I develop a nontheistic (quasi-)Berkeleyan idealism. The basic strategy is to peel away the attributes of God that aren't essential for role he plays in idealist metaphysics. God's omnibenevolence, his desires, intentions, beliefs, his very status as an agent ... aren't relevant to the work he does. When we peel all these things away, we're left with a view on which reality is a vast unity of consciousness, weaving together sensory experiences of colors, shapes, sounds, sizes, etc. into the trees, (...) electrons, black holes, and central nervous systems that fill the world around us. This phenomenal unity is governed by laws analogous to those posited by materialists, governing the unfolding of reality. I argue that if reality is fundamentally phenomenal in this way, we can give a unique account of perception that robustly captures direct realist intuitions of reality forming the "constituents" of our experiences: In perception, our finite unities of consciousness come to literally overlap with the unity of consciousness that is reality. I assess the unique virtues and challenges such a view faces, paying particular attention to the question of whether idealism entails a profligacy of physical laws. (shrink)

The aim of this paper is to assess the relationship between anti-physicalist arguments in the philosophy of mind and anti-naturalist arguments in metaethics, and to show how the literature on the mind-body problem can inform metaethics. Among the questions we will consider are: (1) whether a moral parallel of the knowledge argument can be constructed to create trouble for naturalists, (2) the relationship between such a "Moral Knowledge Argument" and the familiar Open Question Argument, and (3) how naturalists can respond (...) to the Moral Twin Earth argument. We will give particular attention to recent arguments in the philosophy of mind that aim to show that anti-physicalist arguments can be defused by acknowledging a distinctive kind of conceptual dualism between the phenomenal and the physical. This tactic for evading anti-physicalist arguments has come to be known as the Phenomenal Concept Strategy. We will propose a metaethical version of this strategy, which we shall call the `Moral Concept Strategy'. We suggest that the Moral Concept Strategy offers the most promising way out of these anti-naturalist arguments, though significant challenges remain. (shrink)

The space of possible worlds is vast. Some of these possible worlds are materialist worlds, some may be worlds bottoming out in 0s and 1s, or other strange things we cannot even dream of… and some are idealist worlds. From among all of the worlds subjectively indistinguishable from our own, the idealist ones have uniquely compelling virtues. Idealism gives us a world that is just as it appears; a world that’s fit to literally enter our minds when we perceive it. (...) If the world is an idealist world, we live in a perceptual Eden. We did not fall from Eden. Rather, we deluded ourselves into believing that we couldn’t possibly live in Eden when we committed to materialism. Reflecting on these big-picture issues gives us reason to question this commitment and embrace a radically new account of reality and our relation to it. (shrink)

Epiphenomenalist dualists hold that certain physical states give rise to non-physical conscious experiences, but that these non-physical experiences are themselves causally inefficacious. Among the most pressing challenges facing epiphenomenalists is the so-called “paradox of phenomenal judgment”, which challenges epiphenomenalism’s ability to account for our knowledge of our own conscious experiences. According to this objection, we lack knowledge of the very thing that epiphenomenalists take physicalists to be unable to explain. By developing an epiphenomenalist theory of subjects and mental states, this (...) paper argues that there is nothing paradoxical or problematic about the epiphenomenalist’s understanding of phenomenal judgments or phenomenal self-knowledge. The appearance of paradox emerges from inconsistently combining (epiphenomenalist) dualism about qualia with a physicalistic conception of subjects of experience. The lesson we should take from this is not that there is anything wrong with epiphenomenalism, but that epiphenomenalist dualists should be “dualists all the way down”—embracing a picture of mind that gives phenomenology a central place, in its understanding of both subjects and their knowledge of their own minds. Epiphenomenalist-friendly accounts of reference and memory are also developed, showing that neither of these issues creates a paradox for the epiphenomenalist. (shrink)

The majority of physicalists are type-B physicalists – believing that the phenomenal-physical truths are only knowable a posteriori. This paper aims to show why this view is misguided. The strategy is to design an agent who (1) has full general physical knowledge, (2) has phenomenal concepts, and yet (3) is wired such that she would be in a position to immediately work out the phenomenal-physical truths. I argue that this derivation yields a priori knowledge. The possibility of such a creature (...) entails that – contrary to type-B physicalism – there is not an ideal epistemic gap between the phenomenal and the physical truths. Out of this argument against type-B physicalism emerges a positive result: a new and compelling version of type-A physicalism, roughly a type-A phenomenal concept strategy. (shrink)

Effective altruism sounds so innocuous—who could possibly be opposed to doing good more effectively? Yet it has inspired significant backlash in recent years. This paper addresses some common misconceptions and argues that the core “beneficentric” ideas of effective altruism are both excellent and widely neglected. Reasonable people may disagree on details of implementation, but all should share the basic goals or values underlying effective altruism.

