THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS. -/- The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: (...) there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into an unpalatable moral relativism on which there is no non-arbitrary basis between a justice that underwrites forms of domination such as slavery and a justice that condemns such forms of domination is equally powerful and compelling. I show that there is a way to harmonize both views that is subject to empirical test. -/- First I show that the most widely accepted and influential formulation of liberal justice, John Rawls' Justice as Fairness, in. e.g, A Theory of Justice, cannot avoid the relativistic challenge because it would not be accepted, as a matter of sociological fact, by real people in a divided society once the "veil of Ignorance" is removed and real people step out from the Original Position. To put it differently, different reflective equilibria are inevitable in a divided society. Given the weight that Rawls properly puts on the realizability of a conception of justice and its stability in practice, this is a fatal objection. There can be no divided society that is "well ordered" in Rawls' sense, governed by a shared conception of justice and known to be so governed. -/- I then turn to the most powerful statement of the CLS view, Milton's Fisk's relativistic account in The State and Justice. For Fisk, justice is a compromise between what the dominant groups can compel and what the the subordinate groups will acquiesce to., There is no one such compromise in any given situation, so the account is in that sense relativistic, but more deeply, it is relativistic in that it offers no non-arbitrary, non-question begging way to choose between the official justice of, e.g., a slaveholding society and and the radical justice of the slaves, which has no place for slaveholders as a group or slavery as an institution.All that Fisk can offer is an arbitrary existential choice: I'm with the slaves. (Or the slaveowners.) Most of us would find this disconcerting or even unacceptable. -/- I show that Fisk's general sort of account can be modified to allow for an non-arbitrary choice. Given general facts about human nature, societies based on domination will produce resistance that over the long run will diminish or eliminate various forms of domination. Through a sort of ratchet effect, rights won will be hard if not impossible to reverse. Societies embodying forms of domination can therefore be compared on dimensions of stability: the more domination, the more resistance, and the less stability. Such societies are inferior on the dimension of justice to more emancipatory society on the terms of both kinds of justice, official and radical. -/- This is not question begging because regimes of domination incorporate stability no less than more emancipatory social orders. The choice between official justice embodying domination and radical justice that does not is not arbitrary because it is based on a shared commitment to long term stability. This offers an empirical test of which social orders are more justice, and a prediction that over time, domination will tend to decrease. (shrink)

In this Article, I propose a novel law and economics explanation of a deeply puzzling aspect of business organization in market economies. Why are virtually all firms organized as capital-managed and -owned (capitalist) enterprises rather than as labor-managed and -owned cooperatives? Over 150 years ago, J.S. Mill predicted that efficiency and other advantages would eventually make worker cooperatives predominant over capitalist firms. Mill was right about the advantages but wrong about the results. The standard explanation is that capitalist enterprise is (...) more efficient. Empirical research, however, overwhelmingly contradicts this. But employees almost never even attempt to organize worker cooperatives. I critique the explanations of the three leading analysts of the subject (N. Scott Arnold, Henry Hansmann, and Gregory Dow), all of whom offer are different transactions cost accounts, as logically defective and empirically inadequate. I then propose an explanation that has been oddly neglected in the literature, that the rarity of cooperatives is explained by the collective action problem identified by writers such as Mancur Olson. Labor management is a public good that generates the n-person prisoner’s dilemma which gives rational actors the incentive to create it in suboptimal (or no) amounts. I support this by reference to the empirical facts about the origin of existing cooperatives and show that this explanation requires no strong version of a questionable rational choice theory. This explanation is supplemented by the mere exposure or familiarity effect derived from social and cognitive psychology, which turns on the fact that labor managed firms are rare, in part because of the public goods problem, thus unfamiliar, which makes them less attractive and thus more likely to be rare. My account points advocates of labor management towards solutions such as institutional changes in incentives, which, however, themselves involve public goods issues. (shrink)

Debate about legal and policy reform has been haunted by a pernicious confusion about human nature, the idea that it is a set of rigid dispositions, today generally conceived as genetic, that is manifested the same way in all circumstances. Opponents of egalitarian alternatives argue that we cannot depart far from the status quo because human nature stands in the way. Advocates of such reforms too often deny the existence of human nature because, sharing this conception, they think it would (...) prevent changes they deem desirable. Both views rest on deep errors about what it is to have a nature and how genetics works. Human nature, like the nature of anything else, is a set of potentials to behave certain ways in given environments, not a nonsocial genetic something that inevitably produces the same result in any environment. To say that existing inequalities, are due to our genes, inalterable because heritable, ignores that genetic propensities may be differently manifested in different environments. Heritability has meaning only relative to an environment and a population and implies nothing about inevitability. A better sort of inegalitarian argument is that a proposed reform, given our nature, would be too costly even if possible. However, this sort of argument is too rarely supported by evidence and generally ignores the costs of existing inequalities. But egalitarians err in supposing that, if behavior is unconstrained by biology, the status quo is easily alterable. The environment may be extremely hard to change. Legal and policy debate should adopt a correct understanding of human nature as a set of propensities and ask of any proposed reform agreed to be otherwise desirable what and how alterable are its causes, genetic, environmental, or more accurately both. (shrink)

Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists (...) produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately on having produced something. (A view oddly enough shared with the libertarian right, though the LTP is better support for egalitarian or socialist views; see my From Libertarianism to Egalitarianism, 18 Social Theory & Prac. 259-288 (1992).) -/- I show that the idea that Marx's objection to exploitation is based on injustice or LTP-grounded theft is mistaken. Marx's real objection to exploitation is based on unfreedom, that capitalist relations of production, he thinks, unnecessarily limit human freedom. In the first place Marx is quite clear that he vehemently rejects the concepts of justice, fairness, or rights as bourgeois ideology. It is true that he uses the language of "theft" on occasion, but either a literal interpretation of that language must be abandoned, or his consistent, life-long objection to rights- and justice talk must be given up. Second, the structure, indeed the point, of his analysis of the laws of motion of capitalism, is that capitalists make profits through exploitation of labor -- without cheating -- by the normal "legitimate" operation of the system. Other arguments make the same point. -/- The unfreedom or force-based view, though not necessarily my specific arguments advocated so far is shared by a minority of other writers, such as Nancy Holmstrom and Richard Arneson. What my paper offers that is novel, part from arguments for the foregoing that are different and better than those found elsewhere (although Holmstrom and Arneson are excellent), is an account of in detail of what Marx regards as the real problem with exploitation. -/- I analyze Marx's objection that capitalist exploitation causes unnecessary unfreedom by distinguishing and spelling out three different kinds of freedom that he invokes: classic negative freedom, or noninterference; positive freedom, understood as control over or access to the resources enabling one to exercise one's negative freedom; and "real" freedom, as he puts it, the ability to "give the law to oneself," to regulate one's own activities under rules chosen by oneself, to develop one's capacities by autonomous choice. This puts Marx in the tradition going back through Hegel and Kant to Rousseau, the first express advocate of this idea. The opposite of real freedom, the unfreedom due to lack of autonomy, is alienation. -/- I conclude by stating that I think that justice-based objections to exploitation that avoid Marx's objections to the concept are possible. I do not attempt to spell these out here. I take up that task in my subsequently published paper Relativism, Reflective Equilibrium, and Justice, 17 Legal Stud.,128-168 (1997). -/- The present paper is related to and partly overlaps with my paper In Defense of Exploitation, 11 Econ. & Phil. 49-81 (1995), a critique of John Roemer's equality based account of the nature of exploitation and its wrongness. The research and writing of this paper was financially supported by the philosophy department of The Ohio State University. -/- Keywords: Exploitation, Justice, Unjustice, Theft, Labor Theory of Property, Marx, Freedom, Unfreedom, Rights, Fairness, Critique of Justice, Negative Freedom, Positive Freedom, Real Freedom, Alienation, G.A. Cohen, Norman Geras. (shrink)

A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed (...) by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a point) so that they can manipulate it for profit. Their survival in the marketplace often depends on their competitive success in doing so. The fact that their interventions into nature, driven by class interest, often succeed, is evidence of the reliability and truth of their natural scientific theories. -/- With social science, capitalists have a partial interest in understanding the world, so that they may maintain their class power, ideological hegemony, and a reasonably stable and self-reproducing economy. Some bourgeois social science, Marx thinks, is therefore vindicated the same way that natural science is, because of, not despite, its success in promoting the class interests that cause it. But the capitalist class, Marx thinks, also has an interest in obfuscating the truth about the social world. It would undermine the stability of capitalism, for example, for the bourgeoisie to adopt what Marx thinks to be the correct social theory, Marxism, and proclaim to the world that capitalism is exploitative and unstable. Capitalism creates a a need for ideological social theories that, driven by class interest, represent capitalism as just, natural, inevitable, and unalterable. If Marxism is correct, while these theories may further capitalist interests, they will not withstand the test of time as capitalist exploitation and instability engenders countersystemic political action. -/- How, then can we know, according to Marx, that Marxism is correct, as applied to itself? In part it is whether it succeeds in further the class interests that cause it. If workers adopt bourgeois theories and Marxism is right, they will find themselves frustrated in pursuit of goals that they have, such as improving their well-being, and if Marxism is wrong, then those theories will help them further their own goals. Similarly with Marxism: if it is right, then workers who adopt it should in the long run have more success in furthering their own goals, and if not, then not. But it is question begging to say that our confidence in the reliability of Marxism is enhanced by its successful promotion of goals that capitalists do not have but (according to Marxism) workers do. To avoid this problem it is necessary to compare the relative success of each sort of theory in promoting the interests and needs that the respective classes have independently of the theory, as well as by the usual criteria of scientific theory choice. -/- Thus the Soviet variant of Marxism was fairly decisively refuted by its failure to generate the support of its own designated constituency necessary to grow and survive. Whether the same is true of other varieties of Marxism or of capitalist social theory, it is, as Zhou En Lai said when asked whether the French Revolution had succeeded, too soon to tell, at least in any definitive way. However, and this is the point of the paper, an objective test of Marxism is possible even though Marxism says that all theory is informed by class interest. The question is whether the interests are in discovering or obfuscating the truth. The point is not limited to Marx, but applies to any self-referential social scientific theory that includes itself in its scope. -/- Keywords: ideology, self-referential theory, self-reference, reliabilism, objectivity, Marx, Marxism, sociology of science, class interest, classes, capitalism, bourgeoisie, workers, working class, social theory of knowledge, confirmation of scientific theory. (shrink)

