Does consciousness collapse the quantum wave function? This idea was taken seriously by John von Neumann and Eugene Wigner but is now widely dismissed. We develop the idea by combining a mathematical theory of consciousness (integrated information theory) with an account of quantum collapse dynamics (continuous spontaneous localization). Simple versions of the theory are falsified by the quantum Zeno effect, but more complex versions remain compatible with empirical evidence. In principle, versions of the theory can be tested by experiments with (...) quantum computers. The upshot is not that consciousness-collapse interpretations are clearly correct, but that there is a research program here worth exploring. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather (...) than simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

It has been a common assumption that words are substances that instantiate or have properties. In this paper, I question the assumption that our ontology of words requires posting substances by outlining a bundle theory of words, wherein words are bundles of various sorts of properties (such as semantic, phonetic, orthographic, and grammatical properties). I argue that this view can better account for certain phenomena than substance theories, is ontologically more parsimonious, and coheres with claims in linguistics.

Does the capacity to think require the capacity to sense? A lively debate on this topic runs throughout the history of philosophy and now animates discussions of artificial intelligence. Many have argued that AI systems such as large language models cannot think and understand if they lack sensory grounding. I argue that thought does not require sensory grounding: there can be pure thinkers who can think without any sensory capacities. As a result, the absence of sensory grounding does not entail (...) that large language models cannot think or understand. I also consider to what extent quasi-sensory grounding can at least boost the performance of a language model. (shrink)

What are words? What makes two token words tokens of the same word-type? Are words abstract entities, or are they (merely) collections of tokens? The ontology of words tries to provide answers to these, and related questions. This article provides an overview of some of the most prominent views proposed in the literature, with a particular focus on the debate between type-realist, nominalist, and eliminativist ontologies of words.

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...) a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by s. 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded on their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable” given what the accused knew, the legal definition of consent in section 273.1 is easily over-looked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. -/- That is precisely what we see here; the result is often failure to enforce the law. The author proposes: -/- (a) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and -/- (b) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent. (shrink)

We argue that any strong version of a knowledge condition on intentional action, the practical knowledge principle, on which knowledge of what I am doing (under some description: call it A-ing) is necessary for that A-ing to qualify as an intentional action, is false. Our argument involves a new kind of case, one that centers the agent’s control appropriately and thus improves upon Davidson’s well-known carbon copier case. After discussing this case, offering an initial argument against the knowledge condition, and (...) discussing recent treatments that cover nearby ground, we consider several objections. One we consider at some length maintains that although contemplative knowledge may be disconnected from intentional action, specifically practical knowledge of the sort Anscombe elucidated escapes our argument. We demonstrate that this is not so. Our argument illuminates an important truth, often overlooked in discussions of the knowledge-intentional action relationship: intentional action and knowledge have different levels of permissiveness regarding failure in similar circumstances. (shrink)

It has been widely argued that words are analogous to species such that words, like species, are natural kinds. In this paper, I consider the metaphysics of word-kinds. After arguing against an essentialist approach, I argue that word-kinds are homeostatic property clusters, in line with the dominant approach to other biological and psychological kinds.

ABSTRACT The idea that two words can be instances of the same word is a central intuition in our conception of language. This fact underlies many of the claims that we make about how we communicate, and how we understand each other. Given this, irrespective of what we think words are, it is common to think that any putative ontology of words, must be able to explain this feature of language. That is, we need to provide criteria of identity for (...) word-types which allow us to individuate words such that it can be the case that two particular word-instances are instances of the same word-type. One solution, recently further developed by Irmak, holds that words are individuated by their history. In this paper, I argue that this view either fails to account for our intuitions about word identity, or is too vague to be a plausible answer to the problem of word individuation. (shrink)

It’s one thing to do the right thing. It’s another to be creditable for doing the right thing. Being creditable for doing the right thing requires that one does the right thing out of a morally laudable motive and that there is a non-accidental fit between those two elements. This paper argues that the two main views of morally creditable action – the Right Making Features View and the Rightness Itself View – fail to capture that non-accidentality constraint: the first (...) because it morally credits agents who make heavy-duty moral mistakes; the second because it fails to generalise and is too conservative – a point which this paper gives renewed defence. The paper then goes on to defend and develop an alternative according to which moral worth is mediated by the agent’s knowing how to respond to the reasons of the type which make acting in that way right. It’s argued that this view avoids the problems for the alternatives, and it’s shown that in order for the view to avoid collapsing into a problematic form of Reliabilism we’ll have to think of states of knowing how as essentially successful in character. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length (...) in “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

This paper contains a critical examination of the prospects for analyses of knowledge that weaken the factivity condition such that knowledge implies approximate truth.

