The paper takes a closer look at the role of knowledge and evidence in legal theory. In particular, the paper examines a puzzle arising from the evidential standard Preponderance of the Evidence and its application in civil procedure. Legal scholars have argued since at least the 1940s that the rule of the Preponderance of the Evidence gives rise to a puzzle concerning the role of statistical evidence in judicial proceedings, sometimes referred to as the Problem of Bare Statistical Evidence. While (...) this puzzle has led to the development of a multitude of accounts and approaches in the legal literature, I argue here that the problem can be resolved fairly straightforwardly within a knowledge-first framework. (shrink)

In recent work on the semantics of ‘knowledge’-attributions, a variety of accounts have been proposed that aim to explain the data about speaker intuitions in familiar cases such as DeRose’s Bank Case or Cohen’s Airport Case by means of pragmatic mechanisms, notably Gricean implicatures. This paper argues that pragmatic explanations of the data regarding ‘knowledge’-attributions are unsuccessful and concludes that in explaining those data we have to resort to accounts that (a) take those data at their semantic face value (Epistemic (...) Contextualism, Subject-Sensitive Invariantism or Epistemic Relativism), or (b) reject them on psychological grounds (Moderate Insensitive Invariantism). To establish this conclusion, the paper relies solely upon widely accepted assumptions about pragmatic theory, broadly construed, and on the Stalnakerian insight that linguistic communication takes place against the backdrop of a set of mutually accepted propositions: a conversation’s common ground. (shrink)

The paper explicates a new way to model the context-sensitivity of 'knows', namely a way that suggests a close connection between the content of 'knows' in a context C and what is pragmatically presupposed in C. After explicating my new approach in the first half of the paper and arguing that it is explanatorily superior to standard accounts of epistemic contextualism, the paper points, in its second half, to some interesting new features of the emerging account, such as its compatibility (...) with the intuitions of Moorean dogmatists. Finally, the paper shows that the account defended is not subject to the most prominent and familiar philosophical objections to epistemic contextualism discussed in the recent literature. (shrink)

Recent attempts to resolve the Paradox of the Gatecrasher rest on a now familiar distinction between individual and bare statistical evidence. This paper investigates two such approaches, the causal approach to individual evidence and a recently influential (and award-winning) modal account that explicates individual evidence in terms of Nozick's notion of sensitivity. This paper offers counterexamples to both approaches, explicates a problem concerning necessary truths for the sensitivity account, and argues that either view is implausibly committed to the impossibility of (...) no-fault wrongful convictions. The paper finally concludes that the distinction between individual and bare statistical evidence cannot be maintained in terms of causation or sensitivity. We have to look elsewhere for a solution of the Paradox of the Gatecrasher. (shrink)

This article addresses and resolves an epistemological puzzle that has attracted much attention in the recent literature—namely, the puzzle arising from Moorean anti-sceptical reasoning and the phenomenon of transmission failure. The paper argues that an appealing account of Moorean reasoning can be given by distinguishing carefully between two subtly different ways of thinking about justification and evidence. Once the respective distinctions are in place we have a simple and straightforward way to model both the Wrightean position of transmission failure and (...) the Moorean position of dogmatism. The approach developed in this article is, accordingly, ecumenical in that it allows us to embrace two positions that are widely considered to be incompatible. The paper further argues that the Moorean Puzzle can be resolved by noting the relevant distinctions and our insensitivity towards them: once we carefully tease apart the different senses of ‘justified’ and ‘evidence’ involved, the bewilderment caused by Moore’s anti-sceptical strategy subsides. (shrink)

Martin Smith has recently proposed, in this journal, a novel and intriguing approach to puzzles and paradoxes in evidence law arising from the evidential standard of the Preponderance of the Evidence. According to Smith, the relation of normic support provides us with an elegant solution to those puzzles. In this paper I develop a counterexample to Smith’s approach and argue that normic support can neither account for our reluctance to base affirmative verdicts on bare statistical evidence nor resolve the pertinent (...) paradoxes. Normic support is, as a consequence, not a successful epistemic anti-luck condition. (shrink)

Safety principles in epistemology are often hailed as providing us with an explanation of why we fail to have knowledge in Gettier cases and lottery examples, while at the same time allowing for the fact that we know the negations of sceptical hypotheses. In a recent paper, Sinhababu and Williams have produced an example—the Backward Clock—that is meant to spell trouble for safety accounts of knowledge. I argue that the Backward Clock case is, in fact, unproblematic for the more sophisticated (...) formulations of safety in the literature. However, I then proceed to construct two novel examples that turn out problematic for those formulations—one that provides us with a lottery-style case of safe ignorance and one that is a straightforward case of unsafe knowledge. If these examples succeed, then safety as it is usually conceived in the current debate cannot account for ignorance in all Gettier and lottery-style cases, and neither is it a necessary condition for knowledge. I conclude from these troublesome examples that modal epistemologists ought to embrace a much more simple and non-reductive version of safety, according to which the notion of similarity between possible worlds that determines in which worlds the subject must believe truly is an epistemic notion that cannot be defined or reduced to notions independent of knowledge. The resulting view is shown to also lead to desirable results with respect to lottery cases, certain quantum phenomena, and a puzzling case involving a cautious brain-in-a-vat. (shrink)

