The requirements of rationality are fundamental in practical and theoretical philosophy. Nonetheless, there exists no correct account of what constitutes rational requirements. This paper attempts to provide a correct constitutive account of ‘rationality requires’. I argue that rational requirements are grounded in ‘necessary explanations of subjective incoherence’, as I shall put it. Rationality requires of you to X if and only if your rational capacities, in conjunction with the fact that you not-X, explain necessarily why you have a non-maximal degree (...) of subjective coherence. (shrink)

Davidson famously contended that all actions are movements of the agent's body. It has been objected, however, that Davidson's view is incompatible with his own definition of primitive actions. This paper argues that this objection is based on an incorrect reading of Davidson's argument. I will show that by reading "movements", in "all actions are bodily movements", transitively, Davidson's definition of primitive actions ceases to conflict with his thesis that all actions are bodily movements.

This paper argues that practical reasoning is a mental process which leads a person from a set of existent mental states to an intention. In Section 1, I defend this view against two other proposals according to which practical reasoning either concludes in an action itself or in a normative belief. Section 2 discusses the correctness of practical reasoning and explains how the correctness of instrumental reasoning can be explained by the logical relations that hold between the contents of the (...) mental states. In Section 3, I explore the correctness of normative practical reasoning. I conclude with the sceptical view that correct practical reasoning cannot require us to intend to do what we believe we ought to do. (shrink)

A main goal of the neuroscience of consciousness is: find the neural correlate to conscious experiences (NCC). When have we achieved this goal? The answer depends on our operationalization of “NCC.” Chalmers (2000) shaped the widely accepted operationalization according to which an NCC is a neural system with a state which is minimally sufficient (but not necessary) for an experience. A deeper look at this operationalization reveals why it might be unsatisfactory: (i) it is not an operationalization of a correlate (...) for occurring experiences, but of the capacity to experience; (ii) it is unhelpful for certain cases which are used to motivate a search for neural correlates of consciousness; (iii) it does not mirror the usage of “NCC” by scientists who seek for unique correlates; (iv) it hardly allows for a form of comparative testing of hypotheses, namely experimenta crucis. Because of these problems (i–iv), we ought to amend or improve on Chalmers's operationalization. Here, I present an alternative which avoids these problems. This “NCC2.0” also retains some benefits of Chalmers's operationalization, namely being compatible with contributions from extended, embedded, enacted, or embodied accounts (4E-accounts) and allowing for the possibility of non-biological or artificial experiencers. (shrink)

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

Does a coherentist version of rationality issue requirements on states? Or does it issue requirements on processes? This paper evalu- ates the possibility of process-requirements. It argues that there are two possible definitions of state- and process-requirements: a satisfaction- based definition and a content-based definition. I demonstrate that the satisfaction-based definition is inappropriate. It does not allow us to uphold a clear-cut distinction between state- and process-requirements. We should therefore use a content-based definition of state- and pro- cess-requirements. However, a (...) content-based definition entails that ra- tionality does not issue process-requirements. Content-based process- requirements violate the principle that ‘rationality requires’ implies ‘can satisfy’. The conclusion of this paper therefore amounts to a radical re- jection of process-requirements of rationality. (shrink)

Suppose rationality requires you to A if you believe you ought to A. Suppose you believe that you ought to A. How can you satisfy this requirement? One way seems obvious. You can satisfy this requirement by A-ing. But can you also satisfy it by stopping to believe that you ought to A? Recently, it has been argued that this second option is not a genuine way of satisfying the above requirement. Conditional requirements of rationality do not have two ‘symmetric’, (...) but only one ‘asymmetric’ satisfaction condition. This paper explores the consequences of this argument for a theory of the requirements of rationality. I seek to show that thisview conflicts with another powerful intuition about the requirements of rationality, i.e. ‘rational consistency’: if rationality requires you to X, then it is not the case that rationality requires you to not-X. I shall conclude that ‘asymmetric’ satisfying is based on a misleading intuition, for which we should not sacrifice ‘rational consistency’. (shrink)

