Crime and Culpability, by Larry Alexander, Kimberly Kessler Ferzan (with Stephen Morse) is a visionary work of moral and legal philosophy. Nonetheless, it is fundamentally morally misguided. In seeking to free criminal law from what the authors take to be the distorting influence of outcome luck, they arrive at a position that is overly exculpatory. It fails to hold actors liable for the harms they cause when they have taken less care they should. -/- I argue, first, that (...) the authors’ attempt to strip criminal law of outcome luck is incoherent in its own terms, and that any attempt to follow through on their program would require a much more severe loss of accountability than the authors acknowledge. I then argue that outcome luck is pervasive in our moral lives, and that, given the choice of (a) not being able to hold agents accountable for much, or (b) holding them accountable for the results of their choices, including outcomes that result in part from moral luck, the right choice is (b). I wrap up with a concluding observation about the implausible moral psychology that underlies the authors’ view of culpable action. (shrink)

According to the Behavioral View of consent, consent must be expressed in behavior in order to release someone from a duty. By contrast, the Mental View of consent is that normatively efficacious consent is entirely mental. In previous work, I defended a version of the Behavioral View, according to which normatively efficacious ‘consent always requires public behavior, and this behavior must take the form of communication in the case of high-stakes consent’. In this essay, I respond to two arguments by (...) proponents of the Mental View. First, Larry Alexander, Heidi Hurd and Peter Westen have argued that my view has mistaken implications concerning the culpability of different actors. I counter that my version of the view does not have these implications, as it leaves us free to draw moral and legal distinctions between different offences involving non-consensual behavior. Second, Larry Alexander and Kimberly Ferzan have argued for an analogy between consent and abandonment: on the grounds that the normative power to abandon resides in one’s will, Alexander and Ferzan concludes consent does too. I counter that abandonment requires behavior, and call into question the assumption that the ethics of property have much to teach us about the ethics of sexual consent. (shrink)

The lexical priority of fair equality of opportunity in John Rawls’s justice as fairness, which has been sharply criticized by Larry Alexander and Richard Arneson among others, is left almost entirely undefended in Rawls’s works. I argue here that this priority rule can be successfully defended against its critics despite Rawls’s own doubts about it. Using the few textual clues he provides, I speculatively reconstruct his defense of this rule, showing that it can be grounded on our interest (...) in self-realization through work. This reconstructed defense makes liberal use of concepts already present in A Theory of Justice , including the Aristotelian Principle (which motivates the achievement of increasing virtuosity) and the Humboldtian concept of social union (which provides the context for the development of such virtuosity). I also show that this commitment to self-realization, far from violating the priority of right in Rawls’s theory, stems directly from his underlying commitment to autonomy, which is the very foundation of the moral law in his doctrine of right. The reconstituted defense of this priority rule not only strengthens the case for justice as fairness but also has important and controversial implications for public policy. (shrink)

What is discrimination and what makes wrongful discrimination wrong? Even after an ever-rising tide of research over the course of the past twenty-five or so years these questions still remain hard to answer. Exercising candid and self-critical hindsight, Larry Alexander, who contributed his fair share to this tide, thus remarked: “All cases of discrimination, if wrongful, are wrongful either because of their quite contingent consequences or perhaps because they are breaches of promises or fiduciary duties.” If this is (...) true it raises serious doubts as to how wrongful discrimination can be a moral wrong in itself. Also, the question comes up as to who it is who breaches a promise or a fiduciary duty. This paper defends the view that the substance of these remarks is better understood by couching them in a political approach towards discrimination. Against this background, they give rise to real and pressing concerns. Once we conceptualise the realm political along Hobbesian lines as the battleground comprising both the private sphere of the individual and the public sphere of the commonwealth it emerges that discrimination has different significance with regard to these respective spheres. In order to illustrate this, I adopt Kasper Lippert-Rasmussen’s descriptive account of discrimination as „differential treatment on the basis of membership of a socially salient group“ and the common view that wrongful discrimination is wrong because it is harmful, disrespectful, or both. In the private sphere the case can be made for morally permissible cases of discrimination. Sexual discrimination due to sexual self-determination with consequently freely choosing your sexual or romantic partner is the central case in point. Where somebody feels unfairly rejected and consequently hurt neither the charge of harm inflicted nor that of disrespect endured need be justified. No “breach of promises or fiduciary duties” is involved. The case is different, however, when it comes to the fiduciary of power. In discriminating, he who exercises the power of the commonwealth necessarily breaches a promise and a fiduciary duty. Discrimination thus appears to be more of a problem of political philosophy than one of applied ethics. [in German] **************************************************************************************************** ******************** Was ist Diskriminierung und warum ist Diskriminierung verwerflich, wenn sie es denn ist? Dies bleibt ungeachtet der seit fünfundzwanzig Jahren anschwellenden Forschungsliteratur unverändert eine harte Nuss. Larry Alexander, der selbst maßgeblich zu dieser Forschungsliteratur beigetragen hat, merkt daher selbstkritisch an: „All cases of discrimination, if wrongful, are wrongful either because of their quite contingent consequences or perhaps because they are breaches of promises or fiduciary duties.“ Wenn dies der Fall ist, stellt sich die Frage, wie moralisch verwerfliche Diskriminierung dann noch an sich verwerflich sein kann. Es stellt sich dann auch die Frage, wer hier ein Versprechen bricht und seine Treuepflichten verletzt. Die leitende Annahme dieses Aufsatzes ist es, dass man dem sachlichen Kern dieser Bedenken Rechnung tragen kann, indem man eine politische Perspektive auf das Phänomen der Diskriminierung einnimmt. Die Bedenken erweisen sich dann als substanziell und zutreffend. Konzeptualisieren wir den Bereich des Politischen mit Thomas Hobbes als das Spannungsfeld, das die private Sphäre des Individuums und die öffentliche Sphäre des Gemeinwesens gegeneinander abgrenzt, wird sichtbar, dass Diskriminierung in diesen Sphären jeweils unterschiedlich zu bewerten ist. Um dies zu verdeutlichen, lege ich Kasper Lippert-Rasmussens deskriptives Verständnis von Diskriminierung als „differential treatment on the basis of membership of a socially salient group“ zugrunde und mache von der in der Diskussion verbreiteten Ansicht Gebrauch, dass das Zufügen von Schaden oder die Verweigerung von Respekt Diskriminierung verwerflich macht. In der privaten Sphäre kann es nun Fälle moralisch zulässiger Diskriminierung geben. Zentral ist die sexuelle Diskriminierung aufgrund der Ausübung einer freien Wahl des eigenen Sexual- oder Liebespartners. Auch wenn sich der Abgewiesene womöglich geschädigt sieht, wird unbilliger Schaden nicht zugefügt und geschul- deter Respekt nicht verweigert. Den Grund finden wir in Alexanders Formel: Ein „breach of promises“ oder eine Verletzung „fiduciary duties“ liegt nicht vor. Anders im Fall staatlicher Diskriminierung: Ein „breach of promises“ oder eine Verletzung „fiduciary duties“ liegt hier stets vor, da Fälle staatlicher Diskriminierung regelmäßig Machtmissbrauch darstellen: Der Inhaber staatlicher Gewalt verletzt die Treuepflicht, das Mandat unparteilich auszuüben, das getreulich auszuführen er gelobt hat. Diskriminierung erscheint also weniger als ein Problem der angewandten Ethik denn als eines der politischen Philosophie. (shrink)

