We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution gap. This gap (...) arises from a mismatch between the human desire for retribution and the absence of appropriate subjects of retributive blame. I argue for the potential existence of this gap in an era of increased robotisation; suggest that it is much harder to plug this gap than it is to plug those thus far explored in the literature; and then highlight three important social implications of this gap. (shrink)

The advent of Generative AI, particularly through Large Language Models (LLMs) like ChatGPT and its successors, marks a paradigm shift in the AI landscape. Advanced LLMs exhibit multimodality, handling diverse data formats, thereby broadening their application scope. However, the complexity and emergent autonomy of these models introduce challenges in predictability and legal compliance. This paper analyses the legal and regulatory implications of Generative AI and LLMs in the European Union context, focusing on liability, privacy, intellectual property, and cybersecurity. It (...) examines the adequacy of the existing and proposed EU legislation, including the Artificial Intelligence Act (AIA), in addressing the challenges posed by Generative AI in general and LLMs in particular. The paper identifies potential gaps and shortcomings in the EU legislative framework and proposes recommendations to ensure the safe and compliant deployment of generative models. (shrink)

This paper defends the heretical view that, at least in some cases, we ought to assign legal liability based on purely statistical evidence. The argument draws on prominent civil law litigation concerning pharmaceutical negligence and asbestos-poisoning. The overall aim is to illustrate moral pitfalls that result from supposing that it is never appropriate to rely on bare statistics when settling a legal dispute.

Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

Are groups ever capable of bearing responsibility, over and above their individual members? This chapter discusses and defends the view that certain organized collectives – namely, those that qualify as group moral agents – can be held responsible for their actions, and that group responsibility is not reducible to individual responsibility. The view has important implications. It supports the recognition of corporate civil and even criminal liability in our legal systems, and it suggests that, by recognizing group agents as (...) loci of responsibility, we may be able to avoid “responsibility gaps” in some cases of collectively caused harms for which there is a shortfall of individual responsibility. The chapter further asks whether the view that certain groups are responsible agents commits us to the view that those groups should also be given rights of their own and gives a qualified negative answer. (shrink)

Complicity marks out a way that one person can be liable to sanctions for the wrongful conduct of another. After describing the concept and role of complicity in the law, I argue that much of the motivation for presenting complicity as a separate basis of criminal liability is misplaced; paradigmatic cases of complicity can be assimilated into standard causation-based accounts of criminal liability. But unlike others who make this sort of claim I argue that there is still room (...) for genuine complicity in the law and in morality. In defending this claim, I sketch an approach to complicity which grounds our liability for what others do not in our causal relation to their actions but in our “agency-relations” with others. In such cases, one agent can be liable for the wrongs of second agent to the extent that first authorizes the second to act at her behest. This approach fills the gap where standard causation-based accounts of complicity fail – especially in where several agents cooperatively contribute to an overdetermined harm. (shrink)

The aim of this exploratory paper is to review an under-appreciated parallel between group agency and artificial intelligence. As both phenomena involve non-human goal-directed agents that can make a difference to the social world, they raise some similar moral and regulatory challenges, which require us to rethink some of our anthropocentric moral assumptions. Are humans always responsible for those entities’ actions, or could the entities bear responsibility themselves? Could the entities engage in normative reasoning? Could they even have rights and (...) a moral status? I will tentatively defend the (increasingly widely held) view that, under certain conditions, artificial intelligent systems, like corporate entities, might qualify as responsible moral agents and as holders of limited rights and legal personhood. I will further suggest that regulators should permit the use of autonomous artificial systems in high-stakes settings only if they are engineered to function as moral (not just intentional) agents and/or there is some liability-transfer arrangement in place. I will finally raise the possibility that if artificial systems ever became phenomenally conscious, there might be a case for extending a stronger moral status to them, but argue that, as of now, this remains very hypothetical. (shrink)

Pardon powers are common but difficult to justify. A pardon power is, roughly, a power that is (a) possessed by a non-judicial official, (b) used to cancel legal liability to a criminal sanction in a particular case without thereby altering the law, and (c) unconstrained by law. So defined, pardon powers seem to be at odds with two constitutional principles. Contrary to the separation of powers, the pardon power gives to someone other than a judge a decisive role in (...) determining criminal liability in particular cases. Contrary to the rule of law, the pardon power is neither constrained nor ruled by law. -/- Here I provide a novel defence of pardon powers, in three steps. First, even an optimal legal code requires suboptimal results in some cases. In such cases there is a “gap” between what is required by the code we should have and what we should do absent that code. Adhering to the code in every gap case is undesirable: while it would avoid suboptimal results, it would create too much unpredictability. Deviating from the code in every gap case is also undesirable: while it would ensure predictability, it would produce too many suboptimal results. The best strategy is to adhere in some cases and to deviate in others, that is, to selectively deviate. The most important thing about selective deviation is that it leads to like cases being treated differently. This is the second step in the argument. Third, pardon powers are an appropriate vehicle for selective deviation. Selective deviation calls for a power that can be used to set aside the code without changing it. It calls for a power that can be used inconsistently. Moreover, it calls for a power that is not in the hands of a body institutionally disposed towards consistency in decision-making, such as the judiciary. That is, it requires a power with features (a)-(c) – a pardon power. -/- This argument overcomes the various objections to pardon powers. Contrary to the objection from the separation of powers, selective deviation is a task better carried out by non-judicial officials. Contrary to the objection from the rule of law, a power of selective deviation must be unconstrained to preserve the law’s guiding function. Overall, the features of pardon powers that seemed to be in tension with the separation of powers and the rule of law turn out to be favoured by those same principles. (shrink)

