This work describes a seminal framework of law by one of the founders of the field of law and economics, Judge Guido Calabresi. It broadens what is known as the framework of law among legal scholars, and posits a calabresi theorem which is developed and explained, in part, in comparison to the coase theorem. The framework provides policymakers a tool for creating balanced policies.

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)

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)

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)

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)

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

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)

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)

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)

The coherence objection to the doctrine of the Incarnation maintains that it is impossible for one individual to have both the attributes of God and the attributes of a human being. This article examines Thomas Aquinas’s answer to this objection. I challenge the dominant, mereological interpretation of Aquinas’s position and, in light of this challenge, develop and defend a new alternative interpretation of Aquinas’s response to this important objection to Christian doctrine.

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)

In this essay, I argue that a proper understanding of the historicity of love requires an appreciation of the irreplaceability of the beloved. I do this through a consideration of ideas that were first put forward by Robert Kraut in “Love De Re” (1986). I also evaluate Amelie Rorty's criticisms of Kraut's thesis in “The Historicity of Psychological Attitudes: Love is Not Love Which Alters Not When It Alteration Finds” (1986). I argue that Rorty fundamentally misunderstands Kraut's Kripkean analogy, and (...) I go on to criticize her claim that concern over the proper object of love should be best understood as a concern over constancy. This leads me to an elaboration of the distinct senses in which love can be seen as historical. I end with a further defense of the irreplaceability of the beloved and a discussion of the relevance of recent debates over the importance of personal identity for an adequate account of the historical dimension of love. (shrink)

This handbook article gives a critical overview of recent discussions of epistemic authority. It favors an account that brings into balance the dictates of rational deference with the ideals of intellectual self-governance. A plausible starting point is the conjecture that neither should rational deference to authorities collapse into total epistemic submission, nor the ideal of mature intellectual self-governance be conflated with (illusions of) epistemic autarky.

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.

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.

How does good combine with bad? Most creatures are neither so blessed as to only enjoy good nor so cursed as to only suffer bad. Rather, the good and bad they receive throughout their lives combine to produce their overall quality of life. But it’s not just whole lives that have combined good and bad. Many stretches within contain both positive and negative occurrences whose value is joined to form the overall quality of that span of time. In a single (...) morning someone might wake up, brush their teeth, stub their toe groggily lumbering down the stairs, and have a sip of coffee that’s tasty but so hot they burn their tongue. These events are good and bad for them to various degrees, and their value comes together to form an overall value for them of that morning. A single moment, even, can have combined value from distinct pockets of good and bad that occur simultaneously. The tastiness of the coffee is good, but the pain of the heat is bad. They combine to form an overall value of the sipping moment – negative if the pain outweighed the flavor. Thus, wellbeing and illbeing combine. But how? How can someone rightly chastise themselves for sipping the overly hot coffee when it was, in fact, good because it was tasty? To pose the question starkly, a life can be bad, even so bad to not be worth living, and yet it can have many instances of good, where these goods are, in themselves, pure of any negativity. But how can good make something bad? (shrink)

A number of cases involving self-locating beliefs have been discussed in the Bayesian literature. I suggest that many of these cases, such as the sleeping beauty case, are entangled with issues that are independent of self-locating beliefs per se. In light of this, I propose a division of labor: we should address each of these issues separately before we try to provide a comprehensive account of belief updating. By way of example, I sketch some ways of extending Bayesianism in order (...) to accommodate these issues. Then, putting these other issues aside, I sketch some ways of extending Bayesianism in order to accommodate self-locating beliefs. Finally, I propose a constraint on updating rules, the "Learning Principle", which rules out certain kinds of troubling belief changes, and I use this principle to assess some of the available options. (shrink)

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)

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)

An epistemic agent A is a false epistemic authority for others iff they falsely believe A to be in a position to help them accomplish their epistemic ends. A major divide exists between what I call "epistemic quacks", who falsely believe themselves to be relevantly competent, and "epistemic charlatans", i.e., false authorities who believe or even know that they are incompetent. Both types of false authority do not cover what Lackey (2021) calls "predatory experts": experts who systematically misuse their social-epistemic (...) status as a cover for predatory behavior. Qua experts, predatory experts are competent and thus could (and maybe sometimes do) help their clients. But should we count them as genuine epistemic authorities? No, I argue, they are false epistemic authorities because, in addition to their practical and moral misconduct, such experts systematically deceive their clients, thereby thwarting the clients’ epistemic ends. (shrink)

