The New Evil Demon Problem is supposed to show that straightforward versions of reliabilism are false: reliability is not necessary for justification after all. I argue that it does no such thing. The reliabilist can count a number of beliefs as justified even in demon worlds, others as unjustified but having positive epistemic status nonetheless. The remaining beliefs---primarily perceptual beliefs---are not, on further reflection, intuitively justified after all. The reliabilist is right to count these beliefs as unjustified in demon worlds, (...) and it is a challenge for the internalist to be able to do so as well. (shrink)

Majority cycling and related social choice paradoxes are often thought to threaten the meaningfulness of democracy. But deliberation can prevent majority cycles – not by inducing unanimity, which is unrealistic, but by bringing preferences closer to single-peakedness. We present the first empirical test of this hypothesis, using data from Deliberative Polls. Comparing preferences before and after deliberation, we find increases in proximity to single-peakedness. The increases are greater for lower versus higher salience issues and for individuals who seem to have (...) deliberated more versus less effectively. They are not merely a byproduct of increased substantive agreement. Our results both refine and support the idea that deliberation, by increasing proximity to single-peakedness, provides an escape from the problem of majority cycling. (shrink)

Neutral monism is a position in metaphysics defended by Mach, James, and Russell in the early twentieth century. It holds that minds and physical objects are essentially two different orderings of the same underlying neutral elements of nature. This paper sets out some of the central concepts, theses and the historical background of ideas that inform this doctrine of elements. The discussion begins with the classic neutral monism of Mach, James, and Russell in the first part of the paper, then (...) considers recent neo-Russellian versions in the second half. The chances for a revival of neutral monism are probably slight; its key ideas and starting points lie far from those in contemporary philosophy of mind. A better route might be through the philosophy of science and a deeper understanding of causation. (shrink)

That parthood is a transitive relation is among the most basic principles of classical mereology. Alas, it is also very controversial. In a recent paper, Ingvar Johansson has put forward a novel diagnosis of the problem, along with a corresponding solution. The diagnosis is on the right track, I argue, but the solution is misleading. And once the pieces are properly put together, we end up with a reinforcement of the standard defense of transitivity on behalf of classical mereology.

We rely on language to know the minds of others, but does language have a role to play in knowing our own minds? To suppose it does is to look for a connection between mastery of a language and the epistemic relation we bear to our inner lives. What could such a connection consist in? To explore this, I shall examine strategies for explaining self-knowledge in terms of the use we make of language to express and report our mental states. (...) Success in these strategies will depend on the view we take of speakers' understanding of the words they use to speak their minds. The key is to avoid circularity in the account of how they know what they mean; for if knowing what one is saying in speaking a language provides a means of knowing one's own mind, it cannot simply be a part of it. I shall look at ways in which we might proceed here, and examine whether the strategy can make room for a genuinely first-person point of view. But first let me try to motivate the problem of self-knowledge. (shrink)

Techniques from behavioral economics—nudges—may help physicians increase pediatric vaccine compliance, but critics have objected that nudges can undermine autonomy. Since autonomy is a centrally important value in healthcare decision-making contexts, it counts against pediatric vaccination nudges if they undermine parental autonomy. Advocates for healthcare nudges have resisted the charge that nudges undermine autonomy, and the recent bioethics literature illustrates the current intractability of this debate. This article rejects a principle to which parties on both sides of this debate sometimes seem (...) committed: that nudges are morally permissible only if they are consistent with autonomy. Instead, I argue that, at least in the case of pediatric vaccination, some autonomy-undermining nudges may be morally justified. This is because parental autonomy in pediatric decision-making is not as morally valuable as the autonomy of adult patients, and because the interests of both the vaccinated child and other members of the community can sometimes be weighty enough to justify autonomy-infringing pediatric vaccination nudges. This article concludes with a set of worries about the effect of pediatric vaccination nudges on parent-physician relationships, and it calls on the American Academy of Pediatrics to draw on scientific and bioethics research to develop guidelines for the use of nudges in pediatric practice and, in particular, for the use of pediatric vaccination nudges. (shrink)

