When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than (...) the content itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

Executive functioning has been said to bear on a range of traditional philosophical topics, such as consciousness, thought, and action. Surprisingly, philosophers have not much engaged with the scientific literature on executive functioning. This lack of engagement may be due to several influential criticisms of that literature by Daniel Dennett, Alan Allport, and others. In this paper I argue that more recent research on executive functioning shows that these criticisms are no longer valid. The paper clears the (...) way to a more fruitful philosophical engagement with findings on the central executive system. (shrink)

Before, during, and after the global financial crisis of 2008, executive pay practices were widely debated and criticized. Economists, philosophers, as well as the man on the street all seem to have strong feelings towards how much, in what ways, and on what grounds executives are paid. This thesis asks whether it is possible to morally justify current executive pay practices and, if so, on what grounds they are justified. It questions those who find no quarrel with pay (...) practices due to their minimally moralized view of the market and – perhaps more importantly – it asks for a sophisticated critique from those who criticize current pay practices. The discussion on just pay is clearly one of distributive justice. One reason for why some people consider CEO pay practices to be (fairly) unproblematic while others find them objectionable stems from the availability of different understandings of, and principles for, just pay. We tend to associate justice in pay with such things as proper incentivization, being the outcome of a fair procedure, being deserved on the basis of effort or contribution, and/or satisfying the ideal of equality. Parts of this thesis are devoted to these different understandings and what they entail for the moral justification of CEO pay. Another reason for the conflicting views on CEO pay stems from how issues of justice go beyond the confines of economics and applied ethics, extending all the way into the domain of political philosophy. Parts of this thesis explore this connection, in particular how the concept of economic desert relates to the broader concept of moral desert. Lastly, I discuss the criticism that the superrich (including executives) are being paid too much and are in possession of too much wealth. The issue at hand here is how to morally justify the interventions that seem suitable to rectify the situation. (shrink)

What triggers the execution of actions? What happens in that moment when an action is triggered? What mental state is there at the moment of action-execution that was not there a second before? My aim is to highlight the importance of a thus far largely ignored kind of mental state in the discussion of these old and much-debated questions: motor imagery. While there have been a fair amount of research in psychology and neuroscience on motor imagery in the last 30 (...) years or so, it is only recently that we start to understand the important role motor imagery plays in action initiation. And if, as these findings suggest, motor imagery plays an important role in action initiation, we can make progress not only in understanding action initiation in general but also in understanding what goes wrong in akratic actions and in relapse actions. Finally, this new picture of action-initiation also has far-reaching consequences for the relation between motivation and causation in naturalistic action-explanations. (shrink)

According to several current theories, executive processes help achieve various mental actions such as remembering, planning and decision-making, by executing cognitive operations on representations held in consciousness. I plan to argue that these executive processes are partly responsible for our sense of self, because of the way they produce the impression of an active, controlling presence in consciousness. If we examine what philosophers have said about the "ego" (Descartes), "the Self" (Locke and Hume), the "self of all selves" (...) (William James), we will find that it fits what is now known about executive processes. Hume, for instance, famously argued that he could not detect the self in consciousness, and this would correspond to the claim (made by Crick and Koch, for instance) that we are not conscious of the executive processes themselves, but rather of their results. (shrink)

This chapter offers a proceduralist argument against capital punishment. More specifically, it contends that the possibility of irrevocable mistakes precludes the just administration of the death penalty. At stake is a principle of political morality: legal institutions must strive to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The incompatibility of remedy and execution is the crux of the irrevocability argument: because the wrongly executed cannot enjoy the morally required compensation, execution is impermissible. Along with defending (...) his key premises, Yost explains the complicated role that sentencing uncertainty plays in the argument. He concludes by noting some of the flaws in substantive consequentialist and retributivist justifications of capital punishment. (shrink)

As an explicit organizing metaphor, memory aid, and conceptual framework, the prefrontal cortex may be viewed as a five-member ‘Executive Committee,’ as the prefrontal-control extensions of five sub-and-posterior-cortical systems: the ‘Perceiver’ is the frontal extension of the ventral perceptual stream which represents the world and self in object coordinates; the ‘Verbalizer’ is the frontal extension of the language stream which represents the world and self in language coordinates; the ‘Motivator’ is the frontal cortical extension of a subcortical extended-amygdala stream (...) which represents the world and self in motivational/emotional coordinates; the ‘Attender’ is the frontal cortical extension of a subcortical extended-hippocampal stream which represents the world and self in spatiotemporal coordinates and directs attention to internal and external events; and the ‘Coordinator’ is the frontal extension of the dorsal perceptual stream which represents the world and self in body- and eye-coordinates and controls willed action and working memory. This tutorial review examines the interacting roles of these five systems in perception, working memory, attention, long - term memory, motor control, and thinking. (shrink)

