Much of the discussion surrounding the ethics of abortion has centered around the notion of personhood. This is because many philosophers hold that the morality of abortion is contingent on whether the fetus is a person - though, of course, some famous philosophers have rejected this thesis (e.g. Judith Thomson and Don Marquis). In this article, I construct a novel argument for the immorality of abortion based on the notion of impairment. This argument does not assume that the fetus is (...) a person - indeed, I concede (for the sake of argument) that the fetus is not a person - and hence the morality of abortion is not contingent on whether the fetus is a person. I finish by answering a plethora of objections to my argument, concluding that none of them are successful. (shrink)

It is often assumed that if the fetus is a person, then abortion should be illegal. Thomson1 laid the groundwork to challenge this assumption, and Boonin2 has recently argued that it is false: he argues that abortion should be legal even if the fetus is a person. In this article, I explain both Thomson’s and Boonin’s reason for thinking that abortion should be legal even if the fetus is a person. After this, I show that Thomson’s and Boonin’s argument for (...) legalised abortion fail; they have not given us good reason for thinking abortion should be legal.1 Finally, I argue that—if we play Boonin’s game—abortion should be illegal. When discussing the ethics and politics of abortion, whether the fetus is a person is usually central.3 4.2 However, Thomson1 long ago challenged this view. She argued that abortion is permissible even if the fetus is a person. To do so, she asks us to consider a case in which you are non-consensually taken to a hospital and hooked up to a famous violinist. The violinist, if he is to survive, needs to filter his blood through your body. After 9 months, he will be fine and you can unplug yourself and go on your way. If you unplug yourself prior to this, however, he will die. Is it permissible to unplug yourself? Thomson thinks the answer is ‘yes’. And this, she thinks, shows that abortion is permissible even if the fetus is a person. While the majority of her article focuses on the ethics of abortion, it is clear that she also aims to show that abortion should be legal if the fetus is a person; she would no doubt reject the view that the state is right to coerce you into …. (shrink)

I provide an updated version of The Impairment Argument against abortion and respond to numerous objections that can be (and have been) raised to it.

Skeptical theism is a popular response to arguments from evil. Many hold that it undermines a key inference often used by such arguments. However, the case for skeptical theism is often kept at an intuitive level: no one has offered an explicit argument for the truth of skeptical theism. In this article, I aim to remedy this situation: I construct an explicit, rigorous argument for the truth of skeptical theism.

Demonstratives seem to have posed a severe difficulty for Frege’s philosophy of language, to which his doctrine of incommunicable senses was a reaction. In “The Thought,” Frege briefly discusses sentences containing such demonstratives as “today,” “here,” and “yesterday,” and then turns to certain questions that he says are raised by the occurrence of “I” in sentences (T, 24-26). He is led to say that, when one thinks about oneself, one grasps thoughts that others cannot grasp, that cannot be communicated. However, (...) nothing could be more out of the spirit of Frege’s account of sense and thought than an incommunicable, private thought. In the first part of the paper, I explain the problem demonstratives pose for Frege, and explore three ways he might have dealt with it. I argue that none of these ways provides Frege with a solution to his problem consistent with his philosophy of language. The first two are plausible as solutions, but contradict his identification of the sense expressed by a sentence with a thought. The third preserves the identification, but is implausible. In the second part, I suggest that Frege was led to his doctrine of incommunicable senses as a result of some appreciation of the difficulties his account of demonstratives faces, for these come quickly to the surface when we think about “I.” I argue that incommunicable senses won’t help. I end by trying to identify the central problem with Frege’s approach, and sketching an alternative. (shrink)

In my article "Even if the fetus is not a person, abortion is immoral: The impairment argument" (this journal), I defended what I called “The impairment argument” which purports to show that abortion is immoral. Bruce Blackshaw (2019) has argued that my argument fails on three accounts. In this article, I respond to his criticisms.

