This paper examines the ethical, epistemological, and political implications of persuasive AI technologies. Recent research suggests that AI is roughly as persuasive as humans in many contexts. Should this concern us? I argue that, while some worries about persuasive AI may be overblown, we should be worried for a mix of ethical, epistemological and political reasons. Most centrally, we should be worried because persuasive AI may lead to a small number of powerful actors dominating what I call the “marketplace of (...) arguments”—the set of arguments that are the materials we use to discuss important moral, political and societal issues. (shrink)

In her paper “Democracy, Public Policy, and Lay Assessments of Scientific Testimony” Elizabeth Anderson (2011) identifies a tension between the requirements of responsible public policy making and democratic legitimacy. The tension, put briefly, is that responsible public policy making should be based on the best available scientific research, but for it to be democratically legitimate there must also be broad public acceptance of whatever policies are put in place. In this chapter I discuss this tension, with a strong focus on (...) the issue of climate change. My aims are twofold. First, I argue that the tension is harder to resolve than Anderson supposes because some ways of securing acceptance for science-based policies will themselves be democratically illegitimate. Second, I take a closer look at the role intellectual autonomy plays in the tension. Many think that what I call “science marketing” methods for securing broad(er) acceptance of scientific claims are illegitimate because they infringe on our intellectual autonomy. I argue that it is less clear that this is true than many suppose. This is because, put roughly, judicious use of targeted science marketing methods need not stop us from developing the ability to think about scientific issues for ourselves. In fact, they may even aide us in developing this ability. While this doesn’t quite resolve the tension identified by Anderson, it does some of the necessary groundwork for resolving it. (shrink)

Many have rejected contextualism about ?knows? because the view runs into trouble with intra- and inter-contextual disagreement reports. My aim in this paper is to show that this is a mistake. First, I outline four desiderata for a contextualist solution to the problem. Second, I argue that two extant solutions to the problem fail to satisfy the desiderata. Third, I develop an alternative solution which satisfies the four desiderata. The basic idea, put roughly, is that ?knowledge? ascriptions serve the function (...) of recommending good informants, and disagreement over ?knowledge? ascriptions is a matter of conflicting recommendations. The upshot is that intra- and inter-contextual disagreement reports provide little?if any?reason to reject contextualism. (shrink)

Epistemic contextualists think that the extension of the expression ‘knows’ depends on and varies with the context of utterance. In the last 15 years or so this view has faced intense criticism. This paper focuses on two sorts of objections. The first are what I call the ‘linguistic objections’, which purport to show that the best available linguistic evidence suggests that ‘knows’ is not context-sensitive. The second is what I call the ‘disagreement problem’, which concerns the behaviour of ‘knows’ in (...) disagreement reports. These may not be the only objections to epistemic contextualism, but they are probably the most influential. I argue that the best current epistemic contextualist response to the linguistic objection is incomplete, and I show how it can be supplemented to deal with the full range of linguistic objections. I also develop a new solution to the disagreement problem. The upshot is that neither sort of objection gives us any reason to reject epistemic contextualism. This conclusion is, in a sense, negative—no new arguments for epistemic contextualism are advanced—but it’s a vital step towards rehabilitating the view. (shrink)

The idea that the concept ‘knowledge’ has a distinctive function or social role is increasingly influential within contemporary epistemology. Perhaps the best-known account of the function of ‘knowledge’ is that developed in Edward Craig’s Knowledge and the state of nature (1990, OUP), on which (roughly) ‘knowledge’ has the function of identifying good informants. Craig’s account of the function of ‘knowledge’ has been appealed to in support of a variety of views, and in this paper I’m concerned with the claim that (...) it supports a sort of epistemic contextualism, which is (roughly) the view that the semantic contents and truth-conditions of ‘knowledge’ ascriptions - instances of ‘S knows that p’- depend on and vary with the context of ascription (see, for instance, John Greco’s ‘What’s wrong with contextualism’, Philosophical Quarterly [2008]). Prima facie, this claim should strike us as surprising. A number of concepts and linguistic items (words, sentences) serve functions that have little or nothing to do with semantics. However, I argue that, on the best interpretation of talk of the function of a concept such as ‘knowledge’, the function of ‘knowledge’ is relevant to semantics. Along the way I also suggest how to improve on what I call the ‘usual argument’ that Craig’s account of the function of ‘knowledge’ supports epistemic contextualism. (shrink)

