I argue for three conclusions. First, responsibility skeptics are committed to the position that the criminal justice system should adopt a universal nonresponsibility excuse. Second, a universal nonresponsibility excuse would diminish some of our most deeply held values, further dehumanize criminals, exacerbate mass incarceration, and cause an even greater number of innocent people (nonwrongdoers) to be punished. Third, while Saul Smilansky's ‘illusionist’ response to responsibility skeptics – that even if responsibility skepticism is correct, society should maintain a responsibility‐realist/retributivist criminal justice (...) system – is generally compelling, it would not work if a majority of society were to convert, theoretically and psychologically, to responsibility skepticism. In this (highly improbable) scenario, and only in this (highly improbable) scenario, the criminal justice system would need to be reformed in such a way that it aligned with the majority's responsibility‐skeptical beliefs and attitudes. (shrink)

The Blockage Argument is designed to improve upon Harry Frankfurt’s famous argument against the Principle of Alternative Possibilities by removing the counterfactual intervener altogether. If the argument worked, then it would prove in a way that Frankfurt’s argument does not that moral responsibility does not require any alternative possibilities whatsoever, not even the weakest “flicker of freedom”. -/- Some philosophers have rejected the Blockage Argument solely on the basis of their intuition that the inability to do otherwise is incompatible with (...) moral responsibility. I will argue, however, that it is not merely the inability to do otherwise by itself but rather the inability to do otherwise in combination with the absence of a counterfactual intervener that is incompatible with moral responsibility. If I cannot do otherwise and it is not because of a counterfactual intervener, then it must be the case that I am being forced to choose and therefore act as I do, in which case I cannot be morally responsible for this action. -/- Because the Blockage Argument fails, and because it was really the only way to establish that moral responsibility does not require any alternative possibilities whatsoever, it follows that moral responsibility does indeed require at least one alternative possibility in any given situation. But it turns out that this conclusion does not tip the balance in favor of incompatibilism over compatibilism. It would have if blockage and determinism were equivalent. But they are not. Unlike blockage, determinism is compatible with certain counterfactuals that compatibilists traditionally believed the ability to do otherwise reduces to. So even though moral responsibility is incompatible with blockage, it does not necessarily follow that moral responsibility is incompatible with determinism. (shrink)

This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...) years earlier for two murders. Delling never had the opportunity to plead the insanity defense because his home state, Idaho, had abolished it in 1982. -/- By depriving Delling of the right to plead insanity, Idaho violated Delling’s Fourteenth Amendment right to due process and his Eighth Amendment right against “cruel and unusual” punishment. Naturally, the same is true for many other mentally ill and disabled defendants who have been prosecuted in Idaho and in the other three states that have abolished the insanity defense: Kansas, Montana, and Utah. -/- The second general part of this Article notes an insight that I stumbled upon in the course of researching the first part: the insanity defense and the mistake of law defense both require ignorance of the law, what I refer to as “normative ignorance.” Indeed, normative ignorance is what makes both of these defenses exculpatory in the first place. -/- Given this critical connection, there is a way for Idaho, Kansas, Montana, and Utah to resume compliance with the Constitution. Instead of reinstating the insanity defense per se, which might be politically unpopular, they should just broaden their mistake of law defense to include normative ignorance caused by cognitive incapacity that is itself caused by mental illness or disability. -/- Still, this Article is not merely directed at these four western states. It is directed at the other forty-six states as well. Because they already have an insanity defense, they need not incorporate it into their mistake of law defense. But in the third general part, I will argue that they should still expand their mistake of law defense to cover defendants who either lack a reasonable opportunity to learn the law or reasonably but mistakenly infer from widely accepted norms or ethics that their conduct is lawful. (shrink)

At a House hearing on December 5, 2023, the presidents of three universities—Harvard, MIT, and the University of Pennsylvania—refused to state that certain kinds of hate speech, specifically calls for genocide of Jews, are prohibited on their campuses. The backlash against two of them, Harvard’s Claudine Gay and Penn’s Liz Magill, was swift and devastating; both of them were successfully pressured to resign. Still, while Professors Gay’s and Magill’s responses were widely criticized as tone-deaf, they were legally correct. At many (...) private, and all public, colleges and universities, even the worst hate speech is generally protected unless it is accompanied by aggressive, threatening, or violent conduct. -/- These “demotions” augur even worse consequences, including termination, for less powerful faculty who say the “wrong” thing, in particular statements in support of Trumpism, an increasingly mainstream ideology that stitches together white supremacy, misogyny, a preference for autocracy over democracy, and several phobias—homophobia, Islamophobia, transphobia, and xenophobia. The question I address in this paper is whether these consequences are constitutional at public schools. Whose right is stronger—a public-school teacher’s First Amendment right to express pro-Trumpist sentiments or a public school’s right to maintain a fair, inclusive, and welcoming learning environment? In this article, I argue that the public school has the upper hand here, that it is indeed constitutionally permitted to prohibit political hate speech that contributes to a hostile learning environment. Still, I narrowly limit this prohibition to dehumanizing speech—that is, speech explicitly suggesting that some human beings are “lesser”, intrinsically less valuable, than other human beings. -/- One objection to this position is that public schools may not prohibit any speech, no matter how dehumanizing, because such prohibition amounts to constitutionally impermissible viewpoint discrimination. I argue, however, that viewpoint discrimination is an integral part of education and therefore constitutionally permissible. Education necessarily involves promoting some values over others. These values fall into seven categories: constitutional principles, the humanist virtues, successful character traits and behaviors, knowledge and truth, art and beauty, health (both mental and physical), and social goods (such as justice, peace, and rule of law). (shrink)

I argue that the three strongest arguments against metaphysical libertarianism—the randomness objection, the constitutive luck objection, and the physicalist objection—are actually unsuccessful and therefore that metaphysical libertarianism is more plausible than the common philosophical wisdom allows. My more positive thesis, what I will refer to as “Agent Exceptionalism,” is that, when making decisions and performing actions, human beings can indeed satisfy the four conditions of metaphysical libertarianism: the control condition, the rationality condition, the ultimacy condition, and the physicalism condition.

I argue for two propositions. First, contrary to the common wisdom, we may justly punish individuals who are not morally responsible for their crimes. Psychopaths – individuals who lack the capacity to feel sympathy – help to prove this point. Scholars are increasingly arguing that psychopaths are not morally responsible for their behavior because they suffer from a neurological disorder that makes it impossible for them to understand, and therefore be motivated by, moral reasons. These same scholars then infer from (...) this conclusion that they must also lack criminal responsibility and therefore that our continuing to punish psychopaths for their crimes is unjust. My response is that this inference is entirely fallacious. -/- Criminal responsibility turns out to be quite distinct from moral responsibility. The two kinds of responsibility require very different conditions to be satisfied. In particular, criminal responsibility, unlike moral responsibility, does not require an agent be able to grasp and follow moral reasons; it requires only that the individual be able to grasp and follow criminal laws. Once this point is recognized, it becomes much easier to accept my thesis: while the subset of psychopaths who commit crimes are not morally responsible for their criminal behavior because they cannot understand moral reasons, they are still criminally responsible because they can understand what the consequences will be if they get caught. For this reason, even though I concede that psychopaths are not morally responsible for the crimes that they commit, our practice of punishing them for these crimes is still just. -/- Second, I argue that psychopathy is a mental illness and should be recognized as such. One reason that it should be recognized as a mental illness is simply because it is; it satisfies the main criteria for inclusion in the DSM-IV, the “bible” of mental disorders. The other reason is more practical than conceptual. It starts with two facts: the U.S. Supreme Court has decided that the preventive detention of any individual who is not a criminal suspect is not constitutional unless the individual is not only dangerous but also mentally ill; and psychopathy is not currently considered to be a mental illness. So, as things now stand, we cannot preventively commit dangerous psychopaths – that is, psychopaths who have clearly indicated that they will be committing serious crimes. Instead, we must wait for them to commit the crimes before we can lock them up. Unfortunately, this incarceration always comes too late for the victims. It would therefore be better if we could lock them up before they actually inflict any harm. Once again, then, I propose that the legal and psychological communities classify psychopathy as a mental illness. (shrink)

