I show that the Pinkerton rule in conspiracy law is doctrinally and morally flawed. Unlike past critics of the rule, I propose a statutory fix that preserves and reforms it rather than abolishing it entirely. As I will show, this accommodates authors like Neil Katyal who have defended the rule as an important crime fighting tool while also fixing most of the traditional problems with it identified by critics like Wayne LaFave. Pinkerton is a vicarious liability rule that makes conspirators (...) criminally responsible for the foreseeable crimes of their coconspirators committed in furtherance of the conspiracy. It has two big problems: (1) Doctrinally, it breaks the logic of the many state criminal codes that are based on the Model Penal Code. (2) Ethically, it infringes the culpability constraint on the criminal law by imposing excessive punishments on defendants who did not even consciously suspect that their coconspirators would commit additional crimes that were not the object of the conspiracy. These problems are most acute in Texas, where Pinkerton can be combined with capital murder charges to produce automatic life without parole sentences. The Texas example is an extreme illustration of the problem of unintended consequences when state legislators tinker with the carefully drafted, interlocking provisions of a model code. The new statute I propose would put the penal code back in order and respect the culpability constraint. In the latter aspect, it is informed by leading work in philosophical ethics on blameworthiness and culpability. (shrink)

The guilt left by immoral actions is why moral duties are more pressing and serious than other reasons like prudential considerations. Religions talk of sin and karma; the secular still speak of spots or stains. I argue that a moral staining view of guilt is in fact the best model. It accounts for guilt's reflexive character and for anxious, scrupulous worries about whether one has transgressed. To understand moral staining, I borrow Christine Korsgaard's view that we construct our identities as (...) agents through our actions. The contribution of immoral actions to self-constitution explains why moral obligations have priority and importance. (shrink)

Today, there is a family of celebrated police strategies that teach the importance of cracking down on petty crime and urban nuisance as the key to effective crime control. Under the “broken windows” appellation, this strategy is linked in the public mind with New York City and the alleged successes of its police department in reducing the rate of crime over the past two decades. This paper is critical of such order maintenance approaches to policing: I argue that infringements of (...) civil liberty by such departments could be reduced if the departments looked at law more as a good to be served for its own sake and less as an instrument for the promotion of order. In other words, a shot of legalism is the correct medicine to reduce police misconduct that pierces the law’s protections of citizen freedom. -/- This Article contributes to the critical literature on broken windows policing by reassessing the work of the famous Harvard scholar (James Q. Wilson) who fathered it. The Article takes Wilson’s work and turns it on its head, drawing very different prescriptive conclusions than he did himself. (shrink)

Plea bargains are the stock-in-trade of the modern American prosecutor’s office. The basic scenario, wherein a defendant agrees to plea guilty in exchange for a reduced sentence, is familiar to viewers of police procedurals. In an equally famous variation on the theme, the prosecutor requests something more than an admission of guilt: leniency will only be forthcoming if the defendant is willing to cooperate with the prosecutor in securing the conviction of another suspect. In some of these cases, the defendant (...) is a low-level criminal who has information on a high-level malefactor who is of more interest to the police. In others, the defendant and the person she is asked to testify against are of the same criminal rank, but evidentiary weaknesses induce the prosecutor to seek the aid of one suspect in order to convict the other. In this latter version, the classic tactic of film detectives is to offer the bargain to both defendants in the hopes that one will crack and agree to reveal what he knows about the other. The defendants could either be in custody for different crimes or be accomplices in the same offense. -/- The last variation (involving accomplices) is the subject of this Article. I take issue with the prosecutorial tactics in these cases because of the risk they create of punishing the comparatively virtuous person more than the comparatively vicious one for the same acts. As I will argue, it is the less honest person who is more likely to accept the prosecutor’s deal, leading the more honest person, who resisted temptation, to suffer greater penalties. -/- I contend that this scenario offends distributive justice, runs counter to the idea (accepted by some) that a proper goal of the state is the cultivation of good character in the citizenry, and is perverse insofar as a person will suffer more from the prosecutor's dilemma insofar as she is more or less a person of conscience. These negative considerations notwithstanding, I do not call for the abolition of accomplice plea bargaining but argue that the problems I raise should be considered when weighing its pros and cons. -/- This article was published in the company of a strong critical response by Guha Krishnamurthi, whose contribution I greatly appreciate. (shrink)

