Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first two (...) sections interpret two texts at the intersections among these three theories, namely Percy Bysshe Shelley’s “A Defense of Poetry” and Alexis de Tocqueville’s Democracy in America. Shelley identifies a poetic rebirth in the ruins of natural law, suggesting a philosophy of law as “natural poesis.” And Tocqueville names several figurative aristocracies capable of redeploying aristocratic law against democratic despotism, suggesting a philosophy of law as “aristo-poetic counterforce.” Finally, I propose a new theory of law as poetry bridging these two theories, “natural aristo-poetic counterforce.”. (shrink)

Comparative religion scholar Thomas Berry’s influential concept of “Earth jurisprudence” has been helpfully elaborated in three principal books. My first section identifies four of their common themes, deriving therefrom an implicit narrative: (1) the basis of ecology is autopoiesis, which (2) originally generated human communities and Indigenous vernacular laws, which were (3) later reasserted by forest defenders who fought to create the Magna Carta’s “Charter of the Forest,” which is (4) now championed globally by the Indian physicist and eco-activist Vandana (...) Shiva’s Earth Democracy movement. My next three sections identify mutually exclusive elements of the three books, deriving the following alternative narrative: self-conscious new dancing rituals (Cullinan) could empower an historically informed reconstruction of private property (Burdon) via commons-based vernacular law (Weston and Bollier). And my conclusion offers one template for such a strategy, namely a new environmental variation on my dancing-poetic conception of legal justice, christened “emerald star-law.”. (shrink)

In this article, I build on my recent conceptions of law as poetry and of justice as dance by articulating three new conceptions of the relationship between law and justice. In the first, “poetry-based justice”, justice consists of a rigid choreography to a kind of musical recitation of the law’s poetry. In the second, “dancing-based law”, justice consists of spontaneous, freely improvised movement patterns that the poetry of the law tries to capture in a kind of musical notation. And in (...) the third, “reciprocal-legal justice”, justice and law consist of a reciprocally determining artistic collaboration between the democratic dancing masses and the aristocratic poetising elites. Given that each of these predominates in one of three types of community, I then present a reclassification of right-leaning, centrist and leftist societies as dominated by “literalist”, “kinetic” and “mutualist” communities (respectively), and offer suggestions for legislators and activists working in each type. In conclusion, law and justice, qua poetry and dance, become more flexible, inclusive and open to creative improvising and collaboration, a new form that I name, after Astraea, Greek goddess of divine justice, “astral legal justice”. (shrink)

In this paper I argue that although the Republic’s tripartite theory of the soul is not explicitly endorsed in Plato’s late work the Laws, it continues to inform the Laws from beneath the surface of the text. In particular, I argue that the spirited part of the soul continues to play a major role in moral education and development in the Laws (as it did in earlier texts, where it is characterized as reason’s psychic ‘ally’). I examine the programs of (...) musical and gymnastic education in the Laws and highlight parallels to the accounts of the spirited part of the soul and its role in moral education and virtue that are offered in Republic and Timaeus. I also examine the educational role given to the laws themselves in Magnesia, and I suggest that the education provided through them is largely directed at the spirited part of the soul as well. (shrink)

In this article, I explore two neglected works by the twentieth-century Jewish German Marxist philosopher Ernst Bloch, Avicenna and the Aristotelian Left and Natural Law and Human Dignity. Drawing on previous analyses of leftist Aristotelians and natural law, I blend Bloch’s two texts’ concepts of pregnant matter and maternal law into “pregnant materialist natural law.” More precisely, Aristotelian Left articulates a concept of matter as a dynamic, impersonal agential force, ever pregnant with possible forms delivered by artist-midwives, building Bloch’s messianic (...) utopia. And Natural Law resurrects the Stoics’ concept of natural law as drawing on a prehistoric matriarchal utopia, later channeled by earth goddess cults misconstrued by the nineteenth-century German anthropologist Johann Jakob Bachofen as political matriarchy. I then conclude by linking this pregnant materialist natural law to Dionysus as son of the Great Mother Goddess. Though stigmatized throughout homophobic Western history for his queerness and maternal dependence, Dionysus is also the patron god of Bloch’s hero, the slave revolutionary Spartacus, paramour of a priestess of Dionysus who prophesied his divine mission of liberation. (shrink)

Margaret Gilbert’s work on sociality covers a wide range of topics, and as she puts it “addresses matters of great significance to several philosophical specialties – including ethics, epistemology, political philosophy, philosophy of science, and philosophy of law – and outside philosophy as well” (Gilbert 2013, p. 1). Herein I argue that Mark Greenberg’s recent call to eliminate the problem of legal normativity is well motivated. Further, I argue that Gilbert’s work on joint commitment, and more specifically obligations of joint (...) commitment, allows us to move beyond the problem of legal normativity while cashing out H.L.A. Hart’s thesis that moral and legal obligations are distinct. (shrink)

