On collective intentions: collective action in economics and philosophy

Philosophers and economists write about collective action from distinct but related points of view. This paper aims to bridge these perspectives. Economists have been concerned with rationality in a strategic context. There, problems posed by “coordination games” seem to point to a form of rational action, “team thinking,” which is not individualistic. Philosophers��� analyses of collective intention, however, sometimes reduce collective action to a set of individually instrumental actions. They do not, therefore, capture the first person plural perspective characteristic of team thinking. Other analyses, problematically, depict intentions ranging over others’ actions. I offer an analysis of collective intention which avoids these problems. A collective intention aims only at causing an individual action, but its propositional content stipulates its mirroring in other minds.

Linguistic experiments and ordinary language philosophy

J.L. Austin is regarded as having an especially acute ear for fine distinctions of meaning overlooked by other philosophers. Austin employs an informal experimental approach to gathering evidence in support of these fine distinctions in meaning, an approach that has become a standard technique for investigating meaning in both philosophy and linguistics. In this paper, we subject Austin's methods to formal experimental investigation. His methods produce mixed results: We find support for his most famous distinction, drawn on the basis of his `donkey stories', that `mistake' and `accident' apply to different cases, but not for some of his other attempts to distinguish the meaning of philosophically significant terms (such as `intentionally' and `deliberately'). We critically examine the methodology of informal experiments employed in ordinary language philosophy and much of contemporary philosophy of language and linguistics, and discuss the role that experimenter bias can play in influencing judgments about informal and formal linguistic experiments.

Do normative judgements aim to represent the World?

Many philosophers think that normative judgements do not aim to represent the world. In this paper, I argue that this view is incompatible with the thought that when two people make conflicting normative judgements, at most one of these judgements is correct. I argue that this shows that normative judgements do aim to represent the world.

Contemporary ordinary language philosophy

There is a widespread assumption that ordinary language philosophy was killed off sometime in the 1960s or 70s by a combination of Gricean pragmatics and the rapid development of systematic semantic theory. Contrary to that widespread assumption, however, contemporary versions of ordinary language philosophy are alive and flourishing, but going by various aliases—in particular (some versions of) "contextualism" and (some versions of) "experimental philosophy". And a growing group of contemporary philosophers are explicitly embracing the methods as well as the title of ordinary language philosophy and arguing that it has been unfairly maligned and was never decisively refuted. In this overview, I will outline the main projects and arguments employed by contemporary ordinary language philosophers, and make the case that updated versions of the arguments made by ordinary language philosophers in the middle of the twentieth century are attracting renewed attention.

Should retributivists prefer pre-punishment?

Some philosophers believe that we can, in theory, justifiably pre-punish people – that is, punish them for a crime before they have committed that crime. In particular, it has been claimed that retributivists ought (in principle) to accept pre-punishment. The question of whether pre-punishment can be justified has sparked an interesting and growing philosophical debate. In this paper I look at a slightly different question: whether retributivists who accept that pre-punishment can be justified should prefer (ordinary) post-punishment or pre-punishment, or see them (in principle) as on a par. The answer is complex: asking this question brings to light unrecognised distinctions within both retributivism and pre-punishment, giving us four different answers to the question, depending on what kind of retributivism and what kind of pre-punishment are combined. Surprisingly, given that it is usually presented as a second best, to be pursued only when post-punishment is unavailable, some combinations will find pre-punishment preferable.

Shared authority: courts and legislatures in legal theory

This book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common conception of law, in which it is legislatures that primarily create the law, and courts that primarily apply it. This conception has eclectic affinities with legal positivism, and although it may have been a helpful intellectual tool in the past, it now increasingly generates more problems than it solves. For this reason, the author argues, legal philosophers are better off abandoning it. At the same time they are asked to dismantle the philosophical and doctrinal infrastructure that has been based on it and which has been hitherto largely unquestioned. In its place the book offers an alternative framework for understanding the role of courts and the legislature; a framework which is distinctly anti-positivist and which builds on Ronald Dworkin’s interpretive theory of law. But, contrary to Dworkin, it insists that legal duty is sensitive to the position one occupies in the project of governing; legal interpretation is not the solitary task of one super-judge, but a collaborative task structured by principles of institutional morality such as separation of powers which impose a moral duty on participants to respect each other's contributions. Moreover this collaborative task will often involve citizens taking an active role in their interaction with the law.

Geoffrey Hill and performative utterance

Utterance of a sentence in poetry can be performative, and explicitly so. The best-known of Geoffrey Hill’s critical essays denies this, but his own poetry demonstrates it. I clarify these claims and explain why they matter. What Hill denies illuminates anxieties about responsibility and commitment that poets and critics share with philosophers. What Hill demonstrates affords opportunities for mutual benefit between philosophy and criticism.

Thin, fine and with sensitivity: a metamethodology of intuitions

Do philosophers use intuitions? Should philosophers use intuitions? Can philosophical methods (where intuitions are concerned) be improved upon? In order to answer these questions we need to have some idea of how we should go about answering them. I defend a way of going about methodology of intuitions: a metamethodology. I claim the following: (i) we should approach methodological questions about intuitions with a thin conception of intuitions in mind; (ii) we should carve intuitions finely; and, (iii) we should carve to a grain to which we are sensitive in our everyday philosophising. The reason is that, unless we do so, we don’t get what we want from philosophical methodology. I argue that what we want is information that will aid us in formulating practical advice concerning how to do philosophy responsibly/well/better.

