The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...) law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...) and function when its key officials reject the reason-giving character of law, then we have a reason to re-examine and amend legal positivism. (shrink)

Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.

Economic success in competitive systems requires resource redistribution to those who fail. Once we recognize that success in competitive endeavors depends meaningfully on the failure of others, policy implications that involve strong redistributive mechanisms should be drawn. Particular attention is paid to the role of education in fostering a sense of self-esteem necessary to counter the effects of internalized competition.

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, admitting universal (...) admissibility would be the best policy for an ideal jury. This article uses the theory of epistemic contextualism to justify the exclusion of otherwise relevant evidence, and even reliable hearsay, on the basis of preventing shifts in the epistemic context. Epistemic contextualism holds that the justification standards of knowledge attributions change according to the contexts in which the attributions are made. Hearsay and other kinds of information the assessment of which rely upon fact finders’ more common epistemic capabilities push the epistemic context of the trial toward one of more relaxed epistemic standards. The exclusion of hearsay helps to maintain a relatively high standards context hitched to the standard of proof for the case and to prevent shifts that threaten to try defendants with inconsistent standards. (shrink)

Scott Shapiro’s theory that law is a social plan is helpful in seeing law essentially as a tool of human creation and as such is sympathetic to understanding law in terms of the social functions it performs, a method I argue for elsewhere. I focus here on two problems with the theory as presented. The planning theory does not adequately explain the persistence of law beyond the utility of those who implement it. Generally, plans can cease to exist as soon (...) as those engaged in them have no more use for them. Laws however, must usually be declared invalid or otherwise nullified for them to have no further effect. Shapiro’s use of self-certification to explain how law is differentiated from other forms of social planning is ad hoc and threatens circularity when he admits it to be a matter of degree. Both of these issues can be better solved by seeing law as an institutionalised abstract artefact, with a greater emphasis upon the nature of institutions doing much of the work done by the idea of planning. (shrink)

Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to pre-empt (...) our contrary reasons and to leave open spaces or catch-all exceptions which we must use our own devices to fill. (shrink)

In this paper we investigate composition models of incarnation, according to which Christ is a compound of qualitatively and numerically different constituents. We focus on three-part models, according to which Christ is composed of a divine mind, a human mind, and a human body. We consider four possible relational structures that the three components could form. We argue that a ‘hierarchy of natures’ model, in which the human mind and body are united to each other in the normal way, and (...) in which they are jointly related to the divine mind by the relation of co-action, is the most metaphysically plausible model. Finally, we consider the problem of how Christ can be a single person even when his components may be considered persons. We argue that an Aristotelian metaphysics, according to which identity is a matter of function, offers a plausible solution: Christ's components may acquire a radically new identity through being parts of the whole, which enables them to be reidentified as parts, not persons. (shrink)

If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...) enable subjects to comply better with reasons that already apply to them. Hence, the service conception bases the legitimacy of practical authority on a certain kind of greater knowledge or expertise. This helps to focus the conundrum regarding complicity on the clash of expertise between the medical expert and the governing body tasked with coordinating behaviour and otherwise devising rules for the social good. The ethical dilemma presented by a hypothetically legitimate directive to act against a professional's best medical judgment also serves to highlight the moral dimension of one's duty to obey a legitimate authority. (shrink)

I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.

Do the new sciences of well-being provide knowledge that respects the nature of well-being? This book written from the perspective of philosophy of science articulates how this field can speak to well-being proper and can do so in a way that respects the demands of objectivity and measurement.