Mistakes are a fact of life, and the criminal law is sadly no exception to the rule. Wrongful convictions are rightfully abhorred, and false acquittals can likewise inspire outrage. In these cases, we implicitly draw a distinction between a court’s finding and a defendant’s actual guilt or innocence. These are intuitive concepts, but as this paper aims to show, contemporary use of the reasonable person standard in the law of self-defense muddles them. -/- Ordinarily, we can distinguish between a person's (...) material guilt or innocence and his juridical guilt or innocence. Someone is materially guilty if his actions in fact matched the conduct proscribed by the penal law. Someone is juridically guilty if he is found guilty by a tribunal, i.e., convicted by a judge or jury. When a tribunal convicts a innocent person or acquits a guilty person, the accuracy of its verdicts can be criticized. -/- There are three definitions of the reasonable person extant amongst courts and commentators: the reasonable person is either (1) a hypothetical ordinary, average person; (2) the embodiment of a community ideal; or (3) an embodiment of an objective ethical standard, i.e., ethical principles independent of community opinion. Nonetheless, after observing the circularity, vagueness, and lack of consistency in the definitions, wise courts and commentators have sometimes resorted to identifying the reasonable person with the judgment of the jury. -/- This piece argues that failure to settle on a fixed definition of the "reasonable person" in the criminal law of self-defense effectively conflates material guilt and innocence and juridical guilt and innocence at the doctrinal level. When courts do not clearly and consistently choose between standards one, two, and three, or when they expressly treat the reasonable person as a form of words standing in for the judgment of the jury, they make it conceptually impossible for observers outside the court system to apply a fixed, definite standard to assess the actual guilt of a person apart from the judgments of tribunals. -/- This paper's main purpose is to identify a conceptual knot rather than propose reforms. Still, it recommends two small changes meant to lift the confusion surrounding the reasonable person. First, it urges that courts expressly settle on one of the three definitions canvassed above. Second, it recommends that courts be mindful of the nature of the reasonable person standard and as such, be wary of treating conclusions about reasonableness as ordinary legal precedents, and wield the power of directed verdict aggressively to protect unpopular defendants from abuse by juries. (shrink)

One proposed way of preserving the link between criminal negligence and blameworthiness is to define criminal negligence in moral terms. On this view, a person can be held criminally responsible for a negligent act if her negligence reflects a deficit of moral concern. Some theorists are convinced that this definition restores the link between negligence and blameworthiness, while others insist that criminal negligence remains suspect. This article contributes to the discussion by applying the work of ethicist Nomy Arpaly to criminal (...) negligence. Although not interested in legal issues herself, Arpaly has a well-developed theory of moral agency that explains moral concern in terms of responsiveness to moral reasons. Introducing her work to the ongoing scholarly debate will be helpful for two reasons. First, while a definition of negligence in terms of moral concern is recognized as one proposed solution to the negligence–blameworthiness problem, authors promoting it have yet to give a systematic account of moral concern and its relation to blame. Borrowing Arpaly's account will help clarify the idea of moral concern so that both proponents and critics of a concern approach to negligence can have a better-defined debate. Second, her theory of blameworthiness is especially suited to defending the blameworthiness of negligent actions, because it does not have recourse to a special quality of choice or self-control that must be active to render conduct blameworthy. To make this second advantage clear, the article argues that reliance on choice or self-control problematizes blameworthiness for negligence. Those who wish to defend blameworthiness for negligent acts should base their work on an account of moral agency that does not rely on either choice or self-control to explain when an action is blameworthy. (shrink)

Recently, some have attempted to reformulate debates in first-order metaphysics, particularly in the metaphysics of time and modality, for reasons due to Williamson. In this paper, we focus on the ways in which the likes of Cameron, Correia and Rosenkranz, Deasy, Ingram, Tallant, Viebahn, inter alia, have initiated and responded to attempts to capture the core of presentism using a formal, logical machinery. We argue that such attempts are doomed to fail because there is no theoretical core to presentism. (...) There is no single view or family of views that is presentism. (shrink)

