Retributivists are often thought to give 'deontological' theories of punishment, arguing that we should punish not for the beneficial consequences of doing so such as deterrence or incapacitation, but purely because justice demands it. Kant is often regarded as the paradigmatic retributivist. In some passages Kant does appear to give a deontological theory of punishment. For example, Kant insists that on an island where all the people were to leave the next day, forever dissolving and dispersing the community, the last (...) murderer in jail would have to have his execution carried out before the diaspora--justice demands it. In other passages, however, Kant defends punishment by appealing to its beneficial consequences. For example, after supposing that one man on a life raft pushes the other off to save his own life, Kant says that the former man should not be legally punished "because that punishment would have to be death, and it would be an absurd law that threatened death to one who refuses to die voluntarily in a dangerous situation." In this passage Kant's reasoning is that state laws, by threatening us with sanctions, are intended to prevent us from violating rights--the point of these laws is to deter. A law that imposes a punishment that could not deter is an absurd law. I argue that while Kant rejects consequentialism in thinking about moral actions, he distinguishes law and morality, and in the sphere of law, an action we take is to be justified by appealing to the good it yields. The point of legal punishment is to deter violations of rights and protect us from a state of nature in which no one's freedom is assured. Kant's theory of legal (as opposed to moral) punishment is not deontological. Nevertheless we can characterize his consequentialist theory of legal punishment as retributive in some sense. The paper then considers how the passages about punishment in which Kant invokes consequentialist thinking can be reconciled with other passages where he insists on punishment regardless of the consequences. (shrink)

Hegel's Rechtsphilosophie is metaphysical, to be sure; but it is also political. To help show this I will make sense, and show the plausibility and relevance, of what appears to be one of the most metaphysical (and bizarre) claims to be found in Hegel's political philosophy: his justification of hereditary monarchy. While among Hegel scholars Hegel's theory of constitutional monarchy has been a focus of heated debate over whether Hegel is a liberal or a conservative; and has recently become a (...) focus in the debate over whether Hegel accommodated himself to the Prussian government out of fear of censorship by publishing an exoteric view endorsing hereditary monarchy that belies his �genuine�, more democratic view, to the nonspecialist Hegel's argument will seem to be of little relevance -- hereditary monarchy is not a live option for us in the 1990s. My intention in giving it serious consideration is not to have us entertain hereditary monarchy as an undeservedly neglected possibility, but rather to put the brakes on a tendency to dismiss Hegel as too much the idealist to dirty his hands with politics. (shrink)

The natural duty theory holds that "we have a natural duty to support the laws and institutions of a just state" (Jeremy Waldron). We owe this not because we ever promised to support these laws and institutions, nor because fair play requires we support the cooperative ventures from which we receive benefits. The claim is that we have a general duty to promote institutions that do something justice requires wherever these institutions may be, a duty that does not depend on (...) our having special ties to these institutions, special ties of the sort we have to the institutions of our own government. I argue that we do not need to appeal to the idea of a natural duty to justify compliance with many laws. For example, New Zealanders must not murder, rape, or steal while in France, not because they have a duty to obey laws of a just state, but because it is wrong to murder, rape, or steal. If the natural duty theory is taken to be a statement of the conditions necessary for an obligation to exist, it would wrongly conclude there is no duty to obey laws against murder or rape in a state whose institutions and laws are not just. A second class of laws reflect not moral judgments but, rather, local conventions, conventions that are morally arbitrary but which may be useful in coordinating action. For example, New Zealanders visiting France must drive on the right side of the road, as dictated by French convention. Here, too, the natural duty theory fails to provide a suitable account of the relation noncitizens have to such laws. Our reasons for driving on the right side of the road when this is accepted convention have nothing to do with the justice of the institutions of the state. To flout this convention is not to undermine justice since there is nothing just or unjust about driving on one side of the road or another. I question the advantages of the natural duty theory, especially in light of important ambiguities in the theory. (shrink)

The Dispossessed has been described by political thinker Andre Gorz as 'The most striking description I know of the seductions—and snares—of self-managed communist or, in other words, anarchist society.' To date, however, the radical social, cultural, and political ramifications of Le Guin's multiple award-winning novel remain woefully under explored. Editors Laurence Davis and Peter Stillman right this state of affairs in the first ever collection of original essays devoted to Le Guin's novel. Among the topics covered in this wide-ranging, international (...) and interdisciplinary collection are the anarchist, ecological, post-consumerist, temporal, revolutionary, and open-ended utopian politics of The Dispossessed. The book concludes with an essay by Le Guin written specially for this volume, in which she reassesses the novel in light of the development of her own thinking over the past 30 years. (shrink)

