I explore, from a proof-theoretic perspective, the hierarchy of classical and paraconsistent logics introduced by Barrio, Pailos and Szmuc in (Journal o f Philosophical Logic,49, 93-120, 2021). First, I provide sequent rules and axioms for all the logics in the hierarchy, for all inferential levels, and establish soundness and completeness results. Second, I show how to extend those systems with a corresponding hierarchy of validity predicates, each one of which is meant to capture “validity” at a different inferential level. Then, (...) I point out two potential philosophical implications of these results. (i) Since the logics in the hierarchy differ from one another on the rules, I argue that each such logic maintains its own distinct identity (contrary to arguments like the one given by Dicher and Paoli in 2019). (ii) Each validity predicate need not capture “validity” at more than one metainferential level. Hence, there are reasons to deny the thesis (put forward in Barrio, E., Rosenblatt, L. & Tajer, D. (Synthese, 2016)) that the validity predicate introduced in by Beall and Murzi in (Journal o f Philosophy,110(3), 143–165, 2013) has to express facts not only about what follows from what, but also about the metarules, etc. (shrink)

Several authors maintain that we are capable of having inconsistent intentional states, either in cases of illusion, in certain cases of imagination, or because the observable world is (partly) inconsistent and we perceive it as such. These views are all premised on the assumption that inconsistent intentional states—even if acknowledged—are peculiar and have nothing essential to do with our perceptual capacities. In the present article, I would like to present, and argue for, a much stronger thesis: that inconsistent intentional states (...) underlie the possibility of having intentional content in mind. I argue for this thesis based on a Husserlian phenomenological analysis of our grasp of objects, which I formulate in terms of incompatibility semantics. (shrink)

Graham Priest has formulated the minimally inconsistent logic of paradox (MiLP), which is paraconsistent like Priest’s logic of paradox (LP), while staying closer to classical logic. We present logics that stand to (the propositional fragments of) strong Kleene logic (K3) and the logic of first-degree entailment (FDE) as MiLP stands to LP. That is, our logics share the paracomplete and the paraconsistent-cum-paracomplete nature of K3 and FDE, respectively, while keeping these features to a minimum in order to stay closer to (...) classical logic. We give semantic and sequent-calculus formulations of these logics, and we highlight some reasons why these logics may be interesting in their own right. (shrink)

A coherent practice of mens rea (‘guilty mind’) ascription in criminal law presupposes a concept of mens rea which is insensitive to the moral valence of an action’s outcome. For instance, an assessment of whether an agent harmed another person intentionally should be unaffected by the severity of harm done. Ascriptions of intentionality made by laypeople, however, are subject to a strong outcome bias. As demonstrated by the Knobe effect, a knowingly incurred negative side effect is standardly judged intentional, whereas (...) a positive side effect is not. We report the first empirical investigation into intentionality ascriptions made by professional judges, which finds (i) that professionals are sensitive to the moral valence of outcome type, and (ii) that the worse the outcome, the higher the propensity to ascribe intentionality. The data shows the intentionality ascriptions of professional judges to be inconsistent with the concept of mens rea supposedly at the foundation of criminal law. (shrink)

T In [Rea 2006], Michael Rea presents an argument that presentism is incompatible with a libertarian view of human freedom and the unrestricted principle of bivalence. I aim to show that Rea’s argument fails. The outline of my paper is as follows. In Part I, I briefly explain the above three views and I present Rea’sargument. In Part II, I argue that one of the premises of the argument is unjustified.

My goal in this paper is to provide critical discussion of Michael Rea’s case for three of the controversial theses defended in his World Without Design (Oxford University Press, 2002): (1) that naturalism must be viewed as what he calls a “research program”; (2) that naturalism “cannot be adopted on the basis of evidence,” as he puts it; and (3) that naturalists cannot be justified in accepting realism about material objects.

Substantial review of Michael Rea's, World without design: the ontological consequences of naturalism. It is an improved version of my paper, "Rea On Naturalism" in Philo, 2004, revised in light of Rea's comments on the earlier paper. The discussion focuses on Rea’s case for three of his theses: that naturalism must be viewed as a ‘research programme’; that naturalism ‘cannot be adopted on the basis of evidence’, as he puts it; and that naturalists cannot be justified in accepting realism about (...) material objects. (shrink)

In a recent book, Neil Levy argues that culpable action – action for which we are morally responsible – is necessarily produced by states of which we are consciously aware. However, criminal defendants are routinely held responsible for criminal harm caused by states of which they are not conscious in Levy’s sense. In this chapter I argue that cases of negligent criminal harm indicate that Levy’s claim that moral responsibility requires synchronic conscious awareness of the moral significance of an act (...) is too strict, and that tracing conditions cannot be successfully used to bolster Levy’s account. Instead, current legal practices indicate that criminal responsibility requires the capacity for diachronic agency and self-control, not synchronic conscious control. (shrink)

