Criminal offences and regulatory breaches in using social networking evidence in personal injury litigation Pages 2-7 Current Criminal Law ISSN 1758-8405 Volume 2 Issue 3 March 2010 Author SALLY RAMAGE WIPO 900614 UK TM 2401827 USA TM 3,440.910 Orchid ID 0000-0002-8854-4293 Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Publisher & Managing Editor, Criminal Lawyer series [1980-2022](ISSN 2049-8047); Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson (...) Reuters) (Licensed Annotator of UK Statutes) in Current Law Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. Trade Mark SALLY RAMAGE ® 2401827 (2005-2025) in the UK, WIPO Trade Mark SALLY RAMAGE® 900164; USA-(Trade Mark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. Essentially, Social Network information may not always be admissible in a court of law but may be the door to lead to other, non-contentious evidence. In fact, even illegally obtained evidence may sometimes be admissible evidence, though this is not absolute. Most of the information available on social networking sites will be ‘personal data’. The data controller is the network operator, without whose consent, collecting such information could be an offence, unless it was necessary for the purpose of preventing or detecting crime. (shrink)

According to John D. Norton's Material Theory of Induction, all inductive inferences are justified by local facts, rather than their formal features or some grand principles of nature's uniformity. Recently, Richard Dawid (Found Phys 45(9):1101–1109, 2015) has offered a challenge to this theory: in an adaptation of Norton's own celebrated "Dome" thought experiment, it seems that there are certain inductions that are intuitively reasonable, but which do not have any local facts that could serve to justify them in accordance with (...) Norton's requirements. Dawid's suggestion is that “raw induction” might have a limited but important role for such inferences. I argue that the Material Theory can accommodate such inductions, because there are local facts concerning the combinatoric features of the induction’s target populations that can licence the inferences in an analogous way to existing examples of material induction. Since my arguments are largely independent of the details of the Dome, Norton's theory emerges as surprisingly robust against criticisms of excessive narrowness. (shrink)

Under no circumstances should the absurd "right to roam‟ be incorporated into the legislation of this country. In reality, it is clearly a mere licence to trespass. Armed with the appropriate economic and philosophical arguments, we should eventually be able to offer an effective counter-attack with a movement for the "right to own‟ privately every last one of the state-controlled commons, heaths, hills, mountains, downs, woodlands, rivers, beaches, and footpaths. As a result, there will be no imposition on legitimate (...) landowners and more access to better resources for ramblers. (shrink)

This article highlights the limitations of the tendency to frame health- and wellbeing-related digital tools (mHealth technologies) as empowering devices, especially as they play an increasingly important role in the National Health Service (NHS) in the UK. It argues that mHealth technologies should instead be framed as digital companions. This shift from empowerment to companionship is advocated by showing the conceptual, ethical, and methodological issues challenging the narrative of empowerment, and by arguing that such challenges, as well as the risk (...) of medical paternalism, can be overcome by focusing on the potential for mHealth tools to mediate the relationship between recipients of clinical advice and givers of clinical advice, in ways that allow for contextual flexibility in the balance between patiency and agency. The article concludes by stressing that reframing the narrative cannot be the only means for avoiding harm caused to the NHS as a healthcare system by the introduction of mHealth tools. Future discussion will be needed on the overarching role of responsible design. (shrink)

Conceptual limitations restrict our epistemic options. One cannot believe, disbelieve, or doubt what one cannot grasp. I show how, even granting an epistemic ought-implies-can principle, such restrictions might lead to epistemic dilemmas: situations where each of one’s options violates some epistemic requirement. An alternative reaction would be to take epistemic norms to be sensitive to one’s options in ways that ensure dilemmas never arise. I propose, on behalf of the dilemmist, that we treat puzzlement as a kind of epistemic residue, (...) roughly analogous with guilt, appropriate only when one has violated an epistemic requirement. Sometimes, in bumping up against the limits of one’s concepts, it is appropriate to be puzzled no matter what one believes. Puzzlement can thus play the same role in an epistemic dilemmist’s theory that guilt plays in the theories of many moral dilemmists. (shrink)

When should you engage with difficult arguments against your cherished controversial beliefs? The primary conclusion of this book is that your obligations to engage with counterarguments are more limited than is often thought. In some standard situations, you shouldn't engage with difficult counterarguments and, if you do, you shouldn't engage with them open-mindedly. This conclusion runs counter to aspects of the Millian political tradition and political liberalism, as well as what people working in informal logic tend to say about (...) argumentation. -/- Not all misleading arguments wear their flaws on their sleeve. Each step of a misleading argument might seem compelling and you might not be able to figure out what's wrong with it. Still, even if you can't figure out what's wrong with an argument, you can know that it's misleading. One way to know that an argument is misleading is, counterintuitively, to lack expertise in the methods and evidence-types employed by the argument. When you know that a counterargument is misleading, you shouldn't engage with it open-mindedly and sometimes shouldn't engage with it at all. You shouldn't engage open-mindedly because you shouldn't be willing to reduce your confidence in response to arguments you know are misleading. And you sometimes shouldn't engage closed-mindedly, because to do so can be manipulative or ineffective. -/- In making this case, Jeremy Fantl discusses echo chambers and group polarization, the importance in academic writing of a sympathetic case for the opposition, the epistemology of disagreement, the account of open-mindedness, and invitations to problematic academic speakers. (shrink)

