Do participants in shared activity have mutual obligations to do their bit? This article shows this question has no one-size-fits-all answer and offers a pluralist account of the normativity of shared agency. The first part argues obligations to do one's bit have three degrees of involvement in shared activity. Such obligations might, obviously, bolster co-participants’ resolve to act as planned (degree 1). Less obviously, there also are higher and lower degrees of involvement. Obligations to do one's bit might provide our (...) agency-pooling mechanism. When they do, we act together by virtue of satisfying them (degree 2). Conversely, some shared activities involve no obligation (degree 0). In the second part, I argue shared agency theory is best served by a non-moralistic conception of obligation, one on which co-participants’ obligations need be neither strict-performance obligations, nor directed ones. Overall, my arguments suggest that we can choose how to coordinate normatively our shared activities. (shrink)

Research programs in empirical psychology from the past two decades have revealed implicit biases. Although implicit processes are pervasive, unavoidable, and often useful aspects of our cognitions, they may also lead us into error. The most problematic forms of implicit cognition are those which target social groups, encoding stereotypes or reflecting prejudicial evaluative hierarchies. Despite intentions to the contrary, implicit biases can influence our behaviours and judgements, contributing to patterns of discriminatory behaviour. These patterns of discrimination are obviously wrong and (...) unjust. But in remedying such wrongs, one question to be addressed concerns responsibility for implicit bias. Unlike some paradigmatic forms of wrongdoing, such discrimination is often unintentional, unendorsed, and perpetrated without awareness; and the harms are particularly damaging because they are cumulative and collectively perpetrated. So, what are we to make of questions of responsibility? In this article, we outline some of the main lines of recent philosophical thought, which address questions of responsibility for implicit bias. We focus on (a) the kind of responsibility at issue; (b) revisionist versus nonrevisionist conceptions of responsibility as applied to implicit bias; and (c) individual, institutional, and collective responsibility for implicit bias. (shrink)

Philosophers who have written about implicit bias have claimed or implied that individuals are not responsible, and therefore not blameworthy, for their implicit biases, and that this is a function of the nature of implicit bias as implicit: below the radar of conscious reflection, out of the control of the deliberating agent, and not rationally revisable in the way many of our reflective beliefs are. I argue that close attention to the findings of empirical psychology, and to the conditions for (...) blameworthiness, does not support these claims. I suggest that the arguments for the claim that individuals are not liable for blame are invalid, and that there is some reason to suppose that individuals are, at least sometimes, liable to blame for the extent to which they are influenced in behaviour and judgment by implicit biases. I also argue against the claim that it is counter-productive to see bias as something for which individuals are blameworthy; rather, understanding implicit bias as something for which we are liable to blame could be constructive. (shrink)

The term 'implicit bias' has very swiftly been incorporated into philosophical discourse. Our aim in this paper is to scrutinise the phenomena that fall under the rubric of implicit bias. The term is often used in a rather broad sense, to capture a range of implicit social cognitions, and this is useful for some purposes. However, we here articulate some of the important differences between phenomena identified as instances of implicit bias. We caution against ignoring these differences: it is likely (...) they have considerable significance, not least for the sorts of normative recommendations being made concerning how to mitigate the bad effects of implicit bias. (shrink)

Which political principles should govern global politics? In his new book, Simon Caney engages with the work of philosophers, political theorists, and international relations scholars in order to examine some of the most pressing global issues of our time. Are there universal civil, political, and economic human rights? Should there be a system of supra- state institutions? Can humanitarian intervention be justified?

Our focus here is on whether, when influenced by implicit biases, those behavioural dispositions should be understood as being a part of that person’s character: whether they are part of the agent that can be morally evaluated.[4] We frame this issue in terms of control. If a state, process, or behaviour is not something that the agent can, in the relevant sense, control, then it is not something that counts as part of her character. A number of theorists have argued (...) that individuals do not have control, in the relevant sense, over the operation of implicit bias. We will argue that this claim is mistaken. We articulate and develop a notion of control that individuals have with respect to implicit bias, and argue that this kind of control can ground character-based evaluation of such behavioural dispositions. (shrink)

We explore the relationship between jurisprudential theories pertaining to the nature of law and semantic and metasemantic theories pertaining to the meaning of ‘law’ in the wake of Dworkin’s notorious Semantic Sting argument in Law’s Empire (HUP 1986). Along the way we delineate various aspects of the semantic and metasemantic underpinnings of ‘law’ as an artifact term and advance the general methodological point that jurisprudential inquiry is only negligibly constrained by the findings of semantic and metasemantic inquiry.