Philosophers have focused on why privacy is of value to innocent people with nothing to hide. I argue that for people who do have something to hide, such as a past crime, or bad behavior in a public place, informational privacy can be important for avoiding undeserved or disproportionate non-legal punishment. Against the objection that one cannot expect privacy in public facts, I argue that I might have a legitimate privacy interest in public facts that are not readily accessible, or (...) in details of a public fact that implicate my dignity, or in not having a public fact memorialized and spread to more people than I willingly exposed myself to. (shrink)

In light of technology that may reveal the content of a person’s innermost thoughts, I address the question of whether there is a right to ‘brain privacy’—a right not to have one’s inner thoughts revealed to others–even if exposing these thoughts might be beneficial to society. I draw on a conception of privacy as the ability to control who has access to information about oneself and to an account that connects one’s interest in privacy to one’s interests in autonomy and (...) associated reputational interests, and preserving one’s dignity. Focusing on the controversial case of Gilberto Valle, known as the ‘cannibal cop’, who faced legal punishment and moral reproach for deeply disturbing thoughts of doing violence to women, thoughts he claimed were mere fantasies, I argue that Valle has a right to brain privacy if he has a legitimate privacy interest that is not outweighed by competing societal interests in avoiding harm. Our weighing of competing privacy and societal interests will depend on the magnitude of the privacy interests in autonomy and dignity, and on how reliable the technology used to expose inner thoughts is in predicting future harmful behavior and identifying true threats. (shrink)

Some critics of Mill understand him to advocate the forced assimilation of people he regards as uncivilized, and to defend toleration and the principle of liberty only for civilized people of the West. Examination of Mill’s social and political writings and practice while serving the British East India Company shows, instead, that Mill is a ‘tolerant imperialist’: Mill defends interference in India to promote the protection of legal rights, respect and toleration for conflicting viewpoints, and a commercial society that can (...) cope with natural threats. He does not think the principle of liberty is waived for the uncivilized, or that the West should forcibly reshape them in its own monistic image. Mill’s tolerant imperialism reflects a tension between liberty and moral development that surfaces also when Mill thinks about the scope of government in civilized societies. (shrink)

Is it always morally wrong to violate a law and in doing so does one necessarily act badly? I argue that whether in breaking a law one acts badly depends on considerations unique to the particular act of lawbreaking. The moral judgment in question is deeply contextual and cannot be settled by appeal to blanket moral rules such as that it is wrong to break (any) law. The argument is made by focusing on the example of a runner having to (...) decide whether to disobey the law against trespass. If in trespassing one acts badly it is not because there is a prima facie moral obligation to obey law. Theories of political obligation which ground an obligation to obey law in the principles of fairness or gratitude or in consent all fail to provide a persuasive reason not to trespass given a particular fact situation. I argue that when it is morally wrong to trespass it is morally wrong not because one has broken the law, but because and insofar as one has violated reasonable expectations of privacy. Whether there is a reasonable expectation of privacy in one's property depends in part on the character of the property in question. (shrink)

Does privacy--the condition of being invisible to public scrutiny--in so emphasizing individual rights, undermine community? One objection to privacy is that it is a license to engage in antisocial activity that undermines social norms. Another objection is that privacy encourages isolation and anonymity, also undermining community. Drawing on the political theory of Hegel, I argue that privacy can promote community. Some invasions of privacy can undermine a sort of autonomy essential for maintaining a community. I also discuss what we need (...) to know before establishing whether privacy empirically promotes or undermines community. (shrink)

I address the question, ‘Should a retributivist support an entrapment defense and if so, under what circumstances?’, by considering the culpability of entrapped defendants. An entrapment defense is invoked by defendants who claim they violated the law because they were enticed to crime by the police and would not otherwise have committed the crime. There are different rationales for the defense: people who are normally law abiding, and who are not predisposed to commit crimes, do not commit crimes merely when (...) the opportunity is presented, without further coaxing—only criminals do—and so spending resources to entice and then punish such “false criminals” is wasteful from a utilitarian perspective. Several theorists assume retributivists must oppose the defense: entrapped defendants have broken the law and, according to one version of retributivism (Mabbott), this itself might warrant punishment; they are still culpable although they were enticed, because succumbing to temptation is no defense—there is no ‘private entrapment defense’; and to not punish the non-predisposed who are enticed to crime by government, while punishing those who are predisposed, is wrongly to assert that a person’s culpability hinges on their predisposition and wrongly to punish someone not for their present conduct but for their character or past actions. I explore some reasons why a retributivist can support an entrapment defense. First, entrapped defendants may be less culpable than the privately enticed insofar as they do not cause harm. As police control the situation, no actual harm is caused, and whether one actually causes harm may bear on one’s culpability; and if one’s predisposition was weak and required substantial police coaxing to be triggered, we might say that the police action and not the defendant caused the crime in the relevant sense. Second, applying Robert Nozick’s account of coercion in a novel way, I consider the argument that entrapped defendants may be less culpable insofar as their action was not fully voluntary, in that unlike in private enticement cases, they necessarily underestimate the probability of being caught before making their choice. (shrink)