Auf welchen normativen Grundlagen beruhte das NS-System? Mit welcher Rechtfertigung konnte der Führerwille dort zu einer Quelle des Rechts werden? Wie war es gemäß der NS-Strafgesetzgebung möglich, Handlungen zu bestrafen, die gegen kein geschriebenes Gesetz verstießen? Die in diesem Band versammelten und kommentierten Originaltexte geben Einblick in das Denken von Rechtstheoretikern, die mit dem Nationalsozialismus sympathisierten, und belegen deren Versuch, autoritäre und dem Rechtsstaat widersprechende Rechtsprinzipien zu legitimieren. Dabei zeigt sich ein überraschender und bis jetzt von der rechts- und moralphilosophischen (...) Forschung weitgehend unbeachteter Aspekt des NS-Unrechtssystems: der Versuch einer »Ethisierung« des Rechts und die damit verbundene Totalisierung des machtstaatlichen Einflusses. (shrink)

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

Within the debate concerning reason and rationality, instrumental incoherence was for a long time conceived of as the paradigm of irrationality. However, with the emergence of the so-called ‘bootstrapping objection’ and the debate concerning the ‘scope’ of rational requirements, the innocuous status of the normative significance of (instrumental) coherence became subject to. This led to a paradigmatic shift in how to understand the relationship between rational requirements and normativity. While there now exists considerable doubt that rational requirements are normative, it (...) is commonly agreed that one’s normative point of view is a key feature of one’s rationality. Here the question is not only if one can hold a particular normative judgement and still be rational; what is significant too is whether your normative outlook coheres appropriately with your motivation. In fact, it is now commonly agreed that rationality requires us to intend to make the world fit with our first-personal ought beliefs. Enkrasia (i.e. coherence between your normative views and your motivation) is thus seen as a rational ideal and as a source of rational requirements. Nevertheless, many elementary questions regarding the application, content, and significance of an enkrasia-requirement remain unanswered, or subject to debate. This special issue on ‘The Nature of the Enkratic Requirement of Rationality’ aims to answer some of these fundamental questions. (shrink)

Pascal’s wager uses decision theory to argue that it is rational to attempt to nurture belief in God, based on the expected utility of believing (infinite happiness) compared to not believing (at best, only finite happiness). A belief in an eternal conscious torment in hell (infinite suffering) for non-believers makes the differences in expected utility even more apparent, strengthening the argument. Similar reasoning can also be used to calculate the expected moral value of actions, including procreation. Under theism, if possible (...) future children might suffer eternal conscious torment, the expected moral value of procreation is extremely negative. This implies that theists have a moral obligation not to procreate, which for most theists, entails a moral obligation to be celibate or to undergo sterilisation surgery. (shrink)

It is widely agreed that possession of consciousness contributes to an entity’s moral status, even if it is not necessary for moral status (Levy and Savulescu 2009). An entity is considered to have...

Quantum theory offers mathematical descriptions of measurable phenomena with great facility and accuracy, but it provides absolutely no understanding of why any particular quantum outcome is observed. It is the province of genuine explanations to tell us how things actually work—that is, why such descriptions hold and why such predictions are true. Quantum theory is long on the what, both mathematically and observationally, but almost completely silent on the how and the why. What is even more interesting is that, in (...) some sense, this state of affairs seems to be a necessary consequence of the empirical adequacy of quantum descriptions. One of the most noteworthy achievements of quantum theory is the accurate prediction of phenomena that, on pain of experimental contradiction, have no physical explanation. It is the purpose of this essay to make clear why quantum mechanics and quantum field theory are complete physical descriptions that describe the metaphysical incompleteness of the physical world, then to press the negative implications of this fact for naturalistic metaphysics. (shrink)

