Philosophical Issues, Volume 31, Issue 1, Page 85-103, October 2021.

Contemporary philosophers and psychologists seek the roots of ethically sound forms of behavior, including altruism and a sense of fairness, in the basic structure of cooperative action. I argue that recent work on cooperation in both philosophy and psychology has been hampered by what I call “the mutualistic paradigm.” The mutualistic paradigm treats one kind of cooperative situation—what I call a “mutualistic situation”—as paradigmatic of cooperation in general. In mutualistic situations, such as the primeval stag hunt described by Brian Skyrms, (...) every partner in a cooperative action has to do his part in order for the action as a whole to succeed. But many familiar cooperative situations—for example, serving on an academic committee—do not have this structure. Contemporary philosophers and psychologists are right that thinking about cooperation can shed light on how and why ethically sound behavior happens in human beings. But the deep connections between ethics and cooperation only come into view once we have a richer conception of our capacities for cooperation than the mutualistic paradigm provides. (shrink)

I argue that constructive nominalism is preferable to scientific realism. Rather than reflecting without distortion the way the mind-independent world is, theories refract. They provide an understanding of the world as modulated by a particular theory. Truth is defined within a theoretical framework rather than outside of it. This does not undermine objectivity, for an assertion contains a reference to the framework in terms of which its truth is claimed.

Ancient moral philosophers, especially Aristotle and his followers, typically shared the assumption that ethics is primarily concerned with how to achieve the final end for human beings, a life of “happiness” or “human flourishing.” This final end was not a subjective condition, such as contentment or the satisfaction of our preferences, but a life that could be objectively determined to be appropriate to our nature as human beings. Character traits were treated as moral virtues because they contributed well toward this (...) ideal life, either as means to it or as constitutive aspects of it. Traits that tended to prevent a “happy” life were considered vices, even if they contributed to a life that was pleasant and what a person most wanted. The idea of “happiness” was central, then, in philosophical efforts to specify what we ought to do, what sort of persons we should try to become, and what sort of life a wise person would hope for. (shrink)

This article is a criticism of the narrative self-understanding offered by advocates of Ordinary Aesthetics. Even though the frustration with the philosophy of art (in contrast with philosophical aesthetics) is, in many ways, an overdetermined result, the sense of the ordinary as available through the withdrawal of this art-centred concern is misguided. This article argues that the reported death of art and the seemingly consistent suggestion that “anything goes” do not relieve contemporary philosophy from its being situated precisely in the (...) wake of these practices of sense-making. I claim that Ordinary Aesthetics is dealing in an illusory conceit to the extent that defences of Ordinary Aesthetics are indebted to a demand that aesthetics may be a living field of philosophical inquiry today only if the fate of artworks is deleted from that narrative. Arguing this point requires an account of the idea of the death of art, associated with Hegel but perhaps more recently with Danto, and I sketch how Danto’s account does not cohere with the account provided in Ordinary Aesthetics. But because the claim of Ordinary Aesthetics amounts to a claim about the capacities of human sense-making independent of historical trajectories and a sense of the ordinary as that which is just available to a timeless abstraction of the human sensorium, my criticism of Ordinary Aesthetics requires a deeper defence of the relation of the faltering of narratives of art with the philosophical effort to make sense of ordinary experiences. Doing so requires that I provide alternatives: what I regard as two related though quite different philosophical approaches, namely, Cavell’s Ordinary Language Philosophy (which is startlingly absent from defences of Ordinary Aesthetics) and the program of a philosophical aesthetics elaborated in Adorno. (shrink)

Philosophy, despite its typical attitude of detachment and abstraction, has for most of its long history been engaged with the practical and mundane-seeming question of whether there is a duty to obey the law. As Matthew Kramer has recently summarized: “For centuries, political and legal theorists have pondered whether each person is under a general obligation of obedience to the legal norms of the society wherein he or she lives. The obligation at issue in those theorists' discussions is usually taken (...) to be prima-facie, comprehensively applicable, universally borne, and content-independent.” This essay is a commentary on the current state of discussion of this perennial philosophical topic. (shrink)

