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)

Plato is often acknowledged as the first philosophical critic of democracy and his Republic is regularly taken as a paradigm of an anti-democratic work. While it is true that Plato objected to much about the democracy of his own time, Plato’s political theorizing also reveals an interest in improving democratic institutions. This chapter explores three themes in Plato’s thinking about democracy: firstly, Plato's insistence that rulers should be knowledgeable and his claim that most people are politically incompetent (§1); secondly, Plato's (...) criticisms of oratory and the corrupting effects of public rhetoric (§2); thirdly, Plato's use of democratic institutions in the Laws (§3). Once we appreciate these different evaluations of democratic practices, we can see that Plato was not simply ‘anti-democratic’ or ‘pro-democratic’ but thought some democratic practices should be abandoned, some reformed, and some adopted. (shrink)

I begin by defending Heinrich Gustav Hotho’s foundational edition of the Lectures on Aesthetics (LA) contra Gethmann-Siebert and others who argue for a non-systematic view of Hegel’s aesthetics generally and music specifically. I defend Hegel against the common conceit that his comprehension of music was somehow deficient and introduce the Hegelian idea of absolute agency as performative in art and music. Reference to Kant’s transcendental aesthetics then allows us to grasp how, in Hegel, meaningful tones arise from the vibratory oscillation (...) between selfhood’s presiding unity and its temporal self-positing. I then trace back further elements of musical architecture, such as rhythm, harmony and melody to the temporal oscillation arising from within selfhood. The fundamental ambiguity within temporal oscillation is the source of meaningfulness in music, the feeling that its experience is meaningful without telling us exactly what that meaning is. Meaningfulness forms the absolute Ur-Ton of beautiful music, which arises as determinate tones within selfhood and resonates into the soul of the listener. The temporal vanishing of musical tones within a compositional framework is a pre-linguistic expression of meaning, performative of the ambiguous oscillation between the human and the divine. (shrink)

Did Plato intend the laws of the Laws to change? While most scholars agree that there is to be legal change in Magnesia, I contend that this issue has been clouded by confusing three distinct questions: (1) whether there are legal mechanisms for changing the law in Magnesia, (2) what the attitudes of Magnesian citizens towards innovation and legal change are, and (3) whether Plato thinks the law is always the ultimate political authority. Once we separate these issues and look (...) at the relevant texts more closely, we see that the Athenian Visitor is primarily concerned with supplementing the original lawgiver’s laws and that any innovation that occurs should be consistent with this lawcode. This does not settle the question about whether it is always right to act in accordance with the existing laws, though it does provide a valuable framework for understanding a central aspect of Platonic political philosophy. Thus, although Plato’s ideal places knowledge above the law, in practice the laws of Magnesia will be fixed and authoritative for those people living under them. (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)

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.

What can Stoicism offer to contemporary debates about forgiveness? Given their outright rejection of a reactive attitudes framework for responding to wrongdoing and their bold suggestions of how to revise our moral practices, the Stoics provide a valuable lens through which to re-evaluate various central claims in the debates about forgiveness. In this chapter, I highlight four common assumptions that the Stoics would consider problematic: firstly, that forgiveness is opposed to justice; secondly, that anger and resentment are necessary for registering (...) wrongdoing; thirdly, that anger and resentment are generally reliable at tracking the severity of wrongdoing; fourthly, that reconciliation with wrongdoers is an option rather than an imperative of virtue. Insofar as the Stoics provide defensible and often compelling alternatives to these positions, Stoicism offers a number of philosophical resources to re-conceptualize the way we think about forgiveness and suggests ways in which forgiveness might be better integrated into a virtue ethical framework. (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)