To what extent are cognitive capacities, especially perceptual capacities, informationally encapsulated and to what extent are they cognitively penetrable? And why does this matter? Two reasons we care about encapsulation/penetrability are: (a) encapsulation is sometimes held to be definitional of modularity, and (b) penetrability has epistemological implications independent of modularity. I argue that modularity does not require encapsulation; that modularity may have epistemological implications independently of encapsulation; and that the epistemological implications of the cognitive penetrability of perception are messier than (...) is sometimes thought. (shrink)

In this introduction, before summarizing the contents of the volume, the authors characterize materialism as it is understood within the philosophy of mind, and they identify three respects in which materialism is on the wane.

Current challenges in medical practice, research, and administration demand physicians who are familiar with bioethics, health law, and health economics. Curriculum directors at American Association of Medical Colleges-affiliated medical schools were sent confidential surveys requesting the number of required hours of the above subjects and the years in which they were taught, as well as instructor names. The number of relevant publications since 1990 for each named instructor was assessed by a PubMed search.In sum, teaching in all three subjects combined (...) comprises less than two percent of the total hours in the American medical curriculum, and most instructors have not recently published articles in the fields they teach. This suggests that medical schools should reevaluate their curricula and instructors in bioethics, health law, and health economics. (shrink)

Assuming that events form a genuine ontological category, shall we say that a good inventory of the world ought to include “negative” events—failures, omissions, things that didn’t happen—along with positive ones? I argue that we shouldn’t. Talk of non-occurring events is like talk of non-existing objects and should not be taken at face value. We often speak as though there were such things, but deep down we want our words to be interpreted in such a way as to avoid serious (...) ontological commitment. (shrink)

Klein’s account of epistemic justification, infinitism, supplies a novel solution to the regress problem. We argue that concentrating on the normative aspect of justification exposes a number of unpalatable consequences for infinitism, all of which warrant rejecting the position. As an intermediary step, we develop a stronger version of the ‘finite minds’ objection.

Certain commentators on Russell's “no class” theory, in which apparent reference to classes or sets is eliminated using higher-order quantification, including W. V. Quine and (recently) Scott Soames, have doubted its success, noting the obscurity of Russell’s understanding of so-called “propositional functions”. These critics allege that realist readings of propositional functions fail to avoid commitment to classes or sets (or something equally problematic), and that nominalist readings fail to meet the demands placed on classes by mathematics. I show that Russell (...) did thoroughly explore these issues, and had good reasons for rejecting accounts of propositional functions as extra-linguistic entities. I argue in favor of a reading taking propositional functions to be nothing over and above open formulas which addresses many such worries, and in particular, does not interpret Russell as reducing classes to language. (shrink)

Stewart Cohen argues that much contemporary epistemological theorizing is hampered by the fact that ‘epistemic justification’ is a term of art and one that is never given any serious explication in a non-tendentious, theory-neutral way. He suggests that epistemologists are therefore better off theorizing in terms of rationality, rather than in terms of ‘epistemic justification’. Against this, I argue that even if the term ‘epistemic justification’ is not broadly known, the concept it picks out is quite familiar, and partly because (...) it’s a term of art, justification talk is a better vehicle for philosophical theorizing. ‘Rational’ is too unclear for our philosophical purposes, and the fact that ‘epistemic justification’ gets fleshed out by appeal to substantive, controversial theses is no obstacle to its playing the needed role in epistemological theorizing. (shrink)

A look at the dynamical concept of space and space-generating processes to be found in Kant, J.F. Herbart and the mathematician Bernhard Riemann's philosophical writings.

