This paper explores the role of generics in social cognition. First, we explore the nature and effects of the most common form of generics about social kinds. Second, we discuss the nature and effects of a less common but equally important form of generics about social kinds. Finally, we consider the implications of this discussion for how we ought to use language about the social world.

I introduce the phenomenon of "littleness" to French phenomenology which opens a way toward preparing for the the manifestation of the person, the saturated phenomenon par excellence.

In this paper, we defend two main claims. The first is a moderate claim: we have a negative duty to not use binary gender-specific pronouns he or she to refer to genderqueer individuals. We defend this with an argument by analogy. It was gravely wrong for Mark Latham to refer to Catherine McGregor, a transgender woman, using the pronoun he; we argue that such cases of misgendering are morally analogous to referring to Angel Haze, who identifies as genderqueer, as he (...) or she. The second is a radical claim: we have a negative duty to not use any gender-specific pronouns to refer to anyone, regardless of their gender identity. We offer three arguments in favor of this claim (which appeal to concerns about inegalitarianism and risk, invasions of privacy, and reinforcing essentialist ideologies). We also show why the radical claim is compatible with the moderate claim. Before concluding, we examine common concerns about incorporating either they or a neologism such as ze as a third-person singular gender-neutral pronoun. These concerns, we argue, do not provide sufficient reason to reject either the moderate or radical claim. (shrink)

Though Mathias Risse and Gabriel Wollner’s On Trade Justice admirably incorporates the history of European philosophy and U.S. government, their otherwise reasonable proposals rest on dubious grounds. The book derives both much of its appeal, and its primary vulnerability, from a cluster of central terms that are situated precariously at the intersection of metaphors and concepts, or what Lakoff and Johnson call “metaphorical concepts.” In this article, I explore the three most important such terms, as featured in the following paraphrase (...) of theirs: “Trade is an embedded ground of justice.” For each italicized term, I conclude, Risse and Wollner vacillate between its most conceptual and metaphorical meanings, thereby attempting to (a) stretch “trade” to identify prehistoric exchange with global capitalism, so as to (b) rebrand the contextual “ground” of this universal activity as a foundation, even though (c) foundations “embedded” in other foundations simply reduce to their lowest common denominator. The latter, in this case, is global capitalism, the most immoral practices of which they are thereby pressured to defend, including temporary forms of the very exploitation that they so persuasively reconceive and otherwise condemn. (shrink)

It is commonly said that some standards, such as morality, are ‘normatively authoritative’ in a way that other standards, such as etiquette, are not; standards like etiquette are said to be ‘not really normative’. Skeptics deny the very possibility of normative authority, and take claims like ‘etiquette is not really normative’ to be either empty or confused. I offer a different route to defeat skeptics about authority: instead of focusing on what makes standards like morality special, we should focus on (...) what makes standards like etiquette ‘not really normative’. I defend a fictionalist theory on which etiquette is ‘not really normative’ in roughly the same way that Sherlock is ‘not really a detective’, and show that fictionalism about some normative standards helps us explain the possibility of normative authority. (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)

A central debate in philosophy of race is between eliminativists and conservationists about what we ought do with ‘race’ talk. ‘Eliminativism’ is often defined such that it’s committed to holding that (a) ‘race’ is vacuous and races don’t exist, so (b) we should eliminate the term ‘race’ from our vocabulary. As a stipulative definition, that’s fine. But as an account of one of the main theoretical options in the debate, it’s a serious mistake. I offer three arguments for why eliminativism (...) should not be tethered to vacuity or error theory, and three arguments for why the view shouldn’t be understood in terms of eliminating the term ‘race’ from our vocabulary. Instead, I propose we understand the debate as concerning whether certain uses of ordinary race terms are typically wrong. This proposal is quite simple, and naturally suggested by the common gloss that eliminativism about ‘race’ is akin to a commonsensical view about 'witch' talk. But nonetheless, I argue that it offers a significant recharacterization of this core debate in philosophy of race. (shrink)