G. A. Cohen defends and Jon Elster criticizes Marxist use of functional explanation. But Elster's mechanical conception of explanation is, contrary to Elster's claims, a better basis for vindication of functional explanation than Cohen's nomological conception, which cannot provide an adequate account of functional explanation. Elster also objects that functional explanation commits us to metaphysically bizarre collective subjects, but his argument requires an implausible reading of methodological individualism which involves an unattractive eliminativism about social phenomena.

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes (...) to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

Roemer's attempt to undermine the normative reasons that Marxists have thought exploitation important (domination, alienation, and inequality) is vitiated by several crucial errors. First, Roemer ignores the dimension of freedom which is Marx's main concern and replaces it with an interest in justice, which Marx rejected. This leads him to misconstrue the nature of exploitation as Marx understands it. Second, his procedure for disconnecting these evils from exploitation, or denying their importance, involves the methodological assumption that exploitation must strictly imply (...) these evils. He thus fails to see that exploitation may 'cause' domination, alienation, and inequality; this assumption and the focus on justice also lead him to overlook the sort of alienation that is most important to Marx and the way exploitation, as Marx understands it, does imply coercion. Roemer's alternative conception of exploitation thus fails to capture basic Marxist normative and explanatory concerns. But Roemer's insistence on the importance of justice and the need for an articulated alternative to capitalism are a necessary supplement to a Marxist account. (shrink)

This paper critiques the view, widely held by philosophers of mind and cognitive scientists, that psychological explanation is a matter of ascribing propositional attitudes (such as beliefs and desires) towards language-like propositions in the mind, and that cognitive mental states consist in intentional attitudes towards propositions of a linguistic quasi-linguistic nature. On this view, thought is structured very much like a language. Denial that propositional attitude psychology is an adequate account of mind is therefore, on this view, is tantamount to (...) eliminative materialism, the denial that human beings are thinking beings. -/- I dispute this on the basis of recent work in cognitive psychology and artificial intelligence. Mental models theory, on which thought is better understood as nonpropositional intentional psychology, accords better with the evidence and offers an alternative view to propositional attitude psychology -- one that means that the denial that that is propositional is not eliminative. However, I argue that propositional attitude psychology is a useful idealization, as classical mechanics is of relativity theory, strictly but not radically false, and useful for prediction and indeed, as long as its idealized character is born in mind, for explanation of behavior. (shrink)

A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John Locke (...) and Robert Nozick. Locke saw and Nozick agreed that fairness to others requires a proviso: that I leave "enough and as good" for others. The same considerations apply to legitimate acquisition by voluntary exchange, gift, or bequeathal. -/- This sort of argument has been critiqued for the purely hypothetical and counterfactual nature of its premises, for the coherence of the idea of self-ownership, for the notion that mixing what I own with what I do not gives me a right in what I do not rather than wasting what I own, and for the unacceptably cruel and heartless consequences of adopting it, among other reasons. -/- However, I accept the premises and waive (though note) these objections, and formulate a new objection, showing that to give me a right in what I do not own, the labor theory of property requires a commitment to a right to what I need. I distinguish several senses of need and show that the sense of need the argument requires is "use need," the need I have to to use something to exercise my labor on it. This turns out to have a startling counter-intuitive result: the libertarian principle, so understood, turns out to be "to each according to his needs," which Marx identified as the principle of the highest phase of communism as he understood it. If communism is understood as in some sense egalitarian, this argument for libertarianism turns itself inside out into an argument for egalitarian communism. Libertarians therefore cannot use the Labor Theory of Property to defend the positions they typically wish to hold. (shrink)

Philosophers have argued that on the prevailing theory of mind, functionalism, the fact that mental states are multiply realizable or can be instantiated in a variety of different physical forms, at least in principle, shows that materialism or physical is probably false. A similar argument rejects the relevance to psychology of connectionism, which holds that mental states are embodied and and constituted by connectionist neural networks. These arguments, I argue, fall before reductios ad absurdam, proving too much -- they apply (...) as well to genes, which are multiply realizable, but the reduction of which to DNA is one the core cases of scientific reductive explanation, a reduction if anything is. -/- I suggest that psychology, like biology, be what I call "provincialized," abandon claims to universal validity, except as an idealization, and treat different classes of cognizers differently from an an explanatory perspective. This would permit specifies specific, or more precisely, provincial reductions of different psychologies that might be multiply realized if such reductions were available. Connectionism may be the foundation of a reduction of human psychology, and thus biology and connectionism retain their relevance to psychology, and physicalism or materialism is consistent with functionalism. (shrink)

