This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)

Transoral laser microsurgery applies to the piecemeal removal of malignant tumours of the upper aerodigestive tract using the CO2 laser under the operating microscope. This method of surgery is being increasingly popularised as a single modality treatment of choice in early laryngeal cancers (T1 and T2) and occasionally in the more advanced forms of the disease (T3 and T4), predomi- nantly within the supraglottis. Thomas Kuhn, the American physicist turned philosopher and historian of science, coined the phrase ‘paradigm shift’ in (...) his groundbreaking book The Structure of Scientific Revolutions. He argued that the arrival of the new and often incompatible idea forms the core of a new paradigm, the birth of an entirely new way of thinking. This article discusses whether Steiner and col- leagues truly brought about a paradigm shift in oncological surgery. By rejecting the principle of en block resection and by replacing it with the belief that not only is it oncologically safe to cut through the substance of the tumour but in doing so one can actually achieve better results, Steiner was able to truly revolutionise the man- agement of laryngeal cancer. Even though within this article the repercussions of his insight are limited to the upper aerodigestive tract oncological surgery, his willingness to question other peoples’ dogma makes his contribution truly a genuine paradigm shift. (shrink)

The vast literature on negative treatment of outgroups and favoritism toward ingroups provides many local insights but is largely fragmented, lacking an overarching framework that might provide a unified overview and guide conceptual integration. As a result, it remains unclear where different local perspectives conflict, how they may reinforce one another, and where they leave gaps in our knowledge of the phenomena. Our aim is to start constructing a framework to help remedy this situation. We first identify a few key (...) ideas for creating a theoretical roadmap for this complex territory, namely the principles of etiological functionalism and the dual inheritance theory of human evolution. We show how a “molecular” approach to emotions fits into this picture, and use it to illuminate emotions that shape intergroup relations. Finally, we weave the pieces together into the beginnings of a systematic taxonomy of the emotions involved in social interactions, both hostile and friendly. While it is but a start, we have developed the argument in a way that illustrates how the foundational principles of our proposed framework can be extended to accommodate further cases. (shrink)

This chapter has two aims. First, I distinguish between two forms of testimonial injustice: identity-based testimonial injustice and content-based testimonial injustice. Second, I utilize this distinction to develop a partial explanation for the persistent lack of diverse practitioners in academic philosophy. Specifically, I argue that both identity-based and content-based testimonial injustice are prevalent in philosophical discourse and that this prevalence introduces barriers to participation for those targeted. As I show, the dual and compounding effects of identity-based and content-based testimonial injustice (...) in philosophy plausibly contribute to a lack of diversity in the social identities of practitioners and the discourses in which practitioners are engaged. (shrink)

English version of collaborative text with Bruno Varela on his film La máquina de futuro (2024), published in the catalog of Umbrales experimental film section of the FICUNAM film festival.

This article presents a semantic analysis of indirect speech reports. The analysis aims to explain a combination of two phenomena. First, there are true utterances of sentences of the form α said that φ which are used to report an utterance u of a sentence wherein φ's content is not u's content. This implies that in uttering a single sentence, one can say several things. Second, when the complements of these reports (and indeed, these reports themselves) are placed in conjunctions, (...) the conjunctions are typically infelicitous. I argue that this combination of phenomena can be explained if speech reports report (perhaps contingent) parts of the contents of the sentences reported. (shrink)

This article is a rebuttal to Robert G. Cavin and Carlos A. Colombetti’s article, “Assessing the Resurrection Hypothesis: Problems with Craig’s Inference to the Best Explanation,” which argues that the Standard Model of current particle physics entails that non-physical things (like a supernatural God or a supernaturally resurrected body) can have no causal contact with the physical universe. As such, they argue that William Lane Craig’s resurrection hypothesis is not only incompatible with the notion of Jesus physically appearing to the (...) disciples, but the resurrection hypothesis is significantly limited in both its explanatory scope and explanatory power. This article seeks to demonstrate why their use of the Standard Model does not logically entail a rejection of the physical resurrection of Jesus when considering the scope and limitations of science itself. (shrink)

ABSTRACT It has become standard to conceive of metalinguistic disagreement as motivated by a form of negotiation, aimed at reaching consensus because of the practical consequences of using a word with one content rather than another. This paper presents an alternative motive for expressing and pursuing metalinguistic disagreement. In using words with given criteria, we betray our location amongst social categories or groups. Because of this, metalinguistic disagreement can be used as a stage upon which to perform a social identity. (...) The ways in which metalinguistic disagreements motivated in this way diverge in character from metalinguistic negotiations are described, as are several consequences of the existence of metalinguistic disagreements motivated in this way. (shrink)

