Ordinary perceiving relies heavily on our sensing the spatial properties of objects, e.g., their shapes, sizes, and locations. Such spatial perception is central in everyday life. We safely cross a street by seeing and hearing the locations of oncoming vehicles. And we often identify objects by seeing and feeling their distinctive shapes. -/- To understand how we perceive spatial properties, we must explain the nature of the mental states figuring in spatial perception. The experience one has when seeing a cube, (...) e.g., differs from the experiences one has when seeing other shapes, e.g., spheres and pyramids. We must explain how such experiences differ to fully understand how we perceive differences in the spatial properties of objects. This presents a challenge often overlooked in philosophy and cognitive science. Whereas we can differentiate physical objects by their spatial properties, we cannot differentiate the experiences involved in perception in respect of their own spatial properties. Experiences are mental states, not physical objects, so they do not themselves have spatial properties; a visual experience of a 50 ft. tall cube, e.g., isn’t itself 50 ft. tall or cubical. So we must differentiate our perceptual experiences of those objects some other way, in terms of their own properties. -/- I argue the experiences figuring in spatial perception have mental properties distinct from, but analogous to, the spatial properties we perceive. The experience one has when seeing a square, e.g., has a property that resembles and differs from other such mental properties in ways parallel to the ways physical squares resemble and differ from other shapes. Just as squares are more similar to rectangles than triangles, the mental property of an experience of a square is more similar to that of an experience of a rectangle than that of an experience of a triangle. -/- I show how this theory helps solve several problems in philosophy and cognitive science; explaining change blindness, accounting for our ability to perceive combinations of distinct properties, e.g., color and shape, and determining whether the properties of experiences pertaining to the same spatial properties in different sensory modalities are themselves the same. (shrink)

The coronavirus disease 2019 (COVID-19) pandemic has motivated medical ethicists and several task forces to revisit or issue new guidelines on allocating scarce medical resources. Such guidelines are relevant for the allocation of scarce therapeutics and vaccines and for allocation of ICU beds, ventilators, and other life-sustaining treatments or potentially scarce interventions. Principles underlying these guidelines, like saving the most lives, mitigating disparities, reciprocity to those who assume additional risk (eg, essential workers and clinical trial participants), and equal access may (...) compete with one another. We propose the use of a “categorized priority system” (also known as a “reserve system”) as an improvement over existing allocation methods, particularly because it may be able to achieve disparity mitigation better than other methods. (shrink)

Coronavirus disease 2019 can lead to respiratory failure. Some patients require extracorporeal membrane oxygenation support. During the current pandemic, health care resources in some cities have been overwhelmed, and doctors have faced complex decisions about resource allocation. We present a case in which a pediatric hospital caring for both children and adults seeks to establish guidelines for the use of extracorporeal membrane oxygenation if there are not enough resources to treat every patient. Experts in critical care, end-of-life care, bioethics, and (...) health policy discuss if age should guide rationing decisions. (shrink)

I argue that the blameworthy deserve to suffer in that they deserve to feel guilt, which is the unpleasant experience of appreciating one’s apparent culpability for having done wrong. I argue that the blameworthy deserve to feel guilt because they owe it to those whom they’ve culpably wronged to (a) hold themselves accountable, (b) manifest the proper regard for those whom they’ve wronged, and (c) appreciate their culpability for, and the moral significance of, their wrongdoing. And I argue that the (...) blameworthy must feel guilt to satisfy a–c. What’s more, I argue that, in thinking about whether the blameworthy deserve to feel guilt, we need to compare the world in which the blameworthy feel guilt to the world in which the non-blameworthy feel guilt, for, as I argue, it’s insufficient to compare only the world in which the blameworthy feel guilt to the world in which the blameworthy don’t feel guilt. (shrink)

Manipulation of quotation, shown to be a common tactic of argumentation in this paper, is associated with fallacies like wrenching from context, hasty generalization, equivocation, accent, the straw man fallacy, and ad hominem arguments. Several examples are presented from everyday speech, legislative debates and trials. Analysis using dialog models explains the critical defects of argumentation illustrated in each of the examples. In the formal dialog system CB, a proponent and respondent take turns in making moves in an orderly goal-directed sequence (...) of argumentation in which the proponent tries to persuade the respondent to become committed to a conclusion by asking questions and offering arguments. Analyzing quotation by using the notion of commitment in dialog, it is shown (a) how an arguer’s previous assertions can be brought to light in the course of a dialog to deal with problems arising from misquotation, (b) how the profile of dialog model allows a critic to analyse the fundamental effects misquotation brings about in a dialog, and (c) how the critic can use such an analysis to correct the problem. (shrink)

