Serious doubts about nonreductive materialism — the orthodoxy of the past two decades in philosophy of mind — have been long overdue. Jaegwon Kim has done perhaps the most to articulate the metaphysical problems that the new breed of materialists must confront in reconciling their physicalism with their commitment to the autonomy of the mental. Although the difficulties confronting supervenience, multiple-realizability, and mental causation have been recurring themes in his work, only mental causation — in particular, the specter of epiphenomenalism (...) — has really captured the interest of philosophers in general in recent years.This growing attention has spawned a large body of literature, which it is not our aim here to explore or assess. Rather, we want to call attention to what we believe is a new and quite different argumentative strategy against epiphenomenalism voiced in some recent articles by Tyler Burge and Stephen Yablo. Each has challenged two central assumptions of the existing mental causation debate. (shrink)

Serious doubts about nonreductive materialism — the orthodoxy of the past two decades in philosophy of mind — have been long overdue. Jaegwon Kim has done perhaps the most to articulate the metaphysical problems that the new breed of materialists must confront in reconciling their physicalism with their commitment to the autonomy of the mental. Although the difficulties confronting supervenience, multiple-realizability, and mental causation have been recurring themes in his work, only mental causation — in particular, the specter of epiphenomenalism (...) — has really captured the interest of philosophers in general in recent years.This growing attention has spawned a large body of literature, which it is not our aim here to explore or assess. Rather, we want to call attention to what we believe is a new and quite different argumentative strategy against epiphenomenalism voiced in some recent articles by Tyler Burge and Stephen Yablo. Each has challenged two central assumptions of the existing mental causation debate. (shrink)

In this paper, I challenge an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the ‘naturalization of epistemology’. In a prominent series of papers and a book, Brian Leiter has raised the intriguing idea that Quine’s naturalization of epistemology is a useful model for philosophy of law. I examine Quine’s naturalization of epistemology and Leiter’s suggested (...) parallel and argue that the parallel does not hold up. Even granting Leiter’s substantive assumption that the law is indeterminate, there is no philosophical confusion or overreaching in the legal case that is parallel to the philosophical overreaching of Cartesian foundationalism in epistemology. Moreover, if we take seriously Leiter’s analogy, the upshot is almost the opposite of what Leiter suggests. The closest parallel in the legal case to Quine’s position would be the rejection of the philosophical positions that lead to the indeterminacy thesis. (shrink)

In a circulated but heretofore unpublished 2001 paper, I argued that Leiter’s analogy to Quine’s “naturalization of epistemology” does not do the philosophical work Leiter suggests. I revisit the issues in this new essay. I first show that Leiter’s replies to my arguments fail. Most significantly, if – contrary to the genuinely naturalistic reading of Quine that I advanced – Quine is understood as claiming that we have no vantage point from which to address whether belief in scientific theories is (...) ever justified, it would not help Leiter’s parallel. Given Leiter’s way of drawing the parallel, the analogous position in the legal case would be not the Legal Realists’ indeterminacy thesis, but the very different position that we have no vantage point from which to address whether legal decisions can ever be justified. I then go on to address the more important question of whether the indeterminacy thesis, if true, would support any replacement of important legal philosophical questions with empirical ones. Although Ronald Dworkin has argued against the indeterminacy thesis, if he were wrong on this issue, it would not in any way suggest that the questions with which Dworkin is centrally concerned cannot fruitfully be addressed. The indeterminacy thesis is a bone of contention in an ordinary philosophical debate between its proponents and Dworkin. Of course, if the determinacy thesis were true, no one should try to show that it is false, but this triviality lends no support to the kind of replacement proposal that Leiter proposes. I conclude with some general reflections on naturalism and philosophical methodology. (shrink)

In a circulated but heretofore unpublished 2001 paper, I argued that Leiter's analogy to Quine's 'naturalization of epistemology' does not do the philosophical work Leiter suggests. I revisit the issues in this new essay. I first show that Leiter's replies to my arguments fail. Most significantly, if — contrary to the genuinely naturalistic reading of Quine that I advanced — Quine is understood as claiming that we have no vantage point from which to address whether belief in scientific theories is (...) ever justified, it would not help Leiter's parallel. Given Leiter's way of drawing the parallel, the analogous position in the legal case would be not the Legal Realists' indeterminacy thesis, but the very different position that we have no vantage point from which to address whether legal decisions can ever be justified. I then go on to address the more important question of whether the indeterminacy thesis, if true, would support any replacement of important legal philosophical questions with empirical ones. Although Ronald Dworkin has argued against the indeterminacy thesis, if he were wrong on this issue, it would not in any way suggest that the questions with which Dworkin is centrally concerned cannot fruitfully be addressed. The indeterminacy thesis is a bone of contention in an ordinary philosophical debate between its proponents and Dworkin. Of course, if the determinacy thesis were true, no one should try to show that it is false, but this triviality lends no support to the kind of replacement proposal that Leiter proposes. I conclude with some general reflections on naturalism and philosophical methodology. (shrink)

There is overwhelming agreement amongst naturalists that a naturalistic ontology should not allow for the possibility of supernatural entities. I argue, against this prevailing consensus, that naturalists have no proper basis to oppose the existence of supernatural entities. Naturalism is characterized, following Leiter and Rea, as a position which involves a primary commitment to scientific methodology and it is argued that any naturalistic ontological commitments must be compatible with this primary commitment. It is further argued that properly applied scientific method (...) has warranted the acceptance of the existence of supernatural entities in the past and that it is plausible to think that it will do so again in the future. So naturalists should allow for the possibility of supernatural entities. (shrink)