In cases in which we must choose between either (i) preventing a woman from remaining unwillingly pregnant or (ii) preventing a fetus from being killed, we should prevent the fetus from being killed. But this suggests that in typical cases abortion is wrong: typical abortions involve preventing a woman from remaining unwillingly pregnant over preventing a fetus from being killed. And so abortion is typically wrong—and this holds whether or not fetuses are persons.

This article is a response to Stephen Law's article ‘The evil-god challenge’. In his article, Law argues that if belief in evil-god is unreasonable, then belief in good-god is unreasonable; that the antecedent is true; and hence so is the consequent. In this article, I show that Law's affirmation of the antecedent is predicated on the problem of good (i.e. the problem of whether an all-evil, all-powerful, and all-knowing God would allow there to be as much good in the world (...) as there is), and argue that the problem of good fails. Thus, the antecedent is unmotivated, which renders the consequent unmotivated. Law's challenge for good-god theists is to show that good-god theism is not rendered unreasonable by the problem of evil in the same way that evil-god theism is rendered unreasonable by the problem of good. Insofar as the problem of good does not render belief in evil-god unreasonable, Law's challenge has been answered: since it is not unreasonable to believe in evil-god (at least for the reasons that Law gives) it is not unreasonable to believe in good-god. Finally, I show that – my criticism aside – the evil-god challenge turns out to be more complicated and controversial than it initially appears, for it relies on the (previously unacknowledged) contentious assumption that sceptical theism is false. (shrink)

Critics of skeptical theism often claim that if it (skeptical theism) is true, then we are in the dark about whether (or for all we know) there is a morally justifying for God to radically deceive us. From here, it is argued that radical skepticism follows: if we are truly in the dark about whether there is a morally justifying reason for God to radically deceive us, then we cannot know anything. In this article, I show that skeptical theism does (...) not entail that we are in the dark about whether (or for all we know) there is a morally justifying reason for God to deceive us. And hence arguments against skeptical theism that make use of this assumption fail. (shrink)

Arguments from evil purport to show that some fact about evil makes it (at least) probable that God does not exist. Skeptical theism is held to undermine many versions of the argument from evil: it is thought to undermine a crucial inference that such arguments often rely on. Skeptical objections to skeptical theism claim that it (skeptical theism) entails an excessive amount of skepticism, and therefore should be rejected. In this article, I show that skeptical objections to skeptical theism have (...) a very limited scope: only those who reject certain (apparently) popular epistemological theories will be threatened by them. (shrink)

The “Embryo Rescue Case” (ERC) refers to a thought experiment that is used to argue against the view that embryos have a right to life (i.e. are persons). I will argue that cognitive science undermines the intuition elicited by the ERC; I will show that whether or not embryos have a right to life, our mental tools will make it very difficult to believe that embryos have said right. This suggests that the intuition elicited by the ERC is not truth (...) indicative. The upshot of this is that we have an undercutting defeater for our intuition that embryos do not have a right to life. (shrink)

Joona Räsänen, in his article ‘Ectogenesis, abortion and a right to the death of the fetus’, has argued for the view that parents have a right to the death of the fetus. In this article, I will explicate the three arguments Räsänen defends, and show that two of them have false or unmotivated premises and hence fail, and that the support he offers for his third argument is inconsistent with other views he expresses in his article. Therefore, I conclude that (...) there is no right to the death of the fetus—or, if there is one, Räsänen has not shown it. (shrink)

Trent Dougherty has argued that commonsense epistemology and skeptical theism are incompatible. In this paper, I explicate Dougherty’s argument, and show that (at least) one popular form of skeptical theism is compatible with commonsense epistemology.

