This chapter offers non-retributive, broadly Kantian justifications of punishment and remorse which can be endorsed by free will skeptics. We lose our grip on some Kantian ideas if we become skeptical about free will, but we can preserve some important ones which can do valuable work for free will skeptics. The justification of punishment presented here has consequentialist features but is deontologically constrained by our duty to avoid using others as mere means. It draws on a modified Rawlsian original position (...) in which we assume we are just as likely to be among the punished when the veil of ignorance is raised as we are to be among those protected by the institution of punishment. The justification of remorse presented here is care-based, and draws on the value of sympathizing with people we have wronged, which has a Kantian ground in the duty to take others’ ends as our own. (shrink)

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore endorse (...) treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)

I defend a deontological social contract justification of punishment for free will deniers. Even if nobody has free will, a criminal justice system is fair to the people it targets if we would consent to it in a version of original position deliberation (OPD) where we assumed that we would be targeted by the justice system when the veil is raised. Even if we assumed we would be convicted of a crime, we would consent to the imprisonment of violent criminals (...) if prison conditions were better than the state of nature but deterring enough to prevent the state of nature. And even if we assumed we would be accused of a crime, we would consent to an evidentiary standard low enough to allow a conviction rate sufficient to prevent the state of nature. After explaining this justification, I contrast it with the public health quarantine justification defended by Derk Pereboom and Gregg Caruso, and argue that it provides a stronger response to the using criminals as mere means objection. (shrink)

The first part of this paper surveys five perspectives in Kant’s philosophy on the quantity of retribution to be inflicted on wrongdoers, ordered by two dimensions of difference – whether they are theoretical or practical perspectives, and the quantity of retribution they prescribe: (1) theoretical zero, the perspective of theoretical philosophy; (2) practical infinity, the perspective of God and conscience; (3) practical equality, the perspective of punishment in public law; (4) practical degrees, the perspective we adopt in private relations to (...) others and (5) practical zero, a perspective I argue is entailed by Kant’s doctrine of strict right, which is his justification of coercing compliance with public law. Kant acknowledges 1–4 but not 5. The second part draws on Kant’s account of the burden of proof in criminal law to argue that Kant is wrong to adopt 3 in responding to criminals, and that we ought to adopt 5 instead. (shrink)

This paper is about an asymmetry in the justification of praising and blaming behaviour which free will theorists should acknowledge even if they do not follow Wolf and Nelkin in holding that praise and blame have different control conditions. That is, even if praise and blame have the same control condition, we must have stronger reasons for believing that it is satisfied to treat someone as blameworthy than we require to treat someone as praiseworthy. Blaming behaviour which involves serious harm (...) can only be justified if the claim that the target of blame acted freely cannot be reasonably doubted. But harmless praise can be justified so long as the claim that the candidate for praise did not act freely can be reasonably doubted. Anyone who thinks a debate about whether someone acted freely is truth-conducive has to acknowledge that reasonable doubt is possible in both these cases. (shrink)

An apparently increasing number of philosophers take free will skepticism to pose a serious challenge to some of our practices. This must seem odd to many—why should anyone think that free will skepticism is relevant for our practices, when nobody seems to think that other canonical forms of philosophical skepticism are relevant for our practices? Part of the explanation may be epistemic, but here I focus on a metaethical explanation. Free will skepticism is special because it is compatible with ‘basic (...) moral reasons’—moral reasons acknowledged by all mainstream ethicists—and other minds and induction skepticism are not. One example is our reason not to intentionally harm others. Practical seriousness about other minds and induction skepticism undermines this reason, but practical seriousness about free will skepticism only undermines a potential overrider of this reason, that is, the reason of retribution. (shrink)

This paper argues that Kant endorses a distinction between rational and natural sympathy, and it presents an interpretation of rational sympathy as a power of voluntarya posterioriproductive imagination. In rational sympathy we draw on the imagination’s voluntary powers (a) to subjectively unify the contents of intuition, in order to imaginatively put ourselves in others’ places, and (b) to associate imagined intuitional contents with the concepts others use to convey their feelings, in such a way that those contents prompt feelings in (...) us that are like their feelings. (shrink)