Most philosophers who discuss the value of forgiveness concentrate on its moral value. This paper focuses on the prudential value of forgiveness, which has been surprisingly neglected by moral philosophers. I suggest that this may be because part of the concept of forgiveness involves the forgiver being motivated by moral rather than prudential considerations. But this does not justify neglecting the prudential value of forgiveness, which is important even though forgivers should not be prudentially motivated. Forgiveness helps satisfy interests arising (...) from the need for co-operation in such areas as epistemic life, where humans are interdependent. Forgiveness can restore epistemic relationships, and this has the prudential value of helping agents navigate their way through their environment. While the prudential value of forgiveness may be supplementary to its moral value, it would be a mistake to ignore this area of the debate. Exploring the prudential value of forgiveness enriches our understanding of the role that this practice plays in human life, and may contribute to explaining the origin of forgiveness. (shrink)

In this paper, we defend Lucretian Presentism. Although the view faces many objections and has proven unpopular with presentists, we rehabilitate Lucretianism and argue that none of the objections stick.

Presentists face a familiar problem. If only present objects exist, then what 'makes true' our true claims about the past? According to Ross Cameron, the 'truth-makers' for past and future tensed propositions are presently instantiated Temporal Distributional Properties. We present an argument against Cameron's view. There are two ways that we might understand the term 'distribute' as it appears. On one reading, the resulting properties are not up to the task of playing the truth-maker role; on the other, the properties (...) are incompatible with presentism. (shrink)

Ross Cameron proposes to reconcile presentism and truth-maker theory by invoking temporal distributional properties, instantiated by present entities, as the truth-makers for truths about the past. This chapter argues that Cameron's proposal fails because objects can change which temporal distributional properties they instantiate and this entails that the truth-values of truths about the past can change in an objectionable way.

Against a view currently popular in the literature, it is argued that Kant was not a niıve realist about perceptual experience. Naive realism entails that perceptual experience is object-dependent in a very strong sense. In the first half of the paper, I explain what this claim amounts to and I undermine the evidence that has been marshalled in support of attributing it to Kant. In the second half of the paper, I explore in some detail Kant’s account of hallucination and (...) argue that no such account is available to someone who thinks that veridical perceptual experience is object-dependent in the naive realist sense. Kant’s theory provides for a remarkably sophisticated, bottom-up explanation of the phenomenal character of hallucinatory episodes and is crucial for gaining a proper understanding of his model of the mind and its place in nature. (shrink)

Is a human more conscious than an octopus? In the science of consciousness, it’s oftentimes assumed that some creatures (or mental states) are more conscious than others. But in recent years, a number of philosophers have argued that the notion of degrees of consciousness is conceptually confused. This paper (1) argues that the most prominent objections to degrees of consciousness are unsustainable, (2) examines the semantics of ‘more conscious than’ expressions, (3) develops an analysis of what it is for a (...) degreed property to count as degrees of consciousness, and (4) applies the analysis to various theories of consciousness. I argue that whether consciousness comes in degrees ultimately depends on which theory of consciousness turns out to be correct. But I also argue that most theories of consciousness entail that consciousness comes in degrees. (shrink)

A list of resources for virtue theories of argumentation. Last updated October 31st, 2023.

This paper develops a theory of analog representation. We first argue that the mark of the analog is to be found in the nature of a representational system’s interpretation function, rather than in its vehicles or contents alone. We then develop the rulebound structure theory of analog representation, according to which analog systems are those that use interpretive rules to map syntactic structural features onto semantic structural features. The theory involves three degree-theoretic measures that capture three independent ways in which (...) a system can be more or less analog. We explain how our theory improves upon prior accounts of analog representation, provides plausible diagnoses for novel challenge cases, extends to hybrid systems that are partially analog and partially symbolic, and accounts for some of the advantages and disadvantages of representing analogically versus symbolically. (shrink)

This paper empirically investigates one aspect of the folk concept of time by testing how the presence or absence of directedness impacts judgements about whether there is time in a world. Experiment 1 found that dynamists, showed significantly higher levels of agreement that there is time in dynamically directed worlds than in non-dynamical non-directed worlds. Comparing our results to those we describe in Latham et al., we report that while ~ 70% of dynamists say there is time in B-theory worlds, (...) only ~ 45% say there is time in C-theory worlds. Thus, while the presence of directedness makes dynamists more inclined to say there is time in a world, a substantial subpopulation of dynamists judge that there is time in non-directed worlds. By contrast, a majority of non-dynamists judged that there was time in both growing block worlds and C-theory worlds, with no significant differences between the means. Experiment 2 found that when participants are only presented with non-dynamical worlds—namely, a directed world and a non-directed world—they report significantly higher levels of agreement that there is time in B-theory worlds. However, the majority of participants still judge that there is time in C-theory worlds. We conclude that while the presence of directedness bolsters judgements that there is time, most people do not judge it to be necessary for time. (shrink)

