Earl Conee and Richard Feldman have recently argued that the evidential support relation should be understood in terms of explanatory coherence: roughly, one's evidence supports a proposition if and only if that proposition is part of the best available explanation of the evidence. Their thesis has been criticized through alleged counterexamples, perhaps the most important of which are cases where a subject has a justified belief about the future. Kevin McCain has defended the thesis against Byerly's counterexample. I argue that (...) McCain's defense is inadequate before pointing toward a more promising solution for explanationism. The Byerly–McCain exchange is important because it casts light on the difficult issues of the standards for justification and the nature of epistemic support. Furthermore, McCain's defense of explanationism about epistemic support represents an important recent development of the burgeoning explanationist program in epistemology and philosophy of science. (shrink)

“I know that p but it is possible that not-p” sounds contradictory. Some philosophers, notably David Lewis, have taken this as evidence that knowledge requires infallibility. Others have attempted to undermine that inference by arguing that there is a plausible pragmatic explanation of why such sentences sound odd, and thus do not undermine fallibilism. I argue that the proffered pragmatic explanations fail and I raise challenges for any possible pragmatic explanation of the character of concessive knowledge attributions. It is reasonable (...) to conclude that concessive knowledge attributions are genuine contradictions. (shrink)

In this paper I consider the prospects for a skeptical version of infallibilism. For the reasons given above, I think skeptical invariantism has a lot going for it. However, a satisfactory theory of knowledge must account for all of our desiderata, including that our ordinary knowledge attributions are appropriate. This last part will not be easy for the infallibilist invariantist. Indeed, I will argue that it is much more difficult than those sympathetic to skepticism have acknowledged, as there are serious (...) problems with regarding paradigmatic, typical knowledge attributions as loose talk, exaggerations, or otherwise practical uses of language. So, I do not think the pragmatic story that skeptical invariantism needs is one that works without a supplemental error theory of the sort left aside by purely pragmatic accounts of knowledge attributions. In its place, I will offer a compromise pragmatic and error view that I think delivers everything that skeptics can reasonably hope to get. (shrink)

Duncan Pritchard has argued that luck is fundamentally a modal notion: an event is lucky when it occurs in the actual world, but does not occur in more than half of the relevant nearby possible worlds. Jennifer Lackey has provided counterexamples to accounts which, like Pritchard’s, only allow for the existence of improbable lucky events. Neil Levy has responded to Lackey by offering a modal account of luck which attempts to respect the intuition that some lucky events occur in more (...) than half of the relevant nearby possible worlds. But his account rejects that events which are as likely as those in Lackey’s examples are lucky. Instead, they are merely fortunate. I argue that Levy’s argument to this effect fails. I then offer a substitute account of the improbability condition which respects this intuition. This condition says that the relevant notion of probability for luck is epistemic. (shrink)

In this paper, I explain the curious role played by the Argument from Absolute Terms in Peter Unger's book Ignorance, I provide a critical presentation of the argument, and I consider some outstanding issues and the argument’s contemporary significance.

Positions in the debate about the correct semantics of “S knows that p” are sometimes motivated in part by an appeal to interpretive charity. In particular, non-skeptical views hold that many utterances of the sentence “S knows that p” are true and some of them think the fact that their views are able to respect this is a reason why their views are more charitable than skeptical invariantism. However, little attention has been paid to why charity should be understood in (...) this way and little effort has been spent justifying the notion that a charitable semantics is likely to be true. I distinguish two kinds of interpretive charity. One principle of charity is often appealed to in the literature. I introduce a second. I argue that while some positions better respect one principle of charity, the reverse is true of the other principle of charity. I conclude with some remarks about how to break this apparent tie. (shrink)

