Intentions, Misc

Absolutist systems of ethics have come in for harsh criticism on a number of fronts. The Principle of Double Effect was formulated by Catholic ethicists to overcome such objections. In this essay, Leslie Allan addresses four of the most prominent problems faced by an absolutist ethic and evaluates the extent to which the Principle of Double Effect is successful in avoiding or mitigating these criticisms.

In Rational Powers in Action, Sergio Tenenbaum sets out a new theory of instrumental rationality that departs from standard discussions of means-ends coherence in the literature on structural rationality in at least two interesting ways: it takes intentional action (as opposed to intention) to be what puts in place the relevant instrumental requirements, and it applies to both necessary and non-necessary means. I consider these two developments in more detail. On the first, I argue that Tenenbaum’s theory is too narrow (...) since there could be instrumental irrationality with respect to an intention to X even if one is not yet engaged in any relevant intentional action. On the second, I argue against Tenenbaum’s claim that “an agent is instrumentally irrational if she knowingly fails to pursue some sufficient means to an end she is pursuing.”. (shrink)

An important module in the Belief-Desire-Intention architecture for artificial agents (which builds on Michael Bratman's work in the philosophy of action) focuses on the task of intention reconsideration. The theoretical task is to formulate principles governing when an agent ought to undo a prior committed intention and reopen deliberation. Extant proposals for such a principle, if sufficiently detailed, are either too task-specific or too computationally demanding. I propose that an agent ought to reconsider an intention whenever some incompatible prospect is (...) sufficiently valuable along some dimension that can be assessed at zero or near-zero computational cost. (shrink)

I offer eight arguments against the Doctrine of Double Effect, a normative principle according to which in pursuing the good it is sometimes morally permissible to bring about some evil as a side-effect or merely foreseen consequence: the same evil would not be morally justified as an intended means or end.

I develop an expressivist account of verbal disagreements as practical disagreements over how to use words rather than factual disagreements over what words actually mean. This account enjoys several advantages over others in the literature: it can be implemented in a neo-Stalnakerian possible worlds framework; it accounts for cases where speakers are undecided on how exactly to interpret an expression; it avoids appeals to fraught notions like subject matter, charitable interpretation, and joint-carving; and it naturally extends to an analysis of (...) metalinguistic negotiations. (shrink)

As it is broadly accepted, typical uses of demonstratives are accompanied by demonstrations. The concept of demonstration, however, manifests the action–product ambiguity analogous to that visible in the opposition between jumping and the resulting jump, talking and the resulting talk or crying and the resulting cry. It is also a heterogeneous concept that enables demonstrations to vary significantly. The present paper discusses action–product ambiguity as applied to demonstrations as well as the heterogeneity of the latter. An account that acknowledges ambiguity (...) and heterogeneity of demonstrations is sketched in the paper. It is argued that it has a rich explanatory and descriptive potential. (shrink)

This paper introduces and argues for contrastivism about intentions. According to contrastivism, intention is not a binary relation between an agent and an action. Rather, it is a ternary relation between an agent, an action, and an alternative. Contrastivism is introduced via a discussion of cases of known but (apparently) unintended side effects. Such cases are puzzling. They put pressure on us to reject a number of highly compelling theses about intention, intentional action, and practical reason. And they give rise (...) to a puzzle about rather than constructions such as ‘I intend to φ rather than ψ’: In side effect cases it can seem wrong to claim that the subject intends to φ, yet acceptable to claim that they intend to φ rather than ψ. This cries out for explanation. Contrastivism provides a unified response to all of these problems. (shrink)

A précis of Sergio Tenenbaum's Rational Powers in Action (Oxford 2021).

A response to review essays by Chrisoula Andreou, John Brunero, Matthias Haase, Erasmus Mayr, and Sarah Paul on Sergio Tenenbaum's _Rational Powers in Action_.