Majority rule is often regarded as an important democratic principle. But modern democracies divide voters into districts. So if the majority should rule, which majority should rule? Should it be the popular majority, or an electoral majority (i.e., either the majority of voters in the majority of districts, or the majority of voters in districts that contain the majority of the population)? I argue that majority rule requires rule by the popular majority. This view is not novel and may seem (...) obvious. But it is rarely defended, and often rejected. I defend it by arguing that this view about which majority should rule is best supported by the arguments for why the majority should rule, and best avoids the arbitrary and perverse verdicts of rule by electoral majorities. I close by considering the significant practical implications of the view. The Electoral College is often criticized on the basis that the winner of the popular vote doesn’t always win the election. But all district-based democracies have this feature, so all district-based democracies must be reformed if they are to satisfy the principle of majority rule. (shrink)

“X-Firsters” hold that there is some normative feature that is fundamental to all others (and, often, that there’s some normative feature that is the “mark of the normative”: all other normative properties have it, and are normative in virtue of having it). This view is taken as a starting point in the debate about which X is “on first.” Little has been said about whether or why we should be X-Firsters, or what we should think about normativity if we aren’t (...) X-Firsters. Hence the chapter’s two main goals. First, to provide a simple argument that one shouldn’t be an X-Firster about the normative domain, which starts with the observation that analogous views have dubious merits in analogous domains. Second, to offer an alternative view—taking normativity to be a determinable explained in terms of its determinates—that offers an interesting way to think about the structure and unity of normativity. (shrink)

Well-being measurements are frequently used to support conclusions about a range of philosophically important issues. This is a problem, because we know too little about the intervals of the relevant scales. I argue that it is plausible that well-being measurements are non-linear, and that common beliefs that they are linear are not truth-tracking, so we are not justified in believing that well-being scales are linear. I then argue that this undermines common appeals to both hypothetical and actual well-being measurements; I (...) first focus on the philosophical literature on prioritarianism and then discuss Kahneman’s Peak-End Rule as a systematic bias. Finally, I discuss general implications for research on well-being, and suggest a better way of representing scales. (shrink)

The distinction between objective and subjective reasons plays an important role in both folk normative thought and many research programs in metaethics. But the relation between objective and subjective reasons is unclear. This paper explores problems related to the unity of objective and subjective reasons for actions and attitudes and then offers a novel objectivist account of subjective reasons.

It is commonly held that p is a reason for A to ϕ only if p explains why A ought to ϕ. I argue that this view must be rejected because there are reasons for A to ϕ that would be redundant in any ex...

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)

We live in a world saturated in both racial and gendered divisions. Our focus is on one place where attitudes about these divisions diverge: language. We suspect most everyone would be horrified at the idea of adding race-specific pronouns, honorifics, generic terms, and so on to English. And yet gender-specific terms of the same sort are widely accepted and endorsed. We think this asymmetry cannot withstand scrutiny. We provide three considerations against incorporating additional race-specific terms into English, and argue that (...) these considerations also support eliminating the analogous gender-specific terms. With respect to these parts of speech, English should be no more gender-specific than it already is race-specific. (shrink)

The U.S. election in November 2016 raised and amplified doubts about first-past-the-post (“plurality rule”) electoral systems. Arguments against plurality rule and for alternatives like preferential voting tend to be consequentialist: it is argued that systems like preferential voting produce different, better outcomes. After briefly noting why the consequentialist case against plurality rule is more complex and contentious than it first appears, I offer an expressive alternative: plurality rule produces actual or apparent dilemmas for voters in ways that are morally objectionable, (...) and avoidable under preferential voting systems. This expressive case against plurality rule is both simpler and more ecumenical than its consequentialist counterpart, and it provides strong reasons to prefer alternatives to plurality rule. Moreover, it suggests a distinct way of evaluating different alternatives like preferential voting. (shrink)

The last two decades have seen a surge of support for normative quietism: most notably, from Dworkin, Nagel, Parfit and Scanlon. Detractors like Enoch and McPherson object that quietism is incompatible with realism about normativity. The resulting debate has stagnated somewhat. In this paper I explore and defend a more promising way of developing that objection: I’ll argue that if normative quietism is true, we can create reasons out of thin air, so normative realists must reject normative quietism.