This paper draws on the 'Fitting Attitudes' analysis of value to argue that we should take the concept of fittingness (rather than value) as our normative primitive. I will argue that the fittingness framework enhances the clarity and expressive power of our normative theorising. Along the way, we will see how the fittingness framework illuminates our understanding of various moral theories, and why it casts doubt on the Global Consequentialist idea that acts and (say) eye colours are normatively on a (...) par. We will see why even consequentialists, in taking rightness to be in some sense determined by goodness, should not think that rightness is conceptually reducible to goodness. Finally, I will use the fittingness framework to explicate the distinction between consequentialist and deontological theories, with particular attention to the contentious case of Rule Consequentialism. (shrink)

There is too much that we do not know about COVID-19. The longer we take to find it out, the more lives will be lost. In this paper, we will defend a principle of risk parity: if it is permissible to expose some members of society (e.g. health workers or the economically vulnerable) to a certain level of ex ante risk in order to minimize overall harm from the virus, then it is permissible to expose fully informed volunteers to a (...) comparable level of risk in the context of promising research into the virus. We apply this principle to three examples of risky research: skipping animal trials for promising treatments, human challenge trials to speed up vaccine development, and low-dose controlled infection or “variolation.” We conclude that if volunteers, fully informed about the risks, are willing to help fight the pandemic by aiding promising research, there are strong moral reasons to gratefully accept their help. To refuse it would implicitly subject others to still graver risks. (shrink)

Utilitarianism is often rejected on the grounds that it fails to respect the separateness of persons, instead treating people as mere “receptacles of value”. I develop several different versions of this objection, and argue that, despite their prima facie plausibility, they are all mistaken. Although there are crude forms of utilitarianism that run afoul of these objections, I advance a new form of the view—‘token-pluralistic utilitarianism’—that does not.

Satisficing Consequentialism is often rejected as hopeless. Perhaps its greatest problem is that it risks condoning the gratuitous prevention of goodness above the baseline of what qualifies as "good enough". I propose a radical new willpower-based version of the view that avoids this problem, and that better fits with the motivation of avoiding an excessively demanding conception of morality. I further demonstrate how, by drawing on the resources of an independent theory of blameworthiness, we may obtain a principled specification of (...) what counts as "good enough". (shrink)

Are non-natural properties worth caring about? I consider two objections to metaethical non-naturalism. According to the intelligibility objection, it would be positively unintelligible to care about non-natural properties that float free from the causal fabric of the cosmos. According to the ethical idlers objection, there is no compelling motivation to posit non-natural normative properties because the natural properties suffice to provide us with reasons. In both cases, I argue, the objection stems from misunderstanding the role that non-natural properties play in (...) the non-naturalist's understanding of normativity. The role of non-natural properties is not to be responded to, but to "mark" which natural properties it is correct for us to respond to in certain ways. (shrink)

Conservative assumptions in medical ethics risk immense harms during a pandemic. Public health institutions and public discourse alike have repeatedly privileged inaction over aggressive medical interventions to address the pandemic, perversely increasing population-wide risks while claiming to be guided by ‘caution’. This puzzling disconnect between rhetoric and reality is suggestive of an underlying philosophical confusion. In this paper, I argue that we have been misled by status quo bias—exaggerating the moral significance of the risks inherent in medical interventions, while systematically (...) neglecting the risks inherent in the status quo prospect of an out-of-control pandemic. By coming to appreciate the possibility and significance of status quo risk, we will be better prepared to respond appropriately when the next pandemic strikes. (shrink)

