that (...) by evaluating these theses in the light of each other one can gain a deeper understanding of the contextualist position. In particular, it is argued that this relative evaluation highlights one interesting way in which contextualism might be developed. (shrink)

Plato -- Aristotle -- Christianity -- Aquinas -- Hobbes -- Hume -- Kant -- Mill -- Nietzsche -- Virtue after Nietzsche.

It is claimed that McDowell’s treatment of scepticism offers a potential way of resurrecting the much derided ‘Moorean’ response to scepticism in a fashion that avoids the problems facing classical internalist and externalist construals of neo-Mooreanism. I here evaluate the prospects for a McDowellian neo-Mooreanism and, in doing so, offer further support for the view.

Much of the recent debate regarding scepticism has focussed on a certain template sceptical argument and a rather restricted set of proposals concerning how one might deal with that argument. Throughout this debate the ‘Moorean’ response to scepticism is often cited as a paradigm example of how one should not respond to the sceptical argument, so conceived. As I argue in this paper, however, there are ways of resurrecting the Moorean response to the sceptic. In particular, I consider the prospects (...) for three such proposals in this regard: a classical epistemic internalist neo-Mooreanism, a classical epistemic externalist neo-Mooreanism, and a non-classical McDowellian epistemic internalist neo-Mooreanism, and maintain that the last two of these proposals (both of which make appeal to a disjunctivist account of perception, broadly conceived) merit further exploration. Indeed, I claim that a suitably qualified version of neo-Mooreanism would actually sit quite well with the general philosophical motivations behind other key anti-sceptical views and I argue that given this fact neo-Mooreanism is actually at a dialectical advantage relative to other views when it comes to dealing with the sceptical problem as it is typically conceived. (shrink)

The chapter begins by exploring a philosophical case study of the use of intuitions — viz., the debate regarding the problem of radical scepticism, paying particular attention to key figures within this debate such as Barry Stroud, John Austin, and Ludwig Wittgenstein. It contends that this debate demonstrates something interesting about the nature of intuitions and the role that they can play in philosophical inquiry. In particular, the chapter argues that we need to think of the philosophical use of intuitions (...) as at least sometimes involving a significant level of expertise. The chapter closes by considering the relevance of this point about philosophical intuitions to the negative programme in experimental philosophy. (shrink)

This is an introduction to my edited book, the Research Handbook on Liberalism (2024). Some chapters tackle broad, meta-level questions about the coherence and justificatory limits and possibilities of liberalism; others tackle conceptual issues; still others, specific institutional, cultural, historical, and political questions. This introductory chapter is intended to provide a general orientation to these discussions, but also highlight some recurring themes and challenges facing liberalism in an era of rampant inequality, illiberalism, rising autocracies, populism, and massive technological change. I (...) provide a taxonomy of five different kinds of liberalism in play in the field, along with three overarching challenges discussed in the book - the apparent insufficiency, complacency, and self-undermining nature of liberalism. Can contemporary liberalism survive? It can, but not without clearly grasping some of the fundamental challenges it faces today. (shrink)

This advanced textbook, now in its second edition, provides an accessible overview of some of the main issues in contemporary epistemology. Written by an expert in the field, it covers such key topics as virtue epistemology, anti-luck epistemology, epistemological disjunctivism, epistemic value, understanding, radical scepticism, and contextualism. This book is ideal as a set text for an advanced undergraduate or postgraduate course in epistemology, and will also be of general interest to researchers in philosophy.

