This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and conversation. (...) Though the semantics is descriptivist, it avoids Dworkin’s influential criticism of so-called “semantic theories of law,” and elucidates the nature of “theoretical disagreements” about the criteria of legal validity. The account sheds light on the social, interpersonal function of normative uses of language in legal discourse. It also gives precise expression to Hart’s and Raz’s intuitive distinctions among types of legal claims (internal/external, committed/detached), while giving them a uniform type of analysis. The proposed semantics and pragmatics of legal claims provides a fruitful framework for further theorizing about the nature and metaphysics of law, the relation between law and morality, and the apparent practical character of legal language and judgment. Discourse Contextualism provides a solid linguistic basis for a broader account of legal discourse and practice. (shrink)

This paper takes it as a premise that a distinction between matters of fact and of law is important in the causal inquiry. But it argues that separating factual and legal causation as different elements of liability is not the best way to implement the fact/law distinction. What counts as a cause-in-fact is partly a legal question; and certain liability-limiting doctrines under the umbrella of “legal causation” depend on the application of factual-causal concepts. The contrastive account of factual causation proposed (...) in this paper improves matters. This account more clearly distinguishes matters of fact from matters of law within the cause-in-fact inquiry. It also extends the scope of cause-in-fact to answer some questions currently answered by certain doctrines of legal causation—doctrines that, it is argued, are more naturally seen as applications of our ordinary causal concept than as noncausal liability-limiting devices. (shrink)

It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule of (...) law, and (iv) strong discretion. I conclude with some methodological remarks. Delineating questions about conventional meaning, the metaphysics/metasemantics of (legal) content determination, and norms of legal interpretation and judicial practice can motivate clearer answers and a more refined understanding of the space of overall theories of vagueness, interpretation, and law. (shrink)

In his two chief works, the Theogony and Works and Days, Hesiod treats the possibility of providence. In the former poem, he considers what sort of god could claim to gives human beings guidance. After arriving at Zeus as the only consistent possibility, Hesiod presents Zeus’ rule as both cosmic and legalistic. In the latter poem, how- ever, Hesiod shows that so long as Zeus is legalistic, his rule is limited cosmically to the human being. Ultimately, Zeus’ rule emerges as (...) more human than cosmic, and thus unable to fulfill the cosmic demands of piety. Hesiod’s presentation thus begs, without thematically posing, the question of how human beings ought to live. Accordingly, Hesiod’s theological analysis, and not his theogony (or, implicit cosmogony or cosmology), sets the stage for the inquiries of the early Greek philosophers, and so political philosophy as a whole. (shrink)

Context-sensitive expressions appear ill suited to the purpose of sharing content across contexts. Yet we regularly use them to that end (in regulations, textbooks, memos, guidelines, laws, minutes, etc.). This paper describes the utility of the concept of a metacontext for understanding cross-contextual content-sharing with context-sensitive expressions. A metacontext is the context of a group of contexts: an infrastructure that can channel non-linguistic incentives on content ascription so as to homogenize the content ascribed to context-sensitive expressions in each context in (...) the group. Documents composed of context-sensitive expressions can share content across contexts when supported by an appropriate metacontext. The bible has its church, the textbook its education system, the form its bureaucracy, and the manifesto its social movement. Some metacontexts support cross-contextual content-sharing. Some don’t. A promising research programme (one with practical importance) would take metacontexts as its unit of analysis. (shrink)

This chapter examines whether high prices for gene therapies are justified and whether the problems associated with high prices can be solved by the "pay for performance" (P4P) reimbursement model. To this end, we first describe how prices for new drugs, including gene therapies, are set in Germany (section 2.). P4P is then presented as an example of a reimbursement model (section 3.). The subsequent ethical analysis (section 4.) first examines whether P4P models can sustainably guarantee the right to health (...) and healthcare for all people (section 4.1; cf. on the "sustainable right to health" already Alex, 2021). It is then shown that cost-benefit analyses for setting prices for new gene therapies must be viewed critically from an ethical perspective and pose a problem for equity of access and thus also for the sustainable guarantee of a right to health (section 4.2). The final question is whether P4P is compatible with the idea of human dignity (Article 1 I 1 of the German Basic Law) (section 4.3; cf. already König et al., 2020). -/- Alex, K. (2021): Ethical conceptualization of a sustainable right to health(care). In: Schildmann, J. et al. (eds.): Defining the value of medical interventions. Normative and empirical challenges. Kohlhammer, Stuttgart: 29-48. PMID: 36256802 König, J. et al. (2020): Am individuellen Therapieergebnis orientierte Erstattungsverfahren in der Onkologie: ethische Implikationen am Beispiel der CAR-T-Zelltherapie. In: Ethik Med 32: 85–92. doi: 10.1007/s00481-020-00565-3. (shrink)