Right- and wrong-making features ("moral grounds") are widely believed to play important normative roles, e.g. in morally apt or virtuous motivation. This paper argues that moral grounds have been systematically misidentified. Canonical statements of our moral theories tend to summarize, rather than directly state, the full range of moral grounds posited by the theory. Further work is required to "unpack" a theory's criterion of rightness and identify the features that are of ground-level moral significance. As a result, it is not (...) actually true that maximizing value is the relevant right-making feature even for maximizing consequentialists. Focusing on the simple example of utilitarianism, I show how careful attention to the ground level can drastically influence how we think about our moral theories. (shrink)

According to the Asymmetry, we’ve strong moral reason to prevent miserable lives from coming into existence, but no moral reason to bring happy lives into existence. This procreative asymmetry is often thought to be part of commonsense morality, however theoretically puzzling it might prove to be. I argue that this is a mistake. The Asymmetry is merely prima facie intuitive, and loses its appeal on further reflection. Mature commonsense morality recognizes no fundamental procreative asymmetry. It may recognize some superficially similar (...) theses, but we will see that they derive from more familiar principles, and are compatible with there being moral reason to bring happy lives into existence. (shrink)

Parfit's On What Matters offers a rousing defence of non-naturalist normative realism against pressing metaphysical and epistemological objections. He addresses skeptical arguments based on (i) the causal origins of our normative beliefs, and (ii) the appearance of pervasive moral disagreement. In both cases, he concedes the first step to the skeptic, but draws a subsequent distinction with which he hopes to stem the skeptic's advance. I argue, however, that these distinctions cannot bear the weight that Parfit places on them. A (...) successful moral epistemology must take a harder line with the skeptic, insisting that moral knowledge can be had by those with the right kind of psychology -- no matter the evolutionary origin of the psychology, nor whether we can demonstrate its reliability over the alternatives. (shrink)

Bioethicists often present ‘saving lives’ as a goal distinct from, and competing with, that of extending lives by as much as possible. I argue that this usage of the term is misleading, and provides unwarranted rhetorical support for neglecting the magnitudes of the harms and benefits at stake in medical allocation decisions, often to the detriment of the young. Equal concern for all persons requires weighting equal interests equally, but not all individuals have an equal interest in ‘life-saving’ treatment.

Many consider Nozick’s “utility monster”—a being more efficient than ordinary people at converting resources into wellbeing, with no upper limit—to constitute a damning counterexample to utilitarianism. But our intuitions may be reversed by considering a variation in which the utility monster starts from a baseline status of massive suffering. This suggests a rethinking of the force of the original objection.

This paper considers the relation between the value of a whole (person, society) and its parts (timeslices, individuals), arguing that the contributory value of a part cannot be determined in isolation. For example, the value of an additional life may depend on what other lives there are. This has important implications for population ethics, and especially Parfit's 'repugnant conclusion'.

Derek Parfit was one of the most important and influential moral philosophers of the late 20th and early 21st centuries. This Element offers a critical introduction to his wide-ranging ethical thought, focusing especially on his two most significant works, Reasons and Persons and On What Matters, and their contribution to the consequentialist moral tradition. Topics covered include: rationality and objectivity, distributive justice, self-defeating moral theories, Parfit's Triple Theory, personal identity, and population ethics.

We explore the ethics of deliberately exposing consenting adults to SARS-CoV-2 to induce immunity to the virus (“DEI” for short). We explain what a responsible DEI program might look like. We explore a consequentialist argument for DEI according to which DEI is a viable harm-reduction strategy. Then we consider a non-consequentialist argument for DEI that draws on the moral significance of consent. Additionally, we consider arguments for the view that DEI is unethical on the grounds that, given that large-scale DEI (...) would be highly likely to result in some severe illnesses and deaths, DEI amounts to a form of killing. Our thesis is that incorporating a DEI program alongside the status-quo “calibrate-the-curve” responses could have significant advantages at the early stages of pandemics. These potential advantages mean that, at a minimum, research into DEI would have been justified early in the COVID-19 pandemic, and that DEI programs should be explored as potential additions to our overall approach to emerging pandemics in the future. (shrink)

