While the image of the slave as the antithesis of the freeman is central to republican freedom, it is striking to note that slaves themselves have not contributed to how this condition is understood. The result is a one-sided conception of both freedom and slavery, which leaves republicanism unable to provide an equal and robust protection for historically outcast people. I draw on the work of Frederick Douglass – long overlooked as a significant contributor to republican theory – to show (...) one way why this is so. Focusing the American Revolution, the subsequent republican government established new political institutions to maintain the collective interests of the whole population. The political revolution was held in place by processes of public reason that reflected the values and ideas of the people that had rebelled. The black population, however, had not been part of this revolution. After emancipation, black Americans were required to accept terms of citizenship that had already been defined, leaving them socially dominated, subject to the prejudices and biases within the prevailing ideas of public discourse. Douglass argued that republican freedom under law is always dependent on a more fundamental revolution, that he calls a ‘radical revolution in thought’, in which the entire system of social norms and practices are reworked together by members of all constituent social groups – women and men, black and white, rich and poor – so that it reflects a genuinely collaborative achievement. Only then can we begin the republican project of contestatory freedom as independence or non-domination that today’s republicans take for granted. (shrink)

Although they were never to meet and corresponded only briefly, Catharine Macaulay and Mary Wollstonecraft shared a mutual admiration and a strong intellectual bond. Macaulay’s work had a profound and lasting effect on Wollstonecraft, and she developed and expanded on many of Macaulay’s ideas. While she often took these in a different direction, there remains a great synergy between their ideas to the extent that we can understand Wollstonecraft’s own feminist arguments by approaching them through the frameworks and ideas that (...) Macaulay provided. These included the principles of classical republicanism, particularly in its understanding of the values of freedom, equality and virtue, and an understanding of reason as grounded in immutable principles that apply equally to both sexes. On the question of women’s freedom and social equality with men, I argue that though Macaulay sets up the problem in far richer and more detailed philosophical terms, in the end it is Wollstonecraft that has the more compelling account of its far-reaching social implications and of how this might be addressed. (shrink)

This article explores the implications of Michael Polanyi's concept of Tacit Knowledge for religious belief in general, and Christianity in particular, by investigating the relationship of tacit knowledge to commitment in scientific investigation, and extrapolating that relationship to commitments in the area of religious belief.

Catharine Macaulay was one of the most significant republican writers of her generation. Although there has been a revival of interest in Macaulay amongst feminists and intellectual historians, neo-republican writers have yet to examine the theoretical content of her work in any depth. Since she anticipates and addresses a number of themes that still preoccupy republicans, this neglect represents a serious loss to the discipline. I examine Macaulay’s conception of freedom, showing how she uses the often misunderstood notion of virtue (...) to reconcile the individual and collective elements inherent in the republican model. In her own analysis of the deep-rooted social obstacles that stand in the way of women becoming free, Macaulay identifies a serious problem that confronts all republicans, namely how to secure freedom in the face of entrenched structural imbalances that systematically disadvantage certain classes of person. In the end, I conclude that Macaulay herself cannot overcome the issues she raises. This in no way diminishes the importance of her work since her diagnosis is as relevant today as in her own time. (shrink)

In spite of its everyday connotations, the term independence as republicans understand it is not a celebration of individualism or self-reliance but embodies an acknowledgement of the importance of personal and social relationships in people’s lives. It reflects our connectedness rather than separateness and is in this regard a relational ideal. Properly understood, independence is a useful concept in addressing a fundamental problem in social philosophy that has preoccupied theorists of relational autonomy, namely how to reconcile the idea of individual (...) human agency with the inevitable and necessary influence of other people, both directly and indirectly. I derive my account from the work of Mary Wollstonecraft and Catharine Macaulay, whose contributions have remained largely overlooked by current republican theorists. I have three purposes in this chapter. First, I set out the relational character of independence. Secondly, I outline a republican approach to the problem of structural social threats to agency. Finally, I hope to establish the basis for a fruitful dialogue between republicans and relational autonomy theorists on the requirements and dynamics of individual agency and freedom in oppressive social situations. I identify three distinctive features of the internal logic of freedom as independence that give it a relational character: it always locates the person within a community; there is a mediating role played by the notion of arbitrariness in connecting individual and collective perspectives; a causal relationship exists linking each person’s freedom as independence such that that the dependence of one class of persons jeopardizes the independence of the whole community. (shrink)

The external world sceptic tells some familiar narratives involving massive deception. Perhaps we are brains in vats. Perhaps we are the victim of a deceitful demon. You know the drill. The sceptic proceeds by observing first that victims of such deceptions know nothing about their external environment and that second, since we cannot rule out being a victim of such deceptions our- selves, our own external world beliefs fail to attain the status of knowledge. Discussions of global external world scepticism (...) tend to focus on the second step, where a number of well-known lines of resistance have been offered. But there has been little attention to the first, seemingly innocuous step. That will be the focus of this paper. Part one – sections 1, 2, and 3 – will explain why these standard narratives are not convincing examples of cases where there is no knowledge of the external world. In part two – section 4 – we shall undertake a useful case study. David Lewis’s ‘Elusive Knowledge’ is often thought of as presenting an epistemological vision that is somewhat friendly to external world scepticism: as Lewis himself presents things, there are contexts where external world knowledge ascriptions are uniformly false, and where true knowledge ascriptions are limited to either axiomatic truths or truths about our inner life. We examine his discussion in the light of the preceding reflections and show that the framework he presents is not so concessionary to global external world scepticism after all. (shrink)

