There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...) places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

The fallacy fallacy is either the misdiagnosis of fallacy or the supposition that the conclusion of a fallacy must be a falsehood. This paper explores the relevance of these and related errors of reasoning for the appraisal of arguments, especially within virtue theories of argumentation. In particular, the fallacy fallacy exemplifies the Owl of Minerva problem, whereby tools devised to understand a norm make possible new ways of violating the norm. Fallacies are such tools and so are vices. Hence a (...) similar problem arises with argumentative vices. Fortunately, both instances of the problem have a common remedy. (shrink)

Review of Causation and Free Will by Carolina Sartorio, Oxford University Press, 2016. viii + 188 pp. £35.00.

The fact that physical laws often admit certain kinds of space-time symmetries is often thought to be problematic for substantivalism --- the view that space-time is as real as the objects it contains. The most prominent alternative, relationism, avoids these problems but at the cost of giving abstract objects (rather than space-time points) a pivotal role in the fundamental metaphysics. This incurs related problems concerning the relation of the physical to the mathematical. In this paper I will present a version (...) of substantivalism that respects Leibnizian theses about space-time symmetries, and argue that it is superior to both relationism and the more orthodox form of substantivalism. (shrink)

This paper develops an interpretation of what is essential to kant's doctrine of the highest good, Which defends it while also explaining why it is often rejected. While it is commonly viewed as a theological ideal in which happiness is proportioned to virtue, The paper gives an account in which neither feature appears. The highest good is best understood as a state of affairs to be achieved through human agency, Containing the moral perfection of all individuals and the satisfaction of (...) their permissible ends-I.E., One in which all act from the moral law and in doing so achieve their intended ends. The paper shows that the texts contain two distinct conceptions not distinguished by kant-Both a theological and a secular (political) notion. The standard objections apply to the theological, But the secular conception is consistent with kant's conception of moral conduct. Moreover, That the highest good is introduced as an end to be constructed out of the moral law indicates that the secular version is the essential notion. (shrink)

This essay considers Kant’s theory of modality in light of a debate in contemporary modal metaphysics and modal logic concerning the Barcan formulas. The comparison provides a new and fruitful perspective on Kant’s complex and sometimes confusing claims about possibility and necessity. Two central Kantian principles provide the starting point for the comparison: that the possible must be grounded in the actual and that existence is not a real predicate. Both are shown to be intimately connected to the Barcan formulas, (...) and Kant’s views on what he distinguishes as three different kinds of modality are then considered in light of this connection. (shrink)

One aim of the Critique of Practical Reason is to establish that reason alone can determine the will. To show that it can, it suffices to show that there are practical principles given by reason alone – what Kant terms ‘practical laws’, or (roughly) requirements of reason on action. Chapter I of the Analytic accomplishes this aim by arguing that the moral law is an authoritative practical principle given as a ‘fact of reason’. The chapter begins in section 1 with (...) a ‘Definition’ (Erklärung) of a practical law as a practical principle that.. (shrink)

This paper is a contribution to the long-standing debate over the coherence of Charles Sanders Peirce’s overall system of philosophy. It approaches that issue through the lens of a contemporary debate over the notion of metaphysical grounding, or more broadly, the nature of metaphysical explanation, employing the laws of logic as a case study. The central question concerns how we can take seriously what we shall call Peirce’s Rule—that nothing can be admitted to be absolutely inexplicable—without being vulnerable to a (...) vicious regress or equally vicious circularity. I first argue that in Peirce’s early work he offers a quietist conception of grounding that provides a persuasive and ground-breaking answer to this central question. I then raise a familiar concern, that in Peirce’s later work we find hints of a more metaphysical conception of grounding that seems unable to answer that question and is thus inconsistent with his earlier work. The paper ends with a speculative interpretation of Peirce’s approach to metaphysics and its possible role in grounding logical principles. (shrink)

In this paper, I argue that Goff's view that universal consciousness grounds logical laws such as the law of non-contradiction cannot be true on the grounds that we cannot guarantee the classical logic loving nature of universal consciousness that Goff desires in order to ground logical laws. I will present three arguments to show this.

In this paper I explore Kant’s critical discussions of the topic of miracles (including the important but neglected fragment from the 1780s called “On Miracles”) in an effort to answer the question in the title. Along the way I discuss some of the different kinds of “laws” in Kant’s system, and also the argument for his claim that, even if empirical miracles do occur, we will never be in a good position to identify instances of them. I conclude with some (...) tentative remarks about the notorious suggestion that intelligible finite agents, too, might have some sort of influence over the laws of nature. The goal throughout is to show that exploring Kant’s answer to a traditional question in philosophical theology can deepen our understanding of his metaphysics and epistemology of nature generally. (shrink)

My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental conception of the rule of law with a conception that views the rule of law in primarily normative terms. I then turn my attention to a recent criticism of the Supreme Court of Canada’s principled approach to hearsay and suggest that if Michael Oakeshott’s normative interpretation of the rule of law is adopted, there (...) is no tension between the principled approach to hearsay and the rule of law. (shrink)

This paper considers Kant's views on how it can be rational to hope for God's assistance in becoming morally good. If I am fully responsible for making myself good and can make myself good, then my moral condition depends entirely on me. However, if my moral condition depends entirely on me, then it cannot depend on God, and it is therefore impossible for God to provide me with any assistance. But if it is impossible for God to provide me with (...) any assistance, it is irrational for me to hope for such assistance. I address this conundrum by providing an analysis of one necessary condition of rational hope: hope is rational only if the subject is not in a position to be certain that p is really impossible. I then offer several different strategies on which it might be rational to hope that God provides moral assistance, with the most radical of these strategies suggesting that, given our ignorance of the laws of the intelligible world, for all human beings know it is metaphysically possible that God perform a noumenal miracle on their moral character. -/- . (shrink)

