This paper works out the scheme of “institutional competences” that underlies the famous Hart and Sacks Legal Process Materials first distributed in final mimeographed form in1958. The Materials were not published during the life times of their authors but were nonetheless a major influence on American legal thought from their first distribution as course materials at Harvard Law School until their abrupt fall from prominence in the early 1970s. The Materials offer the scheme as a solution to the apparent anomaly (...) in a democracy of the law making power in both public and private law of unelected judges serving long terms. The paper critiques the Hart and Sacks solution, called law making through “reasoned elaboration,” which they claimed was sharply distinct from legislative law making or administrative fiat. The paper argues that in both public and private law the materials the judge is to elaborate are characterized by contradictory internal logics. The judge has to choose between them without a meta-criterion. In cases with high stakes, extra-juristic normative orientations, whether moral theories or political ideologies, will come into play, regardless of the judge’s commitment to excluding them. The second part of the paper places Hart and Sacks in a larger historical and comparative context of efforts to solve the problem of social order by way of legal rationality. These two parts were preceded in the original paper by a long discussion, now lost but never very satisfying to me, of the Hart and Sacks theory of “private ordering” in relation to state regulatory power. I wrote the paper for extra credit in the spring of 1970 as a third year student at the Yale Law School. I’ve corrected a few typos but haven’t changed it in any other way. I never published it but it was circulated to a limited extent among Legal Process devotees. Eskridge and Frickey, editors of the Materials as published finally in 1994, credit it, along with another unpublished student paper by Roberto Unger, with hastening the demise of the Materials as a master text. The first part of this version of the paper was recently published in Droit et Philosophie, no. 13, p. 97-117 (2021). (shrink)

Pensar es trabajar en transformar el pensamiento, escribía Meschonnic. La crítica es, ante todo, eso: reflexionar precisamente sobre lo que nuestros saberes nos impiden saber. Un gesto que transforma a partir de la interrogación misma. En diálogo con el Profesor Duncan Kennedy, el presente trabajo pretende repensar la relación entre enseñanza, crítica y acción en el campo jurídico, insistiendo en la necesidad de reinscribir la crítica no como develamiento de una “verdad esencial” oculta sino como una praxis que (...) transforme a partir de los propios límites que el orden simbólico instituye. Asimismo el artículo aborda la pregunta por la interpretación judicial sugiriendo la necesidad de desplazar el significante “trabajo jurídico” hacia la órbita de la “acción” en sentido arendtiano. El trabajo o la fabricación a diferencia de la acción se produce en aislamiento. La acción, en cambio, necesita de otros. Es por ello que se ofrece como cambio y sobre todo: ausencia de cálculo. (shrink)

As I walk into a restaurant to meet up with a friend, I look around and see all sorts of things in my immediate environment—tables, chairs, people, colors, shapes, etc. As a result, I know of these things. But what is the nature of this knowledge? Nowadays, the standard practice among philosophers is to treat all knowledge, aside maybe from “know-how”, as propositional. But in this paper I will argue that this is a mistake. I’ll argue that some knowledge is (...) constituted, not by beliefs toward propositions, but by awareness of properties and objects. Seeing isn’t believing, but it is knowing. After further characterizing this type of knowledge, I will make the case for it. Then I will consider a variety of objections. Finally, I will indicate how our recognition of this knowledge may answer other questions, and solve other problems, in philosophy. (shrink)

A powerful argument against the counterfactual comparative account of harm is that it cannot distinguish harming from failing to benefit. In reply to this problem, I suggest a new account of harm. The account is a counterfactual comparative one, but it counts as harms only those events that make a person occupy his level of well-being at the world at which the event occurs. This account distinguishes harming from failing to benefit in a way that accommodates our intuitions about the (...) standard problem cases. In laying the groundwork for this account, I also demonstrate that rival accounts of harm are able to distinguish harming from failing to benefit only if, and because, they also appeal to the distinction between making upshots happen and allowing upshots to happen. One important implication of my discussion is that preserving the moral asymmetry between harming and failing to benefit requires a commitment to the existence of a metaphysical and moral distinction between making and allowing. (shrink)

To be acquainted with something (in the philosophical sense of “acquainted” discussed here) is to be directly aware of it. The idea that we are acquainted with certain things we experience has been discussed throughout the history of Western Philosophy, but in the early 20th century it gained especially focused attention among analytic philosophers who drew their inspiration from Bertrand Russell's work on acquaintance. Since then, many philosophers—particularly those working on self‐knowledge or perception—have used the notion of acquaintance to explain (...) various facts about human experience and knowledge. In this paper, I offer an overview of this work, with particular focus on the resurgent literature on acquaintance in contemporary analytic philosophy. After more fully explaining what acquaintance is (or is supposed to be), I describe some reasons for thinking that we are indeed acquainted with certain things we experience, and then I survey some of the facts about experience and knowledge that acquaintance may help explain. (shrink)

