Mental representations remain the central posits of psychology after many decades of scrutiny. However, there is no consensus about the representational format(s) of biological cognition. This paper provides a survey of evidence from computational cognitive psychology, perceptual psychology, developmental psychology, comparative psychology, and social psychology, and concludes that one type of format that routinely crops up is the language-of-thought (LoT). We outline six core properties of LoTs: (i) discrete constituents; (ii) role-filler independence; (iii) predicate–argument structure; (iv) logical operators; (v) inferential (...) promiscuity; and (vi) abstract content. These properties cluster together throughout cognitive science. Bayesian computational modeling, compositional features of object perception, complex infant and animal reasoning, and automatic, intuitive cognition in adults all implicate LoT-like structures. Instead of regarding LoT as a relic of the previous century, researchers in cognitive science and philosophy-of-mind must take seriously the explanatory breadth of LoT-based architectures. We grant that the mind may harbor many formats and architectures, including iconic and associative structures as well as deep-neural-network-like architectures. However, as computational/representational approaches to the mind continue to advance, classical compositional symbolic structures – that is, LoTs – only prove more flexible and well-supported over time. (shrink)

This paper sets out to accomplish two goals. First, drawing on the Irish perspective, it reconceptualises one of the enduring legacy-based harms of epistemic colonisation, in this case, ‘linguicism’, in terms of ‘hermeneutical injustice’. Second, it argues that otherwise well-meaning attempts to combat epistemic colonisation through the inclusion of marginalised testimony can, in certain circumstances, lead to cases of ‘epistemic exploitation’, which, in turn, can result in ‘ontic burnout’. Both linguicism and epistemic exploitation, this paper theorizes, have the potential to (...) bring about ontic burnout. Here is the plan: to set the scene, section I briefly surveys some key arguments supporting the call for higher education institutions (HEIs) to engage in epistemic decolonising, focusing on the importance of striking a balance between two extremes: (i) abandoning all forms of Eurocentric/colonial knowledge through the elimination of inherited thinking and conceptual schemes which result from colonization, in particular, those which remain in our thinking “owing to inertia rather than to our own reflective choices” (Wiredu 2002, p.56); (ii) the other—pursuing a more positive project where we seek to, “exploit as much as is judicious the resources of indigenous conceptual schemes” (Wiredu 1996: p.136). From here, it moves to consider harms associated with a subset of ‘epistemicide’, that is, ‘linguicism’—a phenomenon where the language and culture of the colonizer become part of the ‘civilising project’ and, in more extreme cases of linguicide, forcibly replaces indigenous languages. Section II then explores the subtleties of harmful by-products deriving from ‘inclusion’, namely that which scholars refer to as ‘epistemic exploitation’. Situations where marginalised scholars are finally ‘at the table but still on the menu’ arise when privileged persons, compel marginalised knowers to educate them [and others] about the nature of their oppression (Berenstain, 2016). Habitual requests to turn themselves inside out for emancipatory principles give rise to a phenomenon known as ontic burnout (Dunne and Kotsonis, 2022, p.9)—“a form of dissociative explanatory fatigue culminating in oppressed persons engaging in a conscious or unconscious decoupling from their socially constructed identity, from the burdens and injustices associated with being a member of a certain social kind”. This harm is, I argue, rarely discussed in the literature and worthy of further analysis. (shrink)

Perceptual representations pick out individuals and attribute properties to them. This paper considers the role of perceptual attribution in determining or guiding perceptual reference to objects. We consider three extant models of the relation between perceptual attribution and perceptual reference–all attribution guides reference, no attribution guides reference, or a privileged subset of attributions guides reference–and argue that empirical evidence undermines all three. We then defend a flexible-attributives model, on which the range of perceptual attributives used to guide reference shifts adaptively (...) with context. This model underscores the remarkable and dynamic intelligence of our perceptual capacities. We elucidate implications of the model for the boundary between perception and propositional thought. (shrink)

Perceptual systems respond to proximal stimuli by forming mental representations of distal stimuli. A central goal for the philosophy of perception is to characterize the representations delivered by perceptual systems. It may be that all perceptual representations are in some way proprietarily perceptual and differ from the representational format of thought (Dretske 1981; Carey 2009; Burge 2010; Block ms.). Or it may instead be that perception and cognition always trade in the same code (Prinz 2002; Pylyshyn 2003). This paper rejects (...) both approaches in favor of perceptual pluralism, the thesis that perception delivers a multiplicity of representational formats, some proprietary and some shared with cognition. The argument for perceptual pluralism marshals a wide array of empirical evidence in favor of iconic (i.e., image-like, analog) representations in perception as well as discursive (i.e., language-like, digital) perceptual object representations. (shrink)

ABSTRACTThis paper provides a naturalistic account of inference. We posit that the core of inference is constituted by bare inferential transitions, transitions between discursive mental representations guided by rules built into the architecture of cognitive systems. In further developing the concept of BITs, we provide an account of what Boghossian [2014] calls ‘taking’—that is, the appreciation of the rule that guides an inferential transition. We argue that BITs are sufficient for implicit taking, and then, to analyse explicit taking, we posit (...) rich inferential transitions, which are transitions that the subject is disposed to endorse. (shrink)

This paper addresses the likely impact on women of being denied emergency contraception (EC) by pharmacists who conscientiously refuse to provide it. A common view—defended by Elizabeth Fenton and Loren Lomasky, among others—is that these refusals inconvenience rather than harm women so long as the women can easily get EC somewhere else nearby. I argue from a feminist perspective that the refusals harm women even when they can easily get EC somewhere else nearby.

