The paper offers an account of luck, fate, and fortune. It begins by showing that extant accounts of luck are deficient because they do not identify the genus of which luck is a species. That genus of properties, the tychic, alert an agent to occasions on which the external world cooperates with or frustrates their goal-achievement. An agent’s sphere of competence is the set of goals that it is possible for them to reliably achieve. Luck concerns occasions on which there (...) is a mismatch between attempt and result; in bad luck the external world thwarts goal-achievement within the agent’s sphere of competence, in good luck the external world assists goal-achievement beyond the agent’s sphere of competence. Fateful events are those where, more passively, the agent finds the external world achieving or frustrating their goals. Fortune concerns the contraction and expansion of the agent’s sphere of competence. Eight reasons are given for accepting the account; its theoretical virtues and various things it explains. Lastly, three objections are answered; that the tychic properties relate to well-being rather than agency, that there are alternative theories of fortune available in the contemporary literature, that the account draws arbitrary distinctions between synonyms. (shrink)

Science frequently gives us multiple, compatible ways of solving the same problem or formulating the same theory. These compatible formulations change our understanding of the world, despite providing the same explanations. According to what I call "conceptualism," reformulations change our understanding by clarifying the epistemic structure of theories. I illustrate conceptualism by analyzing a typical example of symmetry-based reformulation in chemical physics. This case study poses a problem for "explanationism," the rival thesis that differences in understanding require ontic explanatory differences. (...) To defend conceptualism, I consider how prominent accounts of explanation might accommodate this case study. I argue that either they do not succeed, or they generate a skeptical challenge. (shrink)

I claim that there is pro tanto moral reason for parents to not raise their child on a vegan diet because a vegan diet bears a risk of harm to both the physical and the social well-being of children. After giving the empirical evidence from nutrition science and sociology that supports this claim, I turn to the question of how vegan parents should take this moral reason into account. Since many different moral frameworks have been used to argue for veganism, (...) this is a complex question. I suggest that, on some of these moral frameworks, the moral reason that some parents have for not raising their child on a vegan diet on account of this risk is plausibly as strong as the reason they have for raising their child on a vegan diet. In other words, the moral reason I outline is weighty enough to justify some vegan parents in plausibly finding it permissible to not raise their child on a vegan diet. (shrink)

ABSTRACT Co-parents who differ in their ideal child rearing policies should compromise, argues Marcus William Hunt. Josh Milburn and Carlo Alvaro dispute this when it comes to veganism. Milburn argues that veganism is a matter of justice and that to compromise over justice is (typically) impermissible. I suggest that compromise over justice is often permissible, and that compromise over justice may be required by justice itself. Alvaro offers aesthetic, gustatory, and virtue-based arguments for ethical veganism, showing that veganism involves (...) sensibilities and virtues, and argues that veganism involves a belief. Alvaro takes this to show that parental compromise is impermissible. I suggest that Alvaro’s arguments are implausible and that the shaping of a child’s sensibilities and virtues is an apt matter for parental compromise. (shrink)

Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...) derived by adhering to (limited) authority. This article examines methodologies within political philosophy for analyzing police injustice. The methodological inquiry leads to an account of how justice constrains the police through both special (or positional) moral requirements that officers assume voluntarily, as well as general moral requirements in virtue of a polity’s commitment to moral, political and legal values beyond law enforcement and crime reduction. The upshot is a conception of a police role that is constrained by justice from multiple foundational stances. (shrink)

Frankfurt cases are purported counterexamples to the Principle of Alternative Possibilities, which implies that we are not morally responsible for unavoidable actions. A major permutation of the counterexample strategy features buffered alternatives; this permutation is designed to overcome an influential defense of the Principle of Alternative Possibilities. Here we defend the buffering strategy against two recent objections, both of which stress the timing of an agent’s decision. We argue that attributions of moral responsibility aren’t time-sensitive in the way the objectors (...) suppose. We then turn to the crucial question of when an action is relevantly avoidable—when, in the parlance of the literature, an alternative possibility is robust. We call attention to two plausible tests for robustness that merit further consideration, showing that the agents in buffered Frankfurt cases don’t pass these tests, despite being morally responsible for their actions. (shrink)

