Michael Goldhaber, who popularized the term the attention economy, said of the US Capitol insurrection: “It felt like an expression of a world in which everyone is desperately seeking their own audience and fracturing reality in the process. I only see that accelerating.” If we don’t do something about this, American democracy may not survive. For when there is no longer any common ground of evidence and reason, history shows that misinformation will eventually overwhelm public discourse and authoritarianism can take (...) over. That is precisely what dictators across the world gleefully anticipate will happen in the US. The Biden administration could combat this by establishing a digital fairness doctrine for the twenty-first century. This would not mean setting up a government agency as the arbiter of truth. The purpose of such a doctrine is simply to preserve the possibility of a functioning national discourse on critical issues of public interest. It would not run afoul of First Amendment free speech guarantees, given that it would do nothing to block speech itself. In fact, it would expand and enrich national conversations, by preventing echo chambers prone to systematic bias. (shrink)

Like any social science, management and organization sits astride two literary and epistemic disciplines; the empirical and the conceptual. I argue that emphasizing the former to the detriment of the latter, as is often the case in management and organization research, creates a conceptual blindness that compromises progress in the field. I show how adopting a more philosophically attuned methodology buttresses the conceptual tools of management and organization research via deduction, induction, normative grounding, and overcoming the illusion of unanimity.

Our rapidly increasing reliance on frictionless AI interactions may increase cognitive and emotional distance, thereby letting our adaptive resilience slacken and our ethical virtues atrophy from disuse. Many trends already well underway involve the offloading of cognitive, emotional, and ethical labor to AI software in myriad social, civil, personal, and professional contexts. Gradually, we may lose the inclination and capacity to engage in critically reflective thought, making us more cognitively and emotionally vulnerable and thus more anxious and prone to manipulation (...) from false news, deceptive advertising, and political rhetoric. In this article, I consider the overarching features of this problem and provide a framework to help AI designers tackle it through system enhancements in smartphones and other products and services in the burgeoning internet of things (IoT) marketplace. The framework is informed by two ideas: psychologist Daniel Kahneman’s cognitive dual process theory and moral self-awareness theory, a four-level model of moral identity that I developed with Benjamin M. Cole. (shrink)

The Montreal Declaration on Animal Exploitation, which has been endorsed by hundreds of influential academic ethicists, calls for establishing a vegan economy by banning what it refers to as all unnecessary animal suffering, including fishing. It does so by appeal to the moral principle of equal consideration of comparable interests. I argue that this principle is misapplied by discounting morally relevant cognitive capacities of self-conscious and volitional personhood as distinguished from merely sentient non-personhood. I describe it as a kind of (...) anthropomorphizing moralism which I call anthropomoralism, defined as the tendency to project morally relevant characteristics of personhood onto merely sentient non-persons by discounting their existing differences with actual persons. I show that this attitude can lend support to the resurgent attempt to treat fetal pain as equally morally considerable to that of childbearing persons they gestate within. I explain that the only sound way to apply the principle of equal consideration of comparable interests is to compare experiences of actual persons. Therefore, while supporting a vegan economy may be morally praiseworthy, it should not be deemed morally obligatory. (shrink)

Research into the proper mission of business falls within the context of theoretical and applied ethics. And ethics is fast becoming a part of required business school curricula. However, while business ethics research occasionally appears in high‐profile venues, it does not yet enjoy a regular place within any top management journal. I offer a partial explanation of this paradox and suggestions for resolving it. I begin by discussing the standard conception of human nature given by neoclassical economics as disseminated in (...) business schools; showing it is a significant obstacle to an accurate conception of ethics and how this limits consideration of sustainability and corporate social responsibility. I then examine the scope of the top management journals, showing how their empirical and descriptive focus leaves little room for ethics, which is an essentially conceptual and prescriptive discipline. Finally, I suggest avenues for research into the ethical mission of business, generally—and sustainability and CSR, in particular—by appeal to the precepts of Harvard Business School’s Master’s in Business Administration ethics oath modeled on the medical and legal professions. (shrink)

Ask most any cognitive scientist working today if a digital computational system could develop aesthetic sensibility and you will likely receive the optimistic reply that this remains an open empirical question. However, I attempt to show, while drawing upon the later Wittgenstein, that the correct answer is in fact available. And it is a negative a priori. It would seem, for example, that recent computational successes in generative AI and textual attribution, most notably those of Donald Foster (famed finder of (...) Ted Kazinski a.k.a. “the Unibomber”) speak favorably of the connectionist model's capacity to overcome the “aspect blindness” handicap in this domain. I argue however that such results are only achievable when rigid input‐to‐output parameters are given, and that this element is precisely what is absent in standard examples of aesthetic judgment. I thus conclude that while the connectionist model anticipated by Turing may provide the best approach for the AI project, its capacity for meeting its own sufficiency requirements is necessarily crippled by its inability to share in what can be generally referred to as the collective engagements of human solidarity. (shrink)

I present a fictional and somewhat unpleasant tutorial. In it a use of the term “ideal political theory” is connected with the reflective equilibrium method: an ideal theory requires no adaptation of specific moral judgments to fit with the theory. I have not been in a tutorial closely resembling this, I should say.

