Lawyers and judges cannot adequately address the nature of text, meaning, or interpretation without reference to the insights provided by linguists and philosophers of language. Exploring some of those insights, this article focuses upon what linguists and philosophers of language call “pragmatics.” Pragmatics examines the relations between words and users rather than the relations of words to words (syntax) or the relations of words to the world (semantics). In other words, pragmatics studies how language users actually use and interpret words (...) and other signs in communication. -/- Pragmatics recognizes that speaker meaning can differ from (and even contradict) linguistic meaning, including the literal meaning of text. In its proper context, for example, “Bob is indeed a good lawyer” can ironically mean just the opposite. Pragmatics also recognizes that relevant text is not a thing-in-itself that is simply given. Good lawyers look at such things as purpose and cohesion when determining relevant text. They do not simply take their opponent’s (or even their client’s) assertions of relevance. -/- Pragmatics also provides lawyers with a number of specific concepts and tools which are helpful in determining speaker meaning. For user convenience, this article attempts to set out in one place a number of such concepts and tools. These include: (1) types of cohesion that help determine relevant text, (2) types of context that help determine meaning, (3) pragmatic principles of construction such as principles of relevance and politeness, and (4) important pragmatic notions or devices such as anaphora, cataphora, ellipsis, deixis, presupposition, unstated premises, entailment, and implementives. -/- Finally, as a recurring example (among others) of pragmatics in action, this article examines from multiple perspectives textual issues raised in King v. Burwell, 576 U.S. __ (2015). -/- Keywords: Pragmatics, Semiotics, Interpretation, Textualism, Plain Meaning, King v. Burwell, Affordable Care Act, Text, Meaning, Speaker Meaning, Implicature. (shrink)

Reading Anthony Gregory's massive tome on the development of habeas corpus from fourteenth century England through its incorporation into Common Law, and then into Article One of the US Constitution and finally, down to the Patriot Act and other more recent modifications of the “great writ,” I am reminded of something that I heard as a graduate student many decades ago, when I asked a professor about reading a particularly demanding book. I was urged to plunge into that text, (...) providing I could spare a few months. Unlike the book I asked about then, which was a total waste of time (as I soon discovered), Gregory's study is a monument to meticulous research. (shrink)

In many African states, numerous different pre-colonial systems of power – such as kingships, sultanates or chieftaincies – which have a traditional legitimacy often confirmed in colonial and post-colonial times, have survived till our day. Their role in the contemporary republican state has been studied by many African intellectuals, and the views of Kwame Anthony Appiah, a thinker originating from Ghana, are of particular interest. He believes that in order to understand the significance of traditional authority and the phenomenon (...) of its continued existence in contemporary Africa, it is important to consider the source of its legitimacy. Appiah presents various sources – symbolic, religious and state – from which local African rulers derive the right to exert power and to exact obedience from their subjects. He minimizes the significance of most of these, however, and concludes that the basic source of legitimacy for traditional authority in the contemporary African state is the fact that this power, being a very important point of reference for the group over which it is wielded, reinforces its members’ sense of self-respect, and helps form their identity. He uses this idea to attempt to reconcile the continued existence of African power systems with liberal theory. Appiah, who is very unfavorably disposed towards most political and social hierarchies, views the political rights of individuals as the rights of citizens, not as the rights of persons who are the depositaries of some attributed or hereditary status. He enumerates the costs, in terms of liberal principles, of allowing traditional monarchy to persist. In his view, it is contrary to the liberal principle of public offices being open to persons of merit for the king of the Ashanti to be chosen from among persons of royal lineage. Such a perspective should generate a generally negative attitude towards the monarchy of the Ashanti, a people from whom Appiah originates, and yet he views Ashanti’s traditional monarchy as a source of pride. Published in "Africana Bulletin" 2010, No. 58, pp. 47-74. (shrink)

Historically, many Christians have understood God’s transcendence to imply God’s properties categorically differ from any created properties. For multiple historical figures, a problem arose for religious language: how can one talk of God at all if none of our predicates apply to God? What are we to make of creeds and Biblical passages that seem to predicate creaturely properties, such as goodness and wisdom, of God? Thomas Aquinas offered a solution: God is to be spoken of only through analogy (the (...) doctrine of analogy). Gavin Hyman argues Aquinas’s doctrine of analogy was neglected prior to the early-modern period and the neglect of analogy produced the conception of a god vulnerable to atheistic arguments. Contra Hyman, in this paper, I show early-modern atheism arose in a theological context in which there was an active debate concerning analogy. Peter Browne (1665–1735) and William King (1650–1729) offered two competing conceptions of analogical predication that were debated through the 19th century, with interlocutors such as the freethinker Anthony Collins (1676–1729), theologian/philosopher George Berkeley (1685–1753), and skeptic David Hume (1711–1776). Lastly, I discuss the 18th century debate over theological analogy as part of the background relevant to understanding Hume’s Dialogues Concerning Natural Religion. (shrink)

A review of Anthony Appiah's Experiments in Ethics.