Sceptical theists--e.g., William Alston and Michael Bergmann--have claimed that considerations concerning human cognitive limitations are alone sufficient to undermine evidential arguments from evil. We argue that, if the considerations deployed by sceptical theists are sufficient to undermine evidential arguments from evil, then those considerations are also sufficient to undermine inferences that play a crucial role in ordinary moral reasoning. If cogent, our argument suffices to discredit sceptical theist responses to evidential arguments from evil.

We can contrast rationalising explanations of the form S φs because p with those of the form S φs because S believes that p. According the Common Kind View, the two sorts of explanation are the same. The Disjunctive View denies this. This paper sets out to elucidate the sense in which the Common Kind Theorist asserts, but the Disjunctivist denies, that the two explanations are the same. I suggest that, in the light of the distinction between kinds of explanation (...) and particular explanations, the relevant sameness thesis is ambiguous, thus giving us two distinct versions of the Common Kind View. I then argue that the only direct arguments for Disjunctivism available in the literature fail because they only succeed in undermining one version of the Common Kind View. I finish, however, by providing a fresh argument for the Disjunctive View which aims to undermine both versions of its competitor. (shrink)

It is now common to distinguish Metaphysical from Epistemological Disjunctivism. It is equally common to suggest that it is at least not obvious that the latter requires a commitment to the former: at the very least, a suitable bridge principle will need to be identified which takes one from the latter to the former. This paper identifies a plausible-looking bridge principle that takes one from the version of Epistemological Disjunctivism defended by John McDowell and Duncan Pritchard, which I label Reflective (...) Epistemological Disjunctivism, or (RED), to Metaphysical Disjunctivism. Moreover, it identifies a modification the proponent of (RED) could, and should, make to the Internalist component of their theory, and argues that the commitment to Metaphysical Disjunctivism remains, even if such a modification is made. The upshot is that the commitment to Metaphysical Disjunctivism on the part of (RED) is shown to be particularly robust. (shrink)

Here is a surprisingly neglected question in contemporary epistemology: what is it for an agent to believe that p in response to a normative reason for them to believe that p? On one style of answer, believing for the normative reason that q factors into believing that p in the light of the apparent reason that q, where one can be in that kind of state even if q is false, in conjunction with further independent conditions such as q’s being (...) a normative reason to believe that p. The primary objective of this paper is to demonstrate that that style of answer cannot be right, because we must conceive of believing for a normative reason as constitutively involving a kind of rationality-involving relation that can be instantiated at all only if there is a known fact on the scene, which the agent treats as a normative reason. A secondary objective, achieved along the way, is to demonstrate that in their Prime Time Errol Lord and Kurt Sylvan do not succeed in undermining the factoring picture in general, only a simple-minded version of it. (shrink)

I advance a type of conceptualist argument for substance dualism – minimally, the view that we are spiritual substances that have bodies – based on the understandability of what it would be for something to be a spirit, e.g. what it would be for God to be a spirit. After presenting the argument formally, I clarify and defend its various premises with a special focus on what I take to be the most controversial one, namely, if thinking matter is metaphysically (...) possible, it is not the case that we have a distinct positive concept of God's being a divine spirit. (shrink)

The natural name theory, recently discussed by Johnson (2018), is proposed as an explanation of pure quotation where the quoted term(s) refers to a linguistic object such as in the sentence ‘In the above, ‘bank’ is ambiguous’. After outlining the theory, I raise a problem for the natural name theory. I argue that positing a resemblance relation between the name and the linguistic object it names does not allow us to rule out cases where the natural name fails to resemble (...) the linguistic object it names. I argue that to avoid this problem, we can combine the natural name theory with a type-realist metaphysics of language, and hold that the name is natural because the name is an instance of the kind that it names. I conclude by reflecting on the importance of the metaphysics of language for questions in the philosophy of language. (shrink)