Accomplice liability makes someone guilty of a crime he never committed, so long as he helped or influenced the perpetrator and did so with the required mens rea. Just what that mens rea should be has been contested for more than a century. Here I consider three major approaches and find them all wanting. I propose rejecting their common (but rarely questioned) assumption that what matters is the helper’s mental state toward the perpetrator’s commission of an offense. I suggest considering (...) instead his stance toward the perpetrator’s intention to act: a helper is an accomplice, on this view, if he (a) intends to see to it that the principal form or keep his own plan to commit an offense and (b) does not intend or expect that plan’s frustration. This standard better justifies imposing accomplice liability. It more precisely picks out those helpers culpable for the perpetrator’s very offense. And this parity of guilt is the best—perhaps the only good—basis for imposing the same liability on accomplice and principal, in a system so retribution-driven as to choose to do so at all. (shrink)

While philosophers hold that it is patently absurd to blame robots or hold them morally responsible [1], a series of recent empirical studies suggest that people do ascribe blame to AI systems and robots in certain contexts [2]. This is disconcerting: Blame might be shifted from the owners, users or designers of AI systems to the systems themselves, leading to the diminished accountability of the responsible human agents [3]. In this paper, we explore one of the potential underlying reasons for (...) robot blame, namely the folk's willingness to ascribe inculpating mental states or "mens rea" to robots. In a vignette-based experiment (N=513), we presented participants with a situation in which an agent knowingly runs the risk of bringing about substantial harm. We manipulated agent type (human v. group agent v. AI-driven robot) and outcome (neutral v. bad), and measured both moral judgment (wrongness of the action and blameworthiness of the agent) and mental states attributed to the agent (recklessness and the desire to inflict harm). We found that (i) judgments of wrongness and blame were relatively similar across agent types, possibly because (ii) attributions of mental states were, as suspected, similar across agent types. This raised the question - also explored in the experiment - whether people attribute knowledge and desire to robots in a merely metaphorical way (e.g., the robot "knew" rather than really knew). However, (iii), according to our data people were unwilling to downgrade to mens rea in a merely metaphorical sense when given the chance. Finally, (iv), we report a surprising and novel finding, which we call the inverse outcome effect on robot blame: People were less willing to blame artificial agents for bad outcomes than for neutral outcomes. This suggests that they are implicitly aware of the dangers of overattributing blame to robots when harm comes to pass, such as inappropriately letting the responsible human agent off the moral hook. (shrink)

Unified Modeling Language (UML) of Object Management Group, along with Object Constraint Language (OCL), are considered as the best fit for blockchain ontology. OCL is a declarative language that describes the rules applicable to UML models and is part of the UML standard. Initially, OCL was just an extension of the formal specification language for UML. Now, OCL can be used with any meta-model. Enterprise ontology is combined with the business ontology of Resources, Events, Agents (REA) to be used for (...) the content of the change. REA was originally proposed in 1982 by William E. McCarthy as generalized accounting model. DOI: 10.13140/RG.2.2.14744.14083. (shrink)

In an important discussion of the problem of hiddenness, Michael Rea briefly presents and defends an argument from divine hiddenness which he thinks encapsulates the problem of divine hiddenness, and then develops a detailed and nuanced response to this argument. Importantly, Rea claims that his response does not depend on the commonly held theistic view that God allows hiddenness to secure human goods. In this paper I offer a detailed criticism of Rea’s account of what justifies God in allowing divine (...) hiddenness, arguing that Rea’s response to the argument from divine hiddenness is unsuccessful. (shrink)

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...) a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by s. 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded on their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable” given what the accused knew, the legal definition of consent in section 273.1 is easily over-looked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. -/- That is precisely what we see here; the result is often failure to enforce the law. The author proposes: -/- (a) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and -/- (b) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent. (shrink)

The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis of criminal (...) responsibility, and error. The problem illustrates how easily old rhetoric perpetuates assumptions that no longer have a place in Canadian law. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...) simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