If emotion is not an arbitrary compilation of fixed types of (descriptive, conceptual, conative, prescriptive) content, nor a state that can be reduced to other types of pre-existing (perceptual, cognitive, behavioral) states, then what sort of thing is it really? Tom Cochrane has proposed that emotions are valent representations of situated concerns. Valent representation is a type of mental content whose function is to detect the presence or absence of certain conditions; what makes that type of content valent is that (...) without needing the mediation of any other state, a response is triggered that is disposed to increase or decrease the presence of the condition represented. I raise doubts about the plausibility of that account in light of recent work in philosophy of biology and philosophy of mind. (shrink)

An attractive form of social stability is realized when the members of a well-ordered society give that society’s organizing principles their free and reflective endorsement. However, many political philosophers are skeptical that there is any requirement to show that their principles would engender this kind of stability. This skepticism is at the root of a number of objections to political liberalism, since arguments for political liberalism often appeal to its ability to be stable in this way. The aim of this (...) paper is to address skepticism about the stability condition by putting forward a novel defense of it. My defense builds on the claim that stable principles are necessary to secure the full autonomy of those who live under them. (shrink)

Both proponents and critics of the desire theory of welfare have narrowly focused on the positive side of the theory while virtually ignoring its negative side. On the positive side, the desire theorist says that getting what you want is good for you. But what should the desire theorist say is bad for you? A common and plausible-sounding answer is that if getting what you want is good for you, then surely not getting what you want is bad for you. (...) I argue that this answer is a mistake that would commit desire theorists to a claim that is implausible by their own lights, namely that a state of affairs could be bad for you even if you were not at all bothered by it. The desire theorist should instead say that getting what you are averse to is bad for you. If desire satisfaction is good for you, then aversion satisfaction, not desire frustration, is bad for you. (shrink)

In “The Open Future” (2021) Patrick Todd argues that the future is open, and that as a consequence all future contingents are false (as opposed to the more common view that they are neither true nor false). Very roughly, this latter claim is motivated by the idea that (a) presentism is true, and so future (and indeed past) things do not exist and (b) if future things do not exist, then the only thing that could ground there being future tensed (...) facts, and hence make those future tensed claims true, is the present and the laws of nature. But (c) the present and the laws of nature cannot ground there being future tensed facts because they do not necessitate there being any such fact. Hence future tensed claims are all false. Todd then goes on to present a semantics for his version of the open future on which all future contingents are false. In what follows we take up two strands of Todd’s view. First, we begin, in Section 2, by outlining Todd’s argument that future contingents are all false. We suggest that the considerations that Todd adduces for this conclusion do not support this being so. Then in Section 3 we consider the semantics that Todd offers, and argue that it yields implausible consequences. (shrink)

How is the Sartrean conception of phenomena of anguish connected to what we currently refer to as phenomena of anxiety? And what is the exact interrelation between anguish, fear, and anxiety?

Resolving to finish reading a novel, staying true to your punk style, or dedicating your life to an artistic project: these are examples of aesthetic commitments. I develop an account of the nature of such commitments, and I argue that they are significant insofar as they help us manage the temporally extended nature of our aesthetic agency and our relationships with aesthetic objects. At the same time, focusing on aesthetic commitments can give us a better grasp on the nature of (...) aesthetic normativity; this is because, in making aesthetic commitments, we are capable of giving aesthetic concerns the weight of obligation. I argue that appealing to aesthetic commitments allows us to account for the existence of aesthetic obligations as well as their grounding. I conclude by arguing that, although the aesthetic domain is a domain of play and freedom of choice, there is nevertheless an important place in it for both aesthetic commitments and the aesthetic obligations they generate. (shrink)

In this article, I consider the permissibility of forming defensive alliances, which is a neglected topic in the contemporary literature on the ethics of war and peace. Drawing on the jus ad bellum criterion of proportionality in just war theory, I argue that if permissible defensive force requires that its expected harms must be counterbalanced by its expected goods, then, permissible defensive alliance formation seems to also require that its expected harms must be counterbalanced by its expected goods, as the (...) latter can result in much the same consequences as the former. Moreover, due to the incommensurability of values in play when making proportionality judgments, I argue for a value pluralist understanding of the criterion. On this view, defensive alliance formation is proportionate if the expected gains in certain values (goods) intuitively justify the expected losses in others (harms) when compared to the alternative expected value trade-offs of not allying. To explore the implications of my theoretical claims I consider them in relation to John Mearsheimer’s influential account of the causes of the Russo-Ukrainian War. On this account, the West’s strategy to assimilate Ukraine and Ukraine’s pursuit of NATO membership post-annexation of Crimea were disproportionate because the expected harms were unjustified when compared to the alternative expected goods and harms of forgoing Ukrainian membership of NATO. This does not imply that Russia’s aggression is just, but it does imply that the West and Ukraine are partially responsible for the war and that they acted impermissibly in attempting to expand/join NATO. (shrink)

