This paper concerns two topics which, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the workings of entangled concepts in the law. That appellate adjudication is important in some sense may seem obvious to everybody (to a few it will seem obvious that appellate adjudication is unimportant). My point will be that via appellate adjudication courts engineer entangled legal concepts, and it is this (...) aspect of appellate adjudication that is both crucial and unique to it, at least in the U.S. legal system. Entangled concepts intertwine description and evaluation; entangled legal concepts facilitate and constrain legal reasoning and legal judgments, in ways that distinguish legal adjudication from pure politics or the implementation of public policy. In the paper itself, I demonstrate more fully what it is for a legal concept to be an entangled one and how entanglement supplies guidance in adjudication. I also broach how entanglement in legal concepts and engineered entanglement have significance for legal pedagogy; appellate adjudication; the respective roles of the judiciary, the legislature, and administrative agencies; the erosion of the distinction between so-called public law and so-called private law; and our understanding of the fact/value distinction. -/- Understanding more specifically the nature of the entanglement at work in appellate adjudication requires much closer scrutiny of appellate opinions than we usually give. I examine carefully the background to MacPherson v. Buick and Justice Benjamin Cardozo’s particular re-engineering of ‘negligence’ and ‘duty,’ entangled concepts belonging to the same legal taxonomy. Via this scrutiny, I demonstrate the flaws in the engineering of some concepts in the buildup to MacPherson, and how these flaws led to those concepts’ collapse and ultimately to Cardozo’s re-engineering of ‘negligence’ and ‘duty.’ I also explain why careful understanding of the engineering of entangled legal concepts can make us appreciate that even the most successful of such concepts have within in them the grounds for their own obsolescence. -/- To show that conceptual engineering of entangled concepts occurs outside the context of state common law, I also examine how the U.S. Supreme Court has engineered ‘commerce’, itself an entangled concept. The recent decision regarding the individual mandate in the Affordable Care Act makes this example particularly timely. This secondary example also clarifies the nature of entanglement and engineering it. -/- This article concerns appellate adjudication in any area of law. I maintain that whether we are dealing with private law or public law, common law or statutory law or Constitutional law, the defining feature of appellate adjudication is its continuous engineering and reengineering of entangled legal concepts. The merger of fact and value in these concepts explains both the fertility of appellate adjudication and the constraints judges work with when they work with legal concepts that entangle fact and value. (shrink)

In this article, we address a major outstanding question of probabilistic Bayesian epistemology: how should a rational Bayesian agent update their beliefs upon learning an indicative conditional? A number of authors have recently contended that this question is fundamentally underdetermined by Bayesian norms, and hence that there is no single update procedure that rational agents are obliged to follow upon learning an indicative conditional. Here we resist this trend and argue that a core set of widely accepted Bayesian norms is (...) sufficient to identify a normatively privileged updating procedure for this kind of learning. Along the way, we justify a privileged formalization of the notion of ‘epistemic conservativity’, offer a new analysis of the Judy Benjamin problem, and emphasize the distinction between interpreting the content of new evidence and updating one’s beliefs on the basis of that content. (shrink)

Parenting our biological children is a centrally important matter, but how, if it all, can it be justified? According to a contemporary influential line of thinking, the acquisition by parents of a moral right to parent their biological children should be grounded by appeal to the value of the intimate emotional relationship that gestation facilitates between a newborn and a gestational procreator. I evaluate two arguments in defence of this proposal and argue that both are unconvincing.

Many of the moral and political disputes that loom large today involve claims (1) in the register of respect and offense that are (2) linked to membership in a subordinated social group and (3) occasioned by symbolic or expressive items or acts. This essay seeks to clarify the nature, stakes, and characteristic challenges of these recurring, but often disorienting, conflicts. Drawing on a body of philosophical work elaborating the moral function of etiquette, I first argue that the claims at issue (...) implicate a communicative apparatus of the same basic kind—a system that I term the “etiquette of equality.” That regime, I suggest, can serve a kindred function of facilitating the expression of morally appropriate attitudes. I also argue, however, that the etiquette of equality exhibits three problematic features that counsel ambivalence about its mounting significance: (1) the costly overdetermination of relevant signals; (2) a recursive tendency toward inflation in respect’s demands; and (3) a related set of incentives for testing, and then affirming, a group’s status through the assertion and symbolic remediation of dignitary harm. The upshot is a better understanding of the trade-offs and predicaments we face in a vital area of public life. (shrink)