We shall argue that there is adequate moral justification for capital punishment with linkage, that is, with linkage to keeping non‐murderers from dying. We present the argument with two aims in mind. The first is to question the conventional wisdom, seldom challenged even by proponents of capital punishment, that being an abolitionist is closely connected to having a civilized respect for human life. This conventional wisdom, we hope to show, is somewhat off the mark. To this end we exhibit structural (...) similarities between so‐called lifeboat dilemmas and the public's relationship to a murderer. In a lifeboat dilemma one must choose between saving this life or that, since the lifeboat will not hold both persons. Now if this life were an innocent's and that one a murderer's, a choice to save the latter would not be met with accusations of callousness towards human life. We hope to project everyone's intuitions about this case onto the more baffling case of a society's relationship to the murderers and dying innocents in its midst. (shrink)

This paper arose out of the 2017 international conference on AI and law doctoral consortium. There were five students who presented their Ph.D. work, and each of them has contributed a section to this paper. The paper offers a view of what topics are currently engaging students, and shows the diversity of their interests and influences.

The resilience of utilitarian ethics in the face of unremitting criticism can be explained in part by its use of various strategies of indirect utilitarianism. The success of these strategies throws up a distinctive problem: how can one measure the utility of moral rules, large-scale social institutions or character traits distinctive of virtues? Reading Hume as a utilitarian of sorts in his treatment of justice, I explain his conservative endorsement of entrenched social practices as a consequence of his broadly functionalist (...) approach. I claim that this account has enough merit to ground conservativism in ethics as a satisfactory default position. Projects for reform rather than established institutions are the proper object of utilitarian assessment, thus finessing the problem of measurement I opened up initially. (shrink)

Criminal law theory concerns itself with the justification of punishment. Conflicting moral theories of punishment will be held in liberal democracies. The positive law therefore neither will nor should reflect exclusively a single moral theory of punishment. Like the institutions for making law, the institutions for enforcing it will cause punishments imposed to deviate from what pure moral theory might prescribe. These claims are illustrated by the debate over blackmail prohibition. The best rationale for prohibition is not the moral argument (...) that blackmailers culpably cause harm, but the political argument that blackmailers threaten the state’s claimed monopoly on punishing crime. (shrink)

I take it as obvious that attempts to justify the criminal law must be sensitive to matters of criminalization—to what conduct is proscribed or permitted. I discuss three additional matters that should be addressed in order to justify the criminal law. First, we must have a rough idea of what degree of deviation is tolerable between the set of criminal laws we ought to have and the set we really have. Second, we need information about how the criminal law at (...) any given time and place is administered, since the law in action is bound to differ radically from the law on the books. Finally, we must have some basis for speculating what life would be like in the absence of a system of criminal justice—if the state ceased to impose punishments. (shrink)

This paper is a critical discussion of Manuel Vargas’ Building Better Beings, focusing on the treatment of desert therein. By means of an analogy between morality and sport, I examine some seemingly peculiar implications of Vargas’ teleological and revisionary account of desert. I also consider some general questions of philosophical methodology provoked by revisionary approaches.

There are some interesting similarities between Aristotle’s ‘mixed actions’ in Book III of the Nicomachean Ethics and the actions often thought to be justifiable with the Doctrine of Double Effect. Here I analyse these similarities by comparing Aristotle’s examples of mixed actions with standard cases from the literature on double effect such as, amongst others, strategic bombing, the trolley problem, and craniotomy. I find that, despite some common features such as the dilemmatic structure and the inevitability of a bad effect, (...) Aristotle’s mixed actions do not count as cases justifiable through application of the Doctrine of Double Effect because they fail to meet the crucial necessary condition of the Doctrine according to which the bad effect can only be a merely foreseen side-effect and not an intended means. (shrink)

I fatti! I fatti! Caro signore, i fatti sono come siassumono; e allora, nello spirito, non sono più fatti:ma vita che appare, così o in altro modo.Luigi Pirandello 1 Ontologia del giuridico 1.1 Due ontologie del giuridico: ontologia degli oggetti giuridici (Adolf Reinach) vs. ontologia degli enti giuridici (Santi Romano) 1.1.1 Nella filosofia del diritto del xx secolo sono compresenti due ontologie del giuridico:(i) l’ontologia degli oggetti giuridici di Adolf Reinach (1883-1917),(ii) l’ontol...

