This article analyses proportionality as a potential element of a theory of morally justified surveillance, and sets out a teleological account. It draws on conceptions in criminal justice ethics and just war theory, defines teleological proportionality in the context of surveillance, and sketches some of the central values likely to go into the consideration. It then explores some of the ways in which deontologists might want to modify the account and illustrates the difficulties of doing so. Having set out the (...) account, however, it considers whether the proportionality condition is necessary to a theory of morally justified surveillance. The article concludes that we need and should apply only a necessity condition, but notes that proportionality considerations may retain some use in in practice, as a form of coarse‐grained filter applied before assessing necessity when deliberating the permissibility of potential forms of surveillance. (shrink)

In this article I critically examine a standard feature in conceptions of discrimination: the group-criterion, specifically the idea that there is a limited and definablegroup of traits that can form the basis of discrimination. I review two types of argument for the criterion. One focuses on inherently relevant groups and relies ultimately on luck-egalitarian principles; the other focuses on contextually relevant groups and relies ultimately on the badness of outcomes. I conclude that as neither type of argument is convincing, the (...) criterion is morally arbitrary, and as such untenable. Finally, I suggest both some of the conceptual and some of the practical implications of abandoning the criterion. (shrink)

Automated decision making for sentencing is the use of a software algorithm to analyse a convicted offender’s case and deliver a sentence. This chapter reviews the moral arguments for and against employing automated decision making for sentencing and finds that its use is in principle morally permissible. Specifically, it argues that well-designed automated decision making for sentencing will better approximate the just sentence than human sentencers. Moreover, it dismisses common concerns about transparency, privacy and bias as unpersuasive or inapplicable. The (...) chapter also notes that moral disagreement about theories of just sentencing are plausibly resolved by applying the principle of maximising expected moral choiceworthiness, and that automated decision making is better suited to the resulting ensemble model. Finally, the chapter considers the challenge posed by penal populism. The dispiriting conclusion is that although it is in theory morally desirable to use automated decision-making for criminal sentencing, it may well be the case that we ought not to try. (shrink)

How much surveillance is morally permissible in the pursuit of a socially desirable goal? The proportionality question has received renewed attention during the 2020 Coronavirus pandemic, because governments in many countries have responded to the pandemic by implementing, redirecting or expanding state surveillance, most controversially in the shape of collection and use of cell-phone location data to support a strategy of contact tracing, testing and containment. Behind the proportionality question lies a further question: in what way does a state of (...) emergency affect the proportionality of morally permissible surveillance? On the qualitative difference view, a state of emergency has the effect of suspending or altering at least some of the constraints on morally permissible action that apply under ordinary circumstances. On the quantitative difference view, the only difference between states of emergency and ordinary circumstances is that the stakes are greater in a state of emergency. If the qualitative difference view is true, then there are situations, perhaps such as the current Coronavirus pandemic, during which the proportionality condition employs a much less demanding ratio between social goods achieved and the badness of the surveillance performed. The overall objective of this article is to argue against the qualitative and for the quantitative difference view. I proceed by first setting out in somewhat greater detail how we must understand the qualitative difference view (section two). I then present a series of problematic implications of adopting the qualitative difference view and argue that jointly these give us sufficient reason to reject it (section three). This entails that our account of morally permissible surveillance should be unexceptional, i.e. the quantitative difference view: there is no morally significant difference between proportionality in ordinary circumstances and proportionality in emergencies, simply a spectrum of smaller to greater potential goods and bads of surveillance. In order to flesh out the implications of the quantitative view, I briefly sketch an unexceptional theory of proportional surveillance in exceptional circumstances (section four). The last section (five) summarises and concludes. (shrink)

This article analyses the moral status of racial profiling from a consequentialist perspective and argues that, contrary to what proponents of racial profiling might assume, there is a prima facie case against racial profiling on consequentialist grounds. To do so it establishes general definitions of police practices and profiling, sketches out the costs and benefits involved in racial profiling in particular and presents three challenges. The foundation challenge suggests that the shifting of burdens onto marginalized minorities may, even when profiling (...) itself is justified, serve to prolong unjustified police practices. The valuation challenge argues that although both costs and benefits are difficult to establish, the benefits of racial profiling are afflicted with greater uncertainty than the costs, and must be comparatively discounted. Finally, the application challenge argues that using racial profiling in practice will be complicated by both cognitive and psychological biases, which together reduce the effectiveness of profiling while still incurring its costs. Jointly, it is concluded, these challenges establish a prima facie case against racial profiling, so that the real challenge consists in helping officers practice the art of the police and not see that which it is useless that they should see. (shrink)

Algorithmic discrimination has rapidly become a topic of intense public and academic interest. This article explores three issues raised by algorithmic discrimination: 1) the distinction between direct and indirect discrimination, 2) the notion of disadvantageous treatment, and 3) the moral badness of discriminatory automated decision-making. It argues that some conventional distinctions between direct and indirect discrimination appear not to apply to algorithmic discrimination, that algorithmic discrimination may often be discrimination between groups, as opposed to against groups, and that it is (...) not necessarily the case that morally bad algorithmic discrimination gives us reason to not use automated decision-making. For each of the three issues, the article explores implications for algorithmic discrimination, suggests some alternative answers, and clarifies how we may want to think of discrimination more broadly in light of lessons drawn from the context of algorithmic discrimination. (shrink)

Over the past decade, scholars, institutions, and activists have voiced strong concerns about the potential of automated decision systems to indirectly discriminate against vulnerable groups. This article analyses the ethics of algorithmic indirect discrimination, and argues that we can explain what is morally bad about such discrimination by reference to the fact that it causes harm. The article first sketches certain elements of the technical and conceptual background, including definitions of direct and indirect algorithmic differential treatment. It next introduces three (...) prominent accounts of fairness as potential explanations if the badness of algorithmic indirect discrimination, but argues that all three are vulnerable to powerful levelling-down-style objections. Instead, the article demonstrates how proper attention to the way differences in decision-scenarios affect the distribution of harms can help us account for intuitions in prominent cases. Finally, the article considers a potential objection based on the fact that certain forms of algorithmic indirect discrimination appear to distribute rather than cause harm, and notes that we can explain how such distributions cause harm by attending to differences in individual and group vulnerability. (shrink)