No serious discussion of the forces shaping Schleiermacher could overlook the influence that Romanticism had on the formulation of his thought. Seeing the Enlightenment’s confidence in human reason as an obstacle to the effective communication of the gospel, he contrastingly understood Romanticism as an ally, for it emphasized passion over reason — imagination and inspiration over logic. The Enlightenment’s enshrinement of human reason as the autonomous source for truth had advanced naturalistic rationalism as its sole determinant. With the ascendancy of (...) this rationalism came an attendant depreciation of other avenues of knowledge, leaving no possibility for its existence outside of the empirical. This state of affairs produced a climate that had starved the soul. -/- In the Romanticists, Schleiermacher found others that shared his views: a great value placed on inward feeling and the importance of the growth of the individual. Schleiermacher’s efforts sought to gain a hearing among his contemporaries by contextualizing the Christian faith within the paradigm of Romanticism, bringing about the emergence of a movement that would embrace a subjectified view of truth. -/- This work advances the proposal that much of the thought currently associated with postmodernism finds its first cogent expression in the writings of the German theologian Friedrich Schleiermacher (1768-1834). Widely hailed as the Father of Modern Theology, his influences in the areas of thought that would eventually combine to produce postmodernism have been ignored by both Christian and non-Christian scholars. (shrink)

In this chapter, Ricardo Silvestre and Alan Herbert offer a reconstruction of the Gītā’s concept of God with a focus on the relationship between God and the world. They try to explain the claim that the Gītā is panentheistic. This is done with the help of some key notions of contemporary metaphysics (such as ontological dependence and fundamentality) along with the Indic notion of prakṛti, considered as a metaphysical primitive denoting the intimate relationship that exists between matter and conscious (...) living beings on the one hand, and God on the other. (shrink)

I argue for three conclusions. First, responsibility skeptics are committed to the position that the criminal justice system should adopt a universal nonresponsibility excuse. Second, a universal nonresponsibility excuse would diminish some of our most deeply held values, further dehumanize criminals, exacerbate mass incarceration, and cause an even greater number of innocent people (nonwrongdoers) to be punished. Third, while Saul Smilansky's ‘illusionist’ response to responsibility skeptics – that even if responsibility skepticism is correct, society should maintain a responsibility‐realist/retributivist criminal justice (...) system – is generally compelling, it would not work if a majority of society were to convert, theoretically and psychologically, to responsibility skepticism. In this (highly improbable) scenario, and only in this (highly improbable) scenario, the criminal justice system would need to be reformed in such a way that it aligned with the majority's responsibility‐skeptical beliefs and attitudes. (shrink)

In this article, I re-examine Kant’s many senses of cognition, thought, and object in order to better understand his account of logic, and, in particular, transcendental logic. In laying out the multiple and conflicting ways Kant defines each of those terms, the relation between transcendental logic and pure general logic can be revealed as analogous to, and, indeed, linked to, the isomorphism that exists between the categories of the understanding and the logical forms of judgment, which are equivalent if one (...) ignores the manifold of intuition. This means transcendental logic is a general logic, even as a logic of (some) cognizing. (shrink)

In the appendix to his Treatise Hume admits that his philosophy of mind is defective. Reluctantly he asserts that his thought has ensnared him in a labyrinth. Referring specifically to the section in the Treatise on personal identity and the self, the young Scot admits that he is “involv’d in such a labyrinth, that, I must confess, I neither know how to correct my former opinions, nor how to render them consistent.” (Treatise 633) My paper is a critical investigation of (...) this characterization of Hume’s predicament. I argue (1) that at best Hume is facing a dilemma, not a labyrinth, and (2) that the dilemma can be solved, and (3) that the resolution to Hume’s problem can be found in his conception of intelligibility. (shrink)

The Hodgkin–Huxley (HH) model of the action potential is a theoretical pillar of modern neurobiology. In a number of recent publications, Carl Craver ([2006], [2007], [2008]) has argued that the model is explanatorily deficient because it does not reveal enough about underlying molecular mechanisms. I offer an alternative picture of the HH model, according to which it deliberately abstracts from molecular specifics. By doing so, the model explains whole-cell behaviour as the product of a mass of underlying low-level events. The (...) issue goes beyond cellular neurobiology, for the strategy of abstraction exhibited in the HH case is found in a range of biological contexts. I discuss why it has been largely neglected by advocates of the mechanist approach to explanation. 1 Introduction2 A Primer on the HH Model2.1 The basic qualitative picture2.2 The quantitative model3 Interlude: What Did Hodgkin and Huxley Think?4 Craver’s View4.1 Mechanistic explanation4.2 Sketches4.3 Craver's view: The HH model as a mechanism sketch5 An Alternative View of the HH Model5.1 Another look at the equations5.2 The discrete-gating picture5.3 The road paved by Hodgkin and Huxley5.4 Summary and comparison to Craver6 Conclusion: The HH Model and Mechanistic Explanation6.1 Sketches and abstractions6.2 Why has aggregative abstraction been overlooked? (shrink)

Philosophical orthodoxy has it that intentional action consists in one’s intention appropriately causing a motion of one’s body, placing the latter as (conceptually and/or metaphysically) prior to the former. Here I argue that this standard schema should be reversed: acting intentionally is at least conceptually prior to intending. The argument is modelled on a Williamsonian argument for the priority of knowledge developed by Jenifer Nagel. She argues that children acquire the concept KNOWS before they acquire BELIEVES, building on this alleged (...) developmental priority of knowledge to establish its conceptual priority. I start by taking a closer look at Nagel’s argument, canvassing extant objections to do both with the empirical adequacy of her claims and their philosophical implications. Doing so allows me in the second part of the paper to draw lessons that inform the construction of a revamped parallel argument for the priority of ACTS INTENTIONALLY. (shrink)