Collected essays consider points of affinity and friction between Walter Benjamin and Martin Heidegger. Despite being contemporaries, Walter Benjamin and Martin Heidegger never directly engaged with one another. Yet, Hannah Arendt, who knew both men, pointed out common ground between the two. Both were concerned with the destruction of metaphysics, the development of a new way of reading and understanding literature and art, and the formulation of radical theories about time and history. On the other hand, their life (...) trajectories and political commitments were radically different. In a 1930 letter, Benjamin told a friend that he had been reading Heidegger and that if the two were to engage with one another, “sparks will fly.” Acknowledging both their affinities and points of conflict, this volume stages that confrontation, focusing in particular on temporality, Romanticism, and politics in their work. (shrink)

Kyle Fritz and Daniel Miller’s reply to my article helpfully clarifies their position and our main points of disagreement. Their view is that those who blame hypocritically lack the right to blame for a violation of some moral norm N in virtue of having an unfair disposition to blame others, but not themselves, for violations of N. This view raises two key questions. First, are there instances of hypocritical blame that do not involve an unfair differential blaming disposition? Second, if (...) the answer to the first question is Yes, do hypocritical blamers of this kind lack the right to blame? In this paper, I argue that the answer to the first question is Yes. Given this, Fritz and Miller’s account faces serious problems regardless of whether the answer to the second question is Yes or No. (shrink)

According to the Balancing View of Ought, we ought to perform an action if and only if performing the action is most strongly supported by the balance of our reasons. The Balancing View faces the objection from exclusionary reasons, which are second-order reasons not to act for certain other reasons. According to Joseph Raz, the existence of exclusionary reasons undermines the Balancing View: a reason might tip the balance in favour of performing an act but at the same time be (...) excluded by an undefeated second-order reason, in which case one ought not conform with the balance of reasons. I argue that the Balancing View can be defended against this objection and that the existence of exclusionary reasons is compatible with the Balancing View. (shrink)

Given some of the various possible impacts of clinical germline editing, we can expect robust disagreement about how best to regulate it. One can point to examples of the promise of editing: “rough...

More than ever, it is in vogue to argue that no norms either play a role in or directly follow from the theory of mental content. In this paper, I present an intuitive theory of intentionality (including a theory of mental content) on which norms are constitutive of the intentional properties of attitude and content in order to show that this trend is misguided. Although this theory of intentionality—the teleological theory of intentional representation—does involve a commitment to representational norms, these (...) norms are not problematic in the way critics have suggested they would be. In particular, these norms do not guide thinking by motivating intentional agents to (intentionally) accord with them; as a result, no obvious vicious regress threatens the theory. In the final section of this paper, I argue that accepting this teleological theory of intentionality need not commit one to thinking that intentionality is the product of natural selection. (shrink)

There is consensus within the chemosciences that olfactory perception is of the molecular structure of chemical compounds, yet within philosophical theories of smell there is little agreement about the nature of smell. The paper critically assesses the current state of debate regarding smells within philosophy in the hopes of setting it upon firm scientific footing. The theories to be covered are: Naïve Realism, Hedonic Theories, Process Theory, Odor Theories, and non-Objectivist Theories. The aforementioned theories will be evaluated based on their (...) explanations of the (a) the olfactory quality of a smell, (b) smells as distal entities, and (c) our experience of smells as intentional objects. The paper concludes with a defense of Molecular Structure Theory that demonstrating its superiority in accounting for each of these three aspects of smell. (shrink)

This article is concerned with a puzzle that arises from three initially plausible assumptions that form an inconsistent triad: (i) Epistemic reasons are normative reasons (normativism); (ii) reasons are normative only if conformity with them is good (the reasons/value‐link); (iii) conformity with epistemic reasons need not be good (the nihilist assumption). I start by defending the reasons/value‐link, arguing that normativists need to reject the nihilist assumption. I then argue that the most familiar view that denies the nihilist assumption—epistemic teleology—is untenable. (...) Finally, I consider two alternative ways of accounting for the goodness of conformity with epistemic reasons: it may be good because it accords with the virtue of reasons‐responsiveness, and it may be good because it is good to conform with normative reasons as such. I argue that both of these conceptions avoid the problems of epistemic teleology and merit serious consideration as potential solutions to the puzzle. (shrink)

