At the heart of Levinas’s work is the apparently simple idea that through the encounter with another person, we are forced to give up our self-concern and take heed of the ethical relation between us. But, while simple on the surface, when one tries to characterize it in more detail, it can be hard to fit together the various ways in which Levinas talks about this relation and to identify precisely what he took its normative structure to be, as this (...) is described in a number of apparently different ways, that are not obviously compatible or equivalent, such as “command,” “call,” “summons,” “demand,” and so on. In this chapter, we intend to focus on these different characterizations and show what makes them different while also endeavoring to find a way in which Levinas’s conception may nonetheless be fitted together into a coherent account of the face-to-face encounter that is at the heart of his ethics. We will begin by considering the different normative terms used to characterize the encounter in that text and show how they are conceptually distinct from one another; we will then offer a way to read Levinas’s position to nonetheless show how these different normative relations can be fitted together into a stable position. (shrink)

Are counterfactuals with true antecedents and consequents automatically true? That is, is Conjunction Conditionalization: if (X & Y), then (X > Y) valid? Stalnaker and Lewis think so, but many others disagree. We note here that the extant arguments for Conjunction Conditionalization are unpersuasive, before presenting a family of more compelling arguments. These arguments rely on some standard theorems of the logic of counterfactuals as well as a plausible and popular semantic claim about certain semifactuals. Denying Conjunction Conditionalization, then, (...) requires rejecting other aspects of the standard logic of counterfactuals, or else our intuitive picture of semifactuals. (shrink)

I formulate a counterfactual version of the notorious 'Ramsey Test'. Whereas the Ramsey Test for indicative conditionals links credence in indicatives to conditional credences, the counterfactual version links credence in counterfactuals to expected conditional chance. I outline two forms: a Ramsey Identity on which the probability of the conditional should be identical to the corresponding conditional probabihty/expectation of chance; and a Ramsey Bound on which credence in the conditional should never exceed the latter.Even in the weaker, bound, form, the counterfactual (...) Ramsey Test makes counterfactuals subject to the very argument that Lewis used to argue against the indicative version of the Ramsey Test. I compare the assumptions needed to run each, pointing to assumptions about the time-evolution of chances that can replace the appeal to Bayesian assumptions about credence update in motivating the assumptions of the argument.I finish by outlining two reactions to the discussion: to indicativize the debate on counterfactuals; or to counterfactualize the debate on indicatives. (shrink)

This paper provides an overview of the history of the notion of essence in 20th century analytic philosophy, focusing on views held by influential analytic philosophers who discussed, or relied on essence or cognate notions in their works. It in particular covers Russell and Moore’s different approaches to essence before and after breaking with British idealism, the (pre- and post-)logical positivists’ critique of metaphysics and rejection of essence (Wittgenstein, Carnap, Schlick, Stebbing), the tendency to loosen the notion of logical necessity (...) to accommodate certain metaphysical truths in Wittgenstein and others, Quine’s logical rehabilitation of metaphysics and criticism of de re modality, the modal view of essence promoted by the development of quantified modal logic (C. I. Lewis, Barcan Marcus, Kripke) and direct reference theory (Barcan Marcus, Kripke, Putnam), and the emergence of the notion of metaphysical necessity (Kneale, Kripke), and finally Fine’s re-establishment of a Neo-Aristotelian, hyperintensional notion of essence in contemporary metaphysics. (shrink)

John Hawthorne in a recent paper takes issue with Lewisian accounts of counterfactuals, when relevant laws of nature are chancy. I respond to his arguments on behalf of the Lewisian, and conclude that while some can be rebutted, the case against the original Lewisian account is strong.I develop a neo-Lewisian account of what makes for closeness of worlds. I argue that my revised version avoids Hawthorne’s challenges. I argue that this is closer to the spirit of Lewis’s first (non-chancy) (...) proposal than is Lewis’s own suggested modification. (shrink)