It is argued that standard accounts of the epistemology of religious commitmentfail to be properly sensitive to certain important features of the nature of religious conviction. Once one takes these features of religious conviction seriously, then it becomes clear that we are not to conceive of the epistemology of religious conviction along completely rational lines.But the moral to extract from this is not fideism, or even a more moderate proposal that casts the epistemic standing of basic religious beliefs along nonrational (...) lines. Rather, one needs to recognise that in an important sense religious convictions are not beliefs at all, but that this is compatible with the idea that many other religious commitments are beliefs. This picture of the nature of religious commitment is shown to fit snugly with the Wittgensteinian account of hinge commitments, such that all rational belief essentially presupposes certain basic arational hinge commitments, along lines originally suggested by John Henry Newman. We are thus able to marshal a parity-style argument in defence of religious commitment. Although religious belief presupposes basic arational religious convictions, it is not on this score epistemically amiss since all belief presupposes basic arational convictions, or hinge commitments. The resulting view of the epistemology of religious commitment is a position I call quasi-fideism. (shrink)

Subjectivity is that feature of consciousness whereby there is something it is like for a subject to undergo an experience. One persistent challenge in the study of consciousness is to explain how subjectivity relates to, or arises from, purely physical brain processes. But, in order to address this challenge, it seems we must have a clear explanation of what subjectivity is in the first place. This has proven challenging in its own right. For the nature of subjectivity itself seems to (...) resist straightforward characterization. In this paper, I won't address how subjectivity relates to the physical. Instead, I'll address subjectivity itself. I'll do this by introducing and defending a model of subjectivity based on self-acquaintance. My model does not purport to reduce, eliminate, or naturalize subjectivity, but it does make subjectivity more tractable, less paradoxical, and perhaps less dubious to those averse to obscurity. (shrink)

In virtue of what do things persist through time? Are there criteria of their identities through time? Anti-criterialists say no. One prominent challenge to anti-criterialism comes in two steps. The first step is to show that anti-criterialists are committed specifically to the claim that there are no informative metaphysically sufficient conditions for identity through time. The second step is to show that this commitment yields absurd results. Each step of this challenge is open to objection. However, in what follows, I (...) will refortify this challenge to anti-criterialism by offering new reasons to take each step. (shrink)

This paper defends Flatland—the view that there exist neither determination nor dependence relations, and that everything is therefore fundamental—from the objection from explanatory inefficacy. According to that objection, Flatland is unattractive because it is unable to explain either the appearance as of there being determination relations, or the appearance as of there being dependence relations. We show how the Flatlander can meet the first challenge by offering four strategies—reducing, eliminating, untangling and omnizing—which, jointly, explain the appearance as of there being (...) determination relations where no such relations obtain. Since, plausibly, dependence relations just are asymmetric determination relations, we argue that once we come mistakenly to believe that there exist determination relations, the existence of other asymmetries (conceptual and temporal) explains why it appears that there are dependence relations. (shrink)

“We are animals.” That’s what animalists say—that’s their slogan. But what animalists mean by their slogan varies. Many animalists are adamant that what they mean—and, indeed, what the true animalist thesis is—is that we are identical to animals (human animals, to be precise). But others say that’s not enough. They say that the animalist thesis has to be something more—perhaps that we are essentially or most fundamentally human animals. This paper argues that, depending on how we understand it, animalism is (...) either false or uninteresting. If animalism is just the claim that we are identical to animals, then it is uninteresting. For it doesn’t provide an answer to the question it’s meant to address. On the other hand, if animalism entails a stronger claim, such as that we are essentially animals, then animalism is false. Either way, we should set animalism aside. (shrink)

Suicide is a complex act whose meanings, while sometimes tragic, vary widely. This chapter surveys the ethical landscape surrounding algorithmic methods of suicide prevention especially as it pertains to social media activity and to the moderation of online suicide communities. We begin with a typology of suicide, distinguishing between varied goals in which suicide may factor as a means. Suicides should be understood as an act with varied eliciting desires, meanings, consequences, and ethics. Further,while many suicides may be grounded on (...) irrational desire, we argue that a desire to suicide may nonetheless be rational in some cases. We then offer a survey of the attempts by social media corporations to create suicide prediction algorithms and launch interventions aimed at preventing suicide as well as an overview of the current ethical debate. We argue that the values embedded within algorithmic suicide prevention nudges are “thick” in a substantive sense and deserving of scrutiny. Given that debates about the rationality, meaning, and permissibility of suicide are common and subject to intracultural and cross-cultural differences, we maintain that the task of suicide prediction is ill-suited to algorithmic approaches. Despite an algorithm’s ability to quantify a complex phenomenon like suicide risk and its appearance of objectivity, any suicide prediction algorithm is thoroughly subjective and involves moral judgments all the way down. Any such algorithm would necessarily impose a normative stance on suicide onto its user base that is subject to reasonable intra and cross-cultural disagreement. (shrink)

