Vitoria’s 1537 lecture On the American Indians asserts moral equality and fundamental rights for all humans but is contradicted by the significant inequalities between Spanish conquistadores and indigenous peoples of Mexico and Peru. Despite recognizing these rights, Vitoria’s vision supports an unequal Euro-American relationship regarding territorial sovereignty, self-defense, self-determination, and religious freedom. His insights have implications for contemporary international law concerning indigenous rights. However, his theological framework limits this potential. To better address indigenous issues today, I advocate reframing Vitoria’s perspective (...) by replacing his natural law-based human-rights essentialism with a naturalistic approach that views human rights as social constructs. This shift can help develop international law to prevent violent interactions and promote equality between indigenous and non-indigenous peoples, reducing reliance on nation states to safeguard indigenous rights. Received: 03 August 2023 Accepted: 18 April 2024. (shrink)

The Meaning Circuit Hypothesis (MCH) is a synthesis of ideas providing John Wheeler’s outline of ultimate physics, which he fine-tuned over several decades from the 1970s onward. It is a ‘working hypothesis’ in which ‘existence is a ‘meaning circuit”’ that portrays the world as a “system self-synthesized by quantum networking.” It was strongly advocated by him for roughly two decades and since then has had an increasingly strong impact on the approach of many investigators of quantum theory; in particular, elements (...) such as the quantum participator and ‘it from bit’ are now considered by others as candidate components of a foundation for quantum theory in which information is involved essentially. Therefore, it is worthy of review and critique. (shrink)

Debate on free will with Christian List, Gregg Caruso, and Cory Clark. The exchange is focused on Christian List's book Why Free Will Is Real.

There are a number of important links and similarities between public health and safety. In this extended essay, Gregg D. Caruso defends and expands his public health-quarantine model, which is a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. In developing his account, he explores the relationship between public health and safety, focusing on how social inequalities and systemic injustices affect health outcomes and crime rates, how poverty affects (...) brain development, how offenders often have pre-existing medical conditions (especially mental health issues), how involvement in the criminal justice system itself can lead to or worsen health and cognitive problems, how treatment and rehabilitation methods can best be employed to reduce recidivism and reintegrate offenders back into society, and how a public health approach could be successfully applied within the criminal justice system. Caruso's approach draws on research from the health sciences, social sciences, public policy, law, psychiatry, medical ethics, neuroscience, and philosophy, and he delivers a set of ethically defensible and practically workable proposals for implementing the public health-quarantine model. The essay begins by discussing recent empirical findings in psychology, neuroscience, and the social sciences that provide us with an increased understanding of the social and neurological determinants of health and criminal behavior. It then turns to Caruso's public health-quarantine model and argues that the model provides the most justified, humane, and effective approach for addressing criminal behavior. Caruso concludes by proposing a capability approach to social justice grounded in six key features of human well-being. He argues that we cannot successfully address concerns over public health and safety without simultaneously addressing issues of social justice—including the social determinants of health (SDH) and the social determinants of criminal behavior (SDCB)—and he recommends eight general policy proposals consistent with his model. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...) se face significant independent moral objections (Pereboom 2014: 153). Despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular incapacitation, rehabilitation, and alteration of relevant social conditions—and that these methods are both morally justifiable and sufficient for good social policy. The position I defend is similar to Derk Pereboom’s (2001, 2013, 2014), taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model within a broader justificatory framework drawn from public health ethics. The resulting model—which I call the public health-quarantine model (Caruso 2016, 2017a)—provides a framework for justifying quarantine and criminal sanctions that is more humane than retributivism and preferable to other non-retributive alternatives. It also provides a broader approach to criminal behavior than Pereboom’s quarantine analogy does on its own since it prioritizes prevention and social justice. -/- In Section 1, I begin by (very) briefly summarizing my arguments against free will and basic desert moral responsibility. In Section 2, I then introduce and defend my public health-quarantine model, which is a non-retributive alternative to criminal punishment that prioritizes prevention and social justice. In Sections 3 and 4, I take up and respond to two general objections to the public health-quarantine model. Since objections by Michael Corrado (2016), John Lemos (2016), Saul Smilanksy (2011, 2017), and Victor Tadros (2017) have been addressed in detail elsewhere (see Pereboom 2017a; Pereboom and Caruso 2018), I will here focus on objections that have not yet been addressed. In particular, I will respond to concerns about proportionality, human dignity, and victims’ rights. I will argue that each of these concerns can be met and that in the end the public health-quarantine model offers a superior alternative to retributive punishment and other non-retributive accounts. (shrink)

The ontology of Local Quantum Physics, Rudolf Haag’s framework for relativistic quantum theory, is reviewed and discussed. It is one of spatiotemporally localized events and unlocalized causal intermediaries, including the elementary particles, which come progressively into existence in accordance with a fundamental arrow of time. Haag’s conception of quantum theory is distinguished from others in which events are also central, especially those of Niels Bohr and John Wheeler, with which it has been compared.