A prominent view holds that perception and memory are distinguished at least partly by their temporal orientation: Perception functions to represent the present, while memory functions to represent the past. Call this view perceptual presentism. This chapter critically examines perceptual presentism in light of contemporary perception science. I adduce evidence for three forms of perceptual sensitivity to the past: (i) shaping perception by past stimulus exposure, (ii) recruitment of mnemonic representations in perceptual processing, and (iii) perceptual representation of present objects (...) as possessing past properties. I argue that forms (i) and (ii) are consistent with perceptual presentism, while form (iii) poses a genuine threat to the view. While the empirical case for form (iii) remains inconclusive, I suggest that the most serious challenges to perceptual presentism derive from representations that integrate mnemonic and present-tensed elements in the performance of canonical perceptual functions, such as perceiving object continuity over time. (shrink)

The author examines two proposals to expand legal recognition of individual control over physical integrity. Protections for individual autonomy are discussed in relation to the right to die, euthanasia, medical treatment, and consensual and assaultive sexual behaviours. The author argues that at present, the legal doctrine of consent protects only those individual preferences which are seen to be congruent with dominant societal values; social preferences and convenience override all other individual choices. Under these conditions, more freedom to waive rights of (...) physical integrity can only place socially vulnerable persons at great risk of abuse. (shrink)

(In The Routledge Handbook of Philosophy and Psychology of Forgiveness, edited by Glen Pettigrove and Robert Enright) This chapter discusses forgiveness conceived as primarily a volitional commitment, rather than an emotional transformation. As a commitment, forgiveness is distal, involving moral agency over time, and can take the form of a speech act or a chosen attitude. The purpose can be a commitment to repair or restore relationships with wrongdoers for their sake or the sake of the relationship, usually by forswearing (...) one’s hostile attitudes toward a particular wrongdoing; the commitment may also be to oneself for one’s own sake, to be a person with a virtue of forgivingness. It can be incident-specific, that is, a response to a particular occasion of harm, or a forward-looking disposition, an aim to cultivate the habit of being a forgiving person in advance. The enabling conditions of forgivingness as a virtue may be more basic master virtues including integrity and humility, motivations that also underpin commitments to be unforgiving, so this chapter concludes with some careful consideration of the ethics of unforgivingness to others, and the commitment to be unforgiving of oneself. (shrink)

This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...) v Edmondson SKQB (2003). Both were sexual assault cases. In George a thirty-five year old woman with five children was tried and ultimately acquitted of sexual assault and sexual interference after she was assaulted in her home by a fourteen year old male. Striking similarities between the reasoning and language in the trial decision in George and the sentencing decision in Edmondson demonstrate entrenched antipathy for sexual assault law and the fundamental principles of justice, equality, and impartiality. This is arguably judicial misconduct, persisting despite access in the interim to many years of judicial education programming, not merely legal error. The problem does not lie with the judge alone, however. A toxic mix of misogyny and blindly zealous enforcement of the law appears to have undermined the administration of justice in George from the outset at all levels. The problems are systemic. Were this not the case, it is likely that Barbara George would not have been charged. (shrink)

Pritchard calls his epistemological disjunctivism ‘the holy grail of epistemology’. What this metaphor means is that the acceptance of this thesis puts the internalism-externalism debate to an end, thanks to satisfaction of intuitions standing behind both competing views. Simultaneously, Pritchard strongly emphasizes that the endorsement of epistemological disjunctivism does not commit one to metaphysical disjunctivism. In this paper I analyze the formulations and motivations of epistemological disjunctivism presented by Pritchard and McDowell. Then I consider the most common argument for the (...) claim that epistemological disjunctivism can be held without the support of metaphysical disjunctivism. I conclude that the plausibility of epistemological disjunctivism depends on the plausibility of metaphysical disjunctivism. If the latter is false, the former postulates a set of conditions for epistemic justification that are impossible to be fulfilled. (shrink)

The harmonious free play of the imagination and understanding is at the heart of Kant’s account of beauty in the Critique of the Power of Judgement, but interpreters have long struggled to determine what Kant means when he claims the faculties are in a state of free play. In this article, I develop an interpretation of the free play of the faculties in terms of the freedom of attention. By appealing to the different way that we attend to objects in (...) aesthetic experience, we can explain how the faculties are free, even when the subject already possesses a concept of the object and is bound to the determinate form of the object in perception. (shrink)

Williams, Elster and Pears hold that an effort to induce in oneself a belief in the truth of some proposition that one believes to be false can succeed only if one manages, somewhere along the way, to forget that one is engaged in such an effort. Although this view has strong intuitive appeal, it is false, and in this paper it is shown to be false by example.

