The law views with suspicion statistical evidence, even evidence that is probabilistically on a par with direct, individual evidence that the law is in no way suspicious of. But it has proved remarkably hard to either justify this suspicion, or to debunk it. In this paper, we connect the discussion of statistical evidence to broader epistemological discussions of similar phenomena. We highlight Sensitivity – the requirement that a belief be counterfactually sensitive to the truth in a specific way – as (...) a way of epistemically explaining the legal suspicion towards statistical evidence. Still, we do not think of this as a satisfactory vindication of the reluctance to rely on statistical evidence. Knowledge – and Sensitivity, and indeed epistemology in general – are of little, if any, legal value. Instead, we tell an incentive-based story vindicating the suspicion towards statistical evidence. We conclude by showing that the epistemological story and the incentive-based story are closely and interestingly related, and by offering initial thoughts about the role of statistical evidence in morality. (shrink)

How should we punish criminal offenders? One prima facie attractive punishment is administering a mandatory neurointervention—interventions that exert a physical, chemical or biological effect on the brain in order to diminish the likelihood of some forms of criminal offending. While testosterone-lowering drugs have long been used in European and US jurisdictions on sex offenders, it has been suggested that advances in neuroscience raise the possibility of treating a broader range of offenders in the future. Neurointerventions could be a cheaper, and (...) more effective method of punishment. They could also be more humane. Nevertheless, in this paper we provide an argument against the use of mandatory neurointerventions on offenders. We argue that neurointerventions inflict a significant harm on an offender that render them a morally objectionable form of punishment in a respect that incarceration is not. Namely, it constitutes an objectionable interference with the offender’s mental states. However, it might be thought that incarceration also involves an equally objectionable interference with the offender’s mental states. We show that even if it were the case that the offender is harmed to the same extent in the same respect, it does not follow that the harms are morally equivalent. We argue that if one holds that intended harm is more difficult to justify than harm that is unintended but merely foreseen, this means neurointerventions could be morally objectionable in a significant respect that incarceration is not. (shrink)

The starting point regarding consent has to be that it is both extremely important, and that it is often suspicious. In this article, the author tries to make sense of both of these claims, from a largely liberal perspective, tying consent, predictably, to the value of autonomy and distinguishing between autonomy as sovereignty and autonomy as nonalienation. The author then discusses adaptive preferences, claiming that they suffer from a rationality flaw but that it's not clear that this flaw matters morally (...) or politically. What matters is whether they suffer from an autonomy flaw. To answer this question, the author develops an account of autonomy failure, according to which a preference is nonautonomous if an injustice played an appropriate role in its causal history. The author then discusses the moral implications—and in an initial way, the political ones as well—of proclaiming a preference, or consent based on it, nonautonomous in this way. (shrink)

People are often offended by beliefs, expect apologies for beliefs, apologize for their own beliefs. In many mundane cases, people are morally criticized for their beliefs. Intuitively, then, beliefs seem to sometimes wrong people. Recently, the philosophical literature has picked up on this theme, and has started to discuss it under the heading of doxastic wrongdoing. In this paper we argue that despite the strength of such initial intuitions, at the end of the day they have to be rejected. If (...) it can be ever truthfully asserted that beliefs wrong, this is always derivative – beliefs wrong only in virtue of other things (like evidence-gathering actions) wronging. We distinguish between modest and ambitious doxastic wrongdoing theories (the former deny, while the latter accept, the possibility of a morally wrong yet epistemically permissible belief); we argue that each of these options faces insurmountable problems; and we offer partly debunking explanations of the intuitions purportedly supporting doxastic wrongdoing. (shrink)

Here, I put forth a construal of P. F. Strawson’s so-called reversal, his view that what it means to be morally responsible is determined by our practices of holding responsible. The “concern-based” construal that I defend holds that what it means to be morally responsible is determined by the basic social concerns of which our practices are an expression. This construal, I argue, avoids a dilemma that Patrick Todd has recently raised for the reversal.