One proposed way of preserving the link between criminal negligence and blameworthiness is to define criminal negligence in moral terms. On this view, a person can be held criminally responsible for a negligent act if her negligence reflects a deficit of moral concern. Some theorists are convinced that this definition restores the link between negligence and blameworthiness, while others insist that criminal negligence remains suspect. This article contributes to the discussion by applying the work of ethicist Nomy Arpaly to criminal (...) negligence. Although not interested in legal issues herself, Arpaly has a well-developed theory of moral agency that explains moral concern in terms of responsiveness to moral reasons. Introducing her work to the ongoing scholarly debate will be helpful for two reasons. First, while a definition of negligence in terms of moral concern is recognized as one proposed solution to the negligence–blameworthiness problem, authors promoting it have yet to give a systematic account of moral concern and its relation to blame. Borrowing Arpaly's account will help clarify the idea of moral concern so that both proponents and critics of a concern approach to negligence can have a better-defined debate. Second, her theory of blameworthiness is especially suited to defending the blameworthiness of negligent actions, because it does not have recourse to a special quality of choice or self-control that must be active to render conduct blameworthy. To make this second advantage clear, the article argues that reliance on choice or self-control problematizes blameworthiness for negligence. Those who wish to defend blameworthiness for negligent acts should base their work on an account of moral agency that does not rely on either choice or self-control to explain when an action is blameworthy. (shrink)

Recientemente, Alexander Bird (2007) sugirió que la ciencia progresa cuando muestra “acumulación de conocimiento justificado”. Para validar su postura, Bird contrastó sus ideas con los conceptos sobre el progreso científico construidos por Thomas S. Kuhn y Larry Laudan, respectivamente. El objetivo de Bird fue mostrar que el criterio de “resolución de problemas” defendido por estos autores, es regresivo y, por ello, anti-intuitivo. En este texto analizo los argumentos de Bird en contra de estos autores y muestro en qué (...) fallan. Posteriormente se evalúa su postura a partir de sus propios fundamentos epistemológicos. Al final, presento algunas conclusiones que pueden inferirse del presente estudio. (shrink)