We argue that generic generalizations about racial groups are pernicious in what they communicate (both to members of that racial group and to members of other racial groups), and may be central to the construction of social categories like racial groups. We then consider how we should change and challenge uses of generic generalizations about racial groups.

I argue that existing objectivist accounts of subjective reasons face systematic problems with cases involving probability and possibility. I then offer a diagnosis of why objectivists face these problems, and recommend that objectivists seek to provide indirect analyses of subjective reasons.

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)

The expressivist advances a view about how we explain the meaning of a fragment of language, such as claims about what we morally ought to do. Critics evaluate expressivism on those terms. This is a serious mistake. We don’t just use that fragment of language in isolation. We make claims about what we morally, legally, rationally, and prudentially ought to do. To account for this linguistic phenomenon, the expressivist owes us an account not just of each fragment of language, but (...) of how they weave together into a broader tapestry. I argue that expressivists face a dilemma in doing so: either they fail to explain the univocality of terms like 'ought', or they fail to explain when normative statements are and aren't inconsistent. (shrink)

Sarah McGrath argues that moral perception has an advantage over its rivals in its ability to explain ordinary moral knowledge. I disagree. After clarifying what the moral perceptualist is and is not committed to, I argue that rival views are both more numerous and more plausible than McGrath suggests: specifically, I argue that inferentialism can be defended against McGrath’s objections; if her arguments against inferentialism succeed, we should accept a different rival that she neglects, intuitionism; and, reductive epistemologists can appeal (...) to non-naturalist commitments to avoid McGrath’s counterexamples. (shrink)

Pronouns often convey information about a person’s social identity (e.g., gender). Consequently, pronouns have become a focal point in academic and public debates about whether pronouns should be changed to be more inclusive, such as for people whose identities do not fit current pronoun conventions (e.g., gender non-binary individuals). Here, we make an empirical contribution to these debates by investigating which social identities lay speakers think that pronouns should encode and why. Across four studies, participants were asked to evaluate different (...) types of real and hypothetical pronouns, including binary gender pronouns, race pronouns, and identity-neutral pronouns. We sampled participants from two languages with different pronoun systems: English (N = 1,120) and Turkish (N = 260). English pronouns commonly denote binary gender (e.g., he for men), whereas Turkish pronouns are identity-neutral (e.g., o for anyone). Participants’ reasoning about pronouns reflected both a familiarity preference (i.e., participants preferred the pronoun type used in their language) and—critically—participants’ social ideologies. In both language contexts, participants’ ideological beliefs that social groups are inherently distinct (essentialism) and should be hierarchal (social dominance orientation) predicted relatively greater endorsement of binary gender pronouns and race pronouns. A preregistered experimental study with an English-speaking sample showed that the relationship between ideology and pronoun endorsement is causal: Ideologies shape attitudes toward pronouns. Together, the present research contributes to linguistic and psychological theories concerning how people reason about language and informs policy-relevant questions about whether and how to implement language changes for social purposes. (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)

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)

What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements between these views precise, I show how linguistic (...) data militates against both rivals to the generic meaning view, and argue that this has significant implications for jurisprudence. (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)

It has often been suggested that people’s ordinary capacities for understanding the world make use of much the same methods one might find in a formal scientific investigation. A series of recent experimental results offer a challenge to this widely-held view, suggesting that people’s moral judgments can actually influence the intuitions they hold both in folk psychology and in causal cognition. The present target article distinguishes two basic approaches to explaining such effects. One approach would be to say that the (...) relevant competencies are entirely non-moral but that some additional factor (conversational pragmatics, performance error, etc.) then interferes and allows people’s moral judgments to affect their intuitions. Another approach would be to say that moral considerations truly do figure in workings of the competencies themselves. It is argued that the data available now favor the second of these approaches over the first. (shrink)