Enjoying great popularity in decision theory, epistemology, and philosophy of science, Bayesianism as understood here is fundamentally concerned with epistemically ideal rationality. It assumes a tight connection between evidential probability and ideally rational credence, and usually interprets evidential probability in terms of such credence. Timothy Williamson challenges Bayesianism by arguing that evidential probabilities cannot be adequately interpreted as the credences of an ideal agent. From this and his assumption that evidential probabilities cannot be interpreted as the actual credences of human (...) agents either, he concludes that no interpretation of evidential probabilities in terms of credence is adequate. I argue to the contrary. My overarching aim is to show on behalf of Bayesians how one can still interpret evidential probabilities in terms of ideally rational credence and how one can maintain a tight connection between evidential probabilities and ideally rational credence even if the former cannot be interpreted in terms of the latter. By achieving this aim I illuminate the limits and prospects of Bayesianism. (shrink)

It is commonly held that our intuitive judgements about imaginary problem cases are justified a priori, if and when they are justified at all. In this paper I defend this view — ‘rationalism’ — against a recent objection by Timothy Williamson. I argue that his objection fails on multiple grounds, but the reasons why it fails are instructive. Williamson argues from a claim about the semantics of intuitive judgements, to a claim about their psychological underpinnings, to the denial of rationalism. (...) I argue that the psychological claim — that a capacity for mental simulation explains our intuitive judgements — does not, even if true, provide reasons to reject rationalism. (More generally, a simulation hypothesis, about any category of judgements, is very limited in its epistemological implications: it is pitched at a level of explanation that is insensitive to central epistemic distinctions.) I also argue that Williamson’s semantic claim — that intuitive judgements are judgements of counterfactuals — is mistaken; rather, I propose, they are a certain kind of metaphysical possibility judgement. Several other competing proposals are also examined and criticized. (shrink)

New technological developments have fundamentally transformed human life. Throughout this process, fundamental questions about human beings have once again been posed. The paper examines how technological change affects understandings of human beings and their bodies, thereby requiring new approaches to anthropology. First, Section 2 illustrates how the use of technology has changed the understanding of human beings and their bodies. A new connection between the human being or the body and technology has emerged. Section 3 then moves onto considering the (...) increasing blurring of the boundaries between organisms and machines, showing how the understanding of humans and bodies is constantly being renegotiated in relation to machines. Based on this, Section 4 explores how the understanding of the human being and the body can be redesigned in the context of modern technology. To this end, approaches for a contemporary anthropology can be derived from critical posthumanism. Section 5 addresses concrete practice and examines the construction of identity in social media platforms such as Instagram. The paper argues that technological processes and social media are places where theology is constructed and appeals for a responsible theological co-creation of these places. It advocates that technology offers the opportunity to question traditional anthropological concepts and to renegotiate understandings of the human being and the body. -- Puzio, Anna: Digital and Technological Identities – In Whose Image? A philosophical-theological approach to identity construction in social media and technology. In: Cursor (2021). (shrink)

In this paper, we identify some key features of what makes something a disease, and consider whether these apply to pregnancy. We argue that there are some compelling grounds for regarding pregnancy as a disease. Like a disease, pregnancy affects the health of the pregnant person, causing a range of symptoms from discomfort to death. Like a disease, pregnancy can be treated medically. Like a disease, pregnancy is caused by a pathogen, an external organism invading the host’s body. Like a (...) disease, the risk of getting pregnant can be reduced by using prophylactic measures. We address the question of whether the ‘normality’ of pregnancy, its current necessity for human survival, or the value often attached to it are reasons to reject the view that pregnancy is a disease. We point out that applying theories of disease to the case of pregnancy, can in many cases illuminate inconsistencies and problems within these theories. Finally, we show that it is difficult to find one theory of disease that captures all paradigm cases of diseases, while convincingly excluding pregnancy. We conclude that there are both normative and pragmatic reasons to consider pregnancy a disease. (shrink)

Thick concepts, namely those concepts that describe and evaluate simultaneously, present a challenge to science. Since science does not have a monopoly on value judgments, what is responsible research involving such concepts? Using measurement of wellbeing as an example, we first present the options open to researchers wishing to study phenomena denoted by such concepts. We argue that while it is possible to treat these concepts as technical terms, or to make the relevant value judgment in-house, the responsible thing to (...) do, especially in the context of public policy, is to make this value judgment through a legitimate political process that includes all the stakeholders of this research. We then develop a participatory model of measurement based on the ideal of co-production. To show that this model is feasible and realistic, we illustrate it with a case study of co-production of a concept of thriving conducted by the authors in collaboration with a UK anti-poverty charity Turn2us. (shrink)