Can we employ the property of rationality in establishing what rationality requires? According to a central and formal thesis of John Broome’s work on rational requirements, the answer is ‘no’ – at least if we expect a precise answer. In particular, Broome argues that (i) the property of full rationality (i.e. whether or not you are fully rational) is independent of whether we formulate conditional requirements of rationality as having a wide or a narrow logical scope. That is, (ii) by (...) replacing a wide-scope requirement with a corresponding narrow-scope requirement (or vice versa), we do not alter the situations in which a person is fully rational. As a consequence, (iii) the property of full rationality is unable to guide us in determining whether a rational requirement has a wide or a narrow logical scope. We cannot resolve the wide/narrow scope debate by appealing to a theory of fully rational attitudes. This paper argues that (i), (ii) and (iii) are incorrect. Replacing a wide- with a corresponding narrow-scope requirement (or vice versa) can alter the set of circumstances in which a person is fully rational. The property of full rationality is therefore not independent of whether we formulate conditional requirements of rationality as having a wide or a narrow logical scope. As a consequence, the property of full rationality can guide us in determining what rationality requires – even in cases where we expect a precise answer. (shrink)

This paper discusses whether rationality, morality or prudence impose process-requirements upon us. It has been argued that process-requirements fulfil two essential functions within a system of rational, moral or prudential requirements. These functions are considered to prove the existence of process-requirements. First, process-requirements are deemed necessary to ensure that rationality, morality or prudence can guide our deliberations and actions. Second, their existence is regarded as essential for the correctness of our ordinary explanations of why a person possesses a certain degree (...) of morality, rationality or prudence. However, I argue that these two functions are unable to show the existence of process-requirements. Instead, I propose a different essential function for process-requirements: they are necessary for attributing the correct degree of rationality, morality or prudence to a subject who is not entirely rational, moral or prudent. This function, I argue, necessitates the existence of process-requirements. (shrink)

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

I begin by distinguishing four different versions of the argument from evil that start from four different moral premises that in various ways link the existence of God to the absence of suffering. The version of the argument from evil that I defend starts from the premise that if God exists, he would not allow excessive, unnecessary suffering. The argument continues by denying the consequent of this conditional to conclude that God does not exist. I defend the argument against Skeptical (...) Theists who say we are in no position to judge that there is excessive, unnecessary suffering by arguing that this defense has absurd consequences. It allows Young Earthers to construct a parallel argument that concludes that we are in no position to judge that God did not create the earth recently. In the last section I consider whether theists can turn the argument from evil on its head by arguing that God exists. I first criticize Alvin Plantinga’s theory of warrant that one might try to use to argue for God’s existence. I then criticize Richard Swinburne’s Bayesian argument to the same conclusion. I conclude that my version of the argument from evil is a strong argument against the existence of God and that several important responses to it do not defeat it. (shrink)

A substantial proportion of human embryos spontaneously abort soon after conception, and ethicists have argued this is problematic for the pro-life view that a human embryo has the same moral status as an adult from conception. Firstly, if human embryos are our moral equals, this entails spontaneous abortion is one of humanity’s most important problems, and it is claimed this is absurd, and a reductio of the moral status claim. Secondly, it is claimed that pro-life advocates do not act as (...) if spontaneous abortion is important, implying they are failing to fulfill their moral obligations. We report that the primary cause of spontaneous abortion is chromosomal defects, which are currently unpreventable, and show that as the other major cause of prenatal death is induced abortion, pro-life advocates can legitimately continue efforts to oppose it. We also defend the relevance of the killing and letting die distinction, which provides further justification for pro-life priorities. (shrink)

