Radical skepticism is the view that we know nothing or at least next to nothing. Nearly no one actually believes that skepticism is true. Yet it has remained a serious topic of discussion for millennia and it looms large in popular culture. What explains its persistent and widespread appeal? How does the skeptic get us to doubt what we ordinarily take ourselves to know? I present evidence from two experiments that classic skeptical arguments gain potency from an interaction between two (...) factors. First, people evaluate inferential belief more harshly than perceptual belief. Second, people evaluate inferential belief more harshly when its content is negative (i.e., that something is not the case) than when it is positive (i.e., that something is the case). It just so happens that potent skeptical arguments tend to focus our attention on negative inferential beliefs, and we are especially prone to doubt that such beliefs count as knowledge. That is, our cognitive evaluations are biased against this specific combination of source and content. The skeptic sows seeds of doubt by exploiting this feature of our psychology. (shrink)

Remembering is one of the most characteristic and most puzzling of human activities. Personal memory, in particular – the ability mentally to travel back into the past, as leading psychologist Endel Tulving puts it – often has intense emotional or moral significance: it is perhaps the most striking manifestation of the peculiar way human beings are embedded in time, and of our limited but genuine freedom from our present environment and our immediate needs. Memory has been significant in the history (...) of philosophy as much in relation to ethics and to epistemology as in theories of psyche, mind, and self. (shrink)

According to several authors, the enhancement project incorporates a quest for hyperagency - i.e. a state of affairs in which virtually every constitutive aspect of agency (beliefs, desires, moods, dispositions and so forth) is subject to our control and manipulation. This quest, it is claimed, undermines the conditions for a meaningful and worthwhile life. Thus, the enhancement project ought to be forestalled or rejected. How credible is this objection? In this article, I argue: “not very”. I do so by evaluating (...) four different versions of the “hyperagency” objection from four different authors. In each case I argue that the objection either fails outright or, at best, provides weak and defeasible grounds for avoiding enhancement. In addition to this, I argue that there are plausible grounds for thinking that enhancement helps, rather than hinders, us in living the good life. (shrink)

I start with a brief assessment of the implications of Sterelny’s anti-individualist, anti-internalist apprentice learning model for a more historical and interdisciplinary cognitive science. In a selective response I then focus on two core features of his constructive account: collaboration and skill. While affirming the centrality of joint action and decision making, I raise some concerns about the fragility of the conditions under which collaborative cognition brings benefits. I then assess Sterelny’s view of skill acquisition and performance, which runs counter (...) to dominant theories that stress the automaticity of skill. I suggest that it may still overestimate the need for and ability of experts to decompose and represent the elements of their own practical knowledge. (shrink)

Embodied human minds operate in and spread across a vast and uneven world of things—artifacts, technologies, and institutions which they have collectively constructed and maintained through cultural and individual history. This chapter seeks to add a historical dimension to the enthusiastically future-oriented study of “natural-born cyborgs” in the philosophy of cognitive science,3 and a cognitive dimension to recent work on material memories and symbol systems in early modern England, bringing humoral psychophysiology together with material culture studies. The aim is to (...) sketch an integrative framework which spans early modern ideas and practices relating to brains, bodies, memory, and objects. Embodiment and environment, I’ll argue, were not (always) merely external influences on feeling, thinking, and remembering, but (in certain circumstances) partly constitutive of these activities. (shrink)

To what extent are the answers to theological questions knowable? And if the relevant answers are knowable, which sorts of inquirers are in a position to know them? In this chapter we shall not answer these questions directly but instead supply a range of tools that may help us make progress here. The tools consist of plausible structural constraints on knowledge. After articulating them, we shall go on to indicate some ways in which they interact with theological scepticism. In some (...) cases the structural constraints bear directly on whether one can know answers to theological questions. But the structural considerations are related to theological scepticism in other interesting ways as well; for instance we will also be using them to explore the significance of scepticism, by addressing questions such as ‘To what extent does it matter whether or not we can know the answer to theological questions?’. (shrink)