Philosophers have had a lot to say about blame, much less about praise. In this paper, I follow some recent authors in arguing that this is a mistake. However, unlike these recent authors, the reasons I identify for scrutinising praise are to do with the ways in which praise is, systematically, unjustly apportioned. Specifically, drawing on testimony and findings from social psychology, I argue that praise is often apportioned in ways that reflect and entrench existing structures of oppression. Articulating what (...) is going wrong here helps us to see what to do about it. (shrink)

Scientific realism driven by inference to the best explanation (IBE) takes empirically confirmed objects to exist, independent, pace empiricism, of whether those objects are observable or not. This kind of realism, it has been claimed, does not need probabilistic reasoning to justify the claim that these objects exist. But I show that there are scientific contexts in which a non-probabilistic IBE-driven realism leads to a puzzle. Since IBE can be applied in scientific contexts in which empirical confirmation has not yet (...) been reached, realists will in these contexts be committed to the existence of empirically unconfirmed objects. As a consequence of such commitments, because they lack probabilistic features, the possible empirical confirmation of those objects is epistemically redundant with respect to realism. (shrink)

Recent empirical research has substantiated the finding that very many of us harbour implicit biases: fast, automatic, and difficult to control processes that encode stereotypes and evaluative content, and influence how we think and behave. Since it is difficult to be aware of these processes - they have sometimes been referred to as operating 'unconsciously' - we may not know that we harbour them, nor be alert to their influence on our cognition and action. And since they are difficult to (...) control, considerable work is required to prevent their influence. We here focus on the implications of these findings for epistemology. We first look at ways in which implicit biases thwart our knowledge seeking practices (sections 1 & 2). Then we set out putative epistemic benefits of implicit bias, before considering ways in which epistemic practices might be improved (section 3). Finally, we consider the distinctive challenges that the findings about implicit bias pose to us as philosophers, in the context of feminist philosophy in particular (section 4). (shrink)

Should the state punish its disadvantaged citizens who have committed crimes? Duff has recently argued that where disadvantage persists the state loses its authority to hold individuals to account and to punish for criminal wrongdoings. I here scrutinize Duff’s argument for the claim that social justice is a precondition for the legitimacy of state punishment. I sharpen an objection to Duff’s argument: with his framework, we seem unable to block the implausible conclusion that where disadvantage persists the state lacks the (...) authority to punish any citizen for any crime. I then set out an alternative line of argument in support of the claim that social deprivation can threaten the states legitimate punitive authority. I argue that a penal system must incorporate certain proportionality principles, and that these principles cannot both be met where citizens suffer from deprivation. (shrink)

According to the B-theory, the passage of time is an illusion. The B-theory therefore requires an explanation of this illusion before it can be regarded as fullysatisfactory; yet very few B-theorists have taken up the challenge of trying to provide one. In this paper I take some first steps toward such an explanation by first making a methodological proposal, then a hypothesis about a key element in the phenomenology of temporal passage. The methodological proposal focuses onthe representational content of the (...) element of experience by virtue of which time seems to pass. The hypothesis involves the claim that the experience of changeinvolves the representation of something enduring, rather than perduring, through any change. (shrink)

I explore the process of changes in the observability of entities and objects in science and how such changes impact two key issues in the scientific realism debate: the claim that predictively successful elements of past science are retained in current scientific theories, and the inductive defense of a specific version of inference to the best explanation with respect to unobservables. I provide a case-study of the discovery of radium by Marie Curie in order to show that the observability of (...) some entities can change and that such changes are relevant for arguments seeking to establish the reliability of success-to-truth inferences with respect to unobservables. (shrink)