This essay considers Kant’s theory of modality in light of a debate in contemporary modal metaphysics and modal logic concerning the Barcan formulas. The comparison provides a new and fruitful perspective on Kant’s complex and sometimes confusing claims about possibility and necessity. Two central Kantian principles provide the starting point for the comparison: that the possible must be grounded in the actual and that existence is not a real predicate. Both are shown to be intimately connected to the Barcan formulas, (...) and Kant’s views on what he distinguishes as three different kinds of modality are then considered in light of this connection. (shrink)

Empirical work has lately confirmed what many philosophers have taken to be true: people are ‘biased toward the future’. All else being equal, we usually prefer to have positive experiences in the future, and negative experiences in the past. According to one hypothesis, the temporal metaphysics hypothesis, future-bias is explained either by our beliefs about temporal metaphysics—the temporal belief hypothesis—or alternatively by our temporal phenomenology—the temporal phenomenology hypothesis. We empirically investigate a particular version of the temporal belief hypothesis according to (...) which future-bias is explained by the belief that time robustly passes. Our results do not match the apparent predictions of this hypothesis, and so provide evidence against it. But we also find that people give more future-biased responses when asked to simulate a belief in robust passage. We take this to suggest that the phenomenology that attends simulation of that belief may be partially responsible for future-bias, and we examine the implications of these results for debates about the rationality of future-bias. (shrink)

The traditional view of evidence in mathematics is that evidence is just proof and proof is just derivation. There are good reasons for thinking that this view should be rejected: it misrepresents both historical and current mathematical practice. Nonetheless, evidence, proof, and derivation are closely intertwined. This paper seeks to tease these concepts apart. It emphasizes the role of argumentation as a context shared by evidence, proofs, and derivations. The utility of argumentation theory, in general, and argumentation schemes, in particular, (...) as a methodology for the study of mathematical practice is thereby demonstrated. Argumentation schemes represent an almost untapped resource for mathematics education. Notably, they provide a consistent treatment of rigorous and non-rigorous argumentation, thereby working to exhibit the continuity of reasoning in mathematics with reasoning in other areas. Moreover, since argumentation schemes are a comparatively mature methodology, there is a substantial body of existing work to draw upon, including some increasingly sophisticated software tools. Such tools have significant potential for the analysis and evaluation of mathematical argumentation. The first four sections of the paper address the relationships of evidence to proof, proof to derivation, argument to proof, and argument to evidence, respectively. The final section directly addresses some of the educational implications of an argumentation scheme account of mathematical reasoning. (shrink)

This paper argues that underlying social biases are able to affect the processes underlying linguistic interpretation. The result is a series of harms systematically inflicted on marginalised speakers. It is also argued that the role of biases and stereotypes in interpretation complicates Miranda Fricker's proposed solution to epistemic injustice.

The usual way of discussing normativity and naturalism is by running through a standard range of issues: the relations of fact and value, objectivity, reason and emotion, is and ought, and the so-called ‘naturalistic fallacy’. This is a naturalism that is virtually silent on nature. I outline an alternative approach that relates normativity to our nature as living beings, for whom specific things are good or bad for us. Our nature as evaluative beings is shown to be rooted in and (...) emergent from this biological normativity. There is also significant downward causation, such that our brain-bodies are continually modified by our experience and thoughts. Cultures, as emergent from the affordances of our brain-bodies, create further extensive, irreducible sources of normativity, albeit ones which do not wholly escape biological normativity and can impact back on it. (shrink)

Deflationists hold that it does not seem to us, in experience, as though time robustly passes. There is some recent empirical evidence that appears to support this contention. Equally, empirical evidence suggests that we naïvely represent time as dynamical. Thus deflationists are faced with an explanatory burden. If, as they maintain, the world seems to us in experience as though it is non-dynamical, then why do we represent time as dynamical? This paper takes up the challenge of investigating, on the (...) part of the deflationist, one candidate explanation. We hypothesise that people’s belief that the future is what we call deliberatively open partly explains why they represent time as dynamical. In a series of two experiments we test this hypothesis. We find no evidence that beliefs about deliberative openness explain why people represent time as dynamical. Hence there remains an explanatory burden for the deflationist to discharge. (shrink)