In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. (Free will is understood here as whatever satisfies the control condition of moral responsibility.) Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that (...) we are morally responsible are not quite this dramatic. Giving up the belief that we are morally responsible undermines many, and perhaps most, of the desert claims we are pretheoretically inclined to accept. But it does not undermine desert claims based on the sheer fact of personhood. Even in the absence of belief in moral responsibility, personhood-based desert claims require us to respect persons and their rights. So personhood-based desert claims can provide a substantial role for desert in free will skeptics' ethical theories. (shrink)

In this paper, I discuss a problem for Kant's strategy of appealing to the agent qua noumenon to undermine the significance of determinism in his theory of free will. I then propose a solution. The problem is as follows: given determinism, how can some agent qua noumenon be 'the cause of the causality' of the appearances of that agent qua phenomenon without being the cause of the entire empirical causal series? This problem has been identified in the literature (Ralph Walker (...) provides what is perhaps the most dramatic presentation of it). But it has never received an adequate solution. In this paper, I argue that Walker’s objection is only decisive if we must understand our responsibility as responsibility for events, but not causal laws. I argue that we need not interpret Kant's theory in this way. I demonstrate that each agent qua noumenon could be responsible for "limited instantiation scope" causal laws which necessitate only the phenomenal actions of that same agent qua phenomenon. Part of this project involves showing that there are relevant constituents of actions which are "rare" enough to instantiate such laws. I demonstrate that, on Kant's view, events in agents’ bodies are not rare enough, but events in agents’ phenomenal souls are. (shrink)

Kant’s notion of (what I will call) rational sympathy solves a problem about how we can voluntarily fulfill our imperfect duty to adopt those ends of others which have value only because they have been set by rational agents, ends which I will refer to as merely permissible ends (MPEs). Others’ MPEs are individuated in terms of their own concepts of their MPEs, and we can only adopt their MPEs in terms of their concepts, since to adopt them in terms (...) of different concepts would be to adopt different ends. Others’ concepts of their MPEs may contain marks of the first person, and should contain no marks of law apart from permissibility. Rational sympathy allows us to adopt ends individuated in terms of concepts with marks of these kinds because rational sympathy allows us to voluntarily adopt others’ first-person perspectives in imagination, and to voluntarily shape our contingent feelings so that such concepts motivate us despite their underdetermination by law. (shrink)

This is a semifinal draft of a forthcoming paper. Kant’s account of the pain of remorse involves a hybrid justification based on self-retribution, but constrained by forward-looking principles which say that we must channel remorse into improvement, and moderate its pain to avoid damaging our rational agency. Kant’s corpus also offers material for a revisionist but textually-grounded alternative account based on wrongdoers’ sympathy for the pain they cause. This account is based on the value of care, and has forward-looking constraints (...) much like Kant’s own account. Drawing on both Kant’s texts and recent work in empirical psychology, I argue that experiences of remorse which conform to the sympathetic account may fulfill Kant’s forward-looking goals better than those conforming to his own account. (shrink)

In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that we are morally responsible are not quite this dramatic. Giving up the belief that (...) we are morally responsible undermines many, and perhaps most, of the desert claims we are pretheoretically inclined to accept. But it does not undermine desert claims based on the sheer fact of personhood. Even in the absence of belief in moral responsibility, personhood-based desert claims require us to respect persons and their rights. So personhood-based desert claims can provide a substantial role for desert in free will skeptics' ethical theories. (shrink)

Kant’s theory of friendship is crucial in defending his ethics against the longstanding charge of emotional detachment. But his theory of friendship is vulnerable to this charge too: the Kantian sage can appear to reject sympathetic suffering when she cannot help a suffering friend. I argue that Kant is committed to the view that both sages and ordinary people must suffer in sympathy with friends even when they cannot help, because sympathy is necessary to fulfill the imperfect duty to adopt (...) others’ merely permissible ends, and we ought to take friends’ MPEs as our own. MPEs are individuated in terms of concepts which include marks of the first person, and no marks of law other than permissibility. To adopt ends of others individuated in terms of such concepts rather than merely promote them as means to different ends, those concepts must engage with one’s feelings in a way that requires sympathy. (shrink)

