The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...) law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...) and function when its key officials reject the reason-giving character of law, then we have a reason to re-examine and amend legal positivism. (shrink)

If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...) enable subjects to comply better with reasons that already apply to them. Hence, the service conception bases the legitimacy of practical authority on a certain kind of greater knowledge or expertise. This helps to focus the conundrum regarding complicity on the clash of expertise between the medical expert and the governing body tasked with coordinating behaviour and otherwise devising rules for the social good. The ethical dilemma presented by a hypothetically legitimate directive to act against a professional's best medical judgment also serves to highlight the moral dimension of one's duty to obey a legitimate authority. (shrink)

Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.

In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, admitting universal (...) admissibility would be the best policy for an ideal jury. This article uses the theory of epistemic contextualism to justify the exclusion of otherwise relevant evidence, and even reliable hearsay, on the basis of preventing shifts in the epistemic context. Epistemic contextualism holds that the justification standards of knowledge attributions change according to the contexts in which the attributions are made. Hearsay and other kinds of information the assessment of which rely upon fact finders’ more common epistemic capabilities push the epistemic context of the trial toward one of more relaxed epistemic standards. The exclusion of hearsay helps to maintain a relatively high standards context hitched to the standard of proof for the case and to prevent shifts that threaten to try defendants with inconsistent standards. (shrink)

I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.

Scott Shapiro’s theory that law is a social plan is helpful in seeing law essentially as a tool of human creation and as such is sympathetic to understanding law in terms of the social functions it performs, a method I argue for elsewhere. I focus here on two problems with the theory as presented. The planning theory does not adequately explain the persistence of law beyond the utility of those who implement it. Generally, plans can cease to exist as soon (...) as those engaged in them have no more use for them. Laws however, must usually be declared invalid or otherwise nullified for them to have no further effect. Shapiro’s use of self-certification to explain how law is differentiated from other forms of social planning is ad hoc and threatens circularity when he admits it to be a matter of degree. Both of these issues can be better solved by seeing law as an institutionalised abstract artefact, with a greater emphasis upon the nature of institutions doing much of the work done by the idea of planning. (shrink)

Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to pre-empt (...) our contrary reasons and to leave open spaces or catch-all exceptions which we must use our own devices to fill. (shrink)

Economic success in competitive systems requires resource redistribution to those who fail. Once we recognize that success in competitive endeavors depends meaningfully on the failure of others, policy implications that involve strong redistributive mechanisms should be drawn. Particular attention is paid to the role of education in fostering a sense of self-esteem necessary to counter the effects of internalized competition.

The Adverse Outcome Pathway (AOP) concept is a knowledge assembly and communication tool to facilitate the transparent translation of mechanistic information into outcomes meaningful to the regulatory assessment of chemicals. The AOP framework and associated knowledgebases (KBs) have received significant attention and use in the regulatory toxicology community. However, it is increasingly apparent that the potential stakeholder community for the AOP concept and AOP KBs is broader than scientists and regulators directly involved in chemical safety assessment. In this paper we (...) identify and describe those stakeholders who currently—or in the future—could benefit from the application of the AOP framework and knowledge to specific problems. We also summarize the challenges faced in implementing pathway-based approaches such as the AOP framework in biological sciences, and provide a series of recommendations to meet critical needs to ensure further progression of the framework as a useful, sustainable and dependable tool supporting assessments of both human health and the environment. Although the AOP concept has the potential to significantly impact the organization and interpretation of biological information in a variety of disciplines/applications, this promise can only be fully realized through the active engagement of, and input from multiple stakeholders, requiring multi-pronged substantive long-term planning and strategies. (shrink)