Several theories propose that one of the core functions of inner speech (IS) is to support subjects in the completion of cognitively effortful tasks, especially those involving executive functions (EF). In this paper we focus on two populations who notoriously encounter difficulties in performing EF tasks, namely, people diagnosed with schizophrenia who experience auditory verbal hallucinations (Sz-AVH) and people within the Autism Spectrum Conditions (ASC). We focus on these two populations because they represent two different ways in which IS (...) can fail to help in EF tasks, which can be illustrative for other mental conditions. First, we review the main components of EF (Section 1). Then we explain the functions that IS is taken to perform in the domain of EF (Section 2) and review the evidence concerning problems about EF in the two populations of our study: Sz-AVH (Section 3) and ASC (Section 4). After this we further detail our account about what a properly functioning IS can do for both populations and how different IS profiles may impact EF performance: in the case of Sz-AVH, the uncontrolled and intrusive character of IS negatively affects EF performance, whereas in ASC, EF is not sufficiently supported by IS, given the tendency in this population to present a diminished use of IS (Section 5). We finally briefly discuss Attention Deficit/Hyperactivity Disorder (ADHD) and Developmental Language Disorders (DLD). (shrink)

Dubreuil (Biol Phil 25:53–73, 2010b , this journal) argues that modern-like cognitive abilities for inhibitory control and goal maintenance most likely evolved in Homo heidelbergensis , much before the evolution of oft-cited modern traits, such as symbolism and art. Dubreuil’s argument proceeds in two steps. First, he identifies two behavioral traits that are supposed to be indicative of the presence of a capacity for inhibition and goal maintenance: cooperative feeding and cooperative breeding. Next, he tries to show that these behavioral (...) traits most likely emerged in Homo heidelbergensis . In this paper, I show that neither of these steps are warranted in light of current scientific evidence, and thus, that the evolutionary background of human executive functions, such as inhibition and goal maintenance, remains obscure. Nonetheless, I suggest that cooperative breeding might mark a crucial step in the evolution of our species: its early emergence in Homo erectus might have favored a social intelligence that was required to get modernity really off the ground in Homo sapiens. (shrink)

Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue that such (...) a standard ought to be guided by the best evidence from neuropsychology about the development, during childhood and adolescence, of the executive functions that give rise to morally and legally responsible agents. In light of that evidence, which suggests that the brain’s executive functions are still maturing into early adulthood, we recommend a graded structure of culpability for child soldiers. (shrink)

Despite the enormity of the financial losses flowing from the 2008 financial crisis and the outrageousness of the conduct that led up to it, almost no individual involved has been prosecuted for criminal conduct, much less actually gone to prison. What this chapter argues is that the failure to punish those in management for their role in this misconduct stems from a misunderstanding of the need to prove that they personally knew of this wrongdoing and harbored an intent to defraud. (...) But not only would negligence be a sufficient legal and moral basis for imposing terms of imprisonment in these cases, mere causal responsibility would also be enough, for causal responsibility has embed in it all we need to find those causally responsible morally responsible too, and once some basis for moral responsibility is established, the imposition of terms of imprisonment is both legally permitted and morally just. (shrink)

Psychopathic individuals display a callous-coldhearted approach to interpersonal and affective situations and engage in impulsive and antisocial behaviors. Despite early conceptualizations suggesting that psychopathy is related to enhanced cognitive functioning, research examining executive functioning (EF) in psychopathy has yielded few such findings. It is possible that some psychopathic trait dimensions are more related to EF than others. Research using a 2-factor or 4-facet model of psychopathy highlights some dimension-specific differences in EF, but this research is limited in scope. Another (...) complicating factor in teasing apart the EF–psychopathy relationship is the tendency to use different psychopathy assessments for incarcerated versus community samples. In this study, an EF battery and multiple measures of psychopathic dimensions were administered to a sample of male prisoners (N. (shrink)

In this paper I will explore the question whether the Trivialization construction of transparent intensional logic (TIL) can be understood in terms of the Execution construction, specifically, in terms of its degenerate case known as the 0-Execution. My answer will be positive and the apparent contrast between the intuitive understanding of Trivialization and 0-Execution will be explained as a matter of distinct yet related informal perspectives, not as a matter of technical or conceptual differences.

Even the ancient Greeks defined the Dream as a happy πόλις, Heraclitus - κόσμοπόλις, Socrates - ethical anthropology, Plato - Good, Hegel - absolute idea, Marx - communism... All of Humanity has made a lot of its survival experience for the realization of Dreams. Without any plan, to the touch to, only by the method of "trial and error" it aspired the Dream on unknown roads, which often stymied deadlocks. Among the many achieved results of Humanity by Plato's prompts, the (...) authors singled out "εἶδος", "reasonable" Numbers (1,2 ... 10), five of which (1,2 ... 5) were examples of Marx's formations. The found "εἶδος" lined up themselves and show the possibility of further building (11.12 ... 16) of the World Reason of God. This is Plato's "single right path", unambiguously leading to the universal Dream of Humanity – Truth of Good. (shrink)

A curious and comparatively neglected element of death penalty jurisprudence in America is my target in this paper. That element concerns the circumstances under which severely mentally disabled persons, incarcerated on death row, may have their sentences carried out. Those circumstances are expressed in a part of the law which turns out to be indefensible. This legal doctrine—competence-for-execution —holds that a condemned, death-row inmate may not be killed if, at the time of his scheduled execution, he lacks an awareness of (...) his impending death or the reasons for it. I argue that the law of CFE should be abandoned, along with the notion that it is permissible to kill the deeply disturbed just so long as they meet some narrow test of readiness to die. By adopting CFE, the courts have been forced to give independent conceptual and moral significance to a standard for competence that simply cannot bear the weight placed upon it. To be executable, CFE requires that a condemned prisoner meet a standard demonstrating an awareness of certain facts about his death. Yet this standard both leads to confusing and counter-intuitive results and is unsupported either by the reasons advanced by the courts on its behalf or by any of the standard theoretical justifications of criminal punishment. If executing the profoundly psychotic or delusional is wrong the law needs a better account of the wrong done when prisoners like Ford are killed. I suggest wherein that wrong might be located. (shrink)