How must you think about time when you form an intention? Obviously, you must think about the time of action. Must you frame the action in any broader prospect or retrospect? In this essay I argue that you must: you thereby commit yourself to a specific prospect of a future retrospect – a retrospect, indeed, on that very prospect. In forming an intention you project a future from which you will not ask regretfully, referring back to your follow-through on that (...) intention, “What on earth was I thinking?” I argue that this broader attitude expresses the self-accountability necessary for practical commitment. (shrink)

Most prominent arguments favoring the widespread discretionary business practice of sending jobs overseas, known as ‘offshoring,’ attempt to justify the trend by appeal to utilitarian principles. It is argued that when business can be performed more cost-effectively offshore, doing so tends, over the longterm, to achieve the greatest good for the greatest number. This claim is supported by evidence that exporting jobs actively promotes economic development overseas while simultaneously increasing the revenue of the exporting country. After showing that offshoring might (...) indeed be justified on utilitarian grounds, I argue that according to Rawlsian social-contract theory, the practice is nevertheless irrational and unjust. For it unfairly expects the people of a given society to accept job-gain benefits to peoples of other societies as outweighing job-loss hardships it imposes on itself. Finally, I conclude that contrary to socialism, which relies much more on government control, capitalism constitutes a social contract that places a particularly strong moral obligation on corporations themselves to refrain from offshoring. (shrink)

Prominent non-speciesist attempts to determine the amount of moral standing properly attributable to conscious beings argue that certain non-human animals should be granted the highest consideration as self-conscious persons. Most of these theories also include a lesser moral standing for the sentient, or merely conscious, non-person. Thus, the standard approach has been to advocate a two-tiered theory—'sentience' or 'consciousness' and 'self-consciousness' or 'personhood'. While the first level seems to present little interpretative difficulty, the second has recently been criticized as a (...) rather obscurantist label. For it would seem, both on empirical and conceptual grounds, that self-consciousness/personhood comes in degrees. If these observations are at all revealing, they indicate that the two-tiered model is inadequate. This is the view I will support here, replacing the standard dichotomy with a more accurate seven-tiered account of cognitive moral standing adaptable to all three major perspectives of moral reasoning, namely, utilitarianism, deontology and virtue ethics. (shrink)

[The version of this paper published by Oxford online in 2019 was not copy-edited and has some sense-obscuring typos. I have posted a corrected (but not the final published) version on this site. The version published in print in 2020 has these corrections.] Which is more fundamental, assertion or testimony? Should we understand assertion as basic, treating testimony as what you get when you add an interpersonal addressee? Or should we understand testimony as basic, treating mere assertion -- assertion without (...) testimony -- as what you get when you subtract that interpersonal relation? In this chapter, I’ll argue for the subtractive approach and for the more general thesis that its treatment of the interpersonal element in assertion makes understanding that interpersonal element the key to understanding how assertion expresses belief. My theory of belief-expression in assertion treats it as internalizing the transmission of belief in testimony. How we understand that internalizing move depends on how we conceptualize the interpersonal element in testimony. Since what I’ll call the Command Model does not give us the conceptual resources to make this move, we should adopt an alternative that I’ll call the Custodial Model, on which a testifier aims not to convince her addressee but to reason with him – to give him reasons to believe what she tells him grounded in her trustworthiness in thus attempting to influence him. The subtractive approach to assertion thus rests on a key distinction between the aims of reasoning and persuasion. (shrink)

This paper develops Wittgenstein’s view of how experiences of ethical value contribute to our understanding of the world. Such experiences occur when we perceive certain intrinsic attributes of a particular being, object, or location as valuable irrespective of any concern for personal gain. It is shown that experiences of ethical value essentially involve a characteristic ‘listening’ to the ongoing transformations and actualizations of a given form of life—literally or metaphorically speaking. Such immediate impressions of spontaneous sympathy and agreement reveal ethics (...) and aesthetics as transcendental. Ultimately, I will attempt to show that from this point of view, forms of life are transcendental determinants of meaning and, as such, the principal objects of ethical value. Descriptive ontological grounding is thereby provided for the ethical value of species, languages, and cultures. (shrink)

It is tempting to interpret Marilyn Strathern as saying that the concept of nature is a social construction, because in her essay “No Nature, No Culture: the Hagen Case” she tells us that the Hagen people do not describe the world using this concept. However, I point out an obstacle to interpreting her in this way, an obstacle which leads me to reject this interpretation. Interpreting her in this way makes her inconsistent. The inconsistency is owing to a commitment that (...) she shares with previous British anthropologists, a commitment which points to an incompatibility between two intellectual traditions. (shrink)

