Natural resources, especially land, play an important role in many economic problems society faces today, including the climate crisis, housing shortages and severe inequality. Yet, land has been either entirely neglected or seriously misunderstood by contemporary theorists of distributive justice. I aim to correct that in this paper. In his theory of original acquisition, Locke did not carefully distinguish between the value of natural resources and the value that we add by laboring upon them. This oversight led him to the (...) mistaken conclusion that labor mixing gives the laborer an entitlement to both the improvement and the resource. I explain how Locke's false belief that the proviso was satisfied in his time was the fundamental cause of this error. -/- Instead, we should think, following Henry George, that the community is entitled to the economic value of natural resources, because the community created the value of resources, not the individual improver. I discuss an argument from George's "Progress and Poverty" that selfownership is actually inconsistent with (rather than the ground for, as Locke thought) private appropriation of natural resources. I present George's argument that private appropriation of natural resources is akin to forced labor, which is remarkably similar to Nozick's infamous argument that taxation is akin to forced labor. -/- I then develop my own view of original acquisition, inspired by George. The selfownership of improvers gives them an entitlement to improvements that they generate. But the self-ownership of everyone else precludes an entitlement to natural resources value. Natural resource rents should not be enjoyed only by those who improve the resource, but rather, by all community members in proportion to the share of demand for natural resources they are responsible for. In the last section, I consider and refute an objection from the luck egalitarian claiming that natural talents are relevantly similar to land. (shrink)

This paper provides an examination of some problems caused by the concentration of influence in the capital markets of developed countries. In particular, I argue that large asset managers exercise quasi-political power that is not democratically legitimate. In section two, I will examine the economic driver behind the size and power of the big asset managers: the passive investing revolution. I will discuss several respects in which this revolution has fundamentally changed capital markets, most notably by making a large share (...) of investors universal owners. In the third section, I argue for my central analytical conjecture: asset managers exercise quasi-political power. They use their influence to shape the rules of the game in public capital markets in order to implement social and environmental policies that have traditionally been the exclusive purview of states. “Asset manager capitalism” is a recent term coined to refer to the contemporary system of corporate governance that succeeded the Berle and Means corporation with its dispersed ownership; the argument of this section is that asset manager capitalism is also a new political-economic regime. In the fourth section I defend my central normative claim: asset manager capitalism is an untenable and illegitimate political-economic arrangement, for at least two reasons. First, the power of asset managers is not checked by any institutional constraints, and is not rendered legitimate by any democratic process. More fundamental than this procedural critique is an argument that the interests of asset managers could not be aligned with the public interest, given the fact that the distribution of capital is highly unequal. I conclude by discussing several proposals to reform asset manager capitalism. (shrink)

The market failures approach to business ethics has recently garnered substantial critical attention (see, e.g., Cohen and Peterson 2019; Moriarty 2020; Steinberg 2017; Hsieh 2017; von Kriegstein 2016; Smith 2018; Endorfer and Larue 2022; Singer 2018). Though precursors of this view can be found in the literature (e.g., McMahon 1981; Friedman 1970), it was Joseph Heath (2004, 2006, 2014, 2023) who developed the approach and gave it its name. The market failures approach (henceforth: MFA) is concerned with the ethical obligations (...) of managers of firms (Heath 2014, 69). Roughly, it holds that managers ought not to conduct their businesses in a way that exploits market failures. “Market failure” is a technical term, meaning any failure of the conditions of the first fundamental welfare theorem, sometimes called the “Pareto conditions” (see Arrow 1951). The theorem states that if the Pareto conditions hold, then the market equilibrium will use society’s scarce resources efficiently, meaning that no one could be made better-off without making anyone else worse off. Efficiency, according to Heath (2014, chapter 7), is the implicit morality of the market. We coordinate much of our shared activity using markets, Heath claims, because of their ability to produce efficient results. Markets are good forms of social organization, according to Heath, because they are the best way to promote our values given empirical facts about the frailties of human psychology and the informational constraints that we face. As such, managers ought not compromise the very conditions that justify a market economy by profiting from breakdowns in the market’s efficiency. Managers are permitted to maximize profits, so long as they do not violate the market’s norm of efficiency in so doing. This is because the fundamental justification for the profit motive is that it is necessary for the operation of the price system which is essential to the efficiency properties of markets. In this paper, I will argue that the MFA is more general than even Heath himself claims. The MFA describes the professional obligations of managers, but the view I develop, the generalized market failures approach, describes the obligations of all market participants. Since efficiency is the implicit morality of the market, it binds not just managers, but all market participants, including consumers, investors and workers. Market participants are permitted to maximize the benefit they gain from market interactions, as long as they do so in a way that does not take advantage of any market failures. Generalizing the MFA in this way has three benefits: first, we gain a unified understanding of the ethics of non-managerial market roles; second, we will develop an even better understanding of the duties of managers; finally, it gives us the resources to respond to some familiar objections to the MFA found in the literature. In the next section, I will further motivate the MFA and explain how this motivation can be easily generalized to other market roles. Importantly, one can avoid benefiting from a market failure in two distinct ways: by avoiding transactions that exploit market failures or by transacting in such markets and then remediating the harm done, by compensating those negatively affected by the market failure. This section concludes by discussing how the remediation duties are to be split between the transacting parties and how to identify the parties to whom compensation is owed. In section 3, I use the tools of the generalized MFA to develop a unified ethics of consumption, investment and labor, respectively. This is the basis of a grand abductive argument for the generalized MFA. The view is strongly supported by the fact that it provides attractive and unifying explanations of our obligations in domains as variegated as carbon offsetting, CEO compensation, the reparations white Americans owe to black Americans and occupational licensure. Section 4 briefly concludes. (shrink)

