The standard of proof in criminal trials in many liberal democracies is proof beyond a reasonable doubt, the BARD standard. It is customary to describe it, when putting a number on it, as requiring that the fact finder be at least 90% certain, after considering the evidence, that the defendant is guilty. Strikingly, no good reason has yet been offered in defense of using that standard. A number of non-consequentialist justifications that aim to support an even higher standard have been (...) offered; all are morally unsound. Meanwhile, consequentialist arguments plausibly support a substantially lower standard — in some cases so low as to undermine the idea that punishment is what is at stake. In this paper, I offer a new retributive justification that supports excluding the instrumental benefits of punishment from the balance that sets the standard. The resulting balance supports a standard arguably in the ballpark of the customary understanding of BARD: a standard requiring that the fact finder have a high, though not maximally high, degree of confidence that the defendant is guilty. (shrink)

We are likely to have immersive virtual reality and ubiquitous augmented reality in the coming decades. At least some people will use extended reality or “the metaverse” to work, play and shop. In order to achieve the best possible versions of this virtual future, however, we will need to learn from three decades of regulating the Internet. The new virtual world cannot consist of walled corporate fiefdoms ruled only by profitmaximization. The interests of workers, consumers and citizens in virtuality require (...) proactive legislation and oversight. -/- This white paper first addresses the central question the metaverse poses, whether virtual life is inherently more alienating and less authentic than face-to-face life experiences. This question is both a philosophical question about the nature of the good life and an empirical question about the accumulating evidence about the impacts of the digital on subjective well-being. -/- . (shrink)

This is a reply to de Sousa's 'Emotional Truth', in which he argues that emotions can be objective, as propositional truths are. I say that it is better to distinguish between truth and accuracy, and agree with de Sousa to the extent of arguing that emotions can be more or less accurate, that is, based on the facts as they are.

I argue that nonresident aliens, in places that are clearly not U.S. territory, should benefit from constitutional rights. This is a matter of mutuality of obligation. The U.S. claims the authority to hold all people accountable for respecting certain laws, such as the law of war as defined in the Military Commissions Act. Accordingly, it must accord them basic legal rights in return. At the same time, I argue, contra Benjamin Wittes, that this would not lead to absurdly opening the (...) courthouse doors, nor does it require abandoning principle to keep the flood of litigation reasonably contained. Not all harms inflicted by the U.S. government can give rise to a lawsuit, and that the distinction between those who should have a right to sue and those who should not can be drawn in a principled way. (shrink)

S. Matthew Liao and Christian Barry argue that the patient-centered approach to deontology that I have developed—the restricting claims principle —‘is beset with problems.’ They think that it cannot correctly handle cases in which a potential victim sits in the path of an agent doing what she needs to do for some greater good, or in which a person’s property is used to benefit others and harm her. They argue that cases in which an agent does what would be permissible (...) but acts on a malicious reason show that agent intentions, rather than patientclaims, are fundamental to deontology. And they claim that the RCP presupposes the means principle in a way that shows that it is not really offering anything new. I argue here that all of these charges are mistaken. Doing so allows me to offer important refinements to the RCP, to highlight two common mistakes in reasoning about cases, and to set challenges for agentcentered approaches to deontology. (shrink)

I assess Churchland's views on folk psychology and conceptual thinking, with particular emphasis on the connection between these topics.

Philosophy and Phenomenological Research, Volume 104, Issue 3, Page 728-746, May 2022.

Scale matters in morality, so that different factors occupy us at high and low scales. Different people are needed to be good neighbours in everyday life and moral heroes in crises. There is no reason to believe that the same traits are required for both. So there is no such thing as the all-round good person.

Ideally, should liberals in a pluralistic society be able to agree to abide by a common legal system such that all their disputes are resolved without resort to illegal force? Rawls believes the answer is “yes.” I explain and defend his answer, but I also conclude, focusing on the example of abortion, that the truth is “not necessarily, not always.” Rawls’s conceptions of reasonable citizens and public reason help explain why there is a strong prima facie duty to forswear illegal (...) force. It is based on the duty to respect others, which requires that one be able to justify one's actions to them insofar as they are reasonable and matters of basic justice are at issue. One cannot justify using illegal force to those who reasonably think a law is just; to them it is a form of disrespect. Nonetheless, if one reasonably thinks that a fundamental injustice is tolerated or even established by the law, then one may be no less reasonable than one has reason to be if one uses illegal force, sacrificing this form of respect to right a greater wrong. (shrink)

I discuss a large number of emotions that are relevant to performance at epistemic tasks. My central concern is the possibility that it is not the emotions that are most relevant to success of these tasks but associated virtues. I present cases in which it does seem to be the emotions rather than the virtues that are doing the work. I end of the paper by mentioning the connections between desirable and undesirable epistemic emotions.