In this Article, I will argue that a person may be deserving of criminal punishment even in certain situations where she is not necessarily morally responsible for her criminal act. What these situations share in common are two things: the psychological factors that motivate the individual’s behavior are environmentally determined and her crime is serious, making her less eligible for sympathy and therefore less likely to be acquitted. -/- To get to this conclusion, I will proceed in four steps. In (...) Part II, I will offer the first two of these steps. First, I will argue that our foundational assumption that moral responsibility is necessary for just blame and punishment is not self-evident and is actually rather difficult to explain and justify. Second, I will offer an explanation and justification that appeals to our moral psychology. Specifically, I will argue that we subscribe to this assumption ultimately because we sympathize with agents who lack responsibility for their actions. -/- Third, in Part IV, I aim to show that even if moral responsibility is not conceptually — only “emotionally” — necessary for just blame and punishment, the traditionally recognized criminal excuses are not at risk because, contrary to popular wisdom, they do not really rely on this assumption to begin with. Instead, they stand less for the metaphysical proposition that we should refrain from blaming and punishing the non-responsible and more for the normative/ethical proposition that we should refrain from blaming and punishing those whom we cannot reasonably expect to have acted better. I will further argue that the latter proposition does not necessarily reduce to the former. -/- Fourth, once I have defended my account of the excuses, I will question in Parts V and VI the increasingly popular notion that we should add certain conditions or circumstances to the list of recognized excuses. I will focus on one in particular — the psychological theory of “situationism” — and will argue that, despite its initial plausibility, it should be kept off the list. While situationism arguably does negate moral responsibility, it does not negate criminal responsibility. -/- Of course, this is a controversial point. Criminal responsibility is almost universally thought to require moral responsibility. But in a previous article, "Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention," 48 San Diego L. Rev. 1299, I used personality psychology to drive a wedge between the two. In this article, I will use the opposite end of the psychological spectrum — social psychology — to drive the same important wedge. (shrink)

Peter Baumann uses the Monty Hall game to demonstrate that probabilities cannot be meaningfully applied to individual games. Baumann draws from this first conclusion a second: in a single game, it is not necessarily rational to switch from the door that I have initially chosen to the door that Monty Hall did not open. After challenging Baumann's particular arguments for these conclusions, I argue that there is a deeper problem with his position: it rests on the false assumption that what (...) justifies the switching strategy is its leading me to win a greater percentage of the time. In fact, what justifies the switching strategy is not any statistical result over the long run but rather the "causal structure" intrinsic to each individual game itself. Finally, I argue that an argument by Hilary Putnam will not help to save Baumann's second conclusion above. (shrink)

This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered to (...) be more or less interchangeable. But there is a growing movement, which I refer to as "responsibility skepticism," which maintains that moral responsibility is either physically or metaphysically impossible. If the responsibility skeptics are right (that moral responsibility is impossible), then what are the implications for criminal responsibility and just criminal punishment? Should we abandon these as well? Or can they survive without moral responsibility? I try to answer these questions. -/- The third part addresses social causation. The criminal justice system tends to be "dispositionalist"; it tends, that is, to assume that criminal responsibility resides entirely within the defendant. Dispositionalism, however, overlooks the fact that who we are and what we do are significantly determined by environmental influences. I then try to show that this "situationist" alternative to dispositionalism should not radically alter our approach to criminal punishment. -/- The final part briefly discusses the difficulty in evaluating criminal responsibility when the defendant is both an offender and a victim - especially when the defendant is an offender *because* of his victimization. (shrink)

I argue that Descartes' Second Causal Proof of God in the Third Meditation evidences, and commits him to, the belief that time is "strongly discontinuous" -- that is, that there is actually a gap between each consecutive moment of time. Much of my article attempts to reconcile this interpretation, the "received view," with Descartes' statements about time, space, and matter in his other writings, including his correspondence with various philosophers.

Language theorists have recently come to have an increasing appreciation for the fact that context contributes heavily in determining our interpretation of what is said. Indeed, it now seems clear that no complete understanding of a natural language is possible without some account of the way in which context affects our interpretation of discourse. In this paper, I will attempt to explore one facet of the language – context relationship, namely, the relation between conditionals and context. The first part of (...) the paper develops an account of truth for conditionals which allows them to depend on momentary features of the context in which they are uttered. In the second half of the paper, comparisons with other recent theories of the conditional will be considered. Particular attention will be given to the problem of whether the conditional really violates classical inferences such as Hypothetical Syllogism and Contraposition as has often been claimed in recent years. (shrink)

This paper draws on Maurice Merleau-Ponty’s philosophy to sketch a phenomenological interpretation of the enactivist notion of sensorimotor understanding. I begin by situating Noë’s enactive theory of vision in relation to Husserlian phenomenology. I then raise three related objections to Noë’s treatment of sensorimotor understanding in terms of practical knowledge of possibilities for action. Finally, I appeal to Phenomenology of Perception to show how two of its major operative concepts – the ‘body schema’ and ‘sedimentation’ – can help to plug (...) the gaps in Noë’s account. (shrink)

In this article, I weigh in on the debate between "Humeans" and "New Humeans" concerning David Hume's stance on the existence of causal connections in "the objects." According to New Humeans, Hume believes in causal connections; according to Humeans, he does not. -/- My argument against New Humeans is that it is too difficult to reconcile Hume's repeated claims that causal connections are inconceivable with any belief that they these inconceivable somethings still exist. Specifically, Hume either assumes or does not (...) assume that causal connections do or must exist. If he does not, then the New Hume is false. If he does, then it is only reasonable to expect him to do one of two things: (1) provide explicit and unambiguous statements to the effect that he still believes that causal connections do or must exist despite his belief that we cannot even conceive of them and/or (2) provide textual evidence that he subscribes to a reason for believing that causal connections do or must exist in the objects despite his belief that we cannot even conceive of them. I then argue that Hume never satisfies either (1) or (2). -/- My ultimate conclusion is not that the New Hume is false. On the contrary, in section IX, I will argue that the New Hume is still a viable possibility if we attribute a certain other position to Hume – what I will refer to as "Newtonian Empiricism." But I will also argue that this rather plausible interpretation of Hume is equally consistent with Hume's being an agnostic about causal connections and Hume's being a Humean about causal connections. Therefore while we have no good reason to subscribe to the New Hume (rather than Hume's being an agnostic or a Humean), we cannot conclusively rule out this interpretation. (shrink)

Prof. Cohen and I answer six questions: (1) Why do we lock people up? (2) How can involuntary civil commitment be reconciled with people's constitutional right to liberty? (3) Why don't we treat homicide as a public health threat? (4) What is the difference between legal and medical approaches to mental illness? (5) Why is mental illness required for involuntary commitment? (6) Where are we in our efforts to understand the causes of mental illness?