Since the publication of Kenneth Howard’s 2017 article, “The Religion Singularity: A Demographic Crisis Destabilizing and Transforming Institutional Christianity,” there has been an increasing demand to understand the root causes and historical foundations for why institutional Christianity is in a state of de-institutionalization. In response to Howard’s research, a number of authors have sought to provide a contextual explanation for why the religion singularity is currently happening, including studies in epistemology, church history, psychology, anthropology, and church ministry. The purpose (...) of this article is to offer a brief survey and response to these interactions with Howard’s research, identifying the overall implications of each researcher’s perspective for understanding the religion singularity phenomenon. It explores factors relating to denominational switching in Jeshua Branch’s research, social memory in John Lingelbach’s essay, religious politics in Kevin Seybold’s survey, scientific reductionism in Jack David Eller’s position paper, and institutional moral failure in Brian McLaren’s article. (shrink)

To improve oneself and grow professionally, career development has been found to be crucial, as it serves as a roadmap for the professional growth of employees. However, a barrier, known as the glass ceiling, hinders the progress of employees, especially those in the LGBTQIA+ community. This study explores the impact of the glass ceiling on the career development of selected LGBTQIA+ individuals, shedding light on the barriers faced by this community in the workplace. The researchers used a qualitative multiple-case study (...) and selected ten (10) LGBTQIA+ participants from large enterprises via the judgmental sampling technique. Through thematic analysis, psychological impact, workplace discomfort, lack of recognition, and career progress challenges emerged as the impacts of the glass ceiling on the participants. Strategies for overcoming glass ceiling barriers, such as resilience, self-reflection, and community support, are identified. Thus, the study found that glass ceilings are really evident in the context of businesses. With this, the proposed advocacy plan in the study suggests interventions like workplace inclusion training, mentorship networks, and seminars on employee rights. Furthermore, it emphasizes the call for ongoing research and advocacy efforts to dismantle barriers and cultivate workplaces that not only embrace diversity but also provide equitable opportunities for career growth. (shrink)

This paper explores the logical consequences of the the thesis that all of the essential properties of consciousness can be known introspectively (Completeness, called "Strong Transparency" in the paper, following D.M. Armstrong's older terminology). It is argued that it can be known introspectively that consciousness does not have complete access to its essential properties; and it is show how this undermines conceivability arguments for dualism.

In this essay, we consider the formal and ontological implications of one specific and intensely contested dialectical context from which Deleuze’s thinking about structural ideal genesis visibly arises. This is the formal/ontological dualism between the principles, ἀρχαί, of the One (ἕν) and the Indefinite/Unlimited Dyad (ἀόριστος δυάς), which is arguably the culminating achievement of the later Plato’s development of a mathematical dialectic.3 Following commentators including Lautman, Oskar Becker, and Kenneth M. Sayre, we argue that the duality of the One (...) and the Indefinite Dyad provides, in the later Plato, a unitary theoretical formalism accounting, by means of an iterated mixing without synthesis, for the structural origin and genesis of both supersensible Ideas and the sensible particulars which participate in them. As these commentators also argue, this duality furthermore provides a maximally general answer to the problem of temporal becoming that runs through Plato’s corpus: that of the relationship of the flux of sensory experiences to the fixity and order of what is thinkable in itself. Additionally, it provides a basis for understanding some of the famously puzzling claims about forms, numbers, and the principled genesis of both attributed to Plato by Aristotle in the Metaphysics, and plausibly underlies the late Plato’s deep considerations of the structural paradoxes of temporal change and becoming in the Parmenides, the Sophist, and the Philebus. After extracting this structure of duality and developing some of its formal, ontological, and metalogical features, we consider some of its specific implications for a thinking of time and ideality that follows Deleuze in a formally unitary genetic understanding of structural difference. These implications of Plato’s duality include not only those of the constitution of specific theoretical domains and problematics, but also implicate the reflexive problematic of the ideal determinants of the form of a unitary theory as such. We argue that the consequences of the underlying duality on the level of content are ultimately such as to raise, on the level of form, the broader reflexive problem of the basis for its own formal or meta-theoretical employment. We conclude by arguing for the decisive and substantive presence of a proper “Platonism” of the Idea in Deleuze, and weighing the potential for a substantive recuperation of Plato’s duality in the context of a dialectical affirmation of what Deleuze recognizes as the “only” ontological proposition that has ever been uttered. This is the proposition of the univocity of Being, whereby “being is said in the same sense, everywhere and always,” but is said (both problematically and decisively) of difference itself. (shrink)