A number of prominent epistemologists claim that the principle of sensitivity “play[s] a starring role in the solution to some important epistemological problems”. I argue that traditional sensitivity accounts fail to explain even the most basic data that are usually considered to constitute their primary motivation. To establish this result I develop Gettier and lottery cases involving necessary truths. Since beliefs in necessary truths are sensitive by default, the resulting cases give rise to a serious explanatory problem for the defenders (...) of sensitivity accounts. It is furthermore argued that attempts to modally strengthen traditional sensitivity accounts to avoid the problem must appeal to a notion of safety—the primary competitor of sensitivity in the literature. The paper concludes that the explanatory virtues of sensitivity accounts are largely illusory. In the framework of modal epistemology, it is safety rather than sensitivity that does the heavy explanatory lifting with respect to Gettier cases, lottery examples, and other pertinent cases. (shrink)

The paper discusses approaches to Epistemic Contextualism that model the satisfaction of the predicate ‘know’ in a given context C in terms of the notion of belief/fact-matching throughout a contextually specified similarity sphere of worlds that is centred on actuality. The paper offers three counterexamples to approaches of this type and argues that they lead to insurmountable difficulties. I conclude that what contextualists (and Subject-Sensitive Invariantists) have traditionally called the ‘epistemic standards’ of a given context C cannot be explicated in (...) terms of a contextually specified similarity sphere that is centred on actuality. The mentioned accounts of epistemic relevance and thus the corresponding accounts of the context-sensitivity (or subject-sensitivity) of ‘knows’ are to be rejected. (shrink)

Epistemic contextualism is widely believed to be incompatible with the recently popular view that knowledge is the norm of assertion, practical reasoning, or belief. I argue in this article that the problems arising for contextualism from the mentioned normative views are only apparent and can be resolved by acknowledging the fairly widespread phenomenon of non-obvious context-sensitivity (recently embraced by even some of contextualism's most ardent former critics). Building on recent insights about non-obvious context-sensitivity, the article outlines an independently attractive contextualist (...) account of the mentioned epistemic norms and provides a solution to the puzzles they give rise to in a contextualist framework. (shrink)

This paper investigates the linguistic basis for moral non-cognitivism, the view that sentences containing moral predicates do not have truth conditions. It offers a new argument against this view by pointing out that the view is incompatible with our best empirical theories about the grammatical encoding of illocutionary force potentials. Given that my arguments are based on very general assumptions about the relations between the grammar of natural languages and a sentence's illocutionary function, my arguments are broader in scope than (...) the familiar semantic objections to non-cognitivism relating to the so-called Frege-Geach problem: even if a solution to the Frege-Geach problem has been found, my arguments still stand. (shrink)

Epistemic contextualism—the view that the content of the predicate ‘know’ can change with the context of utterance—has fallen into considerable disrepute recently. Many theorists have raised doubts as to whether ‘know’ is context-sensitive, typically basing their arguments on data suggesting that ‘know’ behaves semantically and syntactically in a way quite different from recognised indexicals such as ‘I’ and ‘here’ or ‘flat’ and ‘empty’. This paper takes a closer look at three pertinent objections of this kind, viz. at what I call (...) the Error-Theory Objection, the Gradability Objection and the Clarification-Technique Objection. The paper concludes that none of these objections can provide decisive evidence against contextualism. (shrink)

Epistemic contextualism (EC) is primarily a semantic view, viz. the view that ‘knowledge’-ascriptions can change their contents with the conversational context. To be more precise, EC is the view that the predicate ‘know’ has an unstable Kaplan character, i.e. a character that does not map all contexts on the same content. According to EC, ‘know’ is thus an indexical expression. Notwithstanding this purely linguistic characterisation of EC, contextualists have traditionally argued that their views have considerable philosophical impact, this being due (...) to the alleged fact that their linguistic views about ‘know’ provide the resources for a resolution of sceptical puzzles. In this paper I will address an objection to EC claiming that, as a linguistic view about the term ‘know’, EC cannot be of any epistemological significance. (shrink)

Jason Stanley has argued recently that Epistemic Contextualism (EC) and Subject‐Sensitive Invariantism (SSI) are explanatorily on a par with regard to certain data arising from modal and temporal embeddings of ‘knowledge’‐ascriptions. This paper argues against Stanley that EC has a clear advantage over SSI in the discussed field and introduces a new type of linguistic datum strongly suggesting the falsity of SSI.

