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 explicate the conditions required for criminal responsibility, provide an overview of criminal defenses, distinguish criminal responsibility from both tort liability and moral responsibility, and explicate the current state of the insanity defense.

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)

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?

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)

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)

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)

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)

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)

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 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.

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.

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)

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)

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 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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

A surprisingly large number of scholars believe that (a) we are blameworthy, and therefore punishable, only for what we have control over; (b) we have control only over our actions and intentions, not the consequences of our actions; and therefore (c) if two agents perform the very same action (e.g., attempting to kill) with the very same intentions, then they are equally blameworthy and deserving of equal punishment – even if only one of them succeeds in killing. This paper argues (...) against these “equivalence theorists” that harmful consequences do make a moral difference, that the harm produced by the killer’s attempt retroactively makes her action more blameworthy, and therefore deserving of more punishment, than the failed attempter’s attempt. The primary argument for this “non-equivalence theory” is an analogy with gambling. Just as a gambler makes a deal with the casino to allow metaphysical luck to retroactively determine the “profit status” of her bet, so too the attempted killer makes a deal with “the casino of morality” to allow metaphysical luck to retroactively determine the moral status of her attempt. She makes the “moral deal” that if her attempt succeeds, her attempt was more blameworthy than if her attempt does not succeed. And it is the greater blameworthiness of the killer’s attempt that justifies our intuition that the killer should be punished more harshly than the failed attempter. (shrink)

The euthanasia literature typically discusses the difference between “active” and “passive” means of ending a patient’s life. Physician-assisted suicide differs from both active and passive forms of euthanasia insofar as the physician does not administer the means of suicide to the patient. Instead, she merely prescribes and dispenses them to the patient and lets the patient “do the rest” – if and when the patient chooses. One supposed advantage of this process is that it maximizes the patient’s autonomy with respect (...) to both her decision to die and the dying process itself. Still, despite this supposed advantage, Oregon is the only state to have legalized physician-assisted suicide. After summarizing the most important Supreme Court opinions on euthanasia (namely, Cruzan v. Director, Missouri Dep’t of Health; Vacco v. Quill; Washington v. Glucksberg; and Gonzales v. Oregon), this paper argues that while there are no strong ethical reasons against legalizing physician-assisted suicide, there are some very strong policy reasons for keeping it criminal in the other forty-nine states. (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)

Tricycles are one of the most popular, most accessible, and least expensive forms of public transit in the Philippines. In addition to being common modes of transportation, motorcycles, and tricycles also contribute significantly to the livelihoods of millions of Filipinos who rely on them for a living. Hence, this study explores the lived experiences and challenges faced by female tricycle drivers. Employing the Interpretative Phenomenological Analysis, the findings of this study were: The participants strive to assist their husbands in providing (...) for their families. Their motivation comes primarily from their families. They each make every effort to provide a better life for their children. Thus, have faced challenges related to their ability to make ends meet, find time to balance job and family obligations, and encounter discrimination and stereotypes in others, and day-to-day life. Moreover, they evade and disregard the problem and discrimination as a coping mechanism. They feel that if they ignore their problem and focus on achieving their goal of providing for their family, it would eventually disappear. (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.

Libertarians like Robert Kane believe that indeterminism is necessaryfor free will. They think this in part because they hold both (1) thatmy being the ultimate cause of at least part of myself is necessary forfree will and (2) that indeterminism is necessary for this ``ultimateself-causation''. But seductive and intuitive as this ``USCLibertarianism'' may sound, it is untenable. In the end, nometaphysically coherent (not to mention empirically valid) conception ofultimate self-causation is available. So the basic intuition motivatingthe USC Libertarian is ultimately (...) impossible to fulfill. (shrink)

Coherentism in epistemology has long suffered from lack of formal and quantitative explication of the notion of coherence. One might hope that probabilistic accounts of coherence such as those proposed by Lewis, Shogenji, Olsson, Fitelson, and Bovens and Hartmann will finally help solve this problem. This paper shows, however, that those accounts have a serious common problem: the problem of belief individuation. The coherence degree that each of the accounts assigns to an information set (or the verdict it gives as (...) to whether the set is coherent tout court) depends on how beliefs (or propositions) that represent the set are individuated. Indeed, logically equivalent belief sets that represent the same information set can be given drastically different degrees of coherence. This feature clashes with our natural and reasonable expectation that the coherence degree of a belief set does not change unless the believer adds essentially new information to the set or drops old information from it; or, to put it simply, that the believer cannot raise or lower the degree of coherence by purely logical reasoning. None of the accounts in question can adequately deal with coherence once logical inferences get into the picture. Toward the end of the paper, another notion of coherence that takes into account not only the contents but also the origins (or sources) of the relevant beliefs is considered. It is argued that this notion of coherence is of dubious significance, and that it does not help solve the problem of belief individuation. (shrink)

We explicate and evaluate arguments both for and against the insanity defense itself, different versions of the insanity defense (M'Naghten, Model Penal Code, and Durham (or Product)), the Irresistible Impulse rule, and various reform proposals.