Many of us hold false beliefs about matters that are relevant to public policy such as climate change and the safety of vaccines. What can be done to rectify this situation? This question can be read in two ways. According to the descriptive reading, it concerns which methods will be effective in persuading people that their beliefs are false. According to the normative reading, it concerns which methods we are permitted to use in the service of persuading people. Some effective (...) methods—a programme of brainwashing, say—would not be permissible. In this paper I compare “methods of rational persuasion” with what you might call “marketing methods” such as how one frames the problem of climate change. My aim is to show that “marketing methods” are preferable to “methods of rational persuasion”. My argument has two parts. First, I argue that the evidence suggests that “marketing methods” are more effective in persuading people to change their minds. Second, I argue that “marketing methods” are an acceptable response to the normative question. (shrink)

Alan Hodgkin and Andrew Huxley used abductive reasoning to draw conclusions about the ionic basis of the action potential. Here we build on that initial proposal. First, we propose that Hodgkin and Huxley’s constitutive abductive reasoning has four features. Second, we argue that Hodgkin and Huxley are not alone in giving such arguments. Tolman, 1948, and Baumgartner, 1960, also gave such arguments. The implication is that such arguments are common enough in science that philosophers of science should pay more attention (...) to them. Third, we propose that constitutive abduction describes a method that scientists use to confirm constitutive hypotheses that is an alternative to the mutual manipulability approach that is familiar in the New Mechanist literature. (shrink)

In their ‘Metaethical contextualism defended’ (Ethics, 2010) Gunnar Björnsson & Stephen Finlay argue that metaethical contextualism - roughly, the view that 'ought' claims are semantically incomplete and require supplementation by certain parameters provided by the context in which they are uttered - can deal with two influential problems. The first concerns the connection between deliberation and advice (the 'practical integration problem'). The second concerns the way in which the expression ‘ought’ behaves in intra- and inter-contextual disagreement reports (the 'semantic assessment (...) problem'). I argue that, while Björnsson & Finlay can deal with the first problem, they can’t deal with the second. (shrink)

Abstract: Proponents of the this-universe objection to fine-tuning arguments for a multiverse claim that while the multiverse hypothesis raises the probability that some universe is fine-tuned for life, it fails to raise the probability that this one is. Because that is so, they further argue, those who take the fine-tuning of this universe as evidence for the multiverse hypothesis are guilty of a probabilistic fallacy. I argue that a proper evaluation of the this-universe objection requires the development of a general, (...) formal framework for reasoning probabilistically with evidence statements expressed using indexical terms (such as the statement This universe is fine-tuned). I proceed to develop such a framework and then to apply it to the this-universe objection. While my primary aim is to defend the this-universe objection from recent rebuttals, a secondary aim is to exhibit the utility of the framework itself, which has the potential for wider application. (shrink)

In philosophical work on the ethics of conversational exchange, much has been written regarding the speaker side—i.e., on the rights and duties we have as speakers. This paper explores the relatively neglected topic of the duties pertaining to listeners’ side of the exchange. Following W.K. Clifford, we argue that it’s fruitful to think of our epistemic resources as common property. Furthermore, listeners have a key role in maintaining and improving these resources, perhaps a more important role than speakers. We develop (...) this idea by drawing from Hugo Mercier and Dan Sperber’s “interactionist” picture of reason, which suggests that reasoning is essentially dialogical and relies on the epistemic vigilance of listeners. The paper defends an imperfect, prima facie duty to listen, one that is sufficiently strong to place substantial demands on individuals, but not so overly demanding as to be implausible. (shrink)

This paper focuses on Martin Montminy’s recent attempt to show that assertion and practical reasoning are necessarily governed by the same epistemic norm (“Why assertion and practical reasoning must be governed by the same epistemic norm”, Pacific Philosophical Quarterly [2013]). I show that the attempt fails. I finish by considering the upshot for the recent debate concerning the connection between the epistemic norms of assertion and practical reasoning.