India is a party to several international laws which speak of the duty to prosecute, investigate, and punish crimes. In light of India’s commitments to international law, the scope of its criminal laws appears to be failing on several counts. The following are a few general and specific recommendations for penal law reforms in India. These have been framed in light of several international developments, international laws, and relevant Indian laws and judgments. The recommendations concern the following themes: 1. gaps (...) in criminal law, 2. harmonization of standards 3. liabilities for derogations from fundamental duties (cultural heritage), and 4. a project for decolonization. (shrink)

Mobsters and others engaged in risky forms of social coordination and coercion often communicate by saying something that is overtly innocuous but transmits another message ‘off record’. In both ordinary conversation and political discourse, insinuation and other forms of indirection, like joking, offer significant protection from liability. However, they do not confer blanket immunity: speakers can be held to account for an ‘off record’ message, if the only reasonable interpreta- tions of their utterance involve a commitment to it. Legal (...) liability for speech in the service of criminal behavior displays a similar profile of significant protection from indirection along with potential liability for reasonable interpretations. Specifically, in both ordinary and legal contexts, liability depends on how a reasonable speaker would expect a reasonable hearer to interpret their utterance in the context of utter- ance, rather than on the actual speaker’s claimed communicative intentions. (shrink)

According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...) rights of innocent people ("collateral damage"), these combatants are in fact liable to attack by the combatants on the unjustified side. I will support this view with a rights-based account of liability to attack and then defend it against a number of objections raised in particular by Jeff McMahan. The result is that the thesis of the moral equality of combatants holds good for a large range of armed conflicts while the opposing thesis is of very limited practical relevance. (shrink)

Jeff McMahan has argued against the moral equivalence of combatants (MEC) by developing a liability-based account of killing in warfare. On this account, a combatant is morally liable to be killed only if doing so is an effective means of reducing or eliminating an unjust threat to which that combatant is contributing. Since combatants fighting for a just cause generally do not contribute to unjust threats, they are not morally liable to be killed; thus MEC is mistaken. The problem, (...) however, is that many unjust combatants contribute very little to the war in which they participate—often no more than the typical civilian. Thus either the typical civilian is morally liable to be killed, or many unjust combatants are not morally liable to be killed. That is, the liability based account seems to force us to choose between a version of pacifism, and total war. Seth Lazar has called this “The Responsibility Dilemma”. But I will argue that we can salvage a liability-based account of war—one which rejects MEC—by grounding the moral liability of unjust combatants not only in their individual contributions but also in their complicit participation in that war. On this view, all enlistees, regardless of the degree to which they contribute to an unjust war, are complicitously liable to be killed if it is necessary to avert an unjust threat posed by their side. This collectivized liability based account I develop avoids the Responsibility Dilemma unlike individualized liability-based accounts of the sort developed by McMahan. (shrink)

The paper considers the proper method for theorizing about criminal jurisdiction. It challenges a received understanding of how to substantiate the right to punish, and articulates an alternative account of how that theoretical task is properly conducted. The received view says that a special relationship is the ground of a tribunal’s authority to prosecute and, hence, that a normative theory of that authority is faced with identifying a distinctive relation. The alternative account locates prosecutorial standing on an institution’s capacity to (...) address the basic reasons generating criminal liability. This reframes the normative issues at stake, and has the result that various, perhaps quite heterogeneous, considerations can substantiate penal authority. It also eliminates the existence of a special relation as a necessary condition for legitimate criminal accountability. The argument proceeds by offering an analysis and account of universal jurisdiction. Not only does the alternative elegantly perform where the received view struggles, it can accommodate much of what motivates the pursuit of relational ties in existing efforts to vindicate jurisdictional conclusions. (shrink)

McMahan argues that justification defeats liability to defensive attack (which would undermine the thesis of the "moral equality of combatants"). In response, I argue, first, that McMahan’s attempt to burden the contrary claim with counter-intuitive implications fails; second, that McMahan’s own position implies that the innocent civilians do not have a right of self-defense against justified attackers, which neither coheres with his description of the case (the justified bombers infringe the rights of the civilians) nor with his views about (...) rights forfeiture, is unsupported by independent argument, and, in any case, extremely implausible and counter-intuitive; and third, that his interpretation of the insulin case confuses the normative relations between an agent’s justification and non-liability on the one hand and permissible or impermissible interference with the agent’s act on the other. Similar confusions, fourth, affect his discussion of liability to compensation. (shrink)