Doxasticism is the thesis that intention is or involves belief in the forthcoming action (Velleman, Harman). Supporters claim that it is only by accepting that thesis that we can explain a wide array of important phenomena, including the special knowledge we have of intentional action, the roles intention plays in facilitating coordination, and the norms of rationality for intention. Others argue that the thesis is subject to counterexample (Davidson, Bratman). Yet some others contend that the thesis can be reformulated in (...) a way that avoids such counterexamples and preserves its explanatory significance (Pears, Setiya). Their suggestion is that we view intention as involving partial –rather than full—belief. I argue that while the move from full to partial doxasticism helps to accommodate such counterexamples, it does so in a way that undermines the ability of the resulting view to explain the coordinating roles of and rationality norms for intention. (shrink)

RésuméJe soutiendrai que la façon dont Davidson rend compte de l'intention pure peut être comprise comme une analyse de l'intention comme étant relative à un jugement dans une perspective en première personne. Selon Davidson, avoir la pure intention de faire A, c'est formuler un jugement tout bien considéré qu'il est désirable de faire A. Dans cette analyse anti-réductionniste, l'intention est traitée comme un état irréductible du sujet. J’établirai une comparaison entre cette analyse et celle de Wright et je montrerai comment (...) la position de Davidson peut être considérée comme une analyse non-réductionniste rapportant l'intention au jugement, selon les directions suggérées par Wright. J'expliquerai ensuite comment cette analyse peut aider à éclaircir diverses difficultés qui se présentent dans la conception que Davidson se fait ultérieurement de la signification et du contenu mental. (shrink)

It seems to be a humdrum fact of human agency that we act on intentions or decisions that we have made at an earlier time. At breakfast, you look at the Taco Hut menu online and decide that later today you’ll have one of their avocado burritos for lunch. You’re at your desk and you hear the church bells ring the noon hour. You get up, walk to Taco Hut, and order the burrito as planned. As mundane as this sort (...) of scenario might seem to be, philosophers have raised a problem in understanding it. If you are simply abiding by this morning’s decision, how are you acting autonomously? Your earlier self seems to be calling the shots; if you are just acting accordingly, without thinking through it or in some other way trying to ensure that the past decision conforms to your present standpoint, it is not clear how this amounts to an exercise of your present autonomous agency. It seems, rather, that your earlier self has succeeded in slaving you to her own purposes. She was the one who wanted (intended, judged it to be good, etc.) to have an avocado burrito. In simply following through, your current self seems to be just an automaton performing the commands left behind by your former self. Of course, you might not allow yourself to be shackled by your earlier self. You might refuse to follow anything but your own present judgments: you will only go to Taco Hut if this is what you judge you should do right now, and once at Taco Hut you will only eat the avocado burrito if that is what you want to eat once there. But if this is the way you generally operate, this seems to block your ability to make effective future-directed decisions. The puzzle, then, is one of explaining how the future self can do the bidding of her past self without losing her autonomy. We call this “the Problem of Diachronic Autonomy.” Philosophers raising this problem take it to show that there must be reasons or rational requirements to follow-through with our past decisions. According to these philosophers, we can only make sense of our diachronic autonomy if our past decisions put rational pressure on us to follow through. We argue that there is no Problem of Diachronic Autonomy. There is, in other words, no puzzling situation that needs explaining. Consequently, there is no need coming from this purported puzzle to think that our future-directed decisions generate reasons or rational requirements to follow through. The correct view of our diachronic autonomy is the “naïve” one: the “future self” can do the bidding of the “past self” without giving up its autonomy because, very simply, the past self is the same agent as the future self. I am acting autonomously when I get the avocado burrito, because I was the one who decided to get the burrito. I am acting on my own freely-formed decision. (shrink)

Strategies are mentioned across a variety of domains, from business ethics, to the philosophy of war, philosophy of sport, game theory, and others. However, despite their wide use, very little has been said about how to think about what strategies are or how they relate to other prominently discussed concepts. In this article, I probe the close connection between strategies and plans, which have been much more thoroughly characterized in the philosophy of action. After highlighting the challenges of analyzing strategies (...) in terms of plans, I show how the work done on the connection between plans and intentions can inspire further questions about the nature of strategy. I conclude by showing how one particular innovation in the understanding of plans—how they can be more or less partial—can be used to help us to mark what makes for a good strategy. (shrink)

This book develops an evolutionary account of animal choice and human freedom, thus supplementing the conceptual account of freedom with an explanation how it developed.