Reformulating a scientific theory often leads to a significantly different way of understanding the world. Nevertheless, accounts of both theoretical equivalence and scientific understanding have neglected this important aspect of scientific theorizing. This essay provides a positive account of how reformulation changes our understanding. My account simultaneously addresses a serious challenge facing existing accounts of scientific understanding. These accounts have failed to characterize understanding in a way that goes beyond the epistemology of scientific explanation. By focusing on cases in which (...) we have differences in understanding without differences in explanation, I show that understanding does not reduce to explanation. (shrink)

This paper offers an overview of the philosophical work on epistemic injustices as it relates to psychiatry. After describing the development of epistemic injustice studies, we survey the existing literature on its application to psychiatry. We describe how the concept of epistemic injustice has been taken up into a range of debates in philosophy of psychiatry, including the nature of psychiatric conditions, psychiatric practices and research, and ameliorative projects. The final section of the paper indicates future directions for philosophical research (...) of epistemic injustices and psychiatry, concerning neurocognitive disorders, identity prejudices in psychiatric illness, concepts of epistemic privilege in psychiatry, and the prospects for combining phenomenological psychopathology and epistemic justice. We argue that much remains to be done in the conceptualization of these epistemic injustices and suggest that this future work should be multidisciplinary in character and sensitive to the phenomenology of psychiatric conditions. (shrink)

This book provides a comprehensive examination of the police role from within a broader philosophical context. Contending that the police are in the midst of an identity crisis that exacerbates unjustified law enforcement tactics, Luke William Hunt examines various major conceptions of the police—those seeing them as heroes, warriors, and guardians. The book looks at the police role considering the overarching societal goal of justice and seeks to present a synthetic theory that draws upon history, law, society, psychology, and (...) philosophy. Each major conception of the police role is examined in light of how it affects the pursuit of justice, and how it may be contrary to seeking justice holistically and collectively. The book sets forth a conception of the police role that is consistent with the basic values of a constitutional democracy in the liberal tradition. Hunt’s intent is that clarifying the police role will likewise elucidate any constraints upon policing strategies, including algorithmic strategies such as predictive policing. This book is essential reading for thoughtful policing and legal scholars as well as those interested in political philosophy, political theory, psychology, and related areas. Now more than ever, the nature of the police role is a philosophical topic that is relevant not just to police officials and social scientists, but to everyone. (shrink)

The paper argues that ‘All varieties of gratitude are only overall fitting when targeted towards agents,’ for instance that any variety of gratitude for the beautiful sunset is only overall fitting if a supernatural agent such as God exists. The first premise is that ‘Prepositional gratitude is overall fitting only when targeted towards agents.’ For this premise, intuitive judgments are offered. The second premise is that ‘Prepositional gratitude is the paradigmatic variety of gratitude.’ For this premise, an aspect of the (...) common consent of philosophers about gratitude is noted and the metaphysical basicness of prepositional gratitude is argued for. This gives the intermediate conclusion that ‘The paradigmatic variety of gratitude is overall fitting only when targeted towards agents.’ The fourth premise is that ‘If the paradigmatic variety of gratitude is overall fitting only when targeted towards agents, then all varieties of gratitude are overall fitting only when targeted towards agents.’ To supply the conditional of this premise, the Paradigmatic Fittingness Principle is offered, which states that ‘Paradigmatic emotions set the fittingness conditions for their non-paradigmatic varieties.’ This principle is argued for by noting that it vindicates some popular and plausible intuitive judgements and gives an error theory of why one might think that gratitude could be fittingly targeted towards non-agents, and by suggesting the absence of any other plausible source of fittingness conditions for non-paradigmatic emotions. (shrink)