Tim Button explores the relationship between words and world; between semantics and scepticism. -/- A certain kind of philosopher – the external realist – worries that appearances might be radically deceptive. For example, she allows that we might all be brains in vats, stimulated by an infernal machine. But anyone who entertains the possibility of radical deception must also entertain a further worry: that all of our thoughts are totally contentless. That worry is just incoherent. -/- We cannot, then, be (...) external realists, who worry about the possibility of radical deception. Equally, however, we cannot be internal realists, who reject all possibility of deception. We must position ourselves somewhere between internal realism and external realism, but we cannot hope to say exactly where. We must be realists, for what that is worth, and realists within limits. -/- In establishing these claims, The Limits of Realism critically explores and develops several themes from Hilary Putnam’s work: the model-theoretic arguments; the connection between truth and justification; the brain-in-vat argument; semantic externalism; and conceptual relativity. The book establishes the continued significance of these topics for all philosophers interested in mind, logic, language, or the possibility of metaphysics. (shrink)

Many of us believe (1) Saving a life is more important than averting any number of headaches. But what about risky cases? Surely: (2) In a single choice, if the risk of death is low enough, and the number of headaches at stake high enough, one should avert the headaches rather than avert the risk of death. And yet, if we will face enough iterations of cases like that in (2), in the long run some of those small risks of (...) serious harms will surely eventuate. And yet: (3) Isn't it still permissible for us to run these repeated risks, despite that knowledge? After all, if it were not, then many of the risky activities that we standardly think permissible would in fact be impermissible. Nobody has yet offered a principle that can accommodate all of 1-3. In this paper, I show that we can accommodate all of these judgements, by taking into account both ex ante and ex post perspectives. In doing so, I clear aside an important obstacle to a viable deontological decision theory. (shrink)

Limited aggregationists argue that when deciding between competing claims to aid we are sometimes required and sometimes forbidden from aggregating weaker claims to outweigh stronger claims. Joe Horton presents a ‘fatal dilemma’ for these views. Views that land on the First Horn of his dilemma suggest that a previously losing group strengthened by fewer and weaker claims can be more choice-worthy than the previously winning group strengthened by more and stronger claims. Views that land on the Second Horn suggest (...) that combining two losing groups together and two winning groups together can turn the losing groups into the winning groups and the winning groups into the losing groups. This paper demonstrates that the ‘fatal dilemma’ is neither fatal nor a dilemma. The First Horn is devastating but avoidable and the Second Horn is unavoidable but not devastating. Nevertheless, Horton’s argument does help to narrow down the acceptable range of views. (shrink)

The Limits of Free Will presents influential articles by Paul Russell concerning free will and moral responsibility. The problems arising in this field of philosophy, which are deeply rooted in the history of the subject, are also intimately related to a wide range of other fields, such as law and criminology, moral psychology, theology, and, more recently, neuroscience. These articles were written and published over a period of three decades, although most have appeared in the past decade. Among the topics (...) covered: the challenge of skepticism; moral sentiment and moral capacity; necessity and the metaphysics of causation; practical reason; free will and art; fatalism and the limits of agency; moral luck, and our metaphysical attitudes of optimism and pessimism. (shrink)

When we abandon the neoliberal fiction that one is independent on the grounds that it is a-historic and antisocial, we realize that everyone is dependent and interdependent. In a media-driven society the self-identity of the individual is formed within the framework of the culture-ideology of consumerism from early childhood. As a result, both the environmental and social destruction have intensified. In the global era, or in the era of the global environmental crisis, self-identity as a precondition for environmentally sustainable care (...) of the self should be based on the culture-ideology of human rights and responsibilities, and on conscious self-limitation which realizes that one’s prosperity and security cannot come at the expense of others. Care of the self is about ensuring the habitability of the global environment as the primary interest of each individual. (shrink)

