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)
Libertarians like Robert Kane believe that indeterminism is necessary for free will. They think this in part because they hold both that my being the ultimate cause of at least part of myself is necessary for free will and that indeterminism is necessary for this "ultimate self-causation". But seductive and intuitive as this "USC Libertarianism" may sound, it is untenable. In the end, no metaphysically coherent conception of ultimate self-causation is available. So the basic intuition motivating the USC Libertarian is (...) ultimately impossible to fulfill. (shrink)
It is both amazing and fitting that this huge, jargon-laden (this book really needs a glossary!), heavily academic work has become a best seller in the world of the educated. One has to be dedicated to learn the jargon and then plow through 551 pages of text and 238 pages of notes. Meanwhile, we are told time and again that this is just an outline of what is to come! -/- Though he severely criticizes the excesses of the three movements, (...) this is a deconstructive and New Age Mystical and postmodern interpretation of religion, philosophy and the behavioral sciences from a very liberal,spiritual point of view—i.e., without the worst of decon, pm and NAM jargon, rabid egalitarianism and anti-scientific anti-intellectualism. -/- He analyzes in some detail the various world views of philosophy, psychology, sociology and religion, exposing their fatal reductionistic flaws with (mostly) care and brilliance, but most of the sources he analyzes are of almost no relevance today. They use terminology and concepts that were already outdated when he was researching and writing 20 years ago. One has to slog thru endless pages of jargon -laden discussion of Habermas, Kant, Emerson, Jung et.al. to get to the pearls. -/- You get a terrific sampling of bad writing, confused and outdated ideas and obsolete jargon. -/- If one has a good current education, it is doubly painful to read this book (and most writing on human behavior). Painful because it´s so tortured and confusing and then again when you realized how simple it is with modern psychology and philosophy. The terminology and ideas are horrifically confused and dated (but less so in Wilber´s own analysis than in his sources). -/- This book and most of its sources are would-be psychology texts, though most of the authors did not realize it. It is about human behavior and reasoning-about why we think and act the way we do and how we might change in the future. But (like all such discussion until recently) none of the explanations are really explanations, and so they give no insight into human behavior. Nobody discusses the mental mechanisms involved. It is like describing how a car works by discussing the steering wheel and metal and paint without any knowledge of the engine, fuel or drive train. In fact, like most older ´explanations` of behavior, the texts quoted here and the comments by Wilber are often more interesting for what kinds of things they accept (and omit!) as explanations, and the kind of reasoning they use, than for the actual content. -/- If one is up on philosophy and cognitive and evolutionary psychology, most of this is archaic. Like nearly everyone (scholars and public alike--eg, see my review of Dennett´s Freedom Evolves and other books), he does not understand that the basics of religion and ethics-- in fact all human behavior, are programmed into our genes. A revolution in understanding ourselves was taking place while he was writing his many books and it passed him by. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my article The Logical Structure of Philosophy, Psychology, Mind and Language as Revealed in Wittgenstein and Searle 59p(2016). For all my articles on Wittgenstein and Searle see my e-book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Wittgenstein and Searle 367p (2016). Those interested in all my writings in their most recent versions may consult my e-book Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2016 662p (2016). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX . (shrink)
이 거대한 전문 용어가 가득한 (이 책은 정말 용어집을 필요로합니다!), 무겁게 학문적 인 작업이 교육의 세계에서 베스트 셀러가되었다는 것은 놀랍고 적합합니다. 하나는 전문 용어를 배우고 텍스트의 551 페이지와 노트의 238 페이지를 통해 쟁기 전념해야합니다. 그 동안에, 우리는 이것이 올 것의 단지 개요라고 몇 번이고 들었습니다! 그는 세 운동의 과잉을 심각하게 비판하지만, 이것은 매우 자유롭고 영적 관점에서 종교, 철학 및 행동 과학의 해체및 새로운 시대 신비주의와 포스트 모더니즘 해석이다- 즉, 최악의 데카곤없이, PM과 NAM 전문 용어, 맹렬한 평등주의와 반 과학적 반 지적. (...) 그는 철학, 심리학, 사회학 및 종교의 다양한 세계관을 자세히 분석하여 (주로) 보살핌과 광채로 치명적인 감소론적 결함을드러내지만, 그가 분석하는 대부분의 출처는 오늘날 거의 관련이 없습니다. 그들은 그가 20 년 전에 연구하고 쓸 때 이미 구식이었던 용어와 개념을 사용합니다. 하나는 하버마스, 칸트, 에머슨, 정 대한 전문 용어의 끝없는 페이지를 통해 슬로깅한다. 진주에 도착합니다. 당신은 나쁜 쓰기, 혼란스럽고 오래된 아이디어와 쓸모없는 전문 용어의 훌륭한 샘플링을 얻을. (shrink)
