An observation of Hume’s has received a lot of attention over the last decade and a half: Although we can standardly imagine the most implausible scenarios, we encounter resistance when imagining propositions at odds with established moral (or perhaps more generally evaluative) convictions. The literature is ripe with ‘solutions’ to this so-called ‘Puzzle of Imaginative Resistance’. Few, however, question the plausibility of the empirical assumption at the heart of the puzzle. In this paper, we explore empirically whether the difficulty we (...) witness in imagining certain propositions is indeed due to claim type (evaluative v. non-evaluative) or whether it is much rather driven by mundane features of content. Our findings suggest that claim type plays but a marginal role, and that there might hence not be much of a ‘puzzle’ to be solved. (shrink)

This paper examines the idea of "objective phenomenology," or a way of understanding the phenomenal character of conscious experiences that doesn’t require one to have had the kinds of experiences under consideration. My central thesis is that structural facts about experience—facts that characterize purely how conscious experiences are structured—are objective phenomenal facts. I begin by precisifying the idea of objective phenomenology and diagnosing what makes any given phenomenal fact subjective. Then I defend the view that structural facts about experience are (...) objective. I also argue that structural facts about experience, despite being objective, nevertheless still give rise to an explanatory gap. (shrink)

In the science of consciousness, it’s oftentimes assumed that some creatures (or mental states) are more conscious than others. But in recent years, a number of philosophers have argued that the notion of degrees of consciousness is conceptually confused. This paper (1) argues that the most prominent objections to degrees of consciousness are unsustainable, (2) examines the semantics of ‘more conscious than’ expressions, (3) develops an analysis of what it is for a degreed property to count as degrees of consciousness, (...) and (4) applies the analysis to various theories of consciousness. I argue that whether consciousness comes in degrees ultimately depends on which theory of consciousness turns out to be correct. But I also argue that most theories of consciousness entail that consciousness comes in degrees. (shrink)

This paper develops a theory of analog representation. We first argue that the mark of the analog is to be found in the nature of a representational system’s interpretation function, rather than in its vehicles or contents alone. We then develop the rulebound structure theory of analog representation, according to which analog systems are those that use interpretive rules to map syntactic structural features onto semantic structural features. The theory involves three degree-theoretic measures that capture three independent ways in which (...) a system can be more or less analog. We explain how our theory improves upon prior accounts of analog representation, provides plausible diagnoses for novel challenge cases, extends to hybrid systems that are partially analog and partially symbolic, and accounts for some of the advantages and disadvantages of representing analogically versus symbolically. (shrink)

Conscious experiences are characterized by mental qualities, such as those involved in seeing red, feeling pain, or smelling cinnamon. The standard framework for modeling mental qualities represents them via points in geometrical spaces, where distances between points inversely correspond to degrees of phenomenal similarity. This paper argues that the standard framework is structurally inadequate and develops a new framework that is more powerful and flexible. The core problem for the standard framework is that it cannot capture precision structure: for example, (...) consider the phenomenal contrast between seeing an object as crimson in foveal vision versus merely as red in peripheral vision. The solution I favor is to model mental qualities using regions, rather than points. I explain how this seemingly simple formal innovation not only provides a natural way of modeling precision, but also yields a variety of further theoretical fruits: it enables us to formulate novel hypotheses about the space and structures of mental qualities, formally differentiate two dimensions of phenomenal similarity, generate a quantitative model of the phenomenal sorites, and define a measure of discriminatory grain. A noteworthy consequence is that the structure of the mental qualities of conscious experiences is fundamentally different from the structure of the perceptible qualities of external objects. (shrink)

Some philosophers think that life is worth living not merely because of the goods and the bads within it, but also because life itself is good. I explain how this idea can be formalized by associating each version of such of a view with a function from length of life to the value generated by life itself. Then I argue that every version of the view that life itself is good faces some version of the following dilemma: either (1) good (...) human lives are worse than very long lives wholly devoid of pleasure, desire-satisfaction, knowledge, or any other goods, or (2) very short lives containing nothing but suffering are worth living. Since neither result is plausible, we ought to reject the view that life itself is good. On the view I favor, any given life may be worth living because of the goods that it contains, but life itself is neutral. (shrink)

This paper argues that phenomenal consciousness is what makes an entity a welfare subject. I develop a variety of motivations for this view, and then defend it from objections concerning death, non-conscious entities that have interests (such as plants), and conscious entities that necessarily have welfare level zero. I also explain how my theory of welfare subjects relates to experientialist and anti-experientialist theories of welfare goods.