Empathy is a topic of continuous debate in the nursing literature. Many argue that empathy is indispensable to effective nursing practice. Yet others argue that nurses should rather rely on sympathy, compassion, or consolation. However, a more troubling disagreement underlies these debates: There’s no consensus on how to define empathy. This lack of consensus is the primary obstacle to a constructive debate over the role and import of empathy in nursing practice. The solution to this problem seems obvious: Nurses need (...) to reach a consensus on the meaning and definition of empathy. But this is easier said than done. Concept analyses, for instance, reveal a profound ambiguity and heterogeneity of the concept of empathy across the nursing literature. Since the term “empathy” is used to refer to a range of perceptual, cognitive, emotional, and behavioral phenomena, the presence of a conceptual ambiguity and heterogeneity is hardly surprising. Our proposal is simple. To move forward, we need to return to the basics. We should develop the concept from the ground up. That is, we should begin by identifying and describing the most fundamental form of empathic experience. Once we identify the most fundamental form of empathy, we will be able to distinguish among the more derivative experiences and behaviors that are addressed by the same name and, ideally, determine the place of these phenomena in the field of nursing. The aim of this article is, consequently, to lay the groundwork for a more coherent concept of empathy and thereby for a more fruitful debate over the role of empathy in nursing. In Part 1, we outline the history of the concept of empathy within nursing, explain why nurses are sometimes warry of adapting concepts from other disciplines, and argue that nurses should distinguish between adapting concepts from applied disciplines and from more theoretical disciplines. In Part 2, we show that the distinction between emotional and cognitive empathy—borrowed from theoretical psychology—has been a major factor in nurses’ negative attitudes toward emotional empathy. We argue, however, that both concepts fail to capture the most fundamental form of empathy. In Part 3, we draw on and present some of the seminal studies of empathy that can be found in the work of phenomenological philosophers including Max Scheler, Edmund Husserl, and Edith Stein. In Part 4, we outline how their understanding of empathy may facilitate current debates about empathy’s role in nursing. (shrink)

In this article, I argue that phenomenological psychopathologists, despite their critical attitude toward mainstream psychiatry, still hold problematic prejudices about the nature of psychiatric conditions as illness or disorder. I suggest that phenomenological psychopathologists turn to resources in the neurodiversity and mad pride movements to critically reflect upon these prejudices and appreciate the methodological problems that they pose.

Discussions of aesthetic reasons and normativity are becoming increasingly popular. This piece outlines six basic questions about aesthetic reasons, normativity, and value and discusses the space of possible answers to these questions. I divide the terrain into two groups of three questions each. First are questions about the shape of aesthetic reasons: what they favour, how strong they are, and where they come from. Second are relational questions about how aesthetic reasons fit into the wider normative landscape: whether they are (...) distinctive, what their normative status is, and how they interact with each other and with non-aesthetic reasons. This piece aims to provide a taxonomy to clarify and organise the burgeoning literature and to make a few concrete suggestions for avenues of future research. (shrink)

Bare plural generic sentences pervade ordinary talk. And yet it is extremely controversial what semantics to assign to such sentences. In this paper, I achieve two tasks. First, I develop a novel classification of the various standard uses to which bare plurals may be put. This “variety data” is important—it gives rise to much of the difficulty in systematically theorizing about bare plurals. Second, I develop a novel account of bare plurals, the radical account. On this account, all bare plurals (...) fail to express propositions. The content of a bare plural has to be pragmatically “completed” by a speaker in order for her to make an assertion. At least the content of a quantifier expression has to be supplied. But sometimes, the content of a sentential operator or modal verb is also supplied. The radical account straightforwardly explains the variety data: Speakers’ communicative intentions vary wildly across different contexts. (shrink)

Response-dependence theories have historically been very popular in aesthetics, and aesthetic response-dependence has motivated response-dependence in ethics. This chapter closely examines the prospects for such theories. It breaks this category down into dispositional and fittingness strands of response-dependence, corresponding to descriptive and normative ideal observer theories. It argues that the latter have advantages over the former but are not themselves without issue. Special attention is paid to the relationship between hedonism and response-dependence. The chapter also introduces two aesthetic properties that (...) lead to wrong kinds of reasons problems for aesthetic response-dependence: insightfulness and the capacity to change one’s perspective. These properties do not have obvious parallels in the ethical domain, and so present an obstacle for response-dependence even in aesthetics. The chapter ends by examining replies on behalf of the response-dependence theorist, ultimately suggesting that a restricted form of response-dependence is the most promising way forward for fans of such theories. (shrink)