This paper examines the idea of "objective phenomenology," or a way of understanding the phenomenal character of conscious experiences that doesn’t require one to have had the kinds of experiences under consideration. My central thesis is that structural facts about experience—facts that characterize purely how conscious experiences are structured—are objective phenomenal facts. I begin by precisifying the idea of objective phenomenology and diagnosing what makes any given phenomenal fact subjective. Then I defend the view that structural facts about experience are (...) objective. I also argue that structural facts about experience, despite being objective, nevertheless still give rise to an explanatory gap. (shrink)

Conscious experiences are characterized by mental qualities, such as those involved in seeing red, feeling pain, or smelling cinnamon. The standard framework for modeling mental qualities represents them via points in geometrical spaces, where distances between points inversely correspond to degrees of phenomenal similarity. This paper argues that the standard framework is structurally inadequate and develops a new framework that is more powerful and flexible. The core problem for the standard framework is that it cannot capture precision structure: for example, (...) consider the phenomenal contrast between seeing an object as crimson in foveal vision versus merely as red in peripheral vision. The solution I favor is to model mental qualities using regions, rather than points. I explain how this seemingly simple formal innovation not only provides a natural way of modeling precision, but also yields a variety of further theoretical fruits: it enables us to formulate novel hypotheses about the space and structures of mental qualities, formally differentiate two dimensions of phenomenal similarity, generate a quantitative model of the phenomenal sorites, and define a measure of discriminatory grain. A noteworthy consequence is that the structure of the mental qualities of conscious experiences is fundamentally different from the structure of the perceptible qualities of external objects. (shrink)

Both Philip and Andrew are philosophy students whose interests converge around the philosophy of technology broadly understood. Philip's interest is specifically aimed toward the ethics of Transhumanism and depictions of Transhumanism in works of fiction. On the other hand, Andrew finds himself more focused on religious behavior in the technological world. While the two perspectives might not seem that close, there is certain to be an overlap in Andrew and Philip's shared understanding of how technological phenomena play (...) a crucial role concerning religion and society. (shrink)

Some philosophers think that life is worth living not merely because of the goods and the bads within it, but also because life itself is good. I explain how this idea can be formalized by associating each version of such of a view with a function from length of life to the value generated by life itself. Then I argue that every version of the view that life itself is good faces some version of the following dilemma: either (1) good (...) human lives are worse than very long lives wholly devoid of pleasure, desire-satisfaction, knowledge, or any other goods, or (2) very short lives containing nothing but suffering are worth living. Since neither result is plausible, we ought to reject the view that life itself is good. On the view I favor, any given life may be worth living because of the goods that it contains, but life itself is neutral. (shrink)

In their account of theory change in logic, Aberdein and Read distinguish 'glorious' from 'inglorious' revolutions--only the former preserves all 'the key components of a theory' [1]. A widespread view, expressed in these terms, is that empirical science characteristically exhibits inglorious revolutions but that revolutions in mathematics are at most glorious [2]. Here are three possible responses: 0. Accept that empirical science and mathematics are methodologically discontinuous; 1. Argue that mathematics can exhibit inglorious revolutions; 2. Deny that inglorious revolutions are (...) characteristic of science. Where Aberdein and Read take option 1, option 2 is preferred by Mizrahi [3]. This paper seeks to resolve this disagreement through consideration of some putative mathematical revolutions. [1] Andrew Aberdein and Stephen Read, The philosophy of alternative logics, The Development of Modern Logic (Leila Haaparanta, ed.), Oxford University Press, Oxford, 2009, pp. 613-723. [2] Donald Gillies (ed.), Revolutions in Mathematics, Oxford University Press, Oxford, 1992. [3] Moti Mizrahi, Kuhn's incommensurability thesis: What's the argument?, Social Epistemology 29 (2015), no. 4, 361-378. (shrink)