In a recent article in this journal, James Christensen, Tom Parr and David Axelsen argue that millionaire salaries are unjust and women have no grounds of fairness to unjust salaries in parity with men. They accept that disrespect is expressed toward women when they are paid less than men because of their gender. Their argument largely replicates a similar argument developed earlier by Anca Gheaus. By drawing on the distinction between ideal and nonideal theory, we argue that Christensen et al. (...) and Gheaus hold women to unacceptably high standards of justice and arguably higher standards than men are held to. (shrink)

Internalists in epistemology think that whether one possesses epistemic statuses such as knowledge or justification depends on factors that are internal to one; externalists think that whether one possesses these statuses can depend on factors that are external to one. In this chapter we focus on the relationship between externalism and epistemic relativism. Externalism isn’t straightforwardly incompatible with epistemic relativism but, as we’ll see, it is very common to hold that key externalist insights block or undermine some standard arguments for (...) epistemic relativism. Our aim in this chapter is to give a broad overview of why externalism poses a problem for standard arguments for relativism. But we also want to discuss some—admittedly less developed—ways in which some externalist ideas might actually provide support for certain forms of epistemic relativism. (shrink)

In this paper I consider the prospects for pluralism about knowledge, that is, the view that there is a plurality of knowledge relations. After a brief overview of some views that entail a sort of pluralism about knowledge, I focus on a particular kind of knowledge pluralism I call standards pluralism. Put roughly, standards pluralism is the view that one never knows anything simpliciter. Rather, one knows by this-or-that epistemic standard. Because there is a plurality of epistemic standards, there is (...) a plurality of knowledge relations. In §1 I argue that one can construct an impressive case for standards pluralism. In §2 I clarify the relationship between standards pluralism, epistemic contextualism and epistemic relativism. In §3 I argue that standards pluralism faces a serious objection. The gist of the objection is that standards pluralism is incompatible with plausible claims about the normative role of knowledge. In §4 I finish by sketching the form that a standards pluralist response to this objection might take. (shrink)

It is commonly observed that we live in an increasingly polarised world. Strikingly, we are polarised not only about political issues, but also about scientific issues that have political implications, such as climate change. This raises two questions. First, why are we so polarised over these issues? Second, does this mean our views about these issues are all equally ir/rational? In this chapter I explore both questions. Specifically, I draw on the literature on ideologically motivated reasoning to develop an answer (...) to the first question. Put briefly, we exhibit “directional biases” in our information processing: we try to assimilate new information into our existing webs of beliefs. This means that those who are predisposed to accept the case for climate change end up accepting it, whereas those who are predisposed to reject it end up rejecting it. Based on this answer, I then address the second question. I look at some reasons for thinking that, because we all exhibit such biases in our thinking, we are all equally rational (or, as the case may be, irrational). I also suggest some ways you might try reject these reasons. (shrink)

Skeptical invariantism isn’t a popular view about the semantics of knowledge attributions. But what, exactly, is wrong with it? The basic problem is that it seems to run foul of the fact that we know quite a lot of things. I agree that it is a key desideratum for an account of knowledge that it accommodate the fact that we know a lot of things. But what sorts of things should a plausible theory of knowledge say that we know? In (...) this paper I sketch an answer to this question and then apply it to skeptical invariantism. I start by distinguishing between a “radical” skeptical invariantist position (on which the standards for knowing are so high that we rarely if ever satisfy them) and a more “moderate” skeptical invariantist position (on which the standards are very hard, but not impossible, to satisfy). I then argue that, while radical forms of skeptical invariantism are clearly not going to do a good job of satisfying the key desideratum, more moderate forms can do quite well with respect to it. In particular, I argue the version of moderate skeptical invariantism defended by Davide Fassio can plausibly satisfy it. (shrink)

In the recent philosophy of language literature there is a debate over whether contextualist accounts of the semantics of various terms can accommodate intuitions of disagreement in certain cases involving those terms. Relativists such as John MacFarlane have claimed that this motivates adopting a form of relativist semantics for these terms because the relativist can account for the same data as contextualists but doesn’t face this problem of disagreement (MacFarlane 2005, 2007 and 2009). In this paper I focus on the (...) case of epistemic predicates and I argue that on a certain assumption about what is involved in assessing an utterance the epistemic contextualist can solve her problem of disagreement. This undercuts a motivation for epistemic relativism. (shrink)

Pragmatic encroachers argue that whether you know that p depends on a combination of pragmatic and epistemic factors. Most defenses of pragmatic encroachment focus on a particular pragmatic factor: how much is at stake for an individual. This raises a question: are there reasons for thinking that knowledge depends on other pragmatic factors that parallel the reasons for thinking that knowledge depends on the stakes? In this paper I argue that there are parallel reasons for thinking that knowledge depends on (...) social factors such as one’s social role or identity. I call this social encroachment. After defending social encroachment, I compare and contrast social encroachment with some key ideas in feminist epistemology. I argue that, while there are some important similarities, there are also some important differences. I finish by commenting on what I take the upshots of these differences to be. (shrink)

