A type of transcendental argument for libertarian free will maintains that if acting freely requires the availability of alternative possibilities, and determinism holds, then one is not justified in asserting that there is no free will. More precisely: if an agent A is to be justified in asserting a proposition P (e.g. "there is no free will"), then A must also be able to assert not-P. Thus, if A is unable to assert not-P, due to determinism, then A is not (...) justified in asserting P. While such arguments often appeal to principles with wide appeal, such as the principle that ‘ought’ implies ‘can’, they also require a commitment to principles that seem far less compelling, e.g. the principle that ‘ought’ implies ‘able not to’ or the principle that having an obligation entails being responsible. It is argued here that these further principles are dubious, and that it will be difficult to construct a valid transcendental argument without them. (shrink)

Utilitarianism has often been understood as a theory that concerns itself first and foremost with the rightness of actions; but many other things are also properly subject to moral evaluation, and utilitarians have long understood that the theory must be able to provide an account of these as well. In a landmark article from 1976, Robert Adams argues that traditional act utilitarianism faces a particular problem in this regard. He argues that a on a sensible utilitarian account of the rightness (...) of an agent’s motives, right motives will sometimes conflict with right actions, leaving the theory internally incoherent. The puzzle Adams raises has received a good deal of attention but few proposed solutions. Fred Feldman, however, has offered a solution that seems to be gaining adherents. In this paper I argue that Feldman’s approach cannot succeed. At bottom, it relies on a version of the principle that ‘ought’ implies ‘can’—and subsequently an account of an agent’s alternatives—that is far too restrictive to be plausible. Despite the failure of this solution, however, I argue that the conflict Adams develops is not as theoretically troubling as he suggests. While traditional act utilitarianism may fail for other reasons, it will not fail due to the conflict between acts and motives. (shrink)

Haji argues that determinism threatens deontic morality, not via a threat to moral responsibility, but directly, because of the principle that ‘ought’ implies ‘can’. Haji’s argument requires not only that we embrace an ‘ought’ implies ‘can’ principle, but also that we adopt the principle that ‘ought’ implies ‘able not to’. I argue that we have little reason to adopt the latter principle, and examine whether deontic morality might be destroyed on the basis of the more commonly embraced (...) ‘ought’ implies ‘can’ principle alone. I argue that despite what look like initially compelling reasons why we might suppose that this weaker conclusion is similarly destructive to deontic morality, we actually have good reason to doubt that it has any practical relevance for moral deliberation at all. (shrink)

Most philosophers believe that a person can have an obligation only insofar as she is able to fulfil it, a principle generally referred to as “Ought Implies Can”. Arguably, this principle reflects something basic about the ordinary concept of obligation. However, in a paper published recently in this journal, Wesley Buckwalter and John Turri presented evidence for the conclusion that ordinary people in fact reject that principle. With a series of studies, they claimed to have demonstrated that, in people’s (...) judgements, obligations persist irrespective of whether those who hold them have the ability to fulfil them. We argue in this paper that due to some problems in their design, Buckwalter & Turri’s conclusions may not be war- ranted. We present the results of a series of studies demonstrating the problems with their design and showing that, with an improved design, people judge that obligation depends on ability after all. (shrink)

The moral principle that Ought Implies Can (“OIC”) is often assumed without argument in normative discourse. Is this assumption defensible? Some would argue that it is not, as there are many purported counterexamples against it in the literature. However, OIC is not so much a single principle as rather a family of them. In this paper, I will argue that, while not every OIC-type principle is defensible, at least one of them may be. I defend the cognate moral principle (...) that Ought Implies Can or Could Have (“OICCH”). I first show that it is able to circumvent the traditional counterexamples to OIC. And then I show that OICCH is even more plausible than some of the best alternative OIC-type principles to date. The upshot of this paper is that those who find OIC compelling should consider accepting OICCH instead. (shrink)

Defenders of the Kantian maxim, i.e. ‘ought’ implies ‘can’, defend the maxim taking the term “implication” in the sense of ‘entailment’. But if it is granted that “implication” means entailment, then it can be shown that the Kantian maxim that ‘ought’ implies ‘can’ is false. Sinnott-Armstrong attempts to prove the falsity of the maxim by his argument from Self-Imposed Impossibility in which he offers his famous example of Adams. But Sinnott-Armstrong’s example of Adams appears to be not strong (...) enough to prove the falsity of the maxim; it is a subject to be captured by a version of the maxim, namely the Maxim-KT. That is why two new examples of the argument from Self-Imposed Impossibility are presented in this paper which are stronger and are able to prove the falsity of the Kantian maxim. (shrink)

Those who want to deny the ‘ought implies can’ principle often turn to weakened views to explain ‘ought implies can’ phenomena. The two most common versions of such views are that ‘ought’ presupposes ‘can’, and that ‘ought’ conversationally implicates ‘can’. This paper will reject both views, and in doing so, present a case against any pragmatic view of ‘ought implies can’. Unlike much of the literature, I won't rely on counterexamples, but instead will argue that each of (...) these views fails on its own terms. ‘Ought’ and ‘can’ do not obey the negation test for presupposition, and they do not obey the calculability or the cancelability tests for conversational implicature. I diagnose these failures as partly a result of the importance of the contrapositive of ‘ought implies can’. I end with a final argument emphasizing the role the principle plays in moral thinking, and the fact that no pragmatic account can do it justice. (shrink)

According to the Ought-Implies-Can principle (OIC), an agent ought to perform a certain action only if the agent can perform that action. Proponents of OIC interpret this supposed implication in several ways. Some argue that the implication in question is a logical one, namely, entailment. Some think that the relation between ‘ought’ and ‘can’ is a relation of presupposition. Still others argue that ‘ought’ conversationally implicates ‘can’. Opponents of OIC offer a variety of counterexamples in an attempt to show (...) that there are cases in which an agent ought to perform a certain action even though she cannot perform that action. Such counterexamples often involve either culpable or nonculpable inability. In cases of culpable inability, the agent renders herself unable to fulfill an obligation. For example, a student is unable to submit a paper on the due date because she procrastinated until it became too late to write a paper by the assigned deadline. In cases of non-culpable inability, the agent somehow becomes unable to fulfill an obligation, through no fault of her own. For example, an agent becomes unable to pay back a loan to a bank because she was robbed on her way to the bank. This paper attempts to offer counterexamples to OIC of a sort different from the one discussed by opponents of OIC so far. If these counterexamples are correct, then they seem to suggest that there are cases in which an agent has an obligation to perform an action even though she may not be able to perform that action, and thus OIC is false. In other words, ‘ought’ does not imply ‘can’. (shrink)

According to a common caricature of Kant’s ethics, it is synonymous with the Categorical Imperative (CI) and with the sublime and clarion call of duty. But in this paper, I argue that the conjunction of Kant’s concept of duty and his idea of morality as a system of imperatives is unsustainable on the grounds that it commits him to the following two theses: (I) If an agent has a duty to D, then she must be constrained to D, and (II) (...) the Supreme Law of Morality always manifests in the form of duty for humans. I begin by examining (and rejecting) various attempts to defend these two theses. I then explore how this bears on various central aspects of Kant's thought including “ought implies can” (OIC), “ought implies able not to” (OIAN), his system of duties, and the nature of respect. (shrink)

This paper aims to contribute to the current debate about the status of the “Ought Implies Can” principle and the growing body of empirical evidence that undermines it. We report the results of an experimental study which show that people judge that agents ought to perform an action even when they also judge that those agents cannot do it and that such “ought” judgments exhibit an actor-observer effect. Because of this actor-observer effect on “ought” judgments and the Duhem-Quine thesis, (...) talk of an “empirical refutation” of OIC is empirically and methodologically unwarranted. What the empirical fact that people attribute moral obligations to unable agents shows is that OIC is not intuitive, not that OIC has been refuted. (shrink)

l. There is an antinomy in Hare's thought between Ought-Implies-Can and No-Indicatives-from-Imperatives. It cannot be resolved by drawing a distinction between implication and entailment. 2. Luther resolved this antinomy in the l6th century, but to understand his solution, we need to understand his problem. He thought the necessity of Divine foreknowledge removed contingency from human acts, thus making it impossible for sinners to do otherwise than sin. 3. Erasmus objected (on behalf of Free Will) that this violates Ought-Implies-Can (...) which he supported with Hare-style ordinary language arguments. 4. Luther a) pointed out the antinomy and b) resolved it by undermining the prescriptivist arguments for Ought-Implies-Can. 5. We can reinforce Luther's argument with an example due to David Lewis. 6. Whatever its merits as a moral principle, Ought-Implies-Can is not a logical truth and should not be included in deontic logics. Most deontic logics, and maybe the discipline itself, should therefore be abandoned. 7. Could it be that Ought-Conversationally-Implies-Can? Yes - in some contexts. But a) even if these contexts are central to the evolution of Ought, the implication is not built into the semantics of the word; b) nor is the parallel implication built into the semantics of orders; and c) in some cases Ought conversationally implies Can, only because Ought-Implies-Can is a background moral belief. d) Points a) and b) suggest a criticism of prescriptivism - that Oughts do not entail imperatives but that the relation is one of conversational implicature. 8. If Ought-Implies-Can is treated as a moral principle, Erasmus' argument for Free Will can be revived (given his Christian assumptions). But it does not 'prove' Pelagianism as Luther supposed. A semi-Pelagian alternative is available. (shrink)