This article addresses the question of whether an expectation of privacy is reasonable in the face of new technologies of surveillance, by developing a principle that best fits our intuitions. A "no sense enhancement" principle which would rule out searches using technologically sophisticated devices is rejected. The paper instead argues for the "mischance principle," which proscribes uses of technology that reveal what could not plausibly be discovered accidentally without the technology, subject to the proviso that searches that serve a great (...) public good that clearly outweighs minimal intrusions upon privacy are permissible. Justifications of the principle are discussed, including reasons why we should use the principle and not rely solely on a utilitarian balancing test. The principle is applied to uses of aerial photography and heat-detection devices. (shrink)

Thom Brooks criticizes utilitarian and retributive theories of punishment but argues that utilitarian and retributive goals can be incorporated into a coherent and unified theory of punitive restoration, according to which punishment is a means of reintegrating criminals into society and restoring rights. I point to some difficulties with Brooks’ criticisms of retributive and utilitarian theories, and argue that his theory of punitive restoration is not unified or coherent. I argue further that a theory attempting to capture the complex set (...) of rules and behaviors that constitute the practice of legal punishment cannot persuasively be unified and coherent: legitimate features of the practice advance goals and promote values that in some cases conflict. (shrink)

The inability thesis holds that one’s culture determines behavior and can make one unable to comply with the law and therefore less deserving of punishment. Opponents of the thesis reject the view that humans are made physically unable to act certain ways by their cultural upbringing. The article seeks to help evaluate the inability thesis by pointing to a literature in cultural psychology and anthropology presenting empirical evidence of the influence of culture on behavior, and offering conceptual analysis of the (...) concept of determinism and its connection to moral culpability. Without conceding that culture never determines behavior, I argue that opponents of the inability thesis err in drawing a moral implication from this premise. What matters in formulating moral judgments about punishment are not the possibility but the reasonability of complying with the law. Cultural influences may make an action reasonable that without similar cultural influences would be unreasonable. (shrink)

Hegel for the most part insists we support existing practices: they have endured, have socialized us, are our home. At times Hegel seems to demand conformity, to leave no room for dissent or disobedience. Hegel gives great weight to the authority of the state and of custom. But Hegel does not leave the individual confronted with an unjust state powerless. To Hegel, we are obligated to obey the law if we are at home in the state, if its practices, institutions (...) and laws are rational, if the free will "comes into existence" in it. But on Hegel's view, if the practices, institutions and laws of the state are not rational, we are not obligated to comply with their demands. Few recognize that Hegel even allows for justified disobedience, let alone that he can tell us anything about the conditions under which disobedience is justified. This is partly attributable to the fact that important texts concerning Hegel's views have only recently been discovered and published. For example, in a passage from one of these texts, a set of notes of Hegel's lectures on political philosophy, Hegel declares that if my free will does not come into existence in the state, I have no corresponding duty to the state. My purpose is to articulate a distinctive Hegelian theory of justified disobedience, show how it differs both from the traditional understandings of Hegel's views and from contemporary approaches to the problem of justified disobedience, and briefly to point to some difficulties with Hegel's position that need to be worked out if it is to be a satisfactory alternative. (shrink)

Recent legal opinions and scholarly works invoke the political philosophy of John Locke, and his claim that there is a natural right of self-defense, to support the view that the 2nd Amendment’s right to bear arms is so fundamental that no state may disarm the people. I challenge this use of Locke. For Locke, we have a right of self-defense in a state of nature. But once we join society we no longer may take whatever measures that seem reasonable to (...) us to defend ourselves: we are bound to the law duly enacted according to the original Constitution to which we consented. For Locke, how best to avoid dissolution of government and preserve individual liberty is for the people to judge collectively, unconstrained by natural proscriptions on gun regulations, limited only by the demands that government not be arbitrary and that it serve the public good. (shrink)

Dateline NBC’s “To Catch a Predator”(2006-08) involved NBC staff working with police and a watchdog group called “Perverted Justice” to televise “special intensity” arrests of men who were lured into meeting adult decoys posing as young children, presumably for a sexual encounter. As reality television, “To Catch a Predator” facilitates public shaming of those caught in front of the cameras, which distinguishes it from fictional representations. In one case, a Texas District Attorney, Louis Conradt, shot himself on film, unable to (...) bear the public humiliation of cameras airing his arrest. The show engenders conflicting responses: Did the show fulfill a public service by informing the public about real dangers and deterring potential predators, or was it an insensitive effort to garner ratings by taking advantage of human weaknesses? Is the sort of public shaming it imposes an appropriate form of punishment given the legitimate purposes of punishment? Did the show portray justice, or did it entrap victims? How did NBC’s working relationship with local police bear on the answer to that question? This paper addresses these questions and develops three objections to the show: that NBC in effect metes out unjust punishment; that it invades privacy; and that it entraps. (shrink)

