In this paper, I aim to show that agency-based accounts of moral status are more plausible than many have previously thought. I do this by developing a novel account of moral status that takes agency, understood as the capacity for intentional action, to be the necessary and sufficient condition for the possession of moral status. This account also suggests that the capacities required for sentience entail the possession of agency, and the capacities required for agency, entail the possession of sentience. (...) Thus on this account sentient beings possess agency and agents possess sentience. If this is correct, it will show that an Agency Account of moral status can offer a plausible defence of the moral status of all sentient beings, something that previous Agency Accounts have not succeeded in doing. What is more, this account could establish that all sentient animals are not just moral status holders per se, but that they are owed pro tanto obligations regarding continued existence and liberty, similar in kind, though not always in strength, to those owed to humans. (shrink)

The prevalent views of animal liberty among animal advocates suggest that liberty is merely instrumentally valuable and invasive paternalism is justified. In contrast to this popular view, I argue that liberty is intrinsically good for animals. I suggest that animal well-being is best accommodated by an Objective List Theory and that liberty is an irreducible component of animal well-being. As such, I argue that it is good for animals to possess liberty even if possessing liberty does not contribute towards their (...) subjective well-being, and even in some cases where it has a negative effect upon their subjective well-being. To establish this view I argue that if animals are agents, as I assume they are, then like humans they must be able to determine the course of their own lives (to some extent). Further, having the opportunity to self-determine one’s life just is the very same thing as liberty, and having the opportunity to determine the course of one’s life is intrinsically good. Thus liberty has intrinsic value for humans and animals. So, in addition to the instrumental harms of having one’s liberty restricted, I claim that restricting animals’ liberty in principle harms them because it undermines their capacity for self-determination and fails to acknowledge their authority as agents to make their own choices. (shrink)

All of us, including scientists, make judgments about what is true or false, probable or improbable. And in the process, we frequently appeal to concepts such as evidential support or explanation. Bayesian philosophers of science have given illuminating formal accounts of these concepts. This paper aims to follow in their footsteps, providing a novel formal account of various additional concepts: the likelihood-prior trade-off, successful accommodation of evidence, ad hocness, and, finally, consilience—sometimes also called “unification”. Using these accounts, I also provide (...) a new Bayesian analysis of how someone such as Charles Darwin hypothetically could have reasoned in favor of evolution over special creationism. Lastly, I explore how these accounts relate to other topics and accounts in philosophy, and I chart out some areas for further research. (shrink)

This article examines the potential for moral agency in human resource management practice. It draws on an ethnographic study of human resource managers in a global organization to provide a theorized account of situated moral agency. This account suggests that within contemporary organizations, institutional structures—particularly the structures of Anglo-American market capitalism— threaten and constrain the capacity of HR managers to exercise moral agency and hence engage in ethical behaviour. The contextualized explanation of HR management action directly addresses the question of (...) whether HRM is inherently unethical. The discussion draws on MacIntyre’s conceptualization of moral agency within contemporary social structures. In practice, HR managers embody roles that may not be wholly compartmentalized. Alternative institutional structures can provide HR managers with a vocabulary of motives for people-centred HRM and widen the scope for the exercising of moral agency, when enacted within reflective relational spaces that provide milieus for critical questioning of logics and values. This article aims to contribute to and extend debate on whether HRM can ever be ethical, and provide a means of reconnecting business ethics with longstanding concerns in critical management studies. (shrink)

Many ideas from Georg Nortoff’s works (published one paper in 2010, mainly his book in 2011, other papers in 2012, 2103, 2014, especially those related to Kant’s philosophy and the notion of the “observer”, the mind-brain problem, default mode network, the self, the mental states and their “correspondence” to the brain) are surprisingly very similar to my ideas published in my article from 2002, 2005 and my book from 2008. In two papers from 2002 (also my paper from 2005 and (...) my book 2008), following Kant’s philosophy, I introduced the notion of the “observer” for the mind-brain problem. After 2010 (mainly his book 2011 and other papers after this book), Nortoff also uses Kant’s philosophy (even if his knowledge about Kant’s philosophy is very superficial!) and the notion of the “observer” for the mind-brain problem in a methodology very similar to my methodology. Moreover, instead of EDWs, Nortoff uses a kind of “transdisciplinary” view, quite close to parallelism – the closest approach to my EDWs! In his works until 2014, Northoff’s conclusion within the unicorn world was different than my conclusion. However, in his book 2014 (two volumes) using notions like “correlations” and even “correspondences” many times, his conclusion is very closed to my EDWs! This dramatic change of framework in 3 years is quite unbelievable!!! Incredible many ideas from this book are very similar to my ideas from 2005 and 2008! (shrink)