Critics have argued that human-controlled avatar interactions fail to facilitate the kinds of expressivity and social understanding afforded by our physical bodies. We identify three claims meant to justify the supposed expressive limits of avatar interactions compared to our physical interactions. First, “The Limited Expressivity Claim”: avatars have a more limited expressive range than our physical bodies. Second, “The Inputted Expressivity Claim”: any expressive avatarial behaviour must be deliberately inputted by the user. Third, “The Decoding Claim”: users must infer or (...) figure out the expressive meaning of human-controlled avatars’ behaviour through cognitively onerous processes. With the aim of critically assessing all three claims, we analyze data collected through observations of and interviews with expert players of the avatar-based video game League of Legends. Focusing on Daniel Stern’s (2010) notion of vitality, we analyze the participants’ descriptions of seeing and interacting with other avatars during performance. Our analysis shows that the informants experience human-based avatarial interactions as qualitatively different than interactions with bots, that the informants see the movements of other players’ avatars as having different expressive styles, and that the informants actively use and manipulate this avatarial expressivity during performance. The results of our analysis, we argue, provide reasons for loosening or resisting the three claims concerning the limits of avatarial expressivity. (shrink)

Statistical evidence—say, that 95% of your co-workers badmouth each other—can never render resenting your colleague appropriate, in the way that other evidence (say, the testimony of a reliable friend) can. The problem of statistical resentment is to explain why. We put the problem of statistical resentment in several wider contexts: The context of the problem of statistical evidence in legal theory; the epistemological context—with problems like the lottery paradox for knowledge, epistemic impurism and doxastic wrongdoing; and the context of a (...) wider set of examples of responses and attitudes that seem not to be appropriately groundable in statistical evidence. Regrettably, we do not come up with a fully general, fully adequate, fully unified account of all the phenomena discussed. But we give reasons to believe that no such account is forthcoming, and we sketch a somewhat messier account that may be the best that can be had here. (shrink)

In this paper, we develop an account of the justification thinkers have for employing certain basic belief-forming methods. The guiding idea is inspired by Reichenbach's work on induction. There are certain projects in which thinkers are rationally required to engage. Thinkers are epistemically justified in employing any belief-forming method such that "if it doesn't work, nothing will" for successfully engaging in such a project. We present a detailed account based on this intuitive thought and address objections to it. We conclude (...) by commenting on the implications that our account may have for other important epistemological issues and debates. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 85-103, October 2021.

I argue that according to Socrates in the Phaedo we should not merely evaluate bodily pleasures and desires as worthless or bad, but actively avoid them. We need to avoid them because they change our values and make us believe falsehoods. This change in values and acceptance of falsehoods undermines the soul’s proper activity, making virtue and happiness impossible for us. I situate this account of why we should avoid bodily pleasures within Plato’s project in the Phaedo of providing Pythagorean (...) and Orphic ideas with clearer meanings and better justifications. (shrink)

If the reliability of a source of testimony is open to question, it seems epistemically illegitimate to verify the source’s reliability by appealing to that source’s own testimony. Is this because it is illegitimate to trust a questionable source’s testimony on any matter whatsoever? Or is there a distinctive problem with appealing to the source’s testimony on the matter of that source’s own reliability? After distinguishing between two kinds of epistemically illegitimate circularity—bootstrapping and self-verification—I argue for a qualified version of (...) the claim that there is nothing especially illegitimate about using a questionable source to evaluate its own reliability. Instead, it is illegitimate to appeal to a questionable source’s testimony on any matter whatsoever, with the matter of the source’s own reliability serving only as a special case. (shrink)

I argue that, unlike your brain, you are not composed of other things: you are simple. My argument centers on what I take to be an uncontroversial datum: for any pair of conscious beings, it is impossible for the pair itself to be conscious. Consider, for instance, the pair comprising you and me. You might pinch your arm and feel a pain. I might simultaneously pinch my arm and feel a qualitatively identical pain. But the pair we form would not (...) feel a thing.1 Pairs of people themselves are incapable of experience. Call this The Datum. What explains The Datum? I think the following exhaust the reasonable options. (1) Pairs of people lack a sufficient number of immediate parts. (2) Pairs of people lack immediate parts capable of standing in the right sorts of relations to each other and their environment. (3) Pairs of people lack immediate parts of the right nature. (4) Pairs of people are not structures (they are unstructured collections of their two immediate parts). (5) Some combination of (1) – (4). Finally, (6) pairs of people are not simple. (shrink)