Is A & C sufficient for the truth of ‘if A were the case, C would be the case’? Jonathan Bennett thinks not, although the counterexample he gives is inconsistent with his own account of counterfactuals. In any case, I argue that anyone who accepts the case of Morgenbesser's coin, as Bennett does, should reject Bennett’s counterexample. Moreover, I show that the principle underlying his counterexample is unmotivated and indeed false. More generally, I argue that Morgenbesser’s coin commits us to (...) the sufficiency of A & C for the truth of the corresponding counterfactual. (shrink)

The article is based on an analysis of the works of the French historian Pierre Nora, who, trying to find a "true" history, comes to the opposition of history and memory. Outright political agitation and national imperatives are dominated in History, therefore history cannot be correct and objective. Instead of history, the philosopher believes, we should focus on the right memory. But when memory itself has been torn apart, it can only exist on the basis of "memory places" - mnemonic (...) places. The power of memory is preserved now in the places of memory that accumulate and preserve history. Places of memory have lost their physical or geographical meanings. Meaning and sense are made places of memory, important place for history. Due to the nature of the memory places, the multiplicities of their interpretations are the normal. And the past, therefore, became a poly semantic space, focused on the co-presence of many different versions of the interpretation of the same memorial structures (monuments, historical facts and events, texts of the past). Contrasting memory and history, P. Nora concludes about "the tyranny of memory (it is reminiscent of Reeker's statement). In his opinion, at any moment the memory is ready to lift history under itself, to "memorize" it, it deeply and dangerously distorts the meaning of words. Precisely because there is no collective memory, the places of memory appear that designed to compensate for its absence. When the space of memory disappears, mnemonic places appear. It is through mnemonic places (places of memory) as spaces that provide access to traditions, Nora moves from the present to the past. But the noble goal of finding the truth, of recreating traditions, has turned into honoring memory for political purposes, where the past has become the rhetorical construct of the present. Hence, the perception of truth is changing. Now, the truth is not in the "factuality" of the data, but in their "relevance". In the end, Nora makes a rather devastating conclusion for history- that the past has lost its meaning, the present historical consciousness gives meaning to all possible and valid versions of the past, and that official memory (politics of memory) is associated with practices of selective forgetting or memory. (shrink)

The Counterfactual Comparative Account of Harm says that an event is overall harmful for someone if and only if it makes her worse off than she otherwise would have been. I defend this account from two common objections.

Many philosophers accept both of the following claims: (1) consciousness matters morally, and (2) species membership doesn’t matter morally. In other words, many reject speciesism but accept what we might call 'sentientism'. But do the reasons against speciesism yield analogous reasons against sentientism, just as the reasons against racism and sexism are thought to yield analogous reasons against speciesism? This paper argues that speciesism is disanalogous to sentientism (as well as racism and sexism). I make a case for the following (...) asymmetry: (a) some non-humans clearly have interests, but (b) no non-conscious entities clearly have interests. This asymmetry, I argue, renders sentientism resistant to the standard argument against speciesism. (shrink)

I develop and defend a sense-datum theory of perception. My theory follows the spirit of classic sense-datum theories: I argue that what it is to have a perceptual experience is to be acquainted with some sense-data, where sense-data are private particulars that have all the properties they appear to have, that are common to both perception and hallucination, that constitute the phenomenal characters of perceptual experiences, and that are analogous to pictures inside one’s head. But my theory also diverges from (...) conventional sense-datum theories in some key respects: on my view, (1) sense-data are first-person presentations of neural states, (2) the sensational qualities of sense-data differ in kind from the sensible qualities of external objects, and (3) sense-data are the vehicles in virtue of which we perceive, rather than the objects that we perceive. I argue that this package of claims is appropriately labeled ‘sense-datum theory’, and that the resultant view ought to be a live contender in contemporary philosophy of perception. (shrink)

