Review of Yaffe's "The Age of Culpability".

Reid argues that Hume’s claim that justice is an artificial virtue is inconsistent with the fact that gratitude is a natural sentiment. This chapter shows that Reid’s argument succeeds only given a philosophy of mind and action that Hume rejects. Among other things, Reid assumes that one can conceive of one of a pair of contradictories only if one can conceive of the other—a claim that Hume denies. So, in the case of justice, the disagreement between Hume and Reid is, (...) at bottom, a disagreement over their respective conceptions of how the human mind works at its most fundamental level. (shrink)

In ‘Excusing Mistakes of Law’, Gideon Yaffe sets out to ‘vindicate’ the claim ‘that mistakes of law never excuse’ by ‘identifying the truth that is groped for but not grasped by those who assert that ignorance of law is no excuse’. Yaffe does not offer a defence of the claim that mistakes of law never excuse. That claim, Yaffe argues, is false. Yaffe’s article is, rather, an effort to assess what plausible thought might be behind (...) the idea that mistakes of law often should not excuse. (Yaffe is interested in more than just the descriptive claim that in Anglo-American legal jurisdictions mistakes of law routinely do not, in fact, excuse.) More particularly, Yaffe is interested in what plausible normative justification there might be for this asymmetric pattern: -/- Asymmetry: False beliefs about non-legal facts often excuse, but false beliefs about the law rarely excuse. -/- Yaffe offers a complex argument in support of Asymmetry. This paper is organised around my reconstruction of Yaffe’s argument. I argue that Yaffe’s argument does not succeed, but that his argument provides a template for an argument that could succeed. (shrink)

‘Attempted negligence’ is a category of criminal offense that many jurists and philosophers have law have deemed conceptually incoherent. In his Attempts: In the Philosophy of Action and the Criminal Law, Gideon Yaffe challenges this dismissal, anchoring his argument in cases of what he calls ‘mental self-management’ in which agents plan to bring about that they perform unintentional actions at a later time. He plausibly argues that mental self-management-type attempted negligence is possible. However, his account raises the question (...) whether such attempts can be successful: whether, in other words, attempts to perform unintentional actions at a later time could issue in actions that are, indeed, unintentional. Intuitively, at least, it would seem that we should answer in the affirmative. However, that answer poses problems for a plausible and widely-held account of intentional action. Al Mele, responding to Yaffe’s account, has pointed out this problem without, I think, providing a satisfactory resolution. I propose another way of vindicating the possibility of successful attempted negligence with small, if significant, revision to the standard view of intentional action. In these cases, I argue, agents fail to act intentionally because they render themselves, through their acts of self-management, unaware that they are successfully executing their intentions. Moreover, I argue that these agents’ intentions to bring about that they perform unintentional actions do not commit them to acting intentionally because of the nature of intentions to bring about actions. I offer an account of the intention to bring about that one A’s and defend it against some objections. (shrink)

When we define something as a crime, we generally thereby criminalize the attempt to commit that crime. However, it is a vexing puzzle to specify what must be the case in order for a criminal attempt to have occurred, given that the results element of the crime fails to come about. I argue that the philosophy of action can assist the criminal law in clarifying what kinds of events are properly categorized as criminal attempts. A natural thought is that this (...) project should take the form of specifying what it is in general to attempt or try to perform an action, and then to define criminal attempts as attempts to commit crimes. Focusing on Gideon Yaffe's resourceful work in Attempts (Oxford University Press, 2010) as an example of this strategy, I argue that it results in a view that is overly inclusive: one will count as trying to commit a crime even in the far remote preparatory stages that we in fact have good reason not to criminalize. I offer an alternative proposal to distinguish between mere preparations and genuine attempts that has its basis not in trying, but doing: a criminal attempt is underway once what the agent is doing is a crime. Working out the details of this schema turns out to have important implications for action theory. A recently burgeoning view known as Naive Action Theory holds that all action can be explained by appeal to some further thing that the agent is doing, and that that the same explanatory nexus is at work even when we appeal to what the agent is intending, trying, or preparing to do -- these notions do explanatory work because they too refer to actions that are in progress, albeit in their infancy. If this is right, than the notion of 'doing' will also be too inclusive for the purposes of the criminal law. I argue that we should draw the reverse conclusion: the distinctions between pure intending, trying, preparing, and doing serve an important purpose in the criminal law, and this fact lends support to the view that they are genuine metaphysical and explanatory distinctions. (shrink)