An assurance theory of trust begins from the act of assurance – whether testimonial, advisorial or promissory – and explains trust as a cognate stance of resting assured. My version emphasizes the risks and rewards of trust. On trust’s rewards, I show how an assurance can give a reason to the addressee through a twofold exercise of ‘normative powers’: (i) the speaker thereby incurs an obligation to be sincere; (ii) if the speaker is trustworthy, she thereby gives her addressee the (...) reason. Each claim is controversial; my contribution lies in how I defend them together, linking the sincerity obligation to the provision of reasons. On trust’s risks, I defend a popular thesis about the nature of trust – that trust differs from mere reliance in how it risks betrayal – against the objection that the thesis ‘moralizes’ trust. Such betrayal need not be moral, I argue, because it may derive entirely from how the assurance purports to provide a reason. (shrink)

If by “demon” one understands an evil occult being, then its equivalent in the Islamic narrative is the intersection of the category jinn with that of the shayātīn: a demon is a shaytān from among the jinn. The literature in the Islamic tradition on these subjects is vast. In what follows, we will select some key elements from it to provide a brief summary: first on the nature of the jinn, their nature, and their relationship to God and human beings; (...) second, on the origin, nature, and role of Shaytān (Satan himself) and the shayātīn in the moral drama of Islam. Then, we will take a closer look at the relationship between jinn and humankind, according to Islam, and the phenomena of the demonic as it manifests itself in that relation. In the process, I will entertain, tentatively, some philosophical speculation as to the nature of that ultimately mysterious relation and phenomena, drawn from what we find in the religious sources. (shrink)

Can a reason to believe testimony derive from the addressee’s trust itself or only from reliability in the speaker that the trust perhaps causes? I aim to cast suspicion on the former view, defended by Faulkner, in favor of the latter – despite agreeing with Faulkner’s emphasis on the second-personal normativity of testimonial assurance. Beyond my narrow disagreement with Faulkner lie two broader issues. I argue that Faulkner misappropriates Bernard Williams’s genealogy of testimony when he makes use of Williams’s genealogical (...) argument in his own preferred assurance view of testimony. Though Williams doesn’t clearly articulate it, there is a deep reason why Williams’s genealogy cannot underwrite an argument for trust-based testimonial reasons. Can a genealogical argument underwrite any version of the assurance view? I sketch an assurance view of testimonial reasons that rejects Faulkner’s thesis that such reasons could be grounded in trust. Then I examine what it would take for that assurance view to receive genealogical vindication. (shrink)

This paper treats two questions about the relation between trust and the will. One question, about trust, is whether you can trust ‘at will.’ Can you trust despite acknowledging that you lack evidence of the trustee’s worthiness of your trust? Another question, about the will, is whether you can exercise your will at all without trust – at least, in yourself. I treat the second question as a guide to the first, arguing that the role of trust in the will (...) reveals how you can trust at will. The key lies in distinguishing two ways of being responsive to evidence. On the one hand, you cannot trust someone – whether another person or your own earlier self – whom you judge unworthy of your trust. On the other hand, trust does not require a positive assessment of trustworthiness. I thus take issue with Pamela Hieronymi’s analysis of trust as a “commitment-constituted attitude.” Your trust is indeed constrained by your responsiveness to evidence of untrustworthiness, but you need undertake no commitment akin to or involving a judgment that the trustee is trustworthy. We can see why trust is not a commitment-constituted attitude by seeing how trust itself plays a role in forming a commitment. (shrink)

Practical commitment is Janus-faced, looking outward toward the expectations it creates and inward toward their basis in the agent’s will. This paper criticizes Kantian attempts to link these facets and proposes an alternative. Contra David Velleman, the availability of a conspiratorial perspective (not yours, not your interlocutor’s) is what allows you to understand yourself as making a lying promise – as committing yourself ‘outwardly’ with the deceptive reasoning that Velleman argues cannot provide a basis for self-understanding. Moreover, the intrapersonal availability (...) of such a third perspective is what enables you to commit yourself ‘inwardly.’ Here I offer an alternative to Christine Korsgaard’s account of practical commitment, on which committing yourself requires identifying yourself with a principle. You needn’t identify yourself with a principle, I argue, because the unity at which you aim when you commit yourself is a unity not with your acting self but with a later perspective, where the relation is one of self-intelligibility, not self-justification, and therefore needn’t be mediated by principles. This ‘twice-future’ perspective – neither your present intending nor your (once-)future acting but a third perspective that looks back on that relation – plays the intrapersonal role played in interpersonal commitment by potential co-conspirators. Kantians are therefore right to link your ability to commit yourself with your ability credibly to express that commitment to others. But the linkage generates a strikingly unKantian result. The nature of agency cannot provide an apriori basis for honesty because what enables you to commit yourself is what also enables you to lie. (shrink)