Today, there is a family of celebrated police strategies that teach the importance of cracking down on petty crime and urban nuisance as the key to effective crime control. Under the “broken windows” appellation, this strategy is linked in the public mind with New York City and the alleged successes of its police department in reducing the rate of crime over the past two decades. This paper is critical of such order maintenance approaches to policing: I argue that infringements of (...) civil liberty by such departments could be reduced if the departments looked at law more as a good to be served for its own sake and less as an instrument for the promotion of order. In other words, a shot of legalism is the correct medicine to reduce police misconduct that pierces the law’s protections of citizen freedom. -/- This Article contributes to the critical literature on broken windows policing by reassessing the work of the famous Harvard scholar (James Q. Wilson) who fathered it. The Article takes Wilson’s work and turns it on its head, drawing very different prescriptive conclusions than he did himself. (shrink)

Some facts ground other facts. Some fact is fundamental iff there are no other facts which partially or fully ground that fact. According to metaphysical foundationalism, every non-fundamental fact is fully grounded by some fundamental fact(s). In this paper I examine and defend some neglected considerations which might be made in favor of metaphysical foundationalism. Building off of work by Ross Cameron, I suggest that foundationalist theories are more unified than, and so in one important respect simpler than, non-foundationalist theories, (...) insofar as foundationalist theories allow us to derive all non-fundamental facts from some fundamental fact(s). Non-foundationalist theories can enjoy a similar sort of theoretical unification only by taking on objectionable metaphysical laws. (shrink)

The primary concern of this paper is to outline an explanation of how Kant derives morality from reason. We all know that Kant thought that morality comprises a set of demands that are unconditionally and universally valid. In addition, he thought that to support this understanding of moral principles, one must show that they originate in reason a priori, rather than in contingent facts about human psychology, or the circumstances of human life. But do we really understand how he tries (...) to establish that moral principles originate in reason? In at least two passages in the second section of the Groundwork, Kant insists upon the importance of grounding the moral law in practical reason a priori, and subsequently states a conception of practical reason from which he appears to extract a formulation of the Categorical Imperative. The reasoning employed in these passages would appear to be of central importance to the overall argument of the Groundwork, but in each case the route travelled from the definition of practical reason to the ensuing formulation of the moral law is obscure. My goal is to work out a plausible reconstruction of this portion of Kant’s argument. At the very least, I hope that my interpretation will illuminate the distinctive structure of the Kantian approach to questions of justification in ethics. What I understand of Kant’s view leads me to believe that its aims and overall shape are different in important respects from what is often assumed. It also represents an approach to foundational issues in ethics, which provides an alternative to many contemporary attempts to ground morality in reason. (shrink)