Where is consciousness? Neurobiological theories of consciousness look primarily to synaptic firing and “spike codes” as the physical substrate of consciousness, although the specific mechanisms of consciousness remain unknown. Synaptic firing results from electrochemical processes in neuron axons and dendrites. All neurons also produce electromagnetic (EM) fields due to various mechanisms, including the electric potential created by transmembrane ion flows, known as “local field potentials,” but there are also more meso-scale and macro-scale EM fields present in the brain. The functional (...) role of these EM fields has long been a source of debate. We suggest that these fields, in both their local and global forms, may be the primary seat of consciousness, working as a gestalt with synaptic firing and other aspects of neuroanatomy to produce the marvelous complexity of minds. We call this assertion the “electromagnetic field hypothesis.” The neuroanatomy of the brain produces the local and global EM fields but these fields are not identical with the anatomy of the brain. These fields are produced by, but not identical with, the brain, in the same manner that twigs and leaves are produced by a tree’s branches and trunk but are not the same as the branches and trunk. As such, the EM fields represent the more granular, both spatially and temporally, aspects of the brain’s structure and functioning than the neuroanatomy of the brain. The brain’s various EM fields seem to be more sensitive to small changes than the neuroanatomy of the brain. We discuss issues with the spike code approach as well as the various lines of evidence supporting our argument that the brain’s EM fields may be the primary seat of consciousness. This evidence (which occupies most of the paper) suggests that oscillating neural EM fields may make firing in neural circuits oscillate, and these oscillating circuits. may help unify and guide conscious cognition. (shrink)

The paper offers a three-premise argument that a person with first-hand experience of possession and exorcism, such as an exorcist, can have a justified belief in the existence of demons. (1) “Exorcism involves a process by which the exorcist comes to believe that testimony is offered by a demon.” Cited for (1) are the Gospels, the Roman Ritual, some modern cases of exorcism, and exorcism practices in non-Christian contexts. (2) “If defeaters are absent, the exorcist may treat as reliable the (...) process by which he comes to believe that testimony is offered by a demon.” For (2) a case is offered that we have a reliable ability to identify when testimony is being offered and when it is being offered by particular types of agents, what is termed testifier-identification. (3) “In many cases of exorcism, defeaters are absent.” An inductive case is given for (3) by responding to possible defeaters, including several suggested recently by David Kyle Johnson. Therefore, in many cases of exorcism the exorcist may treat as reliable the processes by which he comes to believe that testimony is offered by a demon, and so can have a justified belief in the existence of demons. (shrink)

The principle of alternate possibilities (PAP), making the ability to do otherwise a necessary condition for moral responsibility, is supposed by Harry Frankfurt, John Fischer, and others to succumb to a peculiar kind of counterexample. The paper reviews the main problems with the counterexample that have surfaced over the years, and shows how most can be addressed within the terms of the current debate. But one problem seems ineliminable: because Frankfurt''s example relies on a counterfactual intervener to preclude alternatives to (...) the person''s action, it is not possible for it to preclude all alternatives (intervention that is contingent upon a trigger cannot bring it about that the trigger never occurred). This makes it possible for the determined PAPist to maintain that some pre-intervention deviation is always available to ground moral responsibility. In reply, the critic of PAP can examine all the candidate deviations and argue their irrelevance to moral responsibility (a daunting prospect); or the critic can dispense with counterfactual intervention altogether. The paper pursues the second of these strategies, developing three examples of noncounterfactual intervention in which (i) the agent has no alternatives (and a fortiori no morally relevant alternatives), yet (ii) there is just as much reason to think that the agent is morally responsible as there was in Frankfurt''s original example. The new counterexamples do suffer from one liability, but this is insufficient in the end to repair PAP''s conceptual connection between moral responsibility and alternate possibilities. (shrink)

I examine how co-parents should handle differing commitments about how to raise their child. Via thought experiment and the examination of our practices and affective reactions, I argue for a thesis about the locus of parental authority: that parental authority is invested in full in each individual parent, meaning that that the command of one parent is sufficient to bind the child to act in obedience. If this full-authority thesis is true, then for co-parents to command different things would be (...) for them to contest one another’s authority. The only course that respects the authority of both parents is for co-parents to agree to command the same thing. Further, what is commanded must not result from a ‘capitulation’ by one co-parent, rather, it should result from a compromise. Parental authority involves a duty to deliberate about which commands it is best to give the child. If a command results from a capitulation, one parent will rightly think of themselves as not having fulfilled their parental duty. Parental compromises are not best understood as bargains or conflicts, but by the metaphor of gifts given by each parent out of respect for the other’s authority. (shrink)