Positing group level obligations has come under attack from concerns relating to agency as a necessary requirement for obligation bearing. Roughly stated, the worry is that since only agents can have moral obligations, and groups are not agents, groups cannot have moral obligations. The intuition behind this constraint is itself based on the ability requirement of 'ought implies can': in order for a group to have an obligation it must have the ability to perform an action, but only agents (...) can have abilities. This paper argues that from accounts of shared agency we can develop a concept of joint ability, undermining the problem of agency for group obligations. (shrink)

A recent challenge to statist arguments defending the right of states to exclude prospective immigrants maintains that such statist arguments prove too much. Specifically, the challenge argues that statist arguments, insofar as they are correct, entail that states may permissibily exclude current members' newcomers by birth, which seems to violate a widely held intuition that members' newcomers by birth ought automatically to be granted membership rights. The basic claim is that statist arguments cannot account for the differntial treatment between prospective (...) immigrants and newcomers by birth. Call this the newcomer-by-birth objection. This article rejects the newcomer-by-birth rejection. It begins by sketching the precise extent to which the objection applies to statist arguments. It then examines the case of newcomers by birth and argues for a principled basis for treating them differentially from prospective immigrants such that a right to exclude prospective immigrants need not entail a right to exclude newcomers by birth. But this distinction holds only in most cases, not all, and therefore the newcomer-by-birth objection is not entirely defeated. With respect to the cases in which the objection does hold, it is argued that such cases are morally akin to international adoption, and thus morally benign. All considered, statist arguments easily survive the newcomer-by-birth objection. (shrink)

In “Belief in the Face of Controversy,” Hilary Kornblith argues for a radical form of epistemic modesty: given that there has been no demonstrable cumulativeprogress in the history of philosophy – as there has been in formal logic, math, and science – Kornblith concludes that philosophers do not have the epistemic credibility to be trusted as authorities on the questions they attempt to answer. After reconstructing Kornblith's position, I will suggest that it requires us to adopt a different conception of (...) philosophy's epistemic value. First, I will argue that ‘progress’ has a different meaning in logic, science and philosophy, and that to judge one of these disciplines by the standards appropriate to one of the others obscures the unique epistemic functions of all. Second, I will argue that philosophy is epistemically unique in that it is a non-relativistic but historically determined excavation of foundations. Finally, drawing on Frank Herbert's Dune, I will suggest that Kornblith leaves us with a choice between two epistemic ideals: the hyper-logical ‘Mentat,’ or the historically informed ‘pre-born.’. (shrink)

This paper tests a theory about the relationship between two important topics in moral philosophy and psychology. One topic is the function of normative language, specifically claims that one “ought” to do something. Do these claims function to describe moral responsibilities, encourage specific behavior, or both? The other topic is the relationship between saying that one “ought” to do something and one’s ability to do it. In what respect, if any, does what one “ought” to do exceed what one “can” (...) do? The theory tested here has two parts: (1) “ought” claims function to both describe responsibilities and encourage people to fulfill them (the dual-function hypothesis); (2) the two functions relate differently to ability, because the encouragement function is limited by the person’s ability, but the descriptive function is not (the interaction hypothesis). If this theory is correct, then in one respect “ought implies can” is false because people have responsibilities that exceed their abilities. But in another respect “ought implies can” is legitimate because it is not worthwhile to encourage people to do things that exceed their ability. Results from two behavioral experiments support the theory that “ought” exceeds but implies “can.” Results from a third experiment provide further evidence regarding an “ought” claim’s primary function and how contextual features can affect the interpretation of its functions. (shrink)

I develop and defend the view that subjects are necessarily psychologically able to revise their beliefs in response to relevant counter-evidence. Specifically, subjects can revise their beliefs in response to relevant counter-evidence, given their current psychological mechanisms and skills. If a subject lacks this ability, then the mental state in question is not a belief, though it may be some other kind of cognitive attitude, such as a supposi-tion, an entertained thought, or a pretense. The result is a moderately revisionary (...) view of belief: while most mental states we thought were beliefs are beliefs, some mental states which we thought were beliefs are not beliefs. The argument for this view draws on two key claims: First, subjects are rationally obligated to revise their beliefs in response to relevant counter-evidence. Second, if some subject is rationally obligated to revise one of her mental states, then that subject can revise that mental state, given her current psychological mechanisms and skills. Along the way to defending these claims, I argue that rational obligations can govern activities which reflect on one’s rational character, whether or not those activities are under one’s voluntary control. I also show how the relevant version of epistemic ‘ought’ implies ‘can’ survives an objection which plagues other variants of the principle. (shrink)

A familiar complaint against the principle that “ought” implies “can” is that it seems that agents can intentionally make it the case that they cannot perform acts that they nonetheless ought to perform. I propose a related principle that I call the principle that “the thing to do” implies “can.” I argue that the principle that “the thing to do” implies “can” is implied by important but underappreciated truths about practical reason, and that it is not vulnerable (...) to the familiar complaint against “ought” implies “can.” Moreover, I suggest that “the thing to do” implies “can” has interesting implications for “ought” implies “can” - implications that depend on the relation between claims about what we ought to do and claims about the thing to do. (shrink)

This is a short response to Sybille Schmidt's paper (in the same volume) "Is There an Ethics of Forgetting?". The response starts out by admitting that forgetting is an essential function of human existence, that it serves, as it were, an important evolutionary function: that it is good, since it contributes to our well-being, to have the ability to forget. But this does not give us as answer, affirmative or not, to Schmidt’s title question: “Is There an Ethics of Forgetting?” (...) The main impediment to answering this question, certainly to answering it in the affirmative, seems to be a problem that Schmidt mentions but does not in the end tackle head on: the question whether we can willfully forget – or, for that matter, remember – our own or others' past deeds. For if we cannot forget even what we will to forget, then, by the so-called "ought implies can" principle, no obligations (or even permissions) arise for us to forget (or remember) anything. The rest of the response spells out four possible ways of tackling this problem, ultimately arguing that, given the advances in medicine, it might well become possible - and to some extent it is already possible - to forget what we will to forget. (shrink)

I report the results of a follow-up study, designed to address concerns raised by Kurthy and Lawford-Smith in response to my original study on intuitions about moral obligation (ought) and ability (can). Like the results of the original study, the results of the follow-up study do not support the hypothesis that OIC is intuitive. The results of both studies suggest that OIC is probably not a principle of ordinary moral cognition. As I have argued in my paper, I take this (...) to mean that OIC can no longer be taken as axiomatic. It must be argued for without appealing to intuitions. (shrink)

In this paper, I present the results of an experimental study on intuitions about moral obligation (ought) and ability (can). Many philosophers accept as an axiom the principle known as “Ought Implies Can” (OIC). If the truth of OIC is intuitive, such that it is accepted by many philosophers as an axiom, then we would expect people to judge that agents who are unable to perform an action are not morally obligated to perform that action. The results of my (...) experimental study show that participants were more inclined to judge that an agent ought to perform an action than that the agent can perform the action. Overall, participants said that an agent ought to perform an action even when they said that the agent cannot do it. I discuss the implications of these results for the debate over OIC. (shrink)

It is natural and relatively common to suppose that feasibility is a constraint on what we ought to do all-things-considered but not a constraint on what we ought to do as a matter of justice. I show that the combination of these claims entails an implausible picture of the relation between feasibility and desirability given an attractive understanding of the relation between what we ought to do as a matter of justice and what we ought to do all-things-considered.