ABSTRACTIn a recent paper, Michael Pardo argues that the epistemic property that is legally relevant is the one called Safety, rather than Sensitivity. In the process, he argues against our Sensitivity-related account of statistical evidence. Here we revisit these issues, partly in order to respond to Pardo, and partly in order to make general claims about legal epistemology. We clarify our account, we show how it adequately deals with counterexamples and other worries, we raise suspicions about Safety's value here, and (...) we revisit our general skepticism about the role that epistemological considerations should play in determining legal policy. (shrink)

It is common for theorists, drawing on P. F. Strawson, to account for morally responsible agency in terms of the nature of the emotions and feelings that characterize our responsibility practices, in terms of the nature of the so-called “reactive attitudes.” Here, I argue against this attitude-based Strawsonian strategy, and I argue in favor of an alternative, which I call the “concern-based Strawsonian strategy.” On this alternative, rather than account for morally responsible agency in terms of the nature of the (...) reactive attitudes, one accounts for such agency in terms of the concern that leaves us susceptible to those attitudes in the first place. This, I believe, is a more promising way to develop the Strawsonian approach than the attitude-based strategy. The concern-based strategy allows us to better countenance the number and variety of the reactive attitudes that characterize our responsibility practices; it shares the attitude-based strategy’s virtues; and it seems to position us to better understand the distinctive social and moral significance associated with being and being regarded as a morally responsible agent. (shrink)

Classical logic is usually interpreted as the logic of propositions. But from Boole's original development up to modern categorical logic, there has always been the alternative interpretation of classical logic as the logic of subsets of any given (nonempty) universe set. Partitions on a universe set are dual to subsets of a universe set in the sense of the reverse-the-arrows category-theoretic duality--which is reflected in the duality between quotient objects and subobjects throughout algebra. Hence the idea arises of a dual (...) logic of partitions. That dual logic is described here. Partition logic is at the same mathematical level as subset logic since models for both are constructed from (partitions on or subsets of) arbitrary unstructured sets with no ordering relations, compatibility or accessibility relations, or topologies on the sets. Just as Boole developed logical finite probability theory as a quantitative treatment of subset logic, applying the analogous mathematical steps to partition logic yields a logical notion of entropy so that information theory can be refounded on partition logic. But the biggest application is that when partition logic and the accompanying logical information theory are "lifted" to complex vector spaces, then the mathematical framework of quantum mechanics is obtained. Partition logic models indefiniteness (i.e., numerical attributes on a set become more definite as the inverse-image partition becomes more refined) while subset logic models the definiteness of classical physics (an entity either definitely has a property or definitely does not). Hence partition logic provides the backstory so the old idea of "objective indefiniteness" in QM can be fleshed out to a full interpretation of quantum mechanics. (shrink)

Does it count against a normative theory in political philosophy that it is in some important sense infeasible, that its prescriptions are unlikely to be complied with? Though a positive answer seems plausible, it has proved hard to defend against the claim that this is not how normative theories work - noncompliance shows a problem with the noncomplying agents, not with the normative theory. I think that this line of thought - this defense of Utopianism - wins the battle but (...) loses the war. It’s right about what does and what does not refute a normative theory. It’s wrong in misidentifying the problem. The right way to think about the feasibility worry is as essentially involving multiple agents, and how expected noncompliance by one agent may refute a normative claim addressed at another. Thus understood, feasibility problems may very well refute a theory in political philosophy. In this paper I develop this understanding of the feasibility worry, tie it to more general discussions in normative ethics, and in political philosophy. (shrink)

Paternalistic behaviour directed towards a person’s informed and competent decisions is often thought to be morally impermissible. This view is supported by what we can call the Anti-Paternalism Principle. While APP might seem plausible when employed to show the wrongness of paternalism by the state, there are some cases of paternalistic behaviour between private, informed, and competent individuals where APP seems mistaken. This raises a difficulty for supporters of APP. Either they need to reject APP to accommodate our intuitions in (...) these cases, or provide grounds for thinking that paternalistic behaviour between certain private individuals is different in a morally relevant sense. In this paper, I explore several possible morally relevant differences, and find all of them unsatisfactory as grounds for maintaining the plausibility of APP. (shrink)

