It is common to think that grounding is necessary in the sense that: if P grounds Q, then necessarily: if P, then Q. Though most accept this principle, some give counterexamples to it. Instead of straightforwardly arguing for, or against, necessity, I explain the sense in which grounding is necessary and contingent. I argue that there are two kinds of grounding: what-grounding and why-grounding, where the former kind is necessary while the latter is contingent.

Grounding pluralism is the view that there are multiple kinds of grounding. In this essay, I motivate and defend an explanation-theoretic view of grounding pluralism. Specifically, I argue that there are two kinds of grounding: why-grounding—which tells us why things are the case—and how-grounding—which tells us how things are the case.

In this article I analyse two complaints of white vilification, which are increasingly occurring in Australia. I argue that, though the complainants (and white people generally) are not harmed by such racialized speech, the complainants in fact harm Australians of colour through these utterances. These complaints can both cause and constitute at least two forms of epistemic injustice (willful hermeneutical ignorance and comparative credibility excess). Further, I argue that the complaints are grounded in a dual misrecognition: the complainants misrecognize themselves (...) in their own privileged racial specificity, and they misrecognize others in their own marginal racial specificity. Such misrecognition preserves the cultural imperialism of Australia’s dominant social imaginary—a means of oppression that perpetuates epistemic insensitivity.Bringing this dual misrecognition to light best captures the indignity that is suffered by the victims of the aforementioned epistemic injustices. I argue that it is only when we truly recognize difference in its own terms, shifting the dominant social imaginary, that “mainstream Australians”can do their part in bringing about a just society. (shrink)

ABSTRACTThis article addresses the question of whether certain experiences that originate in causes other than bereavement are properly termed ‘grief’. To do so, we focus on widespread experiences of grief that have been reported during the Covid-19 pandemic. We consider two potential objections to a more permissive use of the term: grief is, by definition, a response to a death; grief is subject to certain norms that apply only to the case of bereavement. Having shown that these objections are unconvincing, (...) we sketch a positive case for a conception of grief that is not specific to bereavement, by noting some features that grief following bereavement shares with other experiences of loss. (shrink)

In this paper, I consider the implications of grief for philosophical theorising about absence experience. I argue that whilst some absence experiences that occur in grief might be explained by extant philosophical accounts of absence experience, others need different treatment. I propose that grieving subjects' descriptions of feeling as if the world seems empty or a part of them seems missing can be understood as referring to a distinctive type of absence experience. In these profound absence experiences, I will argue, (...) the absence of a person as a condition on various possibilities is made manifest in the structure of experience over time. Thus, by paying close attention to grief, we can see that even accounts of absence experience that are presented as in competition with one another may not be so, and that to explain all kinds of absence experience we sometimes need to appeal to something overlooked in other accounts, and which is neither straightforwardly perceptual or cognitive. I also suggest that we would have good reason to take such experiences to be part of and not merely psychological effects of grief. (shrink)

According to Sider, a question is metaphysically substantive just in case it has a single most natural answer. Recently, Barnes and Mikkola have argued that, given this notion of substantivity, many of the central questions in the metaphysics of gender are nonsubstantive. Specifically, it is plausible that gender pluralism—the view that there are multiple, equally natural gender kinds—is true, but this view seems incompatible with the substantivity of gender. The goal of this paper is to argue that the notion of (...) substantivity can be understood in a way that accommodates gender pluralism. First, I claim that gender terms (at least as used in the ontology room) are referentially indeterminate, where referential indeterminacy holds in virtue of the way the world is. Second, I propose a degree-theoretic (or scalar) account of metaphysical substantivity; genders are substantial to the degree that they are determinate. I conclude that gender is relatively, although not absolutely, substantial. (shrink)

It is natural to think that social groups are concrete material particulars, but this view faces an important objection. Suppose the chess club and nature club have the same members. Intuitively, these are different clubs even though they have a common material basis. Some philosophers take these intuitions to show that the materialist view must be abandoned. I propose an alternative explanation. Social groups are concrete material particulars, but there is a psychological explanation of nonidentity intuitions. Social groups appear coincident (...) but nonidentical because they are perceived to be governed by conflicting social norms. (shrink)

Indeterminacy is metaphysical (or worldly) if it has its source in the way the world is (rather than how it is represented or known). There are two questions we could ask about indeterminacy. First: does it exist? Second: is indeterminacy derivative? I focus on the second question. Specifically, I argue that (at least some) metaphysical indeterminacy can be derivative, where this roughly means that facts about indeterminacy are metaphysically grounded in facts about what is determinate.

