Is autonomy – governing yourself – compatible with letting yourself be governed by trust? This paper argues that autonomy is not only compatible with appropriate trust but actually requires it. Autonomy requires appropriate trust because it is undermined by inappropriate mistrust. An autonomous agent treats herself as answerable for her action-guiding commitments, where answerability requires openness to the rational influence of external, critical perspectives on those commitments. This openness to correction makes one vulnerable to manipulation and can be exploited in (...) ways that undermine autonomy instead of supporting it. We argue that autonomy is undermined by inappropriate trust, and that the inappropriateness lies in the agent’s failure to manifest appropriate responsiveness to evidence of untrustworthiness in the one trusted. The problem isn’t that autonomy requires dispensing with trust but that trust must itself be governed by appropriate responsiveness to evidence of untrustworthiness. Our view confronts two challenges. One challenge lies in explaining why you shouldn’t treat your vulnerability to manipulation as a general reason to let your trusting disposition lapse into an untrusting one. We argue that there is no such general reason to let your responsiveness to evidence of untrustworthiness be supplanted by a suspicious disposition to seek and require positive evidence of trustworthiness. A second, and deeper, challenge arises from the fact that in some especially sophisticated cases of manipulation there is no evidence of untrustworthiness to which you could respond. We argue that you cannot rationally cope with even this unresolvable risk of exploited trust by trusting only yourself. (shrink)

How far, if at all, do our intrapersonal and our interpersonal epistemic obligations run in parallel? This paper treats the question as addressing the stability of doxastic commitment in the two dimensions. In the background lies an analogy between doxastic and practical commitment. We’ll pursue the question of doxastic stability by coining a doxastic analogue of Gregory Kavka’s much-discussed toxin case. In this new case, you foresee that you will rationally abandon a doxastic commitment by undergoing a shift in the (...) context in which you doxastically deliberate. The case reveals an important stability condition on doxastic commitment that plays no role in cases modeled on Ulysses and the Sirens, the scenario that has shaped previous attempts to draw an analogy between doxastic and practical commitment. The stability condition thereby revealed is not diachronic -- it does not involve a shift in belief -- but we can construct specifically diachronic cases that reveal an important intrapersonal epistemic obligation. This obligation arises when you expect the shift in belief by ‘projecting’ yourself into a future doxastic context -- thus vindicating a restricted, but only this restricted, application of Bas van Fraassen’s Reflection Principle. Despite some important differences, we can use these diachronic cases as a model for interpersonal cases that reveal an important role for doxastic context in the epistemology of disagreement. But the roles played by projection and context in disagreement ensure that there is no general obligation to be responsive to the opinion of an epistemic peer who disagrees with you. (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)

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.

[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)

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)

The essay explores the systematic relationship in the work of Giordano Bruno (1548-1600) between his monadology, his metaphysics as presented in works such as De la causa, principio et uno, the mythopoeic cosmology of Lo spaccio de la bestia trionfante, and practical works like De vinculis in genere. Bruno subverts the conceptual regime of the Aristotelian substantial forms and its accompanying cosmology with a metaphysics of individuality that privileges individual unity (singularity) over formal unity and particulars over substantial forms without (...) sacrificing a metaphysical perspective on the cosmos. The particular is individuated as a unique site of desire, continually transforming but able to entrain itself and others through phantasmatic ‘bonding’, the new source of regularity in Bruno’s polycentric universe. Bruno thus tries to do justice to the demands of intelligibility as well as transformative eros. The essay concludes with a note on Bruno’s geometry as it relates to his general conception of form. (shrink)

Some political philosophers have judged that it is absurd to think that there can be unintentional consent. In this paper, I present an example of unintentional consent, which I refer to as the adapted boardroom example. I consider reasons for denying that this is an example of unintentional consent, but find that these reasons are unconvincing.

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)

While cosmopolitans are right to think that state sovereignty is derived from individuals, many cosmopolitan accounts can be too demanding in their expectations for illiberal regimes because they do not account for the attitudes of the persons with who will subject to the intervention. These ‘objectivist’ accounts suggest that sovereignty is wholly a matter of a state’s conformity to the objective demands of justice. In contrast, for ‘subjectivist’ accounts, the attitudes of citizens do matter. Subjectivist cosmopolitans do not deny the (...) objective demands of liberal justice, but argue that state sovereignty is at least partly a matter of the subjective attitude of citizens toward their state. This paper will highlight the reasons why such coercive impositions are troubling, and diagnose why objectivist theories characteristically fail to recognize them. It seeks to articulate a moderate kind of subjectivist cosmopolitanism that balances a liberal concern for rights with a worry about the imposition of political institutions or practices on a people that does not accept them. (shrink)

This essay examines Hobbes’ philosophy of space, with emphasis placed on the variety of interpretations that his concept of imaginary space has elicited from commentators. The process by which the idea of space is acquired from experience, as well as the role of nominalism, will be offered as important factors in tracking down the elusive content of Hobbes’ conception of imaginary space.