Este livro e a maioria de suas fontes gostaria de ser textos da psicologia, embora a maioria dos autores não o realizem. Trata-se de comportamento humano e raciocínio-sobre por que pensamos e agir da maneira que fazemos e como podemos mudar no futuro. Mas (como toda essa discussão até recentemente) nenhum dos explicações são realmente explicações (melhor chamado de descrições na maioria dos contextos, como insistiu Wittgenstein), e assim eles não dão nenhuma visão sobre o comportamento humano. Ninguém discute os (...) mecanismos mentais envolvidos. É como descrever como um carro funciona by discutindo o volante e metal e pintura sem qualquer conhecimento do motor, combustível ou trem de acionamento. Na verdade, como a maioria dos mais velhos ' explicações ' de comportamento, os textos citado aqui e os comentários por Wilber são muitas vezes mais interessante para que tipos de coisas que eles aceitam (e omitir!) como explicações, e o tipo de raciocínio eles usam, do que para o conteúdo real. Se um está acima na filosofia e na psicologia cognitiva e evolucionária, a maioria disto é arcaico. Como quase todos (eruditos e públicos iguais-e.g., veja a minha resenha de Dennett ́S ‘Freedom Evolves’ e outros livros), ele não entende que os fundamentos da religião e da ética-na verdade, todo o comportamento humano, são programados em nossos genes. Uma revolução na compreensão de nós mesmos estava ocorrendo enquanto ele estava escrevendo seus muitos livros e passou por ele. Aqueles que desejam um quadro até à data detalhado para o comportamento humano da opinião moderna dos dois sistemas consultar meu livros Falando Macacos 3ª Ed (2019), A Estrutura Lógica da Filosofia, Psicologia, Mente e Linguagem em Ludwig Wittgenstein e John Searle 2a Ed (2019), Suicídio Pela Democracia,4aEd(2019), Entendendo as Conexões entre Ciência, Filosofia, Psicologia, Religião, Política e Economia Artigos e Análises 2006-2019 (2019), Ilusões Utópicas Suicidas no 21St século 5a Ed (2019), A Estrutura Lógica do Comportamento Humano (2019),. (shrink)
Es increíble y apropiado que esta enorme, cargada de jerga (este libro realmente necesita un glosario!), el trabajo muy académico se ha convertido en un mejor vendido en el mundo de los educados. Uno tiene que ser dedicado a aprender la jerga y luego arado a través de 551 páginas de texto y 238 páginas de notas. Mientras, se nos dice tiempo y otra vez que esto es sólo un bosquejo de lo que está por venir! A pesar de que (...) critica severamente los excesos de los tres movimientos, esto es un deconstructivo y NEW edad mística y posmoderna interpretación de la religión, la filosofía y la Ciencias del comportamiento de un muy liberal, punto de vista espiritual — i. e., sin lo peor de deconstrucion, la jerga de postmodernismo y nuevo edad mysticismo, el igualitarismo rabioso y anti-intelectualismo anti-científico. Analiza en algunos detallar las diversas opiniones del mundo de la filosofía, la psicología, la sociología y la religión, exponiendo sus fallas reduccionistas fatales con (principalmente) cuidado y brilliantez, pero la mayoría de las fuentes que analiza no son casi ninguna relevancia hoy en día. Utilizan terminología y conceptos que ya estaban obsoletos cuando estaba investigando y escribiendo hace 20 años. (shrink)
The Einstein of the New Age holds forth in his unique and brilliant style on the history of world views and how to put spirit back in our life. If you have the patience to learn his jargon and read slowly there is alot of serious brainfood here. I read this and his Sex, Ecology and Spirituality(1995) with Hofstadter´s famous Godel, Escher, Bach(GEB) written in 1980(both of which I have reviewed here). Wilber´s work has many parallels with GEB, both of (...) them massive works attempting to tie together disparate fields and different views of life. Unlike Hofstadter, who was mainly interested in the nature of intelligence, Wilber does not treat math, music or DNA, and he concentrates on world views that have a spiritual relevance but like Hofstadter he lacks any grasp of the logical structure of rationality, the dual systems of thought or the works of Wittgenstein and Searle, which obviates much of his work. For an account of those see my articles. He spent a vast amount of time working out the relationships between ideas and how they relate to individual and society, spirit and science. If you don´t have the time or patience for the whole book, read Superconsciousness Parts 1 and 2 which are an excellent summary. His shortest book, `The Marriage of Self andSoul is a much easier read that gives you a good idea of his style and purpose. He details alot of intellectual history (philosophy, psychology, religion, ecology, feminism, sociology, etc) and shows where nearly everyone went too far in the direction of Ascent (to the spirit) or Descent (to science,materialism, reductionism or Flatland). He trys to show how to heal the rifts by combining sense and soul (spiritual and material life, science and religion, internal and external, individual and social). Everything is related to everything else (holons in holarchies). The Age of Enlightenment denied the the spirit, the individual and the interior life but developed art, morals and science and led to democracy, feminism, equality and ecology, but this reductionism compressed the intellect and the spirit into the Flatland of science, rationality and materialism. He sees the loss of the spiritual point of view with the Age of Enlightenment as the major factor responsible for the malaise of modern times, but real spirituality or ìntelligent religion (i.e., the quest for enlightenment) as opposed to primitive religion (everything else-see my review of Boyer´s 'Religion Explained') was always rare. It is intelligent religion he sees as the panacea, but it is primitive religion that the masses understand, and it too has only materialistic goals. In sum, in spite of its shortcomings it is still unique and well worth the effort. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle’ 2nd ed (2019). Those interested in more of my writings may see ‘Talking Monkeys--Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet--Articles and Reviews 2006-2019 3rd ed (2019), The Logical Structure of Human Behavior (2019), and Suicidal Utopian Delusions in the 21st Century 4th ed (2019). (shrink)