The Negation Problem states that expressivism has insufficient structure to account for the various ways in which a moral sentence can be negated. We argue that the Negation Problem does not arise for expressivist accounts of all normative language but arises only for the specific examples on which expressivists usually focus. In support of this claim, we argue for the following three theses: 1) a problem that is structurally identical to the Negation Problem arises in non-normative cases, and this problem (...) is solved once the hidden quantificational structure involved in such cases is uncovered; 2) the terms ‘required’, ‘permissible’, and ‘forbidden’ can also be analyzed in terms of hidden quantificational structure, and the Negation Problem disappears once this hidden structure is uncovered; 3) the Negation Problem does not arise for normative language that has no hidden quantificational structure. We conclude that the Negation Problem is not really a problem about expressivism at all but is rather a feature of the quantificational structure of the required, permitted, and forbidden. (shrink)

One problem for Molinism that critics of the view have pressed, and which Molinists have so far done little to address, is that even if there are true counterfactuals of freedom, it is puzzling how God could possibly know them. I defuse this worry by sketching a plausible model of the mechanics of middle knowledge which draws on William Alston’s direct acquaintance account of divine knowledge.

Margaret MacDonald (1907–56) was a central figure in the history of early analytic philosophy in Britain due to both her editorial work as well as her own writings. While her later work on aesthetics and political philosophy has recently received attention, her early writings in the 1930s present a coherent and, for its time, strikingly original blend of common-sense and scientific philosophy. In these papers, MacDonald tackles the central problems of philosophy of her day: verification, the problem of induction, and (...) the relationship between philosophical and scientific method. MacDonald’s philosophy of science starts from the principle that we should carefully analyse the elements of scientific practice (particularly its temporal features) and the ways that scientists describe that practice. That is, she applies the techniques of ordinary language philosophy to actual scientific language. MacDonald shows how ‘scientific common-sense’ is inconsistent with both of the dominant schools of philosophy of her day. Bringing MacDonald back into the story of analytic philosophy corrects the impression that in early analytic philosophy, there are fundamental dichotomies between the style of Moore and Wittgenstein, on the one hand, and the Vienna Circle on the other. (shrink)

It is widely agreed that the intelligibility of modal metaphysics has been vindicated. Quine's arguments to the contrary supposedly confused analyticity with metaphysical necessity, and rigid with non-rigid designators.2 But even if modal metaphysics is intelligible, it could be misconceived. It could be that metaphysical necessity is not absolute necessity – the strictest real notion of necessity – and that no proposition of traditional metaphysical interest is necessary in every real sense. If there were nothing otherwise “uniquely metaphysically significant” about (...) metaphysical necessity, then paradigmatic metaphysical necessities would be necessary in one sense of “necessary”, not necessary in another, and that would be it. The question of whether they were necessary simpliciter would be like the question of whether the Parallel Postulate is true simpliciter – understood as a pure mathematical conjecture, rather than as a hypothesis about physical spacetime. In a sense, the latter question has no objective answer. In this article, I argue that paradigmatic questions of modal metaphysics are like the Parallel Postulate question. I then discuss the deflationary ramifications of this argument. I conclude with an alternative conception of the space of possibility. According to this conception, there is no objective boundary between possibility and impossibility. Along the way, I sketch an analogy between modal metaphysics and set theory. (shrink)

Perhaps the most fundamental disagreement concerning Nietzsche's view of metaphysics is that some commentators believe Nietzsche has a positive, systematic metaphysical project, and others deny this. Those who deny it hold that Nietzsche believes metaphysics has a special problem, that is, a distinctively problematic feature that distinguishes metaphysics from other areas of philosophy. In this paper, I investigate important features of Nietzsche's metametaphysics in order to argue that Nietzsche does not, in fact, think metaphysics has a special problem. The result (...) is that, against a long-standing view held in the literature, we should be reading Nietzsche as a metaphysician. (shrink)

Both in everyday life and in moral philosophy, many think that our own past wrongdoing can undermine our standing to indignantly blame others for similar wrongdoing. In recent literature on the ethics of blame, we find two different kinds of explanation for this. Relative moral status accounts hold that to have standing to blame, you must be better than the person you are blaming, in terms of compliance with the norm. Fault-based accounts hold that those who blame others for things (...) of which they are also guilty exhibit familiar moral faults, such as making an exception of oneself, and that these faults explain why they lack standing. I argue in support of relative moral status accounts, showing that they both better trace our practice of dismissing blame on the basis of lack of standing, and that they have more explanatory resources than has been appreciated. (shrink)

Epistemicists claim that vague predicates have precise but unknow- able cutoffs. I argue against against the standard, Williamsonian, answer, that appeals to metalinguistic safety: we can know that p even if our true belief that p is metalinguistically lucky. I then propose that epistemicists should be diagonalized epistemicists and show how this alternative formulation of the view avoids the chal- lenge. However, in an M. Night Shyamalan-style twist, I then argue we should not be diagonalized epistemicists either.

