Plea bargains are the stock-in-trade of the modern American prosecutor’s office. The basic scenario, wherein a defendant agrees to plea guilty in exchange for a reduced sentence, is familiar to viewers of police procedurals. In an equally famous variation on the theme, the prosecutor requests something more than an admission of guilt: leniency will only be forthcoming if the defendant is willing to cooperate with the prosecutor in securing the conviction of another suspect. In some of these cases, the (...) defendant is a low-level criminal who has information on a high-level malefactor who is of more interest to the police. In others, the defendant and the person she is asked to testify against are of the same criminal rank, but evidentiary weaknesses induce the prosecutor to seek the aid of one suspect in order to convict the other. In this latter version, the classic tactic of film detectives is to offer the bargain to both defendants in the hopes that one will crack and agree to reveal what he knows about the other. The defendants could either be in custody for different crimes or be accomplices in the same offense. -/- The last variation (involving accomplices) is the subject of this Article. I take issue with the prosecutorial tactics in these cases because of the risk they create of punishing the comparatively virtuous person more than the comparatively vicious one for the same acts. As I will argue, it is the less honest person who is more likely to accept the prosecutor’s deal, leading the more honest person, who resisted temptation, to suffer greater penalties. -/- I contend that this scenario offends distributive justice, runs counter to the idea (accepted by some) that a proper goal of the state is the cultivation of good character in the citizenry, and is perverse insofar as a person will suffer more from the prosecutor's dilemma insofar as she is more or less a person of conscience. These negative considerations notwithstanding, I do not call for the abolition of accomplice plea bargaining but argue that the problems I raise should be considered when weighing its pros and cons. -/- This article was published in the company of a strong critical response by Guha Krishnamurthi, whose contribution I greatly appreciate. (shrink)

At the heart of Jennifer Lackey's recent book is highly original work in identifying a form of testimonial injustice that is quite distinct from those hitherto identified. Since the publication of Miranda Fricker’s Epistemic Injustice there has been an enormous flurry of work done on injustices where people are wronged as givers of knowledge (testimonial injustice) or where people are wronged in their capacity as a subject of social understanding (hermeneutical injustice). Fricker’s focus in that book was on cases where (...) people are not believed or where deflated credibility is given to their word as a result of prejudice in the hearer . However, Lackey points out that there are many instances where people are wronged not by being granted too little credibility but by being given too much credibility. False confessions, guilty pleas, and eyewitness testimony are sometimes taken as sufficient to imprison people or even execute them, despite the fact that the testimony in question has been extracted through manipulation, deception, and coercion and despite the fact that other evidence is lacking or conflicts with the false confessions, guilty pleas, or eyewitness testimony. (shrink)

Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. (...) Are you guilty now? -/- Probably. You might argue that your scopophiliac ambition was impossible to satisfy given that you were peeping into a squash court, not a locker room. But this “Impossibility Defense” would fail because most jurisdictions follow the very influential Model Penal Code (MPC), which says that what is important about attempt is not the likelihood of success but rather what was going on in your head. You tried to peer into a locker room with the intention of seeing some nudity; that is enough for culpability. The fact that you were mistaken about the location does not exonerate you. -/- But now suppose that the particular jurisdiction you are in does not criminalize voyeurism. While most people think that voyeurism is just plain wrong, if not disgusting, the legislature just never got around to drafting a statute against it. Are you guilty now? The answer is no. But you might just be out of luck and convicted anyway. -/- The reason for this strange conclusion is that most jurisdictions have followed the Model Penal Code in yet another respect: along with the MPC’s “subjectivist” emphasis on what is in your head, they have followed the MPC’s lead in abolishing the Impossibility Defense entirely. As a result, people who believe that they are breaking laws when they really are not may still be subject to arrest, prosecution, and conviction respectively by police, prosecutors, and judges/juries merely if all three parties regard your conduct — especially your trying to violate a law that you mistakenly believed in — as morally reprehensible. The best, if not only, defense against this charge is the Impossibility Defense, but — again — most jurisdictions have decided to make this defense unavailable to defendants. -/- Depriving eligible defendants of the Impossibility Defense is unjust. It violates one of the most basic principles of criminal justice: the legality principle. The legality principle says that there cannot be just punishment without a crime, and there should not be a crime without an explicit law designating it as such. So you cannot be charged with, and convicted of, attempted voyeurism if voyeurism, reprehensible as it may be, was not explicitly prohibited at the time that you made the attempt. -/- If we believe in the legality principle, then we must restore the Impossibility Defense. Without the latter, too many defendants are being — and will continue to be — punished for attempts to perform acts that were not themselves illegal but which various parties in the criminal justice system (except the legislature) thought should be illegal based on their extralegal, moral prejudices. -/- In addition to the MPC, the principal obstacle to resurrecting the Impossibility Defense is a good deal of conceptual confusion that permeates relevant cases and scholarship. Too many courts and academics have conflated “factual impossibility” with “legal impossibility” and have fallaciously inferred “hybrid impossibility” from “hybrid mistakes” (that is, legal mistakes that derive from factual mistakes). One of the principal goals of this Article, then, is to clear up all of this confusion. I will explicate in the simplest possible terms (a) the difference between factual impossibility and legal impossibility, (b) why only legal impossibility qualifies as exculpatory, and (c) why hybrid impossibility simply does not exist. (shrink)