Many of us feel internally conflicted in the face of certain normative claims that make infeasible demands: say, normative claims that demand that agents do what, given deeply entrenched objectionable character traits, they cannot bring themselves to do. On the one hand, such claims may seem false on account of demanding the infeasible, and insisting otherwise may seem to amount to objectionable unworldliness – to chasing “pies in the sky.” On the other hand, such claims may seem true in spite (...) of making infeasible demands, and insisting otherwise may seem to amount to treating the agents in question with undue lenience – to mistakenly letting them “off the hook.” What is going on? One possibility is that we are making a mistake. I explore the alternative hypothesis that our ambivalent reactions, far from involving any mistake, are entirely consistent and appropriate. Rather than some single privileged ought such that the idea that “ought” implies “feasible” is either true or false, there are simply different oughts that are supposed to be capable of operating in the service of, and playing distinct roles associated with, what I shall call different core normative practices. In particular, there is a) some salient core practice-serving ought for which it’s true that “ought” implies “feasible” and b) some other salient core practice-serving ought for which it’s false that “ought” implies “feasible.” I sketch a framework for understanding different core practice-serving oughts in general and then use this framework to consider which particular core practice-serving oughts might be capable of vindicating our ambivalence. I begin by considering and rejecting a prevalent and prima facie promising account according to which the relevant oughts are the prescriptive ought and the evaluative ought. I then propose a different account that holds that the oughts we need are instead the deliberative ought and the hypological ought. (shrink)

This essay is an investigation into the sense of ‘able’ relevant to free will, where free will is understood as requiring the ability to do otherwise. I argue that van Inwagen's recent functional specification of the relevant sense of ‘able’ is flawed, and that explicating the powers involved in free will shall likely require paying detailed attention to the semantics and pragmatics of ‘can’ and ‘able’. Further, I argue that van Inwagen's promise-level ability requirement on free will is too strong. (...) I also argue that Mele's conjecture that the strength of the ability to perform the ‘alternative’ action be no higher than the strength of the ability exercised in performing an action is mistaken. I suggest there is an asymmetry in the strengths of the abilities which make up the n-way power that comprises free will, and that this looks to have some interesting consequences for the connection between the abilities required for free will and, e.g. the ‘up to us’ locution. (shrink)

In this paper, I argue that the “Ought Implies Can” (OIC) principle, as it is employed in epistemology, particularly in the literature on epistemic norms, is open to counterexamples. I present a counterexample to OIC and discuss several objections to it. If this counterexample works, then it shows that it is possible that S ought to believe that p, even though S cannot believe that p. If this is correct, then OIC, considered from an epistemic point of view, is (...) false, since it is supposed to hold for any S and any p. (shrink)

According to typical ought-implies-can principles, if you have an obligation to vaccinate me tomorrow, then you can vaccinate me tomorrow. Such principles are uninformative about conditional obligations: what if you only have an obligation to vaccinate me tomorrow if you synthesize a vaccine today? Then maybe you cannot vaccinate me tomorrow ; what you can do instead, I propose, is make it the case that the conditional obligation is not violated. More generally, I propose the ought-implies-can-obey principle: an (...) agent has an obligation only at times at which the agent can obey the obligation. I also propose another principle, which captures the idea that ‘ought’ implies ‘can avoid’. I defend both principles mainly by arguing that they help explain why agents lose obligations, including conditional ones. (shrink)

In this paper, I demonstrate that Kant's commitment to an asymmetry between the control conditions for praise and blame is explained by his endorsement of the principle Ought Implies Can (OIC). I argue that Kant accepts only a relatively weak version of OIC and that he is hence committed only to a relatively weak requirement of alternate possibilities for moral blame. This suggests that whether we are transcendentally free is irrelevant to questions about moral permissibility and moral blameworthiness.

Frank Snare had a puzzle. Noncognitivism implies No-Ought-From-Is but No- Ought-From-Is does not imply non-cognitivism. How then can we derive non-cognitivism from No-Ought-From-Is? Via an abductive argument. If we combine non-cognitivism with the conservativeness of logic (the idea that in a valid argument the conclusion is contained in the premises), this implies No-Ought-From-Is. Hence if No-Ought-From-Is is true, we can arrive at non-cognitivism via an inference to the best explanation. With prescriptivism we can make this argument more precise. (...) I develop an account of imperative consequence that underwrites Hare’s principle that you cannot derive imperatives from indicatives. Thus if moral judgments contain an imperative component, it will be impossible to derive moral conclusions from indicative or non-moral premises. Given this account of imperative consequence, we can explain No-Ought-From-Is without appealing to anything as nebulous as the conservativeness of logic. Hence if No-Ought-From-Is is true, we have an inference to the best explanation for prescriptivism. Both lines of argument face problems from Prior. Given Prior’s counterexamples, No-Ought-From-Is as originally conceived is false. The version that survives is No-Non-Vacuous-Ought-From-Is. But the best explanation of this does not include non-cognitivism. With prescriptivism it is worse. For the version of No-Ought-From-Is that prescriptivism ‘explains’ – that is, the version of No-Ought-From-Is that prescriptivism implies – would exclude Prior’s counter-examples to Autonomy as invalid. But they are not invalid. Thus Prior’s counter-examples to No-Ought-From- Is refute prescriptivism. Thus from 1960 onwards R. M.Hare was a dead philosopher walking. But if non-cognitivism cannot be derived from No-Ought-From-Is, this suggests that it is not what Hume was trying to prove. I argue that what Hume was trying to prove is that moral truths are not demonstrable. To be demonstrable, a proposition must be either self-evident or logically derivable from self-evident propositions. By Treatise 3.1.1.27, Hume had proved to his own satisfaction that no moral propositions are self-evident. That leaves open the possibility that they are logically derivable from self-evident but NON-moral propositions. The point of No-Ought-From-Is was to exclude this possibility. If you cannot logically derive moral conclusions from non-moral premises, you cannot demonstrate the truths of morality by deriving them from self-evident but NON-moral truths. I also discuss why Hume abandoned No-Ought-From-Is in the EPM. He had no need of it since he thought he had a proof that (with some exceptions) no nontrivial truths are demonstrable. Hence no non-trivial MORAL truths are demonstrable. No-Ought-From-Is drops out as unnecessary. (shrink)

From the dictum "ought implies can", it has been argued that no account of belief's normativity can avoid the unpalatable result that, for unbelievable propositions such as "It is raining and nobody believes that it is raining", one ought not to believe them even if true. In this article, I argue that this move only succeeds on a faulty assumption about the conjunction of doxastic "oughts.".

According to Wringe 2006 we have good reasons for accepting the existence of Global Collective Obligations - in other words, collective obligations which fall on the world’s population as a whole. One such reason is that the existence of such obligations provides a plausible solution a problem which is sometimes thought to arise if we think that individuals have a right to have their basic needs satisfied. However, obligations of this sort would be of little interest – either theoretical or (...) practical – if they did not give rise, either directly or indirectly, to any kinds of reasons for individuals to behave in certain ways. -/- In this paper, I shall argue that in many situations, forward-looking global obligations give rise to an obligation on individuals to work towards bringing into existence and support an institutional system which will enable their obligations to be met. My argument for this conclusion involves two steps. In the first step, I address a general question about how collective obligations can give rise to individual obligations without being reducible to them, and which obligations they give rise to. Here I give a Kant-inspired argument, based on the principles that ‘ought implies can’ and that the content of the moral law is given by reflecting on how agents should legislate in a kingdom of ends, which is designed to show that collective obligations can give rise to individual obligations. In the second step I apply this principle to the case of global forward-looking obligations. (shrink)

William Alston’s argument against epistemological deontologism rests upon two key premises: first, that we lack a suitable amount of voluntary control with respect to our beliefs, and, second, the principle that “ought” implies “can.” While several responses to Alston have concerned rejecting either of these two premises, I argue that even on the assumption that both premises are true, there is room to be made for deontologism in epistemology. I begin by offering a criticism of Richard Feldman’s invaluable work (...) on ‘role-oughts’, whereupon I development my own positive view in light of Feldman’s shortcomings. The upshot is that while we as epistemic agents are not responsible for the beliefs we form, we are nonetheless responsible for the various bodily or mental activities that typically bear a causal influence on belief formation. (shrink)

In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...) of criminal law ought not to contain legislation of this sort. This conclusion is often based on how the abro- gation relates to the normative claim that the law ought to be predictable. In particular, it has been argued that since the law ought to be predictable, and since this type of analogy legis- lation implied, caused or contributed to the diminution of the law’s predictability, this type of legislation ought to be prohibited. In this paper, we argue that this argument is not entirely correct. While we believe that the law ought to be predictable and that there is evidence for the claim that the Nazis’ intro- duction of analogical reasoning implied, caused, or contributed to a diminution of predictability, this fact is logically too weak to ground the conclusion that necessarily a penal system ought not to contain legislation of this kind. Despite the undeniable wickedness of the Nazi penal system, this type of analogical reasoning can be made consistent with the pre- dictability of the law. We argue that consistency of this sort depends on whether the use of analogy is supplemented by certain contextual background conditions. The occurrence of these conditions blocks an inference from the fact that the law ought to be predictable to the conclusion that a penal system ought not to allow for this type of analogical reasoning. (shrink)

Are John Rawls’s most noticeable methodological contributions, reflective equilibrium and the original position, consistent with each other? I draw attention to a worry that they stand in inconsistent relationships to the claim that ought implies can: it can only be the case that we ought to do something if we can do it.

