The following is a transcript of the interview I (Yasuko Kitano) conducted with Neil Levy (The Centre for Applied Philosophy and Public Ethics, CAPPE) on the 23rd in July 2009, while he was in Tokyo to give a series of lectures on neuroethics at The University of Tokyo Center for Philosophy. I edited his words for publication with his approval.

Philosophical orthodoxy has it that intentional action consists in one’s intention appropriately causing a motion of one’s body, placing the latter as (conceptually and/or metaphysically) prior to the former. Here I argue that this standard schema should be reversed: acting intentionally is at least conceptually prior to intending. The argument is modelled on a Williamsonian argument for the priority of knowledge developed by Jenifer Nagel. She argues that children acquire the concept KNOWS before they acquire BELIEVES, building on this alleged (...) developmental priority of knowledge to establish its conceptual priority. I start by taking a closer look at Nagel’s argument, canvassing extant objections to do both with the empirical adequacy of her claims and their philosophical implications. Doing so allows me in the second part of the paper to draw lessons that inform the construction of a revamped parallel argument for the priority of ACTS INTENTIONALLY. (shrink)

Mind wandering has been a target of a fast-expanding area of research in cognitive science and philosophy. One of the central puzzles that researchers have been grappling with is whether this mental process should be thought of as passive or active in nature. Intuitively, a wandering mind seems passive but mounting empirical evidence suggests otherwise. Irving (2021) defends a prominent account of mind wandering as unguided attention, which aims inter alia to resolve the puzzle. However, I present counterexamples that reveal (...) Irving’s account to be both too weak and too strong. I then develop the alternative proposal that (stated roughly) mind wandering consists in voluntarily passive attention. After unpacking and defending this idea, I show how it helps to eliminate the conflicting appearance of mind wandering as both passive and active. (shrink)

Recent work in neuroimaging suggests that some patients diagnosed as being in the persistent vegetative state are actually conscious. In this paper, we critically examine this new evidence. We argue that though it remains open to alternative interpretations, it strongly suggests the presence of consciousness in some patients. However, we argue that its ethical significance is less than many people seem to think. There are several different kinds of consciousness, and though all kinds of consciousness have some ethical significance, different (...) kinds underwrite different kinds of moral value. Demonstrating that patients have phenomenal consciousness — conscious states with some kind of qualitative feel to them — shows that they are moral patients, whose welfare must be taken into consideration. But only if they are subjects of a sophisticated kind of access consciousness — where access consciousness entails global availability of information to cognitive systems — are they persons, in the technical sense of the word employed by philosophers. In this sense, being a person is having the full moral status of ordinary human beings. We call for further research which might settle whether patients who manifest signs of consciousness possess the sophisticated kind of access consciousness required for personhood. (shrink)

Dans l’histoire de la métaphysique, l’époque initiée par Descartes se caractérise par le projet de tirer toute connaissance de son propre fonds. C’est ce que Kant a exprimé par la révolution copernicienne : les structures universelles des objets de l’expérience (temporalité, spatialité, grandeur, force, mathématisabilité, etc.) se règlent sur les structures a priori impliquées dans la constitution du sujet transcendantal (les facultés et leurs formes pures). Par là, toute l’ontologie de l’objet d’expérience possible trouve son fondement dans une présupposition transcendantale (...) : celle de la préconstitution invariante du sujet transcendantal, caractérisée par un système de facultés (sensibilité, imagination, entendement, raison) et de formes pures (intuitions, schèmes, concepts et Idées pures). N’est-il pas possible d’élaborer une philosophie transcendantale qui fasse l’économie d’un tel présupposé ? Tel est le projet que l’auteur voit dans la phénoménologie husserlienne : un dépassement de la révolution copernicienne, dont le but n’est nullement de restaurer une ontologie réaliste, mais d’élucider l’essence du sujet transcendantal sans en présupposer l’identité, ni les facultés invariantes. En voici le principe : toute catégorie d’objets prescrit au sujet transcendantal une structure régulatrice, de sorte que le système des facultés du sujet peut être réélaboré au fil conducteur des types d’objets possibles. Dès lors se présente un cercle apparemment insoluble : l’essence du sujet pur se lit à partir des catégories d’objets, mais ces mêmes objets sont constitués par l’activité synthétique du sujet. Or, comment peut-on admettre le paradoxe selon lequel le sujet serait le produit de ses produits ? (shrink)

In this chapter, we argue for three theses: (1) we lack the power to form beliefs at will (i.e., directly); at very least, we lack the power to form at will beliefs of the kind that proponents of doxastic voluntarism have in mind; but (2) we possess a propensity to form beliefs for non-epistemic reasons; and (3) these propensities—once we come to know we have them—entail that we have obligations similar to those we would have were doxastic voluntarism true. Specifically, (...) we will argue that we have obligations to avoid triggering these propensities to form beliefs that are unwarranted or even immoral. (shrink)

Actions performed in a state of automatism are not subject to moral evaluation, while automatic actions often are. Is the asymmetry between automatistic and automatic agency justified? In order to answer this question we need a model or moral accountability that does justice to our intuitions about a range of modes of agency, both pathological and non-pathological. Our aim in this paper is to lay the foundations for such an account.