It is generally thought that ought implies can. If this maxim is correct, then my inability to do otherwise entails that I cannot be blamed for failing to do otherwise. In this article, however, I use Harry Frankfurt’s famous argument against the "Principle of Alternative Possibilities" (PAP) to show that the maxim is actually false, that I can be blamed for failing to do otherwise even in situations where I could not have done otherwise. In these situations, I do not (...) act otherwise not because I cannot act otherwise but because I choose not to act otherwise.None. (shrink)

Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? (...) -/- This Article will argue for three points. First, what fuels this kind of outrage is vengeance: the desire to see defendants like George Zimmerman be forced to “pay” for the harms that they needlessly and culpably inflict on others. While this point may seem obvious, it isn’t. Most people repudiate revenge and therefore the notion that it plays any role in the criminal justice system. -/- Second, this attitude toward revenge is misguided and needs to change. We need to recognize that vengeance not only does but should play a significant role in motivating criminal punishment. Our vengeful reactions to harmful crimes are not ugly or shameful; on the contrary, they manifest a deep valuation of victims and a bitter denunciation of individuals who actively renounce this valuation through their criminal behavior. -/- Third, these two points have significant implications for the two main theories of criminal punishment: “retributivism,” which says that criminals should be punished in order to give them their “just deserts,” and “consequentialism,” which says that criminals should be punished in order to bring about such good consequences as deterrence, incapacitation, and rehabilitation. Traditionally, these two theories have been at war with one another. But I will show how recognizing revenge as a motivation and justification for punishment can help to end this war and bring these two theories together. (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...) theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

In his paper "Why a Class Can't Change Its Members," Richard Sharvy appears to establish the impossibility of the existence of a variable class—that is, a class that at one time has a member that is not a member of it at another time. I first indicate the importance of Sharvy's argument for our understanding of the concept of identity in the contexts of time and modality, and I summarize his argument. Sharvy says that a class C that has one (...) (non-variable) group of members at t2 and another (nonvariable) group of members at t2 would be identical with both the class C1 that always has the first group as members and the class C2 that always has the second group as members. This is an impossibility, since in general, one thing cannot be identical with two.I then criticize Sharvy's argument by pointing out a weakness in the defense of the claim that C = C1 and C = C2. This weakness is due to an ambiguity in Sharvy's Principle of Extensionality. (shrink)

Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. Are (...) you guilty now? -/- Probably. You might argue that your scopophiliac ambition was impossible to satisfy given that you were peeping into a squash court, not a locker room. But this “Impossibility Defense” would fail because most jurisdictions follow the very influential Model Penal Code (MPC), which says that what is important about attempt is not the likelihood of success but rather what was going on in your head. You tried to peer into a locker room with the intention of seeing some nudity; that is enough for culpability. The fact that you were mistaken about the location does not exonerate you. -/- But now suppose that the particular jurisdiction you are in does not criminalize voyeurism. While most people think that voyeurism is just plain wrong, if not disgusting, the legislature just never got around to drafting a statute against it. Are you guilty now? The answer is no. But you might just be out of luck and convicted anyway. -/- The reason for this strange conclusion is that most jurisdictions have followed the Model Penal Code in yet another respect: along with the MPC’s “subjectivist” emphasis on what is in your head, they have followed the MPC’s lead in abolishing the Impossibility Defense entirely. As a result, people who believe that they are breaking laws when they really are not may still be subject to arrest, prosecution, and conviction respectively by police, prosecutors, and judges/juries merely if all three parties regard your conduct — especially your trying to violate a law that you mistakenly believed in — as morally reprehensible. The best, if not only, defense against this charge is the Impossibility Defense, but — again — most jurisdictions have decided to make this defense unavailable to defendants. -/- Depriving eligible defendants of the Impossibility Defense is unjust. It violates one of the most basic principles of criminal justice: the legality principle. The legality principle says that there cannot be just punishment without a crime, and there should not be a crime without an explicit law designating it as such. So you cannot be charged with, and convicted of, attempted voyeurism if voyeurism, reprehensible as it may be, was not explicitly prohibited at the time that you made the attempt. -/- If we believe in the legality principle, then we must restore the Impossibility Defense. Without the latter, too many defendants are being — and will continue to be — punished for attempts to perform acts that were not themselves illegal but which various parties in the criminal justice system (except the legislature) thought should be illegal based on their extralegal, moral prejudices. -/- In addition to the MPC, the principal obstacle to resurrecting the Impossibility Defense is a good deal of conceptual confusion that permeates relevant cases and scholarship. Too many courts and academics have conflated “factual impossibility” with “legal impossibility” and have fallaciously inferred “hybrid impossibility” from “hybrid mistakes” (that is, legal mistakes that derive from factual mistakes). One of the principal goals of this Article, then, is to clear up all of this confusion. I will explicate in the simplest possible terms (a) the difference between factual impossibility and legal impossibility, (b) why only legal impossibility qualifies as exculpatory, and (c) why hybrid impossibility simply does not exist. (shrink)

Gregory Kavka's 'Toxin Puzzle' suggests that I cannot intend to perform a counter-preferential action A even if I have a strong self-interested reason to form this intention. The 'Rationalist Solution,' however, suggests that I can form this intention. For even though it is counter-preferential, A-ing is actually rational given that the intention behind it is rational. Two arguments are offered for this proposition that the rationality of the intention to A transfers to A-ing itself: the 'Self-Promise Argument' and David Gauthier's (...) 'Rational Self-Interest Argument.' But both arguments – and therefore the Rationalist Solution – fail. The Self-Promise Argument fails because my intention to A does not constitute a promise to myself that I am obligated to honor. And Gauthier's Rational Self-Interest Argument fails to rule out the possibility of rational irrationality. (shrink)

For over a century now, American scholars (among others) have been debating the merits of “bad Samaritan” laws — laws punishing people for failing to attempt easy and safe rescues. Unfortunately, the opponents of bad Samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states have passed bad Samaritan laws, and these laws impose only the most minimal punishment — either sub-$500 fines or short-term imprisonment. -/- This Article argues that every state should criminalize (...) bad Samaritanism. There are three main reasons. First, criminalization is required by the supreme value that we place on protecting human life, a value that motivates laws against both homicide and manslaughter. Second, criminalization is recommended by the “proportionality principle” — i.e., the principle that a law’s level of punishment should be directly proportional to the moral severity of the offense. Third, criminalization would yield a number of significant benefits, including helping to minimize needless deaths and injuries and providing society with an institutional outlet for its outrage against bad Samaritans. -/- Still, many objections have been leveled against bad Samaritan laws. This Article will argue that while some of these objections — for example, the objections involving foundational criminal law principles such as the actus-reus requirement, the harm principle, and causation — are all easily refuted, five other objections are not. These five objections involve pragmatic considerations such as the difficulties with obtaining evidence against bad Samaritans and psychological considerations such as people’s understandable reasons for not wanting to “get involved.” This Article will then put these five objections into reflective equilibrium with the moral arguments for bad Samaritan laws and conclude that while bad Samaritanism should indeed be criminalized, the punishment that convicted bad Samaritans receive should be mild — certainly milder than the level of punishment recommended by the “proportionality principle.” The corollary of this conclusion is that the criminal law should sometimes abandon the proportionality principle. (shrink)