This paper draws on work in the sciences of the mind to cast doubt on some assumptions that have often been made in the study of self-control. Contra a long, Aristotelian tradition, recent evidence suggests that highly self-controlled individuals do not have a trait very similar to continence: they experience relatively few desires that conflict with their evaluative judgments and are not especially good at directly and effortfully inhibiting such desires. Similarly, several recent studies have failed to support the view (...) that self-control capacities are constituted, at least in part, by excellent inhibitory executive function ability. I propose an alternative “indirect harmony” hypothesis about trait self-control. According to this hypothesis, if there is a character trait of being highly self-controlled, it consists in motivational harmony within the mind that is brought about through the effective use of indirect resistance strategies that prevent occurrent motivational conflict from emerging in the first place. If this hypothesis is correct, high trait self-control in actual humans does not fit neatly into the traditional categories of either continence or temperance. I conclude by drawing out several implications this hypothesis has for future research on trait self-control and its relation to executive functions. (shrink)

In general, CEO turnover has been researched widely following numerous studies in developed countries. Nevertheless, the determinants of CEO turnover are still unclear in transition countries of which the legal and regulatory framework are weak and financial systems and corporate govemance are underdeveloped. Therefore, examining determinants of CEO turnover in Vietnam, a transition country, helps to provide more evidence on the efficiency and effectiveness of corporate governance in transition countries. Furthermore, the examination helps to define weaknesses, and it, therefore, could (...) provide guidance to improve corporate governance in Vietnamese enterprises. (shrink)

Common psychopathy rating instrument sdistinguish between an interpersonal-affective and an antisocial dimension.The suggestion that the interpersonal-affective dimension,often considered to be the core feature of psychopathy,is positively associated with executive functioning is occasionally made in the literature, without reporting objective empirical data. The primary aim of thep resent paper was to search for empirical studies reporting relevant data, focussing on four aspects of 'cold' executive functioning: inhibition, attentional shifting, working memory, and planning. Eleven published articles wereidentified, reporting data of (...) 721 individuals from incarcerated and non-incarcerated,male and female,and adult and non-adult samples. Using a heterogeneous set of tests and dependent measures across studies, the inhibition and attentional shifting components were assessed in eight and five studies, respectively; the working memory and planning components each in two studies. A small majority of the studies found positive associations with the different executive functions, although the associations were mostly non-significant. Given the scarcity of studies and the use of heterogeneous populations,tests and statistical analyses, no robust conclusions can be drawn at this stage. Therefore,caution is needed when claiming a positive association between the interpersonal-affective features of psychopathy and executive functioning. Clearly more research is needed to further validate and specify the suggested association. (shrink)

Abstract: This study examined performance aptitude of successful marketing executives’ in Deposit Money Banks in Nigeria. The specific objectives include: (i) to determine the influence of aptitude on both objective and subjective performance of marketing executives in Nigerian Deposit Money Banks and (ii) to determine how these 17 aptitude variables: quantitative/math ability, cognitive ability, intelligent quotient, conscientiousness, neuroticism, openness, agreeableness, sociability, persuasiveness, aggressiveness, persistence, empathy, age, gender, marital status, height and body size/weight influence performance of marketing executives in Nigerian Deposit (...) Money Banks. Quantitative survey research design methodology was adopted for the study. By gathering primary data from 334 bank marketing executives and 219 business managers using structured questionnaire and MANCOVA statistical tool for testing the hypotheses and analyzing the data, findings revealed that: aptitude has strong and positive influence on both objective and subjective performance of marketing executives in Nigerian Deposit Money Banks and (ii) all the aptitude variables mentioned above have strong and positive influence on both objective and subjective performance of marketing executives in Nigerian Deposit Money Banks except gender, marital status and height. It was recommended that bank managers should pay adequate attention to those aptitude variables that have strong positive influence on performance of marketing executives and de-emphasize expenditures on those that do not. (shrink)

Philosophers often claim that studying philosophy helps people to become better thinkers. Thanks to a grant from the American Philosophical Association, we were able to test this claim empirically, using a large sample of students (N = 122,352) graduating from 369 colleges and universities across the United States between 2010 and 2019. We investigated whether philosophy majors show more growth than non-philosophy majors in intellectual traits like open-mindedness and a tendency to think carefully and thoroughly, as well as more personal (...) forms of growth that might be fostered by philosophical study (e.g., self-understanding). Additionally, although this was not our primary question, we sought to better understand what students who major in philosophy are like. Specifically, we examined the demographics of philosophy majors, the other subjects that they tend to study when they double major, and the patterns of adding and dropping of philosophy majors between freshman and senior year. (shrink)