This paper points to some limitations of law and economics as both an explanative and a normative theory. In explaining law as the result of efficiency promoting decisions, law and economics theorists often dismiss the reasons actors in the legal system give for their behavior. Recognizing that sometimes actors may be unaware of why institutions evolve as they do, I argue that the case for dismissing reasons for action is weaker when those reasons make reference to rules of practices that (...) constitute the meaning of actions within those practices, or when they have otherwise been given well-considered defenses. In criticizing law and economics as a normative theory, I acknowledge that economic considerations are often important in deciding how to act in the personal sphere and how government should allocate its scarce resources. I argue that while the use of institutions to promote our ideals forces us to take their costs into account, it is a mistake to infer from this that the question of determining social policy is a purely economic problem, and that we should acknowledge the non-utilitarian moral ideals our law and practices promote. This is the basis of both an internal criticism--law and economics theorists have not sufficiently evaluated and weighed the value of fairness and other ideals in their utility calculations--and an external criticism-- these ideals are important in ways that can not be measured in utiles. (shrink)

Reviews the history of the death penalty, traditional arguments for and against it, the contemporary debate including debates over whether it effectively deters, its constitutionality, and international trends in its use.

Evaluates a criticism based on privacy and other ethical grounds of Bond's study using 61 million persons on Facebook to determine whether political mobilization messages shared on social media can influence voting behavior.

This brief entry discusses the distinction between ethics, law, and morality.

New technologies of surveillance such as Global Positioning Systems (GPS) are increasingly used as convenient substitutes for conventional means of observation. Recent court decisions hold that the government may, without a warrant, use a GPS to track a vehicle’s movements in public places without violating the 4th Amendment, as the vehicle is in plain view and no reasonable expectation of privacy is violated. This emerging consensus of opinions fails to distinguish the unreasonable expectation that we not be seen in public, (...) from the reasonable expectation that we not be followed. Drawing on a critical discussion of the plain view doctrine, analysis of privacy interests in public places, and distinguishing privacy from property interests, the article contends that government use of GPS to track our movements should require a warrant. (shrink)

In the Phenomenology Hegel insists there are no presupposed standards of truth: standards are internal. "Consciousness provides its own criterion from within itself, so that the investigation becomes a comparison of consciousness with itself"(PhdG 84). We need only contemplate "the matter in hand as it is in and for itself"(PhdG 84). The Phenomenology is a characterisation of consciousness taking on increasingly adequate forms, testing its own internal standards against experience. The Philosophy of Right is a search for right, not, as (...) in the Phenomenology, for the reality of cognition; but one of the methods Hegel adopts and which helps make sense of the structure of Philosophy of Right is the method he uses in the Phenomenology. This paper offers an alternative, though not necessarily conflicting, interpretation to that given in recent accounts of Philosophy of Right that emphasize its "logical spirit." While the phenomenological account is not necessarily incompatible with these others, it will point to a nonfoundational interpretation of Hegel's phenomenological method that is. (shrink)

The given is the state of a mind in its primary engagement with the world. A satisfactory epistemology—one, it turns out, that is foundationalist and includes a naïve realist view of perception—requires a certain account of the given. Moreover, knowledge based on the given requires both a particular view of the world itself and a heterodox account of judgment. These admittedly controversial claims are supported by basic ontological considerations. I begin, then, with two contradictory views of the world per se (...) and the structure one experiences. I draw out the consequences of these two views for what intentionality is. The two views yield incompatible accounts of the given. The definitive spontaneity of the one account, and passivity of the other, can be understood in terms of the structure (or lack thereof) in the given. In defense of the claim that a structured given is not an apt epistemic basis, I examine an attempt to found an epistemology on such an account in light of the so-called myth of the given. I maintain that the given, if it is to provide some justification for taking the world to be a particular way, must be unstructured. To support this, I first discuss a significant problem with traditional foundationalism. I then argue that a satisfactory (foundationalist) epistemology requires the rejection of the orthodox propositional view of judgment in favor of a non-propositional, reistic view. (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)

With the present paper I maintain that the group field theory (GFT) approach to quantum gravity can help us clarify and distinguish the problems of spacetime emergence from the questions about the nature of the quanta of space. I will show that the mechanism of phase transition suggests a form of indifference between scales (or phases) and that such an indifference allows us to black-box questions about the nature of the ontology of the fundamental levels of the theory. I consider (...) the GFT approach to quantum gravity which derives spacetime as an emergent property from abstract non-geometrical tetrahedra through a processes of phase transition. Because the physical interpretation of the tetrahedra is problematic in view of their (non)-spatiotemporal nature, I will apply the considerations about phase transitions to GFT and conclude that the fundamental ontology of the theory and the mechanism of spacetime emergence can and should be treated separately. (shrink)