In her seminal article ‘Modern Moral Philosophy’ (1958) Elizabeth Anscombe argued that we need a new ethics, one that uses virtue terms to generate absolute prohibitions against certain act-types. Leading contemporary virtue ethicists have not taken up Anscombe's challenge in justifying absolute prohibitions and have generally downplayed the role of rule-following in their normative theories. That they have not done so is primarily because contemporary virtue ethicists have focused on what is sufficient for characterizing the deliberation and action of the (...) fully virtuous person, and rule-following is inadequate for this task. In this article, I take up Anscombe's challenge by showing that rule-following is necessary for virtuous agency, and that virtue ethics can justify absolute prohibitions. First, I offer a possibility proof by showing how virtue ethics can generate absolute prohibitions in three ways: by considering actions that directly manifest vice or that cannot be performed virtuously; actions that are prohibited by one's institutional roles and practical identities; and actions that are prohibited by the prescriptions of the wise. I then seek to show why virtue ethicists should incorporate rule-following and absolute prohibitions into their theories. I emphasize the central role that rules have in the development of virtue, then motivate the stronger view that fully virtuous agents follow moral rules by considering the importance of hope, uncertainty about consequences, and taking responsibility for what eventuates. Finally, I provide an account of what Anscombe called a ‘corrupt mind’, explaining how our understanding of virtue is corrupted if we think that virtue may require us to do vicious actions. (shrink)

It is not mere coincidence that several of Plato’s dialogues are set in gymnasia and palaistrai (wrestling schools), employ the gymnastic language of stripping, wrestling, tripping, even helping opponents to their feet, and imitate in argumentative form the athletic contests (agōnes) commonly associated with that place. The main explanation for this is, of course, historical. Sophists, orators, and intellectuals of all stripes, including the historical Socrates, really did frequent Athens’ gymnasia and palaistrai in search of ready audiences and potential students. (...) Perhaps they were following the example of Pythagoras, who may have been a boxing coach (gymnastēs) and was, in any case, associated with the extraordinary Olympic success of athletes from his adopted Croton—success so great it generated the saying that the last of the Crotonites was the first among all other Greeks. After his visit to Western Greece, Plato famously established his school in or adjacent to the Academy gymnasium in Athens, and he may have held the public office of Gymnasiarch there. In this essay, I would like to argue that there are also symbolic reasons for Plato setting some of his dialogues in gymnasia. These dialogues function as virtual gymnasia in which readers are coached by the character of Socrates toward an innovative ideal of aretē (virtue, excellence). (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)

When people now talk about a relationship as being “Platonic”, they mean that the relationship is a non-sexual friendship. But what did Plato himself say about different kinds of relationship, and how did his name come to be associated with non-sexual relationships? While Plato’s Symposium has been the center of attention for his views on love, I argue that the Phaedrus and Laws VIII provide a much clearer account of Plato’s views. In these dialogues, Plato distinguishes between two kinds of (...) love and three kinds of lover. The two kinds of love are fundamentally oriented towards different objects: one kind of love is focused on the body of the beloved and seeks to extract as much bodily pleasure from them as possible, whereas the other kind of love is focused on the soul and seeks to benefit the beloved by improving their character. There is a lover for each kind of love, and a third kind of lover who is torn between these two opposing objects of love. Notably, in the kind of love directed towards the soul, the lovers will not engage in sexual activity. I argue that this is because Plato thinks that the natural function of sex is the procreation of good children and that engaging in such an intensely pleasurable activity risks making the lovers intemperate and lacking in self-control. Thus Plato thinks that the best kind of relationship is one of love (and not just friendship) but is nonetheless non-sexual. (shrink)

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)

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)

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.

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)

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)

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.

Hegel reads the poet Novalis as an expression of terminal irony, a pathological case of Gemüt, where the conscious mind is alienated from reality and turns its negativity inwards on the contents of its own natural soul. The condition of self-feeling, presented in Hegel’s “Anthropology”, is a self-consumption that manifests itself somatically in the physical disease (consumption) from which Novalis dies. The poet’s literary production represents a pathological fixation that impedes the dynamic organicity of Hegelian Science. As such, Novalis’s mental (...) illness and death constitute an expression of romantic irony and an ongoing threat to Hegel’s philosophy. (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)

Greek tragedy, in Hegel’s Phenomenology of Spirit, represents the performative realization of binary political difference, for example, “private versus public,” “man versus woman” or “nation versus state.” On the other hand, Roman comedy and French Revolutionary Terror, in Hegel, can be taken as radical expressions of political in-difference, defined as a state where all mediating structures of association and governance have collapsed into a world of “bread and circuses.” In examining the dialectical interplay between binary, tragic difference and comedic, terrible (...) in-difference, the paper arrives at hypothetical conclusions regarding how these political forms may be observed today. (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)