While those who take a "structuralist" approach to racial justice issues are right to call attention to the importance of social practices, laws, etc., they sometimes go too far by suggesting that antiracist efforts ought to focus on changing unjust social systems rather than changing individuals’ minds. We argue that while the “either/or” thinking implied by this framing is intuitive and pervasive, it is misleading and self-undermining. We instead advocate for a “both/and” approach to antiracist moral education that explicitly teaches (...) how social structures influence ideas about race and how ideas about race shape, sustain, and transform social structures. Ideally, antiracist moral education will help people see how social change and moral progress depend on the symbiotic relations between individuals and structures. We articulate a conception of “structure-facing virtue” that exemplifies this hybrid approach to illuminate the pivotal role moral education plays in the fight for racial justice. (shrink)

A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as manifestations of human flourishing. Scholars typically contrast virtue ethics with deontological and consequentialist moral theories, tracing virtue-centered analysis to ancient Greek philosophers, and in particular to Aristotle. Virtue ethics has experienced a (...) revival over the past 65 years; but, long before that, it proved especially influential in Catholic moral thought, particularly through the work of Aquinas. Perhaps relatedly, scholars have seized on virtue jurisprudence to defend a range of politically conservative positions, such as originalist constitutional interpretation and the propriety of utilizing the law to regulate ostensibly “private” immoralities. This Article reveals the radically underappreciated progressive promise of virtue jurisprudence. Virtue jurisprudence requires no religious commitments whatsoever, but a strong version entails acceptance of the moral significance of developing one’s character—both within and without the law. On a compelling understanding of the virtues, rejecting a state of perpetual disadvantage under the law is a meaningful marker of the virtue of self-respect, and a repudiation of the vice of servility that would otherwise be imposed by the legal system itself. Thus, contrary to the predominant tenor of research on the subject, virtue jurisprudence can ground significant resistance to—and even defiance of—the law. In making this argument, the Article also draws novel connections between virtue jurisprudence and literature on (inter alia) race, feminism, and sexual orientation to reveal the unnoticed potential of virtue jurisprudence to push forward work in those and related areas. At a time when massive and widespread protests across the United States reflect a groundswell of support for overturning certain long-standing, legally-ingrained, systemic disadvantages of people of color, many might be surprised to learn that virtue jurisprudence can serve as a potent theoretical ally. (shrink)

The summer of 2020 witnessed perhaps the largest protests in American history in response to police and vigilante brutality against the black community. New protests are still erupting every time another suppressed video, such as of Daniel Prude, surfaces, or another killing, such as Breonna Taylor’s, goes unpunished. As communities demand meaningful reform, the point – or pointlessness – of “implicit bias training” takes on renewed urgency. Implicit bias trainings aim to raise awareness about the unwitting or unwilling prejudices and (...) stereotypes that shape our habits of thinking, feeling, and navigating through the social world. These trainings have been widely adopted by businesses, schools, and law enforcement agencies. Do they make any difference? -/- Although I conduct implicit bias trainings myself (including for courts, judges, police, and attorneys), I share many critics’ concerns. Many trainings are too brief and oversimple, and too often their real function is to permit organisations to “check a box” to protect against litigation, rather than to spark real change. But “implicit bias training” is just another way of saying “education about implicit bias,” and, like all kinds of education, it can be done well or poorly. If implicit bias is one important piece of a large and complex puzzle, then education about it – when done right – should have a meaningful role to play in helping us understand ongoing inequities and enact reforms. (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)

Public life abounds with examples of people whose beliefs—especially political beliefs—seem suspiciously convenient: consider, for example, the billionaire who believes that all taxation is unjust, or the Supreme Court Justice whose interpretations of what the law says reliably line up with her personal political convictions. After presenting what I take to be the best argument for the epistemological relevance of suspicious convenience, I diagnose how attempts to resist this argument rest on a kind of epistemological ideal theory, in a sense (...) to be made precise. And I argue that the ways in which this ideal theory can be deployed in defense of suspiciously convenient beliefs brings out the pernicious and distorting nature of such ideal theory in epistemology. (shrink)