Moderate Pragmatic Invariantism has been criticized in the literature for postulating implicatures that are not straightforwardly cancellable. Defenders of MPI have responded that the data are not as clear-cut as one might wish. This paper grants the defenders of MPI, for the sake of argument, that the implicatures in question are cancellable and then turns this admission against them. In particular, the paper offers Bank Case variants in which the conversational implicatures postulated by MPI are contextually suspended – and thus (...) cancelled. Since our intuitions do not vary between the original Bank Case and these novel types of cases, the explanation offered by MPI must be mistaken. Our varying truth-value intuitions in the Bank Cases cannot be accounted for by means of conversational implicatures. (shrink)

The paper gives an a priori argument for the view that knowledge is unanalysable. To establish this conclusion I argue that warrant, i.e. the property, whatever precisely it is, which makes the difference between knowledge and mere true belief, entails both truth and belief and thus does not exist as a property distinct from knowledge: all and only knowledge can turn a true belief into knowledge. The paper concludes that the project of trying to find a condition distinct from knowledge (...) that is necessary and together with truth and belief sufficient for knowledge must be doomed to failure. (shrink)

Jonathan Jenkins Ichikawa has presented a series of examples that are meant to spell trouble for Presuppositional Epistemic Contextualism. In this short article I aim to establish two things. First, I argue that even if Ichikawa’s examples were viable counterexamples to PEC, they would not threaten the key ideas underlying the account in my 2009 article ‘Knowledge and Presuppositions’. The philosophically interesting work that is done in that article remains unaffected by Ichikawa’s alleged counterexamples. In the second part of the (...) paper, I argue that the examples are not in fact successful counterexamples to PEC. The data emerging from Ichikawa’s examples can be accounted for within the framework of PEC. (shrink)

In this chapter, I produce counterexamples to Presuppositional Epistemic Contextualism (PEC), a view about the semantics of ‘knowledge’-ascriptions that I have argued for elsewhere. According to PEC, the semantic content of the predicate ‘know’ at a context C is partly determined by the speakers’ pragmatic presuppositions at C. The problem for the view that I shall be concerned with here arises from the fact that pragmatic presuppositions are sometimes known to be true by the speakers who make them: hence the (...) Problem of Known Presuppositions. After discussing several unsuccessful ways to solve the problem, I propose the addition of a new Lewisian rule of proper ignoring to the semantics of PEC--namely, the Rule of Evidence-Based Ignoring. If the proposed account succeeds, the Problem of Known Presuppositions has a straightforward solution within the framework of PEC. (shrink)

In everyday conversations we often convey information that goes above and beyond what we strictly speaking say: exaggeration and irony are obvious examples. H.P. Grice introduced the technical notion of a conversational implicature in systematizing the phenomenon of meaning one thing by saying something else. In introducing the notion, Grice drew a line between what is said, which he understood as being closely related to the conventional meaning of the words uttered, and what is conversationally implicated, which can be inferred (...) from the fact that an utterance has been made in context. Since Grice’s seminal work, conversational implicatures have become one of the major research areas in pragmatics. This article introduces the notion of a conversational implicature, discusses some of the key issues that lie at the heart of the recent debate, and explicates tests that allow us to reliably distinguish between semantic entailments and conventional implicatures on the one hand and conversational implicatures on the other. (shrink)

The most prominent arguments for scepticism in modern epistemology employ closure principles of some kind. To begin my discussion of such arguments, consider Simple Knowledge Closure (SKC): (SKC) (Kxt[p] ∧ (p → q)) → Kxt[q].1 Assuming its truth for the time being, the sceptic can use (SKC) to reason from the two assumptions that, firstly, we don’t know ¬sh and that, secondly, op entails ¬sh to the conclusion that we don’t know op, where ‘op’ and ‘sh’ are shorthand for ‘ordinary (...) proposition’ and ‘sceptical hypothesis’ respectively. (SKC), however, fails for familiar reasons: since knowledge entails belief (KB), we can derive the falsity (F) from (SKC) by hypothetical syllogism, and thus reduce (SKC) to absurdity: (KB) Kxt[p] → Bxt[p]. (F) (Kxt[p] ∧ (p → q)) → Bxt[q]. (shrink)