The history of evolution is a history of development from less to more complex organisms. This growth in complexity of organisms goes hand in hand with a concurrent growth in complexity of environments and of organism-environment relations. It is a concern with this latter aspect of evolutionary development that motivates the present paper. We begin by outlining a theory of organism-environment relations. We then show that the theory can be applied to a range of different sorts of cases, both biological (...) and non-biological, in which objects are lodged or housed within specific environments, or niches. Biological science is interested in types—for example in genotypes, phenotypes, and environment types—in regularities that can serve as the basis for the formulation of laws or general principles. Types, however, can exist only through their corresponding tokens. Our theory of token environments is meant to plug this gap and to provide a first step towards a general theory of causally relevant spatial volumes. (shrink)

Sequel to Part I. In these articles, I describe Cantor’s power-class theorem, as well as a number of logical and philosophical paradoxes that stem from it, many of which were discovered or considered (implicitly or explicitly) in Bertrand Russell’s work. These include Russell’s paradox of the class of all classes not members of themselves, as well as others involving properties, propositions, descriptive senses, class-intensions and equivalence classes of coextensional properties. Part II addresses Russell’s own various attempts to solve these paradoxes, (...) including strategies that he considered and rejected (limitation of size, the zigzag theory, etc.), as well as his own final views whereupon many purported entities that, if reified, lead to these contradictions, must not be genuine entities, but ‘logical fictions’ or ‘logical constructions’ instead. (shrink)

Ordinary reasoning about space—we argue—is first and foremost reasoning about things or events located in space. Accordingly, any theory concerned with the construction of a general model of our spatial competence must be grounded on a general account of the sort of entities that may enter into the scope of the theory. Moreover, on the methodological side the emphasis on spatial entities (as opposed to purely geometrical items such as points or regions) calls for a reexamination of the conceptual categories (...) required for this task. Building on material presented in an earlier paper, in this work we offer some examples of what this amounts to, of the difficulties involved, and of the main directions along which spatial theories should be developed so as to combine formal sophistication with some affinity with common sense. (shrink)

In these articles, I describe Cantor’s power-class theorem, as well as a number of logical and philosophical paradoxes that stem from it, many of which were discovered or considered (implicitly or explicitly) in Bertrand Russell’s work. These include Russell’s paradox of the class of all classes not members of themselves, as well as others involving properties, propositions, descriptive senses, class-intensions, and equivalence classes of coextensional properties. Part I focuses on Cantor’s theorem, its proof, how it can be used to manufacture (...) paradoxes, Frege’s diagnosis of the core difficulty, and several broad categories of strategies for offering solutions to these paradoxes. (shrink)

Skeptics of the moral case against industrial farming often assert that harm to animals in industrial systems is limited to isolated instances of abuse that do not reflect standard practice and thus do not merit criticism of the industry at large. I argue that even if skeptics are correct that abuse is the exception rather than the rule, they must still answer for two additional varieties of serious harm to animals that are pervasive in industrial systems: procedural harm and institutional (...) oppression. That procedural and institutional harms create conditions under which abuse is virtually inevitable only increases the skeptic's burden. (shrink)

Extension is probably the most general natural property. Is it a fundamental property? Leibniz claimed the answer was no, and that the structureless intuition of extension concealed more fundamental properties and relations. This paper follows Leibniz's program through Herbart and Riemann to Grassmann and uses Grassmann's algebra of points to build up levels of extensions algebraically. Finally, the connection between extension and measurement is considered.

The paper presents a paradoxical feature of computational systems that suggests that computationalism cannot explain symbol grounding. If the mind is a digital computer, as computationalism claims, then it can be computing either over meaningful symbols or over meaningless symbols. If it is computing over meaningful symbols its functioning presupposes the existence of meaningful symbols in the system, i.e. it implies semantic nativism. If the mind is computing over meaningless symbols, no intentional cognitive processes are available prior to symbol grounding. (...) In this case, no symbol grounding could take place since any grounding presupposes intentional cognitive processes. So, whether computing in the mind is over meaningless or over meaningful symbols, computationalism implies semantic nativism. (shrink)