When should we use care robots? In this paper we endorse the shift from a simple normative approach to care robots ethics to a complex one: we think that one main task of a care robot ethics is that of analysing the different ways in which different care robots may affect the different values at stake in different care practices. We start filling a gap in the literature by showing how the philosophical analysis of the nature of healthcare activities can (...) contribute to robot ethics. We rely on the nature-of-activities approach recently proposed in the debate on human enhancement, and we apply it to the ethics of care robots. The nature-of-activities approach will help us to understand why certain practice-oriented activities in healthcare should arguably be left to humans, but certain goal-directed activities in healthcare can be fulfilled with the assistance of a robot. In relation to the latter, we aim to show that even though all healthcare activities can be considered as practice-oriented, when we understand the activity in terms of different legitimate ‘fine-grained’ descriptions, the same activities or at least certain components of them can be seen as clearly goal-directed. Insofar as it allows us to ethically assess specific functionalities of specific robots to be deployed in well-defined circumstances, we hold the nature-of-activities approach to be particularly helpful also from a design perspective, i.e. to realize the Value Sensitive Design approach. (shrink)

This book presents a selection of theoretical and applied texts of Richard Hare, as well as an appendix which includes several fundamental studies for the understanding of the ethics of 20th century.

Many of the most important social institutions—e.g., law and language—are thought to be normative in some sense. And philosophers have been puzzled by how this normativity can be explained in terms of the social, descriptive states of affairs that presumably constitute them. This paper attempts to solve this sort of puzzle by considering a simpler and less contentious normative social practice: table manners. Once we are clear on the exact sense in which a practice is normative, we see that some (...) practices can be normative in an interesting and non-trivial sense, but also explicable with merely descriptive resources. In addition to arguing that it is possible to explain normative practices with descriptive resources, this paper presents and defends just such an explanation—an account of the nature of table manners that appeals only to descriptive states of affairs. (shrink)

A theory of aesthetic value should explain what makes aesthetic value good. Current views about what makes aesthetic value good privilege the individual’s encounter with aesthetic value—listening to music, reading a novel, writing a poem, or viewing a painting. What makes aesthetic value good is its benefit to the individual appreciator. But engagement with aesthetic value is often a social, participatory matter: sharing and discussing aesthetic goods, imitating aesthetic agents, dancing, cooking, dining, or making music together. This article argues that (...) we should understand aesthetic value in a way that centers these social forms of aesthetic engagement. To this end, the article argues that there is a social practice of aesthetic valuing, characterized as a participatory practice governed by the value of aesthetic community, which engages us in the social development of our capacities for discretionary valuing and volitional openness. Current theories of aesthetic value have trouble capturing the character of the practice of aesthetic valuing, and this motivates a novel communitarian theory of aesthetic value: aesthetic value is what is worthy of engagement in the social practice of aesthetic valuing. (shrink)

This is a defense of John Stuart Mill’s proof of the principle of utility in the fourth chapter of his Utilitarianism. The proof is notorious as a fallacious attempt by a prominent philosopher, who ought not to have made the elementary mistakes he is supposed to have made. This book shows that he did not. The aim is not to glorify utilitarianism, in a full sweep, as the best normative ethical theory, or even to vindicate, on a more specific level, (...) Mill’s universalistic ethical hedonism as the best form of utilitarianism. The book is concerned only with Mill’s utilitarianism, and primarily with his proof of the principle of utility. The purpose is to show that Mill proceeds intelligibly and systematically in pursuing a well-defined project in the fourth chapter of Utilitarianism, and that he successfully defends what he sets out to establish in his proof of the principle of utility. (shrink)

