What follows is an attempt to do some conceptual housekeeping around the notion of secret law as provided by Christopher Kutz (2013). First I consider low-salience (or merely obscure) law, suggesting that it fails to capture the legal and moral facts that are at stake in the case which Kutz used to motivate it. Then I outline a theoretical contrast between mere obscurity and secrecy, in contrast to the 'neutral' account of secrecy provided by Sissela Bok (1989). The upshot of (...) the two sections is that low-salience law is neither secret law nor necessarily problematic, though it closely resembles a kind of law that is both secret and problematic: namely, those legal obscurities that subvert manifest interests related to the informational needs of citizens. The ensuing argument undermines the fiction of constructive presence found in Austin and Blackstone. (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)

This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I argue that (...) motives of honor, as Kant conceives it, require a rational person to will her own execution, were she to commit murder. (shrink)

To vindicate morality against skeptical doubts, Kant must show that agents can be moved to act independently of their sensible desires. Kant must therefore answer a motivational question: how does an agent get from the cognition that she ought to act morally to acting morally? Affectivist interpretations of Kant hold that agents are moved to act by feelings, while intellectualists appeal to cognition alone. To overcome the significant shortcomings of each view, I develop a hybrid theory of motivation. My central (...) interpretive claim is that Kant is a special kind of motivational internalist: on his view, agents are moved to act by a feeling of intellectual pleasure at the prospect of accomplishing a task they have set for themselves, a feeling that originates in free choice. The resulting theory is immune to the challenges facing intellectualism and affectivism, thus strengthening the prospects of Kant’s justification of morality. (shrink)

One of the many arguments against capital punishment is that execution is irrevocable. At its most simple, the argument has three premises. First, legal institutions should abolish penalties that do not admit correction of error, unless there are no alternative penalties. Second, irrevocable penalties are those that do not admit of correction. Third, execution is irrevocable. It follows that capital punishment should be abolished. This paper argues for the third premise. One might think that the truth of this premise is (...) self-evident. But in his paper “Is the Death Penalty Irrevocable?” Mike Davis argues that it is false: the death penalty is not irrevocable. While Davis’ argument is itself somewhat compelling, it receives additional support from work in the metaphysics of death, specifically the literature on posthumous harm. Strengthened in this way, the argument deserves careful consideration. I begin with a quick sketch of Davis’ argument, then show how the Pitcher-Feinberg theory of posthumous harm enables a more robust argument against the irrevocability of capital punishment, defending their theory of harm against standard objections in the literature. Having established the coherency of the robust argument, I conclude that it nevertheless fails to make the case against irrevocability. This is because it ignores the full set of practical requirements incumbent on legal institutions that wrongly punish someone. (shrink)

Half of the drug offenders incarcerated in the United States are black, even though whites and blacks use and sell drugs at the same rate, and blacks make up only 13 percent of the population. Noncomparativists about retributive justice see nothing wrong with this picture; for them, an offender’s desert is insensitive to facts about other offenders. By contrast, comparativists about retributive justice assert that facts about others can partially determine an offender’s desert. Not surprisingly, comparativists, especially comparative egalitarians, contend (...) that differential punishment is retributively unjust. I agree with this assessment, but take issue with the reasons egalitarians cite in its favor. In this paper, I argue that differential punishment violates retributive justice because it contributes to structural racial oppression. Over the course of developing and defending this claim, I identify the shortcomings of both comparative egalitarianism and respectarianism, which is the most popular and plausible brand of noncomparativism. (shrink)

This paper advocates for a general policy of penal leniency: judges should often sentence offenders to a punishment less severe than initially preferred. The argument’s keystone is the relatively uncontroversial Minimal Invasion Principle (MIP). MIP says that when more than one course of action satisfies a state’s legitimate aim, only the least invasive is permissibly pursued. I contend that MIP applies in two common sentencing situations. In the first, all sentences within a statutorily specified range are equally proportionate. Here MIP (...) applies directly. In the second, judges reasonably believe that one of the sentences within the range is the most proportionate, but can’t identify it with any certainty. In these cases of sentencing uncertainty, judges must be indifferent between their preferred sentence and a softer one, and this indifference triggers MIP. MIP thus frequently mandates some degree of leniency. I conclude with some comments on statistical uncertainty. (shrink)