The study of animal cognition raises profound questions about the minds of animals and philosophy of mind itself. Aristotle argued that humans are the only animal to laugh, but in recent experiments rats have also been shown to laugh. In other experiments, dogs have been shown to respond appropriately to over two hundred words in human language. In this introduction to the philosophy of animal minds Kristin Andrews introduces and assesses the essential topics, problems and debates as they cut across (...) animal cognition and philosophy of mind. She addresses the following key topics: what is cognition, and what is it to have a mind? What questions should we ask to determine whether behaviour has a cognitive basis? the science of animal minds explained: ethology, behaviourist psychology, and cognitive ethology rationality in animals animal consciousness: what does research into pain and the emotions reveal? What can empirical evidence about animal behaviour tell us about philosophical theories of consciousness? does animal cognition involve belief and concepts; do animals have a ‘Language of Thought’? animal communication other minds: do animals attribute ‘mindedness’ to other creatures? moral reasoning and ethical behaviour in animals animal cognition and memory. Extensive use of empirical examples and case studies is made throughout the book. These include Cheney and Seyfarth’s ververt monkey research, Thorndike’s cat puzzle boxes, Jensen’s research into humans and chimpanzees and the ultimatum game, Pankseep and Burgdorf’s research on rat laughter, and Clayton and Emery’s research on memory in scrub-jays. Additional features such as chapter summaries, annotated further reading and a glossary make this an indispensable introduction to those teaching philosophy of mind, animal cognition. It will also be an excellent resource for those in fields such as ethology, biology and psychology. (shrink)

We describe a prototype ontology-driven information system (ODIS) that exploits what we call Portion of Reality (POR) representations. The system takes both sensor data and natural language text as inputs and composes on this basis logically structured POR assertions. The goal of our prototype is to represent both natural language and sensor data within a single framework that is able to support both axiomatic reasoning and computation. In addition, the framework should be capable of discovering and representing new kinds of (...) situations and thematic roles, (e.g., roles such as agent, patient and instrument), based on new compositions of existing representations. We applied our prototype in an intelligence analysis use case to test the hypothesis that a framework of this sort can produce usefully structured information from combined natural language and sensor data inputs. We further tested our hypothesis by adding an enhanced US Air Force ontology framework to our ODIS in order to (1) process a collection of sensor data, intel reports, and mission plans; (2) build composite POR representations from these data; and (3) machine analyze the fused results to infer mission threats. (shrink)

The article analyses the concept of indirect discrimination, arguing first that existing conceptualisations are unsatisfactory and second that it is best understood as equal treatment that is disadvantageous to the discriminatees because of their group-membership. I explore four ways of further refining the definition, arguing that only an added condition of moral wrongness is at once plausible and helpful, but that it entails a number of new problems that may outweigh its benefits. Finally, I suggest that the moral wrongness of (...) indirect discrimination is best accounted for in terms of the harm it does to discriminatees, and sketch three ways in which it may do so. I conclude that the analysis provides both a clearer understanding of the concept of indirect discrimination as well as indirect support for a harm-based account of the wrongness of discrimination, while suggesting that our moral obligations qua non-discrimination may be more extensive than is frequently assumed. (shrink)

Criminalisation of prostitution, and minority rights for disabled persons, are important contemporary political issues. The article examines their intersection by analysing the conditions and arguments for making a legal exception for disabled persons to a general prohibition against purchasing sexual services. It explores the badness of prostitution, focusing on and discussing the argument that prostitution harms prostitutes, considers forms of regulation and the arguments for and against with emphasis on a liberty-based objection to prohibition, and finally presents and analyses three (...) arguments for a legal exception, based on sexual rights, beneficence, and luck egalitarianism, respectively. It concludes that although the general case for and against criminalisation is complicated there is a good case for a legal exception. (shrink)

Andrews argues for a pluralistic folk psychology that employs different kinds of practices and different kinds of cognitive tools (including personality trait attribution, stereotype activation, inductive reasoning about past behavior, and ...

Since the middle of the 20th century, philosophers and legal scholars have debated the precise definition of punishment. This chapter surveys the debate, identifies six potential conditions of punishment, and critically reviews each of them: 1) the response condition, which holds that punishment must be in response to wrongdoing, 2) the culpability condition, which holds that punishment must be of a person morally responsible for wrongdoing, 3) the authority condition, which holds that punishment must be imposed by a relevant authority, (...) 4) the hard treatment condition, which holds that punishment must impose hard consequences on the punishee, 5) the intentionality condition, which holds that punishment must be intentional, and 6) the censure condition, which holds that punishment must communicate disapproval. The article argues that it is often unclear that there is a version of the condition that provides optimal lexical fit. It discusses the implications of this analysis, and concludes that there may be less reason to worry about the lack of an authoritative definition than has sometimes been assumed, but that definitional clarity remains an objective worth pursuing. (shrink)

Despite the attention equality before the law has received, both laudatory and critical, peculiarly little has been done to precisely define it. The first ambition of this paper is to remedy this, by exploring the various ways in which a principle of equality before the law can be understood and suggest a concise definition. With a clearer understanding of the principle in hand we are better equipped to assess traditional critique of the principle. Doing so is the second ambition of (...) this paper. I will argue that traditional criticisms are unpersuasive, but that there is a different, powerful argument against equality before the law. The third ambition of the paper is to argue that there is a sense, overlooked by both proponents and critics, in which the principle still captures something important, albeit at the cost of shifting from intrinsic to instrumental value. (shrink)