The Hodgkin–Huxley (HH) model of the action potential is a theoretical pillar of modern neurobiology. In a number of recent publications, Carl Craver ([2006], [2007], [2008]) has argued that the model is explanatorily deficient because it does not reveal enough about underlying molecular mechanisms. I offer an alternative picture of the HH model, according to which it deliberately abstracts from molecular specifics. By doing so, the model explains whole-cell behaviour as the product of a mass of underlying low-level events. The (...) issue goes beyond cellular neurobiology, for the strategy of abstraction exhibited in the HH case is found in a range of biological contexts. I discuss why it has been largely neglected by advocates of the mechanist approach to explanation. 1 Introduction2 A Primer on the HH Model2.1 The basic qualitative picture2.2 The quantitative model3 Interlude: What Did Hodgkin and Huxley Think?4 Craver’s View4.1 Mechanistic explanation4.2 Sketches4.3 Craver's view: The HH model as a mechanism sketch5 An Alternative View of the HH Model5.1 Another look at the equations5.2 The discrete-gating picture5.3 The road paved by Hodgkin and Huxley5.4 Summary and comparison to Craver6 Conclusion: The HH Model and Mechanistic Explanation6.1 Sketches and abstractions6.2 Why has aggregative abstraction been overlooked? (shrink)

The external world sceptic tells some familiar narratives involving massive deception. Perhaps we are brains in vats. Perhaps we are the victim of a deceitful demon. You know the drill. The sceptic proceeds by observing first that victims of such deceptions know nothing about their external environment and that second, since we cannot rule out being a victim of such deceptions our- selves, our own external world beliefs fail to attain the status of knowledge. Discussions of global external world scepticism (...) tend to focus on the second step, where a number of well-known lines of resistance have been offered. But there has been little attention to the first, seemingly innocuous step. That will be the focus of this paper. Part one – sections 1, 2, and 3 – will explain why these standard narratives are not convincing examples of cases where there is no knowledge of the external world. In part two – section 4 – we shall undertake a useful case study. David Lewis’s ‘Elusive Knowledge’ is often thought of as presenting an epistemological vision that is somewhat friendly to external world scepticism: as Lewis himself presents things, there are contexts where external world knowledge ascriptions are uniformly false, and where true knowledge ascriptions are limited to either axiomatic truths or truths about our inner life. We examine his discussion in the light of the preceding reflections and show that the framework he presents is not so concessionary to global external world scepticism after all. (shrink)

To a large extent, the evidential base of claims in the philosophy of science has switched from thought experiments to case studies. We argue that abandoning thought experiments was a wrong turn, since they can effectively complement case studies. We make our argument via an analogy with the relationship between experiments and observations within science. Just as experiments and ‘natural’ observations can together evidence claims in science, each mitigating the downsides of the other, so too can thought experiments and case (...) studies be mutually supporting. After presenting the main argument, we look at potential concerns about thought experiments, suggesting that a judiciously applied mixed-methods approach can overcome them. (shrink)

In this paper we want to focus on Husserl’s critique of Kantian ethics and to develop the following questions. Against the merely empiristic orientation of Hume’s ethics, the Kantian foundation of ethics has an aprioristic character; but does this aprioristic character have to be identified with the origin of ethical principles in the pure subjectivity, and if not, which is its phenomenological signification? The sense of the Copernican revolution is that the structures of the objects are in accordance with the (...) universal structures of the finite subject; a contrario, Husserl refuses this Copernican principle and assumes that every sort of object determines a regulative structure in the subject; is it possible to apply this anticopernican principle to the ethical sphere? As opposed to the Kantian principle of the supremacy of practical reason, we find in Husserl’s thought a supremacy of the theoretical reason; but which is the sense of this inversion? The concept of foundation has in Husserlian phenomenology a cardinal importance: all sorts of truth of superior degree are founded on the inferior level of sensible truth; is it possible to apply this principle of foundation to the ethical sphere, so that ethical consciousness would be founded on feelings? At last the Kantian concept of liberty is not an empirical one, but a cosmological and practical idea; which is the phenomenological sense of liberty? (shrink)

Science and fiction seem to lie at opposite ends of the cognitive-epistemic spectrum. The former is typically seen as the study of hard, real-world facts in a rigorous manner. The latter is treated as an instrument of play and recreation, dealing in figments of the imagination. Initial appearances notwithstanding, several central features of scientific modeling in fact suggest a close connection with the imagination and recent philosophers have developed detailed accounts of models that treat them, in one way or another, (...) as akin to fictions. This chapter will critically discuss the fictions approach as an epistemology of scientific modeling. (shrink)