Joel Pust has recently challenged the Thomas Reid-inspired argument against the reliability of the a priori defended by Alvin Plantinga, Nicholas Wolterstorff, William Alston, and Michael Bergmann. The Reidian argument alleges that the Cartesian insistence on the primacy of a priori rationality and subjective sensory experience as the foundations of epistemic justification is unwarranted because the same kind of global skeptical scenario that Cartesians recognize as challenging the legitimacy of perceptual beliefs about the external world also undermine the reliability of (...) a priori rationality. In reply, Pust contends that some a priori propositions are beyond doubt and that fact can be used to support the overall reliability of reason. This paper challenges Pust’s argument. I argue that while Pust successfully undermines a radical skeptical view of reason, he does not refute a more modest skepticism. I conclude with some suggestions for Cartesian a priorists. (shrink)

The Limitations of the Open Mind. By Fantl Jeremy.

Within every field of study man grasps at one simple objective…truth. For mathematics, the truth is in the solution to the equation; in science the truth results from experimentation; and in philosophy the truth is found in understanding. Philosophically, what is meant by truth and the converse, untruth? As this article will show, the idea of personal belief factoring into the concept of truth is not far-fetched and the impact of individuality and personal bias on truth are tremendous. These influences (...) can alter what is meant by truth and by what means truth is derived. Taking four key works: Mary Douglas’ Purity and Danger; Georges Bataille’s The Accursed Share (Volume 1); Martin Heidegger’s Poetry, Language, Thought; and Michel Foucault’s The Order of Things, I will examine the role of truth within each. I am going to attempt to demonstrate the importance of perception and opinion as it pertains to truth because the application of one’s own truth enables that truth to validate a philosophical opinion. (shrink)

Emphasizing the human body in all of its forms, Beauty Unlimited expands the boundaries of what is meant by beauty both geographically and aesthetically. Peg Zeglin Brand and an international group of contributors interrogate the body and the meaning of physical beauty in this multidisciplinary volume. This striking and provocative book explores the history of bodily beautification; the physicality of socially or culturally determined choices of beautification; the interplay of gender, race, class, age, sexuality, and ethnicity within and on the (...) body; and the aesthetic meaning of the concept of beauty in an increasingly globalized world. Foreward by Carolyn Korsmeyer. Authors include Noel Carroll, Gregory Velazco Y Trianosky, Monique Roelofs, Whitney Davis, Eleanor Heartney, Diana Tietjens Meyers, Phoebe M. Farris, Mary Devereaux, Jo Ellen Jacobs, Karina L. Cespedes-Cortes and Paul C. Taylor, Fedwa Malti-Douglas, Stephen Davies, Jane Duran, Valerie Sullivan Fuchs, Keith Lehrer, Allen Douglas, Cynthia Freeland, Eva Kit Wah Man, Mary Bittner Wiseman, and Peg Brand's essay, "ORLAN Revisited: Disembodied Virtual Hybrid Beauty.". (shrink)

Nico Silins (2012, 2013, 2020) argues that conscious judgments justify self-attribution of belief in the content judged. In defending his view, he makes use of Moore’s Paradox, seeking to show how his theory can explain what seems irrational or absurd about sentences of the form, ‘p and I do not believe that p’. I show why his argument strategy is not available to defend the view that conscious judgments can justify the self-attribution of belief in the content judged. I then (...) propose an amended version of his theory, which holds that sincerely asserting a proposition—whether aloud or silently—justifies self-ascribing belief in the proposition expressed. In doing so, I draw on an argument which I made in Gregory (2018) that there is something it is like to make a sincere assertion which is different from what it is like to make an insincere assertion. The phenomenology of sincere assertion provides immediate justification for self-ascription of belief in a proposition which has been sincerely asserted; nonetheless, it may be that we need to interpret our own assertions in order to determine which propositions they express. This paves the way for showing how two competing schools of thought about self-knowledge—one which holds that self-knowledge is immediate and one which holds that self-knowledge is inferential—might be combined. (shrink)

This paper concerns Plato’s characterization of the body as the soul’s tool. I take perception as an example of the body’s usefulness. I explore the Timaeus’ view that perception provides us with models of orderliness. Then, I argue that perception of confusing sensible objects is necessary for our cognitive development too. Lastly, I consider the instrumentality relationship more generally and its place in Plato’s teleological worldview.

