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)

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

In this paper I argue that it's possible that the contents of some visual experiences are influenced by the subject's prior beliefs, hopes, suspicions, desires, fears or other mental states, and that this possibility places constraints on the theory of perceptual justification that 'dogmatism' or 'phenomenal conservativism' cannot respect.

This paper defends the Content View: the thesis that all visual experiences have contents.

An overview of the epistemology of perception, covering the nature of justification, immediate justification, the relationship between the metaphysics of perceptual experience and its rational role, the rational role of attention, and cognitive penetrability. The published version will contain a smaller bibliography, due to space constraints in the volume.

In this paper I offer a theory of what makes certain influences on visual experiences by prior mental states (including desires, beliefs, moods, and fears) reduce the justificatory force of those experiences. The main idea is that experiences, like beliefs, can have rationally assessable etiologies, and when those etiologies are irrational, the experiences are epistemically downgraded.

This paper makes the case that when wishful thinking ill-founds belief, the belief depends on the desire in ways can be recapitulated at the level of perceptual experience. The relevant kinds of desires include motivations, hopes, preferences, and goals. I distinguish between two modes of dependence of belief on desire in wishful thinking: selective or inquiry-related, and responsive or evidence-related. I offers a theory of basing on which beliefs are badly-based on desires, due to patterns of dependence that can found (...) in the relationship between experiences and desires as well. This conclusion brings us a large part of the way to the conclusion that like beliefs, experiences can be ill-founded by depending on a desire. (shrink)

Siegel and Byrne debate whether perceptual experiences present rich properties or exclusively thin properties.

A summary of The Rationality of Perception, and my replies to symposium papers on it by Andy Clark and Christopher Peacocke.

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)

Fumerton, Huemer, and McGrath each contributed to a symposium on "The Epistemic Impact of the Etiology of Experience" in Philosophical Studies. These are my replies their contributions.

Introduction to Special Issue of Review of Philosophy and Psychology. Overview of the central issues in cognitive architecture, epistemology, and ethics surrounding cognitive penetrability. Special issue includes papers by philosophers and psychologists: Gary Lupyan, Fiona Macpherson, Reginald Adams, Anya Farennikova, Jona Vance, Francisco Marchi, Robert Cowan.

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

This is a critical piece on *The Character of Consciousness* by David Chalmers. It focuses on Chalmers's two-stage view of perceptual content and the epistemology of perceptual belief that flows from this theory, and criticizes his theories of Edenic concepts, perceptual acquaintance, and perceptual belief.

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.

This is a compilations of short talks presented at a workshop held at Harvard in April 14 on the life of analytic philosophy today in Spanish. Authors include Susanna Siegel, Diana Acosta and Patricia Marechal, Diana Perez, Laura Pérez, and Josefa Toribio.

My replies to Errol Lord, Adam Pautz, and Peter Railton's commentaries on The Rationality of Perception (2017).

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

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

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

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

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

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

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.

Can perceptual experiences be states of uncertainty? We might expect them to be, if the perceptual processes from which they're generated, as well as the behaviors they help produce, take account of probabilistic information. Yet it has long been presumed that perceptual experiences purport to tell us about our environment, without hedging or qualifying. Against this long-standing view, I argue that perceptual experiences may well occasionally be states of uncertainty, but that they are never probabilistically structured. I criticize a powerful (...) line of reasoning that we should expect perceptual experience to be probabilistic, given their interfaces with unconscious probabilistic information, with behavior responsive to it, and with credences. (shrink)

Includes a summary of my book *The Rationality of Perception* (Oxford, 2017) and replies to commentaries on it by Endre Begby, Harmen Ghijsen, and Katia Samoilova. These commentaries and my summary and replies will be published soon in Analysis Reviews. Begby focuses on my analysis of the epistemic features of the interface between individual minds and their cultural milieu (discussed in chapter 10 of *The Rationality of Perception*), Ghijsen focuses on the notion of inference and reliabilism (chapters 5 and 6), (...) and Samoilova focuses on the relationship between epistemic charge (chapter 3) and shifts in the amount of justification needed for knowledge. (shrink)

I argue that inference can tolerate forms of self-ignorance and that these cases of inference undermine canonical models of inference on which inferrers have to appreciate (or purport to appreciate) the support provided by the premises for the conclusion. I propose an alternative model of inference that belongs to a family of rational responses in which the subject cannot pinpoint exactly what she is responding to or why, where this kind of self-ignorance does nothing to undermine the intelligence of the (...) response. (shrink)

In recent metaethics, moral realists have advanced a companions-in-guilt argument against moral nihilism. Proponents of this argument hold that the conclusion that there are no categorical normative reasons implies that there are no epistemic reasons. However, if there are no epistemic reasons, there are no epistemic reasons to believe nihilism. Therefore, nihilism is false or no one has epistemic reasons to believe it. While this argument is normally presented as a reply to Mackie, who introduced the term “companions-in-guilt” in his (...) Ethics: Inventing Right and Wrong of 1977, Herbert J. Phillips presented a form of this argument in Ethics in 1940. In this paper, I will discuss Phillips’ version of the companions-in-guilt argument, demonstrate how recent epistemology bears out an important premise of the argument, and compare Phillips’ argument to Derek Parfit’s recent work. (shrink)

chapter on perception and bias including implicit bias.