Over one hundred years ago, the Supreme Court emphatically declared that deportation proceedings are civil, not criminal, in nature. As a result, none of the nearly 400,000 individuals who were deported last year enjoyed any of the constitutional protections afforded to criminal defendants under the Sixth or Eighth Amendments. Among those 400,000 were numerous detained juveniles and mentally ill individuals who, as a result of the civil designation, had no right to appointed counsel. These individuals were thus forced to navigate (...) the labyrinth of immigration law alone. Others were lawful permanent residents who had pled guilty to minor offenses upon the correct advice of counsel that they could not be deported. These individuals later became subject to deportation when Congress retroactively changed the law, unbound by the criminal prohibition against ex post facto laws. The dichotomy between the gravity of the liberty interest at stake in these proceedings––a lifetime of exile from homes and families in the United States––and the relative dearth of procedural protections afforded respondents, has always been intuitively unjust to some. However, over the past twenty years, as immigration and criminal law have become intertwined as never before, the intuitive sense of many has matured into a scholarly movement exploring the criminalization of immigration law. This movement has taken aim at the incoherence of deportation’s civil designation. Until recently, however, there was little reason to think the Supreme Court would wade into the waters of the resurgent debate over the nature of deportation proceedings. In Padilla v. Kentucky, 130 S.Ct. 1473 (2010), however, the Court surprised almost everyone as it went to great length to chronicle the criminalization of immigration law and ultimately concluded that deportation is - uniquely difficult to classify. The immediate impact of the Padilla decision is the critical recognition that criminal defendants have a right to be advised by their attorneys if a plea they are contemplating will result in deportation. However, I argue, that in time Padilla may come to stand for something much more significant in immigration jurisprudence. When we read Padilla in the context of the Supreme Court’s evolving immigration jurisprudence, there is good reason to believe that Padilla is a critical pivot point for the Court. Padilla marks the beginning of a significant reconceptualization of the nature of deportation toward the realization that it is neither truly civil nor criminal. Rather, deportation is different. It is a unique legal animal that lives in the crease between the civil and criminal labels. This article explores the evolving arch of Supreme Court jurisprudence regarding the quasi-criminal nature of deportation proceedings and articulates a principled mechanism by which the scope of respondents’ rights can be defined under this new framework. (shrink)

The typical epistemology course begins with a discussion of the distinction between justification and knowledge and ends without any discussion of the distinction between justification and excuse. This is unfortunate. If we had a better understanding of the justification-excuse distinction, we would have a better understanding of the intuitions that shape the internalism-externalism debate. My aims in this paper are these. First, I will explain how the kinds of excuses that should interest epistemologists exculpate. Second, I will explain why the (...) intuitions that underwrite the new evil demon argument don't provide support for the internalist claim that justification is just in the head. The positive response that Cohen's example elicits is an indication that the subject should be excused if she violates an epistemic norm, not an indication that no norm has been violated. For just about any conceivable norm we can think of we can imagine situations in which someone violates that norm because they're moved by evidence that misleadingly suggests that they'd conform to it. When that happens, we'll respond positively in just the way we do when we consider Cohen's deceived subjects. When that happens, we cannot say that the subjects' responses were justified because we've stipulated that the subjects' responses contravene the relevant norms. Regardless of whether you think of norms along internalist or externalist lines, you should see that the intuitions that underwrite the new evil demon objection tell us nothing at all about whether a subject conforms to a norm. They tell us nothing about justification. (shrink)

Recent work on blameworthiness has prominently featured discussions of guilt. The philosophers who develop guilt-based views of blameworthiness do an excellent job of attending to the evaluative and affective features of feeling guilty. However, these philosophers have been less attentive to guilt’s characteristic action tendencies and the role admissions of guilt play in our blaming practices. This paper focuses on the nature of guilty confession and argues that it illuminates an important function of blame that has been overlooked (...) in the recent work on guilt as it relates to blameworthiness: Blame can communicate respect. (shrink)