Hard determinists hold that we never have alternative possibilities of action—that we only can do what we actually do. This means that if hard determinists accept the “ought implies can” principle, they must accept that it is never the case that we ought to do anything we do not do. In other words, they must reject the view that there can be “ought”‐based moral reasons to do things we do not do. Hard determinists who wish to accommodate moral reasons (...) to do things we do not do can instead appeal to Humean moral reasons that are based on desires to be virtuous. Moral reasons grounded on desires to be virtuous do not depend on our being able to act on those reasons in the way that “ought”‐based moral reasons do. (shrink)

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes (...) to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

This paper aims to suggest a new approach to Plato’s theory of being in Republic V and Sophist based on the notion of difference and the being of a copy. To understand Plato’s ontology in these two dialogues we are going to suggest a theory we call Pollachos Esti; a name we took from Aristotle’s pollachos legetai both to remind the similarities of the two structures and to reach a consistent view of Plato’s ontology. Based on this theory, when Plato (...) says that something both is and is not, he is applying difference on being which is interpreted here as saying, borrowing Aristotle’s terminology, 'is is (esti) in different senses'. I hope this paper can show how Pollachos Esti can bring forth not only a new approach to Plato’s ontology in Sophist and Republic but also a different approach to being in general. -/- Keywords Plato; being; difference; image; pollachos esti; pollachos legetai 1. Being, Not-Being and Difference The three dialogues where the notion of "difference" attaches to the notion of being, namely Parmenides II, Sophist and Timaeus,and specifically the first two we try to discuss here. In these dialogues, Plato is going to achieve a new and revolutionary understanding of being which is not anymore based on the notion of "same" as it was before in Greek ontology. It was his discovery, I think, that the notion of being in the Greek ontology is attached to the notion of the "same" and it is because of this attachment that there have always been many problems understanding being especially after Parmenides. That being has always been relying on the "same" can be found out from the way most of the Presocratics understood it. It was based on such a relationship between being and "same" that a later Ionian, Heraclitus of Ephesus, rejected Being by rejecting its sameness: unable to be the same, being cannot be being anymore but becoming. Heraclitus’ criticism of his predecessors’ understanding of being was due to his discovery that what they call being is not the same but different in every moment. The relation of being and sameness reaches to its highest point in Parmenides. What Plato does in using the "difference" is nothing but the establishment of a creative relation between being and "difference". In this new relation, although he is in agreement with Heraclitus that being is not the same but different, he does not do it by use of becoming. He disagrees, on the other hand, with Parmenides that such a relation between being and difference leads to not being. At Parmenides 142b5-6 it is said that if One is, it is not possible for it to be without partaking (μετέχειν) of being (οὐσίας), which leads to the distinction of being and one: -/- So there would be also the being of the one (ἡ οὐσία του̑ ἑνὸς) which is not the same (ταὐτὸν) as the one. Otherwise, it wouldn’t be its being, nor the one would partake of it. (142b7-c1) -/- The fact that what is (ἔστι) signifies (σημαῖνον) is other (ἀλλο) than what One signifies (c4-5), is being taken as a reason for their distinction. The conclusion is that when we say 'one is', we speak of two different things, one partaking of the other (c5-7). Having repeated these arguments of the otherness of being and one at 143a-b, Parmenides says that the cause of this otherness can be neither Being nor One but "difference": -/- So if being is something different (ἕτερον) and one something different (ἕτερον), it is not by being one that the one is different from being nor by its being being that being is other than one, but they are different from each other (ἕτερα ἀλλήλων) by difference (τῷ ἑτερῳ) and otherness (ἄλλῳ). (143b3-6) -/- The fifth hypothesis, 'one is not' (160b5ff.) is also linked with the notion of difference. When we say about two things, largeness and smallness, that they are not, it is clear that we are talking about not being of different (ἕτερον) things (160c2-4). When it is said that something is not, besides the fact that there must be knowledge of that thing, we can say that it entails also its difference: 'difference in kind pertains to it in addition to knowledge' (160d8). Parmenides explains the reason as such: -/- For someone doesn’t speak of the difference in kind of the others when he says that the one is different from the others, but of that thing’s own difference in kind. (160e1-2) -/- Although the theory of being as "difference" is not fulfilled yet, an exact look at what occurs in Sophist can make us sure that this was the launching step for "difference" to get its deserved role in Plato’s ontology. The notion of the "difference" is not yet well-functioned in Parmenides because we can see that being is still attached to the same: -/- For that which is the same is being (ὄν γὰρ ἐστι τὸ ταὐτόν) (162d2-3). -/- The notion of difference in Sophist is the key element based on which a new understanding of being is presented and the problem of not being is somehow resolved. The friends of Forms, the Stranger says, are those who distinguish between being and becoming (248a7-8) and believe that we deal with the latter with our body and through perception while with the former, the real being (ὄντως οὐσίαν) with our soul and through reasoning (a10-11). Being is then bound with the "same" by adding: -/- You say that being always stays the same and in the same state (ἣν ἀεὶ κατὰ ταὐτὰ ὡσαύτως ἔχειν) but becoming varies from one time to another (δὲ ἄλλοτε ἄλλως). (248a12-13) -/- That the theory of the relation of being and capacity (247d8f., 248c4-5) matches more with becoming than with being (248c7-9) must be rejected because being is also the subject of knowledge which is kind of doing something (248d-e). It does, however, confirm that 'both that which changes and also change have to be admitted as existing things (ὄντα) (249b2-3). I believe that this is what Socrates would incline to do at Theaetetus 180e-181a, that is, putting a fight between two parties of Parmenidean being and Heraclitean becoming and then escaping. The solution is that becoming is itself a kind of being and we ought to accept what changes as being. This is what must be done by a philosopher, namely, to refuse both the claim that 'everything is at rest' and that 'being changes in every way' and beg, like a child, for both and say being (τὸὄν) is both the unchanging and that which changes (249c10-d4). This kind of begging for both is obviously under the attack of contradiction (249e-250b). For both and each of rest and change similarly are (250a11-12) but it cannot be said either that both of them change or both of them rest, being must be considered as a third thing both of the rest and change associate with (250b7-10). The conclusion is that 'being is not both change and rest but different (ἕτερον) from them instead' (c3-4). The notion of difference helps Plato to take being departed from both rest and change because it was their sophisticated relation with being that made the opposition of being and becoming. Plato is now trying to separate being from rest and, thus, from "same" by "difference". Such a crucial change is great enough to need a 'fearless' decision (256d5-6). The possibility of being of not being is resulted (d11-12) comes as the answer to the question 'so it’s clear that change is not being and also is being (ἡ κίνησις ὄντως οὐκ ὄν ἐστι καὶ ὄν) since it partakes in being?' (d8-9). It is then by the notion of difference that becoming is considered as that which both is and is not. This coincidence of being and not being about change is apparently similar to Socrates’ paradoxical statement at Republic 477a about what both is and is not. -/- Introduction The Republic 476-477 has always been a matter of controversy mainly about two interwoven points. The first problem is the meaning of being here; that whether what he has in mind is a veridical, existential or propositional sense of being. The second problem is his distinction between the objects of knowledge and opinion which seems to lead, some believe, to the Two Worlds (TW) theory. The crucial point in Republic is that what is considered between knowledge (ἐπιστήμης) and ignorance (α͗γνοιας), namely opinion, must have a different object that leads Socrates to draw the distinction of knowledge and opinion between their objects. The problem of understanding being in the fifth book of the Republic is that when it is said that the Form of F is F but a particular participating in F, both is and is not F, it sounds too bizarre and unacceptable. It cannot be imaginable how a thing can be existent and non-existent at the same time. At the first sight, the only solution seems to be the degrees of existence which is called by Annas (1981, 197) a 'childish fallacy' and a 'silly argument'. Kirwan (1974, 118) thinks that Republic V does not attribute 'any doctrine about existence' to Plato and Kahn (1966, 250) claims that the most fundamental value of einai when used alone (without predicate) is not "to exist" but "to be so", "to be the case" or "to be true". The problems of understanding being in Republic and Sophist besides the difficulties of the existential reading led scholars to the other senses of being, mostly related to the well-known Aristotelian distinctions between different senses of being. In the predicative reading, Annas, for example, refers this difference to the qualified and unqualified application. Whereas the Form of F is unqualifiedly F, a particular instance of F can be F only qualifiedly (1981, 221). Vlastos’ well-known substitution of 'degrees of reality' for 'degrees of being/existence' must be categorized as a predicative reading. Kahn thinks that the basic sense of being for Plato is 'something like propositional structure, involving both predication and truth claims, together with existence for the subject of predication' (2013, 96). Believing that the complete-incomplete distinction terminology is misleading about Plato, he thinks that semantic functions are only second-order uses of the verb and it is the predicative or incomplete function which is fundamental. Suggesting a veridical reading, Fine (2003, 70 ff) thinks that while both existential and predicative readings separate the objects of knowledge and belief, it is only her reading which does not force such separation of the objects and thus does not imply TW. Stokes (1998, 266) thinks that though Fine is right saying that Plato does not endorse TW in book V, she is wrong in rejecting existential in favor of the veridical reading. The reception of existential reading can be seen more obviously in Calvert who thinks, in agreement with Runciman, that 'it would be safer to say that Plato’s gradational ontology is probably not entirely free from degrees of existence' (1970, 46). At Sophist 254d-e Plato singles out five most important kinds (or Forms!?) in which the same (ταὐτὸν) and difference (θάτερον) are regarded besides being, rest and change. They are, therefore, neither the same nor the difference but share in both (b3). Being (τὸ ὄν) cannot be the same also because if they 'do not signify distinct things' both change and rest will have the same label when we say they are (255b11-c1). We have then four distinct kinds, being, change, rest and same, none of them is the other. The case of difference is more complicated. When the stranger wants to assess the relation of being and difference, he can say simply neither that they