이 거대한 전문 용어가 가득한 (이 책은 정말 용어집을 필요로합니다!), 무겁게 학문적 인 작업이 교육의 세계에서 베스트 셀러가되었다는 것은 놀랍고 적합합니다. 하나는 전문 용어를 배우고 텍스트의 551 페이지와 노트의 238 페이지를 통해 쟁기 전념해야합니다. 그 동안에, 우리는 이것이 올 것의 단지 개요라고 몇 번이고 들었습니다! 그는 세 운동의 과잉을 심각하게 비판하지만, 이것은 매우 자유롭고 영적 관점에서 종교, 철학 및 행동 과학의 해체및 새로운 시대 신비주의와 포스트 모더니즘 해석이다- 즉, 최악의 데카곤없이, PM과 NAM 전문 용어, 맹렬한 평등주의와 반 과학적 반 지적. (...) 그는 철학, 심리학, 사회학 및 종교의 다양한 세계관을 자세히 분석하여 (주로) 보살핌과 광채로 치명적인 감소론적 결함을드러내지만, 그가 분석하는 대부분의 출처는 오늘날 거의 관련이 없습니다. 그들은 그가 20 년 전에 연구하고 쓸 때 이미 구식이었던 용어와 개념을 사용합니다. 하나는 하버마스, 칸트, 에머슨, 정 대한 전문 용어의 끝없는 페이지를 통해 슬로깅한다. 진주에 도착합니다. 당신은 나쁜 쓰기, 혼란스럽고 오래된 아이디어와 쓸모없는 전문 용어의 훌륭한 샘플링을 얻을. (shrink)

This article offers a normative analysis of some of the most controversial incidents involving police—what I call police-generated killings. In these cases, bad police tactics create a situation where deadly force becomes necessary, becomes perceived as necessary, or occurs unintentionally. Police deserve blame for such killings because they choose tactics that unnecessarily raise the risk of deadly force, thus violating their obligation to prioritize the protection of life. Since current law in the United States fails to ban many bad tactics, (...) police- generated killings often are treated as “lawful but awful.” To address these killings, some call on changes to departmental policies or voluntary reparations by local governments, yet such measures leave in place a troubling gap between ethics and law. I argue that police-generated killings merit legal sanctions by appealing to a relevant analogy: self-generated self-defense, where the person who engages in self-defense started the trouble. The persistent lack of accountability for police-generated killings threatens life, police legitimacy, and trust in democratic institutions. The article closes by identifying tools in law and policy to address this challenge. (shrink)

On the ten year anniversary of 2Girls1Cup, this article examines the complex balance of shock, pleasure and disgust elicited by this viral video.

Despite the closure of virtually all original grindhouse cinemas, ‘grindhouse’ lives on as a conceptual term. This article contends that the prevailing conceptualization of ‘grindhouse’ is problematized by a widening gap between the original grindhouse context (‘past’) and the DVD/home-viewing context (present). Despite fans’ and filmmakers’ desire to preserve this part of exploitation cinema history, the world of the grindhouse is now little more than a blurry set of tall-tales and faded phenomenal experiences, which are subject to present-bias. The continuing (...) usefulness of grindhouse-qua-concept requires that one should pay heed to the contemporary contexts in which ‘grindhouse’ is evoked. (shrink)

Russellian monism (RM) attributes experience to the intrinsic nature of physics’ abstract mathematical accounts of the world. It’s touted as a promising mind-body solution, for it avoids dualist and physicalist issues. Yet this status is imperiled by its deeply obscure ideas of mental combination, protophenomenal entities, emergent experience, grounded abstractions, et cetera. This “metaphysical magical mystery tour” may render RM as problematic as competing views. A clear, simple panpsychism akin to Strawson’s might avoid these issues. In this theory (NPP), experience (...) is the real, underlying nature of matter-energy, hidden beyond its sensory appearances. NPP may avoid panpsychist combination problems by showing how neurons can electrically bind their minimal experience to form percepts, thoughts, and subjects. This might explain combination in testable ways, while RM instead turns to questionable microsubjects and binding mechanisms. NPP’s virtues are its metaphysical simplicity, empirical support, testable foundations—and its avoidance of the issues in RM and other standard theories. It might point to a mind-body solution. (shrink)