An axiom of medical research ethics is that a protocol is moral only if it has a “favorable risk-benefit ratio”. This axiom is usually interpreted in the following way: a medical research protocol is moral only if it has a positive expected value -- that is, if it is likely to do more good (to both subjects and society) than harm. I argue that, thus interpreted, the axiom has two problems. First, it is unusable, because it requires us to know (...) more about the potential outcomes of research than we ever could. Second, it is false, because it conflicts with the so-called “soft paternalist” principles of liberal democracy. In place of this flawed rule I propose a new way of making risk-benefit assessments, one that does comport with the principles of liberalism. I argue that a protocol is moral only if it would be entered into by competent subjects who are informed about the protocol. The new rule this eschews all pseudo-utilitarian calculation about the protocol’s likely harms and benefits. (shrink)

We reply to critics of the World Health Organisation's Report "Making Fair Choices on the Path to Universal Health Coverage". We clarify and defend the report's key moral commitments. We also explain its role in guiding policy in the face of both financial and political constraints on making fair choices.

The article is devoted to the issue of history comprehension of the ancient societies in the context of their religious identity. Religion is one of the fundamental elements of civilization idea (“ontological project”); it constructs “universe” that is distinguished by the “laws of nature”, specific only for it. To make “communication” with ancient people maximally authentic, the researcher should not only recognize their right to look at the “world” in its own way, but also accept its “laws”, that means – (...) religion as well. Since the latter is almost impossible, the scientist is deprived of the possibility to comprehend another cultural and historical reality as vivid establishment of human spirit; he/she will see only scheme or fable in it. The proposed in this paper method of “epistemological polytheism”, based on thought experiment, gives the possibility to bypass difficulties of perception and to approximate the understanding of meanings that define the ancient people worldview. (shrink)

We offer a summary of the WHO Report "Making Fair Choices on the Path to Universal Health Coverage".

Comment on Beeghly, Erin. 2021. “Stereotyping as Discrimination: Why Thoughts Can Be Discriminatory.” Social Epistemology 35 (6): 547–63. -/- Beeghly’s “Stereotyping as Discrimination” is—characteristically—clear, thorough, and persuasive, rich with incisive arguments and thought-provoking case studies. In defending the view that stereotyping often constitutes discrimination, she makes a powerful case that, “Living ethically means cultivating a certain kind of ‘inner’ life and avoiding pernicious habits of thought, no matter how culturally pervasive” (Beeghly 2021b, 13). Support for such claims is traced back (...) not just to Aristotle and the Ten Commandments (Beeghly 2021b, 10), but also to critical social traditions. “As feminists and theorists of race have long noted, the most intimate aspects of our selves, including our ways of thinking, agency, and modes of embodiment, are among the mechanisms of group oppression” (Beeghly 2021b, 13). I offer, first, a tiny friendly amendment to one brief passage, followed by invitations to explore some of the further potential implications of Beeghly’s central theses. (shrink)

Appeals to intersectionality serve to remind us that social categories like race and gender cannot be adequately understood independently from each other. But what, exactly, is the intersectional thesis a thesis about? Answers to this question are remarkably diverse. Intersectionality is variously understood as a claim about the nature of social kinds, oppression, or experience ; about the limits of antidiscrimination law or identity politics ; or about the importance of fuzzy sets, multifactor analysis, or causal modeling in social science.

Scholars, journalists, and activists working on climate change often distinguish between “individual” and “structural” approaches to decarbonization. The former concern choices individuals can make to reduce their “personal carbon footprint” (e.g., eating less meat). The latter concern changes to institutions, laws, and other social structures. These two approaches are often framed as oppositional, representing a mutually exclusive forced choice between alternative routes to decarbonization. After presenting representative samples of this oppositional framing of individual and structural approaches in environmental communication, we (...) identify four problems with oppositional thinking and propose five ways to conceive of individual and structural reform as symbiotic and interdependent. (shrink)