We grant that anthropic reasoning yields the result that we should not expect to be in a small civilization. However, regardless of what civilization one finds oneself in, one can use anthropic reasoning to get the result that one should not expect to be in that sort of civilization. Hence, contra Ken Olum, anthropic reasoning does not conflict with observation.
Ken Wilber insists that valid knowledge must be derived from paradigms: sets of injunctions and social practices that lead to replicable experiences. In this article, I examine Wilber's claims that the theory still includes the essentials of premodern traditions, because the essentials of those traditions consist of a phenomenological core of practices leading to mystical experience. Drawing on the works of Robert Sharf and Wilhelm Halbfass and on close readings of primary texts, this article argues that mystical paradigms of replicable (...) experience are not in fact the essentials of these traditions--neither for the majority of practitioners nor even for their revered teachers or masters. The article concludes with a discussion of the implications of this point for constructive integral work. (shrink)
Common to different versions of social constructionism is the definition of discourse as taking place between persons. Experiences which take place in the absence of immediate others, such as thinking to oneself or reading a text, are treated as secondary phenomena, as introjected versions of social utterance-gestures. This article asserts that representative constructionist articulations of between-person relationality rest on abstractions masking a more primary locus of sociality. I offer an alternative formulation of the social as the embodiment of sensate experience, (...) borrowing from Merleau-Ponty's and Gendlin's accounts. Sensate experience is already radically relational before and beyond any notion of sociality as between-person voices-gestures, generating more intimate and mobile possibilities of interpersonal understanding than is offered via discursive readings of terms like social, language and embodiment. -/- Note; Although this paper pertains to social constructionist positions, my central criticism of these approaches applies as well to Deleuze's bio-political notion of sociality. While constructionists restrict their focus to inter-personal communication, Deleuze broadens the notion of language to include the living and material world, which includes the body. This places the site of otherness and sociality within intentionality itself via its entanglement with affect. Nevertheless, Deleuze's treatment of affective-intentional dynamics, rather than dismantling social constructionism's between-person abstractions, manages to import them into bodily process. (shrink)
Recently, a number of people have argued that certain entities embodied by groups of agents themselves qualify as agents, with their own beliefs, desires, and intentions; even, some claim, as moral agents. However, others have independently argued that fully-fledged moral agency involves a capacity for reactive attitudes such as guilt and indignation, and these capacities might seem beyond the ken of “collective” or “ corporate ” agents. Individuals embodying such agents can of course be ashamed, proud, or indignant about what (...) the agent has done. But just as an entity needs to have its own beliefs, desires, and intentions to qualify as a bona fide agent, the required capacity for reactive attitudes is a capacity to have one’s own reactive attitudes. If fully-fledged moral agency requires reactive attitudes, the corporate agent must itself be capable of guilt and indignation. In this paper, we argue that at least certain corporate agents are. Or, more precisely, we argue that if there are bona fide corporate agents, these agents can have the capacities that are both associated with guilt and indignation and plausibly required for moral agency; in particular certain epistemic and motivational capacities. (shrink)
According to ethical objectivism, what a person should do depends on the facts, as opposed to their perspective on the facts. A long-standing challenge to this view is that it fails to accommodate the role that norms play in guiding a person’s action. Roughly, if the facts that determine what a person should do lie beyond their ken, they cannot inform a person’s deliberations. This paper explores two recent developments of this line of thought. Both focus on the epistemic counterpart (...) to ethical objectivism, according to which what a person should believe depends on the facts, as opposed to their perspective on the facts. The suggestion in each case is that epistemic objectivism faces a distinctive problem in accommodating guidance. Insofar as objectivism concerning the epistemic domain stands or falls with objectivism concerning the ethical domain, this is a problem for objectivism more generally. In this paper, I show that those arguments are not successful. The upshot is that the objectivist – whether ethical or epistemic – need not reject the idea that norms serve a guiding function. (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 paper argues against the realization principle, which reifies the realization relation between lower-level and higher-level properties. It begins with a review of some principles of naturalistic metaphysics. Then it criticizes some likely reasons for embracing the realization principle, and finally it argues against the principle directly. The most likely reasons for embracing