Very little attention has been paid towards examining John Rawls’s liberal principle of legitimacy as a self-standing theory. Nevertheless, it offers a highly original way of thinking about state legitimacy. In this paper, I will offer a sketch of what such an account might look like. At its heart is the idea that the legitimacy of the state resides not in the consent of the governed, nor in the state’s conformity with the appropriate principles of justice, but rather in citizens’ (...) endorsement of the state and its underlying constitutional principles on the basis of their own comprehensive conceptions of justice. Such an account offers a stable middle ground between popular alternatives, and has a way of not just solving, but dissolving, the problem of legitimacy. (shrink)

J. McTaggart argues that the philosophical conception of time is constituted by the notions of fluid and static time. Since, on his view, neither notion is philosophically viable, he concludes that time is nothing but an illusion that arises from our distorted perception of essentially atemporal reality. In the paper, I argue that despite McTaggart’s failure to prove the unreality of time as such, he does succeed in establishing his lesser claim that the concept of fluid time is without any (...) ontological import whatsoever. (shrink)

I argue that absolutism, the view that absolutely unrestricted quantification is possible, is to blame for both the paradoxes that arise in naive set theory and variants of these paradoxes that arise in plural logic and in semantics. The solution is restrictivism, the view that absolutely unrestricted quantification is not possible. -/- It is generally thought that absolutism is true and that restrictivism is not only false, but inexpressible. As a result, the paradoxes are blamed, not on illicit quantification, but (...) on the logical conception of set which motivates naive set theory. The accepted solution is to replace this with the iterative conception of set. -/- I show that this picture is doubly mistaken. After a close examination of the paradoxes in chapters 2--3, I argue in chapters 4 and 5 that it is possible to rescue naive set theory by restricting quantification over sets and that the resulting restrictivist set theory is expressible. In chapters 6 and 7, I argue that it is the iterative conception of set and the thesis of absolutism that should be rejected. (shrink)

The article investigates the treatment of modality in chapters 12 and 13 of De Interpretatione and gives a new interpretation of the puzzling table of modals to be found at the beginning of chapter 13, as well as dealing with some of Aristotle’s puzzles. This is achieved by extending Aristotle’s distinction between two senses of possibility, which (following Ackrill) I call ‘one-sided’ and ‘two-sided’, to the two notions of necessity and impossibility. The conclusion is reached that, while the two notions (...) of necessity and impossibility are logically incompatible when both are taken as one-sided, in their two-sided senses they are in fact equivalent. (shrink)

My paper discusses the philosophical interrelationship between perfection, truth, and knowledge. The connection that exists between these three concepts underscores the argument of my paper that they are all one and the same thing. -/- The concepts of perfection, truth and knowledge are analysed in that order. I analyse perfection and demonstrate the practicalities of my arguments. Truth is then scrutinized and defined to illustrate its intimate relationship with perfection leading to the conclusion that knowledge being ‘truth that is perfect’. (...) -/- In dealing with the theory of knowledge, I take into account the justification of knowledge and highlighted arguments that I found to be insufficient. I derive a premise to refute and replace both the traditional and contemporary views of knowledge. -/- In the paper presented, I consider views of some prominent philosophers including; Locke, Russell, Plato, Aristotle and Leibniz. (shrink)

The object of this paper is not arguments from contingency in general, but specifically Aquinas’s ‘Third Way’ as it appears in his Summa Theologica. I will raise three objections to this argument. First, the argument depends on the premise, that if everything were contingent, then there would have been a time during which nothing exists, but this is not self-evident and no argument is given for it here. Secondly, Aquinas tells us that a key premise in this argument, that an (...) infinite order of things necessary through one another is impossible, has been proven just previously (in the ‘second way’) with respect to an infinite order of efficient causes. But this argument fallaciously equivocates between two different senses of the term ‘first’, and the fallacy does not disappear when applied to the ‘third way’. Thus, Aquinas not only fails, in this argument, to prove the existence of a thing necessary in itself, but fails to prove that anything is necessary at all. Lastly, this argument suffers from a puzzling ambiguity as to the meaning of the term ‘necessity’, and either way of interpreting the term consistently in the argument raises difficulties. (shrink)

I propose a framework for comparative Islamic—Western ethics in which the Islamic categories "Islam, Iman," and "Ihsan" are juxtaposed with the concepts of obligation, value, and virtue, respectively. I argue that "shari'a" refers to both the obligation component and the entire structure of the Islamic ethic; suggesting a suspension of the understanding of "shari'a" as simply Islamic "law," and an alternative understanding of "usul al-fiqh" as a moral epistemology of obligation. I will test this approach by addressing the question of (...) reason in Islamic moral epistemology via an examination of an argument advanced by a founding usul scholar Muhammad bin Idrīs al-Shāfi'ī (150 A.H./767 C.E.). (shrink)