How “intuition” exploded

Recent decades have seen a surge in interest in metaphilosophy. In particular there has been an interest in philosophical methodology. Various questions have been asked about philosophical methods. Are our methods any good? Can we improve upon them? Prior to such evaluative and ameliorative concerns, however, is the matter of what methods philosophers actually use. Worryingly, our understanding of philosophical methodology is impoverished in various respects. This article considers one particular respect in which we seem to be missing an important part of the picture. While it is a received wisdom that the word “intuition” has exploded across analytic philosophy in recent decades, the article presents evidence that the explosion is apparent across a broad swathe of academia (and perhaps beyond). It notes various implications for current methodological debates about the role of intuitions in philosophy.

Intuitions in the Face of Diversity

In recent decades, intuitions' role in philosophy has been hotly debated. Many claim intuitions play an important role. Others, some armed with data, challenge the use of intuitions. This thesis reflects on this debate and advances the debate in two main ways. Having a clear understanding of the challenge which intuition-use in philosophy faces is important. Part I focuses on this. Chapters 1-2 introduce the topic of intuitions, motivate the methodological study of intuitions, and present the historical background to recent empirical challenges to intuition-use. Chapters 3-5 concern the contemporary challenge. I present the empirical evidence the challenge uses, present what I argue to be the strongest version of the challenge, and defend that challenge against some objections. How one characterises intuitions is incredibly important in philosophical methodology. If we are to properly evaluate philosophical methods vis-a-vis their use of something called intuitions { if we are to assess the empirical challenge { it is important to be clear exactly what we mean by `intuitions'. Part II focuses on this. Chapter 6 argues there is little consensus among philosophers as to what intuitions are and their role in philosophy. Chapter 7 questions whether philosophers have developed an idiolect in which `intuition' has distinctive meaning | as frequently supposed. Chapter 8 points out a common misunderstanding about intuitions in philosophy; using quantitative tools to challenge the idea that an increased use of `intuition' in philosophy is the result of an increased use of intuition. So, the developing picture is one of confusion, without a clear idea of what sense of `intuition' is important. Fortunately, Chapter 9 sets us back on the right track. It sets out a positive programme for evaluative methodology: methodologists should adopt a permissive conception of intuitions and make fine distinctions between different intuitions, so long as we can track those distinctions while philosophising.

The real value of equality

This paper investigates how political theorists and philosophers should understand egalitarian political demands in light of the increasingly important realist critique of much of contemporary political theory and philosophy. It suggests, first, that what Martin O'Neill has called non-intrinsic egalitarianism is, in one form at least, a potentially realistic egalitarian political project and second, that realists may be compelled to impose an egalitarian threshold on state claims to legitimacy under certain circumstances. Non-intrinsic egalitarianism can meet realism’s methodological requirements because it does not have to assume an unavailable moral consensus since it can focus on widely acknowledged bads rather than contentious claims about the good. Further, an appropriately formulated non-intrinsic egalitarianism may be a minimum requirement of an appropriately realistic claim by a political order to authoritatively structure some of its members' lives. Without at least a threshold set of egalitarian commitments, a political order seems unable to be transparent to many of its worse off members under a plausible construal of contemporary conditions.

Introduction: the legacy of Greek political thought

This Introduction offers context for the individual papers by examining the intersections and productive tensions between political thought and classical reception studies. While Plato and Aristotle have long been privileged interlocutors for political philosophers, classical reception studies has pluralised both this ancient canon and given rise to a more complex understanding of the modern heirs of ancient political thought. Similarly, the insights of studying the history of political texts and ideas across a longer tradition calls into question the fixity of concepts such as democracy, empire and political freedom. Indeed, we query the very notion of tradition by emphasising how the past has been repeatedly constructed and reconstructed in divergent modern political discourses and conversely how modern political theories and realities have been shaped and reshaped by an idea of antiquity. The Introduction closes with a brief survey of the collected papers.

The foundations of the rule of law

Formal conceptions of the rule of law are popular among contemporary legal philosophers. Nonetheless, the coherence of accounts of the rule of law committed to these conceptions is sometimes fractured by elements harkening back to substantive conceptions of the rule of law. I suggest that this may be because at its origins the ideal of the rule of law was substantive through and through. I also argue that those origins are older than is generally supposed. Most authors tend to trace the ideas of the rule of law and natural law back to classical Greece, but I show that they are already recognisable and intertwined as far back as Homer. Because the founding moment of the tradition of western intellectual reflection on the rule of law placed concerns about substantive justice at the centre of the rule of law ideal, it may be hard for this ideal to entirely shrug off its substantive content. It may be undesirable, too, given the rhetorical power of appeals to the rule of law. The rule of law means something quite radical in Homer; this meaning may provide a source of normative inspiration for contemporary reflections about the rule of law.

Experimental philosophy of language

Experimental philosophy of language uses experimental methods developed in the cognitive sciences to investigate topics of interest to philosophers of language. This article describes the methodological background for the development of experimental approaches to topics in philosophy of language, distinguishes negative and positive projects in experimental philosophy of language, and evaluates experimental work on the reference of proper names and natural kind terms. The reliability of expert judgments vs. the judgments of ordinary speakers, the role that ambiguity plays in influencing responses to experiments, and the reliability of meta-linguistic judgments are also assessed.