1 Introduction1 In the 1980s, hermeneutics was often incorporated into deconstructionism and literary theory. Rather than focus on authorial intentions, the nature of writing itself including codes used to construct meaning, socio-economic contexts and inequalities of power,2 Gadamer introduced a different perspective; the interplay between effects of history on a reader’s understanding and the tradition(s) handed down in writing. This interplay in which a reader’s prejudices are called into question and modified by the text in a fusion of understanding and (...) topic revitalized the study of the printed word. Gadamer’s turn to language for understanding the meaning of Being also appealed to the post-modern antipathy toward modernity and metaphysics.3 If the truth and validity of interpretations are limited to communities of language, then our mode of being in history cannot but be historical. This point of view rendered Gadamer’s phenomenological hermeneutics vulnerable to the critique of moral and epistemological relativism. However, Gadamer’s theory of interpretation also stems from re-examination of the beginning of knowledge in the Pre-Socratics and Plato, and on this basis, is receptive to another dimension of inquiry than that which was trending in North America. -/- At the East-West Center, University of Hawai’i at Manoa in 1982, Chung-ying Cheng for the first time introduced onto-hermeneutics to an audience of esteemed philosophers including Li Zehou, Ren Jiyu, Feng Youlan, and Zhang Liwen.4 In contrast to schools of deconstruction and literary theory that had disengaged the interpreter from trans-historical sources of meaning and truth, Cheng explained that interpreters exist within a cosmological order inextricable from responsibility to harmonize Heaven and Earth in creative acts of interpretation. By integrating Chinese cosmology into hermeneutics through ontology, he tacitly challenged philosophers in the West to re-examine assumptions about humanity’s place in nature and by implication, Gadamer’s recovery of the beginnings of knowledge in Western philosophy. -/- Cheng’s Neo-Confucianism is inspired by the method and goals of Thomé H. Fang. The following words by Fang seem to prefigure, although in an indistinct and bundled way, aspects of Cheng’s philosophy including a Mencian theory of human nature, comprehensive observation, and creativity: “In the very process of living in concord with creative Nature, Man is charged with an ideal to be fully realized in the light of the principle of comprehensive harmony.”5 Like Fang, Cheng reinvigorates Chinese culture and language, but not solely in order to vindicate the insights of Neo-Confucianism. He has studied Western thought, from pragmatism and the analytic school to German idealism and phenomenology, to unlock and clarify philosophical concepts within the Yijing tradition and thereby render them intelligible to Anglophones. The result has been an awakening of Western scholars to the moral and cultural consequences of decoupling their thought from metaphysical foundations that are neither dogmatic nor doctrinal. -/- Not unlike the dialectic of Gadamer’s dialogue form, onto-generative hermeneutics integrates contrary positions on the same topic in order to blend both sides into a world philosophy, or as Cheng says, a “totalizing or integrative theory,”6 not to be confused with a theoretical rewording of a theory. On the contrary, the universal scope and relevance of hermeneutics stems from personal experience. Just as Gadamer, in response to faction and strife, immersed himself in Plato during the war years, and developed a method with which to harmonize opposites, so too, according to On-cho Ng, was Cheng moved by faction, strife and political persecution to develop a path toward unity.7 Gadamer taught at McMaster University in Hamilton, Ontario, and Cheng at the University of Hawai’i at Manoa among other institutions in North America. They facilitated trans-continental educational and cultural ties. Similar experiences yield similar insights irrespective of differences of time and place. Hence, authors in this issue who reside in Europe, China and North America, delineate the differences between Gadamer and Cheng, yet also, in light of Cheng’s onto-generative method and cosmology, develop integrative theories. Due to the page-budget restriction of the publisher, certain articles of this special theme will be subsequently published in the next issue. -/- 2 Integrative Theory This special issue of The Journal of Chinese Philosophy confirms a dimension of hermeneutics that Cheng has both motivated and inspired. The contributors do not abide by the conviction that since thought is mediated by language, interpretations cannot transcend culture. On the contrary, their research exemplifies the fruits of trans-historical onto-dialogical hermeneutics within limits defined by their field inquiry, organized into Parts I and II, around three themes: language, the philosophy of history and ethics. -/- Andrew Fuyarchuk introduces the theme of ontology in relation to Gadamer’s turn to language. Fuyarchuk argues that Chung-ying Cheng’s criticism of Gadamer’s hermeneutics is informed by Heidegger’s concept of Dasein and thereby overlooks how Gadamer’s Platonic-Pythagorean problem of the division between the One and Many is harmonized in the event of language, which in turn positions Gadamer in proximity to the presupposed grounds of receptivity in Cheng’s onto-generative hermeneutics. Lauren Pfister’s contributing article addresses the year 2000 meeting between Cheng and Gadamer in Heidelberg and expands the transhistorical grounds of meaning in Gadamer to matters of theology. Pfister’s summary of the written Chinese record of their conversation indicates that Cheng does not address the role of Christian philosophy and hence, the role of the inner word in Gadamer’s hermeneutics. This is important not only for detecting changes in Cheng’s philosophical development, but also for modifying his hermeneutics along the lines of a living conversation, possibilities explored by Pfister in a sequel to the article submitted to this issue. Nevertheless, by raising the issue of how Gadamer’s turn to language for understanding the meaning of Being extends possibilities in Cheng’s thought, Pfister anticipates the article by Katarina Gajdosova. She returns to the roots of Chinese thought during the Warring States period and broadens the meaning of names in recently excavated texts. Contrary to the conventions about how to understand terms, she appeals to both Heidegger’s ontology and Cheng’s notion of receptivity and creativity to reinterpret naming in relation to cosmology. Along the same lines, insofar as the event of Being is lingual, Jay Goulding captures its emergent structure in an evolving community of scholars and scholarship. He recalls his philosophical journey toward Cheng’s philosophy that begins in conversations with Gadamer at McMaster University in Hamilton, leads to Heidegger and Asian thought, expands into turning points with teachers and colleagues from various backgrounds that by increments contributed to Goulding’s formulation of “Daoist phenomenology.” -/- Although differing traditions guide their inquiries and research, Cheng and Gadamer recall the wisdom of the past to ameliorate the fragmentation in contemporary life. This leads them to re-examine the origins of philosophy; historical roots and thus sources of creative re-interpretations East and West whose affinities are developed in contributions by Hyun Höchsmann and Friederike Assandri. Höchsmann assesses convergences and divergences in the origins of Chinese and Western philosophy (Confucius and Socrates, the Yijing and Pre-Socratics) that culminates in pairing Gadamer’s understanding of paideia in the context of Plato’s political cosmology in the Timaeus with moral and social cultivation in The Western Inscription. She delineates the limits of this comparison which in turn justifies introducing Vattimo’s notion of locality. Assandri’s comparative analysis moves between India and China, Buddhism and Tang Daoism. Based on Gadamer’s argument that writing detaches concepts from their cultural moorings, she defines and applies three levels of understanding in onto-generative hermeneutics to Buddhist terms that were assimilated into the Benji Jing and in so doing clarifies essential dimensions of Daoism. -/- Contributions by Stephen Palmquist and Nicholas Brasovan position Cheng in relation to Kant and Gadamer by way of Aristotle’s ethics respectively. On the one hand, Palmquist plots Cheng’s evolving criticism of Kant’s moral philosophy and draws on crucial dimensions of Gadamer’s hermeneutics to reposition that criticism in a constructive relation to Kant’s emphasis on the philosophical conditions of morality while also indicating how religious dimensions of his thought answer Cheng’s concerns for lived moral action. For Palmquist, Gadamer enables a constructive criticism of Cheng. On the other hand, Brasovan compares Cheng’s Yijing-based account of moral deliberation with Gadamer’s Aristotelian-based ethics and reasons that in contrast to Cheng, Gadamer’s hermeneutical consciousness is disengaged from practical knowledge. For Brasovan, Cheng is a constructive critic of Gadamer. Palmquist and Brasovan’s divergent angles on Gadamer and Cheng map onto a dialectic of contrast and complementarity that constitutes the inner logic of Cheng’s philosophy. In other words, Gadamer and Cheng ought to be read alongside one another for the sake of removing discrepancies and contradictions, which constitutes the organic structure of their thinking. -/- 3 Our Mode of Being in History Is Not Historical The conversations between Cheng and Gadamer in this issue of The Journal of Chinese Philosophy pivot on language, philosophy of history and ethics within a comparative framework of analysis, but also explore the grounds that make the comparisons possible. Those grounds are informed by Chinese cosmology, and function to wrest Gadamer from the shadow of Heideggerian facticity and reposition him within the range of Cheng’s ideas about our place in nature that is embedded in his question about how mind emerges from inorganic matter.8 -/- For Gadamer scholars of Heidegger, human finitude, our ownmost individuating death ensures that hermeneutics is always open to the other as other, always on the way toward understanding the meaning of Being. To arrest the process in a concept of “the Absolute” cannot but represent someone’s point of view, and thereby render hermeneutics indistinguishable from ideology. However, insofar as finitude is defined by them in terms of an onto-theological concept of immorality, finitude is a metaphysical concept consistent with epistemologies and confuse beings with the meaning of Being. As a result, the celebrated political value of hermeneutics to always be on the way toward an understanding of the meaning of Being admits subtle variations on the same worldview that are insufficiently self-critical. -/- Gadamer scholars of Heidegger are right. A transformation in ethos and opening to the meaning of Being depends on awareness of finitude. Yet this awareness does not yield openness to more of the same, i.e., discourse structurally incapable of coming to unity but instead, for both Gadamer and Cheng, openness to a distinctly different ontological dimension of reality. As Sandra Wawrytko and So-Seong Park indicate,9 this ontological dimension is prefigured in the experience of being-as-a-whole or the totality of all possible relations in both Chinese totemic shamanistic rituals,10 and Greek Dionysian festivals.11 Through these religious experiences human ethos and therefore consciousness is expanded and elevated from being centered on one’s ownmost concerns toward an affinity with all sentient beings from insects and plants to animals. The channel for this affinity is an auditory disposition and hence, the emotions, compassion, and feeling response. -/- The capacity for an auditory disposition, or as Gadamer calls it, listening consciousness to respond to the inter-relationality and therefore inherent balance of nature is developed through music, song and dance of the religious rituals and festivals. They facilitate the unity of mind with nature. This use of music, that transforms ordinary consciousness, explains Cheng’s emphasis on the receptivity of feeling response in comprehensive observation, and Gadamer’s emphasis on openness to the other in attunement. However, an auditory disposition characteristic of pre-literate oral cultures that reveals the “All” need not rely on religion. As theorists about the evolution of language have explained,12 modern languages preserve their pre-historical past in music or prosody. That is to say, the song and dance that revealed the totality of inter-related beings to an ethos of comprehensive observation and attunement toward beings in classical civilizations is retained in the back-and-forth movement or rhythm of the dialogue form. Our mode of being in history is a mode of being in nature – through the music of language. -/- While alerting the reader to the limits of a nominalist interpretation, Gadamer expresses the inner law of the nature as follows: “in perishing there is always becoming, and in becoming there is always perishing.”13 Considered in process, opposites generate and blend into each other. This law of nature applies to everything.14 Hence, in a manner comparable to Pfister’s concluding insights, onto-dialogical hermeneutics is not only open to discrete events of otherness but moreover, to the moving structure of reality expressed, as Gajdosova suggests, in the existential moment of naming. Considered as interplay of tension and resolution with a life of its own, the dialectic of a dialogue is self-similar to the way in which an organism grows (by instinct). There is, therefore, a sense in which the art of interpretation extends the human mind into the eternal cycles of nature such that we participate in the articulation of the inner telos/homeostasis toward which all beings strive and importantly for Gadamer scholars of Heidegger, within the material limits of energy to which our embodied minds are self-evidently subject. In mortality there is always immortality. (shrink)