Purpose of this article is to investigate the role that the "miraculous" – that is, everything that goes beyond “natural” – plays in the worldview of Western man. Methodology. I do not consider “miracles” as the facts of nature, but as the facts of culture, so in this article I am not talking about specific cases of violation of “laws of nature”, but about the place of “miraculous” in the view of the world of Western man and those transformations, that (...) occur with this element outlook influenced the development of information technologies. Novelty. It has been proved that miracles should be sought in mind, because the “miraculous” event does our attitude towards it. Moreover, it is impossible to determine the “true miracle”, while we are “inside” the reality. It has been demonstrated that influenced the development of society is transformed representations of gods and miracles. It has been discovered fundamental shift associated with the transition from mythology-as-faith to mythology-as-show. However, even within the latter remains a need for miracles, though, and goes to a completely different level. Conclusions. The term "miracle" has no meaning outside of accepted socio-cultural settings. The last set as the “natural” conditions and admissibility (inadmissibility) of its violation. And these installations are formed by social institutions, which in this age and at this time have a weight sufficient to impose their views to all the congregation or the greater part. Any extraordinary event can be explained by the action of internal agents unknown to us, and their ability to alter the reality is not necessarily superior to even our own capabilities. The only thing we can not do – is to change the source code of being (e.g., fundamental physical constants). This could make only creatures that are not spelled out in these source codes. However, people have not seen anything like it, and scarcely become witnesses of such events. (shrink)

It is commonplace to observe that digital technologies facilitate our access to information on a scale unimaginable in previous eras, leading many to call this the “Information Age.” The vaunted advantages of unprecedented data flow obscure a dark corollary: the more modes of engaging with data are available to a people, the more modes are available for manipulating them. Whether through social media, blogs, email, newspaper headlines, or doctored images and videos, the public is indeed bombarded by information, and much (...) of it is misleading or outright false. Much of it, in fact, is propaganda. As the methods for manipulating mass audiences continue to multiply, a clear understanding of the concept of propaganda has never been more relevant. -/- This Article constructs a precise, novel account of propaganda, incorporating notable scholarly insights into the concept as well as the overlooked lessons of the law’s fragmented efforts to regulate it. To bring this new theoretical framework into focus and demonstrate its importance in the Information Age, the Article connects the underlying theory to contemporary communications practices, many of which are enhanced by the availability of new technology. Notably, in doing so, the Article also develops the first systematic account of political gaslighting, which properly understood (and counterintuitively, perhaps) constitutes a form of propaganda. (shrink)

Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about racial (...) injustice but have usually taken such evidence to warrant reform but not outright abolition. We argue that the racial discrimination at issue flows in significant part from implicit biases concerning race, criminality, and violence, which do not fit comfortably within the picture of racial bias advanced by the courts. The case for abolition, we contend, rests on Black Americans as a class (not merely those who interact with the criminal justice system as capital defendants or as murder victims) being subject to such bias and thereby not being accorded equal status under the law. (shrink)

Summary Background Self-binding directives instruct clinicians to overrule treatment refusal during future severe episodes of illness. These directives are promoted as having potential to increase autonomy for individuals with severe episodic mental illness. Although lived experience is central to their creation, service users’ views on self-binding directives have not been investigated substantially. This study aimed to explore whether reasons for endorsement, ambivalence, or rejection given by service users with bipolar disorder can address concerns regarding self-binding directives, decision-making capacity, and human (...) rights. Methods This study used qualitative data from an internet-based survey distributed to the mailing list of the UK charity Bipolar UK, which contained multiple closed and open questions on advance decision-making in bipolar disorder. Quantitative analysis of a closed question about self-binding directives had already demonstrated endorsement amongst a very high proportion of participants with bipolar disorder who completed the survey. We conducted thematic analysis of responses from those participants who answered a subsequent open question about reasons for their view. Research was co-produced within a multi-disciplinary team, with clinical, legal, and ethical expertise, and lived experience of bipolar disorder. Ideas and methodologies associated with all these areas of expertise were used in the analysis of these reasons and to gain insight into the thoughts of individuals with bipolar disorder about self-binding directives and associated issues. Findings Between Oct 23 and Dec 5, 2017, 932 individuals with a self-reported clinical diagnosis of bipolar disorder completed the internet survey, with 565 (154 men; 400 women; 11 transgender or other) providing free text answers to the open question. A large majority of respondents endorsed self-binding directives, nearly all describing a determinate shift to types of distorted thinking and decision-making when unwell as their key justification. Responses indicating ambivalence were dominated by logistical concerns about the drafting and implementation of self-binding directives, while those who rejected self-binding directives also cited logistical concerns, validity of their thinking when unwell, and potential contravention of human rights. Interpretation This study is, to our knowledge, the first large study of reasons why mental health service users might endorse or reject the use of self-binding directives. The findings provide empirical support for introducing self-binding directives into mental health advance decision-making practice and policy and may help to address enduring ethical concerns surrounding possible implementation of the directive while a person retains decision-making capacity. The opinions expressed here in responses given by multiple service users with bipolar disorder challenge a prominent view within international disability rights debates that involuntary treatment and recognition of impaired mental capacity constitute inherent human rights violations. Funding The Wellcome Trust . (shrink)

Alex Sarch’s recent book, Criminally Ignorant: Why the Law Pretends We Know What We Don’t is a wonderfully rich work.1 Sarch provides and defends an explanatorily powerful theory of criminal culpab...