Philosophical perplexity about intention begins with its appearance in three guises: intention for the future, as when I intend to complete this entry by the end of the month; the intention with which someone acts, as I am typing with the further intention of writing an introductory sentence; and intentional action, as in the fact that I am typing these words intentionally. As Elizabeth Anscombe wrote in a similar context, ‘it is implausible to say that the word is equivocal as (...) it occurs in these different cases’ and from the fact that ‘we are tempted to speak of “different senses” of a word which is clearly not equivocal, we may infer that we are pretty much in the dark about the character of the concept which it represents’ (Anscombe 1963, p. 1). (shrink)

A leading classical utilitarian, John Stuart Mill is an unlikely contributor to the public reason tradition in political philosophy. To hold that social rules or political institutions are justified by their contribution to overall happiness is to deny that they are justified by their being the object of consensus or convergence among all those holding qualified moral or political viewpoints. In this chapter, I explore the surprising ways in which Mill nevertheless works to accommodate the problems and insights of the (...) public reason tradition, and the extent to which he makes arguments that can help those working within that tradition. Mill’s utilitarian theory incorporates the claim that the demands of social life require a publicly accepted set of normative expectations to govern judgments about when one has met one’s obligations and, relatedly, about the appropriateness of blame or punishment. (shrink)

John Rawls is famous for two things: his attempt to ground morality in rationality and his conception of justice as fairness. He has developed and polished both in conjunction over the course of half a century. Yet the moral principles he advocates have always been more doctrinaire than the corresponding justification model should have ever allowed with design details explicitly promising objectivity. This article goes to the beginning, or to a reasonable proxy for it, in the “Outline of a Decision (...) Procedure for Ethics,” with the aim of exposing and examining the discrepancy where it originates. The goal is not to prey on the earliest version of an initiative later undergoing revision but to identify and investigate the inception of a systematic bias that is retained rather than revised in subsequent iterations. (shrink)

Asserting is the act of claiming that something is the case—for instance, that oranges are citruses, or that there is a traffic congestion on Brooklyn Bridge (at some time). We make assertions to share information, coordinate our actions, defend arguments, and communicate our beliefs and desires. Because of its central role in communication, assertion has been investigated in several disciplines. Linguists, philosophers of language, and logicians rely heavily on the notion of assertion in theorizing about meaning, truth and inference. -/- (...) The nature of assertion and its relation to other speech acts and linguistic phenomena (implicatures, presuppositions, etc.) have been subject to much controversy. This entry will situate assertion within speech act theory and pragmatics more generally, and then go on to present the current main accounts of assertion. (shrink)

The central philosophical task posed by conventions is to analyze what they are and how they differ from mere regularities of action and cognition. Subsidiary questions include: How do conventions arise? How are they sustained? How do we select between alternative conventions? Why should one conform to convention? What social good, if any, do conventions serve? How does convention relate to such notions as rule, norm, custom, practice, institution, and social contract? Apart from its intrinsic interest, convention is important because (...) philosophers frequently invoke it when discussing other topics. A favorite philosophical gambit is to argue that, perhaps despite appearances to the contrary, some phenomenon ultimately results from convention. Notable candidates include: property, government, justice, law, morality, linguistic meaning, necessity, ontology, mathematics, and logic. (shrink)