This article discusses Harvey Siegel’s general justification of the epistemological theory of argumentation in his seminal essay “Arguing with Arguments." On the one hand, the achievements of this essay are honoured—in particular, a thorough differentiation of the different meanings of ‘argument’ and ‘argumentation,’ the semantic justification of the fundamentality of arguments as sequences of propositions, and the detailed critiques of alternative theories of argumentation. On the other hand, suggestions for strengthening the theory are added to Siegel's expositions, which make different (...) perspectives within the epistemological theory of argumentation recognisable. (shrink)

This chapter offers an interpretation of Jaspers’ distinction between explaining and understanding, which relates this distinction to that between general and singular causal claims. Put briefly, I suggest that when Jaspers talks about (mere) explanation, what he has in mind are general causal claims linking types of events. Understanding, by contrast, is concerned with singular causation in the psychological domain. Furthermore, I also suggest that Jaspers thinks that only understanding makes manifest what causation between one element of a person’s mental (...) life and another ultimately consists in – that is, the particular way in which one psychic event can emerge from or arise out of another. I contrast the resulting view both with a view on causation in psychiatry recently put forward by John Campbell, and also with another view that is the target of Campbell’s attack, which is due to Donald Davidson and Daniel Dennett. (shrink)

Thomistic Hylomorphists claim that we human persons have rational or intellective souls which can continue to exist separately from our bodies after we die. Much of the recent scholarly discussion of Thomistic Hylomorphism has centered on this thesis and the question of whether human persons can survive death along with their souls or whether only their souls can survive in this separated, disembodied, post-mortem state. As a result, two rival versions of Thomistic Hyomorphism have been formulated: Survivalism and Corruptionism. This (...) chapter makes a new contribution to the debate between Survivalists and Corruptionists by identifying a heretofore undiscussed problem for Corruptionist Thomistic Hylomorphism. In particular, it is argued that if Corruptionists were right that human persons cannot survive their deaths along with their souls, this would undermine the grounds on which all Thomistic Hylomorphists, including Corruptionists, rely to justify their belief that our souls can continue to exist after our deaths. Given this, it is argued that Thomistic Hylomorphists have grounds for thinking that our souls can continue to exist after our deaths only if they allow, as Survivalists do and Corruptionists do not, that we human persons can continue to exist after our deaths, with souls but no bodies. (shrink)

A good definition of process tracing should highlight what is distinctive about process tracing as a methodology of causal inference. I look at eight criteria that are used to define process tracing in the methodological literature, and I dismiss all eight criteria as unhelpful (some because they are too restrictive, and others because they are vacuous). In place of these criteria, I propose four alternative criteria, and I draw a distinction between process tracing for the ultimate aim of testing a (...) start--end hypothesis versus process tracing as an ultimate end in itself. Although it is clear enough how the former method works, there is still much methodological work to be done in understanding the latter method as a distinctive method of causal inference, I argue. (shrink)

Much of the debate about Aristotle’s criticisms of Plato has focused on the separability of the Forms. Here the dispute has to do with the ontological status of the Forms, in particular Plato’s claim for their ontological priority in relation to perceptible objects. Aristotle, however, also disputes the explanatory and causal roles that Plato claims for the Forms. This second criticism is independent of the first; even if the problem of the ontological status of the Forms were resolved to Aristotle’s (...) satisfaction, this second criticism would still stand. The problem here is not that there is no room for Aristotle’s four causes in Plato’s ontology; on the contrary, antecedents for all four can be found in Plato’s works. The problem, instead, is that Plato’s Forms fail to meet the general requirements that Aristotle sets out for the material, efficient, formal, and final causes of perceptible objects. Hence, even if the Forms were immanent in perceptible objects, they would still explain nothing about them. (shrink)

Political epistemology is the intersection of political philosophy and epistemology. This paper develops a political 'hinge' epistemology. Political hinge epistemology draws on the idea that all belief systems have fundamental presuppositions which play a role in the determination of reasons for belief and other attitudes. It uses this core idea to understand and tackle political epistemological challenges, like political disagreement, polarization, political testimony, political belief, ideology, and biases, among other possibilities. I respond to two challenges facing the development of a (...) political hinge epistemology. The first is about nature and demarcation of political hinges, while the second is about rational deliberation over political hinges. I then use political hinge epistemology to analyze ideology, dealing with the challenge of how an agent's ideology 'masks' or distorts their understanding of social reality, along with the challenge of how ideology critique can change the beliefs of agents who adhere to dominant ideologies, if agents only have their own or the competing ideology to rely on (see Haslanger 2017). I then explore how political hinge epistemology might be extended to further our understanding of political belief polarization. (shrink)

