We consider the complex interactions between rape culture and epistemology. A central case study is the consideration of a deferential attitude about the epistemology of sexual assault testimony. According to the deferential attitude, individuals and institutions should decline to act on allegations of sexual assault unless and until they are proven in a formal setting, i.e., a criminal court. We attack this deference from several angles, including the pervasiveness of rape culture in the criminal justice system, the epistemology of testimony (...) and norms connecting knowledge and action, the harms of tacit idealizations away from important contextual factors, and a contextualist semantics for 'knows' ascriptions. (shrink)

Abstract In the last fifteen years philosophers and linguists have turned their attention to slurs: derogatory expressions that target certain groups on the basis of race, gender, sexual orientation, nationality and so on. This interest is due to the fact that, on the one hand, slurs possess puzzling linguistic properties; on the other hand, the questions they pose are related to other crucial issues, such as the descriptivism/expressivism divide, the semantics/pragmatics divide and, generally speaking, the theory of meaning. Despite these (...) recent investigations about pejoratives, there is no widely accepted explanation of slurs:in my paper I consider the intuitions we have about slurs and I assess the difficulties that the main theories encounter in explaining how these terms work in order to identify the phenomena that a satisfactory account of slurs needs to explain. Then, I focus on the pragmatic theories that deal with the notions of conventional implicature and pragmatic presupposition: I assess the objections that have been raised and I propose two ways of defending the presuppositional account, taking into consideration the notion of cancellability. I will claim that the reason why most pragmatic strategies seem to fail to account for slurs is that they assume a rigid divide between conventional implicatures and presuppositions that should not be taken for granted. Reconsidering the relationship between these two notions gives a hint about how a pragmatic account of slurs should look like. Finally, I assess the problem of which presupposition slurs in fact trigger. (shrink)

Counterspeech is communication that tries to counteract potential harm brought about by other speech. Theoretical interest in counterspeech partly derives from a libertarian ideal – as captured in the claim that the solution to bad speech is more speech – and partly from a recognition that well-meaning attempts to counteract harm through speech can easily misfire or backfire. Here we survey recent work on the question of what makes counterspeech effective at remedying or preventing harm, in those cases where it (...) is effective, as well as work investigating when and why there is a duty to engage in counterspeech. We suggest that the most fruitful area for philosophical inquiry on this topic, currently, relates to the questions about efficacy. Specifically, we argue that there is a need for better frameworks for conceptualizing the efficacy of counterspeech. Philosophers have collaborative work to do, alongside social scientists, in developing these frameworks. (shrink)

The Introduction to "Non-Derogatory Uses of Slurs", special issue of Grazer Philosophische Studien.

In this paper we discuss two issues addressed by Stanley in How Propaganda Works: the status of slurs (Section 1) and the notion of positive propaganda (Section 2). In particular, in Section 1 we argue contra Stanley that code words like ‘welfare’ are crucially different from slurs in that the association between the lexical item and an additional social meaning is not as systematic as it is for slurs. In this sense, slurs bring about a special kind of propagandistic effect, (...) even if it typically concerns informal contexts rather than public debates. In Section 2, we consider positive propaganda and its relation to emotional effects. For Stanley, positive propaganda relies on the production of emotional effects, feature which risks to erode rational debates even if there is a good purpose behind. Instead, we argue that positive propaganda can work with no appeal to emotions. To this end, we focus on the use of ‘she’ as the default personal pronoun in academic writing and suggest that this measure can count as positive propaganda which rather than eroding rational debates by relying on emotional effects, closely resembles affirmative action aimed at counterbalance a pre-existing form of injustice and inequality. (shrink)

Recent work in neuroimaging suggests that some patients diagnosed as being in the persistent vegetative state are actually conscious. In this paper, we critically examine this new evidence. We argue that though it remains open to alternative interpretations, it strongly suggests the presence of consciousness in some patients. However, we argue that its ethical significance is less than many people seem to think. There are several different kinds of consciousness, and though all kinds of consciousness have some ethical significance, different (...) kinds underwrite different kinds of moral value. Demonstrating that patients have phenomenal consciousness — conscious states with some kind of qualitative feel to them — shows that they are moral patients, whose welfare must be taken into consideration. But only if they are subjects of a sophisticated kind of access consciousness — where access consciousness entails global availability of information to cognitive systems — are they persons, in the technical sense of the word employed by philosophers. In this sense, being a person is having the full moral status of ordinary human beings. We call for further research which might settle whether patients who manifest signs of consciousness possess the sophisticated kind of access consciousness required for personhood. (shrink)

Bianca-Alexandra Savu ABSTRACT: This article discusses the proposal of accommodating grounding theories and structural realism, with the aim to provide a metaphysical framework for structural realism. Ontic structural realism, one of the most accepted metaphysical versions for structural realism, is taken into account here, with the intention of analyzing the framework in which...