This book surveys research in quantification starting with the foundational work in the 1970s. It paints a vivid picture of generalized quantifiers and Boolean semantics. It explains how the discovery of diverse scope behavior in the 1990s transformed the view of quantification, and how the study of the internal composition of quantifiers has become central in recent years. It presents different approaches to the same problems, and links modern logic and formal semantics to advances in generative syntax. A unique feature (...) of the book is that it systematically brings cross-linguistic data to bear on the theoretical issues, discussing French, German, Dutch, Hungarian, Russian, Japanese, Telugu (Dravidian), and Shupamem (Grassfield Bantu), and pointing to formal semantic literature involving quantification in around thirty languages. -- -/- 1. What this book is about and how to use it; 2. Generalized quantifiers and their elements: operators and their scopes; 3. Generalized quantifiers in non-nominal domains; 4. Some empirically significant properties of quantifiers and determiners; 5. Potential challenges for generalized quantifiers; 6. Scope is not uniform and not a primitive; 7. Existential scope versus distributive scope; 8. Distributivity and scope; 9. Bare numeral indefinites; 10. Modified numerals; 11. Clause-internal scopal diversity; 12. Towards a compositional semantics of quantifier words. (shrink)

Die folgende Untersuchung nimmt eine informationsethische und anthropologische Perspektive ein und legt einen Schwerpunkt auf die Informations- und Kommunikationstechnologien (IKT) im Gesundheitsbereich. Zunächst beschreiben und problematisieren wir das Feld der Informationsethik, das im Wesentlichen heute als Ethik von umfassenden, digitalen Computersystemen als informationsprozessierenden Maschinen verstanden wird (Kap. 2). Im zweiten, anthropologischen Schritt untersuchen wir, wie informationelle Gesundheitstechnologien das menschliche Selbstverständnis beeinflussen (Kap. 3). Dies leitet über zur ethischen Fragestellung, die Überwachung, Kontrolle und Autonomie als Brennpunkte des Gesundheitsbereichs fokussiert (Kap. 4). (...) Zuletzt geben wir als Ausblick einige Hinweise, wie eine dezidiert theologische Perspektive auf die Herausforderungen aussehen kann (Kap. 5). -- Puzio, Anna/Filipovic, Alexander: Personen als Informationsbündel? Informationsethische Perspektiven auf den Gesundheitsbereich. In: Fritz, Alexis/Mandry, Christof/Proft, Ingo/Schuster, Josef (Hg.): Mensch-Maschine-Interaktion. Anthropologische und ethische Herausforderungen neuer Entwicklungen im Gesundheitsbereich (Jahrbuch für Moraltheologie, 5). Freiburg: Herder 2021, S. 89–114. (shrink)

This book defends an account of justice to nonhuman beings – i.e., to animals, plants etc. – also known as ecological or interspecies justice, and which lies in the intersection of environmental political theory and environmental ethics. More specifically, against the background of the current extinction crisis this book defends a global non-ranking biocentric theory of distributive ecological/interspecies justice to wild nonhuman beings, because the extinction crisis does not only need practical solutions, but also an account of how it is (...) the outcome of large-scale injustice. This book not only provides a novel theoretical framework that supports such a claim, but it also develops the theoretical tools to find just compromises between the entitlements of intraspecies and intra-human global distributive justice to ecological space for the purpose of working towards a vision of just conservation. -/- Content: 1. Introducing Ecological Justice 2. Political Non-Ranking Biocentrism 3. The Community of Justice 4. The Currency of Distributive Justice 5. The Principles of Distributive Justice 6. Ecological Justice and the Capabilities Approach 7. Biodiversity Loss: An Injustice? 8. Who Owns the Earth? 9. Visions of Just Conservation 10. Outlook for Implementation . (shrink)

