When looking at a scene, observers feel that they see its entire structure in great detail and can immediately notice any changes in it. However, when brief blank fields are placed between alternating displays of an original and a modified scene, a striking failure of perception is induced: identification of changes becomes extremely difficult, even when changes are large and made repeatedly. Identification is much faster when a verbal cue is provided, showing that poor visibility is not the cause of (...) this difficulty. Identification is also faster for objects mentioned in brief verbal descriptions of the scene. These results support the idea that observers never form a complete, detailed representation of their surroundings. In addition, results also indicate that attention is required to perceive change, and that in the absence of localized motion signals it is guided on the basis of high-level interest. (shrink)

Observers inspected normal, high quality color displays of everyday visual scenes while their eye movements were recorded. A large display change occurred each time an eye blink occurred. Display changes could either involve "Central Interest" or "Marginal Interest" locations, as determined from descriptions obtained from independent judges in a prior pilot experiment. Visual salience, as determined by luminance, color, and position of the Central and Marginal interest changes were equalized. -/- The results obtained were very similar to those obtained in (...) prior experiments showing failure to detect changes occurring simultaneously with saccades, flicker, or “mudsplashes” in the visual scene: Many changes were very hard to detect, and Marginal Interest changes were harder to detect than Central Interest changes. -/- Analysis of eye movements showed, as expected, that the probability of detecting a change depended on the eye’s distance from the change location. However a surprising finding was that both for Central and Marginal Interest changes, evenwhen observers were directly fixating the change locations (within 1 degree),more than 40% of the time they still failed to see the changes. It seems that looking at something does not guarantee you “ see” it. (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)

Confused terms appear to signify more than one entity. Carnap maintained that any putative name that is associated with more than one object in a relevant universe of discourse fails to be a genuine name. Although many philosophers have agreed with Carnap, they have not always agreed among themselves about the truth-values of atomic sentences containing such terms. Some hold that such atomic sentences are always false, and others claim they are always truth-valueless. Field maintained that confused terms can still (...) refer, albeit partially, and offered a supervaluational account of their semantic properties on which some atomic sentences with confused terms can be true. After outlining many of the most important theoretical considerations for and against various semantic theories for such terms, we report the results of a study designed to investigate which of these accounts best accords with the truth-value judgments of ordinary language users about sentences containing these terms. We found that naïve participants view confused names as capable of successfully referring to one or more objects. Thus, semantic theories that judge them to involve total reference failure do not comport well with patterns of ordinary usage. (shrink)

When brief blank fields are placed between alternating displays of an original and a modified scene, a striking failure of perception is induced: the changes become extremely difficult to notice, even when they are large, presented repeatedly, and the observer expects them to occur (Rensink, O'Regan, & Clark, 1997). To determine the mechanisms behind this induced "change blindness", four experiments examine its dependence on initial preview and on the nature of the interruptions used. Results support the proposal that representations at (...) the early stages of visual processing are highly volatile, and that focused attention is needed to stabilize them sufficiently to support the perception of change. (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.

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)

The COVID-19 crisis has forced a difficult trade-off between limiting the health impacts of the virus and maintaining economic activity. Welfare economics offers tools to conceptualize this trade-off so that policy-makers and the public can see clearly what is at stake. We review four such tools: the Value of Statistical Life (VSL); the Value of Statistical Life Years (VSLYs); Quality-Adjusted Life-Years (QALYs); and social welfare analysis, and argue that the latter are superior. We also discuss how to choose policies that (...) differentially affect people’s wellbeing. We argue in favor of evaluating policies using a Social Welfare Function (SWF), which evaluates the possible distributions of wellbeing across individuals that may result from a policy. Such a function, we argue, should regard increases in the wellbeing of the less well-off as especially valuable. We then use a model to illustrate how such a framework can help evaluate two broad policy types in response to the pandemic: eradication of the virus, and more lenient control of the spread. Our model reveals how such evaluations depend on many empirical facts but also on key value judgments about the relative importance of health and on the extent of special concern for the worse off. The purpose of this brief is not to make precise recommendations, as conditions vary widely across countries and over time, but to provide a methodology. (shrink)