Which principles govern the transmission of reasons from ends to means? Some philosophers have suggested a liberal transmission principle, according to which agents have an instrumental reason for an action whenever this action is a means for them to do what they have non-instrumental reason to do. In this paper, we (i) discuss the merits and demerits of the liberal transmission principle, (ii) argue that there are good reasons to reject it, and (iii) present an alternative, less liberal transmission principle, (...) which allows us to accommodate those phenomena that seem to support the liberal transmission principle while avoiding its problems. (shrink)

We perceive smells as perduring complex entities within a distal array that might be conceived of as smellscapes. However, the philosophical orthodoxy of Odor Theories has been to deny that smells are perceived as having a distal location. Recent challenges have been mounted to Odor Theories’ veracity in handling the timescale of olfactory perception, how it individuates odors as a distal entities, and their claim that olfactory perception is not spatial. The paper does not aim to dispute these criticisms. Rather, (...) what will be shown is that Molecular Structure Theory, a refinement of Odor Theory, can be further developed to handle these challenges. The theory is further refined by focusing on distal perception that requires considering the perceptual object as mereologically complex persisting odor against a background scene conceived of as a smellscape. What will be offered is an expansion of Molecular Structure Theory to account for distal smell perception within natural environments. (shrink)

Olfactory perception provides a promising test case for enactivism, since smelling involves actively sampling our surrounding environment by sniffing. Smelling deploys implicit skillful knowledge of how our movement and the airflow around us yield olfactory experiences. The hybrid nature of olfactory experience makes it an ideal test case for enactivism with its esteem for touch and theoretical roots in vision. Olfaction is like vision in facilitating the perception of distal objects, yet it requires us to breath in and physically contact (...) the sensory object in a manner similar to touch. The paper offers an analysis of the central theoretical components of enactivism, whose soundness and empirical viability are tested using the empirical literature on sniffing. It will be shown that even if sniffing is an essential component of olfaction, the motoric component is not necessary for perceiving smells, which is contrary to the most crucial tenet of enactivism. Thus, the paper concludes that the theory cannot account for olfactory perception. (shrink)

According to Milner and Goodale’s dual visual systems (DVS) theory, a division obtains between visual consciousness and motor action, in that the visual system producing conscious vision (the ventral stream) is distinct from the one guiding action (the dorsal stream). That there would be this division is often taken (by Andy Clark and others) to undermine the folk view on how consciousness and action relate. However, even if this division obtains, this leaves open the possibility that con- scious ventral information (...) is often transmitted to the uncon- scious dorsal stream and then used to guide action, a possibility seeming to preserve a significant role for consciousness in action. This article assesses this possibility. In course of doing so, we will review those arguments recently having been made against the DVS view on how visual consciousness and action relate (ones due to, e.g., Briscoe and Schwenkler, or Schenk and McIntosh). What we will find is that, if we properly analyze the data upon which these arguments are based, we are still left with the impression that the DVS view is largely correct; i.e., it is only rarely that visual experience guides action. (shrink)

Mind &Language, Volume 35, Issue 1, Page 90-114, February 2020.

Bioethicists’ views diverge public opinion on various ethical issues, particularly in healthcare. For instance, bioethicists generally oppose payment for organs and advocate for preventing death at any age, whereas the public is more supportive of organ payment and prioritizing younger patients. I offer four arguments on how best to view this divergence. (a) Bioethicists’ specialized training, objectivity, and reliance on research often lead to views that differ from those of the public, which may be less informed and more influenced by (...) biases. (b) Further, divergence between expert and public opinion is a normal and sometimes necessary aspect of bioethics. Divergence can lead to more informed and progressive ethical practices. (c) While public input is valuable, achieving meaningful engagement is difficult due to varying values, risk perceptions, and socioeconomic circumstances. Effective bioethics would balance expert knowledge with public input, aiming for policies that are both scientifically sound and democratically legitimate. (d) Maintaining public trust in bioethics does not require full alignment with public opinion. Instead, bioethicists should focus on educating the public and incorporating informed public perspectives into their analysis and recommendations. (shrink)

The unusually loyal supporters of Donald Trump are often described as a cult. How can we understand this extreme phenomenon in U.S. politics? We develop theoretical expectations and use the Big Five personality dimensions to investigate whether Trump's most loyal supporters share personality characteristics that might make them inclined to cult-like support. We find that (1) Trump's supporters share high levels of Conscientiousness; (2) this is substantively and statistically distinguishable from the commonly identified association between Conscientiousness and Conservatism; and (3) (...) the association is highly robust to a range of sensitivity tests. Our main findings are robust across two surveys. Study 1 is an online survey conducted in 2021 designed specifically for this project. Study 2 is the 2016 American National Election Study (ANES). (shrink)