Georgalis claimed that when Frege wrote ‘Über Sinn und Bedeutung’ Frege thought that the indirect [ungerade] sense of an expression was identical to its normal [gewöhnlich] sense (Georgalis 2022: e.g. 4, 5, 13). In this paper, I present five arguments for the falsity of Georgalis’ claim which are based on three pieces of apparent counterevidence: a passage from Frege’s letter to Russell dated 28.12.1902; a passage from Frege’s letter to Russell dated 20.10.1902; and a passage from ‘Über Sinn und Bedeutung’. (...) I outline possible counter-arguments and responses. (shrink)

Subjectivists think that our well-being is grounded in our subjective attitudes. Many such views are vulnerable to variations on the ‘paradox of desire’, where theories cannot make determinate judgements about the well-being of agents who take a positive valuing attitude towards their life going badly. However, this paradox does not affect all subjectivist theories; theories grounded on agents’ prudential values can avoid it.This paper suggests a new paradox for subjectivist theories which has a wider scope, and includes such prudential judgement (...) theories. I outline the new paradox and show how two plausible idealisztions (coherence and consideration) will not help. Subjectivists about well-being must either add an additional idealization that can solve the paradox of judgement or explain why such paradoxes do not constitute serious objections to a theory of well-being. (shrink)

In ‘The Pregnancy Rescue Case: why abortion is immoral’, Hendricks presents The Pregnancy Rescue Case. In this reply I argue that even if it would be better (i.e., less bad) for the abortion to be prevented in The Pregnancy Rescue Case, that does not mean that typical abortions are impermissible. I also argue that there is a possible explanation, consistent with the pro-choice view and empirically testable, as to why people would think it better for the abortion to be prevented (...) in The Pregnancy Rescue Case. (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)

In the last forty years Dummett, Hanks, Künne, and Bobzien have claimed that when Frege wrote ‘Über Sinn und Bedeutung’, he thought that the sense of a sentence-question [Satzfrage] was not a thought [Gedanke] ((Dummett 1981: 307–308); (Hanks 2007: 142–143); (Künne 2010: 427–429); (Bobzien 2021: 163–164)). Recently, Textor has claimed that when Frege wrote ‘Über Sinn und Bedeutung’, he thought that the sense of a sentence-question was not a question [Frage] (Textor 2021: 227 fn.2). I think it is possible that (...) when Frege wrote ‘Über Sinn und Bedeutung’, he thought that the sense of a sentence-question was a question and a thought. To show that this possibility should not be overlooked, I have written a dialogue in which Frege responds to Dummett, Hanks, Künne, Bobzien, and Textor. -/- Bobzien seems to think that when Frege wrote ‘Die Verneinung’, he thought that the sense of a sentence-question was not a question (Bobzien 2021: 163–165). I think it is possible that when Frege wrote ‘Die Verneinung’, he thought that the sense of a sentence-question was a question and a thought. Hence, I have also written the dialogue to show that this possibility should not be overlooked either. (shrink)

We analyze the logical form of the domain knowledge that grounds analogical inferences and generalizations from a single instance. The form of the assumptions which justify analogies is given schematically as the "determination rule", so called because it expresses the relation of one set of variables determining the values of another set. The determination relation is a logical generalization of the different types of dependency relations defined in database theory. Specifically, we define determination as a relation between schemata of first (...) order logic that have two kinds of free variables: (1) object variables and (2) what we call "polar" variables, which hold the place of truth values. Determination rules facilitate sound rule inference and valid conclusions projected by analogy from single instances, without implying what the conclusion should be prior to an inspection of the instance. They also provide a way to specify what information is sufficiently relevant to decide a question, prior to knowledge of the answer to the question. (shrink)

The COVID-19 global pandemic has shone a light on several important ethical questions, ranging from fairness in resource allocation to the ethical justification of government mandates. In addition to these institutional issues, there are also several ethical questions that arise at the interpersonal level. This essay focuses on several of these issues. In particular, I argue that, despite the insistence in public health messaging that avoiding infecting others constitutes ‘saving lives’, virus transmission that results in death constitutes an act of (...) killing. Whether this killing is wrongful depends on several factors. I consider one intuitively plausible view—namely, that in many cases, killing via unintentional transmission is not wrongful, because the parties in question have implicitly waived their rights against this harm, often via reciprocal risk imposition. I argue that this view is mistaken, but that its central insight can be better captured by identifying the appropriate standards of blame that we ought to apply during a pandemic. I conclude by showing how these conclusions can be fruitfully applied to certain institutional questions, such as helping to justify restricting government mandates. (shrink)