Epistemic injustices are wrongs that agents can suffer in their capacity as knowers. In this article, I offer a conceptualisation of a phenomenon I call anticipatory epistemic injustice, which I claim is a distinct and particularly pernicious type of epistemic injustice worthy of independent analysis. I take anticipatory epistemic injustice to consist in the wrongs that agents can suffer as a result of anticipated challenges in their process of taking up testimony-sharing opportunities. I distinguish my account from paradigmatic cases of (...) epistemic injustice, such as Miranda Fricker’s concepts of testimonial injustice and hermeneutical injustice; additionally, I differentiate my view from Kristie Dotson’s account of testimonial smothering. I argue, ultimately, that anticipatory epistemic injustice is a useful addition to our current taxonomy of epistemic injustices, as it has promising explanatory potential for a range of non-standard cases of epistemic injustice. (shrink)

I argue that there is moral luck, i.e., that factors beyond our control can affect how laudable or culpable we are.

Recently, Michael Huemer has defended the Principle of Phenomenal Conservatism: If it seems to S that p, then, in the absence of defeaters, S thereby has at least some degree of justification for believing that p. This principle has potentially far-reaching implications. Huemer uses it to argue against skepticism and to defend a version of ethical intuitionism. I employ a reductio to show that PC is false. If PC is true, beliefs can yield justification for believing their contents in cases (...) where, intuitively, they should not be able to do so. I argue that there are cases where a belief that p can behave like an appearance that p and thereby make it seem to one that p. (shrink)

Peter van Inwagen proposes a criterion of philosophical success. He takes it to support an extremely pessimistic view about philosophy. He thinks that all philosophical arguments for substantive conclusions fail, including the argument from evil. I’m more optimistic on both counts. I’ll identify problems with van Inwagen’s criterion and propose an alternative. I’ll then explore the differing implications of our criteria. On my view, philosophical arguments can succeed and the argument from evil isn’t obviously a failure.

I argue that legal punishment is morally wrong because it’s too morally risky. I first briefly explain how my argument differs from similar ones in the philosophical literature on legal punishment. Then I explain why legal punishment is morally risky, argue that it’s too morally risky, and discuss objections. In a nutshell, my argument goes as follows. Legal punishment is wrong because we can never sufficiently reduce the risk of doing wrong when we legally punish people. We can never sufficiently (...) reduce this risk because wrongful punishment is much worse than wrongful non-punishment and because punishment’s permissibility depends on the answers to a variety of difficult philosophical questions about which we’re fallible. (shrink)

Some philosophers think that the challenge of justifying punishment can be met by a theory that emphasizes the expressive character of punishment. A particular type of theories of this sort - call it Expressive Retributivism [ER] - combines retributivist and expressivist considerations. These theories are retributivist since they justify punishment as an intrinsically appropriate response to wrongdoing, as something wrongdoers deserve, but the expressivist element in these theories seeks to correct for the traditional obscurity of retributivism. Retributivists often rely on (...) appeals to controversial intuitions involving obscure concepts. While retributive intuitions can be compelling, some worry that the justificatory challenge cannot be met merely by appealing to them. ER tries to enhance the clarity and justificatory power of these intuitions and the concepts they invoke by appealing to an expressive conception of punishment. I argue that these theories fail to justify punishment and that there is reason to think that they cannot, in principle, justify punishment. (shrink)

Moti Mizrahi (2013) presents some novel counterexamples to Hypothetical Syllogism (HS) for indicative conditionals. I show that they are not compelling as they neglect the complicated ways in which conditionals and modals interact. I then briefly outline why HS should nevertheless be rejected.

