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)

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 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)

This dissertation engages in a critical analysis of the work of Adolf Reinach in the theory of knowledge and legal philosophy. Reinach had trained as a lawyer and brought that perspective and experience to bear in his phenomenological work on problems in evidence and legal philosophy. His contributions to phenomenology in the early 20th century provide a window into the earliest phases of the development of the phenomenological movement, prior to World War I. This dissertation locates this work in the (...) European intellectual context of the era and finds analogies with key philosophical dilemmas and developments in England during the same period, arguably ones with shared intellectual roots. Valued for his talent as an inspiring university lecturer, Reinach was a central figure in the circle of young scholars who practiced phenomenology in the spirit of the "early" "pre-Ideen" phase of phenomenology. The dissertation Appendices include translations of selected excerpts from the Nachlass. My translation of the obituary Edmund Husserl wrote and published following Adolf Reinach's death in WWI is published separately. Professor Raymond Klibansky was my supervisor and mentor throughout. (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)

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)

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 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)

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)

The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific changes (...) in decision-making processes and practices. These changes are required to achieve a standard of decision-making that is consistent with the public interest in the administration of justice within a constitutional framework under the social and political conditions of the early 21st century. The essay illustrates the application of the principles and methods of legitecture to analysis of problems of institutional design in law. (shrink)

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)

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)

This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and extensive (...) interviews with individuals drawn from government, agencies, and other parties, including counsel for public interest groups. This enables author, writing from her experience as a participant-observer embedded in the public interest legal sector, to draw on the experiences and perspectives of a broad range of participants in the regulatory process, including but not limited to those dealing with the regulated energy, transportation, communications, and foreign investment sectors. Legal principles identified as emergent in leading judicial decisions in administrative law are used to assess the powers and practices used in executive reviews and appeals. The author finds those powers and practices to be flawed and proposes changes. The proposed models are designed to accord with emerging legal principles and avoid flaws of the types identified in the review and appeal provisions. This work, written under contract with the Administrative Law Project of the Law Reform Commission of Canada, formed one part of a comprehensive study of administrative law at the federal level in Canada. (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)

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)

Recent develops in AI technology have led to increasingly sophisticated forms of video manipulation. One such form has been the advent of deepfakes. Deepfakes are AI-generated videos that typically depict people doing and saying things they never did. In this paper, I demonstrate that there is a close structural relationship between deepfakes and more traditional fake barn cases in epistemology. Specifically, I argue that deepfakes generate an analogous degree of epistemic risk to that which is found in traditional cases. Given (...) that barn cases have posed a long-standing challenge for virtue-theoretic accounts of knowledge, I consider whether a similar challenge extends to deepfakes. In doing so, I consider how Duncan Pritchard’s recent anti-risk virtue epistemology meets the challenge. While Pritchard’s account avoids problems in traditional barn cases, I claim that it leads to local scepticism about knowledge from online videos in the case of deepfakes. I end by considering how two alternative virtue-theoretic approaches might vindicate our epistemic dependence on videos in an increasingly digital world. (shrink)

The received view about depression in the philosophical literature is that it is defined, in part, by epistemic irrationality. This status is undeserved. The received view does not fully reflect current clinical thinking and is motivated by an overly simplistic, if not false, account of depression’s phenomenal character. Equally attractive, if not more so, is a view that says depression can be instantiated either rationally or irrationally. This rival view faces challenges of its own: it appears to entail that there (...) are situations when not being depressed is rationally sub-optimal and that resilience to, and healthy coping strategies for avoiding, depression can be rationally remiss. I criticise an existing reply to these challenges before motivating a better one from the perspective of epistemic consequentialism. (shrink)

Is “liberal socialism” an oxymoron? Not quite, but I will demonstrate here that it is a much more unstable and uncommon hybrid than scholars had previously thought and that almost all liberals should reject socialism, even in its most attractive form. More specifically, I will show that three leading varieties of liberalism—neutralist, plural-perfectionist, and deliberative-democratic—are incompatible with even a moderate form of socialism, viz., associational market socialism. My paper will also cast grave doubt on Rawls’s belief that justice as fairness (...) is consistent with liberal socialism. (shrink)