*As mentioned in Peter Coy's NYT essay "When Being Good Is Just a Matter of Being Lucky" (2023) -/- ----- -/- How is the problem of free will related to the problem of moral luck? In this essay, I answer that question and outline a new solution to the paradox of moral luck, the source-paradox solution. This solution both explains why the paradox arises and why moral luck does not exist. To make my case, I highlight a few key connections (...) between the paradox of moral luck and two related problems, namely the problem of free will and determinism and the paradox of self-creation. Piecing together intuitions, arguments, and insights from recent work on each of these three problems, I argue that the type of control necessary for moral responsibility can only be had by someone who is a genuine source of his own actions, but the relevant notion of sourcehood admits no coherent characterization. If our commonsense view of moral responsibility is incoherent, it is unsurprising that our commitment to the existence of morally responsible agents commits us to some paradoxical things—e.g. to both the existence and impossibility of moral luck. For more information about this article, please write to gmail account: kristin.mickelson.42. (shrink)

The concept of surveillance has recently been complemented by the concept of sousveillance. Neither term, however, has been rigorously defined, and it is particularly unclear how to understand and delimit sousveillance. This article sketches a generic definition of surveillance and proceeds to explore various ways in which we might define sousveillance, including power differentials, surreptitiousness, control, reciprocity, and moral valence. It argues that for each of these ways of defining it, sousveillance either fails to be distinct from surveillance or to (...) provide a generally useful concept. As such, the article concludes that academics should avoid the neologism, and simply clarify what sense of surveillance is at stake when necessary. (shrink)

The article explores one prominent account of what makes discrimination morally bad (when it is) – the disrespect-based account. The article first reviews and clarifies the account, arguing that it is most charitably understood as the claim that discrimination is morally bad when the discriminator gives lower weight to reasons grounded in the moral status of the discriminatee(s) in her decision-making. It then presents three challenges to the account, and reviews a recent argument in defense of it. The first challenge (...) is the fact that intuitions that might support the disrespect-based account can also be explained by reference to the fact that disrespect reflects poorly on the moral character of the discriminator. The second challenge is that there are cases where disrespectful discrimination is not intuitively worse than non-disrespectful discrimination. The third challenge is that the disrespect-based account has difficulties explaining our intuitions about cases of “doing right for the wrong reasons”. Finally, pace a recent argument in its defense, cases of harmless and apparently morally bad discrimination are plausibly best explained by other factors than disrespect. In the light of this analysis, the article concludes that the disrespect-based account should be abandoned. (shrink)

Over the past decade, police departments in many countries have experimented with and increasingly adopted the use of police body-worn cameras. This article aims to examine the moral issues raised by the use of PBWCs, and to provide an overall assessment of the conditions under which the use of PBWCs is morally permissible. It first reviews the current evidence for the effects of using PBWCs. On the basis of this review the article sets out a teleological argument for the use (...) of PBWCs. The final two sections of the article review two deontological objections to the use of PBWCs: the idea that use of PBWCs is based on or expresses disrespectful mistrust, and the idea that the use of PBWCs violates a right to privacy. The article argues that neither of these objections is persuasive, and concludes that we should conditionally accept and support the use of PBWCs. (shrink)

Comparative psychology, the multidisciplinary study of animal behavior and psychology, confronts the challenge of how to study animals we find cute and easy to anthropomorphize, and animals we find odd and easy to objectify, without letting these biases negatively impact the science. In this Element, Kristin Andrews identifies and critically examines the principles of comparative psychology and shows how they can introduce other biases by objectifying animal subjects and encouraging scientists to remain detached. Andrews outlines the scientific benefits of treating (...) animals as sentient research participants who come from their own social contexts and with whom we will be in relationship. With discussions of science's quest for objectivity, worries about romantic and killjoy theories, and debates about chimpanzee cognition between primatologists who work in the field and those in the lab, Andrews shows how scientists can address the different biases through greater integration of the subdisciplines of comparative psychology. (shrink)

Maintaining systems of military plans is critical for military effectiveness, but is also challenging. Plans will become obsolete as the world diverges from the assumptions on which they rest. If too many ad hoc changes are made to intermeshed plans, the ensemble may no longer lead to well-synchronized and coordinated operations, resulting in the system of plans becoming itself incoherent. We describe in what follows an Adaptive Planning process that we are developing on behalf of the Air Force Research Laboratory (...) (Rome) with the goal of addressing problems of these sorts through cyclical collaborative plan review and maintenance. The interactions of world state, blue force status and associated plans are too complex for manual adaptive processes, and computer-aided plan review and maintenance is thus indispensable. We argue that appropriate semantic technology can 1) provide richer representation of plan-related data and semantics, 2) allow for flexible, non-disruptive, agile, scalable, and coordinated changes in plans, and 3) support more intelligent analytical querying of plan-related data. (shrink)

This introduction to the topical collection, Folk Psychology: Pluralistic Approaches reviews the origins and basic theoretical tenets of the framework of pluralistic folk psychology. It places special emphasis on pluralism about the variety folk psychological strategies that underlie behavioral prediction and explanation beyond belief-desire attribution, and on the diverse range of social goals that folk psychological reasoning supports beyond prediction and explanation. Pluralism is not presented as a single theory or model of social cognition, but rather as a big-tent research (...) program encompassing both revisionary and more traditionally inspired approaches to folk psychology. After reviewing the origins of pluralistic folk psychology, the papers in the current issue are introduced. These papers fall into three thematic clusters: Folk-psychological strategies beyond propositional attitude attribution ; Enculturation and regulative folk psychology ; and Defenses of pluralism. (shrink)

In this essay, I suggest that Spinoza acknowledges a distinction between formal reality that is infinite and timelessly eternal and formal reality that is non-infinite (i. e., finite or indefinite) and non-eternal (i. e., enduring). I also argue that if, in Spinoza’s system, only intelligible causation is genuine causation, then infinite, timelessly eternal formal reality cannot cause non-infinite, non-eternal formal reality. A denial of eternal-durational causation generates a puzzle, however: if no enduring thing – not even the sempiternal, indefinite individual (...) composed of all finite, enduring things – is caused by the infinite, eternal substance, then how can Spinoza consistently hold that the one infinite, eternal substance is the cause of all things and that all things are modes of that substance? At the end of this essay, I sketch how Spinoza could deny eternal-durational causation while still holding that an infinite, eternal God is the cause of all things and that all things are modes. I develop the interpretation more in the companion essay.1 1 In “Spinoza’s Monism II,” in the next issue of this journal. (shrink)

Birch sketches out an ingenious account of how the psychology of social norms emerged from individual-level norms of skill. We suggest that these individual-level norms of skill are likely to be much more widespread than Birch suggests, extending deeper into the hominid lineage, across modern great ape species, all the way to distantly related creatures like honeybees. This suggests that there would have been multiple opportunities for social norms to emerge from skill norms in human prehistory.