Hegel uses the term Einsicht (‘insight’) throughout several key subsections of Chapter Six of the Phenomenology of Spirit (notably in ‘Faith and Pure Insight’ and ‘The Struggle of the Enlightenment with Superstition’). Nowhere else in his work does the term enjoy such a sustained treatment. Commentators generally accept Hegel’s use of the term in the Phenomenology as simply referring to the type of counter-religious reasoning found in the French Enlightenment. I show how Hegel derives the term, through the lens of (...) Kant’s essay, ‘What Does It Mean to Orient Oneself in Thinking?’ from the Pantheismusstreit, the philosophical debate between Mendelssohn and Jacobi about knowledge of God. The Aufklärung provenance of Einsicht shows how a deep complicity between faith and reason, in the form of immediate knowing, leads beyond the Terror to a happier outcome in the Morality section. Finally, passing reference to Einsicht in the Vorbegriff of the Encyclopaedia Logic confirms its role in the ethical and political vocation of Hegel’s Science. (shrink)

In this article, I attempt to provide a complete and exhaustive list of all of the offices and major political roles proposed within the constitution of Magnesia, detailing the title of the office, number of offices, method of appointment, age or gender restrictions, length of term, and explicit responsibilities assigned to that office. This tabulation is intended to be useful for new readers of the Laws and to scholars of various methodological approaches interested in the political arrangements of Magnesia.

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)

In Plato's Laws, the Athenian Visitor says that the best constitution is a mixture of monarchy and democracy. This is the theoretical basis for the institutions of Magnesia, and it helps the citizens to become virtuous. But what is meant by ‘monarchy’ and ‘democracy’, and how are they mixed? I argue that the fundamental relations in Plato's discussion of constitutions are those of authority and equality. These principles are centrally about the extent to which citizens submit to the judgment of (...) an authority and the extent to which they decide for themselves respectively—the extent to which they are ruled by themselves or ruled by another. The institutions of Magnesia reflect these principles in practice and provide a more nuanced way to understand Plato’s assessment of democratic institutions. (shrink)

In the Philosophy of Nature, Hegel describes at length and in detail the particular workings of animal digestion and excretion, referring to the empirical research of his day (Berzelius, Spallanzani, Traviranus). By becoming engaged in the scientific disputes and insights of the time—regarding, for example, the mechanical versus chemical nature of digestion, immediate digestive assimilation and the chemical composition of feces—Hegel arrives at the novel idea that what the animal excretes as superfluous is its own particular entanglement with inorganic otherness. (...) The animal’s subsequent feeling of triumph and satisfaction constitutes the affirmation of individual purposiveness, a form of immediate ideality that Hegel presents as animal subjectivity. (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)

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.

Commentators have often been puzzled by the structure of the Symposium; in particular, it is unclear what the relationship is between Socrates’ speech and that of the other symposiasts. This chapter seeks to make a contribution to that debate by highlighting parallels between the first four speeches of the Symposium and the goals of the early education in the Republic. In both dialogues, I contend, we see Plato concerned with educating people through (a) activating and cultivating spirited motivations, (b) becoming (...) lawful and taking virtue as a goal, (c) harmonizing the opposing forces in their soul, and (d) minimizing the appetites and making them orderly. While these are familiar points from the moral education of the Republic, I argue that they also map onto the first four speeches of the Symposium respectively. Because in the Republic this moral education is necessary to make progress on the epistemic ascent, we can speculate that there is a similar point to be made in the Symposium – without first training our character adequately, we will not be able to climb the ladder of love. While the positive effects of Eros described in the early speeches of the Symposium are only imitations of the ideal education regime of Kallipolis, they nevertheless improve one’s character in such a way that better prepares the soul for philosophy. Finally, I argue that the importance of this moral education is dramatized at the end of the Symposium through Agathon’s amicable refutation by Socrates on the one hand, and the drunken entrance of Alcibiades on the other. Agathon shows potential for philosophy whereas Alcibiades is the exemplar of what happens when somebody comes to philosophy without a harmonized soul. (shrink)