Much of the recent philosophical discussion about free will has been focused on whether compatibilists can adequately defend how a determined agent could exercise the type of free will that would enable the agent to be morally responsible in what has been called the basic desert sense :5–24, 1994; Fischer in Four views on free will, Wiley, Hoboken, 2007; Vargas in Four views on free will, Wiley, Hoboken, 2007; Vargas in Philos Stud, 144:45–62, 2009). While we agree with Derk Pereboom (...) and others that the compatibilist’s burden should be properly understood as providing a compelling account of how a determined agent could be morally responsible in the basic desert sense, the exact nature of this burden has been rendered somewhat unclear by the fact that there has been no definitive account given as to what the basic desert sense of moral responsibility amounts to. In Sect. 1 we set out to clarify the compatibilist’s burden by presenting our account of basic desert moral responsibility—which we call retributivist desert moral responsibility for purposes of clarity—and explain why it is of central philosophical and practical importance to the free will debate. In Sect. 2 we employ a thought experiment to illustrate the kind of difficulty that compatibilists of any stripe are likely to encounter in attempting to explain how determined agents can exercise the kind of free will needed for retributivist desert moral responsibility. (shrink)

One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...) se face significant independent moral objections. Yet despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular preventive detention, rehabilitation, and alteration of relevant social conditions—and that these methods are both morally justifiable and sufficient for good social policy. The position I defend is similar to Derk Pereboom’s, taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model within a broader justificatory framework drawn from public health ethics. The resulting model—which I call the public health -quarantine model—provides a framework for justifying quarantine and criminal sanctions that is more humane than retributivism and preferable to other non-retributive alternatives. It also provides a broader approach to criminal behavior than Pereboom’s quarantine analogy does on its own. (shrink)

Derk Pereboom’s Free Will, Agency, and Meaning in Life provides the most lively and comprehensive defense of free will skepticism in the literature. It contains a reworked and expanded version of the view he first developed in Living without Free Will. Important objections to the early book are answered, some slight modifications are introduced, and the overall account is significantly embellished—for example, Pereboom proposes a new account of rational deliberation consistent with the belief that one’s actions are causally determined and (...) develops a forward-looking theory of moral responsibility con- sistent with free will skepticism. A significant contribution to the field, Free Will, Agency, and Meaning in Life is destined to become a classic and is essential reading for anyone interested in free will and moral responsibility. (shrink)

Shaun Nichols has recently argued that while the folk notion of free will is associated with error, a question still remains whether the concept of free will should be eliminated or preserved. He maintains that like other eliminativist arguments in philosophy, arguments that free will is an illusion seem to depend on substantive assumptions about reference. According to free will eliminativists, people have deeply mistaken beliefs about free will and this entails that free will does not exist. However, an alternative (...) reaction is that free will does exist, we just have some deeply mistaken beliefs about it. According to Nichols, all such debates boil down to whether or not the erroneous folk term in question successfully refers or not. Since Nichols adopts the view that reference is systematically ambiguous, he maintains that in some contexts it’s appropriate to take a restrictivist view about whether a term embedded in a false theory refers, while in other contexts it’s appropriate to take a liberal view about whether a token of the very same term refers. This, according to Nichols, affords the possibility of saying that the sentence “free will exists” is false in some contexts and true in others. In this paper I argue that even if we grant Nichols his pluralistic approach to reference, there is still good reason to prefer eliminativism to preservationism with regard to free will. My argument focuses on one important difference between the concept of “free will” and other theoretical terms embedded in false theories—i.e., the role that the phenomenology of free agency plays in reference fixing. (shrink)

In the paper, I defend the skeptical view that no one is ever morally responsible in the basic desert sense since luck universally undermines responsibility-level control. I begin in Section 1 by defining a number of different varieties of luck and examining their relevance to moral responsibility. I then turn, in Section 2, to outlining and defending what I consider to be the best argument for the skeptical view--the luck pincer (Levy 2011). I conclude in Section 3 by addressing Robert (...) Hartman's (2017) numerous objections to the luck pincer. I argue that the luck pincer emerges unscathed and the pervasiveness of luck (still) undermines moral responsibility. (shrink)

In recent decades, there has been growing interest among philosophers in what the various Buddhist traditions have said, can say, and should say, in response to the traditional problem of free will. This article investigates the relationship between Buddhist philosophy and the historical problem of free will. It begins by critically examining Rick Repetti's Buddhism, Meditation, and Free Will (2019), in which he argues for a conception of “agentless agency” and defends a view he calls “Buddhist soft compatibilism.” It then (...) turns to a more wide‐ranging discussion of Buddhism and free will—one that foregrounds Buddhist ethics and takes seriously what the various Buddhist traditions have said about desert, punishment, and the reactive attitudes of resentment, indignation, and moral anger. The article aims to show that, not only is Buddhism best conceived as endorsing a kind of free will skepticism, Buddhist ethics can provide a helpful guide to living without basic desert moral responsibility and free will. (shrink)