It seems like experience plays a positive—even essential—role in generating some knowledge. The problem is, it’s not clear what that role is. To see this, suppose that when your visual system takes in information about the world around you it skips the experience step and just automatically and immediately generates beliefs in you about your surroundings. A lot of philosophers think that, in such a case, you would (or at least could) still know, via perception, about the world around you. (...) But then that raises the question: What epistemic role was the experience playing? How did it contribute to your knowledge of your surroundings? Philosophers have given many different answers to these questions. But, for various reasons, none of them has really stuck. In this paper I offer and defend a different answer to these questions—a solution to the problem—which avoids the pitfalls of other answers. I argue that experience is, all by itself, a kind of knowledge—it’s what Bertrand Russell (1912) calls “knowledge of things”. So I argue that experience helps generate knowledge simply by being knowledge. (shrink)

When we experience the world – see, hear, feel, taste, or smell things – we gain all sorts of knowledge about the things around us. And this knowledge figures heavily in our reasoning about the world – about what to think and do in response to it. But what is the nature of this knowledge? On one commonly held view, all knowledge is constituted by beliefs in propositions. But in this paper I argue against this view. I argue that some (...) knowledge is constituted, not by beliefs in propositions, but by awareness of properties and objects. To make my case, I focus on the role of visual perception in reasoning. I start by introducing a principle about the relationship between knowledge and reasoning, which says that to learn something new by reasoning, one must know the bases of one’s reasoning. Then I argue that in some cases of genuine, knowledge-conferring reasoning, the bases of our reasoning are not propositions that we believe; rather, they’re properties or objects that we see. Thus, I conclude that some such knowledge is non-propositional and is rather what some call “knowledge of things”. (shrink)

While artificial womb technology is currently being studied for the purpose of improving neonatal care, I contend that this technology ought to be pursued as a means to address the unprecedented rate of unintended pregnancies. But ectogenesis, alongside other emerging reproductive technologies, is problematic insofar as it threatens to disrupt the natural link between procreation and parenthood that is normally thought to generate rights and responsibilities for biological parents. I argue that there remains only one potentially viable account of parenthood: (...) the voluntarist account, which construes parental rights as robust moral obligations that must be voluntarily undertaken. The problem is that this account mistakenly presumes a patriarchal divide between procreation and parenthood. I propose a reframing of procreation and parenthood from a feminist perspective that recognises gestational motherhood as involving robust moral obligations that ought to be voluntarily undertaken. If this were the case, all gestational mothers would be, by definition, willing mothers. To make this happen I argue that ectogenesis technology must be a widely available reproductive option. (shrink)

A common criticism of the use of algorithms in criminal justice is that algorithms and their determinations are in some sense ‘opaque’—that is, difficult or impossible to understand, whether because of their complexity or because of intellectual property protections. Scholars have noted some key problems with opacity, including that opacity can mask unfair treatment and threaten public accountability. In this paper, we explore a different but related concern with algorithmic opacity, which centers on the role of public trust in grounding (...) the legitimacy of criminal justice institutions. We argue that algorithmic opacity threatens the trustworthiness of criminal justice institutions, which in turn threatens their legitimacy. We first offer an account of institutional trustworthiness before showing how opacity threatens to undermine an institution’s trustworthiness. We then explore how threats to trustworthiness affect institutional legitimacy. Finally, we offer some policy recommendations to mitigate the threat to trustworthiness posed by the opacity problem. (shrink)

Recent studies have shown that recidivism scoring algorithms like COMPAS have significant racial bias: Black defendants are roughly twice as likely as white defendants to be mistakenly classified as medium- or high-risk. This has led some to call for abolishing COMPAS. But many others have argued that algorithms should instead be given access to a defendant's race, which, perhaps counterintuitively, is likely to improve outcomes. This approach can involve either establishing race-sensitive risk thresholds, or distinct racial ‘tracks’. Is there a (...) moral difference between these two approaches? We first consider Deborah Hellman's view that the use of distinct racial tracks (but not distinct thresholds) does not constitute disparate treatment since the effects on individuals are indirect and does not rely on a racial generalization. We argue that this is mistaken: the use of different racial tracks seems both to have direct effects on and to rely on a racial generalization. We then offer an alternative understanding of the distinction between these two approaches—namely, that the use of different cut points is to the counterfactual comparative disadvantage, ex ante, of all white defendants, while the use of different racial tracks can in principle be to the advantage of all groups, though some defendants in both groups will fare worse. Does this mean that the use of cut points is impermissible? Ultimately, we argue, while there are reasons to be skeptical of the use of distinct cut points, it is an open question whether these reasons suffice to make a difference to their moral permissibility. (shrink)

I can be aware of myself, and thereby come to know things about myself, in a variety of different ways. But is there some special way in which I—and only I—can learn about myself? Can I become aware of myself by introspecting? Do I somehow show up in my own conscious experiences? David Hume and most contemporary philosophers say no. They deny that the self shows up in experience. However, in this paper I appeal to research on schizophrenia—on thought insertion, (...) in particular—to argue that Hume and his follows are wrong: The self does, in fact, show up in experience. (shrink)