The main message of Neuroethics is that neuroscience forces us to reconceptualize human agency as marvelously diverse and flexible. Free will can arise from unconscious brain processes. Individuals with mental disorders, including addiction and psychopathy, exhibit more agency than is often recognized. Brain interventions should be embraced with cautious optimism. Our moral intuitions, which arise from entangled reason and emotion, can generally be trusted. Nevertheless, we can and should safely enhance our brain chemistry, partly because motivated reasoning crops up in (...) everyday life and in the practice of neuroscience itself. Despite serious limitations, brain science can be useful in the courtroom and marketplace. Recognizing all this nuance leaves little room for anxious alarmism or overhype and urges an emphasis on neurodiversity. The result is a highly opinionated tour of neuroethics as an exciting field full of implications for philosophy, science, medicine, law, and public policy. (shrink)

In this paper I challenge the commonly held view that Plato acknowledges and accepts the possibility of akrasia in the Laws. I offer a new interpretation of the image of the divine puppet in Book 1 - the passage often read as an account of akratic action -- and I show that it is not intended as an illustration of akrasia at all. Rather, it provides the moral psychological background for the text by illustrating a broader notion of self-rule as (...) a virtuous condition of the soul (and lack of self-rule as a vicious condition). I examine key discussions in the Laws in order to show how Plato makes use of this broader notion of self-rule throughout the dialogue, and I argue that nothing Plato says in the Laws commits him to the possibility of akrasia. One significant consequence of my interpretation of the puppet passage is that it avoids the need to posit developmentalism in Plato's late views about the embodied human soul, as some recent commentators have done: the moral psychology of the Laws, on my reading, is not incompatible with the Republic's tripartite theory of the soul. (shrink)

In this paper I argue that, despite what many commentators have concluded, Plato’s division of three psychological “causes” of criminal behavior at Laws 863b1-e3 (anger, pleasure, and ignorance) is not intended to invoke the tripartite theory of the soul. I suggest that the focus of the division is on an alternative moral psychological picture, one which is better suited to the criminal penology of Book 9. However, I argue, this alternative picture is nonetheless consistent with tripartite theory.

Bringing a unique perspective to the burgeoning ethical and legal issues surrounding the presence of artificial intelligence in our daily lives, the book uses theory and practice on animal rights and the rights of nature to assess the status of robots. -/- Through extensive philosophical and legal analyses, the book explores how rights can be applied to nonhuman entities. This task is completed by developing a framework useful for determining the kinds of personhood for which a nonhuman entity might be (...) eligible, and a critical environmental ethic that extends moral and legal consideration to nonhumans. The framework and ethic are then applied to two hypothetical situations involving real-world technology—animal-like robot companions and humanoid sex robots. Additionally, the book approaches the subject from multiple perspectives, providing a comparative study of legal cases on animal rights and the rights of nature from around the world and insights from structured interviews with leading experts in the field of robotics. Ending with a call to rethink the concept of rights in the Anthropocene, suggestions for further research are made. -/- An essential read for scholars and students interested in robot, animal and environmental law, as well as those interested in technology more generally, the book is a ground-breaking study of an increasingly relevant topic, as robots become ubiquitous in modern society. (shrink)

Are properties perfectly natural (or not) relative to worlds, or are they perfectly natural (or not) tout court? That is, could there be a property P that is instanti-ated at worlds w1 and w2, and is perfectly natural at w1 but not at w2? Here, we offer an original argument for the non-world-relativity of perfect naturalness. Along the way, we reply to a prima facie compelling argument for the contin-gency of perfect naturalness, based upon the connection between natural prop-erties and (...) laws of nature. (shrink)

Relational egalitarians differ from distributive egalitarians by focusing on the structure of social relationships—a just society is one in which citizens relate as equals. While we can relate (un)equally along different dimensions, the importance of relating as aesthetic equals has been underexplored. Here, I offer an account of aesthetic equality in relational egalitarian terms. I argue that, to relate as aesthetic equals, individuals must be subject to the same basic normative aesthetic rules, not be stigmatized or feel inferior because of (...) their aesthetic standing, and not suffer certain material harms because of their aesthetic standing. Thus, a society of aesthetic equals would not have oppressive beauty norms. It would also address discrimination against the aesthetically disadvantaged, or lookism. The distinctly relational egalitarian conception of aesthetic equality considered here provides a novel framework for distinguishing between permissible and unjust inequalities of bodily beauty. The relational approach also reveals that while redistribution may not be sufficient to fully address lookism, aesthetic equality can be achieved without radical revision or total rejection of our current conception of beauty. (shrink)

In this article, I identify some good-making features of a deliberative democratic theory. The article will proceed as follows: First, I present both some important insights and some shortcomings of Rawls’ theory. I then present Robert Talisse’s account, focusing on how Talisse both accommodates what is right about Rawls while avoiding some of Rawls’ weaknesses. Finally, some positive claims are made about what an adequate deliberative theory might look like.