In this chapter, I argue against empiricist positions which claim that empirical evidence can be sufficient to defeasibly justify aesthetic judgements, or judgements about the adequacy of aesthetic judgements, or sceptical judgements about someone's capacity to form adequate aesthetic judgements. First, empirical evidence provides neither inferential, nor non-inferential justification for aesthetic opinions. Second, while empirical evidence may tell us how we do respond aesthetically to artworks, it cannot tell us how we should respond to them. And, third, empirical insights into (...) the irrationality of many of our aesthetic judgements do not warrant the sceptical conclusion that we ought to refrain from forming aesthetic opinions. As a consequence of these limitations to aesthetic empiricism, we should endorse the rationalist position that aesthetic criticism is largely a matter of reasoning and, moreover, a collective undertaking. (shrink)

Do motivational limitations due to human nature constrain the demands of justice? Among those who say no, David Estlund offers perhaps the most compelling argument. Taking Estlund’s analysis of “ability” as a starting point, I show that motivational deficiencies can constrain the demands of justice under at least one common circumstance — that the motivationally-deficient agent makes a good faith effort to overcome her deficiency. In fact, my argument implies something stronger; namely, that the demands of justice are constrained by (...) what people are sufficiently likely to be motivated to do. Thus, contrary to the prevailing wisdom, it is the business of ideal theory — not just nonideal theory — to work with the motivational capacities people are likely enough to have. (See also Estlund's reply in the same issue of EJPT and my rejoinder on Philpapers.). (shrink)

In contemporary philosophy there is much focus on conceptual engineering: the enterprise of revising and replacing concepts. In this talk, I focus on a theoretical issue that has not yet received much attention. What principled limits are there to this sort of enterprise? Are there concepts that for principled reasons cannot or should not be revised or replaced? Examples discussed include logical concepts and normative concepts.

Human-wildlife interactions frequently lead to conflicts – about the fair use of natural resources, for example. Various principled accounts have been proposed to resolve such interspecies conflicts. However, the existing frameworks are often inadequate to the complexities of real-life scenarios. In particular, they frequently fail because they do not adequately take account of the qualitative importance of individual interests, their relative importance, and the number of individuals affected. This article presents a limited aggregation account designed to overcome these shortcomings (...) and thus to facilitate decision-making in real-world human-wildlife conflicts. (shrink)

It is often held that people have a moral right to believe and say whatever they want. For instance, one might claim that they have a right to believe racist things as long as they keep those thoughts to themselves. Or, one might claim that they have a right to pursue any philosophical question they want as long as they do so with a civil tone. In this paper I object to those claims and argue that no one has such (...) unlimited moral rights. In Part 1 I explore the value of the freedoms of thought and expression. In Part 2 I argue against the unlimited moral right to free expression, focusing in particular on the special obligations and moral constraints that obtain for academics. In Part 3 I argue against the unlimited moral right to free thought. (shrink)

This essay offers an account of Kierkegaard’s view of the limits of thought and of what makes this view distinctive. With primary reference to Philosophical Fragments, and its putative representation of Christianity as unthinkable, I situate Kierkegaard’s engagement with the problem of the limits of thought, especially with respect to the views of Kant and Hegel. I argue that Kierkegaard builds in this regard on Hegel’s critique of Kant but that, against Hegel, he develops a radical distinction between two types (...) of thinking and inquiry: the ‘aesthetic-intellectual’ and the ‘ethico-religious’. I clarify this distinction and show how it guides Kierkegaard’s conception of a form of philosophical practice that involves drawing limits to the proper sphere of disinterested contemplation. With reference to two rival interpretations of Kierkegaard’s approach to the limits of thought—which I call ‘bullet-biting’ and ‘relativizing’—I further show how my ‘disambiguating’ account can better explain how, and why, his work courts a form of self-referential incoherence, in which it appears that certain limits of thought are at once affirmed and violated. (shrink)

This chapter investigates how a reading of Wittgenstein along the lines laid out by Cora Diamond makes room for a novel approach to ethical truth. Following Diamond, I develop the connection between the kinds of elucidatory propositions by means of which we spell out and maintain the shape of our theoretical thinking, such as “‘someone’ is not the name of someone” and “five plus seven equals twelve,” and the kind of propositions by means of which we spell out and maintain (...) the shape of ethical thinking, such as “slavery is unjust.” As Diamond points out in connection with the last example, this is a proposition that we take to be an undeniable truth; for anyone who would attempt to negate it would become unintelligible to us. In this sense this ethical truth spells out the limits of ethical thinking. And yet what counts as coherent thought about such matters tends to shift over time. Indeed the great difficulty of overcoming ethical disagreements has to do with the fact that what is at stake in them is not just the content, but the form and limits of thought. Nonetheless, Diamond proposes that ethical propositions may count as genuine truths. For this to make sense, a middle path between realism and relativism must be found. In order to show how this is possible, and in order to defend Diamond’s view, I propose to approach ethical truth by means of a disjunctivist strategy. On this approach, while we, just as much as our interlocutor, may at times be misled in our ethical thinking, and while we may at times fail to shape our ethical thought in ways that prevent us from gaining clarity on ethical matters, this does not detract from the fact that we may at times be right, and that we may then genuinely possess ethical truth. (shrink)