When evaluating theories of causation, intuitions should not play a decisive role, not even intuitions in flawlessly-designed thought experiments. Indeed, no coherent theory of causation can respect the typical person’s intuitions in redundancy (pre-emption) thought experiments, without disrespecting their intuitions in threat-and-saviour (switching/short-circuit) thought experiments. I provide a deductively sound argument for these claims. Amazingly, this argument assumes absolutely nothing about the nature of causation. I also provide a second argument, whose conclusion is even stronger: the typical person’s causal intuitions (...) are thoroughly unreliable. This argument proceeds by raising the neglected question: in what respects is information about intermediate and enabling variables relevant to reliable causal judgment? (shrink)

American History X (hereafter AHX) has been accused by numerous critics of a morally dangerous cinematic seduction: using stylish cinematography, editing, and sound, the film manipulates the viewer through glamorizing an immoral and hate-filled neo-nazi protagonist. In addition, there’s the disturbing fact that the film seems to accomplish this manipulation through methods commonly grouped under the category of “fascist aesthetics.” More specifically, AHX promotes its neo-nazi hero through the use of several filmic techniques made famous by Nazi propagandist Leni Riefenstahl. (...) Now most critics admit that, in the end, the film claims to denounce racism and attempts to show us the conversion of the protagonist to the path of righteousness, but they complain that nonetheless the film (perhaps unintentionally) ends up implicitly promoting the immoral worldview it rather superficially professes to reject in its final act. This charge of hypocrisy is connected to another worry: the moral conversion in the film is said to fall flat because the intellectual resources on display to support the character’s racism are not counterbalanced by equally explicit (but superior) arguments for the anti-racist position ultimately embraced by the character. In other words, just as the devil is said to get all the good lines in Milton’s Paradise Lost, in AHX the racists get all the arguments. This has been taken to be a morally problematic flaw of the film. Critics lament that Derek’s conversion seems to result not from relevant logical inferences and valid rational argumentation but from overly simplistic and arguably egoistic insights (e.g., “has anything you've done made your life better?”) combined, perhaps, with a hackneyed cliché (in prison, one of his best friends is a black person!) In this paper I’ll attempt to rebut these charges and defend the film as a powerful, and powerfully moral, work of art. I’ll be suggesting that the seductive techniques employed allow for many viewers a degree of sympathy towards the protagonist that is crucial, both for making that character’s more horrific actions especially unsettling, and also for making his eventual conversion plausible and ultimately compelling. I’ll also argue that the manner in which his conversion is presented is in fact subtler than many critics have allowed: Derek’s transformation is not artificial or implausible but is depicted as resulting from a cumulative series of emotionally powerful life events and personal engagements. It is certainly true that it is not represented in the way some would seemingly have preferred, i.e. as straightforwardly resulting from a process of gradual intellectual improvement in Derek’s reasoning on questions of race and politics. However, I’ll argue that the decidedly emotional basis of his moral evolution is both refreshingly realistic and no hindrance to accepting his conversion as rational. Finally, properly understanding the legitimacy of the emotional foundations of much moral thought will also allow us to appreciate the ways in which our initial worries about this film’s (not insignificant) ability to persuade viewers through the engagement of emotions need not, in itself, be seen as a barrier to endorsing the film as a morally praiseworthy work. (shrink)

In a series of publications spanning over two decades, William Hasker has argued both that (1) human beings have souls and (2) these souls are not directly created by God but instead are produced by (or “emergent from”) a physical process of some sort or other. By contrast, an alternative view of the human person, endorsed by the contemporary Catholic Church, maintains that (1) human beings have souls but that (2*) each human soul is directly created by God rather than (...) produced by any kind of physical process. Hasker argues that given what we know from evolutionary biology, (2*) is a much less plausible position for believers in souls to take than (2) is. If Hasker is right, then there is a serious tension between the Church’s teaching about the human person and evolutionary biology. In this article, I challenge Hasker’s reasoning. I argue that those who hold the Catholic view that each human soul is directly created by God face no more difficulty reconciling their view with evolutionary biology than those who maintain, as Hasker does, that human souls are instead produced by some kind of physical process. (shrink)