The late Robert Veatch, one of the United States’ founders of bioethics, never tired of reminding us that the paradigm-shifting contribution that bioethics made to patient care was to liberate patients out of the hands of doctors, who were traditionally seen to know best, even when they decidedly did not know best. It seems to us that with the advent of COVID-19, health policy has come full-circle on this. COVID-19 gave rise to a large number of purportedly “ethical” guidance documents (...) aiming to assist health care providers and practitioners with responding to the ethical challenges that might arise in their response to the pandemic. Ethics has two primary functions: provide clear action guidance, and provide clear action justification. The documents in question arguably reflect the ultimate policy triumph of bioethical “principlism”, and, perhaps surprisingly, as a corollary, the ultimate triumph of “doctor-knows-best”. (shrink)

Standard objections to the notion of a hedged, or ceteris paribus, law of nature usually boil down to the claim that such laws would be either 1) irredeemably vague, 2) untestable, 3) vacuous, 4) false, or a combination thereof. Using epidemiological studies in nutrition science as an example, I show that this is not true of the hedged law-like generalizations derived from data models used to interpret large and varied sets of empirical observations. Although it may be ‘in principle impossible’ (...) to construct models that explicitly identify all potential causal interferers with the relevant generalization, the view that our failure to do so is fatal to the very notion of a cp-law is plausible only if one illicitly infers metaphysical impossibility from epistemic impossibility. I close with the suggestion that a model-theoretic approach to cp-laws poses a problem for recent attempts to formulate a Mill-Ramsey-Lewis theory of cp-laws. (shrink)

In recent work Mary Kate McGowan presents an account of oppressive speech inspired by David Lewis's analysis of conversational kinematics. Speech can effect identity-based oppression, she argues, by altering 'the conversational score', which is to say, roughly, that it can introduce presuppositions and expectations into a conversation, and thus determine what sort of subsequent conversational 'moves' are apt, correct, felicitous, etc., in a manner that oppresses members of a certain group (e.g. because the suppositions and expectations derogate or demean (...) members of that group). In keeping with the Lewisian picture, McGowan stresses the asymmetric pliability of conversational scores. She argues that it is easier to introduce (for example) sexist presuppositions and expectations into a conversation than it is to remove them. Responding to a sexist remark, she thus suggests, is like trying to "unring a bell". I begin by situating McGowan's work in the wider literature on speech and social hierarchy, and explaining how her account of oppressive speech improves upon the work of others in its explication of the relationship between individuals' verbal conduct and structurally oppressive social arrangements. I then propose an explanation and supportive elaboration of McGowan's claims about the asymmetric pliability of conversations involving identity-oppressive speech. Rather than regarding such asymmetry as a sui generis phenomenon, I show how we can understand it as a consequence of a more general asymmetry between making things salient and un-salient in speech, and I show how this asymmetry also operates in various cases that interested Lewis. (shrink)

Divers (2014) argues that a Lewisian theory of modality which includes both counterpart theory and modal realism cannot account for the truth of certain intuitively true modal sentences involving cross-world comparatives. The main purpose of this paper is to defend the Lewisian theory against Divers’s challenge by developing a response strategy based on a degree-theoretic treatment of comparatives and by showing that this treatment is compatible with the theory.

If one believes that vagueness is an exclusively representational phenomenon, one faces the problem of the many. In the vicinity of Kilimanjaro, there are many many ‘mountain candidates’ all, apparently, with more-or-less equal claim to be mountains. David Lewis has defended a radical claim: that all the billions of mountain candidates are mountains. This paper argues that the supervaluationist about vagueness should adopt Lewis’ proposal, on pain of losing their best explanation of the seductiveness of the sorites.