Report submitted by Gregory B. Sadler, Pilot Project Coordinator to Sonya Brown, WAC Activity Director, Fayetteville State University, June 28 2011. -/- A Pilot program focused on improving student performance in carrying out Close Readings in humanities-based discipline courses was developed and implemented under the auspices of Writing Across the Curriculum and Title III at Fayetteville State University in Winter and Spring 2011. Five faculty were involved in the Pilot, myself as the coordinator, and four other faculty from four (...) different disciplines as participants. -/- The central idea behind the Pilot was that by focusing on the lower-order skills which are scaffolded as components into the higher-order activity of Close Reading of texts, and redesigning courses to emphasize development of these lower-order skills, student performances in Close Readings would also be improved. This did turn out to be the case. Most of the supporting data is qualitative rather than quantitative. -/- It is recommended that similar activities be continued, but that participating faculty be required to provide much more prescriptively structured and detailed assessment data and information about their course design. (shrink)

Andreas Schmidt and Neil Levy have recently defended nudging against the objection that nudges fail to treat nudgees as rational agents. Schmidt rejects two theses that have been taken to support the objection: that nudges harness irrational processes in the nudgee, and that they subvert the nudgee’s rationality. Levy rejects a third thesis that may support the objection: that nudges fail to give reasons. I argue that these defences can be extrapolated from nudges to some nonconsensual neurointerventions; if Schmidt’s and (...) Levy’s defences succeed, then some nonconsensual neurointerventions neither harness irrationality, nor subvert rationality, nor fail to give reasons. This, I claim, poses a challenge both to opponents of nonconsensual neurointerventions, and to defenders of nudging. (shrink)

The theory of lower previsions is designed around the principles of coherence and sure-loss avoidance, thus steers clear of all the updating anomalies highlighted in Gong and Meng's "Judicious Judgment Meets Unsettling Updating: Dilation, Sure Loss, and Simpson's Paradox" except dilation. In fact, the traditional problem with the theory of imprecise probability is that coherent inference is too complicated rather than unsettling. Progress has been made simplifying coherent inference by demoting sets of probabilities from fundamental building blocks to secondary representations (...) that are derived or discarded as needed. (shrink)

The purpose of this paper is not to show that the answer to the question in the title is ‘no’, but to show that it is ‘probably not’, at least on one particular theory of memory. Assuming that an experience will only be an episodic memory if we are ‘disposed to take the relevant experience into account when judging about the past’ (Debus 2010, p. 25), there are many obstacles to answering the question in the affirmative. If one holds that (...) it is possible to have episodic memories during dreams, they will have to accept more implications than may be palatable. Specifically, they will have to believe, contra Sosa (2007), that we can actually make judgments during dreams and not just imagine doing so; that we retain a fairly high degree of rationality during dreams; and that there is a respectable sense in which we can refer to the past at all when we dream. (shrink)

This paper examines the view that desires are beliefs about normative reasons for action. It describes the view, and briefly sketches three arguments for it. But the focus of the paper is defending the view from objections. The paper argues that the view is consistent with the distinction between the direction of fit of beliefs and desires, that it is consistent with the existence of appetites such as hunger, that it can account for counterexamples that aim to show that beliefs (...) about reasons are not sufficient for desire, such as weakness of will, and that it can account for counterexamples that aim to show that beliefs about reasons are not necessary for desire, such as addiction. The paper also shows how it is superior to the view that desires are appearances of the good. (shrink)

This paper uses argument diagrams, argumentation schemes, and some tools from formal argumentation systems developed in artificial intelligence to build a graph-theoretic model of relevance shown to be applicable as a practical method for helping a third party judge issues of relevance or irrelevance of an argument in real examples. Examples used to illustrate how the method works are drawn from disputes about relevance in natural language discourse, including a criminal trial and a parliamentary debate.