Attention has a long history in philosophy, despite its near absence in the twentieth century. This chapter provides an overview of philosophical research on attention. It begins by explaining the concept of "selection from limitation," contrasting it with the more recent "selection for action." It reviews historical texts that discuss attention, focusing on those in the Western canon whose understanding of "attention" aligns with contemporary usage. It then describes the differential treatment of attention in phenomenology and behaviorism in the last (...) century. Finally, it discusses contemporary research by topic: attention, perception, and knowledge; attention and consciousness; attention and action; and attention and the self. It includes work by Allport,Aristotle, Astell, Augustine, Bergson, Berkeley, Block, Bradley, Buddhaghosa, Campbell, Cherry, De Brigard, Dehaene and Naccache, Descartes, Dickie, Du Bois, Ganeri, Hegel, Heidegger, James, Kant, Koch and Tsuchiya, LaBerge, Locke, Mack and Rock, Malebranche, Merleau-Ponty, Mole, Montemayor and Haladjian, Neumann, Pashler, Posner, Prinz, Reid, Rensink, Reynolds and Heeger, Treisman, Watzl, Wittgenstein, Wollstonecraft, and Wu. (shrink)

Kant’s distinction between the determining and reflecting power of judgment in the third Critique is not well understood in the literature. A mainstream view unifies these by making determination the telos of all acts of judgment (Longuenesse 1998). On this view, all reflection is primarily in the business of producing empirical concepts for cognition, and thus has what I call a determinative ideal. I argue that this view fails to take seriously the independence and autonomy of the ‘power of judgment’ (...) [Urteilskraft] as a higher cognitive faculty in its own right with its own a priori principle. Instead of seeing merely reflecting judgments as failed or incomplete acts of judgment, I argue that these are in fact paradigmatic of the activity of the power of judgment. More precisely, the reflecting power of judgment just is the power of judgment. Accordingly, reflecting judgment takes precedence over determining judgment; while the former operates according to a law that it gives itself, the latter requires another higher cognitive faculty to provide its principle. On my view, reflecting judgment should be understood as the capacity for purposive subsumption—most clearly seen in the activity of mere reflection. (shrink)

Philosophical Issues, Volume 30, Issue 1, Page 273-292, October 2020.

This paper comes out of a panel honoring the work of Anne Donchin (1940-2014), which took place at the 2016 Congress of the International Network on Feminist Approaches to Bioethics (FAB) in Edinburgh. My general aim is to highlight the contributions Anne made to feminist bioethics, and to feminist reproductive ethics in particular. My more specific aim, however, is to have a kind of conversation with Anne, through her work, about whether reproductive justice could demand insurance coverage for in vitro (...) fertilization. I quote liberally from Anne’s work for this purpose, but also to shower the reader with her words, reminding those of us who knew her well what a wonderful colleague she was. (shrink)

Academic Placement Data and Analysis (APDA), a project funded by the American Philosophical Association (APA) and headed by Carolyn Dicey Jennings (UC Merced), aims “to make information on academic job placement useful to prospective graduate students in philosophy.” The project has just been updated to include new data, which Professor Jennings describes in a post at New APPS. She also announces a new interactive data tool with which one can sift through and sort information. (from Daily Nous).

The target article attempted to draw connections between broad swaths of evidence by noticing a common thread: Abstract, symbolic, compositional codes, that is, language-of-thoughts (LoTs). Commentators raised concerns about the evidence and offered fascinating extensions to areas we overlooked. Here we respond and highlight the many specific empirical questions to be answered in the next decade and beyond.

