The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of (...) the constitution is its original meaning. That is to say: the meaning is what it is, not what it should be. Accordingly, there is no sense in which the communicated content of the constitution is determined by reference to moral desiderata; linguistic desiderata do all the work. In this article, I beg to differ. In advancing their arguments for linguistic originalism, both authors rely upon the notion of successful communications conditions. In doing so they implicitly open up the door for moral desiderata to play a role in determining the original communicated content. This undercuts their claim and changes considerably the dialectical role of linguistic originalism in the debate over constitutional interpretation. (shrink)

Lawrence Kohlberg's Approach to Moral Education presents what the late Lawrence Kohlberg regarded as the definitive statement of his educational theory. Addressing the sociology and social psychology of schooling, the authors propose that school culture become the center of moral education and research. They discuss how schools can develop as just and cohesive communities by involving students in democracy, and they focus on the moral decisions teachers and students face as they democratically resolve problems. As the authors put (...) it: "...we propose an educational renewal of our democratic society.... We have attempted to establish schools that do more than just teach about democratic citizenship, that are themselves democratic societies.". (shrink)

Examines the theories of Socrates, Kant, Dewey, Piaget, and others to explore the implications of Socrates' question "what is a virtuous man, and what is a virtuous school and society which educates virtuous men.".

Should we make significant sacrifices to ever-so-slightly lower the chance of extremely bad outcomes, or to ever-so-slightly raise the chance of extremely good outcomes? *Fanaticism* says yes: for every bad outcome, there is a tiny chance of extreme disaster that is even worse, and for every good outcome, there is a tiny chance of an enormous good that is even better. I consider two related recent arguments for Fanaticism: Beckstead and Thomas's argument from *strange dependence on space and time*, and (...) Wilkinson's *Indology* argument. While both arguments are instructive, neither is persuasive. In fact, the general principles that underwrite the arguments (a *separability* principle in the first case, and a *reflection* principle in the second) are *inconsistent* with Fanaticism. In both cases, though, it is possible to rehabilitate arguments for Fanaticism based on restricted versions of those principles. The situation is unstable: plausible general principles tell *against* Fanaticism, but restrictions of those same principles (with strengthened auxiliary assumptions) *support* Fanaticism. All of the consistent views that emerge are very strange. (shrink)

The scientific consensus regarding anthropogenic climate change is firmly established yet climate change denialism, a species of what I call pseudoskepticism, is on the rise in industrial nations most responsible for climate change. Such denialism suggests the need for a robust ethics of inquiry and public discourse. In this paper I argue: (1) that ethical obligations of inquiry extend to every voting citizen insofar as citizens are bound together as a political body. (2) It is morally condemnable for public officials (...) to put forward assertions contrary to scientific consensus when such consensus is decisive for public policy and legislation. (3) It is imperative upon educators, journalists, politicians and all those with greater access to the public forum to condemn, factually and ethically, pseudoskeptical assertions made in the public realm without equivocation. (shrink)

Eliminativists sometimes invoke evolutionary debunking arguments against ordinary object beliefs, either to help them establish object skepticism or to soften the appeal of commonsense ontology. I argue that object debunkers face a self-defeat problem: their conclusion undermines the scientific support for one of their premises, because evolutionary biology depends on our object beliefs. Using work on reductionism and multiple realizability from the philosophy of science, I argue that it will not suffice for an eliminativist debunker to simply appeal to some (...) object-free surrogate theory of evolution that results from converting any scientific proposition about some object K into a proposition about simples arranged K-wise. In the process, I examine some hazards peculiar to eliminative reductions of scientific theories, and propose a trilemma for eliminativists who attempt to recoup generality for ontologically sparse reducing theories by appealing to pluralities of simples arranged K-wise. The paper is intended to define and develop the object debunker’s self-defeat problem for further study, and to clarify some of the ways sparse and abundant ontologies interact with scientific theory. (shrink)