Many biologists and philosophers have worried that importing models of reasoning from the physical sciences obscures our understanding of reasoning in the life sciences. In this paper we discuss one example that partially validates this concern: part-whole reductive explanations. Biology and physics tend to incorporate different models of temporality in part-whole reductive explanations. This results from differential emphases on compositional and causal facets of reductive explanations, which have not been distinguished reliably in prior philosophical analyses. Keeping these two facets distinct (...) facilitates the identifi cation of two further aspects of reductive explanation: intrinsicality and fundamentality. Our account provides resources for discriminating between different types of reductive explanation and suggests a new approach to comprehending similarities and differences in the explanatory reasoning found in biology and physics. (shrink)

Maurice Merleau-Ponty is often interpreted as claiming that opportunities for action are directly present in perceptual experience. However, he does not provide much evidence for how or why this would occur, and one can doubt that this is an appropriate interpretation of his phenomenological descriptions. In particular, it could be argued the Merleau-Pontyian descriptions mistakenly attribute pre-perceptual or post-perceptual elements such as allocation of attention or judgment to the perceptual experience itself. This paper argues for the Merleau-Pontyian idea that opportunities (...) for action are present in perceptual experience. It further argues that the phenomenological descriptions can be supported and explained via reference to contemporary research on motor imagery. In particular, it will be argued that non-conscious, covert motor imagery is used to prepare for and regulate skilled actions, and that it is plausible that this imagery combines with perception (likely vision) to create a single experience of the environment as enabling action. The paper will also show that contemporary views on motor imagery are broadly compatible with Merleau-Ponty’s aims. (shrink)

I trace changes to Frege's understanding of numbers, arguing in particular that the view of arithmetic based in geometry developed at the end of his life (1924–1925) was not as radical a deviation from his views during the logicist period as some have suggested. Indeed, by looking at his earlier views regarding the connection between numbers and second-level concepts, his understanding of extensions of concepts, and the changes to his views, firstly, in between Grundlagen and Grundgesetze, and, later, after learning (...) of Russell's paradox, this position is a natural position for him to have retreated to, when properly understood. (shrink)

This paper investigates the view that digital hypercomputing is a good reason for rejection or re-interpretation of the Church-Turing thesis. After suggestion that such re-interpretation is historically problematic and often involves attack on a straw man (the ‘maximality thesis’), it discusses proposals for digital hypercomputing with Zeno-machines , i.e. computing machines that compute an infinite number of computing steps in finite time, thus performing supertasks. It argues that effective computing with Zeno-machines falls into a dilemma: either they are specified such (...) that they do not have output states, or they are specified such that they do have output states, but involve contradiction. Repairs though non-effective methods or special rules for semi-decidable problems are sought, but not found. The paper concludes that hypercomputing supertasks are impossible in the actual world and thus no reason for rejection of the Church-Turing thesis in its traditional interpretation. (shrink)

Analytic epistemologists agree that, whatever else is true of epistemic justification, it is distinct from knowledge. However, if recent work by Jonathan Sutton is correct, this view is deeply mistaken, for according to Sutton justification is knowledge. That is, a subject is justified in believing that p iff he knows that p. Sutton further claims that there is no concept of epistemic justification distinct from knowledge. Since knowledge is factive, a consequence of Sutton’s view is that there are no false (...) justified beliefs. <br> Following Sutton, I will begin by outlining kinds of beliefs that do not constitute knowledge but that seem to be justified. I will then be in a position to critically evaluate Sutton’s arguments for his position that justification is knowledge, concluding that he fails to establish his bold thesis. In the course of so doing, I will defend the following rule of assertion: (The JBK-rule) One must: assert p only if one has justification to believe that one knows that p.<br>. (shrink)

Abstract: According to certain dispositional accounts of meaning, an agent's meaning is determined by the dispositions that an idealized version of this agent has in optimal conditions. We argue that such attempts cannot properly fix meaning. For even if there is a way to determine which features of an agent should be idealized without appealing to what the agent means, there is no non-circular way to determine how those features should be idealized. We sketch an alternative dispositional account that avoids (...) this problem, according to which an agent's meaning is determined by the dispositions that an abstract version of this agent has in optimal conditions. (shrink)

An examination of the role played by general rules in Hume's positive (nonskeptical) epistemology. General rules for Hume are roughly just general beliefs. The difference between justified and unjustified belief is a matter of the influence of good versus bad general rules, the good general rules being the "extensive" and "constant" ones.