Bernard Williams’ discussion of immortality in “The Makropulos Case: Reflections on the Tedium of Immortality” has spawned an entire philosophical literature. This literature tends to focus on one of Williams’ central claims: if we were to relinquish our mortality, we would necessarily become alienated from our existence and environment—“bored,” in his terms. Many theorists have defended this claim; many others have challenged it. Even if this claim is false, though, it still isn’t obvious that we should choose to relinquish our (...) mortality, given the option. And this is puzzling. Death is generally regarded as an evil, meriting anxiety, dread, and avoidance. What is it about our mortality that makes us hesitant to relinquish it? In this paper, I aim to explain this hesitancy and to argue in its favor: we should be hesitant to relinquish our mortality. Further, I take my discussion to suggest that most of us probably shouldn’t take this option if we were given it. To make these points, I draw on Williams’ discussion of immortality, developing and extending his thought in order to better understand how mortality shapes the way we relate to our lives, particularly the commitments and values that make them meaningful. Our mortality, it seems, plays a crucial role in our lives standing for something. Relinquishing it thus means risking the loss of this value. (shrink)

eSports practice designates a unique set of activities tethered to competitive, virtual environments, or worlds. This correlation between eSports practitioner and virtual world, we argue, is inadequately accounted for solely in terms of something physical or intellectual. Instead, we favor a perspective on eSports practice to be analyzed as a perceptual and embodied phenomenon. In this article, we present the phenomenological approach and focus on the embodied sensations of eSports practitioners as they cope with and perceive within their virtual worlds. (...) By approaching eSports phenomenologically, we uncover ways in which its unique forms of virtual involvement overlap with as well as differentiate themselves from traditional structures of embodiment. (shrink)

This is a contribution to the symposium on Tim Scanlon’s Being Realistic about Reasons. We have two aims here: First, we ask for more details about Scanlon’s meta-metaphysical view, showing problems with salient clarifications. And second, we raise independent objections to the view – to its explanatory productivity, its distinctness, and the argumentative support it enjoys.

The aim of this paper is to create dialectical space for a hitherto under-discussed option in the philosophy of conspiracy theories. The extant literature on the topic almost exclusively assumes that conspiracy theories are a type of explanation. The typical mental attitude towards explanations is belief, a representational attitude that can be assessed as true, false, warranted or unwarranted. I call models based on this assumption alethic models. Alethic models can’t pick out conspiracy theories as a distinct class of mental (...) attitudes without latching onto their negative epistemic properties. The extant literature therefore finds itself in an unfortunate situation. It either has to presume that conspiracy theories are epistemically defective in general (generalism). Or it has to deny that conspiracy theories are a distinct class of mental attitudes. Conspiracy theories are then nothing more than theories, theories about conspiracies, and should be assessed on a case-by-case basis (particularism). Instead, this paper motivates the research program of narrative models. According to narrative models, conspiracy theories are first and foremost stories – structured fictions. And their relevant mental attitudes are the attitudes of fiction – make-believe and imagination. Fictions are not subjects to epistemic norms. They are neither rational nor irrational. Narrative models can therefore pick out conspiracy theories as a distinct class of mental attitudes without labeling them as defective in general. In addition, they are able to explain certain features of conspiracy discourse particularly well, and they offer new perspectives on the popularity of conspiracy theories and the means of intervention we have at our disposal. (shrink)

Categorical logic has shown that modern logic is essentially the logic of subsets (or "subobjects"). Partitions are dual to subsets so there is a dual logic of partitions where a "distinction" [an ordered pair of distinct elements (u,u′) from the universe U ] is dual to an "element". An element being in a subset is analogous to a partition π on U making a distinction, i.e., if u and u′ were in different blocks of π. Subset logic leads to finite (...) probability theory by taking the (Laplacian) probability as the normalized size of each subset-event of a finite universe. The analogous step in the logic of partitions is to assign to a partition the number of distinctions made by a partition normalized by the total number of ordered pairs |U|² from the finite universe. That yields a notion of "logical entropy" for partitions and a "logical information theory." The logical theory directly counts the (normalized) number of distinctions in a partition while Shannon's theory gives the average number of binary partitions needed to make those same distinctions. Thus the logical theory is seen as providing a conceptual underpinning for Shannon's theory based on the logical notion of "distinctions.". (shrink)