It is often argued that the indispensability of continuum models comes from their empirical adequacy despite their decoupling from the microscopic details of the modelled physical system. There is thus a commonly held misconception that temperature varying across a region of space or time can always be accurately represented as a continuous function. We discuss three inter-related cases of temperature modelling — in phase transitions, thermal boundary resistance and slip flows — and show that the continuum view is fallacious on (...) the ground that the microscopic details of a physical system are not necessarily decoupled from continuum models. We show how temperature discontinuities are present in both data (experiments and simulations) and phenomena (theory and models) and how discontinuum models of temperature variation may have greater empirical adequacy and explanatory power. The conclusions of our paper are: a) continuum idealisations are not indispensable to modelling physical phenomena and both continuous and discontinuous representations of phenomena work depending on the context; b) temperature is not necessarily a continuously defined function in our best scientific representations of the world; and c) that its continuity, where applicable, is a contingent matter. We also raise a question as to whether discontinuous representations should be considered truly de-idealised descriptions of physical phenomena. (shrink)

Este artigo procura analisar algumas das principais ideias abordadas no encontro anual promovido pela “American Association for the Advancement of Sciencie” em Boston (EUA) em 1953. Parte do encontro foi para abordar sobre o estado atual da concepção operacional de significado desenvolvida por Percy W. Bridgman a partir de 1927. As principais ideias tratadas no encontro foram posteriormente publicadas pela revista “The Scientific Montly” em 1954-1955 e republicadas no capítulo 2 do livro “The validation of scientific theories” (1961), editado por (...) Philipp Frank. A obra de 1961 será utilizada aqui como referência para as citações. Os autores dos capítulos são Henry Margenau, Gustav Bergmann, Carl G. Hempel, R. B. Lindsay, Raymond J. Sieger, Adolf Gründbaun, além do artigo do próprio Percy Bridgman. Este debate surgiu a mais de 20 anos depois da publicação da primeira obra de Bridgman, a saber, “The Logic of Modern Physics” (1927), onde ele apresenta pela primeira vez sua concepção de significado dos conceitos científicos baseada em procedimentos operacionais. A obra de 1927 trouxe os debates sobre a importância da linguagem científica e da correspondência empírica, uma questão pertinente na filosofia da ciência da época inflacionada pela filosofia da ciência do empirismo lógico. Os debates do encontro tiveram como objetivo apresentar questionamentos e fazer exposições gerais sobre a forma como a concepção operacional pode ser interpretada por cientistas e filósofos da época, seja em seus elementos favoráveis na ciência, enquanto resolvendo questões pertinentes para cientistas e filósofos da ciência, seja por mostrar também as limitações da concepção operacional através dos questionamentos dirigidos a ela. Ressaltamos a importância deste debate na época e nos dias atuais. Temos aqui um material que pode servir de direcionamento histórico e de debate filosófico para algumas das questões pertinentes dos filósofos da ciência da época. (shrink)

In a recent publication Tom Douglas and Katrien Devolder have proposed a new account of genetic parenthood, building on the work of Heidi Mertes. Douglas and Devolder’s account aims to solve, among other things, the question of who are the genetic parents of an individual created through somatic cell nuclear transfer (i.e. cloning): (a) the nuclear DNA provider or (b) the progenitors of the nuclear DNA provider. Such a question cannot be answered by simply appealing to the folk (...) account of genetic parenthood, according to which the genetic parents of an individual are those individuals who produced the egg and sperm, respectively, which fused to create the embryo. It cannot be so as in cloning there is no fertilization as such. In this article I critically examine Douglas and Devolder’s new account of genetic parenthood and demonstrate that it is vulnerable to counterexamples that exploit the lack of a condition specifying that genetic parents should cause a child’s coming into existence. (shrink)

Contemporary discussions about operational definition often hark back to Stanley Smith Stevens’ classic papers on psychological operationism (1935ab). Still, he was far from the only psychologist to call for conceptual hygiene. Some of Stevens’ direct colleagues at Harvard---most notably B. F. Skinner and E. G. Boring---were also actively applying Bridgman’s conceptual strictures to the study of mind and behavior. In this paper, I shed new light on the history of operationism by reconstructing the Harvard debates about operational definition in the (...) years before Stevens published his seminal articles. Building on a large set of archival evidence from the Harvard University Archives, I argue that we can get a more complete understanding of Stevens’ contributions if we better grasp the operationisms of his former teachers and direct colleagues at Harvard’s Department of Philosophy and Psychology. (shrink)