Abortion restrictions are particularly good for black women—at least in the United States. This claim will likely strike many as outlandish. And numerous commentaries on abortion restrictions have suggested otherwise: many authors have lamented the effects of abortion restrictions on women, and black women in particular—these restrictions are bad for them, these authors say. However, abortion restrictions are clearly good for black women. This is because if someone is prevented from performing a morally wrong action, it’s good for her. For (...) example, it’s good for Sarah if she’s prevented from driving home drunk. However, since abortion is morally wrong, it follows that it’s good for women when they are prevented from getting an abortion. And since black women get abortions at disproportionately high rates, abortion restrictions are good in particular for black women. Indeed, this is an example of a positive effect of intersectionality. [lightly updated in light of it being rescinded.]. (shrink)

De facto objections to theism purport to show that theism is false, whereas de jure objections to theism claim that, whether or not theism is true, belief in God is irrational. Divine hiddenness – the fact that there are people who non-resistantly lack belief in God – is sometimes used as an argument against theism. In this article I will show that accepting the argument from divine hiddenness carries a high cost: it eliminates all de jure objections to theism. So (...) atheists can either have de jure objections to theism or the objection from divine hiddenness, but they cannot have both. (shrink)

The pelvic exam is used to assess the health of female reproductive organs and so involves digital penetration by a physician. However, it is common practice for medical students to acquire experience in administering pelvic exams by performing them on unconscious patients without prior authorization. In this article, we argue that such unauthorized pelvic exams (UPEs) are sexual assault. Our argument is simple: in any other circumstance, unauthorized digital penetration amounts to sexual assault. Since there are no morally significant differences (...) between UPEs and other instances of digital penetration, UPEs are sexual assault. So, insofar as one is against sexual assault, one should be against UPEs. (shrink)

I’ve argued that those who endorse the argument from divine hiddenness must give up all pure de jure objections to theism, and this means that endorsing the argument is costly for atheists. Benjamin Curtis claims that this isn’t a significant cost for atheists. I show that—contrary to Curtis—there is a significant cost, and spell out why this is so. Furthermore, I show that my argument functions as a new argument for affirming reformed epistemology—the view that if theism is true, belief (...) in God is probably rational. (shrink)

In this paper, I consider Sterba’s recent criticism of skeptical theism in context of his argument from evil. I show that Sterba’s criticism of skeptical theism shares an undesirable trait with all past criticisms of skeptical theism: it fails. This is largely due to his focus on causal connections and his neglect of logical connections. Because of this, his argument remains vulnerable to skeptical theism.

Lougheed argues that a possible solution to the problem of divine hiddenness is that God hides in order to increase the axiological value of the world. In a world where God exists, the goods associated with theism necessarily obtain. But Lougheed also claims that in such a world it’s possible to experience the goods of atheism, even if they don’t actually obtain. This is what makes a world with a hidden God more valuable than a world where God is unhidden, (...) and also more valuable than an atheistic world with no God. We show that Lougheed never considers the comparison between a world where God hides and an atheistic world. We argue that it’s possible for a person to experience theistic goods in a world where God does not exist, a possibility Lougheed never considers. If this is right it undermines his axiological solution to divine hiddenness. We conclude by showing how our discussion of the axiology of theism connects to the existential question of whether God exists; that is, we show that the axiological question is dependent on the existential question. (shrink)

P-zombies are creatures that are physically (functionally, behaviourally) like you and I and yet lack phenomenal consciousness. If such creatures are possible, it’s (typically) taken to show property dualism is true: phenomenal consciousness isn’t reducible to – nor does it supervene on – physical states. If inverted qualia are possible, it’s possible that you and I have identical physical states and yet you see tomatoes as green and I see tomatoes as red. If this is the case, then (again) property (...) dualism is (typically) taken to be true. In this article, I???ll show that p-zombies and inverted qualia – if they are actually possible – prove more than previously thought: if one thinks p-zombies or inverted qualia are possible, then one should endorse one of the four following theses: (i) substance dualism, (ii) we have even more reason to reject p-zombies and inverted qualia since they entail an even more radical conclusion than previously thought (i.e. substance dualism), (iii) eliminativism about selves, or (iv) friends of p-zombies and inverted qualia have homework: they need to show a relevant, plausible disanalogy between arguments for p-zombies and inverted qualia as traditionally stated and my parallel arguments that entail substance dualism. My purpose here isn’t to defend any of these particular options. Instead, my purpose is to highlight that these are the four options available to take. (shrink)