This article analyses the phenomenon of epistemic injustice within contemporary healthcare. We begin by detailing the persistent complaints patients make about their testimonial frustration and hermeneutical marginalization, and the negative impact this has on their care. We offer an epistemic analysis of this problem using Miranda Fricker's account of epistemic injustice. We detail two types of epistemic injustice, testimonial and hermeneutical, and identify the negative stereotypes and structural features of modern healthcare practices that generate them. We claim that these stereotypes (...) and structural features render ill persons especially vulnerable to these two types of epistemic injustice. We end by proposing five avenues for further work on epistemic injustice in healthcare. (shrink)

Policing in many parts of the world—the United States in particular—has embraced an archetypal model: a conception of the police based on the tenets of individuated archetypes, such as the heroic police “warrior” or “guardian.” Such policing has in part motivated moves to (1) a reallocative model: reallocating societal resources such that the police are no longer needed in society (defunding and abolishing) because reform strategies cannot fix the way societal problems become manifest in (archetypal) policing; and (2) an algorithmic (...) model: subsuming policing into technocratic judgements encoded in algorithms through strategies such as predictive policing (mitigating archetypal bias). This paper begins by considering the normative basis of the relationship between political community and policing. It then examines the justification of reallocative and algorithmic models in light of the relationship between political community and police. Given commitments to the depth and distribution of security—and proscriptions against dehumanizing strategies—the paper concludes that a nonideal-theory priority rule promoting respect for personhood (manifest in community and dignity-promoting policing strategies) is a necessary condition for the justification of the above models. (shrink)

Accounts of scientific explanation disagree about what’s required for a cause, law, or other fact to be a reason why an event occurs. In short, they disagree about the conditions for explanatory relevance. Nonetheless, most accounts presuppose that claims about explanatory relevance play a descriptive role in tracking reality. By rejecting the need for this descriptivist assumption, I develop an expressivist account of explanatory relevance and explanation: to judge that an answer is explanatory is to express an attitude of _being (...) for being satisfied by that answer_. I show how expressivism vindicates ordinary scientific discourse about explanation, including claims about the objectivity and mind-independence of explanations. By avoiding commitment to ontic relevance relations, I rehabilitate an irrealist conception of explanation. (shrink)

I argue that, although education should have positive effects on students’ epistemic character, it is often actually damaging, having bad effects. Rather than cultivating virtues of the mind, certain forms of education lead to the development of the vices of the mind - it is therefore epistemically corrupting. After sketching an account of that concept, I offer three illustrative case studies.

We argue that Hamiltonian mechanics is more fundamental than Lagrangian mechanics. Our argument provides a non-metaphysical strategy for privileging one formulation of a theory over another: ceteris paribus, a more general formulation is more fundamental. We illustrate this criterion through a novel interpretation of classical mechanics, based on three physical conditions. Two of these conditions suffice for recovering Hamiltonian mechanics. A third condition is necessary for Lagrangian mechanics. Hence, Lagrangian systems are a proper subset of Hamiltonian systems. Finally, we provide (...) a geometric interpretation of the principle of stationary action and rebut arguments for privileging Lagrangian mechanics. (shrink)

There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...) the rule of law seems expendable—began many years after 9/11 and continues to this day. One way to describe this book is an examination of the moral limits on modern police practices that flow from the basic legal and political tenets of the liberal tradition. The central argument is that policing in liberal states is constrained by a liberal conception of persons coupled with particular rule of law principles. Part I consists of three chapters that constitute the book’s theoretical foundation, including an overview of the police’s law enforcement role in the liberal polity and a methodology for evaluating that role. Part II consists of three chapters that address applications of the theory, including the police’s use of informants, deceptive operations, and surveillance. The upshot is that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets. [This is an uncorrected draft of the book's preface and introduction, forthcoming from Oxford University Press.]. (shrink)

Ill persons suffer from a variety of epistemically-inflected harms and wrongs. Many of these are interpretable as specific forms of what we dub pathocentric epistemic injustices, these being ones that target and track ill persons. We sketch the general forms of pathocentric testimonial and hermeneutical injustice, each of which are pervasive within the experiences of ill persons during their encounters in healthcare contexts and the social world. What’s epistemically unjust might not be only agents, communities and institutions, but the theoretical (...) conceptions of health that structure our responses to illness. Thus, we suggest that although such pathocentric epistemic injustices have a variety of interpersonal and structural causes, they are also sustained by a deeper naturalistic conception of the nature of illness. (shrink)

I reject both (a) inevitabilism about the historical development of the sciences and (b) what Ian Hacking calls the "put up or shut up" argument against those who make contingentist claims. Each position is guilty of a lack of humility about our epistemic capacities.