I discuss the roles of journalism in aspirational democracies, and argue that they generate set of pressures on attention that apply to people by virtue of the type of society they live in. These pressures, I argue, generate a problem of democratic attention: for journalism to play its roles in democracy, the attentional demands must be met, but there are numerous obstacles to meeting them. I propose a principle of salience to guide the selection and framing of news stories that (...) I argue may help address the puzzle: the public-as-protagonist principle. -/- . (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)

Inquiry is guided, in the minimal sense that it is not haphazard. It is also often thought to have as a natural stopping point ceasing to inquire, once inquiry into a question yields knowledge of an answer. On this picture, inquiry is both telic and guided. By contrast, mind-wandering is unguided and atelic, according to the most extensively developed philosophical theory of it. This paper articulates a puzzle that arises from this combination of claims: there seem to be plenty of (...) examples of inquiry progressing within mind-wandering, yet theories of inquiry and mind-wandering can make wandering inquiry seem impossible or incoherent. I offer several solutions to this puzzle and make the case that taken together, they illuminate a prevalent form of inquiry that the burgeoning literature on that topic overlooks: inquiry that progresses spontaneously. (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.

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)

This paper examines the position in moral philosophy that Harry Frankfurt calls the Principle of Alternate Possibilities (PAP). The paper first describes the principle as articulated by A.J. Ayer. Subsequently, the paper examines Frankfurt’s critique and proposed revision of the principle and argues that Frankfurt’s proposal relies on an excessively simplistic account of practical reasoning, which fails to account for the possibility of moral dilemmas. In response, the paper offers a further revision of PAP, which accounts for Frankfurt’s critique, moral (...) dilemmas, and the challenge of causal determinism. (shrink)

When does a model explain? When does it promote understanding? A dominant approach to scientific explanation is the interventionist view. According to this view, when X explains Y, intervening on X can produce, prevent or alter Y in some predictable way. In this paper, I argue for two claims. First, I reject a position that many interventionist theorists endorse. This position is that to explain some phenomenon by providing a model is also to understand that phenomenon. While endorsing the interventionist (...) view, I argue that explaining and understanding are distinct scientific achievements. Second, I defend a novel theory of scientific understanding. According to this view, when some model M promotes understanding, M makes available a distinctive mental state. This state is of the same psychological kind as when we grasp events in a narrative as bearing on some ultimate conclusion. To conclude, I show that, given this view, mechanistic explanations often provide a powerful source of understanding that many causal-historical models lack. This paper will be of interest to both philosophers of science and epistemologists engaged in the topics of explanation and understanding. (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.

Some have defended a Fregean view of perceptual content. On this view, the constituents of perceptual contents are Fregean modes of presentation (MOPs). In this paper, I propose that perceptual MOPs are best understood in terms of object files. Object files are episodic representations that store perceptual information about objects. This information is updated when sensory conditions change. On the proposed view, when a subject perceptually represents some object a under two distinct MOPs, then the subject initiates two object files (...) that both refer to a. My defense of this view appeals to its satisfaction of four constraints that I argue theories of perceptual MOPs should satisfy. Furthermore, I show that some existent accounts of perceptual MOPs fail to satisfy them. The defended constraints also indicate what is unique about perceptual, as opposed to linguistic or cognitive, MOPs. (shrink)

My contribution to the first round of a tetralog with Bill Brewer, Anil Gupta, and John McDowell. Each of us has written a response to the writings of the other three philosophers on the topic "Empirical Reason". My initial contribution focuses on what we know a priori about perception. In the second round, we will each respond to the each writer's first-round contributions.

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?

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)

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 light of recent criticisms by Woodward (2017) and Rescorla (2018), we examine the relationship between mechanistic explanation and phenomenological laws. We disambiguate several uses of the phrase “phenomenological law” and show how a mechanistic theory of explanation sorts them into those that are and are not explanatory. We also distinguish the problem of phenomenological laws from arguments about the explanatory power of purely phenomenal models, showing that Woodward and Rescorla conflate these problems. Finally, we argue that the temptation to (...) pit mechanistic and interventionist theories of explanation against one another occludes important and scientifically relevant research questions. (shrink)

Entry in Routledge handbook of skill and expertise. Discusses social perception, perceptual expertise, knowing what things look like, and a bit about about aesthetics at the end.

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 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)