This article motivates and develops a reductive account of the structure of certain physical quantities in terms of their mereology. That is, I argue that quantitative relations like "longer than" or "3.6-times the volume of" can be analyzed in terms of necessary constraints those quantities put on the mereological structure of their instances. The resulting account, I argue, is able to capture the intuition that these quantitative relations are intrinsic to the physical systems they’re called upon to describe and explain.

Skeptical theism is a popular response to arguments from evil. Recently, Matthew A. Benton, John Hawthorne, and Yoaav Isaacs have argued that the theses that ground skeptical theism are either false or limited in scope. In this article, I show that their objections rest on dubious assumptions about the nature of skeptical theism. Along the way, I develop and clarify the ambiguous parts of skeptical theism. The upshot of this is that—once the nature of skeptical theism is made clearer—it is (...) far more difficult to resist. (shrink)

This paper is a response to Tyler Wunder’s ‘The modality of theism and probabilistic natural theology: a tension in Alvin Plantinga's philosophy’ (this journal). In his article, Wunder argues that if the proponent of the Evolutionary Argument Against Naturalism (EAAN) holds theism to be non-contingent and frames the argument in terms of objective probability, that the EAAN is either unsound or theism is necessarily false. I argue that a modest revision of the EAAN renders Wunder’s objection irrelevant, and that this (...) revision actually widens the scope of the argument. (shrink)

One of HLA Hart's main contributions to jurisprudence is his theory of social rules. Hart said, essentially, that a social rule exists if the members of a society act in some way and have a certain attitude. Most legal philosophers think that Hart's account of this attitude is too general, however, and that his theory is overinclusive as a result. In this article, I draw on recent work in the philosophy of action to propose a more precise account of the (...) relevant attitude, and a revised version of Hart's theory. I claim that a social rule exists if the members of a society act in some way and ‘accept’ they ought to act this way, independent of their beliefs about the matter. One of the implications of this idea is that the attitude that underlies a social rule is closely analogous to a presumption or fiction about what ought to be done. -/- . (shrink)

Say theism is the view that an omnipotent, omniscient, perfectly loving, and perfectly good being exists. And say pointless atheism occurs just in case there’s an atheist who isn’t resistant to belief in God, and no greater good comes about on account of this atheist’s non-belief. In this article, I show that if two prominent views about evil and divine hiddenness are accepted, theism is compatible with pointless atheism—a result hitherto unnoticed. Furthermore, not only is theism compatible with pointless atheism, (...) it entails pointless atheism. This is significant because many objections to the argument from divine hiddenness have tried to show that all instances of non-resistant atheism are required for a greater good. But if I’m right, given theism, there need not be a point to non-resistant atheism. Indeed, we should expect there to be pointless atheism. (shrink)

A pardon is an act of mercy according to the law, but is a pardon mercy in an ordinary or genuine sense? What distinguishes a pardon from a lenient judicial sentence, which is not mercy by the law’s lights? These are questions about what mercy as it is understood in law has to do with mercy as it is understood outside of law, and about who in government acts mercifully and when, if indeed anyone in government ever does. Here I (...) propose a general analysis of mercy, then bring that analysis to bear on government action. Three features of my analysis are noteworthy. First, almost all existing analyses say that mercy is unconstrained in a normative sense, but I argue that mercy is unconstrained in the way that arbitrary power is unconstrained. Second, although it’s often assumed that mercy must be motivated by compassion, I show that mercy only requires acting with the intention to benefit the recipient. Third, my analysis says that mercy requires the giver of mercy to overcome a motivation to treat the recipient harshly. Given this analysis, few government acts are merciful, but pardon is an institutional approximation or analog of mercy. -/- . (shrink)

The subject’s perspective objection (SPO) is an objection against externalist theories of justification, warrant, and knowledge. In this article, I show that externalists can accommodate the SPO while remaining externalist. So, even if the SPO is successful, it does not motivate internalism, and the primary motivation for internalism has been lost. After this, I provide an explanation for why so many people find cases that motivate the SPO convincing.

