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 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)

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)

Kant says that there is a close affinity between the sublime and moral feelings of respect. This suggests a relatively unexplored way that aesthetic experience could be morally improving. We could come to respect persons by experiencing them as sublime. Unfortunately, this is not at all our ordinary experience of people, and it’s not clear how one would come to it. In this paper I argue that this possibility is realized in the portraits of Thomas Eakins. Through a handful of (...) specific techniques, Eakins suggests an incomparable psychological depth to the subjects of his portraits, a suggestion that causes the viewer to experience that subject as sublime in a way not unlike their experience of a vast ocean or endless abyss. -/- . (shrink)

Take pragmatic encroachment to be the view that whether one knows that p is determined at least in part by the practical consequences surrounding the truth of p. This view represents a significant departure from the purist orthodoxy, which holds that only truth-relevant factors determine whether one knows. In this chapter I consider some consequences of accepting pragmatic encroachment when applied to problems of political knowledge and political ignorance: first, that there will be cases in which it will not be (...) practically rational to acquire political knowledge when the stakes surrounding one’s political actions are high; second, that political knowledge can be more easily acquired when one values the welfare of others less; and third, that pragmatic encroachment may fail to account for a form of epistemic injustice when it comes to evaluating the political knowledge of members of marginalized groups. I argue that while these consequences are undesirable, the extent to which the pragmatic encroacher is committed to them depends both on the details of the theory, as well as the extent to which one considers political knowledge to be important. (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)

Upon doing something generous for someone with whom you are close, some kind of reciprocity may be appropriate. But it often seems wrong to actually request reciprocity. This chapter explores the wrongness in making these requests, and why they can nevertheless appear appropriate. After considering several explanations for the wrongness at issue (involving, e.g. distinguishing oughts from obligation, the suberogatory, imperfect duties, and gift-giving norms), a novel proposal is advanced. The requests are disrespectful; they express that their agent insufficiently trusts (...) the hearer to recognize their own reasons to reciprocate, and the close relationship between them morally requires this kind of trust. This proposal is articulated and situated in the recent discussion of the normativity of requests. The chapter concludes by explaining how these requests may appear appropriate. Agents in these relationships often have standing to make requests, though the standing is lacking in these particular cases. (shrink)

An audiovisual correspondence (AVC) refers to an observer’s seemingly arbitrary yet consistent matching of sensory features across the two modalities; for example, between an auditory pitch and visual size. Research on AVCs has frequently used a speeded classification procedure in which participants are asked to rapidly classify an image when it is either accompanied by a congruent or an incongruent sound (or vice versa). When, as is typically the case, classification is faster in the presence of a congruent stimulus, researchers (...) have inferred that the AVC is automatic and bottom-up. Such an inference is incomplete because the procedure does not show that the AVC is not subject to top-down influences. To remedy this problem, we devised a procedure that allows us to assess the degree of “bottom-up-ness” and “top-down-ness” in the processing of an AVC. We did this in studies of AVCs between pitch and five visual features: size, height, spatial frequency, brightness, and angularity. We find that all the AVCs we studied involve both bottom-up and top-down processing, thus undermining the prevalent generalization that AVCs are automatic. (shrink)

I argue that a crucial point has been overlooked in the debate over the “numbers problem.” The initial arrangement of parties in the problem can be thought of as chancy, and whatever considerations of fairness recommend the reliance on something like a coin toss in approaching this problem equally recommend treating the initial distribution as a kind of lottery. This fact, I suggest, undermines one of the principal arguments against saving the greater number.