Commentators have often been puzzled by the structure of the _Symposium_; in particular, it is unclear what the relationship is between Socrates’ speech and that of the other symposiasts. This chapter seeks to make a contribution to that debate by highlighting parallels between the first four speeches of the _Symposium_ and the goals of the early education in the Republic. In both dialogues, I contend, we see Plato concerned with educating people through (a) activating and cultivating spirited motivations, (b) becoming (...) lawful and taking virtue as a goal, (c) harmonizing the opposing forces in their soul, and (d) minimizing the appetites and making them orderly. While these are familiar points from the moral education of the Republic, I argue that they also map onto the first four speeches of the _Symposium_ respectively. Because in the _Republic_ this moral education is necessary to make progress on the epistemic ascent, we can speculate that there is a similar point to be made in the _Symposium_ – without first training our character adequately, we will not be able to climb the ladder of love. While the positive effects of Eros described in the early speeches of the _Symposium_ are only imitations of the ideal education regime of Kallipolis, they nevertheless improve one’s character in such a way that better prepares the soul for philosophy. Finally, I argue that the importance of this moral education is dramatized at the end of the _Symposium_ through Agathon’s amicable refutation by Socrates on the one hand, and the drunken entrance of Alcibiades on the other. Agathon shows potential for philosophy whereas Alcibiades is the exemplar of what happens when somebody comes to philosophy without a harmonized soul. (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)

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.

Kate Crawford presents AI as “both reflecting and producing social relations and understandings of the world”; or again, as “a form of exercising power, and a way of seeing… as a manifestation of highly organized capital backed by vast systems of extraction and logistics, with supply chains that wrap around the entire planet”. I interpret these material insights through a Marxist understanding of ideology, with reference to Marx/Engels, Guy Debord and Louis Althusser. In the German Ideology, Marx and Engels present (...) ideology as the alienated and alienating discourse of exchange, dissimulating the material forces of production and its science. Guy Debord presents the spectacle as the further representation of capital. The spectacle is a total Weltanschauung, pure appearance, where “whatever appears is good and where what is good, appears.” Above all, the spectacle is ideology, representing “the impoverishment, enslavement and negation of real life”. Louis Althusser presents ideology as essential for the reproduction of labor-power and capital. His notion of “interpellation” explains the subjective uptake of ideology, how we respond, “yes!” to its call. The algorithms of AI are enactments of surplus value generating capital as data. The AI data-world is the spectacle, “the autonomous movement of non-life” (Debord) where the proletariat/consumer is the producer of their own ideological subjection. Is resistance possible? What form might it take? And if AI is understood as ideology, i.e. as a language that obscures the true conditions of real life, then what are those true conditions? What is “real life”? (shrink)

The Greek gymnasium was replicated in the architecture, art, and activities of the Imperial Roman thermae. This mimēsis was rooted in sincere admiration of traditional Greek paideia – especially the glory of Athens’ Academy and Lyceum – but it did not manage to replicate the gymnasium’s educational impact. This article reconstructs the aesthetics of a visit to the Roman baths, explaining how they evoked a glorious Hellenic past, offering the opportunity to Romans to imagine being «Greek». But true Hellenic paideia (...) was always kept at arm’s length by an assumption of Roman cultural superiority. One may play at being a Greek athlete or philosopher, but one would never dedicate one’s life to it. The experience of the Imperial thermae celebrated Greek athletic culture, but it remained too superficial – too spectatorial – to effect the change of soul demanded by classical gymnastic education. (shrink)

A debate has arisen over whether “the spirit of sport” is an appropriate criterion for determining whether a substance should be banned. In this paper, I argue that the criterion is crucial for Olympic sport because Olympism celebrates humanity, specifically human agency, so we need to preserve the degree to which athletes are personally and morally responsible for their performances. This emphasis on what I call “athlete agency” is reflected metaphysically in the structure of sport, which characteristically prescribes inefficiencies in (...) order to create challenges, and seeks to reduce or eliminate the proportion of a performance outside an athlete’s control. Emphasizing athlete agency also prevents wealthier and more technologically developed countries from using their resources to gain an advantage in sport. Interpreted according to athlete agency, the World Anti-Doping Agency’s (WADA) “spirit of sport” can be clarified to imply that substances, techniques, and equipment that reduce athlete agency should be reduced or eliminated, while things that increase it should be encouraged. (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)

The paper explores Hegel's theory of language, from the Subjective Spirit book of his Encyclopedia. Hegel distinguishes between linguistic signs, as arbitrary signifiers and words, which occur when the signs are filled with thought or meaning. Words have greater objectivity than signs. The words of the positive, empirical sciences are taken up into Hegelian Science (system), affording it greater objectivity, which it, reciprocally re-confers on its linguistic contents.