In recent years, a number of philosophers have turned their attention to developments in Artificial Intelligence, and in particular to deepfakes. A deepfake is a portmanteau of ‘deep learning' and ‘fake', and for the most part they are videos which depict people doing and saying things they never did. As a result, much of the emerging literature on deepfakes has turned on questions of trust, harms, and information-sharing. In this paper, I add to the emerging concerns around deepfakes by drawing (...) on resources from vice epistemology. As deepfakes become more sophisticated, I claim, they will develop to be a source of online epistemic corruption. More specifically, they will encourage consumers of digital online media to cultivate and manifest various epistemic vices. My immediate focus in this paper is on their propensity to encourage the development of what I call ‘intellectual cynicism'. After sketching a rough account of this epistemic vice, I go on to suggest that we can partially offset such cynicism – and fears around deceptive online media more generally – by encouraging the development what I term a trained ‘digital sensibility'. This, I contend, involves a calibrated sensitivity to the epistemic merits of online content. (shrink)

Death can be bad for an individual who has died, according to the “deprivation approach,” by depriving that individual of goods. One worry for this account of death’s badness is the Lucretian symmetry argument: since we do not regret having been born later than we could have been born, and since posthumous nonexistence is the mirror image of prenatal nonexistence, we should not regret dying earlier than we could have died. Anthony Brueckner and John Martin Fischer have developed a response (...) to the Lucretian challenge by arguing that it is rational to have asymmetric attitudes toward posthumous and prenatal nonexistence. Recently, Jens Johansson has criticized the Brueckner/Fischer position, claiming that it is irrelevant whether it is actually rational to care about future pleasures but not past pleasures. What matters, according to Johansson, is whether it would be rational for us to care about past pleasures had we come into existence earlier. In this paper, I add to the conversation between Johansson and Brueckner/Fischer by suggesting a way to defend the latter side’s position in a way that has not yet been suggested. I do this by considering a suggestion of Johansson’s for interpreting the Brueckner/Fischer position and by arguing that Johansson’s worry for the position I consider is actually incoherent. (shrink)

Deepfakes are extremely realistic audio/video media. They are produced via a complex machine-learning process, one that centrally involves training an algorithm on hundreds or thousands of audio/video recordings of an object or person, S, with the aim of either creating entirely new audio/video media of S or else altering existing audio/video media of S. Deepfakes are widely predicted to have deleterious consequences (principally, moral and epistemic ones) for both individuals and various of our social practices and institutions. In this introduction (...) to the Topical Collection, I first survey existing philosophical research on deepfakes (Sects. 2 and 3). I then give an overview of the papers that comprise the Collection (Sect. 4). Finally, I conclude with remarks on a line of argument made in a number of papers in the Topical Collection: that deepfakes may cause their own demise (Sect. 5). (shrink)

What is the relationship between perception and mental imagery? I aim to eliminate an answer that I call perceptualism about mental imagery. Strong perceptualism, defended by Bence Nanay, predictive processing theorists, and several others, claims that imagery is a kind of perceptual state. Weak perceptualism, defended by M. G. F. Martin and Matthew Soteriou, claims that mental imagery is a representation of a perceptual state, a view sometimes called The Dependency Thesis. Strong perceptualism is to be rejected since it misclassifies (...) imagery disorders and abnormalities as perceptual disorders and abnormalities. Weak Perceptualism is to be rejected since it gets wrong the aim and accuracy conditions of a whole class of mental imagery–projected mental imagery–and relies on an impoverished concept of perceptual states, ignoring certain of their structural features. Whatever the relationship between perception and imagery, the perceptualist has it wrong. (shrink)

I argue that considerations pertaining to constitutive luck undermine historicism—the view that an agent’s history can determine whether or not she is morally responsible. The main way that historicists have motivated their view is by appealing to certain cases of manipulation. I argue, however, that since agents can be morally responsible for performing some actions from characters with respect to which they are entirely constitutively lucky, and since there is no relevant difference between these agents and agents who have been (...) manipulated into acting from a character bestowed upon them by their manipulators, we should give up historicism. After presenting this argument and defending it against some potential objections, I briefly criticize the standard structuralist alternative and propose a new structuralist position that is shaped by reflection on constitutive luck. (shrink)