While philosophers hold that it is patently absurd to blame robots or hold them morally responsible [1], a series of recent empirical studies suggest that people do ascribe blame to AI systems and robots in certain contexts [2]. This is disconcerting: Blame might be shifted from the owners, users or designers of AI systems to the systems themselves, leading to the diminished accountability of the responsible human agents [3]. In this paper, we explore one of the potential underlying reasons for (...) robot blame, namely the folk's willingness to ascribe inculpating mental states or "mens rea" to robots. In a vignette-based experiment (N=513), we presented participants with a situation in which an agent knowingly runs the risk of bringing about substantial harm. We manipulated agent type (human v. group agent v. AI-driven robot) and outcome (neutral v. bad), and measured both moral judgment (wrongness of the action and blameworthiness of the agent) and mental states attributed to the agent (recklessness and the desire to inflict harm). We found that (i) judgments of wrongness and blame were relatively similar across agent types, possibly because (ii) attributions of mental states were, as suspected, similar across agent types. This raised the question - also explored in the experiment - whether people attribute knowledge and desire to robots in a merely metaphorical way (e.g., the robot "knew" rather than really knew). However, (iii), according to our data people were unwilling to downgrade to mens rea in a merely metaphorical sense when given the chance. Finally, (iv), we report a surprising and novel finding, which we call the inverse outcome effect on robot blame: People were less willing to blame artificial agents for bad outcomes than for neutral outcomes. This suggests that they are implicitly aware of the dangers of overattributing blame to robots when harm comes to pass, such as inappropriately letting the responsible human agent off the moral hook. (shrink)

Philosophy and Phenomenological Research, EarlyView.

Let intentionalism be the view that what proposition is expressed in context by a sentence containing indexicals depends on the speaker’s intentions. It has recently been argued that intentionalism makes communicative success mysterious and that there are counterexamples to the intentionalist view in the form of cases of mismatch between the intended interpretation and the intuitively correct interpretation. In this paper, I argue that these objections can be met, once we acknowledge that we may distinguish what determines the correct interpretation (...) from the evidence that is available to the audience, as well as from the standards by which we judge whether or not a given interpretation is reasonable. With these distinctions in place, we see that intentionalism does not render communicative success mysterious, and that cases of mismatch between the intended interpretation and the intuitively correct one can easily be accommodated. The distinction is also useful in treating the Humpty Dumpty problem for intentionalism, since it turns out that this can be treated as an extreme special case of mismatch. (shrink)

Social phenomena—quite like mental states in the philosophy of mind—are often regarded as potential troublemakers from the start, particularly if they are approached with certain explanatory commitments, such as naturalism or social individualism, already in place. In this paper, we argue that such explanatory constraints should be at least initially bracketed if we are to arrive at an adequate non-biased description of social phenomena. Legitimate explanatory projects, or so we maintain, such as those of making the social world fit within (...) the natural world with the help of, e.g., collective intentionality, social individualism, and the like, should neither exclude nor influence the prior description of social phenomena. Just as we need a description of the mental that is not biased, for example, by (anti)physicalist constraints, we need a description of the social that is not biased, for example, by (anti)individualist or (anti)naturalist commitments. Descriptive social ontology, as we shall conceive of it, is not incompatible with the adoption of explanatory frameworks in social ontology; rather, the descriptive task, according to our conception, ought to be recognized as prior to the explanatory project in the order of inquiry. If social phenomena are, for example, to be reduced to nonsocial (e.g., psychological or physical) phenomena, we need first to understand clearly what the social candidates for the reduction in question are. While such descriptive or naive approaches have been influential in general metaphysics (see Fine 2017), they have so far not been prominent in analytic social ontology (though things are different outside of analytic philosophy, see esp. Reinach (1913). In what follows, we shall outline the contours of a descriptive approach by arguing, first, that description and explanation need to be distinguished as two distinct ways of engaging with social phenomena. Secondly, we defend the claim that the descriptive project ought to be regarded as prior to the explanatory project in the order of inquiry. We begin, in Section 2, by considering two different ways of engaging with mental phenomena: a descriptive approach taken by descriptive psychology and an explanatory approach utilized in analytic philosophy of mind. We take these two ways of approaching the study of the mind to be analogous to the distinction we want to draw in social ontology between a descriptive and an explanatory approach to the study of social phenomena. We consider next, in Section 3, how our approach compares to neighboring perspectives that are familiar to us from general metaphysics and philosophy more broadly, such as Aristotle’s emphasis on “saving the appearances”, Strawson’s distinction between descriptive and revisionary metaphysics, as well as Fine’s contrast between na¨ive and foundational metaphysics. In Section 4, we apply the proposed descriptive/explanatory distinction to the domain of social ontology and argue that descriptive social ontology ought to take precedence in the order of inquiry over explanatory social ontology. Finally, in Section 5, we consider and respond to several objections to which our account might seem to be susceptible. (shrink)

Is all explanations causal explanation? Puzzles about barometer readings "explain" storms and shadow lengths "explaining" flagpole heights make it attractive to think so. Wesley Salmon (1984) has endorsed this causal thesis. One way to test this thesis is to assess the explanatory import of pseudo-processes. I do so by discussing the concept of heritability, which measures a pseudo-process, and one role it played in the theory of natural selection: explaining response to selection. This will show, not just that heritability has (...) heuristic or predictive utility, but that it can be explanatory. Possible responses to this case are also discussed. (shrink)

Popular article on the Philosophy of Leisure.