This chapter outlines six distinct reasons for rejecting retributivism, not the least of which is that it’s unclear that agents possess the kind of free will and moral responsibility needed to justify it. It then sketches a novel non-retributive alternative called the public health-quarantine model. The core idea of the model is that the right to harm in self-defense and defense of others justifies incapacitating the criminally dangerous with the minimum harm required for adequate protection. The model also draws on (...) the public health framework and prioritizes prevention and social justice. It is argued that not only does the public health-quarantine model offer a stark contrast to retributivism, it also provides a more humane, holistic, and effective approach to dealing with criminal behavior, one that is superior to both retributivism and other leading non-retributive alternatives. (shrink)

There is a strong philosophical intuition that direct study of the brain can and will constrain the development of psychological theory. When this intuition is tested against case studies on the neurophysiology and psychology of perception and memory, it turns out that psychology has led the way toward knowledge of neurophysiology. An abstract argument is developed to show that psychology can and must lead the way in neuroscientific study of mental function. The opposing intuition is based on mainly weak arguments (...) about the fundamentality or objectivity of physics or physiology in relation to psychology. -/- Philosophy of Science, Vol. 67, Supplement. Proceedings of the 1998 Biennial Meetings of the Philosophy of Science Association. Part II: Symposia Papers (Sep., 2000). (shrink)

Free will skepticism maintains that what we do, and the way we are, is ultimately the result of factors beyond our control and because of this we are never morally responsible for our actions in the basic desert sense—the sense that would make us truly deserving of praise and blame. In recent years, a number of contemporary philosophers have advanced and defended versions of free will skepticism, including Derk Pereboom (2001, 2014), Galen Strawson (2010), Neil Levy (2011), Bruce Waller (2011, (...) 2015), and myself (Caruso 2012, 2013, forthcoming). Critics, however, often complain that adopting such views would have dire consequences for ourselves, society, morality, meaning, and the law. They fear, for instance, that relinquishing belief in free will and basic desert moral responsibility would leave us unable to adequately deal with criminal behavior, increase anti-social conduct, and undermine meaning in life. -/- In response, free will skeptics argue that life without free will and basic desert moral responsibility would not be as destructive as many people believe (see, e.g., Pereboom 2001, 2014; Waller 2011, 2015; Caruso 2016, forthcoming). According to optimistic skeptics, prospects of finding meaning in life or of sustaining good interpersonal relationships, for instance, would not be threatened. And although retributivism and severe punishment, such as the death penalty, would be ruled out, incapacitation and rehabilitation programs would still be justified (see Pereboom 2001, 2013, 2014; Levy 2012; Caruso 2016; Pereboom and Caruso, forthcoming). In this paper, I attempt to extend this general optimism about the practical implications of free will skepticism to the question of creativity. -/- In Section I, I spell out the question of creativity and explain why it’s relevant to the problem of free will. In Section II, I identify three different conceptions of creativity and explain the practical concerns critics have with free will skepticism. In Section III, I distinguish between three different conceptions of moral responsibility and argue that at least two of them are consistent with free will skepticism. I further contend that forward-looking accounts of moral responsibility, which are perfectly consistent with free will skepticism, can justify calling agents to account for immoral behavior as well as providing encouragement for creative activities since these are important for moral and creative formation and development. I conclude in Section IV by arguing that relinquishing belief in free will and basic desert would not mean the death of creativity or our sense of achievement since important and realistic conceptions of both remain in place. (shrink)

With his 1998 book, In Nature’s Interests? Gary Varner proved to be one of our most original and trenchant of environmental ethicists. Here, in the first of a promised two volume set, he makes his mark on another field, animal ethics, leaving an even deeper imprint. Thoroughly grounded in the relevant philosophical and scientific literatures, Varner is as precise in analysis as he is wide-ranging in scope. His writing is clear and rigorous, and he explains philosophical nuances with extraordinary (...) economy of expression. Never one to add an unnecessary clause to a sentence, Varner nonetheless constructs a formidable edifice while always dealing fairly with the authors he criticizes. His explication of the properties and moral status of what he calls near-persons is a crucial addition to the discussion of personhood initiated by Parfit in Reasons and Persons and subsequently applied to animals by McMahan in The Ethics of Killing. The comparison to McMahan is intentional for, to my mind, Varner vies with him as the most important animal ethicist since Singer and Regan. (shrink)