After raising some minor philosophical points about Kevin Elliott’s A Tapestry of Values (2017), I argue that we should expand on the themes raised in the book and that philosophers of science need to pay as much attention to the loom of science (i.e., the institutional structures which guide the pursuit of science) as the tapestry of science. The loom of science includes such institutional aspects as patents, funding sources, and evaluation regimes that shape how science gets pursued, and that (...) attending to these aspects will enable us to provide more robust guidance on the values that infuse the tapestry of science. (shrink)

The field of of imprecise probability has matured, in no small part because of Teddy Seidenfeld’s decades of original scholarship and essential contributions to building and sustaining the ISIPTA community. Although the basic idea behind imprecise probability is (at least) 150 years old, a mature mathematical theory has only taken full form in the last 30 years. Interest in imprecise probability during this period has also grown, but many of the ideas that the mature theory serves can be difficult to (...) apprehend to those new to the subject. Although these fundamental ideas are common knowledge in the ISIPTA community, they are expressed, when they are expressed at all, obliquely, over the course of years with students and colleagues. -/- A single essay cannot convey the store of common knowledge from any research community, let alone the ISIPTA community. But, this essay nevertheless is an attempt to guide those familiar with the basic Bayesian framework to appreciate some of the elegant and powerful ideas that underpin the contemporary theory of lower previsions, which is the theory that most people associate with the term ‘imprecise probabilities’. (shrink)

Esta pesquisa analisa alguns tópicos sobre a metodologia de acordo com a filosofia da ciência de Larry Laudan, além de examinar, na área da educação, esta proposta de interpretação filosófica. Trouxemos como elementos algumas considerações e definições sobre a metodologia em Laudan, isto é, da metodologia como um instrumento para a realização da axiologia (que são as metas e os valores cognitivos), porém, apresentando também interessantes relações para com as teorias específicas, como o de justificar as teorias específicas e de (...) ser restringida por elas. A metodologia é também, dentro do modelo reticulado de Laudan, justificada pela axiologia. Para além desta análise, há também uma defesa da metodologia enquanto o estudo dela própria, o que permite encontrarmos conexões interessantes em teorias da educação, como no caso da investigação-ação, onde vemos que estamos diante de uma tradição de pesquisa nos moldes defendidos pela filosofia da ciência de Laudan, por reconhecermos que temos um modelo reticular composto por teorias específicas, metodologias e axiologia também na área da educação. Veremos também que a metodologia em Laudan possui um caráter dinâmico, tensionando e sendo tensionada pelos componentes da tradição de pesquisa, caracterizando o modelo reticulado de racionalidade proposto pelo filósofo. Este debate em Laudan, juntamente com a tradição de pesquisa da investigação-ação da área da educação serão investigados neste artigo. Como base para a construção deste texto, utilizamos as seguintes obras de Laudan: The Progress and its problems: towards a theory of scientific growth (1977), Science and Values (1984a), Explaining the success of science: beyond epistemic realism and relativism (1984b), Methodology’s prospects (1986), Progress or Rationality? The Prospects for Normative Naturalism (1987a), Aim-less Epistemology? (1990a) e Normative Naturalism (1990b). (shrink)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. (shrink)

This is an encyclopedia entry on consequentializing. It explains what consequentializing is, what makes it possible, why someone might be motivated to consequentialize, and how to consequentialize a non-consequentialist theory.