the principle depend on the dubious assumption that special science theories cannot be true unless special science predicates designate properties. The principle itself turns out to be false (...) because the realization relation fails the naturalistic test for reality: it makes no causal difference to the world.1 1This paper resulted from work done at John Heil's 2006 Mind and Metaphysics NEH Summer Seminar at Washington University in St. Louis. An early version of it was presented in a special symposium on realization at the 2007 meeting of the Southern Society for Philosophy and Psychology. I owe thanks to all the participants in both events for helpful discussions, and I owe particular thanks to Ken Aizawa, Torin Alter, Jason Ford, Carl Gillett, John Heil, Nicholas Helms, Pete Mandik, John Post, Gene Witmer, Michelle Wrenn, Tad Zawidzki, and two anonymous referees for the AJP. (shrink)
Causal selection is the task of picking out, from a field of known causally relevant factors, some factors as elements of an explanation. The Causal Parity Thesis in the philosophy of biology challenges the usual ways of making such selections among different causes operating in a developing organism. The main target of this thesis is usually gene centrism, the doctrine that genes play some special role in ontogeny, which is often described in terms of information-bearing or programming. This paper is (...) concerned with the attempt of confronting the challenge coming from the Causal Parity Thesis by offering principles of causal selection that are spelled out in terms of an explicit philosophical account of causation, namely an interventionist account. I show that two such accounts that have been developed, although they contain important insights about causation in biology, nonetheless fail to provide an adequate reply to the Causal Parity challenge: Ken Waters's account of actual-difference making and Jim Woodward's account of causal specificity. A combination of the two also doesn't do the trick, nor does Laura Franklin-Hall's account of explanation (in this volume). We need additional conceptual resources. I argue that the resources we need consist in a special class of counterfactual conditionals, namely counterfactuals the antecedents of which describe biologically normal interventions. (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)
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 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)
We use probability-matching variations on Ellsberg’s single-urn experiment to assess three questions: (1) How sensitive are ambiguity attitudes to changes from a gain to a loss frame? (2) How sensitive are ambiguity attitudes to making ambiguity easier to recognize? (3) What is the relation between subjects’ consistency of choice and the ambiguity attitudes their choices display? Contrary to most other studies, we find that a switch from a gain to a loss frame does not lead to a switch from ambiguity (...) aversion to ambiguity neutrality and/or ambiguity seeking. We also find that making ambiguity easier to recognize has little effect. Finally, we find that while ambiguity aversion does not depend on consistency, other attitudes do: consistent choosers are much more likely to be ambiguity neutral, while ambiguity seeking is much more frequent among highly inconsistent choosers. (shrink)
Experimental results on the Ellsberg paradox typically reveal behavior that is commonly interpreted as ambiguity aversion. The experiments reported in the current paper find the objective probabilities for drawing a red ball that make subjects indifferent between various risky and uncertain Ellsberg bets. They allow us to examine the predictive power of alternative principles of choice under uncertainty, including the objective maximin and Hurwicz criteria, the sure-thing principle, and the principle of insufficient reason. Contrary to our expectations, the principle of (...) insufficient reason performed substantially better than rival theories in our experiment, with ambiguity aversion appearing only as a secondary phenomenon. (shrink)
I argue that four of the fundamental claims of those calling themselves `genic pluralists'Philip Kitcher, Kim Sterelny, and Ken Watersare defective. First, they claim that once genic selectionism is recognized, the units of selection problems will be dissolved. Second, Sterelny and Kitcher claim that there are no targets of selection. Third, Sterelny, Kitcher, and Waters claim that they have a concept of genic causation that allows them to give independent genic causal accounts of all selection processes. I argue that each (...) one of these claims is either false or misleading. Moreover, the challenge that arises from the availability of genic causal accounts, namely, the inability to choose on rational grounds among genic and higher-level accounts, is unsupported. (shrink)