It is unlikely that when my the grandfather of Cometan, Derrick Taylor, sat down to participate in an interview with his good friend Judith Shean now almost thirty years ago that all those years later his grandson would have written a book analysing that very interview. On 22nd February 1995, Derrick Taylor agreed to participate in an interview at his home 222 Longmeanygate to reveal his experience as a Protestant turned Catholic. During the interview, Derrick Taylor provided (...) a realistic view of what his life had been like detailing loss, tragedy and suffering. By contrast, he also detailed his predisposition for experiencing interior locutions – divine communications to the ear – which filled him with great elation in times of spiritual crisis. This interview was titled Light a Candle for Me as based on Derrick Taylor's very first interaction with the Sacred Heart of Jesus when he was just seven years old in which he asked his friend's mother to light a candle for him as a metaphor for his journey to Catholicism. What we ultimately learn of Derrick Taylor's character in this 1995 interview is that he held such a dedication to the Catholic faith that he found it difficult to reconcile the fact that the world and the Church were changing. In this interview, which is now often titled the Sceptre Bulletin Interview, Derrick Taylor tells us in his own words what he thought of the reforms of the Second Vatican Council. This book, the Catholic Conversion, is an exegetical work written by Derrick's grandson Cometan some 27 years later that develops his grandfather's words into a set of theological concepts that come to form Derrick Taylor's definitive approach to Catholicism. (shrink)

Olfaction represents odors, if it represents anything at all. Does olfaction also represent ordinary objects like cheese, fish and coffee-beans? Many think so. This paper argues that it does not. Instead, we should affirm an austere account of the intentional objects of olfaction: olfactory experience is about odors, not objects. Visuocentric thinking about olfaction has tempted some philosophers to say otherwise.

The vast literature on negative treatment of outgroups and favoritism toward ingroups provides many local insights but is largely fragmented, lacking an overarching framework that might provide a unified overview and guide conceptual integration. As a result, it remains unclear where different local perspectives conflict, how they may reinforce one another, and where they leave gaps in our knowledge of the phenomena. Our aim is to start constructing a framework to help remedy this situation. We first identify a few key (...) ideas for creating a theoretical roadmap for this complex territory, namely the principles of etiological functionalism and the dual inheritance theory of human evolution. We show how a “molecular” approach to emotions fits into this picture, and use it to illuminate emotions that shape intergroup relations. Finally, we weave the pieces together into the beginnings of a systematic taxonomy of the emotions involved in social interactions, both hostile and friendly. While it is but a start, we have developed the argument in a way that illustrates how the foundational principles of our proposed framework can be extended to accommodate further cases. (shrink)

Aphantasia is a condition characterised by a deficit of mental imagery. Since several psychopathologies are partially maintained by mental imagery, it may be illuminating to consider the condition against the background of psychological disorder. After outlining current findings and hypotheses regarding aphantasia and psychopathology, this paper suggests that some support for defining aphantasia as a lack of voluntary imagery may be found here. The paper then outlines potentially fruitful directions for future research into aphantasia in general and its relation to (...) psychopathology in particular, including rethinking use of the SUIS to measure involuntary imagery, whether aphantasia offers protection against addiction, and whether hyperphantasia is a potential risk factor for maladaptive daydreaming, among others. (shrink)

Longstanding philosophical debate over the semantics of proper names has yet to examine the distinctive behavior of deadnames, names that have been rejected by their former bearers. The use of these names to deadname individuals is derogatory, but deadnaming derogates differently than other kinds of derogatory speech. This paper examines different accounts of this behavior, illustrates what going views of names will have to say to account for it, and articulates a novel version of predicativism that can give a semantic (...) explanation for this derogation. (shrink)

Aesthetic non-inferentialism is the widely-held thesis that aesthetic judgements either are identical to, or are made on the basis of, sensory states like perceptual experience and emotion. It is sometimes objected to on the basis that testimony is a legitimate source of such judgements. Less often is the view challenged on the grounds that one’s inferences can be a source of aesthetic judgements. This paper aims to do precisely that. According to the theory defended here, aesthetic judgements may be unreasoned, (...) insofar as they are immediate judgements made on the basis of, and acquiring their justification from, causally prior sensory states. Yet they may also be reasoned, insofar as they may be the outputs of certain inferences. Crucially, a token aesthetic judgement may be unreasoned and reasoned, simultaneously. A key reason for allowing inference a serious role in aesthetic judgements emerges from reflection upon the nature of aesthetic expertise. (shrink)

Seeing one’s laptop to be missing, hearing silence and smelling fresh air; these are all examples of perceptual experiences of absences. In this paper I discuss an example of absence perception in the tactual sense modality, that of tactually perceiving a tooth to be absent in one’s mouth, following its extraction. Various features of the example challenge two recently-developed theories of absence perception: Farennikova’s memory-perception mismatch theory and Martin and Dockic’s meta-cognitive theory. I speculate that the mechanism underlying the experience (...) is a body schema that has failed to update itself. (shrink)