The motivational constraint on normative reasons says that a consideration is a normative reason for an agent to act only if it is logically possible for the agent to act for that reason, or at least to be moved so to act. The claim figures Zelig-like in philosophical debates about practical reasons: on hand, occasionally prominent, but never the focus of discussion. However, because it is entailed by a number of prominent views about normative reasons—including various forms of internalism and (...) some views that closely connect reasons to good practical reasoning—its truth or falsehood has important implications. Mark Schroeder (2007) and Julia Markovits (2014) have recently criticized the Motivational Constraint on the grounds of so-called “elusive reasons”: reasons for some agent to act that are such that it is logically impossible both that they are normative reasons for that agent and the agent is moved to act for those reasons. In response, a number of philosophers (Sinclair 2016; Ridge and McKeever 2012; Paakkunainen 2017) have attempted to reconcile blindspot reasons with the motivational constraint. My aim in this paper is to show that these conciliatory strategies fail to overcome the challenge posed by elusive reasons. First, I examine each strategy and argue that it unsuccessful on its own terms. Second, I adduce another type of elusive reason not heretofore discussed in the literature, and I argue that these strategies also cannot make this kind of reason consistent with the motivational constraint. Finally, I defend the existence of this kind of reason against an important objection. (shrink)

Here, I explore a modernist aesthetics of death metal. First, I briefly describe a few themes that characterize some modern art, without any claim that they are necessary, sufficient, or exhaustive. The goal is to obtain a set of themes that might be set against similar themes characteristic of death metal. This is the task in the second half of the paper. In particular, I argue that (some) modernist art and death metal share themes centered on transgressively breaking with the (...) past, pursue their conception of the truth, eliminate elements in their art form to purity them, and attack the art/non-art or music/non-music distinction. I contend that centering on death metal vocals reflects these themes. Death metal growls, like some modernist art, transgresses on past vocal traditions, tells us important truths, eliminates traditional concepts/techniques of signing, and undermines the singing/noise distinction. (shrink)

An increasing number of regulations propose the notion of ‘AI audits’ as an enforcement mechanism for achieving transparency and accountability for artificial intelligence (AI) systems. Despite some converging norms around various forms of AI auditing, auditing for the purpose of compliance and assurance currently have little to no agreed upon practices, procedures, taxonomies, and standards. We propose the ‘criterion audit’ as an operationalizable compliance and assurance external audit framework. We model elements of this approach after financial auditing practices, and argue (...) that AI audits should similarly provide assurance to their stakeholders about AI organizations’ ability to govern their algorithms in ways that mitigate harms and uphold human values. We discuss the necessary conditions for the criterion audit, and provide a procedural blueprint for performing an audit engagement in practice. We illustrate how this framework can be adapted to current regulations by deriving the criteria on which ‘bias audits’ for hiring algorithms can be performed, as required by the recently effective New York City Local Law 144 of 2021. We conclude by offering critical discussion on the benefits, inherent limitations, and implementation challenges of applying practices of the more mature financial auditing industry to AI auditing where robust guardrails against quality assurance issues are only starting to emerge. Our discussion as informed by experiences in performing these audits in practice highlights the critical role that an audit ecosystem plays in ensuring the effectiveness of such methodology. (shrink)

According to a widely held view, epistemic reasons are normative reasons for belief – much like prudential or moral reasons are normative reasons for action. In recent years, however, an increasing number of authors have questioned the assumption that epistemic reasons are normative. In this article, I discuss an important challenge for anti-normativism about epistemic reasons and present a number of arguments in support of normativism. The challenge for anti-normativism is to say what kind of reasons epistemic reasons are if (...) they are not normative reasons. I discuss various answers to this challenge and find them all wanting. The arguments for normativism each stress a certain analogy between epistemic reasons and normative reasons for action. Just like normative reasons for action, epistemic reasons provide partial justification; they provide premises for correct reasoning; they constitute good bases for the responses they are reasons for; and they are reasons for which agents can show these responses without committing a mistake. In each case, I argue that the relevant condition is plausibly sufficient for the normativity of a reason, and that normativism is in any case in a much better position to explain the analogy than anti-normativism. (shrink)