The Argument from Principles, the primary motivation for impurism or pragmatic encroachment theories in epistemology, is often presented as an argument for everyone—an argument that proceeds from harmless premises about the nature of rationally permissible action to the surprising conclusion that one’s knowledge is partly determined by one’s practical situation. This paper argues that the Argument from Principles is far from neutral, as it presupposes the falsity of one of impurism’s main competitors: epistemic contextualism. As a consequence, hybrid positions combining (...) impurism and contextualism—positions that impurists have sometimes hinted at in the literature—are, while logically consistent, ill-motivated. Once the impurist embraces contextualism, the Argument from Principles can no longer get off the ground. The paper concludes that those who make use of the Argument from Principles are committed to an invariantist impurism and their case in support of impurism can only ever be as strong as their case against contextualism. Given recent contextualist work on the semantics of ‘knowledge’-attributions, this is likely to turn out problematic for the impurists. (shrink)

Epistemic contextualism (‘EC’), the view that the truth-values of knowledge attributions may vary with the context of ascription, has a variety of different linguistic implementations. On one of the implementations most popular in the early days of EC, the predicate ‘knows p’ functions semantically similarly to gradable adjectives such as ‘flat’, ‘tall’, or ‘empty’. In recent work Jason Stanley and John Hawthorne have presented powerful arguments against such implementations of EC. In this article I briefly systematize the contextualist analogy to (...) gradable adjectives, present Stanley’s argument against the analogy, and offer a contextualist response that abandons the analogy in favor of modeling the semantics of ‘knows p’ along the lines of quantifier expressions. I then present Hawthorne’s objection to the views presented, and finally conclude by outlining an argument to the effect that ‘knows p’ is an automatic indexical and as such to be expected to function differently from many other indexicals that the term has been compared to in the literature. I finally point out that no analogy should be expected to be perfect, and that no harm is done by postulating some unique behavior of ‘knows p’. (shrink)

Certain puzzling cases have been discussed in the literature recently which appear to support the thought that knowledge can be obtained by way of deduction from a falsehood; moreover, these cases put pressure, prima facie, on the thesis of counter closure for knowledge. We argue that the cases do not involve knowledge from falsehood; despite appearances, the false beliefs in the cases in question are causally, and therefore epistemologically, incidental, and knowledge is achieved despite falsehood. We also show that the (...) principle of counter closure, and the concomitant denial of knowledge from falsehood, is well motivated by considerations in epistemological theory--in particular, by the view that knowledge is first in the epistemological order of things. (shrink)

In this paper I discuss a number of different relationships between two kinds of obligation: those which have individuals as their subject, and those which have groups of individuals as their subject. I use the name collective obligations to refer to obligations of the second sort. I argue that there are collective obligations, in this sense; that such obligations can give rise to and explain obligations which fall on individuals; that because of these facts collective obligations are not simply reducible (...) to individual obligations; and that collective obligations supervene on individual obligations, without being reducible to them. The sort of supervenience I have in mind here is what is sometimes called ‘global supervenience’. In other words, there cannot be two worlds which differ in respect of the collective obligations which exist in them without also differing in respect of the individual obligations which exist in them. (shrink)

It is sometimes argued that non-agent collectives, including what one might call the ‘global collective’ consisting of the world’s population taken as a whole, cannot be the bearers of non-distributive moral obligations on pain of violating the principle that ‘ought implies can’. I argue that one prominent line of argument for this conclusion fails because it illicitly relies on a formulation of the ‘ought implies can’ principle which is inapt for contexts which allow for the possibility of non-distributive plural predications (...) of agency, which are precisely the contexts in which we might expect non-agents to be obligation-bearers. (shrink)

Many authors hold that collectives, as well as individuals can be the subjects of obligations. Typically these authors have focussed on the obligations of highly structured groups, and of small, informal groups. One might wonder, however, whether there could also be collective obligations which fall on everyone – what I shall call ' global collective obligations '. One reason for thinking that this is not possible has to do with considerations about agency : it seems as though an entity can (...) only be the subject of obligations if it is an agent. In this paper, I try to show that the argument from agency is not a good reason for being sceptical about the existence of global collective obligations : it derives whatever plausibility it has from the idea that claims about obligation need to be addressable to some agent. My suggestion is that we should accept this principle about the addressability of obligations, but deny that the addressee of an obligation need be the subject of that obligation. The collective obligations of unstructured collections of individuals, including global collective obligations, meet the addressability requirement insofar as they require something of the individuals who make up the collective. (shrink)

As an explicit organizing metaphor, memory aid, and conceptual framework, the prefrontal cortex may be viewed as a five-member ‘Executive Committee,’ as the prefrontal-control extensions of five sub-and-posterior-cortical systems: the ‘Perceiver’ is the frontal extension of the ventral perceptual stream which represents the world and self in object coordinates; the ‘Verbalizer’ is the frontal extension of the language stream which represents the world and self in language coordinates; the ‘Motivator’ is the frontal cortical extension of a subcortical extended-amygdala stream which (...) represents the world and self in motivational/emotional coordinates; the ‘Attender’ is the frontal cortical extension of a subcortical extended-hippocampal stream which represents the world and self in spatiotemporal coordinates and directs attention to internal and external events; and the ‘Coordinator’ is the frontal extension of the dorsal perceptual stream which represents the world and self in body- and eye-coordinates and controls willed action and working memory. This tutorial review examines the interacting roles of these five systems in perception, working memory, attention, long - term memory, motor control, and thinking. (shrink)

I consider the metaphysics of farts. I contrast the essential-bum-origin view with a phenomenological view, and I argue in favour of the latter.