People with the kind of preferences that give rise to the St. Petersburg paradox are problematic---but not because there is anything wrong with infinite utilities. Rather, such people cannot assign the St. Petersburg gamble any value that any kind of outcome could possibly have. Their preferences also violate an infinitary generalization of Savage's Sure Thing Principle, which we call the *Countable Sure Thing Principle*, as well as an infinitary generalization of von Neumann and Morgenstern's Independence axiom, which we call *Countable (...) Independence*. In violating these principles, they display foibles like those of people who deviate from standard expected utility theory in more mundane cases: they choose dominated strategies, pay to avoid information, and reject expert advice. We precisely characterize the preference relations that satisfy Countable Independence in several equivalent ways: a structural constraint on preferences, a representation theorem, and the principle we began with, that every prospect has a value that some outcome could have. (shrink)

How should a group with different opinions (but the same values) make decisions? In a Bayesian setting, the natural question is how to aggregate credences: how to use a single credence function to naturally represent a collection of different credence functions. An extension of the standard Dutch-book arguments that apply to individual decision-makers recommends that group credences should be updated by conditionalization. This imposes a constraint on what aggregation rules can be like. Taking conditionalization as a basic constraint, we gather (...) lessons from the established work on credence aggregation, and extend this work with two new impossibility results. We then explore contrasting features of two kinds of rules that satisfy the constraints we articulate: one kind uses fixed prior credences, and the other uses geometric averaging, as opposed to arithmetic averaging. We also prove a new characterisation result for geometric averaging. Finally we consider applications to neighboring philosophical issues, including the epistemology of disagreement. (shrink)

Since the publication of Andrews Reath's “Two Conceptions of the Highest Good in Kant” (Journal of the History of Philosophy 26:4 (1988)), most scholars have come to accept the view that Kant migrated away from an earlier “theological” version to one that is more “secular.” The purpose of this paper is to explore the roots of this interpretative trend, re-assess its merits, and then examine how the Highest Good is portrayed in Kant’s Religion within the Boundaries of Mere Reason. As (...) will be argued, it is in this text more so than any other where Kant develops his most philosophically sophisticated account of the Highest Good. Because of the central significance of Kant’s doctrine of the Highest Good for both his ethical theory and philosophy of religion, this paper therefore seeks to provide an important corrective to the current received views. (shrink)

Decision theorists widely accept a stochastic dominance principle: roughly, if a risky prospect A is at least as probable as another prospect B to result in something at least as good, then A is at least as good as B. Recently, philosophers have applied this principle even in contexts where the values of possible outcomes do not have the structure of the real numbers: this includes cases of incommensurable values and cases of infinite values. But in these contexts the usual (...) formulation of stochastic dominance is wrong. We show this with several counterexamples. Still, the motivating idea behind stochastic dominance is a good one: it is supposed to provide a way of applying dominance reasoning in the stochastic context of probability distributions. We give two new formulations of stochastic dominance that are more faithful to this guiding idea, and prove that they are equivalent. (shrink)

The Epistemic Objection says that certain theories of time imply that it is impossible to know which time is absolutely present. Standard presentations of the Epistemic Objection are elliptical—and some of the most natural premises one might fill in to complete the argument end up leading to radical skepticism. But there is a way of filling in the details which avoids this problem, using epistemic safety. The new version has two interesting upshots. First, while Ross Cameron alleges that the Epistemic (...) Objection applies to presentism as much as to theories like the growing block, the safety version does not overgeneralize this way. Second, the Epistemic Objection does generalize in a different, overlooked way. The safety objection is a serious problem for a widely held combination of views: “propositional temporalism” together with “metaphysical eternalism”. (shrink)

Famous results by David Lewis show that plausible-sounding constraints on the probabilities of conditionals or evaluative claims lead to unacceptable results, by standard probabilistic reasoning. Existing presentations of these results rely on stronger assumptions than they really need. When we strip these arguments down to a minimal core, we can see both how certain replies miss the mark, and also how to devise parallel arguments for other domains, including epistemic “might,” probability claims, claims about comparative value, and so on. A (...) popular reply to Lewis's results is to claim that conditional claims, or claims about subjective value, lack truth conditions. For this strategy to have a chance of success, it needs to give up basic structural principles about how epistemic states can be updated—in a way that is strikingly parallel to the commitments of the project of dynamic semantics. (shrink)

I examine three ‘anti-object’ metaphysical views: nihilism, generalism, and anti-quantificationalism. After setting aside nihilism, I argue that generalists should be anti-quantificationalists. Along the way, I attempt to articulate what a ‘metaphysically perspicuous’ language might even be.