Künstliche Intelligenz (KI), Blockchain, Virtual und Augmented Reality, (Teil-)Autono- mes Fahren, autoregulative Waffensysteme, Enhancement, Reproduktionstechnologien und humanoide Robotik – diese Technologien (und mit ihnen viele weitere) sind schon längst keine spekulativen Zukunftsvisionen mehr, sondern haben bereits Eingang in unser Leben gefunden oder stehen an der Schwelle zum Durchbruch. Die rasanten technologischen Ent- wicklungen wecken ein Orientierungsbedürfnis: Was unterscheidet den Menschen von der Maschine, die menschliche Intelligenz von der Künstlichen Intelligenz, wie weit sollte der Körper verändert werden dürfen, was sind die (...) Gefahren und was sind die Chancen der Tech- nologien? Viele dieser Anfragen werden auch an die Theologie gerichtet. Es wird z. B. nach dem Men- schenbild, nach dem Schöpfungsverständnis, nach einer Ethik der technologischen Körper- eingriffe oder nach dem moralischen Status von Robotern gefragt. Was sagt die Theologie zu diesen technologischen Entwicklungen? Daher ist es höchste Zeit für die Theologie, das Themenfeld der Technologisierung und KI wissenschaftlich zu ergründen und Antworten zu formulieren. Verändern sich durch die Technologisierung die verschiedenen Bereiche des menschlichen Lebens, der Gesellschaft und Mitwelt, verändern sich auch die Orte und Themen der Theologie. ---------------------------------- Puzio, Anna: Theologie und Künstliche Intelligenz – Perspektiven, Aufgaben und Thesen einer Theologie der Technologisierung. In: Puzio, Anna/Kunkel, Nicole/Klinge, Hendrik (Hg.): Alexa, wie hast du's mit der Religion? Theologische Zugänge zu Technik und Künstlicher Intelligenz (Theologie und KI 1). Darmstadt: wbg 2023, S. 13–27. DOI: 10.53186/1030373. (shrink)

This paper proposes a novel account of the contents of memory. By drawing on insights from the philosophy of perception, I propose a hybrid account of the contents of memory designed to preserve important aspects of representationalist and relationalist views. The hybrid view I propose also contributes to two ongoing debates in philosophy of memory. First, I argue that, in opposition to eternalist views, the hybrid view offers a less metaphysically-charged solution to the co-temporality problem. Second, I show how the (...) hybrid view conceives of the relationship between episodic memory and other forms of episodic thinking. I conclude by considering some disanalogies between perception and memory and by replying to objections. I argue that, despite there being important differences between memory and perception, those differences do not harm my project. (shrink)

Introspective knowledge by acquaintance is knowledge we have by being directly aware of our phenomenally conscious states. In this paper, I argue that introspective knowledge by acquaintance is a sui generis kind of knowledge: it is irreducible to any sort of propositional knowledge and is wholly constituted by a relationship of introspective acquaintance. My main argument is that this is the best explanation of some epistemic facts about phenomenal consciousness and introspection. In particular, it best explains the epistemic asymmetry between (...) a subject who has never had a certain phenomenal state and one who has. I also consider two theoretical objections to my claim: an objection from disunity and an objection from mysteriousness. I show that these objections can be answered and that introspective knowledge by acquaintance being sui generis remains a live option on the table. (shrink)

Positive polarity items (PPIs) are generally thought to have the boring property that they cannot scope below negation. The starting point of the paper is the observation that their distribution is significantly more complex; specifically, someone/something-type PPIs share properties with negative polarity items (NPIs). First, these PPIs are disallowed in the same environments that license yet type NPIs; second, adding any NPI-licenser rescues the illegitimate constellation. This leads to the conclusion that these PPIs have the combined properties of yet-type and (...) ever-type NPIs: what appears to be a prohibition is nothing but “halfway licensing”. The paper goes on to propose a unification of the analyses of rescuable PPIs, NPIs, and negative concord, and questions the grounding of polarity sensitivity in the scalar or the referential semantics of the items involved. (shrink)

