In this paper we show that the coherence measures of Olsson (J Philos 94:246–272, 2002), Shogenji (Log Anal 59:338–345, 1999), and Fitelson (Log Anal 63:194–199, 2003) satisfy the two most important adequacy requirements for the purpose of assessing theories. Following Hempel (Synthese 12:439–469, 1960), Levi (Gambling with truth, New York, A. A. Knopf, 1967), and recently Huber (Synthese 161:89–118, 2008) we require, as minimal or necessary conditions, that adequate assessment functions favor true theories over false theories and true and (...) informative theories over true but uninformative theories. We then demonstrate that the coherence measures of Olsson, Shogenji, and Fitelson satisfy these minimal conditions if we confront the hypotheses with a separating sequence of observational statements. In the concluding remarks we set out the philosophical relevance, and limitations, of the formal results. Inter alia, we discuss the problematic implications of our precondition that competing hypotheses must be confronted with a separating sequence of observational statements, which also leads us to discuss theory assessment in the context of scientific antirealism. (shrink)

Moral realism is often taken to have common sense and initial appearances on its side. Indeed, by some lights, common sense and initial appearances underlie all the central positive arguments for moral realism. We offer a kind of debunking argument, taking aim at realism’s common sense standing. Our argument differs from familiar debunking moves both in its empirical assumptions and in how it targets the realist position. We argue that if natural selection explains the objective phenomenology of moral deliberation and (...) judgement, then this undermines arguments from that phenomenology. This results in a simpler, and in some ways more direct, challenge to realism. It is also less vulnerable to the main objections that have been leveled against such arguments. If accepted, our conclusion should make a real difference to the dialectic in this area. It means that neither realism nor its denial is the default, to-be-refuted, position. (shrink)

The external world sceptic tells some familiar narratives involving massive deception. Perhaps we are brains in vats. Perhaps we are the victim of a deceitful demon. You know the drill. The sceptic proceeds by observing first that victims of such deceptions know nothing about their external environment and that second, since we cannot rule out being a victim of such deceptions our- selves, our own external world beliefs fail to attain the status of knowledge. Discussions of global external world scepticism (...) tend to focus on the second step, where a number of well-known lines of resistance have been offered. But there has been little attention to the first, seemingly innocuous step. That will be the focus of this paper. Part one – sections 1, 2, and 3 – will explain why these standard narratives are not convincing examples of cases where there is no knowledge of the external world. In part two – section 4 – we shall undertake a useful case study. David Lewis’s ‘Elusive Knowledge’ is often thought of as presenting an epistemological vision that is somewhat friendly to external world scepticism: as Lewis himself presents things, there are contexts where external world knowledge ascriptions are uniformly false, and where true knowledge ascriptions are limited to either axiomatic truths or truths about our inner life. We examine his discussion in the light of the preceding reflections and show that the framework he presents is not so concessionary to global external world scepticism after all. (shrink)

Recently, various philosophers have argued that we can obtain knowledge via the imagination. In particular, it has been suggested that we can come to know concrete, empirical matters of everyday significance by appropriately imagining relevant scenarios. Arguments for this thesis come in two main varieties: black box reliability arguments and constraints-based arguments. We suggest that both strategies are unsuccessful. Against black-box arguments, we point to evidence from empirical psychology, question a central case-study, and raise concerns about a (claimed) evolutionary rationale (...) for the imagination's reliability. Against the constraints-based account, we argue that to the extent that it works, this does not give rise to knowledge that is distinctively from the imagination. We conclude by suggesting that the imagination's role in raising possibilities, traditionally seen as part of the context of discovery, can in fact play a role in justification, including as a bulwark against certain sorts of skepticism. (shrink)

Evolutionary debunking arguments appeal to selective etiologies of human morality in an attempt to undermine moral realism. But is morality actually the product of evolution by natural selection? Although debunking arguments have attracted considerable attention in recent years, little of it has been devoted to whether the underlying evolutionary assumptions are credible. In this paper, we take a closer look at the evolutionary hypotheses put forward by two leading debunkers, namely Sharon Street and Richard Joyce. We raise a battery of (...) considerations, both empirical and theoretical, that combine to cast doubt on the plausibility of both hypotheses. We also suggest that it is unlikely that there is in the vicinity a plausible alternative hypothesis suitable for the debunker’s cause. (shrink)

Harman and Lewis credit Kripke with having formulated a puzzle that seems to show that knowledge entails dogmatism. The puzzle is widely regarded as having been solved. In this paper we argue that this standard solution, in its various versions, addresses only a limited aspect of the puzzle and holds no promise of fully resolving it. Analyzing this failure and the proper rendering of the puzzle, it is suggested that it poses a significant challenge for the defense of epistemic closure.