This essay utilizes the work of the comedy group, Monty Python, as a means of introducing basic concepts in Existentialism, especially as it pertains to the writings of Nietzsche, Sartre, and Camus.

This essay examines the music of Radiohead as a means of introducing various elementary concepts and theories in the philosophy of music.

This paper examines Descartes' problematic relational theory of motion, especially when viewed within the context of his dynamics, the Cartesian natural laws. The work of various commentators on Cartesian motion is also surveyed, with particular emphasis placed upon the recent important texts of Garber and Des Chene. In contrast to the methodology of most previous interpretations, however, this essay employs a modern "spacetime" approach to the problem. By this means, the role of dynamics in Descartes' theory, which has often been (...) neglected in favor of kinematic factors, is shown to be central to finding a solution to the puzzle of Cartesian motion. (shrink)

This essay explores the possibility of constructing a structural realist interpretation of spacetime theories that can resolve the ontological debate between substantivalists and relationists. Drawing on various structuralist approaches in the philosophy of mathematics, as well as on the theoretical complexities of general relativity, our investigation will reveal that a structuralist approach can be beneficial to the spacetime theorist as a means of deflating some of the ontological disputes regarding similarly structured spacetimes.

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)

Perceptual experience is often said to be transparent; that is, when we have a perceptual experience we seem to be aware of properties of the objects around us, and never seem to be aware of properties of the experience itself. This is a introspective fact. It is also often said that we can infer a metaphysical fact from this introspective fact, e.g. a fact about the nature of perceptual experience. A transparency theory fills in the details for these two facts, (...) and bridges the gap between them. We have three aims: to scrutinize Michael Tye’s transparency theory :137–151, 2002; Consciousness revisited: materialism without phenomenal concepts, MIT Press, Cambridge, 2009; Philos Stud 170:39–57, 2014a), introduce a new transparency theory, and advance a meta-theoretical hypothesis about the interest, and import, of transparency theories. (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)

This essay examines the relationship between monads and space in Kant’s early pre-critical work, with special attention devoted to the question of ubeity, a Scholastic doctrine that Leibniz describes as “ways of being somewhere”. By focusing attention on this concept, evidence will be put forward that supports the claim, held by various scholars, that the monad-space relationship in Kant is closer to Leibniz’ original conception than the hypotheses typically offered by the later Leibniz-Wolff school. In addition, Kant’s monadology, in conjunction (...) with God’s role, also helps to shed light on further aspects of his system that are broadly Leibnizian, such as monadic activity and the unity of space. (shrink)

This paper explores various metaphysical aspects of Leibniz’s concepts of space, motion, and matter, with the intention of demonstrating how the distinctive role of force in Leibnizian physics can be used to develop a theory of relational motion using privileged reference frames. Although numerous problems will remain for a consistent Leibnizian relationist account, the version developed within our investigation will advance the work of previous commentators by more accurately reflecting the specific details of Leibniz’s own natural philosophy, especially his handling (...) of the dynamical interactions of plenum bodies. (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)

This paper investigates a famous argument, first introduced by Richard Taylor, that attempts to establish a radical similarity in the concepts of space and time. The argument contends that the spatial and temporal aspects of material bodies are much more alike, or analogous, than has been hitherto acknowledged. As will be demonstrated, most of the previous investigations of Taylor and company have failed to pinpoint the weakest link in their complex of analogies. By concentrating on their most fundamental cases, however, (...) a substantial difference, or disanalogy, can be brought to light that undermines this purported equivalence of space and time. (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)

Previous research has suggested that an effective strategy for debiasing judgments is to have participants "consider the opposite." The present research proposes that considering any plausible alternative outcome for an event, not just the opposite outcome, leads participants to simulate multiple alternatives, resulting in debiased judgments. Three experiments tested this hypothesis using an explanation task paradigm. Participants in all studies were asked to explain either 1 hypothetical outcome (single explanation conditions) or 2 hypothetical outcomes (multiple explanation conditions) to an event; (...) after the explanation task, participants made likelihood judgments. The results of Studies 1 and 2 indicated that debiasing occurred in all multiple explanation conditions, including those that did not involve the opposite outcome. Furthermore, the findings indicated that debiased judgments resulted from participants' spontaneous consideration of additional alternatives in making their likelihood judgments. The results of Study 3 also identified the perceived plausibility of the explained alternative as an important moderating variable in debiasing. (shrink)

