This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...) find that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined here); and (ii) their moral assessment of the content of specific legal requirements (‘perceived moral content of laws’). We also observe an interactive relationship between these two factors. At higher levels of perceived moral content of laws, felt duty to obey is a better predictor of compliance. And, similarly, perceived moral content of laws is a better predictor of compliance at higher levels of felt duty to obey. This suggests that the moral content incorporated in specific laws interacts with the normative force people ascribe to legal authorities by virtue of other qualities, specifically here procedural justice and lawfulness. In Section 3, the focus shifts to a philosophical analysis, whereby we identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. We advocate a distinctive alternative to two rival approaches in jurisprudential discourse, the first of which claims that Lon Fuller’s eight precepts of legality embody moral qualities not contingent on the law’s content, while the second denies any independent moral value in these eight precepts, viewing them as entirely subservient to the law’s substantive goals. In contrast, on the view put forward here, Fuller’s principles possess (inter alia) an expressive moral quality, but their expressive effect does not materialise in isolation from other, contextual factors. In particular, the extent to which it materialises is partly sensitive to the moral quality of the law’s content. (shrink)

Philosophy and Phenomenological Research, EarlyView.

While philosophers of mind have devoted abundant time and attention to questions of content and consciousness, philosophical questions about the nature and scope of mental action have been relatively neglected. Galen Strawson’s account of mental action, arguably the most well-known extant account, holds that cognitive mental action consists in triggering the delivery of content to one’s field of consciousness. However, Strawson fails to recognize several distinct types of mental action that might not reduce to triggering content delivery. In this paper, (...) we argue that meditation provides a useful model for understanding a wider range of types of mental action than heretofore recognized. Conclusions yielded by two distinct bodies of current psychological research on meditation and cognition, and meditation and introspection, buttress meditation’s suitability for this role. (shrink)

The problem of act individuation is a debate about the identity conditions of human acts. The fundamental question about act individuation is: how do we distinguish between actions? Three views of act individuation have dominated the literature. First, Donald Davidson and G.E.M. Anscombe have argued that a number of different descriptions refer to a single act. Second, Alvin Goldman and Jaegwon Kim have argued that each description designates a distinct act. Finally, Irving Thalberg and Judith Jarvis Thomson have averred that (...) some acts are sequences of causally related events, which include both a primitive bodily action and some of its effects. All of these accounts have assumed that a simple invariantist account of act individuation captures how ordinary people distinguish between acts. For my dissertation, I devised an experiment to test the action theorists' assumptions. My data show that people's intuitions seem to depend on the valence of the consequences of the action under consideration. So, an invariantist account is not possible. In light of the empirical results, I argue that if we seek a folk account of act individuation, then that account should be able to explain the variability that seems to be present in people's intuitions about different cases. (shrink)

A number of concerns have been raised about the possible future use of pharmaceuticals designed to enhance cognitive, affective, and motivational processes, particularly where the aim is to produce morally better decisions or behavior. In this article, we draw attention to what is arguably a more worrying possibility: that pharmaceuticals currently in widespread therapeutic use are already having unintended effects on these processes, and thus on moral decision making and morally significant behavior. We review current evidence on the moral effects (...) of three widely used drugs or drug types: propranolol, selective serotonin reuptake inhibitors, and drugs that effect oxytocin physiology. This evidence suggests that the alterations to moral decision making and behavior caused by these agents may have important and difficult-to-evaluate consequences, at least at the population level. We argue that the moral effects of these and other widely used pharmaceuticals warrant further empirical research and ethical analysis. (shrink)

: To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web-based technology, we collected a large data set on individuals’ responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, both resulting in lives saved and lives lost. Results showed that: patterns of moral (...) judgments were consistent with the principle of double effect and showed little variation across differences in gender, age, educational level, ethnicity, religion or national affiliation and a majority of subjects failed to provide justifications that could account for their judgments. These results indicate that the principle of the double effect may be operative in our moral judgments but not open to conscious introspection. We discuss these results in light of current psychological theories of moral cognition, emphasizing the need to consider the unconscious appraisal system that mentally represents the causal and intentional properties of human action. (shrink)

A critical survey of the main philosophical theories about events and event talk, organized in three main sections: (i) Events and Other Categories (Events vs. Objects; Events vs. Facts; Events vs. Properties; Events vs. Times); (ii) Types of Events (Activities, Accomplishments, Achievements, and States; Static and Dynamic Events; Actions and Bodily Movements; Mental and Physical Events; Negative Events); (iii) Existence, Identity, and Indeterminacy.