Recently, there have been calls to develop a more contextual approach to phenomenological psychopathology—an approach that attends to the socio-cultural as well as personal and biographical factors that shape experiences of mental illness. In this Perspective article, we argue that to develop this contextual approach, phenomenological psychopathology should adopt a new paradigm case. For decades, schizophrenia has served as the paradigmatic example of a condition that can be better understood through phenomenological investigation. And recent calls for a contextual approach continue (...) to use schizophrenia as their primary example. We argue, in contrast, that substance misuse provides a better paradigm case around which to develop a contextually sensitive phenomenological psychopathology. After providing a brief vignette and analysis of a case of substance misuse, we explain why this kind of condition requires considerable sensitivity and attention to context, better motivating the incorporation and development of new contextually sensitive approaches. (shrink)

Some contextually sensitive expressions are such that their context independent conventional meanings need to be in some way supplemented in context for the expressions to secure semantic values in those contexts. As we’ll see, it is not clear that there is a paradigm here, but ‘he’ used demonstratively is a clear example of such an expression. Call expressions of this sort supplementives in order to highlight the fact that their context independent meanings need to be supplemented in context for them (...) to have semantic values relative to the context. Many philosophers and linguists think that there is a lot of contextual sensitivity in natural language that goes well beyond the pure indexicals and supplementives like ‘he’. Constructions/expressions that are good candidates for being contextually sensitive include: quantifiers, gradable adjectives including “predicates of personal taste”, modals, conditionals, possessives and relational expressions taking implicit arguments. It would appear that in none of these cases does the expression/construction in question have a context independent meaning that when placed in context suffices to secure a semantic value for the expression/construction in the context. In each case, some sort of supplementation is required to do this. Hence, all these expressions are supplementives in my sense. For a given supplementive, the question arises as to what the mechanism is for supplementing its conventional meanings in context so as to secure a semantic value for it in context. That is, what form does the supplementation take? The question also arises as to whether different supplementives require different kinds of supplementation. Let us call an account of what, in addition to its conventional meaning, secures a semantic value for a supplementive in context a metasemantics for that supplementive. So we can put our two questions thus: what is the proper metasemantics for a given supplementive; and do all supplementives have the same metasemantics? In the present work, I sketch the metasemantics I formulated for demonstratives in earlier work. Next, I briefly consider a number of other supplementives that I think the metasemantics I propose plausibly applies to and explain why I think that. Finally, I consider the prospects for extending the account to all supplementives. In so doing, I take up arguments due to Michael Glanzberg to the effect that supplementives are governed by two different metasemantics and attempt to respond to them. (shrink)

A self-fulfilling prophecy is, roughly, a prediction that brings about its own truth. Although true predictions are hard to fault, self-fulfilling prophecies are often regarded with suspicion. In this article, we vindicate this suspicion by explaining what self-fulfilling prophecies are and what is problematic about them, paying special attention to how their problems are exacerbated through automated prediction. Our descriptive account of self-fulfilling prophecies articulates the four elements that define them. Based on this account, we begin our critique by showing (...) that typical self-fulfilling prophecies arise due to mistakes about the relationship between a prediction and its object. Such mistakes—along with other mistakes in predicting or in the larger practical endeavor—are easily overlooked when the predictions turn out true. Thus we note that self-fulfilling prophecies prompt no error signals; truth shrouds their mistakes from humans and machines alike. Consequently, self-fulfilling prophecies create several obstacles to accountability for the outcomes they produce. We conclude our critique by showing how failures of accountability, and the associated failures to make corrections, explain the connection between self-fulfilling prophecies and feedback loops. By analyzing the complex relationships between accuracy and other evaluatively significant features of predictions, this article sheds light both on the special case of self-fulfilling prophecies and on the ethics of prediction more generally. (shrink)

Digital technology has prompted philosophers to rethink some of the fundamental categories we use to make sense of the world and ourselves. Particularly, the concept of ‘identity’ and its reconfiguration in the digital age has sparked much debate in this regard. While many studies have addressed the impact of the digital on personal and social identities, the concept of ‘collective identity’ has been remarkably absent in such inquiries. In this article, I take the context of social movements as an entry (...) point to discuss the reconfiguration of collective identity in social media environments. I do so by introducing a narrative approach to collective identity. I argue that Twitter’s affordances invite new ways of constructing collective identities and imply a shifting relationship between the individual and the collective. (shrink)