This article is part of a larger project that explores how to channel people’s passion for popular arts into legal social justice by reconceiving law as a kind of poetry and justice as dance, and exploring different possible relationships between said legal poetry and dancing justice. I begin by rehearsing my previous new conception of social justice as organismic empowerment, and my interpretive method of dancing-with. I then apply this method to the following four “ethico-political choreographies of justice”: the choral (...) dance of souls qua winged chariot-teams, a dancingly beautiful friendship with the community, a tightrope-dance of the cool, and humans dancingly reimagined as positioned actors in fluidly moving groups. I then synthesize these analyses into “dancing justice,” defined as the dynamic equilibrium sustained by a critical mass of a community’s members comporting themselves like social dancers. (shrink)

This article aims to provide an a priori argument—termed the Flourishment Argument, for the veracity of the Christian conception of the Abrahamic religion that centres on God’s action of sending a divine and atoning prophet into the world. This specific informal argument will be presented through the formulation of a set of a priori reasons for why God would seek to interact with the world—developed in light of the work of Richard Swinburne, John Finnis, Linda Zagzebski and Alexander Pruss—which, in (...) combination, will provide individuals with grounds for believing in the veracity of these important Christian teachings. (shrink)

A debate about whether all children are entitled to an “equal” or an “adequate” education has been waged at the forefront of school finance policy for decades. In an era of budget deficits and harsh cuts in public education, I submit that it is time to move on. Equality of educational opportunity has been thought to require equal spending per pupil or spending adjusted to the needs of differently situated children. Adequacy has been understood as a level of spending sufficient (...) to satisfy some absolute, rather than relative, educational threshold. In practice, however, many courts interpreting their state’s constitutional obligations have fused the equality and adequacy theories. Certain federal laws express principles of both doctrines. And gradually, more advocates and scholars have come to endorse hybrid equality-adequacy approaches. Still, the debate persists over seemingly intractable conceptual precepts and their political and legal ramifications. Tracking the philosophical origins and evolution of equality and adequacy as legal doctrines, I explain the significance of their points of convergence and argue that the few points of divergence are untenable in practice. Equality of educational opportunity should not be interpret-ed as pursuing equal chances for educational achievement for all children, because that ideal is infeasible. Nor should educational adequacy be interpreted as completely indifferent to objectionable inequalities that can be feasibly curtailed. Properly conceived, equality and adequacy are not merely congruent but reciprocal. That is, children are owed an education that is adequately equal and equally adequate. (shrink)

Over the years, companies have adopted hiring algorithms because they promise wider job candidate pools, lower recruitment costs and less human bias. Despite these promises, they also bring perils. Using them can inflict unintentional harms on individual human rights. These include the five human rights to work, equality and nondiscrimination, privacy, free expression and free association. Despite the human rights harms of hiring algorithms, the AI ethics literature has predominantly focused on abstract ethical principles. This is problematic for two reasons. (...) First, AI principles have been criticized for being vague and not actionable. Second, the use of vague ethical principles to discuss algorithmic risks does not provide any accountability. This lack of accountability creates an algorithmic accountability gap. Closing this gap is crucial because, without accountability, the use of hiring algorithms can lead to discrimination and unequal access to employment opportunities. This paper makes two contributions to the AI ethics literature. First, it frames the ethical risks of hiring algorithms using international human rights law as a universal standard for determining algorithmic accountability. Second, it evaluates four types of algorithmic impact assessments in terms of how effectively they address the five human rights of job applicants implicated in hiring algorithms. It determines which of the assessments can help companies audit their hiring algorithms and close the algorithmic accountability gap. (shrink)

According to the Thomistic tradition, the Principle of Totality (TPoT) articulates a secondary principle of natural law which guides the exercise of human ownership or dominium over creation. In its general signification, TPoT is a principle of distributive justice determining the right ordering of wholes to their parts. In the medical field it is traditionally understood as entailing an absolute prohibition of bodily mutilation as irrational and immoral, and an imperfect obligation to use the parts of one’s body for the (...) perfection of the bodily whole. TPoT is thus a key element of the system of principles within which an individual exercises her right to life: it helps specify the nature, scope and limits of those actions by which an agent permissibly acts in order to preserve her life. While the Thomistic tradition and the Catholic Church have drawn clear conclusions from the principle regarding, e.g., direct sterilization and non-therapeutic experimentation on human subjects, less attention has been given to the implications of TPoT for non-therapeutic procedures that may positively impact biological functioning or supra-biological goals–that is, for human “enhancement.” We will explore the degree to which TPoT non-univocally guides our use of both artifacts and bodies. We will argue that a careful analysis of these distinct kinds of totalities suggests that the application of TPoT to artifacts and bodies is strongly isomorphic, which is what tempts advocates of the Principle of Autonomy to invalidly infer the absolute dominium of the individual over her body. The inference is invalid because this isomorphism also includes a principle of intrinsic value whose function is to resist the instrumentalization of both artifacts and bodies in some contexts; we are not even related to artifacts as advocates of absolute autonomy believe we are, let alone to our bodies. Rather, the limits of human dominium are determined by the nature and finalities, inherent or acquired, of the objects in question, and it will be argued that articulating these limits raises important, understudied, and fascinating questions about the permissibility of various kinds of human enhancement. (shrink)