Some philosophical pluralists argue that both a top-down and a bottom-up approach serve as equally justified methods for engaging in ontological inquiry. In the top-down approach, we start with an analysis of theory and extrapolate from there to the world. In the bottom-up approach, we begin with an empirical investigation of the world and let our theory respond accordingly. The idea is that ontological conclusions arrived at via these two equally justified methods are then also equally justified. In this paper, (...) I argue that top-down/bottom-up methodological pluralism inadvertently grants primacy to the top-down approach. I go on to suggest that this is, in fact, unavoidable because it applies to ontological inquiry in general. Ontological inquiry invariably adopts the top-down approach because (a) ontological conclusions are not revealed during empirical investigations; instead, they are conceptual (i.e. theoretical) posits asserted top-down and (b) even if we consider both top-down and bottom-up approaches during ontological inquiry, such a consideration itself occurs from within theory (i.e. top-down). (shrink)

In *Engaging Capital Emotions,* Douglas Berman and Stephanos Bibas argue that emotion is central to understanding and evaluating the death penalty, and that the emotional case for the death penalty for child rape may be even stronger than for adult murder. Both the Berman and Bibas article and the subsequent Supreme Court decision in Kennedy v. Louisiana (striking down the death penalty for child rape) raise difficult questions about how to measure the heinousness of crimes other than murder, and (...) about the role the pain suffered by victims and victims' families should play in this inquiry. In this Reply, I agree with the authors on the importance of confronting emotion's role in capital punishment, for reasons I discuss in Part A. However, I disagree with their claim that the moral outrage evoked by child rape supports making it a capital crime. Part B explores the difficulties of using the existence of moral outrage as a measure of appropriate punishment. Part C argues that the penal system should not merely reflect moral outrage, but channel and educate it. It suggests that the availability of the death penalty may create an anchoring effect, communicating the message that the death penalty is the proper way to express moral outrage and to honor the worth of murder victims. It explores the consequences of this message. Section II focuses on the role of emotion in deciding whether child rape should be a capital crime. Part A considers the problematic role of victim harm in determining whether the death penalty is appropriate. It explores the question, raised in Kennedy v Louisiana, of whether the effect of a capital trial on child rape victims ought to be part of the calculus. Part B argues that there are three particular problems with allowing juries to sentence child rapists to death: the deleterious effect of anger and empathy, the problem of generic prejudice, and the issue of race. (shrink)

Collected and edited by Noah Levin -/- Table of Contents: -/- UNIT ONE: INTRODUCTION TO CONTEMPORARY ETHICS: TECHNOLOGY, AFFIRMATIVE ACTION, AND IMMIGRATION 1 The “Trolley Problem” and Self-Driving Cars: Your Car’s Moral Settings (Noah Levin) 2 What is Ethics and What Makes Something a Problem for Morality? (David Svolba) 3 Letter from the Birmingham City Jail (Martin Luther King, Jr) 4 A Defense of Affirmative Action (Noah Levin) 5 The Moral Issues of Immigration (B.M. Wooldridge) 6 The Ethics of our (...) Digital Selves (Noah Levin) -/- UNIT TWO: TORTURE, DEATH, AND THE “GREATER GOOD” 7 The Ethics of Torture (Martine Berenpas) 8 What Moral Obligations do we have (or not have) to Impoverished Peoples? (B.M. Wooldridge) 9 Euthanasia, or Mercy Killing (Nathan Nobis) 10 An Argument Against Capital Punishment (Noah Levin) 11 Common Arguments about Abortion (Nathan Nobis & Kristina Grob) 12 Better (Philosophical) Arguments about Abortion (Nathan Nobis & Kristina Grob) -/- UNIT THREE: PERSONS, AUTONOMY, THE ENVIRONMENT, AND RIGHTS 13 Animal Rights (Eduardo Salazar) 14 John Rawls and the “Veil of Ignorance” (Ben Davies) 15 Environmental Ethics: Climate Change (Jonathan Spelman) 16 Rape, Date Rape, and the “Affirmative Consent” Law in California (Noah Levin) 17 The Ethics of Pornography: Deliberating on a Modern Harm (Eduardo Salazar) 18 The Social Contract (Thomas Hobbes) -/- UNIT FOUR: HAPPINESS 19 Is Pleasure all that Matters? Thoughts on the “Experience Machine” (Prabhpal Singh) 20 Utilitarianism (J.S. Mill) 21 Utilitarianism: Pros and Cons (B.M. Wooldridge) 22 Existentialism, Genetic Engineering, and the Meaning of Life: The Fifths (Noah Levin) 23 The Solitude of the Self (Elizabeth Cady Stanton) 24 Game Theory, the Nash Equilibrium, and the Prisoner’s Dilemma (Douglas E. Hill) -/- UNIT FIVE: RELIGION, LAW, AND ABSOLUTE MORALITY 25 The Myth of Gyges and The Crito (Plato) 26 God, Morality, and Religion (Kristin Seemuth Whaley) 27 The Categorical Imperative (Immanuel Kant) 28 The Virtues (Aristotle) 29 Beyond Good and Evil (Friedrich Nietzsche) 30 Other Moral Theories: Subjectivism, Relativism, Emotivism, Intuitionism, etc. (Jan F. Jacko). (shrink)