Buddhism originated and developed in an Indian cultural context that featured many first-person practices for producing and exploring states of consciousness through the systematic training of attention. In contrast, the dominant methods of investigating the mind in Western cognitive science have emphasized third-person observation of the brain and behavior. In this chapter, we explore how these two different projects might prove mutually beneficial. We lay the groundwork for a cross-cultural cognitive science by using one traditional Buddhist model of the mind (...) – that of the five aggregates – as a lens for examining contemporary cognitive science conceptions of consciousness. (shrink)

“Critical thinking in higher education” is a phrase that means many things to many people. It is a broad church. Does it mean a propensity for finding fault? Does it refer to an analytical method? Does it mean an ethical attitude or a disposition? Does it mean all of the above? Educating to develop critical intellectuals and the Marxist concept of critical consciousness are very different from the logician’s toolkit of finding fallacies in passages of text, or the practice of (...) identifying and distinguishing valid from invalid syllogisms. Critical thinking in higher education can also encompass debates about critical pedagogy, i.e., political critiques of the role and function of education in society, critical feminist approaches to curriculum, issues related to what has become known as critical citizenship, or any other education-related topic that uses the appellation “critical”. Equally, it can, and usually does, refer to the importance and centrality of developing general skills in reasoning—skills that we hope all graduates possess. Yet, despite more than four decades of dedicated scholarly work “critical thinking” remains as elusive as ever. As a concept, it is, as Raymond Williams has noted, a ‘most difficult one’ (Williams, 1976, p. 74). (shrink)

Epistemologists typically assume that the acquisition of knowledge from testimony is not threatened at the stage at which audiences interpret what proposition a speaker has asserted. Attention is instead typically paid to the epistemic status of a belief formed on the basis of testimony that it is assumed has the same content as the speaker’s assertion. Andrew Peet has pioneered an account of how linguistic context sensitivity can threaten the assumption. His account locates the threat in contexts in which an (...) audience’s evidence under-determines which proposition a speaker is asserting. I argue that Peet’s epistemic uncertainty account of the threat is mistaken and I propose an alternative. The alternative locates the threat in contexts that provide factors that give audiences a mistaken psychological certainty or confidence that a speaker has asserted a proposition she has not. (shrink)

Most philosophers writing on the ethics of war endorse “reductivist individualism,” a view that holds both that killing in war is subject to the very same principles of ordinary morality ; and that morality concerns individuals and their rights, and does not treat collectives as having any special status. I argue that this commitment to individualism poses problems for this view in the case of national defense. More specifically, I argue that the main strategies for defending individualist approaches to national (...) defense either fail by their own lights or yield deeply counterintuitive implications. I then offer the foundations for a collectivist approach. I argue that such an approach must do justice to the collective goods that properly constituted states make possible and protect through certain acts of defensive war; and that any such picture of national defense must make room for some form of national partiality. (shrink)

(Report assembled for the Workshop of the AMIA Working Group on Formal Biomedical Knowledge Representation in connection with AMIA Symposium, Washington DC, 2005.) Best practices in ontology building for biomedicine have been frequently discussed in recent years. However there is a range of seemingly disparate views represented by experts in the field. These views not only reflect the different uses to which ontologies are put, but also the experiences and disciplinary background of these experts themselves. We asked six questions related (...) to biomedical ontologies to what we believe is a representative sample of ontologists in the biomedical field and came to a number conclusions which we believe can help provide an insight into the practical problems which ontology builders face today. (shrink)

When A utters a declarative sentence in a context to B, typically A can mean a proposition by the sentence, the sentence in context literally expresses a proposition, there are propositions A and B can agree the sentence literally expressed, and B can acquire knowledge from this testimonial exchange. In recent work on linguistic communication, each of these four platitudes has been challenged, and on the same basis: viz. on the ground that exactly which proposition the sentence expressed in context (...) is not discernible given the information provided by the context. I argue that, even if this is true, there will be propositional parts of the proposition expressed by the sentence in context which can be identified and that, consequently, the partial understanding afforded by the existence of such identifiable parts undermines the soundness of the arguments against the platitudes. (shrink)