Several philosophers think there are important analogies between emotions and perceptual states. Furthermore, considerations about the rational assessibility of emotions have led philosophers—in some cases, the very same philosophers—to think that the content of emotions must be propositional content. If one finds it plausible that perceptual states have propositional contents, then there is no obvious tension between these views. However, this view of perception has recently been attacked by philosophers who hold that the content of perception is object-like. I shall (...) argue for a view about the content of emotions and perceptual states which will enable us to hold both that emotional content is analogous to perceptual content and that both emotions and perceptual states can have propositional contents. This will involve arguing for a pluralist view of perceptual content, on which perceptual states can have both contents which are proposition-like and contents which are object-like. I shall also address two significant objections to the claim that emotions can have proposition-like contents. Meeting one of these objections will involve taking on a further commitment: the pluralist account of perceptual content will have to be one on which the contents of perception can be non-conceptual. (shrink)

In this paper, I discuss a distinctively non-paradigmatic instance of punishment: the punishment of non-citizens. I shall argue that the punishment of non-citizens presents considerable difficulties for one currently popular account of criminal punishment: Antony Duff’s communicative expressive theory of punishment. Duff presents his theory explicitly as an account of the punishment of citizens - and as I shall argue, this is not merely an incidental feature of his account. However, it is plausible that a general account of the criminal (...) law of the kind of idealized state that Duff focusses on will need to say something about how that law deals with non-citizens. In particular, I claim, it will need to provide a justification for punishing them. Because Duff's account says nothing about the punishment of non-citizens, it cannot do so. Furthermore, although Duff's more recent suggestion that non-citizens should be thought of as being guests in the state on whose territory they are present may provide for an account of their criminalization, it cannot easily be extended into an account that provides a justification for their punishment. (shrink)

According to Wringe 2006 we have good reasons for accepting the existence of Global Collective Obligations - in other words, collective obligations which fall on the world’s population as a whole. One such reason is that the existence of such obligations provides a plausible solution a problem which is sometimes thought to arise if we think that individuals have a right to have their basic needs satisfied. However, obligations of this sort would be of little interest – either theoretical or (...) practical – if they did not give rise, either directly or indirectly, to any kinds of reasons for individuals to behave in certain ways. -/- In this paper, I shall argue that in many situations, forward-looking global obligations give rise to an obligation on individuals to work towards bringing into existence and support an institutional system which will enable their obligations to be met. My argument for this conclusion involves two steps. In the first step, I address a general question about how collective obligations can give rise to individual obligations without being reducible to them, and which obligations they give rise to. Here I give a Kant-inspired argument, based on the principles that ‘ought implies can’ and that the content of the moral law is given by reflecting on how agents should legislate in a kingdom of ends, which is designed to show that collective obligations can give rise to individual obligations. In the second step I apply this principle to the case of global forward-looking obligations. (shrink)

Many philosophers hold that punishment has an expressive dimension. Advocates of expressive theories have different views about what makes punishment expressive, what kinds of mental states and what kinds of claims are, or legitimately can be expressed in punishment, and to what kind of audience or recipients, if any, punishment might express whatever it expresses. I shall argue that in order to assess the plausibility of an expressivist approach to justifying punishment we need to pay careful attention to whether the (...) things which punishment is supposed to express are aimed at an audience. For the ability of any version of expressivism to withstand two important challenges, which I call the harsh treatment challenge’ and the ‘publicity challenge’ respectively. will depend on the way it answers them. The first of these challenges has received considerable discussion in the literature on expressive theories of punishment; the second considerably less. This is unfortunate. For careful consideration of the publicity challenge should lead us to favor a version of the expressive theory which has been under-discussed: the view on which punishment has an intended audience, and on which the audience is society at large, rather than—as on the most popular version of that view—the criminal. Furthermore, this view turns out to be better equipped to meet the harsh treatment challenge, and to be so precisely because of the way in which it meets the publicity challenge. (shrink)