In order to develop his pragmatist and inferentialist framework, Robert Brandom appropriates, reconstructs and revises key themes in German Idealism such as the self-legislation of norms, the social institution of concepts and facts, a norm-oriented account of being and the critique of representationalist accounts of meaning and truth. However, these themes have an essential ethical dimension, one that Brandom has not explicitly acknowledged. For Hegel, the determination of norms and facts and the institution of normative statuses take place in the (...) context of Sittlichkeit (‘ethical life’). By engaging with some of the more ontologically and ethically substantive points raised by Hegel, I argue that, from a Hegelian perspective, Brandom’s project regarding the social determination of truth and meaning cannot be divorced from ethics, specifically, the ethical dimension of social recognition. Furthermore, I argue that, in real situations (as opposed to ideal ones), claims to normative authority cannot be considered independently from the legitimacy of those claims, a legitimacy that Brandom is unable to reasonably explain. Finally, I argue that a Hegelian solution to the problems facing Brandom’s framework calls into question the unity of reason that is at the core of Brandom’s normative pragmatics and inferential semantics. (shrink)

This paper explores the interaction of well-motivated (if controversial) principles governing the probability conditionals, with accounts of what it is for a sentence to be indefinite. The conclusion can be played in a variety of ways. It could be regarded as a new reason to be suspicious of the intuitive data about the probability of conditionals; or, holding fixed the data, it could be used to give traction on the philosophical analysis of a contentious notion—indefiniteness. The paper outlines the various (...) options, and shows that ‘rejectionist’ theories of indefiniteness are incompatible with the results. Rejectionist theories include popular accounts such as supervaluationism, non-classical truth-value gap theories, and accounts of indeterminacy that centre on rejecting the law of excluded middle. An appendix compares the results obtained here with the ‘impossibility’ results descending from Lewis ( 1976 ). (shrink)

The metaphysics of representation poses questions such as: in virtue of what does a sentence, picture, or mental state represent that the world is a certain way? In the first instance, I have focused on the semantic properties of language: for example, what is it for a name such as ‘London’ to refer to something? Interpretationism concerning what it is for linguistic expressions to have meaning, says that constitutively, semantic facts are fixed by best semantic theory. As here developed, it (...) promises to give a reductive, universal and non-revisionary account of the nature of linguistic representation. -/- Interpretationism in general, however, is threatened by severe internal tension, due to arguments for radical inscrutability. These contend that, given the interpretationist setting, there can be no fact of the matter what object an individual word refers to: for example, that there is no fact of the matter as to whether “London” refers to London or to Sydney. -/- A series of challenges emerge, forming the basis for this thesis. 1. What sort of properties is the interpretationist trying to reduce, and what kind of reductive story is she offering? 2. How are inscrutability theses best formulated? Are arguments for inscrutability effective in their own terms? What kinds of inscrutability arise? 3. Is endorsing radical inscrutability a stable position? 4. Are there theoretical virtues—such as simplicity—that can be appealed to in discrediting the rival (empirically equivalent) theories that underpin inscrutability arguments? -/- In addressing these questions, I concentrate on diagnosing the source of inscrutability, mapping the space of ways of resisting the arguments for radical inscrutability, and examining the challenges faced in developing a principled account of linguistic content that avoids radical inscrutability. -/- The effect is not to close down the original puzzles, but rather to sharpen them into a set of new and deeper challenges. (shrink)

Inscrutability arguments threaten to reduce interpretationist metasemantic theories to absurdity. Can we find some way to block the arguments? A highly influential proposal in this regard is David Lewis’ ‘ eligibility ’ response: some theories are better than others, not because they fit the data better, but because they are framed in terms of more natural properties. The purposes of this paper are to outline the nature of the eligibility proposal, making the case that it is not ad hoc, (...) but instead flows naturally from three independently motivated elements; and to show that severe limitations afflict the proposal. In conclusion, I pick out the element of the eligibility response that is responsible for the limitations: future work in this area should therefore concentrate on amending this aspect of the overall theory. (shrink)