One reason that many philosophers are reluctant to seriously contemplate the possibility that we lack free will seems to be the view that we must believe we have free will if we are to regard each other as persons in the morally deep sense—the sense that involves deontological notions such as human rights. In the contemporary literature, this view is often informed by P.F. Strawson's view that to treat human beings as having free will is to respond to them with (...) the reactive attitudes, and that if we suspend the reactive attitudes we can only regard human beings as objects to be manipulated in the service of social goals. This purported implication of suspending the reactive attitudes has persuaded many philosophers that we cannot truly treat human beings as persons without assuming that they have free will. I argue that this line of thinking is misguided. I think Strawson is correct to worry that the consequentialism he sees as implicit in the objective attitude undermines our ability to treat each other as persons. But I think it is a mistake to accept that we must maintain the reactive attitudes, or any other attributions of free will or moral responsibility, to avoid a depersonalizing slide into consequentialism. Kant's idea of treating people as autonomous ends in themselves, rather than as mere means to ends, provides a compelling analysis of what it means to treat humans as persons, and I argue that there are ways of interpreting Kant's idea which do not involve reactive attitudes or any other attributions of free will or moral responsibility. -/- . (shrink)

Asymmetry theories about free will and moral responsibility are a recent development in the long history of the free will debate. Kant commentators have not yet explored the possibility of an asymmetrical reconstruction of Kant's theory of freedom, and that is my goal here. By "free will", I mean the sort of control we would need to be morally responsible for our actions. Kant's term for it is "transcendental freedom", and he refers to the attribution of moral responsibility as "imputation". (...) By "Kant's theory of freedom", I mean not only his theory of transcendental freedom and imputation, but also the various ways in which he draws on these ideas in his moral theory. (shrink)

This chapter has two goals. First, I will present an interpretation of Kant’s mature account of punishment, which includes a strong commitment to retributivism. Second, I will sketch a non-retributive, “ideal abolitionist” alternative, which appeals to a version of original position deliberation in which we choose the principles of punishment on the assumption that we are as likely to end up among the punished as we are to end up among those protected by the institution of punishment. This is radical (...) relative to Kant’s mature theory of punishment, but arguably it conforms better to the spirit of Kant’s first Critique remarks on imputation and punishment than his mature theory does. (shrink)

Kant’s conception of remorse has not received focused discussion in the literature. I argue that he thinks we ought to experience remorse for both retributivist and consequentialist reasons. This account casts helpful light on his ideas of conversion and the descent into the hell of self-cognition. But while he prescribes a heartbreakingly painful experience of remorse, he acknowledges that excess remorse can threaten rational agency through distraction and suicide, and this raises questions about whether actual human beings ought to cultivate (...) their consciences in such a way as to experience remorse on his model. (shrink)

This paper concerns the role of the transcendental distinction between agents qua phenomena and qua noumena in Kant's theory of free will. It argues (1) that Kant's incompatibilism can be accommodated if one accepts the "ontological" interpretation of this distinction (i.e. the view that agents qua noumena are ontologically prior to agents qua phenomena), and (2) that Kant's incompatibilism cannot be accommodated by the "two-aspect" interpretation, whose defining feature is the rejection of the ontological priority of agents qua noumena. The (...) ontological interpretation allows Kant to be an incompatibilist because the ontological priority of agents qua noumena "ontologically undermines" the significance of phenomenal determinism for agents' free will. That is, since agents qua noumena are ontologically prior to agents qua phenomena, the fact that agents qua noumena are not subject to determinism is more fundamental than the fact that agents qua phenomena are subject to determinism, and it is the more fundamental fact that we should be concerned with in the metaphysical foundations of moral responsibility. Recent (independent) work by myself, Eric Watkins, and Robert Hanna is drawn on to demonstrate that the ontological interpretation can mount a better defense against some traditional objections than has often been thought. -/- According to the two-aspect interpretation, the transcendental distinction between agents qua noumena and qua phenomena is a semantic and epistemological distinction. Since it rejects the ontological priority of noumena, it has no way to assert that the non-determinism of agents qua noumena is more metaphysically fundamental than the determinism of agents qua phenomena. For the two-aspect interpretation, the truth of determinism must remain just as fundamental as the truth of any other characterization of agents. This means that, on the two-aspect interpretation, there is no better reason to call Kant an incompatibilist than there is to call him a compatibilist. Since Henry Allison has presented the most detailed two-aspect interpretation of the agential transcendental distinction, the arguments against the two-aspect distinction address his interpretation. Part of Allison's strategy is to argue that phenomenal determinism poses less of a problem for free will if we accept his accounts of the Second Analogy and empirical psychology. I point our problems in these accounts and argue that this strategy cannot be accepted. -/- . (shrink)