Condition essentielle de la responsabilité civile, la notion de causalité reste aujourd’hui difficile à saisir et sujette à nombreuses discussions. Les contributions présentées dans cet ouvrage abordent la question à nouveaux frais, en adoptant un point de vue résolument interdisciplinaire mêlant philosophie, droit et économie. Sont envisagées successivement des difficultés que le contentieux de la causalité met régulièrement en évidence. Ainsi, la difficile articulation entre causalité juridique et causalité scientifique conduit à s’interroger sur le rôle de la science : doit-elle (...) guider le droit ou faut-il considérer que la causalité en droit n’est qu’un “construit” juridique dégagé de toute perspective scientifique ? Sont également évoquées les diverses tentatives de formalisation analytique de la causalité comme l’analyse contrefactuelle, le critère NESS et les définitions probabilistes de la causalité, ainsi que leur capacité à répondre aux questions redoutables suscitées par la présence de co-auteurs multiples ou d’hypothèses de “surdétermination causale”. Ces réflexions fondamentales ouvrent alors sur les autres aspects clefs de la causalité en droit et en économie comme la preuve et le rôle du raisonnement probabiliste, ou les modalités de la contribution à la dette de réparation en présence d’une pluralité de co-auteurs. Est alors mis en évidence l’apport des sciences économiques, qui permet de classer les différentes techniques d’attribution de la responsabilité et de discuter des propriétés économiques des règles de répartition de la charge de la dette de réparation. Cet ouvrage s’adresse aux chercheurs et aux praticiens confrontés aux questions délicates posées par la causalité dans le droit de la responsabilité civile. (shrink)

Mistificări istoriografice. Un scaun episcopal neocupat de „ctitorul de frunte al Filocaliei”. Cum să împiedici intelectualii și cohortele de tărani să-l aculte pe Sfântul de la Sâmbăta care „predica dumnezeiește”. Rectitorirea Mănăstirii Prislop a urmat rectitoririi Mânăstirii Brâncoveanu. Lagăre și închisori de exterminare unde a pătimit Starețul de la Sâmbăta si apoi de la Prislop. Dresații învățământului post-comunist și stupefianta lor credulitate. Părintele Arsenie Boca își vedea propriile suferințe viitoare. Securitatea sovietică nu l-a gasit vinovat. Mărturia unui elev trecut prin (...) „Moara lui Kalușek”. Minciuni securiste văzute de cercetătorii de azi ca adevăr revelat. Lățirea minciunii în spusele călugărului Teofil Pârâian. Paradigma „Arsenie Boca – Părăian” după modelul Eliade -Culian’ si Noica – Liicean’ de promovare a „înlocuitorilor”. Uciderea în anii ‘80 a unui preot polonez asemănătoare cu schingiuirea Părintelui Arsenie Boca la 79 de ani. Mărturii în răspăr cu istoria prefabricată în arhivele Securității și difuzată prin pangare, prin librării și prin internet de cercetători precum A.N. Petcu, G. Enache, V. Manea, F. Bichir etc. (shrink)

It is undeniable that human beings seek happiness and have difficulty finding it. This is not a new phenomenon: ever since ancient times man has wondered about what happiness is, where it lies and how to achieve it. For the Greeks, a people of deep pessimism, the search for happiness (eudaimonia) was a traditional theme of philosophy and it was precisely in Greece where Epicurus ́ (341-270 BC) doctrine of happiness emerged. A cursed and manipulated author (just like his admirer (...) Nietzsche), Epicurus has probably been the thinker who has most lucidly approached the question of eudaimonia. Its doctrine seeks and promises its followers happiness through pleasure (hedoné), self-sufficiency (autarky), friendship (philía) and mental calm (ataraxia), offering itself as medicine against the pain of flesh and the sufferings of the mind. But Epicurean hedonism, which harmonizes well with the ancient Apollonian maxim that wisdom consists of moderation and the knowledge of limits, is totally removed from both the tyranny of the happycracy and from the noxious culture of unrestrained and vacuous desire of contemporary postmodernity. This is precisely why Epicurus's timeless proposal for authentic happiness deserves to be known for everyone: for constituting an effective therapy against the ills that afflict the nihilistic human being of the neoliberal era. (shrink)

Brogaard and Salerno (2005, Nous, 39, 123–139) have argued that antirealism resting on a counterfactual analysis of truth is flawed because it commits a conditional fallacy by entailing the absurdity that there is necessarily an epistemic agent. Brogaard and Salerno's argument relies on a formal proof built upon the criticism of two parallel proofs given by Plantinga (1982, "Proceedings and Addresses of the American Philosophical Association", 56, 47–70) and Rea (2000, "Nous," 34, 291–301). If this argument were conclusive, antirealism resting (...) on a counterfactual analysis of truth should probably be abandoned. I argue however that the antirealist is not committed to a controversial reading of counterfactuals presupposed in Brogaard and Salerno's proof, and that the antirealist can in principle adopt an alternative reading that makes this proof invalid. My conclusion is that no reductio of antirealism resting on a counterfactual analysis of truth has yet been provided. (shrink)

This 9,000+ word entry briefly assesses five models of the Trinity, those espoused by (i) Richard Swinburne, (ii) William Lane Craig, (iii) Brian Leftow, (iv) Jeff Brower and Michael Rea, and (v) Peter van Inwagen.