Lewis (1973) gave a short argument against conditional excluded middle, based on his treatment of ‘might’ counterfactuals. Bennett (2003), with much of the recent literature, gives an alternative take on ‘might’ counterfactuals. But Bennett claims the might-argument against CEM still goes through. This turns on a specific claim I call Bennett’s Hypothesis. I argue that independently of issues to do with the proper analysis of might-counterfactuals, Bennett’s Hypothesis is inconsistent with CEM. But Bennett’s Hypothesis is independently objectionable, so we (...) should resolve this tension by dropping the Hypothesis, not by dropping CEM. (shrink)

Revisionary theories of logic or truth require revisionary theories of mind. This essay outlines nonclassically based theories of rational belief, desire, and decision making, singling out the supervaluational family for special attention. To see these nonclassical theories of mind in action, this essay examines a debate between David Lewis and Derek Parfit over what matters in survival. Lewis argued that indeterminacy in personal identity allows caring about psychological connectedness and caring about personal identity to amount to the same (...) thing. The essay argues that Lewis's treatment of two of Parfit's puzzle cases—degreed survival and fission—presuppose different nonclassical treatments of belief and desire. (shrink)

Existing metasemantic projects presuppose that word- (or sentence-) types are part of the non-semantic base. We propose a new strategy: an endogenous account of word types, that is, one where word types are fixed as part of the metasemantics. On this view, it is the conventions of truthfulness and trust that ground not only the meaning of the words (meaning by convention) but also what the word type is of each particular token utterance (words by convention). The same treatment extends (...) to identifying the populations through which the conventions prevail. We consider whether this proposal leads to new underdetermination challenges for metasemantics, and make a case that it does not. (shrink)

Bryne & Hajek (1997) argue that Lewis’s (1988; 1996) objections to identifying desire with belief do not go through if our notion of desire is ‘causalized’ (characterized by causal, rather than evidential, decision theory). I argue that versions of the argument go through on certain assumptions about the formulation of decision theory. There is one version of causal decision theory where the original arguments cannot be formulated—the ‘imaging’ formulation that Joyce (1999) advocates. But I argue this formulation is independently (...) objectionable. If we want to maintain the desire as belief thesis, there’s no shortcut through causalization. (shrink)

Robert Sinclair’s *Quine, Conceptual Pragmatism, and the Analytic-Synthetic Distinction* persuasively argues that Quine’s epistemology was deeply influenced by C. I. Lewis’s pragmatism. Sinclair’s account raises the question why Quine himself frequently downplayed Lewis’s influence. Looking back, Quine has always said that Rudolf Carnap was his “greatest teacher” and that his 1933 meeting with the German philosopher was his “first experience of sustained intellectual engagement with anyone of an older generation” (1970, 41; 1985, 97-8, my emphasis). Quine’s autobiographies contain (...) only a handful of biographical references to Lewis and he regularly soft-pedaled the latter’s influence in private correspondence. In this note, I discuss some archival evidence that helps us better understand Quine’s reluctance to acknowledge Lewis’s influence. I contextualize the relation between Lewis and Quine and argue that the latter viewed his teacher as a retrograde force in modern epistemology, impeding the more rigorous approach that Carnap had been developing in Europe. Next, I briefly discuss Lewis’s contribution to the development of scientific philosophy in the United States and argue that Quine underestimated his teacher’s role in this process. In doing so, I hope to show that Quine’s zealous commitment to Carnap’s approach negatively affected his assessment of Lewis’s influence, thereby supplementing Sinclair’s praiseworthy reconstruction with an explanation of why Quine himself underestimated Lewis’s role. (shrink)

In this broad interview Robert Brandom talks about many themes concerning his work and about his career and education. Brandom reconstructs the main debts that he owes to colleagues and teachers, especially Wilfrid Sellars, Richard Rorty, and David Lewis, and talks about the projects he’s currently working on. He also talks about contemporary and classical pragmatism, and of the importance of classical thinkers like Kant and Hegel for contemporary debates. Other themes go deeper into the principal topics of his (...) theoretical work – in particular, his later understanding of expressivism, his take on the debate between representationalists and anti-representationalists in semantics, the main open problems for his wide inferentialist project, and his methodological preference for the normative vocabulary in his account of discursive practice. Finally, Brandom touches on the epistemic role of perception and on his views about the importance of the phenomenological aspects of perceptual experience. (shrink)