It is generally thought that ought implies can. If this maxim is correct, then my inability to do otherwise entails that I cannot be blamed for failing to do otherwise. In this article, however, I use Harry Frankfurt’s famous argument against the "Principle of Alternative Possibilities" (PAP) to show that the maxim is actually false, that I can be blamed for failing to do otherwise even in situations where I could not have done otherwise. In these situations, I do not (...) act otherwise not because I cannot act otherwise but because I choose not to act otherwise.None. (shrink)

In this paper I focus on the conditions that have to be met for Chisholm’s Paradox (CP) to occur. My claim is that identity and structure are notions closely related to each other. I propose a discussion in which the minimal framework for CP is set, then analyze the paradox in terms of S5, and suggest that in order to capture the core of the paradox one should use a dynamic valuation function for the model. Identity appears, at this point, (...) to be dependent upon a structuralist point of view. (shrink)

Philosophical orthodoxy has it that intentional action consists in one’s intention appropriately causing a motion of one’s body, placing the latter as (conceptually and/or metaphysically) prior to the former. Here I argue that this standard schema should be reversed: acting intentionally is at least conceptually prior to intending. The argument is modelled on a Williamsonian argument for the priority of knowledge developed by Jenifer Nagel. She argues that children acquire the concept KNOWS before they acquire BELIEVES, building on this alleged (...) developmental priority of knowledge to establish its conceptual priority. I start by taking a closer look at Nagel’s argument, canvassing extant objections to do both with the empirical adequacy of her claims and their philosophical implications. Doing so allows me in the second part of the paper to draw lessons that inform the construction of a revamped parallel argument for the priority of ACTS INTENTIONALLY. (shrink)

Actions performed in a state of automatism are not subject to moral evaluation, while automatic actions often are. Is the asymmetry between automatistic and automatic agency justified? In order to answer this question we need a model or moral accountability that does justice to our intuitions about a range of modes of agency, both pathological and non-pathological. Our aim in this paper is to lay the foundations for such an account.

In this chapter, we argue for three theses: (1) we lack the power to form beliefs at will (i.e., directly); at very least, we lack the power to form at will beliefs of the kind that proponents of doxastic voluntarism have in mind; but (2) we possess a propensity to form beliefs for non-epistemic reasons; and (3) these propensities—once we come to know we have them—entail that we have obligations similar to those we would have were doxastic voluntarism true. Specifically, (...) we will argue that we have obligations to avoid triggering these propensities to form beliefs that are unwarranted or even immoral. (shrink)

In this paper, the author examines the concept of "demonic" in Thomas Mann’s novel, Doctor Faustus, under a historical and philosophical perspective. The demonic represents Mann’s attempt to interpret the German history and its tragic turn in 20th century through the fictional mask of the main character’s life, the composer Adrian Leverkühn, who, as Faust before him, made a deal with the devil, losing his soul in exchange for genius and success. The work proceeds from a comparison between Mann’s character (...) of Satan and the theologian Paul Tillich’s idea of demonic expressed in his 1926 essay Das Dämonische. Ein Beitrag zur Sinndeutung der Geschichte, where it is interpreted as a dialectic and ambiguous concept: not merely negative, but also positive in its existing. Tillich’s concept of demonic is strongly connected to Mann’s, who elected music as a mean to express the demonic, precisely for its supreme ambiguity: on one hand it is mathematically structured, on the other it voluptuously attracts the listener to an inarticulate ancient chaos. (shrink)

Le but de ce texte est de mettre en évidence les équi­valences entre la façon dont le concept de conatus résout, dans l'Éthique, le problème de l'unité modale complexe. en rendant consis­tant le concept de chose singulière en tant que celle-ci doit être consi­dérée comme un légitime sujet d'attribution d'états, et la façon dont ce même concept dessine le rapport cognitif de l'esprit avec lui-même, rapport par lequel l'esprit se saisit comme sujet de ses états et qui ca­ractérise la notion (...) moderne de subjectivité. Ainsi, en éclairant cet as­pect du concept spinoziste de chose singulière. on comprendra aussi, de façon indirecte, l'une des conditions par lesquelles les choses peuvent, dans la doctrine spinoziste, devenir des objets ou des signes pour la connaissance humaine. (shrink)

Ce texte propose une justification de la critique que Spinoza adresse à Descartes, par l’intermédiaire de Louis Meyer, dans la Préface des Principes de la Philosophie de Descartes ; plus particulièrement, il s’agit de reconstruire ses raisons pour affirmer qu’il n’a pas été prouvé, dans la Seconde Méditation, que la chose qui est désignée par le terme ‘je’ puisse être une substance. L’argument qui doit soutenir cette affirma- tion peut être schématisé de la façon suivante : Descartes ne peut introduire (...) un indice temporel dans la certitude de la proposition Je suis, j’existe que s’il accepte que la compréhension de cette proposition enveloppe la possibilité de l’existence d’autres choses pensantes finies, ce qui contredit l’unes des conditions de la conception d’une chose comme substance, telles que lui-même les a définies dans l’article 60 de la première partie des Principes de la Philosophie. (shrink)

This paper aims to make progress in understanding the nature of reasoning. Its primary goal is to spell out and defend a novel account of what reasoning might be, in terms of how reasoning contributes to settling (practical and theoretical) inquiries. Prior to spelling out this constructive proposal, however, the paper problematizes a very common picture of reasoning in an attempt to demonstrate the need for an alternative approach. The overarching argument of the paper is comprised of three stages. The (...) first attacks the predominant conception of reasoning for its specious restriction to fully conscious and explicit episodes. The second stage offers a replacement for this faulty conception, according to which a reasoning agent is one who may be represented as if she were undergoing a fully conscious and explicit process. Finally, the last stage proposes one way to fill in the above schema, articulating and defending conditions for representing agents as reasoning fully consciously and explicitly. Each of the above stages is independent of the others: One may accept that reasoning need not be conscious and explicit but reject the schema proposed as a replacement; and again, the schema may be accepted but not the particular proposal for filling it in. (shrink)