Conspiracies are, by definition, a group activity; to conspire requires two or more people working together towards some end, typically in secret. Conspirators have intentions; this is borne out by the fact they want some end and are willing to engage in action to achieve. Of course, what these intentions are can be hard to fathom: historians have written a lot about the intentions of the assassins of Julius Caesar, for example; did they want to restore the Republic; was Marcus (...) Brutus lusting after power; was it an attempt to curb the ambitions of the plebeian class, who saw in Caesar someone not unlike themselves? If intentions can be hard to infer, who is a knowing conspirator and who is a dupe is almost as tricky to parse. Not all purported members of a conspiracy are conspirators, even if they aid and abet the conspiracy. Take, for example, the notorious lax engineer who the conspirators know will sign off on substandard building compliance measures, making it all the easier for them to plant their controlled demolitions. On some account of causal or even moral responsibility the lax engineer would then be responsible for the subsequent event, the one the conspirators desired. Yet it also seems clear that even if she is responsible in some sense for the culminating event of the conspiracy, it is clear that they did not conspire. Or, at least, we would like to think so, although should the authorities find out about the lax engineer’s involvement, they may well be considered part of the conspiracy, especially if the conspirators do their best to hide their own involvement or identities. (shrink)

I argue that we sometimes visually perceive the intentions of others. Just as we can see something as blue or as moving to the left, so too can we see someone as intending to evade detection or as aiming to traverse a physical obstacle. I consider the typical subject presented with the Heider and Simmel movie, a widely studied ‘animacy’ stimulus, and I argue that this subject mentally attributes proximal intentions to some of the objects in the movie. I further (...) argue that these attributions are unrevisable in a certain sense and that this result can be used to as part of an argument that these attributions are not post-perceptual thoughts. Finally, I suggest that if these attributions are visual experiences, and more particularly visual illusions, their unrevisability can be satisfyingly explained, by appealing to the mechanisms which underlie visual illusions more generally. (shrink)

Intention Cognitivism – the doctrine that intending to V entails, or even consists in, believing that one will V – is an important position with potentially wide-ranging implications, such as a revisionary understanding of practical reason, and a vindicating explanation of 'Practical Knowledge'. In this paper, I critically examine the standard arguments adduced in support of IC, including arguments from the parity of expression of intention and belief; from the ability to plan around one's intention; and from the explanation provided (...) by the thesis for our knowledge of our intentional acts. I conclude that none of these arguments are compelling, and therefore that no good reason has been given to accept IC. (shrink)

Philosophers of action of different persuasions have suggested that there is a tight connection between the phenomenon of intending and the phenomena of “being settled on” and of “settling” a course of action. For many, this connection supports an important constraint on intention: one may only intend what one takes one’s so intending as settling. Traditionally, this has been understood as a doxastic constraint on intention: what one takes one’s intention as settling is what one believes one’s so intending as (...) settling. This paper proposes an alternative conception of such a constraint. The idea is to conceive of it in terms of the attitude of reliance, rather than of belief. The aim of the paper is three-fold: to clarify the connection between intending to act and the phenomena of being settled on and of settling a course of action, to provide support for the reliance conception of the cited constraint, and to show that this conception drives a wedge in the familiar dispute, between doxastic and conative accounts of intention, as to whether intending to act necessarily involves the belief that one will so act. (shrink)