The impressive variation amongst biological individuals generates many complexities in addressing the simple-sounding question what is a biological individual? A distinction between evolutionary and physiological individuals is useful in thinking about biological individuals, as is attention to the kinds of groups, such as superorganisms and species, that have sometimes been thought of as biological individuals. More fully understanding the conceptual space that biological individuals occupy also involves considering a range of other concepts, such as life, reproduction, and agency. There has (...) been a focus in some recent discussions by both philosophers and biologists on how evolutionary individuals are created and regulated, as well as continuing work on the evolution of individuality. (shrink)

This paper offers an overview of "the species problem", arguing for a view of species as homeostatic property cluster kinds, positioning the resulting form of realism about species as an alternative to the claim that species are individuals and pluralistic views of species. It draws on taxonomic practice in the neurosciences, especially of neural crest cells and retinal ganglion cells, to motivate both the rejection of the species-as-individuals thesis and species pluralism.

This paper explores the relationship between eugenics, disability, and dehumanization, with a focus on forms of eugenics beyond Nazi eugenics.

Are interpersonal comparisons of desire possible? Can we give an account of how facts about desires are grounded, that underpins such comparisons? This paper supposes the answer to the first question is yes, and provides an account of the nature of desire that explains how this is so. The account is a modification of the interpretationist metaphysics of representation that the author has recently been developing. The modification is to allow phenomenological affective valence into the “base facts” on which correct (...) interpretation is grounded. To use this extra resource within that theory to vindicate interpersonal comparisons, we will need to appeal rational connections between level of valence and level of desire, which this paper sets out and examines. (shrink)

Drawing on a passage from Ramsey's Truth and Probability, we formulate a simple, plausible constraint on evaluating the accuracy of credences: the Calibration Test. We show that any additive, continuous accuracy measure that passes the Calibration Test will be strictly proper. Strictly proper accuracy measures are known to support the touchstone results of accuracy-first epistemology, for example vindications of probabilism and conditionalization. We show that our use of Calibration is an improvement on previous such appeals by showing how it answers (...) or sidesteps problems that have been raised for previous work in this area. (shrink)

In the good old days, when general philosophy of science ruled the Earth, a simple division was often invoked to talk about philosophical issues specific to particular kinds of science: that between the natural sciences and the social sciences. Over the last 20 years, philosophical studies shaped around this dichotomy have given way to those organized by more fine-grained categories, corresponding to specific disciplines, as the literatures on the philosophy of physics, biology, economics and psychology--to take the most prominent four (...) examples--have blossomed. In general terms, work in each of these areas has become increasingly enmeshed with that in the corresponding science itself, increasingly naturalistic (in at least one sense of that term), and in my view, increasingly interesting. (shrink)

If the world itself is metaphysically indeterminate in a specified respect, what follows? In this paper, we develop a theory of metaphysical indeterminacy answering this question.

The what next question for moral error theorists asks: if moral discourse is systematically error-ridden, then how, if at all, should moral error theorists continue to employ moral discourse? Recent years have seen growing numbers of moral error theorists come to endorse a wider normative error theory according to which all normative judgements are untrue. But despite this shift, the what next question for normative error theorists has received far less attention. This paper presents a novel solution to this question: (...) revolutionary normative subjectivism. Along the way, two primary contributions are advanced. First, a non-normative methodology for answering the normative error theoretic what next question is developed. Second, revolutionary normative subjectivism is presented and defended in accordance with the proposed methodology. (shrink)