Artificial intelligence research and regulation seek to balance the benefits of innovation against any potential harms and disruption. However, one unintended consequence of the recent surge in AI research is the potential re-orientation of AI technologies to facilitate criminal acts, term in this article AI-Crime. AIC is theoretically feasible thanks to published experiments in automating fraud targeted at social media users, as well as demonstrations of AI-driven manipulation of simulated markets. However, because AIC is still a relatively young and inherently (...) interdisciplinary area—spanning socio-legal studies to formal science—there is little certainty of what an AIC future might look like. This article offers the first systematic, interdisciplinary literature analysis of the foreseeable threats of AIC, providing ethicists, policy-makers, and law enforcement organisations with a synthesis of the current problems, and a possible solution space. (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)

Jack Spencer has recently argued for the striking thesis that, possibly, an agent is able to do the impossible—that is, perform an action that is metaphysically impossible for that person to perform. Spencer bases his argument on (Simple G), a case in which it is impossible for an agent G to perform some action but, according to Spencer, G is still intuitively able to perform that action. I reply that we would have to give up at least four action-theoretical principles (...) if we accept that G is able to do the impossible. We may be best off retaining the principles and thus rejecting Spencer's intuition that G is able to do the impossible. I then consider an argument for the claim that G is able to do the impossible that goes through the Snapshot Principle. I, however, deny that any true variant of the Snapshot Principle shows that G is able to do the impossible. Moreover, the counterexample to the Snapshot Principle that I develop also suggests that G is unable to do the impossible in (Simple G). The most natural explanation for why an agent is unable to perform some action in this counterexample extends to (Simple G). Next, I develop three error theories for why we might initially share Spencer's intuition that G is able to do the impossible in (Simple G). Finally, I consider a couple other "G-cases" of Spencer's and find them all wanting. Perhaps we are unable to do the impossible. (shrink)

Does having a mental disorder, in general, affect whether someone is morally responsible for an action? Many people seem to think so, holding that mental disorders nearly always mitigate responsibility. Against this Naïve view, we argue for a Nuanced account. The problem is not just that different theories of responsibility yield different verdicts about particular cases. Even when all reasonable theories agree about what's relevant to responsibility, the ways mental illness can affect behavior are so varied that a more nuanced (...) approach is needed. (shrink)

In this essay I defend the view that Henry Sidgwick’s moral epistemology is a form of intuitionist foundationalism that grants common-sense morality no evidentiary role. In §1, I outline both the problematic of The Methods of Ethics and the main elements of its argument for utilitarianism. In §§2-4 I provide my interpretation of Sidgwick’s moral epistemology. In §§ 5-8 I refute rival interpretations, including the Rawlsian view that Sidgwick endorses some version of reflective equilibrium and the view that he is (...) committed to some kind of pluralistic epistemology. In§ 9 I contend with some remaining objections to my view. (shrink)

Most recent discussions of reasons in art criticism focus on reasons that justify beliefs about the value of artworks. Reviving a long-neglected suggestion from Paul Ziff, I argue that we should focus instead on art-critical reasons that justify actions—namely, particular ways of engaging with artworks. I argue that a focus on practical rather than theoretical reasons yields an understanding of criticism that better fits with our intuitions about the value of reading art criticism, and which makes room for a nuanced (...) distinction between criticism that aims at universality and criticism that is resolutely personal. (shrink)

There has been a growing trend to include non-causal models in accounts of scientific explanation. A worry addressed in this paper is that without a higher threshold for explanation there are no tools for distinguishing between models that provide genuine explanations and those that provide merely potential explanations. To remedy this, a condition is introduced that extends a veridicality requirement to models that are empirically underdetermined, highly-idealised, or otherwise non-causal. This condition is applied to models of electroweak symmetry breaking beyond (...) the Standard Model. (shrink)

In the last decade there has been a torrent of work at the intersection of philosophy and linguistics on predicates of personal taste, subjective expressions like fun and tasty that are used to express opinions rather than matters of fact. In each section of this paper I discuss a phenomenon that has been largely overlooked in the literature on PPTs. In Section 1, I identify a neglected experiential reading of these adjectives. All other theories of expressions like fun take them (...) to express some standing property, but distributional and compositional considerations suggest that the basic meaning of fun adjectives is experiential. In Section 2, I discuss the relation between fun claims relativized to particular experiencers and their unrelativized counterparts, arguing that previous theories fail to capture the evaluativity unique to the latter. Finally, I argue... (shrink)