Doctoral graduates in philosophy are an excellent source of information about the discipline: they are at the cutting edge of research trends, have an inside view of researchfocused departments, and their employment prospects provide early insights on the future health of the discipline. We report on the results of a survey sent to recent PhD graduates and current students, as well as data gathering efforts by Academic Placement Data and Analysis that have taken place over the past ten years. In (...) this report we especially focus on demographic representation, program ratings, academic job placement, and non-academic careers. (shrink)

It is well known that Kant connects judgment and feeling in the third Critique. However, the precise relationship between these two faculties remains virtually unexplored, in large part due to the unpopularity of Kant’s faculty psychology. This paper considers why, for Kant, judgment and feeling go together, arguing that he had good philosophical reasons for forging this connection. The discussion begins by situating these faculties within Kant’s mature faculty psychology. While the ‘power of judgment’ [Urteilskraft] is fundamentally reflective, feeling [Gefühl] (...) reveals itself as essentially non-discursive. Their systematic connection emerges through the principle of purposiveness [Zweckmäßigkeit], which the former legislates for the latter. I claim that we must understand this notion in terms of the suitability of the faculties for each other, as displayed in mere reflection. That is, we can only recognize the fitness of two things for each other through feeling, which, in turn, is the only way that we can engage in the activity of merely reflecting judgment. I conclude by gesturing at an even further way in which judgment and feeling are related, based on their mutual role in orienting all of the faculties of the human mind. (shrink)

That Kant sees the faculties of imagination and judgment as closely related is not controversial. Yet precisely how they relate to each other, especially across his Critical philosophy, is less clear. In this paper, I consider the relationship between what Kant calls the ‘power of imagination’ [Einbildungskraft] and the ‘power of judgment’ [Urteilskraft]. I argue for the following claim: insofar as the power of judgment is the faculty of thinking particulars under universals, the power of imagination is the faculty of (...) producing and providing particulars for judgment—either to reflect on or to subsume under universals. Such an account reveals that our capacity for imagination is intimately bound up with our capacity to judge. (shrink)

Short‐term memory in vision is typically thought to divide into at least two memory stores: a short, fragile, high‐capacity store known as iconic memory, and a longer, durable, capacity‐limited store known as visual working memory (VWM). This paper argues that iconic memory stores icons, i.e., image‐like perceptual representations. The iconicity of iconic memory has significant consequences for understanding consciousness, nonconceptual content, and the perception–cognition border. Steven Gross and Jonathan Flombaum have recently challenged the division between iconic memory and VWM by (...) arguing against the idea of capacity limits in favor of a flexible resource‐based model of short‐term memory. I argue that, while VWM capacity is probably governed by flexible resources rather than a sharp limit, the two memory stores should still be distinguished by their representational formats. Iconic memory stores icons, while VWM stores discursive (i.e., language‐like) representations. I conclude by arguing that this format‐based distinction between memory stores entails that prominent views about consciousness and the perception–cognition border will likely have to be revised. (shrink)

This commentary critically examines the view of the relationship between perception and memory in Ned Block's *The Border Between Seeing and Thinking*. It argues that visual working memory often stores the outputs of perception without altering their formats, allowing online visual perception to access these memory representations in computations that unfold over longer timescales and across eye movements. Since Block concedes that visual working memory representations are not iconic, we should not think of perceptual representations as exclusively iconic either.

This paper proposes a novel educational approach to epistemic vice rehabilitation. Its authors Gerry Dunne and Alkis Kotsonis note that, like Quassim Cassam, they remain optimistic about the possibility of improvement with regard to epistemic vice. However, unlike Cassam, who places the burden of minimizing or overcoming epistemic vices and their consequences on the individual, Dunne and Kotsonis argue that vice rehabilitation is best tackled via the exemplarist animated community of inquiry zetetic principles and defeasible-reasons-regulated deliberative processes. The vice-reduction method (...) they propose is made up of four distinct yet complementary components: (1) positive exemplarism of epistemic virtue (saints), (2) negative exemplarism of epistemic vice (sinners), (3) direct teaching/instruction, and (4) cognitive apprenticeship. Dunne and Kotsonis argue that this pedagogical intervention appropriately considers learnings deriving from forensic scrutiny of both ideal and non-ideal interpersonally calibrated zetetic features integral to knowledge acquisition as well as wider societal influences impacting the development of agents' epistemic character. It bridges research on vice epistemology (Cassam's obstructivist theory), social epistemology (corrupted social processes mitigating against vice rehabilitation), virtue epistemology, and moral exemplarism. (shrink)

Commentators have shown a steady interest in the role of feeling in Kant’s moral and practical philosophy over the last few decades. Much attention has been given to the notion of ‘moral feeling’ in general, as well as to what Kant calls the ‘feeling of respect’ for the moral law. My focus in this essay is on the role of feeling in practical judgment. My claim in what follows is that the act of judging in the practical domain—i.e., determining what (...) one ought to do, or what action one ought to perform, in a specific case—crucially involves feeling. Put more simply: I argue that practical judgment has an essentially affective dimension. The upshot of the account I will give is that it provides us with a richer and more complex account of moral feeling than has previously been appreciated in the literature. While it is recognized that feeling plays a certain role in moral motivation, what I hope to demonstrate here is that feeling is involved much earlier in the exercise of moral agency. Far from entering only at the point at which we are trying to muster the strength of will to carry out what we know we ought to do, feeling is present the moment we begin to deliberate about what it is that we ought to do. (shrink)