The article analyses the necessary conditions an argument for popular punishment would need to meet, and argues that it faces the challenge of a dilemma of reasonableness: either popular views on punishment are unreasonable, in which case they should carry no weight, or they are reasonable, in which case the reasons that support them, not the views, should carry weight. It proceeds to present and critically discuss three potential solutions to the dilemma, arguing that only an argument for the beneficial (...) effects of coherence between popular views and penal policy is persuasive, but that it makes popular punishment less important than proponents claim, and offers a justification proponents will find it difficult to advance. (shrink)

An old question in Spinoza scholarship is how finite, non-eternal things transitively caused by other finite, non-eternal things (i. e., the entities described in propositions like E1p28) are caused by the infinite, eternal substance, given that what follows either directly or indirectly from the divine nature is infinite and eternal (E1p21–23). In “Spinoza’s Monism I,” “Spinoza’s Monism I,” in the previous issue of this journal. I pointed out that most commentators answer this question by invoking entities that are indefinite and (...) sempiternal, but argued that perhaps we should not be so quick to assume that in Spinoza’s system, an infinite and eternal substance could cause such indefinite, sempiternal entities. But if such eternal-durational causation is denied, then it seems harder to see how Spinoza’s system could be coherent: if Spinoza holds that the infinite, eternal substance cannot cause anything that is not infinite and not eternal, then how can he also hold that all things are modes immanently caused by substance (E1p15, E1p18, E1p25)? In this essay, I explain how Spinoza’s system could be understood in light of a denial of eternal-durational causation. On the interpretation I offer, God is the cause of all things and all things are modes because the essences of all things follow from the divine nature and all essences enjoy infinite, eternal reality as modes immanently caused by the infinite, eternal substance. The same non-substantial essences can also be conceived as enjoying non-infinite, non-eternal reality, but so conceived, they are enduring, finite (or sempiternal, indefinite) entities that cannot be conceived as modes caused by and inhering in the one infinite, eternal substance. I conclude by pointing out that if we take this interpretive route, we do have to understand Spinoza as committed to acosmism, or a denial of the reality of the world – at least the world of enduring, finite things. (shrink)

The Ouroboros Model features a biologically inspired cognitive architecture. At its core lies a self-referential recursive process with alternating phases of data acquisition and evaluation. Memory entries are organized in schemata. The activation at a time of part of a schema biases the whole structure and, in particular, missing features, thus triggering expectations. An iterative recursive monitor process termed "consumption analysis" is then checking how well such expectations fit with successive activations. Mismatches between anticipations based on previous experience and actual (...) current data are highlighted and used for controlling the allocation of attention. In case no directly fitting filler for an open slot is found, activation spreads more widely and includes data relating to the actor, and Higher-Order Personality Activation, HOPA, ensues. It is briefly outlined how the Ouroboros Model produces many diverse characteristics and thus addresses established criteria for consciousness. Coarse-grained relationships to selected previous conceptualizations of consciousness and a sketch of how the Ouroboros Model could shed light on current research themes in artificial general intelligence and consciousness conclude this paper. (shrink)

My two principal aims in this essay are interconnected. One aim is to provide a new interpretation of the ‘infinite modes’ in Spinoza’s Ethics. I argue that for Spinoza, God, conceived as the one infinite and eternal substance, is not to be understood as causing two kinds of modes, some infinite and eternal and the rest finite and non-eternal. That there cannot be such a bifurcation of divine effects is what I take the ‘infinite mode’ propositions, E1p21–23, to establish; E1p21–23 (...) show that each and every one of the immanent effects of an infinite and eternal God is an infinite and eternal mode. The other aim is to show that these propositions can be understood as part of an extended critical response to Descartes’s infamous doctrine that God creates eternal truths and true and immutable natures. If we have the correct (Spinozan) conceptions of what God is and how God works, we see that an eternal and infinite God can only be understood to cause ‘eternal truths,’ and that these eternal truths are infinite and eternal modes of God. (shrink)

In the context of animal cognitive research, anthropomorphism is defined as the attribution of uniquely human mental characteristics to animals. Those who worry about anthropomorphism in research, however, are immediately confronted with the question of which properties are uniquely human. One might think that researchers must first hypothesize the existence of a feature in an animal before they can, with warrant, claim that the property is uniquely human. But all too often, this isn't the approach. Rather, there is an a (...) priori argument against attributing some properties to animals. Which features are thought to be uniquely human on a priori grounds? The class can be quite large, including psychological states such as beliefs and desires, personality traits such as confidence or timidity, emotions such as happiness or anger, social organizational properties such as culture or friendship, moral behavior such as punishment or rape. For convenience, I will refer to the members of the class as "psychological properties". One critic includes feeling, purpose, intentionality, consciousness, and even cognition in his list of psychological properties that are incorrectly attributed to animals (Kennedy 1992). Among the critics, there is quite a bit of disagreement about what counts as an anthropomorphic attribution, and this alone should raise questions about the charge. We can identify two different questions about the practice of attributing psychological properties to animals within a scientific context. First we can ask whether it is scientifically respectable to examine questions about the mental, psychological, cultural, etc. states of animals. Those who bemoan anthropomorphism think that we ought not even ask such questions. I will look at the worries about asking the question, and argue that there is no special problem with it. The second question arises with an affirmative answer to the first. Given that it is scientifically respectable to examine whether an animal has a psychological property, there must be some scientifically respectable method for doing the examination.. (shrink)