This forum contribution addresses two major themes in de Goede’s original essay on ‘Financial security’: (1) the relationship between stable markets and the proverbial ‘security dilemma’; and (2) the development of new decision-technologies to address risk in the post-World War II period. Its argument is that the confluence of these two themes through rational choice theory represents a fundamental re-evaluation of the security dilemma and its relationship to the rule of law governing market relations, ushering in an era of perpetual (...) physical and financial insecurity. (shrink)

This review essay of Economics Rules situates Dani Rodrik’s contribution with respect to the 2007–2008 global economic crisis. This financial meltdown, which the eurozone did not fully recover from before the Covid-19 pandemic, led to soul- searching among economists as well as a call for heterodox economic approaches. Yet, over the past decade, instead the economics profession has maintained its orthodoxy. Rodrik’s Economics Rules offers a critique of the economics profession that is castigating but mild. It calls for economists to (...) use more and diverse models without becoming wedded to any single model or an overarching vision. Yet Rodrik ratifies many of the benchmark models standard to orthodox economics and provides little ground for a fundamental rethinking of the discipline. This essay analyses the conservatism underlying Rodrik’s approach, which upholds general equilibrium theory and rational expectations underlying the efficient market hypothesis. It argues that the economics discipline’s scope-creep to maintain its applicability to all human decision-making, and its acceptance of all-inclusive utility functions, crowds out moral sentiments and civic virtue. Thus. it argues that rather than urging economists simply to be more cautious in their application of models to address particular social concerns, instead economists must recognise their discipline’s inherent limitations. (shrink)

Groups behave in a variety of ways. To show that this behavior amounts to action, it would be best to fit it into a general account of action. However, nearly every account from the philosophy of action requires the agent to have mental states such as beliefs, desires, and intentions. Unfortunately, theorists are divided over whether groups can instantiate these states—typically depending on whether or not they are willing to accept functionalism about the mind. But we can avoid this debate. (...) I show how a more general view of action captures what is central to action without mentioning mental states, and I argue that a group’s members can fulfill the role in group action that mental states play in our actions. Group behavior is explicable in terms of reasons, regardless of whether the group itself cognizes those reasons. After discussing the kind of reasons at issue and arguing that groups can act in light of them without minds, I assess how this account bears on the question of group responsibility. (shrink)

This Open Access book provides both a broad perspective and a focused examination of cow care as a subject of widespread ethical concern in India, and increasingly in other parts of the world. In the face of what has persisted as a highly charged political issue over cow protection in India, intellectual space must be made to bring the wealth of Indian traditional ethical discourse to bear on the realities of current human-animal relationships, particularly those of humans with cows. Dharma, (...) yoga, and bhakti paradigms serve as starting points for bringing Hindu--particularly Vaishnava Hindu--animal ethics into conversation with contemporary Western animal ethics. The author argues that a culture of bhakti--the inclusive, empathetic practice of spirituality centered in Krishna as the beloved cowherd of Vraja--can complement recently developed ethics-of-care thinking to create a solid basis for sustaining all kinds of cow care communities. (shrink)

The explosive growth in computational power over the past several decades offers new tools and opportunities for economists. This handbook volume surveys recent research on Agent-based Computational Economics (ACE), the computational study of economic processes modeled as open-ended dynamic systems of interacting agents. Empirical referents for “agents” in ACE models can range from individuals or social groups with learning capabilities to physical world features with no cognitive function. Topics covered include: learning; empirical validation; network economics; social dynamics; financial markets; innovation (...) and technological change; organizations; market design; automated markets and trading agents; political economy; social-ecological systems; computational laboratory development; and general methodological issues. (shrink)