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)

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)

An increasing number of philosophers argue that indeterminacy is metaphysical (or worldly) in the sense that indeterminacy has its source in the world itself (rather than how the world is represented or known). The standard arguments for metaphysical indeterminacy are centered around the sorites paradox. In this essay, I present a novel argument for metaphysical indeterminacy. I argue that metaphysical indeterminacy follows from the existence of constitutive social construction; there is indeterminacy in the social world because there is indeterminacy in (...) how the social world is constructed. (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 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)

Hans Reichenbach was a formidable figure in early-twentieth-century philosophy of science. Educated in Germany, he was influential in establishing the so-called Berlin Circle, a companion group to the Vienna Circle founded by his colleague Rudolph Carnap. The movement they founded—usually known as "logical positivism," although it is more precisely known as "scientific philosophy" or "logical empiricism"—was a form of epistemology that privileged scientific over metaphysical truths. Reichenbach, like other young philosophers of the exact sciences of his generation, was deeply impressed (...) by the far-reaching changes in physics brought about by Einstein's special and general theories of relativity. Reichenbach responded to scientific advances by doing fundamental work in space-time theories, in quantum mechanics, in statistical mechanics, and in the development of probability theory—making him the most important philosopher of physics in the first generation of logical empiricism. Forced from his academic position by the Nazi race laws in 1933, Reichenbach wrote _Experience and Prediction_ at the University of Istanbul, where had had fled, expressly to introduce logical positivism to English speakers. In the two decades following World War II, during the explosion of scientific advances in North America, logical positivism was the reigning theory of the philosophy of science and Reichenbach was at the peak of his career. But, inevitably, support for logical positivism began to wane as it became obvious that the justification of scientific theories could not be entirely resolved by relying on strictly formal, technical processes. The growth of the discipline of the history of philosophy of science, which has created an audience of scholars eager for seminal classics in scientific philosophy, and the evidence supporting a historicist paradigm within logical positivism are two important reasons to make _Experience and Prediction_ available once again. "Hans Reichenbach's_ Experience and Prediction_ is one of the most important books in twentieth-century philosophy of science. Its author was, along with Rudolf Carnap, one of the two principal ambassadors to North America of the exciting new European philosophical movement known here under the names 'Logical Positivism' and 'Scientific Philosophy.' In 1938, when the book was published, Reichenbach was an exile from his native Germany, teaching in Istanbul, Turkey, and about to emigrate to the United States to take up a prestigious position at UCLA. He wrote_ Experience and Prediction_ in English as his calling card to his new American colleagues. More than any other single book,_ Experience and Prediction_ set the agenda for the new discipline of the philosophy of science that was to emerge after World War II as, perhaps, the most exciting new area in North American philosophy. Many of the problems still at the focus of discussion were given their classic formulations in this book. Long out of print,_ Experience and Prediction_ appears here in a new edition accompanied by a splendid historical introduction by the noted young philosopher and historian of the philosophy of science, Alan Richardson. A jewel of a book may once again be appreciated in its proper setting." —Don A. Howard, University of Notre Dame. (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)

Critical social ontology is any study of social ontology that is done in order to critique ideology or end social injustice. The goal of this paper is to outline what I call the fundamentality approach to critical social ontology. On the fundamentality approach, social ontologists are in the business of distinguishing between appearances and (fundamental) reality. Social reality is often obscured by the acceptance of ideology, where an ideology is a distorted system of beliefs that leads people to promote or (...) accept widespread social injustices. Social reality is also obscured in cases where ordinary thought and language simply is not perspicuous enough to represent the social objects, kinds, and structures that are central to understanding social injustice. In both cases, I argue that the critical social ontologist will benefit from using the tools and concepts of fundamental metaphysics. (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)

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.

A key and continuing concern within the pragma-dialectical theory of argumentation is how to account for effective persuasion disciplined by dialectical rationality. Currently, van Eemeren and Houtlosser offer one response to this concern in the form of strategic manoeuvring. This paper offers a prior/passing theory of communicative interaction as a supplement to the strategic manoeuvring approach. Our use of a prior/passing model investigates how a difference of opinion can be resolved while both dialectic obligations of reasonableness and rhetorical ambitions of (...) argumentative success are simultaneously accommodated. The paper explores the model with particular reference to the pragma-dialectical rules of critical discussion, strategic manoeuvring and fallacious reasoning. (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)

It is generally accepted that sight—the capacity to see or to have visual experiences—has the power to give us knowledge about things in the environment and some of their properties in a distinctive way. Seeing the goose on the lake puts me in a position to know that it is there and that it has certain properties. And it does this by, when all goes well, presenting us with these features of the goose. One might even think that it is (...) part of what it is to be a perceptual capacity that it has this kind of epistemological power, such that a capacity that lacked this power could not be perceptual. My focus in this essay is the sense of taste—the capacity to taste things or to have taste experiences. It has sometimes been suggested that taste lacks sight-like epistemological power. I argue that taste has epistemological power of the same kind as does sight, but that as a matter of contingent fact, that power often goes unexercised in our contemporary environment. We can know about things by tasting them in the same kind of way as we can know about things by seeing them, but we often do not. I then consider the significance of this conclusion. I suggest that in one way, it matters little, because our primary interest in taste is not epistemic but aesthetic. But, I end by suggesting, it can matter ethically. (shrink)