How does valuing something for its own sake differ from valuing an entity for the sake of other things? Although numerous answers come to mind, many of them rule out substantive views about what is valuable for its own sake. I therefore seek to provide a more neutral way to distinguish the two valuing attitudes. Drawing from existing accounts of valuing, I argue that the two can be distinguished in terms of a conative-volitional feature. Focusing first on “non-final valuing”—i.e. valuing_ (...) x_ for the sake of something else—I argue that it involves adopting certain reasons on account of a desire for _x_ to contribute to other things. I then show how this contrasts final valuing. The result, I argue, is a plausible account of how the two modes of valuing differ that leaves open substantive views about what all can be valued for its own sake. This is helpful because it develops a popular methodology used to explore the value of a wide range of things, including natural entities, family heirlooms, and artworks, as well as, more broadly, entities that might have “extrinsic final value.”. (shrink)

I argue for three conclusions. First, responsibility skeptics are committed to the position that the criminal justice system should adopt a universal nonresponsibility excuse. Second, a universal nonresponsibility excuse would diminish some of our most deeply held values, further dehumanize criminals, exacerbate mass incarceration, and cause an even greater number of innocent people (nonwrongdoers) to be punished. Third, while Saul Smilansky's ‘illusionist’ response to responsibility skeptics – that even if responsibility skepticism is correct, society should maintain a responsibility‐realist/retributivist criminal justice (...) system – is generally compelling, it would not work if a majority of society were to convert, theoretically and psychologically, to responsibility skepticism. In this (highly improbable) scenario, and only in this (highly improbable) scenario, the criminal justice system would need to be reformed in such a way that it aligned with the majority's responsibility‐skeptical beliefs and attitudes. (shrink)

Many have the intuition that human persons are both extremely and equally valuable. This seeming extremity and equality of value is puzzling: if overall value is the sum of one's final value and instrumental value, how could it be that persons share the same extreme value? One way that we can solve the Value Puzzle is by following Andrew Bailey and Josh Rasmussen (2020) and accepting that persons have infinite final value. But there are some significant downsides to their way (...) of thinking about values, which relies on the extended real numbers. We offer a different approach: if we model values using the hyperreal numbers, we can capture many of our intuitions about the extremity and relative equality of human value without incurring the substantial theoretical costs of using the extended real numbers. We also examine other ways of modeling the infinite value of persons and evaluate the strengths and weaknesses of these other accounts compared to ours. (shrink)

The following is a transcript of the interview I (Yasuko Kitano) conducted with Neil Levy (The Centre for Applied Philosophy and Public Ethics, CAPPE) on the 23rd in July 2009, while he was in Tokyo to give a series of lectures on neuroethics at The University of Tokyo Center for Philosophy. I edited his words for publication with his approval.

There has been a resurgence of interest lately within philosophy of mind and action in the category of mental action. Against this background, the present paper aims to question the very possibility, or at least the theoretical significance, of teasing apart mental and bodily acts. After raising some doubts over the viability of various possible ways of drawing the mental act/bodily act distinction, the paper draws some lessons from debates over embodied cognition, which arguably further undermine the credibility of the (...) distinction. The insignificance of the distinction is demonstrated in part by showing how the focus on ‘inner’ acts hampers fruitful discussion of Galen Strawson’s skepticism of mental agency. Finally, the possibility is discussed that a distinction between covert and overt action should supplant the one between mental and bodily action. (shrink)

Mind wandering has been a target of a fast-expanding area of research in cognitive science and philosophy. One of the central puzzles that researchers have been grappling with is whether this mental process should be thought of as passive or active in nature. Intuitively, a wandering mind seems passive but mounting empirical evidence suggests otherwise. Irving (2021) defends a prominent account of mind wandering as unguided attention, which aims inter alia to resolve the puzzle. However, I present counterexamples that reveal (...) Irving’s account to be both too weak and too strong. I then develop the alternative proposal that (stated roughly) mind wandering consists in voluntarily passive attention. After unpacking and defending this idea, I show how it helps to eliminate the conflicting appearance of mind wandering as both passive and active. (shrink)

This paper explores some consequences of Lewis’s (Australas J Philos 74(4):549–567, 1996) understanding of how knowledge is compartmentalized. It argues, first, that he underestimates how badly it impacts his view. When knowledge is compartmentalized, it lacks at least one of two essential features of Lewis’s account: (a) Elusiveness—familiar skeptical possibilities, when relevant, are incompatible with everyday knowledge. (b) Knowledge is a modality—when a thinker knows that p, there is no relevant possibility where p is false. Lewis proposes compartmentalized knowledge to (...) keep treating knowledge as a modality while mitigating one of its unrealistic epistemological implications: In normal modal epistemic logic (and standard possible world semantics), a thinker always counts as knowing the strongest proposition that follows from the set of all the individual propositions that this thinker knows. Lewis’s compartmentalization proposal is that thinkers merely know the conjunctions of propositions that are known in each of, but not across, their compartments. The irony is that in avoiding overblown knowledge the view now allows for thinkers to attend to skeptical error possibilities and yet knowledge is present. The account avoids inflation of knowledge in one sense only to acquire another type of knowledge the view denies subjects can have. This problem motivates an inspection of knowledge accounts whose intra-compartment closure principles are weaker than those that are valid in normal modal-logic. The conclusion is that some formulations of closure can avoid the challenge Lewis’s view faces. Nevertheless, even these closure principles pose a barrier—perhaps an implausible barrier—for knowledge of ignorance. Even when the reasoning supporting the lack of knowledge is sound, a subject cannot always know she doesn’t know. Interestingly, this obstacle is one that knowledge of knowledge doesn’t seem to face. (shrink)