This inquiry is addressed to two questions: (1) what if any logical relations might exist between the concepts of desire and action (as they and the distinctions to which they commit us are ensconced in ordinary parlance), and (2) what if any causal or significant non-causal (i.e., material) relations might ever exist between instances of desire and action? -/- It is held that any credible move to deal with such questions must initially, and at some length, specify the employment conditions (...) for the terms 'want' and 'desire'. This is accomplished in the first two chapters wherein a set of premises is generated for the argument of the inquiry which is presented in full and concluded in the third and final chapter. Premises generated devolve from treatment of the following major topics: (a) the grammar of 'want' and 'desire', (b) the ontological status of wants, (c) first-person and third-person want ascriptions, (d) the sorts of things which may be desired (desiderabilia), (e) wants and lacks, (f) wants and wishes, (g) the 'conflicts' of desires and reason and desire, (h) four major candidates for logical relations between wants and acts, (i) the issue of causation, and (j) the placement of Desire in an adequate ontology of persons. -/- It is argued that every major candidate for a logical relation between wants and acts (or our warrant for believing that such a connection exists) breaks down upon analysis; that little warrant exists for construing wants as causes of acts; that wants and acts are related in significant non-logical and non-causal (i.e., material) respects; and that any fully adequate theory of human action must undertake ontology, placing the category of Desire squarely in the foreground. This project represents neither a general theory of desire nor a general theory of human action. It is rather conceived as a propaedeutic to any such inquiry. It is essentially revisionist in intent, setting out on the one hand to challenge existing claims about wants and acts and, on the other hand, proposing a more satisfactory approach to the issue. In no sense is it suggested that recent Anglo-American contributions are without merit. It is rather argued that they are often inadequate contributions vis-a-vis the larger requirements for an adequate theory of human action. (shrink)

Georg Cantor was the genuine discoverer of the Mathematical Infinity, and whatever he claimed, suggested, or even surmised should be taken seriously -- albeit not necessary at its face value. Because alongside his exquisite in beauty ordinal construction and his fundamental powerset description of the continuum, Cantor has also left to us his obsessive presumption that the universe of sets should be subjected to laws similar to those governing the set of natural numbers, including the universal principles of cardinal comparability (...) and well-ordering -- and implying an ordinal re-creation of the continuum. During the last hundred years, the mainstream set-theoretical research -- all insights and adjustments due to Kurt G\"odel's revolutionary insights and discoveries notwithstanding -- has compliantly centered its efforts on ad hoc axiomatizations of Cantor's intuitive transfinite design. We demonstrate here that the ontological and epistemic sustainability} of this design has been irremediably compromised by the underlying peremptory, Reductionist mindset of the XIXth century's ideology of science. (shrink)

This paper engages two debates about trust, deriving from two distinct questions about the nature of trust. The first asks how to define trust. Does trusting B to φ involve anything more than relying on B to φ? The second asks about the normative structure of trust. Does trust most fundamentally embody a two-place or a three-place relation? I’ll defend a new position in the second debate that yields an equally new position in the first. The standard three-place model highlights (...) ‘A trusts B to φ.’ The two-place model prefers ‘A trusts B.’ On my new three-place model, both are less fundamental than ‘A φs through trust in B.’ We do, of course, trust people to do things. But the most fundamental form of trust lies in doing something through trust in a person. I call this the Assurance View of trust because I’ll argue that trusting involves accepting another’s invitation to trust – an assurance, in effect, that the other is relevantly trustworthy. Trust thereby differs from mere reliance by how it makes available a reason to rely on the trusted. In mere reliance, your reason to rely on B is exogenous to the reliance relation, emerging, for example, from B’s track record of relevant reliability. When you trust B, by contrast, you take yourself to have a reason to rely on B that is endogenous to your trust, a reason grounded not merely in B’s reliability, exogenously considered, but in B’s ongoing responsiveness to your relevant needs. The Assurance View’s key insight emerges, I’ll argue, from cases wherein trust is disappointed – the trusted does not do what you trusted her to do – yet not thereby betrayed. (shrink)

Robert Adams characterizes actualism regarding possible worlds as «the view that if there are any true statements in which there are said to be nonactual possible worlds, they must be reducible to statements in which the only things there are said to be are things which there are in the actual world, and which are not identical with nonactual possibles.» In this paper, I will briefly explain actualism about possible worlds, showing that an essential pillar of the theory is the (...) claim that truth is distinct from, and ontologically prior to, truth in a world. The rest of the paper is premised on the idea that an interesting philosophical defense of this claim calls for an analysis of truth itself, and is not intended as an objection to actualism, but rather to underscore the interest actualists should have in the question of what truth is. First, I will consider the idea, drawn from Adams and Alan McMichael, that truth differs from truth in a world in its being a matter of correspondence between a proposition and an independent object; that object being, in McMichael's words, the `concrete universe'. Then, I will show that, given such an analysis of truth, the truth conditions for propositions about non-actual possibilities violate the central tenet of actualism, as articulated by Adams. (shrink)