Para desarrollar este trabajo, en el primer capítulo caracterizaré con cierta extensión dos de las principales posturas funcionalistas del progreso científico, a saber, la defendida por Thomas S. Kuhn y Larry Laudan, respectivamente. Posteriormente, haré un análisis crítico de estas posturas. En particular, mostraré que un modelo de progreso científico basado en la resolución de problemas no puede pasar por alto explicar cómo es que se genera un problema científico y cómo puede ser medida no sólo la importancia cognitiva (...) de los problemas científicos a resolver; sino la importancia cognitiva que tienen las soluciones a los problemas que enfrenta la ciencia. En el segundo capítulo caracterizaré y analizaré la postura realista metafísica sobre el progreso científico desarrollada por Philip Kitcher. El análisis del modelo de Kitcher es pertinente para el presente estudio debido a que este autor integró muchas de las críticas que se le hicieron a las posturas funcionalistas anteriores a su propuesta. Sin embargo, como sugeriré en la conclusión de ese capítulo, la postura defendida por Kitcher en torno al progreso cognitivo de la ciencia fluctúa entre la defensa de un realismo de corte metafísico (Kitcher 1993 y 1995) y un realismo de corte semántico (Kitcher 2001a, 2001b, 2002 y 2007) que hace difícil entender con precisión y a cabalidad su postura. Con los anteriores elementos, en el tercer capítulo revisaré el debate entre las posturas funcionalistas y las posturas realistas sobre el progreso cognitivo de la ciencia en el marco del llamado Realismo Epistemológico Convergente, con el objetivo de evaluar si otras posturas realistas pueden explicar de mejor manera el progreso cognitivo de la ciencia. Como mostraré, el realismo epistemológico convergente requiere para su defensa de una definición conceptual precisa en relación a lo que debe entenderse por “verdad” – o “aproximación a la verdad” – y su conexión con el éxito científico; así como la relación de referencia entre las entidades y organismos teóricos observables e inobservables que la ciencia postula y el mundo natural. Para analizar estas conexiones, en este capítulo revisaré varios argumentos anti-realistas en contra de la relación cognitiva que los defensores del realismo epistemológico convergente pretenden establecer entre el éxito empírico y la verdad, por un lado, y el éxito empírico y la referencia, por el otro. Posteriormente, analizaré los contra-argumentos realistas más importantes que a mi juicio se han elaborado para defender el realismo epistemológico convergente. Finalmente, mostraré que los contra-argumentos realistas no logran ser lo suficientemente sólidos para evadir con éxito los ataques anti-realistas en torno al progreso cognitivo de la ciencia. El cuarto capítulo de este trabajo lo dedicaré a caracterizar y analizar la postura fundacionista defendida por Alexander Bird. Este autor sostuvo que la ciencia progresa cuando muestra “acumulación de conocimiento justificado”. Para validar su postura, este autor contrastó sus ideas con los conceptos sobre el progreso científico construidos precisamente por Kuhn y Laudan, respectivamente. El objetivo de Bird fue mostrar que el criterio de “resolución de problemas” defendido por estos autores es regresivo y, por ello, anti-intuitivo. En este capítulo analizo los argumentos de Bird, muestro en qué fallan para, finalmente, evaluar su postura a partir de sus propios fundamentos epistemológicos. En el quinto y último capítulo del libro ofreceré algunas conclusiones que pueden ser inferidas del presente estudio. (shrink)

This article reconsiders Hannah Arendt’s account of “totalitarianism” in light of the climate catastrophe and the apparent inability of our political-economic system to respond to it adequately. In the last two chapters of The Origins of Totalitarianism, Arendt focuses on the “ideology” of totalitarian regimes: a pathological denial of reality, a privileging of the ideological system over empirical evidence, and a simultaneous feeling of total impotence and total omnipotence—an analysis that maps remarkably well onto the climate zeitgeist. Thus, while Arendt (...) used the concept of “totalitarianism” to foreclose alternatives to liberal capitalist democracy, the climate impasse suggests that the totalitarian label more properly belongs to the prevailing system itself. (shrink)

Sexual lust – understood as a feeling of sexual attraction towards another – has traditionally been viewed as a sort of desire or at least as an appetite akin to hunger. I argue here that this view is, at best, significantly incomplete. Further insights can be gained into certain occurrences of lust by noticing how strongly they resemble occurrences of “attitudinal” (“object-directed”) emotion. At least in humans, the analogy between the object-directed appetites and attitudinal emotions goes well beyond their psychological (...) structure to include similar ways in which their occurrence can be introspectively recognized, resulting in similar extensions of their functionality and meaningfulness to the subject. I conclude that although further research is needed, given the strength of the analogy, the ability of lust to satisfy some general requirements for being an emotion, and perhaps certain neurological findings, lust may somewhat uniquely straddle the line between appetite and emotion. (shrink)

This paper develops an understanding of climate denial as an expression of alienation in the sense described by Marx. We first argue for an expanded and differentiated conception of climate denial, theorizing four distinct types that go beyond the simple rejection of an anthropogenic warming trend: naturalist denialism, technological denialism, gradualist denialism, and politicized denialism. We then claim that these forms of climate denial illustrate and are illustrative of Marx’s concept of alienation from species-being (Gattungswesen). The article is intended as (...) a contribution to the growing literature on climate denial as a social and ideological problem rather than as an individual epistemic or moral issue. (shrink)

In this article, I present some worries about the possible impact of global efforts to aid the needy in some of the world’s most desperate regions. Among the worries I address are possible unintended negative consequences that may occur elsewhere in a society when aid agencies hire highly qualified local people to promote their agendas; the possibility that foreign interests and priorities may have undue influence on a country’s direction and priorities, negatively impacting local authority and autonomy; and the related (...) problem of outside interventions undermining the responsiveness of local and national governments to their citizens. -/- Another issue I discuss is the possibility that efforts to aid the needy may involve an Each-We Dilemma, in which case conflicts may arise between what is individually rational or moral, and what is collectively rational or moral. Unfortunately, it is possible that if each of us does what we have most reason to do, morally, in aiding the needy, we together will bring about an outcome which is worse, morally, in terms of its overall impact on the global needy. -/- The article ends by briefly noting a number of claims and arguments that I made in my 2017 Uehiro Lectures regarding how good people should respond in a world of need. As I have long argued, I have no doubt that those who are well off are open to serious moral criticism if they ignore the plight of the needy. Unfortunately, however, for a host of both empirical and philosophical reasons, what one should do in light of that truth is much more complex, and murky, than most people have realized. (shrink)