Richard Holton has argued that the traditional account of intentions—which only posits the existence of all-out intentions—is inadequate because it fails to accommodate dual-plan cases; ones in which it is rationally permissible for an agent to adopt two competing plans to bring about the same end. Since the consistency norms governing all-out intentions prohibit the adoption of competing intentions, we can only preserve the idea that the agent in a dual-plan case is not being irrational if we attribute to them (...) a pair of partial intentions. I argue that, contrary to initial appearances, (i) Holton has yet to offer us an actual account of partial intentions, and (ii) that the traditional account of intentions already has the resources necessary to accommodate dual-plan cases. (shrink)

In this article I propose an original view of the nature of shared intention. In contrast to psychological views (Bratman, Searle, Tuomela) and normative views (Gilbert), I argue that both functional roles played by attitudes of individual participants and interpersonal obligations are factors of central and independent significance for explaining what shared intention is. It is widely agreed that shared intention (I) normally motivates participants to act, and (II) normally creates obligations between them. I argue that the view I propose (...) can explain why it is not a mere accident that both (I) and (II) are true of shared intention, while psychological and normative views cannot. The basic idea is that shared intention involves a structure of attitudes of individuals –including, most importantly, attitudes of reliance – which normally plays the relevant motivating roles and creates the relevant obligations. (shrink)

According to the cognitivist strategy, the desire to bring about P provides reasons for intending to bring about P in a way analogous to how perceiving that P provides reasons for believing that P. However, while perceiving P provides reasons for believing P by representing P as true, desiring to bring about P provides reasons for intending to bring about P by representing P as good. This paper offers an argument against this view. My argument proceeds via an appeal to (...) what I call the non-substitutability of perception, the thesis that, given that there is no independent evidence for P, one cannot substitute something that fails to provide reasons with respect to P for the perceptual experience that P, without altering the rational permissibility of believing that P. By contrast, I argue that it is always possible to substitute something that fails to provide reasons for a desire without altering the rational permissibility of an intention based on said desire. I take this to show that a desire does not provide reasons in a way analogous to perceptual experience. (shrink)

This paper analyzes and discusses Mephisto's famous remark in Goethe's FAUST. It turns out that he is being incoherent in interesting ways.

I argue against the Doctrine of Double Effect’s explanation of the moral difference between terror bombing and strategic bombing. I show that the standard thought-experiment of terror bombing and strategic bombing which dominates this debate is underdetermined with regards to the agents’ psychologies: (a) if Terror Bomber and Strategic Bomber have the same causal beliefs, then why does Terror Bomber set out to kill the children? It may then be this unwarranted and immoral choice and not the Doctrine of Double (...) Effect that explains the moral difference; (b) if the two have different causal beliefs, then we can’t rule out the counterfactual that, had Strategic Bomber had the same beliefs as Terror Bomber, she would have also acted as Terror Bomber did. (shrink)

In Willing, Wanting, Waiting, Richard Holton lays out a detailed account of resolutions, arguing that they enable agents to resist temptation. Holton claims that temptation often leads to inappropriate shifts in judgment, and that resolutions are a special kind of first- and second-order intention pair that blocks such judgment shift. In this paper, I elaborate upon an intuitive but underdeveloped objection to Holton’s view – namely, that his view does not enable agents to successfully block the transmission of temptation in (...) the way that he claims, because the second-order intention is as equally susceptible to temptation as the first-order intention alone would be. I appeal to independently compelling principles – principles that Holton should accept, because they help fill an important explanatory gap in his account – to demonstrate why this objection succeeds. This argument both shows us where Holton’s view goes wrong and points us to the kind of solu-tion we need. In conclusion, I sketch an alternative account of resolutions as a first-order intention paired with a second-order desire. I argue that my account is not susceptible to the same objection because a temptation that cannot be blocked by an intention can be blocked by a desire. (shrink)