Recently, several philosophers have recast feminist arguments against pornography in terms of Speech Act Theory. In particular, they have considered the ways in which the illocutionary force of pornographic speech serves to set the conventions of sexual discourse while simultaneously silencing the speech of women, especially during unwanted sexual encounters. Yet, this raises serious questions as to how pornographers could (i) be authorities in the language game of sex, and (ii) set the conventions for sexual discourse - questions which these (...) speech act-theoretic arguments against pornography have thus far failed to adequately answer. I fill in this gap of the argumentation by demonstrating that there are fairly weak standards for who counts as an authority or convention-setter in sexual discourse. With this analysis of the underpinnings of a speech act analysis of pornography in mind, I discuss a range of possible objections. I conclude that (i) the endorsement of censorship by a speech act analysis of pornography competes with its commitment to the conventionality of speech acts, and, more damningly, that (ii), recasting anti-pornography arguments in terms of linguistic conventions risks an unwitting defence of a rapist's lack of mens rea - an intolerable result; and yet resisting this conclusion requires that one back away from the original claim to women's voices being 'silenced'. (shrink)

The doctrine of mens rea can be expressed in this way: MRP: If A is culpable for performing phi, then A performs phi intentionally in circumstances in which it is impermissible to perform phi. The Sermon on the Mount suggests the following principle: SMP: If A intends to perform phi in circumstances in which it would be impermissible for A to perform phi, then A’s intending to perform phi makes A as culpable as A would be were A to perform (...) phi. MRP and SMP are principles representative of intentionalism, a family of views that emphasizes the importance of intention to judgments about culpability. This essay examines an intentionalist’s defense of MRP with respect to lying, strict criminal liability, and the distinction between intention and foreseeability, along with a defense of SMP with respect to failed attempts, and self-defense. (shrink)

According to fitting-attitude (FA) accounts of value, X is of final value if and only if there are reasons for us to have a certain pro-attitude towards it. FA accounts supposedly face the wrong kind of reason (WKR) problem. The WKR problem is the problem of revising FA accounts to exclude so called wrong kind of reasons. And wrong kind of reasons are reasons for us to have certain pro-attitudes towards things that are not of value. I argue that the (...) WKR problem can be dissolved. I argue that (A) the view that there are wrong kind of reasons for the pro-attitudes that figure in FA accounts conflicts with the conjunction of (B) an extremely plausible and extremely weak connection between normative and motivating rea- sons and (C) an extremely plausible generality constraint on the reasons for pro- attitudes that figure in FA accounts. I argue that when confronted with this trilemma we should give up (A) rather than (B) or (C) because there is a good explanation of why (A) seems so plausible but is in fact false, but there is no good explanation of why (B) and (C) seem so plausible but are in fact false. (shrink)

Reprinted in Philosophy of Religion: An Anthology, Wadsworth 2015, 6th edition, eds Michael Rea and Louis Pojman. What is propositional faith? At a first approximation, we might answer that it is the psychological attitude picked out by standard uses of the English locution “S has faith that p,” where p takes declarative sentences as instances, as in “He has faith that they’ll win”. Although correct, this answer is not nearly as informative as we might like. Many people say that there (...) is a more informative answer. They say that, at the very least, propositional faith requires propositional belief. More precisely, they say that faith that p requires belief that p or that it must be partly constituted by belief that p. This view is common enough; call it the Common View. I have two main aims in this paper: (i) to exhibit the falsity of the Common View and the paucity of reasons for it, and (ii) to sketch a more accurate and comprehensive account of what propositional faith is. (shrink)

According to a common interpretation, most explicitly defended by Onora O’Neill and Patricia Kitcher, Kant held that epistemic obligations normatively depend on moral obligations. That is, were a rational agent not bound by any moral obligation, then she would not be bound by any epistemic obligation either. By contrast, in this paper, I argue that, according to Kant, some epistemic obligations are normatively independent from moral obligations, and are indeed normatively absolute. This view, which I call epistemicism, has two parts. (...) First, it claims that in the absence of other kinds of obligations, rational agents would still be bound by these epistemic obligations, i.e., that the latter are normatively independent. Second, it claims that, no matter what other obligations are at stake, rational agents are bound by these epistemic obligations, i.e., the normativity of these epistemic obligations is absolute in that it cannot be undercut by any moral or other sort of obligation. The argument turns on an exploratory reading of Kant’s remarks in “What Is Orientation in Thinking?” (1786) about the maxim of “thinking for oneself” as the “supreme touchstone of truth.” In contrast to O’Neill and Kitcher, I argue that if we interpret this maxim as stating the unifying principle of theoretical and practical reason, then we must interpret it as stating an epistemic, and not merely practical imperative. This result, I argue, vindicates epistemicism and illuminates interesting lessons about Kant’s conception of the category of “epistemic” norms. Further, it helps us make headway with Kant’s enigmatic remarks about the unity of practical and theoretical reason in the Groundwork, first and the second Critiques, and the Lectures on Logic. On my proposal, principles of the practical and theoretical uses of rea-son are unified through a formal epistemic principle. (shrink)