Since Shelly Kagan pointed out the relative neglect of ill-being in philosophical discussions, several philosophers have contributed to an emerging literature on its constituents. In doing so, they have explored possible asymmetries between the constituents of ill-being and the constituents of positive well-being. This paper explores some possible asymmetries that may arise elsewhere in the philosophy of ill-being. In particular, it considers whether there is an asymmetry between the contribution made to prudential value by equal quantities of goods and bads. (...) It then considers a similar question about the contributions made to moral value by equal quantities of ill-being and positive well-being. The paper explores some of the difficulties involved in assessing these questions. It ends by considering broader differences, both practical and theoretical, between the significance of ill-being and of positive well-being. (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 popular approach to statistical mechanics understands statistical mechanical probabilities as measures of rational indifference. Naive formulations of this ``indifference approach'' face reversibility worries - while they yield the right prescriptions regarding future events, they yield the wrong prescriptions regarding past events. This paper begins by showing how the indifference approach can overcome the standard reversibility worries by appealing to the Past Hypothesis. But, the paper argues, positing a Past Hypothesis doesn't free the indifference approach from all reversibility worries. For (...) while appealing to the Past Hypothesis allows it to escape one kind of reversibility worry, it makes it susceptible to another - the Meta-Reversibility Objection. And there is no easy way for the indifference approach to escape the Meta-Reversibility Objection. As a result, reversibility worries pose a steep challenge to the viability of the indifference approach. (shrink)

The application of artificial intelligence (AI) to judicial decision-making has already begun in many jurisdictions around the world. While AI seems to promise greater fairness, access to justice, and legal certainty, issues of discrimination and transparency have emerged and put liberal democratic principles under pressure, most notably in the context of bail decisions. Despite this, there has been no systematic analysis of the risks to liberal democratic values from implementing AI into judicial decision-making. This article sets out to fill this (...) void by identifying and engaging with challenges arising from artificial judicial decision-making, focusing on three pillars of liberal democracy, namely equal treatment of citizens, transparency, and judicial independence. Methodologically, the work takes a comparative perspective between human and artificial decision-making, using the former as a normative benchmark to evaluate the latter. -/- The chapter first argues that AI that would improve on equal treatment of citizens has already been developed, but not yet adopted. Second, while the lack of transparency in AI decision-making poses severe risks which ought to be addressed, AI can also increase the transparency of options and trade-offs that policy makers face when considering the consequences of artificial judicial decision-making. Such transparency of options offers tremendous benefits from a democratic perspective. Third, the overall shift of power from human intuition to advanced AI may threaten judicial independence, and with it the separation of powers. While improvements regarding discrimination and transparency are available or on the horizon, it remains unclear how judicial independence can be protected, especially with the potential development of advanced artificial judicial intelligence (AAJI). Working out the political and legal infrastructure to reap the fruits of artificial judicial intelligence in a safe and stable manner should become a priority of future research in this area. (shrink)

According to many criteria, agency, intentionality, responsibility and freedom of decision, require conscious decisions. Freud already assumed that many of our decisions are influenced by dynamically unconscious motives or that we even perform unconscious actions based on completely unconscious considerations. Such actions might not be intentional, and perhaps not even actions in the narrow sense, we would not be responsible for them and freedom of decision would be missing. Recent psychological and neurophysiological research has added to this a number of (...) phenomena (the "new unconscious") in which behavior is completely unconscious or in which the decision or its execution is influenced by unconscious factors: priming, automatic behavior, habitualized behavior, actions based on plain unconscious deliberations, intrusion of information from the dorsal pathway, etc. However, since this makes up the largest part of the behavior which is generally regarded as action, intentionality, yet agency, responsibility and even compatibilist freedom of decision for the largest part of our behavior may be threatened. Such considerations have led to a lively debate, which, however, suffers from generalizations that lump all these unconscious phenomena together. In contrast, the aim of this article is to discuss individual unconscious influences on our behavior separately with respect to what extent they require changes in traditional conceptualizations. The first part (2-4) of the article outlines the "traditions" and their elaborations: the intentional causalist concept of action, an associated empirical theory of action and standard concepts of responsibility and compatibilist freedom of decision, as well as the challenges for them. In the second part (5-9), the aforementioned unconscious influences on our actions (except for automated and habitualized actions, which I discuss elsewhere) are examined: 1. unconscious priming, 2. dynamically unconscious motives, 3. dorsal pathway information influencing conscious decisions, 4. unconsciously altered execution of conscious intentions, 5. unconscious deliberations and decisions. To what extent do these phenomena C1. require a change in the concept of action, C2. curtail intentionality or agency, C3. responsibility and C4. freedom? The result is: The curtailments prove to be far less dramatic than they initially appear; they require more watchfulness but no conceptual change. (shrink)