Partiality is the special concern that we display for ourselves and other people with whom we stand in some special personal relationship. It is a central theme in moral philosophy, both ancient and modern. Questions about the justification of partiality arise in the context of enquiry into several moral topics, including the good life and the role in it of our personal commitments; the demands of impartial morality, equality, and other moral ideals; and commonsense ideas about supererogation. This paper provides (...) an overview of the debate on the ethics of partiality through the lens of the domains of permissible and required partiality. After outlining the conceptual space, I first discuss agent-centred moral options that concern permissions not to do what would be impartially optimal. I then focus on required partiality, which concerns associative duties that go beyond our general duties to others and require us to give special priority to people who are close to us. I discuss some notable features of associative duties and the two main objections that have been raised against them: the Voluntarist and the Distributive objections. I then turn to the justification of partiality, focusing on underivative approaches and reasons-based frameworks. I discuss the reductionism and non-reductionism debate: the question whether partiality is derivative or fundamental. I survey arguments for ‘the big three’, according to which partiality is justified by appeal to the special value of either projects, personal relationships, or individuals. I conclude by discussing four newly emerging areas in the debate: normative transitions of various personal relationships, relationships with AI, epistemic partiality, and negative partiality, which concerns the negative analogue of our positive personal relationships. (shrink)

This entry is composed of three sections. In §1, we survey debates about what structural rationality is, including the emergence of the concept in the contemporary literature, its key characteristics, its relationship to substantive rationality, its paradigm instances, and the questions of whether these instances are unified and, if so, how. In §2, we turn to the debate about structural requirements of rationality – including controversies about whether they are “wide-scope” or “narrow-scope”, synchronic or diachronic, and whether they govern processes (...) or states; as well as examining various forms of skepticism about structural requirements of rationality. In §3, we turn to the debate about the normative significance of structural rationality, surveying central challenges for the view that structural rationality is normatively significant and the theoretical options that arise in light of these challenges. (shrink)

Reductive representationalist theories of consciousness are yet to produce a satisfying account of pain’s affective component, the part that makes it painful. The paramount problem here is that that there seems to be no suitable candidate for what affective experience represents. This article suggests that affective experience represents the Darwinian fitness effects of events. I argue that, because of affective experience’s close association with motivation, natural selection will work to bring affect into covariance with the average fitness effects of types (...) of event, and that this covariance makes fitness effects a promising candidate for what affect represents. I also argue that this account is to be preferred to Cutter and Tye’s recent proposal that affect represents harmfulness, and answer an objection that Aydede and Fulkerson recently offered against representational accounts of affect. (shrink)

In spite of its significance for everyday and philosophical discourse, the explanatory connective has not received much treatment in the philosophy of logic. The present paper develops a logic for based on systematic connections between and the truth-functional connectives.

In this essay, I argue that the objections that have been raised against the view that equality is intrinsically valuable also provide objections to the view that all practical reasons can be explained in terms of value. Plausible egalitarian principles entail that under certain conditions people have claims to an equal share. These claims entail reasons to distribute goods equally that cannot be explained by value if equality has no intrinsic value.

According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions supported by the relevant (...) reasons (e.g. keeping a valid promise or respecting property) can be argued to have a certain kind of value, I argue that this value presupposes a moral right, and therefore cannot explain the reason. Reflection on such cases suggest the conclusion that reasons that are subject to normative powers are generally not value-based. This also has important implications for the dialectic between ‘value-first’ and ‘reasons-first’ approaches to normativity. (shrink)

In diesem Beitrag möchte ich Argumente für zwei Thesen vorbringen. Erstens möchte ich darlegen, dass der Ausschluss vom Wahlrecht durch eine Altersgrenze rechtfertigungsbedürftig ist. Zweitens werde ich argumentieren, dass es keine hinreichende Rechtfertigung für diesen Ausschluss gibt. Wenn beide Behauptungen richtig sind, dann folgt, dass wir die Altersgrenze beim Wahlrecht abschaffen sollten. Meiner Auffassung nach reicht es also nicht, dass wir das Wahlalter von 18 auf ein geringeres Alter wie 16 oder 14 herabsetzen, wie häufig gefordert wird. Vielmehr sollte jeder (...) Mensch unabhängig von seinem Alter die Möglichkeit bekommen, sich selbstständig als Erstwähler zu registrieren und dann auch wählen zu gehen. (shrink)

