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)

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 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)

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)

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)

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)

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.

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)

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)

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)

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)

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)

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)

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.

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)

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)

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)

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)

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)

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)

Deleuze is prominent among those philosophers who pronounce that difference must be understood as ontologically prior to identity. He teaches that identity is a surface effect of difference, so to understand the basis of logico-mathematical idealities we must uncover their genesis in the fecundity of differentiation. Deleuze wants to offer a foundation of number and mathematics as a subversive, creative force, an affirmation of Nietzsche’s eternal return as the ‘roll of the dice’. But he begins too late. For Deleuze, virtual (...) intensities (Eternal Return) generate the logical , conceptual, theoretical, lawful principles for empirical domains, and then are held steady in the background, beyond the reach of the conceptual and logical patterns, which cancel them by freezing and isolating them. Applying Heidegger’s deconstruction of Nietzschean subjectivity to Deleuze’s project reveals intensities to function as subjective enframings of the species and parts that develop from them. Intensive processes posit , set in place and represent the qualities that steadily remain throughout the calculation of difference in degree. Deleuze does not appear to recognize that the iteration of extensive quantity is devoid of meaningful sense. His failure to make this distinction leads him to confuse mathematical with non-mathematical idealities and prevents him from locating the fundamental sense of extensive duration. What Husserl, and Heidegger after him, recognized is that numeration never counts anything but its own self-iteration, devoid of sense and meaning outside of the empty ‘same thing, different time’. To experience an object as meaningful beyond this ‘how much’ is to no longer attend to it as calculative, countable iteration, as persisting self-identical presence. What holds only for intensities in Deleuze’s understanding of the structure of time, that every change in degree is simultaneously a difference in kind, constitutes the irreducible, absolute essence of all duration. (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)

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)

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)

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 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)

It seems obvious that phenomenally conscious experience is something of great value, and that this value maps onto a range of important ethical issues. For example, claims about the value of life for those in a permanent vegetative state, debates about treatment and study of disorders of consciousness, controversies about end-of-life care for those with advanced dementia, and arguments about the moral status of embryos, fetuses, and non-human animals arguably turn on the moral significance of various facts about consciousness. However, (...) though work has been done on the moral significance of elements of consciousness, such as pain and pleasure, little explicit attention has been devoted to the ethical significance of consciousness. In this book Joshua Shepherd presents a systematic account of the value present within conscious experience. This account emphasizes not only the nature of consciousness, but the importance of items within experience such as affect, valence, and the complex overall shape of particular valuable experiences. Shepherd also relates this account to difficult cases involving non-humans and those with disorders of consciousness, arguing that the value of consciousness influences and partially explains the degree of moral status a being possesses, without fully determining it. The upshot is a deeper understanding of both the moral importance of phenomenal consciousness and its relations to moral status. This book will be of great interest to philosophers and students of ethics, bioethics, philosophy of psychology, philosophy of mind and cognitive science. (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)

[Selected as EDITOR'S CHOICE] Background: Extant surveys of people’s attitudes toward human reproductive cloning focus on moral judgments alone, not emotional reactions or sentiments. This is especially important given that some (esp. Leon Kass) have argued against such cloning on the grounds that it engenders widespread negative emotions, like disgust, that provide a moral guide. Objective: To provide some data on emotional reactions to human cloning, with a focus on repugnance, given its prominence in the literature. Methods: This brief mixed-method (...) study measures the self-reported attitudes and emotions (positive or negative) toward cloning from a sample of participants in the United States. Results: Most participants condemned cloning as immoral and said it should be illegal. The most commonly reported positive sentiment was by far interest/curiosity. Negative emotions were much more varied, but anxiety was the most common. Only about a third of participants selected disgust or repugnance as something they felt and an even smaller portion had this emotion come to mind prior to seeing a list of options. Conclusions: Participants felt primarily interested and anxious about human reproductive cloning. They did not primarily feel disgust or repugnance. This provides initial empirical evidence that such a reaction is not appropriately widespread. (shrink)

This article focuses on examining a particular method of Biblical Interpretation. This specific method is that of the Patristic Method of Biblical Interpretation, proposed by Richard Swinburne. The Patristic Method faces a specific issue, ‘the Authority’ Issue, which will thus be dealt with within this article by utilising the notion of epistemic authority, as conceptualised by Linda Zagzebski, and restating it within a Catholic interpretative framework. Doing this will thus enable the Patristic Method to be presented as a robust and (...) cogent contemporary method of Biblical Interpretation that offers a unified and accurate understanding of God's revelation in the Bible. (shrink)