This contribution reconstructs and assesses Gideon Yaffe’s claims in his book Attempts about what constitutes an attempt, what can count as evidence that an attempt has been made, whether abandonment is a genuine defense, and whether attempts should be punished less severely than completed crimes. I contrast Yaffe’s account of being motivated by an intention and the completion of an attempt in terms of the truth of the completion counterfactual with an alternative picture of attempts as temporally (...) extended decision trees that are complete insofar as the agent has progressed toward the final act in the tree. I suggest that this alternative scalar conception of attempt may provide a more plausible account of the defense of abandonment. I also raise questions about whether Yaffe has provided an adequate justification of his mix of luck skepticism about censure and luck realism about punishment. (shrink)

Region R Question: How many objects — entities, things — are contained in R? Ignore the empty space. Our question might better be put, 'How many material objects does R contain?' Let's stipulate that A, B and C are metaphysical atoms: absolutely simple entities with no parts whatsoever besides themselves. So you don't have to worry about counting a particle's top half and bottom half as different objects. Perhaps they are 'point-particles', with no length, width or breadth. Perhaps they are (...) extended in space without possessing spatial parts (if that is possible). Never mind. We stipulate that A, B and C are perfectly simple. We also stipulate that they are connected as follows. A and B are stuck together in such a way that when a force is applied to one of them, they move together 'as a unit'. Moreover, the two of them together exhibit behavior that neither would exhibit on its own — Perhaps they emit a certain sound, or glow in the dark — whereas C is.. (shrink)

According to one sort of epistemic relativist, normative epistemic claims (e.g., evidence E justifies hypothesis H) are never true or false simpliciter, but only relative to one or another epistemic system. In chapter 6 of Fear of Knowledge, Paul Boghossian objects to this view on the ground that its central notions cannot be explained, and that it cannot account for the normativity of epistemic discourse. This paper explores how the dogged relativist might respond.

The family poses problems for liberal understandings of social justice, because of the ways in which it bestows unearned privileges. This is particularly stark when we consider inter-generational inequality, or ‘class fate’ – the ways in which inequality is transmitted from one generation to the next, with the family unit ostensibly a key conduit. There is a recognized tension between the assumption that families should as far as possible be autonomous spheres of decision-making, and the assumption that we should as (...) far as possible equalize the life chances of all children, regardless of background. In this article I address this tension by way of recent liberal egalitarian literature, and consideration of the different dimensions of class fate. I argue, firstly, that the tension may not be of the a priori nature which liberals have tended to identify – and secondly, that as well as distributive and recognition-based aspects, the notion of contributive justice provides a particularly illuminating way of analyzing what is wrong about class fate, and the role of the family in promoting it. (shrink)

Gideon Rosen and Robert Schwartzkopff have independently suggested (variants of) the following claim, which is a varian of Hume's Principle: -/- When the number of Fs is identical to the number of Gs, this fact is grounded by the fact that there is a one-to-one correspondence between the Fs and Gs. -/- My paper is a detailed critique of the proposal. I don't find any decisive refutation of the proposal. At the same time, it has some consequences which many (...) will find objectionable. (shrink)