This paper addresses relations between memory and imagery in expert sport in relation to visual or visuospatial perspective. Imagining, remembering, and moving potentially interact via related forms of episodic simulation, whether future- or past-directed. Sometimes I see myself engaged in action: many experts report switching between such external visual perspectives and an internal, 'own-eyes', or field perspective on their past or possible performance. Perspective in retrieval and in imagery may be flexible and multiple. I raise a range of topics for (...) empirical research on perspective and visualization. (shrink)

Everyone will agree that education ought to prepare young people to lead a meaningful life, but there are different ways in which this notion can be understood. A religious interpretation has to be distinguished from the secular one on which this paper focuses. Meaningfulness in this non-religious sense is a necessary condition of a life of well-being, having to do with the nesting of one’s reasons for action within increasingly pervasive structures of activity and attachment. Sometimes a life can seem (...) meaningless when it is not so in fact. In more extreme cases it may in fact be to some extent meaningless. Equipping young people for a meaningful life is a worthwhile, but not all-important educational aim. Educators should help them not only to see their lives as meaningful but also to lead lives that <are> meaningful. This involves continuous engagement in the nesting of reasons mentioned above. Where autonomy is also an aim, temperamental attunement to possible options – rather than exposure to all possible options – and time to explore them are important considerations. Questions arise here both about social justice and about whether current school curriculum and timetabling arrangements help or hinder pupils in living a meaningful life. (shrink)

Early modern critics of materialism (and of associated doctrines like determinism and mechanism) sometimes employed a transcendental argument form. If materialism were true, then some valuable feature of reality could not exist; but that feature does exist; therefore materialism is false. Depending on current context and concerns, the valuable 'X' in question might be God, the soul, hell, objective morality, free will, conscience, truth, knowledge, social order, or justice and the law: all, in the critics' eyes, obvious and unchallengeable realities (...) which materialism would, impossibly, extinguish.1 As David Hawkes notes in his delightfully provocative essay, it is because Hell is so manifestly real, in both the play and its world, that Faustus manifestly refutes himself in telling Mephistopheles that it is a fable. The success of such transcendental arguments relies on the truth of both their premises: Hell really must exist, and Faustus's materialism must really be incompatible with its existence. Hawkes celebrates early modern moralists who focussed on the alleged worldly and carnal roots and consequences of 'philosophical materialism', who attacked its proponents as villainous, self-interested, and depraved. (shrink)

Lloyd Jones’s *The Book of Fame*, a novel about the stunningly successful 1905 British tour of the New Zealand rugby team, represents both skilled group action and the difficulty of capturing it in words. The novel’s form is as fluid and deceptive, as adaptable and integrated, as the sweetly shaped play of the team that became known during this tour for the first time as the All Blacks. It treats sport on its own terms as a rich world, a set (...) of bodily skills, and an honest profession in itself. A reading of *The Book of Fame* can contribute to the interdisciplinary study of literature and cognition, exemplifying two-way ‘exchange values’. On the one hand, we gain insights into the nature of skilful group agency, of distinct forms and at distinct timescales, by focussing on the precise forms taken by the All Blacks’ creation of space. Here, we treat The Book of Fame as a brilliant evocation of features of collective thought, movement, and emotion that both everyday and scientific inquiry can easily miss. On the other hand, we also read back into the novel a subtle, fascinated interrogation of the mechanisms by which small groups form, evolve, and act. In this more ambitious mode of analysis, we use independently motivated theoretical concerns to help us see real features of the literary work that might otherwise remain invisible. We focus on the relationship between skilful performance and collective action. These topics fall outside the ambit of much current work by literary theorists using cognitive research, who tend to focus on theory of mind and modularity, metaphor and blending, emotion and empathy, consciousness and concepts, representation and so on. But skilled performance and collective action comprise surprisingly lively research fields across the sciences, from neuropsychology to philosophy of mind and cognitive anthropology. These areas of inquiry may provide even more productive avenues for future work in the interfield of literary and cultural theory and the cognitive sciences. (shrink)