The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this paper, (...) I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong – there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof. (shrink)

A minimally responsible threatener is someone who bears some responsibility for imposing an objectively wrongful threat, but whose responsibility does not rise to the level of culpability. Minimally responsible threateners include those who knowingly commit a wrongful harm under duress, those who are epistemically justified but mistaken in their belief that a morally risky activity will not cause a wrongful harm, and those who commit a harm while suffering from a cognitive impairment which makes it prohibitively difficult to recognize and (...) act on what is morally required of them. The chapter argues that minimally responsible threateners can indeed be morally liable for the harms they impose. Put differently, culpability is not a necessary basis for liability. (shrink)

Miranda Fricker’s insightful work on epistemic injustice discusses two forms of epistemic injustice—testimonial injustice and hermeneutical injustice. Hermeneutical injustice occurs when the victim lacks the interpretative resources to make sense of her experience, and this lacuna can be traced down to a structural injustice. In this paper, I provide one model of how to fill the conceptual gap in hermeneutical injustice. First, I argue that the victims possess conceptual resources to make sense of their experiences, namely phenomenal concepts. Second, I (...) show how one might work the way up in a two-step process from a subjective, phenomenal concept to a novel, public concept. Finally, I discuss the conditions that have to be met for this process to be successful. The resulting model shows a way how the victims might alleviate hermeneutical injustice by developing novel concepts, given that the dominant group does not care about their predicament. (shrink)

Those of us who are not pacifists face an obvious challenge. Common-sense morality contains a stringent constraint on intentional killing, yet war involves homicide on a grand scale. If wars are to be morally justified, it needs be shown how this conflict can be reconciled. A major fault line running throughout the contemporary just war literature divides two approaches to attempting this reconciliation. On a ‘reductivist’ view, defended most prominently by Jeff McMahan, the conflict is largely illusory, since such killing (...) can be justified by aggregating individuals’ ordinary permissions to use force in self- and other-defence. In opposition, a rival ‘nonreductivist’ approach holds that these considerations are insufficient for the task. One prominent version of non-reductivism grounds the permission to kill in combatants’ membership in certain kinds of group or association. The key claim is that participation in certain morally important relationships can provide an independent source of permission for killing in war. This paper argues that non-reductivism should be rejected. It does so by pushing a dilemma onto non-reductivists: if they are successful in showing that the relevant relationships can generate permissions to kill in war, they must also jettison the most intuitive restrictions on conduct in war—the constraint on intentionally killing morally innocent non-combatants most saliently. Since this conclusion is unacceptable, non-reductivism should be rejected. (shrink)

Danaher (2016) has argued that increasing robotization can lead to retribution gaps: Situation in which the normative fact that nobody can be justly held responsible for a harmful outcome stands in conflict with our retributivist moral dispositions. In this paper, we report a cross-cultural empirical study based on Sparrow’s (2007) famous example of an autonomous weapon system committing a war crime, which was conducted with participants from the US, Japan and Germany. We find that (i) people manifest a considerable willingness (...) to hold autonomous systems morally responsible, (ii) partially exculpate human agents when interacting with such systems, and that more generally (iii) the possibility of normative responsibility gaps is indeed at odds with people’s pronounced retributivist inclinations. We discuss what these results mean for potential implications of the retribution gap and other positions in the responsibility gap literature. (shrink)

David McCarthy has recently suggested that our compensation and liability practices may be interpreted as reflecting a fundamental norm to hold people liable for imposing risk of harm on others. Independently, closely related ideas have been criticised by Stephen R. Perry and Arthur Ripstein as incompatible with central features of negligence law. We aim to show that these objections are unsuccessful against McCarthy’s Risk–liability theory, and that such an approach is a promising means both for understanding the moral (...) basis of liability for negligence and for reasoning about possible reforms of the institution of negligence law. (shrink)

Berkeley doesn't use the Time-Gap Argument, as Leibniz does, to prove either that we immediately see only ideas or that we see physical objects mediately. It may be doubted whether he was even aware of the time-gap problem that gives rise to the argument. But certain passages in the Three Dialogues and elsewhere suggest that Berkeley would have had cogent answers to anyone who claimed that this argument, construed as being in aid of the conclusion that we only perceive ideas, (...) is unsound. Discussing points made by Bertil Belfrage, Len Carrier, John Foster, A. C. Grayling, Howard Robinson, A. D. Smith, Tom Stoneham, and Colin Turbayne, I try to show that the Time-Gap Argument can be expanded into a strong argument for Berkeleian Idealism. I also idnicate how the latter provides a solution to J. J. Valberg's "puzzle of experience" and disarms James Cornman's argument in Perception, Common Sense, and Science that Berkeley, too, faces a time-gap problem. (shrink)