For over a century now, American scholars (among others) have been debating the merits of “bad Samaritan” laws — laws punishing people for failing to attempt easy and safe rescues. Unfortunately, the opponents of bad Samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states have passed bad Samaritan laws, and these laws impose only the most minimal punishment — either sub-$500 fines or short-term imprisonment. -/- This Article argues that every state should criminalize (...) bad Samaritanism. There are three main reasons. First, criminalization is required by the supreme value that we place on protecting human life, a value that motivates laws against both homicide and manslaughter. Second, criminalization is recommended by the “proportionality principle” — i.e., the principle that a law’s level of punishment should be directly proportional to the moral severity of the offense. Third, criminalization would yield a number of significant benefits, including helping to minimize needless deaths and injuries and providing society with an institutional outlet for its outrage against bad Samaritans. -/- Still, many objections have been leveled against bad Samaritan laws. This Article will argue that while some of these objections — for example, the objections involving foundational criminal law principles such as the actus-reus requirement, the harm principle, and causation — are all easily refuted, five other objections are not. These five objections involve pragmatic considerations such as the difficulties with obtaining evidence against bad Samaritans and psychological considerations such as people’s understandable reasons for not wanting to “get involved.” This Article will then put these five objections into reflective equilibrium with the moral arguments for bad Samaritan laws and conclude that while bad Samaritanism should indeed be criminalized, the punishment that convicted bad Samaritans receive should be mild — certainly milder than the level of punishment recommended by the “proportionality principle.” The corollary of this conclusion is that the criminal law should sometimes abandon the proportionality principle. (shrink)

I argue for two propositions. First, contrary to the common wisdom, we may justly punish individuals who are not morally responsible for their crimes. Psychopaths – individuals who lack the capacity to feel sympathy – help to prove this point. Scholars are increasingly arguing that psychopaths are not morally responsible for their behavior because they suffer from a neurological disorder that makes it impossible for them to understand, and therefore be motivated by, moral reasons. These same scholars then infer from (...) this conclusion that they must also lack criminal responsibility and therefore that our continuing to punish psychopaths for their crimes is unjust. My response is that this inference is entirely fallacious. -/- Criminal responsibility turns out to be quite distinct from moral responsibility. The two kinds of responsibility require very different conditions to be satisfied. In particular, criminal responsibility, unlike moral responsibility, does not require an agent be able to grasp and follow moral reasons; it requires only that the individual be able to grasp and follow criminal laws. Once this point is recognized, it becomes much easier to accept my thesis: while the subset of psychopaths who commit crimes are not morally responsible for their criminal behavior because they cannot understand moral reasons, they are still criminally responsible because they can understand what the consequences will be if they get caught. For this reason, even though I concede that psychopaths are not morally responsible for the crimes that they commit, our practice of punishing them for these crimes is still just. -/- Second, I argue that psychopathy is a mental illness and should be recognized as such. One reason that it should be recognized as a mental illness is simply because it is; it satisfies the main criteria for inclusion in the DSM-IV, the “bible” of mental disorders. The other reason is more practical than conceptual. It starts with two facts: the U.S. Supreme Court has decided that the preventive detention of any individual who is not a criminal suspect is not constitutional unless the individual is not only dangerous but also mentally ill; and psychopathy is not currently considered to be a mental illness. So, as things now stand, we cannot preventively commit dangerous psychopaths – that is, psychopaths who have clearly indicated that they will be committing serious crimes. Instead, we must wait for them to commit the crimes before we can lock them up. Unfortunately, this incarceration always comes too late for the victims. It would therefore be better if we could lock them up before they actually inflict any harm. Once again, then, I propose that the legal and psychological communities classify psychopathy as a mental illness. (shrink)

How does valuing something for its own sake differ from valuing an entity for the sake of other things? Although numerous answers come to mind, many of them rule out substantive views about what is valuable for its own sake. I therefore seek to provide a more neutral way to distinguish the two valuing attitudes. Drawing from existing accounts of valuing, I argue that the two can be distinguished in terms of a conative-volitional feature. Focusing first on “non-final valuing”—i.e. valuing_ (...) x_ for the sake of something else—I argue that it involves adopting certain reasons on account of a desire for _x_ to contribute to other things. I then show how this contrasts final valuing. The result, I argue, is a plausible account of how the two modes of valuing differ that leaves open substantive views about what all can be valued for its own sake. This is helpful because it develops a popular methodology used to explore the value of a wide range of things, including natural entities, family heirlooms, and artworks, as well as, more broadly, entities that might have “extrinsic final value.”. (shrink)