[from the publisher's website] Questions about the existence and attributes of God form the subject matter of natural theology, which seeks to gain knowledge of the divine by relying on reason and experience of the world. Arguments in natural theology rely largely on intuitions and inferences that seem natural to us, occurring spontaneously—at the sight of a beautiful landscape, perhaps, or in wonderment at the complexity of the cosmos—even to a nonphilosopher. In this book, Helen De Cruz and Johan (...) De Smedt examine the cognitive origins of arguments in natural theology. They find that although natural theological arguments can be very sophisticated, they are rooted in everyday intuitions about purpose, causation, agency, and morality. Using evidence and theories from disciplines including the cognitive science of religion, evolutionary ethics, evolutionary aesthetics, and the cognitive science of testimony, they show that these intuitions emerge early in development and are a stable part of human cognition. -/- De Cruz and De Smedt analyze the cognitive underpinnings of five well-known arguments for the existence of God: the argument from design, the cosmological argument, the moral argument, the argument from beauty, and the argument from miracles. Finally, they consider whether the cognitive origins of these natural theological arguments should affect their rationality. (shrink)

This paper argues that public statues of persons typically express a positive evaluative attitude towards the subject. It also argues that states have duties to repudiate their own historical wrongdoing, and to condemn other people’s serious wrongdoing. Both duties are incompatible with retaining public statues of people who perpetrated serious rights violations. Hence, a person’s being a serious rights violator is a sufficient condition for a state’s having a duty to remove a public statue of that person. I argue that (...) this applies no less in the case of the ‘morally ambiguous’ wrongdoer, who both accomplishes significant goods and perpetrates serious rights violations. The duty to remove a statue is a defeasible duty: like most duties, it can be defeated by lesser-evil considerations. If removing a statue would, for example, spark a violent riot that would risk unjust harm to lots of people, the duty to remove could be outweighed by the duty not to foreseeably cause unjust harm. This would provide a lesser-evil justification for keeping the statue. But it matters that the duty to remove is outweighed, rather than negated, by these consequences. Unlike when a duty is negated, one still owes something in cases of outweighing. And it especially matters that it is outweighed by the predicted consequences of wrongful behaviour by others. (shrink)

In this paper Beebee argues that the problem of induction, which she describes as a genuine sceptical problem, is the same for Humeans than for Necessitarians. Neither scientific essentialists nor Armstrong can solve the problem of induction by appealing to IBE, for both arguments take an illicit inductive step.

This paper presents a dilemma which it has been alleged by Kim Frost must be faced by any defender of the notion of a two-way power and offers a solution to the dilemma which is distinct from Frost’s own. The dilemma is as follows: assuming that powers are to be individuated by what they are powers to do or undergo, then either there is a unified description of the manifestation-type which individuates the power, or there is not. If there is, (...) then two-way powers are revealed really to be one-way powers, after all. If there is not, then it is difficult to explain why the two-way power does not simply dissolve into a mere combination of two one-way powers. The paper offers an account of what a two-way power is that is distinct from the one Frost takes for granted, and argues that this different conception is the key to avoiding the dilemma. It is also argued that this alternative conception has several further advantages over its rival and also that it has no less of a claim than Frost’s notion to be prefigured in Aristotle’s original discussion. (shrink)

Humean compatibilism is the combination of a Humean position on laws of nature and the thesis that free will is compatible with determinism. This article's aim is to situate Humean compatibilism in the current debate among libertarians, traditional compatibilists, and semicompatibilists about free will. We argue that a Humean about laws can hold that there is a sense in which the laws of nature are 'up to us' and hence that the leading style of argument for incompatibilism?the consequence argument?has a (...) false premiss. We also display some striking similarities between Humean compatibilism and libertarianism, an incompatibilist view. For example, standard libertarians face a problem about luck, and we show that Humean compatibilists face a very similar problem. (shrink)

In this paper, I explore the question what a continuant is, in the context of a very interesting suggestion recently made by Rowland Stout, as part of his attempt to develop a coherent ontology of processes. Stout claims that a continuant is best thought of as something that primarily has its properties at times, rather than atemporally—and that on this construal, processes should count as continuants. While accepting that Stout is onto something here, I reject his suggestion that we should (...) accept that processes are both occurrents and continuants; nothing, I argue, can truly occur or happen, which does not have temporal parts. I make an alternative suggestion as to how one might deal with the peculiar status of processes without jettisoning a very natural account of occurrence; and assess the consequences for the category of continuant. (shrink)