The Making of British Bioethics provides the first in-depth study of how philosophers, lawyers and other 'outsiders' came to play a major role in discussing and helping to regulate issues that used to be left to doctors and scientists. It details how British bioethics emerged thanks to a dynamic interplay between sociopolitical concerns and the aims of specific professional groups and individuals who helped create the demand for outside involvement and transformed themselves into influential 'ethics experts'. Highlighting this interplay helps (...) us appreciate how issues such as embryo research and assisted dying became high-profile 'bioethical' concerns in the late twentieth century, and why different groups now play a critical role in developing regulatory standards and leading public debates. The book draws on a wide range of original sources and will be of interest to historians of medicine and science, general historians and bioethicists. (shrink)

An overview of the import of disjunctivism to the problem of radical scepticism is offered. In particular, the disjunctivist account of perceptual experience is set out, along with the manner in which it intersects with related positions such as naïve realism and intentionalism, and it is shown how this account can be used to a motivate an anti-sceptical proposal. In addition, a variety of disjunctivism known as epistemological disjunctivism is described, and it is explained how this proposal offers a further (...) way of responding to radical scepticism. (shrink)

In this paper, I do three things. First, I offer an overview of an anti- luck epistemology, as set out in my book, Epistemic Luck. Second, I attempt to meet some of the main criticisms that one might level against the key theses that I propose in this work. And finally, third, I sketch some of the ways in which the strategy of anti- luck epistemology can be developed in new directions.

What would it mean to have a suitably ‘realistic’ account of political liberty? On the one hand, I don’t think we can properly understand liberty without an underlying account of personhood or agency.2 In making sense of liberty, we need to ask: What kind of agency does it presuppose or promote? What kind of independence do we care most about? What does it mean to exercise control, or to be self-guiding, in the kind of world we live in today? At (...) the same time, a conception of moral and political personhood needs to be appropriately ‘realistic’: It shouldn’t be over-idealized (or over-simplified), nor demand more than can be reasonably expected, given the kind of creatures we are. (shrink)

A certain construal of the Gettier problem is offered, according to which this problem concerns the task of identifying the anti-luck condition on knowledge. A methodology for approaching this construal of the Gettier problem—anti-luck epistemology—is set out, and the utility of such a methodology is demonstrated. It is argued that a range of superficially distinct cases which are meant to pose problems for anti-luck epistemology are in fact related in significant ways. It is claimed that with these cases properly understood, (...) anti-luck epistemology is able to offer a suitable diagnosis of them which doesn’t threaten the necessity of the anti-luck condition for knowledge. (shrink)

It is widely thought that stealing, trading and destroying cultural artifacts in time of war are inherently immoral actions, and that it is right that they be treated as war crimes, which, indeed, they currently are. But oppressive cultures have their heritage and cultural artifacts too, in the form of monuments, sites of worship, and so on; and for the oppressed, these things may be awful reminders of their subordination, and may even perpetuate it. This chapter suggests that, since cultural (...) objects can be both tools and symbols of unjust oppression, their theft and destruction ought to be seen as appropriate when this would be a means of overcoming oppression. Whatever current law may say, in these instances, it would be morally inappropriate to count such acts as war crimes. Furthermore, it is bizarre that theft and destruction of cultural property are counted as war crimes when soldiers killing each other is not (due to combatant immunity). Surely killing is worse than property destruction and theft. It is therefore argued that, where possible, it would be better for conflicts to be fought using the latter methods. Finally, the chapter responds to many objections to using theft and destruction of cultural property as a method of warfare. E.g. to the objection that such property has timeless, trans-cultural, aesthetic, historical and scientific value, it is replied that justice is a more important value; and to the objection that these practices amount to cultural genocide it is replied that unjust cultures have no right to exist unmodified. (This chapter was formerly entitled: "Culture Weaponized: A Contrarian Theory of the Sometime Appropriateness of the Destruction, Theft and Trade of Art and Cultural Artifacts in Armed Conflict." The PhilPapers archived version is a pre-penultimate version of the published version.). (shrink)

(No abstract is available for this citation).

Does Augustine put his finger on time? -- Time for history -- Determination -- Self-determination -- Time, knowledge and truth.