The representation of propositional attitudes (beliefs, desires, etc.) and the analysis of natural-language, propositional-attitude reports presents difficult problems for cognitive science and artificial intelligence. In particular, various representational approaches to attitudes involve the incorrect “imputation,” to cognitive agents, of the use of artificial theory-laden notions. Interesting cases of this problem are shown to occur in several approaches to attitudes. The imputation problem is shown to arise from the way that representational approaches explicate properties and relationships, and in particular from the (...) way they explicate propositional attitudes themselves. Another factor contributing to imputation is the compositional nature of typical semantic approaches to propositional-attitude reports. Some strategies for avoiding undesirable imputation are examined. One of the main conclusions is that the importance of imputations that arise in a representation scheme depends strongly on the use to which the scheme is put -- on whether, for instance, the scheme is used as part of a formal, objective account of natural language, or is used rather as a representational tool within an agent. (shrink)

This is a response to Earp and colleagues' target article "If I could just stop loving you: Anti-love biotechnology and the ethics of a chemical break-up". I argue that the authors may indulge in the vice of in-principlism when presenting their ethical framework for dealing with anti-love biotechnology, and that they mis-apply the concept of harm.

Some natural philosophers in the 17th century believed that they could control their own innards, specifically the animal spirits coursing incessantly through brain and nerves, in order to discipline or harness passion, cognition and action under rational guidance. This chapter addresses the mechanisms thought necessary after Eden for controlling the physiology of passion. The tragedy of human embedding in the body, with its cognitive and moral limitations, was paired with a sense of our confinement in sequential time. I use two (...) strands of 17th-century natural philosophy to exemplify forms of the perceived connection between physiology, memory, and the passions. I deal at length with Cartesian mechanism, and more briefly with Restoration natural philosophy in England. These are fruitful historical domains for connecting cognition and culture, since relations of domination, disruption, or accommodation between present and past are in play for both selves and societies. Despite the difficulty of integrating affect with cognition in theories of brain and mind, the capacity to treat passion and memory together is crucial for future cognitive science to address issues which outsiders care about. (shrink)

This was a class handout that I turned into a publication. As its title indicates, it's about the relation (or non-relation) of (ethical) cultural relativism to tolerance. Core elements of the paper were later absorbed into sections 5K, 6M, and 7K of my paper "Cultural Relativism" (2000), which is listed (and downloadable) on my PhilPapers page.

The three papers in this special section of Cognitive Processing continue and extend the December 2005 issue, which was devoted in its entirety to reviews, research reports, and laboratory reports on the theme of ‘Memory and the Extended Mind: embodiment, cognition, and culture’ (Sutton 2005). Like the papers in that issue, these are revised versions of papers first presented at two workshops on ‘Memory, Mind, and Media’ in Sydney on November 29–30 and December 2–3, 2004. Where that issue focussed specifically (...) on memory, these three papers deal with more general issues in the foundations of cognitive science. (shrink)

Recent work in the methodology of connectionist explanation has I'ocrrsccl on the notion of levels of explanation. Specific issucs in conncctionisrn hcrc intersect with rvider areas of debate in the philosophy of psychology and thc philosophy of science generally. The issues I raise in this chapter, then, are not unique to cognitive science; but they arise in new and important contexts when connectionism is taken seriously as a model of cognition. The general questions are the relation between levels and the (...) status of levels which have no obvious relation to others. In speaking of levels, what is the connection, if there is one, between explanation and ontology? Which, if any, conccpt of reduction is applicable to connectionist systems? What kind of legitinrtcy can the constructs of common sense psychology, or of that vclsion ol intentional realism represented by classical symbol-systems n I, hirvc irr ir full-scale connectionist theory of mind? (shrink)

Even though the seventeenth-century French philosopher René Descartes has been remembered primarily for his contributions to Western philosophy, he also showed a curiosity about many aspects of the natural world. His mechanistic and rationalistic methods have been criticized as often as they have been praised, but they provided a framework for subsequent scientific inquiry.

