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)

The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally responsible for (...) their actions, as they have the executive capacity to choose not to harm (and thus are legally rational). However, many unsuccessful psychopaths have a lack of executive function that should at least partially excuse them from criminal culpability. Although a successful psychopath's increased executive function may occur in conflict with, rather than in consonance with their increased autonomic activity - producing a cognitive style characterized by self deception and articulate-sounding, but unsound reasoning - they may be capable of recognizing and correcting their lack of autonomic data, and thus can be held responsible. (shrink)

In this paper we attempt to reply to the thoughtful comments made on our book, Responsible Brains, by a stellar group of scholars. Our reply focuses on two topics discussed in the commenting papers: first, the issue of responsibility for negligent behavior; and second, the broad claim that facts about brain function are normatively inert. In response to worries that our theory lacks normative implications, we will concentrate on an area where our theory has clear relevance to law and legal (...) policy: juvenile responsibility. (shrink)

[This download includes the table of contents and chapter 1.] -/- When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant (...) on trial for murder were found to have serious brain damage, which brain parts or processes would have to be damaged for him to be considered not responsible, or less responsible, for the crime? The authors argue that evidence from neuroscience and the other cognitive sciences can illuminate the nature of responsibility and agency. They go on to offer a novel and comprehensive neuroscientific theory of human responsibility. (shrink)

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some argue (...) luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

This chapter explores whether chemical castration can be justified as a form of criminal punishment. The author argues that castration via the drug medroxyprogesterone acetate (MPA), or some similar drug, does not achieve the punishment aims of retribution, deterrence, or incapacitation, but might serve as punishment in the form of rehabilitative treatment. However, current U.S. chemical castration statutes are too broad to be justified as rehabilitative. The state is warranted in targeting psychological states in criminal defendants for rehabilitative treatment where (...) such states (a) act as a primary cause of a criminal offender’s crime and (b) give rise to extraordinary worries that the offender will recidivate. Current statutes qualify criminal offenders for castration who do not have overwhelming sexual urges or other psychological states causally related to their crime that may be treated with MPA. Thus, even assuming the efficacy of MPA, such statutes are unjustifiable because they apply chemical castration to offenders for whom castration will have no rehabilitative effect. (shrink)

US criminal courts have recently moved toward seeing juveniles as inherently less culpable than their adult counterparts, influenced by a growing mass of neuroscientific and psychological evidence. In support of this trend, this chapter argues that the criminal law’s notion of responsible agency requires both the cognitive capacity to understand one’s actions and the volitional control to conform one’s actions to legal standards. These capacities require, among other things, a minimal working set of executive functions—a suite of mental processes, mainly (...) realized in the prefrontal cortex, such as planning and inhibition—which remain in significant states of immaturity through late adolescence, and in some cases beyond. Drawing on scientific evidence of how these cognitive and volitional capacities develop in the maturing brain, the authors sketch a scalar structure of juvenile responsibility, and suggest some possible directions for reforming the juvenile justice system to reflect this scalar structure. (shrink)

This chapter examines how advances in nanotechnology might impact criminal sentencing. While many scholars have considered the ethical implications of emerging technologies, such as nanotechnology, few have considered their potential impact on crucial institutions such as our criminal justice system. Specifically, I will discuss the implications of two types of technological advances for criminal sentencing: advanced tracking devices enabled by nanotechnology, and nano-neuroscience, including neural implants. The key justifications for criminal punishment- including incapacitation, deterrence, rehabilitation, and retribution – apply very (...) differently to criminal sentences using these emerging technologies than they do to imprisonment. Further, use of these technologies would represent a shift away from retribution as the primary justification for criminal punishment. In addition, the possibility of nano-neural implants entails a new model of rehabilitation: namely, involuntary rehabilitation aimed at changing an offender’s character, rather than his environment. (shrink)