According to a classic but nowadays discarded philosophical theory, perceptual experience is a complex of nonconceptual sensory states and full-blown propositional beliefs. This classical dual-component theory of experience is often taken to be obsolete. In particular, there seem to be cases in which perceptual experience and belief conflict: cases of known illusions, wherein subjects have beliefs contrary to the contents of their experiences. Modern dual-component theories reject the belief requirement and instead hold that perceptual experience is a complex of nonconceptual (...) sensory states and some other sort of conceptual state. The most popular modern dual-component theory appeals to sui generis propositional attitudes called ‘perceptual seemings’. This article argues that the classical dual-component theory has the resources to explain known illusions without giving up the claim that the conceptual components of experience are beliefs. The classical dual-component view, though often viewed as outdated and implausible, should be regarded as a serious contender in contemporary debates about the nature of perceptual experience. (shrink)

In 2018 Academic Placement Data and Analysis ran a survey of doctoral students and recent graduates on the topics of diversity and inclusivity in collaboration with the Graduate Student Council and Data Task Force of the American Philosophical Association. We submitted a preliminary report in Fall 2018 that describes the origins and procedure of the survey [1]. This is our final report on the survey. We first discuss the demographic profile of our survey participants and compare it to the United (...) States general population, its doctoral students, and APA membership, finding several areas of underrepresentation (i.e. gender, race/ethnicity, socioeconomic, and veteran status). We then discuss the results of questions regarding diversity and inclusivity. We find, for instance, that participant comfort in philosophy depends on gender, sexuality, race/ethnicity, disability, and language status and that participants most often mentioned the theme of diversity when asked how philosophy could be more inclusive. Finally, we discuss the results of questions related to graduate program and placement. We find, for example, that underrepresented graduates are both less likely to recommend their graduate program to others and less likely to prefer an academic job. We close by making some recommendations for the APA and for the discipline based on our findings. (shrink)

My aim in this paper is to provide an account of practical judgement, for Kant, that situates it within his theory of judgement as a whole—particularly, with regards to the distinction between the determining and reflecting use of judgement. I argue that practical judgement is a kind of determining judgement, but also one in which reflecting judgement plays a significant role. More specifically, I claim that practical judgement arises from the cooperation of the reflecting power of judgement with the faculty (...) of reason—the former assisting the latter in the application of its principle. I conclude by considering a possible role for feeling in practical judgement. (shrink)

Wayne Wu argues that attention is necessary for action: since action requires a solution to the ‘Many–Many Problem’, and since only attention can solve the Many–Many Problem, attention is necessary for action. We question the first of these two steps and argue that it is based on an oversimplified distinction between actions and reflexes. We argue for a more complex typology of behaviours where one important category is action that does not require a solution to the Many–Many Problem, and so (...) does not require attention. (shrink)

In Explaining Attitudes, Baker argues that we should treat our everyday practices as relevant to metaphysical debates, resulting in a stance of realism with respect to intentional explanations. In this chapter I will argue that if one is going to be a practical realist about anything, it should be the self, or subject of attention. I will use research on attention combined with the stance of practical realism to argue in favor of a substantive self. That is, I will present (...) an account of the self that directs and controls attention, in line with our everyday view of the self. I will contrast this account with what I call the “illusion view,” which presents the self and its apparent causal power in the case of attention as an illusion. My account of the self will make use of several of Baker's ideas, including non-reductive materialism and broad supervenience. (shrink)

Currently, the preferred accommodation for conscientious objection to abortion in medicine is to allow the objector to refuse to accede to the patient’s request so long as the objector refers the patient to a physician who performs abortions. The referral part of this arrangement is controversial, however. Pro-life advocates claim that referrals make objectors complicit in the performance of acts that they, the objectors, find morally offensive. I argue that the referral requirement is justifiable, although not in the way that (...) people usually assume that it is. (shrink)

This article examines the meaningful intervention that Gert-Jan Van der Heiden’s recent book, The Voice of Misery: A Continental Philosophy of Testimony, makes in the developing field of the philosophy of testimony. I argue that this intervention is accomplished through a phenomenological investigation into the nature of the testimonial object and of the demand that it makes upon one who bears witness. In taking such an approach, I argue, Van der Heiden initiates an ontological turn in the field of testimonial (...) theory, shifting the conversation away from a debate about the conditions in which belief in testimony is justified – a debate that has in many ways defined the field for philosophers in the Anglo-American tradition. I suggest that Van der Heiden’s account is helpful in demonstrating that, in many cases, doing justice to a testimonial object requires an epistemic-ethical attitude other than belief. The article concludes by developing a few questions for Van der Heiden based on my interpretation of his project, including to what extent his phenomenology of testimony can account for how often our receptivity to testimony depends on the default trust that we have in others by virtue of our fundamental immersion in social life. (shrink)