Recently, various philosophers have argued that we can obtain knowledge via the imagination. In particular, it has been suggested that we can come to know concrete, empirical matters of everyday significance by appropriately imagining relevant scenarios. Arguments for this thesis come in two main varieties: black box reliability arguments and constraints-based arguments. We suggest that both strategies are unsuccessful. Against black-box arguments, we point to evidence from empirical psychology, question a central case-study, and raise concerns about a (claimed) evolutionary rationale (...) for the imagination's reliability. Against the constraints-based account, we argue that to the extent that it works, this does not give rise to knowledge that is distinctively from the imagination. We conclude by suggesting that the imagination's role in raising possibilities, traditionally seen as part of the context of discovery, can in fact play a role in justification, including as a bulwark against certain sorts of skepticism. (shrink)

The mature materialism of Joseph Priestley's Disquisitions relating to Matter and Spirit of 1777 is based on three main arguments: that Newton's widely-accepted scientific methodology requires the rejection of the 'hypothesis' of the soul; that a dynamic theory of matter breaks down the active/passive dichotomy assumed by many dualists; and that interaction between matter and spirit is impossible. In Matter and Spirit it is the first two arguments which are given greatest prominence; but it is the third argument which first (...) brought Priestley to take materialism seriously. It was an argument which had persistently troubled him in his dualist years, but it was not until 1774 in the Examination that he 'first entertained a serious doubt of the truth of the vulgar hypothesis'. Underlying this fact is an episode of some complexity which this article examines. (shrink)

The artform of standup comedy can be seen as having much in common with the discipline of philosophy, particularly with the way philosophy is carried out or “performed,” whether professionally or otherwise. There are, for instance, certain basic similarities between how standup comedians and philosophers value ideals of clarity and precision when it comes to the issue of determining what kind of language is best to employ if one seeks to either effectively deliver a funny joke, as in the case (...) of standup comedy, or if one seeks to effectively articulate and present an argument that can later be assessed as sound, as in the case of philosophy. The reason this is of note is because it is rooted in another similarity that serves not only to bring these two activities significantly closer but to isolate standup comedy from most artforms when it comes to how it conceives of matters pertaining to interpretation and purpose. More specifically, this is the fact that standup comedians and philosophers alike hope, and even expect on some level, that, in the best of cases, their respective jokes and reasoned arguments will compel some form of unanimous approval from those who properly understand and engage with their content. When this observation is combined with the additional observation that jokes can also serve as vehicles for imparting wisdom of a genuinely philosophical nature despite the fact that generating laughter rather than seeking truth per se represents standup comedy’s ostensive primary goal, this leads one to wonder how porous the boundaries that otherwise serve to distinguish these two activities might be. In particular, in light of the nature and scope of the many similarities that can be said to exist between them, which I lay out and discuss in the article, it seems that standup comedy could even be reasonably argued to be the artform closest to philosophy. (shrink)

Evolutionary debunking arguments appeal to selective etiologies of human morality in an attempt to undermine moral realism. But is morality actually the product of evolution by natural selection? Although debunking arguments have attracted considerable attention in recent years, little of it has been devoted to whether the underlying evolutionary assumptions are credible. In this paper, we take a closer look at the evolutionary hypotheses put forward by two leading debunkers, namely Sharon Street and Richard Joyce. We raise a battery of (...) considerations, both empirical and theoretical, that combine to cast doubt on the plausibility of both hypotheses. We also suggest that it is unlikely that there is in the vicinity a plausible alternative hypothesis suitable for the debunker’s cause. (shrink)

This article reexamines Vico’s early critique of Cartesian reasoning and of how the Cartesian method, which comes from epistemology, creates problems for the sciences once embedded into their methodologies and given a foundational role. The focus will be on De nostri temporis studiorum ratione (1709), where Vico argues against generalizing the Cartesian method and overemphasizing clarity and distinctness in the search for truth. To this end, Vico’s relation to Cartesianism is first carefully contextualized. Then, Vico is presented as a hylomorphist (...) when it comes to how scientific disciplines and their instruments interrelate, something key for understanding why he questions the “instrumentalization” of the Cartesian method in the first place. Afterwards, Vico’s account of the impossibility of maximal scientific progress when the Cartesian method is prioritized across the sciences is presented, as probabilistic reasoning and the importance of the imagination and memory take centerstage. Lastly, the article looks at Vico’s opposition to the geometrical method’s role in physics and his defense of visual thinking in mathematics. The hope throughout is to advance a picture of the early Vico as being not only a neo- Baconian pragmatist, but a hypermodern ”meta-Cartesian” thinker concerned with humanity’s optimizing its creative potential in order to achieve scientific advances. (shrink)

The Callicles colloquy of Plato’s Gorgias features both examination and ridicule. Insofar as Socrates’ examination of Callicles proceeds via the elenchus, the presence of ridicule requires explanation. This essay seeks to provide that explanation by placing the effort to ridicule within the effort to examine; that is, the judgment/pronouncement that something/ someone is worthy of ridicule is a proper part of the elenchic examination. Standard accounts of the Socratic elenchus do not include this component. Hence, the argument of this essay (...) suggests a need to revise the standard account of the elenchus, at least as it relates to the use of that method within the Gorgias. Insofar as a revised account of the elenchus has implications for our understanding of Socratic moral psychology, the argument of this essay also suggests a need to reconsider the moral psychological framework within which Socrates operates in the Gorgias. (shrink)