A common compatibilist view says that we are free and morally responsible in virtue of the ability to respond aptly to reasons. Many hold a version of this view despite disagreement about whether free will requires the ability to do otherwise. The canonical version of this view is reductive. It reduces the pertinent ability to a set of modal properties that are more obviously compatible with determinism, like dispositions. I argue that this and any reductive view of abilities faces a (...) significant challenge: it cannot adequately explain the freedom-grounding element of this ability. The problem has the form of a dilemma. This leaves reasons-responsive compatibilists with two options: abandon theories of free will grounded in abilities or abandon reductive theories of abilities. (shrink)

In this paper I begin by explaining what epistemic injustice is and what ordinary language philosophy is. I then go on to ask why we might doubt the usefulness of ordinary language philosophy in examining epistemic injustice. In the first place, we might wonder how ordinary language philosophy can be of use, given that many of the key terms used in discussing epistemic injustice, including ‘epistemic injustice’ itself, are not drawn from our ordinary language. We might also have doubts about (...) the usefulness of ordinary language philosophy in this area, given ordinary language philosophers’ aversion to theory. Finally, we might have doubts about the usefulness of ordinary language philosophy due to the fact that the study of epistemic injustice is clearly a study of practical matters concerning the way the world is and has been historically. If ordinary language philosophy is just concerned with grammar, what use can it be to practical and social philosophy concerning current issues? In response to these worries, I demonstrate the usefulness of ordinary language philosophy in practice by applying the insights of Ludwig Wittgenstein and Alan R. White to a problem that Miranda Fricker raises, but does not answer: about whether there is a confidence condition on knowledge. I also make use of Gilbert Ryle's distinction between ‘the use of ordinary language’ and ‘the ordinary use of an expression’ to show that the terminology used in examining epistemic injustice is ordinary in some sense. (shrink)

The world of artificial intelligence appears to be in rapid transition, and claims that artificial general intelligence is impossible are competing with concerns that we may soon be seeing Artificial Godlike Intelligence and that we should be very afraid of this prospect. This article discusses the issues from a psychological and social perspective and suggests that with the advent of Generative Artificial Intelligence, something that looks to humans like Artificial General Intelligence has become a distinct possibility as is the idea (...) of making it semi-autonomous: not just responding to discrete external inputs or performing specific tasks but able to prompt itself to create an ongoing stream of cognition that can possess something akin to a ‘purpose’. Add to that the ability of computers to be connected in vast networks, and we can envisage intelligences with staggering amounts of knowledge and reasoning capability, engaging with humans to anticipate and grant wishes. Such Semi-Autonomous Godlike Artificial Intelligences (SAGAIs—meaning ‘engagements’ in Hindi) could end up like Kali, wreaking death and destruction on our species or like Thor, acting as a saviour and protector of humanity. Which of these our SAGAIs most resemble could depend on whose wishes it is designed to serve: a rich oligarchy seeking ever greater wealth and power whatever the cost to others, or a populace that has compassion for each other and for life on the planet. (shrink)

In a well-known apocryphal story, Theresa of Avila falls off the donkey she was riding, straight into mud, and injures herself. In response, she seems to blame God for her fall. A playful if indignant back and forth ensues. But this is puzzling. Theresa should never think that God is blameworthy. Why? Apparently, one cannot blame what one worships. For to worship something is to show it a kind of reverence, respect, or adoration. To worship is, at least in part, (...) to praise. You cannot praise and blame simultaneously. Indeed, Paul counsels against “back-talk” against God, suggesting we lack the standing to blame our creator (Romans 9:20). Drawing on Strawsonian theorizing about praise and blame, this paper argues that, surprisingly, a person can both blame and worship God. Although blameful worship is possibly epistemically akratic, it may sometimes be acceptable given our nature as finite, emotional beings. In fact, blaming God might on occasion be the only way we have to stand with God’s goodness despite apparent evidence of evil in the world. This suggestion, I’ll argue, should change the way we think about the problem of evil. The problem has interpersonal and moral psychological dimensions that merit serious attention. (shrink)