The process of adopting a child is “not for the faint of heart.” This is what we were told the first time we, as a couple, began this process. Part of the challenge lies in fulfilling the licensing requirements for adoption, which, beyond the usual home study, can include mandatory participation in parenting classes. The question naturally arises for many people who are subjected to these requirements whether they are morally justified. We tackle this question in this paper. In our (...) view, while strong reasons exist in favour of licensing adoptive parents, these reasons support the licensing not only of adoptive parents, but of all or some subset of so-called “natural” parents as well. We therefore conclude that the status quo with respect to parental licensing, according to which only adoptive parents need to be licensed, is morally unjustified. (shrink)

Language is often conceived of today as providing a person with a worldview and a set of communicative norms that one accepts unambiguously. However, in his 1992 lecture, “Monolingualism of the Other,” Jacques Derrida insists that his mother tongue is for him “not a natural element, not the transparency of the ether, but an absolute habitat.” In other words, while French is an intimate part of his existence, his relationship to it is nevertheless ambiguous. Derrida claims that his situation is (...) not exceptional though, since for no person is language simply a “natural element.” In this essay, I examine first the phenomenological basis for this controversial claim, drawing from Derrida’s lecture as well as earlier explorations by Martin Heidegger to elucidate the point. Later I turn to address the ethical-political dimensions of Derrida’s claim, explaining how it serves to protest against a problematic process of consolidating power. (shrink)

Some of the oldest and deepest questions in philosophy fall under the umbrella of consciousness and mind: What is the mind and how is it related to the body? What provides our thoughts with content? How is consciousness related to the natural world? Do we have distinctive causal powers? Analytic philosophers have made significant progress on these and related problems in the last century. Given the high volume of work on such topics, this chapter is necessarily selective. It offers major (...) touchstones but is slanted in favor of work that touches base with the sciences. The chapter starts by describing the progression of thought on the mind-body problem, from dualism and behaviorism to non-reductive materialism. It then describes the problem of intentionality, with a focus on partial solutions from Dretske and Millikan, ending with a brief discussion of 4E theories of mental content. The section on the problem of consciousness starts with the well-known knowledge and modal arguments before describing some attempted initial solutions, such as eliminative materialism and panpsychism. Finally, there is a brief section on agency and free will, which focuses on the link between free will and consciousness. (shrink)

Volume 11, Issue 1, March 2019, Page 7-18.

The capacity for feature binding is typically explained in terms of the attribution model: a perceptual state selects an individual and attributes properties to it (Kahneman & Treisman 1984; Clark 2004; Burge 2010). Thus features are bound together in virtue of being attributed to the same individual. While the attribution model successfully explains some cases of binding in perception, not all binding need be understood as property attribution. This chapter argues that some forms of binding—those involving holistic iconic representations, which (...) bind features outside the limits of attention and object files—don’t fit the attribution model. The chapter then sketches an alternative coordination model of binding that construes icons as complex analog representations. (shrink)

This chapter presents Gadamer’s conception of language and of its role in the process of understanding. The chapter begins by explaining what Gadamer means when he says that language is characterized by an essential “self-forgetfulness” [Selbstvergessenheit] and how this relates to his account of the fore-structure of the understanding. Next, it explains what it means to conceive of a linguistic presentation (e.g., a poem or a lecture) as a hermeneutic event and how this conceptualization is essential to Gadamer’s account of (...) understanding and of the dialectical unity between language and being. The chapter ends by considering how Gadamer’s analysis of conversation further clarifies what it means to be open to the event of language. (shrink)

This book examines the central role that language plays in understanding and human flourishing. The book begins by exploring Heidegger's idea that language is an essential element of how we dwell in the world and is, for the most part, ready-to-hand for us. With Gadamer, I then begin to explore phenomena where language is not ready-to-hand but calls for interpretation. The latter half of the book explores distinct ways in which language can become unready-to-hand for individuals (e.g., in cases of (...) trauma, depression, and social subordination) and examines the way that such situations have been analyzed by twentieth-century Continental thinkers (e.g., Blanchot, Kristeva, Derrida). (shrink)

In 1929 when Aurel Kolnai published his essay “On Disgust” in Husserl's ]ahrbuch he could truly assert that disgust was a "sorely neglected" topic. Now, however, this situation is changing as philosophers, psychologists, and historians of culture are turning their attention not only to emotions in general but more specifically to the large and disturbing set of aversive emotions, including disgust. We here provide an account of Kolnai’s contribution to the study of the phenomenon of disgust, of his general theory (...) of emotions and of the phenomenological methodology he employed in his work. (shrink)