The principle of epistemic closure is the claim that what is known to follow from knowledge is known to be true. This intuitively plausible idea is endorsed by a vast majority of knowledge theorists. There are significant problems, however, that have to be addressed if epistemic closure – closed knowledge – is endorsed. The present essay locates the problem for closed knowledge in the separation it imposes between knowledge and evidence. Although it might appear that all that stands between knowing (...) the truth of the premises of a valid inference and knowledge of its conclusion is inferring it from the premises, the evidence for each of the premises may jointly count against the conclusion. The intuitive view regarding inferred knowledge says one thing, the evidence says another. One epistemological framework that seems to have the resources to resolve this tension endorses the view that knowledge always requires conclusive evidence. A second framework resolves the tension by limiting the scope of the closure principle. Only inferences drawn directly from propositions contained in the scope of a single knowledge operator are considered closed. The aim of the present essay is to revive the unpopular third option, the idea that knowledge is open. The essay proceeds by arguing that in different ways the two former frameworks only succeed in relocating the problem, not in resolving it. The first framework, the infallibilist view, relocates the problem to a sharp separation between knowledge of the occurrences of events from knowledge of their chance of occurring, a separation leading to several significant additional problems. The fallibilist view, the second framework, in endorsing closure neglects to take into full account the ways in which evidence fails to be transitive. For instance, evidence can count in favor of a conjunction while counting against each of its conjuncts. This fact, which is argued for in the essay on probabilistic as well as non-probabilistic grounds, is used as the foundation of an argument against closed knowledge that can be used as a way to understand several of the most fundamental challenges of epistemology. Not only can an open knowledge view that is based on open evidence resolve all these problems in a simple and natural way, it can also respond to formidable challenges that significantly hinder other open knowledge views. There are good reasons, then, to view both knowledge and evidence as open. (shrink)

How does valuing something for its own sake differ from valuing an entity for the sake of other things? Although numerous answers come to mind, many of them rule out substantive views about what is valuable for its own sake. I therefore seek to provide a more neutral way to distinguish the two valuing attitudes. Drawing from existing accounts of valuing, I argue that the two can be distinguished in terms of a conative-volitional feature. Focusing first on “non-final valuing”—i.e. valuing_ (...) x_ for the sake of something else—I argue that it involves adopting certain reasons on account of a desire for _x_ to contribute to other things. I then show how this contrasts final valuing. The result, I argue, is a plausible account of how the two modes of valuing differ that leaves open substantive views about what all can be valued for its own sake. This is helpful because it develops a popular methodology used to explore the value of a wide range of things, including natural entities, family heirlooms, and artworks, as well as, more broadly, entities that might have “extrinsic final value.”. (shrink)

I distinguish three theses associated with the new mechanistic philosophy – concerning causation, explanation and scientific methodology. Advocates of each thesis are identified and relationships among them are outlined. I then look at some recent work on natural selection and mechanisms. There, attention to different kinds of New Mechanism significantly affects of what is at stake.

A number of concerns have been raised about the possible future use of pharmaceuticals designed to enhance cognitive, affective, and motivational processes, particularly where the aim is to produce morally better decisions or behavior. In this article, we draw attention to what is arguably a more worrying possibility: that pharmaceuticals currently in widespread therapeutic use are already having unintended effects on these processes, and thus on moral decision making and morally significant behavior. We review current evidence on the moral effects (...) of three widely used drugs or drug types: propranolol, selective serotonin reuptake inhibitors, and drugs that effect oxytocin physiology. This evidence suggests that the alterations to moral decision making and behavior caused by these agents may have important and difficult-to-evaluate consequences, at least at the population level. We argue that the moral effects of these and other widely used pharmaceuticals warrant further empirical research and ethical analysis. (shrink)

There is a tension for those who want to simultaneously hold that Abraham’s disposition to sacrifice Isaac is epistemically justified and yet hold that a contemporary father would not be justified in believing that God is commanding him to sacrifice his son. This paper attempts to resolve that tension. While some commentators have correctly pointed out that one must take Abraham’s long relationship with God into account when considering Abraham’s readiness to sacrifice his son, they do not entertain the possibility (...) that his hearing this commandment is evidence against the hypothesis that Abraham is speaking to God. I grant this possibility. But I argue that when God commands Abraham to do the unthinkable, Abraham’s previously acquired evidence could still be sufficient to justify his belief that he is speaking with God. And in making this argument, I attempt to show what differentiates Abraham from the contemporary father who thinks that God is commanding him to sacrifice his son. (shrink)

Many scientists and philosophers of science think that beauty should play a role in theory selection. Physicists like Paul Dirac and Steven Weinberg explicitly claim that the ultimate explanations of the physical world must be beautiful. And philosophers of science like Peter Lipton say that we should expect the loveliest theory to also be the most likely. In this paper, I contend that these arguments from loveliness bear a striking similarity to Thomas Aquinas’ arguments from fittingness; both seem to presume (...) that the most beautiful theory is also the most probable. To do this, I first explain the explanatory virtues that are commonly thought to be constitutive of a lovely theory. Second, I elucidate Aquinas’ arguments from fittingness and show how they work in light of his account of beauty. Lastly, I connect the two kinds of aesthetic arguments and show the extent to which they overlap. (shrink)

