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 paper contributes to the growing literature in social epistemology of diagnosing the epistemically problematic features of fake news. I identify two novel problems: the problem of relevant alternatives; and the problem of the degradation of the epistemic environment. The former arises among individual epistemic transactions. By making salient, and thereby relevant, alternatives to knowledge claims, fake news stories threaten knowledge. The problem of the degradation of the epistemic environment arises at the level of entire epistemic communities. I introduce the (...) notion of an epistemic environment, roughly the totality of resources and circumstances relevant to assessing the epistemically interesting statuses, such as knowledge. Fake news degrades our epistemic environment by undermining confidence in epistemic institutions and altering epistemic habits, thereby making the environment less conducive to achieving positive epistemic statuses. This is problematic even if the decrease in confidence and the altering of habits are rational. I end by considering solutions to these problems, stressing the importance of reproaching each other for proliferating fake news. I argue that we should reproach even faultless purveyors of fake news. This is because fake news typically arises in abnormal epistemic contexts, where there is widespread ignorance of, and noncompliance with, correct epistemic norms. (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.

Logical pluralism is the view that there is more than one logic. Logical normativism is the view that logic is normative. These positions have often been assumed to go hand-in-hand, but we show that one can be a logical pluralist without being a logical normativist. We begin by arguing directly against logical normativism. Then we reformulate one popular version of pluralism—due to Beall and Restall—to avoid a normativist commitment. We give three non-normativist pluralist views, the most promising of which depends (...) not on logic’s normativity but on epistemic goals. (shrink)

An influential way of distinguishing inferential from non-inferential processes appeals to representational states: an agent infers a conclusion from some premises only if she represents those premises as supporting that conclusion. By contrast, when some premises merely cause an agent to believe the conclusion, there is no relevant representational state. While promising, the appeal to representational states invites a regress problem, first famously articulated by Lewis Carroll. This paper develops a novel account of inference that invokes representational states without succumbing (...) to regress. The key move is to reject the tempting idea that the relevant representational states are causally prior to inferences. I argue, instead, that an inference constitutes the relevant representational state. To infer is thus—in the very drawing of the conclusion—to represent the premises as supporting the conclusion, and thereby to commit to that support relation. (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.

Logical pluralism is the view that there is more than one correct logic. A key objection to logical pluralism is that it collapses into monism. The core of the Collapse Objection is that only the pluralist’s strongest logic does any genuine normative work; since a logic must do genuine normative work, this means that the pluralist is really a monist, who is committed to her strongest logic being the one true logic. This paper considers a neglected question in the collapse (...) debate: what is it for a logic to do genuine normative work? As well as having wider upshot for the connection between logic and normativity, grappling with this question provides a new response to the Collapse Objection on behalf of the pluralist. I suggest that we should allow logics to generate pro tanto reasons in a way that bears not just on combinations of attitudes but on how an agent’s attitudes are based on one another. This motivates adopting normative principles that allow the pluralist’s weaker logics to earn their normative keep. Rather than being ad hoc, these principles capture a sense in which good reasoning goes beyond the consistency of an agent’s attitudes. Good reasoning is also concerned with how an agent’s attitudes are based on one another. (shrink)

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

The design argument has taken on different formulations among Muslim thinkers. Arguably, most of these approaches might be described as Paleyan. In this chapter, however, I seek to develop a non-Paleyan approach toward design discourse by focusing on the thought of the Muslim theologian, Ibn Taymiyya (d. 1328 CE). In developing a Taymiyyan model of design-based theistic belief, I argue that this model can resist some of the problems associated with Paleyan approaches. Specifically, it avoids concerns over the soundness or (...) cogency of the Paleyan inference amid Darwinian objections. I argue that this is because on the Taymiyyan model, design-based theistic beliefs are noninferential and concern the ultimate or metaphysical cause of the design in nature, such that they do not rival naturalistic scientific explanations of biological phenomena. Despite three noteworthy objections to the model, I suggest that it offers a plausible way to defend design-based theistic belief. (shrink)

This chapter focuses on AI-based cognitive and perceptual enhancements. AI-based brain enhancements are already under development, and they may become commonplace over the next 30–50 years. We raise doubts concerning whether radical AI-based enhancements transhumanists advocate will accomplish the transhumanists goals of longevity, human flourishing, and intelligence enhancement. We urge that even if the technologies are medically safe and are not used as tools by surveillance capitalism or an authoritarian dictatorship, these enhancements may still fail to do their job for (...) philosophical reasons. In what follows, we explore one such concern, a problem that involves the nature of the self. We illustrate that the so called transhumanist efforts to “merge oneself with AI” could lead to perverse realizations of AI technology, such as the demise of the person who sought enhancement. And, in a positive vein, we offer ways to avoid this, at least within the context of one theory of the nature of personhood. (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)