Abstract: At present, psychiatric disorders are characterized descriptively, as the standard within the scientific community for communication and, to a cer- tain extent, for diagnosis, is the DSM, now at its fifth edition. The main rea- sons for descriptivism are the aim of achieving reliability of diagnosis and improving communication in a situation of theoretical disagreement, and the Ignorance argument, which starts with acknowledgment of the relative fail- ure of the project of finding biomarkers for most mental disorders. Descrip- tivism (...) has also the advantage of capturing the phenomenology of mental dis- orders, which appears to be essential for diagnosis, though not exhaustive of the nature of the disease. I argue that if we rely on the distinction between conceptions (procedures of identification) and concepts (reference-fixing representations), which was introduced in the philosophical debate on the nature of concepts, we may understand a limited but valid role for descrip- tive characterizations, and reply to common objections addressed by those who advocate a theoretically informed approach to nosology. (shrink)

In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...) asymmetry across perceived probabilities constitutes a systematic cognitive distortion. We then explore three distinct strategies to alleviate the hindsight bias and its downstream effects on mens rea and culpability ascriptions. Not all are successful, but at least some prove promising. They should, we argue, be taken into consideration in criminal jurisprudence, where distortions due to the hindsight bias are likely considerable and deeply disconcerting. (shrink)

Recent research shows – somewhat astonishingly – that people are willing to ascribe moral blame to AI-driven systems when they cause harm [1]–[4]. In this paper, we explore the moral- psychological underpinnings of these findings. Our hypothesis was that the reason why people ascribe moral blame to AI systems is that they consider them capable of entertaining inculpating mental states (what is called mens rea in the law). To explore this hypothesis, we created a scenario in which an AI system (...) runs a risk of poisoning people by using a novel type of fertilizer. Manipulating the computational (or quasi-cognitive) abilities of the AI system in a between-subjects design, we tested whether people’s willingness to ascribe knowledge of a substantial risk of harm (i.e., recklessness) and blame to the AI system. Furthermore, we investigated whether the ascription of recklessness and blame to the AI system would influence the perceived blameworthiness of the system’s user (or owner). In an experiment with 347 participants, we found (i) that people are willing to ascribe blame to AI systems in contexts of recklessness, (ii) that blame ascriptions depend strongly on the willingness to attribute recklessness and (iii) that the latter, in turn, depends on the perceived “cognitive” capacities of the system. Furthermore, our results suggest (iv) that the higher the computational sophistication of the AI system, the more blame is shifted from the human user to the AI system. (shrink)

Mens rea means a guilty mind; guilty knowledge and wilfulness without clear permission to do so. The 1924 Declaration of the Rights of the Child and the 1948 Universal Declaration of Human Rights, followed by the 1959 Declaration of the Rights of the Child have all been ignored by the UK Home Secretary and the UK Prime Minister. These universal laws place the child in the nexus of the State, the parents, and the broader society. The 1959 Declaration claims in (...) its Preamble, that “mankind owes to the child the best it has to give” and it contains ten principles outlining numerous rights of children. See also, Philip Alston, “The Best Interests Principles towards a reconciliation of culture and human rights”, (1994), 8, International Journal of Law and the Family, 1-25, 6. -/- . (shrink)

Reprinted in Philosophy of Religion: An Anthology, Wadsworth, 2013, 6th edition, eds. Michael Rea and Louis Pojman. In this essay, I argue that the moral skepticism objection to what is badly named "skeptical theism" fails.

Belief-state ascription — determining what someone “knew,” “believed,” was “aware of,” etc. — is central to many areas of law. In criminal law, the distinction between knowledge and recklessness, and the use of broad jury instructions concerning other belief states, presupposes a common and stable understanding of what those belief-state terms mean. But a wealth of empirical work at the intersection of philosophy and psychology — falling under the banner of “Experimental Epistemology” — reveals how laypeople’s understandings of mens rea (...) concepts differ systematically from what scholars, courts, and perhaps legislators, have assumed. -/- As implemented, mens rea concepts are much more context-dependent and normatively evaluative than the conventional wisdom suggests, even assuming that jurors are following jury instructions to the letter. As a result, there is less difference between knowledge and recklessness than is typically assumed; jurors consistently “over”-ascribe knowledge to criminal defendants; and concepts like “belief,” “awareness,” and “conscious disregard” mean different things in different contexts, resulting in mens rea findings systematically responsive to aspects of the case traditionally considered irrelevant to the meaning of those terms. -/- This Article provides the first systematic account of the factors driving jurors’ ascriptions of the specific belief states criminal law invokes. After surveying mens rea jury instructions, introducing the Experimental Epistemology literature to the legal literature on mens rea, and examining the implications of that literature for criminal law, this Article considers ways to begin bridging the surprisingly large gap between mens rea theory and practice. (shrink)