are distinct nor that they are not. He has to make an important distinction inside being to get able to draw the relation of being and difference: -/- But I think you'll admit that some of the things that are (τῶν ὄντων) are said (λέγεσθαι) by themselves (αὐτὰ καθ’ αὑτά) but some [are said] always referring to (πρὸς) other things (ἄλλα) (255b12-13) -/- The difference is always said referring to other things (τὸδέγ’ ἕτερον ἀεὶ πρὸς ἕτερον) (255d1). It pervades all kinds because each of them should be different from the others and is so due to the difference and not its own nature (253e3f.) After asserting that change is different from being and therefore both is and is not (256d), the difference is described as what makes all the other kinds not be, by making each different from being. Given that all of them are by being, this association of being and difference is the cause of their being and not-being at the same time, the issue that its version at RepublicV made all those controversies we discussed above: -/- So in the case of change and all the kinds, not being necessarily is (Ἔστιν ἄρα ἐξ ἀναγκης τὸ μὴ ὄν). Τhat’s because as applied to all of them, the nature of the difference (ἡ θατέρον φύσις) makes each of them not be by making it different from being. And we’re going to be right if we say that all of them are not in the same way. And conversely [we’re also going to be right if we say] that they are because they partake in being. (Sophist 256d11-e3) -/- Plato’s new construction of five distinct kinds and the role he gives to thedifference among them is aimed to resolve the old problem of understanding being which has always been annoying from the time of Heraclitus and Parmenides. Both the ontological status of becoming and that of not being were, in Plato’s mind, based on the absolute domination of the notion of the Same over being. Now, not only becoming is understandable as being but also not being which is not the contrary of being anymore but only different (ἕτερον) (257b3-4). Though I agree partly with Frede that the account of not being which is needed for false statements is more complicated than just saying, as Cropsey (1995, 101) says, that Plato is substituting 'X is not Y' with 'X is different from Y', I totally disagree with him that when we say X is not beautiful, Plato could not have thought that it is not a matter of its being different from beautiful because 'it would be different from beauty even if it were beautiful by participation in beauty' (1992, 411). Conversely, as we will discuss, it is exactly the relation of the beautiful thing, X, and the beautiful itself, in which X shares that is to be solved by the notion of not being as difference. Though it is beautiful because of sharing in beauty, X is not beautiful because it is different from beautiful itself. What the difference is to do is to show how something can both be and not be the same thing. The difference is what makes one thing both be and not be a certain other thing. This equips the difference with the ability to explain a certain thing’s not-being when it is. Thanks to the notion of difference, it is now possible to explain not only not being but also the simultaneous being and not being of a thing: 'What we call "not-beautiful" is the thing that ἕτερόν ἐστιν from nothing other than του̑ καλου̑ φύσεως' (257d10-11). The result is that not beautiful happens to be (συμβέβηκεν εἶναι) one single thing among kinds of beings (τι τῶν ὄντων τινὸς ἑνὸς γένους) and at the same time set over against one of the beings (πρός τι τῶν ὄντων αὖ πάλιν ἀντιτεθὲν) (257e2-4) and thus be something that happens to be not beautiful (εἶναί τις συμβαίνει τὸ μὴ καλόν); a being set over against being (ὄντος δὴ πρὸς ὄν ἀντίθεσις) (e6-7). Neither the beautiful is more a being (μα̑λλον ... ἐστι τῶν ὄντων) nor not beautiful less (e9-10) and thus both the contraries similarly are (ὁμοίως εἶναι) (258a1). This conclusion, it is emphasized again (a7-9), owes to θατέρου φύσις now turned out as being. Therefore, each of the many things that are of the nature of the difference and set over each other in being (τῆς τοῦ ὄντος πρὸς ἄλληλα ἀντικειμένων ἀντίθεσις) is being as being itself is being (αὐτοῦ τοῦὄν τοςοὐσία ἐστιν) and not less. They are different from, and not the contrary of, each other (a11-b3). This is exactly τὸμὴὄν, the subject of the inquiry (b6-7). Hence, not being has its own nature (b10) and is one εἶδοςamong the many things that are (b9-c3). Such far departing from Parmenides’ ontological principle is done on the basis of the nature of the difference. It was the discovery of such a notion that made the stranger brave enough to say that not being is each part of the nature of the difference that is set over against being (258d7-e3, cf. 260b7-8). That the relation of being and difference is difference is the key element of the new ontology. The difference is, only because of its sharing in being, but it is not that which it shares in but different from it (259a6-8). Not being is exactly based on this difference: ἕτερον δὲ τοῦ ὄντος ὄν ἔστι σαφέστατα ἐξ ἀνάγκης εἶναι μὴ ὄν (a8-b1). 2. Difference and the Being of a Copy We discussed above that the sense of being of particulars in Republic V made so many debates that whether being is there used in an existential sense or not. Particulars in Republic are regarded as images in the allegories of Line and Cave. The being of an image/copy makes, thus, the same problem. Plato’s analogy of original -copy for the relation of Forms and their particulars in Republic has obviously a different attitude to being. The main question is that what is the ontological status of a copy in respect of its original? Are there two kinds of being, 'real being' versus 'being' as Ketchum says (1980, 140) or only one kind? What is the difference of being in an original and its copy? Is it a matter of degrees of being or reality as some commentators have suggested? Is it a matter of being relational? By reducing the ontological issue to an epistemological one, Vlastos’ suggestion of degrees of reality in an article with the same name does neither, I think, pay attention to the problem nor resolve it. He agrees that Plato never speaks of "degrees" or "grades" of reality (1998, 219). What allows him to entitle it as such are some of Plato’s words in Republic as well as Plato’s words in some other dialogues (1998, 219). When Plato states that the Forms only can completely, purely or perfectly be real he means, Vlastos says, they are cognitively reliable (1998, 229); an obvious reduction of the issue to an epistemological one. He thinks that when in Republic we are being said that a particular’s being F is less pure than its Form, it is because it is not exclusively F, but it is and is not F and this being adulterated by contrary characters is the reason of our confused and uncertain understanding of it (1998, 222). Ketchum rightly criticizes Vlastos’ doctrine in its disparting from ontology thinking that 'to understand Plato’s talk of being as talk of reality is to obscure the close relation that exists between "being" and the verb "to be"' (1980, 213). He thinks, therefore, that οὐσία must be understοοd as being rather than reality, τὸὄν as "that which is" and not "that which is real" and … (ibid). His conclusion is that degrees of reality cannot interpret Plato correctly and we must accept degrees of being. Allen believes that a 'purely epistemic' reading of the passage in Republic is patently at odds with Plato’s text (1961, 325). He thinks that not only degrees of reality but also degrees of reality must be maintained (1998, 67). What Cooper suggests gets close to this paper’s solution: -/- Plato does not I think wish to suggest that existence is a matter of degree in the way in which being pleasant or painful is a matter of degree. Rather there are different grades of ontological status. (1986, 241) -/- A more ontological solution for the problem of understanding the being of a copy and its relation with the being of its original is suggested by the theory of copy as a relational entity. Based on this interpretation, 'the very being of a reflection is relational, wholly dependent upon what is other than itself: the original…' (Allen, 1998, 62). As relational entities, particulars have no independent ontological status; they are purely relational entities which derive their whole character and existence from Forms (ibid, 67). Although these relational entities are and have a kind of existence, we must also say that 'they do not have existence in the way that Forms, things which are fully real, do' (ibid). Allen (1961, 331) extends his theory to Phaedo where it is said that particulars are deficient (74d5-7, 75a2-3, 75b4-8), 'wish' to be like (74d10) or desire to be of its nature (75a2); an extension that, like F.C. white (1977, 200), I cannot admit. He correctly states that Plato did not start out with a doctrine of particulars as images and semblances but come to such a view after Phaedo, or perhaps after Republic V (1977, 202). Though we may not agree with him about Republic V, if we have to consider its last pages also, we must agree with him that not only the ontology of Phaedo but also that of Republic II-V (except the last pages of the latter book) are somehow different from (but at the same time appealing to) the ontology of original-copy which should exclusively assign to Sophist, Timaeus and RepublicVI-VII besides the last pages of book V. The answer to the problem of Plato’s sense of being in RepublicV can be reached only if we read Republic V based on and as following Sophist. We can find out his meaning of that which both is and is not only by the ontological status he assigns to a copy in Sophist. The kind of being of a copy in Sophist reveals as Plato’s key for the lock of the problem of not being. Let’s see how the ontological status of a copy is the critical point of Plato’s ontology. In the earlier pages of Sophist, we are still in the same situation about not being. To think that that which is not is is called a rash assumption (237a3-4) and Parmenides’ principle of the impossibility of being of not being is still at work (a8-9). At 237c1-4, the problem of "not being" is noticed in a new way which shows some kinds of a more realistic position to the problem of not being. Nevertheless, not being is still unthinkable, unsayable, unutterable and unformulable in speech (238c10). Soon after mentioning that it is difficult even to refuse not being (238d), the solution to the problem appears: the being of a copy (εἴδωλον) (239d). A copy is, says Theaetetus, something that is made referring to a true thing (πρὸς τἀληθινὸν) but still is 'another such thing (ἕτεροντοιου̑τον)' (240a8). Nevertheless, this 'another such thing' cannot be another such real or true thing. In answer to the question of the Stranger that if this 'another such thing' is the true thing (240a9), Theaetetus answers: οὐδαμῶς ἀληθινόν γε, ἀλλ’ ἐοικὸςμὲν (240b2). A copy’s being 'another such thing' does not mean another true thing but only a resemblance of it. Not only is not a copy another true thing besides the original, but it is the opposite of the true thing (b5) because only its original is the thing genuinely and being a copy is being the thing only untruly. The word ἐοικὸς is opposed to ὄντως ὄν in the next line (240b7): 'So you are saying that that which is like (ἐοικὸς) is not really that which is (οὐκ ὄντως [οὐκ] ὄν)'. But still a copy 'is in a way (ἔστι γε μήν πως)' (b9). While it is not really what it is its resemblance, it has its own being and reality because it really is a likeness (εἰκων ὄντως) (b11). The Stranger asks: -/- So it is not really what is (οὐκ ὄν ἄρα [οὐκ] ὄντως ἐστὶν) but it really is what we call a likeness (ὄντως ἣν λέγομεν εἰκόνα)? (b12-13) -/- This is Plato’s innovative ontological solution to the problem of not being. Theaetetus’ answer confirms this: 'Maybe that which is not is woven together with that which is' (c1-2). Therefore, a copy neither is what really is nor is not-being but only is what in a way is. Thanks to the ontological status of a copy, the third status intermediate between being and not being is brought forth. The essence of