Physicists routinely claim that the fundamental laws of physics are 'time symmetric' or 'time reversal invariant' or 'reversible'. In particular, it is claimed that the theory of quantum mechanics is time symmetric. But it is shown in this paper that the orthodox analysis suffers from a fatal conceptual error, because the logical criterion for judging the time symmetry of probabilistic theories has been incorrectly formulated. The correct criterion requires symmetry between future-directed laws and past-directed laws. This criterion is formulated and (...) proved in detail. The orthodox claim that quantum mechanics is reversible is re-evaluated. The property demonstrated in the orthodox analysis is shown to be quite distinct from time reversal invariance. The view of Satosi Watanabe that quantum mechanics is time asymmetric is verified, as well as his view that this feature does not merely show a de facto or 'contingent' asymmetry, as commonly supposed, but implies a genuine failure of time reversal invariance of the laws of quantum mechanics. The laws of quantum mechanics would be incompatible with a time-reversed version of our universe. (shrink)

We explore the view that Frege's puzzle is a source of straightforward counterexamples to Leibniz's law. Taking this seriously requires us to revise the classical logic of quantifiers and identity; we work out the options, in the context of higher-order logic. The logics we arrive at provide the resources for a straightforward semantics of attitude reports that is consistent with the Millian thesis that the meaning of a name is just the thing it stands for. We provide models to show (...) that some of these logics are non-degenerate. (shrink)

I examine Kant's claim that a relation of symbolization links judgments of beauty and judgments of ‘systematicity’ in nature (that is, judgments concerning the ordering of natural forms under hierarchies of laws). My aim is to show that the symbolic relation between the two is, for Kant, much closer than many commentators think: it is not only the form but also the objects of some of our judgments of taste that symbolize the systematicity of nature. -/- .