Hypocrisy is widely thought to be morally objectionable in a way that undermines the hypocrite’s moral standing to blame others. To wit, we seem to intuitively accept the “Nonhypocrisy Condition:” R has the standing to blame S for some violation of a moral norm N only if R’s blaming S is not hypocritical. This claim has been the subject of intensifying philosophical investigation in recent years. However, we can only understand why hypocrisy is morally objectionable and has an effect on (...) standing to blame if we can correctly characterize hypocrisy itself. Unfortunately, some recent discussions fail to do this, which fatally undermines subsequent arguments concerning the effect of hypocrisy on the standing to blame. This paper’s central aim is to develop and defend a better account of hypocrisy. The hope is that with such an account in hand, we can explain and perhaps justify our moral aversion to hypocrisy in general as well as the Nonhypocrisy Condition in particular. (shrink)

The principle of indifference states that in the absence of any relevant evidence, a rational agent will distribute their credence equally among all the possible outcomes under consideration. Despite its intuitive plausibility, PI famously falls prey to paradox, and so is widely rejected as a principle of ideal rationality. In this article, I present a novel rehabilitation of PI in terms of the epistemology of comparative confidence judgments. In particular, I consider two natural comparative reformulations of PI and argue that (...) while one of them prescribes the adoption of patently irrational epistemic states, the other provides a consistent formulation of PI that overcomes the most salient limitations of existing formulations. (shrink)

Deflationary positions have been defended in many areas of philosophy. Most prominent are semantic deflationism about truth and reference, and meta-ontological deflationism, according to which existence has no deep nature and the standard neo-Quinean approach to ontology is misguided. Although both kinds of views have generated much discussion, surprisingly little attention has been paid to the question of how they relate to each other. Are they independent, is it advisable to hold them all at once, or do they even entail (...) each other? One exception is Amie Thomasson, who has argued that semantic deflationism actually entails meta-ontological deflationism. This is unexpected, since semantic deflationism is usually regarded as much less controversial than meta-ontological deflationism. In our paper, we will argue that Thomasson’s argument fails though, and that the connection between the views is in fact weaker than she makes them out to be. (shrink)

In this paper I present an argument for the claim that you ought to do something only if you may believe that you ought to do it. More exactly, I defend the following principle about normative reasons: An agent A has decisive reason to φ only if she also has sufficient reason to believe that she has decisive reason to φ. I argue that this principle follows from the plausible assumption that it must be possible for an agent to respond (...) correctly to her reasons. In conclusion, I discuss some implications of this argument (given that some other standard assumptions about reasons hold). One such implication is that we are always in a position to be justified in believing all truths about what we have decisive reason (or ought) to do. (shrink)

Hypocrisy is a ubiquitous feature of moral and political life, and accusations of hypocrisy a ubiquitous feature of moral and political discourse. Yet it has been curiously under-theorized in analytic philosophy. Fortunately, the last decade has seen a boomlet of articles that address hypocrisy in order to explain and justify conditions on the so-called “standing” to blame (Wallace 2010; Friedman 2013; Bell 2013; Todd 2017; Herstein 2017; Roadevin 2018; Fritz and Miller 2018). Nevertheless, much of this more recent literature does (...) not adequately address the question, “what is hypocrisy?” In this paper, I develop and defend an account of hypocrisy as vicious, value-expressing inconsistency. I show how this account solves some traditional and some novel philosophical puzzles concerning hypocrisy and affords a deeper understanding of the features of hypocrisy emphasized by other prominent accounts. (shrink)

If you ought to perform a certain act, and some other action is a necessary means for you to perform that act, then you ought to perform that other action as well – or so it seems plausible to say. This transmission principle is of both practical and theoretical significance. The aim of this paper is to defend this principle against a number of recent objections, which (as I show) are all based on core assumptions of the view called actualism. (...) I reject actualism, provide an alternative explanation of its plausible features, and present an independent argument for the transmission principle. (shrink)

Local Recurrency Theory (LR) holds that recurrent loops of neural activity localized to the visual cortex are necessary and sufficient for visual consciousness (if certain background conditions obtain). LR’s popularity has recently waned in favor of theories holding that higher-level types of processing are necessary for consciousness (for example, the Global Neuronal Workspace Theory and Higher-order Theory). This has been in part because of empirical evidence thought to disconfirm LR. However, these competing theories now face challenges of their own, often (...) coming in the form of evidence showing that higher-level brain areas (that is, in the prefrontal cortex) are probably not essential for consciousness. Given growing challenges to LR's competitors, it would be timely to re-assess the prospects for LR. This article carries out such an investigation, first laying out the theory precisely, then going on to survey the evidence presented against it. What will be found is that none of the evidence necessarily undermines LR, but instead just fosters its theoretical enrichment. The overall conclusion: LR remains among our most promising neuroscientific theories of visual consciousness. (shrink)

