Justifying state punishment presents a difficulty for those who deny that human actions are free in the sense required by moral responsibility. The argument I make in this article, following work d...

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

What, if anything, is wrong with conspiracy theories? A conspiracy refers to a group of people acting in secret to achieve some nefarious goal. Given that the pages of history are full of such plots, however, why are CTs often regarded with suspicion and even disdain? According to “particularism,” the currently dominant view among philosophers, each CT should be evaluated on its own merits and the negative reputation of CTs as a class is wholly undeserved. In this paper, I defend (...) a moderate version of “generalism,” the view that there is indeed something prima facie suspicious about CTs, properly defined, and that they suffer from common epistemic defects. To demarcate legitimate theorizing about real-life conspiracies from “mere conspiracy theories”, I draw on a deep asymmetry between causes and effects in the natural world. Because of their extreme resilience to counterevidence, CTs can be seen as the epistemological equivalent of black holes, in which unwary truth-seekers are drawn, never to escape. Finally, by presenting a generic “recipe” for generating novel CTs around any given event, regardless of the circumstances and the available evidence, I rescue the intuitions beneath colloquial phrases like “That's just a conspiracy theory.”. (shrink)

What, if anything, is wrong with conspiracy theories (CTs)? A conspiracy refers to a group of people acting in secret to achieve some nefarious goal. Given that the pages of history are full of such plots, however, why are CTs often regarded with suspicion and even disdain? According to “particularism,” the currently dominant view among philosophers, each CT should be evaluated on its own merits and the negative reputation of CTs as a class is wholly undeserved. In this paper, I (...) defend a moderate version of “generalism,” the view that there is indeed something prima facie suspicious about CTs, properly defined, and that they suffer from common epistemic defects. To demarcate legitimate theorizing about real-life conspiracies from “mere conspiracy theories” (in the pejorative sense), I draw on a deep asymmetry between causes and effects in the natural world. Because of their extreme resilience to counterevidence, CTs can be seen as the epistemological equivalent of black holes, in which unwary truth-seekers are drawn, never to escape. Finally, by presenting a generic “recipe” for generating novel CTs around any given event, regardless of the circumstances and the available evidence, I rescue the intuitions beneath colloquial phrases like “That's just a conspiracy theory.”. (shrink)

Philosophers of science have given up on the quest for a silver bullet to put an end to all pseudoscience, as such a neat formal criterion to separate good science from its contenders has proven elusive. In the literature on critical thinking and in some philosophical quarters, however, this search for silver bullets lives on in the taxonomies of fallacies. The attractive idea is to have a handy list of abstract definitions or argumentation schemes, on the basis of which one (...) can identify bad or invalid types of reasoning, abstracting away from the specific content and dialectical context. Such shortcuts for debunking arguments are tempting, but alas, the promise is hardly if ever fulfilled. Different strands of research on the pragmatics of argumentation, probabilistic reasoning and ecological rationality have shown that almost every known type of fallacy is a close neighbor to sound inferences or acceptable moves in a debate. Nonetheless, the kernel idea of a fallacy as an erroneous type of argument is still retained by most authors. We outline a destructive dilemma we refer to as the Fallacy Fork: on the one hand, if fallacies are construed as demonstrably invalid form of reasoning, then they have very limited applicability in real life. On the other hand, if our definitions of fallacies are sophisticated enough to capture real-life complexities, they can no longer be held up as an effective tool for discriminating good and bad forms of reasoning. As we bring our schematic “fallacies” in touch with reality, we seem to lose grip on normative questions. Even approaches that do not rely on argumentation schemes to identify fallacies fail to escape the Fallacy Fork, and run up against their own version of it. (shrink)

On the standard view, all presumptions share the same deontic function: they asymmetrically allocate the burden of proof. But what, exactly, does this function amount to? Once presumptions are rejected, do they place the burden of arguing, the burden of explanation, or the most general burden of reasoning on their opponents? In this paper, I take into account the differences between cognitive and practical presumptions and argue that the standard accounts of deontic function are at least ambiguous, and likely implausible. (...) As a result, they require qualifications. (shrink)