When it comes to personal identity, two approaches have long ruled the roost. The first is the psychological approach, which has it that our persistence through time consists in the continuance of certain of our psychological traits, such as our memories, beliefs, desires, or personality. The second is the biological approach, according to which personal persistence consists in continuity in our physical or biological makeup. Amid the bipartite reign of these approaches, a third contender has emerged: the phenomenal approach. On (...) this approach, personal persistence consists in continuity in phenomenal consciousness or the capacity for phenomenal consciousness. In this paper I will introduce and defend a new argument for the phenomenal approach. In the process, I will argue against the psychological and biological approaches. I will also address some lingering questions and outline further ways to develop the phenomenal approach. (shrink)

In the _True Intellectual System_, Cudworth attacks types of atheist position—atomic atheism, hylozoic atheism, etc. He generally uses ancient examples to illustrate those types, but also criticizes some of his contemporaries. We can identify direct criticisms of contemporaries by finding quotations, paraphrases, and accounts of their views in the text. My primary question in this paper is, 'how much of the _True Intellectual System_ is directly about or aimed at Spinoza?' My ultimate answer, contrary to some prominent voices in the (...) existing literature, is 'not very much at all'. (shrink)

This is an introduction to my edited book, the Research Handbook on Liberalism (2024). Some chapters tackle broad, meta-level questions about the coherence and justificatory limits and possibilities of liberalism; others tackle conceptual issues; still others, specific institutional, cultural, historical, and political questions. This introductory chapter is intended to provide a general orientation to these discussions, but also highlight some recurring themes and challenges facing liberalism in an era of rampant inequality, illiberalism, rising autocracies, populism, and massive technological change. I (...) provide a taxonomy of five different kinds of liberalism in play in the field, along with three overarching challenges discussed in the book - the apparent insufficiency, complacency, and self-undermining nature of liberalism. Can contemporary liberalism survive? It can, but not without clearly grasping some of the fundamental challenges it faces today. (shrink)

Draft for the Oxford Handbook of Margaret Cavendish (edited by Julie Crawford with Jacqueline Broad). -/- This chapter looks at Margaret Cavendish's treatment of the supernatural, beginning by asking how she distinguishes the natural from the supernatural, and then by examining her treatment of a series of alleged supernatural beings: fairies, ghosts, witches, the human supernatural soul, angels, and God. Throughout, it argues that Cavendish's approach to the supernatural is often similar to Thomas Hobbes's.

The classical theory of probability has long been abandoned and is seen by most philosophers as a non-contender—a mere precursor to newer and better theories. In this paper I argue that this is a mistake. The main reasons for its rejection—all related to the notorious principle of indifference—are that it is circular, of limited applicability, inconsistent, and dependent upon unjustified empirical assumptions. I argue that none of these claims is true and that the classical theory remains to be refuted.

It is widely thought that grounding is a hyperintensional phenomenon. Unfortunately, the term ‘hyperintensionality’ has been doing double-duty, picking out two distinct phenomena. This paper clears up this conceptual confusion. We call the two resulting notions hyperintensionalityGRND and hyperintensionalityTRAD. While it is clear that grounding is hyperintensionalGRND, the interesting question is whether it is hyperintensionalTRAD. We argue that given well-accepted constraints on the logical form of grounding, to wit, that grounding is irreflexive and asymmetric, grounding is hyperintensionalTRAD only if one (...) endorses a sentential operator view of grounding. We argue that proponents of the sentential operator view will need to distinguish two importantly different kinds of hyperintensionalityTRAD—weak and strong—and we offer them a way to do so. (shrink)

Grey zone attacks tend to paralyze response for two reasons. First, they present us with choice scenarios of inherently dilemmatic structure, e.g., Prisoners’ Dilemmas and games of chicken, complicated by difficult conditions of choice, such as choice under risk or amid vagueness. Second, they exploit our uncertainty about how much we do or should care about the things under attack¬—each attack is small in effect, but their effects accumulate: how should we decide whether to treat a given attack as something (...) meriting a serious response rather than a mere irritation to be ignored? This chapter brings standard decision theoretic tools to bear on the issues, tools such as the maximization of expected utility principle, and the precautionary principle. But it also develops three innovations. It shows that seeing it as possible to make choices not just of actions given our values, but also choices of values themselves, can extricate us from certain kinds of decision paralysis. It shows how we can rationally regard ourselves as having bright decision lines even when nothing in the circumstance of choice has these lines in its structure. And it shows how certain conflict escalation risks from the former two strategies can be managed by both parties seeing that cooperation can yield a sharable surplus of goods, and that cooperation can be rational upon a rationally defensible change in their values so that each comes to derive utility from the success of both parties. This yields cooperative solutions to what amount to Prisoners’ Dilemmas. The Cold War was prosecuted on the logic of strategic rationality and that part of game theory that is deterrence theory. We need a new logic from decision theorists for the games that constitute grey zone conflict. (shrink)