Coherentism in epistemology has long suffered from lack of formal and quantitative explication of the notion of coherence. One might hope that probabilistic accounts of coherence such as those proposed by Lewis, Shogenji, Olsson, Fitelson, and Bovens and Hartmann will finally help solve this problem. This paper shows, however, that those accounts have a serious common problem: the problem of belief individuation. The coherence degree that each of the accounts assigns to an information set (or the verdict it gives as (...) to whether the set is coherent tout court) depends on how beliefs (or propositions) that represent the set are individuated. Indeed, logically equivalent belief sets that represent the same information set can be given drastically different degrees of coherence. This feature clashes with our natural and reasonable expectation that the coherence degree of a belief set does not change unless the believer adds essentially new information to the set or drops old information from it; or, to put it simply, that the believer cannot raise or lower the degree of coherence by purely logical reasoning. None of the accounts in question can adequately deal with coherence once logical inferences get into the picture. Toward the end of the paper, another notion of coherence that takes into account not only the contents but also the origins (or sources) of the relevant beliefs is considered. It is argued that this notion of coherence is of dubious significance, and that it does not help solve the problem of belief individuation. (shrink)
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 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)
Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Many scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. -/- But this formulation is not quite right. The real paradox raised by the different legal statuses (...) of blackmail threats to disclose and disclosure itself involves a contradiction between our strong intuition that blackmail threats should be criminal and some equally strong arguments, all of which depend on the fact that disclosure is legal, that blackmail threats should be legal. So an adequate solution to the real Blackmail Paradox requires us either to drop the intuition or to refute the pro-legalization arguments. -/- This Article will adopt the latter approach. It will explain why the six main arguments for legalizing blackmail threats all fail. In the course of refuting one of these arguments, it will also offer a novel positive justification for criminalizing blackmail threats: they should be criminal for the same reason that menacing, harassment, and stalking are criminal--namely, because they involve the reasonable likelihood, and usually the intent, of putting the victim into a state of especially great fear and anxiety. -/- Of course, one might object that disclosure itself is likely to have the same effect, if not malicious purpose. Yet, again, it is still legal. But this point shows only that we as a society value freedom of speech more than we value freedom from infliction of emotional injury. It does not show that we do not value freedom from infliction of emotional injury sufficiently to protect it when competing moral or institutional interests such as freedom of speech are not at stake. (shrink)
My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...) theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)
We explicate and evaluate arguments both for and against the insanity defense itself, different versions of the insanity defense (M'Naghten, Model Penal Code, and Durham (or Product)), the Irresistible Impulse rule, and various reform proposals.
We think and speak in figures. This is key to our creativity. We re-imagine one thing as another, pretend ourself to be another, do one thing in order to achieve another, or say one thing to mean another. This comes easily because of our abilities both to work out meaning in context and re-purpose words. Figures of speech are tools for this re-purposing. Whether we use metaphor, simile, irony, hyperbole, and litotes individually, or as compound figures, the uses are all (...) rooted in literal meanings. These uses invite us to explore the context to find new meanings, new purposes, beyond the literal. -/- This special issue of Philosophical Studies brings together eight papers on various aspects and applications of figurative speech including: David Hills, Mitch Green, Liz Camp, Ofra Magidor, Larry Horn, Ken Walton, Stephen Barker, and Mihaela Popa-Wyatt. (shrink)
We analyze Case in terms of independent constraints on syntactic structures — namely, the Projection Principle (inherent Case), the ECP (marked structural Case), and the theory of extended projections (the nominative, a Caseless nominal projection). The resulting theory accounts for (1) the government constraint on Case assignment, (2) all major Case systems (accusative, ergative, active, three-way, and split), (3) Case alternations (passive, antipassive, and ECM), and (4) the Case of nominal possessors. Structural Case may correlate with pronominal agreement because the (...) former can, and the latter must, involve antecedent-government by a functional head. However, neither phenomenon implies the other. (shrink)
Der These des erweiterten Geistes zufolge befinden sich manche mentalen Repräsentationen außerhalb der körperlichen Grenzen der Wesen, zu denen sie gehören. Einer der stärksten Einwände gegen diese These stellt das Argument der Nichtabgeleitetheit von Frederick Adams, Ken Aizawa und Jerry Fodor dar. Dieses Argument setzt voraus, dass genuine mentale Repräsentationen nichtabgeleitete Gehalte haben – ihre semantischen Eigenschaften sind also nicht durch Absichten, Wünsche oder Konventionen konstituiert. Repräsentationen mit nichtabgeleitetem Gehalt finden sich jedoch, so das Argument weiter, nur innerhalb der körperlichen (...) Grenzen mentaler Wesen. Ich werde dafür argumentieren, dass das Argument der Nichtabgeleitetheit scheitert, da es insbesondere bei Tieren externe Repräsentationen gibt, deren Gehalt nichtabgeleitet ist. Dies folgt jedenfalls aus der aussichtsreichsten Theorie nichtabgeleiteter Repräsentationen, der Teleosemantik, und es gibt gute Gründe anzunehmen, dass auch andere naturalistische Gehaltstheorien dieselbe Implikation haben. (shrink)