Would compulsory treatment or vaccination for Covid-19 be justified? In England, there would be significant legal barriers to it. However, we offer a conditional ethical argument in favour of allowing compulsory treatment and vaccination, drawing on an ethical comparison with external constraints—such as quarantine, isolation and ‘lockdown’—that have already been authorised to control the pandemic. We argue that, if the permissive English approach to external constraints for Covid-19 has been justified, then there is a case for a similarly permissive approach (...) to compulsory medical interventions. (shrink)

Blame is multifarious. It can be passionate or dispassionate. It can be expressed or kept private. We blame both the living and the dead. And we blame ourselves as well as others. What’s more, we blame ourselves, not only for our moral failings, but also for our non-moral failings: for our aesthetic bad taste, gustatory self-indulgence, or poor athletic performance. And we blame ourselves both for things over which we exerted agential control (e.g., our voluntary acts) and for things over (...) which we lacked such control (e.g., our desires, beliefs, and intentions). I argue that, despite this manifest diversity in our blaming practices, it’s possible to provide comprehensive account of blame. Indeed, I propose a set of necessary and sufficient conditions that aims to specify blame’s extension in terms of its constitution as opposed to its function. And I argue that this proposal has a number of advantages beyond accounting for blame in all its disparate forms. For one, it can account for the fact that one’s having had control over whether one was to φ is a necessary condition for one’s being fittingly blamed for having φ-ed. For another, it can account for why, unlike fitting shame, fitting blame is always deserved, which in turn explains why there is something morally problematic about ridding oneself of one’s fitting self-blame (e.g., one’s fitting guilt). (shrink)

Ancient philosophical schools developed and discussed perspectives and practices on the emotion of anger useful in contemporary philosophical practice with clients, groups, and organizations. This paper argues the case for incorporating these insights from four main philosophical schools (Platonist, Aristotelian, Epicurean, and Stoic) sets out eight practices drawn from these schools, and discusses how these insights can be used by philosophical practitioners with clients.

In this paper, I defend a new theory of normative reasons called reasons as good bases, according to which a normative reason to φ is something that is a good basis for φing. The idea is that the grounds on which we do things—bases—can be better or worse as things of their kind, and a normative reason—a good reason—is something that is just a good instance of such a ground. After introducing RGB, I clarify what it is to be a (...) good basis, and argue that RGB has various attractive features: it has intuitive implications, makes good sense of the weights of reasons, and attractively explains the relationship between normative reasons and motivating reasons. I then briefly defend the view from objections and compare it to rivals. Finally, I sketch two possible implications of RGB: some kind of constitutivism, according to which the norms that govern us are explained by the nature of agency, and second, the claim that agents who do things for reasons generally do them for good reasons. (shrink)

In The Decline of the West Spengler puts forward a type of philosophical anthropology, an account of the structures of human experiential consciousness and a method of “physiognomic” analysis, which I argue has dimensions that can be understood as akin to existential phenomenology. Humanity, for Spengler, is witness to the creative flux of “Becoming” and constructs a world of phenomena bounded by death, underpinned by the two prime feelings of dread and longing and structured by the two forms of Destiny (...) (Time) and Direction (Space). Human existence, Spengler argues, is future-directed and open in the sense that there is a certain degree of freedom in the ways in which humanity can actualize its existential possibilities. In the course of elaborating the existential implications of this future-orientation, Spengler introduces the concept of care (Sorge), the fundamental experiential structure. (shrink)

Philosophy of technology was not initially considered a consolidated field of inquiry. However, under the influence of sociology and pragmatist philosophy, something resembling a consensus has emerged in a field previously marked by a lack of agreement amongst its practitioners. This has given the field a greater sense of structure and yielded interesting research. However, the loss of the earlier “messy” state has resulted in a limitation of the field’s scope and methodology that precludes an encompassing view of the problematic (...) issues inherent in the question of technology. It is argued that the heterodox disunity and diversity of earlier philosophy of technology was not a mark of theoretical immaturity but was necessitated by the field’s complex subject matter. It is further argued that philosophy of technology should return to its pluralistic role as a meta-analytical structure linking insights from different fields of research. (shrink)