The modern abundance and prominence of data has led to the development of “data science” as a new field of enquiry, along with a body of epistemological reflections upon its foundations, methods, and consequences. This article provides a systematic analysis and critical review of significant open problems and debates in the epistemology of data science. We propose a partition of the epistemology of data science into the following five domains: (i) the constitution of data science; (ii) the kind of enquiry (...) that it identifies; (iii) the kinds of knowledge that data science generates; (iv) the nature and epistemological significance of “black box” problems; and (v) the relationship between data science and the philosophy of science more generally. (shrink)

This chapter evaluates two competing views of morally responsible agency. The first view at issue is Vargas’s circumstantialism—on which responsible agency is a function of the agent and her circumstances, and so is highly context sensitive. The second view is McGeer’s scaffolded-responsiveness view, on which responsible agency is constituted by the capacity for responsiveness to reasons directly, and indirectly via sensitivity to the expectations of one’s audience (whose sensitivity may be more developed than one’s own). This chapter defends a version (...) of the scaffolded-responsiveness view, and develops two further claims. Firstly, moral responsibility should not be tied too closely to liability to praise or blame. Secondly, rather than revising our existing concept of responsibility, we would do better to ask what we want the concept of responsibility for. (shrink)

What is it for two people to think of an object, natural kind or other entity under the same mode of presentation (MOP)? This has seemed a particularly difficult question for advocates of the Mental Files approach, the Language of Thought, or other ‘atomistic’ theories. In this paper I propose a simple answer. I first argue that, by parallel with the synchronic intrapersonal case, the sharing of a MOP should involve a certain kind of epistemic transparency between the token thoughts (...) of the two thinkers. I then explain how shared words help bring about this transparency. Finally, I show how this account can be extended for thoughts expressed using demonstratives or indexicals. (shrink)

The main purpose of this paper is to refute the metaphysicians ‘methodological continuation’ argument supporting epistemic realism in metaphysics. This argument aims to show that scientific realists have to accept that metaphysics is as rationally justified as science given that they both employ inference to the best explanation, i.e. that metaphysics and science are methodologically continuous. I argue that the reasons given by scientific realists as to why inference to the best explanation is reliable in science do not constitute a (...) reason to believe that it is reliable in metaphysics. The justification of IBE in science and the justification of IBE in metaphysics are two distinct issues with only superficial similarities, and one cannot rely on one for the other. This becomes especially clear when one analyses the debate about the legitimacy of IBE that has taken place between realists and empiricists. The metaphysician seeking to piggyback on the realist defense of IBE in science by the methodological continuation argument presupposes that the defense is straightforwardly applicable to metaphysics. I will argue that it is, in fact, not. The favoured defenses of IBE in scientific realism make extensive use of empirical considerations, predictive power and inductive evidence, all of which are paradigmatically absent in the metaphysical context. Furthermore, I argue that the metaphysician, even if the realist would concede to the methodological continuation argument, fails to offer any agreed upon conclusions resulting from its application in metaphysics. As a result, the scientific realist is not committed to believing that there is metaphysical knowledge. (shrink)

This is an expanded and revised discussion of the argument briefly put forward in my 'A New Problem for the A-Theory of Time', where it is claimed that it is impossible to experience real temporal passage and that no such phenomenon exists. In the first half of the paper the premises of the argument are discussed in more detail than before. In the second half responses are given to several possible objections, none of which were addressed in the earlier paper. (...) There is also some discussion of some related epistemic arguments against the passage of time given by Huw Price and David Braddon-Mitchell along with objections raised against them recently by Tim Maudlin and Peter Forrest respectively. (shrink)

The nature of experience has been held to be a major reason for accepting the A-theory of time. I argue, however, that experience does not favour the A-theory over the B-theory; and that even if the A-theory were true it would not be possible to perceive the passage of time. The main argument for this draws on the constraint that a satisfactory theory of perception must explain why phenomenal characters map uniquely onto perceived worldly features. Thus, if passage is perceived, (...) it must be explained what makes one phenomenal character rather than another a perception of passage; and it must also be explained why that phenomenal character is a perception of passage rather than of some other feature of the world. I argue that no such explanation can be given, and consequently that passage cannot be perceived. I conclude that the A-theory is rendered unintelligible, and should therefore be rejected. (shrink)

Proceedings of the Aristotelian Society, Volume 115, Issue 3pt3, Page 211-233, December 2015.