As health systems around the world turn towards highly distributed, specialized and cooperative structures to increase quality and safety of care as well as efficiency and efficacy of delivery processes, there is a growing need for supporting communication and collaboration of all parties involved with advanced ICT solutions. The Electronic Health Record (EHR) provides the information platform which is maturing towards the eHealth core application. To meet the requirements for sustainable, semantically interoperable, and trustworthy EHR solutions, different standards and different (...) national strategies have been established. The workshop summarizes the requirements for such advanced EHR systems and their underlying architecture, presents different strategies and solutions advocated by corresponding protagonists, discusses pros and cons as well as harmonization and migration strategies for those approaches. It particularly highlights a turn towards ontology-driven architectures. (shrink)
This is a forthcoming section for the book "Theism and Atheism: Opposing Arguments in Philosophy", edited by Graham Oppy, Gregory Dawes, Evan Fales, Joseph Koterski, Mashhad Al-Allaf, Robert Fastiggi, and David Shatz. I was asked to write a brief essay on whether naturalism or theism can successfully explain the distribution of suffering in our world. Wheras another section covers the possibility that suffering is evidence against theism, my essay is concerned only with the ability for either naturalism or theism to (...) explain suffering. I argue that, for naturalists, suffering is not to be explained by either philosophers of religion or theologians. Instead, naturalists believe that suffering should be explained by the cognitive and social sciences, perhaps in conjunction with political philosophy and philosophy of mind. Moreover, naturalists may take suffering to be an important reason for action. In a world without a transcendent, supernatural being to watch over us, we can only depend upon each other to ameliorate existing conditions, to the extent that they can be ameliorated. On the other hand, theistic explanations of the distibution of suffering slip very easily into problematic theologies when they try to offer explicit explanations for suffering. For example, the world's most vulnerable people are often those who suffer the most, whereas oppressors are often able to prosper. That is, theistic explanations of our world's suffering easily slip into, e.g., the just world fallacy, racist ideology (i.e., that God favors some race(s) of people over others), or patriarchal ideology. Instead of offering an explicit explanation, theists should instead be skeptical theists -- i.e., they should argue that an explanation for our world's suffering is beyond our ken. While skeptical theism avoids the aforementioned problematic implications, if skeptical theism is true, then our world's suffering cannot be fully explained. (shrink)
The paper compares the non-standard theistic notion of God as presented by John Bishop and Ken Perszyk in their so-called “euteleological” concept of God with idealistic, especially Hegelian and post-Hegelian, concepts of the divine. Both frameworks not only share striking similarities, based on their guiding intuitions, but also have remarkably parallel problems that have already been discussed in 19th-century speculative German theology in the aftermath of German Idealism. The article offers some proposals to strengthen the euteleological concept of God metaphysically (...) — based on some insights coming from post-Hegelian discussions. (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)
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)
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)
Vehicle externalists hold that the physical substrate of mental states can sometimes extend beyond the brain into the body and environment. In a particular variation on vehicle externalism, Susan Hurley (1998) and Alva Noë (2004) have argued that perceptual states, states with phenomenal qualities, are among the mental states that can sometimes spread beyond the brain. Their vehicle externalism about perceptual states will be the main topic of this article. In particular, I will address three strong objections to their vehicle (...) externalism, objections by Ned Block (2005), Jesse Prinz (2006), and Fred Adams & Ken Aizawa (2008). Though in some ways these objections appear disparate, I will argue that all of them depend on a crucial presupposition, one which Hurley, Noë, and their sympathizers should reject. This presupposition is that perceptual character is fixed by an instantaneous snapshot of neural states, a view that Hurley dubbed ‘temporal atomism.’ To put the presupposition in more familiar terms, all three objections are implicitly committed to something like Dennett’s Cartesian Theater (1991). -/- In the first part of the article, I will discuss Hurley and Noë’s views, and include reasons why their views entail the rejection of the Cartesian Theater. In the next part of the article I will introduce the three objections and show how they presuppose something like a Cartesian Theater. I will also show that, if the Cartesian Theater is rejected, the objections all vanish. In the final part of the article I address the charge that Noë and Hurley confuse causation with constitution. This charge reveals a lack of appreciation for the way in which dynamical explanation motivates Hurley’s externalism. (shrink)
