I argue that there is moral luck, i.e., that factors beyond our control can affect how laudable or culpable we are.

The Counterfactual Comparative Account of Harm says that an event is overall harmful for someone if and only if it makes her worse off than she otherwise would have been. I defend this account from two common objections.

Many philosophers think that an agent punishes a subject only if the agent aims to harm the subject. Bill Wringe has recently argued against this claim. I show that his arguments fail.

Some philosophers think that the challenge of justifying punishment can be met by a theory that emphasizes the expressive character of punishment. A particular type of theories of this sort - call it Expressive Retributivism [ER] - combines retributivist and expressivist considerations. These theories are retributivist since they justify punishment as an intrinsically appropriate response to wrongdoing, as something wrongdoers deserve, but the expressivist element in these theories seeks to correct for the traditional obscurity of retributivism. Retributivists often rely on (...) appeals to controversial intuitions involving obscure concepts. While retributive intuitions can be compelling, some worry that the justificatory challenge cannot be met merely by appealing to them. ER tries to enhance the clarity and justificatory power of these intuitions and the concepts they invoke by appealing to an expressive conception of punishment. I argue that these theories fail to justify punishment and that there is reason to think that they cannot, in principle, justify punishment. (shrink)

Many philosophers think that punishment is intentionally harmful and that this makes it especially hard to morally justify. Explanations for the latter intuition often say questionable things about the moral significance of the intent to harm. I argue that there’s a better way to explain this intuition.

Peter van Inwagen proposes a criterion of philosophical success. He takes it to support an extremely pessimistic view about philosophy. He thinks that all philosophical arguments for substantive conclusions fail, including the argument from evil. I’m more optimistic on both counts. I’ll identify problems with van Inwagen’s criterion and propose an alternative. I’ll then explore the differing implications of our criteria. On my view, philosophical arguments can succeed and the argument from evil isn’t obviously a failure.

I criticize an increasingly popular set of arguments for the justifiability of punishment. Some philosophers try to justify punishment by appealing to what Peter Strawson calls the reactive attitudes – emotions like resentment, indignation, remorse and guilt. These arguments fail. The view that these emotions commit us to punishment rests on unsophisticated views of punishment and of these emotions and their associated behaviors. I offer more sophisticated accounts of punishment, of these emotions and of their associated behaviors that are consistent (...) with Abolitionism, the view that punishment is unjustified. (shrink)

Recently, Michael Huemer has defended the Principle of Phenomenal Conservatism: If it seems to S that p, then, in the absence of defeaters, S thereby has at least some degree of justification for believing that p. This principle has potentially far-reaching implications. Huemer uses it to argue against skepticism and to defend a version of ethical intuitionism. I employ a reductio to show that PC is false. If PC is true, beliefs can yield justification for believing their contents in cases (...) where, intuitively, they should not be able to do so. I argue that there are cases where a belief that p can behave like an appearance that p and thereby make it seem to one that p. (shrink)

I argue that contemporary liberal theory cannot give a general justification for the institution or practice of punishment, i.e., a justification that would hold across a broad range of reasonably realistic conditions. I examine the general justifications offered by three prominent contemporary liberal theorists and show how their justifications fail in light of the possibility of an alternative to punishment. I argue that, because of their common commitments regarding the nature of justification, these theorists have decisive reasons to reject punishment (...) in favor of a non-punitive alternative. I demonstrate the possibility of this alternative by means of a careful examination of the nature of punishment, isolating one essential characteristic—the aim to impose suffering—and showing how this characteristic need not guide enforcement. There is logical space for a forceful and coercive, yet non-punitive method of enforcement. This fact poses difficulties for many classical and contemporary justifications of punishment, but it poses particularly crippling problems for general liberal justifications. (shrink)

I argue that legal punishment is morally wrong because it’s too morally risky. I first briefly explain how my argument differs from similar ones in the philosophical literature on legal punishment. Then I explain why legal punishment is morally risky, argue that it’s too morally risky, and discuss objections. In a nutshell, my argument goes as follows. Legal punishment is wrong because we can never sufficiently reduce the risk of doing wrong when we legally punish people. We can never sufficiently (...) reduce this risk because wrongful punishment is much worse than wrongful non-punishment and because punishment’s permissibility depends on the answers to a variety of difficult philosophical questions about which we’re fallible. (shrink)