A wave of recent philosophical work on practical rationality is organized by the following implicit argument: Practical reasoning is figuring out what to do; to do is to act; so the forms of practical inference can be derived from the structure or features of action. Now it is not as though earlier work, in analytic philosophy, had failed to register the connection between action and practical rationality; in fact, practical reasoning was usually picked out as, roughly, reasoning directed toward action. (...) But for much of the twentieth century, attention moved quickly away from this initial delineation of the subject area, to the interplay of beliefs and desires within the mind (Humean theories, including their Davidsonian and Williamsian variants), or to procedures for checking that a plan of action was supported by sufficient yet consistent reasons (Kantian theories), or to the ultrarefined sensibilities of the practically intelligent reasoner (Aristotelian theories). The hallmark of the emerging family of treatments to be surveyed here is, first, the sustained attention paid to answering the question, "What does it take to be an action (at all)?", and second, the use made of a distinction between full-fledged action and its lesser relatives. (Characterizations and terminology vary, but often the less robust alternative is called "mere activity" or "mere behavior".) Very schematically, these arguments for a theory of practical reasoning try to show that reasons brought to bear on choice must have some particular logical form, if action is not to lapse into something less than that. (shrink)

Normativism in the theory of meaning and content is the view that linguistic meaning and/or intentional content are essentially normative. As both normativity and its essentiality to meaning/content can be interpreted in a number of different ways, there is now a whole family of views laying claim to the slogan “meaning/content is normative”. In this essay, we discuss a number of central normativist theses, and we begin by identifying different versions of meaning normativism, presenting the arguments that have been put (...) forth for and against them. (shrink)

Skepticism about moral responsibility, or what is more commonly referred to as moral responsibility skepticism, refers to a family of views that all take seriously the possibility that human beings are never morally responsible for their actions in a particular but pervasive sense. This sense is typically set apart by the notion of basic desert and is defined in terms of the control in action needed for an agent to be truly deserving of blame and praise. Some moral responsibility skeptics (...) wholly reject this notion of moral responsibility because they believe it to be incoherent or impossible. Others maintain that, though possible, our best philosophical and scientific theories about the world provide strong and compelling reasons for adopting skepticism about moral responsibility. What all varieties of moral responsibility skepticism share, however, is the belief that the justification needed to ground basic desert moral responsibility and the practices associated with it—such as backward-looking praise and blame, punishment and reward (including retributive punishment), and the reactive attitudes of resentment and indignation—is not met. Versions of moral responsibility skepticism have historically been defended by Spinoza, Voltaire, Diderot, d’Holbach, Priestley, Schopenhauer, Nietzsche, Clarence Darrow, B.F. Skinner, and Paul Edwards, and more recently by Galen Strawson, Derk Pereboom, Bruce Waller, Neil Levy, Tamler Sommers, and Gregg D. Caruso. -/- Critics of these views tend to focus both on the arguments for skepticism about moral responsibility and on the implications of such views. They worry that adopting such a view would have dire consequences for our interpersonal relationships, society, morality, meaning, and the law. They fear, for instance, that relinquishing belief in moral responsibility would undermine morality, leave us unable to adequately deal with criminal behavior, increase anti-social conduct, and destroy meaning in life. Optimistic skeptics, however, respond by arguing that life without free will and basic desert moral responsibility would not be as destructive as many people believe. These optimistic skeptics argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for instance, would not be threatened. They further maintain that morality and moral judgments would remain intact. And although retributivism and severe punishment, such as the death penalty, would be ruled out, they argue that the imposition of sanctions could serve purposes other than the punishment of the guilty—e.g., it can also be justified by its role in incapacitating, rehabilitating, and deterring offenders. (shrink)

There have been monumental advances in the study of the social dimensions of knowledge in the late twentieth and early twenty-first centuries. But it has been common within a wide variety of fields--including social philosophy, cognitive science, epistemology, and the philosophy of science--to approach the social dimensions of knowledge as simply another resource to be utilized or controlled. I call this view, in which other people's epistemic significance are only of instrumental value, manipulationism. I identify manipulationism, trace its manifestations in (...) the aforementioned fields, and explain how to move beyond it. The principal strategy that I employ for moving beyond manipulationism consists of synthesizing enactivism and neo-Kuhnian social epistemology. Specifically, I expand the enactivist concept of participatory sense-making by linking it to recent conceptual innovations in social epistemology, such as the concept of immanent cogent argumentation. (shrink)