Many contemporary epistemologists take rational inference to be a conscious action performed by the thinker (Boghossian 2014; 2018; Valaris 2014; Malmgren 2018). It is tempting to think that rational evaluability requires responsibility, which in turn requires conscious action. In that case, unconscious cognition involves merely associative or otherwise arational processing. This paper argues instead for deep rationalism: unconscious inference often exhibits the same rational status and richly structured logical character as conscious inference. The central case study is rationalization, in which (...) people shift their attitudes in logically structured, reason-responsive ways in response to evidence of their own incompetence or immorality. These attitude shifts are irrational in a way that reflects on the thinker. Thus rationally evaluable inference extends downward into the unconscious. Many take the sole aim of belief to be truth (Velleman 2000) or knowledge (Williamson 2000), but the prevalence of rationalization suggests that belief updating often aims instead at preserving our positive conceptions of ourselves—that is, belief updating is part of a psychological immune system (Gilbert 2006; Mandelbaum 2019). This paper argues that the psychological immune system comprises a suite of distinct cognitive mechanisms, some (ir)rational and some arational, which are united by a common function of avoiding the maladaptive predomination of negative affect and maintaining stable motivation. Other aspects of the psychological immune system include (i) a domain-general positive bias in evaluative attitudes and (ii) “terror management,” i.e., the systematic strengthening of meaning-conferring beliefs to avoid death anxiety. The multiplicity of processes underlying the psychological immune system point toward an irrational but adaptive function of cognition to keep us motivated in a world rife with negativity and death. (shrink)

There are two attitudes regarding the historical situation of understanding commonly held today. On the one hand, we believe that we only achieve a real, worthwhile understanding of a topic when our thinking manages to break free from the dogmas of the past. We believe that this transcendence of the historical situation of thought is both possible and desirable. We applaud those whose thought appears to us to proceed unhinged by traditional dogmas, whether those dogmas be old habits of scientific (...) thought or traditional ideas about social life. We celebrate as epistemic heroes those who discover their own way of thinking. On the other hand, many are quick to accept as a general rule that one’s understanding is inevitably bound to one’s particular historical and cultural situation. Nobody understands things in a historical vacuum. Accordingly, we believe that there is no transcending the historicity of the understanding and thus no epistemic heroes to applaud. This chapter examines Gadamer's argument in “The Elevation of the Historicity of Understanding" (a central section in "Truth and Method") as a critique of both of these alternatives -- alternatives that can be traced back to the historical epochs of the Enlightenment and Romanticism. I argue that, for Gadamer, both of these historical models of understanding misconstrue the way that understanding is grounded in historical consciousness. (shrink)

This chapter presents a conception of understanding where understanding emerges out of the joint experience of conversation. On this conception, understanding requires more than the pre-reflective acquisition of shared social meanings – a conception of understanding historically highlighted by existential phenomenologists. Beyond this, it requires what occurs in genuine conversation, namely, that one put one’s pre-reflective social meanings at risk in the process of critical self-reflection. Drawing from the hermeneutic phenomenology of Hans-Georg Gadamer, I argue that conversation is that joint (...) experience that gives rise to such critical self-reflection and that it is conversation’s play-structure in particular that makes it a source of understanding in this sense. (shrink)

This paper asks how Kant’s mature theory of freedom handles an objection pertaining to chance. This question is significant given that Kant raises this criticism against libertarianism in his early writings on freedom before coming to adopt a libertarian view of freedom in the Critical period. After motivating the problem of how Kant can hold that the free actions of human beings lack determining grounds while at the same maintain that these are not the result of ‘blind chance,’ I argue (...) that Kant’s Critical doctrine of transcendental idealism, while creating the conceptual space’ for libertarian freedom, is not intended to provide an answer to the problem of chance with respect to our free agency. I go on to show how the resources for a refutation of chance only come about in the practical philosophy. In the 2nd Critique, Kant famously argues for the reality of freedom on the basis of our consciousness of the moral law as the law of a free will. However, Kant also comes to build into his account of the will a genuine power of choice, which involves the capacity to deviate from the moral law. I conclude by showing that this apparent tension can be resolved by turning to his argument for the impossibility of a diabolical will. This involves a consideration of the distinct kind of grounding relationship that practical laws have to the human will, as well as the way that transcendental idealism makes this possible. (shrink)

In January 2024, non-consensual deepfakes came to public attention with the spread of AI generated sexually abusive images of Taylor Swift. Although this brought new found energy to the debate on what some call non-consensual synthetic intimate images (i.e. images that use technology such as AI or photoshop to make sexual images of a person without their consent), female celebrities like Swift have had deepfakes like these made of them for years. In 2017, a Reddit user named “deepfakes” posted several (...) videos in which he had used opensource machine learning tools to swap the faces of female celebrities on to the faces of female porn actors, displaying what appeared to be live video footage of the celebrity engaging in sex acts she never engaged in. Since that time, deepfake technology has advanced astronomically. What once were choppy sexualized videos are now nearly flawless videos that can be difficult to distinguish from a real video. According to recent research on deepfakes by Sensity AI, this technology has been used primarily on women to create sexual videos. These women’s sexual autonomy has been co-opted for the purposed of gratifying men’s sexual pleasure, but have also been used in campaigns to delegitimize and humiliate female journalists and politicians. In Canada, civil and criminal legislation has addressed the non-consensual distribution of intimate images, but in only a few provinces – British Columbia, New Brunswick, Prince Edward Island and Saskatchewan – does this offence include altered images that could include deepfakes. This paper explores the evolution of synthetic technology such as AI image generators and Canada’s legal responses to the non-consensual sharing of intimate images. (shrink)