Gideon Rosen has recently sketched an argument which aims to establish that the notion of metaphysical modality is systematically ambiguous. His argument contains a crucial sub-argument which has been used to argue for Metaphysical Contingentism, the view that some claims of fundamental metaphysics are metaphysically contingent rather than necessary. In this paper, Rosen’s argument is explicated in detail and it is argued that the most straight-forward reconstruction fails to support its intended conclusion. Two possible ways to save the argument (...) are rebutted and it is furthermore argued that the crucial sub-argument only supports a rather particular variant of Metaphysical Contingentism. (shrink)

Recently, a number of authors have suggested that the epistemic condition on moral responsibility makes blameworthiness much less common than we ordinarily suppose, and much harder to identify. This paper argues that such epistemically based responsibility skepticism is mistaken. Section 2 sketches a general account of moral responsibility, building on the Strawsonian idea that blame and credit relates to the agent’s quality of will. Section 3 explains how this account deals with central cases that motivate epistemic skepticism and how it (...) avoids some objections to quality of will accounts recently raised by Gideon Rosen. But an intuitive worry brought out by these objections remains. Section 4 spells out this remaining worry and argues that, like traditional metaphysical responsibility skepticism, it has its source in a non-standard explanatory perspective on action, suggesting that strategies for explaining away the intuitive pull of traditional skepticism are applicable in this case too. (shrink)

Platonism in the philosophy of mathematics is the doctrine that there are mathematical objects such as numbers. John Burgess and Gideon Rosen have argued that that there is no good epistemological argument against platonism. They propose a dilemma, claiming that epistemological arguments against platonism either rely on a dubious epistemology, or resemble a dubious sceptical argument concerning perceptual knowledge. Against Burgess and Rosen, I show that an epistemological anti- platonist argument proposed by Hartry Field avoids both horns of their (...) dilemma. (shrink)

In this paper I discuss various hard cases that an account of moral ignorance should be able to deal with: ancient slave holders, Susan Wolf’s JoJo, psychopaths such as Robert Harris, and finally, moral outliers. All these agents are ignorant, but it is not at all clear that they are blameless on account of their ignorance. I argue that the discussion of this issue in recent literature has missed the complexities of these cases by focusing on the question of epistemic (...) fault. It is not clear that all blameworthy morally ignorant agents have committed an epistemic fault. There are other important issues that pull us in various directions: moral capacity, bad will, and formative circumstances. I argue that bad will is what is crucial, and moral ignorance itself can be a form of bad will. I argue that we should distinguish between two sorts of bad will, and correspondingly, two sorts of blameworthiness. Ordinary blameworthiness, requires moral knowledge, and is based on akratic action. The other kind of blameworthiness, objective blameworthiness, applies when the agent is morally ignorant, and when this indicates bad will. Objective blameworthiness can be undermined by unfortunate formative circumstances. (shrink)

The Brock-Rosen problem has been one of the most thoroughly discussed objections to the modal fictionalism bruited in Gideon Rosen’s ‘Modal Fictionalism’. But there is a more fundamental problem with modal fictionalism, at least as it is normally explained: the position does not resolve the tension that motivated it. I argue that if we pay attention to a neglected aspect of modal fictionalism, we will see how to resolve this tension—and we will also find a persuasive reply to the (...) Brock-Rosen objection. Finally, I discuss an alternative reading of Rosen, and argue that this position is also able to fend off the Brock-Rosen objection. (shrink)

According to truthmaker theory, particular truths are true in virtue of the existence of particular entities. Truthmaker maximalism holds that this is so for all truths. Negative existential and other ‘negative’ truths threaten the position. Despite this, maximalism is an appealing thesis for truthmaker theorists. This motivates interest in parsimonious maximalist theories, which do not posit extra entities for truthmaker duty. Such theories have been offered by David Lewis and Gideon Rosen, Ross Cameron, and Jonathan Schaffer. But these theories (...) cannot be sustained, I’ll argue, and hence maximalism comes with a serious ontological cost. Neither Armstrong’s invocation of totality facts nor the Martin-Kukso line on absences can meet this cost satisfactorily. I’ll claim that negative facts are the best (and perhaps only) way out of the problem for the truthmaker maximalist. (shrink)