This article surveys different philosophical theories about the nature of truth. We give much importance to truth; some demand to know it, some fear it, and others would even die for it. But what exactly is truth? What is its nature? Does it even have a nature in the first place? When do we say that some truth-bearers are true? Philosophers offer varying answers to these questions. In this article, some of these answers are explored and some of the problems (...) raised against them are presented. (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)

Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines and incarceration narrow (...) one’s routes to happiness, death eliminates its possibility. Not surprisingly, there is much debate about the moral permissibility of capital punishment. This entry maps the terrain of this debate. The first section discusses justifications of the death penalty as they appear in major theories of punishment. The second section surveys moral objections to execution that apply to most justifications. The third addresses procedural criticisms, which do not target the morality of execution so much as the justice of its implementation. (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)

I offer a working analysis of the concept of 'epistemic corruption', then explain how it can help us to understand the relations between epistemic vices and social oppression, and use this to motivate a style of vice epistemology, inspired by the work of Robin Dillon, that I call critical character epistemology.

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.

To vindicate morality against skeptical doubts, Kant must show that agents can be moved to act independently of their sensible desires. Kant must therefore answer a motivational question: how does an agent get from the cognition that she ought to act morally to acting morally? Affectivist interpretations of Kant hold that agents are moved to act by feelings, while intellectualists appeal to cognition alone. To overcome the significant shortcomings of each view, I develop a hybrid theory of motivation. My central (...) interpretive claim is that Kant is a special kind of motivational internalist: on his view, agents are moved to act by a feeling of intellectual pleasure at the prospect of accomplishing a task they have set for themselves, a feeling that originates in free choice. The resulting theory is immune to the challenges facing intellectualism and affectivism, thus strengthening the prospects of Kant’s justification of morality. (shrink)

I introduce the concept pathophobia, to capture the range of morally objectionable forms of treatment to which somatically ill persons are subjected. After distinguishing this concept from sanism and ableism, I argue that the moral wrongs of pathophobia are best analysed using a framework of vice ethics. To that end I describe five clusters of pathophobic vices and failings, illustrating each with examples from three influential illness narratives.

Many people report that reading first-person narratives of the experience of illness can be morally instructive or educative. But although they are ubiquitous and typically sincere, the precise nature of such educative experiences is puzzling—for those narratives typically lack the features that modern philosophers regard as constitutive of moral reason. I argue that such puzzlement should disappear, and the morally educative power of illness narratives explained, if one distinguishes two different styles of moral reason: an inferentialist style that generates the (...) puzzlement and an alternative exemplarist style that offers a compelling explanation of the morally educative power of pathographic literature. (shrink)

The aim of this paper is to show that an aesthetics of exemplarity could be a useful component of projects of moral self-cultivation. Using some in Linda Zagzebski's exemplarism, I describe a distinctive, aesthetically-inflected mode of admiration called moral attraction whose object is the inner beauty of a persn - the expression of the 'inner' virtues or excellences of character of a person in 'outer' forms of bodily comportment that are experienced, by others, as beautiful. I then argue that certain (...) moral traditions deploy inner beauty within their practices of moral self-cultivation - a good example being Confucianism. Advocates of exemplarist moral education should therefore take seriously the ways that an aesthetics of exemplarity can play roles within projects of moral self-cultivation. (shrink)

A combined psychological-epistemological study of the blocks that stand in the way of the human recognition of the sentience and legal rights of non-human animals. Originally published in the Lewis and Clark law journal, Animal Law, and subsequently translated into German and into Portuguese.