Many of those working on moral responsibility assume that "once blameworthy, always blameworthy." They believe that blameworthiness is like diamonds: it is forever. We argue that blameworthiness is not forever; rather, it can diminish through time. We begin by showing that the view that blameworthiness is forever is best understood as the claim that personal identity is sufficient for diachronic blameworthiness. We argue that this view should be rejected because it entails that blameworthiness for past action is completely divorced from (...) the distinctive psychological features of the person at the later time. This is because on none of the leading accounts of personal identity does identity require the preservation of any distinctive psychological features, but merely requires some form of continuity. The claim that blameworthiness is forever should therefore be rejected. We then sketch an account of blameworthiness over time, and consider two objections. (shrink)

In this paper we argue that knowledge is characteristically safe true belief. We argue that an adequate approach to epistemic luck must not be indexed to methods of belief formation, but rather to explanations for belief. This shift is problematic for several prominent approaches to the theory of knowledge, including virtue reliabilism and proper functionalism (as normally conceived). The view that knowledge is characteristically safe true belief is better able to accommodate the shift in question.

I discuss whether "sentience" (i.e., phenomenal consciousness) comes in degrees.

It has widely been assumed, by philosophers, that most people unambiguously have a phenomenology as of time passing, and that this is a datum that philosophical theories must accommodate. Moreover, it has been assumed that the greater the extent to which people have said phenomenology, the more likely they are to endorse a dynamical theory of time. This paper is the first to empirically test these assumptions. Surprisingly, our results do not support either assumption. One experiment instead found the reverse (...) correlation: people were more likely to report having passage phenomenology if they endorsed a non-dynamical theory of time. Given that people do not have an unambiguous phenomenology as of time passing, we conclude that this is suggestive evidence in favor of veridical non-dynamism—the view that our phenomenology is veridical, and that it does not unambiguously represent that time passes. Instead, our phenomenology veridically has some quite different content. (shrink)

People are ‘biased toward the future’: all else being equal, we typically prefer to have positive experiences in the future, and negative experiences in the past. Several explanations have been suggested for this pattern of preferences. Adjudicating among these explanations can, among other things, shed light on the rationality of future-bias: For instance, if our preferences are explained by unjustified beliefs or an illusory phenomenology, we might conclude that they are irrational. This paper investigates one hypothesis, according to which future-bias (...) is explained by our having a phenomenology that we describe, or conceive of, as being as of time robustly passing. We empirically tested this hypothesis and found no evidence in its favour. Our results present a puzzle, however, when compared with the results of an earlier study. We conclude that although robust passage phenomenology on its own probably does not explain future-bias, having this phenomenology and taking it to be veridical may contribute to future-bias. (shrink)

Recent research (Latham, Miller and Norton, forthcoming) reveals that a majority of people represent actual time as dynamical. But do they, as suggested by McTaggart and Gödel, represent time as essentially dynamical? This paper distinguishes three interrelated questions. We ask (a) whether the folk representation of time is sensitive or insensitive: i.e., does what satisfies the folk representation of time in counterfactual worlds depend on what satisfies it actually—sensitive—or does is not depend on what satisfies it actually—insensitive, and (b) do (...) those who represent actual time as dynamical, represent time in all possible worlds as dynamical—what we call insensitive dynamism—or do they represent time in all possible worlds as dynamical only conditional on the actual world in fact being dynamical—what we call sensitive dynamism and (c) do dynamists and non-dynamists deploy two different representations of time, or deploy the same representation, but disagree about what actually satisfies that representation? We found no evidence that the folk representation of time is sensitive, or that the folk representation of time is essentially dynamical in either sense, though we did find evidence of a shared representation, on which dynamical features are sufficient, but not necessary, for time. (shrink)

I intend to bring recent work applying virtue theory to the study of argument to bear on a much older problem, that of disagreements that resist rational resolution, sometimes termed "deep disagreements". Just as some virtue epistemologists have lately shifted focus onto epistemic vices, I shall argue that a renewed focus on the vices of argument can help to illuminate deep disagreements. In particular, I address the role of arrogance, both as a factor in the diagnosis of deep disagreements and (...) as an obstacle to their mutually acceptable resolution. Arrogant arguers are likely to make any disagreements to which they are party seem deeper than they really are and arrogance impedes the strategies that we might adopt to resolve deep disagreements. As a case in point, since arrogant or otherwise vicious arguers cannot be trusted not to exploit such strategies for untoward ends, any policy for deep disagreement amelioration must require particularly close attention to the vices of argument, lest they be exploited by the unscrupulous. (shrink)

This paper looks at the nature of normal-proper functions and the role they play in theories of representational content. More specifically: I lay down two desiderata for a theory which tries to capture what's distinctive of normal-proper functions and discuss two prominent theories which claim to satisfy them. I discuss the advantages of having normal-proper functions ground a theory of representational content. And, I look at both orthodox and heterodox versions of such theories.