This study explores the interface between conscious and nonconscious mental processes using phenomenological analysis, information processing cognitive psychology, connectionism and traditional aesthetic theories. It attempts to explain how global, evaluative information--especially the primitive feeling of 'rightness' or 'making sense'--is represented in consciousness. ;Many lines of evidence confirm and extend William James' nucleus/fringe model of consciousness: surrounding clear experience in focal attention is a fringe of vague experience. Context information in general, and the feeling of rightness in particular, occupy the fringe. (...) The fringe is vague because it works to finesse consciousness' limited capacity to articulate experience, and the fringe is elusive or 'ungraspable' because it helps to call new information into consciousness. The phenomenology of the fringe is thus a consequence of its cognitive functions. ;Meaningfulness is proposed to be a summary index of cognitive integration, signalling consciousness about the degree of global compatibility or 'fit' between a given content in the focus of attention and its nonconscious context. Though very similar to goodness-of-fit in a connectionist network, Meaningfulness is proposed to play an active feedback role in cognition, while goodness-of-fit, as currently used, is a passive measure of network integration. ;This analysis predicts that an intense feeling of Meaningfulness will have a characteristic 'profile,' and this profile is evident in many accounts of aesthetic experience: a feeling of unity and coherence that cannot be captured adequately in words, but which nevertheless seems to be a source of profound, and often "spiritual," knowledge. ;Many philosophical theories try to explain the unistic, ineffable, noetic, and transcendent aspects of the aesthetic. Platonic and Aristotelian traditions are considered, but the primary focus is on Kant. The Critique of Judgment created modern aesthetics, and in many ways it is remarkably compatible with current cognitive analysis. ;Beyond clarifying the cognitive foundation of aesthetic experience, this study offers new arguments against epiphenomenalism, provides further reason to doubt rule-based accounts of nonconscious processing, explains the isomorphism in aesthetic and mystical phenomenology, and develops a method to investigate consciousness called convergent phenomenology. (shrink)

I reply to criticisms of the divine command theory with an eye to noting the relation of ethics to an ontological ground. The criticisms include: the theory makes the standard of right and wrong arbitrary, it traps the defender of the theory in a vicious circle, it violates moral autonomy, it is a relic of our early deontological state of moral development. I then suggest how Henry Veatch's view of good as an ontological feature of the world provides a context (...) in which the divine command theory can be reasonably justified. (shrink)

Two or more attitudinal states are incoherent if and only if, necessarily, under conditions of full transparency, you are disposed to give up one of them. This is roughly the account of incoherence that has recently been put forward by Alex Worsnip (2018). In this paper, I argue that Worsnip’s account of incoherence is incorrect. Not only does it fail to be fully general (i.e., it does not allow us to assess the coherence of all combinations of attitudes), but it (...) also implies that an agent is necessarily incoherent just in virtue of being in one attitudinal state. (shrink)

Der Arktikel beschreibt die Logik des "eingefrorenen" Konflikts zwischen der Republik Moldau und der selbsternannten „Pridnestrowische Moldauischen Republik“ ("Transnistrien"). Bezugnehmend auf die strategischen Optionen der beteiligten Akteure wird erklärt warum der seit 1992 bestehende Konflikt zu keiner Lösung findet.

Perry Hendricks’ impairment argument for the immorality of abortion is based on two premises: first, impairing a fetus with fetal alcohol syndrome is immoral, and second, if impairing an organism to some degree is immoral, then ceteris paribus, impairing it to a higher degree is also immoral. He calls this the impairment principle. Since abortion impairs a fetus to a higher degree than FAS, it follows from these two premises that abortion is immoral. Critics have focussed on the ceteris paribus (...) clause of TIP, which requires that the relevant details surrounding each impairment be sufficiently similar. In this article, we show that the ceteris paribus clause is superfluous, and by replacing it with a more restrictive condition, the impairment argument is considerably strengthened. There are no data in this work. (shrink)

Animal rights activists are often accused of caring more about animals than about human beings. How, it is asked, can activists condemn the use of animals in biomedical research—research that improves human health and saves human lives? In this article, I argue that even if animal experimentation might eventually provide cures for many serious diseases, given the present state of the world, we are not justified supporting this research; rather, we ought to devote our limited resources to other forms of (...) humanitarian assistance. (shrink)