This paper sought to state in a concise and comparatively informal, unsystematic, and more accessible form the more technical approach the author developed during a research fellowship in 1974-75 at the Max-Planck-Institut in Starnberg, Germany. ●●●●● The ideas presented in this paper are more fully developed in later publications by the author which are listed in the two-page addendum to this paper. ●●●●● UPDATED NOTE TO THE READER - December, 2021 ●●●●● Readers will find a more fully developed position than (...) was formulated in this 1976 paper in the author's book-length study, CRITIQUE OF IMPURE REASON: Horizons of Possibility and Meaning. ●●●●● The book is available in a printed edition, ISBN 978-0-578-88646-6, from online booksellers such as Barnes & Noble, Amazon, and through independent bookstores. The book is also available as a freely downloadable _corrected second edition_ eBook, DOI: 10.5281/zenodo.5458352, through PhilSci, PhilPapers, HAL, and other online archives. ●●●●● In addition to the above-mentioned book, readers may find "A Primer on Bartlett's CRITIQUE OF IMPURE REASON" (DOI: 10.5281/zenodo.5789848) to be useful as a guide to the nearly 900-page CRITIQUE. The primer is available as a free download through PhilPapers. ●●●●●. (shrink)

In this thesis, I will defend a new kind of compatibilist account of free action, indirect conscious control compatibilism (or indirect compatibilism for short), and argue that some of our actions are free according to it. My argument has three components, and involves the development of a brand new tool for experimental philosophy, and the use of cognitive neuroscience. The first component of the argument shows that compatibilism (of some kind) is a conceptual truth. Contrary to the current orthodoxy in (...) the free will literature, which is that our concept of free will is an incompatibilist concept - a concept according to which we have free will only if determinism is false - I will show that our concept of free will is in fact a compatibilist concept - a concept according to which we can have free will even if determinism is true - and I do so using a new experimental philosophy methodology inspired by two-dimensional semantics. -/- Of course, even if our concept of free will is a compatibilist concept, this does not mean that there are any free actions in the world: the current empirical evidence from the brain sciences appears to show that there might be no, or very few, free actions in the world, even on many compatibilist understandings of what it would take for there to be free will. The second component of the argument addresses this concern by extending our understanding of compatibilism. Agents act freely either when their actions are caused by compatibilistically acceptable psychological processes, or are indirectly caused by those same processes. Hence the name of my account: indirect compatibilism. -/- The final component of the argument defends my new account against some interesting objections and provides evidence from cognitive neuroscience that some of our actions count as free by the lights of indirect compatibilism. (shrink)

Many ancient traditions recognise certain people as exemplars of virtue. I argue that some of these traditions incorporate a 'cosmic' mode of emulation, where certain of the qualities or aspects of the grounds or source of the world manifest, in human form, as virtues. If so, the ultimate objection of emulation is not a human being. I illustrate this with the forms of Daoist exemplarity found in the Book of Zhuangzi, and end by considering the charge that the aspiration to (...) cosmic emulation is inhumane. (shrink)

This is one of several papers by the author that seek to throw light on the psychology of philosophers. In this paper, certain of the defining properties of clinical narcissism are discussed in their application to the ideological position-taking character of many philosophers and the philosophies they propound. ●●●●● -/- 2022 UPDATE: The approach of this paper has been updated and developed further in Chapters 1 and 2 of the author’s 2021 book _Critique of Impure Reason: Horizons of Possibility and (...) Meaning_. The book is available both in a printed edition (under ISBN 978-0-578-88646-6 from Barnes & Noble, Amazon, and other booksellers) and an Open Access eBook edition (available under the book's title through Philpapers and other philosophy archives). (shrink)

We describe on-going work on IAO-Intel, an information artifact ontology developed as part of a suite of ontologies designed to support the needs of the US Army intelligence community within the framework of the Distributed Common Ground System (DCGS-A). IAO-Intel provides a controlled, structured vocabulary for the consistent formulation of metadata about documents, images, emails and other carriers of information. It will provide a resource for uniform explication of the terms used in multiple existing military dictionaries, thesauri and metadata registries, (...) thereby enhancing the degree to which the content formulated with their aid will be available to computational reasoning. (shrink)