One of the major divides in contemporary philosophy of consciousness is on whether phenomenal consciousness requires some form of self-consciousness. The disagreement revolves around the following principle (or something in the vicinity): : For any subject S and phenomenally conscious mental state C of S, C is phenomenally conscious only if S is aware of C. We may call the relevant awareness of one’s own mental states “inner awareness” and the principle “Inner Awareness Principle” (IA). In a paper recently published (...) in this Journal, Stoljar (2021) puts forward a massive theoretical criticism of IA. He addresses many extant arguments for IA, and argues, for each of them, that it is unpersuasive. In this paper, I focus on what strike me as the two most compelling arguments in Stoljar’s list: the argument from memory and the argument from attention. I argue that Stoljar’s objections to them can be rebutted; accordingly, those arguments promise to constitute the steadiest theoretical ground for IA. (shrink)

In this paper, I develop a new version of the acquaintance view of the nature of introspection of phenomenal states. On the acquaintance view, when one introspects a current phenomenal state of one's, one bears to it the relation of introspective acquaintance. Extant versions of the acquaintance view neglect what I call the phenomenal modification problem. The problem, articulated by Franz Brentano in his Psychology from an Empirical Standpoint, is that drawing introspective attention to one's current conscious experience may modify (...) its phenomenology. Failing to take phenomenal modification into account affects the adequacy of extant versions of the acquaintance view. The purpose of this paper is to develop a better version, the integration account, that meets the phenomenal modification challenge while preserving the merits of other versions. (shrink)

In this Introduction we introduce the central themes of the Evaluative Perception volume. After identifying historical and recent contemporary work on this topic, we discuss some central questions under three headings: (1) Questions about the Existence and Nature of Evaluative Perception: Are there perceptual experiences of values? If so, what is their nature? Are experiences of values sui generis? Are values necessary for certain kinds of experience? (2) Questions about the Epistemology of Evaluative Perception: Can evaluative experiences ever justify evaluative (...) judgments? Are experiences of values necessary for certain kinds of justified evaluative judgments? (3) Questions about Value Theory and Evaluative Perception: Is the existence of evaluative experience supported or undermined by particular views in value theory? Are particular views in value theory supported or undermined by the existence of value experience? (shrink)

The psychological reality of an inner awareness built into conscious experience has traditionally been a central element of philosophy of consciousness, from Aristotle, to Descartes, Brentano, the phenomenological tradition, and early and contemporary analytic philosophy. Its existence, however, has recently been called into question, especially by defenders of so-called transparency of experience and first-order representationalists about phenomenal consciousness. In this paper, I put forward a defense of inner awareness based on an argument from memory. Roughly, the idea is that since (...) we can only recall something if we were aware of it at the time of its occurrence, and since we can recall our own experiences, we must be aware of our own experiences at the time of their occurrence. The argument is far from new: it goes back to the Buddhist tradition and has been revived more recently in Buddhist Scholarship but also in contemporary analytic philosophy of mind, in particular by Uriah Kriegel. However, I believe that, since it is the best extant argument for inner awareness, it deserves more extensive treatment. My goal is to strengthen the memory argument by making some conceptual distinctions as to the exact thesis about inner awareness that the argument is supposed to support, considering different ways the argument may be reconstructed depending on the exact thesis to be supported, and defending the argument from a new objection, raised very recently by Daniel Stoljar. (shrink)

Do powers have powers? More urgently, do powers need further powers to do what powers do? Stathis Psillos says they do. He finds this a fatal flaw in the nature of pure powers: pure powers have a regressive nature. Their nature is incoherent to us, and they should not be admitted into the ontology. I argue that pure powers do not need further powers; rather, they do what they do because they are powers. I show that at the heart of (...) Psillos’ regress is a metaphysical division he assumes between a pure power to φ and its directedness towards the manifestation of φ-ing, i.e. between a pure power and its essence. But such an ontological division between an entity and its essence has already been shown by Aristotle to be detrimental, condemning the entity to a regressive nature. I show that Psillos’ regress is but an instance of Aristotle’s regress argument on the relation between an entity and its essence. I compare Aristotle’s, Bradley’s, and Psillos’ regresses, showing that Bradley’s and Psillos’ (different) conclusions from the regress arguments lead to impasses. I then build on Aristotle’s directive against regressive natures, arguing with him that an entity is not other than its nature (being divided from its nature by a relation between them). Rather, an entity is an instantiated nature itself. The Aristotelian position I put forward explains how the oneness of the entity is achieved by its being an instance of a type. Thus, the regress is blocked, and the nature of pure powers is shown to pose no threats of an ontological or epistemological kind, if physics gave us reasons to posit pure powers. (shrink)