Stewart Cohen’s New Evil Demon argument raises familiar and widely discussed concerns for reliabilist accounts of epistemic justification. A now standard response to this argument, initiated by Alvin Goldman and Ernest Sosa, involves distinguishing different notions of justification. Juan Comesaña has recently and prominently claimed that his Indexical Reliabilism (IR) offers a novel solution in this tradition. We argue, however, that Comesaña’s proposal suffers serious difficulties from the perspective of the philosophy of language. More specifically, we show that the two (...) readings of sentences involving the word ‘justified’ which are required for Comesaña’s solution to the problem are not recoverable within the two-dimensional framework of Robert Stalnaker to which he appeals. We then consider, and reject, an attempt to overcome this difficulty by appeal to a complication of the theory involving counterfactuals, and conclude the paper by sketching our own preferred solution to Cohen’s New Evil Demon. (shrink)

According to Kant, it is impermissible to treat humanity as a mere means. If we accept Kant's equation of humanity with rational agency, and are literalists about ascriptions of agency to collectives it appears to follow that we may not treat collectives as mere means. On most standard accounts of what it is to treat something as a means this conclusion seems highly implausible. I conclude that we are faced with a range of options. One would be to rethink the (...) equation of humanity with rationality. Another would be to abandon the prohibition on treating as a means. The last would be to abandon literalist construals of attribution of agency to collectives. (shrink)

When Dominique Strauss-Kahn, then head of the IMF, was arrested on charges of sexual assault arising from events that were alleged to have occurred during his stay in an up-market hotel in New York, a sizeable portion of French public opinion was outraged - not by the possibility that a well-connected and widely-admired politician had assaulted an immigrant hotel worker, but by the way in which the accused had been treated by the American authorities. I shall argue that in one (...) relatively minor respect, Strauss-Kahn’s defenders were correct. They were correct to argue that the parading of Strauss-Kahn before the press, in handcuffs - the so-called perp walk - constituted a form of punishment; and thus that it contravened the principle that criminal punishments should only be administered after a fair trial. So-called ‘expressive’ theorists of punishment hold that a form of harsh treatment can only constitute a form of punishment if it has an expressive role. Within the expressive family, we can distinguish between views on which the primary target of the communication to be the society of which either offender, or victim, or both are members—what I call ‘Denunciatory Views’, and views which take the principle target of penal communication to be the offender—such as Antony Duff’s Communicative View. I shall argue that on both a minimal account of punishment and on either kind of expressive view, ‘perp walks’ are a form of punishment. (shrink)

It is sometimes thought that the normative justification for responding to large-scale violations of human rights via the judicial appararatus of trial and punishment is undermined by the desirability of reconciliation between conflicting parties as part of the process of conflict resolution. I take there to be philosophical, as well as practical and psychological issues involved here: on some conceptions of punishment and reconciliation, the attitudes that they involve conflict with one another on rational grounds. But I shall argue that (...) there is a conception of political reconciliation available which does not involve forgiveness and this forms of reconciliation may be the best we can hope for in many conflicts. Reconciliation is nevertheless likely to require the expression of what Darrell Moellendorf has called 'political regret' and the denunciatory role aspect of punishment makes it particularly well-suited to this role. (shrink)

Understood in their historical context, current debates about psychiatric classification, prompted by the publication of the DSM-5, open up new opportunities for improved translational research in psychiatry. In this paper, we draw lessons for translational research from three time slices of 20th century psychiatry. From the first time slice, 1913 and the publication of Jaspers’ General Psychopathology, the lesson is that translational research in psychiatry requires a pluralistic approach encompassing equally the sciences of mind (including the social sciences) and of (...) brain. From the second time slice, 1953 and a conference in New York from which our present symptom-based classifications are derived, the lesson is that, while reliability remains the basis of psychiatry as an observational science, validity too is essential to effective translation. From the third time slice, 1997 and a conference on psychiatric classification in Dallas that brought together patients and carers with researchers and clinicians, the lesson is that we need to build further on collaborative models of research combining expertise-by-training with expertise-by-experience. This is important if we are to meet the specific challenges to translation presented by the complexity of the concept of mental disorder, particularly as reflected in the diversity of desired treatment outcomes. Taken together, these three lessons – a pluralistic approach, reliability and validity, and closer collaboration – provide an emerging framework for more effective translation of research into practice in 21st century psychiatry. (shrink)

Thomas Pogge has argued, famously, that ‘we’ are violating the rights of the global poor insofar as we uphold an unjust international order which provides a legal and economic framework within which individuals and groups can and do deprive such individuals of their lives, liberty and property. I argue here that Pogge’s claim that we are violating a negative duty can only be made good on the basis of a substantive theory of collective action; and that it can only provide (...) substantive ethical guidance when combined with an account of how collective action gives rise to forward-looking responsibility and/or accountability on an individual level. I consider accounts of these two topics given in work by Peter French and Christopher Kutz; and I argue that neither of them give Pogge what he needs. Although there is a sense in which 'we' can be said to be violating the rights of the worst off, the sense in which this is true does not generate any plausible action-guiding claims for individuals. (shrink)