Saying ┌ that ψ is F ┐ when one should have said ┌ that φ is F ┐ involves making one of two different kinds of error. Either the wrong nominal term (┌ ψ ┐ instead of ┌ φ ┐) is ascribed to the right object or the right nominal term is ascribed to the wrong object. Judgments susceptible to one kind of error are immune to the other. Indexical terms such as ‘here’ and ‘now’ exhibit a corresponding pattern of (...) immunity and susceptibility to error, which suggests that they are complex demonstratives. This should also apply to ‘I’. (shrink)

Intentionalism is the view that the phenomenal character of a conscious experience is wholly determined by, or even reducible to, its representational content. In this essay I put forward a version of intentionalism that allows (though does not require) the reduction of phenomenal character to representational content. Unlike other reductionist theories, however, it does not require the acceptance of phenomenal externalism (the view that phenomenal character does not supervene on the internal state of the subject). According the view offered here, (...) phenomenal characters essentially represent subject-environment relations that are relevant to the possibilities for causal interaction between the subject and the environment; relations of the kind that J. J. Gibson dubbed affordances. I argue for this view chiefly through an examination of spatial perception, though other cases are also considered. The view assumes that a phenomenal character has an essential functional role; though it need not be assumed that a functional role is sufficient for a phenomenal character. (shrink)

This paper takes as its focus efforts to address particular aspects of sexist oppression and its intersections, in a particular field: it discusses reform efforts in philosophy. In recent years, there has been a growing international movement to change the way that our profession functions and is structured, in order to make it more welcoming for members of marginalized groups. One especially prominent and successful form of justification for these reform efforts has drawn on empirical data regarding implicit biases and (...) their effects. Here, we address two concerns about these empirical data. First, critics have for some time argued that the studies drawn upon cannot give us an accurate picture of the workings of prejudice, because they ignore the intersectional nature of these phenomena. More recently, concerns have been raised about the empirical data supporting the nature and existence of implicit bias. Each of these concerns, but perhaps more commonly the latter, are thought by some to undermine reform efforts in philosophy. In this paper, we take a three- pronged approach to these claims. First, we show that the reforms can be motivated quite independently of the implicit bias data, and that many of these reforms are in fact very well suited to dealing with intersectional worries. Next, we show that in fact the empirical concerns about the implicit bias data are not nearly as problematic as some have thought. Finally, we argue that while the intersectional concerns are an immensely valuable criticism of early work on implicit bias, more recent work is starting to address these worries. (shrink)

It is not usually morally permissible to desire the suffering of another person, or to act so as to satisfy this desire; that is, to act with the aim of bringing about suffering. If the retributive emotions, and the retributive responses of which they are a part, are morally permitted or even required, we will need to see what is distinctive about them. One line of argument in this paper is for the conclusion that a retributive desire for the suffering (...) of the wrong-doer, and the aim to bring this about, can (contra recent arguments from Hanna 2008) be morally justified. -/- It has been suggested that by reflecting on the role of the retributive emotions in interpersonal relationships, and the alleged legitimacy of the aim for the suffering of the wrong-doer within them, support can be garnered for retributive practices of punishment by the state (Duff 1986 and 2001, Bennett 2002 and 2003). The conclusion of the second line of argument in the paper is that whilst the retributive responses can permissibly aim at suffering, the way in which this is so in interpersonal relationships cannot provide support for retributive state punishment. (shrink)

Despite well-established results in survey methodology, many experimental philosophers have not asked whether and in what way conclusions about folk intuitions follow from people’s responses to their surveys. Rather, they appear to have proceeded on the assumption that intuitions can be simply read off from survey responses. Survey research, however, is fraught with difficulties. I review some of the relevant literature—particularly focusing on the conversational pragmatic aspects of survey research—and consider its application to common experimental philosophy surveys. I argue for (...) two claims. First, that experimental philosophers’ survey methodology leaves the facts about folk intuitions massively underdetermined; and second, that what has been regarded as evidence for the instability of philosophical intuitions is, at least in some cases, better accounted for in terms of subjects’ reactions to subtle pragmatic cues contained in the surveys. (shrink)