The overall moral status of an option—whether it is required, permissible, forbidden, or something we really should do—is explained by competition between the contributory reasons bearing on that option and the alternatives. A familiar challenge for accounts of this competition is to explain the existence of latitude: there are usually multiple permissible options, rather than a single required option. One strategy is to appeal to distinctions between reasons that compete in different ways. Philosophers have introduced various kinds of non-requiring reasons (...) that do not generate requirements, even if they win the competition. This paper rejects two familiar versions of this strategy, one appealing to merely justifying reasons and one appealing to merely commendatory reasons. It offers a new account of how reasons compete that instead appeals to a sharp distinction between the reasons against an option and the reasons for the alternatives to that option. (shrink)

The objective of this work is to explore the notion of “action” and “agency” in artificial intelligence (AI). It employs a metaphysical notion of action and agency as an epistemological tool in the critique of the notion of “action” and “agency” in artificial intelligence. Hence, both a metaphysical and cognitive analysis is employed in the investigation of the quiddity and nature of action and agency per se, and how they are, by extension employed in the language and science of artificial (...) intelligence. The advent of the science of artificial intelligence and cognitive science, and the technological applications of artificial intelligence in the production of agents such as driverless cars and expert systems, have raised the question of moral, ethical and/or legal responsibility in AI agents. This has re-emphasized the importance of the philosophical discourse on the notions of action and agency, which in contemporary intellectual discourse are now perceived to be phenomena within the epistemic competence of the natural sciences. This paper argues that AI systems do not and cannot possess free agency and autonomy, thus cannot be morally and ethically responsible, hence, it recommends a socio-political response to the question of responsibility in AI. It is then the duty of individual nations, or the global community to define and enact policies on who shoulders the responsibility of actions executed by AIs. (shrink)

In this paper, I argue that absences pose a challenge to our understanding of physicalism that has not been properly appreciated. I do this by setting out a thought experiment involving a being in whom absence properties occupy the causal roles that functionalists take to define mental properties, in which case these absence properties realize the being’s mental properties. Such a being should be compatible with the truth of physicalism, I argue, even though its mental properties are neither themselves physical (...) properties nor are they realized/grounded in physical properties—instead, they are realized/grounded in (nonphysical) absence properties. I argue that the case serves as a counterexample to leading formulations of physicalism that appeal to realization or grounding, but not to standard supervenience-based formulations of physicalism, because the latter typically include negative truths in their supervenience base in addition to physical truths. I show how realization- and grounding-based formulations of physicalism might be revised to handle the problem, but also recommend that we rethink how we understand physicalism and the role that negative entities can play for physicalists. (shrink)

In this chapter, I explicate several general views and arguments that bear on the notion and contemporary theories of human welfare, as found in two foundational Daoist texts, the Daodejing and the Zhuangzi. Ideas drawn from the Daodejing include its objections to desire theories of human welfare and its distinction between natural and acquired desires. Insights drawn from the Zhuangzi include its arguments against the view that death is bad for the dead, its attempt to develop a workable theory of (...) well-being for those who are skeptical about such theories, and the prudential benefits of what I call "philosophical double-vision.". (shrink)

Because anticipated and retrospective regret play important roles in practical deliberation and motivation, better understanding them can illuminate the contours of human agency. However, the possibility of self-ignorance and the fact that we change over time can make regret—especially anticipatory regret—not only a poor predictor of where the agent will be in the future but also an unreliable indicator of where the agent stands. Granting these, this paper examines the way in which prospective and, particularly, retrospective regret can nevertheless yield (...) important insight into the sorts of creatures we are, both generally and individually. The experience of retrospective regret can show a person she values something in a way she did not know or that she is (or was) a different person than she had thought, insights which can factor into forward-looking, or prospective, deliberation. Such instances of revelatory regret reveal something to the agent about herself as agent. I examine two cases of agential self-ignorance. In the first, the experience of regret reveals what the agent values, not only to others but even to the agent himself. In the second, the agent anticipates experiencing regret for an action but does not experience the regret, suggesting that the agent did not value the rejected alternative in the way she thought. Anticipatory regret is forward-looking and can play an important role in practical deliberation. But insofar as anticipatory regret flows from one’s imperfect judgment and prospection about oneself, retrospective regret can be an important corrective in helping the agent understand her own standpoint. (shrink)

Moral grandstanding, or the use of moral talk for self-promotion, is a threat to free expression. When grandstanding is introduced in a public forum, several ideals of free expression are less likely to be realized. Popular views are less likely to be challenged, people are less free to entertain heterodox ideas, and the cost of changing one’s mind goes up.