James Sterba has constructed a powerful argument for there being a conflict between the presence of evil in the world and the existence of God. I contend that Sterba’s argument depends on a crucial assumption, namely, that God has an obligation to act according to the principle of meticulous providence. I suggest that two of his analogies confirm his dependence on this requirement. Of course, his argument does not rest on either of these analogies, but they are illustrative of the (...) role that meticulous providence plays in his argument. I then investigate the ethical principles Sterba invokes in his use of meticulous providence and suggest that not only do we often not predicate goodness of human persons based on these principles of obligation, but that these principles are much too stringent to function to determine moral obligations and moral goodness. From there, I contend that to think that God has a similar obligation regarding meticulous providence in order to be good encounters several serious problems, especially with respect to the soul-building Sterba wants to preserve. I conclude by considering Sterba’s reply in terms of a limited application of meticulous providence. (shrink)

The alleged conflict between religion and science most pointedly focuses on what it is to be human. Western philosophical thought regarding this has progressed through three broad stages: mind/body dualism, Neo-Darwinism, and most recently strong artificial intelligence (AI). I trace these views with respect to their relation to Christian views of humans, suggesting that while the first two might be compatible with Christian thought, strong AI presents serious challenges to a Christian understanding of personhood, including our freedom to choose, moral (...) choice itself, self-consciousness, and the relevance of God to our beginning, being, and ending. (shrink)

In recent years, the science and the philosophy of consciousness has seen growing interest in structural questions about consciousness. This is the Editorial Introduction for a special volume for Philosophy and the Mind Sciences on “Structuralism in Consciousness Studies.”.

Conscientious objection in healthcare has come under heavy criticism on two grounds recently, particularly regarding abortion provision. First, critics claim conscientious objection involves a refusal to provide a legal and beneficial procedure requested by a patient, denying them access to healthcare. Second, they argue the exercise of conscientious objection is based on unverifiable personal beliefs. These characteristics, it is claimed, disqualify conscientious objection in healthcare. Here, we defend conscientious objection in the context of abortion provision. We show that abortion has (...) a dubitable claim to be medically beneficial, is rarely clinically indicated, and that conscientious objections should be accepted in these circumstances. We also show that reliance on personal beliefs is difficult to avoid if any form of objection is to be permitted, even if it is based on criteria such as the principles and values of the profession or the scope of professional practice. (shrink)

There is tension between commonly held views concerning phenomenal imagery on the one hand and our first-person epistemic access to it on the other. This tension is evident in many individual issues and experiments in philosophy and psychology (e.g. inattentional and change blindness, the speckled hen, dream coloration, visual periphery). To dissolve it, we can give up either (i) that we lack full introspective access to the phenomenal properties of our imagistic experiences, or (ii) that phenomenal imagery is fully determined, (...) or (iii) that phenomenal imagery does not exist. Which option is preferable? I explore the feasibility of option (ii) in more details by distinguishing between di erent kinds of indeterminacy. One of the most often proclaimed versions of indeterminacy is tied to Representationalism. However, I argue that in this context, Representationalism appears to be the least satisfying option, for which I give ten reasons. By abduction, we should reject Representationalism in favour of (i) or (iii)—the most parsimonious option being eliminativism, and the most conservative being the rejection of privileged access. The decision between these two, however, should be made on a case-by-case basis, depending on which is most adequate given the data. I illustrate this with the comparison between visual agnosia and Charles-Bonnet-Syndrome. (shrink)

Bringsjord and Licato provide a general meta-argument that cyberwarfare is so different from traditional kinetic warfare that no argument from analogy can allow the just war theory of Augustine and Aquinas to be pulled over from traditional warfare to cyberwarfare. I believe that this meta-argument is sound and that it applies not just to cyberwarfare: in particular, on my reading of the meta-argument, argument from analogy has never been adequate to allow JWT to be applied to the kind of warfare (...) that we are familiar with now. (shrink)

In ‘The Science of Art’ Ramachandran and Hirstein have written a vigorous, thought provoking paper. It raises many issues, but in the interest of brevity, I can only consider a few of them here.