I respond to Karin de Boer, Thomas Land, and Claudio La Rocca’s comments on Kant’s Critique of Pure Reason and the Method of Metaphysics (CUP 2023). I first provide a quick outline of some of the main claims I make in the book. I then directly address their criticisms, which I group into three categories. The first group of comments raises doubts concerning my characterization of the central tasks of the critique of pure reason. The second targets the fact that (...) I downplay faculty analysis as an essential characteristic of the critique. The third has to do with my claim that the Critique of Pure Reason aims to show that metaphysics is capable of architectonic unity, where this unity is only achievable when we construe metaphysics according to the worldly concept of philosophy. (shrink)

In this paper, I distinguish three general approaches to public trust in science, which I call the individual approach, the semi-social approach, and the social approach, and critically examine their proposed solutions to what I call the problem of harmful distrust. I argue that, despite their differences, the individual and the semi-social approaches see the solution to the problem of harmful distrust as consisting primarily in trying to persuade individual citizens to trust science and that both approaches face two general (...) problems, which I call the problem of overidealizing science and the problem of overburdening citizens. I then argue that in order to avoid these problems we need to embrace a (thoroughly) social approach to public trust in science, which emphasizes the social dimensions of the reception, transmission, and uptake of scientific knowledge in society and the ways in which social forces influence both positively and negatively the trustworthiness of science. (shrink)

Public reason liberalism is defined by the idea that laws and policies should be justifiable to each person who is subject to them. But what does it mean for reasons to be public or, in other words, suitable for this process of justification? In response to this question, Kevin Vallier has recently developed the traditional distinction between consensus and convergence public reason into a classification distinguishing three main approaches: shareability, accessibility and intelligibility. The goal of this paper is to defend (...) the accessibility approach by demonstrating its ability to strike an appealing middle course in terms of inclusivity between shareability and intelligibility. We first argue against Vallier that accessibility can exclude religious reasons from public justification. Second, we use scientific reasons as a case study to show that accessibility excludes considerably fewer reasons than shareability. Throughout the paper, we connect our discussion of accessibility to John Rawls’s model of public reason, so as to give substance to the accessibility approach and to further our understanding of Rawls’s influential model. (shrink)

I develop an interpretation of Maurice Merleau-Ponty's concept of motor intentionality, one that emerges out of a reading of his presentation of a now classic case study in neuropathology—patient Johann Schneider—in Phenomenology of Perception. I begin with Merleau-Ponty's prescriptions for how we should use the pathological as a guide to the normal, a method I call triangulation. I then turn to his presentation of Schneider's unusual case. I argue that we should treat all of Schneider's behaviors as pathological, not only (...) his abstract movements, as is commonly acknowledged in the secondary literature, but also crucially his concrete movements. Using these facts of Schneider's illness, I reconstruct a ‘fundamental function’ of consciousness, as Merleau-Ponty called it, in which there are two kinds of bodily agency: the power of the body to be solicited by a situation and the power of the body to project a situation. I propose that these powers became dissociated in Schneider's case, as evidenced by his abstract and concrete movements, while in the normal case, these powers comprise a dynamic unity, enacted as motor intentionality. I also discuss how my interpretation complements Merleau-Ponty's assertion that motor intentions exist between mind and matter. (shrink)

It is seemingly bad for animals to have their desires modified in at least some cases, for instance where brainwashing or neurological manipulation takes place. In humans, many argue that such modification interferes with our positive liberty or undermines our autonomy but this explanation is inapplicable in the case of animals as they lack the capacity for autonomy in the relevant sense. As such, the standard view has been that, despite any intuitions to the contrary, the modification of animals’ desires (...) is not harmful (at least not in itself). In this article, I offer a different perspective on this issue, laying the foundations of a novel argument in defence of the view that animals _can_ be harmed by desire modification directly. I suggest that the modification of an animal’s desires (under certain circumstances) is harmful for that animal because it undermines their agency. (shrink)

Some animal defenders are committed to complete abstinence from animal products. However the strongest arguments for adopting veganism only seem to require that one avoid using animal products, where use or procurement of these products will harm sentient animals. As such, there is seemingly a gap between our intuition and our argument. In this article I attempt to defend the more comprehensive claim that we have a moral reason to avoid using animal products, regardless of the method of procurement. I (...) argue that animal bodies give rise to properties which grant sentient animals’ moral status and in light of this, animal bodies possess final value in themselves. This final value gives us a moral reason not to commodify animal bodies, which means we have a defeasible reason to abstain from using animal products in almost all circumstances. (shrink)