The role of conventions in the formulation of Thomas Reid’s theory of the geometry of vision, which he calls the “geometry of visibles”, is the subject of this investigation. In particular, we will examine the work of N. Daniels and R. Angell who have alleged that, respectively, Reid’s “geometry of visibles” and the geometry of the visual field are non-Euclidean. As will be demonstrated, however, the construction of any geometry of vision is subject to a choice of conventions regarding the (...) construction and assignment of its various properties, especially metric properties, and this fact undermines the claim for a unique non-Euclidean status for the geometry of vision. Finally, a suggestion is offered for trying to reconcile Reid’s direct realist theory of perception with his geometry of visibles. (shrink)

This essay explores the vexed issue of individual corporeal substance in Descartes' natural philosophy. Although Descartes' often referred to individual material objects as separate substances, the constraints on his definitions of matter and substance would seem to favor the opposite view; namely, that there exists only one corporeal substance, the plenum. In contrast to this standard interpretation, however, it will be demonstrated that Descartes' hypotheses make a fairly convincing case for the existence of individual material substances; and the key to (...) this new found individuation is a long neglected set of passages in the Principles of Philosophy. (shrink)

According to the iterative conception of set, each set is a collection of sets formed prior to it. The notion of priority here plays an essential role in explanations of why contradiction-inducing sets, such as the Russell set, do not exist. Consequently, these explanations are successful only to the extent that a satisfactory priority relation is made out. I argue that attempts to do this have fallen short: understanding priority in a straightforwardly constructivist sense threatens the coherence of the empty (...) set and raises serious epistemological concerns; but the leading realist interpretations---ontological and modal interpretations of priority---are deeply problematic as well. I conclude that the purported explanatory virtues of the iterative conception are, at present, unfounded. (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)

[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)

This paper investigates a famous argument, first introduced by Richard Taylor, that attempts to establish a radical similarity in the concepts of space and time. The argument contends that the spatial and temporal aspects of material bodies are much more alike, or analogous, than has been hitherto acknowledged. As will be demonstrated, most of the previous investigations of Taylor and company have failed to pinpoint the weakest link in their complex of analogies. By concentrating on their most fundamental cases, however, (...) a substantial difference, or disanalogy, can be brought to light that undermines this purported equivalence of space and time. (shrink)

This paper investigates Newton’s ontology of space in order to determine its commitment, if any, to both Cambridge neo-Platonism, which posits an incorporeal basis for space, and substantivalism, which regards space as a form of substance or entity. A non-substantivalist interpretation of Newton’s theory has been famously championed by Howard Stein and Robert DiSalle, among others, while both Stein and the early work of J. E. McGuire have downplayed the influence of Cambridge neo-Platonism on various aspects of Newton’s own spatial (...) hypotheses. Both of these assertions will be shown to be problematic on various grounds, with special emphasis placed on Stein’s influential case for a non-substantivalist reading. Our analysis will strive, nonetheless, to reveal the unique or forward-looking aspects of Newton’s approach, most notably, his critical assessment of substance ontologies, that help to distinguish his theory of space from his neo-Platonic contemporaries and predecessors. (shrink)

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)

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)

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)

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)

This essay examines the underdetermination problem that plagues structuralist approaches to spacetime theories, with special emphasis placed on the epistemic brands of structuralism, whether of the scientific realist variety or not. Recent non-realist structuralist accounts, by Friedman and van Fraassen, have touted the fact that different structures can accommodate the same evidence as a virtue vis-à-vis their realist counterparts; but, as will be argued, these claims gain little traction against a properly constructed liberal version of epistemic structural realism. Overall, a (...) broad construal of spacetime theories along epistemic structural realist lines will be defended which draws upon both Friedman’s earlier work and the convergence of approximate structure over theory change, but which also challenges various claims of the ontic structural realists. (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)

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)

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)

In the Principles of Philosophy, Descartes attempts to explicate the well-known phenomena of varying bodily size through an appeal to the concept of "solidity," a notion that roughly corresponds to our present-day concept of density. Descartes' interest in these issues can be partially traced to the need to define clearly the role of matter in his natural laws, a problem particularly acute for the application of his conservation principle. Specifically, since Descartes insists that a body's "quantity of motion," defined as (...) the product of its "size" and speed, is conserved in all material interactions, it is imperative that he explain how solidity influences the magnitude of this force. As a means of resolving this problem, Descartes postulated an idealized condition of "perfect solidity" which correlates a body's "agitation" force (a forerunner of Newton's concept of non-accelerating, or "inertial" motion) with the interplay of its volume, surface area, and composition of minute particles. This essay explores this often misunderstood aspect of Descartes' physics, as well as the special function of idealized conditions in his collision rules. Contrary to those commentators who regard "perfect solidity" as a stipulation on bodily impact, this notion, it will be argued, is primarily concerned with the internal composition of macroscopic bodies, and only indirectly with their collision characteristics. Along the way, many of Descartes' hypotheses will be shown to display a level of sophistication and intricacy that, despite their essential incompatibility, belie several of the common misconceptions of Cartesian science. (shrink)