This chapter presents a re-understanding of the contents of our analog magnitude representations (e.g., approximate duration, distance, number). The approximate number system (ANS) is considered, which supports numerical representations that are widely described as fuzzy, noisy, and limited in their representational power. The contention is made that these characterizations are largely based on misunderstandings—that what has been called “noise” and “fuzziness” is actually an important epistemic signal of confidence in one’s estimate of the value. Rather than the ANS having (...) noisy or fuzzy numerical content, it is suggested that the ANS has exquisitely precise numerical content that is subject to epistemic limitations. Similar considerations will arise for other analog representations. The chapter discusses how this new understanding of ANS representations recasts the learnability problem for number and the conceptual changes that children must accomplish in the number domain. (shrink)

The more the number of people who live on Earth grows, the more significant are the cuts individuals must accept in realization of their own freedom, so as not to limit the freedom of others. With the growing population on the finite planet the real space for freedom of each individual decreases. Moreover, the growth of complexity of the global industrial civilization increases the degree of interdependence on one hand, on the other the degree of mutual trust decreases as a (...) result of the imperative of growth and profit, and without it no human society can function in the long term. Access to sources necessary for the realization of fundamental freedoms is unequal, and, in fact, it thus limits its accessibility for the majority of human population. Philosophical reflection then should cope with question, whether the range of guaranteed freedoms can be broadened or at least sustained when the space for its realization with the growing human population struggling for increasingly limited resources narrows. (shrink)

The concept of hierarchical organization is commonplace in science. Subatomic particles compose atoms, which compose molecules; cells compose tissues, which compose organs, which compose organisms; etc. Hierarchical organization is particularly prominent in ecology, a field of research explicitly arranged around levels of ecological organization. The concept of levels of organization is also central to a variety of debates in philosophy of science. Yet many difficulties plague the concept of discrete hierarchical levels. In this paper, we show how these difficulties undermine (...) various implications ascribed to hierarchical organization, and we suggest the concept of scale as a promising alternative to levels. Investigating causal processes at different scales offers a way to retain a notion of quasi-levels that avoids the difficulties inherent in the classic concept of hierarchical levels of organization. Throughout, our focus is on ecology, but the results generalize to other invocations of hierarchy in science and philosophy of science. (shrink)

Artificial intelligence (AI) is expected to revolutionise the practice of medicine. Recent advancements in the field of deep learning have demonstrated success in variety of clinical tasks: detecting diabetic retinopathy from images, predicting hospital readmissions, aiding in the discovery of new drugs, etc. AI’s progress in medicine, however, has led to concerns regarding the potential effects of this technology on relationships of trust in clinical practice. In this paper, I will argue that there is merit to these concerns, since AI (...) systems can be relied on, and are capable of reliability, but cannot be trusted, and are not capable of trustworthiness. Insofar as patients are required to rely on AI systems for their medical decision-making, there is potential for this to produce a deficit of trust in relationships in clinical practice. (shrink)

In the contemporary life sciences more and more researchers emphasize the “limits of reductionism” (e.g. Ahn et al. 2006a, 709; Mazzocchi 2008, 10) or they call for a move “beyond reductionism” (Gallagher/Appenzeller 1999, 79). However, it is far from clear what exactly they argue for and what the envisioned limits of reductionism are. In this paper I claim that the current discussions about reductionism in the life sciences, which focus on methodological and explanatory issues, leave the concepts of a reductive (...) method and a reductive explanation too unspecified. In order to fill this gap and to clarify what the limits of reductionism are I identify three reductive methods that are crucial in the current practice of the life sciences: decomposition, focusing on internal factors, and studying parts in isolation. Furthermore, I argue that reductive explanations in the life sciences exhibit three characteristics: first, they refer only to factors at a lower level than the phenomenon at issue, second, they focus on internal factors and thus ignore or simplify the environment of a system, and, third, they cite only the parts of a system in isolation. (shrink)

I argue against abductivism about logic, which is the view that rational theory choice in logic happens by abduction. Abduction cannot serve as a neutral arbiter in many foundational disputes in logic because, in order to use abduction, one must first identify the relevant data. Which data one deems relevant depends on what I call one's conception of logic. One's conception of logic is, however, not independent of one's views regarding many of the foundational disputes that one may hope to (...) solve by abduction. (shrink)

A phronetic approach takes into account everything possible. By this, the phronetic researcher ought to be better-informed of the practical—that which is readily available in order to solve localized political problems and to direct political participants to think in terms of value-rational understanding and action. Phronetic knowledge ought to be of utility to the citizenry—and not only to academia. It does not only explain phenomena, but also provides for altering the outcomes associated with political phenomena by integrating value judgments and (...) broader ethical precepts into the analysis. This is instrumental in producing knowledge that provides for practical application of problem solving that can be deemed good or better, and provides a means for ascertaining the bad or worse in a given political scenario. This paper examines how knowledge is produced by the phronetic approach, what knowledge can be known by the phronetic approach, and whether there are inherent limitations to the phronetic approach to understanding. (shrink)