In this short response to Kerstein and Bognar, we clarify three aspects of the complete lives system, which we propose as a system of allocating scarce medical interventions. We argue that the complete lives system provides meaningful guidance even though it does not provide an algorithm. We also defend the investment modification to the complete lives system, which prioritizes adolescents and older children over younger children; argue that sickest-first allocation remains flawed when scarcity is absolute and ongoing; and argue that (...) Kerstein and Bognar are mistaken to base their allocation principles on differences in personhood. (shrink)

This paper is an attempt to argue that there existed a very prominent view of signs and signification in late sixteenth- and seventeenth-century Europe which can help us to understand several puzzling aspects of baroque culture. This view, called here "pansemioticism," constituted a fundamental part of the baroque conception of the world. After sketching the content and importance of pansemioticism, I will show how it can help us to understand the (from a modern perspective) rather puzzling concept of the polymath, (...) or polyhistor, which constituted the ideal of the baroque scientist. In this context I will also discuss a seventeenth century phenomenon essentially connected with polyhistorism, namely that of the early modem polyhistorical collections, the Wunderkamnmern. Since such a study needs a clearly determined focal point, we will concentrate on the last three quarters of the seventeenth century and will mainly discuss works by German authors of the time. (shrink)

This paper discusses certain problems arising within the treatment of the senses of functions in Alonzo Church's Logic of Sense and Denotation. Church understands such senses themselves to be "sense-functions," functions from sense to sense. However, the conditions he lays out under which a sense-function is to be regarded as a sense presenting another function as denotation allow for certain undesirable results given certain unusual or "deviant" sense-functions. Certain absurdities result, e.g., an argument can be found for equating any two (...) senses of the same type. An alternative treatment of the senses of functions is discussed, and is thought to do better justice to Frege's original theory. (shrink)

The way we farm, the kinds of backyards and landscapes we favor, and the way we control patterns of development are creating an invisible crisis through their affects upon soil ecology. The invisibility of soil ecosystems, the seemingly alien properties of the organisms that inhabit them, and the specialized knowledge required to understand them create obstacles to moral concern for these fountains of life. Our treatment of soils has reached the point of crisis. Obstacles to moral thinking about soils might (...) be overcome by supplying the moral imagination with a deeper understanding of our own biological identity as ecosystems analogous in organization and functions to soil ecosystems. Not only have microbes created the conditions necessary for human life, but they have shaped our evolutionary history and helped constitute the human genome. Our biological identity encompasses communities of microbes, such that humans (and all organisms) are most properly understood as ecosystems. For this reason, moral concern for humans implies moral concern for ecosystems. (shrink)

This article examines a fundamental question of justice in global health. Is it ethically preferable to provide a larger number of people with cheaper treatments that are less effective (or more toxic), or to restrict treatments to a smaller group to provide a more expensive but more effective or less toxic alternative? We argue that choosing to provide less effective or more toxic interventions to a larger number of people is favored by the principles of utility, equality, and priority for (...) those worst-off. Advocates are mistaken to demand that medical care provided in low-income and middle-income countries should be the same as in high-income countries. (shrink)

Quine’s desert is generally contrasted with Meinong’s jungle, as a sober ontological alternative to the exuberant luxuriance that comes with the latter. Here I focus instead on the desert as a sober metaphysical alternative to the Aristotelian garden, with its tidily organized varieties of flora and fauna neatly governed by fundamental laws that reflect the essence of things and the way they can be, or the way they must be. In the desert there are no “natural joints”; all the boundaries (...) we find are lines we have drawn, artificial fencings that merely reflect of our own demarcations, our classifications, our desperate need to ward off the flux and meet an excusable but ungrounded demand for order and stability. The desert returns a picture of reality that is radically anti-realist. And yet the picture does not amount to a form of irrealism. The desert is out there and is what it is regardless of how we feel. And it is not completely structureless. It’s just that the structure it has is very thin and does not correspond to the sort of structure that so-called metaphysical realists—and scientific realists alike—tend to attribute to it. (shrink)