This article responds to four critics of Democracy in Spite of the Demos and reiterates its central thesis. Christopher Holman and Théophile Pénigaud attempt to maintain the critical value of democracy by invoking different elements of the deliberative tradition, while Benjamin Schupmann answers my charges by appealing to a strong liberal constitutionalism. I argue that these attempts repeat the ambivalence described and criticized in the book: democracy is taken as an end in itself, but with asterisks that introduce conditions and (...) qualifications. As long as democracy is only desirable given certain caveats, the critical weight is placed on these caveats and not on the figure of democracy. Andrew Norris takes a different approach, interrogating the book’s use of ideology critique and the concept of “socially necessary delusion.” This intervention presents difficulties to the concluding suggestion of the book, but I maintain that that these difficulties can be productive and generative rather than limiting or prohibitive. (shrink)

Human subjects seem to have a type of introspective access to their mental states that allows them to immediately judge the types and intensities of their occurrent emotions, as well as what those emotions are about or “directed at”. Such judgments manifest what I call “emotion-direction beliefs”, which, if reliably produced, may constitute emotion-direction knowledge. Many psychologists have argued that the “directed emotions” such beliefs represent have a componential structure, one that includes feelings of emotional responses and related but independent (...) representations of what those feelings are about. I argue that such componentiality may help to explain how emotion-direction knowledge is achievable. I begin by developing a hybrid view of introspection that combines David Chalmers’ phenomenal realism with Alvin Goldman’s “partial redeployment” account of meta-belief content. I then provide a process-reliabilist account of introspectively gained emotion-direction knowledge that outlines the minimum conditions of reliably forming emotion-direction beliefs, and specifies several ways in which the warrant of such beliefs could be defeated by relevant counterfactual alternatives. The overall account suggests how distinct introspective processes might be epistemically synergistic. (shrink)

Whether or not quantum physics can account for molecular structure is a matter of considerable controversy. Three of the problems raised in this regard are the problems of molecular structure. We argue that these problems are just special cases of the measurement problem of quantum mechanics: insofar as the measurement problem is solved, the problems of molecular structure are resolved as well. In addition, we explore one consequence of our argument: that claims about the reduction or emergence of molecular structure (...) cannot be settled independently of the choice of a particular resolution to the measurement problem. Specifically, we consider how three standard putative solutions to the measurement problem inform our under- standing of a molecule in isolation, as well as of chemistry’s relation to quantum physics. (shrink)

This essay considers the catastrophe of anthropogenic climate change in relation to two possible critical-theoretic dispositions. The first, represented by an emblematic passage from Adorno, retains the hope for the realization of a “rational society.” The second, represented by a complementary passage from Foucault, enjoins critical theory to abandon any ambition toward criticizing or transforming society at a totalizing level. We argue that the unfolding climate catastrophe demands a conception of critical theory more in line with the first disposition, and (...) that the relevance of the skeptical disposition is likewise seriously undermined if climate change is taken into account. (shrink)

In this essay, I attempt to measure various prevailing democratic theories against an argument that Carl Schmitt advances in the first chapter of his ‘Crisis of Parliamentary Democracy’. In practice, he claims there, democratic politics is compelled to introduce a distinction between ‘the will of the people’ and the behaviour of the empirical people, thus justifying the bracketing and unlimited suspension of the latter in the name of the former, even to the point of dictatorship. I argue that no contemporary (...) approach to democracy as a fundamental value is able to mount a compelling response to this critique and that we should therefore reconsider the status of democracy as a normative commitment. I proceed by carefully and closely reading Schmitt’s chapter and then by juxtaposing various currents of democratic theory (including liberal, deliberative, epistemic and various hybrids thereof) with the trajectory of Schmitt’s argument. This essay is therefore less of a contribution to Schmitt scholarship, in the sense that it does not take a panoramic view of his corpus to determine his final stance on democracy, and more of an intervention into contemporary democratic theory using Schmitt’s argument as a kind of lever. (shrink)

[This paper was presented at the APA Eastern Division Conference in New York City, January 2024] -/- Can one reasonably doubt that one is voluntarily making a commitment, even when one is doing so? Given that one voluntarily makes a commitment if and only if one (personally) knows that one is doing so, the answer appears to be “No.” After all, knowing implies justifiably believing, and it seems impossible that one could (synchronically and from a single personal perspective) reasonably doubt (...) what one justifiably believes. Indeed, assuming that one reasonably doubts that P only if one has sufficient evidence to believe that not-P, traditional epistemologists may hold that such “epistemic ambivalence” entails one’s believing a contradiction, while some Bayesians should hold that it entails violating “probabilism” (the norm that credences must conform to the axioms of probability). However, I argue that in at least some cases of romantic commitment-making, such ambivalence may not only be epistemically permissible, but even required, and perhaps best dealt with pragmatically. (shrink)