Luiz Henrique Lopes dos Santos, em seu texto sobre "Leibniz e a questão dos futuros contingentes”, argumenta em favor de seu diagnóstico segundo o qual, no fundo, a principal diferença entre as doutrinas de Espinosa e Leibniz reside no fato de que o primeiro, diferentemente do segundo, não sabia lógica. Este texto procura objetar à sua posição, respondendo às críticas do autor à posição de Espinosa quanto à liberdade divina. Procurarei mostrar que, sob o aspecto preciso da articulação aí estabelecida (...) entre a distinção vontade/entendimento e a questão dos possíveis jamais realizados, ela não poderia estar disponível para a metafísica de Espinosa, não por ele ter ignorado um princípio básico da lógica modal, como alega o autor, mas porque ele compreende diferentemente o estatuto ontológico da unidade das coisas individuais e, portanto, dos agentes humanos. (shrink)

Libertarians like Robert Kane believe that indeterminism is necessaryfor free will. They think this in part because they hold both (1) thatmy being the ultimate cause of at least part of myself is necessary forfree will and (2) that indeterminism is necessary for this ``ultimateself-causation''. But seductive and intuitive as this ``USCLibertarianism'' may sound, it is untenable. In the end, nometaphysically coherent (not to mention empirically valid) conception ofultimate self-causation is available. So the basic intuition motivatingthe USC Libertarian is ultimately (...) impossible to fulfill. (shrink)

The paper proposes a novel solution to the problem of the time of a killing (ToK), which persistently besets theories of act-individuation. The solution proposed claims to expose a crucial wrong-headed assumption in the debate, according to which ToK is essentially a problem of locating some event that corresponds to the killing. The alternative proposal put forward here turns on recognizing a separate category of dynamic occurents, viz. processes. The paper does not aim to mount a comprehensive defense of process (...) ontology, relying instead on extant defenses. The primary aim is rather to put process ontology to work in diagnosing the current state of play over ToK, and indeed in solving it. (shrink)

In 1995, the publication of Marleen Rozemond’s paper, Descartes’s Case for Dualism, triggered the revival of the discussion on his argument in favor of the real distinction between body and soul among the Anglo-Saxon scholars. In particular, the discussion then resumed on the necessity of introducing a hidden premise (the so-called attribute premise) in order to regain its probatory character. This debate has reflected on the Cartesian studies in Brazil, and my objective in this text is to bring to the (...) debate two texts still unexplored in relation to this interpretative problem. My hypothesis is that the attempts to justify the thesis that the substance has exactly one principal attribute have not yet succeeded because they underestimated the contribution brought about by the transformation of the notion of nature entailed by the introduction of the concept of principal attribute. Understanding the Cartesian proof of substantial dualism, and more particularly the "attribute premise", would involve, I suggest, the thesis according to which the concept of principal attribute, insofar as it expresses the essence of the substance, is not, and cannot be, according to Descartes, an abstract universal, but rather one of a particular nature. (shrink)

There is disagreement among physicians and medical ethicists on the precise goals of Hospice and Palliative Medicine (HPM). Some think that HPM's goals should differ from those of other branches of medicine and aim primarily at lessening pain, discomfort, and confusion; while others think that HPM's practices should, like all other branches of medicine, aim at promoting health. I take the latter position: using the ars moriendi to set a standard for what it means to die well, I argue that (...) if HPM's practices were to aim at mitigating suffering with little regard to promoting health, some patients would die worse deaths than if HPM's practices were to aim at health. According to the ars moriendi, flourishing at the end of one's life requires that one exercise her agency and pursue the goods most important to her. On this view, HPM's practices should promote patients’ health to enable them to pursue these goods. (shrink)

The overwhelmingly predominant view in philosophy sees intending as a mental state, specifically a plan-like state. This paper rejects the predominant view in favor of a starkly opposed novel alternative. After criticizing both the predominant Bratman-esque view of intention, and an alternative view inspired by Michael Thompson, the paper proceeds to set out and defend the idea that acting with an intention to V should be understood disjunctively, as either one’s V-ing intentionally or one’s performing some kind of failed intentional (...) V-ing, where the two disjuncts share no common state of intention. Instructive structural parallels to perceptual disjunctivism are pointed out, and the view is shown, unlike its rivals, to successfully extend to capture both prospective and present intention, thereby unifying the three different guises of intention. (shrink)