This is an encyclopedia entry on consequentializing. It explains what consequentializing is, what makes it possible, why someone might be motivated to consequentialize, and how to consequentialize a non-consequentialist theory.

Andreas Schmidt and Neil Levy have recently defended nudging against the objection that nudges fail to treat nudgees as rational agents. Schmidt rejects two theses that have been taken to support the objection: that nudges harness irrational processes in the nudgee, and that they subvert the nudgee’s rationality. Levy rejects a third thesis that may support the objection: that nudges fail to give reasons. I argue that these defences can be extrapolated from nudges to some nonconsensual neurointerventions; if Schmidt’s and (...) Levy’s defences succeed, then some nonconsensual neurointerventions neither harness irrationality, nor subvert rationality, nor fail to give reasons. This, I claim, poses a challenge both to opponents of nonconsensual neurointerventions, and to defenders of nudging. (shrink)

There is, on a given moral view, an agent-centered restriction against performing acts of a certain type if that view prohibits agents from performing an instance of that act-type even to prevent two or more others from each performing a morally comparable instance of that act-type. The fact that commonsense morality includes many such agent-centered restrictions has been seen by several philosophers as a decisive objection against consequentialism. Despite this, I argue that agent-centered restrictions are more plausibly accommodated within a (...) consequentialist framework than within the more standard side-constraint framework. For I argue that when we combine agent-relative consequentialism with a Kantian theory of value, we arrive at a version of consequentialism, which I call 'Kantsequentialism', that has several advantages over the standard side-constraint approach to accommodating constraints. What’s more, I argue that Kantsequentialism doesn’t have any of the disadvantages that critics of consequentializing have presumed that such a theory must have. (shrink)

Felix reaches up to catch a high line drive to left field and fires the ball off to Benji at home plate, who then tags the runner trying to score. For Felix to catch the ball and transfer it from his glove to his throwing hand, he needs to have a sense of where his hands are relative to one another and the rest of his body. This sort of information is subconsciously tracked in the body schema (or postural schema), (...) a representation of the current bodily posture that is updated on the basis of proprioceptive inputs. While the existence of the body schema in not in dispute, its origin is. After reviewing the competing proposals, I introduce the conceptual tools needed to move the debate forward and apply them to the question of the extent to which the body schema could be learned from perceptual input in utero. I argue that it could give rise to something recognizable as the body schema, though not quite rising to the level of the mature body schema. After considering the implications for further research on the origins of the body schema, I show how these results apply to other body representations, helping clarify the vexing question of the number, nature, and interactions among body representations in the brain. This theoretical work also promises to advance our understanding and treatment protocols for disorders affecting such body representations (e.g., anorexia nervosa). (shrink)

In this paper I argue that composer John Cage’s so-called ‘silent piece’, 4’33”, is music. I first defend it against the charge that it does not involve the organization of sound, which has been taken to be a necessary feature of music. I then argue that 4’33” satisfies the only other condition that must be met for it to be music: it bears the right socio-historical connections to its predecessors within its tradition (Western art music). I argue further that one (...) cannot understand the organized sound condition and the socio-historical condition separately and that understanding their interaction has theoretical benefits—not least of which is providing a groundwork for a more culturally inclusive philosophy of music. Finally, I consider a number of outstanding questions concerning the content of the organized sound condition for Western art music in the wake of 4’33”. (shrink)

Blame is multifarious. It can be passionate or dispassionate. It can be expressed or kept private. We blame both the living and the dead. And we blame ourselves as well as others. What’s more, we blame ourselves, not only for our moral failings, but also for our non-moral failings: for our aesthetic bad taste, gustatory self-indulgence, or poor athletic performance. And we blame ourselves both for things over which we exerted agential control (e.g., our voluntary acts) and for things over (...) which we lacked such control (e.g., our desires, beliefs, and intentions). I argue that, despite this manifest diversity in our blaming practices, it’s possible to provide comprehensive account of blame. Indeed, I propose a set of necessary and sufficient conditions that aims to specify blame’s extension in terms of its constitution as opposed to its function. And I argue that this proposal has a number of advantages beyond accounting for blame in all its disparate forms. For one, it can account for the fact that one’s having had control over whether one was to φ is a necessary condition for one’s being fittingly blamed for having φ-ed. For another, it can account for why, unlike fitting shame, fitting blame is always deserved, which in turn explains why there is something morally problematic about ridding oneself of one’s fitting self-blame (e.g., one’s fitting guilt). (shrink)