This chapter offers a proceduralist argument against capital punishment. More specifically, it contends that the possibility of irrevocable mistakes precludes the just administration of the death penalty. At stake is a principle of political morality: legal institutions must strive to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The incompatibility of remedy and execution is the crux of the irrevocability argument: because the wrongly executed cannot enjoy the morally required compensation, execution is impermissible. Along with defending (...) his key premises, Yost explains the complicated role that sentencing uncertainty plays in the argument. He concludes by noting some of the flaws in substantive consequentialist and retributivist justifications of capital punishment. (shrink)

Kant famously insists that free will is a condition of morality. The difficulty of providing a demonstration of freedom has left him vulnerable to devastating criticism: critics charge that Kant's post-Groundwork justification of morality amounts to a dogmatic assertion of morality's authority. My paper rebuts this objection, showing that Kant offers a cogent demonstration of freedom. My central claim is that the demonstration must be understood in practical rather than theoretical terms. A practical demonstration of x works by bringing x (...) into existence, and what the demonstration of freedom brings into existence is a moral will, a will regulated by the moral law and capable of acting in accordance with it. Since to act morally is to act freely, bringing a moral will into existence actualizes our capacity for freedom and demonstrates that we possess it. To confirm the viability of such a demonstration, Kant must establish that agents can regulate their wills by practical principles, and that practical judgments are efficacious of themselves (i.e., that non-Humean motivational internalism is true). Kant, I argue, is successful on both counts. (shrink)

Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines and incarceration narrow (...) one’s routes to happiness, death eliminates its possibility. Not surprisingly, there is much debate about the moral permissibility of capital punishment. This entry maps the terrain of this debate. The first section discusses justifications of the death penalty as they appear in major theories of punishment. The second section surveys moral objections to execution that apply to most justifications. The third addresses procedural criticisms, which do not target the morality of execution so much as the justice of its implementation. (shrink)

Most readers believe that it is difficult, verging on the impossible, to extract concrete prescriptions from the ethics of Emmanuel Levinas. Although this view is largely correct, Levinas’ philosophy can, with some assistance, generate specific duties on the part of legal actors. In this paper, I argue that the fundamental premises of Levinas’ theory of justice can be used to construct a prohibition against capital punishment. After analyzing Levinas’ concepts of justice, responsibility, and interruption, I turn toward his scattered remarks (...) on legal institutions, arguing that they enable a sense of interruption specific to the legal domain. It is here that we find the conceptual resources most important to my Levinasian abolition. I argue that the interruption of legal justice by responsibility implies what I call the principle of revisability. The principle of revisability states a necessary condition of just legal institutions: To be just, legal institutions must ensure the possibility of revising any and all of their rules, principles, and judgments. From this, the argument against capital punishment easily follows. Execution is a legal act, perhaps the only legal act, that cannot be undone. An application of the principle of revisability to this fact leads to the conclusion that legal institutions cannot justly impose capital punishment. After defending these points at length, I conclude with some observations on the consequences of the principle of revisability for law more generally. (shrink)

The first part of this chapter defends the claim that the over-incarceration of disadvantaged social groups is unjust. Many arguments for penal reform are based on the unequal distribution of punishment, most notably disproportionate punishment of the poor and people of color. However, some philosophers use a noncomparative conception of desert to argue that the justice of punishment is independent of its distribution. On this view, which has significant influence in 14th Amendment jurisprudence, unequal punishment is not unjust. After detailing (...) the “noncomparativist challenge,” this chapter argues that Levinasian conceptions of desert enable a theory of penal justice according to which comparative considerations are essential. In so doing, it shows that the noncomparativist challenge can be met. The chapter concludes by considering whether Levinasian conceptions of desert and responsibility show members of socially advantaged groups to be more blameworthy for their wrongdoing than members of disadvantaged groups. (shrink)