The euthanasia literature typically discusses the difference between “active” and “passive” means of ending a patient’s life. Physician-assisted suicide differs from both active and passive forms of euthanasia insofar as the physician does not administer the means of suicide to the patient. Instead, she merely prescribes and dispenses them to the patient and lets the patient “do the rest” – if and when the patient chooses. One supposed advantage of this process is that it maximizes the patient’s autonomy with respect (...) to both her decision to die and the dying process itself. Still, despite this supposed advantage, Oregon is the only state to have legalized physician-assisted suicide. After summarizing the most important Supreme Court opinions on euthanasia (namely, Cruzan v. Director, Missouri Dep’t of Health; Vacco v. Quill; Washington v. Glucksberg; and Gonzales v. Oregon), this paper argues that while there are no strong ethical reasons against legalizing physician-assisted suicide, there are some very strong policy reasons for keeping it criminal in the other forty-nine states. (shrink)

Mind wandering has been a target of a fast-expanding area of research in cognitive science and philosophy. One of the central puzzles that researchers have been grappling with is whether this mental process should be thought of as passive or active in nature. Intuitively, a wandering mind seems passive but mounting empirical evidence suggests otherwise. Irving (2021) defends a prominent account of mind wandering as unguided attention, which aims inter alia to resolve the puzzle. However, I present counterexamples that reveal (...) Irving’s account to be both too weak and too strong. I then develop the alternative proposal that (stated roughly) mind wandering consists in voluntarily passive attention. After unpacking and defending this idea, I show how it helps to eliminate the conflicting appearance of mind wandering as both passive and active. (shrink)

To a large extent, the evidential base of claims in the philosophy of science has switched from thought experiments to case studies. We argue that abandoning thought experiments was a wrong turn, since they can effectively complement case studies. We make our argument via an analogy with the relationship between experiments and observations within science. Just as experiments and ‘natural’ observations can together evidence claims in science, each mitigating the downsides of the other, so too can thought experiments and case (...) studies be mutually supporting. After presenting the main argument, we look at potential concerns about thought experiments, suggesting that a judiciously applied mixed-methods approach can overcome them. (shrink)

In this Article, I will argue that a person may be deserving of criminal punishment even in certain situations where she is not necessarily morally responsible for her criminal act. What these situations share in common are two things: the psychological factors that motivate the individual’s behavior are environmentally determined and her crime is serious, making her less eligible for sympathy and therefore less likely to be acquitted. -/- To get to this conclusion, I will proceed in four steps. In (...) Part II, I will offer the first two of these steps. First, I will argue that our foundational assumption that moral responsibility is necessary for just blame and punishment is not self-evident and is actually rather difficult to explain and justify. Second, I will offer an explanation and justification that appeals to our moral psychology. Specifically, I will argue that we subscribe to this assumption ultimately because we sympathize with agents who lack responsibility for their actions. -/- Third, in Part IV, I aim to show that even if moral responsibility is not conceptually — only “emotionally” — necessary for just blame and punishment, the traditionally recognized criminal excuses are not at risk because, contrary to popular wisdom, they do not really rely on this assumption to begin with. Instead, they stand less for the metaphysical proposition that we should refrain from blaming and punishing the non-responsible and more for the normative/ethical proposition that we should refrain from blaming and punishing those whom we cannot reasonably expect to have acted better. I will further argue that the latter proposition does not necessarily reduce to the former. -/- Fourth, once I have defended my account of the excuses, I will question in Parts V and VI the increasingly popular notion that we should add certain conditions or circumstances to the list of recognized excuses. I will focus on one in particular — the psychological theory of “situationism” — and will argue that, despite its initial plausibility, it should be kept off the list. While situationism arguably does negate moral responsibility, it does not negate criminal responsibility. -/- Of course, this is a controversial point. Criminal responsibility is almost universally thought to require moral responsibility. But in a previous article, "Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention," 48 San Diego L. Rev. 1299, I used personality psychology to drive a wedge between the two. In this article, I will use the opposite end of the psychological spectrum — social psychology — to drive the same important wedge. (shrink)

-/- INTRODUCTION: Many higher education students indulge in risky eating behaviours which tend to affect their physical, psychological and academic health. Previous studies have tried to understand the trend in students’ eating patterns without paying adequate attention to contributing factors. -/- PURPOSE: This study evaluated the influence of selected psychological variables on the consumption of balanced diets among students in two public universities in Calabar Metropolis, Nigeria. -/- METHODOLOGY: A research question was posed, and a formulated hypothesis to guide the (...) study. The study adopted the descriptive survey research design. A total of 12,530 faculty of education students spread across two public universities in Calabar Metropolis constituted the population of this study. A sample of 125 students was randomly selected through the stratified technique. A four-point questionnaire was used for data collection after validation by experts. Descriptive statistical measures such as mean, standard deviation, and percentages answered the research question. The null hypothesis was tested at the .05 level of significance using the one-sample t-test analysis. -/- RESULTS: Findings revealed that the influence of psychological variables (such as stress, emotions, and mental state) on students’ consumption of balanced diets is not significantly low. -/- RECOMMENDATIONS/CLASSROOM IMPLICATIONS: Based on the findings of this study, it was recommended that students cultivate the habit of always eating quality meals rich in nutrients, irrespective of their psychological state, to maintain a healthy life. (shrink)