What is the impact of science on philosophy? In “Experiments in Ethics”, Kwame Anthony Appiah addresses this question for morality and ethics. Appiah suggests that scientific results may undermine moral intuitions by undermining our confidence in the actual sources of our intuitions, or by invalidating our factual assumptions about the causes of human behavior. Appiah worries that scientific results showing situational causes on human behavior force us to abandon the intuition, formalized in virtue ethics, that what matters is “who you (...) are on the inside”. In this review, we agree with Appiah that scientific results at once force and do not force us to abandon this intuition. We also propose that Appiah’s worry is due in part to an over-simplified conception of “internal causes”, shared widely among scientists and philosophers. By re-introducing the true richness of internal causes invoked in moral judgments, we hope to relax the tension between scientific results and moral intuitions. Ultimately, we propose that science can undermine and constrain but cannot affirm our commitment to specific moral intuitions. (shrink)

To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web-based technology, we collected a large data set on individuals' responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, both resulting in lives saved and lives lost. Results showed that: (1) patterns of moral (...) judgments were consistent with the principle of double effect and showed little variation across differences in gender, age, educational level, ethnicity, religion or national affiliation (within the limited range of our sample population) and (2) a majority of subjects failed to provide justifications that could account for their judgments. These results indicate that the principle of the double effect may be operative in our moral judgments but not open to conscious introspection. We discuss these results in light of current psychological theories of moral cognition, emphasizing the need to consider the unconscious appraisal system that mentally represents the causal and intentional properties of human action. (shrink)

When Booth moved his finger, thereby firing a gun, thereby killing Lincoln, did he perform three discrete actions, or were there relations of identity or inclusion among them? Most treatments of this problem have tended to assume there is but one sort of entity properly to be called an action, and hence that one answer to this question must be established to the exclusion of all others. And the favored answer has been that Booth's actions are not discrete, or indeed (...) even overlapping, but identical. It is possible, however, to adopt a more conciliatory spirit, in which a place is sought for talk of discrete or fine-grained actions in cases like this, as well as for entities of the coarser sort most have favored. (shrink)

Davidsonian analyses of action reports like ‘Alvin chased Theodore around a tree’ are often viewed as supporting the hypothesis that sentences of a human language H have truth conditions that can be specified by a Tarski-style theory of truth for H. But in my view, simple cases of adverbial modification add to the reasons for rejecting this hypothesis, even though Davidson rightly diagnosed many implications involving adverbs as cases of conjunct-reduction in the scope of an existential quantifier. I think the (...) puzzles in this vicinity reflect “framing effects,” which reveal the implausibility of certain assumptions about how linguistic meaning is related to truth and logical form. We need to replace these assumptions with alternatives, instead of positing implausible values of event-variables or implausible relativizations of truth to linguistic descriptions of actual events. (shrink)

Gareth Evans proposes that there are semantic natural kinds of words. In his development of this theory,he argues for two constraints on the identification of these kinds. I argue that neither of these constraints are justified. Furthermore,my argument against Evans' second constraint constitutes a direct argument for the existence of semantic natural kinds,something Evans himself never offers. I conclude by sketching some positive details of a more plausible theory of semantic natural kinds.

Among the most well-known accounts of events is Jaegwon Kim’s exemplification theory, which identifies each event with a property exemplification. Two of the most influential rival event theorists have urged rejecting exemplificationism on the basis of the charge that it ultimately conflates events with facts [Lombard : Events: A Metaphysical Study. Routledge & Kegan Paul; Bennett :Events and their Names. Hackett Publishing Company]. In response, I offer a detailed examination of Lombard and Bennett’s arguments that exemplificationism undermines the event/fact distinction. (...) I then develop and defend a modified version of Kim’s account that overcomes this objection, and so constitutes a more plausible exemplification theory of events. (shrink)

Any account of intentional action has to deal with the problem of how such actions are individuated. Medieval accounts, however, crucially differ from contemporary ones in at least three respects: for medieval authors, individuation is not a matter of description, as it is according to contemporary, ‘Anscombian’ views; rather, it is a metaphysical matter. Medieval authors discuss intentional action on the basis of faculty psychology, whereas contemporary accounts are not committed to this kind of psychology. Connected to the use of (...) faculty psychology is the distinction between interior and exterior acts. Roughly, interior acts are mental as opposed to physical acts, whereas exterior acts are acts of physical powers, such as of moving one’s body. Of course, contemporary accounts are not committed to this distinction between two ontologically different kinds of acts. Rather, they might be committed to views consistent with physicalist approaches to the mind. The main interpretative task in this paper is to clarify how Scotus and Ockham explain moral intentional action in terms of the role and involvement of these kinds of acts respectively. I argue that Scotus’s account is close to contemporary, ‘Anscombian’ accounts, whereas Ockham’s account is incompatible with them. (shrink)

Davidsonian analyses of action reports like ‘Alvin chased Theodore around a tree’ are often viewed as supporting the hypothesis that sentences of a human language H have truth conditions that can be specified by a Tarski-style theory of truth for H. But in my view, simple cases of adverbial modification add to the reasons for rejecting this hypothesis, even though Davidson rightly diagnosed many implications involving adverbs as cases of conjunct-reduction in the scope of an existential quantifier. I think the (...) puzzles in this vicinity reflect “framing effects,” which reveal the implausibility of certain assumptions about how linguistic meaning is related to truth and logical form. We need to replace these assumptions with alternatives, instead of positing implausible values of event-variables or implausible relativizations of truth to linguistic descriptions of actual events. (shrink)