This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of Leviathan’s treatment of civil law, and argue (...) that the pragmatic interpretation can only be successful if we can resolve two textual issues in that chapter. First, while Hobbes argues that law entails the existence of public (sharable) reasons, he does not adequately defend the view that the sovereign is the unique authority over such reasons in all cases, especially as far as they concern known collective emergencies. Second, Hobbes both affirms and denies that a sovereign can fail to do justice, which is paradoxical. Both problems are best resolved by legal pragmatism, though the second problem resists a fully satisfying resolution. The upshot is that, although Leviathan ought to be regarded as an episode of legal pragmatism, there are trade-offs on every reading. (shrink)

Is a phenomenal pain a conscious primitive or composed of more primitive phenomenal states? Are pain experiences necessarily or only contingently unpleasant? Here, I sketch how to answer such questions concerning intra-phenomenal metaphysics using the example of pain and unpleasantness. Arguments for a symmetrical metaphysical independence of phenomenal pain and unpleasant affect are presented, rejecting a composite view like the IASP definition and dimensional views. The motivating intuition of these views is explained by common binding mechanisms in consciousness and characterized (...) as fallacious if generalized. There are, however, underlying commonalities between pain perception and unpleasant affect, e.g. formal content or evolutionary ancestry. (shrink)

This paper argues that it is prudentially wise to defer to groups about how they are essentially constituted and defined. After a few words situating the paper in my greater research project (§1), I articulate the kind of deference I have in mind (§2). Then I offer two conditional arguments on why it is epistemically desirable to let other people tell you how they ought to be identified (§3). The first argument is that people are owed lexical sovereignty because denying (...) it is absurd; the second is that modest skeptics ought to agree with it on the basis of some relatively anodyne and plausible epistemic considerations. (shrink)

In this paper, I outline a theory of social kinds. A general theory of social kinds has to set out at least three conditions: existence conditions, persistence conditions, and identity conditions. For the sake of expediency, I focus on the existence and persistence conditions. The paper is organized just as life: first with existence, then persistence. I argue that anti-realism is more attractive than realism as an account of the existence conditions, despite the fact that realism has been under-appreciated. Then (...) I argue for a particular theory of the persistence conditions, which I call the basic overlapping traits theory (BOTT), based on an analogy to an approach to personal identity. The upshot of the argument is that from an anti-realist metaphysics we have the capacity to discuss a wider diversity of social phenomena. (shrink)

The very idea of promulgation has been given little to no treatment in the philosophy of law. In this exploratory essay, I introduce three possible theories of promulgation: the ‘no-theory theory’ (which treats promulgation as a matter of particular contexts), the ‘conveyance theory’ (which treats promulgation as a function of intellectual good faith interpreters), and ‘agonistic theory’ (which treats promulgation as indistinguishable from propaganda). I suggest that (at least) three kinds of models are consistent with the theories, and can potentially (...) help us understand when law is successfully promulgated in particular legal contexts: the spread model, the chain model, and the memetic model. I end the paper by comparing the two theories with respect to a case study. Throughout I will show that the conveyance and agonistic theories have a serious advantage over the no-theory theory, in that they allow us to comparatively examine the epistemic weaknesses of diverse theories about the grounding of law on the basis of their contents. (shrink)

There at least three ways of thinking about rationality: instrumental, substantive, and intentional. By far, the instrumental account is most influential. This essay proposes that intentional rationality can provide substantive accounts with room to breathe, and in a way that is facially distinct from instrumental accounts. I suggest that the intentionality of a judgment is made up of what it is about and the orientation through which it is judged, while irrationality is the subversion of a strict supporting connection between (...) the judgment and its corresponding set of coordinated attitudes (reasons). It follows that irrational intentionality is made up of episodic states where a judgment is subverted because of a misalignment between what it is about and the way the judge is oriented towards its contents. Four examples of irrational intentionality are considered: passivity towards ends, constitutive ignorance towards facts, delirious paranoia towards objects, and a disjunctive orientation towards categorizations. (shrink)

In this paper I argue that textualism is far less attractive as a theory of written law than some of its modern proponents think. For it is not usually sensible to expect the grammatical meaning of a provision to determine its appropriate legal meaning. Factors that are unrelated to grammar in the identification of law (e.g., legal theory, context) do too much of the work. **Draft -- acknowledgments welcome, but please do not cite.**.