According to what may be called PERMANENT, blameworthiness is forever: once you are blameworthy for something, you are always blameworthy for it. Here a prima facie case for this view is set out, and the view is defended from two lines of attack. On one, you are no longer blameworthy for a past offense if, despite being the person who committed it, you no longer have any of the pertinent psychological states you had at the time of the misdeed. On (...) the other, you can cease to be blameworthy if you sufficiently experience guilt or remorse, suffer enough punishment, or are forgiven for your misdeed. Although several points made in support of the second challenge are accepted, they are entirely consistent with PERMANENT. Neither line of attack, as so far presented, undermines the plausibility of this view stemming from the prima facie case. (shrink)

Contemporary science seems to be caught in a strange predicament. On the one hand, it holds a firm and reasonable commitment to a healthy naturalistic methodology, according to which explanations of natural phenomena should never overstep the limits of the natural itself. On the other hand, contemporary science is also inextricably and now inevitably dependent on ever more complex technologies, especially Information and Communication Technologies, which it exploits as well as fosters. Yet such technologies are increasingly “artificialising” or “denaturalising” the (...) world, human experiences and interactions, as well as what qualifies as real. So the search for the ultimate explanation of the natural seems to rely upon, and promote, the development of the artificial, seen here as an instantiation of the non-natural. In this article, I would like to try and find a way out of this apparently strange predicament. I shall argue that the naturalisation of our knowledge of the world is either philosophically trivial, or mistaken. First, I shall distinguish between different kinds of naturalism. Second, I shall remind the reader that the kinds of naturalism that are justified today need to be protected and supported pragmatically, but they are no longer very interesting conceptually. We know how to win the argument. We just have to keep winning it. Whereas the kind of naturalism that is still interesting today is now in need of revision in order to remain acceptable. Such a kind of naturalism may be revised on the basis of a realistic philosophy of information, according to which knowing is a constructive activity, through which we do not merely represent the phenomena we investigate passively, but create more or less correct informational models of them, proactively and interactively. I shall conclude that the natural is in itself artefactual, and that the information revolution is disclosing a tension not between the natural and the non-natural, but a deeper one between a user’s and a producer’s interpretation of knowledge. The outcome is a philosophical view of knowledge and science in the information age that may be called constructionist and a revival of philosophy as a classic, foundationalist enterprise. (shrink)

Naturalistic philosophers rely on literature search and review in a number of ways and for different purposes. Yet this article shows how processes of literature search and review are likely to be affected by widespread and systematic biases. A solution to this problem is offered here. Whilst the tradition of systematic reviews of literature from scientific disciplines has been neglected in philosophy, systematic reviews are important tools that minimize bias in literature search and review and allow for greater reproducibility and (...) transparency. If naturalistic philosophers wish to reduce bias in their research, they should then supplement their traditional tools for literature search and review by including systematic methodologies. (shrink)

It’s interesting and a bit surprising how little attention philosophy has given to the status of emoji, those funny little symbols that punctuate text messages, Twitter, and other digital spaces. They have become ubiquitous, but maybe because they’re seen as frivolous or a “lower” form of communication, philosophy hasn’t paid them much mind. But they are an interesting aesthetic phenomenon. They are part language, part representational image. They are phenomenologically interesting in their effect on how we experience the written word. (...) They punctuate, accentuate, emphasize, and add flavor to our communication in ways that are difficult to achieve otherwise. It would not be ridiculous to say that they represent a genuine linguistic development—a change in conventional orthography, and of an almost unbelievably sudden and dramatic, even revolutionary, kind. (shrink)

In this article, we advocate the use of “epistemic” ontologies, i.e., systems of categories representing our knowledge of the world, rather than the world directly. We first expose a metaphysical framework based on a dual mental and physical realism, which underpins the development of these epistemic ontologies. To this end, we refer to the theories of intentionality and representation established within the school of Franz Brentano at the turn of the 20th century and choose to rehabilitate the notion of a (...) ‘representation object’, as theorized by Kasimir Twardowski. We therefore propose that the categories of epistemic ontologies correspond to ‘general representation objects’. Secondly, we apply these proposals to the treatment of technical artefacts, material qualities of objects and events (notably as a continuation of our previous work on events). This leads us to sketch out a foundational epistemic ontology. (shrink)