Aims and Objectives. This article uses the concept of embodiment to demonstrate a conceptual approach to applied phenomenology. -/- Background. Traditionally, qualitative researchers and healthcare professionals have been taught phenomenological methods, such as the epoché, reduction, or bracketing. These methods are typically construed as a way of avoiding biases so that one may attend to the phenomena in an open and unprejudiced way. However, it has also been argued that qualitative researchers and healthcare professionals can benefit from phenomenology’s well-articulated theoretical (...) framework, which consists of core concepts, such as selfhood, empathy, temporality, spatiality, affectivity, and embodiment. -/- Design. This is a discursive article that demonstrates a conceptual approach to applied phenomenology. -/- Method. To outline and explain this approach to applied phenomenology, the Discussion section walks the reader through four stages of phenomenology, which progress incrementally from the most theoretical to the most practical. -/- Discussion. Part one introduces the philosophical concept of embodiment, which can be applied broadly to any human subject. Part two shows how philosophically trained phenomenologists use the concept of embodiment to describe general features of illness and disability. Part three illustrates how the phenomenological concept of embodiment can inform empirical qualitative studies and reflects on the challenges of integrating philosophy and qualitative research. Part four turns to phenomenology’s application in clinical practice and outlines a workshop model that guides clinicians through the process of using phenomenological concepts to better understand patient experience. -/- Conclusion and Relevance to Clinical Practice. A conceptual approach to applied phenomenology provides a valuable alternative to traditional methodological approaches. Phenomenological concepts provide a foundation for better understanding patient experience in both qualitative health research and clinical practice, and therefore provide resources for enhancing patient care. (shrink)

Ordinary morality judges agents blameworthy for negligently produced harms. In this paper I offer two main reasons for thinking that explaining just how negligent agents are responsible for the harms they produce is more problematic than one might think. First, I show that negligent conduct is characterized by the lack of conscious control over the harm, which conflicts with the ordinary view that responsibility for something requires at least some conscious control over it. Second, I argue that negligence is relevantly (...) indistinguishable from inadvertence, which is ordinarily thought to excuse agents from responsibility. I argue that the parallels between negligence and inadvertence suggest that negligent agents are not responsible for the harms they produce, while proposing an alternative model for distinguishing between negligence and inadvertence that does justice to our intuitions. (shrink)

This paper has three main goals. First, to motivate a puzzle about how ignorance-expressing terms like maybe and if interact: they iterate, and when they do they exhibit scopelessness. Second, to argue that there is an ambiguity in our theoretical toolbox, and that exposing that opens the door to a solution to the puzzle. And third, to explore the reach of that solution. Along the way, the paper highlights a number of pleasing properties of two elegant semantic theories, explores some (...) meta-theoretic properties of dynamic notions of meaning, dips its toe into some hazardous waters, and offers characterization theorems for the space of meanings an indicative conditional can have. (shrink)

A distinctive position in contemporary political philosophy is occupied by those who defend the principle of public justification. This principle states that the moral or political rules that govern our common life must be in some sense justifiable to all reasonable citizens. In this article, I evaluate Gerald Gaus’s defence of this principle, which holds that it is presupposed by our moral reactive attitudes of resentment and indignation. He argues, echoing P.F. Strawson in ‘Freedom and Resentment’, that these attitudes are (...) so deep a part of us that we are unable to rationally reject them. I examine and reject this defence of the principle. Considering the nature of our commitment to the moral reactive attitudes, I argue that those attitudes need not be grounded in a commitment to public justification. The availability of alternative grounds for these attitudes shows, contra Gaus, that we can rationally reject the principle of public justification while maintaining a wholehearted commitment to the reactive attitudes. (shrink)

Is it possible to train empathy? We suggest a new way, based on insights from phenomenology.

The aesthetic domain is a social one. We coordinate our individual acts of creation, appreciation, and performance with those of others in the context of social aesthetic practices. More strongly, many of the richest goods of our aesthetic lives are constitutively social; their value lies in the fact that individuals are engaged in joint aesthetic agency, participating in cooperative and collaborative project that outstrips what can be realized alone. I provide an account of nature and value of two such social (...) aesthetic goods—aesthetic communities and aesthetic traditions—and further argue that such goods are a core constituent of an aesthetically good life. At the same time, I argue that the ideals of the dominant theory of aesthetic value, aesthetic value hedonism, are incompatible with a full commitment to these social aesthetic goods; the hedonist is thereby alienated from the other participants within aesthetic communities and traditions. This sets up a dilemma for the hedonist: either the hedonist must bite the bullet, accepting that the theory leads to a problematic form of aesthetic alienation; or, we must reject aesthetic value hedonism and adopt a different theory of aesthetic value which accommodates the value of social aesthetic goods. I argue that we should take the second horn of the dilemma. (shrink)

In both The Right and the Good and The Foundations of Ethics, W. D. Ross maintains that any amount of the non-instrumental value of virtue outweighs any amount of the non-instrumental value of pleasure or avoidance of pain. The chapter raises two challenges to the status that Ross accords the value of virtue relative to the value of pleasure (pain). First, it argues that Ross fails to provide a good argument for thinking that virtue is always better than pleasure and (...) that it is in any case implausible to think that any amount of virtue (or avoidance of vice) is better than the avoidance of any amount of pain or suffering. Second, it argues that the inflexibility of Ross’s value theory exhibited in his claim about the relative value of virtue produces tension with and mars the attractive heterarchical structure of his theory of rightness or prima facie duties. (shrink)