Statistical evidence—say, that 95% of your co-workers badmouth each other—can never render resenting your colleague appropriate, in the way that other evidence (say, the testimony of a reliable friend) can. The problem of statistical resentment is to explain why. We put the problem of statistical resentment in several wider contexts: The context of the problem of statistical evidence in legal theory; the epistemological context—with problems like the lottery paradox for knowledge, epistemic impurism and doxastic wrongdoing; and the context of a (...) wider set of examples of responses and attitudes that seem not to be appropriately groundable in statistical evidence. Regrettably, we do not come up with a fully general, fully adequate, fully unified account of all the phenomena discussed. But we give reasons to believe that no such account is forthcoming, and we sketch a somewhat messier account that may be the best that can be had here. (shrink)

Moral realism is often taken to have common sense and initial appearances on its side. Indeed, by some lights, common sense and initial appearances underlie all the central positive arguments for moral realism. We offer a kind of debunking argument, taking aim at realism’s common sense standing. Our argument differs from familiar debunking moves both in its empirical assumptions and in how it targets the realist position. We argue that if natural selection explains the objective phenomenology of moral deliberation and (...) judgement, then this undermines arguments from that phenomenology. This results in a simpler, and in some ways more direct, challenge to realism. It is also less vulnerable to the main objections that have been leveled against such arguments. If accepted, our conclusion should make a real difference to the dialectic in this area. It means that neither realism nor its denial is the default, to-be-refuted, position. (shrink)

Gregory Kavka's 'Toxin Puzzle' suggests that I cannot intend to perform a counter-preferential action A even if I have a strong self-interested reason to form this intention. The 'Rationalist Solution,' however, suggests that I can form this intention. For even though it is counter-preferential, A-ing is actually rational given that the intention behind it is rational. Two arguments are offered for this proposition that the rationality of the intention to A transfers to A-ing itself: the 'Self-Promise Argument' and David Gauthier's (...) 'Rational Self-Interest Argument.' But both arguments – and therefore the Rationalist Solution – fail. The Self-Promise Argument fails because my intention to A does not constitute a promise to myself that I am obligated to honor. And Gauthier's Rational Self-Interest Argument fails to rule out the possibility of rational irrationality. (shrink)

This wide ranging discourse covers many disciplines of science and the human condition in an attempt to fully understand the manifestation of time. Time's Paradigm is, at its inception, a philosophical debate between the theories of 'Presentism' and 'The Block Model', beginning with a pronounced psychological analysis of 'free will' in an environment where the past and the future already exist. It lays the foundation for the argument that time is a cyclical, contained progression, rather than a meandering voyage into (...) infinity, bringing into question the validity of a commensurate 'Big Bang'. Following, the proposal widens to encompass physics. It tackles clock rates and time dilation, acausality and the nuisance of a universal clock, and demonstrates that conscious consideration creates the present moment - time's flow - separating the solid state past and future whose reality is devoid of space. Arguments relating to Quantum Physics theory, including the Uncertainty Principle and a Superposition of States, lend credibility to key areas involving cognitive awareness. It is posited that defined points in time and space prohibit progress in linear models for progression. Thus motile paradoxes can be resolved with the absence of infinities; temporal perception, it is concluded, being the result of uncertainty. Time's Paradigm takes the bold step of asking us to consider a tangible dimension of time, representing an intimate extension of our three, known spatial dimensions. Chaos theory is briefly introduced leading to the configuration of a fractal fourth dimension of time whose assumption demands only one direction of flow. Further, it asks whether our universe is expanding or contracting. It considers the simple physics of bodies contracting in a fourth dimension of time (UC), and how that marries comfortably with standard scientific models such as Special Relativity. The rate at which matter is contracting in the universe is illustrated in a reduction factor of 1.618... coinciding with Fibonacci's Ratio and countering Time Dilation. Lastly the more complex aspects of relativistic velocities are tackled together with the conundrum of Zero Velocity and The Speed of Light being attributes of the same event in Cyclical Space-Time, and ultimately, the prospect of superluminal velocities by interaction with parallel time-zones in a multi-layered block universe. (shrink)

Pascal’s Wager involves expected utilities. In this chapter, we examine the Wager in light of two main features of expected utility theory: utilities and probabilities. We discuss infinite and finite utilities, and zero, infinitesimal, extremely low, imprecise, and undefined probabilities. These have all come up in recent literature regarding Pascal’s Wager. We consider the problems each creates and suggest prospects for the Wager in light of these problems.

In his Treatise Hume makes a profound suggestion: philosophical problems, especially problems in metaphysics, are verbal. This view is most vigorously articulated and defended in the course of his investigation of the problem of the self, in the section “Of personal identity.” My paper is a critical exploration of Hume's arguments for this influential thesis and an analysis of the context that informs this 1739 version of the nature of philosophical problems that anticipates the linguistic turn in philosophy. -/- .