Perceptual experience has representational content. My argument for this claim is an inference to the best explanation. The explanandum is cognitive penetration. In cognitive penetration, perceptual experiences are either causally influenced, or else are partially constituted, by mental states that are representational, including: mental imagery, beliefs, concepts and memories. If perceptual experiences have representational content, then there is a background condition for cognitive penetration that renders the phenomenon prima facie intelligible. Naïve realist or purely relational accounts of perception leave cognitive (...) penetration less well-explained, even when formulated with so-called ‘standpoints’ or ‘third relata.’. (shrink)

How tight is the conceptual connection between imagination and perception? A number of philosophers, from the early moderns to present-day predictive processing theorists, tie the knot as tightly as they can, claiming that states of the imagination, i.e. mental imagery, are a proper subset of perceptual experience. This paper labels such a view ‘perceptualism’ about the imagination and supplies new arguments against it. The arguments are based on high-level perceptual content and, distinctly, cognitive penetration. The paper also defuses a recent, (...) influential argument for perceptualism based on the ‘discovery’ that visual perception and mental imagery share a significant neural substrate: circuitry in V1, the brain’s primary visual cortex. Current neuropsychology is shown to be equivocal at best on this matter. While experiments conducted on healthy, neurotypical subjects indicate substantial neural overlap, there is extensive clinical evidence of dissociations between imagery and perception in the brain, most notably in the case of aphantasia. (shrink)

It is widely thought that, to be morally responsible for some action or omission, an agent must have had, at the very least, the general ability to do otherwise. As we argue, however, there are counterexamples to the claim that moral responsibility requires the general ability to do otherwise. We present several cases in which agents lack the general ability to do otherwise and yet are intuitively morally responsible for what they do, and we argue that such cases raise problems (...) for various kinds of accounts of moral responsibility. We suggest two alternative approaches to thinking about the connection between moral responsibility and abilities to do otherwise, one of which denies that there is any ability-to-do-otherwise requirement on moral responsibility and the other of which requires only an opportunity to do otherwise. We also argue that a general-ability-to-do-otherwise requirement not only faces counterexamples but also lacks positive motivation. (shrink)

Is moral responsibility essentially historical, or does an agent's moral responsibility for an action depend only on their psychological structure at that time? In previous work, I have argued that the two main (non‐skeptical) views on moral responsibility and agents’ histories—historicism and standard structuralism—are vulnerable to objections that are avoided by a third option, namely history‐sensitive structuralism. In this paper, I develop this view in greater detail and evaluate the view by comparing it with its three dialectical rivals: skepticism about (...) moral responsibility, historicism, and standard structuralism. Each comparison includes discussion of new work on moral responsibility and agents’ histories, and along the way I offer new arguments for preferring history‐sensitive structuralism, paying special attention to the view's explanatory power. (shrink)

Predictive processing (PP) accounts of perception are unique not merely in that they postulate a unity between perception and imagination. Rather, they are unique in claiming that perception should be conceptualised in terms of imagination and that the two involve an identity of neural implementation. This paper argues against this postulated unity, on both conceptual and empirical grounds. Conceptually, the manner in which PP theorists link perception and imagination belies an impoverished account of imagery as cloistered from the external world (...) in its intentionality, akin to a virtual reality, as well as endogenously generated. Yet this ignores a whole class of imagery whose intentionality is directed on the actual environment—projected mental imagery—and also ignores the fact that imagery may be triggered crossmodally in a bottom-up, stimulus-driven way. Empirically, claiming that imagery and perception share neural circuitry ignores relevant clinical results in this area. These evidence substantial perception/imagery neural dissociations, most notably in the case of aphantasia. Taken together, the arguments here suggest that PP theorists should substantially temper, if not outright abandon, their claim to a perception/imagination unity. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

Sensorimotor expectations concern how visual experience covaries with bodily movement. Sensorimotor theorists argue from such expectations to the conclusion that the phenomenology of vision is constitutively embodied: objects within the visual field are experienced as 3-D because sensorimotor expectations partially constitute our experience of such objects. Critics argue that there are two ways to block the above inference: to explain how we visually experience objects as 3-D, one may appeal to such non-bodily factors as expectations about movements of objects, not (...) the perceiver, or to the role of mental imagery in visual experience. But instead of using sensorimotor expectations to explain how objects are experienced within the visual field, we can instead use them to explain our experience of the visual field itself and, in particular, our experience of its limits; that is, our ever-present visual sense of there being more to see, beyond what’s currently within the visual field. Crucially, this inference from sensorimotor expectations to the constitutive embodiment of visual phenomenology is not threatened by the above two challenges. I thus present here a sensorimotor theory of the phenomenology of the visual field, that is, our experience of our visual fields as such. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