We are immersed within an odorous sea of chemical currents that we parse into individual odors with complex structures. Odors have been posited as determined by the structural relation between the molecules that compose the chemical compounds and their interactions with the receptor site. But, naturally occurring smells are parsed from gaseous odor plumes. To give a comprehensive account of the nature of odors the chemosciences must account for these large distributed entities as well. We offer a focused review of (...) what is known about the perception of odor plumes for olfactory navigation and tracking, which we then connect to what is known about the role odorants play as properties of the plume in determining odor identity with respect to odor quality. We end by motivating our central claim that more research needs to be conducted on the role that odorants play within the odor plume in determining odor identity. (shrink)

The right temporo-parietal junction (rTPJ) has been associated with two apparently disparate functional roles: in attention and in social cognition. According to one account, the rTPJ initiates a “circuit-breaking” signal that interrupts ongoing attentional processes, effectively reorienting attention. It is argued this primary function of the rTPJ has been extended beyond attention, through a process of evolutionarily cooption, to play a role in social cognition. We propose an alternative account, according to which the capacity for social cognition depends on a (...) network which is both distinct from and in tension with brain areas involved in focused attention and target detection: the default mode network. Theory characterizing the rTPJ based on the area’s purported role in reorienting may be falsely guided by the co-occurrence of two distinct effects in contiguous regions: activation of the supramarginal gyrus (SMG), associated with its functional role in target detection; and the transient release, during spatial reorienting, of suppression of the angular gyrus (AG) associated with focused attention. Findings based on meta-analysis and resting functional connectivity are presented which support this alternative account. We find distinct regions, possessing anti-correlated patterns of resting connectivity, associated with social reasoning (AG) and target detection (SMG) at the rTPJ. The locus for reorienting was spatially intermediate between the AG and SMG and showed a pattern of connectivity with similarities to social reasoning and target detection seeds. These findings highlight a general methodological concern for brain imaging. Given evidence that certain tasks not only activate some areas but also suppress activity in other areas, it is suggested that researchers need to distinguish two distinct putative mechanisms, either of which may produce an increase in activity in a brain area: functional engagement in the task versus release of suppression. (shrink)

This paper has two aims. The first is to present and defend a new argument for rights contributionism – the view that the notion of a moral claim-right is a contributory (or pro tanto) rather than overall normative notion. The argument is an inference to the best explanation: it is argued that (i) there are contributory moral factors that contrast with standard moral reasons by way of having a number of formal properties that are characteristic of rights, even though they (...) can be overridden, and (ii) that this is best explained by a view that takes these factors to correlate with rights. The second aim is to show that the truth of rights contributionism matters for normative ethics. More specifically, it is argued that rights contributionism clears the way for deontologists to justify the pre-theoretically plausible verdict that we have a duty to save the greater number in so-called Taurek scenarios – scenarios in which we have to choose between saving either a greater or a smaller number of different people. The chapter offers a novel and distinctively deontological explanation of this verdict that is based on the assumption that everyone has a pro tanto right to be saved in a Taurek scenario. (shrink)

We perceive smells as perduring complex entities within a distal array that might be conceived of as smellscapes. However, the philosophical orthodoxy of Odor Theories has been to deny that smells are perceived as having a distal location. Recent challenges have been mounted to Odor Theories’ veracity in handling the timescale of olfactory perception, how it individuates odors as a distal entities, and their claim that olfactory perception is not spatial. The paper does not aim to dispute these criticisms. Rather, (...) what will be shown is that Molecular Structure Theory, a refinement of Odor Theory, can be further developed to handle these challenges. The theory is further refined by focusing on distal perception that requires considering the perceptual object as mereologically complex persisting odor against a background scene conceived of as a smellscape. What will be offered is an expansion of Molecular Structure Theory to account for distal smell perception within natural environments. (shrink)