The terms ‘compatibilism’ and ‘incompatibilism’ were introduced in the mid-20th century to name conflicting views about the logical relationship between the thesis of determinism and the thesis that someone has free will. These technical terms were originally introduced within a specific research paradigm, the classical analytic paradigm. This paradigm is now in its final stages of degeneration and few free-will theorists still work within it (i.e. using its methods, granting its substantive background assumptions, etc.). This chapter discusses how the ambiguity (...) of the terms ‘incompatibilism’ and ‘compatibilism’ took root and why it matters to the contempory debate. I explain why the ambiguity of these anachronistic terms, though relatively innocuous when they were first introduced, is now encouraging theorists to tolerate and perpetuate serious philosophical errors (e.g. to conflate relations as different in kind and importance as correlation and causation, to knowingly promote invalid arguments, and to equivoate on jargon in ways that keep the free-will debate mired in psuedo-stalemates). I also suggest a new paradigm for anyone looking for relief from the confusion and deadlock created by the use of inadequate classical narratives and jargon. -/- A selection from the publication is available to download here. For full version, please gmail me, username: kristin.mickelson.42 -/- . (shrink)

*As mentioned in Peter Coy's NYT essay "When Being Good Is Just a Matter of Being Lucky" (2023) -/- ----- -/- How is the problem of free will related to the problem of moral luck? In this essay, I answer that question and outline a new solution to the paradox of moral luck, the source-paradox solution. This solution both explains why the paradox arises and why moral luck does not exist. To make my case, I highlight a few key connections (...) between the paradox of moral luck and two related problems, namely the problem of free will and determinism and the paradox of self-creation. Piecing together intuitions, arguments, and insights from recent work on each of these three problems, I argue that the type of control necessary for moral responsibility can only be had by someone who is a genuine source of his own actions, but the relevant notion of sourcehood admits no coherent characterization. If our commonsense view of moral responsibility is incoherent, it is unsurprising that our commitment to the existence of morally responsible agents commits us to some paradoxical things—e.g. to both the existence and impossibility of moral luck. For more information about this article, please write to gmail account: kristin.mickelson.42. (shrink)

Many say that ontological disputes are defective because they are unimportant or without substance. In this paper, we defend ontological disputes from the charge, with a special focus on disputes over the existence of composite objects. Disputes over the existence of composite objects, we argue, have a number of substantive implications across a variety of topics in metaphysics, science, philosophical theology, philosophy of mind, and ethics. Since the disputes over the existence of composite objects have these substantive implications, they are (...) themselves substantive. (shrink)

This paper develops and explores a new framework for theorizing about the measurement and aggregation of well-being. It is a qualitative variation on the framework of social welfare functionals developed by Amartya Sen. In Sen’s framework, a social or overall betterness ordering is assigned to each profile of real-valued utility functions. In the qualitative framework developed here, numerical utilities are replaced by the properties they are supposed to represent. This makes it possible to characterize the measurability and interpersonal comparability of (...) well-being directly, without the use of invariance conditions, and to distinguish between real changes in well-being and merely representational changes in the unit of measurement. The qualitative framework is shown to have important implications for a range of issues in axiology and social choice theory, including the characterization of welfarism, axiomatic derivations of utilitarianism, the meaningfulness of prioritarianism, the informational requirements of variable-population ethics, the impossibility theorems of Arrow and others, and the metaphysics of value. (shrink)

Atheists are frequently demonized as arrogant intellectuals, antagonistic to religion, devoid of moral sentiments, advocates of an "anything goes" lifestyle. Now, in this revealing volume, nineteen leading philosophers open a window on the inner life of atheism, shattering these common stereotypes as they reveal how they came to turn away from religious belief. These highly engaging personal essays capture the marvelous diversity to be found among atheists, providing a portrait that will surprise most readers. Many of the authors, for example, (...) express great affection for particular religious traditions, even as they explain why they cannot, in good conscience, embrace them. None of the contributors dismiss religious belief as stupid or primitive, and several even express regret that they cannot, or can no longer, believe. Perhaps more important, in these reflective pieces, they offer fresh insight into some of the oldest and most difficult problems facing the human mind and spirit. For instance, if God is dead, is everything permitted? Philosophers without Gods demonstrates convincingly, with arguments that date back to Plato, that morality is independent of the existence of God. Indeed, every writer in this volume adamantly affirms the objectivity of right and wrong. Moreover, they contend that secular life can provide rewards as great and as rich as religious life. A naturalistic understanding of the human condition presents a set of challenges--to pursue our goals without illusions, to act morally without hope of reward--challenges that can impart a lasting value to finite and fragile human lives. Collectively, these essays highlight the richness of atheistic belief--not only as a valid alternative to religion, but as a profoundly fulfilling and moral way of life. "This Atheists R Us compilation differs markedly in tone from Hitchens and Dawkins. Excellent fare for Christian small groups whose members are genuinely interested in the arguments raised by atheists." --Christianity Today "Readable, personal, and provocative.... Contrary to the popular image, atheism isn't all rebellious trumpets and defiant drums.... Here we have all the varieties of unreligious experience, a full symphony of unbelief." --Free Inquiry "Compelling and sophisticated arguments that religious people ought to confront." --Tikkun. (shrink)