The Antiquities Act gives the president the power to designate “objects of historic or scientific interest” as “national monuments.” Presidents have used this power expansively, protecting massive tracts of federal land, often by claiming that very large things, such as the Grand Canyon or even entire landscapes, are “objects” in the requisite sense. There is legal debate over such uses of the Act, with critics arguing that they depart from the original intent and meaning of the legislation. What has been (...) less discussed, however, is whether the Act allows presidents to protect just the object of interest (whatever it turns out to be), or whether it allows presidents to protect a substantial amount of land around objects of interest. I draw from language in the Antiquities Act and existing case law to argue the latter. Due to the nature of “historic and scientific interest,” protecting an object with such interest often requires protecting certain features of the broader landscape. This holds regardless of what counts as an “object of interest.” As a result, it offers a way to argue on certain critics’ own grounds for more expansive designations: even granting a narrow, originalist conception of what qualifies as an “object,” large designations can be justified. (shrink)

Um argumento esquecido em um verdadeiro arsenal de guerra que Espinosa se dedicou a reunir contra o que considerava um dos maiores, senão o maior, empecilho para que os homens alcançassem a verdadeira felicidade, a saber, o falso conceito que possuem da liberdade humana quando a tomam por uma liberdade de arbítrio, contrária a toda e qualquer necessidade. Argumento forjado, certamente, com boa dose de ironia e ânimo polemista contra um objetor que se diz defensor do cartesianismo, e, portanto, em (...) certa medida contra Descartes. Apresentar um argumento que envolva a referência a situações oníricas contra a concepção cartesiana de liberdade como poder dos contrários é, certamente, pretender fazer o feitiço virar contra o feiticeiro. No entanto, para além desse encanto particular e quase anedótico, creio que esse argumento contribui com um bom ponto à inesgotável discussão sobre a natureza da liberdade, debate caro às inquietações filosóficas do nosso querido amigo. Ponto para cuja elucidação espero poder contar com sua ajuda, pois, como se poderá ver na sequência, minha compreensão do argumento é ainda bastante preliminar. Duas traduções porque as cartas onde esse argumento muito provavelmente surgiu pela primeira vez não contam ainda, até onde eu saiba, com uma tradução para a língua portuguesa que permita um acesso mais fácil ao pensamento do filósofo. Legitima preocupação pedagógica, uma entre muitas que caracterizam o professo Boeira. (shrink)

A presentation of Spinoza's theory of affections and concept of conatus aimed at a psychoanalyst audience.

In 1995, the publication of Marleen Rozemond’s paper, Descartes’s Case for Dualism, triggered the revival of the discussion on his argument in favor of the real distinction between body and soul among the Anglo-Saxon scholars. In particular, the discussion then resumed on the necessity of introducing a hidden premise (the so-called attribute premise) in order to regain its probatory character. This debate has reflected on the Cartesian studies in Brazil, and my objective in this text is to bring to the (...) debate two texts still unexplored in relation to this interpretative problem. My hypothesis is that the attempts to justify the thesis that the substance has exactly one principal attribute have not yet succeeded because they underestimated the contribution brought about by the transformation of the notion of nature entailed by the introduction of the concept of principal attribute. Understanding the Cartesian proof of substantial dualism, and more particularly the "attribute premise", would involve, I suggest, the thesis according to which the concept of principal attribute, insofar as it expresses the essence of the substance, is not, and cannot be, according to Descartes, an abstract universal, but rather one of a particular nature. (shrink)

Some philosophers of science – the present author included – appeal to fiction as an interpretation of the practice of modeling. This raises the specter of an incompatibility with realism, since fiction-making is essentially non-truth-regulated. I argue that the prima facie conflict can be resolved in two ways, each involving a distinct notion of fiction and a corresponding formulation of realism. The main goal of the paper is to describe these two packages. Toward the end I comment on how to (...) choose among them. (shrink)

Thought experiments play a role in science and in some central parts of contemporary philosophy. They used to play a larger role in philosophy of science, but have been largely abandoned as part of the field’s “practice turn”. This chapter discusses possible roles for thought experimentation within a practice-oriented philosophy of science. Some of these roles are uncontroversial, such as exemplification and aiding discovery. A more controversial role is the reliance on thought experiments to justify philosophical claims. It is proposed (...) that if we adopt an underlying empiricist view of concepts, then thought experiments can be seen as affording us contact with scientific practice, despite their seemingly a priori character. The advantages and drawbacks of thought experiments are discussed via comparison with case studies, on the one, and simulations on the other hand. The chapter closes with some remarks on how to combine thought experiments with other methods. (shrink)

This study analyzed the monitoring and evaluation of HIV/AIDS prevention programs in Southern Senatorial District of Cross River State, Nigeria. The study considered different levels of care/support and tested for locational variations in the monitoring/evaluation of HIV/AIDs prevention programs. A descriptive survey research design was utilized. This study covered 596 public health employees (doctors, nurses, pharmacists, and laboratory employees) in the study area. A sample of 239 respondents was chosen using the proportional stratified random sampling procedure. Data was collected using (...) a questionnaire constructed by the researchers and validated by specialists. Data gathered were analyzed using descriptive and inferential statistics. Results indicated that HIV/AIDs programs have been successfully monitored/evaluated to a high extent. High rates of success in the monitoring/evaluation of HIV/AIDs prevention programs are attributable to high rates of care/support provided to people living with HIV/AIDs. There was a significant variation in the monitoring/evaluation of HIV/AIDs prevention programs based on the location of health facilities, with higher rates recorded for urban areas. Based on the findings, it was concluded that the monitoring/evaluation of HIV/AIDs prevention programs in the Southern Senatorial District of Cross River State had recorded a significant level of success. The study recommended, among others, that there should be even distribution of medical facilities, resources and personnel to both urban and rural areas to promote equity and access to materials needed to contain or mitigate the spread of the pandemic across all locations. (shrink)