It can be easy to assume that since the “theist in the street” is unaware of any of the traditional arguments for theism, he or she is not in position to offer independent rational support for believing that God exists. I argue that that is false if we accept with William Alston that “manifestation beliefs” can enjoy rational support on the basis of suitable religious experiences. I make my case by defending the viability of a Moorean-style proof for theism—a proof (...) for the existence of God that parallels in structure G. E. Moore’s famous proof for the existence of the external world. I argue that this shows that even if the theist in the street has nothing to offer for helping to convince the religious sceptic, this needn’t entail that she cannot offer independent rational support in defense of her theistic belief. (shrink)

Let F be a fact in virtue of which an agent, S, is blameworthy for performing an act of A-ing. We advance a slightly qualified version of the following thesis: -/- (Reason) F is (at some time) a reason for S to feel guilty (to some extent) for A-ing. -/- Leaving implicit the qualification concerning extent, we claim as well: -/- (Desert) S's having this reason suffices for S’s deserving to feel guilty for A-ing. -/- We also advance (...) a third thesis connecting desert of feeling guilty with the fittingness of this response. -/- In light of our three theses, we address several claims that have been made regarding responsibility and desert. We take issue with the divorce of desert from responsibility. We find acceptable a claim regarding blameworthiness and reason to induce guilt, and we defend the idea that it is noninstrumentally good that one who is blameworthy be subject to a fitting feeling of guilt. We argue against a view on which desert of blame has a teleological dimension. (shrink)

In February 1994, Stephen Mobley was convicted of the murder of John Collins. Mobley's lawyers attempted to introduce genetic evidence in an attempt to have Mobley's sentence reduced from death to life imprisonment. I examine the prospects for appeal to genetic determinism as a criminal defense. Guided by existing standards for insanity defenses, I argue that a genetic defense might be allowable in exceptional cases but will not be generally available as some have worried.

In this paper I defend a pluralistic approach in understanding function, both in biological and other contexts. Talks about function are ubiquitous and crucial in biology, and it might be the key to bridge the “manifest image” and the “scientific image” identified by Sellars (1962). However, analysis of function has proven to be extremely difficult. The major puzzle is to make sense of “time-reversed causality”: how can property P be the cause of its realizer R? For example, “pumping blood” is (...) a property of hearts, but a property of hearts cannot be the cause of the presence of hearts, since properties cannot predate their realizers and be causes of them. In section 2 I discuss Wright’s etiological analysis, Cummins’ causal-role analysis, and their critics. In section 3 I defend a version of the “consensus without unity” strategy proposed by Godfrey-Smith from Christopher Boorse’s recent critique (2002). In Section 4 I conclude by reflecting on the relation between functional discourses and physicalism. (shrink)

The doctrine of mens rea can be expressed in this way: MRP: If A is culpable for performing phi, then A performs phi intentionally in circumstances in which it is impermissible to perform phi. The Sermon on the Mount suggests the following principle: SMP: If A intends to perform phi in circumstances in which it would be impermissible for A to perform phi, then A’s intending to perform phi makes A as culpable as A would be were A to perform (...) phi. MRP and SMP are principles representative of intentionalism, a family of views that emphasizes the importance of intention to judgments about culpability. This essay examines an intentionalist’s defense of MRP with respect to lying, strict criminal liability, and the distinction between intention and foreseeability, along with a defense of SMP with respect to failed attempts, and self-defense. (shrink)

In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...) I argue that the liberal principle of legitimacy implicitly requires states to respect the basic political rights of those who are guilty of committing crimes, thus prohibiting capital punishment. (shrink)

Feminist philosophers have long emphasized the ways in which women’s oppression takes a variety of forms depending on complex combinations of factors. These include women’s objectification, dehumanization and unjust gendered divisions of labour caused in part by sexist ideologies regarding women’s social role. This paper argues that feminized artificial intelligence (feminized AI) poses new and important challenges to these perennial feminist philosophical issues. Despite the recent surge in theoretical and empirical attention paid to the ethics of AI in general, a (...) strikingly small portion of this work has considered the impact of feminized AI in particular. Our aim is thus to draw attention to the new and pressing ethical challenges posed by feminized AI. Doing so is crucial not just to understanding the impact of these increasingly ubiquitous technologies, but also to our understanding of longstanding feminist philosophical concerns and efforts to ameliorate them. (shrink)

Critical notice of Guy Fletcher's 'Dear Prudence: The Nature and Normativity of Prudential Discourse' and Dale Dorsey's 'A Theory of Prudence'.

This has been made available gratis by the publisher. -/- This piece gives the raison d'etre for the development of the converters mentioned in the title. Three reasons are given, one linguistic, one philosophical, and one practical. It is suggested that at least /two/ independent converters are needed. -/- This piece ties together the extended paper "Abstracts from Logical Form I/II," and the short piece providing the comprehensive theory alluded to in the abstract of that extended paper in "Pragmatics, Montague, (...) and 'Abstracts from Logical Form'" by motivating the entire project from beginning to end. (shrink)

In this paper, a follow-up to my "Seeing Other Minds," I encourage philosophers to explore the notion of cardiognosis - "knowledge of hearts" - as a unique, irreducible form of knowledge, and suggest some applications for this notion.