That believing truly as a matter of luck does not generally constitute knowing has become epistemic commonplace. Accounts of knowledge incorporating this anti-luck idea frequently rely on one or another of a safety or sensitivity condition. Sensitivity-based accounts of knowledge have a well-known problem with necessary truths, to wit, that any believed necessary truth trivially counts as knowledge on such accounts. In this paper, we argue that safety-based accounts similarly trivialize knowledge of necessary truths and that two ways of responding (...) to this problem for safety, issuing from work by Williamson and Pritchard, are of dubious success. (shrink)

David Lewis holds that a single possible world can provide more than one way things could be. But what are possible worlds good for if they come apart from ways things could be? We can make sense of this if we go in for a metaphysical understanding of what the world is. The world does not include everything that is the case—only the genuine facts. Understood this way, Lewis's “cheap haecceitism” amounts to a kind of metaphysical anti-haecceitism: it says there (...) aren't any genuine facts about individuals over and above their qualitative roles. (shrink)

“There are no gaps in logical space,” David Lewis writes, giving voice to sentiment shared by many philosophers. But different natural ways of trying to make this sentiment precise turn out to conflict with one another. One is a *pattern* idea: “Any pattern of instantiation is metaphysically possible.” Another is a *cut and paste* idea: “For any objects in any worlds, there exists a world that contains any number of duplicates of all of those objects.” We use resources from model (...) theory to show the inconsistency of certain packages of combinatorial principles and the consistency of others. (shrink)

We prove a representation theorem for preference relations over countably infinite lotteries that satisfy a generalized form of the Independence axiom, without assuming Continuity. The representing space consists of lexicographically ordered transfinite sequences of bounded real numbers. This result is generalized to preference orders on abstract superconvex spaces.

In the Fifth Meditation, Descartes makes a remarkable claim about the ontological status of geometrical figures. He asserts that an object such as a triangle has a 'true and immutable nature' that does not depend on the mind, yet has being even if there are no triangles existing in the world. This statement has led many commentators to assume that Descartes is a Platonist regarding essences and in the philosophy of mathematics. One problem with this seemingly natural reading is that (...) it contradicts the conceptualist account of universals that one finds in the Principles of Philosophy and elsewhere. In this paper, I offer a novel interpretation of the notion of a true and immutable nature which reconciles the Fifth Meditation with the conceptualism of Descartes' other work. Specifically, I argue that Descartes takes natures to be innate ideas considered in terms of their so-called 'objective being'. (shrink)

Carl Gillett has defended what he calls the “dimensioned” view of the realization relation, which he contrasts with the traditional “flat” view of realization (2003, 2007; see also Gillett 2002). Intuitively, the dimensioned approach characterizes realization in terms of composition whereas the flat approach views realization in terms of occupiers of functional roles. Elsewhere we have argued that the general view of realization and multiple realization that Gillett advances is not able to discharge the theoretical duties of those relations (Shapiro (...) 2004, unpublished manuscript; Polger 2004, 2007, forthcoming). Here we focus on an internal objection to Gillett’s account and then raise some broader reasons to reject it. (shrink)

Could space consist entirely of extended regions, without any regions shaped like points, lines, or surfaces? Peter Forrest and Frank Arntzenius have independently raised a paradox of size for space like this, drawing on a construction of Cantor’s. I present a new version of this argument and explore possible lines of response.