The access-to-justice movement broadly concerns the extent to which people have the ability to resolve legally actionable problems. To the extent that individuals seek resolution through civil litigation, they can be disadvantaged by their unmet need for legal services, particularly in high-stakes cases and complicated areas of law. In part, this is because legal services and litigation are cost-prohibitive, especially for indigent plaintiffs. As a result, these individuals are priced out of litigation and, by extension, unable to use law to (...) seek justice. I propose an innovative legal intervention to this problem called “compensatory preliminary damages,” which builds from the work of Gideon Parchomovsky and Alex Stein. I argue that preliminary damages should function as compensatory awards for harm to a plaintiff’s ability to access justice, rather than a contingency loan that might make indigent plaintiffs worse off than before if they lose. As compensatory awards, preliminary damages address a defendant’s liability for a plaintiff’s prospective litigation costs that inequitably affect the plaintiff’s ability to access justice. In short, given a suitable connection between the underlying harms of the case and the plaintiff’s resources to meet their legal needs, the litigation costs that plaintiffs must face to litigate should, in some cases, be compensable. To seek such compensation, I propose that plaintiffs would have to plead, among other things, that their alleged injuries have resulted in various barriers to accessing justice, but that the hardship to the plaintiff and the balance of equities favor shifting the cost to access justice onto the defendant. By awarding such damages, courts make plaintiffs whole for harm to their access to justice that is not conditional on a decision after the merits or their final recovery for the injuries alleged. As such, the award would not need to be repaid. -/- . (shrink)

The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics – or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the relationship between national and (...) global justice. Conversely, the theoretical and practical problems posed by intellectual property are increasingly relevant to bioethics and philosophy and public policy, as well as to more established areas of moral and political philosophy. Perhaps this is just to say that the philosophy of intellectual property is coming into its own as a distinct field of intellectual endeavour, providing a place where legal theorists and philosophers can have the sorts of discussions - neither reducible to questions about what the law is, nor wholly divorced from contemporary legal problems - which typify debates about freedom of expression, discrimination and human rights. These are all areas in which legal and philosophical ideas influence each other at the level of method as well as of substance. My hope is that this collection of essays will appeal to those who, whatever their professional specialty or training, share an interest in the philosophy of intellectual property, and that it will build upon and advance existing interdisciplinary dialogue and research in this complex, fascinating, and important area. Authors include John Christman, Stephen Munzer, Alex Rosenberg, Geert Demunijck, Laura Biron, James Wilson . (shrink)

The term ‘coherence’ (and its antonym ‘incoherence’) is used in a bewildering variety of ways in epistemology (and in philosophy more broadly). This entry attempts to bring some discipline to uses of the term by offering a taxonomy of notions of coherence (and incoherence), and then surveying which of the resulting notions is (or should be) at work in the various different contexts in which it is deployed.

Research suggests that interventions involving extensive training or counterconditioning can reduce implicit prejudice and stereotyping, and even susceptibility to stereotype threat. This research is widely cited as providing an “existence proof” that certain entrenched social attitudes are capable of change, but is summarily dismissed—by philosophers, psychologists, and activists alike—as lacking direct, practical import for the broader struggle against prejudice, discrimination, and inequality. Criticisms of these “debiasing” procedures fall into three categories: concerns about empirical efficacy, about practical feasibility, and about the (...) failure to appreciate the underlying structural-institutional nature of discrimination. I reply to these criticisms of debiasing, and argue that a comprehensive strategy for combating prejudice and discrimination should include a central role for training our biases away. (shrink)

The term ‘coherence’ (and its antonym ‘incoherence’) is used in a bewildering variety of ways in epistemology (and in philosophy more broadly). This entry attempts to bring some discipline to uses of the term by offering a taxonomy of notions of coherence (and incoherence), and then surveying which of the resulting notions is (or should be) at work in the various different contexts in which it is deployed.