In this chapter I use virtue theory to critique certain contemporary punishment practices. From the perspective of virtue theory, respect for rational agency indicates a respect for choice-making as the process by which we form dispositions which in turn give rise to further choices and action. To be a moral agent one must be able to act such that his or her actions deserve praise or blame; virtue theory thus demands that moral agents engage in rational choice-making as a means (...) to develop and exercise the character traits from which culpable action issues. With respect to criminal offenders, virtue theory indicates the state is obligated to recognize offenders’ right to form their own moral character via rational choice-making, even while under state supervision. I will argue below that punishment practices should limit choice-making only to the extent necessary to achieve the functions of punishment : whenever possible, punishment should preserve opportunities for the rational exercise of character and development of virtue. This means that even within a prison setting incarcerated offenders should be able to make some choices about their daily lives. Offenders should also be offered opportunities to develop virtuous traits through rehabilitative programming such as drug addiction treatment, educational programming, and job training. I will also argue that two contemporary punishment practices unjustly undermine an offender’s moral agency. The first is the overuse of isolation sanctions, which very severely limits offender choice-making. The second is chemical castration, which results in limiting an offender’s capacity to develop his character within a specific realm of choice-making. I conclude that these two punishments violate offenders’ moral agency, and that this violation cannot be justified by appeal to the aims of incapacitation, deterrence, retribution, and rehabilitation. (shrink)

Neuroethics is the body of work exploring the ethical, legal, and social implications of neuroscience. This work can be separated into two rough categories. The neuroscience of ethics concerns a neuroscientific understanding of the brain processes that underpin moral judgment and behavior. The ethics of neuroscience, on the other hand, includes the potential impact advances in neuroscience may have on social, moral and philosophical ideas and institutions, as well as the ethical principles that should guide brain research, treatment of brain (...) disease, and cognitive enhancement. Central to the questions posed in neuroethics is the way in which neuroscience might impact our sense of self and personal responsibility, and our understanding the structure of moral judgments. (shrink)

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the content (...) itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

The challenges facing us today require practical wisdom to allow us to react appropriately. In this paper, we argue that at a group level, we will make better decisions if we respect and take into account the moral judgment of agents with diverse styles of cognition and moral reasoning. We show this by focusing on the example of autism, highlighting different strengths and weaknesses of moral reasoning found in autistic and non-autistic persons respectively.

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)

Despite the high profile of evolutionary explanations of human behaviour, their status remains highly disputed. Are all evolutionary explanations of human behaviour sensational 'just so' stories, or is there a proper science of sociobiology? Sense and Nonsense provides an answer to this question by assessing the legitimacy of a range of evolutionary approaches to human behaviour.

Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue that such (...) a standard ought to be guided by the best evidence from neuropsychology about the development, during childhood and adolescence, of the executive functions that give rise to morally and legally responsible agents. In light of that evidence, which suggests that the brain’s executive functions are still maturing into early adulthood, we recommend a graded structure of culpability for child soldiers. (shrink)

This article examines the domestic use of drones by law enforcement to gather information. Although the use of drones for surveillance will undoubtedly provide law enforcement agencies with new means of gathering intelligence, these unmanned aircrafts bring with them a host of legal and epistemic complications. Part I considers the Fourth Amendment and the different legal standards of proof that might apply to law enforcement drone use. Part II explores philosopher Wittgenstein’s notion of actional certainty as a means to interpret (...) citizens' expectations of privacy with regard to their patterns of movement over time. Part III discusses how the theory of actional certainty can apply to the epistemic challenge of determining what is a “reasonable” expectation of privacy under the law. This Part also investigates the Mosaic Theory as a possible reading of the Fourth Amendment. (shrink)

The emerging neuroscience of psychopathy will have several important implications for our attempts to construct an ethical society. In this article we begin by describing the list of criteria by which psychopaths are diagnosed. We then review four competing neuropsychological theories of psychopathic cognition. The first of these models, Newman’s attentional model, locates the problem in a special type of attentional narrowing that psychopaths have shown in experiments. The second and third, Blair’s amygdala model and Kiehl’s paralimbic model represent the (...) psychopath’s problem as primarily emotional, including reduced tendency to experience fear in normally fearful situations, and a failure to attach the proper significance to the emotions of others. The fourth model locates the problem at a higher level: a failure of psychopaths to notice and correct for their attentional or emotional problems using “executive processes.” In normal humans, decisions are accomplished via these executive processes, which are responsible for planning actions, or inhibiting unwise actions, as well as allowing emotions to influence cognition in the proper way. We review the current state of knowledge of the executive capacities of psychopaths. We then evaluate psychopaths in light of the three major philosophical theories of ethics, utilitarianism, deontological theory, and virtue ethics. Finally, we turn to the difficulty psychopath offenders pose to criminal law, because of the way psychopathy interacts with the various justifications and functions of punishment. We conclude with a brief consideration of the effects of psychopaths on contemporary social structures. (shrink)

The cases that Doris chronicles of confabulation are similar to perceptual illusions in that, while they show the interstices of our perceptual or cognitive system, they fail to establish that our everyday perception or cognition is not for the most part correct. Doris's account in general lacks the resources to make synchronic assessments of responsibility, partially because it fails to make use of knowledge now available to us about what is happening in the brains of agents.