In “The Zygote Argument is Invalid: Now What?” (2015), Kristin Mickelson published an objection to the Zygote Argument that she first presented in 2012 as workshop comments on a draft of Mele's "Manipulation, Moral Responsibility, and Bullet-Biting" (2013). Assuming that the phrase "determinism precludes free will" means something like determinism-related causal factors are what prevent people from acting freely when determinism is true, Mele's original Zygote Argument was invalid. At the workshop, Mickelson presented Mele with two options to address the (...) problem, a premise-preserving option and a conclusion-preserving option. That is, Mele could change the conclusion of the original argument to the negative, non-explanatory thesis entailed by its original two premises, or find a way to add premises that would support the positive, explanatory conclusion of the original argument (which, notably, is the conclusion that Pereboom supports using best-explanation reasoning in his Four-Case Argument). Mickelson used this as an opportunity to explain the key contribution that best-explanation reasoning makes to manipulation arguments -- and why the best variant of the manipulation argument might conclude that incompatibilism is FALSE. In response to Mickelson's objection, Mele changed the conclusion of the argument before "Manipulation, Moral Responsibility, and Bullet-Biting" went to print, choosing Mickelson's proposal to change its conclusion over the suggestion to change its premises. However, Mele failed to mention Mickelson's invalidity objection in print and that he changed the conclusion of his argument as a direct response to it; nor did Mele mention the costs that Mickelson outlined for the premise-preserving solution that he adopted or the benefits of a conclusion-preserving solution. At the same time, Mele began using the term 'incompatibilism' to pick out the negative, non-explanatory claim supported by the newly revised Zygote Argument--and also started to claim (without providing evidence) that those who use the term 'incompatibilism' to denote the explanatory claim deterministic causal factors *make it the case* that no one acts freely when determinism is true" is guilty of using the term in a nonstandard and nontraditional way that he had "never had any use for"--failing to mention that he clearly used the term in this explanatory sense in his 2005 critique of the Four-Case Argument, which is to be expected give that Derk Pereboom uses the explanatory definition (as do Kadri Vihvelin, Carolina Sartorio, and *most* other contributors to the free-will literature). In THIS reply essay, Mickelson responds to an attempt by Gabriel De Marco (FSU, advisor Alfred Mele) to defend the original Zygote Argument from Mickelson's 2012/2015 critique. Unfortunately, both of De Marco's proposed "solutions" are non-starters. The first is a non-starter because De Marco merely repeats the premise-preserving solution that Mickelson offered to Mele in 2012 and that Mele adopted in print in 2013. In other words, De Marco took credit for the premise-preserving solution to the invalidity objection that Mickelson developed (although he does *redescribe* Mickelson's solution in his own idiosyncratic jargon) and Mele had already adopted in print. De Marco's second solution is a non-starter because it is constituted by a patently invalid argument. Contrary to De Marco's proposal, it's not true that the conjunction of possibilism and incompossibilism deductively entails the positive, diagnostic claim that deterministic causal factors beyond one's control preclude (destroy, undermine, is antagonistically relevant to) free will when determinism is true. *My thanks to the editors of Philosophia for publishing this reply when PhilStudies would not. (shrink)

Insufficient vaccination coverage is an important public health problem in many countries, since it leads to the loss of herd protection and the resurgence of previously exterminated diseases. However, policies of mandatory childhood vaccination capable of raising vaccination rates continue to be controversial. In this article I review the arguments for mandatory childhood vaccination, setting out the strongest teleological argument in favour, and then critically examining the two strongest potential objections: paternalism and the parental prerogative. I argue that the challenge (...) of paternalism fails because it confuses the identities of those subject to restricted liberty and those who autonomously dissent, and because non-vaccination imposes risks on others. I argue that the challenge of a parental prerogative fails because it cannot be intuitively or theoretically supported in a form that would make it permissible to impose risks on others. I conclude that in lieu of further and more plausible objections at least some policies of mandatory childhood vaccination are morally permissible. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