This article examines how Quine and Sellars develop informatively contrasting responses to a fundamental tension in Carnap’s semantics ca. 1950. Quine’s philosophy could well be styled ‘Essays in Radical Empiricism’; his assay of radical empiricism is invaluable for what it reveals about the inherent limits of empiricism. Careful examination shows that Quine’s criticism of Carnap’s semantics in ‘Two Dogmas of Empiricism’ fails, that at its core Quine’s semantics is for two key reasons incoherent and that his hallmark Thesis of Extensionalism (...) is untenable. The tension in Carnap’s semantics together with Quine’s exposure of the severe limits of radical empiricism illuminate central features of Sellars’s philosophy: the fully general form of the myth of givenness, together with Sellars’s alternative Kantian characterisation of understanding; the full significance of Carnap’s distinction between conceptual analysis and conceptual explication, and its important methodological implications; the specifically pragmatic character of Sellars’s realism; and Sellars’s methodological reasons for holding that philosophy must be systematic and that systematic philosophy must be deeply historically and textually informed. This paper thus re-examines this recent episode of philosophical history for its philosophical benefits and systematic insights. (shrink)

Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.

Recently, there has been growing concern that increased partisanship in news sources, as well as new ways in which people acquire information, has led to a proliferation of epistemic bubbles and echo chambers: in the former, one tends to acquire information from a limited range of sources, ones that generally support the kinds of beliefs that one already has, while the latter function in the same way, but possess the additional characteristic that certain beliefs are actively reinforced. Here I argue, (...) first, that we should conceive of epistemic bubbles and echo chambers as types of epistemically pernicious groups, and second, that while analyses of such groups have typically focused on relationships between individual members, at least part of what such groups epistemically pernicious pertains to the way that members rely on the groups themselves as sources of information. I argue that member reliance on groups results in groups being attributed a degree of credibility that outruns their warrant, a process I call groupstrapping. I argue that by recognizing the groupstrapping as an illicit method of forming and updating beliefs we can make progress on some of the open questions concerning epistemically pernicious groups. (shrink)

It is has been argued that there is a problem with moral testimony: testimony is deferential, and basing judgments and actions on deferentially acquired knowledge prevents them from having moral worth. What morality perhaps requires of us, then, is that we understand why a proposition is true, but this is something that cannot be acquired through testimony. I argue here that testimony can be both deferential as well as cooperative, and that one can acquire moral understanding through cooperative testimony. The (...) problem of moral testimony is thus not a problem with testimony generally, but a problem of deferential testimony specifically. (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 modern cities, many old or abandoned buildings occupy valuable land without providing a comparably valuable service. In the past they have often met with the fate of being demolished and replaced, but modern day sentiment, be it foolhardy nostalgia or legitimate concern for architectural heritage, often leads to a building’s refurbishment. As a result, buildings save themselves from the wrecking ball by providing a service that satiates modern day demand.

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

A perennial problem in social epistemology is the problem of expert testimony, specifically expert testimony regarding scientific issues: for example, while it is important for me to know information pertaining to anthropogenic climate change, vaccine safety, Covid-19, etc., I may lack the scientific background required to determine whether the information I come across is, in fact, true. Without being able to evaluate the science itself, then, I need to find trustworthy expert testifiers to listen to. A major project in social (...) epistemology has thus become determining what the markers of trustworthiness are that laypersons can appeal to in order to identify and acquire information from expert testifiers. At the same time, the ways in which we acquire scientific information has changed significantly, with much of it nowadays being acquired in online environments. While much has been said about the potential pitfalls of seeking information online, little has been said about how the nature of seeking information online should make us think about the problem of expert testimony. Indeed, it seems to be an underlying assumption that good markers of trustworthiness apply equally well when seeking information from expert testifiers in online and offline environments alike, and that the new challenges and opportunities presented by online environments merely affects the methods by which we can acquire evidence of said trustworthiness. Here I argue that in making this assumption one risks failing to account for how unique features of the ways in which we acquire information online affect how we evaluate the trustworthiness of experts. Specifically, I argue for two main claims: first, that the nature of information-seeking online is such that the extent to which information is susceptible to manipulation is a dominant marker of trustworthiness; second, as a result, one will be more likely to seek out a particular kind of expert testifier in online environments, what I call a cooperative as opposed to preemptive expert. The result is that criteria for expert trustworthiness may look significantly different when acquiring information online as opposed to offline. (shrink)