Recently in this journal, Jessica Morley and colleagues (AI & SOC 2023 38:411–423) review AI ethics and education, suggesting that a cultural shift is necessary in order to prepare students for their responsibilities in developing technology infrastructure that should shape ways of life for many generations. Current AI ethics guidelines are abstract and difficult to implement as practical moral concerns proliferate. They call for improvements in ethics course design, focusing on real-world cases and perspective-taking tools to immerse students in challenging (...) situations with relatable personal, social and environmental implications. The present paper considers the ACTWith model of moral cognition for use in such training contexts. Morley and colleagues' paper and contemporary literature are reviewed. Whistleblowing as a source for relatable case studies is discussed, and the purpose of ethics education considered. The ACTWith model is introduced, and correlations with contemporaries noted. The ACTWith model has been successfully employed in a broad range of technology ethics courses in the Netherlands and South Korea. Illustrations are offered. Correlations with contemporary efforts are drawn in the context of software engineering. Summary discussion considers strengths and limitations of the ACTWith program. Overall, the paper emphasizes training high-level moral reasoning through guided inquiry education informing lifetime professional practice, and indicates an outstanding need for teachers able to do the job. (shrink)

The article reflects on where AI is headed and the world along with it, considering trust, ethics and safety. Implicit in artificial thinking and doomsday appraisals is the engineered divorce from reality of sublime human embodiment. Jeffrey White, Dietrich Brandt, Jan Soeffner, and Larry Stapleton, four scholars associated with AI & Society, address these issues, and more, in the following exchange.

Suppose that all non-qualitative facts are grounded in qualitative facts. I argue that this view naturally comes with a picture in which trans-world identity is indeterminate. But this in turn leads to either pervasive indeterminacy in the non-qualitative, or else contingency in what facts about modality and possible worlds are determinate.

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 43.1 (2005) 55-81 [Access article in PDF] Self-Knowledge in Descartes and Malebranche Lawrence Nolan John Whipple 1. Introduction Descartes's notorious claim that mind is better known than body has been the target of repeated criticisms, but none appears more challenging than that of his intellectual heir Nicolas Malebranche.1 Whereas other critics—especially twentieth-century philosophers eager to use Descartes as their whipping boy—have often (...) been uncharitable, Malebranche accepts many of the fundamental Cartesian doctrines, including mind-body dualism. But he argues that Descartes's position on knowledge of the mind is internally inconsistent. Malebranche agrees with Descartes that the existence of the mind is better known than that of body, but he vehemently denies that the nature of the mind is better known. This denial is based on his view that we lack a clear idea of the mind.2 [End Page 55]Malebranche's polemic has attracted much attention in recent scholarship.3 The growing consensus among commentators is that Malebranche develops a devastating internal critique of Descartes's theory of the mind. For example, Nicholas Jolley writes: "In his case for his negative thesis [concerning knowledge of the mind] Malebranche mounted a powerful, even annihilating, critique of Descartes. This critique embodies the remarkable insight that there is a serious muddle at the heart of Descartes's whole theory of knowledge."4 In a book-length defense of Malebranche's critique, Tad Schmaltz also emphasizes its internal character: "the interpretation here of Malebranche's theory presents it as fundamentally Cartesian, and thereby serves to reinforce his own view that he has provided an authoritative interpretation of the account of mind in the writings of Descartes and other Cartesians."5 Schmaltz also asserts: "Malebranche took his negative thesis concerning our knowledge of the soul to involve not so much a rejection of Cartesianism as an internal correction of it."6We think such remarks misstate the case. Indeed, we argue in this paper that Malebranche's polemic fails as an internal critique of Descartes's theory of the mind. Although we do not here aspire to defend Descartes's strong thesis—that mind is better known than body—we do think he can consistently maintain that we have a clear and distinct idea of the mind, and thus that our knowledge of the mind's nature is at least on a par with our knowledge of corporeal nature.7 While Malebranche's rhetoric would encourage us to think that the debate between him and his predecessor is being fought on common or neutral ground, the fact is that Malebranche often appeals to assumptions and aspects of his own theory of "Vision in God" that Descartes would reject. Once more, he interprets Descartes's theory of knowledge in ways that are misguided and sometimes even uncharitable. If Malebranche's critique succeeds at all, it succeeds only against a straw man—Malebranche's Descartes and not the historical figure.Ours is not the first effort to defend Descartes against this particular attack. When Malebranche first published his critique in Book Three of his first great work, The Search After Truth (1674),8 Descartes had been dead for over two decades, [End Page 56] but he was ably defended by the famous Cartesian Antoine Arnauld in On True and False Ideas (1683). In the ensuing debate Arnauld was clearly the superior dialectician, but while winning several tactical points, he appears not to fully appreciate the crux of Malebranche's argument, or at least that is the view of Jolley and Schmaltz.9 We have a somewhat higher opinion of Arnauld's side of the debate. Granted, some of his defenses are facile and can be easily dismissed; others however are quite compelling when properly developed. In at least one instance, we attempt to provide that development. At the same time we think it is a mistake to treat Arnauld as Descartes's surrogate or as if he had issued the final salvo from the camp of the orthodox Cartesians. Arnauld was a... (shrink)