Charles Mills adhered to the highest standards of philosophical scholarship, while seeing his work firmly as a contribution to the cause of social justice. He had a deep appreciation for historical context and a history of ideas approach to racial/philosophical questions. He was one of the foremost Rawls interpreters or our time, though only a few years before his passing was he so recognized. He channeled his analytic training in his habit of demonstrating how a view is strengthened when an (...) author shows how objections can be systematically replied to. I wish he had tried to integrate class and race into a larger theoretical system, of both an explanatory and normative character. Class is sometimes an unnoted presence in his explanation of white supremacy. Charles saw himself contributing to a collective scholarly social justice project and was happy to acknowledge the greater expertise of others in allied areas to his. (shrink)

Can one’s belief that one romantically loves another be false? If so, under what conditions may one come to reasonably doubt, or at least suspend belief, that one does so? To begin to answer these questions, I first outline an affective/volitional view of love similar to psychologist R. J. Sternberg’s “triangular theory”, which analyzes types of love in terms of the degrees to which they include states of passion, emotion, and commitment. I then outline two sources of potential bias that (...) may cause one to believe that one romantically loves another when one does not. Partly on the basis of those potential sources of bias and partly on the basis of more specific issues, I then argue that at least to the extent that one is aware of these issues, one may reasonably doubt that one is experiencing romantic love’s emotional feelings, and one may reasonably doubt that one is making romantic love’s commitments. Finally, I order by relative dubitability the propositions that must be true about one’s passions, emotions, and commitments toward another in order for one to romantically love them. (shrink)

This article examines two questions about scientists’ search for knowledge. First, which search strategies generate discoveries effectively? Second, is it advantageous to diversify search strategies? We argue pace Weisberg and Muldoon, “Epistemic Landscapes and the Division of Cognitive Labor”, that, on the first question, a search strategy that deliberately seeks novel research approaches need not be optimal. On the second question, we argue they have not shown epistemic reasons exist for the division of cognitive labor, identifying the errors that led (...) to their conclusions. Furthermore, we generalize the epistemic landscape model, showing that one should be skeptical about the benefits of social learning in epistemically complex environments. (shrink)

Skeptical invariantists maintain that the expression “knows” invariably expresses an epistemically extremely demanding relation. This leads to an immediate challenge. The knowledge relation will hardly if ever be satisfied. Consequently, we can rarely if ever apply “knows” truly. The present paper assesses a prominent strategy for skeptical invariantists to respond to this challenge, which appeals to loose talk. Based on recent developments in the theory of loose talk, I argue that such appeals to loose talk fail. I go on to (...) present a closely related, more promising response strategy, which combines assumptions about the dynamics of pragmatic presuppostions from Blome-Tillmann (2014) with an appeal to conversational exculpature, a phenomenon recently studied by Hoek (2018, 2019). (shrink)

A number of bioethicists have been critical of the power of the family to “veto” a patient’s decision to posthumously donate her organs within opt-in systems of organ procurement. One major objection directed at the family veto is that when families veto the decision of their deceased family member, they do something wrong by violating or failing to respect the autonomy of that deceased family member. The goal of this paper is to make progress on answering this objection. I do (...) this in two stages. First, I argue that the most plausible interpretation of what happens when a person registers as an organ donor in an opt-in system is that she gives her consent to the state to posthumously remove her organs for transplantation purposes. Call this the Authorization Account. Second, given the Authorization Account, I argue by analogy that when families veto an individual’s decision to donate and the individual’s organs are not in the end removed, neither the doctors nor the family violate the individual’s autonomy in any morally objectionable sense. Call this the Nonremoval Thesis. I argue that since the Nonremoval Thesis is true, we do not violate or fail to respect the autonomy of registered donors when we fail to remove their organs because their family has objected. (shrink)

Do the same epistemic standards govern scientific and religious belief? Or should science and religion operate in completely independent epistemic spheres? Commentators have recently been divided on William James’s answer to this question. One side depicts “The Will to Believe” as offering a separate-spheres defense of religious belief in the manner of Galileo. The other contends that “The Will to Believe” seeks to loosen the usual epistemic standards so that religious and scientific beliefs can both be justified by a unitary (...) set of evidentiary rules. I argue that James did build a unitary epistemology but not by loosening cognitive standards. In his psychological research, he had adopted the Comtian view that hypotheses and regulative assumptions play a crucial role in the context of discovery even though they must be provisionally adopted before they can be supported by evidence. “The Will to Believe” relies on this methodological point to achieve a therapeutic goal—to convince despairing Victorians that religious faith can be reconciled with a scientific epistemology. James argues that the prospective theist is in the same epistemic situation with respect to the “religious hypothesis” as the scientist working in the context of discovery. (shrink)

Constellations, Volume 28, Issue 3, Page 368-378, September 2021.