This chapter explores global debunking arguments, debunking arguments that aim to give one a global defeater. I defend Alvin Plantinga’s view that global defeaters are possible and, once gained, are impossible to escape by reasoning. They thereby must be extinguished by other means: epistemically propitious actions, luck, or grace. I then distinguish between three types of global defeater—pure-undercutters, undercutters-because-rebutters, and undercutters-while-rebutters—and systematically consider how one can deflect such defeaters. Lastly, since I draw insights from the literature on perhaps the most (...) widely discussed global debunking argument in the literature, Plantinga’s evolutionary argument against naturalism, I end up responding to many potential problems for it. This includes the so-called conditionalization problem, as well as those raised by Bergmann (2002), Law (2012), Deem (2018), Hendricks and Anderson (2020), and Wielenberg (in Craig and Wielenberg (2021)). (shrink)

The paper takes a novel approach to a classic problem—Hempel’s Raven Paradox. A standard approach to it supposes the solution to consist in bringing our inductive logic into “reflective equilibrium” with our intuitive judgements about which inductive inferences we should license. This approach leaves the intuitions as a kind of black box and takes it on faith that, whatever the structure of the intuitions inside that box might be, it is one for which we can construct an isomorphic formal edifice, (...) a system of inductive logic. By popping open the box we can see whether that faith is misplaced. I aim, therefore, to characterize our pre-theoretical, intuitive understanding of generalizations like “ravens are black” and argue that, intuitively, we take them to mean, for instance: “ravens are black by some indeterminate yet characteristic means.” I motivate and explicate this formulation and bring it to bear on Hempel’s Problem. (shrink)

In his [1937, 1938], Paul Dirac proposed his “Large Number Hypothesis” (LNH), as a speculative law, based upon what we will call the “Large Number Coincidences” (LNC’s), which are essentially “coincidences” in the ratios of about six large dimensionless numbers in physics. Dirac’s LNH postulates that these numerical coincidences reflect a deeper set of law-like relations, pointing to a revolutionary theory of cosmology. This led to substantial work, including the development of Dirac’s later [1969/74] cosmology, and other alternative cosmologies, such (...) as the Brans-Dicke modification of GTR, and to extensive empirical tests. We may refer to the generic hypothesis of “Large Number Relations” (LNR’s), as the proposal that there are lawlike relations of some kind between the dimensionless numbers, not necessarily those proposed in Dirac’s early LNH. Such relations would have a profound effect on our concepts of physics, but they remain shrouded in mystery. Although Dirac’s specific proposals for LNR theories have been largely rejected, the subject retains interest, especially among cosmologists seeking to test possible variations in fundamental constants, and to explain dark energy or the cosmological constant. In the first two sections here we briefly summarize the basic concepts of LNR’s. We then introduce an alternative LNR theory, using a systematic formalism to express variable transformations between conventional measurement variables and the true variables of the theory. We demonstrate some consistency results and review the evidence for changes in the gravitational constant G. The theory adopted in the strongest tests of Ġ/G, by the Lunar Laser Ranging (LLR) experiments, assumes: Ġ/G = 3(dr/dt)/r – 2(dP/dt)/P – (dm/dt)/m, as a fundamental relationship. Experimental measurements show the RHS to be close to zero, so it is inferred that significant changes in G are ruled out. However when the relation is derived in our alternative theory it gives: Ġ/G = 3(dr/dt)/r – 2(dP/dt)/P – (dm/dt)/m – (dR/dt)/R. The extra final term (which is the Hubble constant) is not taken into account in conventional derivations. This means the LLR experiments are consistent with our LNR theory (and others), and they do not really test for a changing value of G at all. This failure to transform predictions of LNR theories correctly is a serious conceptual flaw in current experiment and theory. (shrink)

Kant’s project in ethics is to defend the conception of morality that he takes to be embedded in ordinary thought. The principal aims of his foundational works in ethics – the Groundwork of the Metaphysics of Morals and the Critique of Practical Reason – are to state the fundamental principle of morality, which he terms the “Categorical Imperative”, and then to give an account of its unconditional authority – why we should give moral requirements priority over non-moral reasons – by (...) grounding it in the nature of free rational agency. Roughly the principle of morality gets its authority from the fact that it is by acting from this principle that we exercise our free agency. In these works Kant develops a distinctive account of the content of moral requirement (which is filled out in his later work, The Metaphysics of Morals). According to one version of the Categorical Imperative, we determine what sorts of actions are permissible or required in various situations by asking whether a principle of action is rationally willed as universal law for agents with autonomy. A second version of the Categorical Imperative derives the content of morality from the principle that we are to respect “humanity”, or “rational nature”, as an “end in itself” and never merely as a means. “Humanity” is the capacity for autonomous rational choice, and it includes the capacity to act from one’s own judgment of what one has reason to do, to set ends for oneself, and to guide one’s actions by values one finds it reasonable to accept. To hold that this capacity is an end in itself is to claim that it has an absolute value – a value that Kant terms “dignity” – that sets limits on the.. (shrink)