In this paper, we discuss some rather puzzling facts concerning the semantics of Warlpiri expressions of cardinality, i.e. the Warlpiri counterparts of English expressions like one,two, many, how many. The morphosyntactic evidence, discussed in section 1, suggests that the corresponding expressions in Warlpiri are nominal, just like the Warlpiri counterparts of prototypical nouns, eg. child. We also argue that Warlpiri has no articles or any other items of the syntactic category D(eterminer). In section 2, we describe three types of readings— (...) "definite", "indefinite" and "predicative"—which are generally found with Warlpiri nouns, including those which correspond to English common nouns and cardinality expressions. A partial analysis of these readings is sketched i n section 3. Since Warlpiri has no determiner system, we hypothesize that the source of (in)definiteness in this language is semantic. More specifically, we suggest that Warlpiri nominals are basically interpreted as individual terms or predicates of individuals and that their three readings arise as a consequence of the interaction of their basic meanings, which are specific to Warlpiri, with certain semantic operations, such as type shifting (Rooth and Partee 1982, Partee and Rooth 1983, Partee 1986, 1987), which universally can or must apply in the process of compositional semantic interpretation. (shrink)

"Nothing Better Than Death" is a comprehensive analysis of the near-death experiences profiled on the www.near-death.com website. This book provides complete NDE testimonials, summaries of various NDEs, NDE research conclusions, a Question and Answer section, an analysis of NDEs and Christian doctrines, famous quotations about life and death, a NDE bibliography, book notes, a list of NDE resources on the Internet, and a list of NDE support groups associated with IANDS.org - the International Association for Near-Death Studies. The unusual title (...) of this book, "Nothing Better Than Death," was inspired by NDE experiencer Dr. Dianne Morrissey who once said, "If I lived a billion years more, in my body or yours, there's not a single experience on Earth that could ever be as good as being dead. Nothing.". (shrink)

Issues include attempts generally; the problem of outcome luck; the impossibility defense; physical movement and intent; and reckless attempts, attempted rape, and attempted theft. In the final section, I offer a hypothetical that challenges Prof. Donnelly-Lazarov's theory.

Ken Foldes and I agreed to present what we consider an important controversy concerning the actual interpretation of Hegelian philosophy as regards the nature of the relationship between Man and God. Ken wants to argue for the oneness of God and Man, with the unity and exclusive Being of God as the Absolute Truth, making all being other than God illusory. On the other hand, I want to show the simultaneous identity and difference of Man and God dynamically integrated as (...) a variegated system that is chiefly characterized as pure negative activity, or self-thinking-thought, in which God and Man and the World each have a distinct yet harmonized relationship when considered in their negative or sublated significance with respect to God. (shrink)

Aworkshop was held August 26–28, 2015, by the Earth- Life Science Institute (ELSI) Origins Network (EON, see Appendix I) at the Tokyo Institute of Technology. This meeting gathered a diverse group of around 40 scholars researching the origins of life (OoL) from various perspectives with the intent to find common ground, identify key questions and investigations for progress, and guide EON by suggesting a roadmap of activities. Specific challenges that the attendees were encouraged to address included the following: What key (...) questions, ideas, and investigations should the OoL research community address in the near and long term? How can this community better organize itself and prioritize its efforts? What roles can particular subfields play, and what can ELSI and EON do to facilitate research progress? (See also Appendix II.) The present document is a product of that workshop; a white paper that serves as a record of the discussion that took place and a guide and stimulus to the solution of the most urgent and important issues in the study of the OoL. This paper is not intended to be comprehensive or a balanced representation of the opinions of the entire OoL research community. It is intended to present a number of important position statements that contain many aspirational goals and suggestions as to how progress can be made in understanding the OoL. The key role played in the field by current societies and recurring meetings over the past many decades is fully acknowledged, including the International Society for the Study of the Origin of Life (ISSOL) and its official journal Origins of Life and Evolution of Biospheres, as well as the International Society for Artificial Life (ISAL). (shrink)

It is both amazing and fitting that this huge, jargon-laden (this book really needs a glossary!), heavily academic work has become a best seller in the world of the educated. One has to be dedicated to learn the jargon and then plow through 551 pages of text and 238 pages of notes. Meanwhile, we are told time and again that this is just an outline of what is to come! -/- Though he severely criticizes the excesses of the three movements, (...) this is a deconstructive and New Age Mystical and postmodern interpretation of religion, philosophy and the behavioral sciences from a very liberal,spiritual point of view—i.e., without the worst of decon, pm and NAM jargon, rabid egalitarianism and anti-scientific anti-intellectualism. -/- He analyzes in some detail the various world views of philosophy, psychology, sociology and religion, exposing their fatal reductionistic flaws with (mostly) care and brilliance, but most of the sources he analyzes are of almost no relevance today. They use terminology and concepts that were already outdated when he was researching and writing 20 years ago. One has to slog thru endless pages of jargon -laden discussion of Habermas, Kant, Emerson, Jung et.al. to get to the pearls. -/- You get a terrific sampling of bad writing, confused and outdated ideas and obsolete jargon. -/- If one has a good current education, it is doubly painful to read this book (and most writing on human behavior). Painful because it´s so tortured and confusing and then again when you realized how simple it is with modern psychology and philosophy. The terminology and ideas are horrifically confused and dated (but less so in Wilber´s own analysis than in his sources). -/- This book and most of its sources are would-be psychology texts, though most of the authors did not realize it. It is about human behavior and reasoning-about why we think and act the way we do and how we might change in the future. But (like all such discussion until recently) none of the explanations are really explanations, and so they give no insight into human behavior. Nobody discusses the mental mechanisms involved. It is like describing how a car works by discussing the steering wheel and metal and paint without any knowledge of the engine, fuel or drive train. In fact, like most older ´explanations` of behavior, the texts quoted here and the comments by Wilber are often more interesting for what kinds of things they accept (and omit!) as explanations, and the kind of reasoning they use, than for the actual content. -/- If one is up on philosophy and cognitive and evolutionary psychology, most of this is archaic. Like nearly everyone (scholars and public alike--eg, see my review of Dennett´s Freedom Evolves and other books), he does not understand that the basics of religion and ethics-- in fact all human behavior, are programmed into our genes. A revolution in understanding ourselves was taking place while he was writing his many books and it passed him by. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my article The Logical Structure of Philosophy, Psychology, Mind and Language as Revealed in Wittgenstein and Searle 59p(2016). For all my articles on Wittgenstein and Searle see my e-book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Wittgenstein and Searle 367p (2016). Those interested in all my writings in their most recent versions may consult my e-book Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2016 662p (2016). (shrink)

Es increíble y apropiado que esta enorme, cargada de jerga (este libro realmente necesita un glosario!), el trabajo muy académico se ha convertido en un mejor vendido en el mundo de los educados. Uno tiene que ser dedicado a aprender la jerga y luego arado a través de 551 páginas de texto y 238 páginas de notas. Mientras, se nos dice tiempo y otra vez que esto es sólo un bosquejo de lo que está por venir! A pesar de que (...) critica severamente los excesos de los tres movimientos, esto es un deconstructivo y NEW edad mística y posmoderna interpretación de la religión, la filosofía y la Ciencias del comportamiento de un muy liberal, punto de vista espiritual — i. e., sin lo peor de deconstrucion, la jerga de postmodernismo y nuevo edad mysticismo, el igualitarismo rabioso y anti-intelectualismo anti-científico. Analiza en algunos detallar las diversas opiniones del mundo de la filosofía, la psicología, la sociología y la religión, exponiendo sus fallas reduccionistas fatales con (principalmente) cuidado y brilliantez, pero la mayoría de las fuentes que analiza no son casi ninguna relevancia hoy en día. Utilizan terminología y conceptos que ya estaban obsoletos cuando estaba investigando y escribiendo hace 20 años. (shrink)