This paper focuses on the framework for the compositional relations of properties in the sciences, or "realization relations", offered by Ken Aizawa and Carl Gillett (A&G) in a series of papers, and in particular on the analysis of "multiple realizations" they build upon it. I argue that A&G's analysis of multiple realization requires an account of levels and I try to show, then, that the A&G framework is not successful under any of the extant accounts of levels. There is consequently (...) a real concern tha thte A&G framework for realization may not be viable. (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)
La atención relativamente escasa que los estudiosos del filósofo y científico norteamericano Charles S. Peirce (1839-1914) han prestado a lo largo de los años a las dimensiones religiosas de su pensamiento siempre me ha parecido cuando menos sorprendente. Desde mis primeras lecturas de Peirce me impresionó profundamente esa desatención que tanto contrastaba con la ubicuidad de las referencias religiosas en los escritos de Peirce, especialmente en sus años de madurez. En mis encuentros con reconocidos estudiosos peirceanos solía preguntarles acerca de (...) Dios y la religión en Peirce, y la respuesta que recibí casi siempre fue que efectivamente había una gran cantidad de cuestiones religiosas en su obra, pero que no estaban interesados en ellas. Por otra parte, me sorprendió gratamente que el fallecido novelista Walker Percy se considerara a sí mismo en su correspondencia con Ken Ketner como “un ladrón de Peirce”, aspirando a “usar a CSP como uno de los pilares de la apologética cristiana”. Me pareció que el novelista converso al catolicismo estaba en algún sentido mucho más cercano al Peirce real que aquellos estudiosos a los que les había preguntado acerca de Dios y la religión en Peirce. -/- El objetivo de este artículo es subrayar el hecho de que para Peirce la creencia en Dios no es sólo un producto natural de la abducción o "instinto racional", de las conjeturas educadas del científico o del hombre corriente, sino que también la creencia en Dios y el desarrollo científico están interrelacionados. No sólo la creencia en Dios es capaz de cambiar la conducta del creyente, sino que de acuerdo con Peirce la realidad de Dios dota de sentido a toda la empresa científica. Esto puede sonar un poco extraño a los oídos positivistas contemporáneos, pero para comprender realmente a Peirce es preciso estudiar sus preocupaciones religiosas, que de forma creciente se consideran quizá tan importantes filosóficamente como sus preocupaciones científicas6. Más aún, en algún sentido quiero sugerir que para Peirce la actividad científica es una empresa genuinamente religiosa, quizá incluso la actividad religiosa por excelencia, y que separar religión y ciencia es contrario tanto al espíritu científico como al Peirce real. (shrink)
In this paper, we discuss some rather puzzling facts concerning the semantics of Warlpiri expressions of cardinality, i.e. the Warlpiri counterparts of English expressions like one,two, many, how many. The morphosyntactic evidence, discussed in section 1, suggests that the corresponding expressions in Warlpiri are nominal, just like the Warlpiri counterparts of prototypical nouns, eg. child. We also argue that Warlpiri has no articles or any other items of the syntactic category D(eterminer). In section 2, we describe three types of readings— (...) "definite", "indefinite" and "predicative"—which are generally found with Warlpiri nouns, including those which correspond to English common nouns and cardinality expressions. A partial analysis of these readings is sketched i n section 3. Since Warlpiri has no determiner system, we hypothesize that the source of (in)definiteness in this language is semantic. More specifically, we suggest that Warlpiri nominals are basically interpreted as individual terms or predicates of individuals and that their three readings arise as a consequence of the interaction of their basic meanings, which are specific to Warlpiri, with certain semantic operations, such as type shifting (Rooth and Partee 1982, Partee and Rooth 1983, Partee 1986, 1987), which universally can or must apply in the process of compositional semantic interpretation. (shrink)
Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. Are (...) you guilty now? -/- Probably. You might argue that your scopophiliac ambition was impossible to satisfy given that you were peeping into a squash court, not a locker room. But this “Impossibility Defense” would fail because most jurisdictions follow the very influential Model Penal Code (MPC), which says that what is important about attempt is not the likelihood of success but rather what was going on in your head. You tried to peer into a locker room with the intention of seeing some nudity; that is enough for culpability. The fact that you were mistaken about the location does not exonerate you. -/- But now suppose that the particular jurisdiction you are in does not criminalize voyeurism. While most people think that voyeurism is just plain wrong, if not disgusting, the legislature just never got around to drafting a statute against it. Are you guilty now? The answer is no. But you might just be out of luck and convicted anyway. -/- The reason for this strange conclusion is that most jurisdictions have followed the Model Penal Code in yet another respect: along with the MPC’s “subjectivist” emphasis on what is in your