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore endorse (...) treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)

It is a consequence of the theory of imprecise credences that there exist situations in which rational agents inevitably become less opinionated toward some propositions as they gather more evidence. The fact that an agent's imprecise credal state can dilate in this way is often treated as a strike against the imprecise approach to inductive inference. Here, we show that dilation is not a mere artifact of this approach by demonstrating that opinion loss is countenanced as rational by a substantially (...) broader class of normative theories than has been previously recognised. Specifically, we show that dilation-like phenomena arise even when one abandons the basic assumption that agents have (precise or imprecise) credences of any kind, and follows directly from bedrock norms for rational comparative confidence judgements of the form `I am at least as confident in p as I am in q'. We then use the comparative confidence framework to develop a novel understanding of what exactly gives rise to dilation-like phenomena. By considering opinion loss in this more general setting, we are able to provide a novel assessment of the prospects for an account of inductive inference that is not saddled with the inevitability of rational opinion loss. (shrink)

Actualists hold that contrary-to-duty scenarios give rise to deontic dilemmas and provide counterexamples to the transmission principle, according to which we ought to take the necessary means to actions we ought to perform. In an earlier article, I have argued, contrary to actualism, that the notion of ‘ought’ that figures in conclusions of practical deliberation does not allow for deontic dilemmas and validates the transmission principle. Here I defend these claims, together with my possibilist account of contrary-to-duty scenarios, against Stephen (...) White’s recent criticism. (shrink)

In this paper, I develop a theory of how claims about an agent’s normative reasons are sensitive to the epistemic circumstances of this agent, which preserves the plausible ideas that reasons are facts and that reasons can be discovered in deliberation and disclosed in advice. I argue that a plausible theory of this kind must take into account the difference between synchronic and diachronic reasons, i.e. reasons for acting immediately and reasons for acting at some later point in time. I (...) provide a general account of the relation between synchronic and diachronic reasons, demonstrate its implications for the evidence-sensitivity of reasons and finally present and defend an argument for my view. (shrink)

Permissivism about rationality is the view that there is sometimes more than one rational response to a given body of evidence. In this paper I discuss the relationship between permissivism, deference to rationality, and peer disagreement. I begin by arguing that—contrary to popular opinion—permissivism supports at least a moderate version of conciliationism. I then formulate a worry for permissivism. I show that, given a plausible principle of rational deference, permissive rationality seems to become unstable and to collapse into unique rationality. (...) I conclude with a formulation of a way out of this problem on behalf of the permissivist. (shrink)

Common sense suggests that visual consciousness is essential to skilled motor action, but Andy Clark—inspired by Milner and Goodale's dual visual systems theory—has appealed to a wide range of experimental dissociations to argue that such an assumption is false. Critics of Clark's argument contend that the content driving motor action is actually within subjects' experience, just not easily discovered. In this article, I argue that even if such content exists, it cannot be guiding motor action, since a review of current (...) visual neuroscience indicates that the visual brain areas producing conscious representations are distinct from those driving motor action. (shrink)

Suppositions can be introduced in either the indicative or subjunctive mood. The introduction of either type of supposition initiates judgments that may be either qualitative, binary judgments about whether a given proposition is acceptable or quantitative, numerical ones about how acceptable it is. As such, accounts of qualitative/quantitative judgment under indicative/subjunctive supposition have been developed in the literature. We explore these four different types of theories by systematically explicating the relationships canonical representatives of each. Our representative qualitative accounts of indicative (...) and subjunctive supposition are based on the belief change operations provided by AGM revision and KM update respectively; our representative quantitative ones are offered by conditionalization and imaging. This choice is motivated by the familiar approach of understanding supposition as `provisional belief revision' wherein one temporarily treats the supposition as true and forms judgments by making appropriate changes to their other opinions. To compare the numerical judgments recommended by the quantitative theories with the binary ones recommended by the qualitative accounts, we rely on a suitably adapted version of the Lockean thesis. Ultimately, we establish a number of new results that we interpret as vindicating the often-repeated claim that conditionalization is a probabilistic version of revision, while imaging is a probabilistic version of update. (shrink)