An influential view in the ethics of self-defence is that causal responsibility for an unjust threat is a necessary requirement for liability to defensive harm. In this article, I argue against this view by providing intuitive counterexamples and by revealing weaknesses in the arguments offered in its favour. In response, adherents of the causal view have advanced the idea that although causally inefficacious agents are not liable to defensive harm, the fact that they may deserve harm can justify harming (...) them in the course of defending oneself. I argue that this strategy is ad hoc and leads to more problems than it solves. Once we allow normative facts outside our account of liability to affect a person's moral protection against harm, the lieability verdicts cannot tell us whether there is a relevant moral asymmetry between the victim and the target of defence. In conclusion, the causal view is wrong and causal responsibility for an unjust threat is not a necessary requirement for liability to defensive harm. (shrink)

A paradox, it is claimed, is a radical form of contradiction, one that produces gaps in meaning. In order to approach this idea, two senses of “separation” are distinguished: separation by something and separation by nothing. The latter does not refer to nothing in an ordinary sense, however, since in that sense what’s intended is actually less than nothing. Numerous ordinary nothings in philosophy as well as in other fields are surveyed so as to clarify the contrast. Then follows the (...) suggestion that philosophies which one would expect to have room for paradoxes actually tend either to exclude them altogether, or to dull them. There is a clear alternative, however, one that fully recognizes paradoxes and yet also strives to overcome them. (shrink)

When a computer system causes harm, who is responsible? This question has renewed significance given the proliferation of autonomous systems enabled by modern artificial intelligence techniques. At the root of this problem is a philosophical difficulty known in the literature as the responsibility gap. That is to say, because of the causal distance between the designers of autonomous systems and the eventual outcomes of those systems, the dilution of agency within the large and complex teams that design autonomous systems, and (...) the impossibility of fully predicting how autonomous systems will behave once deployed, determining who is morally responsible for harms caused by autonomous systems is unclear at a conceptual level. I review past work on this topic, criticizing prior works for suggesting workarounds rather than philosophical answers to the conceptual problem presented by the responsibility gap. The view I develop, drawing on my earlier work on vicarious moral responsibility, explains why computing professionals are ethically required to take responsibility for the systems they design, despite not being blameworthy for the harms these systems may cause. (shrink)

Urban planning as a discipline has been continuously evolving in the past decades, aiming to become the response to diverse issues through transdisciplinarity, innovation, creativity and justice. As a result of an ever- accelerating pace of life, we constantly witness worldwide transitions and turbulences, from environmental crises to socio-economic struggles, that challenge cities, regions, and the nature of the planning discipline itself. Climate change and both natural and man-made disasters render territories fragile and force humans and species to migrate, while (...) the growing urban population requires solutions for sustainable transformation for life in the city and beyond. In this context of increasing uncertainty, the planning discipline attempts to suggest ways forward, yet often lacks in providing tangible examples of how to bridge theory and practice. Within this framework, the conference focuses on the predominant discontinuities that currently characterise the planning field. Those are articulated into two directions of discussion that are in dialogue with and between each other: the urban-rural divide (Track 1 and Track 2) and the academia-practice divide (Track 3 and Track 4). The conference aims to create space for these dialogues to emerge, and to ultimately bridge these gaps by reflecting on our role as researchers, on our position towards, and in relationship with, society and on the effectiveness of practice. The questions that arise are timely and crucial, contemplating on the complexities inherent in a perpetual endeavour for coexistence between humans, species and the environment (Track 5). How can planning reinvent itself? How can we reconcile a holistic perception of territories? Which theories, strategies and methods should planning adopt so as to contribute to a better future for the human and natural species? Which are the tools and practices that will ensure human well-being and coexistence with the world? (shrink)

Robotization is an increasingly pervasive feature of our lives. Robots with high degrees of autonomy may cause harm, yet in sufciently complex systems neither the robots nor the human developers may be candidates for moral blame. John Danaher has recently argued that this may lead to a retribution gap, where the human desire for retribution faces a lack of appropriate subjects for retributive blame. The potential social and moral implications of a retribution gap are considerable. I argue that the retributive (...) intuitions that feed into retribution gaps are best understood as deontological intuitions. I apply a debunking argument for deontological intuitions in order to show that retributive intuitions cannot be used to justify retributive punishment in cases of robot harm without clear candidates for blame. The fundamental moral question thus becomes what we ought to do with these retributive intuitions, given that they do not justify retribution. I draw a parallel from recent work on implicit biases to make a case for taking moral responsibility for retributive intuitions. In the same way that we can exert some form of control over our unwanted implicit biases, we can and should do so for unjustifed retributive intuitions in cases of robot harm. (shrink)