There is much to be said for a diachronic or interpersonal individuation of singular modes of presentation (MOPs) in terms of a criterion of epistemic transparency between thought tokens. This way of individuating MOPs has been discussed recently within the mental files framework, though the issues discussed here arise for all theories that individuate MOPs in terms of relations among tokens. All such theories face objections concerning apparent failures of the transitivity of the ‘same MOP’ relation. For mental files, these (...) transitivity failures most obviously occur because mental files can merge or undergo fission. In this paper I argue that this problem is easily resolved once mental files are properly construed as continuants, whose metaphysics is analogous to that of persons or physical objects. All continuants can undergo fission or fusion, leading to similar transitivity problems, but there are well-established theories of persistence that accommodate this. I suggest that, in particular, the stage theory best suits the purposes of a continuant theory of MOPs. (shrink)

There are two currently popular but quite different ways of answering the question of what constitutes personal identity: the one is usually called the psychological continuity theory (or Psychological View) and the other the narrative theory.1 Despite their differences, they do both claim to be providing an account—the correct account—of what makes someone the same person over time. Marya Schechtman has presented an important argument in this journal (Schechtman 2005) for a version of the narrative view (the ‘Self-Understanding View’) over (...) the psychological one, an argument which has received an overwhelmingly positive response from commentators (Gillett 2005; Heinemaa 2005; Phillips 2006). I wish to argue that .. (shrink)

My interest in this chapter is to investigate this crossroad as applied to mental properties, considered powers. In particular, I scrutinize the possibility of taking the phenomenal property of feeling pain as a complex power or disposition. This possibility comes in handy in discussing panpsychism, the view that the ultimate elements of reality are phenomenal properties, which would ground physical properties as well.

: I offer a new approach to the increasingly convoluted debate between the A- and B-theories of time, the ‘tensed’ and ‘tenseless’ theories. It is often assumed that the B-theory faces more difficulties than the A-theory in explaining the apparently tensed features of temporal experience. I argue that the A-theory cannot explain these features at all, because on any physicalist or supervenience theory of the mind, in which the nature of experience is fixed by the physical state of the world, (...) the tensed properties of time posited by the A-theory could play no role in shaping temporal experience. It follows that the A-theory is false; even a priori arguments for it fail, because they still require the tensed vocabulary which is used to describe temporal experience. (shrink)

Frege held that indexical thoughts could be retained through changes of context that required a change of indexical term. I argue that Frege was partially right in that a singular mode of presentation can be retained through changes of indexical. There must, however, be a further mode of presentation that changes when the indexical term changes. This suggests that indexicals should be regarded as complex demonstratives; a change of indexical term is like a change between 'that φ' and 'that ψ', (...) where 'φ' and 'ψ' pick out relational properties that may nonetheless be conceived of by the thinker as intrinsic. (shrink)

Governments are often so focused on short-term gains that they ignore the long term, thus creating extra unnecessary burdens on their citizens, and violating their responsibilities to future generations. What can be done about this? In this paper I propose a package of reforms to the ways in which policies are made by legislatures, and in which those policies are scrutinised, implemented and evaluated. The overarching aim is to enhance the accountability of the decision-making process in ways that take into (...) account the interests of persons in the future. (shrink)

This paper discusses two distinct questions of distributive justice raised by climate change. Stated very roughly, one question concerns how much protection is owed to the potential victims of climate change (the Just Target Question), and the second concerns how the burdens (and benefits) involved in preventing dangerous climate change should be distributed (the Just Burden Question). In Section II, I focus on the first of these questions, the Just Target Question. The rest of the paper examines the second question, (...) the Just Burden Question. To answer this question, I argue, it is necessary to address two important methodological questions (one concerning the choice between what I term Integrationism and Isolationism and the other concerning the choice between what I term Holism and Atomism). Sections III-V, thus, set out and explore these two methodological issues. Having done so, the paper then turns from methodological issues to substantive analysis, and in Section VI it examines three principles of distributive justice that, it has been suggested, should determine how the burden of addressing dangerous climatic changes should be distributed (the Polluter Pays Principle, the Ability to Pay Principle and the Beneficiary Pays Principle). (shrink)

How, if at all, do the findings of social psychology impact upon philosophical analyses of discrimination? In this chapter, I outline key findings from three research programs from psychology – concerning in-group/out-group favoritism; implicit bias; and stereotype threat. I argue that each set of findings presents challenges to how philosophical analyses of group discrimination are formulated, and propose possible revisions to be explored in future work.