There are several important arguments in metaethics that rely on explanatory considerations. Gilbert Harman has presented a challenge to the existence of moral facts that depends on the claim that the best explanation of our moral beliefs does not involve moral facts. The Reliability Challenge against moral realism depends on the claim that moral realism is incompatible with there being a satisfying explanation of our reliability about moral truths. The purpose of this chapter is to examine these and related arguments. (...) In particular, this chapter will discuss four kinds of arguments – Harman’s Challenge, evolutionary debunking arguments, irrelevant influence arguments, and the Reliability Challenge – understood as arguments against moral realism. The main goals of this chapter are (i) to articulate the strongest version of these arguments; (ii) to present and assess the central epistemological principles underlying these arguments; and (iii) to determine what a realist would have to do to adequately respond to these arguments. (shrink)

Mandatory minimum sentencing provisions have been a feature of the U.S. justice system since 1790. But they have expanded considerably under the war on drugs, and their use has expanded considerably under the Trump Administration; some states are also poised to expand drug-related mandatory minimums further in efforts to fight the current opioid epidemic. In this paper I outline and evaluate three prominent arguments for and against the use of mandatory minimums in the war on drugs—they appeal, respectively, to proportionality, (...) consistency, and efficiency. I ultimately defend the view that the use of mandatory minimums in the war on drugs is unjust. -/- . (shrink)

The rise of experimental philosophy has placed metaphilosophical questions, particularly those concerning concepts, at the center of philosophical attention. X-phi offers empirically rigorous methods for identifying conceptual content, but what exactly it contributes towards evaluating conceptual content remains unclear. We show how x-phi complements Rudolf Carnap’s underappreciated methodology for concept determination, explication. This clarifies and extends x-phi’s positive philosophical import, and also exhibits explication’s broad appeal. But there is a potential problem: Carnap’s account of explication was limited to empirical and (...) logical concepts, but many concepts of interest to philosophers are essentially normative. With formal epistemology as a case study, we show how x-phi assisted explication can apply to normative domains. (shrink)

Mary Kate McGowan’s Just Words offers an interesting account of exercitives. On McGowan’s view, one of the things we do with words is change what’s permitted, and we do this ubiquitously, without any special authority or specific intention. McGowan’s account of exercitives is meant to identify a mechanism by which ordinary speech is harmful, and which justifies the regulation of such speech. It is here that I part ways. I make three main arguments. First, McGowan’s focus on harm is misguided; (...) that ordinary speech is harmful is harder to support, and in turn does not less to support conclusions about whether it is wrong and warrants regulation, than Just Words suggests. Second, if the speech is harmful, McGowan’s account of exercitives is ill-suited to explain why; the relevant instances of ordinary speech seem to express speakers’ views about moral norms, not change social norms. Third, McGowan’s argument for why ordinary speech should be regulated because it is a form of discrimination presupposes a great deal that is controversial about what makes discrimination wrong and legally actionable, and even if it is right it may license the regulation of more speech than many, including McGowan, would deem acceptable. (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)

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)

The extensive involvement of nonconscious processes in human behaviour has led some to suggest that consciousness is much less important for the control of action than we might think. In this article I push against this trend, developing an understanding of conscious control that is sensitive to our best models of overt action control. Further, I assess the cogency of various zombie challenges—challenges that seek to demote the importance of conscious control for human agency. I argue that though nonconscious contributions (...) to action control are evidently robust, these challenges are overblown. (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)