This paper argues that, with certain provisos, predicting one's future actions is incompatible with rationally deliberating about whether to perform those actions. It follows that fully rational omniscient agents are impossible, since an omniscient being could never rationally deliberate about what to do . Consequently, theories that explain practical reasons in terms of the choices of a perfectly rational omniscient agent must fail. The paper considers several ways of defending the possibility of an omniscient agent, and concludes that while some (...) of these may work, they are inconsistent with the aim of explaining practical normativity by appeal to such an agent. (shrink)

I respond to Ferrero’s comments on “What are Conditional Intentions?” in three parts. In the first, I address three arguments Ferrero gives for his account and against mine, the argument from requirement of a formal distinction, the argument from continuity, and the argument from the rational pressures of intention. In the second, I raise some problems for Ferrero’s views on the basis drawing out its consequences and testing those against cases. In the third, I consider in a more theoretical vein (...) how reasons and intentions are related, and offer an explanation of why we should not read reasons for intentions into their contents. (shrink)

The main thesis of this paper is that, whereas an intention simpliciter is a commitment to a plan of action, a conditional intention is a commitment to a contingency plan, a commitment about what to do upon (learning of) a certain contingency relevant to one’s interests obtaining. In unconditional intending, our commitment to acting is not contingent on finding out that some condition obtains. In conditional intending, we intend to undertake an action on some condition, impinging on our interests, which (...) is as yet unsettled for us, but about which we can find out without undue cost. (shrink)

This paper argues that a popular account of intentions can be extended to beliefs. Beliefs are stable all-out states that allow for planning and coordination in a way that is tractable for cognitively limited creatures like human beings. Scepticism is expressed that there is really anything like credences as standardly understood.

It is natural to think that at root, agents are beings that act. Agents do more than this, however – agents omit to act. Sometimes agents do so intentionally. How should we understand intentional omission? Recent accounts of intentional omission have given causation a central theoretical role. The move is well-motivated. If some form of causalism about intentional omission can successfully exploit similarities between action and omission, it might inherit the broad support causalism about intentional action enjoys. In this paper (...) I consider the prospects for causalism about intentional omission. I examine two recent proposals: one Carolina Sartorio (2009) defends, and one Randolph Clarke (2010a) defends. I argue these versions fail, and for a similar reason. Reflection on the function of intention for agency brings this reason to light, and motivates a novel causalism about intentional omission. On the account I go on to defend necessarily, an agent J intentionally omits to A only if an intention of J’s with relevant content (or the intention’s acquisition) causes in J a disposition not to A. Though the causal work done by intentions to omit differs in some cases from the causal work done by intentions to act, it turns out that causalism about intentional behavior (i.e., about action and omission) is viable. (shrink)

Necessarily, if S lacks the ability to exercise control, S is not an agent. If S is not an agent, S cannot act intentionally, responsibly, or rationally, nor can S possess or exercise free will. In spite of the obvious importance of control, however, no general account of control exists. In this paper I reflect on the nature of control itself. I develop accounts of control ’s exercise and control ’s possession that illuminate what it is for degrees of control (...) —that is, the degree of control an agent possesses or exercises in a given circumstance—to vary. Finally, I demonstrate the usefulness of the account on offer by showing how it generates a solution to a long-standing problem for causalist theories of action, namely, the problem of deviant causation. (shrink)

It has been claimed, by David Heyd, that in order for an act to count as supererogatory the agent performing the act must possess altruistic intentions (1982 p.115). This requirement, Heyd claims, allows us to make sense of the meritorious nature of acts of supererogation. In this paper I will investigate whether there is good reason to accept that this requirement is a necessary condition of supererogation. I will argue that such a reason can be found in cases where two (...) people act in the same way but with only the person who acted with altruistic intent counting as having performed an act of supererogation. In such cases Heyd’s intention requirement plays an important role in ruling out acts that intuitively are not supererogatory. Despite this, I will argue that we should reject Heyd’s requirement and replace it with a moral intention requirement. I will then investigate how to formulate this requirement and respond to two objections that might be raised against it. (shrink)