One strategy in recent discussions of theological fatalism is to draw on Harry Frankfurt’s famous counterexamples to the principle of alternate possibilities (PAP) to defend human freedom from divine foreknowledge. For those who endorse this line, “Frankfurt counterexamples” are supposed to show that PAP is false, and this conclusion is then extended to the foreknowledge case. This makes it critical to determine whether Frankfurt counterexamples perform as advertised, an issue recently debated in this journal via a pair of articles by (...) David Widerker and John Martin Fischer. I suggest that this debate can be avoided: divine foreknowledge is itself aparadigmatic counterexample to PAP, requiring no support from suspect Frankfurt counterexamples. (shrink)

This paper seeks to rehabilitate St. Augustine’s widely dismissed response to the alleged incompatibility of divine foreknowledge and free will. This requires taking a fresh look at his analysis in On Free Choice of the Will, and arguing its relevance to the current debate. Along the way, mistaken interpretations of Augustine are rebutted, his real solution is developed and defended, a reason for his not anticipating Boethius’s a temporalist solution is suggested, a favorable comparison with Ockham is made, rival solutions (...) are rejected, and the aporetic nature of the problem is explained. (shrink)

ABSTRACT This article develops an Arendtian conception of resentment and shows that resentment as a response to injustice is in fact only possible within a community of persons engaged in moral and recognitive relations. While Arendt is better known for her work on forgiveness—characterized as a creative rather than vindictive response to injury—this article suggests that Arendt provides a unique way of thinking about resentment as essentially a response to another human's subjectivity. But when injury is massive, so beyond the (...) pale that the possibility of face-to-face human interaction is annihilated, the space for resentment is thereby destroyed. Ironically, while the absence of resentment might at first seem to be an unproblematically good thing, Arendt shows us that the loss of resentment actually signals the loss of the properly human realm. (shrink)

Siblings ought to treat one another specially – in other words, siblings qua siblings ought to treat one another in ways that they need not treat others. This paper offers a theory of why this is the case. The paper begins with some intuitive judgments about how siblings ought to treat one another and some other normative features of siblinghood. I then review three potential theories of why siblings ought to treat one another specially, adapted from the literature on filial (...) piety: the gratitude theory, the friendship theory, and the special goods theory. In each case, these theories fail to explain some of the intuitive judgments about how siblings ought to treat one another. The paper then proposes a familial belonging theory. The institution of the family has certain goals, which impose normative demands on family members. I suggest that one such family goal is that every member feel familial belonging towards every other member, a goal which grounds the ways in which siblings ought to treat one another specially. (shrink)

This paper offers a theory of filial piety on which piety is the ethical virtue that responds to the action of person-creating. Piety is the virtue of a creature qua creature. I begin by identifying the action of person-creating as the action of a parent. I then offer some points from the philosophy of action to delineate the action of person-creating. Next, I explain the metaphysical states that this action gives rise to and their value. Parent and child fall in (...) the category of relatives, discussed by Aristotle in his Categories. More specifically, Aristotle says that parent and child are relatives as creator and created. Agreeing with but going beyond Aristotle, I show how parent and child are creator and created as paradigm and image. A pious child is one who images their paradigm well. A child does this by participating in and perfecting the person-creating action of their parent, that is, by being a good person. I argue for the theory’s acceptance on the grounds that it better explains common intuitive judgments about filial piety than do the gratitude theory and the special goods theory (the two most influential and plausible competing theories of filial piety in the philosophical literature). (shrink)