This project has been supported by the Australian Government through the Australian Research Council (project number CS170100008); the Department of Industry, Innovation and Science; and the Department of Prime Minister and Cabinet. ACOLA collaborates with the Australian Academy of Health and Medical Sciences and the New Zealand Royal Society Te Apārangi to deliver the interdisciplinary Horizon Scanning reports to government. The aims of the project which produced this report are: 1. Examine the transformative role that artificial intelligence may play in (...) different sectors of the economy, including the opportunities, risks and challenges that advancement presents. 2. Examine the ethical, legal and social considerations and frameworks required to enable and support broad development and uptake of artificial intelligence. 3. Assess the future education, skills and infrastructure requirements to manage workforce transition and support thriving and internationally competitive artificial intelligence industries. (shrink)

At a House hearing on December 5, 2023, the presidents of three universities—Harvard, MIT, and the University of Pennsylvania—refused to state that certain kinds of hate speech, specifically calls for genocide of Jews, are prohibited on their campuses. The backlash against two of them, Harvard’s Claudine Gay and Penn’s Liz Magill, was swift and devastating; both of them were successfully pressured to resign. Still, while Professors Gay’s and Magill’s responses were widely criticized as tone-deaf, they were legally correct. At many (...) private, and all public, colleges and universities, even the worst hate speech is generally protected unless it is accompanied by aggressive, threatening, or violent conduct. -/- These “demotions” augur even worse consequences, including termination, for less powerful faculty who say the “wrong” thing, in particular statements in support of Trumpism, an increasingly mainstream ideology that stitches together white supremacy, misogyny, a preference for autocracy over democracy, and several phobias—homophobia, Islamophobia, transphobia, and xenophobia. The question I address in this paper is whether these consequences are constitutional at public schools. Whose right is stronger—a public-school teacher’s First Amendment right to express pro-Trumpist sentiments or a public school’s right to maintain a fair, inclusive, and welcoming learning environment? In this article, I argue that the public school has the upper hand here, that it is indeed constitutionally permitted to prohibit political hate speech that contributes to a hostile learning environment. Still, I narrowly limit this prohibition to dehumanizing speech—that is, speech explicitly suggesting that some human beings are “lesser”, intrinsically less valuable, than other human beings. -/- One objection to this position is that public schools may not prohibit any speech, no matter how dehumanizing, because such prohibition amounts to constitutionally impermissible viewpoint discrimination. I argue, however, that viewpoint discrimination is an integral part of education and therefore constitutionally permissible. Education necessarily involves promoting some values over others. These values fall into seven categories: constitutional principles, the humanist virtues, successful character traits and behaviors, knowledge and truth, art and beauty, health (both mental and physical), and social goods (such as justice, peace, and rule of law). (shrink)

This paper explores some consequences of Lewis’s (Australas J Philos 74(4):549–567, 1996) understanding of how knowledge is compartmentalized. It argues, first, that he underestimates how badly it impacts his view. When knowledge is compartmentalized, it lacks at least one of two essential features of Lewis’s account: (a) Elusiveness—familiar skeptical possibilities, when relevant, are incompatible with everyday knowledge. (b) Knowledge is a modality—when a thinker knows that p, there is no relevant possibility where p is false. Lewis proposes compartmentalized knowledge to (...) keep treating knowledge as a modality while mitigating one of its unrealistic epistemological implications: In normal modal epistemic logic (and standard possible world semantics), a thinker always counts as knowing the strongest proposition that follows from the set of all the individual propositions that this thinker knows. Lewis’s compartmentalization proposal is that thinkers merely know the conjunctions of propositions that are known in each of, but not across, their compartments. The irony is that in avoiding overblown knowledge the view now allows for thinkers to attend to skeptical error possibilities and yet knowledge is present. The account avoids inflation of knowledge in one sense only to acquire another type of knowledge the view denies subjects can have. This problem motivates an inspection of knowledge accounts whose intra-compartment closure principles are weaker than those that are valid in normal modal-logic. The conclusion is that some formulations of closure can avoid the challenge Lewis’s view faces. Nevertheless, even these closure principles pose a barrier—perhaps an implausible barrier—for knowledge of ignorance. Even when the reasoning supporting the lack of knowledge is sound, a subject cannot always know she doesn’t know. Interestingly, this obstacle is one that knowledge of knowledge doesn’t seem to face. (shrink)