For the tradition, an action is rational if maximizing; for Gauthier, if expressive of a disposition it maximized to adopt; for me, if maximizing on rational preferences, ones whose possession maximizes given one's prior preferences. Decision and Game Theory and their recommendations for choice need revamping to reflect this new standard for the rationality of preferences and choices. It would not be rational when facing a Prisoner's Dilemma to adopt or co-operate from Amartya Sen's "Assurance Game" or "Other Regarding" preferences. (...) But there are preferences which it maximizes to adopt and co-operate from. (shrink)

In this paper, I argue that neuroscience not only is not complemented, but rather is positively undermined, by the substantive commitments of materialist philosophers of mind. Thus, we can have neuroscience or "neurophilosophy" but not both. Since neuroscience is a real science, to the extent that it is in tension with materialistic neurophilosophy, the latter should be abandoned and the former retained.

Autonomous and automatic weapons would be fire and forget: you activate them, and they decide who, when and how to kill; or they kill at a later time a target you’ve selected earlier. Some argue that this sort of killing is always wrong. If killing is to be done, it should be done only under direct human control. (E.g., Mary Ellen O’Connell, Peter Asaro, Christof Heyns.) I argue that there are surprisingly many kinds of situation where this is false and (...) where the use of Automated Weapons Systems would in fact be morally required. These include cases where a) once one has activated a weapon expected then to behave lethally, it would be appropriate to let it continue because this is part of a plan whose goodness one was best positioned to evaluate before activating the weapon; b) one expects better long-term consequences from allowing it to continue; c) allowing it to continue would express a decision you made to be resolute, a decision that could not have advantaged you had it not been true that you would carry through with it; d) the weapon is mechanically not recallable, so that, to not allow it to carry through, you would have had to refrain from activating it in the first place, something you expected would have disastrous consequences; e) you must deputize necessary killings to autonomous machines in order to protect yourself from guilt you shouldn’t have to bear; f) it would be morally better for the burden of responsibility for the killing to be shared among several agents, and the agents deputizing killing to machines can do this, especially where it’s not predictable which machine will be successful; g) a killing would be morally better done with elements of randomness and lack of deliberation, and a (relatively stupid) machine could do this where a person could not; h) the machine would be acting as a Doomsday Device, so that it could not have had its hoped for deterrent effect had you not ensured that you would be unable to recall it if enemy action activated it; i) letting it carry through is a necessary part of its own learning process, and you expect that this learning will have salutary effects later on; j) human intervention in the machine’s operation would disastrously impair its precision, or its speed and efficiency; k) using non-automated methods would require human resources you just don’t have in a task that nevertheless must be done (e.g., using land-mines to protect remote installations); l) the weapon has such horrible and indiscriminate power that it is doubtful whether it could be actually used in ways compatible with International Humanitarian Law and the Laws of War, which require that weapons be used only in ways respecting distinctness, necessity and proportionality, but its threat of use could respect these principles in affording deterrence provided human error cannot lead to their accidental deployment, this requiring that they be controlled by carefully designed autonomous and automatic systems. I then consider objections based on conceptions of human dignity and find that very often dignity too is best served by autonomous machine killing. Examples include saving your village by activating a robot to kill invading enemies who would inflict great indignity on your village, using a suicide robot to save yourself from a less dignified death at enemy hands, using a robotic drone to kill someone otherwise not accessible in order to restore dignity to someone this person killed and to his family, and using a robot to kill someone who needs killing, but the killing of whom by a human executioner would soil the executioner’s dignity. I conclude that what matters in rightful killing isn’t necessarily that it be under the direct control of a human, but that it be under the control of morality; and that could sometimes require use of an autonomous or automated device. (This paper was formerly called "Fire and Forget: A Defense of the Use of Autonomous Weapons in War" on Philpapers; the current title is the title of the published version.). (shrink)

I am aware of the rain outside, but only in virtue of looking at a weather report. I am aware of my friend, but only because I hear her voice through my phone. Thus, there are some things that I’m aware of, but only indirectly. Many philosophers believe that there are also some things of which I am directly aware. The most plausible candidates are experiences such as pains, tickles, visual sensations, etc. In fact, the philosophical consensus seems to be (...) that experiences are the only plausible candidates for acquaintance. But I will argue that we are also acquainted with ourselves. After outlining what it means to be acquainted with oneself, I will introduce, develop, and defend a commonly used test for acquaintance. Then I will apply this test to us and show that we pass. I will consider various objections to my argument. But ultimately I will conclude that we can be, and often are, acquainted with ourselves. (shrink)

What are the properties of composite objects, and how do the properties of composite objects and the properties of their proper parts relate to one another? The answers to these questions depend upon which view of composition one adopts. One view, which I call the orthodox view, is that composite objects are numerically distinct from their proper parts, individually and collectively. Another view, known as composition as identity, is that composite objects are numerically identical to their proper parts, taken together. (...) I argue that the orthodox view entails that the intuitive picture of composite objects and their properties that most accept is false. Not so for composition as identity. I also show that all of the available alternatives face serious difficulties. This puts composition as identity at an advantage over the orthodox view, at least when it comes to accounting for the properties of composite objects. (shrink)