Sutton's review of Renaissance Magic and the Return of the Golden Age.

The most common approach to the problem of requests for futile treatment – the hospital futility policy – rests on the assumption that demands for futile treatment are both intractable and irrational. But there is another approach to the futility problem, an approach that would be dialogic, piecemeal, and case-by-case. This is the only approach that attempts to deal with both the hospital’s problem and the patient’s or family’s problem that motivates the request/demand for futile treatments. As such, it holds (...) the promise of resolving the problem of demands for futile treatment in a way that does not generate anger and ill will at the hospital staff for what will inevitably strike patients and their families as a blatant assertion of the hospital’s power. (shrink)

Descartes, the textbooks say, divided human beings, or at least their minds, from the natural world. This is not just the consequence of metaphysical dualism, but of the concomitant indirect ‘ideas’ theory of perception. On the standard view, the soul must dimly infer the nature of the external world from the meagre, fragmentary, and often misleading input which is causally transmitted from objects through the nervous system to the brain and, ultimately, to the pineal gland. The metaphysical solipsism of the (...) cogito, on this picture, has its psychophysiological counterpart in the way Descartes sets all goings-on in nature at such a distance from the knowing subject who is temporarily and imperfectly united with a physical body. We cannot be sure, after all, that there are human beings rather than mere automata under the hats and cloaks we see from our window. (shrink)

Several philosophers believe that with phenomenal consciousness and neurobiological properties, there will always be some kind of epistemic gap between the two that will lead to a corresponding ontological gap. In order to address those who espouse this hard line position, I will first briefly examine certain aspects of the history of scientific explanation. I will put forth a positive thesis that there is what I call a progressivism to scientific explanations in certain fields, where kinds of explanations tend to (...) advance or progress, somewhat analogous to how overall scientific theories also significantly advance or progress. Given the progressivism of kinds of explanations, I provide a new contention that adherents to the hard line view are not justified in making their relevant claims. While progressivism and its use against hard line views may seem intuitively obvious to some readers, I offer its first articulation and attempt to illustrate the novel virtues it brings to the table of the phenomenal consciousness debate. (shrink)

This paper is a commentary on the target article by Dana H. Ballard, “Cortical connections and parallel processing: Structure and function”, in the same issue of the journal, pp. 67–120. -/- I raise some issues about the connectionist or neural-network implementation of information and information processing. Issues include the sharing of information by different parts of a connectionist/neural network, the copying of complex information from one place to another in a network, the possibility of connection weights not being synaptic weights, (...) and the possibility of fast communication within single neurons as complex systems in their own right. (shrink)

This paper is a commentary on the target article by Michael Arbib, “Levels of modeling of mechanisms of visually guided behavior”, in the same issue of the journal, pp. 407–465. -/- I focus on the importance of the inclusion of an ability of a system to entertain, at a given time, multiple instantiations of a given schema (situation template, frame, script, action plan, etc.), and complications introduced into neural/connectionist network systems by such inclusion.

A book Review of Artificial Knowing Gender and the Thinking Machine, by Alison Adam, Routledge: Taylor and Francis, 1998.

An interview with The philosopher James Moore on the occasion of his ACM Making a Difference Award, in 2003.

The word 'reason' as used today is used ambiguous in its meaning. It may denote either of two mental faculties: a lower reason associated with discursive, linear thinking, and a higher reason associated with direct apprehension of first principles of mathematics and logic, and possibly also of moral and religious truths. These two faculties may be provisionally named Reason (higher reason) and rationality (lower reason). Common language and personal experience supply evidence of these being distinct faculties. So does classical philosophical (...) literature, the locus classicus being Plato's Divided Line analogy. -/- The effect of currently using a single word to denote both faculties not only produces confusion, but has had the effect of decreasing personal and cultural awareness of the higher faculty, Reason. Loss of a sense of Reason has arguably contributed to various psychological, social, moral, and spiritual problems of the modern age. This issue was also a central concern of 19th century Transcendentalists, who reacted to the radical empiricism of Locke. It would be advantageous to adopt consistent terms that make explicit a distinction between higher and lower reason. One possibility is to re-introduce the Greek philosophical terms nous and dianoia for the higher and lower reason, respectively. This discussion has certain parallels with the recent theories of McGilchrist (2009) concerning the increasingly left-brain hemisphere orientation of human culture. (shrink)