This article articulates our everyday notion of cooperation. First, I topple an orthodoxy of shared agency theory by arguing that shared intentions to J are neither necessary nor sufficient for J to be cooperative. I refute the necessity claim by providing examples of shared intention-free cooperation (in institutional contexts and beyond). I refute the sufficiency claim by observing that coercion and exploitation need not preclude shared intentions but do preclude cooperation. These arguments, in turn, lead to my positive proposal. People (...) cooperate, I argue, just in case their activities are coordinated in ways that do not undermine any participant’s agency. (shrink)

John Perry has argued that language, thought and experience often contain unarticulated constituents. I argue that this idea holds the key to explaining away the intuitive appeal of the A-theory of time and the endurance theory of persistence. The A-theory has seemed intuitively appealing because the nature of temporal experience makes it natural for us to use one-place predicates like past to deal with what are really two-place relations, one of whose constituents is unarticulated. The endurance view can be treated (...) in a similar way; the temporal boundaries of temporal parts of objects are unarticulated in experience and this makes it seem that the very same entity exists at different times. (shrink)

This paper is a contribution to a book symposium on my book Experiencing Time. I reply to comments on the book by Natalja Deng, Geoffrey Lee and Bradford Skow. Although several chapters of the book are discussed, the main focus of my reply is on Chapters 2 and 6. In Chapter 2 I argue that the putative mind-independent passage of time could not be experienced, and from this I develop an argument against the A-theory of time. In Chapter 6 I (...) offer one part of an explanation of why we are disposed to think that time passes, relating to the supposedly ‘dynamic’ quality of experienced change. Deng, Lee, and Skow’s comments help me to clarify several issues, add some new thoughts, and make a new distinction that was needed, and I acknowledge, as I did in the book, that certain arguments in Chapter 6 are not conclusive; but I otherwise concede very little regarding the main claims and arguments defended in the book. (shrink)

US Senate is considering legislation designed to immunize small businesses from lawsuits brought by customers alleging to have been infected with COVID-19 while on the premises. The legislation seeks to subsidize reopening small businesses by reducing their vulnerability to liability. I argue that the legislation produces worse public health outcomes than existing liability regimes, obliterates claims to redress supported by corrective justice, and unfairly burdens victims by forcing them to become de facto insurers of their injurers. In the US, where (...) health insurance is inextricably linked with employment, and during the pandemic with the consequent loss of employment, the legislation is cruel in addition to being ineffective, unjust, unfair and inappropriate. Since I first uploaded this manuscript to Philpapers, Senate Republicans have in fact introduced specific legislation that is marginally different than the one I discuss in the manuscript. Instead of offering blanket immunity, the current Republican proposal offers a series of substantial barriers both to filing lawsuits and to securing a successful verdict at trial. I discuss these as an addendum to the main paper. In short, though the changes impact some features of my argument, they do not alter any of the conclusions. The current proposal produces worse public health outcomes than would existing tort regime; it leaves the vast majority of those with legitimate claims to repair in corrective justice without a remedy, when providing the opportunity to secure a remedy for wrongs is in large measure, the essential nature of tort liability. Worse still, it continues to render victims the de facto insurers of those who have wronged them; it imposes the burden of spreading risks on victims who are considerably less efficient risk spreaders than are businesses and hospitals; it constitutes an inappropriate response to the challenge it seeks to address, i.e. subsidizing various sectors of the economy by reducing their overall costs; and given the fact that in the US health insurance is too closely linked to employment, it shifts the costs of the pandemic to those who are most at risk of losing their health insurance, rendering the proposal cruel in addition to inefficient, unjust, unfair and inappropriate. For those interested, I am considering a short op-ed piece assessing the particular legislative proposal. If I follow through I will let the readership know where that can be found. (shrink)

This chapter discusses the notion that time passes, along with two major families of objections to this notion. The first kind of objection concerns the rate at which time passes; it has often been suggested that no coherent rate can be given. The alleged problems for the standard view, that time passes at one second per second, are discussed. A positive suggestion is then made for a way of making sense of the claim that time passes at one second per (...) second, based on the notion of ‘stretching’ properties such as ‘being future’ across a time series made up of events. The second family of objections concerns the experience of time passing. Two arguments are discussed, one of which concerns epistemological issues while the other concerns the intentionality of experience. Overall the arguments from experience weigh against the passage of time. (shrink)