In this article, I consider how the epistemic problem of religious disagreement has been viewed within the Islamic tradition. Specifically, I consider two religious epistemological trends within the tradition: Islamic Rationalism and Islamic Traditionalism. In examining the approaches of both trends toward addressing the epistemic problem, I suggest that neither is wholly adequate. Nonetheless, I argue that both approaches offer insights that might be relevant to building a more adequate response. So, I attempt to combine insights from both by drawing (...) a distinction between inferential and noninferential reflective responsibility. Given this distinction, I argue that it may be possible for a theist to remain steadfast in upholding their tradition-specific theistic belief, without having to hold that belief by way of inference; but nevertheless, having to be sufficiently reflectively responsible in forming their theistic belief noninferentially. (shrink)

This article aims to draw on the ‘Qur'anic Rationalism’ of Taqī al-Dīn Ibn Taymiyya (1263–1328) in elucidating an Islamic epistemology of theistic natural signs, in the lens of contemporary philosophy of religion. In articulating what Ibn Taymiyya coins ‘God's method of proof through signs (istidlāluhu taʿālā bi'l-āyāt)’, it seeks aid in particular from the work of C. Stephen Evans and other contemporary philosophers of religion, in an attempt to understand the relevance and force of this alternative to natural theology within (...) the Islamic tradition. In doing so, it aims to respond to existing criticisms of Ibn Taymiyya's perspective in the literature, and to consider the implications of a Taymiyyan reading of theistic natural signs, on the epistemic function of Qur'anic āyāt as theistic evidence. (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)

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)

This article is an exercise in the virtue epistemology of the internet, an area of applied virtue epistemology that investigates how online environments impact the development of intellectual virtues, and how intellectual virtues manifest within online environments. I examine online echo chambers and epistemic bubbles (Nguyen 2020, Episteme 17(2), 141–61), exploring the conceptual relationship between these online environments and the virtue of open-mindedness (Battaly 2018b, Episteme 15(3), 261–82). The article answers two key individual-level, virtue epistemic questions: (Q1) How does immersion (...) in online echo chambers and epistemic bubbles affect the cultivation and preservation of open-mindedness, and (Q2) Is it always intellectually virtuous to exhibit open-mindedness in the context of online echo chambers and epistemic bubbles? In response to Q1, I contend that both online echo chambers and online epistemic bubbles threaten to undermine the cultivation and preservation of open-mindedness, albeit via different mechanisms and to different degrees. In response to Q2, I affirm that both a deficiency and an excess of open-mindedness can be virtuous in these online environments, depending on the epistemic orientation of the digital user. (shrink)

In his article ‘The Metaverse: Surveillant Physics, Virtual Realist Governance, and the Missing Commons,’ Andrew McStay addresses an entwinement of ethical, political, and metaphysical concerns surrounding the Metaverse, arguing that the Metaverse is not being designed to further the public good but is instead being created to serve the plutocratic ends of technology corporations. He advances the notion of ‘surveillant physics’ to capture this insight and introduces the concept of ‘virtual realist governance’ as a theoretical framework that ought to guide (...) Metaverse design and regulation. This commentary article primarily serves as a supplementary piece rather than a direct critique of McStay’s work. First, I flag certain understated or overlooked nuances in McStay’s discussion. Then, I extend McStay’s discussion by juxtaposing a Lockean inspired argument supporting the property rights of Metaverse creators with an opposing argument advocating for a Metaverse user's ‘right to virtual abundance,’ informed by the potential of virtual reality technology to eliminate scarcity in virtual worlds. Contrasting these arguments highlights the tension between corporate rights and social justice in the governance of virtual worlds and bears directly on McStay’s assertion that there is a problem of the missing commons in the early design of the Metaverse. (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)