Phenomenal beliefs are beliefs about the phenomenal properties of one's concurrent conscious states. It is an article of common sense that such beliefs tend to be justified. Philosophers have been less convinced. It is sometimes claimed that phenomenal beliefs are not on the whole justified, on the grounds that they are typically based on introspection and introspection is often unreliable. Here we argue that such reasoning must guard against a potential conflation between two distinct introspective phenomena, which we call fact-introspection (...) and thing -introspection; arguments for the unreliability of introspection typically target only the former, leaving the reliability of the latter untouched. In addition, we propose a theoretical framework for understanding thing -introspection that may have a surprising consequence: thing -introspection is not only reliable, but outright infallible. This points at a potential line of defense of phenomenal-belief justification, which here we only sketch very roughly. (shrink)

The idea that conscious control, or more specifically akratic wrongdoing, is a necessary condition for blameworthiness has durable appeal. This position has been explicitly championed by volitionist philosophers, and its tacit influence is broadly felt. Many responses have been offered to the akrasia requirement espoused by volitionists. These responses often take the form of counterexamples involving blameworthy ignorance: i.e., cases where an agent didn’t act akratically, but where they nevertheless seem blameworthy. These counterexamples have generally led to an impasse in (...) the debate, with volitionists maintaining that the ignorant agents are blameless. In this paper, I explore a different sort of counterexample: I consider agents who have acted akratically, but whose very conscious awareness of their wrongdoing complicates their blameworthiness. I call these cases of “complex akrasia,” and I suggest that they are a familiar aspect of moral life. I interpret these cases as supporting non-volitionist accounts, and particularly Quality of Will accounts. (shrink)

Wenn man heute Instagram öffnet, begegnen vielfältige Beiträge zu Gendervielfalt, sexueller Aufklärung, Umweltengagement und Körperoptimierung. Auf Instagram gibt es Queerness ebenso wie neue Lebensformen, ein neues Verhältnis zur Umwelt, veränderte Selbstverständnisse, eine breite Varianz von Formen der Selbstdarstellung und Körperinszenierung. Die hier gezeigten veränderten Lebenswirklichkeiten und Selbstverständnisse der Menschen legen nahe, dass diese neuen Entwicklungen in eine zeitgenössische Anthropologie, die sich mit dem menschlichen Selbstverständnis wissenschaftlich auseinandersetzt, aufgenommen werden müssen. Der Aufsatz nimmt die Social-Media-Plattform Instagram als Anlass, um Perspektiven für (...) eine zeitgenössische Anthropologie aufzuzeigen. Dazu wird untersucht, durch welche Perspektiven die Anthropologie ergänzt werden muss und wie die theoretischen Ansätze des Neuen Materialismus dafür fruchtbar gemacht werden können. Im ersten Schritt wird in die Themen auf Instagram sowie den Zusammenhang von Instagram und Anthropologie eingeführt (2). Davon ausgehend werden drei Themen für eine zeitgemäße Anthropologieuntersucht: Technik (Technikanthropologie), Körper und Körperoptimierung sowie Umwelt und die Beziehungen zu nichtmenschlichen Entitäten (3). Anschließend werden der Neue Materialismus (4) vorgestellt und dazu die Ansätze von Donna Haraway und Karen Barad skizziert, sodass daraus Schlüsse für eine zeitgemäße Anthropologie gezogen werden können (5). Dies mündet in einen Ausblick auf die weitere anthropologische Forschung (6). (shrink)

Richard Bradley and others endorse Reverse Bayesianism as the way to model awareness growth. I raise a problem for Reverse Bayesianism—at least for the general version that Bradley endorses—and argue that there is no plausible way to restrict the principle that will give us the right results. To get the right results, we need to pay attention to the attitudes that agents have towards propositions of which they are unaware. This raises more general questions about how awareness growth should be (...) modelled. (shrink)