We use probability-matching variations on Ellsberg’s single-urn experiment to assess three questions: (1) How sensitive are ambiguity attitudes to changes from a gain to a loss frame? (2) How sensitive are ambiguity attitudes to making ambiguity easier to recognize? (3) What is the relation between subjects’ consistency of choice and the ambiguity attitudes their choices display? Contrary to most other studies, we find that a switch from a gain to a loss frame does not lead to a switch from ambiguity (...) aversion to ambiguity neutrality and/or ambiguity seeking. We also find that making ambiguity easier to recognize has little effect. Finally, we find that while ambiguity aversion does not depend on consistency, other attitudes do: consistent choosers are much more likely to be ambiguity neutral, while ambiguity seeking is much more frequent among highly inconsistent choosers. (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)

This introduction summarizes the contributions made by authors Ian Cornelius, Bernd Frohmann, Ronald E. Day, Jonathan Furner, John M. Budd, Don Fallis, Birger Hjørland, Torkild Thellefsen, Elin K. Jakob, Jack Mills, Elaine Svenonius, Stephen Paling, Hope A. Olson, Amanda Spink and Charles Cole, and Søren Brier, to an inaugural review of the Philosophy of Information from perspectives in Library and Information Science/Studies. Philosopher Luciano Floridi provides an Afterword with respect to the application of this new school of thought as of (...) 2004. -/- [A decennial issue was published in 2015, also in Library Trends, and a third issue on the topic is planned for 2024.] -/- . (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.

We analyze Case in terms of independent constraints on syntactic structures — namely, the Projection Principle (inherent Case), the ECP (marked structural Case), and the theory of extended projections (the nominative, a Caseless nominal projection). The resulting theory accounts for (1) the government constraint on Case assignment, (2) all major Case systems (accusative, ergative, active, three-way, and split), (3) Case alternations (passive, antipassive, and ECM), and (4) the Case of nominal possessors. Structural Case may correlate with pronominal agreement because the (...) former can, and the latter must, involve antecedent-government by a functional head. However, neither phenomenon implies the other. (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)

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)

Ergative languages make up a substantial percentage of the world’s languages. They have a case system which distinguishes the subject of a transitive verb from that of an intransitive, grouping the latter with the object — that is, the object of a transitive verb and the subject of an intransitive verb are in the same case, which we refer to as the nominative. However, ergative languages differ from one another in important ways. In Greenlandic Eskimo the nominative, whether it is (...) a subject or an object, is syntactically prominent in the clause, much like a subject in English; but in Warlpiri, the nominative is not prominent, more like an object. The variable prominence of the nominative manifests itself as well in the semantics, e.g., default scope of indefinite and quantified nominals. Using data from Greenlandic Eskimo and Warlpiri, and from Hindi, which represents a split ergative system, this paper develops a general theory of case which explains the observed differences amongst ergative languages. In addition, the theory is designed to account for the accusative language type, represented by English. (shrink)

Pets are truly great companions. Some individuals feel that owning a pet can help them prepare for a growing family by giving them a taste of what it would be like to have children. This study also looks into the psychological well-being and life experiences of LGBT fur parents. Employing the Interpretative Phenomenological Analysis, the findings of this study were: (1) With the presence of fur babies, participants had the ease to overcome stressful events, especially the ones that affect their (...) mental health. With these, they have the desire to take care of their fur babies under all circumstances because they see their fur babies as family members. Fur babies are excellent sources of motivation, confidence, and happiness for fur parents. They are treated as family members because they contribute to the mental and emotional aspects of fur parents. Moreover, the majority of respondents valued their pets far more than their actual family members, however, some didn't spend as much time with their relatives and friends. This study comes to the conclusion that a stronger bond with one's dog was also linked to higher anxiety about being unloved and rejected by family members and people surrounding us, which was linked to a heavier impact on one's psychological well-being. In reality, fur parents, especially LGBT parents, offer their fur babies a lot of love and attention compared to other things. (shrink)