Logical consequence is typically construed as a metalinguistic relation between sentences. Deflationism is an account of logic that challenges this orthodoxy. In Williamson’s recent presentation of deflationism, logic’s primary concern is with universal generalizations over absolutely everything. As well as an interesting account of logic in its own right, deflationism has also been recruited to decide between competing logics in resolving semantic paradoxes. This paper defends deflationism from its most important challenge to date, due to Ole Hjortland. It then presents (...) two new problems for the view. Hjortland’s objection is that deflationism cannot discriminate between distinct logics. I show that his example of classical logic and supervaluationism depends on equivocating about whether the language includes a “definitely” operator. Moreover, I prove a result that blocks this line of objection no matter the choice of logics. I end by criticizing deflationism on two fronts. First, it cannot do the work it has been recruited to perform. That is, it cannot help adjudicate between competing logics. This is because a theory of logic cannot be as easily separated from a theory of truth as its proponents claim. Second, deflationism currently has no adequate answer to the following challenge: what does a sentence’s universal generalization have to do with its logical truth? I argue that the most promising, stipulative response on behalf of the deflationist amounts to an unwarranted change of subject. (shrink)

I argue for three conclusions. First, responsibility skeptics are committed to the position that the criminal justice system should adopt a universal nonresponsibility excuse. Second, a universal nonresponsibility excuse would diminish some of our most deeply held values, further dehumanize criminals, exacerbate mass incarceration, and cause an even greater number of innocent people (nonwrongdoers) to be punished. Third, while Saul Smilansky's ‘illusionist’ response to responsibility skeptics – that even if responsibility skepticism is correct, society should maintain a responsibility‐realist/retributivist criminal justice (...) system – is generally compelling, it would not work if a majority of society were to convert, theoretically and psychologically, to responsibility skepticism. In this (highly improbable) scenario, and only in this (highly improbable) scenario, the criminal justice system would need to be reformed in such a way that it aligned with the majority's responsibility‐skeptical beliefs and attitudes. (shrink)

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)

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)

This paper provides an opinionated guide to discussions of acting and believing on the basis of reasons. I aim to bring closer together largely separate literatures in practical rea- son and in epistemology. I focus on three questions. First, is basing causing? Causal theories of basing remain popular despite the notorious Problem of Deviant Causal Chains. Causal theorists in both the epistemic and practical domains have begun to appeal to dispositions to try and solve the problem. Second, how unified are (...) acting and believing on the basis of reasons? I consider an important challenge to their unity due to Setiya. I sketch a response, which posits unity of causal structure across acting and believing on the basis of reasons. Third, how does acting or believing on the basis of a good reason relate to acting or believing on the basis of a reason simpliciter? I generalize a recent argument of Lord and Sylvan's to include acting as well as believing. The conclusion is that, for both believing and acting, ϕing on the basis of a good reason does not amount to ϕing on the basis of a reason that just so happens to be good. (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)

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.

A comprehensive draft overview of John Stuart Mill's public life and philosophy, including discussion of: 1. A System of Logic. – 2. The Greatest Happiness Principle. – 3. Progress, Liberty, and Democracy. – 4. Equality. – 5. India and Empire. – 6. Distribution, Socialism, and Sustainability.

In this essay we will consider another basic topic: the problem of the nature of the distinctions between Sitte, Brauch, Wert, Mode, and Recht, on which Weber's discussion relies. These discussions typically involved the untranslatable concept of Sitte, which marks a contrast between practices or customs with normative force and “mere practice.” There is a close parallel to this distinction in American social thought in W. G. Sumner's latinate distinction between the mores and folkways of a society. In what follows (...) we shall simply use the German term as a reminder of its long history in German philosophy. Weber was obviously aware of this history, as was Jhering. Our aim will be to examine Weber's modifications of the received version of these distinctions and to consider the Implications of these modifications. As we shall see, what Weber represents as an innocuous classificatory problem contains a much more significant conceptual transformation, which bears on the general image of modernity as rationalization constructed by Weber. (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)

The problem of religious disagreement between epistemic peers is a potential threat to the epistemic justification of one’s theistic belief. In this paper, I develop a response to this problem which draws on the central epistemological thesis of skeptical theism concerning our inability to make proper judgements about God’s reasons for permitting evil. I suggest that this thesis may extend over to our judgements about God’s reasons for self-revealing, and that when it does so, it can enable theists to remain (...) steadfast amid disagreement with epistemic peers who hold a contrary theistic belief (i.e., atheistic belief). For if we’re unable to make proper judgements about God’s reasons for self-revealing, then for all we know, God has some reason for not revealing Himself to our apparent epistemic peer. Thus, their epistemic credentials needn’t provide reason to reduce one’s confidence to such a degree as to no longer uphold one’s theistic belief. (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 chapter aims to draw on the critical threads of those vibrant theological conversations within the formative years of Islamic thought in considering the different theological models of the Divine within the broader Islamic tradition under the purview of classical theism as it is understood today in the contemporary philosophy of religion. In doing so, it makes reference to the major strands within the theological (‘ilm al- kalām & atharī scripturalism) and philosophical (falsafa) schools of the Islamic tradition. It aims (...) to consider how these different trends, schools, and thinkers construct a model of God in light of the classical and neo-classical theistic model of God. (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)