Recent work on rationality has been increasingly attentive to “coherence requirements”, with heated debates about both the content of such requirements and their normative status (e.g., whether there is necessarily reason to comply with them). Yet there is little to no work on the metanormative status of coherence requirements. Metaphysically: what is it for two or more mental states to be jointly incoherent, such that they are banned by a coherence requirement? In virtue of what are some putative requirements genuine (...) and others not? Epistemologically: how are we to know which of the requirements are genuine and which aren’t? This paper tries to offer an account that answers these questions. On my account, the incoherence of a set of attitudinal mental states is a matter of its being (partially) constitutive of the mental states in question that, for any agent that holds these attitudes jointly, the agent is disposed, when conditions of full transparency are met, to give up at least one of the attitudes. (shrink)

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

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)

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)

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)

In discussions of the emotions, it is commonplace to wheel out examples of people who know that rollercoasters aren’t dangerous but who fear them anyway. Such cases are well known to have been troubling for cognitivists who hold the emotions are judgments or beliefs. But more recently, it has been argued that the very theories that emerged from the failure of cognitivism face trouble as well. One gets the sense that the theory that can accomplish this will win a crucial (...) point over its competitors. In the present paper I offer a new approach to making sense of the normative tension to which recalcitrant emotions give rise. Interestingly, the approach is one that can be adopted by anyone willing to grant that emotions are themselves governed by norms. (shrink)

In her black and white room, Mary doesn’t know what it is like to see red. Only after undergoing an experience as of something red and hence acquainting herself with red can Mary learn what it is like. But learning what it is like to see red requires more than simply becoming acquainted with it. To be acquainted with something is to know it, but such knowledge, as we argue, is object-knowledge rather than propositional-knowledge. To know what it is like (...) one must know an appropriate propositional answer to the question ‘what is it like?’. Despite this mismatch between object-knowledge and knowing an answer, we believe that acquaintance is crucial to Mary’s epistemic progress. When Mary leaves her black and white room, her new knowledge tempts one to think that she must come to know a candidate answer (a coarse-grained fact) that she didn’t know in her room. Since Mary already knows all the physical facts in her room, any additional facts she might learn appear to threaten physicalism. In reply, many physicalists have been attracted to the phenomenal concept strategy according to which Mary can come to have new knowledge and hence know a new answer to the question ‘what is it like to see red?’ by entertaining a coarse-grained fact under a concept she didn’t possess in her room – Mary learns a new fine-grained fact. We believe both of these accounts of Mary’s epistemic progress are mistaken. As we argue, Mary could know every fact (coarse-grained and fine-grained) that might serve as an answer to the question ‘what is it like to see red?’ and still not know what it is like. The physical world leaves no leftover coarse-grained facts for Mary to learn and because concepts are sharable, easy to possess, and easy to introduce, there are possible situations in which Mary, while in her black and white room, has every concept that might make a fine-grained difference. In short, even when Mary is granted a great deal of factual knowledge and vast conceptual resources, she may still not know an appropriate answer to the question ‘what is it like to see red?’. But in any such situation, Mary lacks acquaintance with red and on this basis we argue that in order to know what it is like, in order for Mary to know an appropriate answer, Mary’s propositional knowledge must be appropriately related to her acquaintance with red. (shrink)

“Avowals” are utterances that “ascribe [current] states of mind”; for instance utterances of ‘I have a terrible headache’ and ‘I’m finding this painting utterly puzzling’ (Bar-On 2004: 1). And avowals, “when compared to ordinary empirical reports…appear to enjoy distinctive security” (1), which Bar-On elaborates as follows: A subject who avows being tired, or scared of something, or thinking that p, is normally presumed to have the last word on the relevant matters; we would not presume to criticize her self-ascription or (...) to reject it on the basis of our contrary judgement. Furthermore, unlike ordinary empirical reports, and somewhat like apriori statements, avowals are issued with a very high degree of confidence and are not easily subjected to doubt. (3) The project of this ambitious, original, and challenging book is to explain why avowals have this distinctive security. Bar-On’s guiding idea is that avowals “can be seen as pieces of expressive behavior, similar in certain ways to bits of behavior that naturally express subjects’ states” (227). Crying and moaning are natural expressions of pain, yawning is a natural expression of tiredness, reaching for beer is a natural expression of the desire for beer, and so on. In some important sense, avowals are supposed to be like that. In what sense, though? It will be useful to begin with the simplest answer. (shrink)

Many believe that we ought to save a large number from being permanently bedridden rather than save one from death. Many also believe that we ought to save one from death rather than a multitude from a very minor harm, no matter how large this multitude. I argue that a principle I call “Aggregate Relevant Claims” satisfactorily explains these judgments. I offer a rationale for this principle and defend it against objections.