In recent years, the concept of “integrity” has been frequently discussed by scholars, and deployed by courts, in the domain of criminal procedure. In this paper, we are particularly concerned with how the concept has been employed in relation to the problem of the admissibility of evidence obtained improperly. In conceptualising and addressing this problem, the advocates of integrity rely on it as a standard of conduct for the criminal justice authorities and as a necessary condition for the state authority (...) to condemn and punish. We raise a series of challenges that need answering before integrity can perform these roles. Our aim is not to show that integrity is useless in normative theorising about the admissibility of evidence, and about the criminal process in general. Rather, it is to give guidance for the elaboration of a theory of integrity that is cogent, coherent, and has useful implications for the process of proof. (shrink)

The reasonable person standard is used in adjudicating claims of self-defence. In US law, an individual may use defensive force if her beliefs that a threat is imminent and that force is required are beliefs that a reasonable person would have. In English law, it is sufficient that beliefs in imminence and necessity are genuinely held; but the reasonableness of so believing is given an evidential role in establishing the genuineness of the beliefs. There is, of course, much contention over (...) how to spell out when, and in virtue of what, such beliefs are reasonable. In this chapter, we identify some distinctive issues that arise when we consider that implicit racial bias might be implicated in the beliefs in imminence and necessity. Considering two prominent interpretations of the reasonable person standard, we argue that neither is acceptable. On one interpretation, we risk unfairness to the defendant-who may non-culpably harbour bias. On another, the standard embeds racist stereotypes. Whilst there are formulations of the defence that may serve to mitigate these problems, we argue that they cannot be avoided in the presence of racist social structures. (shrink)

In appearance, Husserl’s writings seem not to have had any influence on linguistic research, nor does what the German philosopher wrote about language seem to be worth a place in the history of linguistics. The purpose of the paper is exactly to contrast this view, by reassessing both the position and the role of Husserl’s early masterpiece — the Logical Investigations — within the history of linguistics. To this end, I will focus mainly on the third (On the theory of (...) wholes and parts) and fourth (The distinction between independent and non-independent meanings) Investigations, paying special attention to Husserl’s mereology and to the idea of a general pure grammar. The paper tries to situate the third and fourth Logical Investigation within the general context of late nineteenth-century and early twentieth-century linguistics and furthermore attempts to show the historical and theoretical importance of the Logical Investigations for the birth and the development of one of the most important linguistic “schools” of the twentieth century, namely structural linguistics. (shrink)

I make the observation that English sentences such as “You have reason to take the bus or to take the train” do not have the logical form that they superficially appear to have. I find in these sentences a conjunctive use of “or,” as found in sentences like “You can have milk or lemon in your tea,” which gives you a permission to have milk, and a permission to have lemon, though no permission to have both. I argue that a (...) confusion of genuine disjunctions with sentences of the above form has motivated the mistaken acceptance by some philosophers of principles like the one I call “Liberal Transmission.” This is the principle that if you have a reason to do something, then you have a reason to do it in each of the possible ways in which it can be done (though not more than one of them). I argue that Liberal Transmission and its close relatives are false. Wide-scope reasons are defined as reasons that have a conditional or other logical connective within the scope of the reason operator. For example, a wide-scope instrumental reason might be: reason(if you have an end, take the means). By refuting Liberal Transmission, I show that you could have wide-scope instrumental reasons like this while nevertheless lacking any narrow-scope reason to take the means, or narrow-scope reason to not have the end. This enables me to respond to two major objections to the wide-scope approach to the instrumental principle that have been developed by Joseph Raz and by Niko Kolodny. (shrink)

A novel way of making a non-stick frying pan using a topologically open surface is described. While the article has a slight humorous element to it, it is also intended to contain some serious philosophical points concerning the nature of infinitely divisible matter and the kind of contact that must occur between objects in order for them to interact.

Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts (...) and the legislative apparatus. Law is also a key institution for overcoming contracting uncertainties. It is furthermore a part of the power structure of society, and a major means by which power is exercised. This argument is illustrated by considering institutions such as property and the firm. Complex systems of law have played a crucial role in capitalist development and are also vital for developing economies. (shrink)

Many philosophers accept a ‘layered’ world‐view according to which the facts about the higher ontological levels supervene on the facts about the lower levels. Advocates of such views often have in mind a version of atomism, according to which there is a fundamental level of indivisible objects known as simples or atoms upon whose spatiotemporal locations and intrinsic properties everything at the higher levels supervenes.1 Some, however, accept the possibility of ‘gunk’ worlds in which there are parts ‘all the way (...) down’ such that there are no simples and insofar as composite objects exist these are composed of smaller objects which in turn are composed of smaller objects, and so on. It may nonetheless still be claimed that the facts about each ontological level supervene on the facts about the lower levels. (shrink)

It is usually appropriate for adults to make significant decisions, such as about what kinds of medical treatment to undergo, for themselves. But sometimes impairments are suffered - either temporary or permanent - which render an individual unable to make such decisions. The Mental Capacity Act 2005 sets out the conditions under which it is appropriate to regard an individual as lacking the capacity to make a particular decision (and when provisions should be made for a decision on their behalf). (...) -/- To what extent does having capacity require the endorsement of certain values? Drawing on Owens et al (2009), I assess the extent to which understanding relevant information and weighing it in coming to a decision requires certain evaluative commitments. With reference to literature on anorexia nervosa and decisions informed by religious beliefs, I argue that it is difficult to avoid the conclusion that the conditions for capacity are value-laden, and that if this is so it is important to open discussion about which patterns of distorted valuing undermine capacity, and why. (shrink)

The paper’s purpose consists in pointing out the importance of the notion of “territory”, in its different accepted meanings, for the development of a theory and a practice of subjectivity both in deleuzean and canettian thought. Even though they start from very different perspectives and epistemic levels, they indeed produce similar philosophical effects, which strengthen their “common” view and the model of subjectivity they try to shape. More precisely, the paper focuses on the deleuzean triad of territorialisation, deterritorialisation, reterritorialisation, with (...) regard to the role it plays in the forming of the subject and in connection with the fundamental deleuzean notion of difference; it furthermore concentrates on the characterization of the notion of territory in Canetti’s work, also in the light of the mentioned deleuzean categories and with reference to the crucial canettian concept of transformation. Finally, the paper analyses both the political consequences of the “nomadic subjectivity” Deleuze and Canetti deal with and the critical and problematic aspects it involves. (shrink)

Imagine that you are a farmer living in Kenya. Though you work hard to sell your produce to foreign markets you find yourself unable to do so because affluent countries subsidize their own farmers and erect barriers to trade, like tariffs, thereby undercutting you in the marketplace. As a consequence of their actions you languish in poverty despite your very best efforts. Or, imagine that you are a peasant whose livelihood depends on working in the fields in Indonesia and you (...) are forcibly displaced from your land by a biofuels company because corrupt government officials have stolen the land and sold it to the company. Or, suppose that you work on the coast of Bangladesh but find that increasingly you are unable to cope with salination resulting from sealevel rise – a product of anthropogenic climate change. These, I believe, are cases of global injustice. My question is: What are those who bear the brunt of global injustice entitled to do to secure their, and other people’s, entitlements? Often people focus on the duties of the affluent to respect and uphold the rights of the disadvantaged. This is understandable. But there is a striking omission. Rarely do people analyze, or even mention, what those who lack their entitlements are entitled to do to secure their own rights. This is my focus in this paper. More specifically, I examine what agents are entitled to do to change the underlying social, economic and political practices and structures in a more just direction. (shrink)

Following recent arguments that cultural practices in wild animal populations have important conservation implications, we argue that recognizing captive animals as cultural has important welfare implications. Having a culture is of deep importance for cultural animals, wherever they live. Without understanding the cultural capacities of captive animals, we will be left with a deeply impoverished view of what they need to flourish. Best practices for welfare should therefore require concern for animals’ cultural needs, but the relationship between culture and welfare (...) is also extremely complex, requiring us to rethink standard assumptions about what constitutes and contributes to welfare. (shrink)