Most philosophers believe that wrongdoers sometimes deserve to be punished by long prison sentences. They also believe that such punishments are justified by their consequences: they deter crime and incapacitate potential offenders. In this article, I argue that both these claims are false. No one deserves to be punished, I argue, because our actions are shot through with direct or indirect luck. I also argue that there are good reasons to think that punishing fewer people and much less harshly will (...) have better social consequences, at a reduced overall cost, then the long prison sentences that are usually seen as required for social protection. (shrink)

This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...) years earlier for two murders. Delling never had the opportunity to plead the insanity defense because his home state, Idaho, had abolished it in 1982. -/- By depriving Delling of the right to plead insanity, Idaho violated Delling’s Fourteenth Amendment right to due process and his Eighth Amendment right against “cruel and unusual” punishment. Naturally, the same is true for many other mentally ill and disabled defendants who have been prosecuted in Idaho and in the other three states that have abolished the insanity defense: Kansas, Montana, and Utah. -/- The second general part of this Article notes an insight that I stumbled upon in the course of researching the first part: the insanity defense and the mistake of law defense both require ignorance of the law, what I refer to as “normative ignorance.” Indeed, normative ignorance is what makes both of these defenses exculpatory in the first place. -/- Given this critical connection, there is a way for Idaho, Kansas, Montana, and Utah to resume compliance with the Constitution. Instead of reinstating the insanity defense per se, which might be politically unpopular, they should just broaden their mistake of law defense to include normative ignorance caused by cognitive incapacity that is itself caused by mental illness or disability. -/- Still, this Article is not merely directed at these four western states. It is directed at the other forty-six states as well. Because they already have an insanity defense, they need not incorporate it into their mistake of law defense. But in the third general part, I will argue that they should still expand their mistake of law defense to cover defendants who either lack a reasonable opportunity to learn the law or reasonably but mistakenly infer from widely accepted norms or ethics that their conduct is lawful. (shrink)

Many have the intuition that human persons are both extremely and equally valuable. This seeming extremity and equality of vale is puzzling: if overall value is the sum of one’s final value and instrumental value, how could it be that persons share the same extreme value? One way that we can solve the Value Puzzle is by following Andrew Bailey and Josh Rasmussen. Philosophy and Phenomenological Research, 103, 264–277 (2020) and accepting that persons have infinite final value. But there are (...) some significant downsides to their way of thinking about values, which relies on the extended real numbers. We offer a different approach: if we model values using the hyperreal numbers, we can capture many of our intuitions about the extremity and relative equality of human value without incurring the substantial theoretical costs of using the extended real numbers. We also examine other ways of modeling the infinite value of persons and evaluate the strengths and weaknesses of these other accounts compared to ours. (shrink)

I argue for two propositions. First, contrary to the common wisdom, we may justly punish individuals who are not morally responsible for their crimes. Psychopaths – individuals who lack the capacity to feel sympathy – help to prove this point. Scholars are increasingly arguing that psychopaths are not morally responsible for their behavior because they suffer from a neurological disorder that makes it impossible for them to understand, and therefore be motivated by, moral reasons. These same scholars then infer from (...) this conclusion that they must also lack criminal responsibility and therefore that our continuing to punish psychopaths for their crimes is unjust. My response is that this inference is entirely fallacious. -/- Criminal responsibility turns out to be quite distinct from moral responsibility. The two kinds of responsibility require very different conditions to be satisfied. In particular, criminal responsibility, unlike moral responsibility, does not require an agent be able to grasp and follow moral reasons; it requires only that the individual be able to grasp and follow criminal laws. Once this point is recognized, it becomes much easier to accept my thesis: while the subset of psychopaths who commit crimes are not morally responsible for their criminal behavior because they cannot understand moral reasons, they are still criminally responsible because they can understand what the consequences will be if they get caught. For this reason, even though I concede that psychopaths are not morally responsible for the crimes that they commit, our practice of punishing them for these crimes is still just. -/- Second, I argue that psychopathy is a mental illness and should be recognized as such. One reason that it should be recognized as a mental illness is simply because it is; it satisfies the main criteria for inclusion in the DSM-IV, the “bible” of mental disorders. The other reason is more practical than conceptual. It starts with two facts: the U.S. Supreme Court has decided that the preventive detention of any individual who is not a criminal suspect is not constitutional unless the individual is not only dangerous but also mentally ill; and psychopathy is not currently considered to be a mental illness. So, as things now stand, we cannot preventively commit dangerous psychopaths – that is, psychopaths who have clearly indicated that they will be committing serious crimes. Instead, we must wait for them to commit the crimes before we can lock them up. Unfortunately, this incarceration always comes too late for the victims. It would therefore be better if we could lock them up before they actually inflict any harm. Once again, then, I propose that the legal and psychological communities classify psychopathy as a mental illness. (shrink)