Schiller says that “it is only through beauty that man makes his way to freedom.” Here I attempt to defend a claim in the same spirit as Schiller’s but by different means. My thesis is that a person’s autonomous agency depends on their adopting an aesthetic identity. To act, we need to don contingent features of agency, things that structure our practical thought and explain what we do in very general terms but are neither universal nor necessary features of agency (...) as such. Without these things, the question of what to do for any individual would be underdetermined. The problem is that adopting such a contingent form of agency amounts to a restriction on what we can do, and so it is a prima facie threat to our autonomy. I will argue that one way, and indeed the only way, of meeting this challenge lies in aesthetic experience. Granting our capacity for aesthetic pleasure the authority to determine the particularities of our agency is compatible with autonomy because doing so means identifying with one’s capacity for pleasure in free and creative activity. Doing this allows us to be both particular sorts of agents and creatures regulated by the universalizing demands of reason. (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.

Abstract: There has recently been controversy over the existence of 'multiple realization' in addition to some confusion between different conceptions of its nature. To resolve these problems, we focus on concrete examples from the sciences to provide precise accounts of the scientific concepts of 'realization' and 'multiple realization' that have played key roles in recent debates in the philosophy of science and philosophy of psychology. We illustrate the advantages of our view over a prominent rival account ( Shapiro, 2000 and (...) 2004 ) and use our work to rebut recent objections to the long-standing claim that psychological properties are multiply realized. For we use scientific evidence, in combination with our more precise theoretical framework, to show that we have strong reason to believe that psychological properties are indeed multiply realized both at the biochemical and neuronal levels. (shrink)

Groups behave in a variety of ways. To show that this behavior amounts to action, it would be best to fit it into a general account of action. However, nearly every account from the philosophy of action requires the agent to have mental states such as beliefs, desires, and intentions. Unfortunately, theorists are divided over whether groups can instantiate these states—typically depending on whether or not they are willing to accept functionalism about the mind. But we can avoid this debate. (...) I show how a more general view of action captures what is central to action without mentioning mental states, and I argue that a group’s members can fulfill the role in group action that mental states play in our actions. Group behavior is explicable in terms of reasons, regardless of whether the group itself cognizes those reasons. After discussing the kind of reasons at issue and arguing that groups can act in light of them without minds, I assess how this account bears on the question of group responsibility. (shrink)

It is commonly argued that the fact that our universe is fine-tuned for life favors both a design hypothesis as well as a non-teleological multiverse hypothesis. The claim that the fine-tuning of this universe supports a non-teleological multiverse hypothesis has been forcefully challenged however by Ian Hacking and Roger White. In this paper we take this challenge even further by arguing that if it succeeds, then not only does the fine-tuning of this universe fail to support a multiverse hypothesis, but (...) it tends to favor a single-universe hypothesis instead. (shrink)

ABSTRACTConventional wisdom holds that there is no lucky knowledge: if it is a matter of luck, in some relevant sense, that one's belief that p is true, then one does not know that p. Here I will argue that there is similarly no lucky understanding, at least in the case of one type of luck, namely environmental luck. This argument has three parts. First, we need to determine how we evaluate whether one has understanding, which requires determining what I will (...) call understanding's evaluative object. I argue that as the evaluative object of knowledge is a belief in a proposition, the evaluative object of understanding is a mental representation of a relational structure. Next, I show that arguments that environmental luck is incompatible with understanding miss the mark by considering cases in which one has a belief in a proposition is lucky to be true, instead of ones in which one's mental representation of a relational structure is lucky to obtain. I agree, then, with those who argue that one can have understanding when one's beliefs are environmentally lucky to be true, but that this compatibility is not relevant when considering the question of whether one can have environmentally lucky understanding. I then present what I take to be a properly constructed case which shows the incompatibility of environmental luck with understanding. (shrink)

My aesthetic judgements seem to make claims on you. While some popular accounts of aesthetic normativity say that the force of these claims is third-personal, I argue that it is actually second-personal. This point may sound like a bland technicality, but it points to a novel idea about what aesthetic judgements ultimately are and what they do. It suggests, in particular, that aesthetic judgements are motions in the collective legislation of the nature of aesthetic activity. This conception is recommended by (...) its ability to explain some important but otherwise recondite features of aesthetic practice and, more importantly, by allowing us to ground the normativity of aesthetic judgement in the familiar normativity of practice. It also offers a more systematic way of understanding the rivalry between the ideals of aesthetic universality and diversity. (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)