Moral realism is often taken to have common sense and initial appearances on its side. Indeed, by some lights, common sense and initial appearances underlie all the central positive arguments for moral realism. We offer a kind of debunking argument, taking aim at realism’s common sense standing. Our argument differs from familiar debunking moves both in its empirical assumptions and in how it targets the realist position. We argue that if natural selection explains the objective phenomenology of moral deliberation and (...) judgement, then this undermines arguments from that phenomenology. This results in a simpler, and in some ways more direct, challenge to realism. It is also less vulnerable to the main objections that have been leveled against such arguments. If accepted, our conclusion should make a real difference to the dialectic in this area. It means that neither realism nor its denial is the default, to-be-refuted, position. (shrink)

The external world sceptic tells some familiar narratives involving massive deception. Perhaps we are brains in vats. Perhaps we are the victim of a deceitful demon. You know the drill. The sceptic proceeds by observing first that victims of such deceptions know nothing about their external environment and that second, since we cannot rule out being a victim of such deceptions our- selves, our own external world beliefs fail to attain the status of knowledge. Discussions of global external world scepticism (...) tend to focus on the second step, where a number of well-known lines of resistance have been offered. But there has been little attention to the first, seemingly innocuous step. That will be the focus of this paper. Part one – sections 1, 2, and 3 – will explain why these standard narratives are not convincing examples of cases where there is no knowledge of the external world. In part two – section 4 – we shall undertake a useful case study. David Lewis’s ‘Elusive Knowledge’ is often thought of as presenting an epistemological vision that is somewhat friendly to external world scepticism: as Lewis himself presents things, there are contexts where external world knowledge ascriptions are uniformly false, and where true knowledge ascriptions are limited to either axiomatic truths or truths about our inner life. We examine his discussion in the light of the preceding reflections and show that the framework he presents is not so concessionary to global external world scepticism after all. (shrink)

Many have the intuition that human persons are both extremely and equally valuable. This seeming extremity and equality of vale is puzzling: if overall value is the sum of one’s final value and instrumental value, how could it be that persons share the same extreme value? One way that we can solve the Value Puzzle is by following Andrew Bailey and Josh Rasmussen. Philosophy and Phenomenological Research, 103, 264–277 (2020) and accepting that persons have infinite final value. But there are (...) some significant downsides to their way of thinking about values, which relies on the extended real numbers. We offer a different approach: if we model values using the hyperreal numbers, we can capture many of our intuitions about the extremity and relative equality of human value without incurring the substantial theoretical costs of using the extended real numbers. We also examine other ways of modeling the infinite value of persons and evaluate the strengths and weaknesses of these other accounts compared to ours. (shrink)

At a House hearing on December 5, 2023, the presidents of three universities—Harvard, MIT, and the University of Pennsylvania—refused to state that certain kinds of hate speech, specifically calls for genocide of Jews, are prohibited on their campuses. The backlash against two of them, Harvard’s Claudine Gay and Penn’s Liz Magill, was swift and devastating; both of them were successfully pressured to resign. Still, while Professors Gay’s and Magill’s responses were widely criticized as tone-deaf, they were legally correct. At many (...) private, and all public, colleges and universities, even the worst hate speech is generally protected unless it is accompanied by aggressive, threatening, or violent conduct. -/- These “demotions” augur even worse consequences, including termination, for less powerful faculty who say the “wrong” thing, in particular statements in support of Trumpism, an increasingly mainstream ideology that stitches together white supremacy, misogyny, a preference for autocracy over democracy, and several phobias—homophobia, Islamophobia, transphobia, and xenophobia. The question I address in this paper is whether these consequences are constitutional at public schools. Whose right is stronger—a public-school teacher’s First Amendment right to express pro-Trumpist sentiments or a public school’s right to maintain a fair, inclusive, and welcoming learning environment? In this article, I argue that the public school has the upper hand here, that it is indeed constitutionally permitted to prohibit political hate speech that contributes to a hostile learning environment. Still, I narrowly limit this prohibition to dehumanizing speech—that is, speech explicitly suggesting that some human beings are “lesser”, intrinsically less valuable, than other human beings. -/- One objection to this position is that public schools may not prohibit any speech, no matter how dehumanizing, because such prohibition amounts to constitutionally impermissible viewpoint discrimination. I argue, however, that viewpoint discrimination is an integral part of education and therefore constitutionally permissible. Education necessarily involves promoting some values over others. These values fall into seven categories: constitutional principles, the humanist virtues, successful character traits and behaviors, knowledge and truth, art and beauty, health (both mental and physical), and social goods (such as justice, peace, and rule of law). (shrink)

Science and fiction seem to lie at opposite ends of the cognitive-epistemic spectrum. The former is typically seen as the study of hard, real-world facts in a rigorous manner. The latter is treated as an instrument of play and recreation, dealing in figments of the imagination. Initial appearances notwithstanding, several central features of scientific modeling in fact suggest a close connection with the imagination and recent philosophers have developed detailed accounts of models that treat them, in one way or another, (...) as akin to fictions. This chapter will critically discuss the fictions approach as an epistemology of scientific modeling. (shrink)