Many of the moral and political disputes that loom large today involve claims (1) in the register of respect and offense that are (2) linked to membership in a subordinated social group and (3) occasioned by symbolic or expressive items or acts. This essay seeks to clarify the nature, stakes, and characteristic challenges of these recurring, but often disorienting, conflicts. Drawing on a body of philosophical work elaborating the moral function of etiquette, I first argue that the claims at issue (...) implicate a communicative apparatus of the same basic kind—a system that I term the “etiquette of equality.” That regime, I suggest, can serve a kindred function of facilitating the expression of morally appropriate attitudes. I also argue, however, that the etiquette of equality exhibits three problematic features that counsel ambivalence about its mounting significance: (1) the costly overdetermination of relevant signals; (2) a recursive tendency toward inflation in respect’s demands; and (3) a related set of incentives for testing, and then affirming, a group’s status through the assertion and symbolic remediation of dignitary harm. The upshot is a better understanding of the trade-offs and predicaments we face in a vital area of public life. (shrink)

In this paper, I discuss Hud Hudson's compatibilistic interpretation of Kant's theory of free will, which is based on Davidson's anomalous monism. I sketch an alternative interpretation of my own, an incompatibilistic interpretation according to which agents qua noumena are responsible for the particular causal laws which determine the actions of agents qua phenomena. Hudson's interpretation should be attractive to philosophers who value Kant's epistemology and ethics, but insist on a deflationary reading of things in themselves. It is in an (...) incompatibilist interpretation of Kant's theory of free will that a "positive" conception of noumena is at its most important. If a compatibilistic interpretation is acceptable, one might suppose that we can do without a "positive" conception of noumena throughout Kant's philosophy. I demonstrate, however, that there are central elements of Kant's theory of free will that cannot be accommodated within Hudson's interpretation. (shrink)

It is often thought that traditional recidivism prediction tools used in criminal sentencing, though biased in many ways, can straightforwardly avoid one particularly pernicious type of bias: direct racial discrimination. They can avoid this by excluding race from the list of variables employed to predict recidivism. A similar approach could be taken to the design of newer, machine learning-based (ML) tools for predicting recidivism: information about race could be withheld from the ML tool during its training phase, ensuring that the (...) resulting predictive model does not use race as an explicit predictor. However, if race is correlated with measured recidivism in the training data, the ML tool may ‘learn’ a perfect proxy for race. If such a proxy is found, the exclusion of race would do nothing to weaken the correlation between risk (mis)classifications and race. Is this a problem? We argue that, on some explanations of the wrongness of discrimination, it is. On these explanations, the use of an ML tool that perfectly proxies race would (likely) be more wrong than the use of a traditional tool that imperfectly proxies race. Indeed, on some views, use of a perfect proxy for race is plausibly as wrong as explicit racial profiling. We end by drawing out four implications of our arguments. (shrink)

By moving beyond the overly emphasized image of a “fusion of horizons” and focusing on Gadamer’s concept of “play,” this paper aims to rehabilitate the dynamic and multi-vocal character of understanding as Gadamer conceives it, and to argue that “difference” is the life-blood of understanding against the recurring charge that Gadamer’s hermeneutics is fundamentally antagonistic to otherness.

In this paper, I first consider three possible explanations for why celebrities typically apologise publicly and sometimes also include their fans among the targets of their apology. I then identify three moral dangers of celebrity apologies, the third of which arises specifically for fan-targeted apologies, and each of which teaches us important lessons about the practice of celebrity apologies. From these individual lessons, I draw more general lessons about apologies from those with elevated social positions and the powers they are (...) associated with. (shrink)