In this paper we attempt to reply to the thoughtful comments made on our book, Responsible Brains, by a stellar group of scholars. Our reply focuses on two topics discussed in the commenting papers: first, the issue of responsibility for negligent behavior; and second, the broad claim that facts about brain function are normatively inert. In response to worries that our theory lacks normative implications, we will concentrate on an area where our theory has clear relevance to law and legal (...) policy: juvenile responsibility. (shrink)

The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally responsible for (...) their actions, as they have the executive capacity to choose not to harm (and thus are legally rational). However, many unsuccessful psychopaths have a lack of executive function that should at least partially excuse them from criminal culpability. Although a successful psychopath's increased executive function may occur in conflict with, rather than in consonance with their increased autonomic activity - producing a cognitive style characterized by self deception and articulate-sounding, but unsound reasoning - they may be capable of recognizing and correcting their lack of autonomic data, and thus can be held responsible. (shrink)

Philosophical Perspectives, Volume 35, Issue 1, Page 170-188, December 2021.

Does smoke cause fire or does fire cause smoke? James Woodward’s “Flagpoles anyone? Causal and explanatory asymmetries” argues that various statistical independence relations not only help us to uncover the directions of causal and explanatory relations in our world, but also are the worldly basis of causal and explanatory directions. We raise questions about Woodward’s envisioned epistemology, but our primary focus is on his metaphysics. We argue that any alleged connection between statistical (in)dependence and causal/explanatory direction is contingent, at best. (...) The directions of causal/explanatory relations in our world seem not to depend on the statistical (in)dependence relations in our world (conceived of either as frequency patterns or as relations among chances). Thus, we doubt that statistical (in)dependence relations are the worldly basis of causal and explanatory directions. (shrink)

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some argue (...) luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

This chapter will argue that the criminal law is most compatible with a specific theory regarding the mind/body relationship: non-eliminative reductionism. Criminal responsibility rests upon mental causation: a defendant is found criminally responsible for an act where she possesses certain culpable mental states (mens rea under the law) that are causally related to criminal harm. If we assume the widely accepted position of ontological physicalism, which holds that only one sort of thing exists in the world – physical stuff – (...) non-eliminative reductive physicalism about the mind offers the most plausible account of the full-bodied mental causation criminal responsibility requires. Other theories of the mind/body relationship, including elminativism and non-reductive physicalism, threaten criminal responsibility because they do not offer satisfactory accounts of mental causation. Eliminativism, as the name implies, eliminates the mental or is skeptical that it can do the causal work necessary to responsibility; and non-reductive theories disconnect the mental from the physical/casual world such that the mental can no longer have reliable causal effects. (shrink)

This chapter explores whether chemical castration can be justified as a form of criminal punishment. The author argues that castration via the drug medroxyprogesterone acetate (MPA), or some similar drug, does not achieve the punishment aims of retribution, deterrence, or incapacitation, but might serve as punishment in the form of rehabilitative treatment. However, current U.S. chemical castration statutes are too broad to be justified as rehabilitative. The state is warranted in targeting psychological states in criminal defendants for rehabilitative treatment where (...) such states (a) act as a primary cause of a criminal offender’s crime and (b) give rise to extraordinary worries that the offender will recidivate. Current statutes qualify criminal offenders for castration who do not have overwhelming sexual urges or other psychological states causally related to their crime that may be treated with MPA. Thus, even assuming the efficacy of MPA, such statutes are unjustifiable because they apply chemical castration to offenders for whom castration will have no rehabilitative effect. (shrink)