What is it for a picture to depict a scene? The most orthodox philosophical theory of pictorial representation holds that depiction is grounded in resemblance. A picture represents a scene in virtue of being similar to that scene in certain ways. This essay presents evidence against this claim: curvilinear perspective is one common style of depiction in which successful pictorial representation depends as much on a picture's systematic differences with the scene depicted as on the similarities; it cannot be analyzed (...) in terms of similarity alone. The same problem arises for many other kinds of depiction. The essay concludes that depiction in general is not grounded in resemblance but geometrical transformation. (shrink)

Ground offers the hope of vindicating and illuminating an classic philosophical idea: the layered conception, according to which reality is structured by relations of dependence, with physical phenomena on the bottom, upon which chemistry, then biology, and psychology reside. However, ground can only make good on this promise if it is appropriately formally behaved. The paradigm of good formal behavior can be found in the currently dominant grounding orthodoxy, which holds that ground is transitive, antisymmetric, irreflexive, and foundational. However, heretics (...) have recently challenged the orthodoxy. In this paper, I examine ground’s ability to vindicate the layered conception upon various relaxations of the orthodox assumptions. I argue that highly unorthodox views of ground can still vindicate the layered conception and that, in some ways, the heretical views enable ground to better serve as a guide to reality’s layering than do orthodox views of ground. (shrink)

Neuroeconomics illustrates our deepening descent into the details of individual cognition. This descent is guided by the implicit assumption that “individual human” is the important “agent” of neoclassical economics. I argue here that this assumption is neither obviously correct, nor of primary importance to human economies. In particular I suggest that the main genius of the human species lies with its ability to distribute cognition across individuals, and to incrementally accumulate physical and social cognitive artifacts that largely obviate the innate (...) biological limitations of individuals. If this is largely why our economies grow, then we should be much more interested in distributed cognition in human groups, and correspondingly less interested in individual cognition. We should also be much more interested in the cultural accumulation of cognitive artefacts: computational devices and media, social structures and economic institutions. (shrink)

Millikan's famous oil drop experiment is scrutinized from the viewpoint of the methodological dicta of the credibility revolution.

It is common to distinguish two great families of representation. Symbolic representations include logical and mathematical symbols, words, and complex linguistic expressions. Iconic representations include dials, diagrams, maps, pictures, 3-dimensional models, and depictive gestures. This essay describes and motivates a new way of distinguishing iconic from symbolic representation. It locates the difference not in the signs themselves, nor in the contents they express, but in the semantic rules by which signs are associated with contents. The two kinds of rule have (...) divergent forms, occupying opposite poles on a spectrum of naturalness. Symbolic rules are composed entirely of primitive juxtapositions of sign types with contents, while iconic rules determine contents entirely by uniform natural relations with sign types. This distinction is marked explicitly in the formal semantics of familiar sign systems, both for atomic first-order representations, like words, pixel colors, and dials, and for complex second-order representations, like sentences, diagrams, and pictures. (shrink)

Tagging is the phenomenon in which regions of a picture, map, or diagram are annotated with words or other symbols, to provide descriptive information about a depicted object. The interpretive principles that govern tagged images are not well understood, due in part to the difficulty of integrating pictorial and linguistic semantic rules. Rather than directly combining these rules, I propose to use the framework of perspectival feature maps as an intermediary representation of content, in which the outputs of pictorial and (...) linguistic interpretation may be assimilated. The result is a simple and compositional semantics for tagged images. (shrink)

Gilbert Ryle famously wrote that practical knowledge (knowing how) is distinct from propositional knowledge (knowing that). This claim continues to have broad philosophical appeal, and yet there are many unsettled questions surrounding Ryle’s basic proposal. In this article, I return to his original work in order to perform some intellectual archeology. I offer an interpretation of Ryle’s concept of action that I call ‘adverbialism’. Actions are constituted by bodily behaviours performed in a certain mode, style or manner. I present various (...) challenges to adverbialism – scenarios in which it seems we publicly behave one way, but privately feel another. And I offer a response – Ryle’s stated practice of re-describing those situations in ways that pose no threat to his adverbialism. I also present an interpretation of practical knowledge in Ryle’s work. Knowing how is a special kind of action, undertaken only when we progressively self-modify our behaviours in the presence of new challenges or opportunities. (shrink)

This paper explores the socio-epistemic practice of shopping for experts. I argue that expert shopping is particularly likely to occur on what Thi Nguyen calls cognitive islands. To support my argument, I focus on macroeconomics. First, I make a prima-facie case for thinking that macroeconomics is a cognitive island. Then, I argue that ordinary people are particularly likely to engage in expert shopping when it comes to macroeconomic matters. In particular, I distinguish between two kinds of expert shopping, which I (...) call cynical and wishful, and introduce the notion of assisted expert shopping, which occurs when people or organizations shop for experts on behalf of other people. I argue that assisted expert shopping can sometime result in what I call a propagandistic use of expertise. Finally, I critically examine some possible reasons for optimism and find them wanting. I conclude by suggesting that that much of what I said about shopping for macroeconomic experts might also apply mutatis mutandis to other policy-relevant domains of expertise. (shrink)