I argue against the claim that morally ignorant wrongdoers are open to blame only if they are culpable for their ignorance, and I argue against a version of skepticism about moral responsibility that depends on this claim being true. On the view I defend, the attitudes involved in blame are typically responses to the features of an action that make it objectionable or unjustifiable from the perspective of the one who issues the blame. One important way that an action can (...) appear objectionable to us is that it expresses a judgment with which we disagree about the significance of the interests of those affected by the action. A morally ignorant wrongdoer’s actions may express such judgments even if it is not her fault that she is unaware of the moral status of her behavior, and even if it would be unreasonable to expect her to be aware of its status. (shrink)

Many philosophers of mathematics are attracted by nominalism – the doctrine that there are no sets, numbers, functions, or other mathematical objects. John Burgess and Gideon Rosen have put forward an intriguing argument against nominalism, based on the thought that philosophy cannot overrule internal mathematical and scientific standards of acceptability. I argue that Burgess and Rosen’s argument fails because it relies on a mistaken view of what the standards of mathematics require.

In this paper I present two new arguments against the possibility of an omniscient being. My new arguments invoke considerations of cardinality and resemble several arguments originally presented by Patrick Grim. Like Grim, I give reasons to believe that there must be more objects in the universe than there are beliefs. However, my arguments will rely on certain mereological claims, namely that Classical Extensional Mereology is necessarily true of the part-whole relation. My first argument is an instance of a problem (...) first noted by Gideon Rosen and requires an additional assumption about the mereological structure of certain beliefs. That assumption is that an omniscient being’s beliefs are mereological simples. However, this assumption is dropped when I present my second argument. Thus, I hope to show that if Classical Extensional Mereology is true of the part-whole relation, there cannot be an omniscient being. (shrink)

As the debate between realists and empiricists in the philosophy of science drags on, one point of consensus has emerged: no one wants to be a manifestationalist. The manifestationalist is a kind of radical empiricist who argues that science provides theories that aim neither at a true picture of the entire world, nor even an empirically adequate picture that captures the world in all its observable respects. For manifestationalists, science aims only at providing theories that are true to the observed (...) aspects of reality. If the guiding idea of empiricism is that experience, and experience alone, provides us with knowledge about the world, then manifestationalism is an exceptionally strict empiricist perspective on science. Manifestationalism has primarily served within a reductio: certain empiricist views and arguments, when taken to their logical conclusion, lead to manifestationalism and so cannot be correct. The reductio works only because manifestationalism is widely agreed to be a non-starter. However, this consensus against manifestationalism is based on a single argument. We contest this assessment of manifestationalism and show that the primary argument against manifestationalism fails to hit its target. We do not intend to offer a manifesto for manifestationalism. Rather, we aim to vindicate it from a false accusation. Manifestationalism may not be the correct view of science, but the objections levied against it so far can be met. (shrink)

This essay discusses various representations of Eichmann's mind that were fashioned on the occasion of his trial in Jerusalem in 1961. Gideon Hausner the prosecutor presented the defendant as demonic. Hannah Arendt, the German-born American Jewish philosopher portrayed him as banal or thoughtless. Limiting themselves to the issue of mens rea in their judgment, the Israeli Supreme Court justices described Eichmann's mind as controlled by criminal intent. While these views have been widely discussed in the literature, much of this (...) essay focuses on a hitherto little noted perspective on Eichmann's mind that was formulated by the mental health experts who examined Eichmann for the prosecution. As compared to the inclusionist, confictual, and complex picture these experts presented of Eichmann's mind, Arendt's and Hausner's views appear similar in their reductionism, rather than diametrically opposed, while the approach of the Supreme Court justices to Eichmann's mind can be regarded as restrictive. Methodological problems involved in all these different perspectives are discussed, and it is argued that even though the psychological outlook declares itself to be non-judgmental, it does, in fact, entail a dimension of moral judgment. Finally, Eichmann 's recently declassified memoirs are adduced and interpreted as lending some support to the psychological, inclusionist perspective on Eichmann's mind. (shrink)