Joseph Priestley was a man of many and varied intellectual interests. This thesis surveys his philosophical thought, with a central focus on his philosophical theology. The subject can be divided into two parts, natural theology and moral theology. Priestley's natural theology is a perhaps unique attempt to combine and harmonize materialism, determinism and theism, under the auspices of Newtonian methodology. His materialism is based on three arguments: that interaction between matter and spirit is impossible; that a dynamic theory of matter (...) breaks down the active/passive dichotomy assumed by many dualists; and that Newton's "Rules of Reasoning in Philosophy" require the rejection of the "hypothesis" of the soul. His determinism arises from his theory of causation. He attempts to show that the only acceptable account of causation is one in which every cause is invariably followed by the same effect, and that libertarianism violates this central assumption of scientific thought. His theism rests on the Argument from Design. He defends the Argument by trying to show that none of the alternatives to Design advanced in Hume's Dialogues concerning Natural Religion constitute a plausible scientific hypothesis. His critics accused his synthesis of materialism, determinism and theism of leading to atheism or pantheism. His defence against these charges is that his system is essentially theistic, and that its ontology is determined by the Argument from Design. Priestley's moral theology is also in part a response to Hume's Dialogues. He offers a number of replies to the "problem of evil". Evil and adversity heighten our appreciation of good; they are a consequence of the finitude of the creation; they follow from the desirability of having a world governed by general laws; and they make possible the achievement of moral character. Character-formation is his main defence, and his methodology requires him to show that adversity leads more often than not to positive results. This requirement is embodied in his progressivist philosophy of history. History, he holds, exhibits temporal purpose and Design, just as nature exhibits atemporal purpose and Design. Priestley's political thought can be seen as arising from his moral theology, mediated by the notions of "luxury", which he regards as morally harmless, and "idleness", which is the main source of moral evil. His combination of liberalism and radicalism is examined both for internal consistency and as a response to the events of his day, ending with the French Revolution. Priestley is interesting partly for his unorthodoxy, partly for the inter-connectedness of his diverse concerns, and partly because he debated with distinguished contemporaries. Throughout the thesis his views are juxtaposed with those of Hume, Reid, Price, Boscovich, Burke and a number of other thinkers. (shrink)

Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. Are (...) you guilty now? -/- Probably. You might argue that your scopophiliac ambition was impossible to satisfy given that you were peeping into a squash court, not a locker room. But this “Impossibility Defense” would fail because most jurisdictions follow the very influential Model Penal Code (MPC), which says that what is important about attempt is not the likelihood of success but rather what was going on in your head. You tried to peer into a locker room with the intention of seeing some nudity; that is enough for culpability. The fact that you were mistaken about the location does not exonerate you. -/- But now suppose that the particular jurisdiction you are in does not criminalize voyeurism. While most people think that voyeurism is just plain wrong, if not disgusting, the legislature just never got around to drafting a statute against it. Are you guilty now? The answer is no. But you might just be out of luck and convicted anyway. -/- The reason for this strange conclusion is that most jurisdictions have followed the Model Penal Code in yet another respect: along with the MPC’s “subjectivist” emphasis on what is in your head, they have followed the MPC’s lead in abolishing the Impossibility Defense entirely. As a result, people who believe that they are breaking laws when they really are not may still be subject to arrest, prosecution, and conviction respectively by police, prosecutors, and judges/juries merely if all three parties regard your conduct — especially your trying to violate a law that you mistakenly believed in — as morally reprehensible. The best, if not only, defense against this charge is the Impossibility Defense, but — again — most jurisdictions have decided to make this defense unavailable to defendants. -/- Depriving eligible defendants of the Impossibility Defense is unjust. It violates one of the most basic principles of criminal justice: the legality principle. The legality principle says that there cannot be just punishment without a crime, and there should not be a crime without an explicit law designating it as such. So you cannot be charged with, and convicted of, attempted voyeurism if voyeurism, reprehensible as it may be, was not explicitly prohibited at the time that you made the attempt. -/- If we believe in the legality principle, then we must restore the Impossibility Defense. Without the latter, too many defendants are being — and will continue to be — punished for attempts to perform acts that were not themselves illegal but which various parties in the criminal justice system (except the legislature) thought should be illegal based on their extralegal, moral prejudices. -/- In addition to the MPC, the principal obstacle to resurrecting the Impossibility Defense is a good deal of conceptual confusion that permeates relevant cases and scholarship. Too many courts and academics have conflated “factual impossibility” with “legal impossibility” and have fallaciously inferred “hybrid impossibility” from “hybrid mistakes” (that is, legal mistakes that derive from factual mistakes). One of the principal goals of this Article, then, is to clear up all of this confusion. I will explicate in the simplest possible terms (a) the difference between factual impossibility and legal impossibility, (b) why only legal impossibility qualifies as exculpatory, and (c) why hybrid impossibility simply does not exist. (shrink)

Algorithmic systems and predictive analytics play an increasingly important role in various aspects of modern life. Scholarship on the moral ramifications of such systems is in its early stages, and much of it focuses on bias and harm. This paper argues that in understanding the moral salience of algorithmic systems it is essential to understand the relation between algorithms, autonomy, and agency. We draw on several recent cases in criminal sentencing and K–12 teacher evaluation to outline four key ways in (...) which issues of agency, autonomy, and respect for persons can conflict with algorithmic decision-making. Three of these involve failures to treat individual agents with the respect they deserve. The fourth involves distancing oneself from a morally suspect action by attributing one’s decision to take that action to an algorithm, thereby laundering one’s agency. (shrink)