This paper is based on the comments I gave to Alfred Mele regarding his original Zygote Argument during my presentation at a small workshop on manipulation arguments in Budapest back in 2012. After those comments, Mele changed the conclusion of his original Zygote Argument (OZA) from a positive, explanatory conclusion to a negative, non-explanatory conclusion--and, correspondingly, redefined 'incompatibilism' so that it would no longer refer in his work to the view that determinism precludes (undermines, eliminates, destroys, etc.) free will, but (...) refers narrowly to the perhaps spurious association claim that appears in the conclusion of the revised Zygote Argument (Mele 2013+). Yet, over the last decade, Mele has made no comment in print about the changes he made, the invalidity objection that led to them, nor to the fact that his revised Zygote Argument was originally presented by me as a (non-optimal) reaction to my invalidity objection to his original Zygote Argument. To my knowledge, Mele has only mentioned this 2015 paper once, at it was not in the context of understanding manipulation arguments; it was, rather, in the context of defending his revised, non-explanatory definition of 'incompatibilism' at the opening of Aspects of Agency (p. 6, n. 4). There, Mele singles out *just this 2015 paper* as a place where they'll find what Mele degrades as a type of nonstandard/nontraditional definition of 'incompatibilism' that he rejects. This is notable because Mele provides no empirical evidence that his preferred definition is standard, and most (including Lehrer, who coined the term) reject the negative, non-explanatory, association-based definition that Mele came to endorse in the aftermath of my invalidity objection to OZA. So, if Mele had a genuine concern about philosophers who use the term 'incompatibilism', then Mele could have--and should have--named almost any leading figure in free will for this purpose (since most--including Pereboom, Vihvelin, Haji, etc.) reject the non-explanatory definition that Mele-2013+ now endorses. Yet, for untold reasons, Mele isolated the working definition of 'incompatibilism' used in one paper by one unemployed junior researcher to use as his example--even though Neil Levy had used this same definition in previously published work (eg. Levy 2011). Moreover, if Mele were genuinely interested in helping his readers understand the ambiguity of terms like 'compatibilism' and 'incompatibilism' it is a mystery that he referenced a paper in which nothing of substance hung on the definitions given to these terms -- especially considering that he might have instead pointed them to my OTHER 2015 paper, "A Critique of Vihvelin's Three-Fold Classification" in which the MAIN AIM of the paper is to expose the difficulties facing anyone who wants to define the terms 'compatibilism' and 'incompatibilism' in a way that everyone will accept (including a critique of the negative, non-explanatory "incompossibilist" definition that Mele adopted after my objection to OZA). By all appearances, Mele's main aim in citing specifically THIS paper and none of my other work was to give readers the false impression that my working definition of 'incompatibilism' played some role in my charge that his argument is invalid (which it doesn't, given that the term doesn't appear in either the premises or conclusion of that argument). Mele adds to this unseemly rhetorical campaign in his book *Manipulation Agents* where he mentions an invalidity objection in the intro (p. 84) and then discusses that objection in the final lines of Chapter 5 of the book (p. 120-121). The invalidity objection discussed here is completely pedantic, has never been seriously raised in the primary literature (and was previously addressed in multiple places my multiple philosophers, including me), and has nothing whatever to do with my invalidity objection. In other words, Mele was content to discuss an invalidity objection that no one has ever had to an argument that is clearly valid while completely ignoring the ONLY substantive invalidity objection to his argument in print. This is unfortunate, because it has led to serious confusion --including the patently false description of my invalidity objection to OZA as an objection to the revised version of the Zygote Argument that Mele adopted in *response* my objection (e.g., Capes mistakenly claims "Mickelson (2015) contends that arguments like this [i.e. like the revised Zygote Argument] are invalid. But that’s because she defines “incompatibilism” differently than I’ve defined it here" in his "Manipulation Arguments and Direct Arguments" chapter in the 2023 Wiley-Blackwell Companion to Free Will; I did not say this, and the definition of 'incompatibilism' is irrelevant to my objection). In "The Zygote Argument Is Invalid--Now What?", I simply use the invalidity of the simple 2-premise Zygote Argument as a foil to make a series of more philosophically significant points (e.g. regarding the dialectical structure of the free-will debate, the role of best-explanation reasoning, and to develop the first-ever "master manipulation argument"). Mele has yet to address my reasons for calling attention to the non-trivial invalidity of his OZA or to any of my answers to the "Now What?" question in this paper, even though this question and my proposed answers to this question are the paper's main point. For those interested in a more recent discussion of how the logical and metaphilosophical observations made in this "Now What?" paper have helped to move the free-will debate forward, I suggest looking at the discussions of the "paradigm shift" in the free-will debate that helps to explain why the free-will debate has become mired in stalemates and empty verbal disputes that are found, for example, in my contributions to the Wiley-Blackwell Companion to Free Will (Intro and Chapter 4, 2023) and my paper "Free Will, Self-Creation, and the Paradox of Moral Luck" (2019). (shrink)

The view that folk psychology is primarily mindreading beliefs and desires has come under challenge in recent years. I have argued that we also understand others in terms of individual properties such as personality traits and generalizations from past behavior, and in terms of group properties such as stereotypes and social norms (Andrews 2012). Others have also argued that propositional attitude attribution isn’t necessary for predicting others’ behavior, because this can be done in terms of taking Dennett’s Intentional Stance (Zawidzki (...) 2013), appealing to social structures (Maibom 2007), shared norms (McGeer 2007) or via solution based heuristics for reaching equilibrium between social partners (Morton 2003). But it isn’t only prediction that can be done without thinking about what others think; we can explain and understand people in terms of their personality traits, habitual behaviors, and social practices as well. The decentering of propositional attitude attributions goes hand in hand with a move away from taking folk psychology to be primarily a predictive device. While experiments examining folk psychological abilities in children, infants, and other species still rest on asking subjects to predict behavior, theoretical investigations as to the evolutionary function of folk psychology have stressed the role of explanation (Andrews 2012) and regulative functions (McGeer 2007, Zawidzki 2013, Fenici 2011). In this paper I argue that an explanatory role for folk psychology is also a regulative role, and that language is not required for these regulative functions. I will start by drawing out the relationship between prediction, explanation, and regulation of behavior according to both mindreading approaches to folk psychology and the pluralistic account I defend. I will argue that social cognition does not take the form of causal reasoning so much as it does normative reasoning, and will introduce the folk psychological spiral. Then I will examine the cognitive resources necessary for participating in the folk psychological spiral, and I will argue that these cognitive resources can be had without language. There is preliminary evidence that some other species understand one another through a normative lens that, through looping effects, creates expectations that community members strive to live up to. (shrink)

Animalism, the thesis that each of us is a human animal, is a prominent materialist account of what we are. Animalism is often motivated by an attractive line of reasoning, the Thinking Animal Argument. And, independently, animalism has been challenged by appeals to a metaphysical puzzle, the problem of the many. In this paper, I draw attention to the relationship between the Thinking Animal Argument and the problem of the many. I further argue that in virtue of this relationship, animalists (...) are left in an unfortunate position: animalists cannot hold onto their most successful argument without undermining animalism itself. (shrink)