Intersectionality has utilized various feminist theories that continue subculture of violence thinking about Black men and boys. While intersectional feminists often claim that intersectionality leads to a clearer social analysis of power and hierarchies throughout society and within groups, the categories and claims of intersectionality fail to distinguish themselves from previously racist theories that sought to explain race, class, and gender, based on subcultural values. This article is the first to interrogate the theories used to construct the gendered categories and (...) the assumptions behind Black male positionality under intersectional analyses. Contrary to its promises for more liberated Black identities, intersectionality merely replicates the pseudo-science of racist criminology and presents decades old theories as cutting-edge gender analyses. In short, while intersectionality has allowed Black women to create nuanced experiences and epistemological accounts of Black womanhood, the very same theory has confined Black male experience to the perpetration of violence and defined Black manhood as lesser—merely the exemplification of white masculinity’s pathological excess. (shrink)

Precision Medicine is driven by the idea that the rapidly increasing range of relatively cheap and efficient self-tracking devices make it feasible to collect multiple kinds of phenotypic data. Advocates of N = 1 research emphasize the countless opportunities personal data provide for optimizing individual health. At the same time, using biomarker data for lifestyle interventions has shown to entail complex challenges. In this paper, we argue that researchers in the field of precision medicine need to address the performative dimension (...) of collecting data. We propose the fun-house mirror as a metaphor for the use of personal health data; each health data source yields a particular type of image that can be regarded as a ‘data mirror’ that is by definition specific and skewed. This requires competence on the part of individuals to adequately interpret the images thus provided. (shrink)

In this paper, I examine the role of attention in Kant’s aesthetic theory in the Critique of the Power of Judgment. While broadly Kantian aestheticians have defended the claim that there is a distinct way that we attend to objects in aesthetic experience, Kant himself is not usually acknowledged as offering an account of aesthetic attention. On the basis of Kant’s more general account of attention in other texts and his remarks on attention in the Critique of the Power of (...) Judgment, I reconstruct Kant’s account of aesthetic attention. On this account, aesthetic attention is simultaneously directed at the form of an object and at the judging subject’s own mental states as she attends to the object. In the experience of beauty, we specifically attend to the harmonious relation between the faculties of imagination and understanding. (shrink)

Although epistasis is at the center of the Fisher-Wright debate, biologists not involved in the controversy are often unaware that there are actually two different formal definitions of epistasis. We compare concepts of genetic independence in the two theoretical traditions of evolutionary genetics, population genetics and quantitative genetics, and show how independence of gene action (represented by the multiplicative model of population genetics) can be different from the absence of gene interaction (represented by the linear additive model of quantitative genetics). (...) The two formulations converge with weak selection but not with strong selection or, for multiple loci, when the aggregated interaction terms are not negligible. As a result of the different formulations of gene interaction, the presence or absence of linkage disequilibrium,/D/, does not necessarily indicate the presence or absence of fitness epistasis. Indeed, linkage disequilibrium is generated in ‘additive’ models in quantitative genetics whenever two (or more) loci experience simultaneous selection. As a research strategy, it is often practical, for theoretical or experimental reasons, to minimize gene interaction by assuming independence of gene action in regard to fitness, or by assuming linear additive effects of multiple loci on a phenotype. However, minimizing the role of epistasis in theoretical investigations hinders our understanding of the origins of diversity and the evolution of complex phenotypes. (shrink)

Part I argues that ontological arguments, like other classical proofs of the existence of God, are parts of larger arguments in which they are embedded. These larger arguments include reasons supporting the proofs’ premises and responses to them, and to the proofs’ claims to validity and non-circularity, since, in the final analysis, our assessment of the proofs will express our best judgment of the cumulative force of all the considerations bearing on their overall adequacy. Part II illustrates these points by (...) examining contemporary defences of, and attacks on, one of the ontological argument’s central premises, namely, that God’s existence is logically possible. (shrink)

In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...) record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case. (shrink)

In this chapter, we argue that the web is a poietically- enabling environment, which both enhances and requires the development of a “constructionist ethics”. We begin by explaining the appropriate concept of “constructionist ethics”, and analysing virtue ethics as the primary example. We then show why CyberEthics (or Computer Ethics, as it is also called) cannot be based on virtue ethics, yet needs to retain a constructionist approach. After providing evidence for significant poietic uses of the web, we argue that (...) ethical constructionism is not only facilitated by the web, but is also what the web requires as an ethics of the digital environment. In conclusion, we relate the present discussion to standard positions in CyberEthics and to a broader project for Information Ethics. (shrink)