Much of the literature on forgiveness is dedicated to understanding the reasons to forgive and what changes in attitude are required to do so. But philosophers have been much less attentive to what happens after agents forgive. This is a serious oversight, since the reasons to forgive do not always retain their force and it is not always possible, or advisable, to maintain the changes in attitudes that forgiveness requires. Fortunately, Monique Wonderly has begun to fill this lacuna in the (...) literature with her recent work on un-forgiveness. According to the author, un-forgiveness involves altering our attitudes, by either reinhabiting an adversarial stance towards an agent for their wrongdoing and/or returning one’s relationship with them to the state it was in prior to forgiveness taking place. While Wonderly’s account of un-forgiveness is both novel and illuminating, it is incomplete. In this paper, we argue that one can also un-forgive by forgetting that the wrong in question occurred and/or that the previously forgiven agent was the perpetrator of the wrong. We contend that not only is it possible to un-forgive by forgetting, but doing so can be both justified and morally important. We defend our view by considering the objection that un-forgiveness by forgetting can negatively impact victims’ relationships with wrongdoers as well as addressing the concern that agents cannot exercise their agency over their memories in order to un-forgive by forgetting. (shrink)

Higher education institutions are mining and analyzing student data to effect educational, political, and managerial outcomes. Done under the banner of “learning analytics,” this work can—and often does—surface sensitive data and information about, inter alia, a student’s demographics, academic performance, offline and online movements, physical fitness, mental wellbeing, and social network. With these data, institutions and third parties are able to describe student life, predict future behaviors, and intervene to address academic or other barriers to student success (however defined). Learning (...) analytics, consequently, raise serious issues concerning student privacy, autonomy, and the appropriate flow of student data. We argue that issues around privacy lead to valid questions about the degree to which students should trust their institution to use learning analytics data and other artifacts (algorithms, predictive scores) with their interests in mind. We argue that higher education institutions are paradigms of information fiduciaries. As such, colleges and universities have a special responsibility to their students. In this article, we use the information fiduciary concept to analyze cases when learning analytics violate an institution’s responsibility to its students. (shrink)

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)

A sceptical response to the idea that wisdom may be turned into a new academic subject or science, and to the idea that to do so would be in any way be wise. .

The case of Andrew Gobea, the first child to receive experimental gene therapy for SCID, and a reflection on the associated ethical implications of gene therapy research.

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.

This is an introduction to the book Fiinta istorica (The Historical Being), written by the 20th century Romanian philosopher Lucian Blaga. Blaga was an important thinker, authoring over 30 books of philosophy and a great many articles. Unfortunatly very little of his work is translated into English. This book is the very last that he wrote. It was published posthumously.

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)

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.

Unger’s Problem of the Many seems to show that the familiar macroscopic world is much stranger than it appears. From plausible theses about the boundaries of or- dinary objects, Unger drew the conclusion that wherever there seems to be just one cat, cloud, table, human, or thinker, really there are many millions; and likewise for any other familiar kind of individual. In Lewis’s hands, this puzzle was subtly altered by an appeal to vagueness or indeterminacy about the the boundaries of (...) ordinary objects. This thesis examines the relation between these puzzles, and also to the phenomenon of vagueness. Chapter 1 begins by distinguishing Unger’s puzzle of too many candidates from Lewis’s puzzle of borderline, or vague, candidates. We show that, contra Unger, the question of whether this is a genuine, as opposed to merely apparent, distinction cannot be settled without investigation into the nature of vagueness. Chapter 2 begins this investigation by developing a broadly supervaluationist account of vague- ness that is immune to the standard objections. This account is applied to Unger’s and Lewis’s puzzles in chapters 3 and 4. Chapter 3 shows that, despite its popularity, Lewis’s own approach to the puzzles is unsatisfactory: it does not so much solve the puzzle, as prevent us from expressing them; it cannot be extended to objects that self-refer; it is committed to objectionable theses about temporal and modal metaphysics and semantics. Chapter 4 develops a conception of ordinary objects that emphasises the role of identity conditions and change, and uses it to resolve both Problems of the Many. This allows us to diagnose the source of the puzzles: an overemphasis on mereology in contemporary material ontology. (shrink)