Leibniz and Kant were heirs of a biblical theistic tradition which viewed miraculous activity in the world as both possible and actual. But both were also deep explanatory rationalists about the natural world: more committed than your average philosophical theologian to its thoroughgoing intelligibility. These dual sympathies—supernaturalist religion and empirical rationalism—generate a powerful tension across both philosophers’ systems, one that is most palpable in their accounts of empirical miracles—that is, events in nature that violate one or more of the natural (...) laws. The primary goal of this chapter is to exhibit their respective efforts to resolve this tension, and to show how Kant’s noumenal ignorance doctrine allows him to set aside some key difficulties that Leibniz’s model leaves unresolved. The chapter concludes with the unorthodox suggestion that both systems leave conceptual space for the idea that finite free beings, rather than just God, can produce empirical miracles. (shrink)

We discuss the crucial, but easily missed, link between paternalism and incarceration. Legal paternalists believe law should be used to help individuals stay healthy or moral or become healthier or morally better. Criminal laws are paternalistic if they make it illegal to perform some action that would be bad for the actor to do, regardless of effects on others. Yet, one result of such laws is the punishment, including incarceration, of the very same actors—also clearly bad for them even if (...) meant to be rehabilitative. Therein lies an oddity: paternalist criminal law—and thepresumably rehabilitativepunishments that serve as responses to infringements of such laws—is meant to help the actor but in fact has the opposite effect on net. Incarceration is particularly problematic on this front as it harms the alleged criminal in ways that go beyond the harm they would have caused themselves. Incarceration also may undermine the actor’s ability to improve his decision-making abilities or his moral character. The effects of the punishment also drift to others—family and friends, as well as business associates, of the punished. Paternalists, inasmuch as they are motivated by beneficence or concern about moral character, must account for all of these costs as threats to well-being and the conditions for acting morally. Given the link between paternalism and incarceration, we propose that if we are to take seriously the problem of over-incarceration in the U.S., we must reconsider the use of paternalism in criminal law; we sketch several alternatives. We believe paternalists should support our resistance to incarceration and seriously consider these alternatives. (shrink)

These are the first two chapters from a monograph (The Time Flow Manifesto, Holster, 2013-14; unpublished), defending the concepts of time directionality and time flow in physics and naturalistic metaphysics, against long-standing attacks from the ‘conventional philosophy of physical time’. This monograph sets out to disprove twelve specific “fallacies of the conventional philosophy”, stated in the first section below. These are the foundational principles of the conventional philosophy, which developed in the mid-C20th from positivist-inspired studies. The first chapter begins by (...) re-presenting the basic analysis of time reversal symmetry in the context of probabilistic or non-deterministic processes, removing the first critical error in the conventional account. The second chapter argues for a law-like explanation of physical time asymmetry and irreversibility, and shows how the ‘reversibility paradoxes’ are explained. (shrink)

I show that the Pinkerton rule in conspiracy law is doctrinally and morally flawed. Unlike past critics of the rule, I propose a statutory fix that preserves and reforms it rather than abolishing it entirely. As I will show, this accommodates authors like Neil Katyal who have defended the rule as an important crime fighting tool while also fixing most of the traditional problems with it identified by critics like Wayne LaFave. Pinkerton is a vicarious liability rule that makes conspirators (...) criminally responsible for the foreseeable crimes of their coconspirators committed in furtherance of the conspiracy. It has two big problems: (1) Doctrinally, it breaks the logic of the many state criminal codes that are based on the Model Penal Code. (2) Ethically, it infringes the culpability constraint on the criminal law by imposing excessive punishments on defendants who did not even consciously suspect that their coconspirators would commit additional crimes that were not the object of the conspiracy. These problems are most acute in Texas, where Pinkerton can be combined with capital murder charges to produce automatic life without parole sentences. The Texas example is an extreme illustration of the problem of unintended consequences when state legislators tinker with the carefully drafted, interlocking provisions of a model code. The new statute I propose would put the penal code back in order and respect the culpability constraint. In the latter aspect, it is informed by leading work in philosophical ethics on blameworthiness and culpability. (shrink)

Derk Pereboom has recently elaborated a formulation of non-reductive physicalism in which supervenience does not play the central role and realization plays no role at all; he calls his formulation “robust non-reductive physicalism”. This paper argues that for several reasons robust non-reductive physicalism is inadequate as a formulation of physicalism: it can only rule out fundamental laws of physical-to-mental emergence by stipulating that there are no such laws; it fails to entail the supervenience of the mental on the physical; it (...) appeals to two relations that are physicalistically unacceptable; and it rules out certain epistemically possible ways that the world might turn out to be according to current physics. This paper further argues that the difficulties faced by Pereboom’s robust non-reductive physicalism can all be avoided if physicalism is instead formulated by appeal to a carefully-defined relation of realization. (shrink)