I argue that the understanding of "pain" as presented in the official medical definition by the IASP is ambiguous and likely a cluster concept.

Can we find necessary and sufficient conditions for a mental state to be a pain state? That is, does pain have a nature? Or is the term ‘pain’ ambiguous? I argue here that our expression ‘pain’ lacks necessary use conditions if one considers a range of contexts. As use conditions constrain the reference class, I argue that ‘pain’ does not refer to a natural category, but binds together a bunch of loosely resembling phenomena. This leads to problems for scientific and (...) clinical discourse. To solve these, a method of explication is suggested, based on a discursive combination between analysis of first-person reports and theories of natural science. Lastly, I consider the ethical implications of this ambiguity that lead to a reformulation of the goal of pain science: Not alleviation of all pains ought to be our goal, but only manipulation of conscious and negatively emotionally charged pains. (shrink)

Nicole Hassoun’s sufficientarian theory is based on a particular conception of caring, which she calls ‘care, simpliciter’. However, ‘care, simpliciter’ is not described in any detail. This essay tries to offer a critical revision of Hassoun’s concept of care in a way that would put the MGL theory on its strongest footing. To that end, I will contrast her view with a taxonomy of care that supplements the accounts of care provided by Stephen Darwall and Lori Gruen. I then put (...) forward a form of empathy that is best suited to the MGL theory, which fits the description of ‘care, simpliciter’. **Unpublished manuscript: feel free to cite.**. (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)

Soren Kierkegaard (b. 1813–d. 1855), widely regarded as the father of existentialism, distinguishes three stages of authentic personhood: aesthetic, ethical, and religious. Kierkegaard seems to suggest that people progress through these stages in life. Steve Pavlina, on the other hand, argues that people can create their meaning through conscious actions that require reflection. Using the analytic method, this paper explores Kierkegaard’s theory of stages and man’s path to authentic personhood, comparing and contrasting it with Steve Pavlina's path to enlightenment. An (...) endeavor will be made to show how Kierkegaard's authentic personhood is similar in many ways to Steve Pavlina’s path to enlightenment and also reconcile the struggle for truth found in both of these individuals' philosophies. The conclusion reached is that these two ideologies prove fruitful in other fields of research, e.g. in understanding the stages in the development of the child. -/- . (shrink)

In this article, I explore a Wittgensteinian approach to blasphemy. While philosophy of religion tends to have very little to say about blasphemy, we can note two key, typically unchallenged, assumptions about it. First, there is the Assertion from Anywhere Assumption: whether one can successfully blaspheme is entirely independent of one’s religious views, commitments, or way of life. Second, there is the Act of Communication Assumption: blasphemy is essentially an act of assertion. I contend that a Wittgensteinian approach rejects both (...) assumptions and, thus, reorients our conception of blasphemy. Take two characteristically Wittgensteinian claims. First, religious statements/beliefs have a different ‘grammar’ than empirical propositions. Second (and relatedly), holding religious beliefs necessarily connects with how one lives. Wittgensteinian blasphemy rejects the Assertion from Anywhere Assumption: to blaspheme, one must be in or have been in the religious framework one blasphemes. Being entirely outside of that context divests one’s blasphemy from its proper content. Second, Wittgensteinian blasphemy rejects the Act of Communication Assumption: if religious belief is centrally a form of life, then blasphemy must be lived out as well. Wittgensteinian blasphemy is less about the utterances one makes and more about how one’s life intersects (or fails to intersect) with religiosity. (shrink)

This paper argues that Kant endorses a distinction between rational and natural sympathy, and it presents an interpretation of rational sympathy as a power of voluntarya posterioriproductive imagination. In rational sympathy we draw on the imagination’s voluntary powers (a) to subjectively unify the contents of intuition, in order to imaginatively put ourselves in others’ places, and (b) to associate imagined intuitional contents with the concepts others use to convey their feelings, in such a way that those contents prompt feelings in (...) us that are like their feelings. (shrink)

