Evan Riley

A dispositional theory of skill, such as that defended by Stanley and Williamson, might seem promising. Such a theory looks to provide a unified intellectualist account of skill reflecting insights from cognitive science and philosophy. I argue that any theory of the kind fails given that skill is broadly answerable to the will. A person may be characteristically disposed both against the exercise of her skill and against any associated intentional forming of knowledge. Clearly she does not cease thereby to be skilled. I consider four replies, none of which vindicate this kind of theory.

Is implementing the beneficent nudge program morally permissible in worlds like ours? I argue that there is reason for serious doubt. I acknowledge that beneficent nudging is highly various, that nudges are in some circumstances morally permissible and even called for, and that nudges may exhibit respect for genuine autonomy. Nonetheless, given the risk of epistemic injustice that nudges typically pose, neither the moral permissibility of beneficent nudging in the abstract, nor its case-by-case vindication, appears sufficient to justify implementing a nudge program in worlds like ours. Drawing on Miranda Fricker’s account of epistemic injustice, I argue that the cogent defense of any nudge program, relative to worlds like ours, stands in need of serious attention to its potential for fostering or sustaining epistemic injustice. A more specific point hinges on recognizing a form of epistemic injustice not enough attended to in the literature to date, which I call reflective incapacitational injustice. This includes relative disadvantages in the attaining of the capacity to engage in critical reason, such as the capacity to go in for potentially critical reasoned deliberation and discursive exchange concerning ends. Since Cass Sunstein’s First Law of behaviorally informed regulation would be taken, in worlds like ours, to justify indeterminately many nudges leading to such epistemic injustice we have general grounds for doubting the moral permissibility of this nudge program. We should hence oppose the implementation of any such program until it is shown not to violate the demands of epistemic justice.

Amartya Sen has recently leveled a series of what he alleges to be quite serious very general objections against Rawls, Rawlsian fellow travelers, and other social contract accounts of justice. In The Idea of Justice, published in 2009, Sen specifically charges his target philosophical views with what calls transcendentalism, procedural parochialism, and with being mistakenly narrowly focused on institutions. He also thinks there is a basic incoherence—arising from a version of Derek Parfit’s Identity Problem—internal to the Rawslian theoretical apparatus. Sen would have political philosophy pursue intersocietal comparisons of relative justice more directly and in the manner of social choice theory. Yet the positive argument he develops in support of this method is quite thin. That aside, Sen’s polemical strategy of inflicting death by a thousand cuts is ineffective against the Rawlsian paradigm. For, as I show herein, none of these criticisms have the force we might be led to expect.

I show that the standard libertarian conception of justice is vulnerable to a kind of basic collective self-defeat not characteristic of its rivals. All deontological liberals, including the libertarian, ought to be committed to two very general claims regarding the nature of justice. The RSC (Reasonable Stability Criterion) is the requirement that in the just society, human beings will typically exhibit genuine literacy with the relevant conception. The MEC (Moral Education Condition) consists in the thought that a necessary condition for any such literacy is a proper moral education. It is consistent with full respect for standard libertarian justice that a society living under its auspices will fail to satisfy the RSC, by failing to provide moral education to those who need it. This issues in the collective self-defeat of the conception, for by respecting all and only the constraints constitutive of libertarian justice, the group will have undermined the achievement of a characteristic aim