When philosophers consider factors compromising autonomy in consent, they often focus solely on the consent-giver’s agential capacities, overlooking the impact of the consent-receiver’s conduct on the consensual character of the activity. In this paper, I argue that valid consent requires justified trust in the consent-receiver to act only within the scope of consent. I call this the Trust Condition (TC), drawing on Katherine Hawley’s commitment account of trust. TC constitutes a belief that the consent-receiver is capable and willing to act (...) as we expect from them. If such trust is not warranted, I argue, consent lacks the appropriate normative grounds. After establishing TC, I explore its application in the sexual arena, asserting that due to the non-contractual dimensions of sexual activity — such as the dynamic nature of sexual desires and the absence of external factors effectively binding sexual partners to the terms of consent—trust is warranted in sexual consent by means of care. I define care as a special sensitivity and attention toward the partner’s will and discuss how this approach leads to safer intimate relationships in practice. (shrink)

In this paper, I discuss a subset of preferences in which a person desires the fulfillment of a choice they have made, even if it involves the violation of their desires, as in rape fantasies. I argue that such cases provide us with a unique insight into personal autonomy from a proceduralist standpoint. In its first part, I analyze some examples in light of Frankfurt's endorsement theory and argue that even when we cannot endorse a practical decision that involves being (...) violated, we nonetheless regard those cases as instances of autonomy. Therefore, autonomy does not necessarily require endorsement. Instead, I propose that the nature of the relevant highest-order volition dictates the procedure that should be established in one’s desire structure for its fulfillment. In the second part, I discuss how an agent may effectively consent to the violation of their decision by another person. Ordinary consent typically refers to actions but fails to communicate one's higher-order desires or commitments. To address this limitation, I propose a practical tool that accomplishes this by signaling shifts in the normative context where the agents are interacting. (shrink)

While the immediate aim of Walter Benjamin’s famous essay, “Critique of Violence,” is to provide a critique of legal violence, commentators typically interpret it as providing a further critique of state violence. However, this interpretation often receives no further argument, and it remains unclear whether Benjamin’s essay may prove analytically relevant for a critique of state violence today. This paper argues that the “Critique” proves thusly relevant, but only on condition that it is developed in two directions. The (...) first direction is conceptual, and consists in an explanation of the necessary relationship between states and violence. This explanation is found by appealing to a concept not cited in Benjamin’s text, but which, I argue, remains its implicit basis: sovereignty. According to this conceptual development, state violence is the necessary result of the state's attempt to maintain its sovereign law at the expense of emancipatory struggles to generate non-sovereign law. The second direction is genealogical, and consists in destabilizing the modern belief that justice is best served through the judicial channels of a sovereign state. Here I employ Michel Foucault’s genealogical research to demonstrate the historical contingency of state justice and, by extension, the possibility of a justice beyond the state. (shrink)

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore endorse (...) treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)

Identity-Relative Paternalism, as defended by Wilkinson, holds that paternalistic intervention is justified to prevent an individual from doing to their future selves (where there are weakened prudential unity relations between the current and future self) what it would be justified to prevent them from doing to others.1 Wilkinson, drawing on the work of Parfit and others, defends the notion of Identity-Relative Paternalism from a series of objections. I argue here, however, that Wilkinson overlooks a significant problem for Identity-Relative Paternalism—namely, that (...) it yields unactionable and self-contradictory results when applied to choices where both options present potential harms to future selves. (shrink)

Scientists often diverge widely when choosing between research programs. This can seem to be rooted in disagreements about which of several theories, competing to address shared questions or phenomena, is currently the most epistemically or explanatorily valuable—i.e. most successful. But many such cases are actually more directly rooted in differing judgments of pursuit-worthiness, concerning which theory will be best down the line, or which addresses the most significant data or questions. Using case studies from 16th-century astronomy and 20th-century geology and (...) biology, I argue that divergent theory choice is thus often driven by considerations of scientific process, even where direct epistemic or explanatory evaluation of its final products appears more relevant. Broadly following Kuhn’s analysis of theoretical virtues, I suggest that widely shared criteria for pursuit-worthiness function as imprecise, mutually-conflicting values. However, even Kuhn and others sensitive to pragmatic dimensions of theory ‘acceptance’, including the virtue of fruitfulness, still commonly understate the role of pursuit-worthiness—especially by exaggerating the impact of more present-oriented virtues, or failing to stress how ‘competing’ theories excel at addressing different questions or data. This framework clarifies the nature of the choice and competition involved in theory choice, and the role of alternative theoretical virtues. (shrink)

In this paper, I discuss a problem for Kant's strategy of appealing to the agent qua noumenon to undermine the significance of determinism in his theory of free will. I then propose a solution. The problem is as follows: given determinism, how can some agent qua noumenon be 'the cause of the causality' of the appearances of that agent qua phenomenon without being the cause of the entire empirical causal series? This problem has been identified in the literature (Ralph Walker (...) provides what is perhaps the most dramatic presentation of it). But it has never received an adequate solution. In this paper, I argue that Walker’s objection is only decisive if we must understand our responsibility as responsibility for events, but not causal laws. I argue that we need not interpret Kant's theory in this way. I demonstrate that each agent qua noumenon could be responsible for "limited instantiation scope" causal laws which necessitate only the phenomenal actions of that same agent qua phenomenon. Part of this project involves showing that there are relevant constituents of actions which are "rare" enough to instantiate such laws. I demonstrate that, on Kant's view, events in agents’ bodies are not rare enough, but events in agents’ phenomenal souls are. (shrink)