I argue that, according to Plato, the body is the sole cause of psychic disorders. This view is expressed at Timaeus 86b in an ambiguous sentence that has been widely misunderstood by translators and commentators. The goal of this article is to offer a new understanding of Plato’s text and view. In the first section, I argue that although the body is the result of the gods’ best efforts, their sub-optimal materials meant that the soul is constantly vulnerable to the (...) body’s influences. In the second section, I argue that every psychic disorder is a disruption of the motions of the inner psychic circles by the body; moreover, I defend my translation of 86b. In the final section, I argue that the goal of education is to restore the circles to their original orbits, and I disarm a possible objection that bad education is also a cause of psychic disorder. (shrink)

This article concerns the place of Plato’s eschatology in his philosophy. I argue that the theory of reincarnation appeals to Plato due to its power to explain how non-human animals came to be. Further, the outlines of this theory are entailed by other commitments, such as that embodiment disrupts psychic functioning, that virtue is always rewarded and vice punished, and that the soul is immortal. I conclude by arguing that Plato develops a view of reincarnation as the chief tool that (...) the gods have to ensure that virtue is victorious over vice throughout the whole cosmos. (shrink)

This paper explains the importance of classifying argumentation schemes, and outlines how schemes are being used in current research in artificial intelligence and computational linguistics on argument mining. It provides a survey of the literature on scheme classification. What are so far generally taken to represent a set of the most widely useful defeasible argumentation schemes are surveyed and explained systematically, including some that are difficult to classify. A new classification system covering these centrally important schemes is built.

Studies of visual event individuation often consider people's representations of activities involving agents performing complex tasks. Concomitantly, theories of event individuation emphasize predictions about agents' intentions. Studies that have examined simple, non-agential occurrences leave open the possiblity that principles of visual object individuation play a role in visual event individuation. Unearthing principles that may be sufficient for event individuation which are distinct both from predictions about agents' intentions and from visual object individuation, we draw on and extend studies that reveal (...) object and event representation to be deeply analogous in our cognitive economy. We provide evidence that ‘temporal shaping' is a sufficient low-level perceptual criterion for the visual individuation of events. In our study, temporal shaping is effected by the introduction of pauses into an otherwise continuous process. Future studies should address other visual mechanisms for introducing temporal shaping (e.g., color changes). (shrink)

I argue that Plato believes that the soul must be both the principle of motion and the subject of cognition because it moves things specifically by means of its thoughts. I begin by arguing that the soul moves things by means of such acts as examination and deliberation, and that this view is developed in response to Anaxagoras. I then argue that every kind of soul enjoys a kind of cognition, with even plant souls having a form of Aristotelian discrimination (...) (krisis), and that there is therefore no completely unintelligent, evil soul in the cosmos that can explain disorderly motions; as a result, the soul is not the principle of all motion but only motion in the cosmos after it has been ordered by the Demiurge. (shrink)

This paper concerns Plato’s characterization of the body as the soul’s tool. I take perception as an example of the body’s usefulness. I explore the Timaeus’ view that perception provides us with models of orderliness. Then, I argue that perception of confusing sensible objects is necessary for our cognitive development too. Lastly, I consider the instrumentality relationship more generally and its place in Plato’s teleological worldview.

Katz denies that organisms created in a lab as part of a de-extinction attempt will be authentic members of the extinct species, on the basis that they will lack the original species’ defining biological and evolutionary history. Against Katz, I note that an evolutionary lineage is conferred on an organism through its inheriting genes from forebears already possessed of such a lineage, and that de-extinction amounts to a delayed, human-assisted reproductive process, in which genes are inherited from forebears long dead. (...) My conclusion is that de-extinct organisms can perfectly well have an ancient evolutionary history, contrary to what Katz claims. (shrink)

This article is featured in a special issue dedicated to theme, "the human being in the digital era: awareness, critical thinking and political space in the age of the internet and artificial intelligence." In this article, I consider the way that social-media companies nudge us to spend more time on their platforms, and I argue that, in principle, these nudges are morally permissible: they are not manipulative and do not violate any obvious moral rules. The moral problem, I argue, is (...) not with nudging in principle but is instead with the fact that users are being nudged towards something bad for them. In practice, this often involves being nudged to spend an unhealthy amount of time using a social-media app or being nudged towards content that is bad for us, such as by promoting eating-disorder content to young girls. Since nudging is morally permissible, it is open to these companies to use the same technologies to nudge us towards the good. (shrink)