This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered to (...) be more or less interchangeable. But there is a growing movement, which I refer to as "responsibility skepticism," which maintains that moral responsibility is either physically or metaphysically impossible. If the responsibility skeptics are right (that moral responsibility is impossible), then what are the implications for criminal responsibility and just criminal punishment? Should we abandon these as well? Or can they survive without moral responsibility? I try to answer these questions. -/- The third part addresses social causation. The criminal justice system tends to be "dispositionalist"; it tends, that is, to assume that criminal responsibility resides entirely within the defendant. Dispositionalism, however, overlooks the fact that who we are and what we do are significantly determined by environmental influences. I then try to show that this "situationist" alternative to dispositionalism should not radically alter our approach to criminal punishment. -/- The final part briefly discusses the difficulty in evaluating criminal responsibility when the defendant is both an offender and a victim - especially when the defendant is an offender *because* of his victimization. (shrink)

I argue that Descartes' Second Causal Proof of God in the Third Meditation evidences, and commits him to, the belief that time is "strongly discontinuous" -- that is, that there is actually a gap between each consecutive moment of time. Much of my article attempts to reconcile this interpretation, the "received view," with Descartes' statements about time, space, and matter in his other writings, including his correspondence with various philosophers.

In this Article, I will argue that a person may be deserving of criminal punishment even in certain situations where she is not necessarily morally responsible for her criminal act. What these situations share in common are two things: the psychological factors that motivate the individual’s behavior are environmentally determined and her crime is serious, making her less eligible for sympathy and therefore less likely to be acquitted. -/- To get to this conclusion, I will proceed in four steps. In (...) Part II, I will offer the first two of these steps. First, I will argue that our foundational assumption that moral responsibility is necessary for just blame and punishment is not self-evident and is actually rather difficult to explain and justify. Second, I will offer an explanation and justification that appeals to our moral psychology. Specifically, I will argue that we subscribe to this assumption ultimately because we sympathize with agents who lack responsibility for their actions. -/- Third, in Part IV, I aim to show that even if moral responsibility is not conceptually — only “emotionally” — necessary for just blame and punishment, the traditionally recognized criminal excuses are not at risk because, contrary to popular wisdom, they do not really rely on this assumption to begin with. Instead, they stand less for the metaphysical proposition that we should refrain from blaming and punishing the non-responsible and more for the normative/ethical proposition that we should refrain from blaming and punishing those whom we cannot reasonably expect to have acted better. I will further argue that the latter proposition does not necessarily reduce to the former. -/- Fourth, once I have defended my account of the excuses, I will question in Parts V and VI the increasingly popular notion that we should add certain conditions or circumstances to the list of recognized excuses. I will focus on one in particular — the psychological theory of “situationism” — and will argue that, despite its initial plausibility, it should be kept off the list. While situationism arguably does negate moral responsibility, it does not negate criminal responsibility. -/- Of course, this is a controversial point. Criminal responsibility is almost universally thought to require moral responsibility. But in a previous article, "Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention," 48 San Diego L. Rev. 1299, I used personality psychology to drive a wedge between the two. In this article, I will use the opposite end of the psychological spectrum — social psychology — to drive the same important wedge. (shrink)

Evolutionary debunking arguments (EDAs) have attracted extensive attention in meta-ethics, as they pose an important challenge to moral realism. Mogensen (2015) suggests that EDAs contain a fallacy, by confusing two distinct forms of biological explanation – ultimate and proximate. If correct, the point is of considerable importance: evolutionary genealogies of human morality are simply irrelevant for debunking. But we argue that the actual situation is subtler: while ultimate claims do not strictly entail proximate ones, there are important evidential connections between (...) the two. Attending to these connections clears ground for a new and improved EDA. However, it also brings into view some possible problems with EDAs that have been largely neglected so far. (shrink)

L’objet de cet article est de dégager, sur l’exemple de la prédication, ce qu’est le propre d’une logique phénoménologique. On montre qu’elle se caractérise par plusieurs démarches essentielles : régression du domaine de la signification idéale vers les modes de visée, de comportement et d’évidence subjectifs propres à l’étant qui, par son discours, vise les formes syntaxiques, donc depuis les articulations syntaxiques de la signification vers celles de la pensée ; et surtout, un déplacement de l’orientation thématique depuis le domaine (...) de la signification idéale vers un champ infralinguistique et pré-idéal où ce dernier a sa source, afin de rechercher l’origine ultime du logos dans des structures prélogiques (formes noétiques de l’expérience perceptive, structures ontologiques de l’étant percu, modalités de la compréhension ontologique. Ne se limitant pas à la pensée logique au sens strict, on opère un élargissement considérable de la notion de logique, pour restituer les échafaudages qui mènent à l’élaboration de la syntaxe et replacer la pensée logifiante dans le mode d’être, de comprendre et de faire-expérience du sujet ou du Dasein. (shrink)

Response to commentary. We are grateful to Crockett and Craigie for their interesting remarks on our paper. We accept Crockett’s claim that there is a need for caution in drawing inferences about patient groups from work on healthy volunteers in the laboratory. However, we believe that the evidence we cited established a strong presumption that many of the patients who are routinely taking a medication, including many people properly prescribed the medication for a medical condition, have morally significant aspects of (...) their cognition and behavior modified in a way that is unintended and may sometimes be unwelcome. Crockett notes that in some cases the effects of long-term drug use may differ, sometimes markedly, from the effects of short-term use. However, if acute use of a drug affects a neural system involved in mediating moral cognition or behavior, this nevertheless provides some evidence that chronic use of the drug may affect that same system and thus have morally significant effects. It is also plausible, in some cases, that an acute moral effect would give rise to a chronic moral effect via cognitive mechanisms. ... (shrink)