Apocalypse, it seems, is everywhere. Preachers with vast followings proclaim the world's end and apocalyptic fears grip even the non-religious amid climate change, pandemics, and threats of nuclear war. But as these ideas pervade popular discourse, grasping their logic remains elusive. Ben Jones argues that we can gain insight into apocalyptic thought through secular thinkers. He starts with a puzzle: Why would secular thinkers draw on Christian apocalyptic beliefs--often dismissed as bizarre--to interpret politics? The apocalyptic tradition proves appealing in (...) part because it theorizes a special relation between crisis and utopia. Apocalyptic thought points to crisis as the vehicle to bring the previously impossible within reach, thus offering apparent resources for navigating challenges in ideal theory, which tries to imagine the best and most just society. By examining apocalyptic thought's appeal and risks, this study arrives at new insights on the limits of ideal theory and utopian hope. (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)

Analytic philosophers of religion typically take God to be ‘the personal omniGod’ – a person who is omnipotent, omniscient and omnibenevolent, and who creates and sustains all else that exists. Analytic philosophers also tend to assume that the personal omniGod is the God of ‘classical’ theism. Arguably, this is a mistake. To be consistent, a classical theist or her supporter must deny that God is literally a person. They need not, however, deny the aptness of using personal language, or of (...) thinking of God as a person or personal at the level of religious psychology. (shrink)

Experimental results on the Ellsberg paradox typically reveal behavior that is commonly interpreted as ambiguity aversion. The experiments reported in the current paper find the objective probabilities for drawing a red ball that make subjects indifferent between various risky and uncertain Ellsberg bets. They allow us to examine the predictive power of alternative principles of choice under uncertainty, including the objective maximin and Hurwicz criteria, the sure-thing principle, and the principle of insufficient reason. Contrary to our expectations, the principle of (...) insufficient reason performed substantially better than rival theories in our experiment, with ambiguity aversion appearing only as a secondary phenomenon. (shrink)

This case study examines some of the challenges, and in particular conflicts of interest, that professors face in writing letters of reference for their students.

In many jurisdictions in the United States and elsewhere, the law governing deadly force by police and civilians contains a notable asymmetry. Often civilians but not police are bound by the imminence requirement—that is, a necessary condition for justifying deadly force is reasonable belief that oneself or another innocent person faces imminent threat of grave harm. In U.S. law enforcement, however, there has been some shift toward the imminence requirement, most evident in the use-of-force policy adopted by the Department of (...) Justice in 2022. This article defends that shift and argues that the ethical case for the imminence requirement in policing is stronger than Shannon Brandt Ford suggests in a recent article. Though the imminence requirement’s impacts on policing and public safety require ongoing study, the principle of equality before the law and the Doctrine of Doing and Allowing both provide moral grounds for this requirement, especially given the lack of evidence that the status quo helps protect life. (shrink)

Over the last 25 years, there has been a concerted effort to settle questions about multiple realization by bringing detailed scientific evidence to bear. Ken Aizawa and Carl Gillett have pursued this scientific approach to multiple realization with a precise theory and applications. This paper reviews the application of the Dimensioned approach to human color vision, addressing objections that have appeared in the literature.

This article identifies an argument in Hobbes’s writings often overlooked but relevant to current philosophical debates. Political philosophers tend to categorize his thought as representing consent or rescue theories of political authority. Though these interpretations have textual support and are understandable, they leave out one of his most compelling arguments – what we call the lesser evil argument for political authority, expressed most explicitly in Chapter 20 of Leviathan. Hobbes frankly admits the state’s evils but appeals to the significant disparity (...) between those evils and the greater evils outside the state as a basis for political authority. More than a passing observation, aspects of the lesser evil argument appear in each of his three major political works. In addition to outlining this argument, the article examines its significance both for Hobbes scholarship and recent philosophical debates on political authority. (shrink)

Some New Mechanists have proposed that claims of compositional relations are justified by combining the results of top-down and bottom-up interlevel interventions. But what do scientists do when they can perform, say, a cellular intervention, but not a subcellular detection? In such cases, paired interlevel interventions are unavailable. We propose that scientists use abduction and we illustrate its use through a case study of the ionic theory of resting and action potentials.