The ethics of abortion considers whether abortion is immoral. Pro-choice philosophers think that it is not immoral, while pro-life philosophers think that it is. The axiology of abortion considers whether world would be better if the pro-choice or pro-life position is right. While much attention has been given to the ethics of abortion, there has been no attention given to the axiology of abortion. In this article, I seek to change that. I consider various arguments for thinking our world would (...) be better if the pro-choice position or the pro-life position is correct, ultimately concluding that it would be better if the pro-choice position is right. This is unfortunate, however, since there is no good reason to think the pro-choice position is correct. (shrink)

Perry Hendricks’ impairment argument for the immorality of abortion is based on two premises: first, impairing a fetus with fetal alcohol syndrome is immoral, and second, if impairing an organism to some degree is immoral, then ceteris paribus, impairing it to a higher degree is also immoral. He calls this the impairment principle. Since abortion impairs a fetus to a higher degree than FAS, it follows from these two premises that abortion is immoral. Critics have focussed on the ceteris (...) paribus clause of TIP, which requires that the relevant details surrounding each impairment be sufficiently similar. In this article, we show that the ceteris paribus clause is superfluous, and by replacing it with a more restrictive condition, the impairment argument is considerably strengthened. There are no data in this work. (shrink)

Perry Hendricks’ original impairment argument for the immorality of abortion is based on the impairment principle (TIP): if impairing an organism to some degree is immoral, then ceteris paribus, impairing it to a higher degree is also immoral. Since abortion impairs a fetus to a higher degree than fetal alcohol syndrome (FAS) and giving a fetus FAS is immoral, it follows that abortion is immoral. Critics have argued that the ceteris paribus is not met for FAS and abortion, and (...) so we proposed the Modified Impairment Principle (MIP) to avoid these difficulties. Dustin Crummett has responded, arguing that MIP is open to various counterexamples which show it to be false. He also shows that MIP can generate moral dilemmas. Here, we propose a modification to MIP that resolves the issues Crummett raises. Additionally, Alex Gillham has criticized our appropriation of Don Marquis’ ‘future like ours’ reasoning about the wrongness of impairment. We show that his objections have minimal implications for our argument. (shrink)

The topic of this essay is “the slingshot,” a short argument that purports to show that sentences1 designate (stand for, refer to) truth values. Versions of this argument have been used by Frege 2, Church 3, Quine4 and Davidson5; thus it is historically important, even if it immediately strikes one as fishy. The argument turns on two principles, which I call substitution and redistribution. In “Semantic Innocence and Uncompromising Situations,”6 Jon Barwise and I rejected both principles, as part of our (...) attempt.. (shrink)

In this article, I argue that sceptical theists have too narrow a focus: they consider only God’s axiological reasons, ignoring any non-axiological reasons he may have. But this is a mistake: predicting how God will act requires knowing about his reasons in general, and this requires knowing about both God’s axiological and non-axiological reasons. In light of this, I construct and defend a kind of sceptical theism—Deontological Sceptical Theism—that encompasses all of God’s reasons, and briefly illustrate how it renders irrelevant (...) certain charges of excessive sceptical and how it evaporates equiprobability objections. Furthermore, I put forth a simple argument in favor of Deontological Sceptical Theism, which shows that everyone (at least currently) ought to endorse it. (shrink)

The evil-god challenge is a challenge for theists to show that belief in God is more reasonable than belief in evil-god. In this article, I show that whether or not evil-god exists, belief in evil-god is unjustified. But this isn’t the case for belief in God: belief in God is probably justified if theism is true. And hence belief in God is (significantly) more reasonable than belief in evil-god, and the evil-god challenge has been answered.