Under the traditional system of peer-reviewed publication, the degree of prestige conferred to authors by successful publication is tied to the degree of the intellectual rigor of its peer review process: ambitious scientists do well professionally by doing well epistemically. As a result, we should expect journal editors, in their dual role as epistemic evaluators and prestige-allocators, to have the power to motivate improved author behavior through the tightening of publication requirements. Contrary to this expectation, I will argue that the (...) publication bias literature in academic medicine demonstrates that editor interventions have had limited effectiveness in improving the health of the publication and trial registration record, suggesting that much stronger interventions are needed. (shrink)

ABSTRACTIn this paper I defend a form of epistocracy I call limited epistocracy – rule by institutions housing expertise in non-political areas that become politically relevant. This kind of limited epistocracy, I argue, isn't a far-off fiction. With increasing frequency, governments are outsourcing political power to expert institutions to solve urgent, multidimensional problems because they outperform ordinary democratic decision-making. I consider the objection that limited epistocracy, while more effective than its competitors, lacks a fundamental intrinsic value that (...) its competitors have; namely, political inclusion. After explaining this challenge, I suggest that limited epistocracies can be made compatible with robust political inclusion if specialized institutions are confined to issuing directives that give citizens multiple actionable options. I explain how this safeguards citizens’ inclusion through rational deliberation, choice, and contestation. (shrink)

(Original French text followed by English version.) For Berkeley, mathematical and scientific issues and concepts are always conditioned by epistemological, metaphysical, and theological considerations. For Berkeley to think of any thing--whether it be a geometrical figure or a visible or tangible object--is to think of it in terms of how its limits make it intelligible. Especially in De Motu, he highlights the ways in which limit concepts (e.g., cause) mark the boundaries of science, metaphysics, theology, and morality.

Consider two deeply appealing thoughts: first, that we experience external particulars, and second, that what it’s like to have an experience – the phenomenal character of an experience – is somehow independent of external particulars. The first thought is readily captured by phenomenal particularism, the view that external particulars are sometimes part of the phenomenal character of experience. The second thought is readily captured by phenomenal generalism, the view that external particulars are never part of phenomenal character. -/- Here I (...) show that a novel version of phenomenal generalism can capture both thoughts in a satisfying fashion. Along the way, I reveal severe problems facing phenomenal particularism and also shed light on the mental kinds under which experiences fall. (shrink)

This paper defends Priorianism, a theory in the philosophy of time which combines three theses: first, that there is a metaphysical distinction between the present time and non-present times; second, that there are temporary propositions, that is, propositions that change in truth-value simpliciter over time; and third, that there is change over time only if there are temporary propositions. Priorianism is accepted by many Presentists, Growing Block Theorists, and Moving Spotlight Theorists. However, it is difficult to defend the view without (...) appealing to premises that those who reject the view find controversial. My aim in this paper is to defend Priorianism in a way that largely avoids appealing to such premises. I do three things: first (Section 1), I describe the component theses of Priorianism and the relations between them. Next (Section 2), I show how Priorians can respond to the argument that the B-theory implies that there are temporary propositions, and therefore satisfies the Priorian condition for there being change over time. Finally (Section 3), I defend the Priorian thesis that there is change over time only if there are temporary propositions against an alternative principle of change defended by Ross Cameron (The Moving Spotlight, 2015). (shrink)

The essays in this volume investigate the question of where, and in what sense, the bounds of intelligible thought, knowledge, and speech are to be drawn. Is there a way in which we are limited in what we think, know, and say? And if so, does this mean that we are constrained – that there is something beyond the ken of human intelligibility of which we fall short? Or is there another way to think about these limits of intelligibility (...) – namely, as conditions of our meaning and knowing anything, beyond which there is no specifiable thing we cannot do? -/- These issues feature prominently in the writings of Kant and Wittgenstein who each engaged with them in unique and striking ways. Their thoughts on the matter remain provocative and stimulating, and accordingly the contributions to this volume address the issues surrounding the limits of intelligibility both exegetically and systematically: they examine how they figure in Kant’s and Wittgenstein’s most significant works and put them in touch with contemporary debates that are shaped by their legacy. These debates concern, inter alia, logically and morally alien thought, the semantics and philosophy of negation, disjunctivism in philosophy of perception and ethics, paraconsistent approaches to contradiction, and the relation between art, literature, and philosophy. The book is divided into four parts: Part I gives a first assessment of the issues, Part II examines limits as they feature in Kant, Part III as they feature in Wittgenstein, and Part IV suggests some ways in which the questions at issue might be reconsidered, drawing upon ideas in phenomenology, dialetheism, metamathematics, and the works of other influential authors. -/- Limits of Intelligibility provides insight into a theme that is central to the thought of two of the most important figures in modern philosophy, as well as to recent metaphysics, philosophy of language, philosophy of logic, epistemology, and ethics. (shrink)