This paper articulates and responds to a challenge to contemporary compatibilist views of free will. Despite the popularity and appeal of compatibilist theories, many are left with lingering doubts about compatibilism. This paper explains this doubt in terms of the absurdity challenge: because a compatibilist accepts that they do not have causal access to all the actual sufficient causal sources of their own agency, the compatibilist can find their own agency absurd. By taking a cue from political philosophy, this paper (...) argues that a non-ideal construction of the problem of free will allows compatibilists to overcome this existential-metaphysical challenge, and by doing so, perhaps adopt a metaphysically progressive picture of human agency. (shrink)

Second part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the last sections of the original paper. || Segunda parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a últimas secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...) apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature. (shrink)

If I were asked to put forward an ethical principle which I considered to be especially certain, it would be that no one can be responsible, in the properly ethical sense, for the conduct of another. Responsibility belongs essentially to the individual. The implications of this principle are much more far-reaching than is evident at first, and reflection upon them may lead many to withdraw the assent which they might otherwise be very ready to accord to this view of responsibility. (...) But if the difficulties do appear to be insurmountable, and that, very certainly, does not seem to me to be the case, then the proper procedure will be, not to revert to the barbarous notion of collective or group responsibility, but to give up altogether the view that we are accountable in any distinctively moral sense. (shrink)

Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

What is it to be mentally healthy? In the ongoing movement to promote mental health, to reduce stigma, and to establish parity between mental and physical health, there is a clear enthusiasm about this concept and a recognition of its value in human life. However, it is often unclear what mental health means in all these efforts and whether there is a single concept underlying them. Sometimes, the initiatives for the sake of mental health are aimed just at reducing mental (...) illness, thus implicitly identifying mental health with the absence of diagnosable psychiatric disease. More ambitiously, there are high-profile proposals to adopt a positive definition, identifying mental health with psychic or even overall well-being. We argue against both: a definition of mental health as mere absence of mental illness is too thin, too undemanding, and too closely linked to psychiatric value judgments, while the definition in terms of well-being is too demanding and potentially oppressive. As a compromise, we sketch out a middle position. On this view, mental health is a primary good, that is, the psychological preconditions of pursuing any conception of the good life, including well-being, without being identical to well-being. (shrink)

ABSTRACT A thriving project in contemporary epistemology concerns identifying and explicating the epistemic virtues. Although there is little sustained argument for this claim, a number of prominent sources suggest that curiosity is an epistemic virtue. In this paper, I provide an account of the virtue of curiosity. After arguing that virtuous curiosity must be appropriately discerning, timely and exacting, I then situate my account in relation to two broader questions for virtue responsibilists: What sort of motivations are required for epistemic (...) virtue? And do epistemic virtues need to be reliable? I will sketch an account on which curiosity is only virtuous when rooted in a non-instrumental appreciation of epistemic goods, before arguing that curiosity can exhibit intellectual virtue irrespective of whether one is reliable in satisfying it. (shrink)

Does consciousness survive bodily death? This question remains a profound, perennial mystery. Although scientific studies have focused on out-of-body experiences (OBEs) and near-death experiences (NDEs), there is scant evidence to support the claim that consciousness survives death. Many speculative theories state that consciousness moves through various afterlife realities. Tantalizing clues are found in world religion, esoteric philosophy, extrasensory perception, hypnotic regression, and scientific experimentation. At the present time, there is an abundance of theoretical scholarly discourse on the topic of “survival.” (...) After 60 years of NDE research, common ground has been established from NDEers’ anecdotal evidence and perceptual experiences. (shrink)