This paper considers whether victims can justify what appears to be unnecessary defensive harming by reference to an honour-based justification. I argue that such an account faces serious problems: the honour-based justification cannot permit, first, defensive harming, and second, substantial unnecessary harming. Finally, I suggest that, if the purpose of the honour based justification is expressive, an argument must be given to demonstrate why harming threateners, as opposed to opting for a non-harmful alternative, is the most effective means of affirming (...) one’s honour. Along the way, I also suggest why I think that internalism about the constraints on defensive harming (the view that the satisfaction of the necessity constraint is a necessity condition of a threatener’s liability) is correct. Most importantly, externalism implies that threateners can be liable to suffer gratuitous harm. I take this to be an unattractive consequence of the view. (shrink)

The is-ought gap is Hume’s claim that we can’t get an ‘ought’ from just ‘is’s. Prior (“The Autonomy of Ethics,” 1960) showed that its most straightforward formulation, a staple of introductory philosophy classes, fails. Many authors attempt to resurrect the claim by restricting its domain syntactically or by reformulating it in terms of models of deontic logic. Those attempts prove to be complex, incomplete, or incorrect. I provide a simple reformulation of the is-ought gap that closely fits Hume’s description of (...) it. My formulation of the gap avoids the proposed counterexamples from Prior and offers a natural explanation of why they seem compelling. Moreover, I show that my formulation of the gap is guaranteed by standard theories of the semantics of normative terms, and that provides a more general reason to accept it. (shrink)

Joanna Mary Firth and Jonathan Quong argue that both an instrumental account of liability to defensive harm, according to which an aggressor can only be liable to defensive harms that are necessary to avert the threat he poses, and a purely noninstrumental account which completely jettisons the necessity condition, lead to very counterintuitive implications. To remedy this situation, they offer a “pluralist” account and base it on a distinction between “agency rights” and a “humanitarian right.” I argue, first, that (...) this distinction is spurious; second, that the conclusions they draw from this distinction do not cohere with its premises; third, that even if one granted the distinction, Firth’s and Quong’s implicit premise that you can forfeit your agency rights but not your “humanitarian right” is unwarranted; fourth, that their attempt to mitigate the counterintuitive implications of their own account in the Rape case relies on mistaken ad-hoc assumptions; fifth, that even if they were successful in somewhat mitigating said counterintuitive implications, they would still not be able to entirely avoid them; and sixth, that even in the unlikely case that none of these previous five critical points are correct, Firth and Quong still fail to establish that aggressors can be liable to unnecessary defensive harm since they fail to establish that unnecessary harm can ever be defensive in the first place. (shrink)

From the outset, critical social theory has sought to diagnose people’s participation in their own oppression, by revealing the roots of irrational and self-undermining choices in the complex interplay between human nature, social structures, and cultural beliefs. As part of this project, Ideologiekritik has aimed to expose faulty conceptions of this interplay, so that the objectively pathological character of what people are “freely” choosing could come more clearly into view. The challenge, however, has always been to find a way of (...) doing this without arrogantly assuming special access to what is good for people. And this danger of paternalism is one to which social theorists have all too often fallen prey. In this brief essay, I focus on contemporary instances of clearly self-defeating behavior in contexts of complex choices. I begin by discussing a recent attempt to diagnose and solve these failures of choices, namely the public policy recommendations of behavioral economist Richard Thaler and reform-minded legal theorist Cass Sunstein. Their influential “libertarian paternalist” approach is particularly interesting, both in what it includes (attention to the socially constructed nature of choice situations and the roots of the problems in human nature) and in what it leaves out (an understanding of the social construction of human nature and an adequate appreciation of the value of autonomy). After discussing it, I consider a broadly perfectionist alternative, to the effect that the problem lies in a failure to adequately appreciate the importance of developing autonomy. I then turn to sketching the outlines of a new approach, based on the concept of “autonomy gaps,” which approaches overly demanding policies in relational and action-theoretical terms. In the final section, I show how this provides the basis for an analysis both in terms of a critique of ideology and of social pathology. (shrink)

Important features of space and time are taken to be missing in quantum gravity, allegedly requiring an explanation of the emergence of spacetime from non-spatio-temporal theories. In this paper, we argue that the explanatory gap between general relativity and non-spatio- temporal quantum gravity theories might significantly be reduced with two moves. First, we point out that spacetime is already partially missing in the context of general relativity when understood from a dynamical perspective. Second, we argue that most approaches to quantum (...) gravity already start with an in-built distinction between structures to which the asymmetry between space and time can be traced back. (shrink)