This chapter examines how advances in nanotechnology might impact criminal sentencing. While many scholars have considered the ethical implications of emerging technologies, such as nanotechnology, few have considered their potential impact on crucial institutions such as our criminal justice system. Specifically, I will discuss the implications of two types of technological advances for criminal sentencing: advanced tracking devices enabled by nanotechnology, and nano-neuroscience, including neural implants. The key justifications for criminal punishment- including incapacitation, deterrence, rehabilitation, and retribution – apply very (...) differently to criminal sentences using these emerging technologies than they do to imprisonment. Further, use of these technologies would represent a shift away from retribution as the primary justification for criminal punishment. In addition, the possibility of nano-neural implants entails a new model of rehabilitation: namely, involuntary rehabilitation aimed at changing an offender’s character, rather than his environment. (shrink)

US criminal courts have recently moved toward seeing juveniles as inherently less culpable than their adult counterparts, influenced by a growing mass of neuroscientific and psychological evidence. In support of this trend, this chapter argues that the criminal law’s notion of responsible agency requires both the cognitive capacity to understand one’s actions and the volitional control to conform one’s actions to legal standards. These capacities require, among other things, a minimal working set of executive functions—a suite of mental processes, mainly (...) realized in the prefrontal cortex, such as planning and inhibition—which remain in significant states of immaturity through late adolescence, and in some cases beyond. Drawing on scientific evidence of how these cognitive and volitional capacities develop in the maturing brain, the authors sketch a scalar structure of juvenile responsibility, and suggest some possible directions for reforming the juvenile justice system to reflect this scalar structure. (shrink)

Desire satisfactionists are united by their belief that what makes someone well-off is the satisfaction of their desires. But this commitment obscures a number of underlying differences, since there are several theoretical choice points on the way to making this commitment precise. This article is about two of the most important choice points. The first concerns an epistemic requirement on well-being. Suppose that one's desire that P is satisfied. Must one also know (or believe, or justifiably believe) that one's desire (...) that P is satisfied in order to benefit from P? If so, there is an epistemic requirement on well-being. The second concerns the time at which one benefits. Well-being is a temporal phenomenon: given that one benefits from the satisfaction of one's desire that P, when does one benefit? Perhaps one benefits at the times at which one desires P, or the times at which P obtains, or both. I defend a view I call “concurrent awareness desire satisfactionism”: one benefits only at times at which both one desires P and P obtains (concurrence) and one benefits only if one is aware that one's desire is satisfied (awareness). I motivate this view by showing how it gives us solutions to many of the canonical problems facing desire satisfactionism. Then I put the two parts of the view together and explore some of its further implications. Ultimately, I conclude that well-being is an organic unity composed of a desiderative component, an epistemic component, and a worldly component, none of which are valuable on their own, but which are valuable when they are related in the right way. (shrink)

In a recent book, Neil Levy argues that culpable action – action for which we are morally responsible – is necessarily produced by states of which we are consciously aware. However, criminal defendants are routinely held responsible for criminal harm caused by states of which they are not conscious in Levy’s sense. In this chapter I argue that cases of negligent criminal harm indicate that Levy’s claim that moral responsibility requires synchronic conscious awareness of the moral significance of an act (...) is too strict, and that tracing conditions cannot be successfully used to bolster Levy’s account. Instead, current legal practices indicate that criminal responsibility requires the capacity for diachronic agency and self-control, not synchronic conscious control. (shrink)

The existing philosophical debate about the nature of reasons for belief between pragmatists and evidentialists has been substantially biased in favor of evidentialists. The literature has been focused on gathering and evaluating evidence pertaining to evidentialism and pragmatism, in the form of philosophical arguments for and against these two theses. But this way of proceeding simply presumes the truth of evidentialism, since it assumes that what we should be doing when evaluating pragmatism and evidentialism is collecting relevant evidence in order (...) to determine which of them we should believe. Evidentialism recommends this way of proceeding, but pragmatism does not. Holding the debate on terms more favorable to the pragmatist would require also identifying and assessing the practical reasons in favor of belief in pragmatism and evidentialism. Ultimately, as I will argue in this paper, conducting the debate in a fair way will shed new light on the merits of pragmatism and the flaws of evidentialism. In the first section, I outline some terminological preliminaries and identify how the discussion is biased in favor of evidentialism. In the second section, I identify the practical reasons bearing on belief in pragmatism and evidentialism. I argue that there are structural reasons why almost everyone, almost all of the time, will have more than ample practical reason to be a pragmatist rather than an evidentialist. Then, in the third section, I examine the prospect that pragmatism and evidentialism could be self-defeating theories, and show that the self-defeat of evidentialism is both more likely and worse than the self-defeat of pragmatism. In the fourth section, I discuss how to rationally change or make up one’s mind about pragmatism and evidentialism, and how to determine what to believe under uncertainty about whether pragmatism or evidentialism is correct. Then, I conclude. (shrink)