This paper construes various positions in the philosophy of science and the philosophy of law as responses to the problem of underdetermination in science and in law. We begin by drawing a close analogy between the successive approaches to this problem in the two fields. In particular, we stress the analogy between conventionalism as a philosophy of science and legal realism as a philosophy of law, and between Putnam's and Dworkin's critiques of these positions. We then challenge the Putnam-Dworkin strategy, (...) arguing that their attempts to combat underdetermination are unsuccessful. We are thus led to scepticism regarding the outlook underlying the celebrated maxim, “ruled by law, not by men”. (shrink)

Filósofos, especialmente aqueles que se autodenominam como naturalistas, parecem cada vez mais interessados em realizar pesquisas empíricas. Um caso típico é o da Filosofia Experimental, um campo emergente que faz uso de dados empíricos colhido por meio de inquéritos seguindo os mesmos métodos empregados nas ciências empíricas, nomeadamente na psicologia, a fim de apresentar provas em pesquisas ou argumentos filosóficos. Outro exemplo é oferecido pela participação ativa dos filósofos em grupos de pesquisa interdisciplinares nas neurociências. No entanto, os filósofos não (...) são especialistas em metodologia de pesquisa empírica. Isso é transparente nos estudos mais representativos em filosofia experimental. Neste artigo, faremos algumas observações de advertência sobre as complexidades da metodologia das ciências empíricas. A recomendação final é de que é sábia a atitude de envolver-se em grupos de pesquisa interdisciplinares, buscando dominar as peculiaridades dos mais diversos delineamentos de pesquisa empírica nas diferentes áreas da ciência. (shrink)

This paper examines the concept of coherence and its role in legal reasoning. First, it identifies some problem areas confronting coherence theories of legal reasoning about both disputed questions of fact and disputed questions of law. Second, with a view to solving these problems, it proposes a coherence model of legal reasoning. The main tenet of this coherence model is that a belief about the law and the facts under dispute is justified if it is “optimally coherent,” that is, if (...) it is such that an epistemically responsible legal decision-maker would have accepted it as justified by virtue of its coherence in like circumstances. Last, looking beyond the coherence theory, the paper explores the implications of the version of legal coherentism proposed for a general theory of legal reasoning and rationality. (shrink)

The “naturalistic turn” that has swept so many areas of philosophy over the past three decades has also had an impact in the last decade in legal philosophy. Methodological naturalists (M-naturalists) view philosophy as continuous with empirical inquiry in the sciences. Some M-naturalists want to replace conceptual and justificatory theories with empirical and descriptive theories; they take their inspiration from more-or-less Quinean arguments against conceptual analysis and foundationalist programs. Other M-naturalists retain the normative and regulative ambitions of traditional philosophy, but (...) emphasize that it is an empirical question what normative advice is actually useable and effective for creatures like us. Some M-naturalists are also.. (shrink)

While naturalistic theories have come to dominate the philosophical landscape, there is still little consensus on what “naturalism” means. I trace the origins of contemporary naturalism to a view, called the “fundamental naturalistic impulse,” that originates in Quine’s turn against Carnap and which I take to be necessary for naturalism. In light of this impulse, some “substantively naturalistic” theories are examined: a weak version of non-supernaturalism, Railton’s a posteriori reduction of moral terms, and “Canberra plan” conceptual analyses of moral property (...) terms. I suggest that if we take the fundamental naturalistic impulse seriously, then there is no need to differentiate substantive versions of naturalism over and above methodological versions. Substantive thesis in ontology or semantics can be had on account of one’s methodological commitments. This not only cuts against the distinction between methodological and substantive naturalisms, but also demonstrates just how far method can reach. (shrink)

My aim is to challenge recent attempts at reconciling moral realism and naturalism by pushing ethical naturalists into a dilemma. According to one horn of the dilemma, ethical naturalists must either build unique facts and properties about divergent social structures into their subvenient sets of natural facts and properties, and so jeopardize the objectivity of moral truths, or insist, in the face of all possible worlds in which people have different moral beliefs than ours, that they are all mistaken—this despite (...) the fact that the belief-forming mechanism responsible for their moral beliefs was never concerned with the truth of those beliefs in the first place. This will bring me to suggest that moral properties might only weakly supervene upon natural phenomena. But, according to the other horn of the dilemma, weak supervenience is a defeater for moral knowledge. (shrink)

I argue that Alvin Plantinga’s theory of warrant is plausible and that, contrary to the Pandora’s Box objection, there are certain serious world religions that cannot successfully use Plantinga’s epistemology to demonstrate that their beliefs could be warranted in the same way that Christian belief can be warranted. In arguing for, I deploy Ernest Sosa’s Swampman case to show that Plantinga’s proper function condition is a necessary condition for warrant. I then engage three objections to Plantinga’s theory of warrant, each (...) of which attempts to demonstrate that his conditions for warrant are neither necessary nor sufficient. Having defended the plausibility of Plantinga’s theory of warrant, I present and expand his key arguments to the effect that naturalism cannot make use of it. These arguments provide the conceptual tools that are needed to argue for : that there are certain world religions that cannot legitimately use Plantinga’s theory of warrant to demonstrate that their beliefs could be warranted in the same way that Christian belief can be warranted. (shrink)