A filosofia da memória é uma área na qual se convergem conhecimentos próprios da filosofia, assim como de evidências empíricas provenientes da área da psicologia cognitiva e das neurociências. Um dos problemas vigentes dentro da filosofia da memória se concentra na busca de uma definição precisa de nossas memórias episódicas, isto é, nossas memórias de eventos do passado. Uma característica inescapável para qualquer definição precisa da memória episódica concerne sua fenomenologia específica. Apesar de ser um elemento majoritariamente estudado na psicologia, (...) vemos recentemente que a filosofia pode ajudar a clarificar a definição dessa fenomenologia. Além disso, as teorias filosóficas sobre a memória também têm um impacto significativo na maneira como entendemos a memória dentro das ciências empíricas. Assim, o objetivo desse artigo é a definição da fenomenologia da memória episódica, assim como a demonstração de sua fundamental importância para as teorias filosóficas mais recentes sobre a memória episódica. Acredito que através dessa clarificação, estaremos mais bem preparados para caminharmos em direção a um entendimento mútuo e interdisciplinar dessa capacidade cognitiva. (shrink)

The victims of severe injustice are allowed to employ disruption and violence to seek political change. This article argues for this conclusion from within Rawlsian political liberalism, which, however, has been criticised for allegedly imposing public reason’s suffocating norms of civility on the oppressed. It develops a novel view of the applicability of public reason in non-ideal circumstances – the “no self-sacrifice view” – that focuses on the excessive costs of following public reason when suffering from severe injustice. On this (...) view, those treated in what Rawls describes as less than a reasonably just way are relieved of the duty of public reason and therefore entitled to employ disruption and violence. In contrast, their privileged fellow citizens must still obey public reason’s civility unless they have been authorised by the oppressed to join their fight. This article also starts exploring from within political liberalism the normative principles governing disruptive and violent protest. (shrink)

Normative political theorists have been growing more and more aware of the many difficult questions raised by the discretionary power inevitably left to public administrators. This article aims to advance a novel normative principle, called ‘principle of restraint’, regulating reform of established administrative agencies. I argue that the ability of public administrators to exercise their power in accordance with the requirements of public reason is protected by an attitude of restraint on the part of potential reformers. Specifically, they should refrain (...) from any reform of an administrative agency that involves a switch to a considerably more loosely interconnected system of values underlying the work of that agency. To illustrate the importance of the principle of restraint, I examine a case from British health policy, showing that a recent reform of the National Institute for Health and Care Excellence well exemplifies the serious problems brought by any violation of that principle. (shrink)

A semantics of pictorial representation should provide an account of how pictorial signs are associated with the contents they express. Unlike the familiar semantics of spoken languages, this problem has a distinctively spatial cast for depiction. Pictures themselves are two-dimensional artifacts, and their contents take the form of pictorial spaces, perspectival arrangements of objects and properties in three dimensions. A basic challenge is to explain how pictures are associated with the particular pictorial spaces they express. Inspiration here comes from recent (...) proposals that analyze depiction in terms of geometrical projection. In this essay, I will argue that, for a central class of pictures, the projection-based theory of depiction provides the best explanation for how pictures express pictorial spaces, while rival perceptual and resemblance theories fall short. Since the composition of pictorial space is itself the basis for all other aspects of pictorial content, the proposal provides a natural foundation for further pictorial semantics. (shrink)

Norman Daniels’s theory of ‘accountability for reasonableness’ is an influential conception of fairness in healthcare resource allocation. Although it is widely thought that this theory provides a consistent extension of John Rawls’s general conception of justice, this paper shows that accountability for reasonableness has important points of contact with both utilitarianism and intuitionism, the main targets of Rawls’s argument. My aim is to demonstrate that its overlap with utilitarianism and intuitionism leaves accountability for reasonableness open to damaging critiques. The important (...) role that utilitarian-like cost-effectiveness calculations are allowed to play in resource allocation processes disregards the separateness of persons and is seriously unfair towards individuals whose interests are sacrificed for the sake of groups. Furthermore, the function played by intuitions in settling frequent value conflicts opens the door for sheer custom and vested interests to steer decision-making. (shrink)