Many have expected that understanding the evolution of norms should, in some way, bear on our first-order normative outlook: How norms evolve should shape which norms we accept. But recent philosophy has not done much to shore up this expectation. Most existing discussions of evolution and norms either jump headlong into the is/ought gap or else target meta-ethical issues, such as the objectivity of norms. My aim in this paper is to sketch a different way in which evolutionary considerations can (...) feed into normative thinking—focusing on stability. I will discuss two forms of argument that utilize information about social stability drawn from evolutionary models, and employs it to assess claims in political philosophy. One such argument treats stability as feature of social states that may be taken into account alongside other features. The other uses stability as a constraint on the realization of social ideals, via a version of the ought-implies-can maxim. These forms of argument are not new; indeed they have a history going back at least to early modern philosophy. But their marriage with evolutionary information is relatively recent, has a significantly novel character, and has received little attention in recent moral and political philosophy. (shrink)

The law views with suspicion statistical evidence, even evidence that is probabilistically on a par with direct, individual evidence that the law is in no way suspicious of. But it has proved remarkably hard to either justify this suspicion, or to debunk it. In this paper, we connect the discussion of statistical evidence to broader epistemological discussions of similar phenomena. We highlight Sensitivity – the requirement that a belief be counterfactually sensitive to the truth in a specific way – as (...) a way of epistemically explaining the legal suspicion towards statistical evidence. Still, we do not think of this as a satisfactory vindication of the reluctance to rely on statistical evidence. Knowledge – and Sensitivity, and indeed epistemology in general – are of little, if any, legal value. Instead, we tell an incentive-based story vindicating the suspicion towards statistical evidence. We conclude by showing that the epistemological story and the incentive-based story are closely and interestingly related, and by offering initial thoughts about the role of statistical evidence in morality. (shrink)

Many scientists and philosophers of science think that beauty should play a role in theory selection. Physicists like Paul Dirac and Steven Weinberg explicitly claim that the ultimate explanations of the physical world must be beautiful. And philosophers of science like Peter Lipton say that we should expect the loveliest theory to also be the most likely. In this paper, I contend that these arguments from loveliness bear a striking similarity to Thomas Aquinas’ arguments from fittingness; both seem to presume (...) that the most beautiful theory is also the most probable. To do this, I first explain the explanatory virtues that are commonly thought to be constitutive of a lovely theory. Second, I elucidate Aquinas’ arguments from fittingness and show how they work in light of his account of beauty. Lastly, I connect the two kinds of aesthetic arguments and show the extent to which they overlap. (shrink)

I describe a new problem for metaethical constructivism. The problem arises when agents make conflicting judgments, so that the constructivist is implausibly committed to denying they have any reason for any of the available options. The problem is illustrated primarily with reference to Sharon Street’s version of constructivism. Several possible solutions to the problem are explained and rejected.

The principle of epistemic closure is the claim that what is known to follow from knowledge is known to be true. This intuitively plausible idea is endorsed by a vast majority of knowledge theorists. There are significant problems, however, that have to be addressed if epistemic closure – closed knowledge – is endorsed. The present essay locates the problem for closed knowledge in the separation it imposes between knowledge and evidence. Although it might appear that all that stands between knowing (...) the truth of the premises of a valid inference and knowledge of its conclusion is inferring it from the premises, the evidence for each of the premises may jointly count against the conclusion. The intuitive view regarding inferred knowledge says one thing, the evidence says another. One epistemological framework that seems to have the resources to resolve this tension endorses the view that knowledge always requires conclusive evidence. A second framework resolves the tension by limiting the scope of the closure principle. Only inferences drawn directly from propositions contained in the scope of a single knowledge operator are considered closed. The aim of the present essay is to revive the unpopular third option, the idea that knowledge is open. The essay proceeds by arguing that in different ways the two former frameworks only succeed in relocating the problem, not in resolving it. The first framework, the infallibilist view, relocates the problem to a sharp separation between knowledge of the occurrences of events from knowledge of their chance of occurring, a separation leading to several significant additional problems. The fallibilist view, the second framework, in endorsing closure neglects to take into full account the ways in which evidence fails to be transitive. For instance, evidence can count in favor of a conjunction while counting against each of its conjuncts. This fact, which is argued for in the essay on probabilistic as well as non-probabilistic grounds, is used as the foundation of an argument against closed knowledge that can be used as a way to understand several of the most fundamental challenges of epistemology. Not only can an open knowledge view that is based on open evidence resolve all these problems in a simple and natural way, it can also respond to formidable challenges that significantly hinder other open knowledge views. There are good reasons, then, to view both knowledge and evidence as open. (shrink)