Many prominent critiques of philosophical methods proceed by suggesting that some method is unreliable, especially in comparison to some alternative method. In light of this, it may seem natural to conclude that these (comparatively) unreliable methods should be abandoned. Drawing upon work on the division of cognitive labour in science, we argue things are not so straightforward. Rather, whether an unreliable method should be abandoned depends heavily on the crucial question of how we should divide philosophers’ time and effort between (...) different methods, in order to maximise our prospects of achieving epistemic success. We show that, in a range of cases, even a (comparatively) unreliable method deserves to be allocated some of these resources. (shrink)

We argue that there is nothing that can do the work that normative reasons are expected to do. A currently popular view is that in any given situation, a set of normative reasons (understood as a set of facts, typically about the agent’s situation) always determines the ways we prospectively should or should not respond. We discuss an example that we think shows no such collection of facts could have this normative significance. A radical response might be to dispense with (...) reasons and explain the facts about the ways we should respond using something else entirely (e.g., expected value). We think a more fruitful approach is to explore the possibility of using decision-theoretic tools in a reasons-centred framework. (shrink)

This book review begins with a historical overview of the English law of trial by jury and continues to the present topic of plea bargaining. It is both legal and philosophical in its outlook and it is hoped that those who take the time to study this book might find among the many topics at least one such topic of research that will sustain you through legal studies for some years to come. The reviewer makes no apologies for the length (...) of this review as it reflects the tremendous amount of academic labour by many professors and their teams in managing to produce this tome of a research handbook. which the reader is bound to dip into time and time again for years and years to come. It was published in April 2024 when I began the review, but my husband was ill and died in hospital many weeks later, hence the postponement of this review's publication, for which I am very sorry indeed. (shrink)

In the late 18th and early to mid-19th century, the secular approach of certain German scholars towards the study of Sanskrit in Europe significantly impacted the creation of the Wales Professorship of Sanskrit at Harvard. This influence stood in stark contrast to the religious concerns of some English scholars. While these English academics were focused on assisting in converting Hindus to Christianity, their German counterparts were pioneering the field of comparative philology. This dynamic led to the establishment of the Boden (...) Professorship of Sanskrit at Oxford, the dominance of German scholars in teaching Sanskrit on the European continent, and the mentorship provided by German academics to early American scholars interested in studying India. These developments underscore the interplay between the secular, scholarly approach of German academics and the religious concerns of their English counterparts in the study of Sanskrit. (shrink)

American in rem, or civil, forfeiture laws seem to implicate constitutional concerns insofar as such laws may authorize the government to confiscate privately owned property, regardless of the guilt or innocence of the owner. Historically, the justification of in rem forfeiture law has rested on the legal fiction that “[t]he thing is . . . primarily considered as the offender, or rather the offense is attached primarily to the thing.” Last Term, in Bennis v. Michigan, the Supreme Court upheld the (...) constitutionality of a public nuisance statute that authorized the government to abate a car-owner’s property interest, even though there had been no showing of negligence or wrongdoing on the part of the owner herself. Referring to this country’s “longstanding practice” of in rem forfeiture proceedings, the Court held that abatement under the Michigan statute neither offended due process nor violated the Fifth Amendment’s prohibition against takings without just compensation. By basing its decision on precedent, the Court prudently resisted the temptation to legislate from the bench. The Court also reached the right result in denying relief to Mrs. Bennis. Unfortunately, the Court’s appeal to past practice did not adequately address the constitutional concerns raised by the case. If the Court had said more about the traditional purpose and limits of in rem forfeitures, it could have addressed these concerns, while still avoiding the dangers of judicial activism. (shrink)

Suppose that it can be right to grant amnesty from criminal and civil liability to those guilty of political crimes in exchange for full disclosure about them. There remains this important question to ask about the proper form that amnesty should take: Which additional burdens, if any, should the state lift from wrongdoers in the wake of according them freedom from judicial liability? I answer this question in the context of a recent South African Constitutional Court case that considered (...) whether an officer having been granted amnesty for apartheid-era killings should be held to mean that the police force may not discharge him on the ground of having been convicted of a serious offence. The Court ruled that, despite amnesty having been granted to the guilty officer, the police force was permitted to discharge him. I distinguish the major ethical reasons the Court gives for its conclusion, which ultimately appeal to the value of national reconciliation, and I argue not only that the reconciliation-based rationales rest on empirical contingencies for which there is little evidence, but also that their logic in fact provides some reason to reject the Court’s conclusion. Then, I sketch an attractive new theory of right action, grounded on salient sub-Saharan values often associated with talk of ‘ubuntu’, that I maintain provides a stronger, unitary foundation for the Court’s key pronouncements. I conclude by discussing some of the broader implications of the moral theory for related matters, such as the rights of victims in the processes leading up to presidential pardons of those who have committed atrocities and the duties of newspapers with regard to the reputations of the latter. (shrink)