The spread of misinformation and fake news raises important problems for our society and for our democracy. From the January 6 attack on the U.S. Capitol to vaccine hesitancy, from suppressing voter turnout to peddling conspiracy theories, we know that these problems are real and need to be taken seriously. While misinformation is not a new problem for democracy, it can spread more quickly and easily because of new media’s design and popularity. Given these problems, it is encouraging that some (...) technology companies are taking steps to reduce the spread of misinformation and fake news on the platforms they manage. Despite this seemingly positive development, some scholars have criticized some interventions designed to combat the spread of misinformation and fake news as paternalistic. For example, a 2019 Facebook intervention called Click-Gap aimed to reduce the amount of low-quality content (including fake news and misinformation) that users see on their NewsFeed. Click-Gap has been criticized as an instance of epistemic paternalism because it was adopted (1) with the goal of improving the epistemic status of its users and (2) irrespective of what the company believed the wishes of its users to be. If interventions like Click-Gap are problematic because paternalistic, those of us interested in the ethics of technology would face a dilemma—either endorse technology companies treating their users paternalistically or endorse their failing to act to combat the spread of misinformation and fake news on their platforms. Both options seem to me to be problematic. While paternalism may sometimes be permissible, I think we should be very hesitant to endorse a paternalistic relationship between technology companies and their users. The relationship does not seem to bear the right sort of structure to one in which paternalism might be appropriate, if it ever is. The second option seems, if anything worse: surely technology companies should not stand by and change nothing about their platforms despite the spread of misinformation and fake news in those spaces. In this paper, I argue that Click-Gap and interventions like it are not paternalistic, contrary to the conclusion of other scholars. Further, I will argue that the focus on paternalism itself is actually a red herring here. While not just any intervention or strategy that purports to reduce fake news and misinformation is permissible, we should want technology companies to take user well-being seriously and be able to take that well-being as a direct reason for action. Their doing so is not paternalistic nor even morally problematic, and it should not be criticized as such. (shrink)

A collective duty gap arises when a group has caused harm that requires remedying but no member did harm that can justify the imposition of individual remedial duties. Examples range from airplane crashes to climate change. How might collective duty gaps be filled? This paper starts by examining two promising proposals for filling them. Both proposals are found inadequate. Thus, while gap-filling duties can be defended against objections from unfairness and demandingness, we need a substantive justification for their existence. I (...) argue that substantive justification can be found in the normative force of commitments individuals make to others with regard to ends. Along the way, I argue that gap-filling duties must be conceptualized differently in group agents, as compared to non-agent groups: in the former, gap-filling duties can be understood as duties to “take up the slack”; in the latter, this would be a category error. (shrink)

While theories of animal rights maintain that nonhuman animals possess prima facie rights, such as the right to life, the dominant philosophies of animal rights permit the killing of nonhuman animals for reasons of self-defense. I argue that the animal rights discourse on defensive killing is problematic because it seems to entail that any nonhuman animal who poses a threat to human beings can be justifiably harmed without question. To avoid this human-privileged conclusion, I argue that the animal rights position (...) needs to both (1) deploy a new criterion of liability to defensive harm, and (2) seriously consider whether human beings themselves are liable to defensive harm in human-animal conflicts. By shifting the focus to whether humans are liable to defensive harm, we will find that in many situations of human-animal conflict, human beings are actually the ones liable to be harmed because they are often culpable or, to some degree, morally responsible for posing an unjust threat to nonhuman animals. (shrink)

In her inventive and tightly argued book Defensive Killing, Helen Frowe defends the view that bystanders—those who do not pose threats to others—cannot be liable to being harmed in self-defence or in defence of others. On her account, harming bystanders always infringes their rights against being harmed, since they have not acted in any way to forfeit them. According to Frowe, harming bystanders can be justified only when it constitutes a lesser evil. In this brief essay, I make the case (...) that some bystanders can indeed be liable to harm. They can be liable, I will argue, because they can be morally responsible for threats of harm, and in becoming responsible they can forfeit their rights. While bystanders cannot be responsible for initiating threats, they can become responsible for the persistence of threats, and for culpably failing to prevent them from being initiated in the first place. (shrink)

Artificial Intelligence (AI) systems are ubiquitous. From social media timelines, video recommendations on YouTube, and the kinds of adverts we see online, AI, in a very real sense, filters the world we see. More than that, AI is being embedded in agent-like systems, which might prompt certain reactions from users. Specifically, we might find ourselves feeling frustrated if these systems do not meet our expectations. In normal situations, this might be fine, but with the ever increasing sophistication of AI-systems, this (...) might become a problem. While it seems unproblematic to realize that being angry at your car for breaking down is unfitting, can the same be said for AI-systems? In this paper, therefore, I will investigate the so-called “reactive attitudes”, and their important link to our responsibility practices. I then show how within this framework there exist exemption and excuse conditions, and test whether our adopting the “objective attitude” toward agential AI is justified. I argue that such an attitude is appropriate in the context of three distinct senses of responsibility (answerability, attributability, and accountability), and that, therefore, AI-systems do not undermine our responsibility ascriptions. (shrink)