E 'sia sorprendente e appropriato che questo enorme, gergo-carico (questo libro ha davvero bisogno di un glossario!), lavoro pesantemente accademico è diventato un best seller nel mondo degli istruiti. Bisogna dedicarsi a imparare il gergo e poi ad arare attraverso 551 pagine di testo e 238 pagine di note. Meanwhile, ci viene detto più e più volte che questo è solo un contorno di ciò che verrà! Anche se critica severamente gli eccessi dei tre movimenti, si tratta di un'interpretazione mistica (...) e postmoderna decostruttiva e New Age della religione, della filosofia e delle scienze comportamentali da un punto di vista molto liberale e spirituale, cioè senza il peggior decon, pm e Vietnam gergo, egualitarismo rabbioso e anti-intellettualismo. Si ottiene un fantastico campionamento di scritte sbagliate, idee confuse e obsolete e gergo obsoleto. Se uno ha una buona istruzione attuale, è doppiamente doloroso leggere questo libro (e la maggior parte della scrittura sul comportamento umano). Doloroso perché è così torturato e confuso, e poi di nuovo quando ti rendi conto di quanto sia semplice con la psicologia moderna e la filosofia. La terminologia e le idee sono orribilmente confuse e datate (ma meno nell'analisi di Wilber che nelle sue fonti). Questo libro e la maggior parte delle sue fonti sono testi di psicologia aspiranti, anche se la maggior parte degli autori non se ne rese conto. Si tratta del comportamento umano e del ragionamento sul perché pensiamo e agiamo come facciamo e come potremmo cambiare in futuro. Ma (come tutte queste discussioni fino a poco tempo fa) nessuna delle esplicazionisono davvero spiegazioni, e quindi non danno alcuna comprensione del comportamento umano. Nessuno discute i meccanismi mentali coinvolti. È come descrivere come funziona un'auto discutendoil volante e il metallo e vernice senza alcuna conoscenza del motore, del carburante o del treno a trazione. Infatti, come la maggior parte delle più vecchie spiegazioni di comportamento, i testi citatiqui e i comments di Wilber sono spesso più interessanti per che tipo di cose che accettano (eomettere!) come spiegazioni, e il tipo di ragionamento they uso, che per il contenuto effettivo. Se si è sulla filosofia e la psicologia cognitiva ed evolutiva, la maggior parte di questo è arcaico. Come quasi tutti (studiosi e pubblico allo stesso modo-e.g. vedi la mia recensione di Freedom Evolves di Dennett e di altri libri), non capisce che le basi della religione e dell'etica, in realtà tutti i comportamenti umani, sono programmati nei nostri geni. Una rivoluzione nella comprensione di noi stessi stava avvenendo mentre scriveva i suoi numerosi libri e lo passava davanti. Coloro che desiderano un quadro aggiornato completo per il comportamento umano dalla moderna vista a due systems possono consultare il mio libro 'La struttura logica dellafilosofia, psicologia, Mind e il linguaggio in Ludwig Wittgenstein e John Searle' 2nd ed (2019). Coloro che sono interessati a più dei miei scritti possono vedere 'TalkingMonkeys--Filosofia, Psicologia, Scienza, Religione e Politica su un Pianeta Condannato--Articoli e Recensioni 2006-2019 3rd ed (2019) e Suicidal Utopian Delusions nel 21st Century 4th ed (2019) . (shrink)

The Einstein of the New Age holds forth in his unique and brilliant style on the history of world views and how to put spirit back in our life. If you have the patience to learn his jargon and read slowly there is alot of serious brainfood here. I read this and his Sex, Ecology and Spirituality(1995) with Hofstadter´s famous Godel, Escher, Bach(GEB) written in 1980(both of which I have reviewed here). Wilber´s work has many parallels with GEB, both of (...) them massive works attempting to tie together disparate fields and different views of life. Unlike Hofstadter, who was mainly interested in the nature of intelligence, Wilber does not treat math, music or DNA, and he concentrates on world views that have a spiritual relevance but like Hofstadter he lacks any grasp of the logical structure of rationality, the dual systems of thought or the works of Wittgenstein and Searle, which obviates much of his work. For an account of those see my articles. He spent a vast amount of time working out the relationships between ideas and how they relate to individual and society, spirit and science. If you don´t have the time or patience for the whole book, read Superconsciousness Parts 1 and 2 which are an excellent summary. His shortest book, `The Marriage of Self andSoul is a much easier read that gives you a good idea of his style and purpose. He details alot of intellectual history (philosophy, psychology, religion, ecology, feminism, sociology, etc) and shows where nearly everyone went too far in the direction of Ascent (to the spirit) or Descent (to science,materialism, reductionism or Flatland). He trys to show how to heal the rifts by combining sense and soul (spiritual and material life, science and religion, internal and external, individual and social). Everything is related to everything else (holons in holarchies). The Age of Enlightenment denied the the spirit, the individual and the interior life but developed art, morals and science and led to democracy, feminism, equality and ecology, but this reductionism compressed the intellect and the spirit into the Flatland of science, rationality and materialism. He sees the loss of the spiritual point of view with the Age of Enlightenment as the major factor responsible for the malaise of modern times, but real spirituality or ìntelligent religion (i.e., the quest for enlightenment) as opposed to primitive religion (everything else-see my review of Boyer´s 'Religion Explained') was always rare. It is intelligent religion he sees as the panacea, but it is primitive religion that the masses understand, and it too has only materialistic goals. In sum, in spite of its shortcomings it is still unique and well worth the effort. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle’ 2nd ed (2019). Those interested in more of my writings may see ‘Talking Monkeys--Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet--Articles and Reviews 2006-2019 3rd ed (2019), The Logical Structure of Human Behavior (2019), and Suicidal Utopian Delusions in the 21st Century 4th ed (2019). (shrink)

Ken Wilber insists that valid knowledge must be derived from paradigms: sets of injunctions and social practices that lead to replicable experiences. In this article, I examine Wilber's claims that the theory still includes the essentials of premodern traditions, because the essentials of those traditions consist of a phenomenological core of practices leading to mystical experience. Drawing on the works of Robert Sharf and Wilhelm Halbfass and on close readings of primary texts, this article argues that mystical paradigms of replicable (...) experience are not in fact the essentials of these traditions--neither for the majority of practitioners nor even for their revered teachers or masters. The article concludes with a discussion of the implications of this point for constructive integral work. (shrink)

I argue that four of the fundamental claims of those calling themselves `genic pluralists'Philip Kitcher, Kim Sterelny, and Ken Watersare defective. First, they claim that once genic selectionism is recognized, the units of selection problems will be dissolved. Second, Sterelny and Kitcher claim that there are no targets of selection. Third, Sterelny, Kitcher, and Waters claim that they have a concept of genic causation that allows them to give independent genic causal accounts of all selection processes. I argue that each (...) one of these claims is either false or misleading. Moreover, the challenge that arises from the availability of genic causal accounts, namely, the inability to choose on rational grounds among genic and higher-level accounts, is unsupported. (shrink)