I propose an alternative interpretation of the Crito. The arguments that are typically taken to be Socrates’ primary arguments against escape are actually supplementary arguments that rely on what I call the Superiority Thesis, the thesis that the state and its citizens are members of a moral hierarchy where those below are tied by bonds of obligation to those above. I provide evidence that Socrates holds this thesis, demonstrate how it resolves a number of apparent difficulties and show why my (...) interpretation is preferable to competing interpretations. (shrink)

I argue that voting abstention may be obligatory under certain non-trivial conditions. Following recent work on voting ethics, I argue that the obligation to abstain under certain conditions follows from a duty not to vote badly. Whether one votes badly, however, turns on more than one's reasons for wanting a particular candidate elected or policy implemented. On my account, one's reasons for voting at all also matter, and one can be in a position where there is no way to exercise (...) one's right to vote well. Seriously unfair electoral processes may put one in such a position. Such processes arguably hold in some contemporary western democracies, including the US. (shrink)

Many philosophers think that, when someone deserves something, it’s intrinsically good that she get it or there’s a non-instrumental reason to give it to her. Retributivists who try to justify punishment by appealing to claims about what people deserve typically assume this view or views that entail it. In this paper, I present evidence that many people have intuitions that are inconsistent with this view. And I argue that this poses a serious challenge to retributivist arguments that appeal to desert.

This paper continues a debate about the following claim: an agent punishes someone only if she aims to harm him. In a series of papers, Bill Wringe argues that this claim is false, I criticize his arguments, and he replies. Here, I argue that his reply fails.

I’ll raise a problem for Retributivism, the view that legal punishment is justified on the basis of desert. I’ll focus primarily on Mitchell Berman’s recent defense of the view. He gives one of the most sophisticated and careful statements of it. And his argument is representative, so the problem I’ll raise for it will apply to other versions of Retributivism. His insights about justification also help to make the problem particularly obvious. I’ll also show how the problem extends to non-retributive (...) justifications of punishment. I’ll argue that Berman’s argument makes a questionable assumption about the standard of justification that justifications of punishment must meet to be successful. If we think about what it takes to justify punishment and reflect on the intuitions that retributivists appeal to, it turns out that the intuitions aren’t obviously up to the task. (shrink)

According to deterrence justifications of legal punishment, legal punishment is justified at least in part because it deters offenses. These justifications rely on important empirical assumptions, e.g., that non-punitive enforcement can't deter or that it can't deter enough. I’ll challenge these assumptions and argue that extant deterrence justifications of legal punishment fail. In the process, I examine contemporary deterrence research and argue that it provides no support for these justifications.

Many philosophers claim that it is always intrinsically good when people get what they deserve and that there is always at least some reason to give people what they deserve. I highlight problems with this view and defend an alternative. I have two aims. First, I want to expose a gap in certain desert-based justifications of punishment. Second, I want to show that those of us who have intuitions at odds with these justifications have an alternative account of desert at (...) our disposal – one that may lend our intuitions more credibility. (shrink)

Some philosophers defend legal punishment by appealing to a natural right to punish wrongdoers, a right people would have in a state of nature. Many of these philosophers argue that legal punishment can be justified by transferring this right to the state. I’ll argue that such a right may not be transferrable to the state because such a right may not survive the transition out of anarchy. A compelling reason for the natural right claim – that in a state of (...) nature there are few if any viable non-punitive enforcement options – isn’t obviously true in state contexts. (shrink)

An often-overlooked characteristic of the human mind is its propensity to wander. Despite growing interest in the science of mind-wandering, most studies operationalize mind-wandering by its task-unrelated contents. But these contents may be orthogonal to the processes that determine how thoughts unfold over time, remaining stable or wandering from one topic to another. In this chapter, we emphasize the importance of incorporating such processes into current definitions of mind-wandering, and propose that mind-wandering and other forms of spontaneous thought (such as (...) dreaming and creativity) are mental states that arise and transition relatively freely due to an absence of constraints on cognition. We review existing psychological, philosophical and neuroscientific research on spontaneous thought through the lens of this framework, and call for additional research into the dynamic properties of the mind and brain. (shrink)