Contemporary neuroscientific theories of consciousness are typically based on the study of vision and have neglected olfaction. Several of these (e.g. Global Workspace Theories, the Information Integration theory, and the various theories offered by Crick and Koch) claim that a thalamic relay is necessary for consciousness. Studies on olfaction and the olfactory system's anatomical structure show this claim to be incorrect, thus showing these theories to be either false or inadequate as general and comprehensive accounts of consciousness. Attempts to rescue (...) these theories by claiming that there is a structure in the olfactory system that is functionally equivalent to the thalamus in the visual system, such as the olfactory bulb or the olfactory cortex, are also shown to fail. If we wish to understand consciousness, we have to wake up and smell it. (shrink)

According to the Counterfactual Comparative Account of harm and benefit, an event is overall harmful for a subject to the extent that this subject would have been better off if it had not occurred. In this paper we present a challenge for the Counterfactual Comparative Account. We argue that if physical processes are chancy in the manner suggested by our best physical theories, then CCA faces a dilemma: If it is developed in line with the standard approach to counterfactuals, then (...) it delivers that the value of any event for a subject is indeterminate to the extreme, ranging from terribly harmful to highly beneficial. This problem can only be avoided by developing CCA in line with theories of counterfactuals that allow us to ignore a-typical scenarios. Doing this generates a different problem: when the actual world is itself a-typical we will sometimes get the result that the counterfactual nonoccurrence of an actual benefit is itself a benefit. An account of overall harm bearing either of these two implications is deficient. Given the general aspiration to account for deprivational harms and the dominance of the Counterfactual Comparative Account in this respect, theorists of harm and benefit face a deadlock. (shrink)

Discovering laws of nature was a way to worship a law-giving God, during the Scientific Revolution. So why should we consider it worthwhile now, in our own more secularized science? For historical perspective, I examine two competing early modern theological traditions that related laws of nature to different divine attributes, and their secular legacy in views ranging from Kant and Nietzsche to Humean and ‘governing’ accounts in recent analytic metaphysics. Tracing these branching offshoots of ethically charged God-concepts sheds light on (...) how our ethical ideals and ideas of natural order can still be valuably integrated. Early modern intellectualists valued the law-governed order of nature as a sign of divine Reason. In turn, Reason traditionally ascribed to God has now been partly reclaimed for humans, reframing the value of natural order anthropocentrically, in terms of the value of our own intelligence. Alternatively, Reason may be reclaimed for nature itself, as in an ‘objective’ idealism or metaphysical rationalism. However, beyond divine Reason, an influential voluntarist tradition in theology stressed a connection between laws of nature and God’s Power or free Will. Tracking how divine Power has been reinvested in human beings provides a broader context for instrumentalism and related lineages of empiricism. But secularization can also transfer Power from God to the impersonal natural world. In this light, current scientific interest in lawlike order may also reflect the inherent value of brute necessity or inhuman causal power in nature: this is a deeper way to reject anthropocentrism and to show our respect for the environment. (shrink)

This paper is about an asymmetry in the justification of praising and blaming behaviour which free will theorists should acknowledge even if they do not follow Wolf and Nelkin in holding that praise and blame have different control conditions. That is, even if praise and blame have the same control condition, we must have stronger reasons for believing that it is satisfied to treat someone as blameworthy than we require to treat someone as praiseworthy. Blaming behaviour which involves serious harm (...) can only be justified if the claim that the target of blame acted freely cannot be reasonably doubted. But harmless praise can be justified so long as the claim that the candidate for praise did not act freely can be reasonably doubted. Anyone who thinks a debate about whether someone acted freely is truth-conducive has to acknowledge that reasonable doubt is possible in both these cases. (shrink)

Philosophers have cataloged a range of genealogical methods by which different sorts of normative conclusions can be established. Although such methods provide diverging ways of pursuing genealogical inquiry, they typically converge in eschewing historiographic methodology, in favor of a uniquely philosophical approach. In contrast, one genealogist who drew on historiographic methodology is Michel Foucault. This article presents the motivations and advantages of Foucault's genealogical use of such a methodology. It advances two mains claims. First, that Foucault's early 1970s work employs (...) a distinct genealogical method, which borrows from contemporary historiographic models of explanation to expand the range of objects that are proper to genealogical accounts of historical change. I demonstrate how Foucault modifies two central commitments of Nietzsche by broadening the dimensions of genealogical inquiry and explanation. Second, that historical method has normative relevance for genealogy, insofar as different historiographic choices can lead to different normative conclusions. I motivate this second claim by explaining how Foucault's multidimensional genealogical method expands both (a) the range of objects that are subject to evaluative assessment, and (b) the set of possible prescriptive recommendations that follow from such assessment. (shrink)