Evolutionary debunking arguments (EDAs) have attracted extensive attention in meta-ethics, as they pose an important challenge to moral realism. Mogensen (2015) suggests that EDAs contain a fallacy, by confusing two distinct forms of biological explanation – ultimate and proximate. If correct, the point is of considerable importance: evolutionary genealogies of human morality are simply irrelevant for debunking. But we argue that the actual situation is subtler: while ultimate claims do not strictly entail proximate ones, there are important evidential connections between (...) the two. Attending to these connections clears ground for a new and improved EDA. However, it also brings into view some possible problems with EDAs that have been largely neglected so far. (shrink)

A number of concerns have been raised about the possible future use of pharmaceuticals designed to enhance cognitive, affective, and motivational processes, particularly where the aim is to produce morally better decisions or behavior. In this article, we draw attention to what is arguably a more worrying possibility: that pharmaceuticals currently in widespread therapeutic use are already having unintended effects on these processes, and thus on moral decision making and morally significant behavior. We review current evidence on the moral effects (...) of three widely used drugs or drug types: propranolol, selective serotonin reuptake inhibitors, and drugs that effect oxytocin physiology. This evidence suggests that the alterations to moral decision making and behavior caused by these agents may have important and difficult-to-evaluate consequences, at least at the population level. We argue that the moral effects of these and other widely used pharmaceuticals warrant further empirical research and ethical analysis. (shrink)

There is a tension for those who want to simultaneously hold that Abraham’s disposition to sacrifice Isaac is epistemically justified and yet hold that a contemporary father would not be justified in believing that God is commanding him to sacrifice his son. This paper attempts to resolve that tension. While some commentators have correctly pointed out that one must take Abraham’s long relationship with God into account when considering Abraham’s readiness to sacrifice his son, they do not entertain the possibility (...) that his hearing this commandment is evidence against the hypothesis that Abraham is speaking to God. I grant this possibility. But I argue that when God commands Abraham to do the unthinkable, Abraham’s previously acquired evidence could still be sufficient to justify his belief that he is speaking with God. And in making this argument, I attempt to show what differentiates Abraham from the contemporary father who thinks that God is commanding him to sacrifice his son. (shrink)

This study analyzed the monitoring and evaluation of HIV/AIDS prevention programs in Southern Senatorial District of Cross River State, Nigeria. The study considered different levels of care/support and tested for locational variations in the monitoring/evaluation of HIV/AIDs prevention programs. A descriptive survey research design was utilized. This study covered 596 public health employees (doctors, nurses, pharmacists, and laboratory employees) in the study area. A sample of 239 respondents was chosen using the proportional stratified random sampling procedure. Data was collected using (...) a questionnaire constructed by the researchers and validated by specialists. Data gathered were analyzed using descriptive and inferential statistics. Results indicated that HIV/AIDs programs have been successfully monitored/evaluated to a high extent. High rates of success in the monitoring/evaluation of HIV/AIDs prevention programs are attributable to high rates of care/support provided to people living with HIV/AIDs. There was a significant variation in the monitoring/evaluation of HIV/AIDs prevention programs based on the location of health facilities, with higher rates recorded for urban areas. Based on the findings, it was concluded that the monitoring/evaluation of HIV/AIDs prevention programs in the Southern Senatorial District of Cross River State had recorded a significant level of success. The study recommended, among others, that there should be even distribution of medical facilities, resources and personnel to both urban and rural areas to promote equity and access to materials needed to contain or mitigate the spread of the pandemic across all locations. (shrink)

Nesse primeiro momento da análise do problema da liberdade em Espinosa, gostaria de mostrar que, embora Espinosa trate o conceito de contingência como relacionado à finitude do entendimento humano, o que sugere uma abordagem meramente negativa, ele, na verdade, desenvolve uma abordagem positiva, a saber : a contingência, assim como o tempo , é uma forma necessária do pensamento humano que tem um fundamento na realidade das coisa s às quais ele se aplica, embora não possa ser considerado uma propriedade (...) das coisas. Mostrar que a contingência , assim como o conceito de tempo, é uma forma necessária do pensamento humano significa mostrar não apenas que existem condições objetivas que autorizam a aplicação desse conceito, mas que a imperfeição na qual se funda o conceito de contingência é necessária e intransponível para o entendimento humano. -/- O primeiro passo será estabelecido a partir da prova de que a categorização temporal, da qual a contingência é uma das formas , tem por fundamento o estatuto ontológico peculiar das coisas sobre as quais ela incide, a saber, sobre o estatuto modal (não-substancial) das coisas singulares, unicamente no qual é possível distinguir entre a essência e a existência. O segundo passo consistirá em mostrar que a categorização temporal é uma forma necessária do conhecimento que o homem tem do mundo na medida em que ela é uma das atividades constitutiva s da unidade numérica da alma humana, ou seja, uma das atividades pelas quais a alma humana existe em ato na duração. (shrink)