Abstract: There has recently been controversy over the existence of 'multiple realization' in addition to some confusion between different conceptions of its nature. To resolve these problems, we focus on concrete examples from the sciences to provide precise accounts of the scientific concepts of 'realization' and 'multiple realization' that have played key roles in recent debates in the philosophy of science and philosophy of psychology. We illustrate the advantages of our view over a prominent rival account ( Shapiro, 2000 and (...) 2004 ) and use our work to rebut recent objections to the long-standing claim that psychological properties are multiply realized. For we use scientific evidence, in combination with our more precise theoretical framework, to show that we have strong reason to believe that psychological properties are indeed multiply realized both at the biochemical and neuronal levels. (shrink)

There is widespread consensus that present patterns of consumption could lead to the permanent impossibility of maintaining those patterns and, perhaps, the existence of the human race. While many patterns of consumption qualify as ‘sustainable’ there is one in particular that deserves greater attention: virtual consumption. We argue that virtual consumption — the experience of authentic consumptive experiences replicated by alternative means — has the potential to reduce the deleterious consequences of real consumption by redirecting some consumptive behavior from shifting (...) material states to shifting information states. (shrink)

The phenomenal powers view claims that phenomenal properties metaphysically necessitate their effects in virtue of how they feel, and thereby constitute non-Humean causal powers. For example, pain necessitates that subjects who experience it try to avoid it in virtue of feeling bad. I argue for this view based on the inconceivability of certain phenomenal properties necessitating different effects than their actual ones, their ability to predict their effects without induction, and their ability to explain their effects without appeal to laws (...) or regularities. I also offer a harmony argument according to which the view offers the best explanation for otherwise seemingly fortunate psychophysical regularities. I then outline the view’s main implications for the metaphysics of causation and philosophy of mind. (shrink)

Biologists seems to hold two fundamental beliefs: Organisms are organized into levels and the individuals at these levels differ in their properties. Together these suggest that there will be massive multiple realization, i.e. that many human psychological properties are multiply realized at many neurobiological levels. This paper provides some documentation in support of this suggestion.

Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we suggest (...) that corporate actors would be excused from duties if complying with them threatened their vital interests. We show how this excuse is not available for most individuals within firms; instead, it is an excuse perhaps available to firms themselves, but only given substantive assumptions about corporate personhood. For those willing to make these assumptions, we apply the competitive advantage construct to delimit the scope of this excuse. We suggest that firms are excused from fulfilling an obligation when complying leads to a competitive disadvantage, as this imperils the firm’s vital interests. After revealing why this excuse does not generalize, we conclude by considering when we should reform the market to avoid the legitimacy of this excuse. (shrink)

Emergence is typically discussed in the context of mental properties or the properties of the natural sciences, and accounts of emergence within these contexts tend to look a certain way. The emergent property is taken to emerge instantaneously out of, or to be proximately caused by, complex interaction of colocated entities. Here, however, I focus on the properties instantiated by the elements of certain systems discussed in social ontology, such as being a five-dollar bill or a pawn-movement, and I suggest (...) that these properties emerge in a distinctive way. They emerge in part because of a system that is far beyond and typically before the object that instantiates them. I characterize how emergence occurs in these cases, juxtaposing it with how emergence is typically discussed. I then consider whether their emergence is best framed as weak or strong as these notions are characterized in the literature, and I reveal what debates are central to answering this question. Though I will not resolve these debates, I do show a collection of views that would vindicate these properties as strongly emergent and downwardly causing. (shrink)

Among the many ideas that go by the name of “enactivism” there is the idea that by “cognition” we should understand what is more commonly taken to be behavior. For clarity, label such forms of enactivism “enactivismb.” This terminology requires some care in evaluating enactivistb claims. There is a genuine risk of enactivist and non-enactivist cognitive scientists talking past one another. So, for example, when enactivistsb write that “cognition does not require representations” they are not necessarily denying what cognitivists claim (...) when they write that “cognition requires representations.” This paper will draw attention to instances of some of these unnecessary confusions. (shrink)