This paper draws attention to a divergence in approach to the social between Ken Gergen’s radical form of social constructionism and the more moderate constructionist approaches exemplified by the thinking of Shaun Gallagher, Jan Slaby and Karen Barad. Specifically, I argue that the latter stop just short of radical constructionism’s ontological and ethical implications. The ethical question for Gergen is not whether and how we achieve just relations but whether and how we deal with the struggle between competing goods, how (...) we manage to think beyond justice understood as singular traditions of the good, so that we can focus on enriching our traditions with alternative intelligibilities, thereby expanding the inclusiveness of our relational structures. Viewing the wayward person or group through Gergen’s lens of multi-being rather than the morality of blameful justice encourages us to strive for an ethics of responsibility without succumbing to a moralism of culpability. (shrink)

Huw Price and Ken Wharton claimed recently in their paper published in The Conversation that quantum mechanics shows that the future can influence the past. According to their paper, many scientists are convinced about it. However, there is still something mystical for philosophers. The first is about the definition of retrocausality and its philosophical relation to causality. Second, it is concerned with understanding the relationship between cause and effect, not only scientifically but also logically. In this talk, I will answer (...) the two questions by analyzing the concept of temporality and by examining the counterfactual and overdetermination. I found a tension in understanding the concept of necessity in the physical and logical sense. Finally, I will argue that the time reversal asymmetry does not imply retrocausality, and the phenomenon of retrocausality does not exist in reality but only in logic. (shrink)

Causal selection is the task of picking out, from a field of known causally relevant factors, some factors as elements of an explanation. The Causal Parity Thesis in the philosophy of biology challenges the usual ways of making such selections among different causes operating in a developing organism. The main target of this thesis is usually gene centrism, the doctrine that genes play some special role in ontogeny, which is often described in terms of information-bearing or programming. This paper is (...) concerned with the attempt of confronting the challenge coming from the Causal Parity Thesis by offering principles of causal selection that are spelled out in terms of an explicit philosophical account of causation, namely an interventionist account. I show that two such accounts that have been developed, although they contain important insights about causation in biology, nonetheless fail to provide an adequate reply to the Causal Parity challenge: Ken Waters's account of actual-difference making and Jim Woodward's account of causal specificity. A combination of the two also doesn't do the trick, nor does Laura Franklin-Hall's account of explanation (in this volume). We need additional conceptual resources. I argue that the resources we need consist in a special class of counterfactual conditionals, namely counterfactuals the antecedents of which describe biologically normal interventions. (shrink)

The essays in this volume investigate the question of where, and in what sense, the bounds of intelligible thought, knowledge, and speech are to be drawn. Is there a way in which we are limited in what we think, know, and say? And if so, does this mean that we are constrained – that there is something beyond the ken of human intelligibility of which we fall short? Or is there another way to think about these limits of intelligibility – (...) namely, as conditions of our meaning and knowing anything, beyond which there is no specifiable thing we cannot do? -/- These issues feature prominently in the writings of Kant and Wittgenstein who each engaged with them in unique and striking ways. Their thoughts on the matter remain provocative and stimulating, and accordingly the contributions to this volume address the issues surrounding the limits of intelligibility both exegetically and systematically: they examine how they figure in Kant’s and Wittgenstein’s most significant works and put them in touch with contemporary debates that are shaped by their legacy. These debates concern, inter alia, logically and morally alien thought, the semantics and philosophy of negation, disjunctivism in philosophy of perception and ethics, paraconsistent approaches to contradiction, and the relation between art, literature, and philosophy. The book is divided into four parts: Part I gives a first assessment of the issues, Part II examines limits as they feature in Kant, Part III as they feature in Wittgenstein, and Part IV suggests some ways in which the questions at issue might be reconsidered, drawing upon ideas in phenomenology, dialetheism, metamathematics, and the works of other influential authors. -/- Limits of Intelligibility provides insight into a theme that is central to the thought of two of the most important figures in modern philosophy, as well as to recent metaphysics, philosophy of language, philosophy of logic, epistemology, and ethics. (shrink)

It may come as a surprise to readers familiar with the life and work of the Arts Master that he discusses the Eucharist at all. As he likes to remind us, theological topics are generally out of his wheelhouse. Even so, in his Questions on the “Metaphysics” of Aristotle (QM) 4.6, Buridan takes the sacrament of the Eucharist as a key data point in his discussion of Aristotle’s Categories. In the Eucharist, the accidents of the bread and wine—their color, texture, (...) and so on—remain intact, but the underlying substance is transubstantiated into the body and blood of Christ. Accordingly, God can preserve accidents independent of their underlying substance. Therefore, for our part we can use accidental terms, like whiteness, without connoting any substances, like communion bread. Moreover, it follows that, contrary to Aristotle, substance and the accidental categories are not the most general genera. Instead, being (ens) is, as Buridan concludes. Here, I trace Buridan’s thought on the metaphysical and semantic matters of substance in light of the Eucharist. The Eucharist is for him not only a theological truth, but a metaphysical and semantic datum as well. I conclude by asking why Buridan did not take any and all questions about the Eucharist to be out of his ken. What does this tell us about his attitude toward theology? This paper also includes, as an appendix, the first ever English translation of the question under discussion (QM 4.6): “Does the term being (ens) signify substances and accidents by one single concept or notion?”. (shrink)

This paper argues against the realization principle, which reifies the realization relation between lower-level and higher-level properties. It begins with a review of some principles of naturalistic metaphysics. Then it criticizes some likely reasons for embracing the realization principle, and finally it argues against the principle directly. The most likely reasons for embracing the principle depend on the dubious assumption that special science theories cannot be true unless special science predicates designate properties. The principle itself turns out to be false (...) because the realization relation fails the naturalistic test for reality: it makes no causal difference to the world.Footnote11This paper resulted from work done at John Heil's 2006 Mind and Metaphysics NEH Summer Seminar at Washington University in St. Louis. An early version of it was presented in a special symposium on realization at the 2007 meeting of the Southern Society for Philosophy and Psychology. I owe thanks to all the participants in both events for helpful discussions, and I owe particular thanks to Ken Aizawa, Torin Alter, Jason Ford, Carl Gillett, John Heil, Nicholas Helms, Pete Mandik, John Post, Gene Witmer, Michelle Wrenn, Tad Zawidzki, and two anonymous referees for the AJP. (shrink)

This paper focuses on the framework for the compositional relations of properties in the sciences, or "realization relations", offered by Ken Aizawa and Carl Gillett (A&G) in a series of papers, and in particular on the analysis of "multiple realizations" they build upon it. I argue that A&G's analysis of multiple realization requires an account of levels and I try to show, then, that the A&G framework is not successful under any of the extant accounts of levels. There is consequently (...) a real concern tha thte A&G framework for realization may not be viable. (shrink)