The experience machine poses the most important problem for hedonist theories of well-being. I argue that desire satisfactionism about well-being faces a similar problem: the desire machine. Upon entering this machine, your desires are altered through some minor neurosurgery. In particular, the machine causes you to desire everything that actually happens. The experience machine constructs a simulated world that matches your preexisting desires. The desire machine reconstructs your conative state to match the preexisting world. Desire satisfactionism recommends entering the desire (...) machine because you will then have more satisfied desires, but this seems wrong. -/- In this paper, I consider how desire satisfactionists might avoid the result that entering the desire machine increases one’s well-being. First, I further motivate why this problem arises. Second, I consider coherence-based norms of rational desire change. Finally, I argue that introducing a substantive account of fitting desire is the only plausible solution, but that this response requires abandoning pure subjectivism about well-being. (shrink)

In this chapter I use virtue theory to critique certain contemporary punishment practices. From the perspective of virtue theory, respect for rational agency indicates a respect for choice-making as the process by which we form dispositions which in turn give rise to further choices and action. To be a moral agent one must be able to act such that his or her actions deserve praise or blame; virtue theory thus demands that moral agents engage in rational choice-making as a means (...) to develop and exercise the character traits from which culpable action issues. With respect to criminal offenders, virtue theory indicates the state is obligated to recognize offenders’ right to form their own moral character via rational choice-making, even while under state supervision. I will argue below that punishment practices should limit choice-making only to the extent necessary to achieve the functions of punishment : whenever possible, punishment should preserve opportunities for the rational exercise of character and development of virtue. This means that even within a prison setting incarcerated offenders should be able to make some choices about their daily lives. Offenders should also be offered opportunities to develop virtuous traits through rehabilitative programming such as drug addiction treatment, educational programming, and job training. I will also argue that two contemporary punishment practices unjustly undermine an offender’s moral agency. The first is the overuse of isolation sanctions, which very severely limits offender choice-making. The second is chemical castration, which results in limiting an offender’s capacity to develop his character within a specific realm of choice-making. I conclude that these two punishments violate offenders’ moral agency, and that this violation cannot be justified by appeal to the aims of incapacitation, deterrence, retribution, and rehabilitation. (shrink)

In this paper I offer an argument for the view that every body of evidence rationalizes exactly one doxastic attitude to each proposition. This is the uniqueness thesis. I do this by identifying a family of explanatory demands facing permissivists, those who deny the uniqueness thesis. Permissivists have traditionally motivated their view by attempting to identify counterexamples to the uniqueness thesis. But they have not developed a more general account of when permissive cases arise, and why. Permissivists cannot explain why (...) permissive cases are permissive, or how permissive they are. The paper contains three sections. First, I identify the explanatory demands facing the permissivist. Second, I survey a few existing proposals in the literature for how these explanatory demands might be answered, and argue that they fail. In the third section, I consider how permissivists might “soften” these explanatory demands, by holding that the permissible range of attitudes has vague borders, or that we do not know where its borders lie. I argue against both options. To do this, I present a general argument that there cannot be vague deontic facts, by appealing to a dominance principle and basic principles of deontic logic. If there are no deontic facts, then the permissible range of attitudes could not have vague borders, so the explanatory demands facing the permissivist remain unanswered. (shrink)

This paper investigates the nature of reality by looking at the philosophical debate between realism and idealism and at scientific investigations in quantum physics and at recent studies of animal senses, neurology and cognitive psychology. The concept of perceptual relativity is examined and this involves looking at sense perception in other animals and various examples of perceptual relativity in science. It will be concluded that the universe is observer dependent and that there is no reality independent of the observer, which (...) is knowable to the observer. The paper concludes by an investigation of what an observer dependent universe would be like and that recognition of an observer dependent world would lead to a more open minded and tolerant world. (shrink)

Abstract: The topic for this paper is the phenomenon of apparent value incommensurability—two goods are apparently incommensurable when it appears that neither is better than the other nor are they equally good. I shall consider three theories of this phenomenon. Indeterminists like Broome (1997) hold that the phenomenon is due to vagueness: when two goods appear to be incommensurable, this owes to the fact that “better than” is vague. Incommensurabilists like Chang (2002) hold that some goods appear to be incommensurable (...) because they genuinely are, because it is determinately the case than neither is better than the other, nor are they equally good. I defend epistemicism, the view that the appearance of value incommensurability is due only to our ignorance of how goods compare. In reality, all goods are commensurable. I offer two arguments for epistemicism and against other views. First, epistemicists are committed to less unexplained axiological structure than are non-epistemicists, who must explain the extra structure that they posit. Second, only epistemicists have an adequate explanation of some facts about the scope of apparent incommensurability. Finally, I identify a class of putative counterexamples to the epistemicist’s analysis, and argue that these counterexamples do not succeed. If my arguments are sound, then, we have very good reason to think that for any two things that are good, either one is (determinately) better than the other, or they are (determinately) equally good. (shrink)