Poverty has traditionally been conceived of as a state of deprivation. To be poor is to lack something essential to human flourishing. How that something is understood—in terms of welfare, resources, or capabilities—and how it is measured—in absolute terms or relative to a social standard—has been the subject of much debate within the development literature. In this paper, I put forward an account of poverty rooted in the philosophy of action. I argue that poverty essentially involves being in a context (...) in which a reasonable agent’s future-directed agency is systemically undermined. Centering this dimension of poverty allows us to attend to aspects of poverty that are easily overlooked on existing accounts. (shrink)

Certain theorists argue that intention cannot be a wrong-making feature of actions because (a) it is morally impermissible to encourage morally impermissible actions; (b) there are certain putatively impermissible actions that seem to be impermissible because of the intention with which they are performed; and (c) at least some of these actions can permissibly be encouraged. If one accepts (a) and (c), then one should conclude that these actions cannot really be impermissible. This paper rejects the premise that it is (...) always impermissible to encourage impermissible acts. The argument explores three ways one could encourage an act that would be permissible but for its being performed with a wrong-making intention. It argues that there is at most a strong but defeasible presumption against encouraging the performance of impermissible actions. (shrink)

I argue against the Ramsey test connecting indicative conditionals with conditional probability, by means of examples in which conditional probability is high but the conditional is intuitively implausible. At the end of the paper, I connect these issues to patterns of belief revision.

In this paper, I challenge the recent consensus that global versions of theological voluntarism—on which all moral facts are explained by God’s action—fail, because only local versions—on which only a proper subset of moral facts are so explained—can successfully avoid the objection that theological voluntarism entails that God’s actions are arbitrary. I argue that global theological voluntarism can equally well avoid such arbitrariness. This does not mean that global theological voluntarism should be accepted, but that the primary advantage philosophers have (...) taken local views to have over global views is, in fact, no advantage at all. (shrink)

Extended Reality (XR) and Large Language Model (LLM) technologies have the potential to significantly influence higher education practices and pedagogy in the coming years. As these emerging technologies reshape the educational landscape, it is crucial for educators and higher education professionals to understand their implications and make informed policy decisions for both individual courses and universities as a whole. -/- This paper has two parts. In the first half, we give an overview of XR technologies and their potential future role (...) in higher education. Then, we discuss the benefits and challenges of adopting and integrating XR technologies into higher education settings. Finally, we offer recommendations for educators, administrators, and policymakers on how to approach the adoption of this set of technologies and set institutional policy to take advantage of its benefits while minimizing its potential negative consequences. -/- In the paper’s second half, we discuss LLMs - specifically Generative Pre-trained Transformers (GPTs). Again, we provide an overview of this rapidly developing technology and examine its unprecedented and potentially disruptive impact on higher education pedagogy. We delve into the benefits and limitations of GPTs, highlighting the pedagogical and ethical challenges they may pose. Finally, we present actionable recommendations for instructors and administrators at both the course level and the university-wide level to guide policy decisions concerning these transformative technologies. (shrink)

Experiments are actions, performed in order to gain information. Like other acts, there are virtues of performing them well. I discuss one virtue of experimentation, that of knowing how to trade its information-gaining potential against other goods.

This paper begins with a discussion the role of less-than-admirable epistemic emotions in our respectable, indeed admirable inquiries: nosiness, obsessiveness, wishful thinking, denial, partisanship. The explanation for their desirable effect is Mandevillian: because of the division of epistemic labour individual epistemic vices can lead to shared knowledge. In fact it is sometimes essential to it.