My two daughters would love to go tobogganing down the hill by themselves, but they are just toddlers and I am an apprehensive parent, so, before letting them do so, I want to ensure that the toboggan won’t go too fast. But how fast will it go? One way to try to answer this question would be to tackle the problem head on. Since my daughters and their toboggan are initially at rest, according to classical mechanics, their final velocity will (...) be determined by the forces they will be subjected to between the moment the toboggan will be released at the top of the hill and the moment it will reach its highest speed. The problem is that, throughout their downhill journey, my daughters and the toboggan will be subjected to an incredibly large number of forces—from the gravitational pull of any massive object in the universe to the weight of the snowflake that is sitting on the tip of one of my youngest daughter’s hairs—so that any attempt to apply the theory directly to the real-world system in all its complexity seems to be doomed to failure. (shrink)

Carnap’s seminal ‘Empiricism, Semantics and Ontology’ makes important use of the notion of a framework and the related distinction between internal and external questions. But what exactly is a framework? And what role does the internal/external distinction play in Carnap’s metaontology? In an influential series of papers, Matti Eklund has recently defended a bracingly straightforward interpretation: A Carnapian framework, Eklund says, is just a natural language. To ask an internal question, then, is just to ask a question in, say, English. (...) To try to ask an external question is to try, absurdly, to ask a question in no language at all. Finding that so trivial an I/e distinction can’t help to explain Carnap’s deflationary metaontology, Eklund is led to attribute to Carnap a view he calls ontological pluralism. In this paper, I show that Eklund misreads Carnap, and I argue that this misreading obscures fundamental features of Carnap’s philosophy. I then defend an account of frameworks as what Carnap called semantical systems, and I place this account in the context of Carnap’s philosophical program of explication. Finally, I discuss the role that frameworks and the I/e distinction play in ESO, showing that ESO provides no reason to attribute the doctrine of ontological pluralism to Carnap. (shrink)

Este artigo objetiva discutir o tema da autoficção e apresentar a possibilidade de utilizá-lo para a interpretação de obras filosóficas, destacadamente o livro Ecce homo de Friedrich Nietzsche e, secundariamente, Testo junkie de Paul B. Preciado. Para tanto, primeiro, abordarei a relação entre filosofia e literatura no contexto que alguns pensadores contemporâneos têm nomeado cultura literária. Em um segundo momento, traçarei uma breve história da formação da noção de autoficção e da consolidação do termo para demarcar um subgênero literário. Em (...) seguida, apresentarei elementos de Ecce homo que me parecem permitir enquadrá- lo no campo da autoficção. Na última parte, serão retomadas as articulações entre literatura e filosofia, analisando- se brevemente um exemplar de autoficção no pensamento contemporâneo, Testo junkie, para sugerir que a aproximação de tal subgênero contribui para a compreensão tanto do lugar da filosofia na cultura literária quanto aspectos de nosso tempo. (shrink)

In this paper, I try to make sense of some puzzling claims that Peirce makes in the Cambridge conferences lectures. I identify four tasks that a successful interpretation of those claims must accomplish. First, we must provide a plausible reading of the “no belief in science” thesis. Second, we must provide a compelling interpretation of the “no science in vital matters” thesis. Third, we must explain Peirce’s distinction between two forms of holding for true. Fourth, we should be able to (...) solve the conflict with “The fixation of belief.” I start by analysing Christopher Hookway’s reading of Peirce’s claims because he clearly identifies these tasks and offers an interpretation with considerable merits. However, I identify a problem in Hookway’s reading, since he fails to account for a normative dimension of the “no science in vital matters” thesis. Finally, I sketch my attempt to accomplish these four tasks while also avoiding this latter problem. (shrink)

Drawing from empirical literature on ecological psychology, affective neuroscience, and philosophy of mind, this article describes a model of affect-as-motivation in the intentional bond between organism and environment. An epistemological justification for the motivating role of emotions is provided through articulating the perceptual context of emotions as embodied, situated, and functional, and positing perceptual salience as a biasing signal in an affordance competition model. The motivational role of affect is pragmatically integrated into discussions of action selection in the neurosciences.