Consider the most recent Yale-Harvard football game, an event which occurred on 11/20/21 in New Haven, lasting about three hours. This event, like many college football games before, was composed of four quarters, each of which was composed of possessions, each of which was composed of downs, each of which was composed of particular movements, tackles and decisions of the individual players. Each of these parts of the game was itself an event, occurring in a smaller region of space and (...) time than the game itself. Each of these events involved material objects like players, helmets, jerseys, etc. Each had causes and effects, and each instantiated qualitative properties, such as being a kickoff or being a tackle. These are paradigmatic examples of events. Events are many and varied; some other examples include the melting of an ice cube, the birth of a horse, the supernova of a star, the presidential election campaign and a winter snowstorm. Each of these took place in a certain region of spacetime, had other events as parts, involved certain objects, had causes and effects, and instantiated properties. Objects and their properties are not the only furniture in the world. Events are a crucial part of our manifest and scientific pictures of the world. We go to football games, think about and participate in elections, eagerly anticipate the birth of a child, and quantify over and explain such things in our scientific theories. Yet, events have received insufficient attention from metaphysicians. Some philosophers have been skeptical of events, holding that talk of events can be paraphrased away, or that events can be reduced to objects and properties.1 When philosophers have accepted events, their motivations have usually been extrinsic—events are introduced in order to play a role in a larger philosophical system. This tendency has led philosophers to miss a number of interesting features of events. In this paper, I wish to reverse that trend by developing an ontology of events which is not an afterthought with respect to another philosophical project. In so doing, I will provide answers to substantive metaphysical questions about the relations in which events stand and their identity conditions. In the next section, I identify four basic relations in which events stand: parthood, involvement, causation and instantiation, focusing in particular on involvement. Then, I argue that events are individuated by their involvements, and criticize the identity conditions which have been offered by other philosophers, notably Quine, Davidson and Kim. I then conclude. (shrink)

I reply to seven objections to anthropomorphic theism: (1) That anthropomorphic theism is idolatrous. In reply I rely on the concept/conception distinction. (2) That faith requires certainty. In reply I argue that full belief may be based on probable inference. (3) That the truly infinite is incomprehensible. In reply I distinguish two senses of knowing what you mean. (4) "You Kant say that!" In reply I distinguish shallow from deep Kantianism. (5) "Shall Old Aquinas be forgot?" In reply I discuss (...) the simplicity of God. (6) What those garrulous mystics say about the ineffable. In reply I argue that mystics should be anthropomorphites. (7) Antitheodicy. In reply I distinguish the community of all agents from the community of finite frail agents. (shrink)

Neuroethics is the body of work exploring the ethical, legal, and social implications of neuroscience. This work can be separated into two rough categories. The neuroscience of ethics concerns a neuroscientific understanding of the brain processes that underpin moral judgment and behavior. The ethics of neuroscience, on the other hand, includes the potential impact advances in neuroscience may have on social, moral and philosophical ideas and institutions, as well as the ethical principles that should guide brain research, treatment of brain (...) disease, and cognitive enhancement. Central to the questions posed in neuroethics is the way in which neuroscience might impact our sense of self and personal responsibility, and our understanding the structure of moral judgments. (shrink)

Despite the high profile of evolutionary explanations of human behaviour, their status remains highly disputed. Are all evolutionary explanations of human behaviour sensational 'just so' stories, or is there a proper science of sociobiology? Sense and Nonsense provides an answer to this question by assessing the legitimacy of a range of evolutionary approaches to human behaviour.

This article examines the domestic use of drones by law enforcement to gather information. Although the use of drones for surveillance will undoubtedly provide law enforcement agencies with new means of gathering intelligence, these unmanned aircrafts bring with them a host of legal and epistemic complications. Part I considers the Fourth Amendment and the different legal standards of proof that might apply to law enforcement drone use. Part II explores philosopher Wittgenstein’s notion of actional certainty as a means to interpret (...) citizens' expectations of privacy with regard to their patterns of movement over time. Part III discusses how the theory of actional certainty can apply to the epistemic challenge of determining what is a “reasonable” expectation of privacy under the law. This Part also investigates the Mosaic Theory as a possible reading of the Fourth Amendment. (shrink)

The challenges facing us today require practical wisdom to allow us to react appropriately. In this paper, we argue that at a group level, we will make better decisions if we respect and take into account the moral judgment of agents with diverse styles of cognition and moral reasoning. We show this by focusing on the example of autism, highlighting different strengths and weaknesses of moral reasoning found in autistic and non-autistic persons respectively.