Empirical evidence shows that people have multiple time-biases. One is near-bias; another is future-bias. Philosophical theorising about these biases often proceeds on two assumptions. First, that the two biases are _independent_: that they are explained by different factors (the independence assumption). Second, that there is a normative asymmetry between the two biases: one is rationally impermissible (near-bias) and the other rationally permissible (future-bias). The former assumption at least partly feeds into the latter: if the two biases were not explained by (...) different factors, then it would be less plausible that their normative statuses differ. This paper investigates the independence assumption and finds it unwarranted. In light of this, we argue, there is reason to question the normative asymmetry assumption. (shrink)

Most elpistologists now agree that hope for a specific outcome involves more than just desire plus the presupposition that the outcome is possible. This paper argues that the additional element of hope is a disposition to focus on the desired outcome in a certain way. I first survey the debate about the nature of hope in the recent literature, offer objections to some important competing accounts, and describe and defend the view that hope involves a kind of focus or attention. (...) I then suggest that this account makes sense of the intuitive thought that there are moral and pragmatic norms on hope that go beyond the norms on desires and modal presuppositions. I conclude by considering some key questions. (shrink)

This is a discussion of the state of discussion on pragmatic reasons for belief.

Douglas Walton’s multitudinous contributions to the study of argumentation seldom, if ever, directly engage with argumentation in mathematics. Nonetheless, several of the innovations with which he is most closely associated lend themselves to improving our understanding of mathematical arguments. I concentrate on two such innovations: dialogue types (§1) and argumentation schemes (§2). I argue that both devices are much more applicable to mathematical reasoning than may be commonly supposed.

The norm of monogamy is pervasive, having remained widespread, in most Western cultures at least, in spite of increasing tolerance toward more diverse relationship types. It is also puzzling. People willingly, and often with gusto, adhere to it, yet it is also, prima facie at least, highly restrictive. Being in a monogamous relationship means agreeing to give up certain sorts of valuable interactions and relationships with other people and to severely restrict one’s opportunities for sex and love. It is this (...) restrictiveness which has led for calls among some philosophers for the justification of the norm, and some have argued that it cannot be justified. John McMurtry, for example, writing in 1972, compared monogamy to private property and argued that it serves the capitalist order (McMurtry 1972, 596–97). More recently, Harry Chalmers (2019) has argued that monogamy is morally impermissible. In this chapter we argue that rather than justify the norm, we ought to explain and understand its pervasiveness. Not everyone who follows the norm is doing so blindly, irrationally, or immorally. Indeed, many people are monogamous because being monogamous supports their needs and best enables them to flourish. We suggest that the human need for trust and attachment could underlie many people’s desires for monogamy and, therefore, explain monogamy’s pervasiveness. Focusing on the human need for trust and attachment security can also help us to understand why sexual infidelity can feel like such a betrayal. It can make sense to mutually agree to exclusivity in relationships, in spite of the apparent restrictions this brings. In a sense, not all restrictions are restrictive, because holding ourselves to limits on our behavior can in fact help us to invest in and experience the things we value most. (shrink)

Perception is riddled with cases of reliable misperception. These are cases in which a perceptual state is tokened inaccurately any time it is tokened under normal conditions. On the face of it, this fact causes trouble for theories that provide an analysis of perceptual content in non-semantic, non-intentional, and non-phenomenal terms, such as those found in Millikan (1984), Fodor (1990), Neander (2017), and Schellenberg (2018). I show how such theories can be extended so that they cover such cases without giving (...) up their core commitments. (shrink)