Recent developments of transcendental arguments reflect the struggle to accommodate Stroud’s devastating objection by giving up of failed expectations in providing a proof of what the external-world skeptic calls into question: knowledge of the existence of the outside world. Since Strawson capitulation in 1984, the truth-direct transcendental arguments gave way to modest belief-direct transcendental arguments that concedes that truth-direct transcendental arguments are doomed to fail to establish ambitious conclusions about reality, but at the same time hold that they can nonetheless (...) successfully establish modest conceptual connection between the major beliefs within our conceptual scheme. This article seeks the “reactionary” rehabilitation of the old hubris: a new defense of the truth-direct transcendental argument. I set forth a new reconstruction of Kant’s Refutation as successful truth-directed transcendental argument that meets Stroud’s objection. As several papers and books about the theme, this article is of a systematic and of a historical nature by connecting the contemporary debate about transcendental argument with Kant’ philosophy. (shrink)

‘Modest’ and ‘full-blooded’ conceptions of meaning disagree on whether we should try to provide explanations of reference. In this paper, I defend a psychological brand of the full-blooded program. As I understand it, there are good reasons to provide a psychological explanation of referential abilities. This explanation is to be framed at an intermediary level of description between the personal level and the explanations provided by neuroscience. My defense of this program has two parts: First, I display the explanatory insufficiency (...) of truth-conditional semantics and, second, I respond to some widespread arguments against psychological explanations of referential abilities. (shrink)

It is often assumed that pluralities are rigid, in the sense of having all and only their actual members necessarily. This assumption is operative in standard approaches to modal plural logic. I argue that a sceptical approach towards the assumption is warranted.

Phyllis Illari & Federica Russo: Causality: Philosophical Theory Meets Scientific Practice. Oxford: Oxford University Press, 2014, 310pp, £29.99 HB.

I find much to like in Craig Callender's [2022] arguments for the rational permissibility of non-exponential time discounting when these arguments are viewed in a conditional form: viz., if one thinks that time discounting is rationally permissible, as the social scientist does, then one should think that non-exponential time discounting is too. However, time neutralists believe that time discounting is rationally impermissible, and thus they take zero time discounting to be the normative standard. The time neutralist rejects time discounting because (...) they think it is rationally impermissible to prefer to live a worse life in expectation because of arbitrariness. Callender’s attack on the time-neutralist position is the following: the time-neutralist’s non-arbitrariness intuition assumes the existence of nonexistent ‘pure’ time preferences. In response, I aim to clarify the time-neutralist position and show that the non-arbitrariness argument does not rely on the existence of pure time preferences. Instead, the debate between time neutralism and permissivism about time discounting boils down to a methodological question: can we ever criticize the content of preferences? If so, we should embrace time neutralism. (shrink)

Criminal juries make decisions of great importance. A key criticism of juries is that they are unreliable in a multitude of ways, from exhibiting racial or gendered biases, to misunderstanding their role, to engaging in impropriety such as internet research. Recently, some have even claimed that the use of juries creates injustice on a large-scale, as a cause of low conviction rates for sexual criminality. Unfortunately, empirical research into jury deliberation is undermined by the fact that researchers are unable to (...) study live juries. The indirect sources of evidence used by researchers suffer from various problems, the most important of which is dubious levels of ecological validity. Real jury research—studying live jury deliberation—is controversial. However, as I argue, the objections to it are unconvincing. There is in fact a moral imperative to facilitate real jury research. (shrink)

In a recent paper, Erasmus et al. (2021) defend the idea that the ambiguity of the term “explanation” in explainable AI (XAI) can be solved by adopting any of four different extant accounts of explanation in the philosophy of science: the Deductive Nomological, Inductive Statistical, Causal Mechanical, and New Mechanist models. In this chapter, I show that the authors’ claim that these accounts can be applied to deep neural networks as they would to any natural phenomenon is mistaken. I also (...) provide a more general argument as to why the notion of explainability as it is currently used in the XAI literature bears little resemblance to the traditional concept of scientific explanation. It would be more fruitful to use the label “understandable AI” to avoid the confusion that surrounds the goal and purposes of XAI. In the second half of the chapter, I argue for a pragmatic conception of understanding that is better suited to play the central role attributed to explanation in XAI. Following De Regt (2017) and Kuorikoski and Ylikoski (2015), the conditions of satisfaction for understanding an ML system are fleshed out in terms of an agent’s success in using the system. (shrink)

I criticise a paper by Peter Forrest in which he argues that a principle of unrestricted countable fusion has paradoxical consequences. I argue that the paradoxical consequences that he exhibits may be due to his Whiteheadean assumptions about the nature of spacetime rather than to the principle of unrestricted countable fusion.