The text “Language and Social Reality” is translated here from the work of John R. Searle: The Construction of Social Reality (The Free Press: New York, 1995. Chapter 3: Language and Social Reality. pp. 59–78.

The editors of this bulky volume tell us that an issue of the Stanford Humanities Review ‘constituted the seed of the project that culminated in this book’ (vii). They don’t say that it was the Spring 1995 issue of that pioneering open-access e-journal, nor do they tell us how many or which of the 19 papers in this book derive from it. But since that issue is still online (as at August 28, 2006), at http://www.stanford.edu/group/SHR/4-2/text/toc.html, any reader can see that (...) 12 of its 15 papers have been reprinted almost unaltered here, a decade later, while in addition almost all of the editors’ 1995 introduction appears again in their expanded text. (shrink)

I hope that this wonderful book, written with a passionate and sympathetic intelligence, reaches a wide audience. It's not an easy read, for Janice Haaken deliberately spins a dense web of reference, pursuing paths across the contemporary psycho-political landscape. But her scholarship is marvellously diverse and well-directed, and her writing easily shifts between sad or playful fantasy, and insistently engaged political or empirical analysis.

In the late 16th and early 17th centuries, a number of ‘liberal Jesuit scholastics’ produced the last great synthesis of Aristotelian psychology with Christian theology. In this magnificently sympathetic reconstruction of their systems of the soul, Dennis Des Chene rescues Toletus, Suarez, and the other ‘schoolmen’ from neglect which resulted from scornful dismissals by Descartes and his fellows. Deliberating bypassing the political and medical contexts of their work, and focusing almost exclusively on Jesuit rather than other, ‘dissident’ Renaissance Aristotelianisms, Des (...) Chene focusses intensely on intellectual history, what he calls at one point ‘the flurry of subtleties’ of these astonishing systematic commentaries on Aristotle. (shrink)

In telling the story of Thomas Willis and the collective investigations of body and brain in 17th-century England with tremendous energy and enthusiasm, journalist Carl Zimmer has written one of the best recent books of popular history of science. The full range of readers will be rewarded by Zimmer’s synthetic scholarship and his evident pleasure in the language of the primary texts. While he owes much to the work of Robert Frank and Robert Martensen in particular, Zimmer has negotiated a (...) vast secondary literature on the major figures of early modern natural philosophy. His decision not to discuss scholarly controversy directly, but rather ‘to give accounts of these people that were consistent with the current consensus’ (p.304) is understandable given the mass market at which he has successfully aimed: yet such a voice would bring a welcome freshness to specialists’ debates. (shrink)