This article develops an argument in defense of the claim that Aquinas holds that there are some kinds of activities which can be performed only by persons. In particular, it is argued that Aquinas holds that only persons can engage in the activities proper to a rational nature, e.g., the activities of intellect and will. Next, the article turns to discuss two implications of this thesis concerning Aquinas’s concept of a person. First, the thesis can be used to resolve a (...) prominent scholarly debate concerning Aquinas’s views on the possibility of human persons surviving their bodily deaths. Second, it also points to a problem with a leading interpretation of Aquinas’ account of the Christian doctrine of the Incarnation. Finally, the article concludes by discussing how a correct interpretation of Aquinas’s views on these matters is related to a broader scholarly debate concerning the history of the Western concept of a person. (shrink)

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized moral-political reasons (...) on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

A person possesses value from various components of wellbeing, but they also have overall wellbeing from various instances of value taken together. Most ethicists assume that there is an objectively unique way that wellbeing from components aggregates into overall wellbeing. However, I argue that aggregation is subjective and varies depending on what sort of aggregation a person values. I end with some implications for the significance of death.

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)

This paper examines the debate between permissive and impermissive forms of Bayesianism. It briefly discusses some considerations that might be offered by both sides of the debate, and then replies to some new arguments in favor of impermissivism offered by Roger White. First, it argues that White’s (Oxford studies in epistemology, vol 3. Oxford University Press, Oxford, pp 161–186, 2010) defense of Indifference Principles is unsuccessful. Second, it contends that White’s (Philos Perspect 19:445–459, 2005) arguments against permissive views do not (...) succeed. (shrink)

Representation theorems are often taken to provide the foundations for decision theory. First, they are taken to characterize degrees of belief and utilities. Second, they are taken to justify two fundamental rules of rationality: that we should have probabilistic degrees of belief and that we should act as expected utility maximizers. We argue that representation theorems cannot serve either of these foundational purposes, and that recent attempts to defend the foundational importance of representation theorems are unsuccessful. As a result, we (...) should reject these claims, and lay the foundations of decision theory on firmer ground. (shrink)

Preface for Festschrift for Asher Peres's 70th Birthday, Foundations of Physics, issues 35(11), 35(12), and 36(1). -/- “All my friends!” These were nearly the first words I ever heard come from Asher Peres’s mouth. It was at a conference in Maryland in 1994 honoring the 83rd birthday of John Wheeler. The first morning of the meeting I spied Asher walk out of the lecture hall and into a long hallway where, in the distance, he saw a group of old colleagues. (...) His words came out so spontaneously and so lovingly it left a mark on me. I thought, “What a wonderful way to lead a life!—to have results that effect the world over, to travel the world reporting them, to see each conference as a family reunion.” Asher was a man of family—his blood family in Israel and his family of physicist colleagues throughout the world. He nurtured all of us, and we are what we are in large part because of him. (shrink)

Critics have recently argued that reliabilists face trade-off problems, forcing them to condone intuitively unjustified beliefs when they generate lots of true belief further downstream. What these critics overlook is that reliabilism entails that there areside-constraintson belief-formation, on account of which there are some things you should not believe, even if doing so would have very good epistemic consequences. However, we argue that by embracing side-constraints the reliabilist faces a dilemma: she can either hold on to reliabilism, and with it (...) aforementioned side-constraints, but then needs to explain why we should allow the pursuit of justification to get in the way of the acquisition of true belief; or she can deny that there are side-constraints – and in effect give up on reliabilism. We'll suggest that anyone moved by the considerations that likely attract people to reliabilism in the first place – the idea the true belief is good, and as such should be promoted – should go for the second horn, and instead pursue a form ofepistemic utilitarianism. (shrink)

This paper examines three accounts of the sleeping beauty case: an account proposed by Adam Elga, an account proposed by David Lewis, and a third account defended in this paper. It provides two reasons for preferring the third account. First, this account does a good job of capturing the temporal continuity of our beliefs, while the accounts favored by Elga and Lewis do not. Second, Elga’s and Lewis’ treatments of the sleeping beauty case lead to highly counterintuitive consequences. The proposed (...) account also leads to counterintuitive consequences, but they’re not as bad as those of Elga’s account, and no worse than those of Lewis’ account. (shrink)