This chapter conceptually analyzes the post-traumatic stress injuries called moral injury, moral fatigue or exhaustion, and broken spirit. It then identifies two puzzles. First, soldiers sometimes sustain moral injury even from doing right actions. Second, they experience moral exhaustion from making decisions even where the morally right choice is so obvious that it shouldn’t be stressful to make it; and even where rightness of decision is so murky that no decision could be morally faulted. The injuries result of mistaken moral (...) self-evaluation. Methods of preventing and treating these injuries are defended, including training in self-forgiveness, moral off-loading of actions and decisions to persons and devices less likely to feel inappropriate guilt, and the use of drugs to prevent such guilt. The foregoing has been about moral injury erroneously resulting from the non-violation of a correct moral code. But the chapter then introduces the concept of moral pseudo-injury—felt moral injury that has in reality resulted from violation of a false moral code, so that no one has really been morally injured. This can be used as a method in warfighting. And since the injuries it produces are illusory, this would be morally superior to physical violence. For it causes less injury to its victims, and should cause less guilt in those who must inflict it. Historical precedents are considered. Finally, our enemies often use moral pseudo-injury against us, in the form of terrorist violence against civilians. Terrorism causes comparatively few harms, yet we mistakenly see it as more morally horrific than conventional combat that causes much worse loss of life among armed forces members. Here we need the nuancing and clarifying power of philosophy to restore a sense of proportion, thence to prevent or therapize the moral pseudo-injury we may experience from these sorts of attacks. (This is a pre-penultimate version of the published version, available from OUP at the external link, which contains minor variances. The paper was earlier known as "PTSD Weaponized: A Theory of Moral Injury"; that now superseded version is archived under "past conferences" on the Center for Ethics and the Rule of Law website.). (shrink)

How may nations protect their interests in space if its fragility makes military operations there self-defeating? This essay claims nations are in Prisoners Dilemmas on the matter, and applies David Gauthier’s theories about how it is rational to behave morally—cooperatively—in such dilemmas. Currently space-faring nations should i) enter into co-operative space sharing arrangements with other rational nations, ii) exclude—militarily, but with only terrestrial force—nations irrational or existentially opposed to other nations being in space, and iii) incentivize all nations into co-operation (...) by redistributing some space-generated wealth to nations that might otherwise ruin space. Further, since all nations are rationally incentivized to ever greater dependence on space, and since each, by threatening space, can hold hostage its benefits to all, each can demand resolution of terrestrial discontents with other nations. So each has a rational interest in treating others morally both in space and on terrestrial issues. (shrink)

In a recent paper Shieva Kleinschmidt has argued that if certain scenarios involving extended simple regions are possible (so-called ‘Place Cases’), then no logic of location with only one primitive locative notion (i.e., no ‘parsimonious logic of location’) will suffice to describe all of the locative possibilities. Since almost all existing logics of location are parsimonious (and apparently for good reason) the argument is a considerable obstacle to the development of a satisfactory logic of location. Kleinschmidt suggests that the best (...) way out of the difficulty is to deny the possibility of Place Cases by denying that extended simple regions are possible. I argue that much the same problem arises even in cases not involving extended simple regions or indeed exotic regions of any kind. Thus, simply denying the possibility of extended simple regions will not save parsimonious logics of location. (shrink)

In his Enquiry concerning the Principles of Morals David Hume said that a group of earlier modern philosophers, beginning with Malebranche, held that morality was founded on relations. In this paper I follow up on that suggestion by investigating pre-Humean views in moral philosophy according to which morality is founded on relations. I do that by looking at the work of Nicolas Malebranche, John Locke, and Samuel Clarke. Each of them talked prominently about relations in their accounts of basic aspects (...) of morality. Beyond that, each of them turns out to have held both metaphysical and epistemological views that might be described as founding morality on relations. Despite the definite differences between the three philosophers’ approaches, Hume does seem to have noticed a genuine connection here—even though he himself tended to ignore significant versions of this approach when criticizing it. (shrink)

Thomas Hobbes often includes powers and abilities in his descriptions of the world. Meanwhile, Hobbes’s philosophical picture of the world appears quite reductive, and he seems sometimes to say that nothing exists but bodies in motion. In more extreme versions of such a picture, there would be no room for powers. Hobbes is not an eliminativist about powers, but his view does tend toward ontological minimalism. It would be good to have an account of what Hobbes thinks powers are, and (...) how they fit into his understanding of the world. In this chapter, I investigate Hobbes’s account of the metaphysics of powers and abilities. Section 1 considers three important aspects of Hobbes’s account of powers: the connection between powers and causes; the modal aspects of powers; and the connection between powers and motions. Sections 2 and 3 then consider interpretive arguments about whether Hobbes identifies powers with underlying corporeal features. (shrink)