Mistakes are a fact of life, and the criminal law is sadly no exception to the rule. Wrongful convictions are rightfully abhorred, and false acquittals can likewise inspire outrage. In these cases, we implicitly draw a distinction between a court’s finding and a defendant’s actual guilt or innocence. These are intuitive concepts, but as this paper aims to show, contemporary use of the reasonable person standard in the law of self-defense muddles them. -/- Ordinarily, we can distinguish between a person's (...) material guilt or innocence and his juridical guilt or innocence. Someone is materially guilty if his actions in fact matched the conduct proscribed by the penal law. Someone is juridically guilty if he is found guilty by a tribunal, i.e., convicted by a judge or jury. When a tribunal convicts a innocent person or acquits a guilty person, the accuracy of its verdicts can be criticized. -/- There are three definitions of the reasonable person extant amongst courts and commentators: the reasonable person is either (1) a hypothetical ordinary, average person; (2) the embodiment of a community ideal; or (3) an embodiment of an objective ethical standard, i.e., ethical principles independent of community opinion. Nonetheless, after observing the circularity, vagueness, and lack of consistency in the definitions, wise courts and commentators have sometimes resorted to identifying the reasonable person with the judgment of the jury. -/- This piece argues that failure to settle on a fixed definition of the "reasonable person" in the criminal law of self-defense effectively conflates material guilt and innocence and juridical guilt and innocence at the doctrinal level. When courts do not clearly and consistently choose between standards one, two, and three, or when they expressly treat the reasonable person as a form of words standing in for the judgment of the jury, they make it conceptually impossible for observers outside the court system to apply a fixed, definite standard to assess the actual guilt of a person apart from the judgments of tribunals. -/- This paper's main purpose is to identify a conceptual knot rather than propose reforms. Still, it recommends two small changes meant to lift the confusion surrounding the reasonable person. First, it urges that courts expressly settle on one of the three definitions canvassed above. Second, it recommends that courts be mindful of the nature of the reasonable person standard and as such, be wary of treating conclusions about reasonableness as ordinary legal precedents, and wield the power of directed verdict aggressively to protect unpopular defendants from abuse by juries. (shrink)

My aim in this paper is to explore different ways of understanding Kant’s Formula of Humanity as a formal principle. I believe that a formal principle for Kant is a principle that is constitutive of some domain of cognition or rational activity. It is a principle that both constitutively guides that activity and serves as its internal regulative norm. In the first section of this essay, I explain why it is desirable to find a way to understand the Formula of (...) Humanity as a formal principle in this sense. In sections II and III I discuss two interpretive approaches to Kant’s idea that rational nature or humanity is an end in itself, both of which may be construed as treating the Formula of Humanity as a formal principle. By focusing on the notion of formal principle, I hope to raise a set of issues about how to understand the idea of rational nature or humanity as an end in itself, and about the relation of the Formula of Humanity [FH] to the Formula of Universal Law [FUL]. I do not resolve the issues in this paper, though I briefly sketch some resolution at the end. (shrink)

Paul Guyer’s Kant on Freedom, Law, and Happiness is a collection of essays written over a period of ten years on the roles of freedom, reason, law, and happiness in Kant’s practical philosophy. The centrality of these concepts has always been acknowledged, but Guyer proposes a different way to understand their interconnections. Kant extols respect for moral law and conformity to moral principle for its own sake while at the same time celebrating the value of human freedom and autonomy. Guyer (...) sees tensions between these two poles of Kant’s practical philosophy—obedience to law and the value of freedom. He argues: “A profound paradox can be avoided only if it can be shown that Kant intended obedience to universal law to be mandatory solely as the necessary condition for the realization of human freedom and through that freedom a systematic and unselfish distribution of happiness among all persons” and that “the sheer fact of adherence to universal law is not an end in itself but is rather the means to the realization of the human potential for autonomy or freedom in both choice and action” (p. 1). One guiding theme of Guyer’s book is that Kant’s practical philosophy is based on the fundamental, and hence indemonstrable, intrinsic value of freedom, which Guyer understands as a value that is prior to the moral law, providing both an end to be realized through conformity to universal law and the basis of the authority of moral principles. Conformity to universal law has no intrinsic value in itself; it is the means to the preservation, enhancement, and full realization of human freedom, and is required because of its instrumental connection to the prior value of freedom. As he says, “freedom of choice and its natural expression in action are what human beings value most, and the fundamental principle of morality and the rules for both po-. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

Plea bargains are the stock-in-trade of the modern American prosecutor’s office. The basic scenario, wherein a defendant agrees to plea guilty in exchange for a reduced sentence, is familiar to viewers of police procedurals. In an equally famous variation on the theme, the prosecutor requests something more than an admission of guilt: leniency will only be forthcoming if the defendant is willing to cooperate with the prosecutor in securing the conviction of another suspect. In some of these cases, the defendant (...) is a low-level criminal who has information on a high-level malefactor who is of more interest to the police. In others, the defendant and the person she is asked to testify against are of the same criminal rank, but evidentiary weaknesses induce the prosecutor to seek the aid of one suspect in order to convict the other. In this latter version, the classic tactic of film detectives is to offer the bargain to both defendants in the hopes that one will crack and agree to reveal what he knows about the other. The defendants could either be in custody for different crimes or be accomplices in the same offense. -/- The last variation (involving accomplices) is the subject of this Article. I take issue with the prosecutorial tactics in these cases because of the risk they create of punishing the comparatively virtuous person more than the comparatively vicious one for the same acts. As I will argue, it is the less honest person who is more likely to accept the prosecutor’s deal, leading the more honest person, who resisted temptation, to suffer greater penalties. -/- I contend that this scenario offends distributive justice, runs counter to the idea (accepted by some) that a proper goal of the state is the cultivation of good character in the citizenry, and is perverse insofar as a person will suffer more from the prosecutor's dilemma insofar as she is more or less a person of conscience. These negative considerations notwithstanding, I do not call for the abolition of accomplice plea bargaining but argue that the problems I raise should be considered when weighing its pros and cons. -/- This article was published in the company of a strong critical response by Guha Krishnamurthi, whose contribution I greatly appreciate. (shrink)