head, they have followed the MPC’s lead in abolishing the Impossibility Defense entirely. As a result, people who believe that they are breaking laws when they really are not may still be subject to arrest, prosecution, and conviction respectively by police, prosecutors, and judges/juries merely if all three parties regard your conduct — especially your trying to violate a law that you mistakenly believed in — as morally reprehensible. The best, if not only, defense against this charge is the Impossibility Defense, but — again — most jurisdictions have decided to make this defense unavailable to defendants. -/- Depriving eligible defendants of the Impossibility Defense is unjust. It violates one of the most basic principles of criminal justice: the legality principle. The legality principle says that there cannot be just punishment without a crime, and there should not be a crime without an explicit law designating it as such. So you cannot be charged with, and convicted of, attempted voyeurism if voyeurism, reprehensible as it may be, was not explicitly prohibited at the time that you made the attempt. -/- If we believe in the legality principle, then we must restore the Impossibility Defense. Without the latter, too many defendants are being — and will continue to be — punished for attempts to perform acts that were not themselves illegal but which various parties in the criminal justice system (except the legislature) thought should be illegal based on their extralegal, moral prejudices. -/- In addition to the MPC, the principal obstacle to resurrecting the Impossibility Defense is a good deal of conceptual confusion that permeates relevant cases and scholarship. Too many courts and academics have conflated “factual impossibility” with “legal impossibility” and have fallaciously inferred “hybrid impossibility” from “hybrid mistakes” (that is, legal mistakes that derive from factual mistakes). One of the principal goals of this Article, then, is to clear up all of this confusion. I will explicate in the simplest possible terms (a) the difference between factual impossibility and legal impossibility, (b) why only legal impossibility qualifies as exculpatory, and (c) why hybrid impossibility simply does not exist. (shrink)
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)
A surprisingly large number of scholars believe that (a) we are blameworthy, and therefore punishable, only for what we have control over; (b) we have control only over our actions and intentions, not the consequences of our actions; and therefore (c) if two agents perform the very same action (e.g., attempting to kill) with the very same intentions, then they are equally blameworthy and deserving of equal punishment – even if only one of them succeeds in killing. This paper argues (...) against these “equivalence theorists” that harmful consequences do make a moral difference, that the harm produced by the killer’s attempt retroactively makes her action more blameworthy, and therefore deserving of more punishment, than the failed attempter’s attempt. The primary argument for this “non-equivalence theory” is an analogy with gambling. Just as a gambler makes a deal with the casino to allow metaphysical luck to retroactively determine the “profit status” of her bet, so too the attempted killer makes a deal with “the casino of morality” to allow metaphysical luck to retroactively determine the moral status of her attempt. She makes the “moral deal” that if her attempt succeeds, her attempt was more blameworthy than if her attempt does not succeed. And it is the greater blameworthiness of the killer’s attempt that justifies our intuition that the killer should be punished more harshly than the failed attempter. (shrink)
In this article, I weigh in on the debate between "Humeans" and "New Humeans" concerning David Hume's stance on the existence of causal connections in "the objects." According to New Humeans, Hume believes in causal connections; according to Humeans, he does not. -/- My argument against New Humeans is that it is too difficult to reconcile Hume's repeated claims that causal connections are inconceivable with any belief that they these inconceivable somethings still exist. Specifically, Hume either assumes or does not (...) assume that causal connections do or must exist. If he does not, then the New Hume is false. If he does, then it is only reasonable to expect him to do one of two things: (1) provide explicit and unambiguous statements to the effect that he still believes that causal connections do or must exist despite his belief that we cannot even conceive of them and/or (2) provide textual evidence that he subscribes to a reason for believing that causal connections do or must exist in the objects despite his belief that we cannot even conceive of them. I then argue that Hume never satisfies either (1) or (2). -/- My ultimate conclusion is not that the New Hume is false. On the contrary, in section IX, I will argue that the New Hume is still a viable possibility if we attribute a certain other position to Hume – what I will refer to as "Newtonian Empiricism." But I will also argue that this rather plausible interpretation of Hume is equally consistent with Hume's being an agnostic about causal connections and Hume's being a Humean about causal connections. Therefore while we have no good reason to subscribe to the New Hume (rather than Hume's being an agnostic or a Humean), we cannot conclusively rule out this interpretation. (shrink)
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