“On the Subject Matter of Phenomenological Psychopathology” provides a framework for the phenomenological study of mental disorders. The framework relies on a distinction between (ontological) existentials and (ontic) modes. Existentials are the categorial structures of human existence, such as intentionality, temporality, selfhood, and affective situatedness. Modes are the particular, concrete phenomena that belong to these categorial structures, with each existential having its own set of modes. In the first section, we articulate this distinction by drawing primarily on the work of (...) Martin Heidegger—especially his study of the ontological structure of affective situatedness (Befindlichkeit) and its particular, ontic modes, which he calls moods (Stimmungen). In the second section, we draw on a study of grief to demonstrate how this framework can be used when conducting phenomenological interviews and analyses. In the concluding section, we explain how this framework can be guide phenomenological studies across a broad range of existential structures. (shrink)

Several philosophers have suggested that certain aspects of people’s experience of agency partly explains why people tend to report that it seems to them, in perceptual experience, as though time robustly passes. In turn, it has been suggested that people come to believe that time robustly passes on the basis of its seeming to them in experience that it does. We argue that what require explaining is not just that people report that it seems to them as though time robustly (...) passes, and that they believe that it does, but rather, the substantial variation (a) in people’s reports regarding whether it seems as though time robustly passes, and (b) their beliefs about whether time robustly passes. We empirically investigate the agentive explanation of (a), according to which variation in people’s agentive experiences explains variation in people’s reports regarding whether it seems to them as though time robustly passes. We also empirically investigate the experiential seeming explanation of belief, according to which variation in people’s beliefs about whether time robustly passes is explained by variation in their reports regarding whether it seems in experience as though time robustly passes. We found empirical support for the agentive explanation, but not for the experiential seeming explanation of passage beliefs. We consider the implications of our results for three views about temporal experience and temporal beliefs: dynamism, passage illusionism and deflationism. (shrink)

In this paper I offer an alternative phenomenological account of depression as consisting of a degradation of the degree to which one is situated in and attuned to the world. This account contrasts with recent accounts of depression offered by Matthew Ratcliffe and others. Ratcliffe develops an account in which depression is understood in terms of deep moods, or existential feelings, such as guilt or hopelessness. Such moods are capable of limiting the kinds of significance and meaning that one can (...) come across in the world. I argue that Ratcliffe’s account is unnecessarily constrained, making sense of the experience of depression by appealing only to changes in the mode of human existence. Drawing on Merleau-Ponty’s critique of traditional transcendental phenomenology, I show that many cases of severe psychiatric disorders are best understood as changes in the very structure of human existence, rather than changes in the mode of human existence. Working in this vein, I argue that we can make better sense of many first-person reports of the experience of depression by appealing to a loss or degradation of the degree to which one is situated in and attuned to the world, rather than attempting to make sense of depression as a particular mode of being situated and attuned. Finally, I argue that drawing distinctions between disorders of structure and mode will allow us to improve upon the currently heterogeneous categories of disorder offered in the DSM-5. (shrink)

We explore the role of episodic imagining in explaining why people both differentially report that it seems to them in experience as though time robustly passes, and why they differentially report that they believe that time does in fact robustly pass. We empirically investigate two hypotheses, the differential vividness hypothesis, and the mental time travel hypothesis. According to each of these, the degree to which people vividly episodically imagine past/future states of affairs influences their tendency to report that it seems (...) to them as though time robustly passes and to judge that time does robustly pass. According to the former, a greater degree of vividness will tend to increase the extent to which people make such reports, while according to the latter, it will tend to decrease the extent to which people make such reports. We found weak evidence in favour of the former hypothesis. We reflect on the implications of this finding for theorising about such reports. (shrink)

Two lines of evidence indicate that there exists a reciprocal inhibitory relationship between opposed brain networks. First, most attention-demanding cognitive tasks activate a stereotypical set of brain areas, known as the task-positive network and simultaneously deactivate a different set of brain regions, commonly referred to as the task negative or defaultmode network. Second, functional connectivity analyses show that these same opposed networks are anti-correlated in the resting state. Wehypothesize that these reciprocally inhibitory effects reflect two incompatible cognitive modes, each of (...) which may be directed towards understanding the external world. Thus, engaging onemode activates one set of regions and suppresses activity in the other.Wetest this hypothesis by identifying two types of problem-solving task which, on the basis of prior work, have been consistently associated with the task positive and task negative regions: tasks requiring social cognition, i.e., reasoning about the mental states of other persons, and tasks requiring physical cognition, i.e., reasoning about the causal/mechanical properties of inanimate objects. Social and mechanical reasoning tasks were presented to neurologically normal participants during fMRI. Each task type was presented using both text and video clips. Regardless of presentation modality, we observed clear evidence of reciprocal suppression: social tasks deactivated regions associated with mechanical reasoning and mechanical tasks deactivated regions associated with social reasoning. These findings are not explained by self-referential processes, task engagement, mental simulation,mental time travel or external vs. internal attention, all factors previously hypothesized to explain default mode network activity. Analyses of resting state data revealed a close match between the regions our tasks identified as reciprocally inhibitory and regions of maximal anti-correlation in the resting state. These results indicate the reciprocal inhibition is not attributable to constraints inherent in the tasks, but is neural in origin. Hence, there is a physiological constraint on our ability to simultaneously engage two distinct cognitive modes. Furtherwork is needed tomore precisely characterize these opposing cognitive domains. (shrink)