I argue that the neural realizers of experiences of trying are not distinct from the neural realizers of actual trying . I then ask how experiences of trying might relate to the perceptual experiences one has while acting. First, I assess recent zombie action arguments regarding conscious visual experience, and I argue that contrary to what some have claimed, conscious visual experience plays a causal role for action control in some circumstances. Second, I propose a multimodal account of the experience (...) of acting. According to this account, the experience of acting is a temporally extended, co-conscious collection of agentive and perceptual experiences, functionally integrated and structured both by multimodal perceptual processing as well as by what an agent is, at the time, trying to do. (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)

Rational agents seem more confident in any possible event than in an impossible event. But if rational credences are real-valued, then there are some possible events that are assigned 0 credence nonetheless. How do we differentiate these events from impossible events then when we order events? de Finetti (1975), Hájek (2012) and Easwaran (2014) suggest that when ordering events, conditional credences and subset relations are as relevant as unconditional credences. I present a counterexample to all their proposals in this paper. (...) While their proposals order possible and impossible events correctly, they deliver the wrong verdict for disjoint possible events assigned equal positive credence. (shrink)

Advocates of the use of intuitions in philosophy argue that they are treated as evidence because they are evidential. Their opponents agree that they are treated as evidence, but argue that they should not be so used, since they are the wrong kinds of things. In contrast to both, we argue that, despite appearances, intuitions are not treated as evidence in philosophy whether or not they should be. Our positive account is that intuitions are a subclass of inclinations to believe. (...) Our thesis explains why intuitions play a role in persuasion and inquiry, without conceding that they are evidential. The account also makes predictions about the structure of intuitions that are confirmed by independent arguments. (shrink)

We are reliable about logic in the sense that we by-and-large believe logical truths and disbelieve logical falsehoods. Given that logic is an objective subject matter, it is difficult to provide a satisfying explanation of our reliability. This generates a significant epistemological challenge, analogous to the well-known Benacerraf-Field problem for mathematical Platonism. One initially plausible way to answer the challenge is to appeal to evolution by natural selection. The central idea is that being able to correctly deductively reason conferred a (...) heritable survival advantage upon our ancestors. However, there are several arguments that purport to show that evolutionary accounts cannot even in principle explain how it is that we are reliable about logic. In this paper, I address these arguments. I show that there is no general reason to think that evolutionary accounts are incapable of explaining our reliability about logic. (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)

Putnam’s vat argument is intended to show that I am not a permanently envatted brain. The argument holds promise as a response to vat scepticism, which depends on the claim that I do not know that I am not a permanently envatted brain. However, there is a widespread idea that the vat argument cannot fulfil this promise, because to employ the argument as a response to vat scepticism I would have to make assumptions about the content of the premises and/or (...) conclusion of the argument that beg the question against the sceptic. In this paper, I show that this idea is mistaken. (shrink)

I examine Hume’s ‘construal of the basic structure of human agency’ and his ‘analysis of human agency’ as they arise in his investigation of causal power. Hume’s construal holds both that volition is separable from action and that the causal mechanism of voluntary action is incomprehensible. Hume’s analysis argues, on the basis of these two claims, that we cannot draw the concept of causal power from human agency. Some commentators suggest that Hume’s construal of human agency is untenable, unduly skeptical, (...) or uniquely entailed by the limits of empiricism. However, as I argue, these criticisms depend either on a misunderstanding of Hume’s analysis of human agency or on a neglect of the historical context of his view. (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)

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)

In defending his interest-relative account of knowledge in Knowledge and Practical Interests (2005), Jason Stanley relies heavily on intuitions about several bank cases. We experimentally test the empirical claims that Stanley seems to make concerning our common-sense intuitions about these bank cases. Additionally, we test the empirical claims that Jonathan Schaffer seems to make in his critique of Stanley. We argue that our data impugn what both Stanley and Schaffer claim our intuitions about such cases are. To account for these (...) results, one must develop a better conception of the connection between a subject's interests and her body of knowledge than those offered by Stanley and Schaffer. (shrink)