According to ethical objectivism, what a person should do depends on the facts, as opposed to their perspective on the facts. A long-standing challenge to this view is that it fails to accommodate the role that norms play in guiding a person’s action. Roughly, if the facts that determine what a person should do lie beyond their ken, they cannot inform a person’s deliberations. This paper explores two recent developments of this line of thought. Both focus on the epistemic counterpart (...) to ethical objectivism, according to which what a person should believe depends on the facts, as opposed to their perspective on the facts. The suggestion in each case is that epistemic objectivism faces a distinctive problem in accommodating guidance. Insofar as objectivism concerning the epistemic domain stands or falls with objectivism concerning the ethical domain, this is a problem for objectivism more generally. In this paper, I show that those arguments are not successful. The upshot is that the objectivist – whether ethical or epistemic – need not reject the idea that norms serve a guiding function. (shrink)

Immanuel Kant’s work on the sublimity of aesthetic experience lends itself to puzzlement, if not misclassification. Complicating matters, Kant distinguishes between two kinds of sublimity: respectively, the “mathematical” and “dynamical” sublime. More mystifying is that the sublime is ineffable, beyond the ken of human comprehension. These perplexities notwithstanding, Kant argues that sublime sentiment produces a feeling of supersensible comfort. Commentators identify this comfort emanating most strongly from the dynamical sublime. However, in this paper I draw from the unity of reason (...) thesis to offer a plausible account of how the mathematical sublime is equally capable of providing the same feeling of supersensible comfort. (shrink)

Scholars interested in the characterology presupposed by constitutional government have occasionally turned to Plato’s Laws, one of the earliest and most penetrating treatments of the subject. Even so, interpreters have neglected a vital tension that the Laws presents as coeval with lawfulness itself. Through a close reading of the dialogue’s opening passages, I argue that the rule of law for Plato is implicated in a certain paradox: it both prohibits and requires the imitation of god. Law cannot safely originate with (...) human beings; yet human beings must involve themselves nonetheless in laying law down. Trustworthy lawgivers must revere the gods while at the same time emulating them, must somehow make law themselves while regarding that very task as beyond their ken. Although the political psychology of lawfulness would therefore seem incoherent, I conclude by surveying reasons for thinking this inference unwarranted. (shrink)

This is a forthcoming section for the book "Theism and Atheism: Opposing Arguments in Philosophy", edited by Graham Oppy, Gregory Dawes, Evan Fales, Joseph Koterski, Mashhad Al-Allaf, Robert Fastiggi, and David Shatz. I was asked to write a brief essay on whether naturalism or theism can successfully explain the distribution of suffering in our world. Wheras another section covers the possibility that suffering is evidence against theism, my essay is concerned only with the ability for either naturalism or theism to (...) explain suffering. I argue that, for naturalists, suffering is not to be explained by either philosophers of religion or theologians. Instead, naturalists believe that suffering should be explained by the cognitive and social sciences, perhaps in conjunction with political philosophy and philosophy of mind. Moreover, naturalists may take suffering to be an important reason for action. In a world without a transcendent, supernatural being to watch over us, we can only depend upon each other to ameliorate existing conditions, to the extent that they can be ameliorated. On the other hand, theistic explanations of the distibution of suffering slip very easily into problematic theologies when they try to offer explicit explanations for suffering. For example, the world's most vulnerable people are often those who suffer the most, whereas oppressors are often able to prosper. That is, theistic explanations of our world's suffering easily slip into, e.g., the just world fallacy, racist ideology (i.e., that God favors some race(s) of people over others), or patriarchal ideology. Instead of offering an explicit explanation, theists should instead be skeptical theists -- i.e., they should argue that an explanation for our world's suffering is beyond our ken. While skeptical theism avoids the aforementioned problematic implications, if skeptical theism is true, then our world's suffering cannot be fully explained. (shrink)

Competitive quiz shows, and Jeopardy! in particular, occupy a unique place among TV game shows. The most successful Jeopardy! contestants—Ken Jennings, Brad Rutter, Frank Sparenberg, and so on—have appeared on late night talk shows, been given book contracts, and been interviewed by major newspapers. This sort of treatment is substantially different than, say, the treatment that the winners of The Price is Right or Deal or No Deal are afforded. The distinctive status of quiz shows is evidenced in other ways (...) as well; for instance, consider the widespread public outrage that accompanied the discovery of fixed quiz shows in the 1950s of the fact that, when IBM wanted to find a task to test the latest developments of artificial intelligence, they chose the game of Jeopardy. In this essay, I’ll take a look at Jeopardy! as an exemplar of a certain sort of game, and will suggest that part of what gives Jeopardy! its distinctive status is that it is a qualitatively good game—that is, it is a game that that fulfills just those functions a game is supposed to fulfill. I’ll begin by showing how Jeopardy! meets Bernard Suits’ (1967, 1988, 2005) definition of games, according to which games are characterized as activities that have certain sorts of rules and in which participants are required to have the right attitude toward these rules. Among other things, I’ll talk about the role played by some of Jeopardy’s distinctive rules (“remember to phrase your answer in the form of a question”) and about the possible differences a monetary reward makes to game players’ attitudes. I’ll then go on to talk about what distinguishes Jeopardy! from other, superficially similar sorts of games. I’ll concentrate on three factors in particular: (1) the fact that the skills required by Jeopardy! have value outside of the game, (2) the fact that observers in Jeopardy! can “play along” with the contestants on TV, and (3) the fact that success in the game is determined, to a very great extent, by the skills of the participant and not by other facts (such as luck). To close, I’ll talk more generally about the distinction between good games and not-so-good games, and will discuss why it is that good games are worth taking seriously. In this section, I’ll discuss some recent work on the value of games and sports, and will make some suggestions about how these accounts might be tailored to account for the specific virtues of a game like Jeopardy. (shrink)

Vehicle externalists hold that the physical substrate of mental states can sometimes extend beyond the brain into the body and environment. In a particular variation on vehicle externalism, Susan Hurley (1998) and Alva Noë (2004) have argued that perceptual states, states with phenomenal qualities, are among the mental states that can sometimes spread beyond the brain. Their vehicle externalism about perceptual states will be the main topic of this article. In particular, I will address three strong objections to their vehicle (...) externalism, objections by Ned Block (2005), Jesse Prinz (2006), and Fred Adams & Ken Aizawa (2008). Though in some ways these objections appear disparate, I will argue that all of them depend on a crucial presupposition, one which Hurley, Noë, and their sympathizers should reject. This presupposition is that perceptual character is fixed by an instantaneous snapshot of neural states, a view that Hurley dubbed ‘temporal atomism.’ To put the presupposition in more familiar terms, all three objections are implicitly committed to something like Dennett’s Cartesian Theater (1991). -/- In the first part of the article, I will discuss Hurley and Noë’s views, and include reasons why their views entail the rejection of the Cartesian Theater. In the next part of the article I will introduce the three objections and show how they presuppose something like a Cartesian Theater. I will also show that, if the Cartesian Theater is rejected, the objections all vanish. In the final part of the article I address the charge that Noë and Hurley confuse causation with constitution. This charge reveals a lack of appreciation for the way in which dynamical explanation motivates Hurley’s externalism. (shrink)