The slogan “Do Your Own Research” (DYOR) is often invoked by people who are distrustful, even downright sceptical, of recognized expert authorities. While this slogan may serve various rhetorical purposes, it also expresses an ethic of inquiry that valorises independent thinking and rejects uncritical deference to recognized experts. This paper is a qualified defence of this ethic of inquiry in one of the central contexts in which it might seem attractive. I use several case studies of patient activist groups to (...) argue that these groups often engage in valuable independent research that advances biomedical knowledge. In doing so they demonstrate the value of “lay expertise” and the epistemic as well as political necessity of not simply deferring to recognized experts. I also give some reasons why patient activist groups often produce valuable biomedical knowledge: they are examples of what I call “research collectives”. Research collectives are research communities that differ from the traditional research communities we find in universities and research institutes in that their members typically lack formal relevant scientific credentials and training. But they are similar in that they have internal structures—training procedures, norms of discussion, venues for holding discussions—that facilitate the production of knowledge. I finish by suggesting that future research into the differences and similarities between research collectives and traditional research communities is required. (shrink)

What is knowledge? What should knowledge be like? Call an epistemological project that sets out to answer the first question ‘descriptive’ and a project that sets out to answer the second question ‘normative’. If the answers to these two questions don’t coincide—if what knowledge should be like differs from what knowledge is like—there is room for a third project we call ‘revisionary’. A revisionary project starts by arguing that what knowledge should be differs from what knowledge is. It then proposes (...) that we revise our account of knowledge accordingly. Our aim in this paper was to develop a methodology for revisionary projects in epistemology. Put roughly, the thought is that we start by looking at the various things that we expect knowledge to do for us. Once we have a list of the various things we expect knowledge to do for us we have a ‘job description’; a list of tasks we need done, and that we expect knowledge to perform. With the job description in hand, we can ask what knowledge would hav.. (shrink)

Although doubt (Tvivl) and despair (Fortvivlelse) are widely recognized as two central and closely associated concepts in Kierkegaard’s authorship, their precise relationship remains opaque in the extant interpretive literature. To shed light on their relationship, this paper develops a novel interpretation of Kierkegaard’s understanding of the connection between despair and our agency over our beliefs, and its significance for Kierkegaard’s ethics of belief. First, I show that an important yet largely overlooked form of Kierkegaardian despair involves either failing to take (...) ethico-religious responsibility for one’s practical agency over one’s beliefs, or misusing one’s practical agency over one’s beliefs by refusing to recognize or comply with externally given ethico-religious norms governing belief. Second, I argue that Kierkegaard takes properly exercising one’s agency over one’s beliefs to matter because beliefs are partly constitutive of the theological virtues (faith, hope, and love) that Kierkegaard regards as the cure for despair. (shrink)

Feminist epistemologies hold that differences in the social locations of inquirers make for epistemic differences, for instance, in the sorts of things that inquirers are justified in believing. In this paper we situate this core idea in feminist epistemologies with respect to debates about social constructivism. We address three questions. First, are feminist epistemologies committed to a form of social constructivism about knowledge? Second, to what extent are they incompatible with traditional epistemological thinking? Third, do the answers to these questions (...) raise serious problems for feminist epistemologies? We argue that some versions of two of the main strands in feminist epistemology – feminist standpoint theory and feminist empiricism – are committed to a form of social constructivism, which requires certain departures from traditional epistemological thinking. But we argue that these departures are less problematic than one might think. Thus, (some) feminist epistemologies provide a plausible way of understanding how (some) knowledge might be socially constructed. (shrink)

Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we suggest (...) that corporate actors would be excused from duties if complying with them threatened their vital interests. We show how this excuse is not available for most individuals within firms; instead, it is an excuse perhaps available to firms themselves, but only given substantive assumptions about corporate personhood. For those willing to make these assumptions, we apply the competitive advantage construct to delimit the scope of this excuse. We suggest that firms are excused from fulfilling an obligation when complying leads to a competitive disadvantage, as this imperils the firm’s vital interests. After revealing why this excuse does not generalize, we conclude by considering when we should reform the market to avoid the legitimacy of this excuse. (shrink)