The paper begins with a description of a grey seal performing conspecific infanticide. The paper then gives an account of “nobleness” and “brutishness.” Roughly, a behavioural-disposition is noble/brutish if it is one that would be a moral virtue/vice if the possessor of the behavioural-disposition were a moral agent. The paper then advances two pairs of axiological claims. The first pair of claims is that nobleness is good and that brutishness is bad. The second pair of claims is about an axiological (...) interaction between nobleness/brutishness and well-being. That any non-human animal lacks well-being is bad. Yet, it is worse that a noble non-human animal lacks well-being, and not so bad that a brutish non-human animal lacks well-being. Lastly, the paper discusses some potential moral implications of these axiological claims, for instance that factory farming is especially wrong because it causes noble non-human animals to lack well-being. (shrink)

A dealbreaker, in the sense developed in this essay, is a relationship between a person's psychology and an aspect of an artwork to which they are exposed. When a person has a dealbreaking aversion to an aspect of a work, they are blocked from embracing the work's aesthetically positive features. I characterize dealbreakers, distinguish this response from other negative responses to an artwork, and argue that the presence or absence of a dealbreaker is in some cases an appropriate target of (...) moral evaluation. I then use the concept of dealbreakers to develop a new approach to the question of our moral obligations with respect to the work of immoral artists, arguing that there is no general obligation binding us to cultivate or eliminate a dealbreaking aversion to their work. I conclude by suggesting several other philosophical debates that could benefit from a focus on dealbreakers. (shrink)

Although the discipline of vice epistemology is only a decade old, the broader project of studying epistemic vices and failings is much older. This paper argues that contemporary vice epistemologists ought to engage more closely with these earlier projects. After sketching some general arguments in section one, I then turn to deep epistemic vices: ones whose identity and intelligibility depends on some underlying conception of human nature or the nature of reality. The final section then offers a case study from (...) a vice epistemic tradition that emerged in early modern English natural philosophy. (shrink)

This paper argues for the diversification of university-level philosophy curricula. I defend the ideal of expansionist pluralism and connect it to metaphilosophical myopia – problematically limited or constrained visions of the range of forms taken by philosophy. Expansively pluralist curricula work to challenge metaphilosophical myopia and one of its costs, namely, a specific kind of hermeneutical injustice, perpetrated against the communities and traditions shaped by the occluded forms of philosophy.

Linda Martín Alcoff and others have emphasised that the discipline of philosophy suffers from a ‘demographic problem’. The persistence of this problem is partly the consequence of various forms of resistance to efforts to address the demographic problem. Such resistance is complex and takes many forms and could be responded to in different ways. In this paper, I argue that our attempts to explain and understand the phenomenon of resistance should use a kind of explanatory pluralism that, following Quassim Cassam, (...) I call multidimensionalism. I describe four general kinds of resistance and consider varying explanations, focusing on those focused on vices and social structures. I argue that vice-explanations and structural- explanations are both mutually consistent and mutually entailing. If so, there is no need to choose between vice explanations and structural explanations or any other kinds of explanation. We can and should be multidimensionalists: using many together is better. (shrink)

The 'Why ain'cha rich?' argument for one-boxing in Newcomb's problem allegedly vindicates evidential decision theory and undermines causal decision theory. But there is a good response to the argument on behalf of causal decision theory. I develop this response. Then I pose a new problem and use it to give a new 'Why ain'cha rich?' argument. Unlike the old argument, the new argument targets evidential decision theory. And unlike the old argument, the new argument is sound.

Essay on police legitimacy through public reason and community policing.

The use of deception and dishonesty is widely accepted as a fact of life in policing. This paper thus defends a counterintuitive claim: Good faith is a normative foundation for the police as a political institution. Good faith is a core value of contracts, and policing is contractual in nature both broadly (as a matter of social contract theory) and narrowly (in regard to concrete encounters between law enforcement officers and the public). Given the centrality of good faith to policing, (...) dishonesty and deception on par with fraud are justified only as a narrowly circumscribed investigative tool that is constrained by institutional commitments to the fair distribution of security and the rule of law. The practical upshot is the preclusion of most dishonest and deceptive police tactics on par with fraud, leading to an institution that is less proactive and more reactive. (shrink)