The counterpart theorist has a problem: there is no obvious way to understand talk about actuality in terms of counterparts. Fara and Williamson have charged that this obstacle cannot be overcome. Here I defend the counterpart theorist by offering systematic interpretations of a quantified modal language that includes an actuality operator. Centrally, I disentangle the counterpart relation from a related notion, a ‘representation relation’. The relation of possible things to the actual things they represent is variable, and an adequate account (...) of modal language must keep track of the way it is systematically shifted by modal operators. I apply my account to resolve several puzzles about counterparts and actuality. In technical appendices, I prove some important logical results about this ‘representational’ counterpart system and its relationship to other modal systems. (shrink)

The existence of mereological sums can be derived from an abstraction principle in a way analogous to numbers. I draw lessons for the thesis that “composition is innocent” from neo-Fregeanism in the philosophy of mathematics.

Prior work proposes a view of development of purpose and source of meaning in life as a more or less temporally distal project ideal self-situation in terms of which intermediate situations are experienced and prospects evaluated. This work considers Augustine on ensoulment alongside current work into self as adapted routines to common social regularities of the sort that Augustine found deficient. How can we account for such diversity of self-reported value orientation in terms of common structural dynamics differently developed, embodied (...) and enacted over the life course? This work in progress represents divergent views as different sorts of error theory, and hypothesizes that differential development of spindle neural projections underlies different accounts of error for attentive self-correction through iterative attenuation. Some implications for AI augmentation and value alignment of autonomous agents developed on such a model are briefly entertained. (shrink)

I argue that physicians can save women from life-threatening pregnancies by performing a craniotomy, placentectomy, or salpingotomy without intending death or harm. To support this conclusion, I defend the relevance thesis about intentions (a person intends X only if X explains the action). I then criticize the identity thesis (if a person intends X and knows X is Y then the person intends Y) and three mistakenly strict moral principles: (1) one may not intend something that is a serious harm (...) for an innocent person, (2) one may not intend to terminate pregnancy before viability, which would prohibit, and (3) one may not act on a person’s body in a harmful way in order to benefit another person. (1) would prohibit procuring organs from living donors, (2) would prohibit treating hepatic pregnancies and other ectopic pregnancies, and (3) would prohibit procuring organs from living donors and performing many prenatal surgeries. (shrink)

The dispute about the role of class in understanding the life situations of people of color has tended to be overpolarized, between a class reductionism and an “it's only race” position. Class processes shape racial groups’ life situations. Race and class are also distinct axes of injustice; but class injustice informs racial injustice. Some aspects of racial injustice can be expressed only in concepts associated with class (e.g., material deprivation, inferior education). But other aspects of racial injustice or other harms, (...) such as racial discrimination or stigma, are not reducible to class concepts and cannot be fully addressed through class-focused policies. Overall, any attempt to fully secure racial justice for a racial group will require a combination of race-focused and class-focused policies. Anti-racist outlooks often neglect or downplay either the normative or the explanatory significance of class, or both—for example, by overlooking or downplaying the dignitary harms of class and the material harms of race; missing the historical dimension of class injustice; masking class by a narrowing of the complex normative structure of racial disparities; or not recognizing that a class-focused initiative (like raising the minimum wage) can address substantial racial justice concerns, even though not all of them. “Systemic racism” terminology recognizes class explanatorily but suppresses it normatively. Charles Mills's influential notion of “white supremacy,” while a powerful tool for conceptualizing and illuminating racial injustice, can also contribute to minimizing or masking the justice-related impact of class, as do some of Mills's specific discussions of class in various writings. (shrink)