This book treats ancient logic: the logic that originated in Greece by Aristotle and the Stoics, mainly in the hundred year period beginning about 350 BCE. Ancient logic was never completely ignored by modern logic from its Boolean origin in the middle 1800s: it was prominent in Boole’s writings and it was mentioned by Frege and by Hilbert. Nevertheless, the first century of mathematical logic did not take it seriously enough to study the ancient logic texts. A renaissance in ancient (...) logic studies occurred in the early 1950s with the publication of the landmark Aristotle’s Syllogistic by Jan Łukasiewicz, Oxford UP 1951, 2nd ed. 1957. Despite its title, it treats the logic of the Stoics as well as that of Aristotle. Łukasiewicz was a distinguished mathematical logician. He had created many-valued logic and the parenthesis-free prefix notation known as Polish notation. He co-authored with Alfred Tarski’s an important paper on metatheory of propositional logic and he was one of Tarski’s the three main teachers at the University of Warsaw. Łukasiewicz’s stature was just short of that of the giants: Aristotle, Boole, Frege, Tarski and Gödel. No mathematical logician of his caliber had ever before quoted the actual teachings of ancient logicians. -/- Not only did Łukasiewicz inject fresh hypotheses, new concepts, and imaginative modern perspectives into the field, his enormous prestige and that of the Warsaw School of Logic reflected on the whole field of ancient logic studies. Suddenly, this previously somewhat dormant and obscure field became active and gained in respectability and importance in the eyes of logicians, mathematicians, linguists, analytic philosophers, and historians. Next to Aristotle himself and perhaps the Stoic logician Chrysippus, Łukasiewicz is the most prominent figure in ancient logic studies. A huge literature traces its origins to Łukasiewicz. -/- This Ancient Logic and Its Modern Interpretations, is based on the 1973 Buffalo Symposium on Modernist Interpretations of Ancient Logic, the first conference devoted entirely to critical assessment of the state of ancient logic studies. (shrink)

John Clarke of Hull, one of the eighteenth century's staunchest proponents of psychological egoism, defended that theory in his Foundation of Morality in Theory and Practice. He did so mainly by opposing the objections to egoism in the first two editions of Francis Hutcheson's Inquiry into Virtue. But Clarke also produced a challenging, direct argument for egoism which, regrettably, has received virtually no scholarly attention. In this paper I give it some of the attention it merits. In addition to (...) reconstructing it and addressing interpretive issues about it, I show that it withstands a tempting objection. I also show that although Clarke's argument ultimately fails, to study it is instructive. It illuminates, for example, Hutcheson's likely intentions in a passage relevant to egoism. (shrink)

Among the most animating debates in eighteenth-century British ethics was the debate over psychological egoism, the view that our most basic desires are self-interested. An important episode in that debate, less well known than it should be, was the exchange between Francis Hutcheson and John Clarke of Hull. In the early editions of his Inquiry into Virtue, Hutcheson argued ingeniously against psychological egoism; in his Foundation of Morality, Clarke argued ingeniously against Hutcheson’s arguments. Later, Hutcheson attempted new arguments against (...) psychological egoism, designed to overcome Clarke’s objections. This article examines the exchange between these philosophers. Its conclusion, influenced partly by Clarke, is that psychological egoism withstands Hutcheson’s arguments. This is not to belittle those arguments—indeed, they are among the most resourceful and plausible of their kind. The fact that egoism withstands them is thus not a mere negative result, but a stimulus to consider carefully the ways in which progress in this area may be possible. (shrink)

Since the last ice age, when ice enveloped most of the northern continents, the earth has warmed by about five degrees. Within a century, it is likely to warm by another four or five. This revolution in our climate will have immense and mostly harmful effects on the lives of people not yet born. We are inflicting this harm on our descendants by dumping greenhouse gases into the atmosphere. We can mitigate the harm a little by taking measures to control (...) our emissions of these gases, and to adapt to the changes by, for instance, building sea walls around coastlines threatened by rising sea levels. But these measures will be very expensive, and the costs will be born by us, the present generation, whereas the benefits will come to future generations. How much should we sacrifice for the sake of the future? Economists and philosophers have independently worked on the question of our responsibility to future generations. This book brings their work together and applies it to global warming. It suggests a programme for future research on the economic and ethical issues. The book is intended for economists, and for philosophers and other social scientists who have a little knowledge of economic methods. (shrink)

In this article I address a puzzle about one of Francis Hutcheson’s objections to psychological egoism. The puzzle concerns his premise that God receives no benefit from rewarding the virtuous. Why, in the early editions of his Inquiry Concerning Virtue (1725, 1726), does Hutcheson leave this premise undefended? And why, in the later editions (1729, 1738), does he continue to do so, knowing that in 1726 John Clarke of Hull had subjected the premise to plausible criticism, geared to the (...) very audience (mainly Christian) for whom Hutcheson’s objection to egoism was written? This puzzle is not negligible. Some might claim that Hutcheson ruins his objection by ignoring Clarke’s criticism. To answer the puzzle we must consider not only Hutcheson’s philosophy but also some theological assumptions of Hutcheson’s time. (shrink)