This paper investigates the question of, and the degree to which, Newton’s theory of space constitutes a third-way between the traditional substantivalist and relationist ontologies, i.e., that Newton judged that space is neither a type of substance/entity nor purely a relation among such substances. A non-substantivalist reading of Newton has been famously defended by Howard Stein, among others; but, as will be demonstrated, these claims are problematic on various grounds, especially as regards Newton’s alleged rejection of the traditional substance/accident dichotomy (...) concerning space. Nevertheless, our analysis of the metaphysical foundations of Newton’s spatial theory will strive to uncover its unique and innovative characteristics, most notably, the distinctive role that Newton’s “immaterialist” spatial ontology plays in his dynamics. (shrink)

I present an intractable puzzle for the currently popular view that belief is weak—the view that expressions like ‘S believes p’ ascribe to S a doxastic attitude towards p that is rationally compatible with low credence that p. The puzzle concerns issues that arise on considering beliefs in conditionals. I show that proponents of weak belief either cannot consistently apply their preferred methodology when accommodating beliefs in conditionals, or they must deny that beliefs in conditionals can be used in reasoning.

It’s a popular idea that memory resembles testimony insofar as each can ‘preserve’ epistemic warrant. But how does such ‘preservation’ do its epistemic work? I have elsewhere developed an assurance theory of testimonial warrant. Here, I develop an assurance theory of preservative memory. How could the ‘preservation’ of warrant through memory work through an assurance? What would even count as an intrapersonal assurance? I explain each form of preservation by contrasting the relation that preserves warrant with a pathological alternative. My (...) assurance theory of testimony theorizes the illocutionary norms governing the speech act of telling by explaining what goes wrong when there’s what Austin calls an ‘abuse.’ But what norms govern an intrapersonal memory relation? There are two sides in a memory relation: the earlier self judges that p, then memory keeps the later self in epistemic touch with that judgment by ‘preserving’ its warrant. But this is not an illocutionary relation. (When you ‘tell yourself that p,’ you are trying to ‘convince yourself’ that p and as such typically do not yet even judge that p.) I argue that the earlier self nonetheless offers an assurance by extending an invitation to trust. Your earlier self judges that p in part by projecting a future in which you will continue to trust yourself on the question whether p when you lose access to the evidence that informed the judgment. That projection of trust in yourself posits a worthiness of trust that ought to lead others to accept your testimony that p. Assurance in memory and assurance in testimony thus ought to work together. This aspect of the parallel emerges vividly when we see how it breaks down in the pathology of gaslighting – more than merely illocutionary abuse! – which targets specifically how testimony and memory work together in inviting trust relations. (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...) conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

I propose some arguments suggested by Descartes' text for the conclusion that we are not identical to our bodies. I suggest that a natural extension of those arguments leads to Plantinga's Replacement Argument. I conclude that even if such an argument is plausible, its conclusion does not establish the further claim that we can exist without a body.

[This draft is dated November 2007. I wrote it while I was a fellow at the Center for 21st Century Studies at UW-Milwaukee, in 2005-06, and published it only on the Center's website as a working paper. Many of the core ideas in this paper wound up in "Receptivity and the Will," Nous 2009, "Assertion, Sincerity, and Knowledge," Nous 2013, and "Assurance and Warrant," Philosophers' Imprint 2014 -- though formulated rather differently. What follows is the original abstract.] This working paper (...) extends a project that I’ve been developing for several years on the role of trust, including self-trust, in rationality and personal autonomy. I’m interested equally in epistemic questions (what to believe) and in practical questions (how to act), though the present paper addresses only the former. In an earlier paper on the epistemic side of my project, “Telling as Inviting to Trust” (Philosophy and Phenomenological Research, May 2005), I offered an explanation of how you can get an entitlement to believe something simply by trusting someone when she tells you it’s so, the entitlement deriving not merely from the assurance but from the trustworthy character of the one who gives it. The present paper adapts my explanation of believing-on-another’s-word to belief as such, via the observation that you can’t form a belief without trusting someone’s judgment – if only your own. I view intrapersonal reasoning about what to believe as an internalization of the interpersonal cases I analyzed in that earlier paper. In each instance, belief-formation has a second-personal dynamic: an invitation to trust on one side, trusting acceptance of that invitation on the other. If I’m right, the dynamic at the heart of all belief manifests not autonomy but a trusting heteronomy, whereby you render yourself appropriately receptive to judgment – your own or another’s. (The idea that judging is inviting self-trust first occurred to me in 2002, but I didn’t get a chance to develop it properly till 2005-06, my fellowship year at the Center for 21st Century Studies. I appreciate the support.). (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

Defenders of happiness surveys often claim that individuals are infallible judges of their own happiness. I argue that this claim is untrue. Happiness, like other emotions, has three features that make it vulnerable to introspective error: it is dispositional, it is intentional, and it is publically manifest. Other defenders of the survey method claim, more modestly, that individuals are in general reliable judges of their own happiness. I argue that this is probably true, but that it limits what happiness surveys (...) might tell us, for the very claim that people are reliable judges of their own happiness implies that we already have a measure of how happy they are, independent of self-reports. Happiness surveys may help us extend and refine this prior measure, but they cannot, on pain of unintelligibility, supplant it altogether. (shrink)