Cet article s’attache à dégager le sens de la doctrine phénoménologique husserlienne de la raison en l'opposant à la théorie kantienne. Pour Kant, la raison et les Idées rationnelles sont constitutives de la nature du sujet fini en général, de sorte qu'il n'est pas possible de fournir une déduction transcendantale ou une légitimation des Idées rationnelles, mais seulement d'en opérer une dérivation à partir de la nature du sujet fini. A contrario, dans le cadre de la phénoménologie transcendantale, les facultés (...) ne doivent plus être comprises comme des composantes de la nature subjective, mais doivent être déchiffrées au fil conducteur des types d’objets constituables par la conscience pure. Nous tâchosn donc d'élucider ce que peut être une telle théorie de la raison orientée sur un tel principe anticopernicien. (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)

Ce texte propose une justification de la critique que Spinoza adresse à Descartes, par l’intermédiaire de Louis Meyer, dans la Préface des Principes de la Philosophie de Descartes ; plus particulièrement, il s’agit de reconstruire ses raisons pour affirmer qu’il n’a pas été prouvé, dans la Seconde Méditation, que la chose qui est désignée par le terme ‘je’ puisse être une substance. L’argument qui doit soutenir cette affirma- tion peut être schématisé de la façon suivante : Descartes ne peut introduire (...) un indice temporel dans la certitude de la proposition Je suis, j’existe que s’il accepte que la compréhension de cette proposition enveloppe la possibilité de l’existence d’autres choses pensantes finies, ce qui contredit l’unes des conditions de la conception d’une chose comme substance, telles que lui-même les a définies dans l’article 60 de la première partie des Principes de la Philosophie. (shrink)

RESUMÉ – Situe historiquement au confluent de l’arithmétisation de l’analyse et de l’élaboration de la théorie des nombres transfinis, “De l’infini mathématique” s’attache à reconnaître à l’infini le statut de véritable objet mathématique ; mais le problème véritable, une fois mise en évidence l’insuffisance de la genèse arithmétique et algébrique des concepts et principes mathématiques, réside dans la possibilité de leur fondation philosophique sur des notions et principes rationnels et extramathématiques.

A coletânea apresenta, sob a forma de artigos, problemas e soluções associados ao conceito e substância ao longo da história da filosofia. Sem pretender exaurir esse percurso, a coletânea contém 29 artigos redigidos por diversos especialistas brasileiros em Filosofia. Sua proposta é oferecer uma visão clara, acessível, precisa e atualizada desse recorte da história do conceito de filosofia, na expectativa de contribuir para o aperfeiçoamento do ensino e debate de filosofia no país. -/- The anthology presents, through a series of (...) articles, the intricacies of problems and solutions intertwined with the concept of substance across the annals of philosophical history. While not seeking to comprehensively cover this vast terrain, the collection comprises 29 articles penned by a diverse array of Brazilian specialists in Philosophy. Its overarching aim is to furnish a lucid, accessible, precise, and contemporaneous perspective on this facet of philosophical inquiry, with the aspiration of enriching the landscape of philosophical education and discourse in Brazil. (shrink)

Au-delà de l’intérêt purement historiographique, nous tentons ici de dégager l’intérêt proprement philosophique de thèses fondamentales du philosophe Carl Stumpf : l’appel à une méthode intuitionniste, c’est-à-dire au retour à ce qui est effectivement donné ; le principe fondamental de l’autonomie de la sphère du sensible ou (dans la terminologie husserlienne) du domaine hylétique, c’est-à-dire son indépendance vis-à-vis des activités noétiques ; le dégagement d’un concept non purement empiriste et non atomiste de la sensibilité ; le principe anti-associationniste et anti-kantien (...) qui est inhérent à la méthode d’analyse des parties psychologiques (psychologische Theile) ou de contenus partiels (Theilinhalte) ; enfin, la désubjectivation de l’a priori, qui s’oppose de manière radicale à la conception kantienne de l’a priori qui l’identifie à l’élément formel de la connaissance, c’est-à-dire à une forme subjective. Et nous tentons de mettre en évidence mettre en évidence la manière dont ces principes œuvrent déjà au sein de l’analyse de l’origine de la représentation de l’espace, telle qu’elle se présente dans l’ouvrage de 1874 “Sur l’origine psychologique de la représentation de l’espace”. (shrink)

Ce texte est la préface à la réédition d'un certain nombre de textes du philosophe français Jean-Toussaint Desanti, philosophe des mathématiques qui a été marqué par la phénoménologie husserlienne et la pensée de Jean Cavaillès. Nous nous efforçons d'y rassembler les thèmes et thèses centraux de la pensée de Desanti, telle qu’elle s’élabore dans ces textes publiés dans différentes revues : en premier lieu, le thème de l’historicité des idéalités mathématiques et la récusation du sujet comme instance productrice de ces (...) objets. (shrink)