This chapter examines Wittgenstein’s battles with the profound anxiety that can arise in response to a sense of the radical contingency of everything one is and everything one cares about. By giving particular attention to entries in Wittgenstein’s ‘Koder Diaries’ from the 1930s, the chapter analyses the nature of ‘the problem of life’ both as it manifested in Wittgenstein’s own life and as a universally relevant problem. It then defends the seriousness of the problem by reconstructing ways in which Wittgenstein (...) might have responded to questions about whether life really is as problematically precarious as his most angst-ridden diary entries seem to presume. (Abstract adapted from Mikel Burley’s ‘Introduction: Wittgenstein, Religion and Ethics: Seeing the Connections’, p. 7). (shrink)

In this chapter, I investigate a problem for Kant’s claim that metaphysics can reach the status of science. The problem arises when one considers Kant’s account of the “architectonic unity” of metaphysics in the Architectonic of Pure Reason. Attaining architectonic unity is a condition for becoming a science for any body of cognitions that purports to be such. This is achieved when the cognitions belonging to a science are systematically organized according to the “idea of reason” which lies at the (...) basis of that science. However, Kant suggests that nobody can ever legitimately claim to have matched the idea of the philosopher, where this appears to imply that nobody can justifiably claim that she has fully grasped the idea of metaphysics. This generates a problem. I suggest that when Kant claims that the idea of the philosopher must remain an ideal or an archetype, he has a particular conception of philosophy in mind, that is, philosophy as a doctrine of wisdom. According to this understanding, philosophy must provide an example of how one can become virtuous. However, this is only a partial solution to our problem, for reasons that will be illustrated. (shrink)

The last couple of decades have witnessed a renewed interest in the notion of inductive risk among philosophers of science. However, while it is possible to find a number of suggestions about the mitigation of inductive risk in the literature, so far these suggestions have been mostly relegated to vague marginal remarks. This paper aims to lay the groundwork for a more systematic discussion of the mitigation of inductive risk. In particular, I consider two approaches to the mitigation of inductive (...) risk—the individualistic approach, which maintains that individual scientists are primarily responsible for the mitigation of inductive risk, and the socialized approach, according to which the responsibility for the mitigation of inductive risk should be more broadly distributed across the scientific community or, even more broadly, across society. I review some of the argument for and against the two approaches and introduce two new problems for the individualistic approach, which I call the problem of precautionary cascades and the problem of exogenous inductive risk, and I argue that a socialized approach might alleviate each of these problems. (shrink)

This article discusses the growth of the populist radical right as a concrete example of the scenario where liberal democratic ideas are losing support in broadly liberal democratic societies. Our goal is to enrich John Rawls’ influential theory of political liberalism. We argue that even in that underexplored scenario, Rawlsian political liberalism can offer an appealing account of how to promote the legitimacy and stability of liberal democratic institutions provided it places partisanship centre stage. Specifically, we propose a brand-new moral (...) duty binding ‘reasonable’ partisans committed to pluralism. This duty establishes conditions where partisans must strategically transform society’s public reason (i.e. transform the visions for society their parties campaign on) in ways that promise to attract back support from illiberal and antidemocratic competitors. While this strategic behaviour might seem impermissible, we show that Rawls’ distinctive account of sincerity in democratic deliberation is uniquely placed to justify it as perfectly ethical. (shrink)

The standard model of precedential constraint holds that a court is equally free to modify a precedent of its own and a precedent of a superior court—overruling aside, it does not differentiate horizontal and vertical precedents. This paper shows that no model can capture the U.S. doctrine of precedent without making that distinction. A precise model is then developed that does just that. This requires situating precedent cases in a formal representation of a hierarchical legal structure, and adjusting the constraint (...) that a precedent imposes based on the relationship of the precedent court and the instant court. The paper closes with suggestions for further improvements of the model. (shrink)

This paper appeals to the phenomenon of dreaming to provide a novel defense against arguments from evil. The thrust of the argument is as follows: when we wake up after a nightmare we are often filled entirely with relief, and do not consider ourselves to have actually suffered very much at all; and since it is epistemically possible that this whole life is simply a dream, it follows that it is epistemically possible that in reality there is very little suffering. (...) This epistemic possibility decisively undermines a key premise of both logical and evidential arguments from evil. (shrink)

Interpretations of Kant’s account of the forms of “taking-to-be-true” (Fürwahrhalten) have generally focused on three such forms: opinion (Meinung), belief (Glaube), and knowledge (Wissen). A second distinction that has received comparatively less attention is that between conviction (Überzeugung) and persuasion (Überredung). Kant appears to use the distinction between the subjective and the objective sufficiency of a taking-to-be-true to characterize all of these forms. However, it is impossible to account for the differences between them by relying on this latter distinction alone. (...) In turn, this makes it difficult to fit all of these forms into a single classification of taking-to-be-true. In this chapter, I propose a new approach to conviction and persuasion that dissolves these problems. Conviction and persuasion are not single forms of taking-to-be-true with distinctive characteristics, yet it is not useful to treat them as “classes” of taking-to-be-true either. Rather, they are “operators” that determine whether a taking-to-be-true is apt or inapt, depending on whether it rests on a correct evaluation of the grounds we have. (shrink)