In The Stubborn System of Moral Responsibility (2015), Bruce Waller sets out to explain why the belief in individual moral responsibility is so strong. He begins by pointing out that there is a strange disconnect between the strength of philosophical arguments in support of moral responsibility and the strength of philosophical belief in moral responsibility. While the many arguments in favor of moral responsibility are inventive, subtle, and fascinating, Waller points out that even the most ardent supporters of moral responsibility (...) acknowledge that the arguments in its favor are far from conclusive; and some of the least confident concerning the arguments for moral responsibility—such as Van Inwagen—are most confident of the truth of moral responsibility. Thus, argues Waller, whatever the verdict on the strength of philosophical arguments for moral responsibility, it is clear that belief in moral responsibility—whether among philosophers or the folk—is based on something other than philosophical reasons. -/- He goes on to argue that there are several sources for the strong belief in moral responsibility, but the following four are particularly influential: First, moral responsibility is based in a powerful “strike back” emotion that we share with other animals. Second, there is a deep-rooted “belief in a just world”—a belief that, according to Waller, most philosophers reject when they consciously consider it, but which has a deep nonconscious influence on what we regard as just treatment and which provides subtle (but mistaken) support for belief in moral responsibility. Third, there is a pervasive moral responsibility system—extending over criminal justice as well as “common sense”—that makes the truth of moral responsibility seem obvious, and makes challenges to moral responsibility seem incoherent. Finally, there is the enormous confidence we have in the power of reason, which mistakenly leads us to believe that our conscious, rational, and critically reflective selves are constantly guiding our behavior in accordance with our deep values. -/- In these comments, I would like to discuss the many points of agreement I have with Waller, providing along the way additional fuel for his skeptical fire (i.e., his moral responsibility skepticism and his skeptical analysis of the source of our strong belief in moral responsibility). I will also discuss, however, my one main point of disagreement—i.e., his desire to preserve the conception of free will. Waller believes free will can “flourish” in the absence of moral responsibility (see Ch.8), while I maintain they that the variety of free will that is of central philosophical and practical importance is the sort required for moral responsibility in a particular but pervasive sense. This sense of moral responsibility is set apart by the notion of basic desert and is purely backward-looking and non-consequentialist (see Pereboom 2001, 2014; Caruso and Morris, forthcoming). Understood this way, the sort of free will at issue in the historical debate is a kind of power or ability an agent must possess in order to justify certain kinds of desert-based judgments, attitudes, or treatments in response to decisions or actions that the agent performed or failed to perform. (shrink)

Existentialism is a concern about the foundation of meaning, morals, and purpose. Existentialisms arise when some foundation for these elements of being is under assault. In the past, first-wave existentialism concerned the increasingly apparent inability of religion, and religious tradition, to provide such a foundation, as typified in the writings of Kierkegaard, Dostoevsky, and Nietzsche. Second-wave existentialism, personified philosophically by Sartre, Camus, and de Beauvoir, developed in response to the inability of an overly optimistic Enlightenment vision of reason and the (...) common good to provide such a foundation. There is a third-wave existentialism, a new existentialism, developing in response to advances in the neurosciences that threaten the last vestiges of an immaterial soul or self. With the increasing explanatory and therapeutic power of neuroscience, the mind no longer stands apart from the world to serve as a foundation of meaning. This produces foundational anxiety. This collection of new essays explores the anxiety caused by this third-wave existentialism and some responses to it. It brings together some of the world’s leading philosophers, neuroscientists, cognitive scientists, and legal scholars to tackle our neuroexistentialist predicament and explore what the mind sciences can tell us about morality, love, emotion, autonomy, consciousness, selfhood, free will, moral responsibility, law, the nature of criminal punishment, meaning in life, and purpose. (shrink)

Derk Perebooms Free Will, Agency, and Meaning in Life (2014) provides the most lively and comprehensive defense of free will skepticism in the literature. It contains a reworked and expanded version of the view he first developed in Living without Free Will (2001). Important objections to the early book are answered, some slight modifications are introduced, and the overall account is significantly embellished—for example, Pereboom proposes a new account of rational deliberation consistent with the belief that one’s actions are causally (...) determined (ch.5) and develops a forward-looking theory of moral responsibility consistent with free will skepticism (ch.6). A significant contribution to the field, Free Will, Agency, and Meaning in Life is destined to become a classic and is essential reading for anyone interested in free will and moral responsibility. (shrink)

Mildred Cho and Nicole Martinez-Martin (2023) distinguish between two of the ways in which humans can be represented in medical contexts. One is technical: a digital model of aspects of a person’s...

Elizabeth Hildt’s (2023) notion of human-like artificial consciousness (AC) is vulnerable to several objections. First, she ties it to traits such as subjectivity and to capacities for rationality,...

In this essay, I want to explore one of the most ironic episodes in the history of propaganda, the attempt by various federal agencies to moderate American WWII anti-Japanese propaganda films. My texts will be four films, two produced by the military, and two by Hollywood: December 7th (1943), directed by Gregg Toland and revised by John Ford; Air Force (1943), directed Howard Hawks; Know Your Enemy: Japan (1945), directed by Frank Capra; and Betrayal for the East (1945), directed (...) by William Berke. As all of these films are readily available on YouTube, I will be brief in my description of them. Instead, I will focus on how they served to intensify racial hatred of Japanese in general and Japanese-Americans in particular, and how the federal government tried to control that propaganda—but was limited by its own policies regarding Japanese-Americans. (shrink)