The problem of cancer is examined from the metaphysical standpoint of essence and ground. An essentialist definition of cancer is assumed that would be valid in all possible worlds in which cancer could logically exist. The grounds of cancer are then examined and elucidated. Two grounding cancer properties are identified and discussed: symmetry- breaking and computational intelligence. Each examination leads to concrete conclusions for novel therapeutic approaches and a more fundamental understanding of what cancer is at bottom. Other possible cancer (...) grounding properties related to evolution, adaptability and stochastic features are identified for future work. This approach is novel and offers new solutions to the problem of cancer. (shrink)

David. E. Cooper’s claim in Animals and Misanthropy is that honest reflection on the ways human beings treat and compare with animals encourages a dark, misanthropic judgment on humankind. Treatment of animals manifests a range of vices and failings that are ubiquitous and entrenched in our practices, institutions, and forms of life, organized by Cooper into five clusters. Moreover, comparisons of humans and animals reveals both affinities and similarities, including a crucial difference that animals are capable of virtues while being (...) vice-free, whereas humans are both virtuous and vicious. Various familiar ways of thinking morally and scientifically about animal life are criticized for being overly abstract, occluding richer ways of engaging with animals that are better able to disclose the fundamental wrong of their treatment by humans. The book offers a concise, lucid challenge to mainstream ways of thinking morally about animals and to comfortably optimistic estimations of the moral performance of humankind. (shrink)

Ontology is one strategy for promoting interoperability of heterogeneous data through consistent tagging. An ontology is a controlled structured vocabulary consisting of general terms (such as “cell” or “image” or “tissue” or “microscope”) that form the basis for such tagging. These terms are designed to represent the types of entities in the domain of reality that the ontology has been devised to capture; the terms are provided with logical defi nitions thereby also supporting reasoning over the tagged data. Aim: This (...) paper provides a survey of the biomedical imaging ontologies that have been developed thus far. It outlines the challenges, particularly faced by ontologies in the fields of histopathological imaging and image analysis, and suggests a strategy for addressing these challenges in the example domain of quantitative histopathology imaging. The ultimate goal is to support the multiscale understanding of disease that comes from using interoperable ontologies to integrate imaging data with clinical and genomics data. (shrink)

The cultivation of receptivity to the mystery of reality is a central feature of many religious and philosophical traditions, both Western and Asian. This paper considers two contemporary accounts of receptivity to mystery – those of David E. Cooper and John Cottingham – and considers them in light of the problem of loss of receptivity. I argue that a person may lose their receptivity to mystery by embracing what I call a scientistic stance, and the paper concludes by offering two (...) possible responses to combating that stance and restoring the receptivity to mystery that it occludes. (shrink)

In this chapter we consider three philosophical perspectives (including those of Stalnaker and Lewis) on the question of whether and how the principle of conditional excluded middle should figure in the logic and semantics of counterfactuals. We articulate and defend a third view that is patterned after belief revision theories offered in other areas of logic and philosophy. Unlike Lewis’ view, the belief revision perspective does not reject conditional excluded middle, and unlike Stalnaker’s, it does not embrace supervaluationism. We adduce (...) both theoretical and empirical considerations to argue that the belief revision perspective should be preferred to its alternatives. The empirical considerations are drawn from the results of four empirical studies (which we report below) of non-experts’ judgments about counterfactuals and conditional excluded middle. (shrink)

Although Cottingham and Holland make a persuasive case for the claim that it is difficult to situate a meaningful life within a Darwinian naturalistic cosmology, this paper argues that their case should be modified in response to the apparent fact that certain persons seem genuinely not to experience the ‘bleakness’ that they describe. Although certain of these cases will reflect an incomplete appreciation of the existential implications of Darwinian naturalism, at least some of those cases may be genuine. The resulting (...) possibility that certain persons can embrace Darwinian naturalism and live meaningful lives in apparent immunity to the ‘bleakness charge’ therefore poses new puzzles for Cottingham and Holland, and for wider questions about the meaningfulness of human life. I consider that possibility in light of the work of David E. Cooper and Paul Feyerabend and offer a set of three suggestions for further developing these debates. (shrink)