Interventions that modify a person’s motivations through chemically or physically influencing the brain seem morally objectionable, at least when they are performed nonconsensually. This chapter raises a puzzle for attempts to explain their objectionability. It first seeks to show that the objectionability of such interventions must be explained at least in part by reference to the sort of mental interference that they involve. It then argues that it is difficult to furnish an explanation of this sort. The difficulty is that (...) these interventions seem no more objectionable, in terms of the kind of mental interference that they involve, than certain forms of environmental influence that many would regard as morally innocuous. The argument proceeds by comparing a particular neurointervention with a comparable environmental intervention. The author argues, first, that the two dominant explanations for the objectionability of the neurointervention apply equally to the environmental intervention, and second, that the descriptive difference between the environmental intervention and the neurointervention that most plausibly grounds the putative moral difference in fact fails to do so. The author concludes by presenting a trilemma that falls out of the argument. (shrink)

I argue that the blameworthy deserve to suffer in that they deserve to feel guilt, which is the unpleasant experience of appreciating one’s apparent culpability for having done wrong. I argue that the blameworthy deserve to feel guilt because they owe it to those whom they’ve culpably wronged to (a) hold themselves accountable, (b) manifest the proper regard for those whom they’ve wronged, and (c) appreciate their culpability for, and the moral significance of, their wrongdoing. And I argue that the (...) blameworthy must feel guilt to satisfy a–c. What’s more, I argue that, in thinking about whether the blameworthy deserve to feel guilt, we need to compare the world in which the blameworthy feel guilt to the world in which the non-blameworthy feel guilt, for, as I argue, it’s insufficient to compare only the world in which the blameworthy feel guilt to the world in which the blameworthy don’t feel guilt. (shrink)

(Open Access article, freely available to download from publisher's site.) Our visual experiences of objects as located in external space, and as having definite three-dimensional shapes, are closely linked to our implicit expectations about what things will look like from alternative viewpoints. What sorts of contents do these expectations involve? One standard answer is that they relate to what things will look like to us upon changing our positions. And what sorts of mental representations do the expectations call upon? A (...) standard answer is that they involve our powers of visual imagery; this answer requires us to allow for the possibility of unconscious visual imagery, however. The current paper presents an alternative model of the contents of our implicit visual expectations, one that regards them as wholly nonreflexive. It also argues that, once we ascribe the relevant contents to the expectations, there is no longer any reason for holding that they involve our powers of visual imagery. (shrink)

Some philosophers—for example, Husserl, Alva Noë and Susanna Siegel—have claimed that the contents of visual sensations standardly include references to the later visual episodes that one would have under certain conditions. The current paper claims that there are no good reasons for accepting that view. Instead, it is argued that the conscious phenomena which have been cited as manifesting the presence within visual contents of references to ways that things would look in the course of later visual sensations are better (...) explained in another manner: in terms of references within the contents of ordinary visual sensations to ways that things actually then look from various perspectives. (shrink)

Maximalism is the view that an agent is permitted to perform a certain type of action if and only if she is permitted to perform some instance of this type, where φ-ing is an instance of ψ-ing if and only if φ-ing entails ψ-ing but not vice versa. Now, the aim of this paper is not to defend maximalism, but to defend a certain account of our options that when combined with maximalism results in a theory that accommodates the idea (...) that a moral theory ought to be morally harmonious—that is, ought to be such that the agents who satisfy the theory, whoever and however numerous they may be, are guaranteed to produce the morally best world that they have the option of producing. I argue that, for something to count as an option for an agent, it must, in the relevant sense, be under her control. And I argue that the relevant sort of control is the sort that we exercise over our reasons-responsive attitudes by being both receptive and reactive to reasons. I call this sort of control rational control, and I call the view that φ-ing is an option for a subject if and only if she has rational control over whether she φs rationalism. When we combine this view with maximalism, we get rationalist maximalism, which I argue is a promising moral theory. (shrink)

In this chapter I examine how expected-value theory might inform responses to what I call the dual-use problem. I begin by defining that problem. I then outline a procedure, which invokes expected-value theory, for tackling it. I first illustrate the procedure with the aid of a simplified schematic example of a dual-use problem, and then describe how it might also guide responses to more complex real-world cases. I outline some attractive features of the procedure. Finally, I consider whether and how (...) the procedure might be amended to accommodate various criticisms of it. (shrink)