Perceptual Confidence is the view that our conscious perceptual experiences assign confidence. In previous papers, I motivated it using first-personal evidence (Morrison, 2016), and Jessie Munton motivated it using normative evidence (Munton, 2016). In this paper, I will consider the extent to which it is motivated by third-personal evidence. I will argue that the current evidence is supportive but not decisive. I will then describe experiments that might provide stronger evidence. I hope to thereby provide a roadmap for future research.

Rolling Stones guitarist Keith Richards has argued that rock and roll happens from the neck down. In this contribution to The Rolling Stones and Philosophy, edited by Luke Dick and George Reisch, I draw on neuroscience to argue that, in the parlance of John Stuart Mill, rock and roll is both a higher and a lower pleasure.

Does Anne Conway (1631–79) hold that the created world consists of a single underlying substance? Some have argued that she does; others have argued that she is a priority monist and so holds that there are many created substances, but the whole created world is ontologically prior to each particular creature. Against both of these proposals, this article makes the case for a substance pluralist interpretation of Conway: individual creatures are distinct substances, and the whole created world is not ontologically (...) prior to the individual creatures that compose it. The basic argument for such a view draws on Conway's claims about the freedom and moral responsibility of individual creatures. The pluralist reading is straightforwardly compatible with these claims, while the monistic readings are not. (shrink)

I introduce an account of when a rule normatively sustains a practice. My basic proposal is that a rule normatively sustains a practice when the value achieved by following the rule explains why agents continue following that rule, thus establishing and sustaining a pattern of activity. I apply this model to practices of belief management and identifies a substantive normative connection between knowledge and belief. More specifically, I proposes one special way that knowledge might set the normative standard for belief: (...) knowing is essentially the unique way of normatively sustaining cognition and, thereby, inquiry. In this respect, my proposal can be seen as one way of elaborating a “knowledge-first” normative theory. (shrink)

Many real-world agents recognise that they impose harms by choosing to emit carbon, e.g., by flying. Yet many do so anyway, and then attempt to make things right by offsetting those harms. Such offsetters typically believe that, by offsetting, they change the deontic status of their behaviour, making an otherwise impermissible action permissible. Do they succeed in practice? Some philosophers have argued that they do, since their offsets appear to reverse the adverse effects of their emissions. But we show that (...) they do not. In practice, standard carbon offsetting does not reverse the harms of the original action, nor does it even benefit the same group as was harmed. Standard moral theories hence deny that such offsetting succeeds. Indeed, we show that any moral theory that allows offsetting in this setting faces a dilemma between allowing any wrong to be offset, no matter how grievous, and recognising an implausibly sharp discontinuity between offsettable actions and non-offsettable actions. The most plausible response is to accept that carbon offsetting fails to right our climate wrongs. (shrink)

Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the validity (...) conditions for rules in legal systems, but it has not been used to understand legal order outside or beyond the state. This article aims to use legal positivism to conceptualize a transnational commercial law order. Prevailing positivist accounts at least implicitly condition legal order on state sovereignty. The article offers a cosmopolitan conception of legal positivism, in which the state is no longer an enabling condition for law. The cosmopolitan conception provides the means by which to adequately describe a transnational commercial law order. There are limits to the conceptual analysis this article provides, one of which is that it does not purport to evaluate the justice or morality of transnational legal order. But the cosmopolitan conception of legal positivism elucidated in this article stands on its own as a way of understanding a number of transnational legal orders other than commercial law. The attractiveness of the account is that it describes law as a human social practice even when it is not solely the product of the state, so that we do not have to rely on natural law theories to understand legal rules that states do not maintain. (shrink)