Tiddy Smith argues that common consent amongst geographically and historically isolated communities provides strong evidence for animism―the view that there are nature spirits. In this article, I argue that the problem of animistic hiddenness―the lack of widespread belief in nature spirits―is at least as strong evidence against animism that common consent is evidence for it, meaning that the evidence for animism that Smith provides is neutralized.

Bergson identifies multiple forms of memory throughout his work. In Matter and Memory, Bergson considers memory from the perspectives of both psychology and metaphysics, and he describes what we might refer to as contraction memory, perception memory, habit memory, recollection memory, and pure memory. Further, in subsequent works, Bergson discusses at least two additional forms of memory – namely, a memory of the present and a non-intellectual memory of the will. However, it is often not clear how these different forms (...) of memory relate to one another. With the aim of providing an overview of Bergson's philosophy of memory that can also serve as a point of entry to his philosophy as a whole, this article explores the different senses and forms of memory that Bergson describes, paying special attention to how they are distinct from one another and how they are unified. It is my intention to show that, although these various senses and forms of memory are different from one another , they are also continuous and unified insofar as they are equivalent to different tones of one's mental life and to different tensions of one duration. (shrink)

In this chapter, I consider personal and impersonal anti-theism and personal and impersonal pro-theism. I show that skeptical theism undermines arguments for personal anti-theism and impersonal anti-theism. Next, I show that (at least some) arguments for personal and impersonal pro-theism are not undermined by skeptical theism. This throws a wrench in debates about the axiology of theism: if skeptical theism is true, then it is very difficult to establish certain positions in answer to the axiological question about God.

(Wide) pro-theism is the view that the world is better overall if theism is true. (Wide) anti-theism is the view that our world would be better overall if atheism is true. Arguments for pro-theism and anti-theism typically make use of traditional theism (the view that an omni-God exists) and generic atheism (the view that an omni-God doesn’t exist). In my view, when the debate between pro-theists and anti-theists makes use of traditional theism and generic atheism, pro-theism clearly comes out on (...) top. In this paper, I consider whether this result (i.e. pro-theism’s advantage over anti-theism) changes if we bring axiarchism into the mix: I compare axiarchistic theism and axiarchistic atheism. General axiarchism is the view that the world exists because it is good that it exists, and extreme axiarchism is the view that the world exists because it is the best possible world. When we take general axiarchistic theism and general axiarchistic atheism as our worldviews for comparison, I argue that there is no significant change with respect to anti-theism and pro-theism: neither position is able to capture goods that are traditionally associated with the other position, and so pro-theism still wins out. However, if we instead compare extreme axiarchistic atheism with extreme axiarchistic theism there is a significant change: while the case for pro-theism remains the same (because, I argue, it is not able to capture any of the goods of anti-theism), the case for anti-theism is greatly strengthened, because it is able to capture nearly all of the goods of pro-theism (e.g. the good of an afterlife, of cosmic justice, of there being no gratuitous evil). In other words, given extreme axiarchism, atheistic worlds can (and will) house goods that are traditionally associated with theistic worlds (e.g. those listed prior). This means that, given extreme axiarchism, pro-theists can’t appeal to those goods as favoring their position: they obtain whether our world is atheistic or theistic. Thus, they don’t favor pro-theism over anti-theism; the case for anti-theism has been strengthened. (Alternatively, we may say that the case for pro-theism has been weakened.) Ultimately, there is one good that extreme axiarchistic atheism does not enable anti-theism to capture—namely, God’s intrinsic unlimited goodness—and I argue that this shows that there is still a gap between pro-theism and anti-theism; while the gap has been substantially narrowed, it has not been eliminated. Thus, I suggest that the best route forward for anti-theists is to cast doubt on the view that God’s intrinsic goodness is unlimited. (shrink)