It has become increasingly common recently to construe human natureas setting some pretty stringent limits to moral endeavour. Many consequentialists, in particular, take considerations concerning human nature to defeat certain demanding norms that would otherwise follow from their theory.One argument is that certain commitments ground psychological incapacitiesthat prevent us from doing what would maximize the good. Another is that we would be likely to suffer some kind of psychological demoralization if we tried to become significantly more selfless. I argue that (...) influential versions of both of these arguments underestimate our deliberative resources, and also fail to examine the kind of moral sources that may be able to sustain rigorous moral endeavour. Pessimism about our capacities for such endeavour results from the neglect of these factors, rather than from uncovering any significant limitations in human nature. (shrink)

Recently, companions in guilt strategies have garnered significant philosophical attention as a response to arguments for moral error theory, the view that there are no moral facts and that our moral beliefs are thus systematically mistaken. According to Cuneo (The normative web: an argument for moral realism, Oxford University Press, Oxford, 2007), Das (Philos Q 66:152–160, 2016; Australas J Philos 95(1):58–69, 2017), Rowland (J Ethics Soc Philos 7(1):1–24, 2012; Philos Q 66:161–171, 2016) and others, epistemic facts would be just as (...) metaphysically problematic (or ‘guilty’) as moral facts. But since epistemic error theory is implausible, arguments for moral error theory prove too much and should be rejected. My aim is to argue that the success of this strategy is limited. In particular, the companions in guilt response fails against error-theoretic arguments motivated by concerns about explanatory dispensability, as recently developed by Joyce (The evolution of morality, MIT press, Bradford, 2005) and Olson (Moral error theory: history, critique, defence, Oxford University Press, Oxford, 2014: Ch. 7). To succeed, the response would require a prima facie plausible argument to the effect that epistemic facts are metaphysically dubious because they, too, are explanatorily dispensable. But, as I show, any such argument proves self-effacing: its premise commits us to believing in epistemic facts, while its conclusion forces us to deny their existence. Consequently, companions in guilt strategies don’t offer a panacea against arguments for moral error theory. (shrink)

Scientists are frequently called upon to “democratize” science, by bringing the public into scientific research. One appealing point for public involvement concerns the nonepistemic values involved in science. Suppose, though, a scientist invites the public to participate in making such value-laden determinations but finds that the public holds values the scientist considers morally unacceptable. Does the argument for democratizing science commit the scientist to accepting the public’s objectionable values, or may she veto them? I argue that there are a (...) class='Hi'>limited set of cases in which scientists can, consistently with a commitment to democratized science, set aside the public’s judgments. (shrink)

In this paper I argue that pluralism at the level of logical systems requires a certain monism at the meta-logical level, and so, in a sense, there cannot be pluralism all the way down. The adequate alternative logical systems bottom out in a shared basic meta-logic, and as such, logical pluralism is limited. I argue that the content of this basic meta-logic must include the analogue of logical rules Modus Ponens and Universal Instantiation. I show this through a detailed (...) analysis of the ‘adoption problem’, which manifests something special about MP and UI. It appears that MP and UI underwrite the very nature of a logical rule of inference, due to all rules of inference being conditional and universal in their structure. As such, all logical rules presuppose MP and UI, making MP and UI self-governing, basic, unadoptable, and required in the meta-logic for the adequacy of any logical system. (shrink)

Jason Brennan and Peter Jaworski argue in recent work that “semiotic” or “symbolic” objections to markets are unsuccessful. I counter-argue that there are indeed some semiotic limits on markets and that anti-commodification theorists are not merely expressing disgust when they disapprove of markets in certain goods on those grounds. One central argument is that, contrary to what Brennan and Jaworski claim, semiotic arguments against markets do not depend fundamentally on meanings that prevail about markets. Rather, they depend on the meanings (...) that attach to various goods, meanings that give us moral bases on which to make judgments about their prospective commodification. (shrink)

The main aim of our paper is to identify the potential limits of Socratic dialogue in moral education. These limits will be identified using a) the original ancient writings preserving several versions of Socrates’ dialogue, and b) modern writing on the Socrates’ dialogue in moral education. We will determine whether these limits are to be found in the writing of Plato or Xenophon, or rather in the problems and paradoxes of this type of education. We assume that a historical exploration (...) of the original Socratic philosophy will help us to more easily identify the limits and problems in moral education. However, our intention is not to reject the Socratic dialogue as such, but merely to point out some of the potentially controversial aspects of its use in moral education. (shrink)