Descartes's approach to practical judgments about what is beneficial or harmful, or what to pursue or avoid, is almost exactly the opposite of his approach to theoretical judgments about the true nature of things. Instead of the cautious skepticism for which Descartes is known, throughout his ethical writings he recommends developing the habit of making firm judgments and resolutely carrying them out, no matter how doubtful and uncertain they may be. Descartes, strikingly, takes irresolution to be the source of remorse (...) and repentance, of vice, and of a weak soul. In order to explain its dangerousness, this essay offers an analysis of irresolution as a failure of the will to determine itself to follow a judgment in the face of ignorance or uncertainty. This analysis connects irresolution to weakness of will and explains why Descartes regards resolution as an essential component of virtue. (shrink)

The ‘Knobe effect’ is the name given to the empirical finding that judgments about whether an action is intentional or not seems to depend on the moral valence of this action. To account for this phenomenon, Scaife and Webber have recently advanced the ‘Consideration Hypothesis’, according to which people’s ascriptions of intentionality are driven by whether they think the agent took the outcome in consideration when taking his decision. In this paper, I examine Scaife and Webber’s hypothesis and conclude that (...) it is supported neither by the existing literature nor by their own experiments, whose results I did not replicate, and that the ‘Consideration Hypothesis’ is not the best available account of the ‘Knobe Effect’. (shrink)

Political candidates often believe they must focus their campaign efforts on a small number of swing voters open for ideological change. Based on the wisdom of opinion polls, this might seem like a good idea. But do most voters really hold their political attitudes so firmly that they are unreceptive to persuasion? We tested this premise during the most recent general election in Sweden, in which a left- and a right-wing coalition were locked in a close race. We asked our (...) participants to state their voter intention, and presented them with a political survey of wedge issues between the two coalitions. Using a sleight-of-hand we then altered their replies to place them in the opposite political camp, and invited them to reason about their attitudes on the manipulated issues. Finally, we summarized their survey score, and asked for their voter intention again. The results showed that no more than 22% of the manipulated replies were detected, and that a full 92% of the participants accepted and endorsed our altered political survey score. Furthermore, the final voter intention question indicated that as many as 48% (69.2%) were willing to consider a left-right coalition shift. This can be contrasted with the established polls tracking the Swedish election, which registered maximally 10% voters open for a swing. Our results indicate that political attitudes and partisan divisions can be far more flexible than what is assumed by the polls, and that people can reason about the factual issues of the campaign with considerable openness to change. (shrink)

According to a widely accepted constraint on the content of intentions, here called the exclusivity constraint, one cannot intend to perform another agent’s action, even if one might be able to intend that she performs it. For example, while one can intend that one’s guest leaves before midnight, one cannot intend to perform her act of leaving. However, Deborah Tollefsen’s (2005) account of joint activity requires participants to have intentions-in-action (in John Searle’s (1983) sense) that violate this constraint. I argue (...) that the exclusivity constraint should not be accepted as an unconditional constraint on the contents of intentions-in-action: one may intend to perform a basic action that belongs both to oneself and to another agent. Based on the phenomenology of tool use, I first argue that intentions-in-action of one’s basic actions may be technologically extended, meaning that their contents are not restricted to concern the agent’s bodily movements. In analogy with this, I then argue that the phenomenology of some skillful joint activities supports the idea that one’s basic intentions-in-action may be socially extended, in violation of the widely accepted exclusivity constraint. Tollefsen’s account is specifically constructed to account for the joint activities of infants and toddlers who lack the capacity to think of others as planning agents and grasp their plan-like intentions (a capacity required by Michael Bratman’s (1992, 1993, 2009a, b) influential account of joint activity). At the end of the paper, I raise some doubts regarding the extent to which infants and toddlers have socially extended intentions-in-action. (shrink)