Recently, some authors have argued that experiences of poignant evils provide non-inferential support for crucial premisses in arguments from evil. Careful scrutiny of these experiences suggests that the impermissibility of permitting a horrendous evil might be characterized by a deontological insensitivity to consequences. This has significant implications for the project of theodicy.

The W-defense is among the most prominent arguments for the principle of alternative possibilities (PAP). Here I offer some considerations in support of the W-defense and respond to what I see as the most forceful objections to it to date. My response to these objections invokes the well-known flicker of freedom response to Frankfurt cases. I argue that the W-defense and the flicker response are mutually reinforcing and together yield a compelling defense of PAP.

Russellian monists argue that non-structural properties, or a combination of structural and non-structural properties, necessitate phenomenal properties. Different Russellian monists offer varying accounts of the structural/non-structural distinction, leading to divergent forms of Russellian monism. In this paper, I criticise Derk Pereboom’s characterisation of the structural/non-structural distinction proposed in his Consciousness and the Prospects of Physicalism and further work. I argue that from Pereboom’s characterisation of structural and non-structural properties, one can formulate general metaphysical principles concerning what structural and non-structural properties (...) necessitate. These principles undermine the claim that non-structural properties – either alone or in combination with structural properties – necessitate phenomenal properties. Moreover, these principles are not affected by our supposed inability to conceive of non-structural properties in a manner conducive to the success of conceivability arguments. (shrink)

This chapter is about issues in ethics and moral psychology that have been little explored by contemporary philosophers, ones that concern the advantages and disadvantages of two different kinds of empathy. Roughly, first type is what is sometimes called “other-focused” empathy, in which one reconstructs the thoughts and feelings that someone else has or would have. The second type, “self-focused” empathy, is the sort of emotional attitude someone adopts when she imagines how she would think or feel were she in (...) the other person’s place. Both are variants of empathy, for both have to do with having thoughts and feelings that are more apt, in the relevant senses, for someone else’s circumstances than one’s own. But they differ with respect to how much one makes substantial reference to oneself in order to elicit those thoughts and feelings. Some influential philosophers and psychologists have taken note of the distinction, but none have engaged the issues as thoroughly as did Zhu Xi and his students in twelfth century, largely in a series of commentaries and conversations that have yet to be translated into Western languages. The aim of this chapter is to explicate Zhu’s view about self- and other-focused empathy as he characterized them, reconstruct his arguments for his view, and then discuss some of the implications for ethics and moral psychology more generally. Zhu’s position in brief is that self-focused empathy is—for flawed moral agents like ourselves—a necessary and useful means by which we can better understand and care for others, but that ultimately it is the ladder we must kick away in favor of purely other-focused empathy. (shrink)

Libertarianism about free will conjoins the thesis that free will requires indeterminism with the thesis that we have free will. Here the claim that we have experiential evidence for the libertarian position is assessed. It is argued that, on a straightforward reading, the claim is false, for our experiences as agents don't support the claim that free will requires indeterminism. However, our experiences as agents may still have a role to play in an overall case for libertarianism, insofar as they (...) give us some (defeasible) reason to think that we have free will. This latter claim is defended against a pair of objections that have been leveled against it. (shrink)

In the first book of the Prior Analytics, Aristotle sets out, for the first time in Greek philosophy, a logical system. It consists of a deductive system (I.4-22), meta-logical results (I.23-26), and a method for finding and giving deductions (I.27-29) that can apply in “any art or science whatsoever” (I.30). After this, Aristotle compares this method with Plato’s method of division, a procedure designed to find essences of natural kinds through systematic classification. This critical comparison in APr I.31 raises an (...) interpretive puzzle: how can Aristotle reasonably juxtapose two methods that differ so much in their aims and approach? What can be gained by doing so? Previous interpreters have failed to show how this comparison is legitimate or what important point Aristotle is making. The goal of this paper is to resolve the puzzle. In resolving this puzzle we not only learn more about the relationship be- tween division and the syllogistic in Aristotle. We will also learn something about the motivation for the syllogistic itself, by seeing the role that it plays in his philosophy of science. (shrink)

This paper argues that to negate the ontological difference between the natural and the artificial, is not plausible; nor is the reduction of the natural to the artificial or vice versa possible. Except if one intends to empty the semantic content of the terms and notions: “natural” and “artificial.” Most philosophical discussions on Artificial Intelligence (AI) have always been in relation to the human person, especially as it relates to human intelligence, consciousness and/or mind in general. This paper, intends to (...) broaden the conversation, by discussing AI in relation to the notions of “nature” and the “artificial.” This intention is to more critically understand the artificiality in and of artificial intelligence. To achieve this, the notion of “nature” in Aristotle’s Philosophy of Nature, has been employed as an epistemological tool in interrogating the notion of the artificial and the objectives of the science and technology of Artificial Intelligence. (shrink)