This paper presents two challenges faced by many initiatives that try to diversify undergraduate philosophy curricula, both intellectually and demographically. Trade-offs involve making difficult decisions to prioritise some values over others (like gender diversity over cultural diversity). Backfires involve unintended consequences contrary to the aims and values of diversity initiatives, including ones that compromise more general philosophical values. I discuss two specific backfire risks, involving the critical and political dimensions of teaching philosophy. Some general practical advice is offered along the (...) way. (shrink)

We describe an evaluation undertaken on contract for the New Zealand State Services Commission of a major project (the Administrative Decision-Making Skills Project) designed to produce a model of administrative decision making and an associated teaching/learning packagefor use by government officers. It describes the evaluation of a philosophical model of decision making and the associated teaching/learning package in the setting of the New Zealand Public Service, where a deliberate attempt has been initiated to improve the quality of decision making, especially (...) in relation to moral factors. (shrink)

This paper proposes that spiritual persons are an excellent focus for the study of 'living religion' and offers a methodology for doing so. By ‘spiritual persons’, I have in mind both exemplary figures – like Jesus or the Buddha – and the multitude of ‘ordinary’ spiritual persons whose lives are led in aspiration to the spiritual goods the exemplars manifest (enlightenment, say, or holiness). I start with Linda Zagzebski's recent argument that moral persuasion primarily occurs through encounters with exemplars of (...) moral qualities, of a sort that invite admiration and emulation. A plurality of modes of spiritual exemplarity is distinguished, each reflecting a distinct form of spiritual aspiration, which will show in the lives of the members of different traditions. I develop this claim by focusing on the ways that spiritual aspirants can encounter exemplars through their depictions in spiritual narrative. It emerges that narrative encounters can activate certain forms of admiration and enable certain forms of emulation if they depict the suffering of exemplars. (shrink)

The goal of achieving Universal Health Coverage (UHC) can generally be realized only in stages. Moreover, resource, capacity and political constraints mean governments often face difficult trade-offs on the path to UHC. In a 2014 report, Making fair choices on the path to UHC, the WHO Consultative Group on Equity and Universal Health Coverage articulated principles for making such trade-offs in an equitable manner. We present three case studies which illustrate how these principles can guide practical decision-making. These case studies (...) show how progressive realization of the right to health can be effectively guided by priority-setting principles, including generating the greatest total health gain, priority for the worse off, and financial risk protection. They also demonstrate the value of a fair and accountable process of priority setting. (shrink)

In “The Evolutionary Debunking of Quasi-Realism,” Neil Sinclair and James Chamberlain present a novel answer that quasi-realists can pro-vide to a version of the reliability challenge in ethics—which asks for an explanation of why our moral beliefs are generally true—and in so doing, they examine whether evolutionary arguments can debunk quasi-realism. Although reliability challenges differ from EDAs in several respects, there may well be a connection between them. For the explanatory premise of an EDA may state that a particular (...) theory of beliefs of a certain kind does not, or cannot, provide a plausible account of why those beliefs might be generally true, and its epistemic premise may state that, if that is the case, then the beliefs in question have a negative epistemic status or the theory is false inasmuch as, if it were true, it would lead to those beliefs having such a negative epistemic status. The quasi-realist can answer the reli-ability challenge by claiming that, when we form our moral beliefs through a process of well-informed impartial reflection, we form them in response to the non-moral features of things on which depend the moral features they have. Hence, when we form beliefs by means of such a process, we are most likely forming true moral beliefs. (shrink)