In this chapter, I will make the case that we can accurately describe Ghazali’s position as a natural law theory. Kevin Reinhart (1995), on whose translation of al-Mustaṣfā I will be depending in what follows, has also treated this topic. Though he did not specifically compare Ghazali’s position there with natural law theory, like Hourani (1985) he interprets Ghazali’s position as subjectivist on key points rendering it incompatible with natural law theory. Thus, I will begin with a prima facie case (...) for this incompatibility roughly along the lines one finds in Reinhart, and argue that a closer examination of the relevant text of al-Mustaṣfā along with the parallel section of al-Iqtiṣād, also cited by Hourani, shows that Ghazali’s position is not conclusively subjectivist, but instead is compatible with a natural law theory. I will examine key sections of Ghazali’s Kimiya al-Sa’dāt that quite clearly express a natural law theory of morality. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...) principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

This dissertation seeks to demonstrate that Proclus articulates a metaphysics not merely compatible with his polytheism, but to which in fact polytheism is integral. For Proclus the One Itself, which according to the First Hypothesis of the Parmenides neither is, nor is one, is instead as each henad, that is, as each God. The henads or Gods thus form a multiplicity unlike any other. Ontic multiplicities always exhibit mediation, in accord with a logic subordinating the many to the one. Correlatively, (...) ontic unity is formal unity, structured by a logic of wholes and parts. These are the dominant characteristics of the realm of Being. The huperousios, or "supra-essential" domain of the Gods, by contrast, is that of a multiplicity of absolute individuals with no totalizing principle over them and no reciprocal relations between them, insofar as either of these would diminish that quality which they pre-eminently possess, namely unity. The supreme form of unity in Proclus' universe, therefore, is the individuality possessed by each absolutely unique God. Chapters 1--4 are concerned with elucidating the nature of the Gods as such. ;The last three chapters provide a close reading of the third, fourth and fifth books of Proclus' Platonic Theology, which I read as an account of the emergence of ontic unity out of henadic unity through the Gods' progressive self-diremption by which a space of mediation is constituted through which they come ultimately to be conceivable as a multiplicity like any other. The key stages in this process are the ontic hypostases of Being, Life and Intellect. The first represents the analysis of the "elements" of each God as such; the second represents the positing of the Gods in co-emergent groupings or pantheons; the third the emergence of fully reciprocal relations in the actions of mythic narrative. At the end of this cosmogonic process, the basic intellectual structures have been constituted which allow the formulation of the philosophical system. The relationship between the Gods and Being is thus embodied in that between myth and dialectic, theology and philosophy. (shrink)

Reflections on free choice and determinism constitute a recurring, if rarified, sphere of legal reasoning. Controversy, of course, swirls around the perennially vexing question of the propriety of punishing human persons for conduct that they are unable to avoid. Drawing upon conditions similar, if not identical, to those traditionally associated with attribution of moral fault, persons subject to such necessitating causal constraints generally are not considered responsible in the requisite sense for their conduct; and, thus, they are not held culpable (...) for its consequences. The standard argument against free choice asserts that free choice cannot exist because determinism, as a property of laws governing the cosmos, excludes such a possibility. This contingent factual claim, however, has always proven problematic. Contemporary discussions - no doubt aware of this disputed factual premise - draw upon a more novel, and arguably more devastating critique: free will must be rejected because its very conception is incoherent. Rather than assuming the existence of determinism and attempting to show its incompatibility with free will, this argument begins with consideration of the idea of free choice and concludes that, if it is to have any sense at all, it must be compatible with determinism. Obviously, no single treatment of the free will problem could address all its nuances. This Article more modestly offers one possible approach to the question. Part I elaborates in more detail the view that the traditional conception of free choice is incoherent and, thus, inevitably undermines the very responsibility it is asserted to constitute; Part II considers the resulting effort to develop a model of human freedom compatible with determinism; and Part III, drawing upon the prior discussions, describes - in terms of classical action theory - a conception of free choice justifying personal moral and legal responsibility that avoids both the incoherence of "uncaused freedom" as well as the shortcomings of determinism. (shrink)

According to comparativism, degrees of belief are reducible to a system of purely ordinal comparisons of relative confidence. (For example, being more confident that P than that Q, or being equally confident that P and that Q.) In this paper, I raise several general challenges for comparativism, relating to (i) its capacity to illuminate apparently meaningful claims regarding intervals and ratios of strengths of belief, (ii) its capacity to draw enough intuitively meaningful and theoretically relevant distinctions between doxastic states, and (...) (iii) its capacity to handle common instances of irrationality. (shrink)