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)

Contemporary philosophy of religion has been fascinated with questions of the rationality of religious belief. Alvin Plantinga—a prominent Christian philosopher—has contributed greatly to the exploration of these questions. Plantinga’s epistemology is rooted in the intuitions of Thomas Reid’s “common-sense” philosophy and has developed into a distinctive outlook that we may coin, Plantingian (Calvinist) Reidianism. This chapter aims to propose that, in fact, the central ideas of that outlook can be seen prior to Reid (and John Calvin), beyond the confines of (...) exclusively Christian and European circles, in the theological epistemology of the Damascene Islamic theologian, Taqī al-Dīn Ibn Taymiyya (d. 1328 CE). In exploring the contours of a Taymiyyan worldview, primed upon the notion of fiṭra, Ibn Taymiyya can be seen to have developed a faculty-based account of knowledge, moderate foundationalism, and a distinct “Reformed” epistemology. Within the midst of these developments, Ibn Taymiyya offers a potential framework for a “common-sense” philosophical methodology. Taken together these ideas form the basis for the intuitions of Plantingian Reidianism. Therefore, Plantinga might have looked to an earlier figure working in another tradition for historical support and inspiration for his religious epistemology. (shrink)

There are three main accounts of the proper function of the low mood system (LMS): the social risk theory, the disease theory, and the propitiousness theory. Adjudicating between these accounts has proven difficult, as there is little agreement in the literature about what a theory of the LMS’s proper function is supposed to explain. In this article, drawing upon influential work on the evolution of other affective systems, such as the disgust system and the fear system, I argue that a (...) theory of the proper function of the low mood system should: (i) account for the reliable, distal causes and effects of the system’s activation, and (ii) explain how having a system that performed such a function increased fitness in ancestral environments. On this basis, I show that the proper function of the low mood system is to limit resource expenditure in relatively unpropitious circumstances, exactly as hypothesised by the propitiousness theory. (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.

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)

Models are the coin of the realm in current philosophy of science, as they are in science itself, having replaced laws and theories as the primary strategy. Logical Positivism tried to erase the older neo-Kantian distinction between ideal constructions and reality. It returns in the case of models. Nowak’s concept of idealization pro- vided an alternative account of this issue. It construed model application as concretizations of hypotheses which improve by accounting for exceptions. This appears to account for physical law. (...) But it raises the problem of uniqueness: is the result unique, as physical law should be? Neo-Kantianism failed this test. Its solutions were circular justifications for claims of uniqueness. Nowak inherited the problem without resolving it. (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?

This article begins with some common or well-known sentiments about the present pandemic era and our experience of it, and moves by way of these toward discussion of the concepts of human existence and the “world” in the broadest sense of both terms. Departing from but also radicalizing the notion that “everything changed” in this pandemic time, I discuss certain logical difficulties that pertain to conceiving of or coherently talking about strict totalities which would include our own selves. This will (...) have significant consequences for our conception of the world (when taken in its absolute or broadest sense), and in what sense there are or could be multiple such immersive wholes of experience. Ultimately, I will suggest that in being able to name such pervasive or all encompassing phenomena, phenomena which are “always more” than what it is possible for us to indicate, that human existence is fundamentally liminal, or essentially between and borderline. Being essential or fundamental, this liminality or betweenness will form the basis which precedes and makes possible the apparently simple activities of, for instance, counting time or comparing and contrasting ordinary things, activities which would otherwise seem to require no outside support or conditions. (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)

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)

Incompatibilists believe free will is impossible if determinism is true, and they often claim that this view is supported by ordinary intuitions. We challenge the claim that incompatibilism is intuitive to most laypersons and discuss the significance of this challenge to the free will debate. After explaining why incompatibilists should want their view to accord with pretheoretical intuitions, we suggest that determining whether incompatibilism is in fact intuitive calls for empirical testing. We then present the results of our studies, which (...) put significant pressure on the claim that incompatibilism is intuitive. Finally, we consider and respond to several potential objections to our approach. (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)

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)

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)

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)

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)