The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing (...) need for change. (shrink)

This paper provides an opinionated guide to discussions of acting and believing on the basis of reasons. I aim to bring closer together largely separate literatures in practical rea- son and in epistemology. I focus on three questions. First, is basing causing? Causal theories of basing remain popular despite the notorious Problem of Deviant Causal Chains. Causal theorists in both the epistemic and practical domains have begun to appeal to dispositions to try and solve the problem. Second, how unified are (...) acting and believing on the basis of reasons? I consider an important challenge to their unity due to Setiya. I sketch a response, which posits unity of causal structure across acting and believing on the basis of reasons. Third, how does acting or believing on the basis of a good reason relate to acting or believing on the basis of a reason simpliciter? I generalize a recent argument of Lord and Sylvan's to include acting as well as believing. The conclusion is that, for both believing and acting, ϕing on the basis of a good reason does not amount to ϕing on the basis of a reason that just so happens to be good. (shrink)

This chapter will argue that the criminal law is most compatible with a specific theory regarding the mind/body relationship: non-eliminative reductionism. Criminal responsibility rests upon mental causation: a defendant is found criminally responsible for an act where she possesses certain culpable mental states (mens rea under the law) that are causally related to criminal harm. If we assume the widely accepted position of ontological physicalism, which holds that only one sort of thing exists in the world – physical stuff – (...) non-eliminative reductive physicalism about the mind offers the most plausible account of the full-bodied mental causation criminal responsibility requires. Other theories of the mind/body relationship, including elminativism and non-reductive physicalism, threaten criminal responsibility because they do not offer satisfactory accounts of mental causation. Eliminativism, as the name implies, eliminates the mental or is skeptical that it can do the causal work necessary to responsibility; and non-reductive theories disconnect the mental from the physical/casual world such that the mental can no longer have reliable causal effects. (shrink)

A gunman intends to shoot and kill Victim. He shoots and misses his target, but the gunshot startles a group of water buffalo, causing them to trample the victim to death. The gunman brings about the intended effect, Victim’s death, but in a “deviant” way rather than the one planned. This paper argues that such causal structures, deviant causal chains, pose serious problems for several key legal concepts. -/- I show that deviant causal chains pose problems for the legal distinction (...) between attempts and completed crimes, and also for the distinction between attempts and mere preparations. I then suggest that cases of deviant causation undermine notions of legal liability for completed crimes in terms of actus reus and mens rea, and argue that natural accounts of negligence misclassify some cases involving deviant causal chains. After diagnosing several conceptual vulnerabilities in the law revealed by deviant causal chains, I show that natural strategies for shoring up legal theories in the face of these examples are unpromising. (shrink)

In recent years, there has been an increasing interest in the development of well-founded conceptual models for Service Management, Accounting Information Systems and Financial Reporting. Economic ex- changes are a central notion in these areas and they occupy a prominent position in frameworks such as the Resource-Event Action (REA) ISO Standard, service core ontologies (e.g., UFO-S) as well as financial stan- dards (e.g. OMG’s Financial Industry Business Ontology - FIBO). We present a core ontology for economic exchanges inspired by a (...) recent view on this phenomenon. According to this view, economic exchanges are based on an agreement on the actions that the agents are committed to perform. This view enables a unified treatment of economic exchanges, regardless the object of the transaction. We ground our core ontology on the Unified Foundational Ontology (UFO), discussing its formal and conceptual aspects, instantiating it as a reusable OntoUML model, and confronting it with the REA standard and the UFO-S service ontology. (shrink)