While social epistemologists have recently begun addressing questions about whether groups can possess beliefs or knowledge, little has yet been said about whether groups can properly be said to possess understanding. Here I want to make some progress on this question by considering two possible accounts of group understanding, modeled on accounts of group belief and knowledge: a deflationary account, according to which a group understands just in case most or all of its members understand, and an inflationary account, according (...) to which a group’s understanding does not depend solely on whether its members understand. I argue that both accounts face problems. The deflationary account has two such problems: aggregation problems that are familiar from discussions of group belief, and the problem of different bases, wherein members possess understanding for different but consistent reasons. The inflationary account faces what I call the problem of distributed grasping: while it is widely accepted that understanding requires a kind of “grasping”, it is hard to make sense of how this requirement could be met at the group level while not necessarily being met by any individual member. Despite its problems, I make a case for the inflationary account. This will require addressing the problem of distributed grasping: to do this, I propose a different way of thinking about the grasping relation at the group level, such that it is constituted by a dependency relationship between members. (shrink)

There is widespread consensus that present patterns of consumption could lead to the permanent impossibility of maintaining those patterns and, perhaps, the existence of the human race. While many patterns of consumption qualify as ‘sustainable’ there is one in particular that deserves greater attention: virtual consumption. We argue that virtual consumption — the experience of authentic consumptive experiences replicated by alternative means — has the potential to reduce the deleterious consequences of real consumption by redirecting some consumptive behavior from shifting (...) material states to shifting information states. (shrink)

Negligence is both an important concept and an ambiguous one. Here I concentrate upon the sense of creating an unjustifiable, low-probability risk of future harm. This essay attempts to dispel theprevalent view that only a maximizing, utilitarian approach can render intelligible certain features of negligence analysis—its focus on the marginal advantages and disadvantages of the actor's taking a specific precaution, its consideration and balancing of the short-term effects of different actions, and its sensitivity to a multiplicity of factors. Perhaps certain (...) absolutist deontological perspectives are inconsistent with these features; but other deontological perspectives can easily accommodate them. Careful examination of the concept of negligence helps resolve an important debate about the nature of tort law, supporting the view that fault, rather than corrective justice, is the better interpretation and justification of Anglo-American tort doctrine. (shrink)

Proponents of corporate moral responsibility take certain corporations to be capable of being responsible in ways that do not reduce to the responsibility of their members. If correct, one follow-up question concerns what leads corporations to fail to meet their obligations. We often fail morally when we know what we should do and yet fail to do it, perhaps out of incontinence, akrasia, or weakness of will. However, this kind of failure is much less discussed in the corporate case. And, (...) where it is discussed, the view is that corporations are less prone to weakness. Here, I argue that proponents of corporate responsibility should say that corporations can and often do instantiate weakness of the will, and that this is important to recognize. Weakness of the will requires certain capacities that these proponents typically take corporations to have. And once this is appreciated, we can assess how corporate weakness might proceed differently than how it does for individuals. We can also begin a conversation about how best to meet the distinctive challenges for recognizing and correcting corporate weakness, using a number of resources from management scholarship. (shrink)

This essay In this essay develops and defends the view that a “self “ is nothing but a creature that bears the property of selfhood, where bearing selfhood is, in turn, nothing but having the capacity to deploy self-representations. Self-representations, it is argued, are very special things. They are distinguished from other sorts of representations,not by what they represent – mysterious inner entities called selves, say -- but by how they represent what they represent. A self-representation represents nothing but a (...) living human animal but it does do in a special way. It follows that a "self" is not a thing that a living human animals has or contains within, but something a living human animal is. The view defended represents a principled middle ground between Cartesianism and Factionalism or Eliminativism about the self. (shrink)