Perhaps the most commonly discussed argument against the possibility of extended simples is the argument from heterogeneity. The argument states that, if extended simples are possible, then extended simples which exhibit intrinsic qualitative variation across space (or spacetime) are also possible [Premise 1]. But, the argument goes, it is impossible for an extended simple to exhibit intrinsic qualitative variation across space (or spacetime) [Premise 2]. Thus, extended simples are impossible. I argue that there is a serious problem with the argument (...) from heterogeneity: the best arguments in support of the first premise undermine support for the second. Thus, there appears to be no good reason to accept both premises. (shrink)

Suppose that you're lying in bed. You just woke up. But you're alert. Your mind is clear and you have no distractions. As you lie there, you think to yourself, ‘2 + 2 = 4.’ The thought just pops into your head. But, wanting to be sure of your mathematical insight, you once again think ‘2 + 2 = 4’, this time really meditating on your thought. Now suppose that you're sitting in an empty movie theatre. The lighting is normal (...) and the screen in front of you is blank. Then at some point an image of a peach is flashed on the screen. The image isn't up there for long. In fact, it's only on the screen for what seems like an instant—just long enough for you to see it. These two scenarios are a bit mundane. But, as I will show, reflection on them can yield significant results concerning the nature of persons and their persistence through time. First I will show that thought and perception have temporal constraints whereby your thinking or perceiving in the above scenarios implies that you exist through a temporally.. (shrink)

My interest is the kind of philosophical vertigo that is a theme of Cavell’s work on scepticism. This describes the anxiety that is elicited via philosophical engagement with certain kinds of sceptical questions. There is a standing puzzle about this notion of vertigo, however, forcefully pressed, for example, by McDowell. Why should a resolution of the sceptical problem, one that putatively completely undercuts the motivation for scepticism in that domain, nonetheless generate vertigo in this sense? I aim to resolve the (...) puzzle, in a way that I believe underwrites this Cavellian notion, via consideration of Wittgenstein’s remarks on the structure of rational evaluation in his final notebooks, published as On Certainty. (shrink)

Wittgenstein taught us that there could not be a logically private language— a language on the proper speaking of which it was logically impossible for there to be more than one expert. For then there would be no difference between this person thinking she was using the language correctly and her actually using it correctly. The distinction requires the logical possibility of someone other than her being expert enough to criticize or corroborate her usage, someone able to constitute or hold (...) her to a standard of proper use. I shall explore the possibility of something opposite- sounding about laws, namely, that there could in principle be laws whose existence, legitimacy, goodness, and efficacy depend upon their being private, in this sense: their existence is kept secret from those who legitimately benefit from the laws and yet who would misguidedly destroy them were they to come to know of them; and it is kept secret from those who would illegitimately benefit from being able to circumvent the laws, and who could circumvent them if they knew of them. The secrecy of the laws increases their efficacy against bad behavior, and since were the public to come to know of these laws the public would lose its nerve and demand that the laws be rescinded, it prevents the public from destroying laws that are in fact in the public interest. These laws are therefore in a way logically private: they cannot at the same time exist, have the foregoing virtues, and be public. After proposing conditions under which such laws ought to be enacted, I moot logical objections to the very idea that there could be such laws, practical objections to their workability, and moral objections to their permissibility. I conclude by suggesting that, while we normally think of secret laws as creatures of the executive branch, things functionally equivalent to secret laws could also be created by other branches of government and societal institutions, and that all of this would be compatible with the form of sovereignty that is democratically grounded in the will and interests of the people. (shrink)

This paper investigates Locke’s views about materialism, by looking at the discussion in Essay IV.x. There Locke---after giving a cosmological argument for the existence of God---argues that God could not be material, and that matter alone could never produce thought. In discussing the chapter, I pay particular attention to some comparisons between Locke’s position and those of two other seventeenth-century philosophers, René Descartes and Ralph Cudworth. -/- Making use of those comparisons, I argue for two main claims. The first is (...) that the important argument of Essay IV.x.10 is fundamentally an argument about the causation of perfections. Indeed, Locke gives multiple such arguments in the chapter. My second main claim is that my proposed reading of IV.x is not merely consistent with what Locke says elsewhere about superaddition, but also provides reasons to favor a particular understanding of what superaddition is. (shrink)

In the early years of the eighteenth century Leibniz had several interactions with John Toland. These included, from 1702 to 1704, discussions of materialism. Those discussions culminated with the consideration of Toland's 1704 Letters to Serena, where Toland argued that matter is necessarily active. In this paper I argue for two main theses about this exchange and its consequences for our wider understanding. The first is that, despite many claims that Toland was at the time of Letters to Serena a (...) Spinozist, we can make better sense of him as a sort of Hobbesian materialist. The second main point concerns reasons for materialism, and in particular a story Locke tells in the Essay about materialists' motives. Toland defends his materialism by arguing that matter is active, and argues that matter is active by using a conceivability argument. But this is not the crude conceivability argument that Locke suggests motivates materialists. This (together with reflecting on some of Hobbes's arguments) suggests that we might well tell a Lockean story about reasons for early modern materialism, but not Locke's story. (shrink)