This replies to Block 2019 (B19), which responds to Lester 2014 (L14). The main issues in the, varyingly sized, sections are as follows. 1 Further explanations of critical rationalism, the theory of liberty, and problems with the non-aggression principle. 2.1 The relationships among law, morality, and libertarianism. 2.2 The objective invasiveness of low-level radiation and that it is therefore an initiated imposition (albeit trivial) if someone inflicts it on non-consenting people. 2.3 The objective and subjective aspects of initiated impositions; and (...) how clashes can be resolved. 2.4 How liberty relates to risk and self-ownership. 2.5 Libertarian initial acquisition versus absolute property rights by labour-mixing. 2.6 Organisational note. 2.7 Libertarianism and mens rea. 2.8 Libertarian rectification versus lex-talionis doubling. 2.9 Indirectly clashing rights, self-preservation, trespasser-hiker, flagpole-grasper, and landmine-layer. 2.10 A logical point is not a moral point. 2.11 Pacifism and libertarianism. 3.1 A weak criticism of utilitarianism. 3.2 Hedonometers; approximate interpersonal comparisons of utility imply libertarianism; what a libertarian is; libertarian rankings. 4. Libertarian philosophy versus propertarian dogma. Coda: the need to take seriously the philosophical problems with propertarian-justificationist libertarianism. (shrink)

In Analysis, Vol. 45, June 1984, George Rea published a paper attacking my claim that there could be ‘indeterminate minds'. This paper is a reply to his attack. I claim, again, that such ‘minds’ are possible – entities such that it is indeterminate whether or not these entities are people with minds. -/- .

This paper concerns an important and exciting book by Marek Dobrzeniecki Ukrytość i Wcielenie. Teistyczna odpowiedź na argument Johna L. Schellenberga za nieistnieniem Boga [Hiddenness and the Incarnation: A Theistic Response to John L. Schellenberg’s Argument for Divine Nonexistence]. After a brief discussion of the content of the book’s chapters, critical remarks are presented. They concern the adopted method and approach to Schellenberg’s philosophy in general and the argument from hiddenness in particular. The conceptual framework serving as a typologization of (...) the propositional dimension of the phenomenon of theistic belief/faith is dubious and requires in-depth research. It is worth considering the possibility of asymmetry of the attitudes of belief/faith and unbelief, which requires consideration in the reasoning whose legitimacy would assume the transfer of features from one to the other and the negation functor. Regarding the voluntarism of belief in God, the paper suggests that extreme, purely intellectual, and purely volitional positions should be considered, as well as moderate and mixed ones. It is argued extensively that Dobrzeniecki’s criticism against the arguments of Rea and Mourad is not conclusive. Just the possibility of voluntariness of disbelief undermines the validity of Schellenberg’s argument and should therefore be ruled out as much as possible. The paper suggests supplementing Dobrzeniecki’s approach with a ‘trans-paradigmatic’ approach consisting of external criticism, which, in the light of Schellenberg’s arguments being probably incompatible with the described phenomenon of religious belief in God, leads to a modification of the theoretical apparatus of Schellenberg’s paradigm. Such a modification deprives the latter’s argument of justification. --- Niniejszy artykuł dotyczy ważnej i interesującej książki Marka Dobrzenieckiego Ukrytość i Wcielenie. Teistyczna odpowiedź na argument Johna L. Schellenberga za nieistnieniem Boga. Po krótkim omówieniu zawartości poszczególnych rozdziałów książki prezentuję swoje uwagi krytyczne. Dotyczą one przyjętej metody i podejścia do filozofii Schellenberga w ogólności, a argumentu z ukrytości w szczególności. Wątpliwa i wymagająca pogłębionego badania jest siatka pojęciowa pełniąca funkcję typologizacji propozycjonalnego wymiaru fenomenu wiary teistycznej. Warta rozważania jest możliwość niesymetryczności postaw wiary i niewiary, co wymaga uwzględnienia w rozumowaniach, których zasadność zakładałaby przenoszenie cech z jednej na drugą oraz funktora negacji. W sprawie woluntaryzmu wiary w Boga sugeruję, że należy rozpatrywać nie tylko stanowiska skrajne, czysto intelektualistyczne i czysto wolicjonalne, ale także u miarkowane i mieszane. Argumentuję szeroko, że krytyka Dobrzenieckiego skierowana przeciwko argumentom Rea i Mourada nie jest konkluzywna. Argumentuję, że samo możliwość woluntarności niewiary podważa zasadność argumentu Schellenberga i dlatego powinna ona być wykluczona w sposób maksymalnie możliwie uzasadniony. Sugeruję uzupełnienie podejścia Dobrzenieckiego o podejście ‘transparadygmatyczne’ polegające na rodzaju krytyki zewnętrznej, która w świetle nieprzystawania argumentacji Schellenberga do opisywanego fenomenu prowadzi do modyfikacji aparatu teoretycznego paradygmatu Schellenberga. Taka modyfikacja odbiera argumentowi tego ostatniego moc uzasadniającą. (shrink)