A series of recent studies have explored the impact of people's judgments regarding physical law, morality, and probability. Surprisingly, such studies indicate that these three apparently unrelated types of judgments often have precisely the same impact. We argue that these findings provide evidence for a more general hypothesis about the kind of cognition people use to think about possibilities. Specifically, we suggest that this aspect of people's cognition is best understood using an idea developed within work in the formal semantics (...) tradition, namely the notion of modality. On the view we propose, people may have separate representations for physical, moral and probabilistic considerations, but they also integrate these various considerations into a unified representation of modality. (shrink)

Confronting persistent and widening inequality in educational opportunity, advocates have regarded the right to education as a linchpin for reform. In the forty years since the Supreme Court relegated that right to the domain of state constitutional law, its power has surged and faded in litigation challenging state school finance systems. Like so many of the students it is meant to protect, however, the right to education has generally underachieved, in part because those wielding it have not always appreciated its (...) distinctive forms and function. Deconstructed, the right to education held by children has been formulated doctrinally as both a claim-right, imposing affirmative duties on the state to act, and an immunity, disabling certain state action. These two strands—oft-manifested as the claim-right to educational “adequacy” and an immunity entailing “equality” of educational opportunity—once considered irreconcilable, are actually interlocked by the right’s core historical function to protect children’s liberty and equality interests. And yet the right to education is ill equipped to fulfill its protection function. Education clauses in state constitutions do not fix the standards for mutually enforcing equality and adequacy. This encumbers already-reluctant courts in addressing educational disparities and emboldens legislative resistance when they do. Appreciating that the right to education has a protection function entailing equality and liberty interests nevertheless suggests that the right can be adjudicated in a way that unifies the demands and guarantees of substantive due process and equal protection. That union holds the potential to ameliorate the enforcement standards thereby reconstituting the right to education as a mainstay of reform. (shrink)

Despite the ubiquity of bees in Dickinson’s work, most interpreters denigrate her nature poems. But following several recent scholars, I identify Nietzschean/Dionysian overtones in the bee poems and suggest the figure of bees/hive/queen illuminates as feminist key to her corpus. First, (a) the bee’s sting represents martyred death; (b) its gold, immortality; (c) its tongue, the “lesbian phallus”; (d) its wings, poetic power; (e) its buzz, poetic melody, and (f) its organism, a joyful Dionysian Susan (her sister-in-law and love interest) (...) to Emily’s flower. Second, the hive represents her individual poems (with slants/dashes as stingers, wings as hymn meter, honey as rhymes, variant words as exiled bees, and accompanying flowers their Darwinian coevolution with bees), constituting her writing persona as a multi-voiced self-swarm, as organized in the apiary of her letters and fascicles. And third, the queen represents her Western cultural and religious inheritance wherein bees are symbols of the soul, reincarnation, poetic-philosophical vocation, and a Nietzschean, trans-Dionysian naturalist ontology—symbolized by apiarian Artemis. (shrink)

There has been considerable debate in legal philosophy about how to attribute purposes to rules. Separately, within cognitive science, there has been a growing body of research concerned with questions about how people ordinarily attribute purposes. Here, we argue that these two separate fields might be connected by experimental jurisprudence. Across four studies, we find evidence for the claim that people use the same criteria to attribute purposes to physical objects and to rules. In both cases, purpose attributions appear to (...) be governed not so much by original intention or by moral value as by current practice. We argue that these findings in the cognitive science of purpose attribution have implications for jurisprudential questions involving purposivist legal interpretation. (shrink)

This article explores the history of Vodou from outlawed African dance to revolutionary magic to depoliticized national Haitian religion and popular dance, its present reduction to Diaspora interpersonal healing, and a possible future. My first section, on Kate Ramsey’s The Spirits and the Law: Vodou and Power in Haiti, reveals Vodou as a sociopolitical construction of racist legal oppression of Africana dances rituals, and artistic-political resistance thereto. My second section, on Karen McCarthy Brown’s Mama Lola: A Vodou Priestess in Brooklyn, (...) a “postmodern ethnography” of intersectional oppressions and Black female Haitian resistance in the Diaspora, foregrounds the figure of Gedelia, a feminist variant on Papa Gede, central Vodou spirit (lwa) of resurrection and healing. Finally, my last section, on the “observing participant” analyses of Black dance anthropologist Yvonne Daniel’s Dancing Wisdom: Embodied Knowledge in Haitian Vodou, Cuban Yoruba, and Bahian Candomblé, finds a dancing Gedelia in her centering of Oyá, a warrior spirit of storms and death. On this basis, I propose the figure of tornadic black angels as a possible magical tool (in Vodou, a pwen, or “point”) intended to re-spiritualize and thereby re-politicize the secularized and whitewashed social Latin dance called “salsa” for social justice. (shrink)