My central research focus over the past 30 years has been the articulation of what I call a radically temporal approach to philosophy. In the papers below, written between 2001 and 2022, I treat the varying ways in which radically temporal thinking manifests itself in the phenomenological perspectives of Edmund Husserl, Martin Heidegger and Eugene Gendlin. I also discuss Jacques Derrida's deconstructive project and George Kelly's personal construct theory as examples of radically temporal thinking. With the aim of clarifying and (...) further defining the nature of this family of orientations, I have delineated the important ways in which it differs from a range of interlinked approaches in philosophy and psychology that includes hermeneutic and radical constructivisms, social constructionism, 4EA (Embodied, Embedded, Enactive, Extended, and Affective) cognition, Merleau-Ponty's phenomenology of corporeal intersubjectivity, autopoietic self-organizing systems theory and American pragmatism. Among the authors whose work I have submitted to critique from the radically temporal perspective are: Francisco Varela (autopoietic self-organizing systems), Shaun Gallagher, Evan Thompson, Matthew Ratcliffe, Maxine Sheets-Johnstone, Dan Zahavi, Hanne De Jaegher, Michel Bitbol, Thomas Fuchs (enactive, embodied ('4EA') cognition), Gilles Deleuze (Deleuzian biopolitics), Ken Gergen and John Shotter ( social constructionism), Kym Maclaren ( critical phenomenology) and Jan Slaby (critical neuroscience). I argue that these authors' accounts of the relation between affect, motivation and intention, attention , reflective and pre-reflective self-consciousness, the basis of mathematical naturalism and sensori-motor models of behavior, and the relation between the body, language and culture remain burdened by traditional presuppositions that the radically temporal philosophies of Heidegger et al put into question. (shrink)

What happens to the inner light of consciousness with the death of the individual body and brain? Reductive materialism assumes it simply fades to black. Others think of consciousness as indicating a continuation of self, a transformation, an awakening or even alternatives based on the quality of life experience. In this issue, speculation drawn from theoretic research are presented. -/- Table of Contents Epigraph: From “The Immortal”, Jorge Luis Borges iii Editor’s Introduction: I Killed a Squirrel the Other Day, Gregory (...) M. Nixon iv-xi Research Essays The Tilde Fallacy and Reincarnation: Variations on a "Skeptical" Argument Teed Rockwell 862-881 Death, Consciousness, and Phenomenology, Steve Bindeman 882-899 The Idealist View of Consciousness After Death, Bernardo Kastrup 900-909 Consciousness, a Cosmic Phenomenon—A Hypothesis, Eva Déli 910-930 The Theory of a Natural Afterlife: A Newfound, Real Possibility for What Awaits Us at Death, Bryon K. Ehlmann 931-950 Near-Death Cases Desegregating Non-Locality/Disembodiment via Quantum Mediated Consciousness: An Extended Version of the Cell-Soul Pathway, Contzen Pereira & J Shashi Kiran Reddy 951-968 On the Possible Existence of Quantum Consciousness After Brain Death, Massimo Pregnolato & Alfredo Pereira Jr. 969-991 Science and Postmortem Survival, Edward F. Kelly 992-1011 Explorations ISS Theory: Cosmic Consciousness, Self, and Life Beyond Death in a Hyperdimensional Physics, Chris H. Hardy 1012-1035 Does the Consciousness End, Remain Awake, or Transform After Death? Radivoj Stankovich (with Micho Durdevich) 1036-1050 Big Bang Spirituality, Life, and Death, Ken Bausch 1051-1063 Death, Consciousness and the Quantum Paradigm, Ronald Peter Glasberg 1064-1077 Living With Limits: The Continuum of Consciousness, Donald Brackett 1078-1098 Mysticism, Consciousness, Death, Mike Sosteric 1099-1118 What Dies? Eternalism and the Afterlife in William James, Jonathan Bricklin 1119-1140 Theories of Consciousness and Death: Does Consciousness End, Continue, Awaken, or Transform When the Body Dies? Roger Cook 1141-1153 It’s the Other Way Around: Matter is a Form of Consciousness and Death is the End of the Illusion of Life in the World, James P. Kowall & Pradeep B. Deshpande 1154-1208 Statements A Feminine Vision for the World Consciousness, & a New Outrageous Ontology, Lorna Green 1209-1217 The Mask of Eternity: The Quest for Immortality and the Afterlife, Iona Miller 1218-1228 Are We Really “such stuff as dreams are made on”? Chris Nunn 1229-1225 Is the Afterlife a Non-Question? (Let's Hope Not), Deepak Chopra 1226-1230 Life After Death? An Improbable Essay, Stuart Kauffman 1231-1236. (shrink)

Causal selection is the task of picking out, from a field of known causally relevant factors, some factors as elements of an explanation. The Causal Parity Thesis in the philosophy of biology challenges the usual ways of making such selections among different causes operating in a developing organism. The main target of this thesis is usually gene centrism, the doctrine that genes play some special role in ontogeny, which is often described in terms of information-bearing or programming. This paper is (...) concerned with the attempt of confronting the challenge coming from the Causal Parity Thesis by offering principles of causal selection that are spelled out in terms of an explicit philosophical account of causation, namely an interventionist account. I show that two such accounts that have been developed, although they contain important insights about causation in biology, nonetheless fail to provide an adequate reply to the Causal Parity challenge: Ken Waters's account of actual-difference making and Jim Woodward's account of causal specificity. A combination of the two also doesn't do the trick, nor does Laura Franklin-Hall's account of explanation (in this volume). We need additional conceptual resources. I argue that the resources we need consist in a special class of counterfactual conditionals, namely counterfactuals the antecedents of which describe biologically normal interventions. (shrink)

The hard problem of consciousness is the problem of explaining the existence of subjective experience in a world that is purely physical. As the usual theories fail to provide an adequate explanation, many philosophers started looking for alternatives. One of such alternatives is panpsychism, which has been increasingly gaining attention in the past few decades. Panpsychism is the view that fundamental entities of the world—fundamental particles, for example—have some form of very simple consciousness. And, in the theory, it is that (...) spark that allows for the existence of more complex consciousness, such as in humans. However, panpsychism faces a major difficulty with what is called ‘the combination problem’. This is the problem that, even if we accept that fundamental entities have some form of simple consciousness, it is not clear how one could go from a plurality of micro consciousness to a complex unified macro consciousness. If we think that an atom is conscious, for example, this seems to imply that it is a subject, a conscious subject. But how do we get to a human subject, with a complex human brain? It seems difficult to understand how putting together many conscious subjects—e.g. atoms—could lead to a further conscious subject—e.g. a human. In this thesis I discuss panpsychism and some of the arguments that support it. In addition, I explain the combination problem and its different aspects, as well as how it relates to panpsychism and the hard problem of consciousness. Finally, I discuss a solution to the combination problem that I believe has not been given proper attention in contemporary philosophy, which is one provided by the philosopher Ken Wilber. His solution involves changing the conceptual framework of how we understand the relation between macro and micro subjects. I also apply his theory to the variations of the combination problem, discussing how we could approach these issues under a single coherent view. Although Wilber prefers the term pan-interiorism, his theory can be considered a type of holarchical panpsychism. (shrink)

”Hvad er musik?” lyder et gammelt og godt spørgsmål, og svaret udformes i reglen som en redegørelse for, hvordan musik lyder. Med modernismen (Ligeti, Stockhausen, etc.). har vi imidlertid gjort den erfaring, at musikken kan forblive musik, selv når den er uden melodi, uden metrisk puls etc. Men hvis der ingen grænser er for, hvordan musik- ken kan lyde, kan vi heller ikke afgrænse – definere – musikken ved at henvise til, hvordan den lyder. Vi må, mener jeg, snarere tage (...) udgangspunkt i den særlige måde, vi sanseligt indstiller os på lyden – ”omgås” den – når vi hører den som musik. (shrink)