Pranayamic breathing, defined as a manipulation of breath movement, has been shown to contribute to a physiologic response characterized by the presence of decreased oxygen consumption, decreased heart rate, and decreased blood pressure, as well as increased theta wave amplitude in EEG recordings, increased parasympathetic activity accompanied by the experience of alertness and reinvigoration. The mechanism of how pranayamic breathing interacts with the nervous system affecting metabolism and autonomic functions remains to be clearly understood. It is our hypothesis that voluntary (...) slow deep breathing functionally resets the autonomic nervous system through stretchinduced inhibitory signals and hyperpolarization currents propagated through both neural and non-neural tissue which synchronizes neural elements in the heart, lungs, limbic system and cortex. During inspiration, stretching of lung tissue produces inhibitory signals by action of slowly adapting stretch receptors (SARs) and hyperpolarization current by action of fibroblasts. Both inhibitory impulses and hyperpolarization current are known to synchronize neural elements leading to the modulation of the nervous system and decreased metabolic activity indicative of the parasympathetic state. In this paper we propose pranayama’s physiologic mechanism through a cellular and systems level perspective,involving both neural and non-neural elements. This theoretical description describes a common physiological mechanism underlying pranayama and elucidate the role of the respiratory and cardiovascular system on modulating the autonomic nervous system. Along with facilitating the design of clinical breathing techniques for the treatment of autonomic nervous system and other disorders, this model will also validate pranayama as a topic requiring more research. (shrink)

The emergence in Britain of chemical engineering, by mid‐century the fourth largest engineering specialism, was a hesitant and drawn out process. This article analyses the organisational politics behind the recognition of the technical occupation and profession from the First World War through to the end of the 1920s. The collective sense of professional identity among nascent ‘chemical engineers’ developed rapidly during this time owing to associations which promoted their cause among potential patrons. -/- .

This paper, "The Ecological Pathology of Man," is an expanded excerpt from the author's book, "The Pathology of Man: A Study of Human Evil." ¶¶¶¶¶¶¶¶ When taken as a serious and dispassionate object of study from the standpoint of the science of pathology, the human species is easily recognized as a global pathogen. Incontrovertible evidence on all sides tells us this, and yet we have steadfastly avoided an honest look in the mirror. We so often choose—willfully and with strong convictions (...) sustained by homocentric prejudice—to hide the facts from ourselves, and to proceed with untroubled ignorance to overlook the worldwide human and natural devastation for which our species is responsible. (shrink)

A combined psychological-epistemological study of the human blocks that stand in the way of the recognition of non-human animal sentience and legal rights. This is a Portuguese translation of the author's paper, "Roots of Human Resistance to Animal Rights: Psychological and Conceptual Blcoks," originally published in the Lewis and Clark law review, Animal Righs, in 2002. The Portuguese version was presented in conjunction with the International Congress on Animal Rights, Salvador, Brazil, Oct. 8-11, 2008, and published in the Revista Brasileira (...) de Direito Animal. (shrink)

A modified visual search task demonstrates that humans are very good at resuming a search after it has been momentarily interrupted. This is shown by exceptionally rapid response time to a display that reappears after a brief interruption, even when an entirely different visual display is seen during the interruption and two different visual searches are performed simultaneously. This rapid resumption depends on the stability of the visual scene and is not due to display or response anticipations. These results are (...) consistent with the existence of an iterative hypothesis-testing mechanism that compares information stored in short-term memory (the perceptual hypothesis) with information about the display (the sensory pattern). In this view, rapid resumption occurs because a hypothesis based on a previous glance of the scene can be tested very rapidly in a subsequent glance, given that the initial hypothesis-generation step has already been performed. (shrink)

This chapter offers a proceduralist argument against capital punishment. More specifically, it contends that the possibility of irrevocable mistakes precludes the just administration of the death penalty. At stake is a principle of political morality: legal institutions must strive to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The incompatibility of remedy and execution is the crux of the irrevocability argument: because the wrongly executed cannot enjoy the morally required compensation, execution is impermissible. Along with defending (...) his key premises, Yost explains the complicated role that sentencing uncertainty plays in the argument. He concludes by noting some of the flaws in substantive consequentialist and retributivist justifications of capital punishment. (shrink)

This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I argue that (...) motives of honor, as Kant conceives it, require a rational person to will her own execution, were she to commit murder. (shrink)