Although better known for his phenomenology of perception and the perceived world, Merleau-Ponty’s writings also contain the outlines of a rich and unique account of the imagination and the imaginary. In this paper, I explicate the phenomenology of the image that Merleau-Ponty develops throughout his work. I show how Merleau-Ponty develops this account of the image in critical response to Sartre and in a way that follows from his own descriptions of what painters do when they paint and of what (...) we experience when we look at their paintings. The investigation of the particular mode of being of images leads to a consideration of the body and Merleau-Ponty’s later ontology. (shrink)

An ongoing challenge within all approaches to ethical decision making is reducing the degree of doubt about what action is right, good, or at least better in a given situation. The process of moral discernment within Christian thought is no exception; however, different Christian communities tend to understand moral doubt and moral certainty differently, to pursue different ways of allaying doubt, and to expect—and accept—different degrees of moral certainty. Drawing especially from Aristotelian virtue theory, selected teachings from the Eastern Orthodox (...) tradition on humility, and recent discussions of the ‘grace of self-doubt,’ I sketch an account of virtuous moral doubt as a mean between the extremes of excessive and deficient moral doubt. My hope is doing so will help to make space and provide the framework for an ecumenical understanding of doubt’s proper role in moral discernment. (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)

Self, person, and identity are among the concepts most central to the way humans think about themselves and others. It is often natural in biology to use such concepts; it seems sensible to say, for example, that the job of the immune system is to attack the non-self, but sometimes it attacks the self. But does it make sense to borrow these concepts? Don’t they only pertain to persons, beings with sophisticated minds, and perhaps even souls? I argue that if (...) we focus on the every-day concepts of self and identity, and set aside loftier concepts found in religion, philosophy, and psychology that are applicable, at most, to humans, we can see that self and identity can be sensibly applied widely in biology. (shrink)

The norms of a legal system are relevant in deciding on people's rights and duties within that system. Some norms that are not part of a legal system are also relevant within it: norms of foreign legal systems, games, clubs, contracts, grammar, and so on. What distinguishes the norms of a legal system from the norms merely relevant within it? Where, in other words, are law's boundaries? There are three existing answers in the literature, from Kramer, Shapiro, and Raz. None (...) succeed. A better answer starts with a distinction between two types of legal relevance: direct and indirect. Norms of a legal system are directly relevant within it. Norms that are not part of a legal system are at most indirectly relevant within it. Thus, the two types of norms are distinguished by the directness of their relevance. (shrink)

The word “intolerance” bears almost exclusively negative connotations. It is treated invariably, almost ideologically as a vice. What would it mean to reconceive of intolerance as a virtue—or, at the very least, a positive affect? In this essay, I analyze two complementary archives of positive intolerance: the records of the Prisons Information Group (the GIP) and the writings of one of its members: Michel Foucault. For the GIP, intolerance—as a militant refusal of intolerable material and political conditions—is essential to the (...) prison activist effort. Relatedly, for Foucault, scholarship—as the creative and/or critical act of naming and changing public awareness of intolerable conditions—can be a mode of political intolerance against an oppressive state. When paired together, these two archives trouble the easy severance of theory and practice, suggesting both that prison resistance efforts involve intellectual assessments of the intolerable and that engaged scholarship often doubles as intolerant activism. Both archives, moreover, agree that such intolerant activism is always rooted in personal investments and local struggles. This analysis allows me to suggest that, if the struggle against forces of marginalization and exploitation mobilizes resistant intolerance as a political and intellectual strategy, then intolerance may very well be commendable. It might, in fact, be virtuous. (shrink)