In contemporary bioethics, the autonomy of the patient has assumed considerable importance. Progressing from a more limited notion of informed consent, shared decision making calls upon patients to voice the desires and preferences of their authentic self, engaging in choice among alternatives as a way to exercise deeply held values. One influential opinion in Jewish bioethics holds that Jewish law, in contradistinction to secular bioethics, limits the patient's exercise of autonomy only in those instances in which treatment choices are sensitive (...) to preferences. Here, we analyze a discussion in the Mishna, a foundational text of rabbinic Judaism, regarding patient autonomy in the setting of religiously mandated fasting, and commentaries in the Babylonian and Palestinian Talmuds, finding both a more expansive notion of such autonomy and a potential metaphysical grounding for it in the importance of patient self-knowledge. (shrink)

The structure of my investigation is as follows. I will begin with Schopenhauer’s very brief explicit mention of dance, and then try to understand the exclusion of dance from his extended discussion of the individual arts. Toward this latter end I will then turn to Francis Sparshott essay, which situates Schopenhauer’s thought in terms of Plato’s privileging of dance (in the Laws) as the consummate participatory art, and which observes that Schopenhauer’s dance is that of Shiva, lord of death. In (...) light of these two moments, I will then offer a brief examination of the Laws’ account of dance, and two essays by Avanthi Meduri’s on classical Indian dance. Next, to help explain Schopenhauer’s negative position vis-à-vis Plato and Vedantic thought, I will invoke Schopenhauer’s own conception of madness qua disconnection. Finally, I will attempt to cure this “madness” in Schopenhauer—as Wendy did for Peter Pan when he lost his shadow and could not reattach it himself—by sewing together Schopenhauer’s conceptions of embodiment and music, and in effect reattaching the shadow to the body of Schopenhauer’s position on dance using the thread of his own philosophy. In short, I will show how even a thought as life-denying as Schopenhauer’s can—with the help of dance—overcome itself into life-affirmation. (shrink)

In a widely read essay, “For the Law, Neuroscience Changes Nothing and Everything,” Joshua Greene and Jonathan Cohen argue that the advance of neuroscience will result in the widespread rejection of free will, and with it – of retributivism. They go on to propose that consequentialist reforms are in order, and they predict such reforms will take place. We agree that retributivism should be rejected, and we too are optimistic that rejected it will be. But we don’t think that (...) such a development will have much to do with neuroscience – it won’t, because neuroscience is unlikely to show that we have no free will. We have two main aims in this paper. The first is to rebut various aspects of the case against free will. The second is to examine the case for consequentialist reforms. We take Greene and Cohen’s essay as a hobbyhorse, but our criticisms are applicable to neurodeterministic anti-free-willism in general. We first suggest that Greene and Cohen take proponents of free will to be committed to an untenable homuncular account of agency. But proponents of free will can dispense with such a commitment. In fact, we argue, it is Greene and Cohen who work with an overly simple account of free will. We sketch a more nuanced conception. We then turn to the proposal for consequentialist reforms. We argue that retributivism will fall out of favor not as a consequence of neuroscience-driven rejection of free will, but rather, as a result of a familiar feature of moral progress – the expanding circle of concern. In short, retributivism can and must die, but neuroscience will not kill it – humanity will. (shrink)

This special issue of HYPATIA: A Journal of Feminist Philosophy entitled "Women, Art, and Aesthetics" highlights the expanded range of topics at center stage in feminist philosophical inquiry to date (2003): recontextualizing women artists (essays by Patricia Locke, Eleanor Heartney, and Michelle Meagher), bodies and beauty (Ann J. Cahill, Sheila Lintott, Janell Hobson, Richard Shusterman, Joanna Frueh), art, ethics, politics, law (A. W. Eaton, Amy Mullin, L. Ryan Musgrave, Teresa Winterhalter), and review essays by Estella Lauter and Flo Leibowitz. Annotated (...) bibliography by Joshua Shaw. (shrink)

In this paper, we consider two different attempts to make an end run around the experimentalist challenge to the armchair use of intuitions: one due to Max Deutsch and Herman Cappelen, contending that philosophers do not appeal to intuitions, but rather to arguments, in canonical philosophical texts; the other due to Joshua Knobe, arguing that intuitions are so stable that there is in fact no empirical basis for the experimentalist challenge in the first place. We show that a closer (...) attention to philosophical practices reveal, in turn, that we cannot make sense of these philosophical texts as arguments all the way down; and that our methods are so sensitive to error that even a modest amount of instability is enough to raise deep methodological concerns. (shrink)