In his The Meaning of Disgust, Colin McGinn employs elements of the phenomenological theory of disgust advanced by Aurel Kolnai in 1929. Kolnai’s treatment of what he calls “material” disgust and of its primary elicitors—putrefying organic matter, bodily wastes and secretions, sticky contaminants, vermin—anticipates more recent scientific treatments of this emotion as a mode of protective recoil. While Nina Strohminger charges McGinn with neglecting such scientific studies, we here attempt to show how Kolnai goes beyond experimental findings in his careful (...) description of the phenomenological differences between disgust and other emotions of forceful disapproval. (shrink)

Religion is often singled out for special legal treatment in Western societies - which raises an important question: what, if anything, is special about religious conscience beliefs that warrants such special legal treatment? In this paper, I will offer an answer to this specialness question by investigating the relationship between religious conscientious objections and their insulation from relevant evidence. I will begin my analysis by looking at Brian Leiter’s arguments that religious beliefs are insulated from evidence and not worthy of (...) special legal treatment as a result. I will argue that he fails to show that religious conscience beliefs are both in principle responsive to empirical evidence and in practice typically more insulated from this evidence than secular conscience beliefs. If I am right about this, then Leiter fails to answer the “central puzzle” of his recent book and fails to sufficiently distinguish the religious conscience from the secular conscience. Second, I will look at whether or not it is plausible to understand the religious conscience as insulated from other forms of evidence. Following the research of social-psychologist Jonathan Haidt, I will argue that, typically, both forms of conscience seem to be similarly insulated from moral argumentation. I will also show that, while it seems as though the religious conscience usually draws from a larger set of moral values when compared to the secular conscience, this should make no legal difference overall. To conclude, I will explain that the arguments in this paper can be understood as evidence in support of an egalitarian response to religion’s specialness. (shrink)

Unconscious logical inference seems to rely on the syntactic structures of mental representations (Quilty-Dunn & Mandelbaum 2018). Other transitions, such as transitions using iconic representations and associative transitions, are harder to assimilate to syntax-based theories. Here we tackle these difficulties head on in the interest of a fuller taxonomy of mental transitions. Along the way we discuss how icons can be compositional without having constituent structure, and expand and defend the “symmetry condition” on Associationism (the idea that associative links (...) and transitions are perfectly symmetric). In the end, we show how a BIT (“bare inferential transition”) theory can cohabitate with these other non-inferential mental transitions. (shrink)

To date, both the United States federal government and twenty-one individual states have passed Religious Freedom Restoration Acts that aim to protect religious persons from having their sincere beliefs substantially burdened by governmental interests. RFRAs accomplish this by offering a three-pronged exemption test for religious objectors that is satisfied only when (1) an objector has a sincere belief that is being substantially burdened; (2) the government has a very good reason (e.g., health or safety) to interfere; and (3) there is (...) a reasonable alternative to serve the compelling interest. Legal balancing tests like those found in RFRA are content neutral insofar as they sideline the belief-content of conscientious objections as irrelevant when determining the permissibility of granting legal accommodations. However, some theorists worry that this legal picture may be backward: perhaps balancing tests should be content non-neutral given the usual features of conscientious objections. For example, Yossi Nehushtan contends that, contrary to their typical codification, religious conscience beliefs seem undeserving of special legal accommodations because they possess uniquely strong empirical and theoretical ties to intolerance. Thus, the illiberally intolerant content of these conscientious objections might actually give the state a reason to refuse to grant legal exemptions. In this paper, I offer a cursory defense of content neutrality with respect to balancing tests like those found in RFRA. To begin, I outline Nehushtan’s argument for content non-neutrality. The cornerstone of his argument is that illiberal intolerance is intolerable such that conscientious objections that are based upon illiberally intolerant values provide the state with strong, normally prevailing reason not to grant an exemption. I argue that, even when the illiberally intolerant content of one’s conscience constitutes a weighty and relevant factor in determining the permissibility of granting a legal exemption, there remain significant problems. It is difficult, for example, to determine which views are illiberally intolerant and difficult to say whether illiberally intolerant views can effectively serve as the principled demarcating line in balancing tests. To conclude, I offer several cursory arguments in favor of adopting content-neutral approaches without necessarily making a comprehensive case. By drawing on the work of Amy Sepinwall, Nadia Sawicki, and Nathan Chapman, I show that content-neutral approaches can help to safeguard robust protections for conscience by permitting atypical exercises of conscience, protect minority thoughts and practices from being coercively supplanted by majoritarian understandings of morality, appropriately maintain the skepticism and humility that we owe each other as compatriots in a pluralistic society, and allow the kind of justifiable civil disobedience that has an important place in political history among other things. (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.