In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that we are morally responsible are not quite this dramatic. Giving up the belief that (...) we are morally responsible undermines many, and perhaps most, of the desert claims we are pretheoretically inclined to accept. But it does not undermine desert claims based on the sheer fact of personhood. Even in the absence of belief in moral responsibility, personhood-based desert claims require us to respect persons and their rights. So personhood-based desert claims can provide a substantial role for desert in free will skeptics' ethical theories. (shrink)

What determines the degree to which some event harms a subject? According to the counterfactual comparative account, an event is harmful for a subject to the extent that she would have been overall better off if it had not occurred. Unlike the causation based account, this view nicely accounts for deprivational harms, including the harm of death, and for cases in which events constitute a harm rather than causing it. However, I argue, it ultimately fails, since not every intrinsically bad (...) state that is counterfactually dependent on an event contributes to its degree of harm. So while the causation based account is too restrictive, the counterfactual comparative view is not restrictive enough. In light of this, I suggest an alternative, explanation based account of overall harm, according to which the degree to which some event is harmful for a subject is determined by the degree to which (crudely) the states explained by it are overall more intrinsically bad than intrinsically good for her. (shrink)

To clarify the proper role of values in science, focusing on controversial expert responses to Covid-19, this article examines the status of (in)convenient hypotheses. Polarizing cases like health experts downplaying mask efficacy to save resources for healthcare workers, or scientists dismissing “accidental lab leak” hypotheses in view of potential xenophobia, plausibly involve modifying evidential standards for (in)convenient claims. Societies could accept that scientists handle (in)convenient claims just like nonscientists, and give experts less political power. Or societies could hold scientists to (...) a higher bar, by expecting them not to modify evidential standards to avoid costs only incidentally tied to error. (shrink)

One of the many arguments against capital punishment is that execution is irrevocable. At its most simple, the argument has three premises. First, legal institutions should abolish penalties that do not admit correction of error, unless there are no alternative penalties. Second, irrevocable penalties are those that do not admit of correction. Third, execution is irrevocable. It follows that capital punishment should be abolished. This paper argues for the third premise. One might think that the truth of this premise is (...) self-evident. But in his paper “Is the Death Penalty Irrevocable?” Mike Davis argues that it is false: the death penalty is not irrevocable. While Davis’ argument is itself somewhat compelling, it receives additional support from work in the metaphysics of death, specifically the literature on posthumous harm. Strengthened in this way, the argument deserves careful consideration. I begin with a quick sketch of Davis’ argument, then show how the Pitcher-Feinberg theory of posthumous harm enables a more robust argument against the irrevocability of capital punishment, defending their theory of harm against standard objections in the literature. Having established the coherency of the robust argument, I conclude that it nevertheless fails to make the case against irrevocability. This is because it ignores the full set of practical requirements incumbent on legal institutions that wrongly punish someone. (shrink)

Quantifier variance is a well-known view in contemporary metaontology, but it remains very widely misunderstood by critics. Here we briefly and clearly explain the metasemantics of quantifier variance and distinguish between modest and strong forms of variance (Section I), explain some key applications (Section II), clear up some misunderstandings and address objections (Section III), and point the way toward future directions of quantifier-variance-related research (Section IV).

Can a basic sensory property like a bare colour or tone be beautiful? Some, like Kant, say no. But Heidegger suggests, plausibly, that colours ‘glow’ and tones ‘sing’ in artworks. These claims can be productively synthesized: ‘glowing’ colours are not beautiful; but they are sensory forces—not mere ‘matter’, contra Kant—with real aesthetic impact. To the extent that it inheres in sensible properties, beauty is plausibly restricted to structures of sensory force. Kant correspondingly misrepresents the relation of beautiful wholes to their (...) parts. Beautiful form is not extrinsic to sensory force. Sensible beauty is just the holistic impact of agonistically-interacting sensory forces. When sensory forces interact hierarchically, their collective impact is closer to the sublime, in quality if not degree. The simplest sensory experience of sublimity is just the impact of radically intensified sensory forces, similar in kind if not degree to the individual ‘singing’ tones in a beautiful melody. (shrink)

Before the semester begins, a teacher tells his students: “There will be exactly one exam this semester. It will not take place on a day that is an immediate-successor of a day that you are currently in a position to know is not the exam-day”. Both the students and the teacher know – it is common knowledge – that no exam can be given on the first day of the semester. Since the teacher is truthful and reliable, it seems that (...) the students can know that what he says is true. However, in that case, assuming the students can know that they know whatever it is they know (KK) and assuming their knowledge is closed under entailment (closure), the students can reason from what they know to the conclusion that no exam will take place during the semester. This conclusion contradicts what they supposedly know: that there will be an exam. This puzzle, we argue, gives rise to a new consideration for the rejection of KK. We discuss unique features of the argument, especially in comparison to Timothy Williamson's rejection of KK in light of other versions of the surprise exam paradox. (shrink)