When hard determinists reject the claim that people deserve particular kinds of treatment because of how they have acted, they are left with a problem about remorse. Remorse is often represented as a way we impose retribution on ourselves when we understand that we have acted badly. (This view of remorse appears in the work of Freud, and I think it fits our everyday, pretheoretical understanding of one kind of remorse.) Retribution of any kind cannot be appropriate if we do (...) not deserve bad treatment because of how we have acted. But remorse seems to be essentially bound up with understanding that we have acted badly. If this is right, it is important for hard determinists to find a non-retributive account of remorse, so that they can accommodate remorse within their theories. My goal in this paper is to provide such an account. I describe a kind of remorse which I think is a common human experience, a kind which is based on suffering in sympathy with the person one has wronged. It is similar to suffering in sympathy with one's friends when they suffer. We suffer in sympathy with friends not because we think we deserve to, but because we care about them, and their suffering gives us pain. In the wake of a wrongful act, a "virtuous wrongdoer" comes to care about the person wronged, and suffers in sympathy with him. This kind of remorse can be accommodated by hard determinists. (shrink)

Identifying the necessary and sufficient conditions for individuating and classifying diseases is a matter of great importance in the fields of law, ethics, epidemiology, and of course, medicine. In this paper, I first propose a means of achieving this goal, ensuring that no two distinct disease-types could correctly be ascribed to the same disease-token. I then posit a metaphysical ontology of diseases—that is, I give an account of what a disease is. This is essential to providing the most effective means (...) of interfering with disease processes. Following existing work in the philosophy of medicine and epidemiology (primarily Christopher Boorse; Caroline Whitbeck; Alexander Broadbent), philosophy of biology (Joseph LaPorte; D.L. Hull), conditional analyses of causation (J.L. Mackie; David Lewis), and recent literature on dispositional essentialism (Stephen Mumford and Rani Anjum; Alexander Bird), I endorse a dispositional conception of disease. Following discussion of various conceptions of disease-identity, their relations to the clinical and pathological effects of the diseases in question, and how diseases are treated, I conclude (i) that diseases should be individuated by their causes, and (ii) that diseases are causal processes best seen as simultaneously acting sequences of mutually manifesting dispositions. (shrink)

In this paper, I present a dilemma for those who believe in the afterlife: either we won’t survive death (or an eternal life) in the sense that most matters to us or we will become bored if we do. First, I argue that even if we – in a strict sense – survive death, there is practical sense in which we don’t survive death. This applies, I contend, to all accounts of the afterlife that: eventually, we lose our practical identity. (...) I show that our practical identity is more important to us than our numerical identity. But, as we’ll see, our practical identity is not just lost in an afterlife, but also with an eternal or immortal life. Theists have a strategy to resist this line of argument: they can argue that God will help us to retain our current practical identities. However, those that pursue this line of argument fall onto the second horn of my proposed dilemma: if we cannot change our practical identities then it seems that eventually we will become bored, and eternally so. (shrink)

Hard determinists hold that we never have alternative possibilities of action—that we only can do what we actually do. This means that if hard determinists accept the “ought implies can” principle, they must accept that it is never the case that we ought to do anything we do not do. In other words, they must reject the view that there can be “ought”‐based moral reasons to do things we do not do. Hard determinists who wish to accommodate moral reasons to (...) do things we do not do can instead appeal to Humean moral reasons that are based on desires to be virtuous. Moral reasons grounded on desires to be virtuous do not depend on our being able to act on those reasons in the way that “ought”‐based moral reasons do. (shrink)

Why do relationships of friendship and love support partiality, but not relationships of hatred or commitments of racism? Where does partiality end and why? I take the intuitive starting point that important cases of partiality are meaningful. I develop a view whereby meaning is understood in terms of transcending self-limitations in order to connect with things of external value. I then show how this view can be used to distinguish central cases of legitimate partiality from cases of illegitimate partiality and (...) how it puts pressure on the traditional way of thinking about partiality. (shrink)

Gerade weil das Bestehen auf Rangordnungen in der heutigen Gesellschaft anstößig und fremd wirkt, ist es lohnenswert, sich ihnen mit Nietzsche neu zu stellen, der sie als sein Problem bezeichnete. Er richtet sie gezielt gegen die Gleichheit, von der er befürchtet, ihr Anspruch auf Universalität verunmögliche Individualität, Anders-Sein und damit auch alle Größe. Den moralischen Wert der Gleichheit kritisieren heißt nicht, sich von demokratischen Grundprinzipien oder Errungenschaften zu verabschieden. Geklärte Rangverhältnisse reduzieren Komplexität, vereinfachen die Kommunikation, machen Verhalten erwartbar und vereinfachen (...) so die Orientierung. So könnte gerade in den modernen Ausprägungen der Demokratie ein offenerer Umgang mit Rangordnungen zu ihrer Stärkung beitragen. Die Nietzsche-Forschung hat eine Beschäftigung mit dem Begriff bisher weitgehend vermieden. Alberts schließt diese Forschungslücke. Er geht persönlichen, philologischen und philosophischen Anhaltspunkten für Nietzsches Denken nach und untersucht die Perspektiven, die dabei auf verschiedenste Lebensbereiche wie Natur, Religion, Moral, Wissenschaft und Interindividualität eröffnet werden. (shrink)