Epistemic peer disagreement raises interesting questions, both in epistemology and in philosophy of science. When is it reasonable to defer to the opinion of others, and when should we hold fast to our original beliefs? What can we learn from the fact that an epistemic peer disagrees with us? A question that has received relatively little attention in these debates is the value of epistemic peer disagreement—can it help us to further epistemic goals, and, if so, how? We investigate this (...) through a recent case in paleoanthropology: the debate on the taxonomic status of Homo floresiensis remains unresolved, with some authors arguing the fossils represent a novel hominin species, and others claiming that they are Homo sapiens with congenital growth disorders. Our examination of this case in the recent history of science provides insights into the value of peer disagreement, indicating that it is especially valuable if one does not straightaway defer to a peer’s conclusions, but nevertheless remains open to a peer’s evidence and arguments. (shrink)

In her ‘Causality and Determination’, Anscombe argues for the strong thesis that despite centuries of philosophical assumption to the contrary, the supposition that causality and necessity have something essential to do with one another is baseless. In this paper, I assess Anscombe’s arguments and endorse her conclusion. I then attempt to argue that her arguments remain highly relevant today, despite the fact that most popular general views of causation today are firmly probabilistic in orientation and thus show no trace of (...) the assumptions Anscombe hoped to undermine. My suggestion is that Anscombe's interests in causality are distinct from those which mostly animate the modern debate about the general nature of causality and that in those specialized areas of philosophy in which those concerns still dominate, one can still see the effects of the fallacies and confusions to which she alerts us. I conclude by offering two possible complementary explanations of the tendency to suppose that causation is a variety of necessitation. (shrink)

This paper argues, by attention to the category of sub-intentional agency, that many conceptions of the nature of agency are 'over-mentalised', in that they insist that an action proper must be produced by something like an intention or a reason or a desire. Sub-intentional actions provide counterexamples to such conceptions. Instead, it is argued, we should turn to the concept of a two-way power in order to home in on the essential characteristics of actions.

According to ‘regularity theories’ of causation, the obtaining of causal relations depends on no more than the obtaining of certain kinds of regularity. Regularity theorists are thus anti-realists about necessary connections in nature. Regularity theories of one form or another have constituted the dominant view in analytic Philosophy for a long time, but have recently come in for some robust criticism, notably from Galen Strawson. Strawson’s criticisms are natural criticisms to make, but have not so far provoked much response from (...) regularity theorists. The paper considers and rebuts Strawson’s objections. For example, Strawson claims that if there were no necessary connections in nature, we ought continually to find the regularity of the Universe surprising. I argue that the fact that the Universe is regular is something we take ourselves (fallibly) to know, and hence, in the light of this knowledge, its continued orderliness is not at all surprising. -/- . (shrink)

The paper considers whether psychiatric kinds can be natural kinds and concludes that they can. This depends, however, on a particular conception of ‘natural kind’. We briefly describe and reject two standard accounts – what we call the ‘stipulative account’ (according to which apparently a priori criteria, such as the possession of intrinsic essences, are laid down for natural kindhood) and the ‘Kripkean account’ (according to which the natural kinds are just those kinds that obey Kripkean semantics). We then rehearse (...) a more permissive account: Richard Boyd’s ‘homeostatic property cluster’ (HPC) account. We argue that psychiatric kinds can in principle count as natural kinds on the HPC account. Moreover, specific psychiatric kinds (Tourette’s, schizophrenia, etc.) can be natural kinds even if the category psychiatric disorder is not itself a natural kind. (shrink)

Perplexity is an epistemic emotion with deep philosophical significance. In ancient Greek philosophy, it is identified as a catalyst for philosophical progress and personal philosophical transformation. In psychological terms, perplexity is the phenomenological sense of lacking immersion in the world, a state of puzzlement and alienation from one’s everyday surroundings. What could make such an emotion philosophically useful? To answer this question, I examine the role of perplexity in Jane Addams’s political theory and ethics. Addams, a social reformer and American (...) pragmatist philosopher, regarded perplexity as an emotion that arises out of specific situations, such as being part of a social settlement, union actions, or trying to surmount gender expectations. Perplexity allows us cognitive distance from our everyday customary morality and ordinary habits of thinking, and this pushes us to become creative in our philosophical reflection. I contextualize perplexity in Jane Addams’s social reforms, and examine the relevance of her ideas today. (shrink)