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)

Sometimes neuroscientists discover distinct realizations for a single psychological property. In considering such cases, some philosophers have maintained that scientists will abandon the single multiply realized psychological property in favor of one or more uniquely realized psychological properties. In this paper, we build on the Dimensioned theory of realization and a companion theory of multiple realization to argue that this is not the case. Whether scientists postulate unique realizations or multiple realizations is not determined by the neuroscience alone, but by (...) the psychological theory under examination. Thus, one might say that, in the splitting or non-splitting of properties, psychology enjoys a kind of autonomy from neuroscience. (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)

How do brains create all our different colors, pains, and other conscious qualities? These various qualia are the most essential aspects of consciousness. Yet standard neuroscience (primarily based on synaptic information processing) has not found the synaptic-firing codes, sometimes described as the “spike code,” to account for how these qualia arise and how they unite to form complex perceptions, emotions, et cetera. Nor is it clear how to get from these abstract codes to the qualia we experience. But electromagnetic field (...) (versus synaptic) approaches to how qualia arise have been offered in recent years by Pockett, McFadden, Jones, Bond, Ward and Guevera, Keppler and Shani, Hunt and Schooler, et cetera. These EM-field approaches show promise in offering more viable accounts of qualia. Yet, until now, they have not been evaluated together. We review various EM field theories of qualia, highlight their strengths and weaknesses, and contrast these theories with standard neuroscience approaches. -/- . (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?

Since 1990, The Simpsons’ annual “Treehouse of Horror” episodes have constituted a production sub-context within the series, having their own conventions and historical trajectory. These specials incorporate horror plots and devices, as well as general references to science fiction, into the series’ base in situation comedy. The Halloween specials disrupt the series usual family-oriented sitcom structure, dissolving the ideological balances that stabilise that society. By depicting the Family and community in extreme circumstances, in seeing the horror of ‘how things could (...) be’, the Treehouse episode leave us with hanging questions about the nature of social being that bleed into the regular sitcom-style episodes. By breaking from the comparatively realistic social-satire that characterizes the series as a whole, the Halloween specials cast a reflexive gaze back onto “The Simpsons” itself. As a result, the “Treehouse” episodes are valuable as a means of examining the strategies and implications of the series as a whole. Bakhtin’s model of the carnivalesque is utilised to underscore these disruptive traits that characterise the Treehouse episodes. (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)

Police killings of individuals with mental illness have prompted calls for greater funding of mental health services to shift responsibilities away from the police. Such investments can reduce police interactions with vulnerable populations but are unlikely to eliminate them entirely, particularly in cases where individuals with mental illness have a weapon or are otherwise dangerous. It remains a pressing question, then, how police should respond to these and other vulnerable aggressors with diminished culpability (VADCs). This article considers and ultimately rejects (...) three potential approaches from the ethics of defensive force literature. It looks to improve on them by developing what I call the fusion account, which explains how vulnerability and diminished culpability fit together to provide moral grounds for extra protections from deadly force. The article’s final sections explore the policy implications of the fusion account for police administrators, officers, and the law. (shrink)

The undead have been evoked in philosophical hypotheses regarding consciousness, but such discussions often come across as abstract academic exercises, inapplicable to personal experience. Movie zombies illuminate these somewhat opaque philosophical debates via storytelling devices – narrative, characterization, dialogue and so forth – which approach experience and consciousness in an instinctively accessible manner. This chapter focuses on a particular strand of the subgenre: transition narratives, in which human protagonists gradually turn into zombies. Transition stories typically centralize social relationships; affiliations and (...) interactions with other beings that give her (human) life meaning. These narratives routinely posit that consciousness and sociosexuality are intertwined aspects of experience that distinguish human from zombie, foregrounding a core romantic coupling and charting its decline as the protagonist transforms into a flesh-eating monster. These notions are explored via an indicative case study: Pretty Dead (2013). The film brings two views on the self – intuitive and empirical – into direct conflict, questioning their compatibility. The protagonist’s sociosexual decline is employed to illustrate that a) there is a troubling disjuncture between rationalist-theoretical conceptions of selfhood and selfhood as it is experienced in the real, social realm, and b) there is a natural bridge between personal, introspective self-knowledge and external social selfhood. By depicting a form of selfhood that defies rationalist logic (zom-being), transitional zombie films not only animate philosophical debates about consciousness, but also challenge their viewers to develop new conceptual (theoretical and imaginative) vocabularies via which to describe and engage with both selfhood and sociosexuality. (shrink)

Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Many scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. -/- But this formulation is not quite right. The real paradox raised by the different legal statuses (...) of blackmail threats to disclose and disclosure itself involves a contradiction between our strong intuition that blackmail threats should be criminal and some equally strong arguments, all of which depend on the fact that disclosure is legal, that blackmail threats should be legal. So an adequate solution to the real Blackmail Paradox requires us either to drop the intuition or to refute the pro-legalization arguments. -/- This Article will adopt the latter approach. It will explain why the six main arguments for legalizing blackmail threats all fail. In the course of refuting one of these arguments, it will also offer a novel positive justification for criminalizing blackmail threats: they should be criminal for the same reason that menacing, harassment, and stalking are criminal--namely, because they involve the reasonable likelihood, and usually the intent, of putting the victim into a state of especially great fear and anxiety. -/- Of course, one might object that disclosure itself is likely to have the same effect, if not malicious purpose. Yet, again, it is still legal. But this point shows only that we as a society value freedom of speech more than we value freedom from infliction of emotional injury. It does not show that we do not value freedom from infliction of emotional injury sufficiently to protect it when competing moral or institutional interests such as freedom of speech are not at stake. (shrink)

Despite the broad agreement that microaggressions cause harm, there is disagreement on how to capture microaggressor's accountability. Friedlaender (2018) argues that, in many cases, survivors of microaggressions are not justified in holding the microaggressor blameworthy or blaming them (Friedlaender 2018, 14). I argue, in contrast, that we are generally justified in holding most microaggressors blameworthy and blaming them. By adopting a broadly blame-inclusive account of microaggressor accountability, we are in a position to satisfy the desiderata an ideal account should meet: (...) (1) account for cumulative harm; (2) consistently allow for standing to forgive; and (3) be risk sensitive to the microaggressed. By possessing these virtues, I believe my view of microaggressor accountability better equips us to take seriously the harm caused by microaggressions and center the well-being of microaggressees. I respond to Friedlaender's concerns regarding epistemic ignorance and what they call the disaggregation problem. In contrast to Friedlaender's broadly blame-exclusive responsibility model, I motivate a broadly blame-inclusive model for holding microaggressors accountable, explaining how it fulfills the desiderata. I respond to the objection that my account is too blame-inclusive by providing examples of (1) justified microaggressions; (2) excused microaggressions; and (3) blameworthiless microaggressions where blame is justified all the same. (shrink)

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)

One prominent argument in international law and religious thought for abolishing capital punishment is that it violates individuals’ right to life. Notably, this _right-to-life argument_ emerged from normative and legal frameworks that recognize deadly force against aggressors as justified when necessary to stop their unjust threat of grave harm. Can capital punishment be necessary in this sense—and thus justified defensive killing? If so, the right-to-life argument would have to admit certain exceptions where executions are justified. Drawing on work by Hugo (...) Bedau, I identify a thought experiment where executions are justified defensive killing but explain why they cannot be in our world. A state’s obligations to its prisoners include the _obligation to use nonlethal incapacitation_ (ONI), which applies as long as prisoners pose no imminent threat. ONI precludes executions for reasons of future dangerousness. By subjecting the right-to-life argument to closer scrutiny, this article ultimately places it on firmer ground. (shrink)

Drawing on the well-established understanding of the zombie as metaphor for the deadening effects of consumer capitalism, this chapter seeks to account for three distinct changes that contextualise 21st century zombie fiction. The first is situational: the global economic crisis has amplified the anxieties that inspired Romero's critique of consumer capitalism in Dawn of the Dead (1978). The second is intellectual: as Chapman and Anderson (2011) note, there has been an “explosion of research on all aspects of disgust” in recent (...) years. The third concerns the subgenre itself: zombies have become increasingly sexualised since the late 1990s. These issues intersect in a numerous recent zombie films - including Zombie Strippers! (2008), Zombies! Zombies! Zombies! (2008), Big Tits Zombie (2010), and Zombies Vs Strippers (2012) - that are centred around or within strip clubs. Stripping epitomises the logic of consumer capitalism, offering tantalising promises but little physical satisfaction. Stripping translates sexual desire into a voyeuristic transaction, evacuated of corporeal messiness. The zombie’s decomposing body epitomises disgust, and its presence in the strip-club disturbs the fantasy typically provided within that context. In the zombie infected strip-club, intimate contact is damaging rather than desirous. In these respects, zombies hypostatize numerous tensions that are usually masked by fantasy and financial exchange. In doing so, these zombies reify the horrors of late capitalism. Their disgusting bodies disrupt the foundational logic of consumerism qua desire. (shrink)