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)

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?

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)

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)

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)

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)

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)

In the Panathenaic Games, there was a torch race for teams of ephebes that started from the altars of Eros and Prometheus at Plato’s Academy and finished on the Acropolis at the altar of Athena, goddess of wisdom. It was competitive, yes, but it was also sacred, aimed at a noble goal. To win, you needed to cooperate with your teammates and keep the delicate flame alive as you ran up the hill. Likewise, Plato’s philosophy combines competition and cooperation in (...) pursuit of the goal of wisdom. On one level, agonism in Plato is explicit: he taught in a gymnasium and featured gymnastic training in his educational theory. On another level, it is mimetic: Socratic dialogue resembles intellectual wrestling. On a third level, it is metaphorical: the athlete’s struggle illustrates the struggle to be morally good. And at its highest level, it is divine: the human soul is a chariot that races toward heaven. This volume explores agonism in Plato on all of these levels, inviting the reader—as Plato does—to engage in the megas agōn of life. Once in the contest, as Plato’s Socrates says, we’re allowed no excuses. (shrink)

The Olympic Games are a sporting event guided by philosophy. The modern Olympic Charter calls this philosophy “Olympism” and boldly states its goal as nothing less than “the harmonious development of humankind” and the promotion of “a peaceful society concerned with the preservation of human dignity.” The ideas and ideals behind Olympism, however, are ancient—tracing their roots to archaic and classical Greece, just like the Games do. This collection of essays explores the ancient Hellenic roots of Olympic philosophy and explain (...) their application to modern sport. It examines the philosophical heritage of the Games, the ethics implied by Olympic values of sport, the educational goals of sport, the relations between justice and fair play, the political ideals of peace and world community, and modern challenge of multiculturalism as expressed in the philosophical contrasts between East and West. To understand the beauty, challenges, politics, and potential of the Olympic Games, we must first understand Olympic philosophy. (shrink)

Mimesis can refer to imitation, emulation, representation, or reenactment - and it is a concept that links together many aspects of ancient Greek Culture. The Western Greek bell-krater on the cover, for example, is painted with a scene from a phlyax play with performers imitating mythical characters drawn from poetry, which also represent collective cultural beliefs and practices. One figure is shown playing a flute, the music from which might imitate nature, or represent deeper truths of the cosmos based upon (...) Pythagorean views (which were widespread in Western Greece at the time). The idea that mimesis should be restricted to ideals was made famous by Plato (whose connections to Pythagoreanism and Siracusa are well-known), and famously challenged by his student Aristotle (not to mention by the mimetic character of Plato’s own poetry). This volume gathers essays not only on the philosophical debate about mimesis, but also on its use in architecture, drama, poetry, history, music, ritual, and visual art. The emphasis is on examples from Hellenic cities in Southern Italy and Sicily, but the insights apply far beyond – even to modern times. Contributors include: Thomas Noble Howe, Francisco J. Gonzalez, Gene Fendt, Guilherme Domingues da Motta, Jeremy DeLong, Carolina Araújo, Marie-Élise Zovko, Lidia Palumbo, Sean Driscoll, Konstantinos Gkaleas, Anna Motta, Jure Zovko, Alexander H. Zistakis, Christos C. Evangeliou, Dorota Tymura, Iris Sulimani, Elliott Domagola, Jonah Radding, Giulia Corrente, Laura Tisi, Ewa Osek, Argyri G. Karanasiou, Rocío Manuela Cuadra Rubio, Jorge Tomás García, Aura Piccioni, and José Miguel Puebla Morón. (shrink)