Recent research into the nature of self in artificial and biological systems raises interest in a uniquely determining immutable sense of self, a “metaphysical ‘I’” associated with inviolable personal values and moral convictions that remain constant in the face of environmental change, distinguished from an object “me” that changes with its environment. Complementary research portrays processes associated with self as multimodal routines selectively enacted on the basis of contextual cues informing predictive self or world models, with the notion of the (...) constant, per-vasive and invariant sense of self associated with a multistable attractor set aiming to ensure personal integrity against threat of disintegrative change. This paper proposes that an immutable sense of self emerges as a global attractor which can be described as a project ideal self-situation embodied in frontal medial processes during more or less normal adolescent development, and that thereafter serves to orient agency in the more or less free development of embodied potentials over the life course in effort to realize project conditions, phenomenally identified with the felt pull towards this end as purpose of and source of meaning in life. So oriented, life-long self-development aims to embody solutions to problems at different timescales depending on this embodied purpose, ultimately in the service of evolutionary processes securing organism populations against threats of disintegrative change over timespans far beyond that of the individual. After characterizing the target sense of self, research circling this target is briefly surveyed. Self as global project and developmental neural correlates are proposed. Then, the paper discusses some implications for research in biological and artificial systems. Building from earlier work in cognitive neurorobotics, discussion affirms the value of reinforcement rituals including prayer in metaphysical self-development, considers implications for value alignment and rights associated with free will in the context of artificial intelligence and robot religion, and concludes by emphasizing the importance of self-development toward project ideals as source of meaning in life in the current social-political environment. (shrink)

Some contextually sensitive expressions are such that their context independent conventional meanings need to be in some way supplemented in context for the expressions to secure semantic values in those contexts. As we’ll see, it is not clear that there is a paradigm here, but ‘he’ used demonstratively is a clear example of such an expression. Call expressions of this sort supplementives in order to highlight the fact that their context independent meanings need to be supplemented in context for them (...) to have semantic values relative to the context. Many philosophers and linguists think that there is a lot of contextual sensitivity in natural language that goes well beyond the pure indexicals and supplementives like ‘he’. Constructions/expressions that are good candidates for being contextually sensitive include: quantifiers, gradable adjectives including “predicates of personal taste”, modals, conditionals, possessives and relational expressions taking implicit arguments. It would appear that in none of these cases does the expression/construction in question have a context independent meaning that when placed in context suffices to secure a semantic value for the expression/construction in the context. In each case, some sort of supplementation is required to do this. Hence, all these expressions are supplementives in my sense. For a given supplementive, the question arises as to what the mechanism is for supplementing its conventional meanings in context so as to secure a semantic value for it in context. That is, what form does the supplementation take? The question also arises as to whether different supplementives require different kinds of supplementation. Let us call an account of what, in addition to its conventional meaning, secures a semantic value for a supplementive in context a metasemantics for that supplementive. So we can put our two questions thus: what is the proper metasemantics for a given supplementive; and do all supplementives have the same metasemantics? In the present work, I sketch the metasemantics I formulated for demonstratives in earlier work. Next, I briefly consider a number of other supplementives that I think the metasemantics I propose plausibly applies to and explain why I think that. Finally, I consider the prospects for extending the account to all supplementives. In so doing, I take up arguments due to Michael Glanzberg to the effect that supplementives are governed by two different metasemantics and attempt to respond to them. (shrink)

“Pragmatic encroachers” about knowledge generally advocate two ideas: (1) you can rationally act on what you know; (2) knowledge is harder to achieve when more is at stake. Charity Anderson and John Hawthorne have recently argued that these two ideas may not fit together so well. I extend their argument by working out what “high stakes” would have to mean for the two ideas to line up, using decision theory.