Shared intention normally leads to joint action. It does this, it is commonly said, only because it is a characteristically stable phenomenon, a phenomenon that tends to persist from the time it is formed until the time it is fulfilled. However, the issue of what the stability of shared intention comes down to remains largely undertheorized. My aim in this paper is to remedy this shortcoming. I argue that shared intention is a source of moral and epistemic reasons, that responsiveness (...) to such reasons on the part of each individual reinforces her own relevant attitudes, and that this enhances the stability of the shared intention as a whole. We thus discover an important self-reinforcing and stability-enhancing mechanism at the heart of shared intention and action. It follows from this proposal that the psychological commitment that an individual exhibits in joint action is normally a function not only of her own participatory intention, as often maintained, but also of her endorsement of the reasons created by her group’s shared intention to so act. (shrink)

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)

Many take Kantian ethics to founder when it comes to our duties to animals. In this paper, I advocate a novel approach to this problem. The paper is divided into three sections. In the first, I canvass various passages from Kant in order to set up the problem. In the second, I introduce a novel approach to this problem. In the third, I defend my approach from various objections. By way of preview: I advocate rejecting the premise that nonhuman animals (...) are nonrational. (shrink)

In much of the current academic and public discussion, conspiracy theories are portrayed as a negative phenomenon, linked to misinformation, mistrust in experts and institutions, and political propaganda. Rather surprisingly, however, philosophers working on this topic have been reluctant to incorporate a negatively evaluative aspect when either analyzing or engineering the concept conspiracy theory. In this paper, we present empirical data on the nature of the concept conspiracy theory from five studies designed to test the existence, prevalence and exact form (...) of an evaluative dimension to the ordinary concept conspiracy theory. These results reveal that, while there is a descriptive concept of conspiracy theory, the predominant use of conspiracy theory is deeply evaluative, encoding information about epistemic deficiency and often also derogatory and disparaging information. On the basis of these results, we present a new strategy for engineering conspiracy theory to promote theoretical investigations and institutional discussions of this phenomenon. We argue for engineering conspiracy theory to encode an epistemic evaluation, and to introduce a descriptive expression—such as ‘conspiratorial explanation’—to refer to the purely descriptive concept conspiracy theory. (shrink)

It is commonplace in discussions of modern cosmology to assert that the early universe began in a special state. Conventionally, cosmologists characterize this fine-tuning in terms of the horizon and flatness problems. I argue that the fine-tuning is real, but these problems aren't the best way to think about it: causal disconnection of separated regions isn't the real problem, and flatness isn't a problem at all. Fine-tuning is better understood in terms of a measure on the space of trajectories: given (...) reasonable conditions in the late universe, the fraction of cosmological histories that were smooth at early times is incredibly tiny. This discussion helps clarify what is required by a complete theory of cosmological initial conditions. (shrink)

This article proposes an alternative approach to social epistemology – a comprehensive approach. It argues that the dominant approaches to social epistemology, which it identifies as communitarian and veritistic, are inadequate. It observes that the nature of the emphasis that the communitarian approach places on the epistemic community foster mindless tolerance in epistemology, which makes the pursuit of the cognitive goal of truth difficult to attain. It also observes that the veritistic approach that seeks to refocus social epistemology on the (...) pursuit of the cognitive goal of obtaining truth does this at the expense of the affective goals of social epistemology. To overcome the inadequacies of the communitarian and the veritistic approaches and to ensure that social epistemology effectively pursues its cognitive and affective goals, this article offers the comprehensive approach. This approach absorbs the virtues of the communitarian and the veritistic approaches while avoiding their errors. Hence, it thrives on a view of truth that posits an objective and a subjective dimension of truth. The objective dimension ensures that the community only fosters and never impedes social epistemological projects such that social epistemology continues to pursue the cognitive goal of truth. The subjective dimension guarantees that the concern for truth does not lead to the neglect or abandonment of the pursuit of the affective goals of social epistemology. The rationale behind this approach is that for social epistemological projects and practices to remain truly epistemological and social, they must always take into consideration the cognitive and affective features of knowledge and knowers. (shrink)

A remarkable feature of the philosophical work on conspiracy theory theory has been that most philosophers agree there is nothing inherently problematic about conspiracy theories (AKA the thesis of particularism). Recent work, however, has challenged this consensus view, arguing that there really is something epistemically wrong with conspiracy theorising (AKA generalism). Are particularism and generalism incompatible? By looking at just how much particularists and generalists might have to give away to make their theoretical viewpoints compatible, I will argue that particularists (...) can accept many of the concerns that motivate generalism because generalism can never be about ‘all’ conspiracy theories without being either ahistorical or apolitical. In the end generalist critiques are best seen as useful guidelines or considerations for the appraising of particular conspiracy theories. (shrink)