Maximalism is the view that an agent is permitted to perform a certain type of action if and only if she is permitted to perform some instance of this type, where φ-ing is an instance of ψ-ing if and only if φ-ing entails ψ-ing but not vice versa. Now, the aim of this paper is not to defend maximalism, but to defend a certain account of our options that when combined with maximalism results in a theory that accommodates the idea (...) that a moral theory ought to be morally harmonious—that is, ought to be such that the agents who satisfy the theory, whoever and however numerous they may be, are guaranteed to produce the morally best world that they have the option of producing. I argue that, for something to count as an option for an agent, it must, in the relevant sense, be under her control. And I argue that the relevant sort of control is the sort that we exercise over our reasons-responsive attitudes by being both receptive and reactive to reasons. I call this sort of control rational control, and I call the view that φ-ing is an option for a subject if and only if she has rational control over whether she φs rationalism. When we combine this view with maximalism, we get rationalist maximalism, which I argue is a promising moral theory. (shrink)

In this paper, I take it for granted both that there are two types of blameworthiness—accountability blameworthiness and attributability blameworthiness—and that avoidability is necessary only for the former. My task, then, is to explain why avoidability is necessary for accountability blameworthiness but not for attributability blameworthiness. I argue that what explains this is both the fact that these two types of blameworthiness make different sorts of reactive attitudes fitting and that only one of these two types of attitudes requires having (...) been able to refrain from φ-ing in order for them to be fitting. (shrink)

In this article, I argue that online echo chambers are in some cases and in some respects good. I do not attempt to refute arguments that they are harmful, but I argue that they are sometimes beneficial. In the first section, I argue that it is sometimes good to be insulated from views with which one disagrees. In the second section, I argue that the software-design principles that give rise to online echo chambers have a lot to recommend them. Further, (...) the opposing principle, serendipity, could give rise to serious harm, in light of the conclusion of the first section that sometimes we are better off being insulated from some content online. In the third section, I argue that polarization can be a useful tool for inculcating the appropriate attitudes in a person. (shrink)

In our article, Where the ethical action is, we argue that medical and ethical modes of thought are not different in kind but merely different aspects of a clinical situation. In response, Emmerich argues that in so doing, we neglect several important features of healthcare and medical education. Although we applaud the spirit of Emmerich’s response, we argue that his critique is an attempt at a general defence of the value of bioethical expertise in clinical practice, rather than a specific (...) critique of our account. (shrink)

Journal of Applied Philosophy, EarlyView.

Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons (...) into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople. (shrink)

After raising some minor philosophical points about Kevin Elliott’s A Tapestry of Values (2017), I argue that we should expand on the themes raised in the book and that philosophers of science need to pay as much attention to the loom of science (i.e., the institutional structures which guide the pursuit of science) as the tapestry of science. The loom of science includes such institutional aspects as patents, funding sources, and evaluation regimes that shape how science gets pursued, and that (...) attending to these aspects will enable us to provide more robust guidance on the values that infuse the tapestry of science. (shrink)

On what I take to be the standard account of supererogation, an act is supererogatory if and only if it is morally optional and there is more moral reason to perform it than to perform some permissible alternative. And, on this account, an agent has more moral reason to perform one act than to perform another if and only if she morally ought to prefer how things would be if she were to perform the one to how things would be (...) if she were to perform the other. I argue that this account has two serious problems. The first, which I call the latitude problem, is that it has counterintuitive implications in cases where the duty to be exceeded is one that allows for significant latitude in how to comply with it. The second, which I call the transitivity problem, is that it runs afoul of the plausible idea that the one-reason-morally-justifies-acting-against-another relation is transitive. What’s more, I argue that both problems can be overcome by an alternative account, which I call the maximalist account. (shrink)

This paper explains the importance of classifying argumentation schemes, and outlines how schemes are being used in current research in artificial intelligence and computational linguistics on argument mining. It provides a survey of the literature on scheme classification. What are so far generally taken to represent a set of the most widely useful defeasible argumentation schemes are surveyed and explained systematically, including some that are difficult to classify. A new classification system covering these centrally important schemes is built.