This paper argues that it is morally irresponsible for modern medical providers or health care institutions to support and advocate the integration of CAM practices (i.e. homeopathy, acupuncture, energy healing, etc.) with conventional modern medicine. The results of such practices are not reliable beyond that of placebo. As a corollary, it is argued that prescribing placebos perceived to stand outside the norm of modern medicine is morally inappropriate. Even when such treatments do no direct physical harm, they create unnecessary barriers (...) to patients' informed understanding of their health. (shrink)

Some hold that the lesson of Russell’s paradox and its relatives is that mathematical reality does not form a ‘definite totality’ but rather is ‘indefinitely extensible’. There can always be more sets than there ever are. I argue that certain contact puzzles are analogous to Russell’s paradox this way: they similarly motivate a vision of physical reality as iteratively generated. In this picture, the divisions of the continuum into smaller parts are ‘potential’ rather than ‘actual’. Besides the intrinsic interest of (...) this metaphysical picture, it has important consequences for the debate over absolute generality. It is often thought that ‘indefinite extensibility’ arguments at best make trouble for mathematical platonists; but the contact arguments show that nominalists face the same kind of difficulty, if they recognize even the metaphysical possibility of the picture I sketch. (shrink)

Some philosophers respond to Leibniz’s “shift” argument against absolute space by appealing to antihaecceitism about possible worlds, using David Lewis’s counterpart theory. But separated from Lewis’s distinctive system, it is difficult to understand what this doctrine amounts to or how it bears on the Leibnizian argument. In fact, the best way of making sense of the relevant kind of antihaecceitism concedes the main point of the Leibnizian argument, pressing us to consider alternative spatiotemporal metaphysics.

I examine what the mathematical theory of random structures can teach us about the probability of Plenitude, a thesis closely related to David Lewis's modal realism. Given some natural assumptions, Plenitude is reasonably probable a priori, but in principle it can be (and plausibly it has been) empirically disconfirmed—not by any general qualitative evidence, but rather by our de re evidence.

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...) observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

This paper explores the idea that it is instrumentally valuable to learn normative truths. We consider an argument for "normative hedging" based on this principle, and examine the structure of decision-making under moral uncertainty that arises from it. But it also turns out that the value of normative information is inconsistent with the principle that learning *empirical* truths is instrumentally valuable. We conclude with a brief comment on "metanormative regress.".

Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and ratified: (...) subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)

Successful athletic performance requires precision in many respects. A batter stands behind home plate awaiting the arrival of a ball that is less than three inches in diameter and moving close to 100 mph. His goal is to hit it with a ba­­t that is also less than three inches in diameter. This impressive feat requires extraordinary temporal and spatial coordination. The sweet spot of the bat must be at the same place, at the same time, as the ball. A (...) basketball player must keep a ball bouncing as she speeds from one end of the court to another, evading defensive players. She may never break pace as she lifts from the ground, throwing the ball fifteen feet toward a hoop that is eighteen inches in diameter. One task facing a psychologist involves explaining how the body does such things within the sometimes very demanding spatial and temporal constraints that a given task imposes. Part of the goal of this chapter is to sketch the commitments of an embodied approach to such an explanation. We shall see that an embodied account of motor skills draws concepts that depart radically from more traditional cognitivist theories of motor activity. Similarly, because an embodied approach to cognition introduces new ways to understand the human capacity for social interaction, it also promises to shed new light on how athletes coordinate their actions with each other. (shrink)