Ian Hacking’s wide-ranging and penetrating analysis of science contains two well-developed lines of thought. The first emphasizes the contingent history of our inquiries into nature, focusing on the various ways in which our concepts and styles of reasoning evolve through time, how their current application is constrained by the conditions under which they arose, and how they might have evolved differently. The second is the mistrust of the idea that the world contains mind-independent natural kinds, preferring nominalism to ‘inherent structurism’. (...) These two pillars of thought seem at first to be mutually reinforcing: the lack of natural structure can help make sense of scientific variability and revision, while variability and revision provide reason to suspect that natural structure is little more than idealization. In what follows, I argue that these two pillars not only fail to support each other, but in fact conflict. One of them must fall, and it is clear which. (shrink)

What are conspiracy theories? And what, if anything, is epistemically wrong with them? I offer an account on which conspiracy theories are a unique way of holding a belief in a conspiracy. Specifically, I take conspiracy theories to be self-insulating beliefs in conspiracies. On this view, conspiracy theorists have their conspiratorial beliefs in a way that is immune to revision by counter-evidence. I argue that conspiracy theories are always irrational. Although conspiracy theories involve an expectation to encounter some seemingly disconfirming (...) evidence (allegedly planted by the conspirators), resistance to all counter- evidence cannot be justified on these grounds. (shrink)

In Michel de Certeau’s Invention of the Everyday, improvisational community dance function as a catalyst for the subversive art of the oppressed, via its ancient Greek virtue/power of mētis, being “foxlike.” And in de Certeau’s The Possession of Loudun, this foxlike dance moves to the stage, as an improv chorus that disrupts the events at Loudon when reimagined as a tetralogy of plays at City Dionysia. More precisely, Loudun’s tetralogy could be interpreted as a series of three tragedies and one (...) comedy, the latter of which involves the chorine nuns’ channeling of anomie into a proto-feminist transfiguration. More precisely, the tactical prowess of the nuns’ chorus leader, namely the prioress Jeanne des Anges, elevates her to the status of an angelic prophet, which in de Certeau’s theatrical dancing critique makes her the Loudun tetralogy’s Dionysian, foxlike mage. In conclusion, this analysis suggests de Certeau’s relevance for revolutionary social justice today. (shrink)

Conspiracy theories and conspiracy theorists have been accused of a great many sins, but are the conspiracy theories conspiracy theorists believe epistemically problematic? Well, according to some recent work, yes, they are. Yet a number of other philosophers like Brian L. Keeley, Charles Pigden, Kurtis Hagen, Lee Basham, and the like have argued ‘No!’ I will argue that there are features of certain conspiracy theories which license suspicion of such theories. I will also argue that these features only license a (...) limited suspicion of these conspiracy theories, and thus we need to be careful about generalising from such suspicions to a view of the warrant of conspiracy theories more generally. To understand why, we need to get to the bottom of what exactly makes us suspicious of certain conspiracy theories, and how being suspicious of a conspiracy theory does not always tell us anything about how likely the theory in question is to be false. (shrink)

In “The Zygote Argument is Invalid: Now What?” (2015), Kristin Mickelson published an objection to the Zygote Argument that she first presented in 2012 as workshop comments on a draft of Mele's "Manipulation, Moral Responsibility, and Bullet-Biting" (2013). Assuming that the phrase "determinism precludes free will" means something like determinism-related causal factors are what prevent people from acting freely when determinism is true, Mele's original Zygote Argument was invalid. At the workshop, Mickelson presented Mele with two options to address the (...) problem, a premise-preserving option and a conclusion-preserving option. That is, Mele could change the conclusion of the original argument to the negative, non-explanatory thesis entailed by its original two premises, or find a way to add premises that would support the positive, explanatory conclusion of the original argument (which, notably, is the conclusion that Pereboom supports using best-explanation reasoning in his Four-Case Argument). Mickelson used this as an opportunity to explain the key contribution that best-explanation reasoning makes to manipulation arguments -- and why the best variant of the manipulation argument might conclude that incompatibilism is FALSE. IN RESPONSE to Mickelson's objection, Mele changed the conclusion of the argument before "Manipulation, Moral Responsibility, and Bullet-Biting" went to print, choosing Mickelson's proposal to change its conclusion over the suggestion to change its premises. However, Mele failed to mention Mickelson's invalidity objection in print and that he changed the conclusion of his argument as a direct response to it; nor did Mele mention the costs that Mickelson outlined for the premise-preserving solution that he adopted or the benefits of a conclusion-preserving solution. At the same time, Mele began using the term 'incompatibilism' to pick out the negative, non-explanatory claim supported by the newly revised Zygote Argument--and also started to claim (without providing evidence) that those who use the term 'incompatibilism' to denote the explanatory claim deterministic causal factors *make it the case* that no one acts freely when determinism is true" is guilty of using the term in a nonstandard and nontraditional way that he had "never had any use for"--failing to mention that he clearly used the term in this explanatory sense in his 2005 critique of the Four-Case Argument, which is to be expected give that Derk Pereboom uses the explanatory definition (as do Kadri Vihvelin, Carolina Sartorio, and *most* other contributors to the free-will literature). In THIS reply essay, Mickelson responds to an attempt by Gabriel De Marco (FSU, advisor Alfred Mele) to defend the original Zygote Argument from Mickelson's 2012/2015 critique. Unfortunately, both of De Marco's proposed "solutions" are non-starters. The first is a non-starter because De Marco merely repeats the premise-preserving solution that Mickelson offered to Mele in 2012 and that Mele adopted in print in 2013. In other words, De Marco took credit for the premise-preserving solution to the invalidity objection that Mickelson developed (although he does *redescribe* Mickelson's solution in his own idiosyncratic jargon) and Mele had already adopted in print. De Marco's second solution is a non-starter because it is constituted by a patently invalid argument. Contrary to De Marco's proposal, it's not true that the conjunction of possibilism and incompossibilism deductively entails the positive, diagnostic claim that deterministic causal factors beyond one's control precludes (destroys, undermines, is antagonistically relevant to) free will when determinism is true. *My thanks to the editors of Philosophia for publishing this reply when PhilStudies would not. (shrink)