In 1739 Hume bequeathed a bold view of the self to the philosophical community that would prove highly influential, but equally controversial. His bundle theory of the self elicited substantial opposition soon after its appearance in the Treatise of Human Nature. Yet Hume makes it clear to his readers that his views on the self rest on respectable foundations: namely, the views of the highly regarded Irish philosopher, George Berkeley. As the author of the Treatise sees it, his account of (...) the self draws on Berkeley’s conception of language, especially his views on singular terms. But Hume, as impressed as he is with Berkeley’s account of language, deems it necessary to defend this view against possible criticism. In the process Hume modifies Berkeley’s views. My paper is a critical investigation of Hume’s defense of Berkeley on language and an attempt to highlight the extent to which Hume departs from the views of his Irish colleague. -/- . (shrink)

A surprisingly large number of scholars believe that (a) we are blameworthy, and therefore punishable, only for what we have control over; (b) we have control only over our actions and intentions, not the consequences of our actions; and therefore (c) if two agents perform the very same action (e.g., attempting to kill) with the very same intentions, then they are equally blameworthy and deserving of equal punishment – even if only one of them succeeds in killing. This paper argues (...) against these “equivalence theorists” that harmful consequences do make a moral difference, that the harm produced by the killer’s attempt retroactively makes her action more blameworthy, and therefore deserving of more punishment, than the failed attempter’s attempt. The primary argument for this “non-equivalence theory” is an analogy with gambling. Just as a gambler makes a deal with the casino to allow metaphysical luck to retroactively determine the “profit status” of her bet, so too the attempted killer makes a deal with “the casino of morality” to allow metaphysical luck to retroactively determine the moral status of her attempt. She makes the “moral deal” that if her attempt succeeds, her attempt was more blameworthy than if her attempt does not succeed. And it is the greater blameworthiness of the killer’s attempt that justifies our intuition that the killer should be punished more harshly than the failed attempter. (shrink)

The distinction between the contexts of discovery and justification, this distinction dear to the projects of logical empiricism, was, as is well known, introduced in precisely those terms by Hans Reichenbach in his Experience and Prediction (Reichenbach 1938). Thus, while the idea behind the distinction has a long history before Reichenbach, this text from 1938 plays a salient role in how the distinction became canonical in the work of philosophers of science in the mid twentieth century. The new contextualist history (...) of philosophy that has arisen in recent years invites us into an investigation of the nuances of philosophical distinctions and their roles in shaping the development of disciplines. Logical empiricism played a key role in the historical development of philosophy of science and this contextualist history has revealed a much richer set of projects in logical empiricism than the potted histories had allowed. Many stories have been told about the contexts of justification and discovery; few of those stories have paid more than passing attention to the larger projects in epistemology and meta-epistemology that Reichenbach was pursuing when he drew the distinction. This brief essay will seek partially to rectify that lack in, I hope, a somewhat surprising way. I shall stress the connection between this canonical distinction and some other epistemological and social terms that loom large in Reichenbach’s text, arguing that the social relevance of scientific philosophy for Reichenbach cannot be set aside in understanding his use of the DJ distinction. My point is, therefore, historical and reflexive. If we attend to the larger significance of the project in scientific philosophy that Reichenbach was advancing, we can see more clearly why the DJ distinction was introduced and rethink the significance of questioning the distinction. (shrink)

Kant's correspondence with his colleague and zealous disciple, Marcus Herz, was prophetic: only a few will understand the Critique of Pure Reason. Unfortunately, the problems are intractable and the necessary conceptual scheme to deal with the problems requires a "complete change of thinking in this part of human knowledge". But eventually people will "get over the initial numbness" Kant reassures another correspondent, Christian Garve. Fortunately, he suggests, there is a central question at the foundation of his difficult thought - a (...) question that is the key to his ideas. So what is this important question that Kant insists has been "stated clearly enough"? And how clear is it? I explore these issues in my paper. (shrink)

In this article, I examine the ethical and political dimensions of Hannah Arendt’s fundamental categories of thinking, judgment, and action, with the aim of uncovering and defending the coherence of the otherwise enigmatic nature of their interplay. In so doing, I attempt to resolve many of the tensions and ambiguities that appear to permeate Arendt’s account of judgment, by offering an analysis of its aesthetic structure that will later allow me to offer a new interpretation of the precise relation that (...) holds between thinking and judgment, as well as of judgment’s relation with regard to both morality and politics in general, making extended use of a writing analogy that involves thought experimentation. In this light, the category of judgment will be shown to serve as the bridge that seamlessly connects Arendt’s private conception of thinking, which is personal, contemplative, and anti-teleological, with the intersubjective realm of political action in the public sphere. The nexus binding the three categories together will be shown to consist specifically of an ontogenetic chain of interdependence that begins with thinking and culminates in action, where each successor category in the sequence can be viewed as a higher-order version of its immediate predecessor category. From this, I then explain the way they are able to collectively create a positive feedback loop that turns on the axis of our progress as thinkers, as well as on the state of our moral development as individuals, and which, in the process, creates potential openings for genuine political progress. (shrink)

Quine's views on semantic holism and observation statements appear to be incompatible. My paper is an attempt to alleviate this tension.