By Focusing on Hans-Georg Gadamer’s magnum opus Truth and Method, this paper aims to show how understanding itself — including the understanding of artworks, texts, tradition, and living speech — can be understood as a kind of game or dialogical play-process which requires crucial ethical conditions to be met if it is going to succeed. Success, in terms of the communication of meaning, requires that the players (or interlocutors) commit to a genuine participation with each other in which they “open” (...) themselves to each other’s “claims to truth,” take each other seriously, listen, respond and question, and stand prepared to risk their old prejudices, learn from each other, and be transformed in the process. (shrink)

This chapter assesses theories of the nature of personal love in Anglophone philosophy from the last two decades, sketching a case for pluralism. After rejecting arationalist views as failing to accommodate cases in which love is irrational, and contemporary quality views as giving love the wrong kind of reason, it argues that other theories only account for different subsets of what a complete theory of love should explain. It therefore concludes that while love always consists in valuing someone as a (...) particular individual, there are multiple ways of doing this, corresponding to multiple kinds of love. (shrink)

According to a widely held view, epistemic reasons are normative reasons for belief – much like prudential or moral reasons are normative reasons for action. In recent years, however, an increasing number of authors have questioned the assumption that epistemic reasons are normative. In this article, I discuss an important challenge for anti-normativism about epistemic reasons and present a number of arguments in support of normativism. The challenge for anti-normativism is to say what kind of reasons epistemic reasons are if (...) they are not normative reasons. I discuss various answers to this challenge and find them all wanting. The arguments for normativism each stress a certain analogy between epistemic reasons and normative reasons for action. Just like normative reasons for action, epistemic reasons provide partial justification; they provide premises for correct reasoning; they constitute good bases for the responses they are reasons for; and they are reasons for which agents can show these responses without committing a mistake. In each case, I argue that the relevant condition is plausibly sufficient for the normativity of a reason, and that normativism is in any case in a much better position to explain the analogy than anti-normativism. (shrink)

Mind &Language, Volume 35, Issue 1, Page 90-114, February 2020.

According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions supported by the relevant (...) reasons (e.g. keeping a valid promise or respecting property) can be argued to have a certain kind of value, I argue that this value presupposes a moral right, and therefore cannot explain the reason. Reflection on such cases suggest the conclusion that reasons that are subject to normative powers are generally not value-based. This also has important implications for the dialectic between ‘value-first’ and ‘reasons-first’ approaches to normativity. (shrink)

Partiality is the special concern that we display for ourselves and other people with whom we stand in some special personal relationship. It is a central theme in moral philosophy, both ancient and modern. Questions about the justification of partiality arise in the context of enquiry into several moral topics, including the good life and the role in it of our personal commitments; the demands of impartial morality, equality, and other moral ideals; and commonsense ideas about supererogation. This paper provides (...) an overview of the debate on the ethics of partiality through the lens of the domains of permissible and required partiality. After outlining the conceptual space, I first discuss agent-centred moral options that concern permissions not to do what would be impartially optimal. I then focus on required partiality, which concerns associative duties that go beyond our general duties to others and require us to give special priority to people who are close to us. I discuss some notable features of associative duties and the two main objections that have been raised against them: the Voluntarist and the Distributive objections. I then turn to the justification of partiality, focusing on underivative approaches and reasons-based frameworks. I discuss the reductionism and non-reductionism debate: the question whether partiality is derivative or fundamental. I survey arguments for ‘the big three’, according to which partiality is justified by appeal to the special value of either projects, personal relationships, or individuals. I conclude by discussing four newly emerging areas in the debate: normative transitions of various personal relationships, relationships with AI, epistemic partiality, and negative partiality, which concerns the negative analogue of our positive personal relationships. (shrink)