We give a general description of a class of contrastive constructions, intended to capture what is common to contrastive knowledge, belief, hope, fear, understanding and other cases where one expresses a propositional attitude in terms of “rather than”. The crucial element is the agent's incapacity to distinguish some possibilities from others. Contrastivity requires a course-graining of the set of possible worlds. As a result, contrastivity will usually cut across logical consequence, so that an agent can have an attitude to p (...) rather than q but not to r rather than q , where r is a logical consequence of p . We relate these ideas to some general issues about thought, such as the question of whether all possibilities that can be distinguished in emotion can be distinguished in belief. (shrink)

Evolutionary debunking arguments claim that evolution has influenced our moral faculties in such a way that, if moral realism is true, then we have no positive moral knowledge. I present several popular objections to the standard version of this argument, then give a new EDA that has clear advantages in responding to these objections. Whereas the Standard EDA argues that evolution has selected for many moral beliefs with certain contents, this New EDA claims that evolution has selected for one belief: (...) belief in the claim that categorical reasons exist. If moral realism is true, then this claim is entailed by all positive moral claims, and belief in it is defeated due to evolutionary influence. This entails that if realism is true, then we have no positive moral knowledge. While there may be objections against this New EDA, it is much stronger than the Standard EDA, and one realists ought to worry about. (shrink)

I argue that considerations about computational complexity show that all finite agents need characteristics like those that have been called epistemic virtues. The necessity of these virtues follows in part from the nonexistence of shortcuts, or efficient ways of finding shortcuts, to cognitively expensive routines. It follows that agents must possess the capacities – metavirtues –of developing in advance the cognitive virtues they will need when time and memory are at a premium.

It is proposed that our memory is made up of individual, unconnected Records, to each of which is attached a Heading. Retrieval of a Record can only be accomplished by addressing the attached Heading, the contents of which cannot itself be retrieved. Each Heading is made up of a mixture of content in more or less literal form and context, the latter including specification of environment and of internal states (e.g. drug states and mood). This view of memory allows an (...) easy account of a number of natural memory phenomena as well as a variety of laboratory findings such as the differences between recall and recognition. The theory further proposes that Headed Records can neither be deleted nor modified. Data apparently against such a hypothesis can be accounted for in terms of the retrieval process. (shrink)

I relate plural quantification, and predicate logic where predicates do not need a fixed number of argument places, to the part-whole relation. For more on these themes see later work by Boolos, Lewis, and Oliver & Smiley.

I classify emotions in the family of regret, remorse, and so on, in such a way that it is easy to see how there can be further emotions in this family, for which we happened not to have names in English. I describe some of these emotions.

I discuss ways in which the linguistic form of mathimatics helps us think mathematically.

I consider Glimcher's claim to have given an account of mental functioning that is at once neurological and decision-theoretical. I am skeptical, but remark on some good ideas of Glimcher's.

A critical exposition of plans to colonize other planets , especially Mars, and their costs. The final chapter links with issues about the value and future of human life. See the extended summary uploaded to this site.

In his recent book Error Theory: History, Critique, Defence, Jonas Olson attempts to revive the argument from queerness originally made famous by J.L. Mackie. In this paper, we do three things. First, we eliminate four untenable formulations of the argument. Second, we argue that the most plausible formulation is one that depends crucially upon considerations of parsimony. Finally, we evaluate this formulation of the argument. We conclude that it is unproblematic for proponents of moral non-naturalism—the target of the argument from (...) queerness. (shrink)

I argue that folk psychology does not serve the purpose of facilitating prediction of others' behaviour but if facilitating cooperative action. (See my subsequent book *The Importance of Being Understood*.

I tried to tease out what Gilbert means by "normative". It isn't obvious. I conclude that assumptions about ideal agents – not just ideal in the sense of error-free but also ideal in the sense of unlimited – and assumptions about ideal placement of oneself in another person's situation, are essential to what he means. I conclude that what he says is very plausible given these assumptions, though they themselves are very problematic. Especially problematic is the idea of an unlimited (...) simulation of a limited agent's perspective. (shrink)

I investigate whether heuristics similar to those studied by Gigerenzer and his co-authors can apply to the problem of finding a suitable heuristic for a given problem. I argue that not only can heuristics of a very similar kind apply but they have the added advantage that they need not incorporate specific trade-off parameters for balancing the different desiderata of a good decision-procedure.