I begin the paper by outlining one classic argument for the guise of the good: that we must think that desires represent their objects favourably in order to explain why they can make actions rational (Quinn 1995; Stampe 1987). But what exactly is the conclusion of this argument? Many have recently formulated the guise of the good as the view that desires are akin to perceptual appearances of the good (Oddie 2005; Stampe 1987; Tenenbaum 2007). But I argue that this (...) view fails to capitalize on the above argument, and that the argument is better understood as favouring a view on which desires are belief-like states. I finish by addressing some countervailing claims made by Avery Archer (2016). (shrink)

It's sometimes thought that context-invariant linguistic meaning must be a character (a function from context types to contents) i.e. that linguistic meaning must determine how the content of an expression is fixed in context. This is thought because if context-invariant linguistic meaning were not a character then communication would not be possible. In this paper, I explain how communication could proceed even if context-invariant linguistic meaning were not a character.

Are women (simply) adult human females? Dictionaries suggest that they are. However, philosophers who have explicitly considered the question invariably answer no. This paper argues that they are wrong. The orthodox view is that the category *woman* is a social category, like the categories *widow* and *police officer*, although exactly what this social category consists in is a matter of considerable disagreement. In any event, orthodoxy has it that *woman* is definitely not a biological category, like the categories *amphibian* or (...) *adult human female*. -/- In the first part, a number of arguments are given for the view that women are adult human females; the second part turns to rebutting the main objections. Finally, a couple of morals are briefly noted: one for activist sloganeering, and one for ameliorative projects that seek to change the meaning of ‘woman’. (shrink)

Should we understand implicit attitudes on the model of belief? I argue that implicit attitudes are (probably) members of a different psychological kind altogether, because they seem to be insensitive to the logical form of an agent’s thoughts and perceptions. A state is sensitive to logical form only if it is sensitive to the logical constituents of the content of other states (e.g., operators like negation and conditional). I explain sensitivity to logical form and argue that it is a necessary (...) condition for belief. I appeal to two areas of research that seem to show that implicit attitudes fail spectacularly to satisfy this condition—although persistent gaps in the empirical literature leave matters inconclusive. I sketch an alternative account, according to which implicit attitudes are sensitive merely to spatiotemporal relations in thought and perception, i.e., the spatial and temporal orders in which people think, see, or hear things. (shrink)

When one faces competing claims of varying strength on public resources for health, which claims count? This paper proposes the following answer. One should count, or aggregate, a person’s claim just in case one could sympathize with her desire to prioritize her own claim over the strongest competing claim. It argues that this principle yields appealing case judgments and has a plausible grounding in both sympathetic identification with each person, taken separately, and respect for the person for whom most is (...) at stake. It also defends this principle against several heretofore unanswered objections. (shrink)

The view that moods are dispositions has recently fallen into disrepute. In this paper we want to revitalise it by providing a new argument for it and by disarming an important objection against it. A shared assumption of our competitors (intentionalists about moods) is that moods are “diffuse”. First, we will provide reasons for thinking that existing intentionalist views do not in fact capture this distinctive feature of moods that distinguishes them from emotions. Second, we offer a dispositionalist alternative that (...) we think does better. Finally, we disarm the objection that is responsible for dispositionalism’s bad press. (shrink)

This paper elaborates and defends a familiar ‘transparent’ account of knowledge of one's own beliefs, inspired by some remarks of Gareth Evans, and makes a case that the account can be extended to mental states in general, in particular to knowledge of one's intentions.

This paper offers a positive account of an important but under-explored class of mental states, non-propositional attitudes such as loving one’s department, liking lattice structures, fearing Freddy Krueger, and hating Sherlock Holmes. In broadest terms, the view reached is a representationalist account guided by two puzzles. The proposal allows one to say in an elegant way what differentiates a propositional attitude from an attitude merely about a proposition. The proposal also allows one to offer a unified account of the non-propositional (...) attitudes that captures both empty and non-empty cases by properly locating the posited representations in the metaphysical structure of the attitudes. (shrink)