In this paper, I present a game-theoretic solution to the rule-following paradox in terms of what I will call basic constitutive practices. The structure of such a practice P constitutes what it is to take part in P by defining the correctness conditions of our most basic concepts as those actions that lie on the correlated equilibrium of P itself. Accordingly, an agent S meant addition by his use of the term ‘+’ because S is taking part in a basic (...) constitutive practice of adding where quus-like answers are ruled out by not lying on the equilibrium. The resulting picture of language will preserve the objectivity and correctness conditions of meaning, all the while providing room for the community as a whole to make a mistake. I also argue that by accepting the account presented, we have a strong reason to reject the idea that language is rule-governed. (shrink)

There is an ambition to conceive of the human being as a composite of perceptual and desiderative faculties belonging to a causal order and a rational faculty belonging to a normative order. The problem is that this conception is unstable: If we locate the perceptual/desiderative faculties in a causal order, no room is left for the rational faculty. Consequently, to conceive the human being in full, one must alternate between two different points of view. In this paper, I argue that (...) the solution is to reevaluate how we think about causes and norms: To say something is determined by causes is not just to locate it within a causal order but is more fundamentally to exclude it from our evaluative practices. Further, to say something is constrained by norms is not just to identify a set of evaluative practices but is more fundamentally to include it in our evaluative practices. (shrink)

I explore the debate about whether consequentialist theories can adequately accommodate the moral force of promissory obligation. I outline a straightforward act consequentialist account grounded in the value of satisfying expectations, and raise and assess three objections to this account: that it counterintuitively predicts that certain promises should be broken when commonsense morality insists that they should be kept, that the account is circular, and Michael Cholbi’s argument that this account problematically implies that promise-making is frequently obligatory. I then discuss (...) alternative act consequentialist accounts, including Philip Pettit’s suggestion that promise-keeping is an intrinsic good and Michael Smith’s agent-relative account. I outline Brad Hooker’s rule consequentialist account of promissory obligation and raise a challenge for it. I conclude that appeals to intuitions about cases will not settle the dispute, and that consequentialists and their critics must instead engage in substantive debate about the nature and stringency of promissory obligation. (shrink)

Dissonant Voices has a twofold aspiration. First, it is a philosophical treatment of everyday pedagogical interactions between children and their elders, between teachers and pupils. More specifically it is an exploration of the possibilities to go on with dissonant voices that interrupt established practices – our attunement – in behaviour, practice and thinking. Voices that are incomprehensible or expressions that are unacceptable, morally or otherwise. The text works on a tension between two inclinations: an inclination to wave off, discourage, or (...) change an expression that is unacceptable or unintelligible; and an inclination to be tolerant and accept the dissonant expression as doing something worthwhile, but different. The second aspiration is a philosophical engagement with children’s literature. Reading children’s literature becomes a form of philosophising, a way to explore the complexity of a range of philosophical issues. This turn to literature marks a dissatisfaction with what philosophy can accomplish through argumentation and what philosophy can do with a particular and limited set of concepts for a subject, such as ethics. It is a way to go beyond philosophising as the founding of theories that justify particular responses. The philosophy of dissonance and children’s literature becomes a way to destabilise justifications of our established practices and ways of interacting. The philosophical investigations of dissonance are meant to make manifest the possibilities and risks of engaging in interactions beyond established agreement or attunements. Thinking of the dissonant voice as an expression beyond established practices calls for improvisation. Such improvisations become a perfectionist education where both the child and the elder, the teacher and the student, search for as yet unattained forms of interaction and take responsibility for every word and action of the interaction. The investigation goes through a number of picture books and novels for children such as Harry Potter, Garmann’s Summer, and books by Shaun Tan, Astrid Lindgren and Dr. Seuss as well narratives by J.R.R. Tolkien, Henrik Ibsen, Jane Austen and Henry David Thoreau. These works of fiction are read in conversation with philosophical works of, and inspired by, Ludwig Wittgenstein and Stanley Cavell, their moral perfectionism and ordinary language philosophy. (shrink)