Throughout the COVID-19 pandemic, shortages of scarce healthcare resources consistently presented significant moral and practical challenges. While the importance of vaccines as a key pharmaceutical intervention to stem pandemic scarcity was widely publicized, a sizable proportion of the population chose not to vaccinate. In response, some have defended the use of vaccination status as a criterion for the allocation of scarce medical resources. In this paper, we critically interpret this burgeoning literature, and describe a framework for thinking about vaccine-sensitive resource (...) allocation using the values of responsibility, reciprocity, and justice. Although our aim here is not to defend a single view of vaccine-sensitive resource allocation, we believe that attending critically with the diversity of arguments in favor (and against) vaccine-sensitivity reveals a number of questions that a vaccine-sensitive approach to allocation should answer in future pandemics. (shrink)

I introduce a distinction between health need and medical need, and raise several questions about their interaction. Health needs are needs that relate directly to our health condition. Medical needs are needs which bear some relation to medical institutions or processes. I suggest that the question of whether medical insurance or public care should cover medical needs, health needs, or only needs which fit both categories is a political question that cannot be resolved definitionally. I also argue against an overly (...) strict definition of medical need on the grounds that this presupposes, wrongly, that medical intervention should always be a last resort. (shrink)

In this paper we explore the idea that Pentecostalism is best supported by conjoining it to a postmodern, narrative epistemology in which everything is a text requiring interpretation. On this view, truth doesn’t consist in a set of uninterpreted facts that make the claims of Christianity true; rather, as James K. A. Smith says, truth emerges when there is a “fit” or proportionality between the Christian story and one’s affective and emotional life. We argue that Pentecostals should reject this account (...) of truth, since it leads to either a self-refuting story-relativism or the equally problematic fallacy of story-ism: favoring one’s own story over others without legitimate reason. In either case, we contend, the gospel itself is placed at risk. (shrink)

A recent panel at the annual meetings of the American Society for Aesthetics had the title “Can films philosophize?” The answer is, obviously, no, if we take this question literally. But books can’t philosophize either, in this sense. People philosophize, and they generally use natural language as the medium in which they carry out this activity. So our question is, can film serve as a philosophical medium in the ways, or in some of the ways, that language does? To answer (...) this question, we must first ask in what ways language functions as a philosophical medium. At a very general level, the answer to this question is fairly straightforward, if uninteresting. Language functions as a philosophical medium in that we use language to identify, articulate, clarify, and inter-relate what are viewed as philosophical issues, and to deepen our understanding of these issues and of the things that others say about them. What we take to be the significant philosophical issues, however, and what we take to be a contribution to deepening our understanding of these issues, may differ according to the philosophical tradition in which we work. If, for example, we think that the most fundamental philosophical issue is asking the question of Being, then our judgment as to when the linguistic medium is being used to ‘do philosophy’ is likely to differ substantially from the judgment we would make if we think that philosophers are best occupied analyzing everyday discourse or tending the separate gardens of the sciences. (shrink)

In his Moderate Realism and Its Logic (Yale, 1996), Donald Mertz argues that the traditional ontology of nonpredicable substances and predicable universals is beset by “intractable problems,” “harbors an insidious error,” and constitutes a “stumbling block” for the ontologist. By contrast, a onecategory ontology consisting of relation instances (and combinations thereof) is sustainable, and indeed the only way of avoiding commitment to bare particulars. The success of the project turns on Mertz’s claim that every relation instance has a linking aspect, (...) so that (in a sense) even Socrates is a predicate. I argue that, ironically, it is this very feature of a relation instance that undermines Mertz’s entire theory of predication, effectively preventing any connections from being formed between the instances that allegedly compose an ordinary individual such as Socrates. (shrink)

In the 1980s and 1990s, a series of attempts were made to put into U.S. law a civil rights ordinance that would make it possible to sue the makers and distributors of pornography for doing so (under certain conditions). One defence of such legislation has come to be called "the free speech argument against pornography." Philosophers Rae Langton, Jennifer Hornsby and Caroline West have supposed that this defence of the legislation can function as a liberal defence of the legislation: in (...) particular, a defence of the legislation based on the value of women's liberty. This would be somewhat unexpected given MacKinnon's own antipathy toward liberalism. In this paper, I argue that the free speech argument against pornography cannot be used as a liberal defence of the ordinances. The legislation is, to some extent, self-defeating insofar as it understood in terms acceptable to a fairly standard kind of liberal. This becomes apparent when we consider the value pornography can have for women, which we can see if we consider what female makers, distributors and consumers of pornography have to say about why they make, distribute and consume it. (shrink)