Philosophers are divided over moral internalism, the claim that moral judgement entails some motivation to comply with that judgement. Against moral internalism, externalists defend the conceptual coherence of scenarios in which an individual makes genuine moral judgements but is entirely unmoved by them. This is amoralist skepticism and these scenarios can be called amoralist scenarios. While the coherence of amoralist scenarios is disputed, philosophers seem to agree that the coherence of amoralist scenarios is not affected by whether the amoralist is (...) described as having moral knowledge or mere belief. But recent experimental research challenges this assumption. When evaluating amoralist scenarios, people’s intuitions lean towards externalism when the amoralist is described as knowing that X is morally wrong, whereas people’s intuitions lean towards internalism when the amoralist is described as believing that X is morally wrong. Call this the factivity effect. In this paper, I argue that the factivity effect is unlikely to be explained as an experimental artifact and that as a consequence, the traditional dispute over moral internalism and amoralist skepticism may need a major overhaul. The results of three studies testing the factivity effect provide support for this thesis. Implications of these results for the traditional debate over moral internalism are discussed. (shrink)

An increasing number of writers (for example, Kim ((1992), (1999)), Bechtel and Mundale (1999), Keeley (2000), Bickle (2003), Polger (2004), and Shapiro ((2000), (2004))) have attacked the existence of multiple realization and wider views of the special sciences built upon it. We examine the two most important arguments against multiple realization and show that neither is successful. Furthermore, we also defend an alternative, positive view of the ontology, and methodology, of the special science. In contrast to the claims of recent (...) critics, we show that methodological connections between the neurosciences and psychology are plausibly often the result of multiple realization. (shrink)

I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.

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.

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)

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)

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)

Among the many ideas that go by the name of “enactivism” there is the idea that by “cognition” we should understand what is more commonly taken to be behavior. For clarity, label such forms of enactivism “enactivismb.” This terminology requires some care in evaluating enactivistb claims. There is a genuine risk of enactivist and non-enactivist cognitive scientists talking past one another. So, for example, when enactivistsb write that “cognition does not require representations” they are not necessarily denying what cognitivists claim (...) when they write that “cognition requires representations.” This paper will draw attention to instances of some of these unnecessary confusions. (shrink)

Proponents of the explanatory indispensability argument for mathematical platonism maintain that claims about mathematical entities play an essential explanatory role in some of our best scientific explanations. They infer that the existence of mathematical entities is supported by way of inference to the best explanation from empirical phenomena and therefore that there are the same sort of empirical grounds for believing in mathematical entities as there are for believing in concrete unobservables such as quarks. I object that this inference depends (...) on a false view of how abductive considerations mediate the transfer of empirical support. More specifically, I argue that even if inference to the best explanation is cogent, and claims about mathematical entities play an essential explanatory role in some of our best scientific explanations, it doesn’t follow that the empirical phenomena that license those explanations also provide empirical support for the claim that mathematical entities exist. (shrink)

Emergence is typically discussed in the context of mental properties or the properties of the natural sciences, and accounts of emergence within these contexts tend to look a certain way. The emergent property is taken to emerge instantaneously out of, or to be proximately caused by, complex interaction of colocated entities. Here, however, I focus on the properties instantiated by the elements of certain systems discussed in social ontology, such as being a five-dollar bill or a pawn-movement, and I suggest (...) that these properties emerge in a distinctive way. They emerge in part because of a system that is far beyond and typically before the object that instantiates them. I characterize how emergence occurs in these cases, juxtaposing it with how emergence is typically discussed. I then consider whether their emergence is best framed as weak or strong as these notions are characterized in the literature, and I reveal what debates are central to answering this question. Though I will not resolve these debates, I do show a collection of views that would vindicate these properties as strongly emergent and downwardly causing. (shrink)

This Open Access book provides both a broad perspective and a focused examination of cow care as a subject of widespread ethical concern in India, and increasingly in other parts of the world. In the face of what has persisted as a highly charged political issue over cow protection in India, intellectual space must be made to bring the wealth of Indian traditional ethical discourse to bear on the realities of current human-animal relationships, particularly those of humans with cows. Dharma, (...) yoga, and bhakti paradigms serve as starting points for bringing Hindu--particularly Vaishnava Hindu--animal ethics into conversation with contemporary Western animal ethics. The author argues that a culture of bhakti--the inclusive, empathetic practice of spirituality centered in Krishna as the beloved cowherd of Vraja--can complement recently developed ethics-of-care thinking to create a solid basis for sustaining all kinds of cow care communities. (shrink)