While the idea of art as self-expression can sound old-fashioned, it remains widespread—especially if the relevant ‘selves’ can be social collectives, not just individual artists. But self-expression can collapse into individualistic or anthropocentric self-involvement. And compelling successor ideals for artists are not obvious. In this light, I develop a counter-ideal of creative receptivity to basic features of the external world, or artistic objectivity. Objective artists are not trying to express themselves or reach collective self-knowledge. However, they are also not disinterested (...) or emotionless. They can be unmoved by personal feelings and human concerns, but they are still receptive—just attuned to the more elemental forces that creatively inspire them. I elaborate this ideal in dialogue with John Ruskin’s influential critique of the pathetic fallacy. By contextualizing Ruskin’s view vis-à-vis Romantic and Modernist poetics, post-Kantian aesthetics, modern environmental art, and contemporary theories of expressiveness, I show how it indirectly motivates my account. (shrink)

I argue that Nietzsche’s criticism of the Kantian theory of disinterested pleasure in beauty reflects his own commitment to claims that closely resemble certain Kantian aesthetic principles, specifically as reinterpreted by Schiller. I show that Schiller takes the experience of beauty to be disinterested both (1) insofar as it involves impassioned ‘play’ rather than desire-driven ‘work’, and (2) insofar as it involves rational-sensuous (‘aesthetic’) play rather than mere physical play. In figures like Nietzsche, Schiller’s generic notion of play—which is itself (...) influenced by Kant’s claim that aesthetic pleasure is orthogonal to desire-satisfaction—becomes decoupled from his (further) Kantian view that aesthetic play essentially involves a harmony of sensuous receptivity and rational spontaneity. The result, I suggest, is a self-standing opposition between desires and passions. This motivates a recognizably Romantic vision of aesthetic disinterestedness, as freedom from desire realized in a state of creative determination by passion. (shrink)

Foucault's governmentality lectures at the Collège de France analyze the history of the state through the lens of governmental reason. However, these lectures largely omit consideration of the relationship between discipline and the state, prioritizing instead raison d'État and liberalism as dominant state technologies. To remedy this omission, I turn to Foucault's early studies of discipline and argue that they provide materials for the reconstruction of a genealogy of the "disciplinary state." In reconstructing this genealogy, I demonstrate that the disciplinary (...) state marks the "dark side" of the liberal state, a dark side which is, moreover, largely obscured in the governmentality lectures. I further construe the difference between this early genealogy of the state and the later governmental studies in methodological terms. At stake in this difference is the historiographic status of capitalism and social conflict. Foucault's governmentality lectures employ what I term an "idealist disavowal," thereby treating capitalism and social conflict as irrelevant to the history of the state. The early disciplinary studies, on the other hand, enact a "materialist avowal," by which these objects are avowed as central to the explanation of how and why the state develops. Finally, I argue that Foucault's governmental genealogy of the liberal state is explanatorily and analytically incomplete, while the genealogy of the disciplinary state contributes to its completion on both fronts. (shrink)

Some argue that time’s causal arrow is grounded in an underlying thermodynamic asymmetry. Often, this is tied to Humean skepticism that causes produce their effects, in any robust sense of ‘produce’. Conversely, those who advocate stronger notions of natural necessity often reject thermodynamic reductions of time’s causal arrow. Against these traditional pairings, I argue that ‘reduction-plus-production’ is coherent. Reductionists looking to invoke robust production can insist that there are metaphysical constraints on the signs of objects’ velocities in any state, given (...) other—including far later—states’ properties. The Past Hypothesis may thus be a metaphysical condition, not a physical law. (shrink)

Two main claims are defended in this paper: first, that typical disputes in the literature about the ontology of physical objects are merely verbal; second, that the proper way to resolve these disputes is by appealing to common sense or ordinary language. A verbal dispute is characterized not in terms of private idiolects, but in terms of different linguistic communities representing different positions. If we imagine a community that makes Chisholm's mereological essentialist assertions, and another community that makes Lewis's four-dimensionalist (...) assertions, the members of each community speak the truth in their respective languages. This follows from an application of the principle of interpretive charity to the two communities. (shrink)

I defend the claim that we have the capacity to perceptually represent objects and events in experience as deviating from an expectation, or, for short, as deviant. The rival hypothesis is that we may ascribe the property of deviance to a stimulus at a cognitive level, but that property is not a representational content of perceptual experience. I provide empirical reasons to think that, contrary to the rival hypothesis, we do perceptually represent deviance.