How does empire become transposed onto justice? There are two kinds of question here, one historical the other conceptual, though they are often entwined. First, we may ask whether there are particular arguments about justice that were subsequently used in the justification of empire or colonialism. Or, we may seek to trace the conceptual structure of argu- ments justifying imperialism to their roots in particular philosophical views, debunking their supposed universalism.3 Second, we may ask about the very nature of the (...) concept of global justice and the values it expresses in relation to other important values. Is the very notion of global justice imperialistic, just because it claims there are universal values applicable to everyone everywhere, whatever their particular ways of life or worldviews? (shrink)

The problem of historical injustice presents a deep challenge to the aspirations of deliberative democrats, especially to those “deliberative activists” who seek to advance deliberation in deeply unjust circumstances (Fung 2005, 399). But the debate over historical injustice can itself benefi t from taking a “democratic turn.” Much of the literature is dominated by arguments over historical entitlement theories of justice or by a legalistic focus on the possibilities for compensation and reparation.1 That much of it is deeply skeptical as (...) well is no surprise given that focus. But what is striking about actual debates over historical injustice in the world today is their intensely political character, and this character needs to be theorized much more explicitly when thinking about the nature and consequences of historical injustice. One crucial aspect of political disagreement, as opposed to moral disagreement, is that it is not just the force of good reasons that is at issue but also the application of force itself, especially by the state. The conclusion of a political deliberation does not necessarily indicate that the other side is.. (shrink)

Liberalism is a term employed in a dizzying variety of ways in political thought and social science. This essay challenges how the liberal tradition is typically understood. I start by delineating different types of response—prescriptive, comprehensive, explanatory—that are frequently conflated in answering the question “what is liberalism?” I then discuss assorted methodological strategies employed in the existing literature: after rejecting “stipulative” and “canonical” approaches, I outline a contextualist alternative. Liberalism, on this account, is best characterised as the sum of the (...) arguments that have been classified as liberal, and recognised as such by other self-proclaimed liberals, over time and space. In the remainder of the article, I present an historical analysis of shifts in the meaning of liberalism in Anglo-American political thought between 1850 and 1950, focusing in particular on how Locke came to be characterised as a liberal. I argue that the scope of the liberal traditionexpanded during the middle decades of the twentieth century, such that it came to be seen by many as the constitutive ideology of the West. This capacious understanding of liberalism was a product of the ideological wars fought against “totalitarianism” and assorted developments in the social sciences. Today we both inherit and inhabit it. (shrink)

I reject three theories of practical reason according to which a rational agent's ultimate reasons for acting must be unchanging: that one is rationally obliged in each choice (1) to be prudent--to advance all the desires one foresees ever having (the self-interest theory), rather than just those one has at the time of choice, or (2) to cause states of affairs that are good by some timeless, impersonal measure (Thomas Nagel), or (3) to obey permanent, universalizable deontic principles (Kant). Whether (...) a rational agent's reasons consist in her desires, in the goodness of certain states, or in deontic principles, her reasons now can ask her to take different, conflicting things as reasons later; and contradiction results of rationally obliging her not to take the new things for reasons. (shrink)

A common criticism of the use of algorithms in criminal justice is that algorithms and their determinations are in some sense ‘opaque’—that is, difficult or impossible to understand, whether because of their complexity or because of intellectual property protections. Scholars have noted some key problems with opacity, including that opacity can mask unfair treatment and threaten public accountability. In this paper, we explore a different but related concern with algorithmic opacity, which centers on the role of public trust in grounding (...) the legitimacy of criminal justice institutions. We argue that algorithmic opacity threatens the trustworthiness of criminal justice institutions, which in turn threatens their legitimacy. We first offer an account of institutional trustworthiness before showing how opacity threatens to undermine an institution’s trustworthiness. We then explore how threats to trustworthiness affect institutional legitimacy. Finally, we offer some policy recommendations to mitigate the threat to trustworthiness posed by the opacity problem. (shrink)

Support is canvassed for a new approach to epistemology called anti-risk epistemology. It is argued that this proposal is rooted in the motivations for an existing account, known as anti-luck epistemology, but is superior on a number of fronts. In particular, anti-risk epistemology is better placed than anti-luck epistemology to supply the motivation for certain theoretical moves with regard to safety-based approaches to knowledge. Moreover, anti-risk epistemology is more easily extendable to epistemological questions beyond that in play in the theory (...) of knowledge specifically. A key advantage of the view, however, is that anti-risk epistemology fares much better than anti-luck epistemology when it comes to accounting for the phenomenon of negative epistemic dependence. In particular, anti-risk epistemology is ideally placed to explain why such epistemic dependence is incompatible with knowledge, even when the negative epistemic dependence in play is of a purely modal variety. (shrink)