Perry Hendricks’ original impairment argument for the immorality of abortion is based on the impairment principle (TIP): if impairing an organism to some degree is immoral, then ceteris paribus, impairing it to a higher degree is also immoral. Since abortion impairs a fetus to a higher degree than fetal alcohol syndrome (FAS) and giving a fetus FAS is immoral, it follows that abortion is immoral. Critics have argued that the ceteris paribus is not met for FAS and abortion, and so (...) we proposed the Modified Impairment Principle (MIP) to avoid these difficulties. Dustin Crummett has responded, arguing that MIP is open to various counterexamples which show it to be false. He also shows that MIP can generate moral dilemmas. Here, we propose a modification to MIP that resolves the issues Crummett raises. Additionally, Alex Gillham has criticized our appropriation of Don Marquis’ ‘future like ours’ reasoning about the wrongness of impairment. We show that his objections have minimal implications for our argument. (shrink)

O'Brien & Opie's (O&O's) theory demands a view of unconscious processing that is incompatible with virtually all current PDP models of neural activity. Relative to the alternatives, the theory is closer to an AI than a parallel distributed processing (PDP) perspective, and its treatment of phenomenology is ad hoc. It raises at least one important question: Could features of network relaxation be the “switch” that turns an unconscious into a conscious network?

Hussain claims that ethical consumers are subject to democratic requirements of morality, whereas ordinary price/quality consumers are exempt from these requirements. In this paper, we demonstrate that Hussain’s position is incoherent, does not follow from the arguments he offers for it, and entails a number of counterintuitive consequences.

Joona Räsänen has proposed a concept he calls Schrödinger’s Fetus as a solution to reconciling what he believes are two widely held but contradictory intuitions. I show that Elizabeth Harman’s Actual Future Principle, upon which Schrödinger’s Fetus is based, uses a more convincing account of personhood. I also argue that both Räsänen and Harman, by embracing animalism, weaken their arguments by allowing Don Marquis’ ‘future like ours’ argument for the immorality of abortion into the frame.

This paper is a rejoinder to Michael Almeida's reply to my chapter "Unrestricted Actualization and Divine Providence" in Oxford Studies in Philosophy of Religion Volume 9 (where his reply also appears).

The paper reaches two main conclusions: Firstly, even if there are one or more possible worlds than which there are none better, God cannot actualise any of them. Secondly, if there are possible worlds which God can actualise, and than which God can actualise none better, then God must actualise one of them. The paper is neutral between compatibilist and libertarian views of creaturely freedom. The paper's main ideas have been used, with modifications, in my book "God, the Best, and (...) Evil" (OUP 2008). (shrink)

These days, creativity is a hot commodity, the magic ingredient that separates excellence from competence in every field of human endeavor. Yet there is little agreement on what it is, especially in education, where Jean Piaget’s critique of imagination remains influential. I outline the basis for a naturalized conception of creativity rooted in evolutionary processes that are enhanced by and in turn amplify individual and group creativity, and propose that replacing Piaget’s polarization of imagination and realistic thinking with Lev Vygotsky’s (...) integration of those mental processes is necessary to meet the aim of educating for creativity. The role of imagination in counterfactual thinking is explored and improvisation posited as a paradigmatic manifestation of both creative process and product. (shrink)

Rob Lovering has developed an interesting new critique of views that regard embryos as equally valuable as other human beings: the moral argument for frozen human embryo adoption. The argument is aimed at those who believe that the death of a frozen embryo is a very bad thing, and Lovering concludes that some who hold this view ought to prevent one of these deaths by adopting and gestating a frozen embryo. Contra Lovering, we show that there are far more effective (...) strategies for preserving the lives of frozen embryos than adoption. Moreover, we point out that those who regard the deaths of frozen embryos as a very bad thing will generally regard the deaths of all embryos as a very bad thing, whether they are discarded embryos, aborted embryos or embryos that spontaneously abort. This entails these other embryos must be taken into account when considering moral obligations, as well as other human lives at risk from preventable causes. (shrink)