If you ought to perform a certain act, and some other action is a necessary means for you to perform that act, then you ought to perform that other action as well – or so it seems plausible to say. This transmission principle is of both practical and theoretical significance. The aim of this paper is to defend this principle against a number of recent objections, which (as I show) are all based on core assumptions of the view called actualism. (...) I reject actualism, provide an alternative explanation of its plausible features, and present an independent argument for the transmission principle. (shrink)

In this paper I present an argument for the claim that you ought to do something only if you may believe that you ought to do it. More exactly, I defend the following principle about normative reasons: An agent A has decisive reason to φ only if she also has sufficient reason to believe that she has decisive reason to φ. I argue that this principle follows from the plausible assumption that it must be possible for an agent to respond (...) correctly to her reasons. In conclusion, I discuss some implications of this argument (given that some other standard assumptions about reasons hold). One such implication is that we are always in a position to be justified in believing all truths about what we have decisive reason (or ought) to do. (shrink)

There is consensus within the chemosciences that olfactory perception is of the molecular structure of chemical compounds, yet within philosophical theories of smell there is little agreement about the nature of smell. The paper critically assesses the current state of debate regarding smells within philosophy in the hopes of setting it upon firm scientific footing. The theories to be covered are: Naïve Realism, Hedonic Theories, Process Theory, Odor Theories, and non-Objectivist Theories. The aforementioned theories will be evaluated based on their (...) explanations of the (a) the olfactory quality of a smell, (b) smells as distal entities, and (c) our experience of smells as intentional objects. The paper concludes with a defense of Molecular Structure Theory that demonstrating its superiority in accounting for each of these three aspects of smell. (shrink)

Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines and incarceration narrow (...) one’s routes to happiness, death eliminates its possibility. Not surprisingly, there is much debate about the moral permissibility of capital punishment. This entry maps the terrain of this debate. The first section discusses justifications of the death penalty as they appear in major theories of punishment. The second section surveys moral objections to execution that apply to most justifications. The third addresses procedural criticisms, which do not target the morality of execution so much as the justice of its implementation. (shrink)

In spite of its significance for everyday and philosophical discourse, the explanatory connective has not received much treatment in the philosophy of logic. The present paper develops a logic for based on systematic connections between and the truth-functional connectives.

Permissivism about rationality is the view that there is sometimes more than one rational response to a given body of evidence. In this paper I discuss the relationship between permissivism, deference to rationality, and peer disagreement. I begin by arguing that—contrary to popular opinion—permissivism supports at least a moderate version of conciliationism. I then formulate a worry for permissivism. I show that, given a plausible principle of rational deference, permissive rationality seems to become unstable and to collapse into unique rationality. (...) I conclude with a formulation of a way out of this problem on behalf of the permissivist. (shrink)

Extending Alvin Plantinga’s model of warranted belief to the beliefs of groups as a whole, I argue that if the dogmatic beliefs of the Catholic Church are true, they are also warranted. Catholic dogmas are warranted because they meet the three conditions of my model: they are formed (1) by ministers functioning properly (2) in accordance with a design plan that is oriented towards truth and reliable (3) in a social environment sufficiently similar to that for which they were designed. (...) I show that according to Catholic doctrine the authoritative spokespersons of the Church—ecumenical councils and popes—meet these conditions when defining dogmas. I also respond to the objection that the warrant of Catholic dogmas is defeated by the plurality of non-Catholic Christian sects that deny Catholic dogmas. (shrink)

This chapter offers a proceduralist argument against capital punishment. More specifically, it contends that the possibility of irrevocable mistakes precludes the just administration of the death penalty. At stake is a principle of political morality: legal institutions must strive to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The incompatibility of remedy and execution is the crux of the irrevocability argument: because the wrongly executed cannot enjoy the morally required compensation, execution is impermissible. Along with defending (...) his key premises, Yost explains the complicated role that sentencing uncertainty plays in the argument. He concludes by noting some of the flaws in substantive consequentialist and retributivist justifications of capital punishment. (shrink)