There are two kinds of resentment relevant to the politics of multiculturalism today. 1 The first, which is basically Nietzsche’s conception of ressentiment, occurs under conditions in which people are subject to systematic and structural deprivation of things they want (and need), combined with a sense of powerlessness about being able to do anything about it. It manifests itself in terms of a focused anger or hatred towards that group of people who seem to have everything they want, and yet (...) also symbolize their powerlessness to get it. For Nietzsche, of course, it was out of this set of emotions and psychological state of mind that the ‘slave revolt’ that gave birth to modern morality emerged, supplanting the aristocratic values oriented around good and bad with the reactive and slavish values of those oriented around good and evil (Nietzsche 1989: 36- 39). The desire to lash out or take revenge against those who you perceive as keeping you down, keeping you from enjoying all the benefits and advantages others enjoy and that you want or feel you deserve, for Nietzsche, is a basic emotional orientation that can – in combination with other complex forces - reshape an entire culture. A second form of resentment is of a more moralized kind; a reactive sentiment bound up with holding another morally accountable for their actions. I resent your curtailment of my liberty, for example, just because I believe we share certain moral commitments – for example, a.. (shrink)

_What is this thing called Philosophy?_ is the definitive textbook for all who want a thorough introduction to the field. It introduces philosophy using a question-led approach that reflects the discursive nature of the discipline. Edited by Duncan Pritchard, each section is written by a high-profile contributor focusing on a key area of philosophy, and contains three or four question-based chapters offering an accessible point of engagement. The core areas of philosophy covered are: Ethics Political Philosophy Aesthetics Epistemology Philosophy (...) of Mind Metaphysics Philosophy of Science Philosophy of Religion The Meaning of Life. The accompanying Routledge companion website features valuable online resources for both instructors and students including links to audio and video material, multiple-choice questions, interactive flashcards, essay questions and annotated further reading. This is the essential textbook for students approaching the study of philosophy for the first time. (shrink)

First published in the International Encyclopaedia of Social and Behavioural Sciences (Pergamon Press, 2001); reprinted in the 2nd edition (2015). An overview of different justifications of multiculturalism in contemporary political theory, as well as various challenges to and critiques of those arguments.

That consent could wholly explain – either descriptively or normatively – the legitimacy of the structure of political community and it’s most important and influential institutions and practices is deeply implausible. There are two general sorts of considerations adduced against such a proposition. First, history simply refutes it: force is an essential feature of the founding of any political society, and arguably, for its continued existence, and power relations, in all their complexity, are imperfectly tracked by consent. Moreover, there are (...) deep questions about what people are actually consenting to, given the plurality and changing nature of political collectivities over time. Second, in modern societies (perhaps in just any complex human society) our conduct is shaped and governed in so many ways so as to influence not only the options we have, but also the interests, desires and capabilities constitutive of our ability to act in relation to them in the first place. This undermines any easy connection between the presence of consent and my being free. A familiar conundrum for consent as a standard of legitimacy is that if it means literally that individual consent is required for non-arbitrariness in public decision-making, then public decision-making – indeed almost any form of collective action –becomes almost impossible. If only tacit or implicit consent is required, then we can find it everywhere, and thus nowhere, and the standard is empty. (shrink)

This article engages in debates about the potential for aesthetics to be a positive, ethical, and moral frame for relating to the environment. Human‐environment relations are increasingly tied up with aesthetics. We problematize this trend by contending that aesthetics is an insufficient paradigm to motivate and shape environmentalism because it exceptionalizes some landscapes while devaluing others. This article uses four illustrative case studies to complicate aesthetic environmentalist frames. These case studies indicate that even when positive aesthetic qualities are deployed in (...) environmentalist advocacy, their usefulness is mitigated by a range of factors including: sensationalization, obfuscation, and further degradation. (shrink)

This is a study of Hume's political thought based on a survey of all his writings in their original and revised versions, with very full reference to the works of predecessors and contemporaries, including journalists, pamphleteers and historians. Hume's political thinking is presented in its historical context as a modem, 'philosophical', empirically based system of politics for a new post-revolutionary age, and a political education for parochial, backward-looking party men.