Jesse Prinz (2004) argues that emotional feelings (“state emotions”) can by themselves perceptually represent significant organism-environment relations. I object to this view mainly on the grounds that (1) it does not rule out the at least equally plausible view that emotional feelings are non-representational sensory registrations rather than perceptions, as Tyler Burge (2010) draws the distinction, and (2) perception of a relation requires perception of at least one of the relation’s relata, but an emotional feeling by itself perceives neither the (...) subject’s environment, nor in many cases the relevant subject itself. I then explore two ways in which emotional feelings as non-perceptual sensory registrations might still contribute to significant relation representation when associated with representations of the subject and/or its environment. After briefly discussing some difficulties presented by a multimodal, sensory-perceptual view of such representation, I argue in favor of a “cognitive recognition theory” that holds that significant relation instances are represented during emotion occurrences via applications of emotion-type concepts to "incoming" emotional feelings and their associated mental states. (shrink)

Can there be grounding without necessitation? Can a fact obtain wholly in virtue of metaphysically more fundamental facts, even though there are possible worlds at which the latter facts obtain but not the former? It is an orthodoxy in recent literature about the nature of grounding, and in first-order philosophical disputes about what grounds what, that the answer is no. I will argue that the correct answer is yes. I present two novel arguments against grounding necessitarianism, and show that grounding (...) contingentism is fully compatible with the various explanatory roles that grounding is widely thought to play. (shrink)

An ongoing debate in the philosophy of emotion concerns the relationship between two prima facie aspects of emotional states. The first is affective: felt and/or motivational. The second, which I call object-identifying, represents whatever the emotion is about or directed towards. “Componentialists” – such as R. S. Lazarus, Jesse Prinz, and Antonio Damasio – assume that an emotion’s object-identifying aspect can have the same representational content as a non-emotional state’s, and that it is psychologically separable or dissociable from the emotion’s (...) affective aspect. Some further hold that emotions have no object-identifying aspects of their own, and can properly be said to be about things only in virtue of their associations with other mental states (such as beliefs or perceptions). By contrast, “blenderists” – such as Peter Goldie, York Gunther, and Matthew Ratcliffe – insist that the two aspects are indissociable, because the affective aspect “infuses” the object-identifying aspect, altering the subject’s concept or percept of the object. As a result, an emotion’s object-identifying aspect cannot possibly have the same representational content as any non-emotional state’s. I argue that the strongest blenderist arguments fail to rule out plausible componentialist alternatives, and that the blenderists’ broader motivations are orthogonal to structural issues. (shrink)

In this paper I analyze constitution embodiment, a particular conception of embodiment. Proponents of constitution embodiment claim that the body is a condition of the constitution of entities. Constitution embodiment is popular with phenomenologically-inspired Embodied Cognition, including research projects such as Enactivism and Radical Embodied Cognitive Science. Unfortunately, PEC’s use of constitution embodiment is neither clear nor coherent; in particular, PEC uses the concept of constitution embodiment so that a major inconsistency is entailed. PEC conceives of the body in a (...) transcendental sense as a condition of the constitution of entities, and, in an ontic sense, as a scientifically describable entity. Yet, a condition of the constitution of entities cannot be itself an entity—rather, it is the very condition of the possibility of an entity. This inconsistency entails further problems, among them PEC’s misguided focus on the location of the embodied mind. In order to correct these mistakes, I develop a conception of constitution embodiment based on the work of Heidegger, Husserl and to a lesser degree Merleau-Ponty. This has two purposes. First, it provides the conceptual groundwork to secure the status of PEC as a consistent and coherent research project and to clarify PEC’s conception of the relationship between phenomenology and the sciences. In that spirit, my approach provides further guidelines for fruitful research alliances between PEC and other research programs such as Grounded Cognition and identifies current research alliances, such as those with Radical Enactivism, as undesirable. Second, my account provides an elaborate concept of constitution embodiment that can function as the basis for more sophisticated work in the future. (shrink)

In this paper, I will discuss what I will call “skeptical pragmatic invariantism” as a potential response to the intuitions we have about scenarios such as the so-called bank cases. SPI, very roughly, is a form of epistemic invariantism that says the following: The subject in the bank cases doesn’t know that the bank will be open. The knowledge ascription in the low standards case seems appropriate nevertheless because it has a true implicature. The goal of this paper is to (...) show that SPI is mistaken. In particular, I will show that SPI is incompatible with reasonable assumptions about how we are aware of the presence of implicatures. Such objections are not new, but extant formulations are wanting for reasons I will point out below. One may worry that refuting SPI is not a worthwhile project given that this view is an implausible minority position anyway. To respond, I will argue that, contrary to common opinion, other familiar objections to SPI fail and, thus, that SPI is a promising position to begin with. (shrink)

Discussion of the relevance of grounding to substantiveness, theory-choice, and “location problems” in metaphysics.