Philosophical Perspectives, Volume 35, Issue 1, Page 170-188, December 2021.

Does smoke cause fire or does fire cause smoke? James Woodward’s “Flagpoles anyone? Causal and explanatory asymmetries” argues that various statistical independence relations not only help us to uncover the directions of causal and explanatory relations in our world, but also are the worldly basis of causal and explanatory directions. We raise questions about Woodward’s envisioned epistemology, but our primary focus is on his metaphysics. We argue that any alleged connection between statistical (in)dependence and causal/explanatory direction is contingent, at best. (...) The directions of causal/explanatory relations in our world seem not to depend on the statistical (in)dependence relations in our world (conceived of either as frequency patterns or as relations among chances). Thus, we doubt that statistical (in)dependence relations are the worldly basis of causal and explanatory directions. (shrink)

Two things become one thing, something having parts, and something becoming something else, are cases of many things being identical with one thing. This apparent contradiction introduces others concerning transitivity of identity, discernibility of identicals, existence, and vague existence. I resolve the contradictions with a theory that identity, number, and existence are relative to standards for counting. What are many on some standard are one and the same on another. The theory gives an account of the discernibility of identicals using (...) phrases like “insofar as”. And it holds that standards for counting remain or shift depending on our purposes. (shrink)

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

This study sought to investigate the Human Resource and Management (HRM) Program of a preschool hereinafter referred to as the Early Years Learning Center (EYLC) in Mandaluyong City for purposes of this research study. This is a qualitative case study that delved particularly into the issue of employee retention, especially of seasoned teachers and staff of the subject learning center. It used the interview method to generate an in-depth analysis as it revisited its HRM Program. To triangulate the data gathered, (...) documents from websites and social media as well as artifacts were also utilized. There is a dearth of research on the Human Resource and Management Program in preschool education. Most studies are from India and China. In terms of the HRM Program in education, SWOT analysis was frequently used to help improve the program. There were negligible sources that used the balanced scorecard at the preschool level. Hence, a combination of the SWOT analysis and the Balanced Scorecard method were utilized - the SWOT Analysis to determine the problems the learning center faces vis-à-vis its HRM Program, and the balanced scorecard in the search for a solution or strategy to help solve the problem. Based on the study, these combined tools proved to be effective in revisiting the HRM Program of schools. After interviewing the Directress of EYLC, findings disclosed that to be able to improve the retention of employees in the learning center, the focus should be given to the hiring policies and procedures keeping in mind the job security of its targeted employees. This brings forward concerns over advertising schemes utilizing different venues and platforms as well as issues involving the provision of seasoned employees with a retirement package, comprehensive Health Management Organization (HMO), and a continuing professional development program. (shrink)

This chapter explores the place of remorse in Sophie de Grouchy’s moral theory, as presented in her 1798 work, Letters on Sympathy, which was originally published with her translation of Adam Smith’s Theory of Moral Sentiments. I argue that, for Grouchy, a cultivated sense of remorse weakens our self-conceit by drawing our attention to the ways in which we harm others, even for seemingly justifiable reasons. In so doing, we are led to recognize the equal standing of others, which gives (...) rise to the “sentiment of natural equality.” This “sentiment of natural equality” places a check on our norms and institutions and allows for the potential of moral progress. While Grouchy frames the Letters as a commentary on Smith’s writings, her discussion of remorse, equality, and moral progress shows her to be a bold and original thinker, and one worth taking seriously. (shrink)

This analysis shows Cantor's diagonal definition in his 1891 paper was not compatible with his horizontal enumeration of the infinite set M. The diagonal sequence was a counterfeit which he used to produce an apparent exclusion of a single sequence to prove the cardinality of M is greater than the cardinality of the set of integers N.

How is it possible for David Hume to be both withering skeptic and constructive theorist? I recommend an answer like the Pyrrhonian answer to the question how it is possible to suspend all judgment yet engage in active daily life. Sextus Empiricus distinguishes two kinds of assent: one suspended across the board and one involved with daily living. The first is an act of will based on appreciation of reasons; the second is a causal effect of appearances. Hume makes the (...) same distinction, only he extends the sort of assent involved in daily life to theoretical matters as well. He is a skeptic both in finding no reason to grant the first sort of assent and in being subject to the second. (shrink)

It seems natural to choose whether to have a child by reflecting on what it would be like to actually have a child. I argue that this natural approach fails. If you choose to become a parent, and your choice is based on projections about what you think it would be like for you to have a child, your choice is not rational. If you choose to remain childless, and your choice is based upon projections about what you think it (...) would be like for you to have a child, your choice is not rational. This suggests we should reject our ordinary conception of how to make this life-changing decision, and raises general questions about how to rationally approach important life choices. (shrink)

This chapter contains sections titled: References.