One of the many arguments against capital punishment is that execution is irrevocable. At its most simple, the argument has three premises. First, legal institutions should abolish penalties that do not admit correction of error, unless there are no alternative penalties. Second, irrevocable penalties are those that do not admit of correction. Third, execution is irrevocable. It follows that capital punishment should be abolished. This paper argues for the third premise. One might think that the truth of this premise is (...) self-evident. But in his paper “Is the Death Penalty Irrevocable?” Mike Davis argues that it is false: the death penalty is not irrevocable. While Davis’ argument is itself somewhat compelling, it receives additional support from work in the metaphysics of death, specifically the literature on posthumous harm. Strengthened in this way, the argument deserves careful consideration. I begin with a quick sketch of Davis’ argument, then show how the Pitcher-Feinberg theory of posthumous harm enables a more robust argument against the irrevocability of capital punishment, defending their theory of harm against standard objections in the literature. Having established the coherency of the robust argument, I conclude that it nevertheless fails to make the case against irrevocability. This is because it ignores the full set of practical requirements incumbent on legal institutions that wrongly punish someone. (shrink)

This paper advocates for a general policy of penal leniency: judges should often sentence offenders to a punishment less severe than initially preferred. The argument’s keystone is the relatively uncontroversial Minimal Invasion Principle (MIP). MIP says that when more than one course of action satisfies a state’s legitimate aim, only the least invasive is permissibly pursued. I contend that MIP applies in two common sentencing situations. In the first, all sentences within a statutorily specified range are equally proportionate. Here MIP (...) applies directly. In the second, judges reasonably believe that one of the sentences within the range is the most proportionate, but can’t identify it with any certainty. In these cases of sentencing uncertainty, judges must be indifferent between their preferred sentence and a softer one, and this indifference triggers MIP. MIP thus frequently mandates some degree of leniency. I conclude with some comments on statistical uncertainty. (shrink)

Kant famously insists that free will is a condition of morality. The difficulty of providing a demonstration of freedom has left him vulnerable to devastating criticism: critics charge that Kant's post-Groundwork justification of morality amounts to a dogmatic assertion of morality's authority. My paper rebuts this objection, showing that Kant offers a cogent demonstration of freedom. My central claim is that the demonstration must be understood in practical rather than theoretical terms. A practical demonstration of x works by bringing x (...) into existence, and what the demonstration of freedom brings into existence is a moral will, a will regulated by the moral law and capable of acting in accordance with it. Since to act morally is to act freely, bringing a moral will into existence actualizes our capacity for freedom and demonstrates that we possess it. To confirm the viability of such a demonstration, Kant must establish that agents can regulate their wills by practical principles, and that practical judgments are efficacious of themselves (i.e., that non-Humean motivational internalism is true). Kant, I argue, is successful on both counts. (shrink)

Most readers believe that it is difficult, verging on the impossible, to extract concrete prescriptions from the ethics of Emmanuel Levinas. Although this view is largely correct, Levinas’ philosophy can, with some assistance, generate specific duties on the part of legal actors. In this paper, I argue that the fundamental premises of Levinas’ theory of justice can be used to construct a prohibition against capital punishment. After analyzing Levinas’ concepts of justice, responsibility, and interruption, I turn toward his scattered remarks (...) on legal institutions, arguing that they enable a sense of interruption specific to the legal domain. It is here that we find the conceptual resources most important to my Levinasian abolition. I argue that the interruption of legal justice by responsibility implies what I call the principle of revisability. The principle of revisability states a necessary condition of just legal institutions: To be just, legal institutions must ensure the possibility of revising any and all of their rules, principles, and judgments. From this, the argument against capital punishment easily follows. Execution is a legal act, perhaps the only legal act, that cannot be undone. An application of the principle of revisability to this fact leads to the conclusion that legal institutions cannot justly impose capital punishment. After defending these points at length, I conclude with some observations on the consequences of the principle of revisability for law more generally. (shrink)