This paper aims to defend deliberation-compatibilism against several objections, including a recent counterexample by Yishai Cohen that involves a deliberator who believes that whichever action she performs will be the result of deterministic manipulation. It begins by offering a Moorean-style proof of deliberation-compatibilism. It then turns to the leading argument for deliberation-incompatibilism, which is based on the presumed incompatibility of causal determinism and the ‘openness’ required for rational deliberation. The paper explains why this argument fails and develops a coherent account (...) of how one can rationally deliberate and believe in causal determinism without inconsistency. The second half of the paper then takes up Cohen's proposed counterexample and his Four-Case Deliberation Argument against deliberation-compatibilism, which is meant to mirror Derk Pereboom's famous Four-Case Manipulation Argument. In response, the author defends a hard-line reply to FCDA but also argues that the notion of ‘sourcehood’ relevant to rational deliberation differs from that involved in free will. (shrink)

I am in almost complete agreement with Arlene Lo (2022). Child abuse victims surely suffer hermeneutical injustice if they are denied the concepts necessary to understand their experience, and that injustice is immensely harmful. In this reply, I offer an amendment to Lo’s use of Sally Haslanger’s distinction between manifest and operative concepts. I then raise some wider questions about the hermeneutical marginalization of children. The work that has so far been done on epistemic injustice against children has focused mostly (...) on testimonial injustice. It is time to give more attention to hermeneutical injustice. (shrink)

Does Carnap’s treatment of philosophical questions about existence, such as “Are there numbers?” and “Are there physical objects?”, depend on his analytic–synthetic distinction? If so, in what way? I answer these questions by clarifying, defending, and developing the reading of Carnap’s paper “Empiricism, Semantics, and Ontology” that W. V. Quine proposes, with little justification or explanation, in his paper “On Carnap’s Views on Ontology”. The primary methodological value of studying Quine’s reading of “Empiricism, Semantics, and Ontology” is that it prompts (...) us to look for, and helps us to see the significance of, passages by Carnap that reveal the logical foundations of his views on ontology. Guided in this way by Quine’s reading, I show that (1) in “Empiricism, Semantics, and Ontology” Carnap’s preferred treatment of philosophical questions relies on paraphrasing them so that their answers are immediately obvious elementary logical truths, and are therefore, by his standards, trivially analytic; and (2) in its most general form, Carnap’s treatment of philosophical questions about existence depends on his controversial view that the analytic truths of a language L may include sentences that are not elementary logical truths, but that are nevertheless, by Carnap’s standards, analytic-in-L simply because we have stipulated that they are to be among the “meaning postulates” of L. (shrink)

We present ethical reasons that the court should grant the Nonhuman Rights Project’s (NhRP) request for habeas corpus relief for Happy, an elephant. Happy has a basic interest in not being confined, an interest that should be legally protected just as the human interest in not being confined is legally protected. Since the decision in The Nonhuman Rights Project, Inc. v Breheny failed to weigh Happy’s interests properly, we ask this body to correct the error.

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s personhood.

Michael Devitt’s views on realism and naturalism have a lot in common with those of W.V. Quine. Both appear to be realists; both accept naturalized epistemology and abandon the old goal of first philosophy; both view philosophy as continuous with the empirical procedures of science and hence view metaphysics as similarly empirical; and both seem to view realism as following from naturalism. Although Quine and Devitt share quite a bit ideologically, I think there is a deeper, more fundamental dissimilarity between (...) the two. I will explore the difference between them in an attempt to bring out the subtle complexities surrounding the issue of realism--complexities, I will argue, Devitt sometimes overlooks. I will also explore a real tension in Quine between his earlier, more pragmatic (or anti-realist) tendencies and his later, more austere realism. I will conclude by defending a more Quinean brand of realism I call internal realism. (shrink)

Perhaps no one has written more extensively, more deeply, and more insightfully about determinism and freedom than Ted Honderich. His influence and legacy with regard to the problem of free will—or the determinism problem, as he prefers to frame it—looms large. In these comments I would like to focus on three main aspects of Honderich ’s work: his defense of determinism and its consequences for origination and moral responsibility; his concern that the truth of determinism threatens and restricts, but does (...) not eliminate, our life-hopes; and his attack on the traditional justifications for punishment. In many ways, I see my own defense of free will skepticism as the natural successor to Honderich ’s work. There are, however, some small differences between us. My goal in this paper is to clarify our areas of agreement and disagreement and to acknowledge my enormous debt to Ted. If I can also move him toward my own more optimistic brand of free will skepticism that would be great too. (shrink)

Would direct genetic modification of human embryos affect the welfare of future persons? Sparrow’s approach to answering this question fails a core goal of bioethics: to generate perspectives capab...

In this paper, I examine Plantinga’s (1993, 2000, 2011) Evolutionary Argument Against Naturalism (EAAN). While there has been much discussion about Plantinga’s use of probabilities in the argument, I contend that insufficient attention has been paid to the question of how we are to interpret those probabilities. In this paper, I argue that views Plantinga defends elsewhere limit the range of interpretations available to him here. The upshot is that the EAAN is more limited in its applicability than Plantinga alleges.