Although most cultures have held honorableness to be a virtue of the first importance, contemporary analytic ethicists have just begun to consider honor’s nature and ethical worth. In this essay, I provide an analysis of the honor ethos and apply it to business ethics. Applying honor to business may appear to be a particularly challenging task, since (for reasons I discuss) honor has traditionally been seen as incompatible with commerce. Nonetheless, I argue here that two of the central virtues of (...) the honor ethos—competiveness and magnificence—are perfectly apt ones for rich business executives, who plausibly can be expected to work more for prestige and the thrill of competition than for wealth itself. In addition to making top executives more honorable people, the virtues of competitiveness and magnificence would have positive social effects: honorable competitiveness would intrinsically dispose executives to shun anti-competitive practices, and magnificence would encourage tycoons to redistribute their fortunes voluntarily through philanthropy. (shrink)

A new computational methodology for executing calculations with infinite and infinitesimal quantities is described in this paper. It is based on the principle ‘The part is less than the whole’ introduced by Ancient Greeks and applied to all numbers (finite, infinite, and infinitesimal) and to all sets and processes (finite and infinite). It is shown that it becomes possible to write down finite, infinite, and infinitesimal numbers by a finite number of symbols as particular cases of a unique framework. The (...) new methodology has allowed us to introduce the Infinity Computer working with such numbers (its simulator has already been realized). Examples dealing with divergent series, infinite sets, and limits are given. (shrink)

Cognitive flexibility, the adaptation of representations and responses to new task demands, improves dramatically in early childhood. It is unclear, however, whether flexibility is a coherent, unitary cognitive trait, or is an emergent dimension of task-specific performance that varies across populations with divergent experiences. Three-to 5-year-old English-speaking U.S. children and Tswana-speaking South African children completed two distinct language-processing cognitive flexibility tests: the FIM-Animates, a word-learning test, and the 3DCCS, a rule-switching test. U.S. and South African children did not differ in (...) word-learning flexibility but showed similar age-related increases. In contrast, U.S. preschoolers showed an age-related increase in rule-switching flexibility but South African children did not. Verbal recall explained additional variance in both tests but did not modulate the interaction between population sample (i.e., country) and task. We hypothesize that rule-switching flexibility might be more dependent upon particular kinds of cultural experiences, whereas word-learning flexibility is less cross-culturally variable. (shrink)

Recent legal cases illuminate the parameters for scrutiny of the organizational climate to ensure that a hostile environment does not exist. The lesson to derive is that this inquiry is not just about sexual harassment.

This Article explores the interpretation and construction of executive orders using as examples President Trump’s two executive orders captioned “Protecting the Nation From Foreign Terrorist Entry Into the United States” (the “Two Executive Orders”). President Trump issued the Two Executive Orders in the context of (among other things) Candidate Trump’s statements such as: “Islam hates us,” and “[W]e can’t allow people coming into this country who have this hatred.” President Trump subsequently provided further context including his (...) tweet about the second of his Two Executive Orders: “People, the lawyers and the courts can call [the second of the Two Executive Orders] whatever they want, but I am calling it what we need and what it is, a TRAVEL BAN!” Although President Trump replaced the first of the Two Executive Orders with the second one and although the Supreme Court by orders dated October 10, 2017 and October 24, 2017, vacated and remanded litigation involving the second order on grounds of mootness, the Two Executive Orders remain highly instructive for those who would understand the interpretation and construction of executive orders. This article therefore examines in detail the original speaker's (i.e., President Trump's) intended meaning and effect of the Two Executive Orders. It performs such examination using insights from the semiotic subfield of pragmatics, a semiotic subfield which explores how real-world people actually use, interpret, and construe language in various real-world contexts (including contexts where the issuer of the Two Executive Orders himself has claimed that “Islam hates us” and has tweeted “TRAVEL BAN!”). Using such insights of pragmatics, this Article also explores why reasonable judges thoroughly versed in legal theory, legal practice, and pragmatics should conclude that President Trump unlawfully targeted Muslims in the Two Executive Orders. This Article, among other things, also questions the sensibility of such notions as “facial legitimacy” to the extent such notions suggest text has meaning apart from context. Keywords: executive orders, speaker meaning, interpretation, construction, semiotics, pragmatics, originalism, speech acts, context, facial legitimacy, Constitutionality, First Amendment,Trump v. Int’l Refugee Assistance Project, Scalia, immigration, semantics, original meaning, travel ban, Trump, textualism. (shrink)

Maintaining systems of military plans is critical for military effectiveness, but is also challenging. Plans will become obsolete as the world diverges from the assumptions on which they rest. If too many ad hoc changes are made to intermeshed plans, the ensemble may no longer lead to well-synchronized and coordinated operations, resulting in the system of plans becoming itself incoherent. We describe in what follows an Adaptive Planning process that we are developing on behalf of the Air Force Research Laboratory (...) (Rome) with the goal of addressing problems of these sorts through cyclical collaborative plan review and maintenance. The interactions of world state, blue force status and associated plans are too complex for manual adaptive processes, and computer-aided plan review and maintenance is thus indispensable. We argue that appropriate semantic technology can 1) provide richer representation of plan-related data and semantics, 2) allow for flexible, non-disruptive, agile, scalable, and coordinated changes in plans, and 3) support more intelligent analytical querying of plan-related data. (shrink)