The debate over the objects of episodic memory has for some time been stalled, with few alternatives to familiar forms of direct and indirect realism being advanced. This paper moves the debate forward by building on insights from the recent psychological literature on memory as a form of episodic hypothetical thought (or mental time travel) and the recent philosophical literature on relationalist and representationalist approaches to perception. The former suggests that an adequate account of the objects of episodic memory will (...) have to be a special case of an account of the objects of episodic hypothetical thought more generally. The latter suggests that an adequate account of the objects of episodic hypothetical thought will have to combine features of direct realism and representationalism. We develop a novel pragmatist-inspired account of the objects of episodic hypothetical thought that has the requisite features. (shrink)

Difficulty is often treated as blame-mitigating, and even exculpating. But on some occasions difficulty seems to have little or no bearing on our assessments of moral responsibility, and can even exacerbate it. In this paper, I argue that the relevance (and irrelevance) of difficulty with regard to assessments of moral responsibility is best understood via Quality of Will accounts. I look at various ways of characterising difficulty – including via sacrifice, effort, skill and ‘trying’ – and set out to demonstrate (...) that these factors are only blame-mitigating where, and to the extent that, they complicate ascriptions of insufficient concern. Matters become more complex, however, when we turn to difficult circumstances that seem to generate such objectionable attitudes. This is arguably the case with epistemic difficulty and certain instances of moral ignorance. Here I argue that certain difficult circumstances diminish the sense in which false moral beliefs are genuinely revelatory of the agents who hold them. In particular, I draw on the distinction between difficulty that generates objectionable attitudes, and objectionable attitudes that generate difficulty. I argue that the former, but not the latter, can plausibly be viewed as blame mitigating, and that this would apply to (limited) cases of moral ignorance. (shrink)

Kimberlé Williams Crenshaw ends her landmark essay “Mapping the Margins: Intersectionality, Identity Politics, and Violence against Women of Color” with a normative claim about coalitions. She suggests that we should reconceptualize identity groups as “in fact coalitions,” or at least as “potential coalitions waiting to be formed.” In this essay, I explore this largely overlooked claim by combining philosophical analysis with archival research I conducted at the Gay, Lesbian, Bisexual and Transgender Historical Society Archive in San Francisco about Somos Hermanas, (...) the solidarity project of the Alliance Against Women’s Oppression, based in the San Francisco Women’s Building (1984–90). I extend my analysis into the present by drawing on the oral history and published works of Carmen Vázquez, a key organizer in both Somos Hermanas and the Women’s Building. I argue that conceptualizing identities as in fact coalitions—as complex, internally heterogeneous unities constituted by their internal differences and dissonances and by internal as well as external relations of power—enables us to organize effective political coalitions that cross existing identity categories and to pursue a liberatory politics of interconnection. (shrink)

This article investigates the challenges posed by the reliability of knowledge in neurophenomenology and its connection to reality. Neurophenomenological research seeks to understand the intricate relationship between human consciousness, cognition, and the underlying neural processes. However, the subjective nature of conscious experiences presents unique epistemic challenges in determining the reliability of the knowledge generated in this research. Personal factors such as beliefs, emotions, and cultural backgrounds influence subjective experiences, which vary from individual to individual. On the other hand, scientific knowledge (...) aims to uncover universal truths based on empirical observations and objective principles. Reconciling the subjective and objective realms presents a significant challenge in determining the reliability of knowledge generated through neurophenomenological research. This article aims to examine the inherent limitations and challenges of neurophenomenological research to shed light on the complexities involved in understanding the nature of knowledge itself. This article highlights that the ontological implications of the reliability of knowledge in neurophenomenology arise from the question of how subjective experiences relate to objective reality. Understanding the neural correlates and mechanisms behind subjective experiences can provide insight into the underlying ontological nature of consciousness. (shrink)