The enigma of the Emergence of Natural Languages, coupled or not with the closely related problem of their Evolution is perceived today as one of the most important scientific problems. The purpose of the present study is actually to outline such a solution to our problem which is epistemologically consonant with the Big Bang solution of the problem of the Emergence of the Universe}. Such an outline, however, becomes articulable, understandable, and workable only in a drastically extended epistemic and scientific (...) oecumene, where known and habitual approaches to the problem, both theoretical and experimental, become distant, isolated, even if to some degree still hospitable conceptual and methodological islands. The guiding light of our inquiry will be Eugene Paul Wigner's metaphor of ``the unreasonable effectiveness of mathematics in natural sciences'', i.e., the steadily evolving before our eyes, since at least XVIIth century, ``the miracle of the appropriateness of the language of mathematics for the formulation of the laws of physics''. Kurt Goedel's incompleteness and undecidability theory will be our guardian discerner against logical fallacies of otherwise apparently plausible explanations. John Bell's ``unspeakableness'' and the commonplace counterintuitive character of quantum phenomena will be our encouragers. And the radical novelty of the introduced here and adapted to our purposes Big Bang epistemological paradigm will be an appropriate, even if probably shocking response to our equally shocking discovery in the oldest among well preserved linguistic fossils of perfect mathematical structures outdoing the best artifactual Assemblers. (shrink)

This essay focuses on the explosive claim Cavell inserts in the middle of The Claim of Reason that a narrative history of a certain style of philosophy should be called “Philosophy and the Rejection of the Human.” In order to understand the accusation, I shape interpretations of what Cavell means by nearly each of the terms of this dramatic sentence. I begin by comparing senses of “philosophy” by way of a comparison with Rorty’s critical review of The Claim of Reason; (...) I proceed by underlining how, in Cavell’s work, the notion “human” and its rejection also is entangled with that which Cavell describes as “skepticism.” It is necessary, therefore, to understand whether there is a specific characteristic difference between skepticism and the style of philosophy that is implicated in the “rejection of the human.” It seems as if there should be a difference, given Cavell’s notorious approval of the truth or the moral of skepticism and the apparent criticism of the philosophical style that rejects the human. I show that the difference can be discovered by focusing on Cavell’s understanding of criteria. In particular, I emphasize the space of a subject’s relation to criteria, a subjective claim to universality without objectivity, in pursuing and extending Cavell’s own appeal to Kant’s Critique of Judgment. It is this subjective component that is rejected in the style of philosophy that Cavell singles out. (shrink)

According to the preference-centric approach to understanding partial belief, the connection between partial beliefs and preferences is key to understanding what partial beliefs are and how they’re measured. As Ramsey put it, the ‘degree of a belief is a causal property of it, which we can express vaguely as the extent to which we are prepared to act on it’ The Foundations of Mathematics and Other Logical Essays, Routledge, Oxon, pp 156–198, 1931). But this idea is not as popular as (...) it once was. Nowadays, the preference-centric approach is frequently dismissed out-of-hand as behaviouristic, unpalatably anti-realist, and/or prone to devastating counterexamples. Cases like Eriksson and Hájek’s :183–213, 2007) preferenceless Zen monk and Christensen’s :356–376, 2001) other roles argument have suggested to many that any account of partial belief that ties them too closely to preferences is irretrievably flawed. In this paper I provide a defence of preference-centric accounts of partial belief. (shrink)

In this paper I make some distinctions, which I hope are of help for Laura Valentini and others. Are the recommendations of a theory of what the government should do possible and are they feasible? Is the project of the theorist possibility-sensitive and is the project feasibility-sensitive?

I propose a solution to the paradox of the kalela dance, as presented by Richard Werbner, based on a variety of liberalism I once identified.

The standard representation theorem for expected utility theory tells us that if a subject’s preferences conform to certain axioms, then she can be represented as maximising her expected utility given a particular set of credences and utilities—and, moreover, that having those credences and utilities is the only way that she could be maximising her expected utility. However, the kinds of agents these theorems seem apt to tell us anything about are highly idealised, being always probabilistically coherent with infinitely precise degrees (...) of belief and full knowledge of all a priori truths. Ordinary subjects do not look very rational when compared to the kinds of agents usually talked about in decision theory. In this paper, I will develop an expected utility representation theorem aimed at the representation of those who are neither probabilistically coherent, logically omniscient, nor expected utility maximisers across the board—that is, agents who are frequently irrational. The agents in question may be deductively fallible, have incoherent credences, limited representational capacities, and fail to maximise expected utility for all but a limited class of gambles. (shrink)

In this paper, I draw attention to a revolution in the metaphysical commitments of Western astrology. Although I do not wish to promote astrology, I propose a rational route to this revolution. But there is a strong argument, from a Popperian perspective, that my proposal fails to establish rationality. I then consider whether we should say that astrology is either false or unfalsifiable, drawing attention to some surprising findings from schizophrenia research. Also, in a footnote I present “Tompkins’ paradox.”.

Jeanette Edwards observes a pattern of questions of the form “Why do anthropology fieldwork in location X?” - she only hears the question posed of some places - and she explains this pattern by saying that some places are taken to be obviously legitimate for anthropology fieldwork whereas others are not. I draw distinctions between legitimate and illegitimate, obviously legitimate and not obviously legitimate, and better and worse. The distinctions lead to a different explanation.