I sketch here an intuitive picture of repeatable artworks as created types, which are individuated in part by historical paths (re)production. Although attractive, this view has been rejected by a number of authors on the basis of general claims about abstract objects. On consideration, however, these general claims are overgeneralizations, which whilst true of some abstracta, are not true of all abstract objects, and in particular, are not true of created types. The intuitive picture of repeatable artworks as created types (...) is, then, left in place. (shrink)

Стаття побудована на аналізі праць французького історика П’єра Нора, який, намагаючись знайти «справжню» історію, доходить до протиставлення історії та пам’яті. В історії домінує, вважає філософ, якщо не відверта політична агітація, то національні імперативи, які ніяк не роблять історію справжньою та об’єктивною. Замість історії потрібно зосереджуватись на правильній пам’яті. Але в умовах, коли сама пам’ять стала розірваною, вона може існувати лише спираючись на «місця пам’яті» – мнемонічні місця. Сила пам’яті тепер зберігається в місцях пам’яті, які накопичують та зберігають історію. Тобто, місця (...) пам’яті втратили фізичний чи географічний сенси, і місцями пам’яті їх робить саме те, завдяки чому вони вислизають із простору історії – сенси, які вони несуть, смисли. Виходячи з такої природи місць пам’яті множинність їх інтерпретацій є нормою. А минуле, таким чином, виявляється полісемантичним простором, орієнтованим на співприсутність багатьох різноманітних версій інтерпретації одних і тих самих меморіальних структур (монументів, історичних фактів і подій, текстів минулого). Звідси випливає зміна уявлень про істинність. Тепер істина не у «фактичності» даних, а в їх «актуальності». Врешті-решт Нора робить досить нищівний для історії висновок, що минуле втратило сенс, історичну свідомість нині має виключно теперішнє, яке і наділяє сенсом усі можливі й припустимі версії минулого, і що офіційна пам`ять (політика пам’яті) пов’язана з практиками вибіркового забування чи пам`ятання. (shrink)

I discuss whether "sentience" (i.e., phenomenal consciousness) comes in degrees.

Many philosophers think that punishment is intentionally harmful and that this makes it especially hard to morally justify. Explanations for the latter intuition often say questionable things about the moral significance of the intent to harm. I argue that there’s a better way to explain this intuition.

Are a material object, such as a statue, and its constituting matter, the clay, parts of one another? One wouldn't have thought so, and yet a number of philosophers have argued that they are. I review the arguments for this surprising claim showing how they all fail. I then consider two arguments against the view concluding that there are both pre-theoretical and theoretical considerations for denying that the statue and the clay are mutual parts.

The aim of this essay is to introduce an original and radical phenomenology of life into Heidegger’s earliest lectures at Freiburg University. The motivation behind this aim lies in the exclusion of life from the existential analytic despite Heidegger’s preoccupation with the question of life during this very early period. Principally, the essay demonstrates how Husserl’s phenomenological insight into the intentionality of life has the potential to be transformed into a living aporia. Although this demonstration is set within the general (...) context of obtaining knowledge in and of life, it is achieved via a reciprocal critique of the possibility of a philosophy of life and Husserlian phenomenology to reveal the congruence life philosophy has with the project of phenomenology. In contrast to fundamental ontology, the essay ends by exposing Heidegger’s latent and inexplicit formulation of phenomenology in terms of a radical correlation that holds aporetically between living and unliving experience. (shrink)

Many philosophers claim that it is always intrinsically good when people get what they deserve and that there is always at least some reason to give people what they deserve. I highlight problems with this view and defend an alternative. I have two aims. First, I want to expose a gap in certain desert-based justifications of punishment. Second, I want to show that those of us who have intuitions at odds with these justifications have an alternative account of desert at (...) our disposal – one that may lend our intuitions more credibility. (shrink)

Many philosophers think that an agent punishes a subject only if the agent aims to harm the subject. Bill Wringe has recently argued against this claim. I show that his arguments fail.