Humour is worthy of serious ethical consideration. However, it is often taken far too seriously. In this paper, it is argued that while humour is sometimes unethical, it is wrong much less often than many people think. Non-contextual criticisms, which claim that certain kinds of humour are always wrong, are rejected. Contextual criticisms, which take issue with particular instances of humour rather than types of humour, are more promising. However, it is common to overstate the number of contexts in which (...) humour is wrong. Various mistakes of this kind are highlighted and cautioned against. (shrink)

In “Freedom and Resentment,” P. F. Strawson argued that our responsibility practices reflect a distinctive and natural way we’re oriented toward other people: the participant attitude. This idea has been influential. However, it is also widely acknowledged that Strawson’s account of the participant attitude is at best incomplete. In this paper, I argue that the lacuna in Strawson’s thought corresponds to a lacuna in the wider literature on the moral psychology of responsibility. This lacuna, I hold, limits our understanding of (...) both our responsibility practices and what it means to be responsible. I then develop a more determinate account of the participant attitude, one that, I argue, promises to fill this lacuna and provide a unifying and illuminating framework for thinking about the moral psychology of responsibility. (shrink)

In this chapter, we argue that it’s possible to lose your faith in God by the actions of other people. In particular, we argue that spiritually violent religious trauma, where religious texts are used to shame a person into thinking themselves unworthy of God’s love, can cause a person to stop engaging in activities that sustain their faith in God, such as engaging in the worship of God. To do this, we provide an analysis of faith, worship, and love on (...) which to have faith in God is to have an attitude of worship to him; to have such an attitude of worship to God is to love him; and to love God is to desire union with him. We apply this analysis particularly to the case of LGBT Christians and their experience in the church today. (shrink)

Liberal-contractarian philosophies of justice see the unjust systems of slavery and autocracy in the past as being based on coercion—whereas the social order in modern democratic market societies is based on consent and contract. However, the ‘best’ case for slavery and autocracy in the past were consent-based contractarian arguments. Hence, our first task is to recover those ‘forgotten’ apologia for slavery and autocracy. To counter those consent-based arguments, the historical anti-slavery and democratic movements developed a theory of inalienable rights. Our (...) second task is to recover that theory and to consider several other applications of the theory. Finally, the liberal theories of justice expounded by John Rawls and by Robert Nozick are briefly examined from this perspective. (shrink)

Political equality is in tension with political quality, and quality has recently been neglected. My thesis is that proper attention to the quality of democratic procedures and their outcomes requires that we accept substantive inequalities of political input in the interest of increasing input overall. Mainly, I hope to refute political egalitarianism, the view that justice or legitimacy requires substantive political equality, specifically equal availability of power or influence over collective choices that have legal force. I hope to show that (...) political egalitarianism exaggerates individual rights in the conduct of political procedures, and neglects the substantive justice of the decisions made through those procedures. Some unequal distributions of influence may better promote just decisions, and without reliance on any invidious comparisons such as the relative wisdom of the wealthy or the educated. (shrink)

Philosophers and psychologists alike have argued recently that relatively abstract beliefs or cognitive categories like those regarding race can influence the perceptual experience of relatively low-level visual features like color or lightness. Some of the proposed best empirical evidence for this claim comes from a series of experiments in which White faces were consistently judged as lighter than equiluminant Black faces, even for racially ambiguous faces that were labeled ‘White’ as opposed to ‘Black’ (Levin and Banaji 2006). The latter result (...) is considered especially indicative of cognitive penetration, based on the reasoning that the relevant distortions were a function of lexical labeling, and hence the effect must have been mediated by categorization at the cognitive level. I argue that this reasoning is flawed, and that the assumptions on which it relies are questionable on both empirical and theoretical grounds. I propose an alternative, low-level explanation of the phenomena, which I argue is empirically more plausible and abductively preferable to the cognitive-penetration account. The upshot is that cognitively impenetrable perceptual systems may be psychologically more plastic and hence philosophically more significant than is nowadays commonly assumed. (shrink)