There has been a resurgence of interest lately within philosophy of mind and action in the category of mental action. Against this background, the present paper aims to question the very possibility, or at least the theoretical significance, of teasing apart mental and bodily acts. After raising some doubts over the viability of various possible ways of drawing the mental act/bodily act distinction, the paper draws some lessons from debates over embodied cognition, which arguably further undermine the credibility of the (...) distinction. The insignificance of the distinction is demonstrated in part by showing how the focus on ‘inner’ acts hampers fruitful discussion of Galen Strawson’s skepticism of mental agency. Finally, the possibility is discussed that a distinction between covert and overt action should supplant the one between mental and bodily action. (shrink)

The semeiotic of Charles Sanders Peirce is irreducibly triadic, positing that a sign mediates between the object that determines it and the interpretant that it determines. He eventually holds that each sign has two objects and three interpretants, standardizing quickly on immediate and dynamical for the objects but experimenting with a variety of names for the interpretants. The two most prominent terminologies are immediate/dynamical/final and emotional/energetic/logical, and scholars have long debated how they are related to each other. This paper seeks (...) to shed new light on the matter by reviewing the numerous manuscript drafts where Peirce develops the latter nomenclature while attempting to introduce his pragmatism to a general audience. It then goes on to examine an additional set of interpretants, intentional/effectual/communicational, and shows that the three different trichotomies can be understood as complementary, rather than redundant or conflicting. (shrink)

An analytic investigation of Antioch's "Sexual Offense Policy.".

Hume warns his readers that his view on necessity will not be understood by his critics. As he sees it, his view is paradoxical: Necessity is "nothing but an internal impression of the mind, or a determination to carry our thought from one object to another". Recent critics find it difficult to accept Hume's view and have done their best to interpret it in their way. My paper is a critical investigation of the attempts by Pears, Baier and Stoud to (...) "rescue" Hume from his own folly. (shrink)

Intention Cognitivism – the doctrine that intending to V entails, or even consists in, believing that one will V – is an important position with potentially wide-ranging implications, such as a revisionary understanding of practical reason, and a vindicating explanation of 'Practical Knowledge'. In this paper, I critically examine the standard arguments adduced in support of IC, including arguments from the parity of expression of intention and belief; from the ability to plan around one's intention; and from the explanation provided (...) by the thesis for our knowledge of our intentional acts. I conclude that none of these arguments are compelling, and therefore that no good reason has been given to accept IC. (shrink)

This paper explores some consequences of Lewis’s (Australas J Philos 74(4):549–567, 1996) understanding of how knowledge is compartmentalized. It argues, first, that he underestimates how badly it impacts his view. When knowledge is compartmentalized, it lacks at least one of two essential features of Lewis’s account: (a) Elusiveness—familiar skeptical possibilities, when relevant, are incompatible with everyday knowledge. (b) Knowledge is a modality—when a thinker knows that p, there is no relevant possibility where p is false. Lewis proposes compartmentalized knowledge to (...) keep treating knowledge as a modality while mitigating one of its unrealistic epistemological implications: In normal modal epistemic logic (and standard possible world semantics), a thinker always counts as knowing the strongest proposition that follows from the set of all the individual propositions that this thinker knows. Lewis’s compartmentalization proposal is that thinkers merely know the conjunctions of propositions that are known in each of, but not across, their compartments. The irony is that in avoiding overblown knowledge the view now allows for thinkers to attend to skeptical error possibilities and yet knowledge is present. The account avoids inflation of knowledge in one sense only to acquire another type of knowledge the view denies subjects can have. This problem motivates an inspection of knowledge accounts whose intra-compartment closure principles are weaker than those that are valid in normal modal-logic. The conclusion is that some formulations of closure can avoid the challenge Lewis’s view faces. Nevertheless, even these closure principles pose a barrier—perhaps an implausible barrier—for knowledge of ignorance. Even when the reasoning supporting the lack of knowledge is sound, a subject cannot always know she doesn’t know. Interestingly, this obstacle is one that knowledge of knowledge doesn’t seem to face. (shrink)

In his magnum opus, David Hume asserts that a person is “nothing but a bundle or collection of different perceptions, which succeed each other with an inconceivable rapidity, and are in a perpetual flux and movement.” (Treatise 252) Hume is clearly proud of his bold thesis, as is borne out by his categorical arguments and analyses on the self. Contributions like this will, in his opinion, help establish a new science of human nature, “which will not be inferior in certainty, (...) and will be much superior in utility to any other of human comprehension.” (Treatise xix) Unfortunately for Hume, the bundle theory of the self subsequently elicits substantial criticism and hostility from numerous critics, both philosophical and non-philosophical. As confident as the young Scot is about the merits of his theory when he first proposes it, the sharp critical responses to his thought on the self ultimately compel him to withdraw his controversial views from public scrutiny. The irony is that the author of the bundle theory of the self himself acknowledges that his account of the self is seriously defective. In his appendix to the Treatise, Hume decries the labyrinth that his views on the self have driven him into. Five years in the making, Hume's Labyrinth: A Search for the Self explores in detail both Hume's views on the self and his critical reservations on an account of the self that would subsequently become highly influential in the philosophy of mind. -/- Central to Hume's Labyrinth is the suggestion that a careful analysis of the appendix to the Treatise throws an invaluable light on a number of elements fundamental to Hume's views on the self, not least of which is the role of Berkeley s views on language. While Hume often acknowledges the significance of Berkeley's philosophy in the Treatise, the argument here is that Berkeley's account of terms is the foundation of Hume's philosophy of the mind, with its contentious bundle theory of the self. And when this influence is assayed a new dimension of Hume's views on the self emerges. For now it appears that the bundle theory of the self is nothing but a heuristic device adopted by Hume to help further philosophical investigations into the mind. In short, it turns out that Hume is a pragmatist, intent on presenting an account of the self that researchers interested in the problems of human nature will find useful. (shrink)