an image, in Kohnke’s words, does not consist 'solely in the negation of what is genuine and has real being' because otherwise 'it would be an ὄντως οὐκ ὄν,essentially and really a not being' (1957, 37). The characteristics of a copy can be summed up as folows: i) A copy is a copy by referring to a true thing (πρὸς τἀληθινὸν). ii) A copy is different from that of which it is a copy (ἕτερον). iii) A copy is not itself a true thing (ἀληθινόν) as that of which it is a copy but only that which is like it (ἐοικὸς). iv) It is not really that which really is (ὄντως ὄν) but only really a likeness (εἰκων ὄντως). The conclusion is that: v) A copy in a way (πως) is that means it both is and in not, the product of interweaving being with not being. This leads to the refutation of father Parmenides’ principle, accepting that 'that which is not somehow is (τό τε μὴ ὄν ὡς ἔστι)' and 'that which is, somehow is not (τό ὄν ὡς οὐκ ἔστι) (241d5-7). Besides copies and likenesses (εἰκόνων), we have also imitations (μιμημάτων) and appearances (φαντασμάτων) as the subjects of this new kind of being and thus false belief (241e3). In Timaeus, the world of becoming which cannot correctly be called and thus we have to call it "what is such" (τὸ τοιου̑τον) (49e5) or "what is altogether such" (τὸ διἀ παντὸς τοιου̑τον) (e6-7), consists solely of imitations (μιμημάτα) (50c5) which are identifiable only by the things that they are their imitations. The word τοιου̑τον which had been used to determine the situation of a copy in respect of its original, now becomes the definition of the world of becoming in which everything is an image of another thing, a Being, that stays always the same and is different and separated from its image. Cherniss, in my view rightly, draws attention to the very important point about the ontological status of an image that can at the same time be considered a criticism of the relational theory. What we are being said in Timaeus, he thinks,cannot be explained by saying that an image is not self-related and making its being relational. What is crucial about an image is that it 'stands for something, refers to something, means something and this meaning the image has not independently as its own but only in reference to something else apart from it' (1998, 296). This function finds its best explanation in the theory we are to suggest in the following. 3. πολλαχῶς ἔστι The best way to understand the ontological status of an image in Plato is to see first how his most clever pupil, Aristotle, resolved the same problem that Plato brought his theory of image for its sake. Aristotle’s theory of pollachos legetai is a brilliant and, at the same time, deviated version of Plato’s theory that is able, however, to help us read Plato in a better way. We discuss Aristotle’s theory to reach to a full understanding of Plato’s theory because it is, firstly, constructed in Aristotle in a more clear way and, secondly, it can also be taken as an evidence that our reading of Plato is legitimate. The phrase τὸ ὄν πολλαχῶς λέγεται, a so much repeated phrase in Aristotle’s works, is his resolution for some of the ontological problems of his predecessors all treating being as if it has only one sense. Aristotle is right in his criticism of the philosophical tradition specially Heraclitus, Parmenides and Plato since all did presuppose only one sense for being and his theory is, thus, a creative and revolutionary solution for many problems that all the past philosophers were stuck in. But it is at the same time somehow a borrowed theory. As we will discuss, both the structure of the doctrine and the problems it tries to resolve are the same as Plato’s doctrine (and even is comparable in its phraseology) though it is in Aristotle, as can be expected, a more clear and better structured doctrine. 1) Associated with the theory of pros hen and the theory of substance, the theory of several senses of being provides a structure which, I insist, is the best guide to understand Plato’s theory of Being in Sophist, Timeaus and Republic. a) Although the theory of pollachos legetai is not necessarily based on the theory of pros hen, they become tightly interdependent about being: -/- Being is said in many ways/senses (τὸ δὲ ὄν λέγεται μὲν πολλαχῶς) but by reference to one (πρὸς ἕν) [way/sense] and one kind of nature (μίαν τινὰ φύσιν). (Metaphysics 1003a33-34) -/- The doctrine of pros hen which is Aristotle’s initiative third alternative besides the homonymous and synonymous application of words, is primarily a linguistic theory that tries to provide a new theory to explain the different implementations of the same word. The pros hen implementation of being is to provide an alternative for the theory of the synonymous (in Plato: homonymous) implementation of being which says being is said in one sense (kath hen) (1060b 32-33). That both the pros hen and the kath hen implementation of a word has one thing (hen) as what is common, makes them in opposition to the homonymous implementation which does not consider anything in common. Whereas both pros hen and kath hen assume a common nature, with which all the implementations of the word have some kind of relation, their difference is that while kath hen takes all the implementations of the word as the same with the common nature, pros hen makes them different. Substance is called πρῶτον ὄν because it is said to be primarily: -/- For as is (τὸ ἔστιν) is predicated of all things, not however in the same way (οὐχ ὁμοίως) but of one sort of thing primarily and of others in a secondary way. So too τὸτί ἐστιν belongs simply (ἁπλῶς) to substance but in a limited sense (πῶς) to the others [other categories] (1030a21-23). -/- The word ἁπλῶς standing against κατὰ συμβεβηκός tries to make substance different from the accidents. When we are being said that τὸ ὄν πολλαχῶς λέγεται, it means that only the substance that is simply (ἁπλῶς) the ἕν, the common nature, τὸὄν. When we use the word 'being' about a substance, the being is said differently from when we use 'being' about an accident. The distinction between the substance and the other categories is a distinction between what simply is said to be and what only with reference to (pros) the substance is said to be. The doctrine of pros hen, changing kath hen to pros hen in respect of to on, makes a distinction that wants to show that while there is a kind of implementing the word being that is simply being, there is another kind which is called being only by reference to that which is simply being. In the doctrine of pros hen it is not so that all the things that are said to be are only by reference to a common one thing, but that while one thing is called being because it is that thing itself, the other things are called so without being that thing itself but only by referring to it. At the very beginning of book Γ, it is said that: -/- Being is said in many senses but all refer to one arche. Some things are said to be because they are substances, others because they are affections of substances, others because they are a process towards substances or destructions or privations or qualities of substances … (1003b5-9, cf. 1028a18-20) -/- Substance is what really is said to be and all other things that are said to be are said only in favor of it. This difference of substance from all other senses of being is what is, I believe, primarily aimed in Aristotle’s interrelated theories of pollachos legetai,pros hen and the theory of substance. b) The difference of the implementation of being in the case of substance and the accidents goes so deep that while substance is considered as the real being, the accidents are almost not being. An accident is a mere name (Metaphysics 1026b13-14) and is obviously akin to not being (b21). Aristotle adds that Plato was 'in a sense not wrong' saying that sophists deal with not being (τὸ μὴ ὄν) because the arguments of sophists are, above all, about the accidental (1026b13-16). At the beginning of book , he says about quality and quantity (which look to be more of a being than other accidents) that they are not existent (οὐδ̕ ὄντα ὡς εἰπεῖν) in an unqualified sense (ἁπλῶς) (1069a21-22). The two above-mentioned points, Aristotle’s (a) interwoven theories of pollachos legetai, pros hen and the theory of substance and (b) taking accidents almost as not being, comparedwith substance, brings forth a structure that I shall call Pollachos Legetai (with capital first letters). What is of the highest importance in this structure for me is the difference of substance from accidents and the kind of relation which is settled between them. There is a substance that without any qualification is said to be and the accidents that are said to be only by reference (pros) to it. Adding Aristotle’s point about accidents that they are nearly not being to this relation and difference, we can obviously see how much this structure is close to Plato’s original-copy ontology. We spoke of the relation of being and difference in Plato’s model and the way Plato construes the being of a copy. A copy is a copy only by referring to (pros) a model; it is different from (ἕτερον) that of which it is a copy; it is not itself a true thing as its model and not really that which is (ὄντως ὄν) but only is in a way (πῶς). If we behold the difference of substance and accident in the context of the theory of pollachos legetai and pros hen, we can observe its fundamental similarity with Plato’s original-copy theory in its structure. Allen draws attention to the fact that the relation between Forms and particulars in Plato’s original-copy model is 'something intermediate between univocity and full equivocity' (1998, 70, n. 24) and the same as what Aristotle calls it pros hen (ibid). What made us compare the two structures was not, of course, the complete similarity of two structures (we have to agree with many possible differences of the two theories) but exactly the specific relation between an original and its copy on the one hand, and a substance and its accident on the other hand. As substance and accident do not share a common character and the substance -accident model hints that they stand in a certain relation, there is no common character between the original and copy in Plato’s model as well. Furthermore, their similarity is not confined to their structure only; they are also aimed to solve the same problem. The central point of the theory is that all the predecessors took being in one sense and this was their weakness point. Besides the mentioned above passages about the relation of pollachos legetai and presocratics’, as well as Plato’s, ontology, the relation of the theory with the problem of not being is clear in several passages. In Metaphysics, it is said: 'Being is then said in many senses… It is for this reason that we say even of not being that it is not being' (1003b5-10). Discussing the accidental sense of being, Aristotle points that it is in the accidental way that we say, for example, that not-white is because that of which it is an accident is (1017a18-19, cf. 1069a22-24). We mentioned that he thought Plato was right saying that sophistic deals with not being because sophistic deals with accidental, which is somehow not being (1026b14-16). Plato turned sophistic not-being to what both is and is not and Aristotle to what accidentally is said to be. What helps Aristotle to resolve the problem of not being is his distinction between ἁπλῶς and κατὰ σθμβεβηκός. Aristotle’s "qua" (ᾕ) which is directly linked with his distinction between καθ’ αὑτο λέγεται and κατὰ συμβεβηκός λέγεται, is used to resolve the old problem of coming to be out of not being (Physics 191b4-10). He strictly asserts that his predecessors could not solve the problem because they failed to observe the distinction of "qua itself" from "qua another thing" (b10-13). He then continues: -/- We ourselves are in agreement with them in holding that nothing can be said simply (ἁπλως) to come from not being (μὴὄντος). But nevertheless we maintain that a thing may come to be from not being in an accidental way (κατὰ συμβεβηκός). For from privation which ὅ ἐστι καθ’ αὑτο μὴ ὄν, nothing can become. (Phy. 191b13-16, cf. b19-25) . (shrink)