This chapter looks at the discussion of materialism in John Locke’s Essay concerning Human Understanding, and then at parts of the Anglophone reaction to those discussions. It considers the early criticisms of Locke by Edward Stillingfleet and the anonymous author of three sets of Remarks on Locke’s Essay. It then looks at some other ways in which readers reacted to Locke’s discussions: the views of Anthony Collins and John Toland, which one might be tempted to think of as Lockean materialism; (...) William Carroll’s reading of Locke as a Spinozistic materialist; and the dualistic Lockeanism of William Duncan’s Lockean logic textbook. (shrink)

Psychiatric and neurological disorders have historically provided key insights into the structure-function rela- tionships that subserve human social cognition and behavior, informing the concept of the ‘social brain’. In this review, we take stock of the current status of this concept, retaining a focus on disorders that impact social behavior. We discuss how the social brain, social cognition, and social behavior are interdependent, and emphasize the important role of development and com- pensation. We suggest that the social brain, and its (...) dysfunction and recovery, must be understood not in terms of specific structures, but rather in terms of their interaction in large-scale networks. (shrink)

The language of rights pervades modern social and political discourse and yet there is deep disagreement amongst citizens, politicians and philosophers about just what they mean. Who has them? Who should have them? Who can claim them? What are the grounds upon which they can be claimed? How are they related to other important moral and political values such as community, virtue, autonomy, democracy and social justice? In this book, Duncan Ivison offers a unique and accessible integration of, and (...) introduction to, the history and philosophy of rights. He focuses especially on the politics of rights: the fact that rights have always been, and will remain, deeply contested. He discusses not only the historical contexts in which some of the leading philosophers of rights formed their arguments, but also the moral and logical issues they raise for thinking about the nature of rights more generally. At each step, Ivison also considers various deep criticisms of rights, including those made by communitarian, feminist, Marxist and postmodern critics. The book is aimed at students and readers coming to these issues for the first time, but also at more knowledgeable readers looking for a distinctive integration of history and theory as applied to questions about the nature of rights today. (shrink)

We argue that, insofar as one accepts either supersubstantivalism or strong composition as identity for the usual reasons, one has (defeasible) reasons to accept the other as well. Thus, all else being equal, one ought to find the package that combines both views—the Identity Package—more attractive than any rival package that includes one, but not the other, of either supersubstantivalism or composition as identity.

I argue that Hobbes isn't really a materialist in the early 1640s (in, e.g., the Third Objections to Descartes's Meditations). That is, he doesn't assert that bodies are the only substances. However, he does think that bodies are the only substances we can think about using imagistic ideas.

Hobbes denies in Leviathan that we have an idea of God. He does think, though, that God exists, and does not even deny that we can think about God, even though he says we have no idea of God. There is, Hobbes thinks, another cognitive mechanism by means of which we can think about God. That mechanism allows us only to think a few things about God though. This constrains what Hobbes can say about our knowledge of God, and grounds (...) his belief in a fairly strong version of the thesis that God is incomprehensible. (shrink)

What would it mean to have a suitably ‘realistic’ account of political liberty? On the one hand, I don’t think we can properly understand liberty without an underlying account of personhood or agency.2 In making sense of liberty, we need to ask: What kind of agency does it presuppose or promote? What kind of independence do we care most about? What does it mean to exercise control, or to be self-guiding, in the kind of world we live in today? At (...) the same time, a conception of moral and political personhood needs to be appropriately ‘realistic’: It shouldn’t be over-idealized (or over-simplified), nor demand more than can be reasonably expected, given the kind of creatures we are. (shrink)

Does the Australian state exercise legitimate power over the indigenous peoples within its borders? To say that the state’s political decisions are legitimate is to say that it has the right to impose those decisions on indigenous peoples and that they have a (at least a prima facie) duty to obey. In this paper, I consider the general normative frameworks within which these questions are often grasped in contemporary political theory. Two dominant modes of dealing with political legitimacy are through (...) the politics of ‘recognition’ and ‘justification’. I argue that in order to address the fundamental challenges posed by indigenous peoples to liberal settler states today we need to pluralise our conceptions of political legitimacy. (shrink)

Some philosophers claim that propositions are simple—i.e., lack parts. In this paper, I argue that this claim is mistaken. I start with the widely accepted claim that propositions are the objects of beliefs. Then I argue that the objects of beliefs have parts. Thus, I conclude that propositions are not simple. My argument for the claim that the objects of beliefs have parts derives from the fact that beliefs are productive and systematic. This fact lurks in the background of debates (...) about the metaphysics of propositions. But its import for these debates has yet to be fully appreciated. So here I bring the point to the fore, and thus make manifest a powerful argument against simple propositions. (shrink)