Response to commentary. We are grateful to Crockett and Craigie for their interesting remarks on our paper. We accept Crockett’s claim that there is a need for caution in drawing inferences about patient groups from work on healthy volunteers in the laboratory. However, we believe that the evidence we cited established a strong presumption that many of the patients who are routinely taking a medication, including many people properly prescribed the medication for a medical condition, have morally significant aspects of (...) their cognition and behavior modified in a way that is unintended and may sometimes be unwelcome. Crockett notes that in some cases the effects of long-term drug use may differ, sometimes markedly, from the effects of short-term use. However, if acute use of a drug affects a neural system involved in mediating moral cognition or behavior, this nevertheless provides some evidence that chronic use of the drug may affect that same system and thus have morally significant effects. It is also plausible, in some cases, that an acute moral effect would give rise to a chronic moral effect via cognitive mechanisms. ... (shrink)

In this Article, I will argue that a person may be deserving of criminal punishment even in certain situations where she is not necessarily morally responsible for her criminal act. What these situations share in common are two things: the psychological factors that motivate the individual’s behavior are environmentally determined and her crime is serious, making her less eligible for sympathy and therefore less likely to be acquitted. -/- To get to this conclusion, I will proceed in four steps. In (...) Part II, I will offer the first two of these steps. First, I will argue that our foundational assumption that moral responsibility is necessary for just blame and punishment is not self-evident and is actually rather difficult to explain and justify. Second, I will offer an explanation and justification that appeals to our moral psychology. Specifically, I will argue that we subscribe to this assumption ultimately because we sympathize with agents who lack responsibility for their actions. -/- Third, in Part IV, I aim to show that even if moral responsibility is not conceptually — only “emotionally” — necessary for just blame and punishment, the traditionally recognized criminal excuses are not at risk because, contrary to popular wisdom, they do not really rely on this assumption to begin with. Instead, they stand less for the metaphysical proposition that we should refrain from blaming and punishing the non-responsible and more for the normative/ethical proposition that we should refrain from blaming and punishing those whom we cannot reasonably expect to have acted better. I will further argue that the latter proposition does not necessarily reduce to the former. -/- Fourth, once I have defended my account of the excuses, I will question in Parts V and VI the increasingly popular notion that we should add certain conditions or circumstances to the list of recognized excuses. I will focus on one in particular — the psychological theory of “situationism” — and will argue that, despite its initial plausibility, it should be kept off the list. While situationism arguably does negate moral responsibility, it does not negate criminal responsibility. -/- Of course, this is a controversial point. Criminal responsibility is almost universally thought to require moral responsibility. But in a previous article, "Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention," 48 San Diego L. Rev. 1299, I used personality psychology to drive a wedge between the two. In this article, I will use the opposite end of the psychological spectrum — social psychology — to drive the same important wedge. (shrink)

When agents insert technological systems into their decision-making processes, they can obscure moral responsibility for the results. This can give rise to a distinct moral wrong, which we call “agency laundering.” At root, agency laundering involves obfuscating one’s moral responsibility by enlisting a technology or process to take some action and letting it forestall others from demanding an account for bad outcomes that result. We argue that the concept of agency laundering helps in understanding important moral problems in a number (...) of recent cases involving automated, or algorithmic, decision-systems. We apply our conception of agency laundering to a series of examples, including Facebook’s automated advertising suggestions, Uber’s driver interfaces, algorithmic evaluation of K-12 teachers, and risk assessment in criminal sentencing. We distinguish agency laundering from several other critiques of information technology, including the so-called “responsibility gap,” “bias laundering,” and masking. (shrink)

Peter Baumann uses the Monty Hall game to demonstrate that probabilities cannot be meaningfully applied to individual games. Baumann draws from this first conclusion a second: in a single game, it is not necessarily rational to switch from the door that I have initially chosen to the door that Monty Hall did not open. After challenging Baumann's particular arguments for these conclusions, I argue that there is a deeper problem with his position: it rests on the false assumption that what (...) justifies the switching strategy is its leading me to win a greater percentage of the time. In fact, what justifies the switching strategy is not any statistical result over the long run but rather the "causal structure" intrinsic to each individual game itself. Finally, I argue that an argument by Hilary Putnam will not help to save Baumann's second conclusion above. (shrink)

Although Peirce frequently insisted that continuity was a core component of his philosophical thought, his conception of it evolved considerably during his lifetime, culminating in a theory grounded primarily in topical geometry. Two manuscripts, one of which has never before been published, reveal that his formulation of this approach was both earlier and more thorough than most scholars seem to have realized. Combining these and other relevant texts with the better-known passages highlights a key ontological distinction: a collection is bottom-up, (...) such that the parts are real and the whole is an ens rationis, while a continuum is top-down, such that the whole is real and the parts are entia rationis. Accordingly, five properties are jointly necessary and sufficient for Peirce’s topical continuum: rationality, divisibility, homogeneity, contiguity, and inexhaustibility. (shrink)

The overwhelmingly predominant view in philosophy sees intending as a mental state, specifically a plan-like state. This paper rejects the predominant view in favor of a starkly opposed novel alternative. After criticizing both the predominant Bratman-esque view of intention, and an alternative view inspired by Michael Thompson, the paper proceeds to set out and defend the idea that acting with an intention to V should be understood disjunctively, as either one’s V-ing intentionally or one’s performing some kind of failed intentional (...) V-ing, where the two disjuncts share no common state of intention. Instructive structural parallels to perceptual disjunctivism are pointed out, and the view is shown, unlike its rivals, to successfully extend to capture both prospective and present intention, thereby unifying the three different guises of intention. (shrink)