Epistemological objections to moral realism allege that realism entails moral skepticism. Many philosophers have assumed that theistic moral realists can easily avoid such objections. In this article, I argue that things are not so easy: theists run the risk of violating an important constraint on replies to epistemological objections, according to which replies to such objections may not rely on substantive moral claims of a certain kind. Yet after presenting this challenge, I then argue that theists can meet it, successfully (...) replying to the objections without relying on the problematic kinds of substantive moral claims. Theists have a distinctive and plausible reply to epistemological objections to moral realism. (shrink)

Many of our most important goals require months or even years of effort to achieve, and some never get achieved at all. As social psychologists have lately emphasized, success in pursuing such goals requires the capacity for perseverance, or "grit." Philosophers have had little to say about grit, however, insofar as it differs from more familiar notions of willpower or continence. This leaves us ill-equipped to assess the social and moral implications of promoting grit. We propose that grit has an (...) important epistemic component, in that failures of perseverance are often caused by a significant loss of confidence that one will succeed if one continues to try. Correspondingly, successful exercises of grit often involve a kind of epistemic resilience in the face of failure, injury, rejection, and other setbacks that constitute genuine evidence that success is not forthcoming. Given this, we discuss whether and to what extent displays of grit can be epistemically as well as practically rational. We conclude that they can be (although many are not), and that the rationality of grit will depend partly on features of the context the agent normally finds herself in. In particular, grit-friendly norms of deliberation might be irrational to use in contexts of severe material scarcity or oppression. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 12.3 (2005) 257-259 [Access article in PDF] Atrocity, Banality, Self-Deception Adam Morton Keywords evil, self-deception, banality, atrocity, motivation When talking about evil we must make a fundamental choice about how we are to use the term. We may use it as half of the contrast "good versus evil," in which case it covers everything that is not good. That includes moral incompetence, lack of (...) imagination, willingness to follow orders, overreactions, and a host of other reasons why people who do not have personalities that we would call evil do things that are wrong, often very wrong. Call this the weak reading of evil: evil as wrongdoing. Or we may use it with the meaning suggested by "evil person," "really evil act," "the evil lurking in all of us," and other such idioms. If we do this, we focus on a particular class of actions, and the motives and people that produce them, that arouse a particular moral revulsion in us. Call this the strong reading of evil: evil as atrocity (for more on this contrast see Morton [2004] and Card [2002]).Kubarych, following Peck, thinks of evil in the strong way. Most of the time at any rate: Some of the philosophers, such as Kant, that he draws on are thinking of evil in the weak way, and some of his quotations are from the German, where good/bad/evil distinctions are not drawn in the same way as in English. He explores a general explanation of evil that seems to be targeted at the psychology of extremely abhorrent actions. But, I argue, his account is in danger of collapse in either of two directions. Depending on how we interpret Kubarych's account, it could turn out that it describes all wrongdoing as evil, or, making some different choices, it could turn out that there are no really evil people.The strong reading of evil is definitely the most interesting and potentially fruitful. After all, we have no shortage of satisfying explanations of why people lie to get out of unwelcome appointments, steal to support their children or their drug habits, or defraud investors to become rich. But we do feel deeply puzzled by those who commit torture, serial murder, or genocide. We ask of these people not so much "Why did he do it?" as "How could he do it?" We feel the need of a philosophical or psychological theory that can give us even a slight handle of these people and their deeds. There are two risks associated with the project of explaining atrocity, though. The first is the risk of accepting unsatisfactory accounts, just because they purport to explain what we desperately want to understand. The second is the risk of supposing that there is a single explanation when the causes of the phenomenon are in fact too varied. On other topics these two risks have often combined to make people believe what seem to us now to be evident falsehoods. Humans have often for example wanted to know the causes of disease, and as a result have accepted blanket explanations, in terms of [End Page 257] evil spirits or lack of faith, that seem ludicrous to us now that we have a better grasp of the variety of factors that can cause our bodies to misfunction. So before asking naively "Why and how can people do these awful things?" we should ask "Is there a deeper causal unity here, beyond the fact that we react to these acts with horror?"My suspicion is that there is not much unity, that it is asking too much to want a common profile to the psychology of serial killers, or of proponents of genocide, let alone a profile that applies across these and other categories. What we can do, I believe, is describe our concept of evil in such a way that we can leave some parameters to be filled in by a large variety of objective psychological factors. Even this runs the risk that the really relevant factors cannot be forced into the role that the philosophical account requires. In... (shrink)

I explore how considerations about psychological damage connect with moral theories.

I discuss Goodman's claim that when 'all As are Bs' is a law then the counterfactual 'if a were an A, it would be a B' is tue. I give counterexamples, and link the failure of the connection to the contrast between higher level and lower level laws.

Cognitive Set Theory is a mathematical model of cognition which equates sets with concepts, and uses mereological elements. It has a holistic emphasis, as opposed to a reductionistic emphasis, and it therefore begins with a single universe (as opposed to an infinite collection of infinitesimal points).