This paper considers the analogies and disanalogies between a certain sort of argument designed to oppose scepticism about free will and a certain sort of argument designed to oppose scepticism about the external world. In the case of free will, I offer the ancient Lazy Argument and an argument of my own, which I call the Agency Argument, as examples of the relevant genre; and in the case of the external world, I consider Moore’s alleged proof of an external world. (...) I draw attention to analogies and disanalogies between the arguments offered in each case in order to suggest that although the Agency Argument shares with its Moorean relative the unfortunate property of being dialectically ineffective against some of those it is mainly hoping to convince, it will not be dialectically ineffective against all of them. It is also argued that the Agency Argument is less vulnerable than Moore’s proof to worries about its justificatory structure. (shrink)

As the author of A Metaphysics for Freedom (Oxford: Oxford University Press, 2012), I respond to each of the preceding eight papers in this Special Issue.

The paper argues that the reconciliation of the Causal Theory of Perception with Disjunctivism requires the rejection of causal particularism – the idea that the ontology of causation is always and everywhere an ontology of particulars (e.g., events). The so-called ‘Humean Principle’ that causes must be distinct from their effects is argued to be a genuine barrier to any purported reconciliation, provided causal particularism is retained; but extensive arguments are provided for the rejection of causal particularism. It is then explained (...) how the reconciliation of the causal theory with disjunctivism can proceed on the basis of an ontology of facts. (shrink)

In recent years, calls have been made to address the relative dearth of qualitative sociological investigation into the sensory dimensions of embodiment, including within physical cultures. This article contributes to a small, innovative and developing literature utilizing sociological phenomenology to examine sensuous embodiment. Drawing upon data from three research projects, here we explore some of the ‘sensuousities’ of ‘intense embodiment’ experiences as a distance-running-woman and a boxing-woman, respectively. Our analysis addresses the relatively unexplored haptic senses, particularly the ‘touch’ of heat. (...) Heat has been argued to constitute a specific sensory mode, a trans-boundary sense. Our findings suggest that ‘lived’ heat, in our own physical-cultural experiences, has highly proprioceptive elements and is experienced as both a form of touch and as a distinct perceptual mode, dependent upon context. Our analysis coheres around two key themes that emerged as salient: (1) warming up, and (2) thermoregulation, which in lived experience were encountered as strongly interwoven. (shrink)

This article takes up the idea of language as a home and dwelling, and reconsiders what this might mean in the context of diasporic bilingualism – where as a ‘heritage speaker’ of a minority language, the ‘mother tongue’ may be experienced as both deeply familiar yet also alien or alienating. Drawing on a range of philosophical and literary accounts (Cassin, Arendt, Anzaldúa, Vuong, among others), this article explores how the so-called ‘mother tongue’ is experienced by heritage speakers in an English-dominant (...) world. From navigating one’s being in-between language-worlds, to the experience of language loss and efforts of reconnection, I argue that bilingual dwelling involves many complex layers often overlooked by philosophical accounts of language that do not attend to the lived world of the migrant and racialised outsider. By turning to the example of bilingual parenting, I then examine how such an undertaking, while labour-intensive, offers opportunities to refresh and co-create language-worlds anew. (shrink)

According to common-sense morality, agents can become morally connected to the wrongdoing of others, such that they incur special obligations to prevent or rectify the wrongs committed by the primary wrongdoer. We argue that, under certain conditions, voluntary and unjustified observation of another agent’s degrading wrongdoing, or of the ‘product’ of their wrongdoing, can render an agent morally liable to bear costs for the sake of the victim of the primary wrong. We develop our account with particular reference to widespread (...) modern phenomena such as so-called ‘revenge porn’, ‘up-skirting’, and the online observation of sexual assault and murder. On our account, observation is not a sui generis basis of liability. Instead, observation grounds liability in virtue of manifesting three, more general, grounds of liability. First, observation can compound a primary wrong, making that wrong more harmful for the victim. Second, observation can constitute degrading treatment of the victim. Third, in certain cases observation can enable primary wrongdoing. We conclude by discussing the conditions under which observing degrading wrongs might be morally justified. (shrink)

In a recent paper (Bird 2001), Alexander Bird argues that the law that common salt dissolves in water is metaphysically necessary - and he does so without presupposing dispositionalism about properties. If his argument were sound, it would thus show that at least one law of nature is meta- physically necessary, and it would do so without illicitly presupposing a position (dispositionalism) that is already committed to a necessitarian view of laws. I shall argue that Bird's argument is unsuccesful.