Neuroelectrical panpsychism (NP) offers a clear, simple, testable mind–body solution. It says that everything is at least minimally conscious, and electrical activity across separate neurons creates a unified, intelligent mind. NP draws on recent experimental evidence to address the easy problem of specifying the mind's neural correlates. These correlates are neuroelectrical activities that, for example, generate our different qualia, unite them to form perceptions and emotions, and help guide brain operations. NP also addresses the hard problem of why minds accompany (...) these neural correlates. Here, the real nature of matter-energy (beyond how it appears to sense organs) is consciousness that occupies space, exerts forces, and unites neuroelectrically to form minds. This doesn't reduce consciousness to observable neural activities, nor posit any radically different entities. NP also deals with panpsychism's combination problem by explaining how the mind's subject and experiences arise by electrically combining simple experiences in brains. (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)

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.

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)

I defend a distinction between abstraction and idealization. Idealizations distort; abstractions do not.

Neuroscience hasn’t shown how quite similar sensory circuits encode quite different colors and other qualia, nor how the unified pictorial form of images is encoded, nor how these codes yield conscious images. Neuroscience’s fixation here on cortical codes may be the culprit. Treating conscious images partly as retinal substances may avoid these problems. The evidence for conscious retinal images is that (a) the cortical codes for images are quite problematic, (b) injecting retinas with certain genes turns dichromats into trichromats without (...) cortical help, (c) retinas can discern colors by themselves without cortex, (d) retinal distortions appear in images but cortical distortions don’t, (e) retinal detectors support finely detailed colors, but V4 detectors don’t, due to their big receptive fields, (f) retinal activity has pictorial form, but viable cortical codes for pictorial form don’t exist. So, the colors and unified pictorial form of images arguably arise mainly across arrays of retinal detectors—not from abstract cortical codes. Images may be hidden in retinal activity beyond what EEGs show of it (cf. Strawson’s monism). Also, cortex refines these retinal images but cortical impairment (anesthesia, lesions, etc.) blocks awareness of them, for they’re no longer accessible to the mind’s subject-centered consciousness, resident in cortex. This proposal is largely testable and based in recent evidence. It avoids neuroscience’s elusive, problematic coded images and enigmatic explanations of how they become conscious. (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)

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)

In this paper we show that being blameworthy for not blaming and being blameworthy for victim blaming are structurally similar. Each involve the two traditional contours of moral responsibility: a knowledge condition and a control condition. But interestingly, in these cases knowledge and control are importantly interrelated. Being in a relationship with another person affords us varying degrees of knowledge about them. This knowledge in turn affords agents in relationships varying degrees of influence over one another. Cases where an agent (...) is especially blameworthy for failing to blame a friend, a close colleague, or a spouse highlight this. The interdependence of these two conditions in interpersonal relationships sheds (partial) light on why victim blaming is morally wrong. We argue that victim blamers suffer from a kind of moral myopia by only focusing on what the victim could do, in virtue of their being in a relationship of some sort with their abuser, to avoid abuse. We focus specifically on cases where such moral myopia is fueled by misogynistic and hierarchical gender schema and scripts. (shrink)

A dilemma exists when a doctor is faced with a child or young person who refuses medically indicated treatment. The Gillick case has been interpreted by many to mean that a child of sufficient age and intelligence could validly consent or refuse consent to treatment. Recent decisions of the Court of Appeal on a child's refusal of medical treatment have clouded the issue and undermined the spirit of the Gillick decision and the Children Act 1989. It is now the case (...) that a child patient whose competence is in doubt will be found rational if he or she accepts the proposal to treat but may be found incompetent if he or she disagrees. Practitioners are alerted to the anomalies now exhibited by the law on the issue of children's consent and refusal. The impact of the decisions from the perspectives of medicine, ethics, and the law are examined. Practitioners should review each case of child care carefully and in cases of doubt seek legal advice. (shrink)

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)