This article reconstructs and defends Theodor Adorno’s social theory by motivating the central role of abstract domination within it. Whereas critics such as Axel Honneth have charged Adorno with adhering to a reductive model of personal domination, I argue that the latter rather understands domination as a structural and de-individualized feature of capitalist society. If Adorno’s social theory is to be explanatory, however, it must account for the source of the abstractions that dominate modern individuals and, in particular, that of (...) value. While such an account remains undeveloped in Adorno, Marx provides resources for its development, in positing the constitution of value neither in production nor exchange alone, but in the social totality. This article argues that Marx’s account is compatible with Adorno’s, and that it may be used to render Adorno’s theory of domination more credible on explanatory grounds. (shrink)

Nietzsche sometimes praises the drive to order—to simplify, organize, and draw clear boundaries—as expressive of a vital "classical" style, or an Apollonian artistic drive to calmly contemplate forms displaying "epic definiteness and clarity." But he also sometimes harshly criticizes order, as in the pathological dialectics or "logical schematism" that he associates paradigmatically with Socrates. I challenge a tradition that interprets Socratism as an especially one-sided expression of, or restricted form of attention to, the Apollonian: they are more radically disparate. Beyond (...) strengthening the case for this basic point, I develop a distinctive account of what, exactly, distinguishes the Apollonian-classical and Socratic forms of order. To this end, I advance interrelated interpretations of Apollonian-classical simplicity and the "cold" calm that it elicits, by contrast to superficially similar Socratic phenomena. This illuminates Nietzsche's broader ambivalence toward science, in part by clarifying the nature and value of an idealized Apollonian science. (shrink)

Many commentators have claimed that Nietzsche views the “sublimation” (Sublimierung) of drives as a positive achievement. Against this tradition, I argue that, on the dominant if not universal Nietzschean use of Sublimierung and its cognates, sublimation is just a broad psychological analogue of the traditional (al)chemical process: the “vaporization” of drives into a finer or lighter state, figuratively if not literally. This can yield ennobling elevation, or purity in a positive sense—the intensified “sublimate” of an unrefined original sample. But it (...) can also yield drives that are attenuated or otherworldly, in a pejorative sense. One (but only one) kind of Nietzschean sublimation is the “translation” of drives to “imaginative and spiritual” (Imaginative und Seelische) modes of expression. I con­clude that, despite certain appearances to the contrary, Nietzsche ultimately values basic drives’ powerful expression, without preferring either that this occur specifically as “higher culture” or as “savage” natural impulse. (shrink)

Most readers believe that it is difficult, verging on the impossible, to extract concrete prescriptions from the ethics of Emmanuel Levinas. Although this view is largely correct, Levinas’ philosophy can, with some assistance, generate specific duties on the part of legal actors. In this paper, I argue that the fundamental premises of Levinas’ theory of justice can be used to construct a prohibition against capital punishment. After analyzing Levinas’ concepts of justice, responsibility, and interruption, I turn toward his scattered remarks (...) on legal institutions, arguing that they enable a sense of interruption specific to the legal domain. It is here that we find the conceptual resources most important to my Levinasian abolition. I argue that the interruption of legal justice by responsibility implies what I call the principle of revisability. The principle of revisability states a necessary condition of just legal institutions: To be just, legal institutions must ensure the possibility of revising any and all of their rules, principles, and judgments. From this, the argument against capital punishment easily follows. Execution is a legal act, perhaps the only legal act, that cannot be undone. An application of the principle of revisability to this fact leads to the conclusion that legal institutions cannot justly impose capital punishment. After defending these points at length, I conclude with some observations on the consequences of the principle of revisability for law more generally. (shrink)

One reason that many philosophers are reluctant to seriously contemplate the possibility that we lack free will seems to be the view that we must believe we have free will if we are to regard each other as persons in the morally deep sense—the sense that involves deontological notions such as human rights. In the contemporary literature, this view is often informed by P.F. Strawson's view that to treat human beings as having free will is to respond to them with (...) the reactive attitudes, and that if we suspend the reactive attitudes we can only regard human beings as objects to be manipulated in the service of social goals. This purported implication of suspending the reactive attitudes has persuaded many philosophers that we cannot truly treat human beings as persons without assuming that they have free will. I argue that this line of thinking is misguided. I think Strawson is correct to worry that the consequentialism he sees as implicit in the objective attitude undermines our ability to treat each other as persons. But I think it is a mistake to accept that we must maintain the reactive attitudes, or any other attributions of free will or moral responsibility, to avoid a depersonalizing slide into consequentialism. Kant's idea of treating people as autonomous ends in themselves, rather than as mere means to ends, provides a compelling analysis of what it means to treat humans as persons, and I argue that there are ways of interpreting Kant's idea which do not involve reactive attitudes or any other attributions of free will or moral responsibility. -/- . (shrink)

In this article, we address a major outstanding question of probabilistic Bayesian epistemology: how should a rational Bayesian agent update their beliefs upon learning an indicative conditional? A number of authors have recently contended that this question is fundamentally underdetermined by Bayesian norms, and hence that there is no single update procedure that rational agents are obliged to follow upon learning an indicative conditional. Here we resist this trend and argue that a core set of widely accepted Bayesian norms is (...) sufficient to identify a normatively privileged updating procedure for this kind of learning. Along the way, we justify a privileged formalization of the notion of ‘epistemic conservativity’, offer a new analysis of the Judy Benjamin problem, and emphasize the distinction between interpreting the content of new evidence and updating one’s beliefs on the basis of that content. (shrink)