The question I want to explore is whether experience supports an antireductionist ontology of time, that is, whether we should take it to support an ontology that includes a primitive, monadic property of nowness responsible for the special feel of events in the present, and a relation of passage that events instantiate in virtue of literally passing from the future, to the present, and then into the past.

Carnap’s seminal ‘Empiricism, Semantics and Ontology’ makes important use of the notion of a framework and the related distinction between internal and external questions. But what exactly is a framework? And what role does the internal/external distinction play in Carnap’s metaontology? In an influential series of papers, Matti Eklund has recently defended a bracingly straightforward interpretation: A Carnapian framework, Eklund says, is just a natural language. To ask an internal question, then, is just to ask a question in, say, English. (...) To try to ask an external question is to try, absurdly, to ask a question in no language at all. Finding that so trivial an I/e distinction can’t help to explain Carnap’s deflationary metaontology, Eklund is led to attribute to Carnap a view he calls ontological pluralism. In this paper, I show that Eklund misreads Carnap, and I argue that this misreading obscures fundamental features of Carnap’s philosophy. I then defend an account of frameworks as what Carnap called semantical systems, and I place this account in the context of Carnap’s philosophical program of explication. Finally, I discuss the role that frameworks and the I/e distinction play in ESO, showing that ESO provides no reason to attribute the doctrine of ontological pluralism to Carnap. (shrink)

I defend a one category ontology: an ontology that denies that we need more than one fundamental category to support the ontological structure of the world. Categorical fundamentality is understood in terms of the metaphysically prior, as that in which everything else in the world consists. One category ontologies are deeply appealing, because their ontological simplicity gives them an unmatched elegance and spareness. I’m a fan of a one category ontology that collapses the distinction between particular and property, replacing it (...) with a single fundamental category of intrinsic characters or qualities. We may describe the qualities as qualitative charactersor as modes, perhaps on the model of Aristotelian qualitative (nonsubstantial) kinds, and I will use the term “properties” interchangeably with “qualities”. The qualities are repeatable and reasonably sparse, although, as I discuss in section 2.6, there are empirical reasons that may suggest, depending on one’s preferred fundamental physical theory, that they include irreducibly intensive qualities. There are no uninstantiated qualities. I also assume that the fundamental qualitative natures are intrinsic, although physics may ultimately suggest that some of them are extrinsic. On my view, matter, concrete objects, abstract objects, and perhaps even spacetime are constructed from mereological fusions of qualities, so the world is simply a vast mixture of qualities, including polyadic properties (i.e., relations). This means that everything there is, including concrete objects like persons or stars, is a quality, a qualitative fusion, or a portion of the extended qualitative fusion that is the worldwhole. I call my view mereological bundle theory. (shrink)

An introduction to the notion of possible worlds and the problems related to it.

This paper summarizes recent and ongoing experimental work regarding the reality, nature, effects, and causes of the underrepresentation of women in academic philosophy. We first present empirical data on several aspects of underrepresentation, and then consider various reasons why this gender imbalance is problematic. We then turn to the published and preliminary results of empirical work aimed at identifying factors that might explain it.

This discussion revises and extends Jonny Anomaly's ‘public goods’ account of public health ethics in light of recent criticism from Richard Dees. Public goods are goods that are both non-rival and non-excludable. What is significant about such goods is that they are not always provided efficiently by the market. Indeed, the state can sometimes realize efficiency gains either by supplying such goods directly or by compelling private purchase. But public goods are not the only goods that the market may fail (...) to provide efficiently. This point to a way of broadening the public goods account of public health to accommodate Dees' counterexamples, without abandoning its distinctive appeal. On the market failures approach to public health ethics, the role of public health is to correct public health-related market failures of all kinds, so far as possible. The underlying moral commitment is to economic efficiency in the sense of Pareto: if we can re-allocate resources in the economy so as to raise the welfare of some without lowering the welfare of any other, we ought to do so. (shrink)