This article argues for a task-based approach to identifying and individuating cognitive systems. The agent-based extended cognition approach faces a problem of cognitive bloat and has difficulty accommodating both sub-individual cognitive systems ("scaling down") and some supra-individual cognitive systems ("scaling up"). The standard distributed cognition approach can accommodate a wider variety of supra-individual systems but likewise has difficulties with sub-individual systems and faces the problem of cognitive bloat. We develop a task-based variant of distributed cognition designed to scale up and (...) down smoothly while providing a principled means of avoiding cognitive bloat. The advantages of the task-based approach are illustrated by means of two parallel case studies: re-representation in the human visual system and in a biomedical engineering laboratory. (shrink)

Stephen Davies taught philosophy at the University of Auckland, Auckland, New Zealand. His research specialty is the philosophy of art. He is a former President of the American Society for Aesthetics. His books include Definitions of Art (Cornell UP, 1991), Musical Meaning and Expression (Cornell UP, 1994), Musical Works and Performances (Clarendon, 2001), Themes in the Philosophy of Music (OUP, 2003), Philosophical Perspectives on Art (OUP, 2007), Musical Understandings and Other Essays on the Philosophy of Music (OUP, 2011), The Artful (...) Species: Aesthetics, Art, and Evolution (OUP, 2012), The Philosophy of Art (Wiley-Blackwell, 2016 second ed.), and Adornment: What Self-decorations Tells Us about Who We Are, (Bloomsbury Academic, 2020). (shrink)

There is significant controversy over whether patients have a ‘right not to know’ information relevant to their health. Some arguments for limiting such a right appeal to potential burdens on others that a patient’s avoidable ignorance might generate. This paper develops this argument by extending it to cases where refusal of relevant information may generate greater demands on a publicly funded healthcare system. In such cases, patients may have an ‘obligation to know’. However, we cannot infer from the fact that (...) a patient has an obligation to know that she does not also have a right not to know. The right not to know is held against medical professionals at a formal institutional level. We have reason to protect patients’ control over the information that they receive, even if in individual instances patients exercise this control in ways that violate obligations. (shrink)

The orthodox monadic determination thesis holds that we represent colour relations by virtue of representing colours. Against this orthodoxy, I argue that it is possible to represent colour relations without representing any colours. I present a model of iconic perceptual content that allows for such primitive relational colour representation, and provide four empirical arguments in its support. I close by surveying alternative views of the relationship between monadic and relational colour representation.

In this paper I propose a model of disability which synthesizes Amos Yong’s disability theology with Elizabeth Barnes’s “value-neutral model” of disability and then draws Sarah Coakley’s account of ante-mortem/post-mortem bodily fluidity in with both. To construct this model, I first outline Yong’s thought and then introduce Barnes’s work to it as a pivot point around which its eschatological imagery can turn. I then address Coakley’s work on bodily fluidity regarding gender and apply it to disability to reveal the model’s (...) capacity to hold theological clarity and mystery in tension successfully. (shrink)

Computer-Assisted Argument Mapping (CAAM) is a new way of understanding arguments. While still embryonic in its development and application, CAAM is being used increasingly as a training and development tool in the professions and government. Inroads are also being made in its application within education. CAAM claims to be helpful in an educational context, as a tool for students in responding to assessment tasks. However, to date there is little evidence from students that this is the case. This paper outlines (...) the use of CAAM as an educational tool within an Economics and Commerce Faculty in a major Australian research university. Evaluation results are provided from students from a CAAM pilot within an upper-level Economics subject. Results indicate promising support for the use of CAAM and its potential for transferability within the disciplines. If shown to be valuable with further studies, CAAM could be included in capstone subjects, allowing computer technology to be utilised in the service of generic skill development. (shrink)