Grice in pragmatics and Levelt in psycholinguistics have proposed models of human communication where the starting point of communicative action is an individual intention. This assumption, though, has to face serious objections with regard to the alleged existence of explicit representations of the communicative goals to be pursued. Here evidence is surveyed which shows that in fact speaking may ordinarily be a quite automatic activity prompted by contextual cues and driven by behavioural schemata abstracted away from social regularities. On the (...) one hand, this means that there could exist no intentions in the sense of explicit representations of communicative goals, following from deliberate reasoning and triggering the communicative action. On the other hand, however, there are reasons to allow for a weaker notion of intention than this, according to which communication is an intentional affair, after all. Communicative action is said to be intentional in this weaker sense to the extent that it is subject to a double mechanism of control, with respect both to present-directed and future-directed intentions. (shrink)

In this paper, I will discuss the various ways in which intentions can be said to be conditional, with particular attention to the internal conditions on the intentions’ content. I will first consider what it takes to carry out a conditional intention. I will then discuss how the distinctive norms of intention apply to conditional intentions and whether conditional intentions are a weaker sort of commitments than the unconditional ones. This discussion will lead to the idea of what I call (...) the ‘deep structure’ of intentions. Roughly, this is the idea that the conditional nature of our intentions is only partially made explicit in the expressions we use to communicate our intentions and in the explicit form of our thinking about and reasoning with them. Most conditions that qualify our intentions are part of a deep functional structure that can be evinced by observing the actual psychological functioning of intentions and by considering the rational requirements that they engage. I will argue that the deep structure of intentions is characteristically conditional. Genuinely unconditional intentions are only limiting instances of conditional intentions and their contribution to agency can only be understood in light of this fact. I will conclude by showing that the characteristic conditional structure of intentions is intimately related to distinctive features of human agency, especially to its unity over time. (shrink)

In an all too familiar part of our lives, we are sometimes strongly tempted to do things we think we shouldn’t do. Consider the burning desire to eat one of the donuts your coworker brought to work while you are on a diet. Often times we surrender to temptation. But sometimes we fight the urges and refrain—we exhibit will-power. Much of our ordinary thinking involves reference to “the will” in this sort of way. Yet for quite some time many contemporary (...) philosophers have avoided talk of the will in their accounts of human action. This is largely because the will was thought to be a mysterious and superfluous thing—a ghostly cog in psychological theory that serves no explanatory purpose. However, there is a growing trend in philosophy that is bringing back talk of the will. Willing, Wanting, Waiting is, refreshingly, part of that trend. Holton develops a unique account of the will and related phenomena that is both empirically informed and philosophically rigorous in a way that is accessible to an interdisciplinary audience. (shrink)

G. E. M. Anscombe’s view that agents know what they are doing “without observation” has been met with skepticism and the charge of confusion and falsehood. Simultaneously, some commentators think that Anscombe has captured an important truth about the first-personal character of an agent’s awareness of her actions. This paper attempts an explanation and vindication of Anscombe’s view. The key to the vindication lies in focusing on the role of practical knowledge in an agent’s knowledge of her actions. Few commentators, (...) with the exception of Moran (2004) and Hursthouse (2000), have gotten the emphasis right. The key to a proper interpretation of Anscombe’s views is to explain her claims within the context of her teleological theory of action. The result is a theory ofintentional action that makes self-knowledge of one’s own actions the norm. (shrink)