It is in a way easier to imagine evil actions than we often suppose, but what it is thus relatively easy to do is not what we want to understand about evil. To argue for this conclusion I distin- guish between imagining why someone did something and imagining how they could have done it, and I try to grasp partial understanding, in part by distinguishing different imaginative pers- pectives we can have on an act. When we do this we see (...) an often unnoticed asymmetry: we do not put the same demands on our understanding of wrongdoing as on that of most everyday, morally acceptable, actions. (shrink)

I discuss the possibility that there is no intrinsic unity to the capacities which are bundled under the label "folk psychology". Cooperative skills, attributional skills, and predictive skills may be scattered as parts of other non--psychological capacities. I discuss how some forms of social life bring these different skills together. I end with some remarks on how abilities that are not unified in their essential mechanisms may still form a rough practical unity. (Remark: the paper is conjectural. It describes a (...) possibility to take seriously rather than a conclusion of which I am convinced.). (shrink)

The concepts of knowledge and accomplishment are duals. There are many parallels between them. In this paper I discuss the "AA" thesis, which is dual to the well known KK thesis. The KK thesis claims that if someone knows something, then she knows that she knows it. This is generally thought to be false, and there are powerful reasons for rejecting it. The AA thesis claims that if someone accomplishes something, then she accomplishes that she accomplishes it. I argue that (...) this, too, is false, and that the reasons it is false parallel reasons for the falsity of the KK thesis. (shrink)

Crime and Culpability, by Larry Alexander, Kimberly Kessler Ferzan (with Stephen Morse) is a visionary work of moral and legal philosophy. Nonetheless, it is fundamentally morally misguided. In seeking to free criminal law from what the authors take to be the distorting influence of outcome luck, they arrive at a position that is overly exculpatory. It fails to hold actors liable for the harms they cause when they have taken less care they should. -/- I argue, first, that the authors’ (...) attempt to strip criminal law of outcome luck is incoherent in its own terms, and that any attempt to follow through on their program would require a much more severe loss of accountability than the authors acknowledge. I then argue that outcome luck is pervasive in our moral lives, and that, given the choice of (a) not being able to hold agents accountable for much, or (b) holding them accountable for the results of their choices, including outcomes that result in part from moral luck, the right choice is (b). I wrap up with a concluding observation about the implausible moral psychology that underlies the authors’ view of culpable action. (shrink)

An introductory logic textbook where the central concept is not deduction but search and logical form. (Deduction - logical consequence - drops out as a special case. TIt is meant for a class-based rather than a lecture-based course, and for students with general interests.

Is there such a thing as bounded rationality? I first try to make sense of the question, and then to suggest which of the disambiguated versions might have answers. We need an account of bounded rationality that takes account of detailed contingent facts about the ways in which human beings fail to perform as we might ideally want to. But we should not think in terms of rules or norms which define good responses to an individual's limitations, but rather in (...) terms of desiderata, situations that limited agents can hope to achieve, and corresponding virtues of achieving them. We should not take formal theories defining optimal behavior in watered-down bounded form, even though they can impose enormous computational or cognitive demands. (shrink)

Suppose some person 'A' sets out to accomplish a difficult, long-term goal such as writing a passable Ph.D. thesis. What should you believe about whether A will succeed? The default answer is that you should believe whatever the total accessible evidence concerning A's abilities, circumstances, capacity for self-discipline, and so forth supports. But could it be that what you should believe depends in part on the relationship you have with A? We argue that it does, in the case where A (...) is yourself. The capacity for "grit" involves a kind of epistemic resilience in the face of evidence suggesting that one might fail, and this makes it rational to respond to the relevant evidence differently when you are the agent in question. We then explore whether similar arguments extend to the case of "believing in" our significant others -- our friends, lovers, family members, colleagues, patients, and students. (shrink)

Mathematical models provide explanations of limited power of specific aspects of phenomena. One way of articulating their limits here, without denying their essential powers, is in terms of contrastive explanation.

According to Marr's theory of vision, computational processes of early vision rely for their success on certain "natural constraints" in the physical environment. I examine the implications of this feature of Marr's theory for the question whether psychological states supervene on neural states. It is reasonable to hold that Marr's theory is nonindividualistic in that, given the role of natural constraints, distinct computational theories of the same neural processes may be justified in different environments. But to avoid trivializing computational explanations, (...) theories must respect methodological solipsism in the sense that within a theory there cannot be differences in content without a corresponding difference in neural states. (shrink)