With the existing commitments to climate change mitigation, global warming is likely to exceed 2°C and to trigger irreversible and harmful threshold effects. The difference between the reductions necessary to keep the 2°C limit and those reductions countries have currently committed to is called the ‘emissions gap’. I argue that capable states not only have a moral duty to make voluntary contributions to bridge that gap, but that complying states ought to make up for the failures of some other states (...) to comply with this duty. While defecting or doing less than one’s fair share can be a good move in certain circumstances, it would be morally wrong in this situation. In order to bridge the emissions gap, willing states ought to take up the slack left by others. The paper will reject the unfairness-objection, namely that it is wrong to require agents to take on additional costs to discharge duties that are not primarily theirs. Sometimes what is morally right is simply unfair. (shrink)

Language is the main resource for meaningful action, including the very formation of selves and psychosocial identities, shaped by practical norms, beliefs, and values. Thus, language education constitutes one of the most powerful means for both social reproduction and social production and ideological maintenance and utopian innovation. In this paper, we attempt to emphasise the invaluable psychosocial, political, economic, and cultural function of language education in order to propose a critical view of the current transition from the monolingual to a (...) multilingual paradigm. We maintain that multilingual approaches tend to serve the neoliberal framework and reproduce its systemic inequalities. Therefore, we argue in favour of emancipatory multilingual practices that could embody a translingual pedagogy capable of promoting the development of capabilities, the recognition of otherness, and the cultivation of diversity. Rooted in critical theory, namely in Foucault’s notion of subjectification and Freire’s view of conscientisation, an emancipatory translingual pedagogy would enable and empower every learner to synthesise a contextually creative field of new semantic and pragmatic relationships. Critical language education would enhance the ethos of biophilia that fosters what we term the poetics of communality and selfhood, that is to say, the proactive commitment to expanding symbolic and existential novelty. (shrink)

In this essay, I will suggest ways of improving on Davidson’s conception of the explanatory autonomy of folk psychological explanations. For that purpose, I will appeal to insights from the recent theory of mind debate emphasizing the centrality of various forms of empathy for our understanding of another person’s mindedness. While I will argue that we need to abandon Davidson’s position of anomalous monism, I will also show that my account is fully compatible with Davidson’s non-reductive and interpretationist account of (...) meaning and mental content. Indeed, my account does more justice to the empathic capacities underlying our interpretive capacities, which Davidson himself has to acknowledge in thinking about the constitutive features of thought and meaning. More specifically, I will propose a new way of philosophically safeguarding the causal-explanatory autonomy of our ordinary action explanations by showing how our empathic capacities are involved in epistemically delineating the domain of rational agency. (shrink)

While making P4C much more easily disseminated, short-term weekend and weeklong P4C training programs not only dilute the potential laudatory impact of P4C, they can actually be dangerous. As well, lack of worldwide standards precludes the possibility of engaging in sufficiently high quality research of the sort that would allow the collection of empirical data in support the efficacy of worldwide P4C adoption. For all these reasons, the authors suggest that P4C advocates ought to insist that programs of a minimum (...) of five philosophy courses be accepted as the recognized standard for any teacher to legitimately claim that she is teaching Philosophy for Children. (shrink)

The aim of this article is to critically examine what I call Action-Centric Theories of Representation (ACToRs). I include in this category theories of representation that (1) reject construing representation in terms of a relation that holds between representation itself (the representational vehicle) and what is represented, and instead (2) try to bring the function that representations play for cognitive systems to the center stage. Roughly speaking, according to proponents of ACToRs, what makes a representation (that is, what is constitutive (...) of it being a representation) is its being functionally involved in preselecting or guiding the actions of cognitive systems. I intend to argue that while definitely valuable, ACToRs are underconstrained and thus not entirely satisfying, since there exist structures that would count as representations according to ACToRs, but which do not play functional roles that could be nontrivially or in an explanatorily valuable way classified as representing something for a cognitive system. I outline a remedy for this theoretical situation by postulating that a fully satisfying theory of representation in cognitive science should have two factors; i.e., it should combine the pragmatic, action-oriented aspect present in ACToRs with an element that emphasizes the importance of the relation holding between a representational vehicle and what is represented. (shrink)

I argues that quantificational adverbs are unselective binders over individuals. The Lewisian analysis, however, fails to recognize the ambiguity in some quantificationally modified conditionals. That the Lewisian approach cannot predict some attested reading is known as the “proportion problem.” I propose a solution based on the following ideas: (a) quantificational adverbs bind selectively; (b) a singular indefinite and its anaphoric pronoun may introduce a plural discourse referent, and (c) plural predication is elusive.