Hermeneutic fictionalism about mathematics maintains that mathematics is not committed to the existence of abstract objects such as numbers. Mathematical sentences are true, but they should not be construed literally. Numbers are just fictions in terms of which we can conveniently describe things which exist. The paper defends Stephen Yablo’s hermeneutic fictionalism against an objection proposed by John Burgess and Gideon Rosen. The objection, directed against all forms of nominalism, goes as follows. Nominalism can take either a hermeneutic form (...) and claim that mathematics, when rightly understood, is not committed to the existence of abstract objects, or a revolutionary form and claim that mathematics is to be understood literally but is false. The hermeneutic version is said to be untenable because there is no philosophically unbiased linguistic argument to show that mathematics should not be understood literally. Against this I argue that it is wrong to demand that hermeneutic fictionalism should be established solely on the basis of linguistic evidence. In addition, there are reasons to think that hermeneutic fictionalism cannot even be defeated by linguistic arguments alone. (shrink)

What do we do with Judges? This two-edged word? This ambidextrous book? These ambivalent heroes? The Judges were drawing their last fleeting breaths shipwrecked and scattered upon the shores of historical-critical-grammatical-linear-modernist-masculine interpretation. "The narrative is primitive," they said. "The editors have made a mess," they exclaimed. "The conclusion is really an appendix," another said. Then the bible-acrobats jumped in pretending there was no literary carnage while at the same time drawing our eyes away from the literary carnage. "No, no, there (...) is an order to this disorderly book!" "Gideon is a man of faith," they explained. "Gideon is a sham," others retorted. "Long live the king," they cried. "Oh no, the king will bring down the nation," others said. Enter the latest literary critics and the fresh feminist readers to save the day. And save they have. Barry noted the irony. Cheryl called attention to the elaborate, spiraling labyrinth. Phyllis remembered the forgotten. Mieke heralded the incoherence. Deborah the Bee slings Barak with irony. Cowardly Jephthah sacrifices his virgin daughter immediately after he is filled with the spirit. Blind Samson remains stuck in some adolescent, Pinnochio-like stage milling around the same old vices. The Levite, the man of word and sacrifice, lies to the people and dismembers his wife. To beat it all the myopic narrator joins in lock step with the other blind characters stumbling around in the narrative. What manner of text is this? These Judges, these stories, are even more troubling now that we take them seriously. Now what do we do with Judges? The recent scholarship is most promising, but I think we must press forward, or is that backward, or perhaps to another plan. Perhaps Judges hearkens forward to the postmodern. What would Judges look like if we viewed the story through a postmodern lens? Would we see the text in another dimension? Would we let the characters live and breathe as confusing, confounding, intricate characters? Judges speaks to me. These judges, they teach me. How can I ever forget my reading of Judges? For once I found a text reflecting the madness of faith in my maddening world. For once I saw a text like Pablo. I heard the echo of Umberto. I noted the faint murmurings of Jacques. I danced a most joyous jig with Julia. I saw, up ahead, or was that behind me, or over to the side, Martin's flickering candle. Mieke, meet Jael. Barak, meet Barry. Jacques, meet Gideon. Samson, meet Martin. Umberto, meet the narrator or two or three. Pablo, meet the Levite's wife---sorry, she has no name. (shrink)

In this paper, I describe and motivate a new species of mathematical structuralism, which I call Instrumental Nominalism about Set-Theoretic Structuralism. As the name suggests, this approach takes standard Set-Theoretic Structuralism of the sort championed by Bourbaki and removes its ontological commitments by taking an instrumental nominalist approach to that ontology of the sort described by Joseph Melia and Gideon Rosen. I argue that this avoids all of the problems that plague other versions of structuralism.