Contextualism is the view that knowledge ascriptions – utterances of sentences containing the word “knows” - express different propositions in different contexts of utterance. But what features of context determine the propositions expressed by knowledge ascriptions? According to a version of contextualism I call conversational contextualism, the conversational dynamics or kinematics determine the propositions expressed by knowledge ascriptions. In this paper I argue that the most sophisticated version of conversational contextualism, which is the view defended by Michael Blome-Tillmann (2009; 2014), (...) faces serious problems. My (very) tentative conclusion will be that conversational contextualism should be abandoned because of these problems. (shrink)

In this chapter, we defend an explanationist version of proper functionalism. After explaining proper functionalism’s initial appeal, we note two major objections to proper functionalism: creatures with no design plan who appear to have knowledge (Swampman) and creatures with malfunctions that increase reliability. We then note how proper functionalism needs to be clarified because there are cases of what we call warrant-compatible malfunction. We then formulate our own view: explanationist proper functionalism, which explains the warrant-compatible malfunction cases and helps to (...) block the above objections. We also advance a positive argument for explanationist proper functionalism. (shrink)

In 1990 Edward Craig published a book called Knowledge and the State of Nature in which he introduced and defended a genealogical approach to epistemology. In recent years Craig’s book has attracted a lot of attention, and his distinctive approach has been put to a wide range of uses including anti-realist metaepistemology, contextualism, relativism, anti-luck virtue epistemology, epistemic injustice, value of knowledge, pragmatism and virtue epistemology. While the number of objections to Craig’s approach has accumulated, there has been no sustained (...) attempt to develop answers to these objections. In this paper we provide answers to seven important objections in the literature. (shrink)

This paper applies Edward Craig’s and Bernard Williams’ ‘genealogical’ method to the debate between relativism and its opponents in epistemology and in the philosophy of language. We explain how the central function of knowledge attributions -- to ‘flag good informants’ -- explains the intuitions behind five different positions (two forms of relativism, absolutism, contextualism, and invariantism). We also investigate the question whether genealogy is neutral in the controversy over relativism. We conclude that it is not: genealogy is most naturally taken (...) to favour an anti-realism about epistemic norms. And anti-realism threatens absolutism. (shrink)

Biologists seems to hold two fundamental beliefs: Organisms are organized into levels and the individuals at these levels differ in their properties. Together these suggest that there will be massive multiple realization, i.e. that many human psychological properties are multiply realized at many neurobiological levels. This paper provides some documentation in support of this suggestion.

“Political epistemology” has recently emerged as an area of analytic epistemology. While it may not be an entirely new area, and its precise boundaries are up for negotiation, recent political events in the UK (e.g. Brexit) and the US (e.g. the election of Donald Trump) played a key role in its rise to prominence within contemporary analytic epistemology. Further, political epistemology is an inter-disciplinary field, drawing on relevant work in political science, political psychology, and science communication that is often equally (...) focused on the UK and US. Political epistemology is therefore parochial, though it is the kind of parochialism that is not always conscious of itself as parochial. In this talk I adopt a critical stance towards parochialism in political epistemology. But my aim is not just to point out the mistakes that can result from a parochial concern with political events in one’s own country. I suggest that we can view political epistemology as interested in certain fundamental problems and tensions, which political epistemologists may then seek to identify and address within the political context in which they are working. (shrink)

This paper develops a “Cliffordian” argument for a common epistemic norm governing belief, action, and assertion. The idea is that beliefs are the sorts of things that lead to actions and assertions. What each of us believes influences what we act on and assert, and in turn influences what those around us believe, act on, and assert. Belief, action, and assertion should be held to a common epistemic norm because, otherwise, this system will become contaminated. The paper finishes by drawing (...) out the relativistic implications of the Cliffordian argument. (shrink)

In the flash-lag effect a non-moving object is quickly flashed directly underneath a moving object, which leads us to perceive the non-moving object as “lagging” the moving object, even though the two objects actually occupy the same horizontal position at the time of the flash. In the example above, for instance, a red square moves across a screen. At the midpoint of the red square’s journey from one side to the other, a green square is quickly presented (flashed) just below. (...) Despite the fact that the two stimuli are presented at the same coordinates along the x axis, the stationary square is perceived as behind the moving square. The perceived lag of the flashed stationary object becomes greater when the speed of the moving object is increased and vice versa (Nijhawan 1994). (shrink)