This article seeks the origin, in the theories of Ibn al-Haytham (Alhazen), Descartes, and Berkeley, of two-stage theories of spatial perception, which hold that visual perception involves both an immediate representation of the proximal stimulus in a two-dimensional ‘‘sensory core’’ and also a subsequent perception of the three dimensional world. The works of Ibn al-Haytham, Descartes, and Berkeley already frame the major theoretical options that guided visual theory into the twentieth century. The field of visual perception was the first area (...) of what we now call psychology to apply mathematics, through geometrical models as used by Euclid, Ptolemy, Ibn al-Haytham, and Descartes (among others). The article shows that Kepler’s discovery of the retinal image, which revolutionized visual anatomy and entailed fundamental changes in visual physiology, did not alter the basic structure of theories of spatial vision. These changes in visual physiology are advanced especially in Descartes' Dioptrics and his L'Homme. Berkeley develops a radically empirist theory vision, according to which visual perception of depth is learned through associative processes that rely on the sense of touch. But Descartes and Berkeley share the assertion that there is a two-dimensional sensory core that is in principle available to consciousness. They also share the observation that we don't usually perceived this core, but find depth and distance to be phenomenally immediate, a point they struggle to accommodate theoretically. If our interpretation is correct, it was not a change in the theory of the psychology of vision that engendered the idea of a sensory core, but rather the introduction of the theory into a new metaphysical context. (shrink)

The theory of knowledge in early twentieth-century Anglo American philosophy was oriented toward phenomenally described cognition. There was a healthy respect for the mind-body problem, which meant that phenomena in both the mental and physical domains were taken seriously. Bertrand Russell's developing position on sense-data and momentary particulars drew upon, and ultimately became like, the neutral monism of Ernst Mach and William James. Due to a more recent behaviorist and physicalist inspired "fear of the mental", this development has been down-played (...) in historical work on early analytic philosophy. Such neglect assumes that the "linguistic turn" is a proper and permanent effect of twentieth-century philosophy, an assumption that distorts early analytic historiography, and begs a substantive philosophical question about thought and cognition. (shrink)

What can neuroscience tell us, if anything, about the capacities of cows to think about the future? The question is important if having the right to a future requires the ability to think about one’s future. To think about one’s future involves the mental state of prospection, in which we direct our attention to things yet to come. I distinguish several kinds of prospection, identify the behavioral markers of future thinking, and survey what is known about the neuroanatomy of future-directed (...) bovine beliefs and desires. I suggest, in conclusion, that instead of asking whether a cow’s prospection is conscious, ask whether it is like ours—with “ours” understood to include all human beings. (shrink)

What can neuroscience tell us, if anything, about the capacities of cows to think about the future? The question is important if having the right to a future requires the ability to think about one’s future. To think about one’s future involves the mental state of prospection, in which we direct our attention to things yet to come. I distinguish several kinds of prospection, identify the behavioral markers of future thinking, and survey what is known about the neuroanatomy of future-directed (...) bovine beliefs and desires. I suggest, in conclusion, that instead of asking whether a cow’s prospection is conscious, ask whether it is like ours—with “ours” understood to include all human beings. (shrink)

A common view of nonhuman animals is that they lack rights because they lack conscious control over themselves. Two thoughts put pressure on this view. First, we recognize the rights of radically cognitively limited humans even though they lack conscious control over themselves. So it would seem mere prejudice to deny rights to nonhuman mammals on the grounds that animals lack autonomy. Tom Regan has been the most eloquent, powerful, and resolute defender of this thought. Second, evidence is growing that (...) healthy adults exercise non-conscious control over themselves most of the time. To deny rights to animals on the grounds that they can only exercise non-conscious control over themselves while affirming the rights of humans who similarly exercise non-conscious control over themselves most of the time also seems prejudicial. Notice that whereas the first thought compares animals to neurally diverse, cognitively challenged humans the second thought compares animals to typically developing, normal humans. In this paper I argue that accumulating empirical data lend increasing support to the second thought. (shrink)

The chapter concerns some aspects of Russell’s epistemological turn in the period after 1911. In particular, it focuses on two aspects of his philosophy in this period: his attempt to render material objects as constructions out of sense data, and his attitude toward sense data as “hard data.” It examines closely Russell’s “breakthrough” of early 1914, in which he concluded that, viewed from the standpoint of epistemology and analytic construction, space has six dimensions, not merely three. Russell posits a three-dimensional (...) personal or “perspective” space that is inhabited by sense data. This space then forms the basis for constructing the three dimensional space of physics (and of public things). I am concerned with the specifics of this construction: with the properties of the private spaces, the relations among those spaces, and their relation to physical space and to constructed “things,” such as pennies or tables. There are difficulties of interpretation with respect to these relations, which stem from the difficulty of finding a coherent interpretation of Russell’s claim that objects such as tables and pennies look smaller at a greater distance (or look trapezoidal or elliptical from some points of view). I don’t mean to challenge the phenomenal claim that objects do, in some sense, look small in the distance. Rather, I raise difficulties with Russell’s analysis of this fact, in which he appeals to both phenomenal experience and the findings of sensory psychology. I hold that if he wishes to maintain his phenomenal claim about objects appearing smaller with greater distance, he must alter or redescribe aspects of his construction of ordinary things. However, if his construction of things and physical space is based on a problematic description of the private spaces, then his claim that private or perspective spaces are very well known and provide the hard data for knowledge of the physical world faces a challenge. (shrink)