Mark Jago has presented a dilemma for truthmaker non-maximalism—the thesis that some but not all truths require truthmakers. The dilemma arises because some truths that do not require truthmakers by the non-maximalist’s lights (e.g., that Santa Claus does not exist) are necessitated by truths that do (e.g., that Barack Obama knows that Santa Claus does not exist). According to Jago, the non-maximalist can supply a truthmaker for such a truth only by conceding the primary motivation for the view: that it (...) allows one to avoid positing strange ‘negative’ entities without adopting a non-standard account of the necessary features of ordinary things. In this paper, I sketch out and defend two plausible non-maximalist proposals that evade Jago’s dilemma. (shrink)

Epistemic invariantism, or invariantism for short, is the position that the proposition expressed by knowledge sentences does not vary with the epistemic standard of the context in which these sentences can be used. At least one of the major challenges for invariantism is to explain our intuitions about scenarios such as the so-called bank cases. These cases elicit intuitions to the effect that the truth-value of knowledge sentences varies with the epistemic standard of the context in which these sentences can (...) be used. In this paper, I will defend invariantism against this challenge by advocating the following, somewhat deflationary account of the bank case intuitions: Readers of the bank cases assign different truth-values to the knowledge claims in the bank cases because they interpret these scenarios such that the epistemic position of the subject in question differs between the high and the low standards case. To substantiate this account, I will argue, first, that the bank cases are underspecified even with respect to features that should uncontroversially be relevant for the epistemic position of the subject in question. Second, I will argue that readers of the bank cases will fill in these features differently in the low and the high standards case. In particular, I will argue that there is a variety of reasons to think that the fact that an error-possibility is mentioned in the high standards case will lead readers to assume that this error-possibility is supposed to be likely in the high standards case. (shrink)

In his recent article entitled ‘Can We Believe the Error Theory?’ Bart Streumer argues that it is impossible (for anyone, anywhere) to believe the error theory. This might sound like a problem for the error theory, but Streumer argues that it is not. He argues that the un-believability of the error theory offers a way for error theorists to respond to several objections commonly made against the view. In this paper, we respond to Streumer’s arguments. In particular, in sections 2-4, (...) we offer several objections to Streumer’s argument for the claim that we cannot believe the error theory. In section 5, we argue that even if Streumer establishes that we cannot believe the error theory, this conclusion is not as helpful for error theorists as he takes it to be. (shrink)

It seems to be a common and intuitively plausible assumption that conversational implicatures arise only when one of the so-called conversational maxims is violated at the level of what is said. The basic idea behind this thesis is that, unless a maxim is violated at the level of what is said, nothing can trigger the search for an implicature. Thus, non-violating implicatures wouldn’t be calculable. This paper defends the view that some conversational implicatures arise even though no conversational maxim is (...) violated at the level of what is said. (shrink)

Barbara Fried described John Rawls’s response to libertarianism as “the unwritten theory of justice.” This paper argues that while there is no need for a new theory of justice to address the libertarian challenge, there is a need for an additional chapter. Taking up Fried’s suggestion that the Rawlsian response would benefit from a revised list of primary goods, I propose to add employment to the list, thus leading to adoption of a full employment principle in the original position that (...) ensures that anyone who wants to work will be able to do so. I argue that although Rawls famously proposed government as employer of last resort, he never integrated that comment into his theory, which lacks a full employment principle and says nothing about the injustice of involuntary unemployment in its ideal theory. I first refute the received view of Rawls’s treatment of employment as required by its importance for citizens’ self-respect, then show that in fact, the full employment assumption is the result of the role of general equilibrium theory in Rawls’s model of a well-ordered society, and indicate why developments in economic theory and economic policy support the proposed revision. (shrink)

A counterpossible is a counterfactual with an impossible antecedent. Counterpossibles present a puzzle for standard theories of counterfactuals, which predict that all counterpossibles are semantically vacuous. Moreover, counterpossibles play an important role in many debates within metaphysics and epistemology, including debates over grounding, causation, modality, mathematics, science, and even God. In this article, we will explore various positions on counterpossibles as well as their potential philosophical consequences.

Are the real numbers rich enough to measure intelligence? We generalize a result of Alexander and Hutter about the so-called Legg-Hutter intelligence measures of reinforcement learning agents. Using the generalized result, we exhibit a paradox: in one particular version of the Legg-Hutter intelligence measure, certain agents all have intelligence 0, even though in a certain sense some of them outperform others. We show that this paradox disappears if we vary the Legg-Hutter intelligence measure to be hyperreal-valued rather than real-valued.

While standard first-order modal logic is quite powerful, it cannot express even very simple sentences like “I could have been taller than I actually am” or “Everyone could have been smarter than they actually are”. These are examples of cross-world predication, whereby objects in one world are related to objects in another world. Extending first-order modal logic to allow for cross-world predication in a motivated way has proven to be notoriously difficult. In this paper, I argue that the standard accounts (...) of cross-world predication all leave something to be desired. I then propose an account of cross-world predication based on quantified hybrid logic and show how it overcomes the limitations of these previous accounts. I will conclude by discussing various philosophical consequences and applications of such an account. (shrink)

As Thomas Uebel has recently argued, some early logical positivists saw American pragmatism as a kindred form of scientific philosophy. They associated pragmatism with William James, whom they rightly saw as allied with Ernst Mach. But what apparently blocked sympathetic positivists from pursuing commonalities with American pragmatism was the concern that James advocated some form of psychologism, a view they thought could not do justice to the a priori. This paper argues that positivists were wrong to read James as offering (...) a psychologistic account of the a priori. They had encountered James by reading Pragmatism as translated by the unabashedly psychologistic Wilhelm Jerusalem. But in more technical works, James had actually developed a form of conventionalism that anticipated the so-called “relativized” a priori positivists themselves would independently develop. While positivists arrived at conventionalism largely through reflection on the exact sciences, though, James’s account of the a priori grew from his reflections on the biological evolution of cognition, particularly in the context of his Darwin-inspired critique of Herbert Spencer. (shrink)

