Carla Bagnoli

This paper situates the problem of defeaters in a larger debate about the source of normative authority. It argues in favour of a constructivist account of defeasibility, which appeals to the justificatory role of normative principles. The argument builds upon the critique of two recent attempts to deal with defeasibility: first, a particularist account, which disposes of moral principles on the ground that reasons are holistic; and second, a proceduralist view, which addresses the problem of defeaters by distinguishing between provisional and strictly universal principles. The particularist view fails to establish that moral principles have no epistemological import, but it raises important questions about their role in practical reasoning. The proceduralist view fails to distinguish between reasoning by default and reasoning by principles, but it shows that normative principles have a structural justificatory role. The constructivist view recognizes that the moral valence of normative claims vary across contexts, but denies that this is because of holism about reasons. Rather, it defends defeasibility within a constructivist account of reasoning where universality serves as the matrix of judgment. The constructivist view vindicates the justificatory role of universal normative principles, and makes room for some ordinary sources of defeasibility, which are left unaccounted by competing views, and which depend on the agent’s own progress.

The articles of this volume address only some aspects of Nozick's philosophy: his conception of argument, knowledge, rationality, and identity. In examining Nozick's approach to these topics, one has to take issue, ultimately, with his peculiar conception of philosophy whose manifesto appears at the outset of Philosophical Explanations and is echoed in the introduction to philosophical method of Invariances . To transform philosophy into a science or build an impeccable deductive system was not Nozick's dream. He thought of philosophy as aiming at explanation rather than proof. The goal in pursuing philosophy is not to establish one view, but to elaborate theories that can make us understand some phenomena better.

The perspective of deliberative choice is constitutively from here. This simple truth carries significant implications for our agency and integrity, some of which are the focus of Wallace's thought-provoking essay. Wallace is concerned with the discrepancy between our present attachments and the rational justification of past decisions, which threatens our personal and moral integrity. In what follows, I raise some questions about Wallace's claim that attachments make us immune to regret and, ultimately, about his account of the impact of contingency in our practical thought. My argument revolves around two cases of immunity to regret, due to the agent's attachment to a ground project. Contrary to Wallace, I argue that in these cases the agent's inability to regret that things had not gone otherwise is neither unreasonable nor morally objectionable.

Sembra esserci almeno un punto di accordo tra i filosofi morali: i giudizi etici, così come li usiamo nelle nostre conversazioni quotidiane, condividono una certa aspirazione all’oggettività. Vi è invece un disaccordo piuttosto acerbo rispetto alla questione se questa aspirazione sia giustificata o non sia invece una mera pretesa. Il disaccordo filosofico riguarda, cioè, la questione se i giudizi etici debbano e possano aspirare all’oggettività. Ma ancor più fondamentale è il disaccordo rispetto ai criteri con cui valutare se questa aspirazione all’oggettività sia legittima.

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning.

© Carla Bagnoli DELIBERARE, COMPARARE, MISURARE É opinione ampiamente condivisa che l’incommensurabilità e la commensurabilità sono ipotesi sulla natura del valore che pongono delle condizioni pesanti sulla deliberazione e sulla nostra capacità di compiere scelte ragionate. Pragmatisti e pluralisti si sono adoperati ad argomentare che la commensurabilità non è un requisito necessario alla scelta razionale. In questo articolo sosterrò che vi è un argomento ancora più radicale di quello pluralista e pragmatista secondo il quale la commensurabilità, così come l’incommensurabilità, non sono ipotesi sulla natura del valore, ma sono piuttosto atti costitutivi della valutazione. Questo argomento ci invita a ripensare lo scopo della deliberazione e ci richiede di elaborare un linguaggio valutativo più ricco ed articolato di quello dicotomico a cui ci ha abituato il dibattito sulla commensurabilità del valore.

This paper argues that to understand the varieties of wrongs done in coercion, we should examine the dynamic normative relation that the coercer establishes with the coerced. The case rests on a critical examination of coercion by threat, which is proved irreducible to psychological inducement by overwhelming motives, obstruction of agency by impaired consent or deprivation of genuine choice. In contrast to physical coercion, coercion by threat requires the coercee’s participation in deliberation to succeed. For this kind of coercion to be successful, there must be a normative relation established by the coercer and the coercee, in which they recognize each other as rational agents. In such cases, the coercee is wronged in the exercise of her deliberative powers. As a consequence, this form of coercion does not cancel the coercee’s moral responsibility for coerced action. Reclaiming the coercee’s responsibility for action under threat does not diminish the visibility and gravity of the coercer’s wrongdoing. On the contrary, it allows us to capture some features of the coercive relation that otherwise remain unfocused and thus identify the distinctive ways in which the coercee is wronged.