I criticize an increasingly popular set of arguments for the justifiability of punishment. Some philosophers try to justify punishment by appealing to what Peter Strawson calls the reactive attitudes – emotions like resentment, indignation, remorse and guilt. These arguments fail. The view that these emotions commit us to punishment rests on unsophisticated views of punishment and of these emotions and their associated behaviors. I offer more sophisticated accounts of punishment, of these emotions and of their associated behaviors that are consistent (...) with Abolitionism, the view that punishment is unjustified. (shrink)

The growing demand for uterus transplantation (UTx) invites continued philosophical evaluation of the function of UTx (and what constitutes its ‘success’), as well as the recipient eligibility for UTx. Currently, UTx caters to partnered, cisgender women of childbearing age looking to get pregnant and give birth to a biogenetically related child. The medical justification for this—the treatment of uterine infertility—explains the primacy of this practice. However, this dominant conceptualization of UTx does not necessarily capture the diverse needs for which both (...) cis‐ and transgender women might take interest in UTx that are not strictly procreative, such as bodily integrity and gender identity reasons. In this paper, I argue that non‐procreative motivations for uterus acquisition ought to be taken seriously as a matter of non‐discrimination and consistency. (shrink)

A famous mathematical theorem says that the sum of an infinite series of numbers can depend on the order in which those numbers occur. Suppose we interpret the numbers in such a series as representing instances of some physical quantity, such as the weights of a collection of items. The mathematics seems to lead to the result that the weight of a collection of items can depend on the order in which those items are weighed. But that is very hard (...) to believe. A puzzle then arises: How do we interpret the metaphysical significance of this mathematical theorem? I first argue that prior solutions to the puzzle lead to implausible consequences. Then I develop my own solution, where the basic idea is that the weight of a collection of items is equal to the limit of the weights of its finite subcollections contained within ever-expanding regions of space. I show how my solution is intuitively plausible and philosophically motivated, how it reveals an underexplored line of metaphysical inquiry about quantities and locations, and how it elucidates some classic puzzles concerning supertasks. (shrink)

Are counterfactuals with true antecedents and consequents automatically true? That is, is Conjunction Conditionalization: if (X & Y), then (X > Y) valid? Stalnaker and Lewis think so, but many others disagree. We note here that the extant arguments for Conjunction Conditionalization are unpersuasive, before presenting a family of more compelling arguments. These arguments rely on some standard theorems of the logic of counterfactuals as well as a plausible and popular semantic claim about certain semifactuals. Denying Conjunction Conditionalization, then, requires (...) rejecting other aspects of the standard logic of counterfactuals, or else our intuitive picture of semifactuals. (shrink)

I argue that contemporary liberal theory cannot give a general justification for the institution or practice of punishment, i.e., a justification that would hold across a broad range of reasonably realistic conditions. I examine the general justifications offered by three prominent contemporary liberal theorists and show how their justifications fail in light of the possibility of an alternative to punishment. I argue that, because of their common commitments regarding the nature of justification, these theorists have decisive reasons to reject punishment (...) in favor of a non-punitive alternative. I demonstrate the possibility of this alternative by means of a careful examination of the nature of punishment, isolating one essential characteristic—the aim to impose suffering—and showing how this characteristic need not guide enforcement. There is logical space for a forceful and coercive, yet non-punitive method of enforcement. This fact poses difficulties for many classical and contemporary justifications of punishment, but it poses particularly crippling problems for general liberal justifications. (shrink)

The standard semantics for counterfactuals ensures that any counterfactual with a true antecedent and true consequent is itself true. There have been many recent attempts to amend the standard semantics to avoid this result. I show that these proposals invalidate a number of further principles of the standard logic of counterfactuals. The case against the automatic truth of counterfactuals with true components does not extend to these further principles, however, so it is not clear that rejecting the latter should be (...) a consequence of rejecting the former. Instead I consider how one might defuse putative counterexamples to the truth of true-true counterfactuals. (shrink)

Many philosophers think that, when someone deserves something, it’s intrinsically good that she get it or there’s a non-instrumental reason to give it to her. Retributivists who try to justify punishment by appealing to claims about what people deserve typically assume this view or views that entail it. In this paper, I present evidence that many people have intuitions that are inconsistent with this view. And I argue that this poses a serious challenge to retributivist arguments that appeal to desert.