Whereas many philosophers take backwards causation to be impossible, the few who maintain its possibility either take it to be absent from the actual world or else confined to theoretical physics. Here, however, I argue that backwards causation is not only actual, but common, though occurring in the context of our social institutions. After juxtaposing my cases with a few others in the literature and arguing that we should take seriously the reality of causal cases in these contexts, I consider (...) several objections. These objections involve whether the cases should be reinterpreted, whether they are properly within the institution, whether they involve necessitation or else Cambridge changes, whether and how they involve changing the past, and whether this should call us to question institutional reality. I end by suggesting that it is a virtue of our institutions that they allow backwards causation, that this is a kind of technology that they are often built to incorporate. (shrink)

The Causal Exclusion Problem is raised in many domains, including in the metaphysics of macroscopic objects. If there is a complete explanation of macroscopic effects in terms of the microscopic entities that compose macroscopic objects, then the efficacy of the macroscopic will be threatened with exclusion. I argue that we can avoid the problem if we accept that macroscopic objects are ontically vague. Then, it is indeterminate which collection of microscopic entities compose them, and so information about microscopic entities is (...) insufficient to provide a complete explanation of certain properties of macroscopic objects. After outlining this solution, I consider several objections. (shrink)

As it has been shaped by improvements in its tools and methods, and by its discourse with critics, I describe how the astrological research program has advanced through three stages of modelling and design limitations. Single-factor tests (for example, the many Sun-sign–only experiments that have been published) are typically underdeterministic. Multi-factor tests, unless they are very well designed, can easily become overdeterministic. Chart-matching tests have been vulnerable to confirmation bias errors until the development of a machine-based, whole-chart matching protocol that (...) has objectively produced evidence of high effect-sizes. A meta-analysis of recent results shows the rapid advancement and how to further improve the results. The value of the program is not only to corroborate the taxonomic counterfactuals of astrological “cookbooks,” but to extend their explanatory reach by the comparison of astrological postulates and inferences with philosophies in other disciplines in terms of quantifiable processes and emergent effects. (shrink)

There are many historical concerns about freedom that have come to be deemphasized in the free will literature itself—for instance, worries around the tyranny of government or the alienation of capitalism. It is hard to see how the current free will literature respects these, or indeed how they could even find expression. This paper seeks to show how these and other concerns can be reintegrated into the debate by appealing to a levels ontology. Recently, Christian List and others have considered (...) how the notion of levels could be relevant to the free will debate. Invariably, however, the focus is on the significance of facts at lower levels. The threats come from below, from fundamental physics or neuroscience. Here, I aim to show how we can frame many interesting concerns about free will in terms of threats from above. After arguing that determination from above is no less threatening, I catalogue such concerns that might constitute threats to our freedom. Doing this not only allows us to show how these concerns relate to those standardly discussed, but it pushes us to expand our conception of freedom. (shrink)

While it is widely acknowledged that knowledge can be acquired via testimony, it has been argued that understanding cannot. While there is no consensus about what the epistemic relationship of understanding consists in, I argue here that regardless of how understanding is conceived there are kinds of understanding that can be acquired through testimony: easy understanding and easy-s understanding. I address a number of aspects of understanding that might stand in the way of being able to acquire understanding through testimony, (...) focusing on understanding ’s paradigmatic form and what it means to say that in order to understand something you need to “grasp” some information or the relationship between bits of information. I argue that in cases of both easy and easy-s understanding, no aspect of understanding stands in the way of it being able to acquire it through testimony. As a result, while not all understanding be acquired through testimony in all instances and for all subjects, this failure of acquisition is only a product of the complexity of the relevant information or one’s unfamiliarity with it, and not a product of the epistemic relationship of understanding. (shrink)