Gideon Rosen has recently sketched an argument which aims to establish that the notion of metaphysical modality is systematically ambiguous. His argument contains a crucial sub-argument which has been used to argue for Metaphysical Contingentism, the view that some claims of fundamental metaphysics are metaphysically contingent rather than necessary. In this paper, Rosen’s argument is explicated in detail and it is argued that the most straight-forward reconstruction fails to support its intended conclusion. Two possible ways to save the argument are (...) rebutted and it is furthermore argued that the crucial sub-argument only supports a rather particular variant of Metaphysical Contingentism. (shrink)

I argue that our best science supports the rationalist idea that, independent of reasoning, emotions aren’t integral to moral judgment. There’s ample evidence that ordinary moral cognition often involves conscious and unconscious reasoning about an action’s outcomes and the agent’s role in bringing them about. Emotions can aid in moral reasoning by, for example, drawing one’s attention to such information. However, there is no compelling evidence for the decidedly sentimentalist claim that mere feelings are causally necessary or sufficient for making (...) a moral judgment or for treating norms as distinctively moral. I conclude that, even if moral cognition is largely driven by automatic intuitions, these shouldn’t be mistaken for emotions or their non-cognitive components. Non-cognitive elements in our psychology may be required for normal moral development and motivation but not necessarily for mature moral judgment. (shrink)

Human beings seek to transcend limits. This is part of our potential greatness, since it is how we can realize what is best in our humanity. However, the limit-transcending feature of human life is also part of our potential downfall, as it can lead to dehumanization and failure to attain important human goods and to prevent human evils. Exploring the place of limits within a well-lived human life this work develops and defends an original account of limiting virtues, which are (...) concerned with recognizing proper limits in human life. The limiting virtues that are the focus are humility, reverence, moderation, contentment, neighborliness, and loyalty, and they are explored in relation to four kinds of limits: existential limits, moral limits, political limits, and economic limits. These virtues have been underexplored in discussions about virtue ethics, and when they have been explored it has not been with regard to the general issue of the place of limits within a well-lived human life. The account of the limiting virtues provided here, however, is intended as a counter to other prominent approaches to ethics: namely, autonomy-centered approaches and consequentialist (or maximizing) approaches. This account is also used to address a number of important contemporary issues such as genetic engineering, distributive justice, cosmopolitanism vs. patriotism, and the ethical status of growth-based economics. (shrink)

The rhetoric of disgust is common in moral discourse and political propaganda. Some believe it's pernicious, for it convinces without evidence. But scientific research now suggests that disgust is typically an effect, not a cause, of moral judgment. At best the emotion on its own only sometimes slightly amplifies a moral belief one already has. Appeals to disgust are thus dialectically unhelpful in discourse that seeks to convince. When opponents of abortion use repulsive images to make their case, they convince (...) few, even if they rally their base. When champions of animal rights show graphic depictions of the torturous conditions of animals in factory farms, they convince only those previously ignorant of the severity of such conditions. Ultimately, disgust may be less pernicious than it is useless. (shrink)

For decades, much literature on causality has focused on causal processes and causal reasoning in the natural sciences. According to a relatively new trend however, such research on causality remains insufficient because of its refusal to accept a certain degree of pluralism within the concept, a pluralism that is evident in how we use ideas of cause and effect in everyday life. I will build on work in this latter trend, following philosophers like G. E. M. Anscombe and N. Cartwright. (...) I explore the limits of the concept of causality by determining the extent to which our ideas can remain consistent as we stretch this concept along two dimensions, one concerning the maximizing of the effect and the other the maximizing of explanatory depth. Dealing with the cause of the universe, such an investigation touches upon some issues in current empirical cosmology and revisits some classic arguments regarding philosophy of religion and the Platonic notion of participation. The results indicate that the use of current conceptual, logical and analytic tools can deliver new insights that are useful especially for those interested in how causality in the natural sciences links with causality in everyday life. (shrink)

My essay ‘Attunement: On the Cognitive Virtues of Attention’ is the lead essay in a symposium. Adam Carter and Sandy Goldberg each respond to the ‘Attunement’ essay. This is my rejoinder. -/- (i.) Carter argues that resources from virtue reliabilism can explain the source of attention normativity. He modifies this virtue reliabilist AAA-framework to apply to attentional normativity. I raise concerns about Carter’s project. I suggest that true belief and proper attentional habits are not relevantly similar. -/- (ii.) Goldberg claims (...) that social roles underwrite kinds of attentional normativity that are not well-captured by virtue theory. I critically assess this claim. (shrink)