According to telling based views of testimony (TBVs), B has reason to believe that p when A tells B that p because A thereby takes public responsibility for B's subsequent belief that p. Andrew Peet presents a new argument against TBVs. He argues that insofar as A uses context-sensitive expressions to express p, A doesn't take public responsibility for B's belief that p. Since context-sensitivity is widespread, the kind of reason TBVs say we have to believe what we're told, is (...) not widespread. Peet doesn't identify any problem with his own argument though he does attempt to limit its sceptical potential by identifying special contexts in which TBVs stand a chance of success. A more general defence of TBVs can be provided by showing Peet's argument to be unsound. I argue that Peet's argument is unsound because it requires us to wrongly suppose that speakers do far less labour than their audiences in context-sensitive linguistic communication. I aim to show why—in the context of the epistemology of testimony and the philosophy of language—it's important to recognize the labour that speakers can do, and so can can be held responsible for not doing, in episodes of context-sensitive linguistic communication. (shrink)

It is often thought that traditional recidivism prediction tools used in criminal sentencing, though biased in many ways, can straightforwardly avoid one particularly pernicious type of bias: direct racial discrimination. They can avoid this by excluding race from the list of variables employed to predict recidivism. A similar approach could be taken to the design of newer, machine learning-based (ML) tools for predicting recidivism: information about race could be withheld from the ML tool during its training phase, ensuring that the (...) resulting predictive model does not use race as an explicit predictor. However, if race is correlated with measured recidivism in the training data, the ML tool may ‘learn’ a perfect proxy for race. If such a proxy is found, the exclusion of race would do nothing to weaken the correlation between risk (mis)classifications and race. Is this a problem? We argue that, on some explanations of the wrongness of discrimination, it is. On these explanations, the use of an ML tool that perfectly proxies race would (likely) be more wrong than the use of a traditional tool that imperfectly proxies race. Indeed, on some views, use of a perfect proxy for race is plausibly as wrong as explicit racial profiling. We end by drawing out four implications of our arguments. (shrink)

This paper resolves a paradox concerning colour constancy. On the one hand, our intuitive, pre-theoretical concept holds that colour constancy involves invariance in the perceived colours of surfaces under changes in illumination. On the other, there is a robust scientific consensus that colour constancy can persist in cerebral achromatopsia, a profound impairment in the ability to perceive colours. The first stage of the solution advocates pluralism about our colour constancy capacities. The second details the close relationship between colour constancy and (...) contrast. The third argues that achromatopsics retain a basic type of colour constancy associated with invariants in contrast processing. The fourth suggests that one person-level, conscious upshot of such processing is the visual awareness of chromatic contrasts ‘at’ the edges of surfaces, implicating the ‘colour for form’ perceptual function. This primitive type of constancy sheds new light on our most basic perceptual capacities, which mark the lower borders of representational mind. (shrink)

Academic philosophy has a novelty problem. Novelty has become a litmus test for a contribution’s value. This results in a common undertaking for academic researchers. Read a bunch. Look for holes and gaps. Figure out what hasn’t been said. Try to insert yourself in a conversation by saying something new. On first glance, this approach might appear to make sense. If it’s not new, why do we need it? Yet a fixation on novelty sculpts a landscape of philosophical inquiry that (...) is inhospitable and self-undermining. (shrink)

As individuals we often face complex issues about which we must weigh evidence and come to conclusions. Corporations also have to make decisions on the basis of strong and compelling arguments. Legal practitioners, compelled by arguments for or against a proposition and underpinned by the weight of evidence, are often required to make judgments that affect the lives of others. Medical doctors face similar decisions. Governments make purchasing decisions—for example, for expensive military equipment—or decisions in the areas of public or (...) foreign policy. These issues involve many arguments on all sides of difficult debates. These issues involve understanding the arguments of others and being able to make objections and provide rebuttals to objections. Students in universities deal with arguments all the time. A major purpose of a university education—regardless of subject matter—is to teach students how to read, understand, and respond to complex arguments. The ability to do this makes for highly employable, adaptable, and reflectively critical individuals. We often call the skill of marshaling arguments and assessing them “critical thinking.” All universities claim to instill the skill of critical thinking in their graduates and routinely note this in their advertising and promotional documents. This short paper outlines one way this skill can be taught. (shrink)

This paper argues that private property and rights assignment, especially as applied to communication infrastructure and information, should be informed by advances in both technology and our understanding of psychology. Current law in this area in the United States and many other jurisdictions is founded on assumptions about human behavior that have been shown not to hold empirically. A joint recognition of this fact, together with an understanding of what new technologies make possible, leads one to question basic assumptions about (...) how law is made and what laws we should have in a given area, if any. I begin by analyzing different aspects of U.S. law, from a high-level critique of law making to a critique of rights assignment for what I call 'simple nonrival goods.' I describe my understanding, as a non-lawyer with a background in psychology and computing, of the current conventions in U.S. law, consider the foundational assumptions that justify current conventions, describe advances in psychology and technology that call these conventions into question, and briefly note how the law might normatively change in this light. I then apply this general analysis to the question of domain name assignment by the Internet Corporation for Assigned Names and Numbers (ICANN). (shrink)