In this thesis I provide an account of the faculty of the mind that Kant calls ‘the power of judgment’ [Urteilskraft]. While there is an abundance of literature on various aspects of Kant’s theory of judgment in the Critical philosophy, there has been no sustained treatment of the nature of the faculty that is the subject of the third Critique (1790). I argue that the power of judgment is a fundamentally reflective, affective, and orientational capacity that occupies a central place (...) within Kant’s account of the human mind. To this end, I trace the development of Kant’s thinking on judgment—from the pre-Critical to the Critical period, as well as from the first to the third Critique—to show how it continues to gain prominence within Kant’s taxonomy of the mind. (shrink)

In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...) of criminal law ought not to contain legislation of this sort. This conclusion is often based on how the abro- gation relates to the normative claim that the law ought to be predictable. In particular, it has been argued that since the law ought to be predictable, and since this type of analogy legis- lation implied, caused or contributed to the diminution of the law’s predictability, this type of legislation ought to be prohibited. In this paper, we argue that this argument is not entirely correct. While we believe that the law ought to be predictable and that there is evidence for the claim that the Nazis’ intro- duction of analogical reasoning implied, caused, or contributed to a diminution of predictability, this fact is logically too weak to ground the conclusion that necessarily a penal system ought not to contain legislation of this kind. Despite the undeniable wickedness of the Nazi penal system, this type of analogical reasoning can be made consistent with the pre- dictability of the law. We argue that consistency of this sort depends on whether the use of analogy is supplemented by certain contextual background conditions. The occurrence of these conditions blocks an inference from the fact that the law ought to be predictable to the conclusion that a penal system ought not to allow for this type of analogical reasoning. (shrink)

‘Epistemic exploitation occurs when privileged persons compel marginalised knowers to educate them [and others] about the nature of their oppression’ (Berenstain, 2016, p. 569). This paper scrutinizes some of the purported wrongs underpinning this practice, so that educators might be better equipped to understand and avoid or mitigate harms which may result from such interventions. First, building on the work of Berenstain and Davis (2016), we argue that when privileged persons (in this context, educators) repeatedly compel marginalised or oppressed knowers, (...) to not only to educate them, but indeed others, about the nature of their oppression, they risk subjecting them to further epistemic-moral harms. This is due to the likelihood that at least some of their audience will assign them less/more credibility than they deserve based on pre-existing identity-based prejudices. Second, though some of these requests to ‘educate’ or ‘learn more’ masquerade as seemingly virtuous or innocuous epistemic inquiries, privileged persons underestimate or remain ignorant of secondary harms which stem from internalized epistemic obligations, oppressive double-binds (Hirji, 2021), and attendant emotional burdens oppressed knowers carry in relation to the ever-present possibility of ameliorating oppressor mindsets. After surveying each context-specific harm briefly, we then turn to an applied reading of how these exploitative practices sometimes culminate in something we refer to as ‘ontic burnout’, a form of interminable explanatory fatigue brought on by repeated requests to educate the privileged about what it means to be oppressed. (shrink)

One recurring criticism of the best interests standard concerns its vagueness, and thus the inadequate guidance it offers to care providers. The lack of an agreed definition of ‘best interests’, together with the fact that several suggested considerations adopted in legislation or professional guidelines for doctors do not obviously apply across different groups of persons, result in decisions being made in murky waters. In response, bioethicists have attempted to specify the best interests standard, to reduce the indeterminacy surrounding medical decisions. (...) In this paper, we discuss the bioethicists’ response in relation to the state's possible role in clarifying the best interests standard. We identify and characterise two clarificatory strategies employed by bioethicists —elaborative and enumerative—and argue that the state should adopt the latter. Beyond the practical difficulties of the former strategy, a state adoption of it would inevitably be prejudicial in a pluralistic society. Given the gravity of best interests decisions, and the delicate task of respecting citizens with different understandings of best interests, only the enumerative strategy is viable. We argue that this does not commit the state to silence in providing guidance to and supporting healthcare providers, nor does it facilitate the abuse of the vulnerable. Finally, we address two methodological worries about adopting this approach at the state level. The adoption of the enumerative strategy is not defeatist in attitude, nor does it eventually collapse into (a form of) the elaborative strategy. (shrink)

Audience segmentation is necessary in health communications to ensure equitable resource distribution. Peer crowds, which are macro-level teen subcultures, are effective psychographic segments for health communications because each crowd has unique mindsets, values, norms, and health behavior profiles. These mindsets affect behaviors, and can be used to develop targeted health communication campaigns to reach those in greatest need. Though peer crowd research is plentiful, no existing peer crowd measurement tool has been formally validated. As such, we developed and validated Virginia's (...) Mindset Lens Survey (V-MLS), a mindset-based teen peer crowd segmentation survey to support health communication efforts. Using an online convenience sample of teens (N = 1,113), we assessed convergent and discriminant validity by comparing the V-MLS against an existing, widely-used peer crowd survey (I-Base Survey®) utilizing a multi-trait multi-method matrix. (shrink)