Aside from the systematic theory of recognition, Honneth’s work in the last decade has also centered around a less commented-upon theme: the critical social theoretic diagnosis of social pathologies. This paper claims first that his diverse diagnoses of specific social pathologies can be productively united through the conceptual structure evinced by second-order disorders, where there are substantial disconnects, of various kinds, between first-order contents and second-order reflexive understandings of those contents. The second major claim of the paper is that once (...) we understand social pathologies as second-order disorders, it becomes apparent that critical social theory must do more than accurately identify and explicate these disorders at the phenomenological and action-theoretic levels. It must further engage in insightful sociological explanations of the social causes of those pathologies in order to further the prognostic and therapeutic tasks implied by the aim of developing a social theory with emancipatory intent. The paper argues that the identificatory and explicative components of diagnostic social theory have been fulfilled by Honneth to a much greater degree than the latter components of explanation, prognosis and therapy. (shrink)

Are extreme beliefs constitutive of echo chambers, or only typically caused by them? Or are many echo chambers unproblematic, amplifying relatively benign beliefs? This paper details the conceptual relations between echo chambers and extreme beliefs, showing how different conceptual choice-points in how we understand both echo chambers and extreme beliefs affects how we should evaluate, study, and engage with echo chambering groups. We also explore how our theories of extreme beliefs and echo chambers shape social scientific research and contribute in (...) a practical way when treating these phenomena, focusing on examples of climate change scepticism. (shrink)

Conditionalization is a widely endorsed rule for updating one’s beliefs. But a sea of complaints have been raised about it, including worries regarding how the rule handles error correction, changing desiderata of theory choice, evidence loss, self-locating beliefs, learning about new theories, and confirmation. In light of such worries, a number of authors have suggested replacing Conditionalization with a different rule — one that appeals to what I’ll call “ur-priors”. But different authors have understood the rule in different ways, and (...) these different understandings solve different problems. In this paper, I aim to map out the terrain regarding these issues. I survey the different problems that might motivate the adoption of such a rule, flesh out the different understandings of the rule that have been proposed, and assess their pros and cons. I conclude by suggesting that one particular batch of proposals, proposals that appeal to what I’ll call “loaded evidential standards”, are especially promising. (shrink)

Deference principles are principles that describe when, and to what extent, it’s rational to defer to others. Recently, some authors have used such principles to argue for Evidential Uniqueness, the claim that for every batch of evidence, there’s a unique doxastic state that it’s permissible for subjects with that total evidence to have. This paper has two aims. The first aim is to assess these deference-based arguments for Evidential Uniqueness. I’ll show that these arguments only work given a particular kind (...) of deference principle, and I’ll argue that there are reasons to reject these kinds of principles. The second aim of this paper is to spell out what a plausible generalized deference principle looks like. I’ll start by offering a principled rationale for taking deference to constrain rational belief. Then I’ll flesh out the kind of deference principle suggested by this rationale. Finally, I’ll show that this principle is both more plausible and more general than the principles used in the deference-based arguments for Evidential Uniqueness. (shrink)

Warum verlief die Evolution bis zum Menschen und ist nicht auf einer früheren Stufe stehen geblie­ben? Verdanken wir unser Dasein einer über Millionen von Jahren abgelaufenen Kette von Zufällen? Kann man das Leben aus toter Materie erklären? Und was ist Leben überhaupt? Die Antworten, die die Naturwissenschaft auf diese grundlegenden Fragen gibt, können ein tieferes Nachdenken nicht befriedigen. In diesem Buch wird gezeigt, dass in der naturalistischen und darwi­nistischen Erklärung des Lebens und seiner Evolution ein entscheidender Faktor übersehen wird, nämlich (...) der erkennende Mensch. Die Fragen nach dem Lebendigen und nach Richtung und Sinn der Evolution können beantwortet werden, wenn das erkennende Bewusstsein nicht als Zuschauer, sondern als integraler Bestandteil der Wirklich­keit mitberücksichtigt wird. In der Selbstanschauung des Erkennens können die Kräfte und Gesetze organischer Entwicklung beobachtet und erforscht werden. Es zeigt sich, dass die Evolution kein zufälliges Geschehen war, sondern der organische Gesamtprozess der Menschwerdung. (shrink)