This study aims to use the Asian knowledge model “APO” as a determinant for performance excellence in universities and identifying the most effecting factors on it. This study was applied on Al-Azhar University in Gaza strip. The result of the study showed that (APO) model is valid as a measure and there are four dimensions in the model affecting significantly more than the others (university processes, KM leadership, personnel, KM outputs). Furthermore, performance excellence produced though modernizing the means of education, (...) curriculum development, technology and flexibility in the organizational structure. The study recommends expanding the usage of (APO) model, enhancing the role of knowledge leadership, technology, organizational flexibility, sharing culture and incentive systems that encouraging innovation. (shrink)

The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis of criminal (...) responsibility, and error. The problem illustrates how easily old rhetoric perpetuates assumptions that no longer have a place in Canadian law. (shrink)

We address the ethics of scenarios in which one party entraps, intentionally tempts or intentionally tests the virtue of another. We classify, in a new manner, three distinct types of acts that are of concern, namely acts of entrapment, of intentional temptation and of virtue testing. Our classification is, for each kind of scenario, of itself neutral concerning the question whether the agent acts permissibly. We explain why acts of entrapment are more ethically objectionable than like acts of intentional temptation (...) and why these, in turn, are more ethically objectionable than like acts of virtue testing. Along the way, we scrutinize, and eventually reject, the view that acts of entrapment are ethically unacceptable because intentional temptation is involved in entrapment. (shrink)

This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is a collective societal (...) responsibility, the individual cannot be justly rewarded or punished for his or her choices with respect to life, well-being and essential commodities insofar as these choices are justified or excused by standards of substantive justice. Societal conditions and institutional arrangements should be recognized as grounds for justification and excuse because they may impose limits and constraints on the choices available to an individual that are as unavoidable and compelling as those imposed by chance or by another human being. (shrink)

It is now standard in the literature on reasons and rationality to distinguish normative reasons from motivating reasons. Two issues have dominated philosophical theorising concerning the latter: (i) whether we should think of them as certain (non-factive) psychological states of the agent – the dispute over Psychologism; and (ii) whether we should say that the agent can Φ for the reason that p only if p – the dispute over Factivism. This paper first introduces a puzzle: these disputes look very (...) much like merely verbal disputes about the meaning of phrases like `S’s reason’ in motivating reasons ascriptions, and yet charity requires us to think that something substantive is afoot. But what? The second aim of the paper is to extract substantive theses from certain natural arguments for Psychologism and Anti-Factivism – theses which are versions of a controversial view of the nature and normative structure of rationality. The paper ends by arguing against these substantive theses on phenomenological and ethical grounds. The upshot is that proponents of Psychologism and Anti-Factivism are either engaged in the project of defending merely verbal theses or they’re engaged in the project of defending false substantive ones. (shrink)

Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

The practice of screening potential users of reproductive services is of profound social and political significance. Access screening is inconsistent with the principles of equality and self-determination, and violates individual and group human rights. Communities that strive to function in accord with those principles should not permit access screening, even screening that purports to be a benign exercise of professional discretion. Because reproductive choice is controversial, regulation by law may be required in most jurisdictions to provide effective protection for reproductive (...) rights. In Canada, for example, equal access can, and should be, guaranteed by federal regulations imposing strict conditions on the licences of fertility clinics. (shrink)

This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault under Canadian law. For reasons explained (...) in the review, this reviewer concludes that Plaxton's proposal and the rationale he presents in support of its adoption are unpersuasive. (shrink)

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...) worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

I offer a new argument for the elimination of ‘beliefs’ from cognitive science based on Wimsatt’s concept of robustness and a related concept of fragility. Theoretical entities are robust if multiple independent means of measurement produce invariant results in detecting them. Theoretical entities are fragile when multiple independent means of detecting them produce highly variant results. I argue that sufficiently fragile theoretical entities do not exist. Recent studies in psychology show radical variance between what self-report and non-verbal behaviour indicate about (...) participants’ beliefs. This is evidence that ‘belief’ is fragile, and is thus a strong candidate for elimination. 1 Introduction2 Robustness and Fragility2.1 A historical example of robustness2.2 Fragility and elimination3 The Received View4 Evidence for the Fragility of Belief4.1 Contamination and fragility4.2 Implicit association tests and fragility5 Attempts to Preserve the Belief Category for Cognitive Science5.1 Beliefs and aliefs5.2 Contradictory beliefs5.3 In-between beliefs and the unity assumption5.4 Belief sub-classes5.5 Self-deception6 Alternative Mental States7 Conclusion. (shrink)