People are often offended by beliefs, expect apologies for beliefs, apologize for their own beliefs. In many mundane cases, people are morally criticized for their beliefs. Intuitively, then, beliefs seem to sometimes wrong people. Recently, the philosophical literature has picked up on this theme, and has started to discuss it under the heading of doxastic wrongdoing. In this paper we argue that despite the strength of such initial intuitions, at the end of the day they have to be rejected. If (...) it can be ever truthfully asserted that beliefs wrong, this is always derivative – beliefs wrong only in virtue of other things (like evidence-gathering actions) wronging. We distinguish between modest and ambitious doxastic wrongdoing theories (the former deny, while the latter accept, the possibility of a morally wrong yet epistemically permissible belief); we argue that each of these options faces insurmountable problems; and we offer partly debunking explanations of the intuitions purportedly supporting doxastic wrongdoing. (shrink)

This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...) years earlier for two murders. Delling never had the opportunity to plead the insanity defense because his home state, Idaho, had abolished it in 1982. -/- By depriving Delling of the right to plead insanity, Idaho violated Delling’s Fourteenth Amendment right to due process and his Eighth Amendment right against “cruel and unusual” punishment. Naturally, the same is true for many other mentally ill and disabled defendants who have been prosecuted in Idaho and in the other three states that have abolished the insanity defense: Kansas, Montana, and Utah. -/- The second general part of this Article notes an insight that I stumbled upon in the course of researching the first part: the insanity defense and the mistake of law defense both require ignorance of the law, what I refer to as “normative ignorance.” Indeed, normative ignorance is what makes both of these defenses exculpatory in the first place. -/- Given this critical connection, there is a way for Idaho, Kansas, Montana, and Utah to resume compliance with the Constitution. Instead of reinstating the insanity defense per se, which might be politically unpopular, they should just broaden their mistake of law defense to include normative ignorance caused by cognitive incapacity that is itself caused by mental illness or disability. -/- Still, this Article is not merely directed at these four western states. It is directed at the other forty-six states as well. Because they already have an insanity defense, they need not incorporate it into their mistake of law defense. But in the third general part, I will argue that they should still expand their mistake of law defense to cover defendants who either lack a reasonable opportunity to learn the law or reasonably but mistakenly infer from widely accepted norms or ethics that their conduct is lawful. (shrink)

The Callicles colloquy of Plato’s Gorgias features both examination and ridicule. Insofar as Socrates’ examination of Callicles proceeds via the elenchus, the presence of ridicule requires explanation. This essay seeks to provide that explanation by placing the effort to ridicule within the effort to examine; that is, the judgment/pronouncement that something/ someone is worthy of ridicule is a proper part of the elenchic examination. Standard accounts of the Socratic elenchus do not include this component. Hence, the argument of this essay (...) suggests a need to revise the standard account of the elenchus, at least as it relates to the use of that method within the Gorgias. Insofar as a revised account of the elenchus has implications for our understanding of Socratic moral psychology, the argument of this essay also suggests a need to reconsider the moral psychological framework within which Socrates operates in the Gorgias. (shrink)

The idea that knowledge can be extended by inference from what is known seems highly plausible. Yet, as shown by familiar preface paradox and lottery-type cases, the possibility of aggregating uncertainty casts doubt on its tenability. We show that these considerations go much further than previously recognized and significantly restrict the kinds of closure ordinary theories of knowledge can endorse. Meeting the challenge of uncertainty aggregation requires either the restriction of knowledge-extending inferences to single premises, or eliminating epistemic uncertainty in (...) known premises. The first strategy, while effective, retains little of the original idea—conclusions even of modus ponens inferences from known premises are not always known. We then look at the second strategy, inspecting the most elaborate and promising attempt to secure the epistemic role of basic inferences, namely Timothy Williamson’s safety theory of knowledge. We argue that while it indeed has the merit of allowing basic inferences such as modus ponens to extend knowledge, Williamson’s theory faces formidable difficulties. These difficulties, moreover, arise from the very feature responsible for its virtue- the infallibilism of knowledge. (shrink)

Actions performed in a state of automatism are not subject to moral evaluation, while automatic actions often are. Is the asymmetry between automatistic and automatic agency justified? In order to answer this question we need a model or moral accountability that does justice to our intuitions about a range of modes of agency, both pathological and non-pathological. Our aim in this paper is to lay the foundations for such an account.