Kant’s notion of (what I will call) rational sympathy solves a problem about how we can voluntarily fulfill our imperfect duty to adopt those ends of others which have value only because they have been set by rational agents, ends which I will refer to as merely permissible ends (MPEs). Others’ MPEs are individuated in terms of their own concepts of their MPEs, and we can only adopt their MPEs in terms of their concepts, since to adopt them in terms (...) of different concepts would be to adopt different ends. Others’ concepts of their MPEs may contain marks of the first person, and should contain no marks of law apart from permissibility. Rational sympathy allows us to adopt ends individuated in terms of concepts with marks of these kinds because rational sympathy allows us to voluntarily adopt others’ first-person perspectives in imagination, and to voluntarily shape our contingent feelings so that such concepts motivate us despite their underdetermination by law. (shrink)

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

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.

We argue that P. F. Strawson's hugely influential account of moral responsibility in ‘Freedom and Resentment’ (FR) is inextricably bound up with his barely known account of morality in ‘Social Morality and Individual Ideal’ (SMII). Reading FR through the lens of SMII has at least three far-reaching implications. First, the ethics–morality distinction in SMII gives content to Strawson's famous distinction between personal and moral reactive attitudes, which has often been thought to be a merely formal distinction. Second, the ethics–morality distinction (...) sheds light on the scope of moral responsibility in FR, which is narrower than commentators think. Third, Strawson's discussion of morality shows that he was not insensitive to issues of power, as several critics have claimed. The link between morality and power helps to make clear that Strawson allows for criticism of our moral responsibility practices. (shrink)

In the De Anima, Aristotle claims that the five senses are infallible about their proper objects. I contend that this claim means that sight is infallible about its proper object in its most specific form, i. e. sight is infallible about red or green and not merely about color in general. This robust claim is justified by Aristotle’s teleological principle that nature does nothing in vain. Additionally, drawing on Aristotle’s comparison of perception and one’s understanding of the essences, I defend (...) a conception of the senses in which the structure of their contents is simple rather than predicative and show how this coheres better with the rest of my interpretation. (shrink)

In his discussion of normative concepts in the first part of On What Matters (2011), Parfit holds that apart from the ‘ought’ of decisive reason, there are other senses of ‘ought’ which do not imply any reasons. This claim poses a dilemma for his ‘reason-involving conception’ of normativity: either Parfit has to conclude that non-reason-implying ‘oughts’ are not normative. Or else he is forced to accept that normativity needs only to involve ‘apparent reasons’ – a certain kind of hypothetical truths (...) about reasons. I argue that both of these options are inacceptable. In the course of the discussion, I present a general objection to ‘apparent reason accounts’ of the normativity of rationality as advocated not only by Parfit, but also by Schroeder (2009) and Way (2009). (shrink)

In this paper, I discuss a problem for Kant's strategy of appealing to the agent qua noumenon to undermine the significance of determinism in his theory of free will. I then propose a solution. The problem is as follows: given determinism, how can some agent qua noumenon be 'the cause of the causality' of the appearances of that agent qua phenomenon without being the cause of the entire empirical causal series? This problem has been identified in the literature (Ralph Walker (...) provides what is perhaps the most dramatic presentation of it). But it has never received an adequate solution. In this paper, I argue that Walker’s objection is only decisive if we must understand our responsibility as responsibility for events, but not causal laws. I argue that we need not interpret Kant's theory in this way. I demonstrate that each agent qua noumenon could be responsible for "limited instantiation scope" causal laws which necessitate only the phenomenal actions of that same agent qua phenomenon. Part of this project involves showing that there are relevant constituents of actions which are "rare" enough to instantiate such laws. I demonstrate that, on Kant's view, events in agents’ bodies are not rare enough, but events in agents’ phenomenal souls are. (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)