East Asian countries such as South Korea have recently made headlines for experimenting with different methods to incentivise people to have (more) children, in a bid to reverse declining birth rates. Many such incentives—child benefits, cash bonuses, dating events, and so on—appear morally innocuous at first glance. I will demonstrate in this analysis, however, that they amount to stopgap measures which reveal fundamental shortcomings with the way various nation states are approaching the so-called ‘problem’ of fertility decline.

Let a "smooth experience" be an experience with perfectly gradual changes in phenomenal character. Consider, as examples, your visual experience of a blue sky or your auditory experience of a rising pitch. Do the phenomenal characters of smooth experiences have continuous or discrete structures? If we appeal merely to introspection, then it may seem that we should think that smooth experiences are continuous. This paper (1) uses formal tools to clarify what it means to say that an experience is continuous (...) or discrete, and (2) develops a discrete model of the phenomenal characters of smooth experiences. As a result, I'll argue that introspection leaves open whether smooth experiences are continuous or discrete. Yet I’ll also argue—perhaps surprisingly—that the discrete theory may better fit our introspective evidence. Along the way, I explain why the sense of ‘continuity’ ascribed to smooth experiences is distinct from the sense of ‘continuity’ ascribed to the stream of consciousness. (shrink)

I’ll raise a problem for Retributivism, the view that legal punishment is justified on the basis of desert. I’ll focus primarily on Mitchell Berman’s recent defense of the view. He gives one of the most sophisticated and careful statements of it. And his argument is representative, so the problem I’ll raise for it will apply to other versions of Retributivism. His insights about justification also help to make the problem particularly obvious. I’ll also show how the problem extends to non-retributive (...) justifications of punishment. I’ll argue that Berman’s argument makes a questionable assumption about the standard of justification that justifications of punishment must meet to be successful. If we think about what it takes to justify punishment and reflect on the intuitions that retributivists appeal to, it turns out that the intuitions aren’t obviously up to the task. (shrink)

I develop and defend "metaethical experientialism," the thesis that phenomenal facts explain certain kinds of value facts. I argue, for example, that anyone who knows what it’s like to feel extreme pain is in a position to know that that kind of experience is bad. I argue that metaethical experientialism yields genuine counterexamples to the principle that no ethical conclusion can be derived from purely descriptive premises. I also discuss the prospects for a pluralistic metaethics, whereby different metaethical theories hold (...) for different classes of ethical facts. (shrink)

Totalitarianism is perhaps unanimously regarded as one of the greatest political evils of the last century and has been the grounds for much of Anglo-American political theory since. Confucianism, meanwhile, has been gaining credibility in the past decades among sympathizers of democratic theory in spite of criticisms of it being anti-democratic or authoritarian. I consider how certain key concepts in the classical Confucian texts of the Mencius and the Xunzi might or might not be appropriated for ‘legitimising’ totalitarian regimes. Under (...) an Arendtian approach to understanding totalitarianism, it is precisely an unproblematised relation to a normative History and Nature that underlies the potential compatibility or incompatibility. I argue against a longstanding prejudice that if any form of Confucianism would be totalitarian, it would have to be Xunzian. Against this, I hope to show that if any form of Confucianism would be totalitarian, it might well be a naturalistic Mencian Confucianism instead of a constructivist Xunzian one. (shrink)

This paper continues a debate about the following claim: an agent punishes someone only if she aims to harm him. In a series of papers, Bill Wringe argues that this claim is false, I criticize his arguments, and he replies. Here, I argue that his reply fails.