My topic is the intelligent guidance of action. In this paper I offer an empirically grounded case for four ideas: that [a] cognitive processes of practical reasoning play a key role in the intelligent guidance of action, [b] these processes could not do so without significant enabling work done by both perception and the motor system, [c] the work done by perceptual and motor systems can be characterized as the generation of information specialized for action guidance, which in turn suggests (...) that [d] the cognitive processes of practical reasoning that play a key role in the guidance of intelligent action are not the abstract, syllogistic ones philosophers often treat as the paradigm of practical reasoning. Rather, these cognitive processes are constrained by, and work well with, the specialized concepts outputted by perception and the feedback outputted by sensorimotor processes. (shrink)

Closure for justification is the claim that thinkers are justified in believing the logical consequences of their justified beliefs, at least when those consequences are competently deduced. Many have found this principle to be very plausible. Even more attractive is the special case of Closure known as Single-Premise Closure. In this paper, I present a challenge to Single-Premise Closure. The challenge is based on the phenomenon of rational self-doubt – it can be rational to be less than fully confident in (...) one's beliefs and patterns of reasoning. In rough outline, the argument is as follows: Consider a thinker who deduces a conclusion from a justified initial premise via an incredibly long sequence of small competent deductions. Surely, such a thinker should suspect that he has made a mistake somewhere. And surely, given this, he should not believe the conclusion of the deduction even though he has a justified belief in the initial premise. (shrink)

Necessarily, if S lacks the ability to exercise control, S is not an agent. If S is not an agent, S cannot act intentionally, responsibly, or rationally, nor can S possess or exercise free will. In spite of the obvious importance of control, however, no general account of control exists. In this paper I reflect on the nature of control itself. I develop accounts of control ’s exercise and control ’s possession that illuminate what it is for degrees of control (...) —that is, the degree of control an agent possesses or exercises in a given circumstance—to vary. Finally, I demonstrate the usefulness of the account on offer by showing how it generates a solution to a long-standing problem for causalist theories of action, namely, the problem of deviant causation. (shrink)

Recent empirical research seems to show that emotions play a substantial role in moral judgment. Perhaps the most important line of support for this claim focuses on disgust. A number of philosophers and scientists argue that there is adequate evidence showing that disgust significantly influences various moral judgments. And this has been used to support or undermine a range of philosophical theories, such as sentimentalism and deontology. I argue that the existing evidence does not support such arguments. At best it (...) suggests something rather different: that moral judgment can have a minor emotive function, in addition to a substantially descriptive one. (shrink)

We argue that any strong version of a knowledge condition on intentional action, the practical knowledge principle, on which knowledge of what I am doing (under some description: call it A-ing) is necessary for that A-ing to qualify as an intentional action, is false. Our argument involves a new kind of case, one that centers the agent’s control appropriately and thus improves upon Davidson’s well-known carbon copier case. After discussing this case, offering an initial argument against the knowledge condition, and (...) discussing recent treatments that cover nearby ground, we consider several objections. One we consider at some length maintains that although contemplative knowledge may be disconnected from intentional action, specifically practical knowledge of the sort Anscombe elucidated escapes our argument. We demonstrate that this is not so. Our argument illuminates an important truth, often overlooked in discussions of the knowledge-intentional action relationship: intentional action and knowledge have different levels of permissiveness regarding failure in similar circumstances. (shrink)

Hubert Dreyfus argues that explicit thought disrupts smooth coping at both the level of everyday tasks and of highly-refined skills. However, Barbara Montero criticises Dreyfus for extending what she calls the ‘principle of automaticity’ from our everyday actions to those of trained experts. In this paper, I defend Dreyfus’ account while refining his phenomenology. I examine the phenomenology of what I call ‘esoteric’ expertise to argue that the explicit thought Montero invokes belongs rather to ‘gaps’ between or above moments of (...) reflexive coping. However, I agree that the ‘principle of automaticity’ does not adequately capture the experience of performing such skills. Drawing on examples of expert performance in sport and improvised music and dance, I argue that esoteric action, at its best, is marked by a distinct state of non-conceptual awareness- an experience of spontaneity, flow and ‘owned-ness’- that distinguishes it from the automaticity of everyday actions. (shrink)

Jennifer Nagel (2010) has recently proposed a fascinating account of the decreased tendency to attribute knowledge in conversational contexts in which unrealized possibilities of error have been mentioned. Her account appeals to epistemic egocentrism, or what is sometimes called the curse of knowledge, an egocentric bias to attribute our own mental states to other people (and sometimes our own future and past selves). Our aim in this paper is to investigate the empirical merits of Nagel’s hypothesis about the psychology involved (...) in knowledge attribution. (shrink)