This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered to (...) be more or less interchangeable. But there is a growing movement, which I refer to as "responsibility skepticism," which maintains that moral responsibility is either physically or metaphysically impossible. If the responsibility skeptics are right (that moral responsibility is impossible), then what are the implications for criminal responsibility and just criminal punishment? Should we abandon these as well? Or can they survive without moral responsibility? I try to answer these questions. -/- The third part addresses social causation. The criminal justice system tends to be "dispositionalist"; it tends, that is, to assume that criminal responsibility resides entirely within the defendant. Dispositionalism, however, overlooks the fact that who we are and what we do are significantly determined by environmental influences. I then try to show that this "situationist" alternative to dispositionalism should not radically alter our approach to criminal punishment. -/- The final part briefly discusses the difficulty in evaluating criminal responsibility when the defendant is both an offender and a victim - especially when the defendant is an offender *because* of his victimization. (shrink)

I defend an interpretation of the first Critique’s category of totality based on Kant’s analysis of totality in the third Critique’s Analytic of the mathematical sublime. I show, firstly, that in the latter Kant delineates the category of totality — however general it may be — in relation to the essentially singular standpoint of the subject. Despite the fact that sublime and categorial totality have a significantly different scope and function, they do share such a singular baseline. Secondly, I argue (...) that Kant’s note (in the first Critique’s metaphysical deduction) that deriving the category of totality requires a special act of the understanding can be seen as a ‘mark’ of that singular baseline. This way, my aesthetical ‘detour’ has the potential of revealing how the subjective aspects of object-constitution might be accounted for in the very system of the categories (of quantity) itself. (shrink)

In the wake of the spectacular success of Miranda Fricker's Epistemic Injustice, philosophers have paid a great deal of attention to testimonial injustice. Testimonial injustice occurs when recipients of testimony discount it in virtue of its source: usually, their social identity. The remedy for epistemic injustice is almost always listening better and giving greater weight to the testimony we hear, on most philosophers' implicit or explicit view. But Fricker identifies another kind of epistemic injustice: hermeneutical injustice. This kind of injustice (...) occurs when someone can't articulate their own experience or understand their situation for lack of the hermeneutical tools. There is a possible tension between these kinds of injustice, we suggest: sincere testimony may be misleading (may fail to identify significant harms the testfier is subject, or may fail to register its magnitude, or to categorize it as the kind of harm it is) in virtue of a lack of hermeneutical resources. This tension raises the possibility that there are situations in which experts - those who possess hermeneutical tools - may be able to correct the testimony of those who experience harms in virtue of their identity. In this paper, we identify possible cases in which epistemic injustice might be reduced through such correction: in which an increase in testimonial injustice might serve to decrease it in the longer run, for example. We also suggest how the obvious dangers of a too great readiness to see testimony as in need of expert correction might be mitigated, and how the expert might suggest corrections without ceasing to listen. (shrink)

We explicate and evaluate arguments both for and against the insanity defense itself, different versions of the insanity defense (M'Naghten, Model Penal Code, and Durham (or Product)), the Irresistible Impulse rule, and various reform proposals.

Background We investigated the personal philosophies of eight persons with a tetraplegic condition (four male, four female), all living in Sweden with a chronic spinal cord injury (SCI) and all reporting a good life. Our purpose was to discover if there is a philosophical mindset that may play a role in living a good life with a traumatic SCI. Methods Two rounds of in-depth qualitative interviews were performed by the same interviewer, a philosophical practitioner by training (de Miranda). The second (...) round systematically covered the following elements: bodily sense, sense of self, sense of belonging, sense of the possible, sense of purpose and philosophical sense. This six-step method developed by de Miranda is called SMILE_PH, an acronym for Sense-Making Interviews Looking at Elements of Philosophical Health. Results All the interviewees, as a consequence of their trauma, reported having gone through a reinvention of themselves which implied questioning the meaning and purpose of their life in particular and life in general. A philosophical rather than realistic sense of the possible was abstracted toward teleological growth. All interviewees developed a sense of purpose based on self-interested altruism and solidarity with disabled peers. Conclusions To reinvent a good life with SCI, in addition to physical training and willpower, one needs to consider philosophical questions about the self and life, what Kant called the cosmic interests of reason: What may I hope? What must I do? What can I know? Our results indicate that we should, in the future, explore what the philosophical health approach may bring to rehabilitation processes in the months or years that follow the trauma. (shrink)

In this chapter, we argue for three theses: (1) we lack the power to form beliefs at will (i.e., directly); at very least, we lack the power to form at will beliefs of the kind that proponents of doxastic voluntarism have in mind; but (2) we possess a propensity to form beliefs for non-epistemic reasons; and (3) these propensities—once we come to know we have them—entail that we have obligations similar to those we would have were doxastic voluntarism true. Specifically, (...) we will argue that we have obligations to avoid triggering these propensities to form beliefs that are unwarranted or even immoral. (shrink)

Recent work in neuroimaging suggests that some patients diagnosed as being in the persistent vegetative state are actually conscious. In this paper, we critically examine this new evidence. We argue that though it remains open to alternative interpretations, it strongly suggests the presence of consciousness in some patients. However, we argue that its ethical significance is less than many people seem to think. There are several different kinds of consciousness, and though all kinds of consciousness have some ethical significance, different (...) kinds underwrite different kinds of moral value. Demonstrating that patients have phenomenal consciousness — conscious states with some kind of qualitative feel to them — shows that they are moral patients, whose welfare must be taken into consideration. But only if they are subjects of a sophisticated kind of access consciousness — where access consciousness entails global availability of information to cognitive systems — are they persons, in the technical sense of the word employed by philosophers. In this sense, being a person is having the full moral status of ordinary human beings. We call for further research which might settle whether patients who manifest signs of consciousness possess the sophisticated kind of access consciousness required for personhood. (shrink)