Nathan Hanna has recently addressed a claim central to my 2013 article ‘Must Punishment Be Intended to Cause Suffering’ and to the second chapter of my 2016 book An Expressive Theory of Punishment: namely, that punishment need not involve an intention to cause suffering. -/- Hanna defends what he calls the ‘Aim To Harm Requirement’ (AHR), which he formulates as follows. AHR: ‘an agent punishes a subject only if the agent intends to harm the subject’ (Hanna 2017 p969). I’ll try (...) to show in this note that Hanna’s latest attempts to defend AHR fail. I’ll start by setting out my own view, drawing attention to one significant, but perhaps understandable, misstatement of Hanna’s. I’ll then discuss two alleged counter-examples that Hanna presents to my view, and show that they both fail in their own terms. I’ll also argue that, given assumptions that Hanna is willing to make a scenario closely related to one that Hanna presents counts against AHR. I’ll then discuss how significant it would be if these counter-examples were successful. My view is that it wouldn’t matter much, and that anyone attracted to abolitionism should agree. I’ll conclude with a brief discussion of Hart, which may be of interest to enthusiasts and Hart scholars. (shrink)

Many Epicurean arguments for the claim that death is nothing to us depend on the ‘Experience Constraint’: the claim that something can only be good or bad for us if we experience it. However, Epicurus’ commitment to the Experience Constraint makes his attitude to will-writing puzzling. How can someone who accepts the Experience Constraint be motivated to bring about post mortem outcomes?We might think that an Epicurean will-writer could be pleased by the thought of his/her loved ones being provided for (...) after his/her death. Warren has argued that this does not dissolve the puzzle, since it involves a hope which the Epicurean should take to be empty just as the fear of death is empty. However, if it is a necessary condition of an emotion’s being empty that it involve accepting a claim which is not only false but also harmful it is not clear that this hope is indeed ‘empty’: there is a crucial disanalogy between fearing death and hoping for the prosperity of one’s children here. And if emptiness does... (shrink)

Scholarly processes play a pivotal role in discovering, challenging, improving, advancing, synthesizing, codifying, and disseminating knowledge. Since the 17th Century, both the quality and quantity of knowledge that scholarship has produced has increased tremendously, granting academic research a pivotal role in ensuring material and social progress. Artificial Intelligence (AI) is poised to enable a new leap in the creation of scholarly content. New forms of engagement with AI systems, such as collaborations with large language models like GPT-3, offer affordances that (...) will change the nature of both the scholarly process and the artifacts it produces. (shrink)

In this paper I attempt to show how an appeal to a particular kind of collective obligation - a collective obligation falling on an unstructured collective consisting of the world’s population as a whole – can be used to undermine recently influential objections to the idea that there is a human right to health which have been put forward by Gopal Sreenivasan and Onora O’Neill. -/- I take this result to be significant both for its own sake and because it (...) helps to answer a challenge often put to Those who argue for the existence of collective obligations: namely, to explain why the question of whether there are any such obligations might matter from a practical point of view. One way of introducing the objection is to focus on questions of agency. Here I'll argue both that there can be obligations on groups that are not themselves collective agents, and that these can play an important explanatory and clarifcatory role in accounting for obligations which fall on individuals. (shrink)

Book Review. The author asserts that scientific inquiry can tell us what we should and should not value. He says that the proper meaning of "morality" is that which leads to human flourishing and that careful observation of what in fact fulfils people is not a matter of philosophical or religious debate but rather a matter of scientific inquiry. But he fails to make the move from concern for one's own well being to concern for the well being of conscious (...) creatures generally. (shrink)

Ambivalence—where we experience two conflicting emotional responses to the same object, person or state of affairs—is sometimes thought to pose a problem for cognitive theories of emotion. Drawing on the ideas of the Stoic Chrysippus, I argue that a cognitivist can account for ambivalence without retreating from the view that emotions involve fully-fledged evaluative judgments. It is central to the account I offer that emotions involve two kinds of judgment: one about the object of emotion, and one about the subject's (...) response. (shrink)