This paper explores some consequences of Lewis’s (Australas J Philos 74(4):549–567, 1996) understanding of how knowledge is compartmentalized. It argues, first, that he underestimates how badly it impacts his view. When knowledge is compartmentalized, it lacks at least one of two essential features of Lewis’s account: (a) Elusiveness—familiar skeptical possibilities, when relevant, are incompatible with everyday knowledge. (b) Knowledge is a modality—when a thinker knows that p, there is no relevant possibility where p is false. Lewis proposes compartmentalized knowledge to (...) keep treating knowledge as a modality while mitigating one of its unrealistic epistemological implications: In normal modal epistemic logic (and standard possible world semantics), a thinker always counts as knowing the strongest proposition that follows from the set of all the individual propositions that this thinker knows. Lewis’s compartmentalization proposal is that thinkers merely know the conjunctions of propositions that are known in each of, but not across, their compartments. The irony is that in avoiding overblown knowledge the view now allows for thinkers to attend to skeptical error possibilities and yet knowledge is present. The account avoids inflation of knowledge in one sense only to acquire another type of knowledge the view denies subjects can have. This problem motivates an inspection of knowledge accounts whose intra-compartment closure principles are weaker than those that are valid in normal modal-logic. The conclusion is that some formulations of closure can avoid the challenge Lewis’s view faces. Nevertheless, even these closure principles pose a barrier—perhaps an implausible barrier—for knowledge of ignorance. Even when the reasoning supporting the lack of knowledge is sound, a subject cannot always know she doesn’t know. Interestingly, this obstacle is one that knowledge of knowledge doesn’t seem to face. (shrink)

Thought experiments play a role in science and in some central parts of contemporary philosophy. They used to play a larger role in philosophy of science, but have been largely abandoned as part of the field’s “practice turn”. This chapter discusses possible roles for thought experimentation within a practice-oriented philosophy of science. Some of these roles are uncontroversial, such as exemplification and aiding discovery. A more controversial role is the reliance on thought experiments to justify philosophical claims. It is proposed (...) that if we adopt an underlying empiricist view of concepts, then thought experiments can be seen as affording us contact with scientific practice, despite their seemingly a priori character. The advantages and drawbacks of thought experiments are discussed via comparison with case studies, on the one, and simulations on the other hand. The chapter closes with some remarks on how to combine thought experiments with other methods. (shrink)

There is disagreement among physicians and medical ethicists on the precise goals of Hospice and Palliative Medicine (HPM). Some think that HPM's goals should differ from those of other branches of medicine and aim primarily at lessening pain, discomfort, and confusion; while others think that HPM's practices should, like all other branches of medicine, aim at promoting health. I take the latter position: using the ars moriendi to set a standard for what it means to die well, I argue that (...) if HPM's practices were to aim at mitigating suffering with little regard to promoting health, some patients would die worse deaths than if HPM's practices were to aim at health. According to the ars moriendi, flourishing at the end of one's life requires that one exercise her agency and pursue the goods most important to her. On this view, HPM's practices should promote patients’ health to enable them to pursue these goods. (shrink)

Most philosophers believe that wrongdoers sometimes deserve to be punished by long prison sentences. They also believe that such punishments are justified by their consequences: they deter crime and incapacitate potential offenders. In this article, I argue that both these claims are false. No one deserves to be punished, I argue, because our actions are shot through with direct or indirect luck. I also argue that there are good reasons to think that punishing fewer people and much less harshly will (...) have better social consequences, at a reduced overall cost, then the long prison sentences that are usually seen as required for social protection. (shrink)

This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...) years earlier for two murders. Delling never had the opportunity to plead the insanity defense because his home state, Idaho, had abolished it in 1982. -/- By depriving Delling of the right to plead insanity, Idaho violated Delling’s Fourteenth Amendment right to due process and his Eighth Amendment right against “cruel and unusual” punishment. Naturally, the same is true for many other mentally ill and disabled defendants who have been prosecuted in Idaho and in the other three states that have abolished the insanity defense: Kansas, Montana, and Utah. -/- The second general part of this Article notes an insight that I stumbled upon in the course of researching the first part: the insanity defense and the mistake of law defense both require ignorance of the law, what I refer to as “normative ignorance.” Indeed, normative ignorance is what makes both of these defenses exculpatory in the first place. -/- Given this critical connection, there is a way for Idaho, Kansas, Montana, and Utah to resume compliance with the Constitution. Instead of reinstating the insanity defense per se, which might be politically unpopular, they should just broaden their mistake of law defense to include normative ignorance caused by cognitive incapacity that is itself caused by mental illness or disability. -/- Still, this Article is not merely directed at these four western states. It is directed at the other forty-six states as well. Because they already have an insanity defense, they need not incorporate it into their mistake of law defense. But in the third general part, I will argue that they should still expand their mistake of law defense to cover defendants who either lack a reasonable opportunity to learn the law or reasonably but mistakenly infer from widely accepted norms or ethics that their conduct is lawful. (shrink)

Prof. Cohen and I answer six questions: (1) Why do we lock people up? (2) How can involuntary civil commitment be reconciled with people's constitutional right to liberty? (3) Why don't we treat homicide as a public health threat? (4) What is the difference between legal and medical approaches to mental illness? (5) Why is mental illness required for involuntary commitment? (6) Where are we in our efforts to understand the causes of mental illness?

Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? (...) -/- This Article will argue for three points. First, what fuels this kind of outrage is vengeance: the desire to see defendants like George Zimmerman be forced to “pay” for the harms that they needlessly and culpably inflict on others. While this point may seem obvious, it isn’t. Most people repudiate revenge and therefore the notion that it plays any role in the criminal justice system. -/- Second, this attitude toward revenge is misguided and needs to change. We need to recognize that vengeance not only does but should play a significant role in motivating criminal punishment. Our vengeful reactions to harmful crimes are not ugly or shameful; on the contrary, they manifest a deep valuation of victims and a bitter denunciation of individuals who actively renounce this valuation through their criminal behavior. -/- Third, these two points have significant implications for the two main theories of criminal punishment: “retributivism,” which says that criminals should be punished in order to give them their “just deserts,” and “consequentialism,” which says that criminals should be punished in order to bring about such good consequences as deterrence, incapacitation, and rehabilitation. Traditionally, these two theories have been at war with one another. But I will show how recognizing revenge as a motivation and justification for punishment can help to end this war and bring these two theories together. (shrink)

Many scientists and philosophers of science think that beauty should play a role in theory selection. Physicists like Paul Dirac and Steven Weinberg explicitly claim that the ultimate explanations of the physical world must be beautiful. And philosophers of science like Peter Lipton say that we should expect the loveliest theory to also be the most likely. In this paper, I contend that these arguments from loveliness bear a striking similarity to Thomas Aquinas’ arguments from fittingness; both seem to presume (...) that the most beautiful theory is also the most probable. To do this, I first explain the explanatory virtues that are commonly thought to be constitutive of a lovely theory. Second, I elucidate Aquinas’ arguments from fittingness and show how they work in light of his account of beauty. Lastly, I connect the two kinds of aesthetic arguments and show the extent to which they overlap. (shrink)

Evolutionary debunking arguments (EDAs) have attracted extensive attention in meta-ethics, as they pose an important challenge to moral realism. Mogensen (2015) suggests that EDAs contain a fallacy, by confusing two distinct forms of biological explanation – ultimate and proximate. If correct, the point is of considerable importance: evolutionary genealogies of human morality are simply irrelevant for debunking. But we argue that the actual situation is subtler: while ultimate claims do not strictly entail proximate ones, there are important evidential connections between (...) the two. Attending to these connections clears ground for a new and improved EDA. However, it also brings into view some possible problems with EDAs that have been largely neglected so far. (shrink)

The following is a transcript of the interview I (Yasuko Kitano) conducted with Neil Levy (The Centre for Applied Philosophy and Public Ethics, CAPPE) on the 23rd in July 2009, while he was in Tokyo to give a series of lectures on neuroethics at The University of Tokyo Center for Philosophy. I edited his words for publication with his approval.

Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Many scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. -/- But this formulation is not quite right. The real paradox raised by the different legal statuses (...) of blackmail threats to disclose and disclosure itself involves a contradiction between our strong intuition that blackmail threats should be criminal and some equally strong arguments, all of which depend on the fact that disclosure is legal, that blackmail threats should be legal. So an adequate solution to the real Blackmail Paradox requires us either to drop the intuition or to refute the pro-legalization arguments. -/- This Article will adopt the latter approach. It will explain why the six main arguments for legalizing blackmail threats all fail. In the course of refuting one of these arguments, it will also offer a novel positive justification for criminalizing blackmail threats: they should be criminal for the same reason that menacing, harassment, and stalking are criminal--namely, because they involve the reasonable likelihood, and usually the intent, of putting the victim into a state of especially great fear and anxiety. -/- Of course, one might object that disclosure itself is likely to have the same effect, if not malicious purpose. Yet, again, it is still legal. But this point shows only that we as a society value freedom of speech more than we value freedom from infliction of emotional injury. It does not show that we do not value freedom from infliction of emotional injury sufficiently to protect it when competing moral or institutional interests such as freedom of speech are not at stake. (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...) theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

Many philosophers reduce ordinary knowledge to sensory or, more generally, to perceptual knowledge, which refers to entities belonging to the phenomenic world. However, ordinary knowledge is not only the result of sensory-perceptual processes, but also of non-perceptual contents that are present in any mind. From an epistemological point of view, ordinary knowledge is a form of knowledge that not only allows epistemic access to the world, but also enables the formulation of models of it with different degrees of reliability. Usually (...) epistemologists focus their attention on scientific knowledge, believing that ordinary knowledge does not, or cannot, have an epistemology for it is not in any way rigorous. The papers collected in this volume analyse different aspects of ordinary knowledge and of its epistemology. (shrink)

Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. Are (...) you guilty now? -/- Probably. You might argue that your scopophiliac ambition was impossible to satisfy given that you were peeping into a squash court, not a locker room. But this “Impossibility Defense” would fail because most jurisdictions follow the very influential Model Penal Code (MPC), which says that what is important about attempt is not the likelihood of success but rather what was going on in your head. You tried to peer into a locker room with the intention of seeing some nudity; that is enough for culpability. The fact that you were mistaken about the location does not exonerate you. -/- But now suppose that the particular jurisdiction you are in does not criminalize voyeurism. While most people think that voyeurism is just plain wrong, if not disgusting, the legislature just never got around to drafting a statute against it. Are you guilty now? The answer is no. But you might just be out of luck and convicted anyway. -/- The reason for this strange conclusion is that most jurisdictions have followed the Model Penal Code in yet another respect: along with the MPC’s “subjectivist” emphasis on what is in your head, they have followed the MPC’s lead in abolishing the Impossibility Defense entirely. As a result, people who believe that they are breaking laws when they really are not may still be subject to arrest, prosecution, and conviction respectively by police, prosecutors, and judges/juries merely if all three parties regard your conduct — especially your trying to violate a law that you mistakenly believed in — as morally reprehensible. The best, if not only, defense against this charge is the Impossibility Defense, but — again — most jurisdictions have decided to make this defense unavailable to defendants. -/- Depriving eligible defendants of the Impossibility Defense is unjust. It violates one of the most basic principles of criminal justice: the legality principle. The legality principle says that there cannot be just punishment without a crime, and there should not be a crime without an explicit law designating it as such. So you cannot be charged with, and convicted of, attempted voyeurism if voyeurism, reprehensible as it may be, was not explicitly prohibited at the time that you made the attempt. -/- If we believe in the legality principle, then we must restore the Impossibility Defense. Without the latter, too many defendants are being — and will continue to be — punished for attempts to perform acts that were not themselves illegal but which various parties in the criminal justice system (except the legislature) thought should be illegal based on their extralegal, moral prejudices. -/- In addition to the MPC, the principal obstacle to resurrecting the Impossibility Defense is a good deal of conceptual confusion that permeates relevant cases and scholarship. Too many courts and academics have conflated “factual impossibility” with “legal impossibility” and have fallaciously inferred “hybrid impossibility” from “hybrid mistakes” (that is, legal mistakes that derive from factual mistakes). One of the principal goals of this Article, then, is to clear up all of this confusion. I will explicate in the simplest possible terms (a) the difference between factual impossibility and legal impossibility, (b) why only legal impossibility qualifies as exculpatory, and (c) why hybrid impossibility simply does not exist. (shrink)

Two prominent normative theories of business ethics are stakeholder and shareholder theory. Business ethicists generally favor the former, while business people prefer the latter. If the purpose of business ethics is “to produce a set of ethical principles that can be both expressed in language accessible to and conveniently applied by an ordinary business person” , then it is important to examine this dichotomy.While superficially attractive, the normative version of stakeholder theory contains numerous limitations. Since balancing multiple stakeholder preferences is (...) difficult, competing claims often become tests of political strength rather than justice. Furthermore, stakeholder theory has significant normative weaknesses.Although less attractive to academic ethicists, shareholder theory may provide superior results for society. The shareholder model focuses companies on meeting society’s material needs. Wise owners often balance other stakeholders’ views well since it is necessary for the business’s long-term success. Finally, shareholder theory has a strong normative basis in autonomy.In light of this analysis, it is incumbent upon academic business ethicists to emphasize the value of shareholder theory when teaching business ethics courses. (shrink)

This paper derives from a broader project dealing with the notion of causal order. I use this term to signify two kinds of parts-whole dependence: Orderly systems have rich, decomposable, internal structure; specifically, parts play differential roles, and interactions are primarily local. Disorderly systems, in contrast, have a homogeneous internal structure, such that differences among parts and organizational features are less important. Orderliness, I suggest, marks one key difference between individuals and collectives. My focus here will be the connection between (...) order and robustness, i.e. functional resilience in the face of internal or environmental perturbations. I distinguish three varieties of robustness. Ordered robustness is grounded in the system’s specific organizational pattern. In contrast, disorderly robustness stems from the aggregate outcome of many similar parts. In between, we find semi-ordered robustness, wherein a messy ensemble of elements is subjected to a selection or stabilization mechanism. I give brief characterizations of each category, discuss examples and remark on the connection between the order/disorder axis and the notions of individual versus collective. (shrink)

Gershom Scholem's commentary on Walter Benjamin's "Notes to a Study on the Category of Justice", first published in German and English in Metaphysics of the Profane, New York: Columbia University Press, 2003, pp. 174-180, with permission of Suhrkamp Verlag.

I argue that the three strongest arguments against metaphysical libertarianism—the randomness objection, the constitutive luck objection, and the physicalist objection—are actually unsuccessful and therefore that metaphysical libertarianism is more plausible than the common philosophical wisdom allows. My more positive thesis, what I will refer to as “Agent Exceptionalism,” is that, when making decisions and performing actions, human beings can indeed satisfy the four conditions of metaphysical libertarianism: the control condition, the rationality condition, the ultimacy condition, and the physicalism condition.

There is a tension for those who want to simultaneously hold that Abraham’s disposition to sacrifice Isaac is epistemically justified and yet hold that a contemporary father would not be justified in believing that God is commanding him to sacrifice his son. This paper attempts to resolve that tension. While some commentators have correctly pointed out that one must take Abraham’s long relationship with God into account when considering Abraham’s readiness to sacrifice his son, they do not entertain the possibility (...) that his hearing this commandment is evidence against the hypothesis that Abraham is speaking to God. I grant this possibility. But I argue that when God commands Abraham to do the unthinkable, Abraham’s previously acquired evidence could still be sufficient to justify his belief that he is speaking with God. And in making this argument, I attempt to show what differentiates Abraham from the contemporary father who thinks that God is commanding him to sacrifice his son. (shrink)