Deontological evidentialism is the claim that S ought to form or maintain S’s beliefs in accordance with S’s evidence. A promising argument for this view turns on the premise that consideration c is a normative reason for S to form or maintain a belief that p only if c is evidence that p is true. In this paper, I discuss the surprising relation between a recently influential argument for this key premise and the principle that ought implies can. I (...) argue that anyone who antecedently accepts or rejects this principle already has a reason to resist either this argument’s premises or its role in support of deontological evidentialism. (shrink)

In this chapter, I argue that Kant can be read as holding that "ought" judgments follow from certain "is" judgments by mere analysis. More specifically, I defend an interpretation according to which (1) Kant holds that “S ought to F” is analytically equivalent to “If, as it can and would were there no other influences on the will, S’s faculty of reason determined S’s willing, S would F” and (2) Kant’s notions of reason, the will, and freedom are all fundamentally (...) non-normative. Not only does this reading have significant textual support, but, I claim, it also sheds light on why Kant takes freedom and morality to mutually imply one another. Moreover, while Kant does take there to be a gap between moral judgments and empirical descriptive statements, that gap is consistent with the analysis in question. I conclude by arguing that this rejection of the is-ought gap is not as philosophically implausible as it might seem, with a focus on G.E. Moore and Hume’s arguments for certain ‘gaps’ between the normative and the non-normative. (shrink)

Knows-knows principles in epistemology say that if you know some proposition, then you are in a position to know that you know it. This paper examines the viability of analogous principles in ethics, which I call ought-ought principles. Several epistemologists have recently offered new defences of KK principles and of other related principles, and there has recently been an increased interest in examining analogies between ethics and epistemology, and so it seems natural to examine whether defences of KK and related (...) principles carry over to OO principles. In this paper, I introduce two OO principles, and I show how some arguments in favour of KK carry over to them. Then I show how these OO principles can be used to shed light on a much-discussed case in ethics, that of Professor Procrastinate. (shrink)

When we can’t live up to the ultimate standards of morality, how can moral theory give us guidance? We can distinguish between ideal and non-ideal theory to see that there are different versions of the voluntarist constraint, ‘ought implies can.’ Ideal moral theory identifies the best standard, so its demands are constrained by one version. Non-ideal theory tells us what to do given our psychological and motivational shortcomings and so is constrained by others. Moral theory can now both provide (...) an ultimate standard and give us guidance; this view also gives us new insights into demandingness and blame. (shrink)

STIT logic is a prominent framework for the analysis of multi-agent choice-making. In the available deontic extensions of STIT, the principle of Ought-implies-Can (OiC) fulfills a central role. However, in the philosophical literature a variety of alternative OiC interpretations have been proposed and discussed. This paper provides a modular framework for deontic STIT that accounts for a multitude of OiC readings. In particular, we discuss, compare, and formalize ten such readings. We provide sound and complete sequent-style calculi for all (...) of the various STIT logics accommodating these OiC principles. We formally analyze the resulting logics and discuss how the different OiC principles are logically related. In particular, we propose an endorsement principle describing which OiC readings logically commit one to other OiC readings. (shrink)

We defend a realistic attitude towards biological species. We argue that two species are not different species because they differ in intrinsic features, be they phenotypic or genomic, but because they are separated with regard to gene flow. There are no intrinsic species essences. However, there are relational ones. We argue that bearing a gene flow relation to conspecifics may serve as the essence of a species. Our view of the species as a Gene-Flow Community differs from Mayr’s definition of (...) the species as a reproductive community. In a reproductive community, each organism is able to successfully reproduce with each other. However, there are species in which geographically distant organisms lost their ability to successfully reproduce, due to strong genetic adaptations to the respective local environmental conditions. Despite this loss of the ability to mutually reproduce, they are still bound by gene flow via continuous intermediate populations. This replacement of Mayr’s notion of an interbreeding potential as a criterion for species membership has important implications for the treatment of populations in allopatry and sympatry. (shrink)

Kant's conception of autonomy presents the following problem. If, following Kant's explicit lead, we consider autonomy as the universal principle of morality and ground of the actions of rational beings (e.g. G 4:452), then self-legislation is best understood as a prescription by reason to itself. Applied to individual cases of willing, the term 'autonomy' describes the bringing of a set of practical attitudes under rational legislation. Agents may count as autonomous then, insofar as and only to the extent that they (...) are able to implement reason's prescription. This is the bare Kantian picture. The problem, as Schiller originally put it, is that this is also a picture of self-alienation, since parts of one's identity, feelings, emotions, and attachments, are kept at arm's length and treated with suspicion (e.g. AW XXb: 280). Schiller's point is that there must be something that makes autonomy different from mere rationomy. For Schiller this matters because he thinks that a rationalist prescriptive ethic is deeply unattractive and because, anticipating contemporary theories of personal autonomy, he wants to defend an integrative conception of autonomous agency. No such further commitments are needed, however, to see that the bare picture needs adding to it, to show how the principle of reason's self-legislation not only has a grip on individual agents, but also can express their autonomy. (shrink)

Recent experimental studies dispute the position that commonsense morality accepts ‘Ought’ Implies ‘Can’, the view that, necessarily, if an agent ought to perform some action, then she can perform that action. This paper considers and supports explanations for the results of these studies on the hypothesis that OIC is intuitive and true.