The suite of secretive national security programs initiated in the US since 9/11 has created debate not only about the merits of targeted killing, torture, secret detention, cyberwar, global signals intercepts, and data-mining, but about the very secrecy in which these programs were conceived, debated by government officials, and implemented. Law must be revealed to those who are expected to comply with its demands. Law is a mere pretext for coercion if the laws permitting the government to coerce people for (...) non-compliance are concealed. The purpose of this essay is to determine whether inhabitants of a liberal state—a type of state tracing the legitimacy of its coercive actions to the consent of the governed—also need to know the internal protocols and legal findings of the government agencies ostensibly serving them. To put this question another way, what, if anything, may government agencies in liberal states keep secret? (shrink)

This book extract (from‘WHY DO THEY TORTURE? a Sri Lankan Perspective’ (ASIN B0BTCF4LQV)) contributes to the literature by inter alia (1) identifying societal justification as incentivizing torture, (2) disclosing man’s innate cruelty and habitual recourse to elective disassociation as facilitating its unperturbed discharge and (3) deeming moral realization its universal panacea.

Comment on "The ethical 'elephant' in the death penalty 'room'". Arguments in defense of the death penalty typically fall into one of two groups. Consequentialist arguments point out beneficial aspects of capital punishment, normally focusing on deterrence, while non-consequentialist arguments seek to justify execution independently of its effects, for example, by appealing to the concept of retribution. Michael Keane's target article "The ethical 'elephant' in the death penalty 'room'" should, we believe, be read as an interesting new consequentialist defense of (...) physician involvement in capital punishment. (shrink)

The moot point of the Western philosophical rhetoric about free will consists in examining whether the claim of authorship to intentional, deliberative actions fits into or is undermined by a one-way causal framework of determinism. Philosophers who think that reconciliation between the two is possible are known as metaphysical compatibilists. However, there are philosophers populating the other end of the spectrum, known as the metaphysical libertarians, who maintain that claim to intentional agency cannot be sustained unless it is assumed that (...) indeterministic causal processes pervade the action-implementation apparatus employed by the agent. The metaphysical libertarians differ among themselves on the question of whether the indeterministic causal relation exists between the series of intentional states and processes, both conscious and unconscious, and the action, making claim for what has come to be known as the event-causal view, or between the agent and the action, arguing that a sort of agent causation is at work. In this paper, I have tried to propose that certain features of both event-causal and agent-causal libertarian views need to be combined in order to provide a more defendable compatibilist account accommodating deliberative actions with deterministic causation. The ‘‘agent-executed-eventcausal libertarianism’’, the account of agency I have tried to develop here, integrates certain plausible features of the two competing accounts of libertarianism turning them into a consistent whole. I hope to show in the process that the integration of these two variants of libertarianism does not challenge what some accounts of metaphysical compatibilism propose—that there exists a broader deterministic relation between the web of mental and extra-mental components constituting the agent’s dispositional system—the agent’s beliefs, desires, short-term and long-term goals based on them, the acquired social, cultural and religious beliefs, the general and immediate and situational environment in which the agent is placed, etc. on the one hand and the decisions she makes over her lifetime on the basis of these factors. While in the ‘‘Introduction’’ the philosophically assumed anomaly between deterministic causation and the intentional act of deciding has been briefly surveyed, the second section is devoted to the task of bridging the gap between compatibilism and libertarianism. The next section of the paper turns to an analysis of folk-psychological concepts and intuitions about the effects of neurochemical processes and prior mental events on the freedom of making choices. How philosophical insights can be beneficially informed by taking into consideration folk-psychological intuitions has also been discussed, thus setting up the background for such analysis. It has been suggested in the end that support for the proposed theory of intentional agency can be found in the folk-psychological intuitions, when they are taken in the right perspective. (shrink)

This morning I intended to get out of bed when my alarm went off. Hearing my alarm, I formed the intention to get up now. Yet, for a time, I remained in bed, irrationally lazy. It seems I irrationally failed to execute my intention. Such cases of execution failure pose a challenge for Mentalists about rationality, who believe that facts about rationality supervene on facts about the mind. For, this morning, my mind was in order; it was my action that (...) apparently made me irrational. What, then, should Mentalists say about the phenomenon of execution failure? The phenomenon of execution failure, and the puzzle it raises for Mentalists, have rarely been discussed. This paper addresses the puzzle in two parts. First, it argues that execution failure is a real phenomenon. It is possible for agents to irrationally fail to act on their present-directed intentions. It follows that Mentalists in the philosophy of action must solve the puzzle of explaining what is irrational about cases of execution failure. Second, this paper begins the search for such a solution. It considers six possible resolutions to the puzzle, arguing that none is obviously the most attractive. These resolutions include a requirement of overall conative consistency, an appeal to the norm of intention consistency, a form of Volitionalism, an appeal to factive mental states, and a proposal due to Garrett Cullity, and a novel requirement of proper functioning. (shrink)

Contrary to the widely-held view that our conscious states are necessarily private (in that only one person can ever experience them directly), in this paper I argue that it is possible for a person to directly experience the conscious states of another. This possibility removes an obstacle to thinking of conscious states as physical, since their apparent privacy makes them different from all other physical states. A separation can be made in the brain between our conscious mental representations and the (...) executive processes that manipulate them and are guided by them in planning and executing behaviour. I argue here that these executive processes are also largely responsible for producing our sense of self in the moment. Our conscious perceptual representations themselves reside primarily in the posterior portions of the brain's cortex, in the temporal and parietal lobes, while the executive processes reside primarily in the prefrontal lobes. We can imagine an experiment in which we sever the association fibers that connect the posterior regions with these prefrontal regions and, instead, connect the posterior regions to the prefrontal regions of another person. According to my hypothesis, this would produce in the latter person the direct experience of the conscious perceptual states of the first person. (shrink)