In the epistemology of testimony it is often assumed that audiences are able to reliably recover asserted contents. In the philosophy of language this claim is contentious. This paper outlines one problem concerning the recovery of asserted contents, and argues that it prevents audiences from gaining testimonial knowledge in a range of cases. The recovery problem, in essence, is simply that due to the collective epistemic limitations of the speaker and audience speakers will, in certain cases, be insensitive to the (...) ways in which they may be misinterpreted. As a result audiences’ beliefs will often fail the safety and sensitivity conditions on knowledge. Once the problem has been outlined and distinguished from several related problems in the philosophy of language and the epistemology of testimony, a series of responses are considered. The first response holds that audiences possess defeaters in recovery problem cases, and thus wouldn’t form beliefs. The second response holds that the beliefs audiences form are very coarse grained, meaning they are not very vulnerable to failures of safety and sensitivity. The final response holds that the objects of speaker meaning are not propositional. All three responses are found to be unsatisfactory. (shrink)

The fallacy fallacy is either the misdiagnosis of fallacy or the supposition that the conclusion of a fallacy must be a falsehood. This paper explores the relevance of these and related errors of reasoning for the appraisal of arguments, especially within virtue theories of argumentation. In particular, the fallacy fallacy exemplifies the Owl of Minerva problem, whereby tools devised to understand a norm make possible new ways of violating the norm. Fallacies are such tools and so are vices. Hence a (...) similar problem arises with argumentative vices. Fortunately, both instances of the problem have a common remedy. (shrink)

I outline what I call the ‘deniability problem’, explain why it is problematic, and identify the range of utterances to which it applies (using religious discourse as an example). The problem is as follows: To assign content to many utterances audiences must rely on their contextual knowledge. This generates a lot of scope for error. Thus, speakers are able to make assertions and deny responsibility for the proposition asserted, claiming that the audience made a mistake. I outline the problem (a (...) limited version of which Fricker 2012 discusses), before explaining why it is problematic. Firstly it blocks testimonial knowledge according to assurance views. Secondly it prevents epistemic buck passing (the importance of which is emphasized by Goldberg 2006 and McMyler 2013). Finally, it removes a key disincentive to dishonesty. The recent literature on context sensitivity (particularly Cappelen and Lepore 2004) seems to entail that the problem applies to a very wide range of utterances. I consider a series of responses which fail to provide a solution, but which help us narrow down the scope of the problem. (shrink)

A satisfactory theory of linguistic communication must explain how it is that, through the interpersonal exchange of auditory, visual, and tactile stimuli, the communicative preconditions for the acquisition of testimonial knowledge regularly come to be satisfied. Without an account of knowledge-yielding communication this success condition for linguistic theorizing is left opaque, and we are left with an incomplete understanding of testimony, and communication more generally, as a source of knowledge. This paper argues that knowledge-yielding communication should be modelled on knowledge (...) itself. It is argued that knowledge-yielding communication occurs iff interlocutors coordinate on truth values in a non-lucky and non-deviant way. This account is able to do significant explanatory work: it sheds light on the nature of referential communication, and it allows us to capture, in an informative way, the sense in which interlocutors must entertain similar propositions in order to communicate successfully. (shrink)

In their article, Thom Scott‐Phillips, Stefaan Blancke, and Christophe Heintz do a commendable job summarizing the position and misunderstandings of “cultural attraction theory” (CAT). However, they do not address a longstanding problem for the CAT framework; that while it has an encompassing theory and some well‐worked out case studies, it lacks tools for generating models or empirical hypotheses of intermediate generality. I suggest that what the authors diagnose as misunderstandings are instead superficial interpretive errors, resulting from researchers who have attempted (...) to extract generalizable hypotheses from CAT and bring them into contact with the analytical and inferential models of contemporary cultural evolutionary research. (shrink)

Formal logic has often been seen as uniquely placed to analyze mathematical argumentation. While formal logic is certainly necessary for a complete understanding of mathematical practice, it is not sufficient. Important aspects of mathematical reasoning closely resemble patterns of reasoning in nonmathematical domains. Hence the tools developed to understand informal reasoning, collectively known as argumentation theory, are also applicable to much mathematical argumentation. This chapter investigates some of the details of that application. Consideration is given to the many contrasting meanings (...) of the word “argument”; to some of the specific argumentation-theoretic tools that have been applied to mathematics, notably Toulmin layouts and argumentation schemes; to some of the different ways that argumentation is implicated in mathematical practices; and to the social aspects of mathematical argumentation. (shrink)