In this article, I explore how efficacious film can be in countering propaganda in film. To set up the discussion, I first sketch out a simple theory of propaganda, under which propaganda can be ranked from completely rational to very irrational, on six different dimensions. These are the degrees to which the propaganda is: evidence-based; truthful; broadly logical; transparent; properly targeted; and transparent. I then review in detail the main propaganda film, Gasland. This film was a highly successful documentary that (...) attacked the production of natural gas by hydrofracturing, called in America “fracking.” Gasland succeeded in organizing domestic opposition to fracking, actually blocking it in the Delaware River Basin system. The film was also influential abroad, leading to fracking bans in France, Bulgaria, and elsewhere in Europe. Next, I review in detail two counter-propaganda films—that is, in this case, two pro-fracking documentaries: Truthland and FrackNation. Truthland is a short documentary that aims at rebutting many of Gasland’s major claims. It was funded by the fracking industry and had limited distribution but it succeeded in refuting much of the longer and better-funded anti-fracking film. A much more successful film in terms of both general distribution and efficacy of rebuttal was the much longer pro-fracking documentary FrackNation. It critiques all of Gasland’s major points, in vivid detail. Since it was crowdfunded, it couldn’t be dismissed on the grounds that it was biased because of being industry-backed. I conclude by explaining why the pro-fracking documentaries did not result in a major change in public opinion. (shrink)

In his 'Of the Standard of Taste' David Hume seems to make the paradoxical claim that even though the sentiments an agent feels in response to an artwork are subjective and unique, and it cannot be said that such sentiments are either correct or incorrect, there is a standard upon which art can be judged, which is at least partly determined by these sentiments.

During the seventeenth century the major cognitive faculties--sense, imagination, memory, and understanding or intellect--became the central focus of argument in metaphysics and epistemology to an extent not seen before. The theory of the intellect, long an important auxiliary to metaphysics, became the focus of metaphysical dispute, especially over the scope and powers of the intellect and the existence of a `pure' intellect. Rationalist metaphysicians such as Descartes, Spinoza, and Malebranche claimed that intellectual knowledge, gained independently of the senses, provides the (...) framework for constructing a new theory of nature. Other writers, including Hobbes and the early Gassendi, denied the existence of a distinct intellectual faculty, and so challenged the metaphysicians' abilities directly to perceive the essences of substances. The theory of the senses, which had long been a part of philosophical discussion, took on a new urgency, for adherents of the new corpuscularian philosophy needed to replace the dominant Aristotelian theory of real sensory qualities and sensible species. The revival of skepticism and a renewed interest in method also brought the faculties into prominence, for skeptical challenges typically were directed toward the faculties of sense and understanding, and the theory of method was conceived as providing instructions for the proper use of one's cognitive equipment. The theory of the faculties, then, is an important key to theories of knowledge in the seventeenth century. Indeed, rather than speaking of seventeenth century epistemology, it would be less anachronistic and more informative to speak of theories of cognition. The familiar (and over-stated) point that epistemology became fundamental to metaphysics during that century can then be restated as the point that the theory of faculties became central in metaphysical dispute. (shrink)

In the past 60 years or so, the philosophical subject of artistic expression has generally been handled as an inquiry into the artistic expression of emotion. In my view this has led to a distortion of the relevant territory, to the artistic expression of feeling’s too often being overlooked. I explicate the emotion-feeling distinction in modern terms, and urge that the expression of feeling is too central to be waived off as outside the proper philosophical subject of artistic expression. Restricting (...) the discussion to the art of painting, I sketch a partial psychological model for the exrtistic expression of feelipression of feeling. Although the feeling-emotion contrast is seldom made clear in their writings, I stress that many, or even most of the eminent pre-1960’s voices in aesthetics and art criticism—Croce, Dewey, Langer, Bosanquet, Berenson and others—would more or less agree that feeling is no less important for expression than emotion, and indeed can be interpreted as anticipating many points that I set forth. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

Some experiments in perceptual psychology measure perceivers’ phenomenal experiences of objects versus their cognitive assessments of object properties. Analyzing such experiments, this article responds to Pizlo’s claim that much work on shape constancy before 1985 confused problems of shape ambiguity with problems of shape constancy. Pizlo fails to grasp the logic of experimental designs directed toward phenomenal aspects of shape constancy. In the domain of size perception, Granrud’s studies of size constancy in children and adults distinguish phenomenal from cognitive factors.