Nathan Hanna has recently addressed a claim central to my 2013 article ‘Must Punishment Be Intended to Cause Suffering’ and to the second chapter of my 2016 book An Expressive Theory of Punishment: namely, that punishment need not involve an intention to cause suffering. -/- Hanna defends what he calls the ‘Aim To Harm Requirement’ (AHR), which he formulates as follows. AHR: ‘an agent punishes a subject only if the agent intends to harm the subject’ (Hanna (...) 2017 p969). I’ll try to show in this note that Hanna’s latest attempts to defend AHR fail. I’ll start by setting out my own view, drawing attention to one significant, but perhaps understandable, misstatement of Hanna’s. I’ll then discuss two alleged counter-examples that Hanna presents to my view, and show that they both fail in their own terms. I’ll also argue that, given assumptions that Hanna is willing to make a scenario closely related to one that Hanna presents counts against AHR. I’ll then discuss how significant it would be if these counter-examples were successful. My view is that it wouldn’t matter much, and that anyone attracted to abolitionism should agree. I’ll conclude with a brief discussion of Hart, which may be of interest to enthusiasts and Hart scholars. (shrink)

Discussions of political obligation and political authority have long focused on the idea that the commands of genuine authorities constitute content-independent reasons. Despite its centrality in these debates, the notion of content-independence is unclear and controversial, with some claiming that it is incoherent, useless, or increasingly irrelevant. I clarify content-independence by focusing on how reasons can depend on features of their source or container. I then solve the long-standing puzzle of whether the fact that laws can constitute content-independent reasons is (...) consistent with the fact that some laws must fail to bind due to their egregiously unjust content. Finally I defend my understanding of content-independence against challenges and show why it retains a place of special importance for questions about the law and political obligation. Content-independence highlights that it is some feature of the law or law-making process in general that is supposed to generate moral obligations for citizens, not the merits of particular laws. (shrink)

A new philosophical analysis is provided of the notorious Sleeping Beauty Problem. It is argued that the correct solution is one-third, but not in the way previous philosophers have typically meant this. A modified version of the Problem demonstrates that neither self-locating information nor amnesia is relevant to the core Problem, which is simply to evaluate the conditional chance of heads given an undated Monday-or-Tuesday awakening. Previous commentators have failed to appreciate the significance of the information that Beauty gains upon (...) waking, and which is relevant to the conditional chance of heads: de re acquaintance with the awakening itself and the non-locating knowledge that it is an experimental awakening. David Lewis and company are committed to several unjustifiable and unacceptable probability assessments. Previous commentators have in effect confused the information that Beauty undergoes this particular experimental awakening for the information that she undergoes some experimental awakening or other. Lewis in particular thereby illegitimately tips the scales both in favor of heads and in favor of Monday. The Sleeping Beauty Problem is equivalent to a ball-in-urn word problem in elementary probability theory. (shrink)

What are we going to do about ChatGPT? Some philosophical reflections and arguments in general opposition to students using ChatGPT.

Nathan Salmon; XII*—How to Measure the Standard Metre, Proceedings of the Aristotelian Society, Volume 88, Issue 1, 1 June 1988, Pages 193–218.

An observation of Hume’s has received a lot of attention over the last decade and a half: Although we can standardly imagine the most implausible scenarios, we encounter resistance when imagining propositions at odds with established moral (or perhaps more generally evaluative) convictions. The literature is ripe with ‘solutions’ to this so-called ‘Puzzle of Imaginative Resistance’. Few, however, question the plausibility of the empirical assumption at the heart of the puzzle. In this paper, we explore empirically whether the difficulty we (...) witness in imagining certain propositions is indeed due to claim type (evaluative v. non-evaluative) or whether it is much rather driven by mundane features of content. Our findings suggest that claim type plays but a marginal role, and that there might hence not be much of a ‘puzzle’ to be solved. (shrink)

The topic is time travel of the sort depicted in H. G. Wells’ classic novel, The Time Machine—Wellsian time travel. The range of proper applicability of the concept of Wellsian time travel is investigated. The results of this investigation are applied to provide a new argument against the metaphysical possibility of time travel in absolute time. Alternatively, the argument is against the possibility of Wellsian time travel relative to a single temporal frame of reference. The argument leaves open the prospect (...) that an object nontrivially moves relative to one temporal reference frame from one time to another relative to another temporal reference frame. The argument does not turn on closed timelike curves or “causal loops” of any kind. It does however invoke the prospect of backward causation—a consequence of backward time travel in conjunction with common sense—but it invokes this possibility only in the weak sense of mere logical consistency. (shrink)

The dogma that the propositional logic of metaphysical modality is S5 is rebutted. The author exposes fallacies in standard arguments supporting S5, arguing that propositional metaphysical modal logic is weaker even than both S4 and B, and is instead the minimal and weak metaphysical-modal logic T.

An expanded version of the author’s candid, autobiographical “My Philosophical Education”.