Merleau-Ponty’s appropriation of Gestalt theory in The Structure of Behavior is central to his entire corpus. Yet commentators exhibit little agreement about what lesson is to be learned from his critique, and provide little exegesis of how his argument proceeds. I fill this exegetical gap. I show that the Gestaltist’s fundamental error is to reify forms as transcendent realities, rather than treating them as phenomena of perceptual consciousness. From this, reductivist errors follow. The essay serves not only as a helpful (...) guide through parts of The Structure of Behavior for newcomers, but also offers a corrective to recent trends in philosophy of mind. Such influential commentators as Hubert Dreyfus, Taylor Carmen, and Evan Thompson have, I argue, risked serious misunderstanding of Merleau-Ponty’s view, by mistakenly treating “circular causality” as central to Merleau-Ponty’s own acausal view of forms. -/- [The version archived at Philpapers is closer to the author's preferred format. Formatting requirements in the published version make the section/subsection hierarchy needlessly difficult to follow. There are some changes to content in the published version. Please cite only the published version.]. (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)

We argue for asymmetries between positive and negative partiality. Specifically, we defend four claims: i) there are forms of negative partiality that do not have positive counterparts; ii) the directionality of personal relationships has distinct effects on positive and negative partiality; iii) the extent of the interactions within a relationship affects positive and negative partiality differently; and iv) positive and negative partiality have different scope restrictions. We argue that these asymmetries point to a more fundamental moral principle, which we call (...) Morality’s Harmonious Propensity. According to this principle, morality has a propensity toward preserving positive relationships and dissolving negative ones. (shrink)

I highlight three features of P.F. Strawson’s later, neglected work on freedom and responsibility. First, in response to a criticism by Rajendra Prasad, Strawson explicitly rejects an argument put forward in ‘Freedom and Resentment’ against the relevance of determinism to moral responsibility. Second, his remarkable acceptance of Prasad’s criticism motivates him to take the ‘straight path’, that is, to be straightforward about the relation between determinism, freedom, the ability to do otherwise and the conditions of responsibility. He claims that the (...) ability to do otherwise is a necessary condition of responsibility and provides a list of additional conditions, including a knowledge condition. Third, he clarifies the relation between responsibility, quality of will and the reactive attitudes. The latter do not figure essentially in his answer to the question, ‘What are the conditions of responsibility?’, but they do play an essential role in his answer to the question, ‘Why do we have the concept of responsibility?’ We have it, Strawson suggests, because of our natural concern about the quality of will with which people act, a concern expressed in our reactive attitudes. I argue that, although Strawson’s later work definitely involves a shift of emphasis when compared to ‘Freedom and Resentment’, his overall account of freedom and responsibility is coherent. The later work helps to better understand the nature and significance of Strawson’s contribution, and to identify problems with common interpretations of and objections to ‘Freedom and Resentment’. (shrink)

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)

Asymmetry theories about free will and moral responsibility are a recent development in the long history of the free will debate. Kant commentators have not yet explored the possibility of an asymmetrical reconstruction of Kant's theory of freedom, and that is my goal here. By "free will", I mean the sort of control we would need to be morally responsible for our actions. Kant's term for it is "transcendental freedom", and he refers to the attribution of moral responsibility as "imputation". (...) By "Kant's theory of freedom", I mean not only his theory of transcendental freedom and imputation, but also the various ways in which he draws on these ideas in his moral theory. (shrink)

As genealogy has gained greater disciplinary recognition over the last two decades, it has become increasingly common to call any historically oriented philosophy, such as Theodor W. Adorno’s, “genealogy.” In this article, I show that Adorno’s philosophy performs genealogy’s defining functions of “problematization” and “possibilization.” Moreover, it does so in unique ways that constitute a significant contribution to genealogical practice. Adorno’s method, here called “tragic genealogy,” is particularly well-suited to the genealogical analysis of traditional philosophical problems and to the critical (...) reanimation of declining, but ethically significant, values. Nevertheless, I also argue that Adorno’s philosophy cannot be assimilated into genealogical practice without rejecting or revising some of its Hegelian influences, particularly its philosophy of history and its modal metaphysics. (shrink)