Criminal juries make decisions of great importance. A key criticism of juries is that they are unreliable in a multitude of ways, from exhibiting racial or gendered biases, to misunderstanding their role, to engaging in impropriety such as internet research. Recently, some have even claimed that the use of juries creates injustice on a large-scale, as a cause of low conviction rates for sexual criminality. Unfortunately, empirical research into jury deliberation is undermined by the fact that researchers are unable to (...) study live juries. The indirect sources of evidence used by researchers suffer from various problems, the most important of which is dubious levels of ecological validity. Real jury research—studying live jury deliberation—is controversial. However, as I argue, the objections to it are unconvincing. There is in fact a moral imperative to facilitate real jury research. (shrink)

Recent work takes both philosophical and scientific progress to consist in acquiring factive epistemic states such as knowledge. However, much of this work leaves unclear what entity is the subject of these epistemic states. Furthermore, by focusing only on states like knowledge, we overlook progress in intermediate cases between ignorance and knowledge—for example, many now celebrated theories were initially so controversial that they were not known. -/- This paper develops an improved framework for thinking about intellectual progress. Firstly, I argue (...) that we should think of progress relative to the epistemic position of an intellectual community rather than individual inquirers. Secondly, I show how focusing on the extended process of inquiry (rather than the mere presence or absence of states like knowledge) provides a better evaluation of different types of progress. This includes progress through formulating worthwhile questions, acquiring new evidence, and increasing credence on the right answers to these questions. I close by considering the ramifications for philosophical progress, suggesting that my account supports rejecting the most negative views while allowing us to articulate different varieties of optimism and pessimism. (shrink)

I argue that traditional views on which beliefs are subject only to purely epistemic assessment can reject demographic profiling, even when based on seemingly robust evidence. This is because the moral failures involved in demographic profiling can be located in the decision not to suspend judgment, rather than supposing that beliefs themselves are a locus of moral evaluation. A key moral reason to suspend judgment when faced with adverse demographic evidence is to promote social equality—this explains why positive profiling is (...) dubious, along with more familiar cases of negative profiling, and why profiling is suspect even when no particular action is at stake. My suspension-based view, while compatible with revisionary normative positions, does not presuppose them. Philosophers of all stripes can reject demographic profiling both in thought and deed. (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

The concept of the analyst's presence gained attention almost 60 years ago through the writings of the French analyst Sacha Nacht and the Hungarian-British Michael Balint. Anna Freud earlier spoke of the related, but rather ambiguous term "real person of the analyst," which has been widely discussed by many authors since. Both terms- presence and real person- appear frequently in the psychoanalytic literature, usually without much definition or conceptual clarity. Authors have used them in different ways, but in general their (...) intention has been to contrast the analyst's reality as a person with his function as a transference and fantasy object, perhaps as a corrective to the perceived austerity of the classical « one-person » model. Lacan's work represents an exception in attempting to escape the dialectic between intra and inter-psychic, but at the cost of eliminating the influence of the analyst as another subject. In contrast to metapsychologic theories of the mind, the author argues that "real presence" can be better understood as part of the phenomenologic experience of intersubjectivity, The co-presence of the analyst is fundamental to the encounter, rather than an accidental or intentional disruption. (shrink)

Jury science is fraught with difficulty. Since legal and institutional hurdles render it all but impossible to study live criminal jury deliberation, researchers make use of various indirect methods to evaluate jury performance. But each of these methods are open to methodological criticism and, strikingly, some of the highest-profile jury research programmes in recent years have reached opposing conclusions. Uncertainty about jury performance is an obstacle for legal reform—ongoing debates about the ‘justice gap’ for complainants of sexual offences has rendered (...) these problems stark. This paper proposes a way to advance the debate. (shrink)

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...) incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

Legal epistemology has been an area of great philosophical growth since the turn of the century. But recently, a number of philosophers have argued the entire project is misguided, claiming that it relies on an illicit transposition of the norms of individual epistemology to the legal arena. This paper uses these objections as a foil to consider the foundations of legal epistemology, particularly as it applies to the criminal law. The aim is to clarify the fundamental commitments of legal epistemology (...) and suggest a way to vindicate it. (shrink)