In the paper, certain rational postulates for protocols describing real communicating are introduced.These rational postulates, on the one hand, allow assigning a certain typology of real systems of interactions, which is consistent with the reality of epistemic argumentation in systems of communicating, and on the other one – defining rules of using argumentation in real situations. Moreover, the presented postulates for protocols characterize information networks and administering knowledge in real interactivity systems. Due to the epistemic character of the considerations, the (...) problem undertaken in the paper concerns working out fundamental assumptions that refer to building of epistemic logics. They allow establishing the correctness of the discourse defined by rational postulates of protocols of real communication. In the context of the presented problem there are the following two research questions distinguished: 1) How do we determine the rule of building of real dynamic epistemic logics? and 2) How should we define semantics for these logics? Within the framework of considerations relating to the research questions asked, certain epistemic operators, relativized to types of communicating, are introduced. Basic logical relations between using these operators are established for these operators. The relations are presented by a diagram called the square of epis temic operators. On the basis of these logical relations some axioms for real dynamic epistemic logics are presented. The semantics of real dynamic epistem ic logics is extended by the methods of lower and upper approximation of formula evaluating. This allows defining ‘approximation Kripke models’. The results of conceptualization of knowledge on real premises of epistemic argum entation presented in this paper can be applied to rhetoric in real systems of interaction. (shrink)

This article investigates the problem of the identity of the parts of space in Newton’s natural philosophy, as well as the holistic or structuralist nature of Newton’s ontology of space. Additionally, this article relates the lessons reached in this historical and philosophical investigation to analogous debates in contemporary space-time ontology. While previous contributions, by Nerlich, Huggett, and others, have proven to be informative in evaluating Newton’s claims, it will be argued that the underlying goals of Newton’s views have largely eluded (...) prior analysis and that Newton’s approach is similar, and lends support, to several current structuralist trends in the conception of space-time ontology. (shrink)

This essay comments on the complexity of the task of accommodating Leibniz’s account of relational motion with his dynamics, as evident in Anja Jauernig’s (2008) Leibniz Review article, and suggests some possible strategies for overcoming these obstacles.

Among the most popular strategies for justifying political obligations are those that appeal to the principle of fairness. These theories face the challenge, canonically articulated by Robert Nozick, of explaining how it is that persons are obligated to schemes when they receive goods that they do not ask for but cannot reject. John Simmons offers one defense of the principle of fairness, arguing that people could be bound by obligations of fairness if they voluntarily accept goods produced by a cooperative (...) scheme. Simmons, however, thinks that such a theory will do little work in justifying political obligations, since virtually no one voluntarily accepts state goods. This paper attempts to advance just such a theory by arguing that states are in fact genuine cooperative schemes and that Simmons is overly pessimistic in his appraisal of whether the majority of citizens accept the goods provided by their states. (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)

This article probes the question of what interpretations of quantum mechanics actually accomplish. In other domains, which are briefly considered, interpretations serve to make alien systematizations intelligible to us. This often involves clarifying the status of their implicit ontology. A survey of interpretations of non-relativistic quantum mechanics supports the evaluation that these interpretations make a contribution to philosophy, but not to physics. Interpretations of quantum field theory are polarized by the divergence between the Lagrangian field theory that led to the (...) Standard Model of Particle physics and the Algebraic quantum field theory, that discounts an ontology of particles. Ruetsche's interpretation, it is argued, offers a potential for loosening the sharp polarization that presently obtains. A brief evaluation focuses on the functional ontology of quantum field theory considered as an effective theory. (shrink)

This essay examines the metaphysical foundation of Leibniz’s theory of space against the backdrop of the subtantivalism/relationism debate and at the ontological level of material bodies and properties. As will be demonstrated, the details of Leibniz’ theory defy a straightforward categorization employing the standard relationism often attributed to his views. Rather, a more careful analysis of his metaphysical doctrines related to bodies and space will reveal the importance of a host of concepts, such as the foundational role of God, the (...) holism of both geometry and the material world’s interconnections, and the viability and adequacy of a property theory in characterizing his natural philosophy of space. (shrink)

This essay explores various problematical aspects of Descartes' conservation principle for the quantity of motion (size times speed), particularly its largely neglected "dual role" as a measure of both durational motion and instantaneous "tendencies towards motion". Overall, an underlying non-local, or "holistic", element of quantity of motion (largely derived from his statics) will be revealed as central to a full understanding of the conservation principle's conceptual development and intended operation; and this insight can be of use in responding to some (...) of the recent and traditional criticisms of Descartes' physics. (shrink)