The primary objective of this book is to open space for rethinking the relationship between art and politics. It seeks to combat one of the fundamental assumptions that has plagued many of the previous debates on this issue: that art and politics are distinct entities definable in terms of common properties, and that they have privileged points of intersection, which can be determined once and for all in terms of an established formula. This common sense assumption is rooted in a (...) transcendent illusion according to which there are more or less fixed characteristics that unify our terms, concepts, and practices in such a way as to guarantee their meaning. Against this substantialist approach, Radical History & the Politics of Art argues for a praxeological account that begins the other way around by analyzing specific cultural practices without presupposing a conceptual unity behind them. Such an orientation is radically historicist in the sense that it recognizes that all of our practices—be they linguistic, theoretical, aesthetic or political—are historically constituted and that they are necessarily part of a temporal dynamic. Hence the contingent nature of the labels used to classify various practices or even identify ‘practice’ as such. Radical history thereby proposes a significant departure from the extant debates on art and politics by maintaining that there is no ‘art’ or ‘politics’ in general, nor a singular relation between them. There are only historically constituted practices in various conjunctures, some of which have been labeled, through practical acts of denomination, as ‘artistic’ or ‘political.’ Instead of proposing one more response to the oft-repeated question ‘what is the relationship between Art and Politics?’ this book seeks to overcome the presuppositions that plague such a question. It thereby changes the very nature of the investigation by asking: ‘how do the diverse aspects of practices identified as ‘aesthetic’ and ‘political’ overlap, intertwine and sometimes merge in precise socio-historical force fields of action? (shrink)

In this paper I investigate affinities between Nietzsche’s early philosophy and some aspects of Kant’s moral theory. In so doing, I develop further my reading of Nietzschean wholeness as an ideal that consists in the achievement of cultural—not psychic—integration by pursuing the ennoblement of humanity in oneself and in all. This cultural achievement is equivalent to the procreation of the genius or the perfection of nature. For Nietzsche, the process by means of which we come to realize the genius in (...) ourselves is one in which our true content comes to necessarily govern or guide the shaping of our outer form (or our outward activities). Since this true content turns out to be our autonomy or free agency, I argue that this Nietzschean idea of necessitation parallels in important ways Kant’s notion of normative necessity. In particular, I claim that for Nietzsche the agent’s form becomes necessitated by his content as a result of the agent’s recognition of the duties that befall those who aspire to belong to a genuine culture and his resolve to guide his actions in accordance to them. These duties spring from the idea of humanity, from the image we have of ourselves as endowed with the capacity to be the helmsmen of our lives or to be more than mere animals or automata. The person who takes up this ideal of humanity turns his life into a living unity of content and form by organizing it around an aspect of his being that belongs necessarily, hence more truthfully, to him. He also participates in a collective project (that of the ennoblement of the human being) that can lend a certain coherence and imperishability to his individual life and through which he becomes necessarily connected to everyone else for all eternity. (shrink)

Recent epidemiological research on the social determinants of health has been used to attack an important framework, associated with Norman Daniels, that depicts healthcare as special. My aim is to rescue the idea that healthcare has special importance in society, although specialness will turn out to be mainly limited to clinical care. I build upon the link between Daniels's theory and the work of John Rawls to develop a conception of public justification liberalism that is suitable to the field of (...) justice and health. I argue that, from the perspective of public justification liberalism, (clinical) healthcare deserves special status. (shrink)

When does a model explain? When does it promote understanding? A dominant approach to scientific explanation is the interventionist view (Woodward 2003). According to this view, when X explains Y, intervening on X can produce, prevent or alter Y in some predictable way. In this paper, I argue for two claims. First, I reject a position that many interventionist theorists endorse. This position is that to explain some phenomenon by providing a model is also to understand that phenomenon (Woodward 2003, (...) Ylikoski and Kuorikoski 2010, Kuorikoski and Ylikoski 2015). While endorsing the interventionist view, I argue that explaining and understanding are distinct scientific achievements. Second, I defend a novel theory of scientific understanding. According to this view, when some model M promotes understanding, M makes available a distinctive mental state. This state is of the same psychological kind as when we grasp events in a narrative as bearing on some ultimate conclusion. To conclude, I show that, given this view, mechanistic explanations often provide a powerful source of understanding that many causal-historical models lack. This paper will be of interest to both philosophers of science and epistemologists engaged in the topics of explanation and understanding. (shrink)