Gauthier’s contractarianism begins with an idea of a rational deliberator but ‘finds no basis for postulating a moral need for the justification of one’s actions to others. The role of agreement is to address each person’s demand that the constraints of society be justified to him, not a concern that he justify himself to his fellows’ (Gauther 1997, 134–5). He contrasts his view with Scanlon’s contractualism, according to which agreement with others is the core of morality and each agent has (...) the burden of justifying his or her actions to others. Both of their views count as ‘constructivist’ because they reject moral realism and hold that normativity is a function of what we do, either individually or collectively. Kant’s Rechtslehre is neutral regarding moral realism and yet constructivist about moral norms. However, the relevant acts basic to Gauthier’s and Scanlon’s views concern voluntary agreements we make. Using agreement to establish basic norms faces some serious difficulties. Kant’s Rechtslehre avoids these problems by showing how basic social norms can be identified and justified independently of voluntary agreement. Moreover, it does so in a way that shows that an individual’s justification of his or her acts to others and the justification of the acts of others to any individual are inseparable aspects of one and the same justificatory reasons in which voluntary agreement plays no role. (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)

Goethe once wisely remarked, in conversation with J.P. Eckermann (1825), “[a] great deal may be done by severity, more by love, but most by clear discernment and impartial justice.” Grayling’s new contribution to the popularization of philosophy, in this respect with regard to ethics, has achieved much by way of lowering to the rank and file, the wisdom of philosophical reflections in this moving, straightforward and lucidly argumentative book. However, much space in the severity and passion of the text leaves (...) ample room for improvement, better yet, enhancement, not so much by approaching his subjects with love as by treating the topics with impartiality. (shrink)

Whereas many philosophers take backwards causation to be impossible, the few who maintain its possibility either take it to be absent from the actual world or else confined to theoretical physics. Here, however, I argue that backwards causation is not only actual, but common, though occurring in the context of our social institutions. After juxtaposing my cases with a few others in the literature and arguing that we should take seriously the reality of causal cases in these contexts, I consider (...) several objections. These objections involve whether the cases should be reinterpreted, whether they are properly within the institution, whether they involve necessitation or else Cambridge changes, whether and how they involve changing the past, and whether this should call us to question institutional reality. I end by suggesting that it is a virtue of our institutions that they allow backwards causation, that this is a kind of technology that they are often built to incorporate. (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 collection of original essays aims to reinvigorate the debate surrounding philosophical realism in relation to philosophy of science, pragmatism, epistemology, and theory of perception. Questions concerning realism are as current and as ancient as philosophy itself; this volume explores relations between different positions designated as ‘realism’ by examining specific cases in point, drawn from a broad range of systematic problems and historical views, from ancient Greek philosophy through the present. The first section examines the context of the project; contributions (...) systematically engage the historical background of philosophical realism, re-examining key works of Aristotle, Descartes, Quine, and others. The following two sections epitomize the central tension within current debates: scientific realism and pragmatism. These contributions address contemporary questions of scientific realism and the reality of the objects of science, and consider whether, how or the extent to which realism and pragmatism are compatible. With an editorial introduction by Kenneth R. Westphal, these fourteen original essays provide wide-ranging, salient insights into the status of realism today. (shrink)

Skeptical theists have been charged with being committed to global skepticism. I consider this objection as it applies to a common variety of skeptical theism based on an epistemological principle that Stephen Wykstra labeled “CORNEA.” I show how a recent reformulation of CORNEA (provided by Stephen Wykstra and Timothy Perrine) affords us with a formal apparatus that allows us to see just where this objection gets a grip on that view, as well as what is needed for an adequate response. (...) I conclude by arguing that, given some plausible, modest, and independently motivated anti-skeptical principles, this objection poses no threat to Wykstra’s brand of skeptical theism. (shrink)