∗Thanks to J. C. Beall, Alex Byrne, Jason Decker, Tyler Doggett, Paul Elbourne, Adam Elga, Warren Goldfarb, Delia Graff, Richard Heck, Charles Parsons, Mark Richard, Susanna Siegel, Jason Stanley, Judith Thomson, Carol Voeller, Brian Weatherson, Ralph Wedgwood, Steve Yablo, Cheryl Zoll, and an anonymous referee for valuable comments and discussions. Versions of this material were presented in my seminar at MIT in the Fall of 2000, and at the University of Maryland, Baltimore County. Parts of this paper also derive from (...) my comments on a paper of Scott Soames at the ‘Liars and Heaps’ conference at the University of Connecticut in the Fall of 2002. I am grateful for the help of these audiences, and especially to Prof. Soames. (shrink)

Why do promises give rise to reasons? I consider a quadruple of possibilities which I think will not work, then sketch the explanation of the normativity of promising I find more plausible—that it is constitutive of the practice of promising that promise-breaking implies liability for blame and that we take liability for blame to be a bad thing. This effects a reduction of the normativity of promising to conventionalism about liability together with instrumental normativity and desire-based reasons. This is important (...) for a number of reasons, but the most important reason is that this style of account can be extended to account for nearly all normativity—one notable exception being instrumental normativity itself. Success in the case of promises suggests a general reduction of normativity to conventions and instrumental normativity. But success in the cases of promises is already quite interesting and does not depend essentially the general claim about normativity. (shrink)

Most contemporary philosophers of action accept Aristotle’s view that actions involve movements generated by an internal cause. This is reflected in the wide support enjoyed by the Causal Theory of Action (CTA), according to which actions are bodily movements caused by mental states. Some critics argue that CTA suffers from the Problem of Disappearing Agents (PDA), the complaint that CTA excludes agents because it reduces them to mere passive arenas in which certain events and processes take place. Extant treatments of (...) PDA, most notably those of Michael Bratman and David Velleman, interpret the problem as a challenge to CTA’s ability to capture the role of rational capacities like deliberation and reflection in the etiology of human action. I argue that PDA admits of another interpretation, one that arises when we appreciate that the exercise of higher rational capacities in action presupposes possession of a prior lower-level capacity for basic self-movement – the power to initiate and control one’s bodily behavior. Bolstering CTA so that it accommodates richer exercises of practical thought – as Bratman and Velleman do – will not resolve PDA unless CTA already captures this basic agential power. Adequately responding to PDA, therefore, requires answering a question unaddressed by current responses: How do bodily movements caused by sub-agential items like mental states count as movements actively performed by the whole agent? I argue that CTA can answer this question by adopting a normative account of the nature of self-moving agents. On this view, self-moving agents are teleologically constituted, meaning (1) their nature and proper function derives from their characteristic ends and aims, and (2) the nature and proper function of their parts depend on these ends and aims. Basic self-movement consists of movements caused by a sub-agential part whose own proper function is to generate behavior that constitutes or contributes to the pursuit of the agent’s overall proper function. After showing how this picture applies to artifactual and collective agents (i.e., robots and teams), I extend the account to organic agents (human beings) by sketching a broadly Aristotelian picture of the nature of living things. (shrink)

David Boonin has recently argued that although no existing theory of legal punishment provides adequate moral justification for the practice of punishing criminal wrongdoing, compulsory victim restitution (CVR) is a morally justified response to such wrongdoing. Here I argue that Boonin’s thesis is false because CVR is a form of punishment. I first support this claim with an argument that Boonin’s denial that CVR is a form of punishment requires a groundless distinction between a state’s response to a criminal offense (...) and its response to an offender’s failure to comply with the sanctions imposed for that offense. I then suggest that this argument points to a definition of punishment that not only meets Boonin’s own desiderata for a definition of punishment but also implies that CVR is a form of punishment. Finally, I argue that CVR is a form of punishment even under Boonin’s own proposed definition of punishment. -/- . (shrink)