Hot-cold empathy gaps are a pervasive phenomena wherein one’s predictions about others tend to skew ‘in the direction’ of one’s own current visceral states. For instance, when one predicts how hungry someone else is, one’s prediction will tend to reflect one’s own current hunger state. These gaps also obtain intrapersonally, when one attempts to predict what one oneself would do at a different time. In this paper, we do three things: We draw on empirical evidence to argue that so-called hot-cold (...) empathy gaps arise when one projects one’s own current state into a simulation about another. Second, we argue that this process does not typically confer knowledge, even when the predictions it produces happen to be accurate. Third, we suggest that these results can be used to develop a challenge for L.A. Paul's view that authentic action sometimes requires subjective knowledge of one’s own values and how these values relate to relevant outcomes. We then sketch an alternative view of the epistemic grounds of authenticity, one on which authenticity requires a kind of understanding. The relevant form of understanding can be achieved by subjective knowledge but can also be achieved elsewise, such as through testimony from a close friend about what one values. (shrink)

The acculturation gap is the changing set of values and culture between a child and parent or guardian. The gap is usually revealed after a family immigrates from one country to another and assimilates into a culture.

This short article is based on my special lecture entitled "Aristotle and the Philosophy of Education" at Tamagawa University Research Institute in Tokyo on September 19, 2015, through a recording of the spoken language transcribed in written form with some corrections. The lecture delivered on that day consists of two parts: referring to historical research and a statistical survey, the first half focuses on uncovering the fact that the philosophy of education has been slighted both in Japanese and Western academia (...) and that this fact is valid for both Aristotle's and contemporary studies on the philosophy of education; the second half endeavors to describe two possible research projects - namely, a classical-philosophical and interpretative study of Aristotle's philosophy of education and a contemporary-philosophical and Aristotelian study of the philosophy education. Some of these topics have been published but others have not. This short article concerns the first half of the lecture and measures the gap between philosophy and the philosophy of education in Japan through a statistical survey of the largest competitive research funding database in Japan: KAKEN. (shrink)

The lack of gender parity in philosophy has garnered serious attention recently. Previous empirical work that aims to quantify what has come to be called “the gender gap” in philosophy focuses mainly on the absence of women in philosophy faculty and graduate programs. Our study looks at gender representation in philosophy among undergraduate students, undergraduate majors, graduate students, and faculty. Our findings are consistent with what other studies have found about women faculty in philosophy, but we were able to add (...) two pieces of new information. First, the biggest drop in the proportion of women in philosophy occurs between students enrolled in introductory philosophy classes and philosophy majors. Second, this drop is mitigated by the presence of more women philosophy faculty. (shrink)

There is widely thought to be a proportionality constraint on harming others in self-defense, such that an act of defensive force can be impermissible because the harm it would inflict on an attacker is too great relative to the harm to the victim it would prevent. But little attention has been given to whether a corresponding constraint exists in the ethics of compensation, and, if so, what the nature of that constraint is. This article explores the issue of proportionality as (...) it applies to the liability to compensate. The view that some perpetrators are not liable to pay full compensation because doing so would be disproportionately burdensome is clarified and defended, and it is asked what view we should adopt instead. A key step in that inquiry is an argument that someone is liable to bear the cost of compensating for an injury if and only if she would have been liable to bear that same cost in defense against that same injury ex ante. (shrink)

This dissertation defends materialism from the epistemic arguments against materialism. Materialism is the view that everything is ultimately physical. The epistemic arguments against materialism claim that there is an epistemic gap between physical and phenomenal truths (for example, that knowing the physical truths does not put you in a position to know the phenomenal truths), and conclude from this that there is a corresponding gap in the world between physical and phenomenal truths, and materialism is false. -/- Chapter 1 introduces (...) materialism and the arguments against materialism that I respond to in this dissertation. -/- Chapters 2 and 3 explore the phenomenal concept strategy (PCS), one promising materialist response to the epistemic arguments against materialism. The PCS admits that there is an epistemic gap between physical and phenomenal truths, but claims that it arises because of something special about our concepts of consciousness and not because of something special about consciousness itself. -/- Chapter 4 considers what reason there is to think that there is an epistemic gap between physical and phenomenal truths in the first place. I argue that some arguments might succeed in showing that there is such an epistemic gap, but that if these arguments succeed then they end up vindicating the PCS. -/- Chapter 5 considers more generally what is required for an epistemic gap to exist. In particular, it considers whether conceptual analysis is necessary to close an epistemic gap. (shrink)