Mill defines utilitarianism as the combination of a “theory of life” and a moral claim: only pleasure and freedom from pain are desirable as ends, and the promotion of happiness is the sole goal of moral action. So defined, utilitarianism is open to ad hominem pessimistic objection: a “theory of life” which entails the impossibility of happiness fits poorly with a morality centered on its promotion. The first two challenges Mill confronts in Utilitarianism share this pessimistic structure. Interestingly, however, these (...) challenges paint inverted pictures of the best utilitarian life: one suggests this life is satisfying but ignoble, the other that it is noble but unsatisfying. I explain Mill's treatment of both challenges as genuinely pessimistic interpretations of utilitarianism's “theory of life.” Read through the lens of Mill's engagement with pessimism, these challenges point to distinctive conceptions of dignity and satisfaction that play a significant role in Mill's ethics. (shrink)

The phenomenon of the little—the weak, the veiled, the lowly—is, by right, overlooked. Its revelation passes unnoticed while the self remains inflated. The arrival of the little awaits its selfless reducer, not the nihilating selflessness of an absolute alterity but a way of becoming little which occasions its fullest manifestation. So little, so revealed. I advance toward a phenomenology of becoming little according to its spirituality’s namesake, Thérèse of Lisieux. I build on the phenomenologies of Emmanuel Levinas and Jean-Luc Marion (...) pausing at three moments along the way: the return to childhood; the discovery, after me, of self-confidence; and an imbalanced audacity. The upshot is that the significance of the little is big: littleness makes possible the immanent glimpse of unconditional revelation, a glimpse of beauty. (shrink)

A novel advantage of the use of machine learning (ML) systems in medicine is their potential to continue learning from new data after implementation in clinical practice. To date, considerations of the ethical questions raised by the design and use of adaptive machine learning systems in medicine have, for the most part, been confined to discussion of the so-called “update problem,” which concerns how regulators should approach systems whose performance and parameters continue to change even after they have received regulatory (...) approval. In this paper, we draw attention to a prior ethical question: whether the continuous learning that will occur in such systems after their initial deployment should be classified, and regulated, as medical research? We argue that there is a strong prima facie case that the use of continuous learning in medical ML systems should be categorized, and regulated, as research and that individuals whose treatment involves such systems should be treated as research subjects. (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)

I argue for the existence of imaginative beliefs: mental states that are imaginative in format and doxastic in attitude. I advance two arguments for this thesis. First, there are imaginings that play the functional roles of belief. Second, there are imaginings that play the epistemic roles of belief. These arguments supply both descriptive and normative grounds for positing imaginative beliefs. I also argue that this view fares better than alternatives that posit distinct imaginative and doxastic states to account for the (...) same phenomena. Along the way, I demonstrate the theoretical significance of imaginative beliefs by showing how they pose a challenge for standard taxonomies of the mind, clarify the sense in which imagination is occurrent and voluntary, explain the justificatory role of the imagination, and point to a deep but underappreciated symmetry between imagistic and non-imagistic thought. (shrink)

Here, I review work from three lines of research in cognitive science often taken to threaten free will and moral responsibility. This work concerns conscious deciding, the experience of acting, and the role of largely unnoticed situational influences on behavior. Whether this work in fact threatens free will and moral responsibility depends on how we ought to interpret it, and depends as well on the nature of free and responsible behavior. I discuss different ways this work has been interpreted and (...) argue that though work on conscious deciding and the experience of acting presents no real threat, work on situational influences is more difficult to dismiss. This work may present a real threat, and it may require us to revise our commonsense understanding of free and responsible behavior. But this work may also present ways to augment free and responsible behavior. Determining whether and how advancing science threatens, enhances, or simply describes free will is an ongoing task for scientists and philosophers alike. (shrink)

An influential objection to the epistemic power of the imagination holds that it is uninformative. You cannot get more out of the imagination than you put into it, and therefore learning from the imagination is impossible. This paper argues, against this view, that the imagination is robustly informative. Moreover, it defends a novel account of how the imagination informs, according to which the imagination is informative in virtue of its analog representational format. The core idea is that analog representations represent (...) relations ‘for free,’ and this explains how the imagination can contain more information than is put into it. This account makes important contributions to both philosophy of mind, by showing how the imagination can generate new content that is not represented by a subject’s antecedent mental states, and epistemology, by showing how the imagination can generate new justification that is not conferred by a subject’s antecedent evidence. (shrink)