In this paper, we argue that a distinction ought to be drawn between two ways in which a given world might be logically impossible. First, a world w might be impossible because the laws that hold at w are different from those that hold at some other world (say the actual world). Second, a world w might be impossible because the laws of logic that hold in some world (say the actual world) are violated at w. We develop a novel (...) way of modelling logical possibility that makes room for both kinds of logical impossibility. Doing so has interesting implications for the relationship between logical possibility and other kinds of possibility (for example, metaphysical possibility) and implications for the necessity or contingency of the laws of logic. (shrink)

We develop and defend a new approach to counterlogicals. Non-vacuous counterlogicals, we argue, fall within a broader class of counterfactuals known as counterconventionals. Existing semantics for counterconventionals, 459–482 ) and, 1–27 ) allow counterfactuals to shift the interpretation of predicates and relations. We extend these theories to counterlogicals by allowing counterfactuals to shift the interpretation of logical vocabulary. This yields an elegant semantics for counterlogicals that avoids problems with the usual impossible worlds semantics. We conclude by showing how this approach (...) can be extended to counterpossibles more generally. (shrink)

Conventional wisdom has it that truth is always evaluated using our actual linguistic conventions, even when considering counterfactual scenarios in which different conventions are adopted. This principle has been invoked in a number of philosophical arguments, including Kripke’s defense of the necessity of identity and Lewy’s objection to modal conventionalism. But it is false. It fails in the presence of what Einheuser (2006) calls c-monsters, or convention-shifting expressions (on analogy with Kaplan’s monsters, or context-shifting expressions). We show that c-monsters naturally (...) arise in contexts, such as metalinguistic negotiations, where speakers entertain alternative conventions. We develop an expressivist theory—inspired by Barker (2002) and MacFarlane (2016) on vague predications and Einheuser (2006) on counterconventionals—to model these shifts in convention. Using this framework, we reassess the philosophical arguments that invoked the conventional wisdom. (shrink)

Elselijn Kingma argues that, in cases of mammalian placental pregnancy, the foster (roughly, the post-implantation embryo/foetus) is part of the gravida (the pregnant organism). But she does not consider the possibility of proper overlap. I show that this generates a number of serious problems for her argument and trace the oversight to a quite general issue within the literature on biological individuality. Doing so provides an opportunity to pull apart and clarify the relations between some importantly distinct questions concerning organismality (...) and organismic parthood, and to identify the implications that this has for those who want to draw on this literature when making metaphysical or mereological arguments. (shrink)

Kant and Fichte developed the concept of a worldview as a way of reflecting on experience as a whole. But what does it mean to form a worldview? And what role did it play in the German Idealist tradition? This paper seeks to answer these questions through a detailed analysis of the form of a philosophical worldview and its historical portent, both of which remain unexplored in the literature. The dearth of attention is partially to blame on Kant’s desultory development (...) of it, as well as its place in Fichte’s understudied lectures on religion. In this paper, I first reconstruct Kant’s conception as the starting point and then trace it to Fichte who went on to evolve it further. Fichte endorses the basic conceptual shape pioneered by Kant, namely, a reflective process of positing an idea and then checking the coherence of necessary judgments relative to it. However, Fichte came to realize that its philosophical function needed expanding. Beyond recognizing the possibility for alternative worldviews, Fichte further fleshed out how worldview creation could lead to human flourishing. The common feature between both thinkers is that the formation of a worldview aims to turn philosophy into a life-orienting exercise. (shrink)

While it is a point of agreement in contemporary republican political theory that property ownership is closely connected to freedom as non-domination, surprisingly little work has been done to elucidate the nature of this connection or the constraints on property regimes that might be required as a result. In this paper, I provide a systematic model of the boundaries within which republican property systems must sit and explore some of the wider implications that thinking of property in these terms may (...) have for republicans. The boundaries I focus on relate to the distribution of property and the application of types of property claims over particular kinds of goods. I develop this model from those elements of non-domination most directly related to the operation of a property regime: (a) economic independence, (b) limiting material inequalities, and (c) the promotion of common goods. The limits that emerge from this analysis support intuitive judgments that animate much republican discussion of property distribution. My account diverges from much orthodox republican theory, though, in challenging the primacy of private property rights in the realization of economic independence. The value of property on republican terms can be realized without private ownership of the means of production. (shrink)

Rational agents face choices, even when taking seriously the possibility of determinism. Rational agents also follow the advice of Causal Decision Theory (CDT). Although many take these claims to be well-motivated, there is growing pressure to reject one of them, as CDT seems to go badly wrong in some deterministic cases. We argue that deterministic cases do not undermine a counterfactual model of rational deliberation, which is characteristic of CDT. Rather, they force us to distinguish between counterfactuals that are relevant (...) and ones that are irrelevant for the purposes of deliberation. We incorporate this distinction into decision theory to develop ‘Selective Causal Decision Theory’, which delivers the correct recommendations in deterministic cases while respecting the key motivations behind CDT. (shrink)

Journal of Political Philosophy, EarlyView.