Selbst wenn die traditionellen Beweise der immateriellen Seele (von Platon bis Descartes) zu wünschen übrig lassen, muss uns das nicht davon abhalten, sie mit den Mitteln der modernen analytischen Philosophie neu zu fassen und wasserdicht zu machen. Ich werde (ohne eigene Diskussion der bereits vorliegenden Beweise) eine neue Version vorschlagen, die von Swinburne angeregt wurde, sich an wesentlichen Stellen von seinem Ansatz unterscheidet und auf zwei verblüffend schwachen Prämissen beruht: Einerseits auf der konsistenten Vorstellbarkeit von Gedankenspielen, in die irgend eine (...) beliebige Wahrheit über meine augenblickliche Situation integriert ist und denen zufolge ich meinen Tod seelisch, aber ohne Körper überlebe; diese Prämisse ergibt sich der virtuosen Macht unseres Möglichkeitssinns. Andererseits beruht der Beweis auf einer Voraussetzung, die sich (ohne exegetische Garantie) als Echo aristotelischer Substanz-Konzeptionen verstehen, aber ohne großen ontologischen Überbau begründen lässt – dem zufolge folgt aus der materialistischen Analyse meiner augenblicklichen Situation, dass diese Analyse während meiner gesamten Existenz gilt (einmal Körper, immer Körper). Die Logik des Beweises ist bodenständig und setzt keine strittigen modallogischen Prinzipien voraus. Und die Konklusion des Beweises besagt, dass ich jetzt eine immaterielle Seele habe, aber nichts über deren Unsterblichkeit. (shrink)

I argue that we can understand the de se by employing the subjective mode of presentation or, if one’s ontology permits it, by defending an abundant ontology of perspectival personal properties or facts. I do this in the context of a discussion of Cappelen and Dever’s recent criticisms of the de se. Then, I discuss the distinctive role of the first personal perspective in discussions about empathy, rational deference, and self-understanding, and develop a way to frame the problem of lacking (...) prospective access to your future self as a problem with your capacity to imaginatively empathize with your future selves. (shrink)

Philosophers of experiment have acknowledged that experiments are often more than mere hypothesis-tests, once thought to be an experiment's exclusive calling. Drawing on examples from contemporary biology, I make an additional amendment to our understanding of experiment by examining the way that `wide' instrumentation can, for reasons of efficiency, lead scientists away from traditional hypothesis-directed methods of experimentation and towards exploratory methods.

The explosive growth in computational power over the past several decades offers new tools and opportunities for economists. This handbook volume surveys recent research on Agent-based Computational Economics (ACE), the computational study of economic processes modeled as open-ended dynamic systems of interacting agents. Empirical referents for “agents” in ACE models can range from individuals or social groups with learning capabilities to physical world features with no cognitive function. Topics covered include: learning; empirical validation; network economics; social dynamics; financial markets; innovation (...) and technological change; organizations; market design; automated markets and trading agents; political economy; social-ecological systems; computational laboratory development; and general methodological issues. (shrink)

Die Skeptikerin fragt, wie wir ausschließen können, dass all unsere Erlebnisse auf einem umfassenden Traum beruhen. Träfe ihre Befürchtung zu, dann wären alle unsere Meinungen über die äußere Welt falsch, und da wir das nicht ausschließen können, haben wir (so folgert sie) keinerlei Wissen über die Welt. Um dem zu begegnen, könnte man der Skeptikerin vorwerfen, dass sie unsere gemeinsame Sprache missbraucht. Welche Wörter missbraucht sie? Welche Wörter gebraucht sie so anders, dass wir uns um ihre Überlegung nicht scheren müssen? (...) Ich spiele das sprachkritische Manöver gegen die Skeptikerin zunächst anhand des Wissensbegriffs durch (und komme zu dem Ergebnis, dass wir nicht klar genug sagen können, worin die unstrittige Bedeutung des Wortes "Wissen" besteht). Dann versuche ich es mit weniger tiefsinnigen Wörtern wie "Tiger". Wer stets träumt, gebraucht solche Wörter anders als wir, so die Überlegung. Dieser Gedanke funktioniert nur, wenn wir die Existenz von Außenwelt-Dingen voraussetzen dürfen; und diese Voraussetzung bestreitet die Skeptikerin. Daher spiele ich das sprachkritische Manöver zuguterletzt anhand des Traumbegriffs durch. Jemand kann das Wort "Traum" überhaupt nur dann gelernt haben, wenn er manchmal, aber nicht immer geträumt hat. Ergebnis: Entweder ich verstehe das Wort "Traum". Dann träume ich nicht seit jeher. Oder ich verstehe das Wort nicht. Dann brauche ich mich vom Traum-Argument auch nicht an meinen Wissens-Ansprüchen irre machen zu lassen. (shrink)