Since the publication of Timothy Williamson’s Knowledge and its Limits, knowledge-first epistemology has become increasingly influential within epistemology. This paper discusses the viability of the knowledge-first program. The paper has two main parts. In the first part, I briefly present knowledge-first epistemology as well as several big picture reasons for concern about this program. While this considerations are pressing, I concede, however, that they are not conclusive. To determine the viability of knowledge-first epistemology will require philosophers to carefully evaluate the (...) individual theses endorsed by knowledge-first epistemologists as well as to compare it with alternative packages of views. In the second part of the paper, I contribute to this evaluation by considering a specific thesis endorsed by many knowledge-first epistemologists – the knowledge norm of assertion. According to this norm, roughly speaking, one should assert that p only if one knows that p. I present and motivate this thesis. I then turn to a familiar concern with the norm: In many cases, it is intuitively appropriate for someone who has a strongly justified belief that p, but who doesn't know that p, to assert that p. Proponents of the knowledge norm of assertion typically explain away our judgments about such cases by arguing that the relevant assertion is improper but that the subject has an excuse and is therefore not blameworthy for making the assertion. I argue that that this response does not work. In many of the problem cases, it is not merely that the subject’s assertion is blameless. Rather, the subject positively ought to make the assertion. Appealing to an excuse cannot be used to adequately explain this fact. (Nor can we explain this fact by appealing to some other, quite different, consideration.) Finally, I conclude by briefly considering whether we should replace the knowledge norm of assertion with an alternative norm. I argue that the most plausible view is that there is no norm specifically tied to assertion. (shrink)

If a reliable testifier tells you that a song is beautiful or that an act is wrong, do you thereby have a reason to approve of the painting and disapprove of the agent's action? Many insist that we don’t: normative testimony does not give us reasons for affective attitudes like approval. This answer is often treated as a datum in the literatures on moral and aesthetic testimony. I argue that once we correct for a common methodological mistake in these literatures, (...) the answer must be Yes. I then show why this matters for the broader discussion of the puzzle(s) posed by deference to moral and aesthetic testimony. (shrink)

The legal reasons that bind a judge and the moral reasons that bind all persons can sometimes pull in different directions. There is perhaps no starker example of such judicial dilemmas than in criminal sentencing. Particularly where mandatory minimum sentences are triggered, a judge can be forced to impose sentences that even the judge regards as “immensely cruel, if not barbaric.” Beyond those directly harmed by overly harsh laws, some courts have recognized that “judges who, forced to participate in such (...) inhumane acts, suffer a loss of dignity and humanity as well.” When faced with such a judicial dilemma—a powerful tension between the judge’s legal and moral reasons—the primary question is what a judge can do to resolve it. We argue that the two standard responses—sacrificing morality to respect the law (“legalism”), or sacrificing the law to respect morality (“moralism”)—are unsatisfying. Instead, this Article defends an underexplored third response: rather than abandoning one ideal to maximally promote the other, we argue that judges should seek to at least minimally satisfy the demands of both. Judges should, in other words, look for and employ what we dub Satisficing Options. These are actions that enjoy sufficient support from both the legal reasons and the moral reasons, and thus are both legally and morally permissible—even if the acts in question would not strictly count as optimal by the lights of the law or morality. This common sensical response to the problem is not only underappreciated in the literature, but also has great practical import. Focusing on the sentencing context, this Article demonstrates that judicial dilemmas can be systematically resolved, mitigated or avoided through a range of concrete strategies that on their own or in conjunction can constitute Satisficing Options: these strategies include seeking out legally permitted but morally preferable interpretations of the law, expressing condemnation of unjust laws in dicta, and seeking assistance or cooperation from other actors to help defendants facing substantively unjust mandatory sentences. While these strategies can at times also go too far, we argue that in certain contexts they can be sufficiently defensible on both legal and moral grounds to be a justifiable response to judicial dilemmas. This Article thus provides both a novel theoretical framework for understanding the justification of judicial responses to unjust laws, as well as a practical a menu of options which judges can use to guide their responses to the judicial dilemmas that they are increasingly likely to encounter within our criminal justice system. (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)

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)