At the heart of John Broome’s research program in the philosophy of normativity is a distinction between reasons, on one hand, and requirements of rationality, on the other. I am a friend of Broome’s view that this distinction is deep and important, and that neither notion can be analyzed in terms of the other. However, I also think there are major challenges that this view is yet to meet. In the first part of the paper, I’ll raise four such challenges, (...) and programmatically indicate how I think such challenges might be headed off. In the second part of the paper, I’ll discuss a third normative notion that Broome is interested in: that of (rules of) correct reasoning. On Broome’s view, correct reasoning is closely tied to requirements of rationality. More particularly, every rule of correct reasoning corresponds to a “basing permission”, which states that it’s rationally permissible to base one attitude on one or more other attitudes. I’ll argue that this proposal can’t be made to work. If I’m right, this suggests that the same kind of pulling-apart that Broome has effected so persuasively with respect to reasons and requirements of rationality needs to be effected again to separate rules of correct reasoning from both of those other categories. (shrink)

Many philosophers and psychologists have attempted to elucidate the nature of mental representation by appealing to notions like isomorphism or abstract structural resemblance. The ‘structural representations’ that these theorists champion are said to count as representations by virtue of functioning as internal models of distal systems. In his 2007 book, Representation Reconsidered, William Ramsey endorses the structural conception of mental representation, but uses it to develop a novel argument against representationalism, the widespread view that cognition essentially involves the manipulation of (...) mental representations. Ramsey argues that although theories within the ‘classical’ tradition of cognitive science once posited structural representations, these theories are being superseded by newer theories, within the tradition of connectionism and cognitive neuroscience, which rarely if ever appeal to structural representations. Instead, these theories seem to be explaining cognition by invoking so-called ‘receptor representations’, which, Ramsey claims, aren’t genuine representations at all—despite being called representations, these mechanisms function more as triggers or causal relays than as genuine stand-ins for distal systems. I argue that when the notions of structural and receptor representation are properly explicated, there turns out to be no distinction between them. There only appears to be a distinction between receptor and structural representations because the latter are tacitly conflated with the ‘mental models’ ostensibly involved in offline cognitive processes such as episodic memory and mental imagery. While structural representations might count as genuine representations, they aren’t distinctively mental representations, for they can be found in all sorts of non-intentional systems such as plants. Thus to explain the kinds of offline cognitive capacities that have motivated talk of mental models, we must develop richer conceptions of mental representation than those provided by the notions of structural and receptor representation. (shrink)

According to orthodoxy, perceptual beliefs are caused by perceptual experiences. The paper argues that this view makes it impossible to explain how experiences can be epistemically significant. A rival account, on which experiences in the “good case” are ways of knowing, is set out and defended.

Many epistemologists call themselves ‘fallibilists’. But many philosophers of language hold that the meaning of epistemic usages of ‘possible’ ensures a close knowledge- possibility link : a subject’s utterance of ‘it’s possible that not-p’ is true only if the subject does not know that p. This seems to suggest that whatever the core insight behind fallibilism is, it can’t be that a subject could have knowledge which is, for them, possibly false. I argue that, on the contrary, subjects can have (...) such possibly false knowledge. My ultimate aim, then, is to vindicate a very robust form of fallibilism. Uniquely, however, the account I offer does this while also allowing that concessive knowledge attributions – sentences of the form “I know that p, but it’s possible that not-p” – are not only infelicitous but actually false whenever uttered. The account predicts this result without conceding KPL. I argue that my account has the resources to explain some related cases for which the KPL account yields the wrong predictions. Taken as a whole, the linguistic data not only do not support the proposal that subjects cannot have possibly false knowledge, but indeed positively favor the proposal that they can. (shrink)

This paper develops an account of the meaning of `ought', and the distinction between weak necessity modals (`ought', `should') and strong necessity modals (`must', `have to'). I argue that there is nothing specially ``strong'' about strong necessity modals per se: uses of `Must p' predicate the (deontic/epistemic/etc.) necessity of the prejacent p of the actual world (evaluation world). The apparent ``weakness'' of weak necessity modals derives from their bracketing whether the necessity of the prejacent is verified in the actual world. (...) `Ought p' can be accepted without needing to settle that the relevant considerations (norms, expectations, etc.) that actually apply verify the necessity of p. I call the basic account a modal-past approach to the weak/strong necessity modal distinction (for reasons that become evident). Several ways of implementing the approach in the formal semantics/pragmatics are critically examined. The account systematizes a wide range of linguistic phenomena: it generalizes across flavors of modality; it elucidates a special role that weak necessity modals play in discourse and planning; it captures contrasting logical, expressive, and illocutionary properties of weak and strong necessity modals; and it sheds light on how a notion of `ought' is often expressed in other languages. These phenomena have resisted systematic explanation. In closing I briefly consider how linguistic inquiry into differences among necessity modals may improve theorizing on broader philosophical issues. (shrink)