This article argues that a person’s well-being at a time and the goodness of her life are two distinct values. It is commonly accepted as platitudinous that well-being is what makes a life good for the person who lives it. Even philosophers who distinguish between well-being at a time and the goodness of a life still typically assume that increasing a person’s well-being at some particular moment, all else equal, necessarily improves her life on the whole. I develop a precise (...) statement of this standard assumption, and then show that it is subject to counterexamples. The possibility of such counterexamples depends only on premises similar to those sometimes invoked to argue that a person’s well-being over a long period is not simply the aggregate well-being of the shorter periods that compose the long period. The refutation of the standard assumption linking well-being and life-goodness entails that these are distinct and sometimes divergent values. As an alternative to the standard assumption, it is proposed that well-being is best understood as an ingredient in a good life. (shrink)

Imagine you are casually browsing an online bookstore, looking for an interesting novel. Suppose the store predicts you will want to buy a particular novel: the one most chosen by people of your same age, gender, location, and occupational status. The store recommends the book, it appeals to you, and so you choose it. Central to this scenario is an automated prediction of what you desire. This article raises moral concerns about such predictions. More generally, this article examines the ethics (...) of artificial social cognition—the ethical dimensions of attribution of mental states to humans by artificial systems. The focus is presumptuous aim attributions, which are defined here as aim attributions based crucially on the premise that the person in question will have aims like superficially similar people. Several everyday examples demonstrate that this sort of presumptuousness is already a familiar moral concern. The scope of this moral concern is extended by new technologies. In particular, recommender systems based on collaborative filtering are now commonly used to automatically recommend products and information to humans. Examination of these systems demonstrates that they naturally attribute aims presumptuously. This article presents two reservations about the widespread adoption of such systems. First, the severity of our antecedent moral concern about presumptuousness increases when aim attribution processes are automated and accelerated. Second, a foreseeable consequence of reliance on these systems is an unwarranted inducement of interpersonal conformity. (shrink)

In this essay I address the question, “What is the subject matter of phenomenological research?” I argue that in spite of the increasing popularity of phenomenology, the answers to this question have been brief and cursory. As a result, contemporary phenomenologists lack a clear framework within which to articulate the aims and results of their research, and cannot easily engage each other in constructive and critical discourse. Examining the literature on phenomenology’s identity, I show how the question of phenomenology’s subject (...) matter has been systematically neglected. It has been overshadowed by an unending concern with phenomenology’s methodological identity. However, an examination of recent contributions to this literature reveals that a concern with articulating phenomenology’s subject matter has gradually increased, although such articulations remain preliminary. In light of this, I delineate, define, and illustrate three layers of phenomenological research, which I term “existentials,” “modes,” and “prejudices.” While the delineation of these layers is drawn primarily from classical phenomenological texts, they are defined and illustrated through the use of more contemporary literature. Following the articulation of this subject matter, I briefly consider some of the debates—both foundational and applied—that can be facilitated by the adoption of this framework. (shrink)

This is a commentary on Humpston, C. S. (2022). “Isolated by Oneself: Ontologically Impossible Experiences in Schizophrenia.” Philosophy, Psychiatry, & Psychology 29(1), 5–15. It is published with an additional commentary by H. Green and Humpston’s response.

Until recently, the nature of children’s well-being or prudential value remained all but unexplored in the literature on well-being. There now exists a small but growing body of work on the topic. In this chapter, I focus on a cluster of under-explored issues relating to children’s well-being. I investigate, in specific, three distinct (and to my mind puzzling) positions about it, namely, that children’s lives cannot on the whole go well or poorly for them, prudentially speaking; that the prudential goods (...) of childhood count for less than the same goods of adulthood towards the prudential value of an individual’s life as a whole; and that children’s prudential goods (or goods more generally) are (at least in some cases) in some way special. This chapter is divided into four main sections. In the first section, I briefly describe some accounts of the nature of children’s well-being. In the next three sections, I address the three somewhat puzzling positions mentioned above. (shrink)