In recent years, a number of commentators have expressed dissatisfaction with Spinoza’s account of practical reason. In this paper, I defend his account against the most prominent objections, showing that the dictates of reason play an important role in guiding thought and action. However, against the standard interpretation, I propose that we view these rules not as exceptionless, instrumental prescriptions—hypothetical imperatives with necessary antecedents, as Curley memorable put it—but rather as adaptable guideposts that aid us in the complex, dynamic process (...) of acquiring a habit of virtue. The dictates of reason are best understood as defeasible policies that help to orient one in the ars vivendi. (shrink)

The phasalist solution to the puzzle of the statue and the piece of clay claims that being a statue is a phase sortal property of the piece of clay, just like being a child is a phase sortal property of a human being. Some philosophers reject this solution because it cannot account for cases where the statue seems to gain and lose parts that the piece of clay does not. I rebut this objection by arguing, contrary to the prevailing view, (...) that the piece of clay is not mereologically constant and might even be highly mereologically flexible. (shrink)

In Book I of his Nicomachean Ethics (NE), Aristotle defines happiness, or eudaimonia, in accordance with an argument he makes regarding the distinctive function of human beings. In this paper, I argue that, despite this argument, there are moments in the NE where Aristotle appeals to elements of happiness that don’t follow from the function argument itself. The place of these elements in Aristotle’s account of happiness should, therefore, be a matter of perplexity. For, how can Aristotle appeal to elements (...) of happiness not entailed by his argument for what happiness involves? I will examine two instances that exemplify the sort of appeal to outside elements that I have in mind. The first deals with Aristotle’s reference, in NE, I, 8, to certain goods—ancestry, children, beauty—goods unrelated to man’s function or his fulfillment of it, but nevertheless required for his happiness. The second instance involves pleasure. Aristotle makes various arguments, both in Books I and X of the NE, that tie pleasure to the activity of the soul, and the function argument in turn. However, none of these arguments succeeds in demonstrating that pleasure would necessarily follow from this activity. Taken together then, these two examples demonstrate the extent to which Aristotle’s definition of happiness is more inclusive than his function argument permits. (shrink)

Collaboration is increasingly popular across academia. Collaborative work raises certain ethical questions, however. How will the fruits of collaboration be divided? How will the work for the collaborative project be split? In this paper, we consider the following question in particular. Are there ways in which these divisions systematically disadvantage certain groups? -/- We use evolutionary game theoretic models to address this question. First, we discuss results from O'Connor and Bruner (unpublished). In this paper, we show that underrepresented groups in (...) academia can be disadvantaged in such situations by dint of their small numbers. Second, we present novel results exploring how the hierarchical structure of academia can lead to bargaining disadvantage. We investigate models where one actor has a higher baseline of academic success, less to lose if collaboration goes south, or greater rewards for non-collaborative work. We show that in these situations, the less powerful partner is disadvantaged in bargaining over collaboration. (shrink)

ABSTRACT One simple but relatively neglected solution to the notorious coincidence puzzle of the statue and the piece of clay claims that the property of being a statue is a phase sortal property that the piece of clay instantiates temporarily. I defend this view against some standard objections, by reinforcing it with a novel counterpart-theoretic account of identity under a sortal. This proposal does not require colocation, four-dimensionalism, eliminativism, deflationism, or unorthodox theses about classical identity.

ABSTRACT It’s often assumed, especially in discussions of free will and moral responsibility, that unavoidable actions are possible. In recent years, however, several philosophers have questioned that assumption. Their views are considered here, and the possibility of unavoidable actions is defended and then applied to issues in action theory and in the literature on moral responsibility.

Benedict de Spinoza is one of the most controversial and enigmatic thinkers in the history of philosophy. His greatest work, Ethics (1677), developed a comprehensive philosophical system and argued that God and Nature are identical. His scandalous Theological-Political Treatise (1670) provoked outrage during his lifetime due to its biblical criticism, anticlericalism, and defense of the freedom to philosophize. Together, these works earned Spinoza a reputation as a singularly radical thinker. -/- In this book, Steinberg and Viljanen offer a concise and (...) up-to-date account of Spinoza’s thought and its philosophical legacy. They explore the full range of Spinoza’s ideas, from politics and theology to ontology and epistemology. Drawing broadly on Spinoza’s impressive oeuvre, they have crafted a lucid introduction for readers unfamiliar with this important philosopher, as well as a nuanced and enlightening study for more experienced readers. (shrink)

I introduce a new approach to fission puzzles called the Diversified Approach that proceeds by distinguishing different kinds of fission and assimilating each kind to a different ordinary phenomenon, such as breaking apart, replication, or part loss. To illustrate this approach, I apply it to the case of amoebic fission. The upshot is a novel account of amoebic fission according to which the dividing amoeba ceases to exist because it breaks apart. After developing this solution and highlighting some of its (...) advantages, I discuss briefly how the Diversified Approach can be extended to other varieties of fission. (shrink)