Some have claimed that moral bioenhancement undermines freedom and authenticity – thereby making moral bioenhancement problematic or undesirable – whereas others have said that moral bioenhancement does not undermine freedom and authenticity – thereby salvaging its ethical permissibility. These debates are characterized by a couple of features. First, a positive relationship is assumed to hold between these agency-related concepts and the ethical permissibility of moral bioenhancement. Second, these debates are centered around individualistic conceptions of agency, like free choice and authenticity, (...) which hail from an atomistic tradition of autonomy. My view is that emphasizing individualistic conceptions of autonomy do not provide particularly strong foundations on which to argue about the issue of the permissibility of moral bioenhancement. This is because individualistic autonomy is not the kind of agency-related consideration we ought to value. Instead, I propose that we investigate the relationship between moral bioenhancement and a more relational kind of autonomy. Focusing on this latter relationship, on my view, clarifies the potential for moral bioenhancement to support or enhance people’s autonomy. (shrink)

The debate over Hypothetical Syllogism is locked in stalemate. Although putative natural language counterexamples to Hypothetical Syllogism abound, many philosophers defend Hypothetical Syllogism, arguing that the alleged counterexamples involve an illicit shift in context. The proper lesson to draw from the putative counterexamples, they argue, is that natural language conditionals are context-sensitive conditionals which obey Hypothetical Syllogism. In order to make progress on the issue, I consider and improve upon Morreau’s proof of the invalidity of Hypothetical Syllogism. The improved proof (...) relies upon the semantic claim that conditionals with antecedents irrelevant to the obtaining of an already true consequent are themselves true. Moreover, this semantic insight allows us to provide compelling counterexamples to Hypothetical Syllogism that are resistant to the usual contextualist response. (shrink)

In recent years, the science and the philosophy of consciousness has seen growing interest in structural questions about consciousness. This is the Editorial Introduction for a special volume for Philosophy and the Mind Sciences on “Structuralism in Consciousness Studies.”.

A response to a declaration in 'Le Monde', 'Luttons efficacement contre les théories du complot' by Gérald Bronner, Véronique Campion-Vincent, Sylvain Delouvée, Sebastian Dieguez, Karen Douglas, Nicolas Gauvrit, Anthony Lantian, and Pascal Wagner-Egger, published on June the 6th, 2016.

I present and discuss a counterexample to Kendall Walton's necessary condition for fictionality that arises from considering serial fictions. I argue that although Walton has not in fact provided a necessary condition for fictionality, a more complex version of Walton's condition is immune from the counterexample.

I defend the thesis that legal standards of proof are reducible to thresholds of probability. Many reject this thesis because it appears to permit finding defendants liable solely on the basis of statistical evidence. To the contrary, I argue – by combining Thomson's (1986) causal analysis of legal evidence with formal methods of causal inference – that legal standards of proof can be reduced to probabilities, but that deriving these probabilities involves more than just statistics.

Some philosophers defend legal punishment by appealing to a natural right to punish wrongdoers, a right people would have in a state of nature. Many of these philosophers argue that legal punishment can be justified by transferring this right to the state. I’ll argue that such a right may not be transferrable to the state because such a right may not survive the transition out of anarchy. A compelling reason for the natural right claim – that in a state of (...) nature there are few if any viable non-punitive enforcement options – isn’t obviously true in state contexts. (shrink)

I argue that voting abstention may be obligatory under certain non-trivial conditions. Following recent work on voting ethics, I argue that the obligation to abstain under certain conditions follows from a duty not to vote badly. Whether one votes badly, however, turns on more than one's reasons for wanting a particular candidate elected or policy implemented. On my account, one's reasons for voting at all also matter, and one can be in a position where there is no way to exercise (...) one's right to vote well. Seriously unfair electoral processes may put one in such a position. Such processes arguably hold in some contemporary western democracies, including the US. (shrink)

According to deterrence justifications of legal punishment, legal punishment is justified at least in part because it deters offenses. These justifications rely on important empirical assumptions, e.g., that non-punitive enforcement can't deter or that it can't deter enough. I’ll challenge these assumptions and argue that extant deterrence justifications of legal punishment fail. In the process, I examine contemporary deterrence research and argue that it provides no support for these justifications.

This paper argues that in Eudemian Ethics 8.3, virtue’s mean between excess and deficiency is defined by the standard of promoting the most contemplation. Promotion is indirect and constrained by virtue’s other essential features. The chapter’s apparent restriction of the standard to actions concerning natural goods actually serves a dialectical, not a restrictive, purpose. This paper proposes to unify the chapter’s argumentative arc.