G. A. Cohen conceptualizes socialism as luck egalitarianism constrained by a community principle. The latter mitigates certain inequalities to achieve a shared common life. This article explores the plausibility of the community constraint on inequality in light of two related problems. First, if it is voluntary, it fails as a response to “the abandonment objection” to luck egalitarianism, as it would not guarantee imprudent people sufficient resources to avoid deprivation and to function as equal citizens in a democratic society. Contra (...) Cohenite socialism, this appears unjust. Second, if it is instead enforced, coercive equalization beyond sufficiency-constrained luck egalitarianism, which is possibly necessary to achieve a shared common life, seems to require unjustified restrictions on liberty. I therefore argue that the constraint is most plausibly specified as requiring enforcement of sufficiency and only voluntary equalization thereafter. I also note, skeptically, why this constraint might be morally preferable to a purely sufficientarian alternative. (shrink)

This chapter has two goals. First, I will present an interpretation of Kant’s mature account of punishment, which includes a strong commitment to retributivism. Second, I will sketch a non-retributive, “ideal abolitionist” alternative, which appeals to a version of original position deliberation in which we choose the principles of punishment on the assumption that we are as likely to end up among the punished as we are to end up among those protected by the institution of punishment. This is radical (...) relative to Kant’s mature theory of punishment, but arguably it conforms better to the spirit of Kant’s first Critique remarks on imputation and punishment than his mature theory does. (shrink)

Wittgenstein’s comparison of philosophical methods to therapies has been interpreted in highly different ways. I identify the illness, the patient, the therapist and the ideal of health in Wittgenstein’s philosophical methods and answer four closely related questions concerning them that have often been wrongly answered by commentators. The results of this paper are, first, some answers to crucial questions: philosophers are not literally ill, patients of philosophical therapies are not always philosophers, not all philosophers qualify as therapists, the therapies are (...) not necessarily to be thought of as psychological therapies and the ideal of health does not consist in the end of philosophy. Second, the paper shows that the comparison has had a misleading effect, because properties of therapies have been illegitimately projected onto the philosophical methods advanced by Wittgenstein. (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)

In the Weimar period, Oswald Spengler and Edmund Husserl each published distinct philosophies of history which can be construed as teleological: The Decline of The West (1918) and The Crisis of European Sciences (1936) respectively. These texts arose out of a common historical-cultural climate in Germany and share common diagnoses of Europe’s condition. Yet the two models of teleology and the normative imperatives which characterize their respective methods could not be more distinct. This paper examines the two models and demonstrates (...) how Husserl’s recollective teleology possesses the possibility of cultural salvation against the fatalism imbued in Spengler’s teleology of destiny. In this vein, the author places this paper alongside other recent efforts to show the soteriological character of Husserl’s phenomenology. Far from just another way into philosophy, Crisis presents a distinctly normative and rational method of teleology in the face of Spengler’s aesthetic and prophetic counter-rationalism. (shrink)

Contemporary versions of natural rights libertarianism trace their locus classicus to Robert Nozick’s Anarchy, State, and Utopia. But although there have been many criticisms of the version of political libertarianism put forward by Nozick, many of these fail objections to meet basic methodological desiderata. Thus, Nozick’s libertarianism deserves to be re-examined. In this paper I develop a new argument which meets these desiderata. Specifically, I argue that the libertarian conception of self-ownership, the view’s foundation, implies what I call the Asymmetrical (...) Value Claim: a dubious claim about the importance of choice relative to other valuable capacities. I argue that this misunderstands what is really valuable in life, and show how it causes libertarianism to generate counterintuitive public policy recommendations. (shrink)

Kant’s theory of friendship is crucial in defending his ethics against the longstanding charge of emotional detachment. But his theory of friendship is vulnerable to this charge too: the Kantian sage can appear to reject sympathetic suffering when she cannot help a suffering friend. I argue that Kant is committed to the view that both sages and ordinary people must suffer in sympathy with friends even when they cannot help, because sympathy is necessary to fulfill the imperfect duty to adopt (...) others’ merely permissible ends, and we ought to take friends’ MPEs as our own. MPEs are individuated in terms of concepts which include marks of the first person, and no marks of law other than permissibility. To adopt ends of others individuated in terms of such concepts rather than merely promote them as means to different ends, those concepts must engage with one’s feelings in a way that requires sympathy. (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)