Searle claims that his theory of institutional reality is particularly suitable as a theoretical scheme of individuation for work in the social sciences. We argue that this is not the case. The first problem with regulatory individuation is due to the familiar fact that institutional judgments have constrained revisability criteria. The second problem with regulatory individuation is due to the fact that institutions amend their declarative judgments based on the inferential (syntactic) properties of the judgments and in response to regulatory (...) pressure, and not based on descriptive (semantic) properties and in response to matters of descriptive adequacy. These two problems imply that ‘regulatory kinds' (countries, borders, kings) will almost inevitably be disjunctive kinds that are ill-suited for scientific theorizing. This also explains why the law often makes odd pronouncements, e.g. calling ketchup a vegetable, considering an arm bent fifteen degrees to be straight, and not admitting that Somaliland is a country. (shrink)

Van Fraassen’s (1989) infamous best of a bad lot objection is widely taken to be the most serious problem that afflicts theories of inference to the best explanation (IBE), for it alleges to show that we should not accept the conclusion of any case of such reasoning as it actually proceeds. Moreover, this is supposed to be the case irrespective of the details of the particular criteria used to select best explanations. The best of a bad lot objection is predicated (...) on, and really only requires, the idea that in any real case of IBE where one hypothesis is favored as best over those with which it competes, it is always the case that it is more likely that the true explanation is to be found in the set of unformulated and unconsidered logical alternatives to the set of actually considered hypotheses. On this basis, Van Fraassen believes that accepting the conclusion of IBEs so understood is irrational and this is simply because such inferences are supposedly not probative. In this paper the best of a bad lot objection will be addressed and it will be shown that Van Fraassen’s notorious criticism of IBE depends on a problematic conflation of two notions of rationality and thus that his criticism of IBE involves a damning equivocation. In essence, he conflates ideal standards of rationality with epistemic standards of rationality and, in so doing, makes it appear to be the case that we should not accept the conclusions of IBEs. But, when we disambiguate the concepts of rationality at work in the argument Van Fraassen’s conclusion simply does not follow. (shrink)

This paper provides a retrospective and prospective overview of TU Delft’s approach to engineering ethics education. For over twenty years, the Ethics and Philosophy of Technology Section at TU Delft has been at the forefront of engineering ethics education, offering education to a wide range of engineering and design students. The approach developed at TU Delft is deeply informed by the research of the Section, which is centered around Responsible Research and Innovation, Design for Values, and Risk Ethics. These theoretical (...) approaches are premised on the notion that technologies are inherently value-laden, and as such contain the possibility of fostering or hindering moral values. Each of these approaches encourages students to take a proactive attitude with respect to their projects and profession, thinking creatively about – and taking responsibility for – how to both prevent harm and do good via the technologies they help develop. To explain how this is put into practice, this paper sketches a brief history of ethics teaching at TU Delft, outlines current activities, and presents future plans for Bachelor and Master’s level engineering ethics education at TU Delft. (shrink)

There has recently been a revived interest in temporal justice among political philosophers. For example, lone mothers have, on average, 30 h less free time per week than people in couples without children. Recent work has focussed on free time as a distinct distributive good, but this paper argues that it would be a mistake for a theory of temporal justice to focus only on shares of free time. First, I argue that the concept of free time does not succeed (...) in tracking discretionary control over time. All of time is a resource, and the particular moral relevance of free time must be established otherwise. Second, hours of time differ in use value, and we cannot fully track our concerns about the allocation of time, whether free or necessary, without taking this into account. We care about free time but also about ‘quality time’. To explain this observation, I develop an account of the value of time as a resource. The value of time periods differs with the prospects for which a time period can be used, that is, what we can do and be with it. What we are allocating when we are allocating time is not just hours; it is hours of time with a certain value. Finally, I argue that a concern for the value of time is compatible with a resourcist theory of temporal justice. (shrink)

This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...) person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well -- acquaintances, supervisors or co-workers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges, to truncate legal analysis of the facts and leap to erroneous conclusions about “consent.” Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of pre-judgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used. (shrink)