Interpreting the content of the law is not limited to what a relevant lawmaker utters. This paper examines the extent to which implied and implicit content is part of the law, and specifically whether the Gricean concept of conversational implicature is relevant in determining the content of law. Recent work has focused on how this question relates to acts of legislation. This paper extends the analysis to case law and departs from the literature on several key issues. The paper's argument (...) is based upon two points: Precedent-setting judicial opinions may consist of multiple conversations, of which some entail opposing implicata, and if a particular precedent-setting judicial opinion consists of multiple conversations, of which some entail opposing implicata, then no meaningful conversational implicatum is part of the content of that particular precedent-setting opinion. Nevertheless, the paper's conclusion leaves open the prospect of gleaning something in between conversational implicature and what is literally said, namely, conversational impliciture. (shrink)

In this paper, we argue that certain theoretical conceptions of health, particularly those described as ‘biomedical’ or ‘naturalistic’, are viciously epistemically unjust. Drawing on some recent work in vice epistemology, we identity three ways that abstract objects (such as theoretical conceptions, doctrines, or stances) can be legitimately described as epistemically vicious. If this is right, then robust reform of individuals, social systems, and institutions would not be enough to secure epistemic justice: we must reform the deeper conceptions of health that (...) underlie them. (shrink)

This paper explores what the epistemic account of vagueness means for theories of legal interpretation. The thesis of epistemicism is that vague statements are true or false even though it is impossible to know which. I argue that if epistemicism is accepted within the domain of the law, then the following three conditions must be satisfied: Interpretative reasoning within the law must adhere to the principle of bivalence and the law of excluded middle, interpretative reasoning within the law must construe (...) vague statements as an epistemic phenomenon, and epistemicism must be expanded to include normative considerations in order to account for legal theories that are consistent with the first two conditions. The first two conditions are internal to a particular theory of legal interpretation, while the third condition is external to a particular theory of legal interpretation. My conclusion shows that there are legal theories that are internally consistent with the fundamental features of epistemicism. However, within the domain of law—and specifically in the case of legal theories that are internally consistent with epistemicism—I show that vagueness cannot be explained simply by our ignorance of the meaning and use of vague expressions. Rather, epistemicism must also account for ignorance of the requisite normative considerations in legal theories with which it is otherwise consistent. (shrink)

According to a venerable ideal, the core aim of philosophical practice is wisdom. The guiding concern of the ancient Greek, Indian, and Chinese traditions was the nature of the good life for human beings and the nature of reality. Central to these traditions is profound recognition of the subjection to adversities intrinsic to human life. I consider paradigmatic exemplars of wisdom, from ancient Western and Asian traditions, and the ways that experiences of adversity shaped their life. The suggestion is that (...) these exemplars, if any, will show how to live wisely in adversity. (shrink)

This article offers two arguments for the conclusion that we should refuse on moral grounds to establish a human presence on the surface of Mars. The first argument appeals to a principle constraining the use of invasive or destructive techniques of scientific investigation. The second appeals to a principle governing appropriate human behavior in wilderness. These arguments are prefaced by two preliminary sections. The first preliminary section argues that authors working in space ethics have good reason to shift their focus (...) away from theory-based arguments in favor of arguments that develop in terms of pretheoretic beliefs. The second argues that of the popular justifications for sending humans to Mars only appeals to scientific curiosity can survive reflective scrutiny. (shrink)

This is a contribution to an Author Meets Critics special issue on John Martin Fischer's _Our Fate: Essays on God and Free Will_.

The article argues that procreation is intrinsically valuable because it produces persons. The essential thought of the argument is that among the valuable things in the world are not only products, but the actions by which they are produced. The first premise is that persons have great value, for which a common consent argument is offered. The second premise is that, as an action type, procreation has persons as a product. Procreation is always a part of the action that produces (...) a person. This is because procreators take as their goal the creation of an organism that itself has development into a person as a goal. Such a claim also helps explain the moral obligations of procreators, the affective lives of procreators and the common preference for procreation. The third premise is that if an action type has a product of value, then all its tokens have intrinsic value. I argue that even when such actions fail to produce anything outside the agent, they are intrinsically valuable because of how they actualise the powers and virtues of the agent, in part achieving the agent’s goal. I then apply that argument to the case of procreation and person producing. (shrink)

I sketch out a specific form of vice epistemology that I call critical character epistemology.