The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally (...) responsible for their actions, as they have the executive capacity to choose not to harm (and thus are legally rational). However, many unsuccessful psychopaths have a lack of executive function that should at least partially excuse them from criminal culpability. Although a successful psychopath's increased executive function may occur in conflict with, rather than in consonance with their increased autonomic activity - producing a cognitive style characterized by self deception and articulate-sounding, but unsound reasoning - they may be capable of recognizing and correcting their lack of autonomic data, and thus can be held responsible. (shrink)

Neuroscience can relate to ethics and normative issues via the brain’s cognitive control network. This network accomplishes several executive processes, such as planning, task-switching, monitoring, and inhibiting. These processes allow us to increase the accuracy of our perceptions and our memory recall. They also allow us to plan much farther into the future, and with much more detail than any of our fellow mammals. These abilities also make us fitting subjects for responsibility claims. Their activity, or lack thereof, is (...) at the heart of culpability. For instance, planning to kill someone is strong evidence of what the law calls mens rea—a guilty mind. Claims about norms, or ethical “should” claims, express two-level propositions, directed at the behaving person at one level, and at that person’s mind and cognitive control network at another level. Thus, “People should stop themselves from hurting others,” is a claim about how people should behave and also a claim about how their cognitive control networks should behave—i.e., they should inhibit harmful behavior, or the intentions leading up to it. Planning is both an ability of the full person, and of that person’s mind. Neuroscience affirms the common notion, seen both in law and folk psychology, that what makes us guilty or culpable are certain events and states that exist in our minds. Overt behavior, including speech, is fallible evidence of these states and processes. Cases of negligence still involve the executive processes, but “negatively,” in that negligence results when certain types of executive activity fail to take place. (shrink)

The patient with Capgras’ syndrome claims that people very familiar to him have been replaced by impostors. I argue that this disorder is due to the destruction of a representation that the patient has of the mind of the familiar person. This creates the appearance of a familiar body and face, but without the familiar personality, beliefs, and thoughts. The posterior site of damage in Capgras’ is often reported to be the temporoparietal junction, an area that has a role in (...) the mindreading system, a connected system of cortical areas that allow us to attribute mental states to others. Just as the Capgras’ patient claims that that man is not his father, the patient with asomatognosia claims that his arm is not really his. A similar account applies here, in that a nearby brain area, the supramarginal gyrus, is damaged. This area works in concert with the temporoparietal junction and other areas to produce a large representation of a mind inside a body situated in an environment. Damage to the mind-representing part of this system (coupled with damage to executive processes in the prefrontal lobes) causes Capgras’ syndrome, whereas damage to the body-representing part of this system (also coupled with executive damage) causes asomatognosia. (shrink)

Bortolotti argues that we cannot distinguish delusions from other irrational beliefs in virtue of their epistemic features alone. Although her arguments are convincing, her analysis leaves an important question unanswered: What makes delusions pathological? In this paper I set out to answer this question by arguing that the pathological character of delusions arises from an executive dysfunction in a subject’s ability to detect relevance in the environment. I further suggest that this dysfunction derives from an underlying emotional imbalance—one that (...) leads delusional subjects to regard some contextual elements as deeply puzzling or highly significant. (shrink)

This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and (...) extensive interviews with individuals drawn from government, agencies, and other parties, including counsel for public interest groups. This enables author, writing from her experience as a participant-observer embedded in the public interest legal sector, to draw on the experiences and perspectives of a broad range of participants in the regulatory process, including but not limited to those dealing with the regulated energy, transportation, communications, and foreign investment sectors. Legal principles identified as emergent in leading judicial decisions in administrative law are used to assess the powers and practices used in executive reviews and appeals. The author finds those powers and practices to be flawed and proposes changes. The proposed models are designed to accord with emerging legal principles and avoid flaws of the types identified in the review and appeal provisions. This work, written under contract with the Administrative Law Project of the Law Reform Commission of Canada, formed one part of a comprehensive study of administrative law at the federal level in Canada. (shrink)

The counterfactual account of physical computation is simple and, for the most part, very attractive. However, it is usually thought to trivialize the notion of physical computation insofar as it implies ‘limited pancomputationalism’, this being the doctrine that every deterministic physical system computes some function. Should we bite the bullet and accept limited pancomputationalism, or reject the counterfactual account as untenable? Jack Copeland would have us do neither of the above. He attempts to thread a path between the two horns (...) of the dilemma by buttressing the counterfactual account with extra conditions intended to block certain classes of deterministic physical systems from qualifying as physical computers. His theory is called the ‘algorithm execution account’. Here we show that the algorithm execution account entails limited pancomputationalism, despite Copeland’s argument to the contrary. We suggest, partly on this basis, that the counterfactual account should be accepted as it stands, pancomputationalist warts and all. (shrink)