In this paper I highlight two noteworthy features of assertions about our desires, and then highlight two ways in which they can mislead us into drawing unwarranted conclusions about desire. Some of our assertions may indicate that we are sometimes motivated independently of desire, and other assertions may suggest that there are vast divergences between our normative judgements and our desires. But I suggest that some such assertions are, in this respect, potentially misleading, and have in fact misled authors such (...) as Russ Shafer-Landau, Jack Woods, and Tim Scanlon. (shrink)

The purpose of this paper is to show that if one adopts conditional probabilities as the primitive concept of probability, one must deal with the fact that even in very ordinary circumstances at least some probability values may be imprecise, and that some probability questions may fail to have numerically precise answers.

Growing concern with the panpsychist's ostensive inability to solve the ‘combination problem’ has led some authors to adopt a view titled ‘Cosmopsychism’. This position turns panpsychism on its head: rather than many tiny atomic minds, there is instead one cosmos-sized mind. It is supposed that this view voids the combination problem, however I argue that it does not. I argue that there is a ‘de-combination problem’ facing the cosmopsychist, which is equivalent to the combination problem as they are both concerned (...) with subjects being proper parts of other subjects. I then propose two methods for both theorists to avoid the problem of subject-subject proper parthood relations: a distinction between absolute and relative phenomenal unity, and a modification of the essential nature of subjects. Of these two options, I find the latter option wanting and propose that the first should be adopted. (shrink)

This chapter proposes a dialectical approach to legal interpretation, consisting of three dimensions: a formalization of the canons of interpretation in terms of argumentation schemes; a dialectical classification of interpretive schemes; and a logical and computational model for comparing the arguments pro and contra an interpretation. The traditional interpretive maxims or canons used in both common and civil law are translated into defeasible patterns of arguments, which can be evaluated through sets of corresponding critical questions. These interpretive argumentation schemes are (...) classified in general categories and a distinction is drawn between schemes supporting and rebutting an interpretation. This framework allows conceiving statutory interpretation as a dialectical procedure consisting in weighing arguments pro and contra an interpretation. This procedure is formalized and represented computationally through tools from formal argumentation systems. (shrink)

The federal system for allocating donated livers in the United States is often criticized for allowing geographic disparities in access to livers. Critics argue that such disparities are unfair on the grounds that where one lives is morally arbitrary and so should not influence one's access to donated livers. They argue instead that livers should be allocated in accordance with the equal opportunity principle, according to which US residents who are equally sick should have the same opportunity to receive a (...) liver, regardless of where they live. In this paper, we examine a central premise of the argument for the equal opportunity principle, namely, that geographic location is a morally arbitrary basis for allocating livers. We raise some serious doubts regarding the truth of this premise, arguing that under certain conditions, factors closely associated with geographic location are relevant to the allocation of livers, and so that candidates' geographic location is sometimes a morally non-arbitrary basis for allocating livers. Geographic location is morally non-arbitrary, we suggest, since by taking it into account, the UNOS may better fulfill its central goals of facilitating the effective and efficient placement of organs for transplantation and increasing organ donation. (shrink)

David Lewis describes, then attempts to refute, a simple anti-Humean theory of desire he calls ‘Desire as Belief’. Lewis’ critics generally accept that his argument is sound and focus instead on trying to show that its implications are less severe than appearances suggest. In this paper I argue that Lewis’ argument is unsound. I show that it rests on an essential assumption that can be straightforwardly proven false using ideas and principles to which Lewis is himself committed.