The ‘limits of markets’ debate broadly concerns the question of when it is (im)permissible to have a market in some good. Markets can be of tremendous benefit to society, but many have felt that certain goods should not be for sale (e.g., sex, kidneys, bombs). Their sale is argued to be corrupting, exploitative, or to express a form of disrespect. InMarkets without Limits, Jason Brennan and Peter Jaworski have recently argued to the contrary: For any good, as long as it (...) is permissible to give it for free, then it is permissible to give it for money. Their thesis has led to a number of engaging objections, and I leverage recent work on the nature of feasibility within political philosophy to offer a new challenge.I argue that feasibility offers a constraint on which markets can be permissibly implemented. Though it may be possible to create a morally acceptable version of an otherwise repugnant market, some of these markets may be infeasible, and so we are not permitted to implement them. After laying out this challenge, I consider several replies. They concern the relevance of feasibility, and whether any markets really are infeasible. This provides an opportunity to explore the dangers of pursuing the infeasible and with markets generally. I conclude by considering what might lead us to pursue these markets despite their infeasibility, or how knowledge of infeasibility may prove useful regardless. (shrink)

This paper has a two-fold aim. First, it reinforces a version of the "syntactic argument" given in Aizawa (1994). This argument shows that connectionist networks do not provide a means of implementing representations without rules. Horgan and Tlenson have responded to the syntactic argument in their book and in another paper (Horgan & Tlenson, 1993), but their responses do not meet the challenge posed by my formulation of the syntactic argument. My second aim is to describe a kind of cognitive (...) architecture. This architecture might be called a computational architecture, but it is not a rules and representations architecture nor the representations without rules architecture that Horgan and Tlenson wish to endorse. (shrink)

There have been many discussions recently from philosophers, cognitive scientists, and psychologists about group polarization, with online and social media environments in particular receiving a lot of attention, both because of people's increasing reliance on such environments for receiving and exchanging information and because such environments often allow individuals to selectively interact with those who are like-minded. My goal here is to argue that the group epistemologist can facilitate understanding the kinds of factors that drive group polarization in a way (...) that has been overlooked by the existing research. Specifically, I argue that polarization can occur in part because of the ways that members of a group treat the group itself (as opposed to an individual member within that group) as a source of information, and in doing so makes their own position, as well as that of the group, more extreme. I refer to this as a structural factor in driving polarization, and argue that such factors can contribute to explanations of polarization that occurs specifically in an important subset of groups, namely online and social media groups in which little is known about other members within the group, what I refer to as anonymous, semi-anonymous and pseudonymous (ASAP) groups. (shrink)

Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are not (...) answerable for the crimes committed by their employees, because firms cannot answer as to why the crime was committed; they lack the authority to offer the employee’s reasons for action. Though this rules out respondeat superior as a general principle, I show contexts in which vicarious liability is still appropriate in the criminal law, and I respond to a number of other concerns raised by this picture. (shrink)

That about sums up what is wrong with Clark's view.

Schiller says that “it is only through beauty that man makes his way to freedom.” Here I attempt to defend a claim in the same spirit as Schiller’s but by different means. My thesis is that a person’s autonomous agency depends on their adopting an aesthetic identity. To act, we need to don contingent features of agency, things that structure our practical thought and explain what we do in very general terms but are neither universal nor necessary features of agency (...) as such. Without these things, the question of what to do for any individual would be underdetermined. The problem is that adopting such a contingent form of agency amounts to a restriction on what we can do, and so it is a prima facie threat to our autonomy. I will argue that one way, and indeed the only way, of meeting this challenge lies in aesthetic experience. Granting our capacity for aesthetic pleasure the authority to determine the particularities of our agency is compatible with autonomy because doing so means identifying with one’s capacity for pleasure in free and creative activity. Doing this allows us to be both particular sorts of agents and creatures regulated by the universalizing demands of reason. (shrink)

George Berkeley's linguistic account of sense perception is one of the most central tenets of his philosophy. It is intended as a solution to a wide range of critical issues in both metaphysics and theology. However, it is not clear from Berkeley's writings just how this ‘universal language of the Author of Nature’ is to be interpreted. This paper discusses the nature of the theory of sense perception as language, together with its metaphysical and theological motivations, then proceeds to develop (...) an account of the semantics of the perceptual language, using Berkeley's theory of reference for human language as a guide. (shrink)