Is attention both necessary and sufficient for consciousness? Call this central question of this treatise, “Q.” We commonly have the experience of consciously paying attention to something, but is it possible to be conscious of something you are not attending to, or to attend to something of which you are not conscious? Where might we find examples of these? This treatise is a quest to find an answer to Q in two parts. Part I reviews the foundations upon which the (...) discourse on Q is built. Different inputs to Q produce different answers. After consideration of the many ways “attention” and “consciousness” have been defined, I settle upon phenomenal consciousness and Executive Attention (defined as a suite of strategies for structuring cognition for further processing implemented by the executive of working memory) as the most interesting inputs to Q, and the ones on which Part II focuses. Attention without consciousness seems relatively easy to establish empirically, but consciousness without attention is much harder. The putative candidates all seem to have major problems, but I build a strong abductive case for the hitherto ignored case of foveal phenomenal overflow. We consciously see far more detail in our foveal fields than we can Executively Attend, although there is a serious obstacle to our ever confirming that empirically—identifying conscious content relies on Executive Attentional report. Triangulating the capacity limitations of attention, consciousness, and working memory strengthens this case for consciousness without attention, and suggests that cognition must work something like my “Witches’ Hat Model,” on which content can become conscious outside of Executive Attention or working memory. I conclude with some reflections on the implications of my arguments for the discourse on Q, and for other discourses such as the ontologies of attention and consciousness, theories of consciousness, some other cognitive concepts, and ethical considerations in humans, animals, and machines. A conclusive answer to Q continues to elude us. It may perhaps be an ultimately insoluble conundrum. But it is the very essence of humanity to seek an answer, and in so doing, to improve our understanding of our own nature: “The proper study of mankind is man.”1. (shrink)

US criminal courts have recently moved toward seeing juveniles as inherently less culpable than their adult counterparts, influenced by a growing mass of neuroscientific and psychological evidence. In support of this trend, this chapter argues that the criminal law’s notion of responsible agency requires both the cognitive capacity to understand one’s actions and the volitional control to conform one’s actions to legal standards. These capacities require, among other things, a minimal working set of executive functions—a suite of mental processes, (...) mainly realized in the prefrontal cortex, such as planning and inhibition—which remain in significant states of immaturity through late adolescence, and in some cases beyond. Drawing on scientific evidence of how these cognitive and volitional capacities develop in the maturing brain, the authors sketch a scalar structure of juvenile responsibility, and suggest some possible directions for reforming the juvenile justice system to reflect this scalar structure. (shrink)

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

I. EXECUTIVE SUMMARY The MRCT Center Post-trial Responsibilities: Continued Access to an Investigational Medicine Framework outlines a case-based, principled, stakeholder approach to evaluate and guide ethical responsibilities to provide continued access to an investigational medicine at the conclusion of a patient’s participation in a clinical trial. The Post-trial Responsibilities (PTR) Framework includes this Guidance Document as well as the accompanying Toolkit. A 41-member international multi-stakeholder Workgroup convened by the Multi-Regional Clinical Trials Center of Brigham and Women’s Hospital and Harvard (...) University (MRCT Center) developed this Guidance and Toolkit. Project Motivation A number of international organizations have discussed the responsibilities stakeholders have to provide continued access to investigational medicines. The World Medical Association, for example, addressed post-trial access to medicines in Paragraph 34 of the Declaration of Helsinki (WMA, 2013): “In advance of a clinical trial, sponsors, researchers and host country governments should make provisions for post-trial access for all participants who still need an intervention identified as beneficial in the trial. This information must also be disclosed to participants during the informed consent process.” This paragraph and other international guidance documents converge on several consensus points: • Post-trial access (hereafter referred to as “continued access” in this Framework [for terminology clarification – see definitions]) is the responsibility of sponsors, researchers, and host country governments; • The plan for continued access should be determined before the trial begins, and before any individual gives their informed consent; • The protocol should delineate continued access plans; and • The plan should be transparent to potential participants and explained during the informed consent process. -/- However, there is no guidance on how to fulfill these responsibilities (i.e., linking specific responsibilities with specific stakeholders, conditions, and duration). To fill this gap, the MRCT Center convened a working group in September of 2014 to develop a framework to guide stakeholders with identified responsibilities. This resultant Framework sets forth applicable principles, approaches, recommendations and ethical rationales for PTR regarding continued access to investigational medicines for research participants. (shrink)

In this paper I articulate a view of doxastic control that helps defend the legitimacy of our practice of blaming people for their beliefs. I distinguish between three types of doxastic control: intention-based, reason-based, and influence-based. First I argue that, although we lack direct intention-based control over our beliefs, such control is not necessary for legitimate doxastic blame. Second, I suggest that we distinguish two types of reason-responsiveness: sensitivity to reasons and appreciation of reasons. I argue that while both capacities (...) are necessary for satisfying the control condition, neither is sufficient. Finally, I defend an influence-based view of doxastic control according to which we have the capacity to execute intentions to engage in reflection that causally influences our beliefs in positive epistemic ways. This capacity is both necessary and sufficient for satisfying the control condition for legitimate doxastic blame. I end by defending the view from two objections: that reflection is not necessary for meeting the control condition, and that it is not sufficient. (shrink)