The burgeoning science of ethics has produced a trend toward pessimism. Ordinary moral thought and action, we’re told, are profoundly influenced by arbitrary factors and ultimately driven by unreasoned feelings. This book counters the current orthodoxy on its own terms by carefully engaging with the empirical literature. The resulting view, optimistic rationalism, shows the pervasive role played by reason, and ultimately defuses sweeping debunking arguments in ethics. The science does suggest that moral knowledge and virtue don’t come easily. However, despite (...) the heavy influence of automatic and unconscious processes that have been shaped by evolutionary pressures, we needn’t reject ordinary moral psychology as fundamentally flawed or in need of serious repair. Reason can be corrupted in ethics just as in other domains, but a special pessimism about morality in particular is unwarranted. Moral judgment and motivation are fundamentally rational enterprises not beholden to the passions. (shrink)

The paper studies in detail a precise formal construction of spacetime from matter suggested by the logician John Burgess. We presuppose a continuous and perdurantistic matter ontology. The result is a systematic method to translate claims about the geometry of a flat relativistic, or classical, spacetime into claims about geometrical relations between matter points. The approach is extended to electric and magnetic fields by treating them as multifields defined on matter, rather than as fields in the vacuum. A few tentative (...) suggestions are made to adapt the method to general relativity and to quantum theories. (shrink)

One necessary condition on any adequate account of perception is clarity regarding whether unconscious perception exists. The issue is complicated, and the debate is growing in both philosophy and science. In this paper we consider the case for unconscious perception, offering three primary achievements. First, we offer a discussion of the underspecified notion of central coordinating agency, a notion that is critical for arguments that purportedly perceptual states are not attributable to the individual, and thus not genuinely perceptual. We develop (...) an explication of what it is for a representational state to be available to central coordinating agency for guidance of behavior. Second, drawing on this explication, we place a more careful understanding of the attributability of a state to the individual in the context of a range of empirical work on vision-for-action, saccades, and skilled typing. The results place pressure on the skeptic about unconscious perception. Third, reflecting upon broader philosophical themes running through debates about unconscious perception, we highlight how our discussion places pressure on the view that perception is a manifest kind, rather than a natural kind. In doing so, we resist the tempting complaint that the debate about unconscious perception is merely verbal. (shrink)

Research on intuitions about philosophical thought experiments shows a striking pattern. Often, there are powerful intuitions on one side and also powerful intuitions on the exact opposite side. A question now arises about how to understand this pattern. One possible view would be that it is primarily a matter of different people having different intuitions. I present evidence for the view that this is not the correct understanding. Instead, I suggest, it is primarily a matter of individual people having *conflicting (...) intuitions*. That is, it is primarily a matter of individual people having an intuition on one side and also having an intuition on the opposite side. (shrink)

As COVID-19 spread, clinicians warned of mental illness epidemics within the coronavirus pandemic. Funding for digital mental health is surging and researchers are calling for widespread adoption to address the mental health sequalae of COVID-19. -/- We consider whether these technologies improve mental health outcomes and whether they exacerbate existing health inequalities laid bare by the pandemic. We argue the evidence for efficacy is weak and the likelihood of increasing inequalities is high. -/- First, we review recent trends in digital (...) mental health. Next, we turn to the clinical literature to show that many technologies proposed as a response to COVID-19 are unlikely to improve outcomes. Then, we argue that even evidence-based technologies run the risk of increasing health disparities. We conclude by suggesting that policymakers should not allocate limited resources to the development of many digital mental health tools and should focus instead on evidence-based solutions to address mental health inequalities. (shrink)

Richard Watson maintains that deep ecology suffers from an internal contradiction and should therefore be rejected. Watson contends that deep ecology claims to be non-anthropocentric while at the same time is committed to setting humans apart from nature, which is inherently anthropocentric. I argue that Watson’s objection arises out of a fundamental misunderstanding of how deep ecologist’s conceive of the ‘Self.’ Drawing on resources from Buddhism, I offer an understanding of the ‘Self’ that is fully consistent with deep ecology, and (...) does not lead to the anthropocentric contradiction that Watson identifies. The paper will proceed as follows: First, I articulate Watson’s objection, and briefly discuss the traditional deep ecology position. Next, I turn to a discussion of the ‘Self’ and show that there are conceptions of human nature that are not separate from ‘Nature.’ It will thus be shown that deep ecology is not inconsistent and need not be rejected. (shrink)

This article aims to provide a consistent explication of the doctrine of Divine Simplicity. To achieve this end, a re-construal of the doctrine is made within an “aspectival trope-theoretic” metaphysical framework, which will ultimately enable the doctrine to be elucidated in a consistent manner, and the Plantingian objections raised against it will be shown to be unproblematic.