Obsessive-compulsive disorder is a commonly occurring neuropsychiatric condition characterized by bothersome intrusive thoughts and urges that frequently lead to repetitive dysfunctional behaviours such as excessive handwashing. There are well-documented alterations in cerebral function which appear to be closely related to the manifestation of these symptoms. Controlled studies of cognitive-behavioural therapy techniques utilizing the active refocusing of attention away from the intrusive phenomena of OCD and onto adaptive alternative activities have demonstrated both significant improvements in clinical symptoms and systematic changes in (...) the pathological brain circuitry associated with them. Careful investigation of the relationships between the experiential and putative neurophysiological processes involved in these changes can offer useful insights into volitional aspects of cerebral function. (shrink)

This article seeks to re-conceptualize Rawlsian public reason as a critical tool against ideological propaganda. The article proposes that public reason, as a standard for public discourse, must be conceptualized beyond its mandate for comprehensive neutrality to additionally emphasize critique of ideologically driven ignorance and propaganda in the public realm. I connect uncritical hospitality to such ideological propaganda with Harry Frankfurt’s concept of bullshit. This paper proposes that philosophers have a unique moral obligation to engage bullshit critically in the public (...) sphere. The obligation for such critique, I argue, represents philosophy’s essential moral component in a society committed to the protection of free speech and deliberative democracy. (shrink)

Linguists often advert to what are sometimes called linguistic intuitions. These intuitions and the uses to which they are put give rise to a variety of philosophically interesting questions: What are linguistic intuitions – for example, what kind of attitude or mental state is involved? Why do they have evidential force and how might this force be underwritten by their causal etiology? What light might their causal etiology shed on questions of cognitive architecture – for example, as a case study (...) of how consciously inaccessible subpersonal processes give rise to conscious states, or as a candidate example of cognitive penetrability? What methodological issues arise concerning how linguistic intuitions are gathered and interpreted – for example, might some subjects' intuitions be more reliable than others? And what bearing might all this have on philosophers' own appeals to intuitions? This paper surveys and critically discusses leading answers to these questions. In particular, we defend a ‘mentalist’ conception of linguistics and the role of linguistic intuitions therein. (shrink)

Is it possible to recognize the limits of rationality, and thus to embrace moral pluralism, without embracing moral relativism? My answer is yes; nevertheless, certain anti-foundational positions, both recent and ancient, take a cynical stance toward the possibility of any critical moral judgment, and as such, must be regarded as relativistic.1 It is such cynicism, I argue, whether openly announced or unknowingly implied, that marks the distinction between relativism and pluralism.2 The danger of this cynicism is not so much that (...) it renders the categorical acceptance of a particular moral view unattainable, but that it renders categorical condemnation of any particular position (or action) impossible.3 Two .. (shrink)

Nick Bostrom’s recently patched ‘‘simulation argument’’ (Bostrom in Philos Q 53:243–255, 2003; Bos- trom and Kulczycki in Analysis 71:54–61, 2011) purports to demonstrate the probability that we ‘‘live’’ now in an ‘‘ancestor simulation’’—that is as a simulation of a period prior to that in which a civilization more advanced than our own—‘‘post-human’’—becomes able to simulate such a state of affairs as ours. As such simulations under consid- eration resemble ‘‘brains in vats’’ (BIVs) and may appear open to similar objections, the (...) paper begins by reviewing objections to BIV-type proposals, specifically those due a presumed mad envatter. In counter example, we explore the motivating rationale behind current work in the development of psychologically realistic social simula- tions. Further concerns about rendering human cognition in a computational medium are confronted through review of current dynamic systems models of cognitive agency. In these models, aspects of the human condition are repro- duced that may in other forms be considered incomputable, i.e., political voice, predictive planning, and consciousness. The paper then argues that simulations afford a unique potential to secure a post-human future, and may be nec- essary for a pre-post-human civilization like our own to achieve and to maintain a post-human situation. Long-s- tanding philosophical interest in tools of this nature for Aristotle’s ‘‘statesman’’ and more recently for E.O. Wilson in the 1990s is observed. Self-extinction-level threats from State and individual levels of organization are compared, and a likely dependence on large-scale psychologically realistic simulations to get past self-extinction-level threats is projected. In the end, Bostrom’s basic argument for the conviction that we exist now in a simulation is reaffirmed. (shrink)