Empirical work on motivated reasoning suggests that our judgments are influenced to a surprising extent by our wants, desires and preferences (Kahan 2016; Lord, Ross, and Lepper 1979; Molden and Higgins 2012; Taber and Lodge 2006). How should we evaluate the epistemic status of beliefs formed through motivated reasoning? For example, are such beliefs epistemically justified? Are they candidates for knowledge? In liberal democracies, these questions are increasingly controversial as well as politically timely (Beebe et al. 2018; Lynch forthcoming, 2018; (...) Slothuus and de Vreese 2010). And yet, the epistemological significance of motivated reasoning has been almost entirely ignored by those working in mainstream epistemology. We aim to rectify this oversight. Using politically motivated reasoning as a case study, we show how motivated reasoning gives rise to three distinct kinds of skeptical challenges. We conclude by showing how the skeptical import of motivated reasoning has some important ramifications for how we should think about the demands of intellectual humility. (shrink)

This chapter develops and defends an account of reason: to reason is to scrutinize one’s attitudes by consulting the perspectives of other persons. The principal attraction of this account is its ability to vindicate the unique of authority of reason. The chapter argues that this conception entails that reasoning is a robustly social endeavor—that it is, in the first instance, something we do with other people. It is further argued that such social endeavors presuppose mutual respect on the part of (...) those participating in them. The account therefore yields a form of Kantian constructivism: we have an unconditional duty of respect for persons because such a duty is implicit in the very nature of reasoning. -/- . (shrink)

As a slew of recent work in epistemology has brought out, there is a range of cases where there's a strong temptation to say that prudential and (especially) moral considerations affect what we ought to believe. There are two distinct models of how this can happen. On the first, “reasons pragmatist” model, the relevant prudential and moral considerations constitute distinctively practical reasons for (or against) belief. On the second, “pragmatic encroachment” model, the relevant prudential and moral considerations affect what one (...) is epistemically justified in believing. The pragmatic encroachment model appears to have several advantages over reasons pragmatism, and this has led many recent philosophers to endorse the former. However, in this paper we argue that a version of reasons pragmatism can be (at least largely) saved from these purported disadvantages once paired with an independently plausible permissivism about epistemically justified outright belief. This hybrid view—“permissivist pragmatism”—holds that when there is more than one epistemically permitted doxastic attitude, practical (including moral) considerations can determine which epistemically permitted doxastic attitude one all-things-considered ought to have. This view avoids both the problems faced by simple versions of reasons pragmatism, and those that distinctively attend pragmatic encroachment, while preserving the advantages of each view. (shrink)

This paper is about two topics: metaepistemological absolutism and the epistemic principles governing perceptual warrant. Our aim is to highlight—by taking the debate between dogmatists and conservativists about perceptual warrant as a case study—a surprising and hitherto unnoticed problem with metaepistemological absolutism, at least as it has been influentially defended by Paul Boghossian as the principal metaepistemological contrast point to relativism. What we find is that the metaepistemological commitments at play on both sides of this dogmatism/conservativism debate do not line (...) up with epistemic relativism nor do they line up with absolutism, at least as Boghossian articulates this position. What this case study reveals is the need in metaepistemological option space for the recognition of a weaker and less tendentious form of absolutism, what we call “environment relativism”. On this view, epistemic principles are knowable, objective, and they can serve as the basis of particular epistemic evaluations, but their validity is relative to the wider global environment in which they are applied. (shrink)

This chapter presents arguments for two slightly different versions of the thesis that the value of persons is incomparable. Both arguments allege an incompatibility between the demands of a certain kind of practical reasoning and the presuppositions of value comparisons. The significance of these claims is assessed in the context of the “Numbers problem”—the question of whether one morally ought to benefit one group of potential aid recipients rather than another simply because they are greater in number. It is argued (...) that many of the popular approaches to this problem—even ones that avoid the aggregation of personal value—are imperiled by the incomparability theses. -/- . (shrink)

The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

Process reliabilism says that a belief is justified iff the belief-forming process that produced it is sufficiently reliable. But any token belief-forming process is an instance of a number of different belief-forming process types. The problem of specifying the relevant type is known as the ‘generality problem’ for process reliabilism. This paper proposes a broadly relativist solution to the generality problem. The thought is that the relevant belief-forming process type is relative to the context. While the basic idea behind the (...) solution is from Mark Heller (1995), the solution defended here departs from Heller on a crucial point. Because of this departure, my solution avoids a serious problem with Heller’s solution. (shrink)