How might people be wronged in relation to their feelings, moods, and emotions? Recently philosophers have begun to investigate the idea that these kinds of wrongs may constitute a distinctive form of injustice: affective injustice. In previous work, we have outlined a particular form of affective injustice that we called emotional imperialism. This paper has two main aims. First, we aim to provide an expanded account of the forms that emotional imperialism can take. We will do so by drawing inspiration (...) from William Reddy’s (2001) concept of an emotional regime and investigating ways in which colonial powers of the eighteenth to twentieth centuries sought to impose their emotional regimes on their colonial subjects. Second, we will offer more expansive accounts of both emotional imperialism and affective injustice that can accommodate these additional forms of emotional imperialism. (shrink)

Collected essays consider points of affinity and friction between Walter Benjamin and Martin Heidegger. Despite being contemporaries, Walter Benjamin and Martin Heidegger never directly engaged with one another. Yet, Hannah Arendt, who knew both men, pointed out common ground between the two. Both were concerned with the destruction of metaphysics, the development of a new way of reading and understanding literature and art, and the formulation of radical theories about time and history. On the other hand, their life (...) trajectories and political commitments were radically different. In a 1930 letter, Benjamin told a friend that he had been reading Heidegger and that if the two were to engage with one another, “sparks will fly.” Acknowledging both their affinities and points of conflict, this volume stages that confrontation, focusing in particular on temporality, Romanticism, and politics in their work. (shrink)

Partiality is the special concern that we display for ourselves and other people with whom we stand in some special personal relationship. It is a central theme in moral philosophy, both ancient and modern. Questions about the justification of partiality arise in the context of enquiry into several moral topics, including the good life and the role in it of our personal commitments; the demands of impartial morality, equality, and other moral ideals; and commonsense ideas about supererogation. This paper provides (...) an overview of the debate on the ethics of partiality through the lens of the domains of permissible and required partiality. After outlining the conceptual space, I first discuss agent-centred moral options that concern permissions not to do what would be impartially optimal. I then focus on required partiality, which concerns associative duties that go beyond our general duties to others and require us to give special priority to people who are close to us. I discuss some notable features of associative duties and the two main objections that have been raised against them: the Voluntarist and the Distributive objections. I then turn to the justification of partiality, focusing on underivative approaches and reasons-based frameworks. I discuss the reductionism and non-reductionism debate: the question whether partiality is derivative or fundamental. I survey arguments for ‘the big three’, according to which partiality is justified by appeal to the special value of either projects, personal relationships, or individuals. I conclude by discussing four newly emerging areas in the debate: normative transitions of various personal relationships, relationships with AI, epistemic partiality, and negative partiality, which concerns the negative analogue of our positive personal relationships. (shrink)

The classical theory of sovereignty describes sovereignty as absolute and undivided yet no early modern state could claim such features. Historical record instead suggests that sovereignty was always divided and contested. In this article I argue that Foucault offers a competing account of sovereignty that underlines such features and is thus more historically apt. While commentators typically assume that Foucault’s understanding of sovereignty is borrowed from the classical theory, I demonstrate instead that he offers a sui generis interpretation, which results (...) from the application of his general strategic conception of power to sovereignty itself. In construing sovereignty through a “matrix” of civil war, Foucault thus deprives it of the absoluteness traditionally attributed to it. Instead, he views sovereignty as constituted by conflictual and mobile power relations, a precarious political technology that deploys violence to restore its authority. I also motivate Foucault’s contention that popular sovereignty remains fundamentally continuous with the absolutist sovereignty it succeeds, insofar as it masks and thereby perpetuates unequal power relations in conditions of social conflict. According to Foucault, sovereignty is not a fact of power but a contestory claim, a discourse whose mutability helps to explain its persistence today. (shrink)

If we want to be fair judges of all situations, first of all, we must convince ourselves that none of us are without fault. "seneca".

People loved for their beauty and cheerfulness are not loved as irreplaceable, yet people loved for “what their souls are made of” are. Or so literary romance implies; leading philosophical accounts, however, deny the distinction, holding that reasons for love either do not exist or do not include the beloved’s distinguishing features. In this, I argue, they deny an essential species of love. To account for it while preserving the beloved’s irreplaceability, I defend a model of agency on which people (...) can love each other for identities still being created, through a kind of mutual improvisation. (shrink)

According to a widely held view, epistemic reasons are normative reasons for belief – much like prudential or moral reasons are normative reasons for action. In recent years, however, an increasing number of authors have questioned the assumption that epistemic reasons are normative. In this article, I discuss an important challenge for anti-normativism about epistemic reasons and present a number of arguments in support of normativism. The challenge for anti-normativism is to say what kind of reasons epistemic reasons are if (...) they are not normative reasons. I discuss various answers to this challenge and find them all wanting. The arguments for normativism each stress a certain analogy between epistemic reasons and normative reasons for action. Just like normative reasons for action, epistemic reasons provide partial justification; they provide premises for correct reasoning; they constitute good bases for the responses they are reasons for; and they are reasons for which agents can show these responses without committing a mistake. In each case, I argue that the relevant condition is plausibly sufficient for the normativity of a reason, and that normativism is in any case in a much better position to explain the analogy than anti-normativism. (shrink)