The first two sections of the paper characterize the nineteenth century respect for the phenomenal by considering Helmholtz’s position and James’ and Russell’s move to neutral monism. The third section displays a moment’s sympathy with those who recoiled from the latter view -- but only a moment’s. The recoil overshot what was a reasonable response, and denied the reality of the phenomenal, largely in the name of the physical or the material. The final two sections of the paper develop a (...) third way, which retains a healthy respect for the mental and for the mind–body relation, does not attempt to equate objects with congeries of sensations, and does not attempt to deny the reality of the phenomenal. In fact, I will claim that on some conceptions (and not merely idealist-phenomenalist conceptions), the phenomenal is a fact of nature, and hence a part of the natural world. Some aspects of this third way are familiar in the various representational and critical realisms of the twentieth-century. But the realization -- or, more neutrally, the conception -- that the natural might include the phenomenal is less familiar. Yet this position has its predecessors too, not only among the physicists and psychologists of the nineteenth century, but among major physicists (as opposed to physicalist philosophers) and psychologists of the twentieth. [A re-edited version of this paper appears in Gary Hatfield, Perception and Cognition: Essays in the Philosophy of Psychology, Clarendon Press, 2009.]. (shrink)

This chapter considers philosophical problems concerning non-human (and sometimes human) animals, including their metaphysical, physical, and moral status, their origin, what makes them alive, their functional organization, and the basis of their sensitive and cognitive capacities. I proceed by assuming what most of Descartes’s followers and interpreters have held: that Descartes proposed that animals lack sentience, feeling, and genuinely cognitive representations of things. (Some scholars interpret Descartes differently, denying that he excluded sentience, feeling, and representation from animals, and I consider (...) the evidence for these interpretations as well.) Given that Descartes denied any sort of soul to animals, his other philosophical commitments entailed that he must explain the vital and sensitive powers of non-human animals through purely material causes. Indeed, he welcomed this task, for he was engaged in the larger project of providing purely mechanistic explanations for all natural phenomena of the material world. Animal bodies form functional unities that are adapted to environmental circumstances. In his new physics, Descartes sought to discover or hypothesize material mechanisms that would explain the physiological and behavioral capacities of animals, including how they maintain themselves by seeking food and drink, reproduce themselves, and modify their behavior to fit current circumstances. Metaphysically, his new perspective raised the problem of accounting for the functional unity of the animal body considered as a purely material construction, devoid of an active, organizing power such as the sensitive soul. Descartes’s project becomes even more challenging if we ask whence come such mechanisms that are capable of performing the functions of living things. Officially, Descartes endorsed the accepted theological orthodoxy, that God designed and created the bodily mechanisms of humans and animals. However, in his natural philosophy he set himself the task of explaining the origin of animals as part of the natural development of the universe out of an original chaotic soup of material particles. Within this naturalistic perspective, he must explain how, through purely material processes, the functionally organized bodies of living things (plants and animals) could be produced from non-living matter. Without a designing creator, how do animal bodies arise that are capable of digesting food, growing, reproducing, and performing the behaviors needed to preserve life and health? (shrink)

This article considers Helmholtz’s relation to philosophy, including Fichte’s philosophy. Recent interpreters find Fichtean influence on Helmholtz, especially concerning the role of voluntary movement in distinguishing subject from object, or “I” from “not-I.” After examining Helmholtz’s statements about Fichte, the article describes Fichte’s ego-doctrine and asks whether Helmholtz could accept it into his sensory psychology. He could not accept Fichte’s core position, that an intrinsically active I intellectually intuits its own activity and posits the not-I as limiting and determining that (...) activity, because that account requires cognitive abilities that conflict with Helmholtz’s claim that the development of spatial perception relies primarily on associative memory and involves no direct awareness of the ego’s activity as such. Helmholtz would have known various accounts of the distinction between subject and object, or self and world, from sensory physiology, including associative accounts invoking voluntary motor movements and accounts describing checks on the perceiver’s activity. Some of the accounts cite Fichte on the I and not-I, but most do not, and none adopt Fichte’s Idealism. Finally, the article examines Helmholtz’s relation to metaphysics, finding that in all periods he rejected Fichtean Idealism and that the modest metaphysics of his mature period is a version of structural realism. (shrink)

The chapter begins with an initial survey of ups and downs of contextualist history of philosophy during the twentieth century in Britain and America, which finds that historically serious history of philosophy has been on the rise. It then considers ways in which the study of past philosophy has been used and is used in philosophy, and makes a case for the philosophical value and necessity of a contextually oriented approach. It examines some uses of past texts and of history (...) that reveal limits to noncontextual history, including Strawson's Kant, Rorty's grand diagnosis of the Western tradition, and Friedman on Kant's philosophy of mathematics. It then considers ways in which the history of philosophy may become philosophically deeper by becoming more historical, and instances in which history of philosophy of various stripes has or may deliver a philosophical payoff. Along the way, it urges historians of philosophy to attend not only to individual philosophers and their problems and projects, but also to the larger shape of the history of philosophy and its narrative themes. (shrink)