Although research on epistemic injustice has focused on the effects of prejudice in epistemic exchanges, the account of prejudice that emerges in Fricker’s (2007) view is not completely clear. In particular, I claim that the epistemic role of prejudice in the structure of testimonial justification is still in need of a satisfactory explanation. What special epistemic power does prejudice exercise that prevents the speaker’s words from constituting evidence for the hearer’s belief? By clarifying this point, it will be possible to (...) address two more general issues concerning the nature of prejudice: its resistance to counterevidence and the steps involved in overcoming prejudice. I propose a hinge account of prejudice, based on the recent perspective of hinge epistemology, to help clarify these aspects. According to the hinge account, prejudices share a fundamental feature with hinges: they work as norms of evidential significance, and as such, they determine what can and cannot count as evidence for belief. (shrink)

Ways of Scope Taking is concerned with syntactic, semantic and computational aspects of scope. Its starting point is the well-known but often neglected fact that different types of quantifiers interact differently with each other and other operators. The theoretical examination of significant bodies of data, both old and novel, leads to two central claims. (1) Scope is a by-product of a set of distinct Logical Form processes; each quantifier participates in those that suit its particular features. (2) Scope interaction is (...) further constrained by the semantics of the interacting operators. The arguments are developed using Minimalist syntax, Generalized Quantify theory, Discourse Representation Theory, and algebraic semantics. The contributors (Beghelli, Ben-Shalom, Doetjes, Farkas, Gutiérrez Rexach, Honcoop, Stabler, Stowell, Szabolcsi and Zwarts) make tightly related theoretical assumptions and focus on related empirical phenomena, which include the direct and inverse scope of quantifiers, distributivity, negation, modal and intensional contexts, weak islands, event-related readings, interrogatives, wh/quantifier interactions, and Hungarian syntax. An introduction to the formal semantics background is provided. Audience: Linguists, philosophers, computational and psycholinguists; advanced undergraduates, graduate students and researchers in these fields. (shrink)

Wie verändern sich Mensch und Körper durch Technik? Und welches Menschenverständnis vertritt der Transhumanismus? Anna Puzio befasst sich in der ersten philosophischen Studie zur Anthropologie des Transhumanismus mit führenden Personen des Feldes, u. a. mit Nick Bostrom, David Pearce und Natasha Vita-More. Neben Körperoptimierung und Medizintechnologien beleuchtet sie auch Alltagstechnologien wie Wearables. Dabei entwickelt sie einen neuen Ansatz zur Technikanthropologie und ein neues inklusives Menschen- und Körperverständnis im Anschluss an Donna Haraway und den Kritischen Posthumanismus im amerikanischen Raum.

The concept of ‘pareto superiority’ plays a central role in ethics, economics, and law. Pareto superiority is sometimes taken as a relation between outcomes, and sometimes as a relation between actions—even where the outcomes of the actions are uncertain. Whether one action is classed as (ex ante) pareto superior to another depends on the prospects under the actions for each person concerned. I argue that a person’s prospects (in this context) can depend on how that person is designated. Without any (...) constraints on acceptable designators, then, the concept of pareto superiority is ill defined and gives inconsistent results. I consider various ways of completing the definition and draw out some surprising implications. (shrink)

We distinguish between two different strategies in methodology of economics. The big picture strategy, dominant in the twentieth century, ascribed to economics a unified method and evaluated this m...

Kant's radical criticism of the passions has a central but largely overlooked moral-psychological component: for Kant, the passions promote a kind of self-deception he calls ‘rationalizing’. In analysing the connection between passion and rationalizing self-deception, I identify and reconstruct two essential traits of Kant's conception of the passions. I argue (1) that rationalizing self-deception, according to Kant, contributes massively to the emergence and consolidation of passions. It aims to resolve a psychological conflict between passion and moral duty when in fact, (...) it does not resolve but perpetuates this conflict. I then argue (2) that rationalizing does not necessarily aim to devalue moral duty, as Kant seems to suggest in the Groundwork. It can also aim to revalue the ‘counterweight’. By analysing Kant's presentation of several individual passions in the Anthropology, I demonstrate that rationalizing here is concerned with elevating these passions and making them pass as morally (or at least prudentially) justified. (shrink)