The study of presumptions has intensified in argumentation theory over the last years. Although scholars put forward different accounts, they mostly agree that presumptions can be studied in deliberative and epistemic contexts, have distinct contextual functions, and promote different kinds of goals. Accordingly, there are “practical” and “cognitive” presumptions. In this paper, I show that the differences between practical and cognitive presumptions go far beyond contextual considerations. The central aim is to explore Nicholas Rescher’s contention that both types of presumptions (...) have a closely analogous pragmatic function, i.e., that practical and cognitive presumptions are made to avoid greater harm in circumstances of epistemic uncertainty. By comparing schemes of practical and cognitive reasoning, I show that Rescher’s contention requires qualifications. Moreover, not only do practical and cognitive presumptions have distinct pragmatic functions, but they also perform different dialogical functions and, in some circumstances, cannot be defeated by the same kinds of evidence. Hence, I conclude that the two classes of presumptions merit distinct treatment in argumentation theory. (shrink)

This chapter outlines six distinct reasons for rejecting retributivism, not the least of which is that it’s unclear that agents possess the kind of free will and moral responsibility needed to justify it. It then sketches a novel non-retributive alternative called the public health-quarantine model. The core idea of the model is that the right to harm in self-defense and defense of others justifies incapacitating the criminally dangerous with the minimum harm required for adequate protection. The model also draws on (...) the public health framework and prioritizes prevention and social justice. It is argued that not only does the public health-quarantine model offer a stark contrast to retributivism, it also provides a more humane, holistic, and effective approach to dealing with criminal behavior, one that is superior to both retributivism and other leading non-retributive alternatives. (shrink)

Mayr’s proximate–ultimate distinction has received renewed interest in recent years. Here we discuss its role in arguments about the relevance of developmental to evolutionary biology. We show that two recent critiques of the proximate–ultimate distinction fail to explain why developmental processes in particular should be of interest to evolutionary biologists. We trace these failures to a common problem: both critiques take the proximate–ultimate distinction to neglect specific causal interactions in nature. We argue that this is implausible, and that the distinction (...) should instead be understood in the context of explanatory abstractions in complete causal models of evolutionary change. Once the debate is reframed in this way, the proximate–ultimate distinction’s role in arguments against the theoretical significance of evo-devo is seen to rely on a generally implicit premise: that the variation produced by development is abundant, small and undirected. We show that a “lean version” of the proximate–ultimate distinction can be maintained even when this isotropy assumption does not hold. Finally, we connect these considerations to biological practice. We show that the investigation of developmental constraints in evolutionary transitions has long relied on a methodology which foregrounds the explanatory role of developmental processes. It is, however, entirely compatible with the lean version of the proximate–ultimate distinction. (shrink)

Homoeopathy is commonly recognised as pseudoscience. However, there is, to date, no systematic discussion that seeks to establish this view. In this paper, we try to fill this gap. We explain the nature of homoeopathy, discuss the notion of pseudoscience, and provide illustrative examples from the literature indicating why homoeopathy fits the bill. Our argument contains a conceptual and an empirical part. In the conceptual part, we introduce the premise that a doctrine qualifies as a pseudoscience if, firstly, its proponents (...) claim scientific standing for it and, secondly, if they produce bullshit to defend it, such that, unlike science, it cannot be viewed as the most reliable knowledge on its topic. In the empirical part, we provide evidence that homoeopathy fulfils both criteria. The first is quickly established since homoeopaths often explicitly claim scientificity. To establish the second, we dive into the pseudo-academic literature on homoeopathy to provide evidence of bullshit in the arguments of homoeopaths. Specifically, we show that they make bizarre ontological claims incompatible with natural science, illegitimately shift the burden of proof to sceptics, and mischaracterise, cherry-pick, and misreport the evidence. Furthermore, we demonstrate that they reject essential parts of established scientific methodology and use epistemically unfair strategies to immunise their doctrine against recalcitrant evidence. (shrink)

In this paper I demonstrate how certain contemporary atheists have problematically conflatedatheismwithagnosticism(knowingly or unknowingly). The first type of conflation issemantic fusion, where the lack of belief in God is combined with the outright denial of God, under the single label of ‘atheism’. The second ismorphological fissionwhich involves the separation of atheism into two subcategories where lack of belief in God is labelled asnegativeatheism and outright denial of God aspositiveatheism – and while here they are more explicitly demarcated, they are still (...) positioned under the broad notion of atheism. I argue in this paper that atheism should be better used as thepropositional denialof God and thatuncertaintyandunknowability about Godshould be reserved to characterise agnosticism. Conflating these positions under the single term ‘atheism’ mischaracterises agnostics and inflates the territory of atheists. In clarifying these terms, I review how the nuances in the prefixa-in atheism have potentially contributed towards these misnomers. I also suggest the use of the categories ‘local atheism’ and ‘global atheism’ to clarify on whom the burden of proof lies within the discourse. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)