Recent literature on Christian nationalism by sociologists of religion in the United States identifies a perceived novel phenomenon: the fusion of authoritarian governmental forms with Christianity. However, the socio-historical origin of this international trend has been left relatively unexplored. Therefore, the goal of this chapter is to create a single international account that lends itself to future comparative theoretical frameworks and analyses through the term "Christofascism." -/- The chapter can also be accessed on google books at the link included in (...) the description. Finally, order the book on Routledge's website, also linked in the description. (shrink)

The problem of evil is broadly considered to be one of the greatest intellectual threats to traditional brands of theism. And William Rowe’s 1979 formulation of the problem in “The Problem of Evil and Some Varieties of Atheism” is the most cited formulation in the contemporary philosophical literature. In this paper, we explore how the tools and resources of experimental philosophy might be brought to bear on Rowe’s seminal formulation, arguing that our empirical findings raise significant questions regarding the ultimate (...) success of Rowe’s argument. Such a result would be quite notable within philosophy of religion, since this is considered one of the most formidable arguments against theism. However, further testing is needed before any firm conclusions can be drawn. -/- In section 1, we elucidate Rowe’s formulation of the problem of evil and the intuitions that seem to underwrite it. In section 2, we explore how the tools and resources of experimental philosophy might be brought to bear on Rowe’s formulation, outlining our hypotheses and our methods for testing them before showcasing our results. In section 3, we discuss the philosophical import of our results–arguing that our results, when taken together, pose an initial challenge to Rowe’s seminal argument. (shrink)

Looking at the recent spate of claims about “fake news” which appear to be a new feature of political discourse, I argue that fake news presents an interesting problem in epistemology. Te phenomena of fake news trades upon tolerating a certain indiference towards truth, which is sometimes expressed insincerely by political actors. Tis indiference and insincerity, I argue, has been allowed to fourish due to the way in which we have set the terms of the “public” epistemology that maintains what (...) is considered “rational” public discourse. I argue one potential salve to the problem of fake news is to challenge this public epistemology by injecting a certain ethical consideration back into the discourse. (shrink)

This essay defends the controversial and indeed counterintuitive claim that there is a good argument to be made from a Lockean perspective for government action to guarantee access to health care. The essay maintains that this argument is in some regards more robust than the well-known argument in defense of universal health care spelled out by Norman Daniels, which this essay also examines in some detail. Locke's view that government should protect people's lives, property, and freedom–where freedom is understood as (...) independence and self-determination–justifies government action to ensure access to health care, because (roughly), just as individuals cannot protect themselves from crime and foreign invasion, so individuals are unable to provide for their own health care. Defense from disease is as important as defense from crime, and–although this is arguable–government action to guarantee access to health care does not itself undermine freedom. (shrink)

Conspiracy theories are often portrayed as unwarranted beliefs, typically supported by suspicious kinds of evidence. Yet contemporary work in Philosophy argues provisional belief in conspiracy theories is—at the very—least understandable (because conspiracies occur) and if we take an evidential approach—judging individual conspiracy theories on their particular merits—belief in such theories turns out to be warranted in a range of cases. Drawing on this work, I examine the kinds of evidence typically associated with conspiracy theories, showing that the evidential problems typically (...) associated with conspiracy theories are not unique to such theories. As such, if there is a problem with the conspiracy theorist’s use of evidence, it is one of principle: is the principle which guides their use of evidence somehow in error? I argue that whatever we might think about conspiracy theories generally, there is no prima facie case for a scepticism of conspiracy theories based purely on their use of evidence. (shrink)