Frederick Douglass, the abolitionist, the civil rights advocate and the great rhetorician, has been the focus of much academic research. Only more recently is Douglass work on aesthetics beginning to receive its due, and even then its philosophical scope is rarely appreciated. Douglass’ aesthetic interest was notably not so much in art itself, but in understanding aesthetic presentation as an epistemological and psychological aspect of the human condition and thereby as a social and political tool. He was fascinated by the (...) power of images, and took particular interest in the emerging technologies of photography. He often returned to the themes of art, pictures and aesthetic perception in his speeches. He saw himself, also after the end of slavery, as first and foremost a human rights advocate, and he suggests that his work and thoughts as a public intellectual always in some way related to this end. In this regard, his interest in the power of photographic images to impact the human soul was a lifelong concern. His reflections accordingly center on the psychological and political potentials of images and the relationship between art, culture, and human dignity. In this chapter we discuss Douglass views and practical use of photography and other forms of imagery, and tease out his view about their transformational potential particularly in respect to combating racist attitudes. We propose that his views and actions suggest that he intuitively if not explicitly anticipated many later philosophical, pragmatist and ecological insights regarding the generative habits of mind and affordance perception : I.e. that we perceive the world through our values and habitual ways of engaging with it and thus that our perception is active and creative, not passive and objective. Our understanding of the world is simultaneously shaped by and shaping our perceptions. Douglass saw that in a racist and bigoted society this means that change through facts and rational arguments will be hard. A distorted lens distorts - and accordingly re-produces and perceives its own distortion. His interest in aesthetics is intimately connected to this conundrum of knowledge and change, perception and action. To some extent precisely due to his understanding of how stereotypical categories and dominant relations work on our minds, he sees a radical transformational potential in certain art and imagery. We see in his work a profound understanding of the value-laden and action-oriented nature of perception and what we today call the perception of affordances (that is, what our environment permits/invites us to do). Douglass is particularly interested in the social environment and the social affordances of how we perceive other humans, and he thinks that photographs can impact on the human intellect in a transformative manner. In terms of the very process of aesthetic perception his views interestingly cohere and supplement a recent theory about the conditions and consequences of being an aesthetic beholder. The main idea being that artworks typically invite an asymmetric engagement where one can behold them without being the object of reciprocal attention. This might allow for a kind of vulnerability and openness that holds transformational potentials not typically available in more strategic and goal-directed modes of perception. As mentioned, Douglass main interest is in social change and specifically in combating racist social structures and negative stereotypes of black people. He is fascinated by the potential of photography in particular as a means of correcting fallacious stereotypes, as it allows a more direct and less distorted image of the individuality and multidimensionality of black people. We end with a discussion of how, given this interpretation of aesthetic perception, we can understand the specific imagery used by Douglass himself. How he tried to use aesthetic modes to subvert and change the racist habitus in the individual and collective mind of his society. We suggest that Frederick Douglass, the human rights activist, had a sophisticated philosophy of aesthetics, mind, epistemology and particularly of the transformative and political power of images. His works in many ways anticipate and sometimes go beyond later scholars in these and other fields such as psychology & critical theory. Overall, we propose that our world could benefit from revisiting Douglass’ art and thought. (shrink)

It is natural to think of political philosophy as being concerned with reflection on some of the ways in which groups of human beings come together to confront together the problems that they face together: in other words, as the domain, par excellence, of collective action. From this point of view it might seem surprising that the notion of collective obligation rarely assumes centre-stage within the subject. If there are, or can be, collective obligations, then these must surely constrain the (...) ways in which we can act collectively. Indeed, one might even suspect that considerations about collective obligations ought to play a central role in demarcating the form that any legitimate form of political organization ought to take. -/- Elsewhere I have argued that we have good reasons for accepting the existence of global collective obligations - in other words, collective obligations which fall on the world’s population as a whole.(Wringe 2006, 2010, forthcoming, under review) For example, the existence of such obligations provides a plausible solution to a problem which is sometimes thought to arise if we think that individuals have a right to have their basic needs satisfied. In this paper, I shall argue that in many situations, forward-looking global obligations give rise to an obligation on individuals to work towards bringing into existence and support an institutional system which will enable their obligations to be met. Call such an obligation the ‘Obligation to Promote Satisfactory Global Institutions.’ I shall also examine a significant challenge to this line of argument, which I call the ‘Pluralist Challenge’ One might suppose that the ‘Obligation to Promote Satisfactory Global Institutions’ could be met by providing strategic support to attempts to modify and extend existing international institutions. After all, creating new institutions is a difficult matter: perhaps it would be better, especially where stringent obligations are concerned, to concentrate on those institutions which we already have. On the other hand, existing international institutions are subject to a range of significant moral and ethical criticisms. It would simply be naïve to suppose that their existence of such institutions is based on an international consensus about what justice requires; and it is not clear how we could motivate individuals who have severe ethical reservations about the existence of such institutions, or why we should wish to. This suggests that those who think that there are global collective obligations, and that such obligations should play an important role in shaping how we think of international distributive justice are faced with a significant dilemma: either support a program of extending and strengthening existing institutions in a way which risks entrenching some existing forms of injustice; or commit oneself to a program of attempting to build new institutions which will have to compete with those institutions we have already and which are unlikely to be in a position to meet help us to discharge our collective obligations at any point in the near future. Neither option seems satisfactory. I shall argue that our response should be to look for plausible ethical constraints on how international institutions should be developed, and suggest that these constraints are likely to take a cosmopolitan form. (shrink)