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. (shrink)

Some right acts have what philosophers call moral worth. A right act has moral worth if and only if its agent deserves credit for having acted rightly in this instance. And I argue that an agent deserves credit for having acted rightly if and only if her act issues from an appropriate set of concerns, where the appropriateness of these concerns is a function what her ultimate moral concerns should be. Two important upshots of the resulting account of moral worth (...) are that (1) an act can have moral worth even if it doesn’t manifest a concern for doing what’s right and that (2) an act can lack moral worth even if it is performed for the right reasons. (shrink)

In 2016, this Journal published an article by Rob Lawlor1 on what we might call the acceptance-refusal asymmetry in competence requirements. This is the view that there can be cases in which a patient is sufficiently competent to accept a treatment, but not sufficiently competent to refuse it. Though the main purpose of Lawlor’s paper was to distinguish this asymmetry from various other asymmetries with which it has sometimes been confused,1 Lawlor also presented a brief case in favour of it. (...) Developing an earlier argument of Ian Wilks’,2 3 Lawlor argued that, when the risks associated with refusing a treatment are graver than those associated with accepting it, a higher level of competence may be required to refuse a treatment than to accept it. This claim could have important implications for the law, since determinations of competence often play a central role in determining the lawfulness of refusing or imposing a treatment. Indeed, the acceptance-refusal asymmetry in competence requirements, or something close to it, has played an important role in court judgments.2 However, Lawlor himself suggests that his conclusion will have practical implications only in a narrow range of cases.3 In this issue, Pickering, Giles Newton-Howes and Simon Walker respond to Lawlor’s piece.4 They deny that competence requirements should depend on the level of risk associated with a decision, and thus that there is any basis for the acceptance-refusal asymmetry in competence requirements. Part of the authors’ argument involves contesting the way in which Lawlor uses cases to support his view. In one case cited by Lawlor—and drawn from Wilks—we are invited to consider a whether …. (shrink)

Would compulsory treatment or vaccination for Covid-19 be justified? In England, there would be significant legal barriers to it. However, we offer a conditional ethical argument in favour of allowing compulsory treatment and vaccination, drawing on an ethical comparison with external constraints—such as quarantine, isolation and ‘lockdown’—that have already been authorised to control the pandemic. We argue that, if the permissive English approach to external constraints for Covid-19 has been justified, then there is a case for a similarly permissive approach (...) to compulsory medical interventions. (shrink)

Crime-preventing neurointerventions (CPNs) are increasingly being used or advocated for crime prevention. There is increasing use of testosterone-lowering agents to prevent recidivism in sexual offenders, and strong political and scientific interest in developing pharmaceutical treatments for psychopathy and anti-social behaviour. Recent developments suggest that we may ultimately have at our disposal a range of drugs capable of suppressing violent aggression, and it is not difficult to imagine possible applications of such drugs in crime prevention. But should neurointerventions be used in (...) crime prevention, and may the state ever permissibly impose CPNs as part of the criminal justice process? It is widely thought that preventing recidivism is one of the aims of criminal justice, yet existing means of pursuing this aim are often poorly effective, restrictive of basic freedoms, and harmful. Incarceration, for example, tends to be disruptive of personal relationships and careers, detrimental to physical and mental health, highly restrictive of freedom of movement and association, and rarely more than modestly effective at preventing recidivism. Neurointerventions hold the promise of preventing recidivism in ways that are more effective and more humane, but the use of CPNs in criminal justice raises several ethical concerns. CPNs could be highly intrusive and may threaten fundamental human values, such as bodily integrity and freedom of thought, and humanity has a track record of misguided, harmful, and unwarrantedly coercive use of neurotechnological ‘solutions’ to criminality. This collection brings together original contributions from emerging scholars and internationally renowned moral and political philosophers to address these issues. (shrink)

It seems that we can be directly accountable for our reasons-responsive attitudes—e.g., our beliefs, desires, and intentions. Yet, we rarely, if ever, have volitional control over such attitudes, volitional control being the sort of control that we exert over our intentional actions. This presents a trilemma: (Horn 1) deny that we can be directly accountable for our reasons-responsive attitudes, (Horn 2) deny that φ’s being under our control is necessary for our being directly accountable for φ-ing, or (Horn 3) deny (...) that the relevant sort of control is volitional control. This paper argues that we should take Horn 3. (shrink)

Governments are increasingly using randomized controlled trials (RCTs) to evaluate policy interventions. RCTs are often understood to provide the highest quality evidence regarding the causal efficacy of an intervention. While randomization plays an essential epistemic role in the context of policy RCTs however, it also plays an important distributive role. By randomly assigning participants to either the intervention or control arm of an RCT, people are subject to different policies and so, often, to different types and levels of benefits. In (...) this paper, I identify one necessary condition as well as a set of sufficient conditions for the permissible use of random assignment by government agencies. I argue first that random assignment is permissible only if it is consistent with governments’ duty to realize morally important outcomes. I argue second that random assignment is permissible in cases where investigators are in a state of genuine equipoise regarding all arms of the experiment and the policy to which people have a claim of justice. Finally, I defend a set of conditions under which random assignment is permissible in cases where one or more arms of a policy RCT are reasonably expected to be either superior or inferior to this policy. (shrink)