The essay brings a summation of human efforts seeking to understand our existence. Plato and Kant & cognitive science complete reduction of philosophy to a neural mechanism, evolved along elementary Darwinian principles. Plato in his famous Cave Allegory explains that between reality and our experience of it there exists a great chasm, a metaphysical gap, fully confirmed through particle-wave duality of quantum physics. Kant found that we have two kinds of perception, two senses: By the spatial outer sense we perceive (...) phenomena, objects in space. Our temporal inner sense lets us perceive our inner state, noumena . Kant's two senses are fully confirmed through bilateral brain duality of cognitive science. The bilateral brain serves inner, temporal sense, logic & noumena in the left hemisphere. The right brain half is for the outer, spatial sense, geometry & phenomena. We form a whole system, a bilateral interior cosmos, a kind of world model, expressing what may lie beyond the metaphysical gap. In the right brain we build a phenomenal cosmos, to resemble the outer environment. In the brain's left hemisphere a noumenal cosmos, a model of our private world including Saint Teresa of Avila's castillo interior. The cosmos is regularly updated with novel sense data integrated into our memory banks. This was recognized early by Helmholtz (1860s). Our lives, health & well-being depend on us keeping our interior cosmos in good order. This used to be seen as saving one's precious soul from perdition. While we endeavour to keep our phenomenal cosmos neat & orderly by protecting the environment from harm, our noumenal cosmos to be livable requires us to engage in ethical conduct. This bilateral cosmos is responsible for our common sense judgment power, that we depend on for being able to lead a good & benign life. The 200 million neurons of BA10 in the prefrontal lobe have global access to the interior cosmos, & apply massive feedback to identify environmental conditions rapidly. The global access also gives conscious presence of the individual to itself, all that is present in the interior cosmos, for total freedom of action. In the left brain private ego, we are guarded by faith in divine mercy, & guided to choose the best course of action, able to survive under the most adverse conditions. For this, we receive directions from the Holy Ghost in Saint Teresa's castillo interior. (shrink)

Sparrow argues that military robots capable of making their own decisions would be independent enough to allow us denial for their actions, yet too unlike us to be the targets of meaningful blame or praise—thereby fostering what Matthias has dubbed “the responsibility gap.” We agree with Sparrow that someone must be held responsible for all actions taken in a military conflict. That said, we think Sparrow overlooks the possibility of what we term “blank check” responsibility: A person of sufficiently high (...) standing could accept responsibility for the actions of autonomous robotic devices—even if that person could not be causally linked to those actions besides this prior agreement. The basic intuition behind our proposal is that humans can impute relations even when no other form of contact can be established. The missed alternative we want to highlight, then, would consist in an exchange: Social prestige in the occupation of a given office would come at the price of signing away part of one's freedoms to a contingent and unpredictable future guided by another agency. (shrink)

The study aimed to determine if differentiated instruction effectively addresses learning gaps in mathematics. In particular, it explored how it can improve the student’s learning gaps concerning mathematical performance and confidence. The study employed a quasi-experimental design with 30 purposively-selected Grade 10 participants divided into differentiated (n = 15) and control groups (n = 15), ensuring the utmost ethical measures. The mean and standard deviation were used to describe the participants’ performance and confidence. Independent samples t-tests were used to determine (...) the significant differences in the performance and confidence between the two groups. In contrast, dependent samples t-tests were used to determine the significant differences in each group’s pre and posttest performance and confidence. Findings bared that the differentiated instruction successfully addressed students’ performance in mathematics even in a short period. It also increased the participants’ confidence when answering fundamental problems. Continuing differentiated instruction activities are recommended since it benefits students who struggle in mathematics, particularly in answering fundamental operations. Differentiated teaching activities in mathematics can boost academic achievement and engagement and prepare students for future success while fostering a positive and inclusive classroom culture that values individual learning needs and preferences. (shrink)

Many seem to think that AI-induced responsibility gaps are morally bad and therefore ought to be avoided. We argue, by contrast, that there is at least a pro tanto reason to welcome responsibility gaps. The central reason is that it can be bad for people to be responsible for wrongdoing. This, we argue, gives us one reason to prefer automated decision-making over human decision-making, especially in contexts where the risks of wrongdoing are high. While we are not the first to (...) suggest that responsibility gaps should sometimes be welcomed, our argument is novel. Others have argued that responsibility gaps should sometimes be welcomed because they can reduce or eliminate the psychological burdens caused by tragic moral choice-situations. By contrast, our argument explains why responsibility gaps should sometimes be welcomed even in the absence of tragic moral choice-situations, and even in the absence of psychological burdens. (shrink)

Well before the COVID-19 pandemic, proponents of digital psychiatry were touting the promise of various digital tools and techniques to revolutionize mental healthcare. As social distancing and its knock-on effects have strained existing mental health infrastructures, calls have grown louder for implementing various digital mental health solutions at scale. Decisions made today will shape the future of mental healthcare for the foreseeable future. We argue that bioethicists are uniquely positioned to cut through the hype surrounding digital mental health, which can (...) obscure crucial ethical and epistemic gaps that ought to be considered by policymakers before committing to a digital psychiatric future. Here, we describe four such gaps: The evidence gap, the inequality gap, the prediction-intervention gap, and the safety gap. (shrink)

The doctrine of vicarious liability provides that an employer is vicariously or indirectly liable for all delicts or violations of the law committed by his or her employees when they are acting in the course and within the scope of their employment at the time when a delict is committed. In simple terms it is law that imposes liability on employers for the wrong doings of their employees. Some of the reasons why it has been justifiable to have (...) this doctrine in the Law of delict, is because employers have greater financial stamina to offset any losses caused by employees and employees work under the instruction of the employer just but to mention a few. (shrink)