There is, on a given moral view, an agent-centered restriction against performing acts of a certain type if that view prohibits agents from performing an instance of that act-type even to prevent two or more others from each performing a morally comparable instance of that act-type. The fact that commonsense morality includes many such agent-centered restrictions has been seen by several philosophers as a decisive objection against consequentialism. Despite this, I argue that agent-centered restrictions are more plausibly accommodated within a (...) consequentialist framework than within the more standard side-constraint framework. For I argue that when we combine agent-relative consequentialism with a Kantian theory of value, we arrive at a version of consequentialism, which I call 'Kantsequentialism', that has several advantages over the standard side-constraint approach to accommodating constraints. What’s more, I argue that Kantsequentialism doesn’t have any of the disadvantages that critics of consequentializing have presumed that such a theory must have. (shrink)

In this paper it is argued that we should amend the traditional understanding of the view known as the guise of the good. The guise of the good is traditionally understood as the view that we only want to act in ways that we believe to be good in some way. But it is argued that a more plausible view is that we only want to act in ways that we believe we have normative reason to act in. This change (...) – from formulating the view in terms of goodness to formulating it in terms of reasons – is significant because the revised view avoids various old and new counterexamples to the traditional view, because the revised view is better motivated than the traditional view, and because the revised view is better placed to explain certain features of desire than the traditional view. The paper finishes by showing that the conclusions reached are compatible with theories such as the buck passing account of value. (shrink)

Do representational pictures have propositional contents? The current paper argues that the characteristic contents of pictures are predicative rather than propositional: pictures characterise things as looking certain ways, and they thereby express properties of visual perspectives. The paper argues that the characteristic predicative contents of pictures are nonetheless able to feature in fully-fledged propositional contents once they are combined with contents of other suitable sorts. Various facts about communicative uses of pictures are then explained. The paper concludes by considering the (...) bearing of its conclusions upon questions about the relationships between linguistic representation and pictorial representation. (shrink)

In this paper, I take it for granted both that there are two types of blameworthiness—accountability blameworthiness and attributability blameworthiness—and that avoidability is necessary only for the former. My task, then, is to explain why avoidability is necessary for accountability blameworthiness but not for attributability blameworthiness. I argue that what explains this is both the fact that these two types of blameworthiness make different sorts of reactive attitudes fitting and that only one of these two types of attitudes requires having (...) been able to refrain from φ-ing in order for them to be fitting. (shrink)

The value of health states is often understood to depend on their impact on the goodness of people's lives. As such, prominent health states metrics are grounded in particular conceptions of wellbeing – e.g. hedonism or preference satisfaction. In this paper, I consider how liberals committed to the public justification requirement – the requirement that public officials choose laws and policies that are justifiable to their citizens – should evaluate health states. Since the public justification requirement prohibits public officials from (...) appealing to controversial conceptions of the good life, liberals committed to this principle face a significant puzzle. (shrink)

_Theurgy and the Soul_ is a study of Iamblichus of Syria, whose teachings set the final form of pagan spirituality prior to the Christianization of the Roman Empire. Gregory Shaw focuses on the theory and practice of theurgy, the most controversial and significant aspect of Iamblichus's Platonism. Theurgy literally means "divine action." Unlike previous Platonists who stressed the elevated status of the human soul, Iamblichus taught that the soul descended completely into the body and thereby required the performance of (...) theurgic rites—revealed by the gods—to unite the soul with the One. Iamblichus was once considered one of the great philosophers whose views on the soul and the importance of ritual profoundly influenced subsequent Platonists such as Proclus and Damascius. The Emperor Julian followed Iamblichus's teachings to guide the restoration of traditional pagan cults in his campaign against Christianity. Although Julian was unsuccessful, Iamblichus's ideas persisted well into the Middle Ages and beyond. His vision of a hierarchical cosmos united by divine ritual became the dominant world view for the entire medieval world and played an important role in the Renaissance Platonism of Marsilio Ficino. Even Ralph Waldo Emerson wrote that he expected a reading of Iamblichus to cause a "revival in the churches." But modern scholars have dismissed him, seeing theurgy as ritual magic or "manipulation of the gods." Shaw, however, shows that theurgy was a subtle and intellectually sophisticated attempt to apply Platonic and Pythagorean teachings to the full expression of human existence in the material world. (shrink)