Recently, there has been growing concern that increased partisanship in news sources, as well as new ways in which people acquire information, has led to a proliferation of epistemic bubbles and echo chambers: in the former, one tends to acquire information from a limited range of sources, ones that generally support the kinds of beliefs that one already has, while the latter function in the same way, but possess the additional characteristic that certain beliefs are actively reinforced. Here I argue, (...) first, that we should conceive of epistemic bubbles and echo chambers as types of epistemically pernicious groups, and second, that while analyses of such groups have typically focused on relationships between individual members, at least part of what such groups epistemically pernicious pertains to the way that members rely on the groups themselves as sources of information. I argue that member reliance on groups results in groups being attributed a degree of credibility that outruns their warrant, a process I call groupstrapping. I argue that by recognizing the groupstrapping as an illicit method of forming and updating beliefs we can make progress on some of the open questions concerning epistemically pernicious groups. (shrink)

Berkeley's main aim in his well-known early works was to identify and refute "the grounds of Scepticism, Atheism, and irreligion." This appears to place Berkeley within a well-established tradition of religious critics of Locke's epistemology, including, most famously, Stillingfleet. I argue that these appearances are deceiving. Berkeley is, in fact, in important respects an opponent of this tradition. According to Berkeley, Locke's earlier critics, including Stillingfleet, had misidentified the grounds of irreligion in Locke's philosophy while all the while endorsing the (...) true grounds of irreligion themselves. Locke's epistemology is innocent; matter and abstraction are to blame. (shrink)

This paper examines Pierre Hadot’s philosophy as a way of life in the context of race. I argue that a “way of life” approach to philosophy renders intelligible how anti-racist confrontation of racist ideas and institutionalized white complicity is a properly philosophical way of life requiring regulated reflection on habits – particularly, habits of whiteness. I first rehearse some of Hadot’s analysis of the “way of life” orientation in philosophy, in which philosophical wisdom is understood as cultivated by actions which (...) result in the creation of wise habits. I analyze a phenomenological claim about the nature of habit implied by the “way of life” approach, namely, that habits can be both the cause and the effect of action. This point is central to the “way of life” philosophy, I claim, in that it makes possible the intelligent redirection of habits, in which wise habits are more the effect than simply the cause of action. Lastly, I illustrate the “way of life” approach in the context of anti-racism by turning to Linda Martín Alcoff’s whiteness anti-eliminativism, which outlines a morally defensible transformation of the habits of whiteness. I argue that anti-racism provides an intelligible context for modern day forms of what Hadot calls “spiritual exercises” insofar as the “way of life” philosophy is embodied in the practice of whites seeing themselves seeing as white and seeing themselves being seen as white. (shrink)

My aesthetic judgements seem to make claims on you. While some popular accounts of aesthetic normativity say that the force of these claims is third-personal, I argue that it is actually second-personal. This point may sound like a bland technicality, but it points to a novel idea about what aesthetic judgements ultimately are and what they do. It suggests, in particular, that aesthetic judgements are motions in the collective legislation of the nature of aesthetic activity. This conception is recommended by (...) its ability to explain some important but otherwise recondite features of aesthetic practice and, more importantly, by allowing us to ground the normativity of aesthetic judgement in the familiar normativity of practice. It also offers a more systematic way of understanding the rivalry between the ideals of aesthetic universality and diversity. (shrink)

In this chapter, we defend an explanationist version of proper functionalism. After explaining proper functionalism’s initial appeal, we note two major objections to proper functionalism: creatures with no design plan who appear to have knowledge (Swampman) and creatures with malfunctions that increase reliability. We then note how proper functionalism needs to be clarified because there are cases of what we call warrant-compatible malfunction. We then formulate our own view: explanationist proper functionalism, which explains the warrant-compatible malfunction cases and helps to (...) block the above objections. We also advance a positive argument for explanationist proper functionalism. (shrink)