In a series of works Sosa (in: Knowledge in perspective, Cambridge University Press, Cambridge, 1991; A virtue epistemology: apt belief and reflective knowledge, Oxford University Press, Oxford, 2007; Reflective knowledge: apt belief and reflective knowledge, Oxford University Press, Oxford, 2009; ‘How Competence Matters in Epistemology’, Philos Perspect 24(1):465–475, 2010; Knowing full well, Princeton University Press, Princeton, 2011; Judgment and agency, Oxford University Press, Oxford, 2015; Epistemology, Princeton University Press, Princeton, 2017) has defended the view that there are two kinds or (...) ‘grades’ of knowledge, animal and reflective. One of the most persistent critics of Sosa’s attempts to bifurcate knowledge is Kornblith (in: Greco (ed) Ernest sosa and his critics, Wiley, Hoboken, 2004; ‘Sosa in Perspective’, Philos Stud 144(1):127–136, 2009; On reflection, Oxford University Press, Oxford, 2012). Our aim in this paper is to outline and evaluate Kornblith’s criticisms. We will argue that, while they raise a range of difficult (exegetical and substantive) questions about Sosa’s ‘bi-level’ epistemology, Sosa has the resources to adequately respond to all of them. Thus, this paper is a (qualified) defence of Sosa’s bi-level epistemology. (shrink)

For one to simply think, philosophy as a rational investigation of truths and principles of knowledge, being, and conduct, that is, philosophy as a "science," is not required. For thinking, what requisite is a reason, a human endowment constitutive of one's intelligence. One only needs a mind to be able to think. But something more is exigent for one to think twice, is to think again, to reconsider and see something from a different perspective. To think things twice, one needs (...) a conscious apprehension of the notion of truth, a deliberate and critical engagement with principles, and a learned competency of habits of thinking that discloses the eternal freshness of reality. These are the elements that constitute philosophy not simply as a way of life, but as an academic discipline with methods and theories. Here lies philosophy's vocational relevance. Thinking things twice is not the mental disorder of indecisiveness or the unfortunate product of capriciousness. To think things twice is the stubborn instinct of human intelligence which remains restless in entrenched patterns of thought. The apprehension of the possibility of thinking things twice is the initial promise of liberation, the first step towards unshackling the mind and its powers from mental scripts that do not give birth to creativity. This explains why it is said that in the domain of philosophical discourses, questions always outlive their answers. Indeed, though philosophy, in its many faces and guises, has offered opinions, beliefs and sometimes divergent truths to the fundamental questions of life. The more important are the questions asked than the answers proffered. The convoluted transformations and shifting grounds in the history of ideas show to us how, philosophically considered, answers have no finality. (shrink)

When a plaintiff has been negligent in the sense that he should have acted otherwise, should the same criterion of negligence apply that would apply if he were creating risks only to others? Indeed, are there any persuasive reasons not to apply a radically different criterion of negligence? Moreover, should the plaintiff's recovery be diminished, outside the category of assumption of risk, even when the plaintiff has not been negligent? What are the justifiable criteria and limits of such plaintiff strict (...) responsibility? There are reasons for caution before concluding that a victim's self-regarding conduct is negligent. A victim often deserves special sympathy in the light of his special predicament, choosing between two evils, the immediate costs of which he must personally bear. Indeed, it might appear that the law is unfair or unduly onerous when it places significant demands on a victim with respect to his own self-regarding behavior. On the other hand, we should not forget that the victim's “duty” to use reasonable care is merely conditional: it applies only in case the victim seeks a remedy against the tortfeasor. (shrink)

This paper explores the logical consequences of the the thesis that all of the essential properties of consciousness can be known introspectively (Completeness, called "Strong Transparency" in the paper, following D.M. Armstrong's older terminology). It is argued that it can be known introspectively that consciousness does not have complete access to its essential properties; and it is show how this undermines conceivability arguments for dualism.