Education is essential to life, and the epidemic affected everything. Parents want to get their kids the most important teaching. However, since COVID-19 has affected schools and other institutions, providing education has become the most significant issue. Online learning pedagogy uses technology to provide high-quality learning environments for student-centered learning. Further, this study explores the experiences and challenges faced by Filipino tertiary students regarding the lack of gadgets amidst online learning. Employing the Interpretative Phenomenological Analysis, the findings of this study (...) were: Some college students still have difficulty with online learning. Attending online classes is difficult, especially for students with limited resources. Smartphones, other gadgets, and internet connections play a significant role in online classrooms because they are the ones that students utilize while learning online, which is essential for successful participation in online higher education as well as for solving a variety of other difficulties in the new normal. Further, College students face similar health challenges. Having an online learning setup is not just about students' struggles with learning resources but also about their health issues. When our respondents used their smartphones for an extended period, they reported eye aches and blurred vision. They also said that some of their body parts, such as their legs and back, are aching, and feel pressured because they tend to overthink things in their surroundings, which causes them incredible difficulty in performing their best in attending online classes. Even though college students continue to suffer from a lack of learning resources during online sessions, they do their best to manage their needs and the scarcity of learning resources. Students have unique coping methods for dealing with difficulties in online classes. (shrink)

Forgotten Truth is primarily a presentation of the traditional esoteric view that reality consists of a hierarchy of Being. Within the hierarchy there are an indefinite number of worlds, but they can be classified into four levels: the terrestrial, psychic, and celestial planes, and the Infinite. The corresponding levels within the human microcosm are body, mind, soul, and spirit. “From the multiple heavens of Judaism to the storied structure of the Hindu temple and the angelologies of innumerable traditions, the view (...) was reached convergently and independently, as if by innate tropism, by virtually all known societies…” (18). The important exception is our current society, whose fundamental flaw is its inclination to reduce all reality to the terrestrial plane alone. Modernity is “captive of an outlook presumed to be scientific but in fact scientistic” (17); it goes beyond the actual findings of science to deny that other approaches to knowledge are valid and other truths true” (16). (shrink)

The purpose of this paper is to review and discuss Luciano Floridi’s 2019 book The Logic of Information: A Theory of Philosophy as Conceptual Design, the latest instalment in his philosophy of information (PI) tetralogy, particularly with respect to its implications for library and information studies (LIS) .

The gendered occupational role can have an impact on both employees and organizations they work for. This study aims to explore different sides and factors that are related to experience, challenges, and coping mechanisms of male dry cleaners amidst gendered occupational roles. The methodology used were: Heideggeran Phenomenology, Semi- structured Interview Guide, Interpretative Phenomenological Analysis (IPA) by van Kaam and modified by Moustakas. This st udy had 15 participants. Based on the data collected, the following themes were identified in this (...) study; namely, (1) The Steadf ast, (2) and The Challenged. Likewise, the following sub themes were identified from the data- gathering and are based on their perspectives. Masculinity of a male laundry employee can really affect the perspective of an in dividual, the more the male look masculine the more that the people can easily conclude that his physique is not suitable on the jobs like laundry, because people always expect that men should work on a heavy work like truck, construction sites, etc. (shrink)

Due to the COVID-19 pandemic, preschool teachers must quickly adjust to online education. During COVID-19, teachers have been forced to embrace technology. This study investigates the lived experiences and challenges of preschool teachers. Employing the Interpretative Phenomenological Analysis, the findings of this study were: It was found that managing parent expectations and dealing with challenging parent behavior were among the sources of stress for preschool teachers. This fear of being judged or criticized by parents could influence their teaching practices and (...) interactions with students, leading to feelings of anxiety or insecurity. Further, preschool teachers faced challenges in implementing blended learning, including technological issues, a lack of support and resources, and difficulties creating engaging online content. However, as teachers gained more experience and knowledge about effectively using online tools and technologies for instruction, these challenges became more manageable. Also limited or unreliable internet connectivity was also a significant challenge faced by teachers and students in the transition to online learning. The digital divide and various technical, bandwidth, and security concerns exacerbated it. Internet connection was a major frustration for her during online classes as it affected her ability to communicate and teach her students effectively. Moreover, preschool teachers have had to adapt to the challenges of blended learning by implementing various strategies and making preparations to guide and support their students effectively. These strategies have included using games and other engaging activities to keep students motivated and engaged, developing online lesson plans, and using online teaching platforms and tools. However, the transition to blended learning has also been a source of stress for preschool teachers. They have had to manage additional workloads and responsibilities and deal with challenges such as supporting students with varying technology access and skills. (shrink)

As health systems around the world turn towards highly distributed, specialized and cooperative structures to increase quality and safety of care as well as efficiency and efficacy of delivery processes, there is a growing need for supporting communication and collaboration of all parties involved with advanced ICT solutions. The Electronic Health Record (EHR) provides the information platform which is maturing towards the eHealth core application. To meet the requirements for sustainable, semantically interoperable, and trustworthy EHR solutions, different standards and different (...) national strategies have been established. The workshop summarizes the requirements for such advanced EHR systems and their underlying architecture, presents different strategies and solutions advocated by corresponding protagonists, discusses pros and cons as well as harmonization and migration strategies for those approaches. It particularly highlights a turn towards ontology-driven architectures. (shrink)