Wall, G. Locke's attack on innate knowledge.--Harris, J. Leibniz and Locke on innate ideas.--Greenlee, D. Locke's idea of idea.--Aspelin, G. Idea and perception in Locke's essay.--Greenlee, D. Idea and object in the essay.--Mathews, H. E. Locke, Malebranche and the representative theory.--Alexander, P. Boyle and Locke on primary and secondary qualities.--Ayers, M. R. The ideas of power and substance in Locke's philosophy.--Allison, H. E. Locke's theory of personal identity.--Kretzmann, N. The main thesis of Locke's semantic theory.--Woozley, A. D. Some remarks on (...) Locke's account of knowledge.--Laudan, L. The nature and sources of Locke's views on hypotheses. (shrink)

The political distinction between left and right remains ideologically muddled. This was not always so, but an immediate return to the pristine usage is impractical. Putting a theory of social liberty to one side, this essay defends the interpretation of left-wing as personal-choice and right-wing as property-choice. This allows an axis that is north/choice (or state-free) and south/control (or state-ruled). This Political Compass clarifies matters without being tendentious or too complicated. It shows that what is called ‘libertarianism’ is north-wing. A (...) quiz gives the reader’s Political Compass reading. (shrink)

Contractarians view justice as being defined by a contract made by rational individuals. No one supposes that this contract is actual, and the fact that it is merely hypothetical raises a number of questions both about the assumptions under which it would be actual and about the force of hypothetical agreement that is contingent on these assumptions.Particular contractarian theories must specify the circumstances of the agreement and the endowments, beliefs, desires, and degree and type of rationality of the agents. How (...) these issues are settled determines the force of the hypothetical agreement. The fact that ignorant people who desired only universal suffering would, under duress, agree to a certain principle gives us no reason to believe the principle is a correct moral principle or to think it rational to accept or act on it: some counterfactual assumptions undermine entirely the moral force of hypothetical agreement. On the other hand, to take people just as they are, with their current beliefs, desires, endowments, and all, is to endorse their ignorance and mistakes as well as any previous injustice that affects their bargaining power. (shrink)

Proponents of human reproductive cloning do not dispute that cloning may lead to violations of clones' right to self-determination, or that these violations could cause psychological harms. But they proceed with their endorsement of human reproductive cloning by dismissing these psychological harms, mainly in two ways. The first tactic is to point out that to commit the genetic fallacy is indeed a mistake; the second is to invoke Parfit's non-identity problem. The argument of this paper is that neither approach succeeds (...) in removing our moral responsibility to consider and to prevent psychological harms to cloned individuals. In fact, the same commitment to personal liberty that generates the right to reproduce by means of cloning also creates the need to limit that right appropriately. Discussion of human reproductive cloning ought to involve a careful and balanced consideration of both the relevant aspects of personal liberty – the parents' right to reproductive freedom and the cloned child's right to self-determination. (shrink)

The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental rights takes place in the context of (...) divorce where, during the pendency of litigation, one parent is routinely deprived of significant parental rights without any demonstration that a state interest exists—much less that there is a compelling state interest that cannot be achieved in any less restrictive way. In marked contrast to our current practice, treating parental rights as fundamental rights requires a presumption of joint legal and physical custody upon divorce and during the pendency of divorce litigation. The presumption may be overcome, but only by clear and convincing evidence that such an arrangement is harmful to the children. (shrink)

Gauthier's version of the Lockean proviso (in Morals by Agreement) is inappropriate as the foundation for moral rights he takes it to be. This is so for a number of reasons. It lacks any proportionality test thus allowing arbitrarily severe harms to others to prevent trivial harms to oneself. It allows one to inflict any harm on another provided that if one did not do so, someone else would. And, by interpreting the notion of bettering or worsening one's position in (...) terms of subjective expected utility, it allows immoral manipulation of others and imposes unwarranted restrictions based on preferences that should carry no moral weight. (shrink)