With an eye on the future of global ethics, I argue that social-media technologies are not morally neutral tools but are, for all intents and purposes, a kind of agent. They nudge us to do things that are bad for us. Moreover, I argue that we have a duty to quit using social-media platforms, not just on account of possible duties to preserve our own well-being but because users are akin to test subjects on whom developers are testing new nudges, (...) and we ought to deprive them of their test subjects. (shrink)

In this article, I approach some phenomena seen predominantly on social-media sites that are grouped together as cancel culture with guidance from two major themes in Plato’s thought. In the first section, I argue that shame can play a constructive and valuable role in a person’s improvement, just as we see Socrates throughout Plato’s dialogues use shame to help his interlocutors improve. This insight can help us understand the value of shaming people online for, among other things, their morally reprehensible (...) views. In the second section, I argue that it is required for the proper functioning of democratic institutions that some views be excluded from the public sphere, which follows some Platonic ideas from the Laws. In neither case do I argue that this approach is good in an unqualified sense or even ultima facie good. However, I maintain that these important insights from Plato’s dialogues illuminate crucial aspects of how we should think about cancel culture. (shrink)

As Socrates famously noted, there is no more important question than how we ought to live. The answer to this question depends on how the reasons that we have for living in various different ways combine and compete. To illustrate, suppose that I've just received a substantial raise. What should I do with the extra money? I have most moral reason to donate it to effective charities but most self-interested reason to spend it on luxuries for myself. So, whether I (...) should live my life as I have most moral reason to live it or as I have most self-interested reason to live it depends on how these and other sorts of reasons combine and compete to determine what I have most reason to do, all things considered. This Element seeks to figure out how different sorts of reasons combine and compete to determine how we ought to live. (shrink)

In this article, I make the case for the continued relevance of Plato’s Timaeus. I begin by sketching Allan Bloom’s picture of the natural sciences today in The Closing of the American Mind, according to which the natural sciences are, objectionably, increasingly specialized and have ejected humans qua humans from their purview. I argue that Plato’s Timaeus, despite the falsity of virtually all of its scientific claims, provides a model for how we can pursue scientific questions in a comprehensive way (...) that stresses their connections to other disciplines, including the humanities, and that puts humanity qua humanity back in the picture. I then argue that being led by Plato’s philosophy to return humanity conceptually to the natural world can improve our thinking regarding climate change and other important environmental crises. (shrink)

Australia, Canada, and New Zealand currently apply health requirements to prospective immigrants, denying residency to those with health conditions that are likely to impose an “excessive demand” on their publicly funded health and social service programs. In this paper, I investigate the charge that such policies are wrongfully discriminatory against persons with disabilities. I first provide a freedom-based account of the wrongness of discrimination according to which discrimination is wrong when and because it involves disadvantaging people in the exercise of (...) their freedom on the basis of morally arbitrary features of their identity. Discrimination is permissible, I suggest, when it is necessary to advance a valuable exercise of the discriminating agent’s freedom. I then apply this account to the case of social cost health requirements. Against critics of these requirements, I argue that it is sometimes permissible for states to discriminate against prospective immigrants with disabilities. States may do so, I suggest, when such discriminatory treatment is necessary to prevent an increase in rates of mortality and/or morbidity amongst citizens. Alongside critics of social cost health requirements however, I argue that existing policies are likely a form of wrongful discrimination insofar as they are too broad to satisfy this standard. (shrink)

I argue that Plato thinks that the soul has location, surface, depth, and extension, and that the Timaeus’ composition of the soul out of eight circles is intended literally. A novel contribution is the development of an account of corporeality that denies the entailment that the soul is corporeal. I conclude by examining Aristotle’s objection to the Timaeus’ psychology and then the intellectual history of this reading of Plato.

In this article, I ask whether a principle analogous to the principle of clinical equipoise should govern the design and conduct of RCTs evaluating the effectiveness of policy interventions. I answer this question affirmatively, and introduce and defend the principle of policy equipoise. According to this principle, all arms of a policy RCT must be, at minimum, in a state of equipoise with the best proven policy that is also morally and practically attainable and sustainable. For all arms of a (...) policy RCT, policy experts must either reasonably disagree about whether the trial arms are more effective than this policy, or know that they are. (shrink)