In recent years, there has been an increasing interest in thedevelopment of ontologically well-founded conceptual models for Information Systems in areas such as Service Management, Accounting Information Systems and Financial Reporting. Economic exchanges are central phenomena in these areas. For this reason, they occupy a prominent position in modelling frameworks such as the REA (Resource-EventAction) ISO Standard as well as the FIBO (Financial Industry BusinessOntology). In this paper, we begin a well-founded ontological analysisof economic exchanges inspired by a recent ontological (...) view on the nature of economic transactions. According to this view, what counts asan economic transaction is based on an agreement on the actions thatthe agents are committed to perform. The agreement is in turn based on convergent preferences about the course of action to bring about. This view enables a unified treatment of economic exchanges, regardless the object of the transaction, and complies with the view that all economictransactions are about services. In this paper, we start developing our analysis in the framework of the Unified Foundational Ontology (UFO). (shrink)

An overview of the recent debate on the Trinity in the analytic philosophy of religion. I move from putting forward the Logical Problem of the Trinity (LPT) according to R.Cartwright and M.Rea. I then define two useful notions in order to evaluate the interpretive force of the mainstream approaches to answer LPT; i.e. , be X a concept, I define maximally robust reading of X and sufficiently robust reading of X. In the subsequent section, I offer an expository analysis of (...) Latin Trinitarianism, Social Trinitarianism and Material Constitution Trinitarianism in line with such concepts. I finally advance some reasons why neither of these properly work. My main argument is that every traditional phrasing of the doctrine of the Trinity asks Christians to hold maximally robust reading both of the onefoldness of God and the threefoldness of Divine Persons. Now, while Latin Trinitarianism, Social Trinitarianism and Material Constitution Trinitarianism provide maximally robust account of God's onefoldness, they can't give a maximally robust account for Persons' threefoldness. (shrink)

This paper explores what a Rule Consequentialist of Brad Hooker's sort can and should say about normative rea- sons for action. I claim that they can provide a theory of reasons, but that doing so requires distinguishing dif- ferent roles of rules in the ideal code. Some rules in the ideal code specify reasons, while others perform differ- ent functions. The paper also discusses a choice that Rule Consequentialists face about how exactly to specify rea- sons. It ends by comparing (...) the theory of reasons offered by Rule Consequentialism with the theory offered by Act Consequentialism, noting that Rule Consequentialism seems better able to explain moral constraints. (shrink)

Reprinted in Philosophical and Theological Essays on the Trinity, Oxford, 2009, eds Michael Rea and Thomas McCall. In this essay, I assess a certain version of ’social Trinitarianism’ put forward by J. P. Moreland and William Lane Craig, ’trinity monotheism’. I first show how their response to a familiar anti-Trinitarian argument arguably implies polytheism. I then show how they invoke three tenets central to their trinity monotheism in order to avoid that implication. After displaying these tenets more fully, I argue (...) that Trinitarians would do well to hold Moreland’s and Craig’s trinity monotheism at arms length. (shrink)

In this paper I consider some issues concerning cognitive enhancements and the ethics of enhancing in reproduction and parenting. I argue that there are moral reasons to enhance the cognitive capacities of the children one has, or of the children one is going to have, and that these enhancements should not be seen as an alternative to pursuing important changes in society that might also improve one’s own and one’s children’s life. It has been argued that an emphasis on enhancing (...) cognitive capacities might encourage the commodification of children. But this objection seems misplaced. The reasons why one decides to reproduce can be subject to moral approbation or condemnation, as such rea-sons might be indicators of the quality of one’s parenting and the happiness of the future persons one is committed to bringing to life. However, once the decision to reproduce is made, no further harm comes from taking as few risks as possible on behalf of the persons to whom one is giving life with their health, character and cognitive capacities. (shrink)

Neuroscience can relate to ethics and normative issues via the brain’s cognitive control network. This network accomplishes several executive processes, such as planning, task-switching, monitoring, and inhibiting. These processes allow us to increase the accuracy of our perceptions and our memory recall. They also allow us to plan much farther into the future, and with much more detail than any of our fellow mammals. These abilities also make us fitting subjects for responsibility claims. Their activity, or lack thereof, is at (...) the heart of culpability. For instance, planning to kill someone is strong evidence of what the law calls mens rea—a guilty mind. Claims about norms, or ethical “should” claims, express two-level propositions, directed at the behaving person at one level, and at that person’s mind and cognitive control network at another level. Thus, “People should stop themselves from hurting others,” is a claim about how people should behave and also a claim about how their cognitive control networks should behave—i.e., they should inhibit harmful behavior, or the intentions leading up to it. Planning is both an ability of the full person, and of that person’s mind. Neuroscience affirms the common notion, seen both in law and folk psychology, that what makes us guilty or culpable are certain events and states that exist in our minds. Overt behavior, including speech, is fallible evidence of these states and processes. Cases of negligence still involve the executive processes, but “negatively,” in that negligence results when certain types of executive activity fail to take place. (shrink)