**For my more recent views of the third kind of cognition, see my "Finding Oneself in God"** -/- Abstract: Cognition of the third kind, or scientia intuitiva, is supposed to secure beatitudo, or virtue itself (E5p42). But what is scientia intuitiva, and how is it different from (and superior to) reason? I suggest a new answer to this old and vexing question at the core of Spinoza’s project in the Ethics. On my view, Spinoza’s scientia intuitiva resembles Descartes’s scientia more (...) than has been appreciated. Although Spinoza’s God is not Descartes’s benevolent, transcendent God, Spinoza agrees with Descartes that the highest certainty requires that a cognizer correctly conceive of God and her causal relation to God; it is only with cognition of the third kind that a cognizer can be certain that her adequate (that is, clear and distinct) representations of extramental things agree with formally real, extramental ideata, and so are true. If this is right, a reading of Spinoza that has dominated scholarship since the Ethics’ publication is misguided: for Spinoza, it is not always the case that having (and recognizing that one has) a clear and distinct idea is sufficient for knowing that that idea is true. I end the chapter by suggesting why scientia is intuitive for Spinoza: Spinoza attempts to avoid Cartesian-Circle-style circularity by insisting that a cognizer must intuit the correct representation of God and God’s relation to things. (shrink)

Derk Pereboom's Four-Case Argument is among the most famous and resilient manipulation arguments against compatibilism. I contend that its resilience is not a function of the argument's soundness but, rather, the ill-gotten gain from an ambiguity in the description of the causal relations found in the argument's foundational case. I expose this crucial ambiguity and suggest that a dilemma faces anyone hoping to resolve it. After a thorough search for an interpretation which avoids both horns of this dilemma, I conclude (...) that none is available. Rather, every metaphysically coherent interpretation invites either a hard- or soft-line reply to Pereboom's argument. I then consider a recharacterization of the dilemma which seems to clear the way for the defence of a revised Four-Case Argument. I address this rejoinder by identifying a still more fundamental problem shared by all viable interpretations of the manipulation cases, showing that each involves a type of manipulation which undermines the victim's agency. Because this diagnosis supports a soft-line reply to every viable interpretation of the argument and can be endorsed by any compatibilist, I consider it the final piece of the Soft-line Solution to the Four-Case Argument. Finally, I suggest a new taxonomy of manipulation arguments, arguing that none that employs the suppressive variety of manipulation found in Pereboom's argument offers a threat to compatibilism. (shrink)

Personhood is not a redundant category, but a social cluster kind. On this view, chimpanzees have their own kind of personhood profile. Seeing that chimpanzees have a personhood profile allows us to argue that chimpanzees like Tommy are individuals who deserve rights under the law. If chimpanzee personhood is a matter of public policy that needs to be decided by society, then learning more about the person profiles of chimpanzees will be essential in making this case. As the public learns (...) what scientists have come to see, and with public conversations about what counts as a person, our society can make another ethical transformation that will be recognized by the courts. But without the metaphysical personhood concept to rely on, we will have a difficult time showing that chimpanzees should count as persons under the law. (shrink)

Once upon a time, not too long ago, the question about apes and ethics had to do with moral standing—do apes have interests or rights that humans ought to respect? Given the fifty years of research on great ape cognition, life history, social organization, and behavior, the answer to that question seems obvious. Apes have emotions and projects, they can be harmed, and they have important social relationships.

"The Manipulation Argument has recently taken center stage in the free-will debate, yet little else can be said of this newcomer that is uncontroversial. At present, even the most fundamental elements of the Manipulation Argument--its structure, conclusion, and target audience--are a matter of dispute. As such, we cannot begin, as we ideally would, with a simple and relatively uncontroversial overview of the argument. Instead, clarifying the debate over the basic structure and general conclusion of the Manipulation Argument will be our (...) goal." -/- UPDATE: I now refer to an isolated objection to the counterexample step as a hardline reply, an isolated attack on the generalization step a softline reply, and an isolated response to the explanation step as an "al dente" reply. Al dente replies have been given in Mele's 2005 critique of the Four-Case Argument and my 2015 (2012) critique of Mele's Zygote Argument. I also now refer to a manipulation argument which has a generalization step that concludes to impossibilism and an explanation step which proposes an explanation for the impossibility of free will as a "Master Manipulation Argument" (examples of master manipulation arguments include Mickelson 2015 and 2019). (shrink)

In this essay, I argue for the rejection of Vihvelin's ‘Three-fold Classification’ , a nonstandard taxonomy of free-will compatibilism, incompatibilism, and impossibilism. Vihvelin is right that the standard taxonomy of these views is inadequate, and that a new taxonomy is needed to clarify the free-will debate. Significantly, Vihvelin notes that the standard formal definition of ‘incompatibilism’ does not capture the historically popular view that deterministic laws pose a threat to free will. Vihvelin's proposed solution is to redefine ‘incompatibilism.’ However, Vihvelin's (...) formal definition of ‘incompatibilism’ is flawed according to her own arguments. In addition, Vihvelin's characterization of ‘compatibilism’ is incomplete, and at least two important free-will views are missing from her proposed taxonomy. Given the problems with Vihvelin's arguments for 3-FC, her novel view of the dialectic between the major free-will views lacks support. (shrink)

Frans de Waal (1948-2024) transformed our understanding of primate cognition and social behavior, shaping the perspectives of scientists, philosophers, and the general public through his groundbreaking research and engaging popular books.

In this chapter, I first turn to Spinoza’s obscure “ideas of ideas” doctrine and his claim that “as soon as one knows something, one knows that one knows it, and simultaneously knows that one knows that one knows, and so on, to infinity” (E2p21s). On my view, Spinoza, like Descartes, holds that a given idea can be conceived either in terms of what it represents or as an act of thinking: E2p7 (where Spinoza presents his doctrine of the “parallelism” of (...) minds and bodies) primarily concerns the former way of conceiving of an idea while E2p21 primarily concerns the latter. I propose that in E2p21, Spinoza makes a few crucial points about an adequate idea conceived as the “idea of the idea,” or as the activity of thinking: 1) when one has an adequate representation of p, one automatically knows that one is thinking an adequate representation of p, and 2) this reflective knowledge cannot be improved. I then turn to E2p43, “he who has a true idea at the same time knows that he has a true idea, and cannot doubt the truth of the thing." This is a denial of skepticism, but I think we need to be careful. E2p21 and E2p43 rule out the most hyperbolic doubts like those we see in Descartes's Third Meditation (AT VII 36), so it is the case that thinkers need no additional validation for the “adequate ideas of properties of things” and “common notions” employed in "cognition of the second kind," or reason. However, a reasoning thinker might nevertheless be troubled by doubts about the extramental world. As I have argued in other work, we can take Spinoza as following Descartes at least this far: once our reasoning thinker comes to adequate ideas of God and God’s relation to things, their ideas cannot be rendered doubtful. Here I concede that because one can reason to these adequate ideas of God and God's relation to things, scientia intuitiva is not unique in removing doubt. However, scientia intuitiva may still be distinctive in the way it removes doubt. (shrink)