One proposed way of preserving the link between criminal negligence and blameworthiness is to define criminal negligence in moral terms. On this view, a person can be held criminally responsible for a negligent act if her negligence reflects a deficit of moral concern. Some theorists are convinced that this definition restores the link between negligence and blameworthiness, while others insist that criminal negligence remains suspect. This article contributes to the discussion by applying the work of ethicist Nomy Arpaly to criminal (...) negligence. Although not interested in legal issues herself, Arpaly has a well-developed theory of moral agency that explains moral concern in terms of responsiveness to moral reasons. Introducing her work to the ongoing scholarly debate will be helpful for two reasons. First, while a definition of negligence in terms of moral concern is recognized as one proposed solution to the negligence–blameworthiness problem, authors promoting it have yet to give a systematic account of moral concern and its relation to blame. Borrowing Arpaly's account will help clarify the idea of moral concern so that both proponents and critics of a concern approach to negligence can have a better-defined debate. Second, her theory of blameworthiness is especially suited to defending the blameworthiness of negligent actions, because it does not have recourse to a special quality of choice or self-control that must be active to render conduct blameworthy. To make this second advantage clear, the article argues that reliance on choice or self-control problematizes blameworthiness for negligence. Those who wish to defend blameworthiness for negligent acts should base their work on an account of moral agency that does not rely on either choice or self-control to explain when an action is blameworthy. (shrink)

This paper formulates some paradoxes of inductive knowledge. Two responses in particular are explored: According to the first sort of theory, one is able to know in advance that certain observations will not be made unless a law exists. According to the other, this sort of knowledge is not available until after the observations have been made. Certain natural assumptions, such as the idea that the observations are just as informative as each other, the idea that they are independent, and (...) that they increase your knowledge monotonically (among others) are given precise formulations. Some surprising consequences of these assumptions are drawn, and their ramifications for the two theories examined. Finally, a simple model of inductive knowledge is offered, and independently derived from other principles concerning the interaction of knowledge and counterfactuals. (shrink)

This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or entity (...) identified by reference to game theory and the philosophical idea of “convention” as the source of signals with which the subject population has become effectively locked, as a group, into conformity. (shrink)

This essay offers a revisionist defense of classical utilitarianism from an infamous objection to it, which is derived from American science fiction writer, Ursula Le Guin’s, short story, “The Ones Who Walk Away from Omelas.” To that effect, the reply takes inspiration from Le Guin and John Stuart Mill in appealing to the natural law theoretical concept of conscience. I argue that a conscientious utilitarian ethic can escape Le Guin’s objection more satisfactorily than other popular utilitarian ethics. Along the way, (...) this essay discusses at length conscience and its place in moral epistemology, both as it occurs in the natural law tradition and in Mill. The natural law account of conscience is defended and Mill’s account is critiqued. Consequently, this paper also provides an interesting synthesis of utilitarianism with natural law ethics. (shrink)

I aim in this paper to provide defense of one way to look at what should be regulated in the market place. In particular, I discuss what should be tolerated and argue against corporate welfare. I begin by endorsing John Stuart Mill’s harm principle as a normative principle of toleration. I call strict commitment to the harm principle when considering the regulatory structure of markets market libertarianism and oppose that to promotionism, the view that endorses government interference to promote business (...) interests. I next discuss the widespread use of promotionist policies, arguing against them and for market libertarianism. I also consider problems for my view, recognizing that one of my responses may leave some thinking the paper is a reductio of the market libertarian view because of the sort of slow-growth state it endorses. Others will recognize it as a view promoted by some of the U.S. founding fathers and find it attractive in its own right. (shrink)

In this paper, I defend an account of harm as event-based but also in the mold of the account offered by Joel Feinberg in his magnum opus, The Moral Limits of the Criminal Law.3 The analysis I offer is meant, that is, to be serviceable in a project like Feinberg’s–that is, it is one of normative political philosophy—and, importantly here, useful for determining when speech might rightly be limited. On the account defended here, to undergo a harm is to be (...) the subject of an event wherein one’s interests are wrongfully set back and wherein the status of the undergoing of the harm derives from its being the sort of event that it is (namely, a setting back of interests), independently of the badness of any resulting state. (shrink)

Putnam argues that reductionism, “the doctrine that the laws of such ‘higher level’ sciences as psychology and sociology are reducible to the laws of lower-level sciences - biology, chemistry, ultimately to the laws of elementary particle physics”, is wrong. In this note, I take issue with some of Putnam’s arguments.

This is Part 2 of a four part paper, intended as an introduction to the key concepts and issues of time directionality for physicists and philosophers. It redresses some fundamental confusions in the subject. These need to be corrected in introductory courses for physics and philosophy of physics students. Here we analyze the quantum mechanical time reversal operator and the reversal of the deterministic Schrodinger equation. It is argued that quantum mechanics is anti-symmetric w.r.t. time reversal in its deterministic laws. (...) This contradicts the orthodox analysis, found throughout the conventional literature on physical time, which claims that quantum mechanics is time symmetric (reversible), and that we must adopt the anti-unitary operator (T*) instead of the unitary time reversal operator (T) for time reversal in quantum mechanics. This is widely claimed as settled scientific fact, and large metaphysical conclusions about the symmetry of time are drawn from it. But it is an error. (shrink)