[This download includes the table of contents and chapter 1.] -/- When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant (...) on trial for murder were found to have serious brain damage, which brain parts or processes would have to be damaged for him to be considered not responsible, or less responsible, for the crime? The authors argue that evidence from neuroscience and the other cognitive sciences can illuminate the nature of responsibility and agency. They go on to offer a novel and comprehensive neuroscientific theory of human responsibility. (shrink)

This paper investigates the nature of reality by looking at the philosophical debate between realism and idealism and at scientific investigations in quantum physics and at recent studies of animal senses, neurology and cognitive psychology. The concept of perceptual relativity is examined and this involves looking at sense perception in other animals and various examples of perceptual relativity in science. It will be concluded that the universe is observer dependent and that there is no reality independent of the observer, which (...) is knowable to the observer. The paper concludes by an investigation of what an observer dependent universe would be like and that recognition of an observer dependent world would lead to a more open minded and tolerant world. (shrink)

The Bohr Einstein debate on the meaning of quantum physics involved Einstein inventing a series of thought experiments to challenge the Copenhagen Interpretation of quantum physics. Einstein disliked many aspects of the Copenhagen Interpretation especially its idea of an observer dependent universe. Bohr was able to answer all Einstein’s objections to the Copenhagen Interpretation and so is usually considered as winning the debate. However the debate has continued into the present time as many scientists have been unable to accept the (...) idea of an observer dependent universe and many alternatives to the Copenhagen Interpretation have been proposed. However none of the alternatives has won general acceptance because all have problems that make them implausible or impossible. (shrink)

This paper addresses the question of whether the fetus is human and its effect on the abortion debate. It investigates the concept of “human” and asks whether the concept of human has an essence or is best understood by the idea of family resemblance. It asks whether DNA is the essence of humanity and concludes that it is not and that humanity is best understood using family resemblance involving a range of attributes common to humans. It concludes the fetus does (...) not have the range of attributes that would make it human. (shrink)

It is proposed that the ultimate cause of much historical, social and cultural change is the gradual accumulation of human knowledge of the environment. Human beings use the materials in their environment to meet their needs and increased human knowledge of the environment enables human needs to be met in a more efficient manner. Human needs direct human research into particular areas and this provides a direction for historical, social and cultural development. The human environment has a particular structure and (...) human beings have a particular place in it so that human knowledge of the environment is acquired in a particular order. The simplest knowledge, or the knowledge closest to us, is acquired first and more complex knowledge, or knowledge further from us is acquired later. The order of discovery determines the course of human social and cultural history as knowledge of new and more efficient means of meeting human needs, results in new technology, which results in the development of new social and ideological systems. This means human history, or a major part of human history, had to follow a particular course, a course that is determined by the structure of the human environment. An examination of the structure of the human environment will reveal the particular order in which our discoveries had to be made. Given that a certain level of knowledge will result in a particular type of society, it is possible to ascertain the types of societies that were inevitable in human history. While it is not possible to make predictions about the future course of human history, it is possible to explain and understand why human history has followed a particular path and why it had to follow that particular path. (shrink)

This paper reviews some of the literature on the philosophy of quantum mechanics. The publications involved tend to follow similar patterns of first identifying the mysteries, puzzles or paradoxes of the quantum world, and then discussing the existing interpretations of these matters, before the authors produce their own interpretations, or side with one of the existing views. The paper will show that all interpretations of quantum mechanics involve elements of apparent weirdness. They suggest that the quantum world, and possibly our (...) macro world, exists or behaves in a way quite contrary to the way we normally imagine they should. The paper will also show how many of the writers on quantum mechanics misunderstand idealism in the macro world as proposed by philosophers such as George Berkeley, David Hume, Immanuel Kant and John Stuart Mill and misunderstand the concept of the observer dependent universe. The paper concludes by examining the similarities between the idealist view of the macro world and the Copenhagen Interpretation of the quantum world and suggests that as the Copenhagen Interpretation provides a view of the quantum world that is consistent with the macro world then the Copenhagen Interpretation should be the preferred view of the quantum world. (shrink)

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the content (...) itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

This paper suggests ever increasing human knowledge of the world around us is the driving force for much social and cultural evolution. It examines the order of discovery of our knowledge of the world around us and notes this knowledge comes to us in a particular and necessary order from the easiest to discover to the more difficult to discover. The necessary order of the discoveries means they can be rationally analysed and understood and this enables the study of social (...) and cultural evolution to be put on a scientific basis. It also enables us to make scientifically based predictions about the future for the human species. (shrink)