In Morals from Motives, Michael Slote proposed an agent-based approach to virtue ethics in which the morality of an action derives solely from the agent’s motives. Among the many objections that have been raised against Slote’s account, this article addresses two problems associated with the Kantian principle that ought implies can. These are the problems of “deficient” and “inferior” motivation. These problems arise because people cannot freely choose their motives. We cannot always choose to act from good motives; nor can (...) we always avoid acting from bad ones. Given this, Slote’s account implies that we sometimes cannot do what we ought to do, contrary to Kant’s principle. In this article, I propose an alternative agent-based account which, I argue, circumvents these problems. While people cannot choose their motives, they can choose their intentions. By characterizing virtuous action, as I do, in terms of good intentions rather than in terms of good motives, the conflict between what people can do and what they ought to do is resolved. (shrink)

One question pursued in Buddhist studies concerns the classification of Buddhist ethics. Damien Keown has argued that Aristotelian virtue ethics provides a useful framework for understanding Buddhist ethics, but recently other scholars have argued that character consequentialism is more suitable for this task. Although there are similarities between the two accounts, there are also important differences. In this paper, I follow Keown in defending the aretaic interpretative model, although I do not press the analogy with Aristotelian ethics. Rather, I argue (...) that Buddhist ethics corresponds to a more generic, act-centered virtue ethics. Buddhist moral reasoning is often strikingly consequentialist, but I argue that this does not support the consequentialist interpretation. Analyzing the concept of right action must be distinguished from providing a justification for living a moral life and from formulating a procedure for making moral decisions. (shrink)

One important foundation of Buddhist ethics is a commitment to nonviolence. My aim in this paper is to work out the implications of this commitment with regard to the treatment of offenders. Given that punishment involves the intentional infliction of harm, I argue that the practice of punishment is incompatible with the principle of nonviolence. The core moral teaching of the Buddha is to conquer evil with goodness, and it is reconciliation, rather than punishment, that conforms to this teaching. I (...) argue that a commitment to nonviolence requires not only that we refrain from inflicting intentional harm, but that we refrain from inflicting unnecessary harm, and that this has important implications concerning the practice of incapacitation. I analyze the concept of harm and argue that the Buddhist understanding of this notion leads to the conclusion that none of the standard justifications for punishment are compatible with the principle of nonviolence, properly understood. (shrink)

It is beyond doubt that the legal system established by the Nazi government in Germany between 1933-1945 represented a gross departure from the rule of law: the Nazis eradicated legal security and certainty; allowed for judicial and state arbitrariness; blocked epistemic access to what the law requires; issued unpredictable legal requirements; and so on. This introduction outlines the distorted nature of the Nazi legal system and looks at the main factors that contributed to this grave divergence.

Two arguments have recently been advanced that Maxwell-Boltzmann particles areindistinguishable just like Bose–Einstein and Fermi–Dirac particles. Bringing modalmetaphysics to bear on these arguments shows that ontological indistinguishabilityfor classical (MB) particles does not follow. The first argument, resting on symmetryin the occupation representation for all three cases, fails since peculiar correlationsexist in the quantum (BE and FD) context as harbingers of ontic indistinguishability,while the indistinguishability of classical particles remains purely epistemic. The secondargument, deriving from the classical limits of quantum statistical partition (...) functions,embodies a conceptual confusion. After clarifying the doctrine of haecceitism, a thirdargument is considered that attempts to deflate metaphysical concerns altogether byshowing that the phase-space and distribution-space representations of MB-statisticshave contrary haecceitistic import. Careful analysis shows this argument to fail as well,leaving de re modality unproblematically grounding particle identity in the classicalcontext while genuine puzzlement about the underlying ontology remains for quantumstatistics. (shrink)

The paper defends the claim that it is metaphysically possible that continuants of at least some kinds can have life-histories that incorporate temporal gaps -- i.e., the continuants can go out of existence and then come into existence again. Opponents of this view have included Graham Nerlich and Bernard Williams, whose writings I discuss.i.