Motivation serves as a pivotal driver for achieving optimal work performance, especially in the realm of local government operations. Through a qualitative multiple-case study design, the researchers analyzed the pivotal connection between employees' performance and overall organizational success. Thirteen (13) participants from the first-class municipalities in the first district of Batangas were selected using purposive sampling techniques. Face-to-face interviews were conducted to get the opinions of the participants and were subsequently subjected to thematic analysis. The findings highlight the strong connection (...) between motivational tools and employee preferences. Despite the local government's emphasis on teamwork and collaboration, employees exhibit a strong preference for incentives, rewards, and acknowledgment. Advocating for the systematic integration of employee feedback into motivational strategy formulation and the necessity of comprehensive evaluations of existing tools. Additionally, it underscores the importance of cultivating an inclusive environment where employees actively participate in discussions about motivational approaches. By embracing the proposed motivational plan that considers both organizational and employee perspectives, this research seeks to cultivate a culture of heightened productivity and performance enhancement within local government units. (shrink)

This is a supplement to our book "Le tribolazioni del filosofare. Comedia metaphysica ne la quale si tratta de li errori & de le pene de l’Infero". It features an entirely new canto of the poem (originally thought to be lost) along with an extensive commentary. The canto covers the first ring of the circle of the Sullen, which hosts the Adverse to the Possible, and deals with several philosophical questions concerning the metaphysics of modality.

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...) conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

This paper’s outline is as follows. In sections 1-3 I give an exposi¬tion of the Mind-Body Problem, with emphasis on what I believe to be the heart of the problem, namely, the Percepts-Qualia Nonidentity and its incompatibility with the Physical Closure Paradigm. In 4 I present the “Qualia Inaction Postulate” underlying all non-interactionist theo¬ries that seek to resolve the above problem. Against this convenient postulate I propose in section 5 the “Bafflement Ar¬gument,” which is this paper's main thesis. Sections 6-11 (...) critically dis¬cuss attempts to dismiss the Bafflement Argument by the “Baf¬flement=Mis¬perception Equation.” Section 12 offers a refutation of all such attempts in the form of a concise “Asymmetry Proof.” Section 13 points out the bearing of the Bafflement Argument on the evolutionary role of consciousness while section 14 acknowledges the price that has to be paid for it in terms of basic physical principles. Section 15 summarizes the paper, pointing out the inescapability of interactionist dualism. (shrink)

For a long time critics of modern and postmodern art have relied on the "Isn't that disgusting" strategy. By that I mean the strategy of pointing out that given works of art are ugly, trivial, or in bad taste, that "a five-year-old could have made them," and so on. And they have mostly left it at that. The points have often been true, but they have also been tiresome and unconvincing—and the art world has been entirely unmoved. -/- Of course, (...) the major works of the twentieth-century art world are ugly. Of course, many are offensive. Of course, a five-year old could in many cases have made an indistinguishable product. Those points are not arguable—and they are entirely beside the main question. The important question is: Why has the art world of the twentieth-century adopted the ugly and the offensive? Why has it poured its creative energies and cleverness into the trivial and the self-proclaimedly meaningless? (shrink)

Standards of reasonability play an important role in some of the most difficult cases of rape. In recent years, the notion of the reasonable person has supplanted the historical concept of the reasonable man as the test of reasonability. Contemporary feminist critics like Catharine MacKinnon and Kim Lane Scheppele have challenged the notion of the reasonable person on the grounds that reasonability standards are gendered to the ground and so, in practice, the reasonable person is just the reasonable man in (...) a gender neutral guise. These critics call for the explicit employment of a reasonable woman standard for application to the actions of female victims of rape. But the arguments for abandoning a gender-neutral standard are double-edged and the employment of gendered standards of reasonability is likely to have implications that are neither foreseen by, nor acceptable to, advocates of such standards. Reasonable agent standards can be dropped, in favor of appeals to the notion of a reasonable demand by the law. However, if reasonable agent standards are to be retained, gendered versions of such standards are not preferable to gender-neutral ones. (shrink)