According to a traditional account, moral cognition is an achievement gained over time by sharing a practice under the guidance and the example of the wise, in analogy with craft and apprenticeship. This model captures an important feature of practical reason, that is, its incompleteness, and highlights our dependence on others in obtaining moral knowledge, coherently with the socially extended mind agenda and recent findings in empirical psychology. However, insofar as it accords to exemplars’ decisive authority to determine the standard of correctness for moral cognition, the model does not offer protection against arbitrariness and discrimination. The article argues that to understand the socially distributed nature of practical knowledge, we have to discard the notion of exemplars and reconceive of others as having equal normative standing. This claim allows us to revisit the conception of autonomy as key to distributed practical knowledge. While autonomy does not amount to selfsufficiency and self-reliance, it does demand independence of judgement and stands in contrast to servility, submission, and other sorts of defective ways of relying on others. The requirement of equal standing provides the basis for distinguishing between proper and improper reliance on others. Keywords: autonomy, Aristotle, exemplarism, extended mind, constructivism, practical knowledge, equal standing

This book explores the role of time in rational agency and practical reasoning. Agents are finite and often operate under severe time constraints. Action takes time and unfolds in time. While time is an ineliminable constituent of our experience of agency, it is both a theoretical and practical problem to explain whether and how time shapes rational agency and practical thought. The essays in this book are divided in three parts. Part I is devoted to the temporal structure of action and agency, from metaphysical and metaethical perspectives. Part II features essays about the temporal structure of rational deliberation, from the perspective of action theory and theories of practical reasoning. Finally, Part III includes essays about to the temporal aspects of failures of rationality. Taken together, the essays in this book sheds new light on our understanding of the temporality of agency that coheres with our subjective sense of finitude and explains rational agency both in time and over time. Time in Action will be of interest to advanced students and researchers working on the philosophy of time, metaphysics of action, action, theory, practical reasoning, ethical theory, moral psychology, and rational justification.

Gaslighting is a form of domination which builds upon multiple and mutually reinforcing strategies that induce rational acquiescence. Such abusive strategies progressively insulate the victims and inflict a loss in self-respect, with powerful alienating effects. In arguing for these claims, I reject the views that gaslighting is an epistemic or structural wrong, or a moral wrong of instrumentalization. In contrast, I refocus on personal addresses that use, affect, and distort the very practice of rational justification. Further, I argue that the social dimension of gaslighting cannot be fully explained by reference to bare social structures because this compound wrong succeeds via emotional person-to-person addresses. Rational justification becomes, then, the locus where the struggle for power takes place. This struggle involves and is operated by not only victims and wrongdoers but also third parties. They are crucial actors in wrongdoing as well as in rescuing the victims and restoring their normative status. Ultimately, this study shows that the deontic structure of wrong is multifocal, and its relationality points to modes of epistemic and moral rehabilitation that are also modes of social empowerment.

On Kant's view, the feeling of respect is the mark of moral agency, and is peculiar to us, animals endowed with reason. Unlike any other feeling, respect originates in the contemplation of the moral law, that is, the idea of lawful activity. This idea works as a constraint on our deliberation by discounting the pretenses of our natural desires and demoting our selfish maxims. We experience its workings in the guise of respect. Respect shows that from the agent's subjective perspective, morality is the experience of being bound and necessitated, but also of being free and emancipated from inclinations.Respect is a feeling that is generated by the agent's reflection on the nature of her own agency. It is not directed to anybody in particular, but to the very idea of rational agency, which is characterized by self-mastery and self-legislation. Contrary to animals, we do not derive our ends from nature, but we are capable of setting ends of our own, by exercising practical reason, that is, by engaging in the activity of law making.

Are the emotions relevant for the theory of value and normativity? Is there a set of morally correct arrangements of emotions? Current debates are often structured as though there were only two theoretical options to approach these questions, a sentimentalist theory of some sort, which emphasizes the role of emotions in forming ethical behaviour and practical thought, and intellectualist rationalism, which denies that emotions can help at all in generating normativity and contributing to moral value, hence also denying that they may have any role to play in moral agency and moral thinking. In what follows, I will offer a Kantian account of ‘practical reason’ as the seat of moral agency, which recognizes a diversified and complex relation between reason and sensibility.