Vitoria’s 1537 lecture On the American Indians asserts moral equality and fundamental rights for all humans but is contradicted by the significant inequalities between Spanish conquistadores and indigenous peoples of Mexico and Peru. Despite recognizing these rights, Vitoria’s vision supports an unequal Euro-American relationship regarding territorial sovereignty, self-defense, self-determination, and religious freedom. His insights have implications for contemporary international law concerning indigenous rights. However, his theological framework limits this potential. To better address indigenous issues today, I advocate reframing Vitoria’s perspective (...) by replacing his natural law-based human-rights essentialism with a naturalistic approach that views human rights as social constructs. This shift can help develop international law to prevent violent interactions and promote equality between indigenous and non-indigenous peoples, reducing reliance on nation states to safeguard indigenous rights. Received: 03 August 2023 Accepted: 18 April 2024. (shrink)

We use a theorem from M. J. Schervish to explore the relationship between accuracy and practical success. If an agent is pragmatically rational, she will quantify the expected loss of her credence with a strictly proper scoring rule. Which scoring rule is right for her will depend on the sorts of decisions she expects to face. We relate this pragmatic conception of inaccuracy to the purely epistemic one popular among epistemic utility theorists.

In recent years, a new generation of activists has reinvigorated debate over the public commemorative landscape. While this debate is in no way limited to statues, it frequently crystallizes around public representations of historical figures who expressed support for the oppression of certain groups or contributed to their past or present oppression. In this paper, I consider what should be done about such representations. A number of philosophers have articulated arguments for modifying or removing public monuments. Joanna Burch-Brown (2017) grounds (...) her argument for removal in what I call the “honorific” function of such representations—the ways in which they express and tend to cultivate admiration for their subjects. In the first two sections of the paper, I develop a novel argument for modifying these representations based on this insight. I argue that leaving such representations unmodified in the public space tends to undermine the dignity of members of oppressed groups as well as their assurance that society and government are committed to their rights and constitutional entitlements. In the paper’s third section, I develop a “balancing test” for determining whether the relevant moral and pragmatic considerations favor making a particular representation inaccessible to the public, or recontextualizing it for public consumption. Unlike some of the existing philosophical treatments of honorific representations that focus on particular monuments, this balancing test is designed for general application to any honorific representation that satisfies the presumptive case for modification. To conclude, I offer some reasons why weak forms of recontextualization that do not involve altering institutional context may often be an insufficient remedy for the problems I describe. (shrink)

John Broome argues that rationality cannot consist in reasons-responsiveness since rationality supervenes on the mind, while reasons-responsiveness does not supervene on the mind. I here defend this conception of rationality by way of defending the assumption that reasons-responsiveness supervenes on the mind. Given the many advantages of an analysis of rationality in terms of reasons-responsiveness, and in light of independent considerations in favour of the view that reasons-responsiveness supervenes on the mind, we should take seriously the backup view, a hypothesis (...) that explains why reasons-responsiveness supervenes on the mind even though paradigmatic reasons are external facts. I argue that Broome’s objections to the backup view, as well as his more general objection to the thesis that reasons-responsiveness supervenes on the mind, do not succeed. (shrink)

The first part of this paper surveys five perspectives in Kant’s philosophy on the quantity of retribution to be inflicted on wrongdoers, ordered by two dimensions of difference – whether they are theoretical or practical perspectives, and the quantity of retribution they prescribe: (1) theoretical zero, the perspective of theoretical philosophy; (2) practical infinity, the perspective of God and conscience; (3) practical equality, the perspective of punishment in public law; (4) practical degrees, the perspective we adopt in private relations to (...) others and (5) practical zero, a perspective I argue is entailed by Kant’s doctrine of strict right, which is his justification of coercing compliance with public law. Kant acknowledges 1–4 but not 5. The second part draws on Kant’s account of the burden of proof in criminal law to argue that Kant is wrong to adopt 3 in responding to criminals, and that we ought to adopt 5 instead. (shrink)

People loved for their beauty and cheerfulness are not loved as irreplaceable, yet people loved for “what their souls are made of” are. Or so literary romance implies; leading philosophical accounts, however, deny the distinction, holding that reasons for love either do not exist or do not include the beloved’s distinguishing features. In this, I argue, they deny an essential species of love. To account for it while preserving the beloved’s irreplaceability, I defend a model of agency on which people (...) can love each other for identities still being created, through a kind of mutual improvisation. (shrink)