The idea of using responsibility in the allocation of healthcare resources has been criticized for, among other things, too readily abandoning people who are responsible for being very badly off. One response to this problem is that while responsibility can play a role in resource allocation, it cannot do so if it will leave those who are responsible below a “sufficiency” threshold. This paper considers first whether a view can be both distinctively sufficientarian and allow responsibility to play a role (...) even for those who will be left with very poor health. It then draws several further distinctions that may affect the application of responsibility at this level. We conclude that a more plausible version of the sufficientarian view is to allow a role for responsibility where failure to do so will leave someone else who is not responsible below the sufficiency threshold. However, we suggest that individuals must exhibit “sufficient responsibility” in order for this to apply, involving both a sufficient level of control and an avoidable failure to respond adequately to reasons for action. (shrink)

While there is considerable disagreement on the precise nature of material objecthood, it is standardly assumed that material objects must be spatial. In this paper, I provide two arguments against this assumption. The first argument is made from largely a priori considerations about modal plenitude. The possibility of non-spatial material objects follows from commitment to certain plausible principles governing material objecthood and plausible principles regarding modal plenitude. The second argument draws from current philosophical discussions regarding theories of quantum gravity and (...) the emergence of spacetime. When it is appreciated what possible worlds these current theories commit us to, the possibility of non-spatial material objects will follow. Thus, either route will lead us to the possibility of non-spatial material objects. The significance of this result is that we need to revise our accounts of material objecthood to both accommodate these possibilities and the theories that lead to them. (shrink)

“Violence” and “nonviolence” are, increasingly, misleading translations for the Sanskrit words hiṃsā and ahiṃsā—used by Gandhi as the basis for his philosophy of satyāgraha. I argue for rereading hiṃsā as “maleficence” and ahiṃsā as “beneficence.” These two more mind-referring English words capture the primacy of intention implied by Gandhi’s core principles. Reflecting a political turn in moral accountability detectable through linguistic data, both the scope and the usage of the word “violence” have expanded dramatically, making it harder to convincingly characterize (...) people and actions as “nonviolent.” New terminology could clarify the distinction between hiṃsā and ahiṃsā, and, thereby, prevent misunderstandings of Gandhi. Training in beneficence would reflect Gandhi’s psychological path to reducing avoidable harm: ego-detachment, universal love, and seeking truth by experiment. -/- NOTE: An extended, unpublished version, with additional arguments and evidence, is also available on PhilPapers as "The Primacy of Intention and the Duty to Truth: A Gandhi-Inspired Argument for Retranslating Hiṃsā and Ahiṃsā, with Connections to History, Ethics, and Civil Resistance". (shrink)

The words "violence" and "nonviolence" are increasingly misleading translations for the Sanskrit words hiṃsā and ahiṃsā -- which were used by Gandhi as the basis for his philosophy of satyāgraha. I argue for re-reading hiṃsā as “maleficence” and ahiṃsā as “beneficence.” These two more mind-referring English words – associated with religiously contextualized discourse of the past -- capture the primacy of intention implied by Gandhi’s core principles, better than “violence” and “nonviolence” do. Reflecting a political turn in moral accountability detectable (...) through linguistic data, both the scope and the usage of the word “violence” have expanded dramatically. The expanded scope of “violence” reflects greater consciousness of the various forms that serious harm can take, but also makes it harder to convincingly characterize people and actions as “nonviolent.” New translations could clarify the distinction between hiṃsā and ahiṃsā, and thereby prevent some misunderstandings of Gandhi. Training in beneficence would reflect Gandhi’s psychological path to reducing avoidable harm: detachment from the ego, learning to love universally, and seeking truth by experiment. (shrink)