While more species are being identified as cultural on a regular basis, stark differences between human and animal cultures remain. Humans are more richly cultural, with group-specific practices and social norms guiding almost every element of our lives. Furthermore, human culture is seen as cumulative, cooperative, and normative, in contrast to animal cultures. One hypothesis to explain these differences is grounded in the observation that human children across cultures appear to spontaneously over-imitate silly or causally irrelevant behaviors that they observe. (...) The few studies on over-imitation in other species are largely taken as evidence that spontaneous over-imitation is not present in other species. This leads to the over-imitation hypothesis – that the differences between human culture and animal cultures can be traced to the human unique tendency to over-imitate. In this paper, we analyze the current state of the literature on animal over-imitation and challenge the adequacy of the over-imitation hypothesis for the differences between humans and animal cultures. To make this argument, we first argue that the function of human over-imitation is norm-learning and that over-imitation, like skill-learning, should be subject to selective social learning effects. Then we review the empirical evidence against animal over-imitation and argue that these studies do not take into account the relevant variables given the normative and selective nature of over-imitation. We then analyze positive empirical evidence of over-imitation in great apes and canids from the experimental literature and conclude that the current body of evidence suggests that some canids and primates may have the capacity for over-imitation. This paper offers a methodological suggestion for how to study animal over-imitation, and a theoretical suggestion that over-imitation might be much more widely found among species. The larger implication for claims about human uniqueness suggests that if we do find widespread evidence of over-imitation across species, many of the current theories of human uniqueness that focus on human hyper-cooperation or social norms may have only identified a difference of degree, not of kind, between humans and other animals. (shrink)

According to the mental continuity claim (MCC), human mental faculties are physical and beneficial to human survival, so they must have evolved gradually from ancestral forms and we should expect to see their precursors across species. Materialism of mind coupled with Darwin’s evolutionary theory leads directly to such claims and even today arguments for animal mental properties are often presented with the MCC as a premise. However, the MCC has been often challenged among contemporary scholars. It is usually argued that (...) only humans use language and that language as such has no precursors in the animal kingdom. Moreover, language is quite often understood as a necessary tool for having representations and forming beliefs. As a consequence, by lacking language animals could not have developed representational systems or beliefs. In response to these worries, we aim to mount a limited defense of the MCC as an empirical hypothesis. First, we will provide a short historical overview of the origins of the MCC and examine some of the motives behind traditional arguments for and against it. Second, we will focus on one particular question, namely whether language as such is necessary for having beliefs. Our goal is to show that there is little reason to think language is necessary for belief. In doing so, we will challenge a view of belief that is widely accepted by those working in animal cognition, namely representational belief, and we will argue that if belief is non-representational, then different research questions and methods are required. We will conclude with an argument that to study the evolution of belief across species, it is essential to begin the study of subjects in their social and ecological environment rather than in contexts that are not ecologically valid along the social and ecological dimensions. Thus, rather than serving as a premise in an argument 3 in favor of animal minds, the MCC can only be defended by empirical investigation, but importantly, empirical investigation of the right sort.. (shrink)

The human brain, with its 100 billion neurons working in intricate collaborations to create the physical basis of the memories, perceptions, thoughts, and emotions that together make me the person...

In this review article of Dan Hutto's bok Folk Psychological Narratives: The Sociocultural Basis of Understanding Reasons, I argue that we can take a functional approach to FP that identifies it with the practice of explaining behaviour -- that is, we can understand folk psychology as having the purpose of explaining behaviour and promoting social cohesion by making others’ behaviour comprehensible, without thinking that this ability must be limited to those with linguistic abilities. One reason for thinking that language must (...) be implicated in FP explanations arises from the history of theorizing about the nature of scientific explanation. I will show that there are other models of explanation that are free from the metaphysical linguistic baggage of the traditional models, and argue that such models can be profitably used to make sense of an explanation-centred FP that need not involve the attribution of propositional attitudes or a functioning linguistic competence. Further, I will argue that there is evidence that pre-linguistic human children engage in explanatory practices, and that some of these explanations may be seen as narrative explanations in an important sense. (shrink)

Social norms are commonly understood as rules that dictate which behaviors are appropriate, permissible, or obligatory in different situations for members of a given community. Many researchers have sought to explain the ubiquity of social norms in human life in terms of the psychological mechanisms underlying their acquisition, conformity, and enforcement. Existing theories of the psychology of social norms appeal to a variety of constructs, from prediction-error minimization, to reinforcement learning, to shared intentionality, to domain-specific adaptations for norm acquisition. In (...) this paper, we propose a novel methodological and conceptual framework for the cognitive science of social norms that we call normative pluralism. We begin with an analysis of the explanatory aims of the cognitive science of social norms. From this analysis, we derive a recommendation for a reformed conception of its explanandum: a minimally psychological construct that we call normative regularities. Our central empirical proposal is that the psychological underpinnings of social norms are most likely realized by a heterogeneous set of cognitive, motivational, and ecological mechanisms that vary between norms and between individuals, rather than by a single type of process or distinctive norm system. This pluralistic approach, we suggest, offers a methodologically sound point of departure for a fruitful and rigorous science of social norms. (shrink)