According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions supported by the relevant (...) reasons (e.g. keeping a valid promise or respecting property) can be argued to have a certain kind of value, I argue that this value presupposes a moral right, and therefore cannot explain the reason. Reflection on such cases suggest the conclusion that reasons that are subject to normative powers are generally not value-based. This also has important implications for the dialectic between ‘value-first’ and ‘reasons-first’ approaches to normativity. (shrink)

This entry is composed of three sections. In §1, we survey debates about what structural rationality is, including the emergence of the concept in the contemporary literature, its key characteristics, its relationship to substantive rationality, its paradigm instances, and the questions of whether these instances are unified and, if so, how. In §2, we turn to the debate about structural requirements of rationality – including controversies about whether they are “wide-scope” or “narrow-scope”, synchronic or diachronic, and whether they govern processes (...) or states; as well as examining various forms of skepticism about structural requirements of rationality. In §3, we turn to the debate about the normative significance of structural rationality, surveying central challenges for the view that structural rationality is normatively significant and the theoretical options that arise in light of these challenges. (shrink)

Belief has a special connection to truth, a connection not shared by mental states like imagination. One way of capturing this connection is by the claim that belief aims at truth. Normativists argue that we should understand this claim as a normative claim about belief – beliefs ought to be true. A second important connection between belief and truth is revealed by the transparency of belief, i.e. the fact that, when I deliberate about what to believe, I can settle this (...) deliberation only by appeal to considerations I take to show p to be true. It is natural to think that there is a connection between these two features of belief, that the fact that believing for non-evidential considerations would be irrational can help to explain why it is impossible, and Shah and Velleman make exactly this argument. However, as I shall argue, we cannot explain transparency on the basis of a normative requirement on belief. For this explanation to work non-evidential considerations would have to fail to be reasons for belief, and we would have to be able to explain why we are unable to form beliefs on the basis of non-evidential considerations by appealing to the fact that they fail to be reasons for belief. However, while it is plausible that non-evidential considerations are not in fact reasons for belief, the explanatory picture is the other way around. Such considerations only fail to be reasons for belief because we are unable to form beliefs on their basis. (shrink)

Hypocrisy is a ubiquitous feature of moral and political life, and accusations of hypocrisy a ubiquitous feature of moral and political discourse. Yet it has been curiously under-theorized in analytic philosophy. Fortunately, the last decade has seen a boomlet of articles that address hypocrisy in order to explain and justify conditions on the so-called “standing” to blame (Wallace 2010; Friedman 2013; Bell 2013; Todd 2017; Herstein 2017; Roadevin 2018; Fritz and Miller 2018). Nevertheless, much of this more recent literature does (...) not adequately address the question, “what is hypocrisy?” In this paper, I develop and defend an account of hypocrisy as vicious, value-expressing inconsistency. I show how this account solves some traditional and some novel philosophical puzzles concerning hypocrisy and affords a deeper understanding of the features of hypocrisy emphasized by other prominent accounts. (shrink)

The first part of this chapter defends the claim that the over-incarceration of disadvantaged social groups is unjust. Many arguments for penal reform are based on the unequal distribution of punishment, most notably disproportionate punishment of the poor and people of color. However, some philosophers use a noncomparative conception of desert to argue that the justice of punishment is independent of its distribution. On this view, which has significant influence in 14th Amendment jurisprudence, unequal punishment is not unjust. After detailing (...) the “noncomparativist challenge,” this chapter argues that Levinasian conceptions of desert enable a theory of penal justice according to which comparative considerations are essential. In so doing, it shows that the noncomparativist challenge can be met. The chapter concludes by considering whether Levinasian conceptions of desert and responsibility show members of socially advantaged groups to be more blameworthy for their wrongdoing than members of disadvantaged groups. (shrink)

In “Harmful Choices, the Case of C, and Decision-Making Competence,” Pickering and colleagues advance an argument in favor of externalism, a view in which the competence of a decision maker is judged relative to factors external to their cognition. In advancing this argument, Pickering and colleagues focus on the external factor of harm: In their view, it is the harmfulness of a considered or chosen action that provides evidence against the competence of the decision maker. However, the proper identification of (...) harmful choices and outcomes remains a demanding task, largely because our understanding of what harm is remains deeply incomplete. Despite 50 years of tempestuous debate, the metaphysics of harm remains an unsettled question. The existence of such a debate does not, in and of itself, provide evidence against the externalist position; rather, it is the theories of harm themselves that pose meaningful challenges for the externalist. Our purpose, here, is to illuminate these challenges. (shrink)

According to Milner and Goodale’s dual visual systems (DVS) theory, a division obtains between visual consciousness and motor action, in that the visual system producing conscious vision (the ventral stream) is distinct from the one guiding action (the dorsal stream). That there would be this division is often taken (by Andy Clark and others) to undermine the folk view on how consciousness and action relate. However, even if this division obtains, this leaves open the possibility that con- scious ventral information (...) is often transmitted to the uncon- scious dorsal stream and then used to guide action, a possibility seeming to preserve a significant role for consciousness in action. This article assesses this possibility. In course of doing so, we will review those arguments recently having been made against the DVS view on how visual consciousness and action relate (ones due to, e.g., Briscoe and Schwenkler, or Schenk and McIntosh). What we will find is that, if we properly analyze the data upon which these arguments are based, we are still left with the impression that the DVS view is largely correct; i.e., it is only rarely that visual experience guides action. (shrink)