Relationism is the view that our best physical theories can dispense with spacetime. To show the feasibility of relationism, philosophers have suggested a whole range of approaches, from the postulation of a physical plenum to the use of modality. Shamik Dasgupta has recently suggested using his Generalism to develop a relationist account of spacetime. This paper argues that Dasgupta’s Generalism offers no hope to the defenders of relationism. We first present Generalism in what we take to be its most perspicuous (...) formulation. We then discuss a recent argument by Sider (2020) against Generalism and show how to defuse it. Finally, we present a novel argument against Generalism based on Barrett’s criterion of parsimony (Barrett 2022). (shrink)

In the literature on assertion, there is a common assumption that having the knowledge that p is a sufficient condition for having the epistemic right to assert that p—call this the Knowledge is Sufficient for Assertion Principle, or KSA. Jennifer Lackey has challenged KSA based on several counterexamples that all, roughly, involve isolated secondhand knowledge. In this article, I argue that Lackey’s counterexamples fail to be convincing because her intuition that the agent in her counterexamples both has knowledge and do (...) not have the epistemic right to assert is wrong. The article will progress as follows: In section 2, I present Lackey’s argument. In section 3, I suggest some more general reasons for doubting that the agent in her counterexamples actually has knowledge. I then show that from a virtue theoretic and Edward Craig’s practical explication of knowledge perspectives the agent in Lackey’ s counterexamples does not know. Since the agent in Lackey’s counterexamples does not have knowledge, she has failed to convincingly prove that KSA is false. In section 4, I conclude by suggesting that, at most, what Lackey’s counterexamples demonstrate is a problem with a simplistic evidentialist and/or process reliabilist epistemology. (shrink)

The concept of acting intentionally is an important nexus where ‘theory of mind’ and moral judgment meet. Preschool children’s judgments of intentional action show a valence-driven asymmetry. Children say that a foreseen but disavowed side-effect is brought about 'on purpose' when the side-effect itself is morally bad but not when it is morally good. This is the first demonstration in preschoolers that moral judgment influences judgments of ‘on-purpose’ (as opposed to purpose influencing moral judgment). Judgments of intentional action are usually (...) assumed to be purely factual. That these judgments are sometimes partly normative — even in preschoolers — challenges current understanding. Young children’s judgments regarding foreseen side-effects depend upon whether the children process the idea that the character does not care about the side-effect. As soon as preschoolers effectively process the ‘theory of mind’ concept, NOT CARE THAT P, children show the side-effect effect.idea.. (shrink)

The Principle of Alternative Possibilities is the intuitive idea that someone is morally responsible for an action only if she could have done otherwise. Harry Frankfurt has famously presented putative counterexamples to this intuitive principle. In this paper, I formulate a simple version of the Principle of Alternative Possibilities that invokes a course-grained notion of actions. After warming up with a Frankfurt-Style Counterexample to this principle, I introduce a new kind of counterexample based on the possibility of time travel. At (...) the end of the paper, I formulate a more sophisticated version of the Principle of Alternative Possibilities that invokes a certain fine grained notion of actions. I then explain how this new kind of counterexample can be augmented to show that even the more sophisticated principle is false. (shrink)

I draw on neurobiological evidence to defend the rationalist thesis that moral judgments are essentially dependent on reasoning, not emotions (conceived as distinct from inference). The neuroscience reveals that moral cognition arises from domain-general capacities in the brain for inferring, in particular, the consequences of an agent’s action, the agent’s intent, and the rules or norms relevant to the context. Although these capacities entangle inference and affect, blurring the reason/emotion dichotomy doesn’t preferentially support sentimentalism. The argument requires careful consideration of (...) the empirical evidence (from neuroimaging to psychopathology) and philosophical analysis of the commitments of rationalism versus sentimentalism in ethics. (shrink)

Imagination plays a rich epistemic role in our cognitive lives. For example, if I want to learn whether my luggage will fit into the overhead compartment on a plane, I might imagine trying to fit it into the overhead compartment and form a justified belief on the basis of this imagining. But what explains the fact that imagination has the power to justify beliefs, and what is the structure of imaginative justification? In this paper, I answer these questions by arguing (...) that imaginings manifest an epistemic status: they are epistemically evaluable as justified or unjustified. This epistemic status grounds their ability to justify beliefs, and they accrue this status in virtue of being based on evidence. Thus, imaginings are best understood as justified justifiers. I argue for this view by way of showing how it offers a satisfying explanation of certain key features of imaginative justification that would otherwise be puzzling. I also argue that imaginings exhibit a number of markers of the basing relation, which further motivates the view that imaginings can be based on evidence. The arguments in this paper have theoretically fruitful implications not only for the epistemology of imagination, but for accounts of reasoning and epistemic normativity more generally. (shrink)

How can we make moral progress on factory farming? Part of the answer lies in human moral psychology. Meat consumption remains high, despite increased awareness of its negative impact on animal welfare. Weakness of will is part of the explanation: acceptance of the ethical arguments doesn’t always motivate changes in dietary habits. However, we draw on scientific evidence to argue that many consumers aren’t fully convinced that they morally ought to reduce their meat consumption. We then identify two key psychological (...) mechanisms—motivated reasoning and social proof—that lead people to resist the ethical reasons. Finally, we show how to harness these psychological mechanisms to encourage reductions in meat consumption. A central lesson for moral progress generally is that durable social change requires socially-embedded reasoning. (shrink)