Achievements are clearly something that we care about. We want a life rich in achievements, and we value the achievements of others. To be appointed to the job of one's dreams as a result of one's hard work and raw talent, such that it constitutes an achievement on one's part, is far more satisfying and worthy than getting it through other means where no achievement is involved . Similarly, the Olympic goal medal winner who gets her award by being the (...) best in a strong field exhibits an achievement and is lauded for it, but her counterpart who attains the same result through, say, mere good luck , and who thus does not exhibit an achievement, is not gifted nearly as much praise. But what is an achievement, and what is it about achievements that makes us care about them so much? (shrink)

This paper defends Flatland—the view that there exist neither determination nor dependence relations, and that everything is therefore fundamental—from the objection from explanatory inefficacy. According to that objection, Flatland is unattractive because it is unable to explain either the appearance as of there being determination relations, or the appearance as of there being dependence relations. We show how the Flatlander can meet the first challenge by offering four strategies—reducing, eliminating, untangling and omnizing—which, jointly, explain the appearance as of there being (...) determination relations where no such relations obtain. Since, plausibly, dependence relations just are asymmetric determination relations, we argue that once we come mistakenly to believe that there exist determination relations, the existence of other asymmetries (conceptual and temporal) explains why it appears that there are dependence relations. (shrink)

In this article, I explore recent work on realist political theory and international politics. I discuss how scholarship on the topic emanates from two different fields—International Relations and political philosophy—and argue that there is a good case for greater engagement between them. I open by delineating various kinds of realism, showing that the term covers a wide variety of methodological and political approaches. In particular, I suggest, it is important to recognize the difference between liberal and radical approaches. The remainder (...) of the essay examines assorted examples of realist international political theorizing, work that ranges from attempts to rewrite the canon of 20th century political thought to contributions to the vibrant global justice debates. (shrink)

The status of boundaries and borders, questions of global poverty and inequality, criteria for the legitimate uses of force, the value of international law, human rights, nationality, sovereignty, migration, territory, and citizenship: debates over these critical issues are central to contemporary understandings of world politics. Bringing together an interdisciplinary range of contributors, including historians, political theorists, lawyers, and international relations scholars, this is the first volume of its kind to explore the racial and imperial dimensions of normative debates over global (...) justice. (shrink)

One of the key supposed 'platitudes' of contemporary epistemology is the claim that knowledge excludes luck. One can see the attraction of such a claim, in that knowledge is something that one can take credit for - it is an achievement of sorts - and yet luck undermines genuine achievement. The problem, however, is that luck seems to be an all-pervasive feature of our epistemic enterprises, which tempts us to think that either scepticism is true and that we don't know (...) very much, or else that luck is compatible with knowledge after all. In this book, Duncan Pritchard argues that we do not need to choose between these two austere alternatives, since a closer examination of what is involved in the notion of epistemic luck reveals varieties of luck that are compatible with knowledge possession and varieties that aren't. Moreover, Pritchard shows that a more nuanced understanding of the relationship between luck and knowledge can cast light on many of the most central topics in contemporary epistemology. These topics include: the externalism/internalism distinction; virtue epistemology; the problem of scepticism; metaepistemological scepticism; modal epistemology; and the problem of moral luck. All epistemologists will need to come to terms with Pritchard's original and incisive contribution. (shrink)

Artists often emphasize the importance of risk to their work. But this raises a puzzle, as on a standard probabilistic account of risk we are obliged to treat some of these cases as not involving genuine risk at all. It is argued that the way to resolve this puzzle is to recognize a crucial shortcoming in the probabilistic account of risk. With this shortcoming rectified, and hence with a revised modal account of risk in place, we are able to treat (...) the relevant cases of putative aesthetic risk as entirely genuine. (shrink)