On 26 January 2021, while announcing that the country had reached the mark of 100,000 deaths within 28 days of COVID-19, UK Prime Minister Boris Johnson said that he took “full responsibility for everything that the Government has done” as part of British efforts to tackle the pandemic. The force of this statement was undermined, however, by what followed: -/- What I can tell you is that we truly did everything we could, and continue to do everything that we can, (...) to minimise loss of life and to minimise suffering... -/- Taking these sentiments together, it was hard to avoid the conclusion that the government took responsibility only for doing everything right. Such an admission of responsibility, accommodating no admission of error or wrongdoing, is not really about responsibility at all. Indeed, the UK’s pandemic response has been marked from its earliest days by a shifting of focus from institutional responsibility to personal responsibility for individual UK residents. -/- This paper explores the relationship between these two sites of responsibility—the institutional and the personal—in the context of the sort of pandemic that is ongoing as we write. Section 2 offers some initial definitions and discussions of key terms. Section 3 outlines how these two ideas interact in principle during such emergencies. Section 4 turns to the ‘non-ideal’ implications for personal responsibility of failures of institutional responsibility. While our focus is on the specific context with which we are most familiar, the UK governmental approach, where appropriate we also include examples from other states. (shrink)

There is an ongoing increase in the use of mobile health technologies that patients can use to monitor health-related outcomes and behaviours. While the dominant narrative around mHealth focuses on patient empowerment, there is potential for mHealth to fit into a growing push for patients to take personal responsibility for their health. I call the first of these uses ‘medical monitoring’, and the second ‘personal health surveillance’. After outlining two problems which the use of mHealth might seem to enable us (...) to overcome—fairness of burdens and reliance on self-reporting—I note that these problems would only really be solved by unacceptably comprehensive forms of personal health surveillance which applies to all of us at all times. A more plausible model is to use personal health surveillance as a last resort for patients who would otherwise independently qualify for responsibility-based penalties. However, I note that there are still a number of ethical and practical problems that such a policy would need to overcome. The prospects of mHealth enabling a fair, genuinely cost-saving policy of patient responsibility are slim. (shrink)

_ Source: _Page Count 25 This is a pre-print. Please cite only the revised published version. This paper presents an original, ambitious, truth-directed transcendental argument for the existence of an ‘external world’. It begins with a double-headed starting-point: Stroud’s own remarks on the necessary conditions of language in general, and Hegel’s critique of the “fear of error.” The paper argues that the sceptical challenge requires a particular critical concept of thought as that which may diverge from reality, and that this (...) concept is possible only through reflection on situations of error, in which how things are thought to be diverges from how things really are with independent items in an objective world. The existence of such a world is therefore a necessary condition of the possibility of scepticism: such scepticism is therefore false. I defend the argument against objections from Stroud’s sceptic and others. Drawing on Heidegger, the paper concludes by indicating that the chain of necessary conditions includes practical engagement with the world. (shrink)

In this paper, I defend the agent/patient distinction against critics who argue that causal interactions are symmetrical. Specifically, I argue that there is a widespread type of causal interaction between distinct entities, resulting in a type of ontological asymmetry that provides principled grounds for distinguishing agents from patients. The type of interaction where the asymmetry is found is when one of the entities undergoes a change in kind, structure, powers, or intrinsic properties as a result of the interaction while the (...) other does not. Interactions of this type are widespread in molecular biology and chemistry. I focus specifically on (i) the actions of enzymes on substrates and (ii) water molecules breaking the bonds of polarized molecules. Finally, I respond to objections by laying out and to a limited extent defending three commitments of my account: emergent entities and powers, realism about chemical kinds or structures, and the assumption of the agent/patient distinction in functional attributions in biology. (shrink)

A considerable literature has emerged around the idea of using ‘personal responsibility’ as an allocation criterion in healthcare distribution, where a person's being suitably responsible for their health needs may justify additional conditions on receiving healthcare, and perhaps even limiting access entirely, sometimes known as ‘responsibilisation’. This discussion focuses most prominently, but not exclusively, on ‘luck egalitarianism’, the view that deviations from equality are justified only by suitably free choices. A superficially separate issue in distributive justice concerns the two–way relationship (...) between health and other social goods: deficits in health typically undermine one's abilities to secure advantage in other areas, which in turn often have further negative effects on health. This paper outlines the degree to which this latter relationship between health and other social goods exacerbates an existing problem for proponents of responsibilisation (the ‘harshness objection’) in ways that standard responses to this objection cannot address. Placing significant conditions on healthcare access because of a person's prior responsibility risks trapping them in, or worsening, negative cycles where poor health and associated lack of opportunity reinforce one another, making further poor yet ultimately responsible choices more likely. It ends by considering three possible solutions to this problem. (shrink)