According to a popular idea, freedom is grounded in orthonomy – the ability to be responsive to normative demands. But how exactly must an agent’s action relate to their reasons in order for this orthonomous relationship to hold? In this paper, I propose a novel explanationist answer to this question. I argue that extant answers – causalism and modalism about orthonomy – fail because they fail to account for the fact that intuitions about freedom and orthonomy track facts about explanation. (...) And these facts cannot be reduced to either causal or modal facts. Instead, I propose that we should understand freedom as grounded in special accidentality-dispersing explanations in terms of normative reasons. The resultant view is to be understood as following a Frankfurtian intuition: only factors that explain action can be relevant to whether the action is free. (shrink)

Suppose justice depends on some very unlikely good behavior. In that case the true (or correct, or best) theory of justice might have no practical value. But then, what good would it be? I consider analogies with science and mathematics in order to test various ways of tying their the value of intellectual work to practice, though I argue that these fail. If their value, or that of some political theory, is not practical then what is good about them? As (...) for political theory, I consider the question of what would even count as an answer to this question, and I conclude with the tentative proposal that it is valuable to come to understand something that is, itself, important. (shrink)

I argue that Meno’s Paradox targets the type of knowledge that Socrates has been looking for earlier in the dialogue: knowledge grounded in explanatory definitions. Socrates places strict requirements on definitions and thinks we need these definitions to acquire knowledge. Meno’s challenge uses Socrates’ constraints to argue that we can neither propose definitions nor recognize them. To understand Socrates’ response to the challenge, we need to view Meno’s challenge and Socrates’ response as part of a larger disagreement about the value (...) of inquiry. (shrink)

Aristotle presents a formal logic in the Prior Analytics in which the premises and conclusions are never conditionals. In this paper I argue that he did not simply overlook conditionals, nor does their absence reflect a metaphysical prejudice on his part. Instead, he thinks that arguments with conditionals cannot be syllogisms because of the way he understands the explanatory requirement in the definition of a syllogism: the requirement that the conclusion follow because of the premises. The key passage is Prior (...) Analytics I.32, 47a22–40, where Aristotle considers an argument with conditionals that we would consider valid, but which he denies is a syllogism. I argue that Aristotle thinks that to meet the explanatory requirement a syllogism must draw its conclusion through the way its terms are predicated of one another. Because arguments with conditionals do not, in general, draw their conclusions through predications, he did not include them in his logic. (shrink)

:Does social justice lose all application in the condition in which people are morally flawless? The answer, I will argue, is that it does not — justice might still have application. This is one lesson of my broader thesis in this paper, that there is a variety of conditions we would all regard as highly idealistic and unrealistic which are, nevertheless, not beyond justice. The idea of “circumstances of justice” developed especially by Hume and Rawls may seem to point in (...) a more realistic direction, but we can see that this is not so once we distinguish between conditions of need for norms of justice, conditions of their emergence, and conditions of applicability of the standard of justice. Justice, I argue, can have application even in conditions where no mechanism of justice is present or needed, such as the case of internalized motives of justice. (shrink)

After Marx, dissenting economics almost always used 'the labour theory' as a theory of value. This paper develops a modern treatment of the alternative labour theory of property that is essentially the property theoretic application of the juridical principle of responsibility: impute legal responsibility in accordance with who was in fact responsible. To understand descriptively how assets and liabilities are appropriated in normal production, a 'fundamental myth' needs to be cleared away, and then the market mechanism of appropriation can be (...) understood. On the normative side, neoclassical theory represents marginal productivity theory as showing that (a metaphorical version of) the imputation principle is satisfied ('people get what they produce') in competitive enterprises. Since that shows the moral commitment of neoclassical economics to the imputation principle, the labour theory of property is presented here as the actual non-metaphorical application of the imputation principle to property appropriation. The property-theoretic analysis at the firm level shows how the neoclassical (and much heterodox) analysis in terms of 'distributive shares' wholly misframed the basic questions. Finally, the paper shows how the imputation principle (modernised labour theory of property) is systematically violated in the present wage labour system of renting persons. The paper can be seen as taking up the recent challenge posed by Donald Katzner for a dialogue between neoclassical and heterodox microeconomics. (shrink)