In their responses to my article “Epistemically Pernicious Groups and the Groupstrapping Problem” (Boyd, 2018), Bert Baumgaertner (“Groupstrapping, Boostrapping, and Oops-strapping: A Reply to Boyd”) and C. Thi Nguyen (“Group-strapping, Bubble, or Echo Chamber?”) have raised interesting questions and opened lines of inquiry regarding my discussion of what I hope to be a way to help make sense of how members of groups can continue to hold beliefs that are greatly outweighed by countervailing evidence (e.g. antivaxxers, climate-change deniers, etc.). Here (...) I respond to these arguments and suggestions by providing three new reasons to believe that groupstrapping as I describe it occurs in epistemically pernicious groups. (shrink)

Wil Waluchow has advanced perhaps the most convincing argument in favour of what he eloquently termed ‘inclusive legal positivism’, the view that a given legal system could make legal validity depend on moral truths. This chapter refocuses the case for the opposing view of exclusive positivism on the metaphysical tension in seeing law as an institutional social fact and yet for its validity to depend on something that is not a social fact, developing an understanding of official mistake as a (...) way of highlighting that tension. If legal validity itself is understood as a socially constructed status (something with which any legal positivist would agree), key officials (as a group) cannot be wrong about the criteria sufficient for institutional membership having been met. While the officials cannot be wrong about the sufficient conditions, they can be wrong about the necessary (gatekeeping) ones and the moral criteria that inclusive positivists say could be included among the criteria of validity are invariably understood to be necessary conditions. That might look like a point in favour of inclusive positivism, but it is only the sufficient conditions that are constitutive of legal validity. Two facets of legal decisions are then marshalled to buttress the case for exclusive positivism: that almost every legal decision is also a determination of validity, and that all such decisions are systemically treated as correct until reviewed by a court of superior jurisdiction (which is itself a sufficient condition for membership). The implication of this is that moral criteria, understood as gatekeepers for legal validity, cannot be constitutive of legal validity. (shrink)

This essay provides an overview of the crime/tort distinction. It first investigates some of the fundamental differences between criminal law and tort law in doctrine and legal structure. It then explores some important similarities and differences in normative perspectives between the two doctrinal fields. This typology should prove analytically useful for examining some of the specific issues at the borderline of crime and torts—such as the proper scope of punitive damage liability and the question whether criminal law as well as (...) tort law should vary legal sanctions simply because of the fortuitous occurrence of harm. (shrink)

The article recovers the earlier meaning of event as found in Alfred North Whitehead’s works, Principles of Natural Knowledge and Concept of Nature. In the early Whitehead, the event is considered as the metaphysical ultimate; such that events are the metaphysical building blocks in order to account for the temporal and spatial extensiveness of reality. The recuperation of the pre-PR concept of event is expressive of a dynamic of extending over, or passing into, of one event to another. This dynamic (...) is explicitly absent in the actual occasion of Process and Reality, after Whitehead’s “turn to atomism.”. (shrink)

There is ample justification for having analogical material in standardized tests for graduate school admission, perhaps especially for law school. We think that formal-analogy questions should compare different scenarios whose structure is the same in terms of the number of objects and the formal properties of their relations. The paper deals with this narrower question of how legitimately to have formal analogy test items, and the broader question of what constitutes a formal analogy in general.

In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, admitting universal (...) admissibility would be the best policy for an ideal jury. This article uses the theory of epistemic contextualism to justify the exclusion of otherwise relevant evidence, and even reliable hearsay, on the basis of preventing shifts in the epistemic context. Epistemic contextualism holds that the justification standards of knowledge attributions change according to the contexts in which the attributions are made. Hearsay and other kinds of information the assessment of which rely upon fact finders’ more common epistemic capabilities push the epistemic context of the trial toward one of more relaxed epistemic standards. The exclusion of hearsay helps to maintain a relatively high standards context hitched to the standard of proof for the case and to prevent shifts that threaten to try defendants with inconsistent standards. (shrink)

Many people find comparisons of the value of persons distasteful, even immoral. But what can be said in support of the claim that persons have incomparable worth? This chapter considers an argument purporting to show that the value of persons is incomparable because it is so great—because it is infinite. The argument rests on two claims: that the value of our capacity for valuing must equal or exceed the value of things valued and that our capacity for valuing is unbounded (...) in a very strong sense. After laying out this argument, I consider its implications for how we should regard each other. In particular, I suggest that it complicates efforts to understand morality as a system of principles. Instead, I propose that an aesthetic attitude, not unlike our experience of the sublime, is an apt response to humanity’s infinite value. -/- . (shrink)