This paper is a critique of the culture, method and end of education today. It claims that education today does not aim at the integral formation and cultivation of a person. Put differently, it claims that philosophy of education critically speaking ought to be a kind of eudaimonism. Education ought to be fundamentally about the Ultimate good of the human person, and the task of philosophy of education is to critically establish and direct education towards the ultimate good of the (...) human person. Philosophy of Education in a very simple but fundamental sense, is a critical attempt to understand the foundation of education, that is to say, the nature and the end of education. What kind of education ought to be given to children in a city or nation-state, has been an ancient question in different civilizations. This work, is not only a critique of contemporary educational systems, but also a call for a philosophy of education that fundamentally connects education with the Good or Happy life. Hence, this research is an investigation on a philosophical education that is based on the eudaimonistic principle initiated by Plato and Aristotle and sustained by the philosophers of antiquity, such as the Epicureans and the Stoics. It also expounds ancient Chinese philosophy, to sustain the argument that an eudaimonistic philosophy of education has a universal effect and application. (shrink)

Symposium on Nietzsche's Constructivism (Routledge, 2018), replies to Adler, Cabrera, Doyle, Migotti, Sinhababu, Pedersen.

Recent work in cognitive science of religion (CSR) is beginning to converge on a very interesting thesis—that, given the ordinary features of human minds operating in typical human environments, we are naturally disposed to believe in the existence of gods, among other religious ideas (e.g., seeAtran [2002], Barrett [2004; 2012], Bering [2011], Boyer [2001], Guthrie [1993], McCauley [2011], Pyysiäinen [2004; 2009]). In this paper, we explore whether such a discovery ultimately helps or hurts the atheist position—whether, for example, it lends (...) credence to atheism by explaining away religious belief or whether it actually strengthens some already powerful arguments against atheism in the relevant philosophical literature.We argue that the recent discoveries of CSR hurt, not help, the atheist position—that CSR, if anything, should not give atheists epistemic assurance. (shrink)

Many philosophers believe that the criteria of identity over time for ordinary objects entail that such objects are permanent members of certain sortal kinds. The sortal kinds in question have come to be known as substance sortal kinds. But in this article, I defend a criterion of identity that is suited to phasalism, the view that alleged substance sortals are in fact phase sortals. The criterion I defend is a sortal‐weighted version of a change‐minimizing criterion first discussed by Eli Hirsch. (...) I present this criterion and then argue that it withstands attempts to show that it is inferior to non‐phasalist rivals. (shrink)

In this paper we use an experimental approach to investigate how linguistic conventions can emerge in a society without explicit agreement. As a starting point we consider the signaling game introduced by Lewis. We find that in experimental settings, small groups can quickly develop conventions of signal meaning in these games. We also investigate versions of the game where the theoretical literature indicates that meaning will be less likely to arise—when there are more than two states for actors to transfer (...) meaning about and when some states are more likely than others. In these cases, we find that actors are less likely to arrive at strategies where signals have clear conventional meaning. We conclude with a proposal for extending the use of the methodology of experimental economics in experimental philosophy. (shrink)

One paradigmatic argument from evil against theism claims that, (1) if God exists, then there is no gratuitous evil. But (2) there is gratuitous evil, so (3) God does not exist. I consider three deontological strategies for resisting this argument. Each strategy restructures existing theodicies which deny (2) so that they instead deny (1). The first two strategies are problematic on their own, but their primary weaknesses vanish when they are combined to form the third strategy, resulting in a promising (...) new approach to the problem of evil. (shrink)

Mainstream teleosemantics is the view that mental representation should be understood in terms of biological functions, which, in turn, should be understood in terms of selection processes. One of the traditional criticisms of teleosemantics is the problem of novel contents: how can teleosemantics explain our ability to represent properties that are evolutionarily novel? In response, some have argued that by generalizing the notion of a selection process to include phenomena such as operant conditioning, and the neural selection that underlies it, (...) we can resolve this problem. Here, we do four things: we develop this suggestion in a rigorous way through a simple example, we draw on recent neurobiological research to support its empirical plausibility, we defend the move from a host of objections in the literature, and we sketch how the picture can be extended to help us think about more complex “conceptual” representations and not just perceptual ones. (shrink)

Moral grandstanding is a pervasive feature of public discourse. Many of us can likely recognize that we have engaged in grandstanding at one time or another. While there is nothing new about the phenomenon of grandstanding, we think that it has not received the philosophical attention it deserves. In this essay, we provide an account of moral grandstanding as the use of public discourse for moral self-promotion. We then show that our account, with support from some standard theses of social (...) psychology, explains the characteristic ways that grandstanding is manifested in public moral discourse. We conclude by arguing that there are good reasons to think that moral grandstanding is typically morally bad and should be avoided. (shrink)