William Smith’s recent article criticises the so-called orthodox approaches to the normative analysis of healthcare resource allocation, associated to the requirement that decision-makers should abide by strictly procedural principles of legitimacy defining a deliberative democratic process. Much of the appeal of Smith’s argument goes down to his awareness of real-world processes and, in particular, to the large gap he identifies between well-led democratic deliberation and the messiness of the process through which the intuitively legitimate Affordable Care Act (ACA) was created. (...) This reply aims to demonstrate that the ACA provides no counterexample to orthodox views, seizing this opportunity to explore the specific space that the procedural principles populating orthodox accounts are meant to regulate. Neither general questions of healthcare justice concerning, for example, universal access nor, relatedly, the activity of elected politicians falls within the natural scope of application of such principles, revealing a much more complex picture of the interactions between justice and legitimacy as well as substantive and procedural considerations than acknowledged by Smith. In the end, orthodox accounts of healthcare resource allocation turn out to provide a precious fund of theoretical resources for the normative study of administrators, which might be useful well beyond bioethics and health policy. (shrink)

In this article, I link the empirical hypothesis that neural representations of sensory stimulation near the body involve a unique motor component to the idea that the perceptual field is structured by skillful bodily activity. The neurophenomenological view that emerges is illuminating in its own right, though it may also have practical consequences. I argue that recent experiments attempting to alter the scope of these near space sensorimotor representations are actually equivocal in what they show. I propose resolving this ambiguity (...) by treating these representations as responsive to the development or degeneration of know-how—which can be isolated as an appropriate object for scientific investigation. (shrink)

Some have defended a Fregean view of perceptual content. On this view, the constituents of perceptual contents are Fregean modes of presentation (MOPs). In this paper, I propose that perceptual MOPs are best understood in terms of object files. Object files are episodic representations that store perceptual information about objects. This information is updated when sensory conditions change. On the proposed view, when a subject perceptually represents some object a under two distinct MOPs, then the subject initiates two object files (...) that both refer to a. My defense of this view appeals to its satisfaction of four constraints that I argue theories of perceptual MOPs should satisfy. Furthermore, I show that some existent accounts of perceptual MOPs fail to satisfy them. The defended constraints also indicate what is unique about perceptual, as opposed to linguistic or cognitive, MOPs. (shrink)

Studying evidence law as part of naturalized epistemology means using the tools and results of the sciences to evaluate evidence rules based on the accuracy of the verdicts they are likely to produce. In this chapter, we introduce the approach and address skeptical concerns about the value of systematic empirical research for evidence scholarship, focusing, in particular, on worries about the external validity of jury simulation studies. Finally, turning to applications, we consider possible reforms regarding eyewitness identifications and character evidence.

Warfare is becoming increasingly automated, from automatic missile defense systems to micro-UAVs (WASPs) that can maneuver through urban environments with ease, and each advance brings with it ethical questions in need of resolving. Proponents of lethal autonomous weapons systems (LAWS) provide varied arguments in their favor; robots are capable of better identifying combatants and civilians, thus reducing "collateral damage"; robots need not protect themselves and so can incur more risks to protect innocents or gather more information before using deadly force; (...) robots can assess situations more quickly and do so without emotion, reducing the likelihood of fatal mistakes due to human error; and sending robots to war protects our own soldiers from harm. However, these arguments only point in favor of autonomous weapons systems, failing to demonstrate why such systems need be made *lethal*. In this paper I argue that if one grants all of the proponents' points in favor of LAWS, then, contrary to what might be expected, this leads to the conclusion that it would be both immoral and illegal to deploy *lethal* autonomous weapons, because the many features that speak in favor of them also undermine the need for them to be programmed to take lives. In particular, I argue that such systems, if lethal, would violate the moral and legal principle of necessity, which forbids the use of weapons that impose superfluous injury or unnecessary harm. I conclude by highlighting that the argument is not against autonomous weapons per se, but only against *lethal* autonomous weapons. (shrink)

Prominent theories of the criminal law borrow heavily from the two leading theories of temptation—the evaluative conception of temptation, which conceives emotion and desire as essentially involving a kind of evaluation, and the mechanistic conception of temptation, which conceives emotion and desire as essentially involving felt motivation. As I explain, both conceptions of temptation are inconsistent with the possibility of akratic action, that is, action contrary to a person’s conscious better judgment. Both are inconsistent with the possibility of akratic action (...) because both are covertly inconsistent with a two-fold psychological assumption that undergirds common beliefs about human action and lies at the heart of the law of criminal responsibility: that resisting a powerful temptation is extremely difficult yet not ordinarily impossible. I reveal these inconsistencies and offer in place of the leading theories of temptation a theory of affective desire as primitive psychic attraction, an elemental psychological state typically accompanied by evaluation and motivation but not reducible to either one. I then show how this theory of desire is consistent with the possibility of akratic action, with the two-fold psychological assumption at the heart of the law of criminal responsibility, and, in particular, with the defense of provocation. (shrink)