I defend the widely-held view that morally worthy action need not be motivated by a desire to promote rightness as such. Some have recently come to reject this view, arguing that desires for rightness as such are necessary for avoiding a certain kind of luck thought incompatible with morally worthy action. I show that those who defend desires for rightness as such on the basis of this argument misunderstand the relationship between moral worth and the kind of luck that their (...) argument employs. Consequently, the argument provides no reason to doubt the popular view that a desire for rightness as such is no part of virtue. I conclude by suggesting that a family of worries about merely accidentally right action presuppose one side of the recent debate about objectivism and perspectivism about moral rightness. (shrink)

An argument for pro-choice advocates engaging the ethical arguments about abortion, and more. Public philosophy on abortion and the value of philosophy. With Jonathan Dudley, MD.

Epistemic trespassers judge matters outside their field of expertise. Trespassing is ubiquitous in this age of interdisciplinary research and recognizing this will require us to be more intellectually modest.

A puzzle concerning fractional and mixed numbers of things (e.g., two and a half oranges) is examined.

We offer an original argument for the existence of universal fictions—that is, fictions within which every possible proposition is true. Specifically, we detail a trio of such fictions, along with an easy-to-follow recipe for generating more. After exploring several consequences and dismissing some objections, we conclude that fiction, unlike reality, is unlimited when it comes to truth.

Rather infamously, Kit Fine provided a series of counter-examples which purport to show that the modalist program of analysing essence in terms of metaphysical necessity is fundamentally misguided. Several would-be modalists have since responded, attempting to save the position from this Finean Challenge. This paper evaluates and rejects a trio of such responses, from Della Rocca, Zalta, and Gorman. But I’m not here arguing for Fine’s conclusion – ultimately, this is a fight amongst friends, with Della Rocca, Zalta, Gorman, and (...) I all wanting to be modalists, but disagreeing on the details. As such, while my primary aim is to show what’s wrong with this trio, the secondary aim is demonstrating how what’s right about them in fact pushes one towards my own sparse modalist account. So while the primary conclusion of this paper is negative, the secondary, positive, conclusion is that modalists shouldn’t give up hope – plausible responses to Fine are still out there. (shrink)

Standard compositionality is the doctrine that the semantic content of a compound expression is a function of the semantic contents of the contentful component expressions. In 1954 Hilary Putnam proposed that standard compositionality be replaced by a stricter version according to which even sentences that are synonymously isomorphic (in the sense of Alonzo Church) are not strictly synonymous unless they have the same logical form. On Putnam’s proposal, the semantic content of a compound expression is a function of: (i) the (...) contentful component expressions; and (ii) the expression’s logical form. Kit Fine recently expanded and modified Putnam’s idea into a sweeping theory in philosophy of language and philosophy of mind. The present paper is a detailed critique of Fine’s “semantic relationism.” Fine’s notion of coordination is explained in terms of the familiar pragmatic phenomenon of recognition. A serious error in Fine’s formal disproof of standard Millianism is exposed. It is demonstrated furthermore that Church’s original criticism of Putnam’s proposal can be extended to Fine’s semantic relationism. Finally, it is also demonstrated that the positive position Fine proffers to supplant standard Millianism is in fact exactly equivalent to standard Millianism, so that Fine’s overall position not only does not displace standard Millianism but is in fact inconsistent. (shrink)

University of California, Santa Barbara.

My title is meant to suggest a continuation of the sort of philosophical investigation into the nature of language and modality undertaken in Rudolf Carnap’s Meaning and Necessity and Saul Kripke’s Naming and Necessity. My topic belongs in a class with meaning and naming. It is demonstratives—that is, expressions like ‘that darn cat’ or the pronoun ‘he’ used deictically. A few philosophers deserve particular credit for advancing our understanding of demonstratives and other indexical words. Though Naming and Necessity is concerned (...) with proper names, not demonstratives, it opened wide a window that had remained mostly shut in Meaning and Necessity but that, thanks largely to Kripke, shall forevermore remain unbarred. Understanding of demonstrative semantics grew by a quantum leap in David Kaplan’s remarkable work, especially in his masterpiece “Demonstratives” together with its companion “Afterthoughts.” In contrast to the direct-reference propensities of these two contemporary figures, Gottlob Frege, with his uncompromisingly thoroughgoing intensionalism, shed important light on the workings of demonstratives in “Der Gedanke”—more specifically, in a few brief but insightful remarks from a single paragraph concerning tense and temporal indexicality. (shrink)