Anydomainofscientificresearchhasitssustainingorthodoxy. Thatis, research on a problem, whether in astronomy, physics, or biology, is con- ducted against a backdrop of broadly shared assumptions. It is these as- sumptionsthatguideinquiryandprovidethecanonofwhatisreasonable-- of what "makes sense." And it is these shared assumptions that constitute a framework for the interpretation of research results. Research on the problem of how we see is likewise sustained by broadly shared assump- tions, where the current orthodoxy embraces the very general idea that the business of the visual system is to (...) create a detailed replica of the visual world, and that it accomplishes its business via hierarchical organization and by operatingessentiallyindependently of other sensorymodalitiesas well as independently of previous learning, goals, motor planning, and motor execution. (shrink)

Inner speech travels under many aliases: the inner voice, verbal thought, thinking in words, internal verbalization, “talking in your head,” the “little voice in the head,” and so on. It is both a familiar element of first-person experience and a psychological phenomenon whose complex cognitive components and distributed neural bases are increasingly well understood. There is evidence that inner speech plays a variety of cognitive roles, from enabling abstract thought, to supporting metacognition, memory, and executive function. One active area (...) of controversy concerns the relation of inner speech to auditory verbal hallucinations in schizophrenia, with a common proposal being that sufferers of AVH misidentify their own inner speech as being generated by someone else. Recently, researchers have used artificial intelligence to translate the neural and neuromuscular signatures of inner speech into corresponding outer speech signals, laying the groundwork for a variety of new applications and interventions. (shrink)

In August 2017, Google executives found themselves in a difficult position. An internal memo written by a disgruntled software engineer, James Damore, had just gone viral. In this memo, Damore claimed that the relatively small number of women in the tech industry was partly due to biological factors, and that many of Google’s diversity efforts were therefore counterproductive. The contents of this memo were offensive to many (and thus were having a negative impact on the overall workplace environment), but the (...) executives were aware that the wrong reaction to it would at least partially vindicate Damore’s claims about the lack of open discussion at Google. In the end, after two days of controversy, Google leadership decided to fire Damore on the grounds that he had violated the company’s code of conduct. This case gives students an opportunity to explore the numerous issues raised by Damore’s memo and the controversy surrounding it. Did Google handle this case properly? Was firing Damore the right thing to do? How could the situation have been handled more effectively? (shrink)

This essay examines how Husserl stretches the bounds of his philosophy of meaning, according to which all propositions are categorical, to account for existential propositions, which seem to lack predicates. I examine Husserl’s counterintuitive conclusion that an existential proposition does possess a predicate and I explore his endeavor to pinpoint what that predicate is. This goal is accomplished in three stages. First, I examine Husserl’s standard theory of predication and categorial intuition from his 1901 Logical Investigations. Second, I show how (...) Husserl imposes those 1901 insights to uncover the predicate of the existential proposition in unpublished manuscripts and lectures. He determines that the existential proposition predicates of the subject, that it corresponds to an actual object. This analysis reveals that Husserl’s descriptions of existential propositions from the late 1890s employed both static and genetic methodologies. In those texts, he carefully untangles and clarifies the co-enmeshed passive and active moments of consciousness and shows that the passive givenness of certain circumstances is the condition of possibility for our active verifying of propositions. Finally, I execute a critical assessment of Husserl’s thought to reveal that, while his insights about existential propositions are largely correct, they are augmented by re-construing them within the context of his mature philosophy. Only by renouncing his metaphysical neutrality and by accounting for intersubjectivity, can Husserl properly clarify existential propositions. (shrink)

Dietrich Bonhoeffer was executed in Flossenbürg concentration camp in Germany in 1945 for being an “upstander” in Rivka Weinberg’s sense. He was an anti-Nazi conspirator, and he and some of his fellow Christians (he was a Lutheran pastor) were hanged in connection with a failed attempt to assassinate Adolph Hitler. Bonhoeffer’s resistance to racist hatred stands in sharp contrast to what he calls “Christian radicalism,” a total withdrawal from or an attempt to “improve” upon God’s creation, something Bonhoeffer characterizes as (...) “hatred” of the world. “When evil becomes powerful in the world,” he wrote, “it infects the Christian, too, with the poison of radicalism” (Bonhoeffer 1955, 87). He presumably had Christian collaboration with Nazi genocide in mind. Today different examples might occur to us. ... (shrink)

The key assumption behind evolutionary epistemology is that animals are active learners or ‘knowers’. In the present study, I updated the concept of natural learning, developed by Henry Plotkin and John Odling-Smee, by expanding it from the animal-only territory to the biosphere-as-a-whole territory. In the new interpretation of natural learning the concept of biological information, guided by Peter Corning’s concept of “control information”, becomes the ‘glue’ holding the organism–environment interactions together. The control information guides biological systems, from bacteria to ecosystems, (...) in the process of natural learning executed by the universal algorithm. This algorithm, summarized by the acronym IGPT (information-gain-process-translate) incorporates natural cognitive methods including sensing/perception, memory, communication, and decision-making. Finally, the biosphere becomes the distributed network of communicative interactions between biological systems termed the interactome. The concept of interactome is based on Gregory Bateson’s natural epistemology known as the “ecology of mind”. Mimicking Bateson’s approach, the interactome may also be designated “physiology of mind”—the principle behind regulating the biosphere homeostasis. (shrink)