A generic grounding claim is a grounding claim that isn’t about any particular entity or fact. For example, consider the claim: an act is right in virtue of maximizing happiness. One natural idea is that generic grounding claims state mere regularities of ground. So if an act is right in virtue of maximizing happiness, then every possible right act is right in virtue of maximizing happiness. The generic claim generalizes over particular grounding relations. In this essay, I argue that this (...) simple story is wrong. Generic grounding claims are not merely quantificational; rather, they express real definitions, where real definitions are (in part) claims about essence. My view has two major upshots: ('i') it makes better sense of debates where generic grounding claims are at issue (like debates about moral laws); ('ii') it clarifies the distinction between reductive and non-reductive metaphysical theories. (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)

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 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)

The distinction between the contexts of discovery and justification, this distinction dear to the projects of logical empiricism, was, as is well known, introduced in precisely those terms by Hans Reichenbach in his Experience and Prediction (Reichenbach 1938). Thus, while the idea behind the distinction has a long history before Reichenbach, this text from 1938 plays a salient role in how the distinction became canonical in the work of philosophers of science in the mid twentieth century. The new contextualist history (...) of philosophy that has arisen in recent years invites us into an investigation of the nuances of philosophical distinctions and their roles in shaping the development of disciplines. Logical empiricism played a key role in the historical development of philosophy of science and this contextualist history has revealed a much richer set of projects in logical empiricism than the potted histories had allowed. Many stories have been told about the contexts of justification and discovery; few of those stories have paid more than passing attention to the larger projects in epistemology and meta-epistemology that Reichenbach was pursuing when he drew the distinction. This brief essay will seek partially to rectify that lack in, I hope, a somewhat surprising way. I shall stress the connection between this canonical distinction and some other epistemological and social terms that loom large in Reichenbach’s text, arguing that the social relevance of scientific philosophy for Reichenbach cannot be set aside in understanding his use of the DJ distinction. My point is, therefore, historical and reflexive. If we attend to the larger significance of the project in scientific philosophy that Reichenbach was advancing, we can see more clearly why the DJ distinction was introduced and rethink the significance of questioning the distinction. (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)

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.

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)

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)

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

This research focuses on Schizophrenia and Clairaudience that is part of doctoral research for a Doctorate of Metaphysical Sciences at the University of Metaphysics. The mental illness known as Schizophrenia has been known for centuries. There are various symptoms associated with this mental illness upon which a diagnosis is based. The exact causes of the mental illness Schizophrenia remain unknown, as does the actual part of the individual which is effect by the illness. The most prominent and definable symptom of (...) Schizophrenia remains to be auditory hallucinations. Another explanation for individual's being able to hear voices, is that of clairaudience, a psychic ability. Clairaudient ability has a positive connotation upon the ability to hear voices, whereas the diagnosis of Schizophrenia is most commonly treated with pharmaceutical drugs to reduce or eliminate symptoms. This paper involves information about Schizophrenia, how it is perceived and treated. It also discusses various views of clairaudience, and how it is effective and manageable. A new approach is required to the medical industry when individuals are being treated for a diagnosis of Schizophrenia. (shrink)

Is metaphysical grounding One or Many? If you think grounding is one, you are a monist; there is one (or one fundamental) kind of grounding. If you think grounding is Many, you are a pluralist; there are multiple (or multiple equally fundamental) kinds of grounding. This essay surveys the ways in which one could be a pluralist about grounding.

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)

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)

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)

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.

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)

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)

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)

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?

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.

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

In this paper, I will draw on the capabilities approach to social justice and human development as advanced, among others, by Martha Nussbaum, and seek to provide some theoretical resources for better understanding our obligations to future persons. My argumentative strategy is as follows: First, I’ll briefly reconstruct a capabilities approach to justice, examining this sort of view’s normative foundations and methodology. Using Nussbaum’s capabilities list as a basis, I will argue that various social and environmental functions which are threatened (...) by climate change are crucial with respect to enabling morally and politically central capabilities for both current and future people. Here, I will draw on recent work by Breena Holland to establish the notion of a sustainable climate system as a necessary precondition for the enablement and protection of these entitlements. Then, I’ll extend this strategy to argue that the capabilities approach provides a uniquely useful threshold conception of harm to inform our thinking about our relationship to our posterity. It is my hope that the capabilities approach so applied can give us a novel way of understanding our responsibilities toward future people in a time where such an understanding is both unfortunately lacking and increasingly dire. Finally, I will discuss some implications of a capability-based account in the intergenerational context and some justifications for applying the approach in this way. Ultimately, I submit that this sort of view seems more well-fitted to this context than other approaches (e.g., contractarianism and consequentialism), and that it offers a unique vehicle for understanding our relations and obligations to future people. (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)