Suppositions can be introduced in either the indicative or subjunctive mood. The introduction of either type of supposition initiates judgments that may be either qualitative, binary judgments about whether a given proposition is acceptable or quantitative, numerical ones about how acceptable it is. As such, accounts of qualitative/quantitative judgment under indicative/subjunctive supposition have been developed in the literature. We explore these four different types of theories by systematically explicating the relationships canonical representatives of each. Our representative qualitative accounts of indicative (...) and subjunctive supposition are based on the belief change operations provided by AGM revision and KM update respectively; our representative quantitative ones are offered by conditionalization and imaging. This choice is motivated by the familiar approach of understanding supposition as `provisional belief revision' wherein one temporarily treats the supposition as true and forms judgments by making appropriate changes to their other opinions. To compare the numerical judgments recommended by the quantitative theories with the binary ones recommended by the qualitative accounts, we rely on a suitably adapted version of the Lockean thesis. Ultimately, we establish a number of new results that we interpret as vindicating the often-repeated claim that conditionalization is a probabilistic version of revision, while imaging is a probabilistic version of update. (shrink)

Kant famously insists that free will is a condition of morality. The difficulty of providing a demonstration of freedom has left him vulnerable to devastating criticism: critics charge that Kant's post-Groundwork justification of morality amounts to a dogmatic assertion of morality's authority. My paper rebuts this objection, showing that Kant offers a cogent demonstration of freedom. My central claim is that the demonstration must be understood in practical rather than theoretical terms. A practical demonstration of x works by bringing x (...) into existence, and what the demonstration of freedom brings into existence is a moral will, a will regulated by the moral law and capable of acting in accordance with it. Since to act morally is to act freely, bringing a moral will into existence actualizes our capacity for freedom and demonstrates that we possess it. To confirm the viability of such a demonstration, Kant must establish that agents can regulate their wills by practical principles, and that practical judgments are efficacious of themselves (i.e., that non-Humean motivational internalism is true). Kant, I argue, is successful on both counts. (shrink)

An apparently increasing number of philosophers take free will skepticism to pose a serious challenge to some of our practices. This must seem odd to many—why should anyone think that free will skepticism is relevant for our practices, when nobody seems to think that other canonical forms of philosophical skepticism are relevant for our practices? Part of the explanation may be epistemic, but here I focus on a metaethical explanation. Free will skepticism is special because it is compatible with ‘basic (...) moral reasons’—moral reasons acknowledged by all mainstream ethicists—and other minds and induction skepticism are not. One example is our reason not to intentionally harm others. Practical seriousness about other minds and induction skepticism undermines this reason, but practical seriousness about free will skepticism only undermines a potential overrider of this reason, that is, the reason of retribution. (shrink)

In spite of its significance for everyday and philosophical discourse, the explanatory connective has not received much treatment in the philosophy of logic. The present paper develops a logic for based on systematic connections between and the truth-functional connectives.

This paper concerns the role of the transcendental distinction between agents qua phenomena and qua noumena in Kant's theory of free will. It argues (1) that Kant's incompatibilism can be accommodated if one accepts the "ontological" interpretation of this distinction (i.e. the view that agents qua noumena are ontologically prior to agents qua phenomena), and (2) that Kant's incompatibilism cannot be accommodated by the "two-aspect" interpretation, whose defining feature is the rejection of the ontological priority of agents qua noumena. The (...) ontological interpretation allows Kant to be an incompatibilist because the ontological priority of agents qua noumena "ontologically undermines" the significance of phenomenal determinism for agents' free will. That is, since agents qua noumena are ontologically prior to agents qua phenomena, the fact that agents qua noumena are not subject to determinism is more fundamental than the fact that agents qua phenomena are subject to determinism, and it is the more fundamental fact that we should be concerned with in the metaphysical foundations of moral responsibility. Recent (independent) work by myself, Eric Watkins, and Robert Hanna is drawn on to demonstrate that the ontological interpretation can mount a better defense against some traditional objections than has often been thought. -/- According to the two-aspect interpretation, the transcendental distinction between agents qua noumena and qua phenomena is a semantic and epistemological distinction. Since it rejects the ontological priority of noumena, it has no way to assert that the non-determinism of agents qua noumena is more metaphysically fundamental than the determinism of agents qua phenomena. For the two-aspect interpretation, the truth of determinism must remain just as fundamental as the truth of any other characterization of agents. This means that, on the two-aspect interpretation, there is no better reason to call Kant an incompatibilist than there is to call him a compatibilist. Since Henry Allison has presented the most detailed two-aspect interpretation of the agential transcendental distinction, the arguments against the two-aspect distinction address his interpretation. Part of Allison's strategy is to argue that phenomenal determinism poses less of a problem for free will if we accept his accounts of the Second Analogy and empirical psychology. I point our problems in these accounts and argue that this strategy cannot be accepted. -/- . (shrink)