Some have argued that the possibility of faultless disagreement gives relativist semantic theories an important explanatory advantage over their absolutist and contextualist rivals. Here I combat this argument, focusing on the specific case of aesthetic discourse. My argument has two stages. First, I argue that while relativists may be able to account for the possibility of faultless aesthetic disagreement, they nevertheless face difficulty in accounting for the intuitive limits of faultless disagreement. Second, I develop a new non-relativist theory which can (...) account for the full range of data regarding faultless disagreement. This view—‘Humean Absolutism’—integrates two of Hume’s central principles from Of the Standard of Taste into a truth-conditional framework, resulting in a non-bivalent theory of aesthetic truth. I argue that Humean Absolutism can underwrite the possibility of faultless disagreement whilst retaining reasonable limits around the phenomenon. I close by relating this positive account of faultless disagreement to broader issues concerning the cognitive role of truth-value gaps. -/- *NB - this is an unpublished paper and is no longer in progress.*. (shrink)

It has become increasingly common recently to construe human natureas setting some pretty stringent limits to moral endeavour. Many consequentialists, in particular, take considerations concerning human nature to defeat certain demanding norms that would otherwise follow from their theory. One argument is that certain commitments ground psychological incapacitiesthat prevent us from doing what would maximize the good. Another is that we would be likely to suffer some kind of psychological demoralization if we tried to become significantly more selfless. I argue (...) that influential versions of both of these arguments underestimate our deliberative resources, and also fail to examine the kind of moral sources that may be able to sustain rigorous moral endeavour. Pessimism about our capacities for such endeavour results from the neglect of these factors, rather than from uncovering any significant limitations in human nature. (shrink)

It is usual to distinguish between two kinds of doxastic attitude: standing or dispositional states, which govern our actions and persist throughout changes in consciousness; and conscious episodes of acknowledging the truth of a proposition. What is the relationship between these two kinds of attitude? Normally, the conscious episodes are in harmony with the underlying dispositions, but sometimes they come apart and we act in a way that is contrary to our explicit conscious judgements. Philosophers have often tried to explain (...) these situations in largely doxastic terms, by identifying one or other of the attitudes as our ‘real’ beliefs. This chapter argues that this is not generally realistic and we should appeal to a wider range of psychological attitudes. Such an account would be best supported by a picture of the unconscious mind which does not sharply separate the doxastic from the conative and the affective. (shrink)

Skeptics argue that the acquisition of knowledge is impossible given the standing possibility of error. We present the limiting convergence strategy for responding to skepticism and discuss the relationship between conceivable error and an agent’s knowledge in the limit. We argue that the skeptic must demonstrate that agents are operating with a bad method or are in an epistemically cursed world. Such demonstration involves a significant step beyond conceivability and commits the skeptic to potentially convergent inquiry.

Propositionalists hold that, fundamentally, all attitudes are propositional attitudes. A number of philosophers have recently called the propositionalist thesis into question. It has been argued, successfully I believe, that there are attitudes that are of or about things but which do not have a propositional content concerning those things. If correct, our theories of mind will include non-propositional attitudes as well as propositional attitudes. In light of this, Sinhababu’s recent attack on anti-propositionalists is noteworthy. The present paper aims to sharpen (...) his worries and show that they fail for a range of reasons. Besides merely offering a reply, considering his challenges provides an opportunity to add clarity to this emerging area of research and it allows one to strengthen the case against propositionalism more generally. (shrink)

Neo‐Aristotelian Plenitude is the thesis that, necessarily, any property that could be had essentially by something or other is had essentially by something or other if and only if and because it is instantiated; any essentializable property is essentialized iff and because it is instantiated. In this paper, I develop a partial nonmodal characterization of ‘essentializable' and show it cannot be transformed into a full characterization. There are several seemingly insurmountable obstacles that any full characterization of essentializability must overcome. Moreover, (...) these obstacles threaten other views in the conceptual neighborhood such as Counterpart Theoretic Plenitude and Conceptualist Plenitude. (shrink)

Let “phenomenal dogmatism” be the thesis that some experiences provide some beliefs with immediate justification, and do so purely in virtue of their phenomenal character. A basic question-mark looms over phenomenal dogmatism: Why should the fact that a person is visited by some phenomenal feel suggest the likely truth of a belief? In this paper, I press this challenge, arguing that perceptually justified beliefs are justified not purely by perceptual experiences’ phenomenology, but also because we have justified second-order background beliefs (...) to the effect that the occurrence of certain perceptual experiences is indicative of the likely truth of certain corresponding beliefs. To bring this out, I contrast “perceptual dogmatism” with “moral dogmatism”: the thesis that some emotional experiences provide some moral beliefs with immediate justification, and do so purely in virtue of their phenomenal character. I argue that moral dogmatism is much less antecedently appealing, precisely because the counterpart second-order beliefs here are much less plausible. (shrink)