The ultimate cause of much historical, social and cultural change is the gradual accumulation of human knowledge of the environment. Human beings use the materials in their environment to meet their needs and increased human knowledge of the environment enables human needs to be met in a more efficient manner. The human environment includes the human being itself and the human ability to communicate by means of language and to make symbolic representations of the sounds produced by language, allowed the (...) development of writing. Writing developed over time in a necessary and inevitable manner from logographic, to syllabic, to alphabetical systems. This development from simpler word based writing to more complex syllable based systems and then even more complex sound based writing systems was a logical progression from, simple less useful systems, to more complex, but more useful systems. This is an example of how the simplest knowledge is acquired first and more complex knowledge is acquired later. The order of discovery determines the course of human social and cultural history as knowledge of new and more efficient means of meeting human needs, results in new technology, which results in the development of new social and ideological systems. This means human social and cultural history, has to follow a particular course, a course that is determined by the structure of the human environment. (shrink)

Sense perception and Reality examines the remarkable similarities between philosophical idealism and the Copenhagen Interpretation of quantum physics. The book looks at perceptual relativity involving animal senses, neurology and cognitive psychology. It concludes the universe is observer dependent and varies with the sensory apparatus used to observe it. The Copenhagen Interpretation is examined and perceptual relativity would appear to apply in the quantum world. The Copenhagen Interpretation suggests the universe is observer dependent, the same conclusion as is found in philosophical (...) idealism in the macro world. The book concludes by examining the consequences of an observer dependent universe and by showing such a universe is quite consistent with a modern objective science. (shrink)

The ultimate cause of much historical, social and cultural change is the gradual accumulation of human knowledge of the environment. Human beings use the materials in their environment to meet their needs and increased human knowledge of the environment enables human needs to be met in a more efficient manner. The human environment has a particular structure so that human knowledge of the environment is acquired in a particular order. The simplest knowledge is acquired first and more complex knowledge is (...) acquired later. The order of discovery determines the course of human social and cultural history as knowledge of new and more efficient means of meeting human needs, results in new technology, which results in the development of new social and ideological systems. This means human social and cultural history has to follow a particular course, a course that is determined by the structure of the human environment. Given that a certain level of knowledge will result in a particular type of society, it is possible to ascertain the types of societies that were inevitable in human history. The course of history is not random and can be rationally and scientifically understood. (shrink)

The emerging neuroscience of psychopathy will have several important implications for our attempts to construct an ethical society. In this article we begin by describing the list of criteria by which psychopaths are diagnosed. We then review four competing neuropsychological theories of psychopathic cognition. The first of these models, Newman’s attentional model, locates the problem in a special type of attentional narrowing that psychopaths have shown in experiments. The second and third, Blair’s amygdala model and Kiehl’s paralimbic model represent the (...) psychopath’s problem as primarily emotional, including reduced tendency to experience fear in normally fearful situations, and a failure to attach the proper significance to the emotions of others. The fourth model locates the problem at a higher level: a failure of psychopaths to notice and correct for their attentional or emotional problems using “executive processes.” In normal humans, decisions are accomplished via these executive processes, which are responsible for planning actions, or inhibiting unwise actions, as well as allowing emotions to influence cognition in the proper way. We review the current state of knowledge of the executive capacities of psychopaths. We then evaluate psychopaths in light of the three major philosophical theories of ethics, utilitarianism, deontological theory, and virtue ethics. Finally, we turn to the difficulty psychopath offenders pose to criminal law, because of the way psychopathy interacts with the various justifications and functions of punishment. We conclude with a brief consideration of the effects of psychopaths on contemporary social structures. (shrink)

Karl Marx, Emile Durkheim, Leslie White, Allen Johnson and Timothy Earle, and Stephen Sanderson all produced some of the more interesting theories of history, social change and cultural evolution but their theories have a common deficiency. None of them provide an ultimate explanation for social, cultural and historical change. This failure was rectified by J. S. Mill who suggested increasing human knowledge was the ultimate cause of social, cultural and historical change. However even Mill did not ask what caused the (...) increasing human knowledge and why the knowledge had to be acquired in a particular order and how this could affect human history. (shrink)