The viewpoint that consciousness, including feeling, could be fully expressed by a computational device is known as strong artificial intelligence or strong AI. Here I offer a defense of strong AI based on machine-state functionalism at the quantum level, or quantum-state functionalism. I consider arguments against strong AI, then summarize some counterarguments I find compelling, including Torkel Franzén’s work which challenges Roger Penrose’s claim, based on Gödel incompleteness, that mathematicians have nonalgorithmic levels of “certainty.” Some consequences of strong AI are (...) then considered. A resolution is offered of some problems including John Searle’s Chinese Room problem and the problem of consciousness propagation under isomorphism. (shrink)

Tim Maudlin has influentially argued that Humeanism about laws of nature stands in conflict with quantum mechanics. Specifically Humeanism implies the principle Separability: the complete physical state of a world is determined by the intrinsic physical state of each space-time point. Maudlin argues Separability is violated by the entangled states posited by QM. We argue that Maudlin only establishes that a stronger principle, which we call Strong Separability, is in tension with QM. Separability is not in tension with QM. Moreover, (...) while the Humean requires Separability to capture the core tenets of her view, there's no Humean-specific motivation for accepting Strong Separability. We go on to give a Humean account of entangled states which satisfies Separability. The core idea is that certain quantum states depend upon the Humean mosaic in much the same way as the laws do. In fact, we offer a variant of the Best System account on which the systemization procedure that generates the laws also serves to ground these states. We show how this account works by applying it to the example of Bohmian Mechanics. The 3N-dimensional configuration space, the world particle in it and the wave function on it are part of the best system of the Humean mosaic, which consists of N particles moving in 3-dimensional space. We argue that this account is superior to the Humean account of Bohmian Mechanics defended by Loewer and Albert, which takes the 3N-dimensional space, and its inhabitants, as fundamental. (shrink)

Dignity is traditionally thought to apply to almost all and almost only humans. However, I argue that an account of a distinctly human dignity cannot achieve a coherent and non-arbitrary justification; either it must exclude some humans or include some nonhumans. This conclusion is not as worrying as might be first thought. Rather than attempting to vindicate human dignity, dignity should extend beyond the human, to include a range of nonhuman animals. Not only can we develop a widely inclusive account (...) of dignity by pursuing this route, but we can still defend the three core principles that lie at the heart of contemporary thinking about dignity: that bearers of dignity possess dignity to an equal degree, in virtue of possessing the same intrinsic worth, and that this generates direct and claimable rights. I thus develop an account of dignity that includes nonhuman animals. I argue that the capacity to value most plausibly grounds dignity. This capacity arises from valenced sentience: a being values insofar as they have experiences that matter to them. I then characterise what follows from this. First, I contend that it is only the capacity to value grounds dignity because this produces the most plausible, simplest, and most explanatorily powerful account of dignity. We ought to reject pluralist accounts which assert a sharp distinction between bearers and non-bearers of rational agency, and biocentric accounts which include non-sentient organic entities. Second, I argue this property grounds an account of dignity that is non-hierarchical. There are no degrees of dignity. Instead, all possessors of the capacity to value have the same kind of intrinsic value, and the same equal fundamental right: to consideration of their interest in leading a life of value. Finally, I argue that since the fundamental right is to consideration, moral agents have claimable duties to engage in a deliberative procedure with actionable requirements. Specific rights are instantiations of this general procedure. Certain revisionist conclusions follow on my view, for instance, that nonhumans should be given greater weight and inclusion in a far wider range of cases, but my account is sensitive to the range of different things different beings value, so it does not generate counterintuitive implications. I conclude that dignity extends beyond the human. (shrink)

Legal discourse consists largely of legal claims. These are claims that there is a legal obligation, legal right, or other legal incident. What is the meaning of “legal obligation”, “legal right” and so on in legal claims? The standard view among philosophers of law is that “legal” indicates that, according to law, there is a moral obligation, moral right or other moral incident. Here I set out a new objection to the standard view. The objection is that the standard view (...) is unable to account for the use of legal claims in some common forms of logically complex arguments. (shrink)