Several prominent voices have called for a democratization of science through deliberative processes that include a diverse range of perspectives and values. We bring these scholars into conversation with extant research on democratic deliberation in political theory and the social sciences. In doing so, we identify systematic barriers to the effectiveness of inclusive deliberation in both scientific and political settings. We are particularly interested in what we call misidentified dissent, where deliberations are starkly framed at the outset in terms of (...) dissenting positions without properly distinguishing the kinds of difference and disagreement motivating dissent. (shrink)

Peer Review Book Description - Maria Seykora -/- Classical Logic will attempt to give a comprehensive and rigorous introduction and more advanced overview of the area of logic widely known as “classical logic,” as distinguished from modern-day “non-classical logic,” for undergraduate students in general. It will cover the topics of Informal Logic (including logical fallacies, deduction, induction, and abductive reasoning) and Formal Logic. (Because it aims to cover these two topics, the title may change to Informal and Classical Logic for (...) the first edition.) Within the category of Formal Logic, it will cover Syllogistic or Categorical Logic and Symbolic Logic. Furthermore, within Symbolic Logic, it will cover Propositional Logic, Predicate Logic, and Modal Logic. The Formal Logic component is currently unfinished, and the Informal Logic component is somewhat unfinished. The unique selling proposition is “the first comprehensive Classical Logic textbook.” It seems that many textbooks for college students today, including Patrick J. Hurley’s, are loosely organized around Classical Logic and other various areas of logic, yet there is not a clear-cut, comprehensive summation of Classical Logic in textbook form. For instance, Hurley’s textbook does not have a section on Modal Logic, and does not address some fallacies such as Hypothesis Contrary to Fact, the Genetic Fallacy, Appeal to Nature, No True Scotsman Fallacy, Emotionally Loaded Language fallacies, etc. Stan Baronett’s Logic textbook also does not include discussions of Modal Logic or these additional fallacies and others like them, and Siu-Fan Lee’s textbook does not include Modal Logic either. Additionally, abductive reasoning, which involves making an inference to the best explanation, is important in real life, yet it seems absent from most logic textbooks. (shrink)

If one can judge a society by how it treats its prisoners, one can surely judge a society by how it treats cognitively- and learning-impaired children. In the United States children with physical and cognitive impairments are subjected to higher rates of corporal punishment than are non-disabled children. Children with disabilities make up just over 13% of the student population in the U.S. yet make up over 18% of those children who receive corporal punishment. Autistic children are among the most (...) likely to receive corporal punishment. -/- Although they may deny or redescribe particular instances of corporal punishment or their use of restraints, educators defend such actions as legitimate punishment. In this paper, I assess the logic underlying the use of restraints and corporal punishment on autistic children by educators. The rationalizations for the corporal punishment or restraint of autistics stems from the educator’s desire to control the autistic children so as to end typical autistic behaviors such as rocking, repetitive verbalizations, or “flapping” but also the autistic child’s non-affective responses such as not appearing to feel remorse or shame or the absence of a verbal acknowledgement of remorse or shame. The educators assume that the autistic’s failure to exhibit the desired responses is evidence of the autistic’s moral incorrigibility and is, therefore, evidence of the appropriateness of corporal punishment. But this assumption of the incorrigibility of the autistic child is questionable. -/- Indeed accepting this incorrigibility assumption reveals two important problems. First, instructors using physical punishment on autistic children do not understand autism. Second, they are not working with a tenable conception of punishment. Any action undertaken to induce socially acceptable behaviors (whether it be the end of autistic acts or responses such as remorse) is to fail to understand what the legitimate punishment of children is about. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 2, Page 165-189, May 2022. It is generally acknowledged that a certain amount of state intervention in health and health care is needed to address the significant market failures in these sectors; however, it is also thought that the primary rationale for state involvement in health must lie elsewhere, for example in an egalitarian commitment to equalizing access to health care for all citizens. This paper argues that a complete theory of justice in (...) health can be derived from a commitment to correcting market failure, or in other words promoting Pareto-efficiency, in the domain of health. This approach can address familiar problems around access to care, as well as problems related to resource allocation and rationing, the control of health care costs, and the foundations of public health. Egalitarian theories of justice in health cannot make sense of the depth and pervasiveness of state involvement in health and health care; only a theory rooted in the need to correct market failure can. (shrink)