Quantum physicists have made many attempts to solve the quantum measurement problem, but no solution seems to have received widespread acceptance. The time has come for a new approach. In Sense Perception and Reality: A Theory of Perceptual Relativity, Quantum Mechanics and the Observer Dependent Universe I suggest the quantum measurement problem is caused by a failure to understand that each species has its own sensory world and that when we say the wave function collapses and brings a particle into (...) existence we mean the particle is brought into existence in the human sensory world by the combined operation of the human sensory apparatus, particle detectors and the experimental set up. This is similar to the Copenhagen Interpretation suggested by Niels Bohr and others, but the understanding that the collapse of the wave function brings a particle into existence in the human sensory world removes the need for a dividing line between the quantum world and the macro world. The same rules can apply to both worlds and the ideas stated in this paper considerably strengthen the Copenhagen Interpretation of quantum mechanics. (shrink)

The cases that Doris chronicles of confabulation are similar to perceptual illusions in that, while they show the interstices of our perceptual or cognitive system, they fail to establish that our everyday perception or cognition is not for the most part correct. Doris's account in general lacks the resources to make synchronic assessments of responsibility, partially because it fails to make use of knowledge now available to us about what is happening in the brains of agents.

This paper is written to question the widespread belief among anthropologists that prehistoric hunter gatherers knew about agriculture long before agriculture began to be practised. The paper suggests gradually accumulating human knowledge led to the development of agriculture rather than population pressure, favourable mutations or convenient climate, all of which would have occurred at various times long before agriculture was developed, without leading to the discovery of agriculture.

This paper was written to study the order of medical advances throughout history. It investigates changing human beliefs concerning the causes of diseases, how modern surgery developed and improved methods of diagnosis and the use of medical statistics. Human beliefs about the causes of disease followed a logical progression from supernatural causes, such as the wrath of the Gods, to natural causes, involving imbalances within the human body. The invention of the microscope led to the discovery of microorganisms which were (...) eventually identified as the cause of infectious diseases. Identification of the particular microorganism causing a disease led to immunization against the disease. Modern surgery only developed after the ending of the taboo against human dissection and the discovery of modern anesthesia and the discovery of the need for anti-septic practices. Modern diagnostic practices began with the discovery of x-rays and the invention of medical scanners. Improved mathematics, especially in probability theory, led to statistical studies which led to a much greater ability, to identify the causes of disease, and to evaluate the effectiveness of treatments. These discoveries all occurred in a necessary and inevitable order with the easiest discoveries being made first and the harder discoveries being made later. The order of discovery determined the course of the history of medicine and is an example of how social and cultural history has to follow a particular course determined by the structure of the world around us. (shrink)

This study sought to investigate the Human Resource and Management (HRM) Program of a preschool hereinafter referred to as the Early Years Learning Center (EYLC) in Mandaluyong City for purposes of this research study. This is a qualitative case study that delved particularly into the issue of employee retention, especially of seasoned teachers and staff of the subject learning center. It used the interview method to generate an in-depth analysis as it revisited its HRM Program. To triangulate the data gathered, (...) documents from websites and social media as well as artifacts were also utilized. There is a dearth of research on the Human Resource and Management Program in preschool education. Most studies are from India and China. In terms of the HRM Program in education, SWOT analysis was frequently used to help improve the program. There were negligible sources that used the balanced scorecard at the preschool level. Hence, a combination of the SWOT analysis and the Balanced Scorecard method were utilized - the SWOT Analysis to determine the problems the learning center faces vis-à-vis its HRM Program, and the balanced scorecard in the search for a solution or strategy to help solve the problem. Based on the study, these combined tools proved to be effective in revisiting the HRM Program of schools. After interviewing the Directress of EYLC, findings disclosed that to be able to improve the retention of employees in the learning center, the focus should be given to the hiring policies and procedures keeping in mind the job security of its targeted employees. This brings forward concerns over advertising schemes utilizing different venues and platforms as well as issues involving the provision of seasoned employees with a retirement package, comprehensive Health Management Organization (HMO), and a continuing professional development program. (shrink)

Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue that such (...) a standard ought to be guided by the best evidence from neuropsychology about the development, during childhood and adolescence, of the executive functions that give rise to morally and legally responsible agents. In light of that evidence, which suggests that the brain’s executive functions are still maturing into early adulthood, we recommend a graded structure of culpability for child soldiers. (shrink)

The images of human suffering from New Orleans in the aftermath of Hurricane Katrina remain seared in our nation's collective memory. More than 8 years on, the city and its African-American population still have not recovered fully. This reality highlights an important truth: the disturbances that accompany climate change will first and foremost affect minority communities, many of whom are economically disadvantaged. This paper: (1) describes how Hurricane Katrina, an example of the type of natural disaster that will (...) become more prevalent with intensifying climate change, has impacted the black community of New Orleans; (2) explores the notion that African Americans, in the midst of racial oppression, have developed a unique and powerful brand of environmental thought that has much to contribute to mainstream environmentalism; and (3) argues that the voice of the black community, which has a vested interest in climate outcomes, is critically needed in today's climate debate. (shrink)