It is generally thought that ought implies can. If this maxim is correct, then my inability to do otherwise entails that I cannot be blamed for failing to do otherwise. In this article, however, I use Harry Frankfurt’s famous argument against the "Principle of Alternative Possibilities" (PAP) to show that the maxim is actually false, that I can be blamed for failing to do otherwise even in situations where I could not have done otherwise. In these situations, I do (...) not act otherwise not because I cannot act otherwise but because I choose not to act otherwise.None. (shrink)

Can it be better or worse for a person to be than not to be, that is, can it be better or worse to exist than not to exist at all? This old 'existential question' has been raised anew in contemporary moral philosophy. There are roughly two reasons for this renewed interest. Firstly, traditional so-called “impersonal” ethical theories, such as utilitarianism, have counter-intuitive implications in regard to questions concerning procreation and our moral duties to future, not yet existing people. Secondly, (...) it has seemed evident to many that an outcome can only be better than another if it is better for someone, and that only moral theories that are in this sense “person affecting” can be correct. The implications of this Person Affecting Restriction will differ radically, however, depending on which answer one gives to the existential question. Melinda Roberts (2003) and Matthew Adler (2009) have defended an affirmative answer to the existential question using an assumption that one can asribe a zero level of wellbeing to a person in a world in which that person doesn't exist. Contrariwise, Derek Parfit (1984), John Broome (1999), and others have worried that if we take a person’s life to be better for her than non-existence, then we would have to conclude that it would have been worse for her if she did not exist, which is absurd: Nothing would have been worse or better for a person if she had not existed. The paper suggests that an affirmative answer to the existential question can avoid such absurdities: One can claim that, say, it is better for a person to exist than not to exist, without implying that it would have been worse for a person if she had not existed or that her level of wellbeing would then have been lower. (shrink)

It is sometimes argued that non-agent collectives, including what one might call the ‘global collective’ consisting of the world’s population taken as a whole, cannot be the bearers of non-distributive moral obligations on pain of violating the principle that ‘ought implies can’. I argue that one prominent line of argument for this conclusion fails because it illicitly relies on a formulation of the ‘ought implies can’ principle which is inapt for contexts which allow for the possibility of non-distributive (...) plural predications of agency, which are precisely the contexts in which we might expect non-agents to be obligation-bearers. (shrink)

In Morals from Motives, Michael Slote proposed an agent-based approach to virtue ethics in which the morality of an action derives solely from the agent’s motives. Among the many objections that have been raised against Slote’s account, this article addresses two problems associated with the Kantian principle that ought implies can. These are the problems of “deficient” and “inferior” motivation. These problems arise because people cannot freely choose their motives. We cannot always choose to act from good motives; nor (...) can we always avoid acting from bad ones. Given this, Slote’s account implies that we sometimes cannot do what we ought to do, contrary to Kant’s principle. In this article, I propose an alternative agent-based account which, I argue, circumvents these problems. While people cannot choose their motives, they can choose their intentions. By characterizing virtuous action, as I do, in terms of good intentions rather than in terms of good motives, the conflict between what people can do and what they ought to do is resolved. (shrink)

This paper presents the strongest version of a non-perdurantist four-dimensionalism: a theory according to which persisting objects are four-dimensionally extended in space-time, but not in virtue of having maximal temporal parts. The aims of considering such a view are twofold. First, to evaluate whether such an account could provide a plausible middle ground between the two main competitor accounts of persistence: three-dimensionalism and perdurantist four-dimensionalism. Second, to see what light such a theory sheds on the debate between these two competitor (...) theories. I conclude that despite prima facie reasons to suppose that non-perdurantist four-dimensionalism might be a credible alternative to either other account of persistence, ultimately the view is unsuccessful. The reasons for its failure illuminate the sometimes stagnant debate between three-dimensionalists and perdurantists, providing new reasons to prefer a perdurantist metaphysics. (shrink)

This paper presents the strongest version of a non-perdurantist four-dimensionalism: a theory according to which persisting objects are four-dimensionally extended in space-time, but not in virtue of having maximal temporal parts. The aims of considering such a view are twofold. First, to evaluate whether such an account could provide a plausible middle ground between the two main competitor accounts of persistence: three-dimensionalism and perdurantist four-dimensionalism. Second, to see what light such a theory sheds on the debate between these two competitor (...) theories. I conclude that despite prima facie reasons to suppose that non-perdurantist four-dimensionalism might be a credible alternative to either other account of persistence, ultimately the view is unsuccessful. The reasons for its failure illuminate the sometimes stagnant debate between three-dimensionalists and perdurantists, providing new reasons to prefer a perdurantist metaphysics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume 31, Number 1, April 2005, pp. 123-144 Laws Not Men: Hume's Distinction between Barbarous and Civilized Government NEIL McARTHUR 1. Introduction Hume uses the adjectives "civilized" and "barbarous" in a variety of ways, and in a variety of contexts. He employs them to describe individuals, societies, historical eras, and forms of government. These various uses are closely related. Hume thinks that cultural and political development are (...) intimately connected, and are mutually dependent. Civilized government goes together with civilized society. A wise ruler cannot emerge before "refinements have taken place" in the society at large and "science [becomes] known in the world." At the same time, the policy of a monarch who is "ignorant and uninstructed... for ever prevents all improvements."1 This intimate connection, however, is not an identification. A civilized government is not simply that which produces, or results from, a civilized society. When discussing forms of government, Hume uses the terms "barbarous" and "civilized" consistently and somewhat narrowly, to describe governments that possess certain specific characteristics. It is striking that these characteristics are explicitly divorced from the abilities or characters of the rulers. While a nation requires wise and refined leadership to achieve its civilized status, Hume thinks it is a crucial feature of civilized government that, once established, it depends Neil McArthur is at the University of Manitoba, Winnipeg, Manitoba R3T 2M8, Canada, e-mail: [email protected] 124 Neil McArthur entirely on its institutional structure, and not on the talents or intentions of any individual or group. To understand Hume's distinction between these two kinds of government, it is useful to abstract away from his discussion of more general issues of cultural development, and to lay temporarily aside the causal question of what social and economic conditions are necessary to produce a civilized government. I propose to explain Hume's concepts of barbarous and civilized government just in terms of the institutional characteristics possessed by each. Hume's choice of adjectives is not, of course, accidental. The complex causal questions of how a civilized government comes about, and what is its relation to civilized society, are large and important ones. However, 1 do not propose to take them up here.2 The crucial feature dividing civilized and barbarous government is their relation to law. In his essay "Of Civil Liberty" Hume says: "It may now be affirmed of civilized monarchies, what was formerly said in praise of republics alone, that they are a government of Laws, not of Men."3 "Barbarous government" are thus "governments of men"—he also calls them governments "of will."4 Scholars of Hume's political theory have noted the importance of the rule of law in defining "civilized government. "5 However, they have not made clear precisely what Hume thinks precisely defines a "government of laws. " I submit that such a government must (for Hume) possess three characteristics. It must have: 1. A clear separation between the legislative and magisterial "powers" of the state; 2. A rigid subordination of the magisterial to the legislative power, such that the "discretion" of magistrates is restricted by "general laws"; 3. Self-sufficient laws and institutions, such that they are able to operate regardless of the intentions or abilities of individual rulers or officeholders. To this end, a government of laws must possess fixed rules governing the succession of officers, including (in a civilized monarchy) succession to the throne. Hume thinks specific governments may meet these criteria to varying degrees through time (with regression also possible). His use of the term "civilized government" nevertheless implies that it exists as a distinct, and achievable, ideal. An examination of Hume's theory of civilized government shows his understanding of the rule of law to be more subtle and complex than has previously been acknowledged. Hume moves beyond traditional Whig panegyrics on the rule of show to show how the law must operate if it is to protect people from oppression in the local theatres in which it is most acute. He articulates a theory of "civilized monarchy" that provides a middle path between republican and absolutist theories of government, and that is consistent his philosophy as a whole. Hume Studies Laws... (shrink)