Within the existing metaphilosophical literature on experimental philosophy, a great deal of attention has been devoted to the claim that there are large differences in philosophical intuitions between people of different demographic groups. Some philosophers argue that this claim has important metaphilosophical implications; others argue that it does not. However, the actual empirical work within experimental philosophy seems to point to a very different sort of metaphilosophical question. Specifically, what the actual empirical work suggests is that intuitions are surprisingly robust (...) across demographic groups. Prior to empirical study, it seemed plausible that unexpected patterns of intuition found in one demographic group would not emerge in other demographic groups. Yet, again and again, empirical work obtains the opposite result: that unexpected patterns found in one demographic group actually emerge also in other demographic groups. I cite 30 studies that find this sort of robustness. I then argue that to the extent that metaphilosophical work is to engage with the actual findings from experimental philosophy, it needs to explore the implications of the surprising robustness of philosophical intuitions across demographic differences. (shrink)

This chapter argues that epistemic uses of the imagination are a sui generis form of reasoning. The argument proceeds in two steps. First, there are imaginings which instantiate the epistemic structure of reasoning. Second, reasoning with imagination is not reducible to reasoning with doxastic states. Thus, the epistemic role of the imagination is that it is a distinctive way of reasoning out what follows from our prior evidence. This view has a number of important implications for the epistemology of the (...) imagination. For one thing, it clarifies the epistemic role of widely invoked “constraints” on the imagination. For another, it highlights important and underappreciated disanalogies between how perceptual experiences and imaginings justify beliefs. Ultimately, the view that we can reason with imagination offers an illuminating and theoretically fruitful framework through which to understand the epistemic structure of the imagination. (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)

Drawing on the writings of the Jewish thinker, Abraham Joshua Heschel, I defend a partial response to the problem of divine hiddenness. A Jewish approach to divine love includes the thought that God desires meaningful relationship not only with individual persons, but also with communities of persons. In combination with John Schellenberg’s account of divine love, the admission of God’s desire for such relationships makes possible that a person may fail to believe that God exists not because of any (...) individual failing, but because the individual is a member of a larger community that itself is culpable. (shrink)

At least since the middle of the twentieth century, philosophers have tended to identify weakness of will with akrasia—i.e. acting, or having a disposition to act, contrary to one‘s judgments about what is best for one to do. However, there has been some recent debate about whether this captures the ordinary notion of weakness of will. Richard Holton (1999, 2009) claims that it doesn’t, while Alfred Mele (2010) argues that, to a certain extent, it does. As Mele recognizes, the question (...) about an ordinary concept here is one apt for empirical investigation. We evaluate Mele’s studies and report some experiments of our own in order to investigate what in the world the ordinary concept of weakness of will is. We conclude that neither Mele nor Holton (previously) was quite right and offer a tentative proposal of our own: the ordinary notion is more like a prototype or cluster concept whose application is affected by a variety of factors. (shrink)

In virtue of what are we justified in employing the rule of inference Modus Ponens? One tempting approach to answering this question is to claim that we are justified in employing Modus Ponens purely in virtue of facts concerning meaning or concept-possession. In this paper, we argue that such meaning-based accounts cannot be accepted as the fundamental account of our justification.

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)

We think of logic as objective. We also think that we are reliable about logic. These views jointly generate a puzzle: How is it that we are reliable about logic? How is it that our logical beliefs match an objective domain of logical fact? This is an instance of a more general challenge to explain our reliability about a priori domains. In this paper, I argue that the nature of this challenge has not been properly understood. I explicate the challenge (...) both in general and for the particular case of logic. I also argue that two seemingly attractive responses – appealing to a faculty of rational insight or to the nature of concept possession – are incapable of answering the challenge. (shrink)

Higher-order defeat occurs when one loses justification for one's beliefs as a result of receiving evidence that those beliefs resulted from a cognitive malfunction. Several philosophers have identified features of higher-order defeat that distinguish it from familiar types of defeat. If higher-order defeat has these features, they are data an account of rational belief must capture. In this article, I identify a new distinguishing feature of higher-order defeat, and I argue that on its own, and in conjunction with the other (...) distinguishing features, it favors an account of higher-order defeat grounded in non-evidential, ‘state-given reasons’ for belief. (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)