Many biological investigations are organized around a small group of species, often referred to as ‘model organisms’, such as the fruit fly Drosophila melanogaster. The terms ‘model’ and ‘modelling’ also occur in biology in association with mathematical and mechanistic theorizing, as in the Lotka–Volterra model of predator-prey dynamics. What is the relation between theoretical models and model organisms? Are these models in the same sense? We offer an account on which the two practices are shown to have different epistemic characters. (...) Theoretical modelling is grounded in explicit and known analogies between model and target. By contrast, inferences from model organisms are empirical extrapolations. Often such extrapolation is based on shared ancestry, sometimes in conjunction with other empirical information. One implication is that such inferences are unique to biology, whereas theoretical models are common across many disciplines. We close by discussing the diversity of uses to which model organisms are put, suggesting how these relate to our overall account. 1 Introduction2 Volterra and Theoretical Modelling3 Drosophila as a Model Organism4 Generalizing from Work on Model Organisms5 Phylogenetic Inference and Model Organisms6 Further Roles of Model Organisms6.1 Preparative experimentation6.2 Model organisms as paradigms6.3 Model organisms as theoretical models6.4 Inspiration for engineers6.5 Anchoring a research community7 Conclusion. (shrink)

It is well known that the nature of consciousness is elusive, and that attempts to understand it generate problems in metaphysics, philosophy of mind, psychology, and neuroscience. Less appreciated are the important – even if still elusive – connections between consciousness and issues in ethics. In this chapter we consider three such connections. First, we consider the relevance of consciousness for questions surrounding an entity’s moral status. Second, we consider the relevance of consciousness for questions surrounding moral responsibility for action. (...) Third, we consider the relevance of consciousness for the acquisition of moral knowledge. (shrink)

The Hodgkin–Huxley (HH) model of the action potential is a theoretical pillar of modern neurobiology. In a number of recent publications, Carl Craver ([2006], [2007], [2008]) has argued that the model is explanatorily deficient because it does not reveal enough about underlying molecular mechanisms. I offer an alternative picture of the HH model, according to which it deliberately abstracts from molecular specifics. By doing so, the model explains whole-cell behaviour as the product of a mass of underlying low-level events. The (...) issue goes beyond cellular neurobiology, for the strategy of abstraction exhibited in the HH case is found in a range of biological contexts. I discuss why it has been largely neglected by advocates of the mechanist approach to explanation. 1 Introduction2 A Primer on the HH Model2.1 The basic qualitative picture2.2 The quantitative model3 Interlude: What Did Hodgkin and Huxley Think?4 Craver’s View4.1 Mechanistic explanation4.2 Sketches4.3 Craver's view: The HH model as a mechanism sketch5 An Alternative View of the HH Model5.1 Another look at the equations5.2 The discrete-gating picture5.3 The road paved by Hodgkin and Huxley5.4 Summary and comparison to Craver6 Conclusion: The HH Model and Mechanistic Explanation6.1 Sketches and abstractions6.2 Why has aggregative abstraction been overlooked? (shrink)

Philosophical orthodoxy has it that intentional action consists in one’s intention appropriately causing a motion of one’s body, placing the latter as (conceptually and/or metaphysically) prior to the former. Here I argue that this standard schema should be reversed: acting intentionally is at least conceptually prior to intending. The argument is modelled on a Williamsonian argument for the priority of knowledge developed by Jenifer Nagel. She argues that children acquire the concept KNOWS before they acquire BELIEVES, building on this alleged (...) developmental priority of knowledge to establish its conceptual priority. I start by taking a closer look at Nagel’s argument, canvassing extant objections to do both with the empirical adequacy of her claims and their philosophical implications. Doing so allows me in the second part of the paper to draw lessons that inform the construction of a revamped parallel argument for the priority of ACTS INTENTIONALLY. (shrink)

Statistical evidence—say, that 95% of your co-workers badmouth each other—can never render resenting your colleague appropriate, in the way that other evidence (say, the testimony of a reliable friend) can. The problem of statistical resentment is to explain why. We put the problem of statistical resentment in several wider contexts: The context of the problem of statistical evidence in legal theory; the epistemological context—with problems like the lottery paradox for knowledge, epistemic impurism and doxastic wrongdoing; and the context of a (...) wider set of examples of responses and attitudes that seem not to be appropriately groundable in statistical evidence. Regrettably, we do not come up with a fully general, fully adequate, fully unified account of all the phenomena discussed. But we give reasons to believe that no such account is forthcoming, and we sketch a somewhat messier account that may be the best that can be had here. (shrink)