There are two kinds of view in the literature concerning the relevance of intention to permissibility. While subjectivism assumes that an agent acts permissibly if he or she believes that the conduct is necessary for a moral purpose, for objectivism the de facto presence of an objective reason to justify one’s deeds is what matters. Recently, Scanlon and Hanser defend a moderate version of objectivism and subjectivism, respectively. Although I have a degree of sympathy toward both views, I will argue (...) that the truth lies somewhere in between. The view that I suggest in this paper hopefully occupies a space between subjectivism and objectivism and can accommodate the intuitions that neither of those views cannot account for. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...) principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...) defendants to plaintiffs has expanded beyond reasonable levels, such that parties who were not really responsible for another’s misfortune are successfully sued, while those who really were to blame get away without taking any responsibility. However people should take responsibility for their actions, and the only likely consequence of allowing them to shirk it is that they and others will be less likely to exercise due care in the future, since the deterrents of liability and of no compensation for accidentally self-imposed losses will not be there. Others also argue that this expansion is not warranted because it is inappropriately fueled by ‘deep pocket’ considerations rather than by considerations of fault. They argue that the presence of liability insurance sways the judiciary to award damages against defendants since they know that insurers, and not the defendant personally, will pay for it in the end anyway. But although it may seem that no real person has to bear these burdens when they are imposed onto insurers, in reality all of society bears them collectively when insurers are forced to hike their premiums to cover these increasing damages payments. In any case, it seems unfair to force insurers to cover these costs simply because they can afford to do so. If such an expansion is indeed the cause of the PL&I crisis, then a contraction of the scope of tort liability, and a pious return to the fault principle, might remedy the situation. However it could also be argued that inadequate deterrence is the cause of this crisis. On this account the problem would lie not with the tort system’s continued unwarranted expansion, but in the fact that defendants really have been too careless. If prospective injurers were appropriately deterred from engaging in unnecessarily risky activities, then fewer accidents would ever occur in the first place, and this would reduce the need for litigation at its very source. If we take this to be the cause of tort law’s failure then our solution should aim to improve deterrence. Glen Robinson has argued that improved deterrence could be achieved if plaintiffs were allowed to sue defendants for wrongful exposure to ongoing risks of future harm, even in the absence of currently materialized losses. He argues that at least in toxic injury type cases the tortious creation of risk [should be seen as] an appropriate basis of liability, with damages being assessed according to the value of the risk, as an alternative to forcing risk victims to abide the outcome of the event and seek damages only if and when harm materializes. In a sense, Robinson wishes to treat newly-acquired wrongful risks as de-facto wrongful losses, and these are what would be compensated in liability for risk creation (‘LFRC’) cases. Robinson argues that if the extent of damages were fixed to the extent of risk exposure, all detected unreasonable risk creators would be forced to bear the costs of their activities, rather than only those who could be found responsible for another’s injuries ‘on the balance of probabilities’. The incidence of accidents should decrease as a result of improved deterrence, reduce the ‘suing fest’, and so resolve the PL&I crisis. So whilst the first solution involves contracting the scope of tort liability, Robinson’s solution involves an expansion of its scope. However Robinson acknowledges that LFRC seems prima facie incompatible with current tort principles which in the least require the presence of plaintiff losses, defendant fault, and causation to be established before making defendants liable for plaintiffs’ compensation. Since losses would be absent in LFRC cases by definition, the first evidentiary requirement would always be frustrated, and in its absence proof of defendant fault and causation would also seem scant. If such an expansion of tort liability were not supported by current tort principles then it would be no better than proposals to switch accident law across to no-fault, since both solutions would require comprehensive legal reform. However Robinson argues that the above three evidentiary requirements could be met in LFRC cases to the same extent that they are met in other currently accepted cases, and hence that his solution would therefore be preferable to no-fault solutions as it would only require incremental but not comprehensive legal reform. Although I believe that actual losses should be present before allowing plaintiffs to seek compensation, I will not present a positive argument for this conclusion. My aim in this paper is not to debate the relative merits of Robinson’s solution as compared to no-fault solutions, nor to determine which account of the cause of the PL&I crisis is closer to the truth, but rather to find out whether Robinson’s solution would indeed require less radical legal reform than, for example, proposed no-fault solutions. I will argue that Robinson fails to show that current tort principles would support his proposed solution, and hence that his solution is at best on an even footing with no-fault solutions since both would require comprehensive legal reform. (shrink)