Historically, republicans were of different minds about markets: some, such as Rousseau, reviled them, while others, like Adam Smith, praised them. The recent republican resurgence has revived this issue. Classical liberals such as Gerald Gaus contend that neo-republicanism is inherently hostile to markets, while neo-republicans like Richard Dagger and Philip Pettit reject this characterization—though with less enthusiasm than one might expect. I argue here that the right republican attitude toward competitive markets is celebratory rather than acquiescent and that republicanism demands (...) such markets for the same reason it requires the rule of law: because both are essential institutions for protecting individuals from arbitrary interference. I reveal how competition restrains—and in the limit, even eradicates—market power and thereby helps us realize “market freedom,” i.e., freedom as non-domination in the context of economic exchange. Finally, I show that such freedom necessitates “Anglo-Nordic” economic policies. (shrink)

In this paper, I defend a version of compatibilism against luck-related objections. After introducing the types of luck that some take to be problematic for moral responsibility, I consider and respond to two recent attempts to show that compatibilism faces the same problem of luck that libertarianism faces—present luck. I then consider a different type of luck—constitutive luck—and provide a new solution to this problem. One upshot of the present discussion is a reason to prefer a history-sensitive compatibilist account over (...) a purely nonhistorical structuralist account. (shrink)

Although convinced by Frankfurt-style cases that moral responsibility does not require the ability to do otherwise, semicompatibilists have not wanted to accept a parallel claim about moral responsibility for omissions, and so they have accepted asymmetrical requirements on moral responsibility for actions and omissions. In previous work, I have presented a challenge to various attempts at defending this asymmetry. My view is that semicompatibilists should give up these defenses and instead adopt symmetrical requirements on moral responsibility for actions and omissions, (...) and in this paper I highlight three advantages of doing so: first, it avoids a strange implication of the truth of determinism; second, it allows for a principled reply to Philip Swenson’s recent ‘No Principled Difference Argument’; third, it provides a reason to reject a crucial inference rule invoked by Peter van Inwagen’s ‘Direct Argument’ for the incompatibility of moral responsibility and determinism. (shrink)

In response to the increasingly popular manipulation argument against compatibilism, some have argued that libertarian accounts of free will are vulnerable to parallel manipulation arguments, and thus manipulation is not uniquely problematic for compatibilists. The main aim of this article is to give this point a more detailed development than it has previously received. Prior attempts to make this point have targeted particular libertarian accounts but cannot be generalized. By contrast, I provide an appropriately modified manipulation that targets all libertarian (...) accounts of freedom and responsibility—an especially tricky task given that libertarian accounts are a motley set. I conclude that if manipulation arguments reveal any theoretical cost then it is one borne by all accounts according to which we are free and responsible, not by compatibilism in particular. (shrink)

Some compatibilists are internalists. On their view, whether an agent is morally responsible for an action depends only on her psychological structure at that time. Other compatibilists are externalists. On their view, an agent’s history can make a difference as to whether or not she is morally responsible. In response to worries about manipulation, some internalists have claimed that compatibilism requires internalism. Recently, Alfred Mele has argued that this internalist response is untenable. The aim of this paper is to vindicate (...) the claim that compatibilism requires internalism, showing where Mele’s argument goes wrong along the way. (shrink)

Essentialist facts, facts about what is essential to what, are explanatorily distinctive. They can often be appealed to in the course of metaphysically explaining some fact, while themselves serving as explanatory ends. In other words, when one arrives in the course of an explanation at an essentialist fact, it often seems like a legitimate place to stop. In certain contexts, they seem to provide a metaphysical backstop to making further explanatory demands. This paper defends the view that essentialist facts are (...) zero-grounded. Just as we can think of certain logical truths as truths derivable from the empty set of premises, we can think of the zero-grounded facts as the facts that obtain in virtue of the empty set of facts. On this picture, the essentialist facts are grounded, but they are grounded literally in nothing—grounded for free, automatically, and by default. -/- This view has been unpopular for many reasons, including concerns about the obscurity of the notion of zero-grounding. Concerns notwithstanding, I make the case that the zero-grounding view fares better than the alternative ground-theoretic accounts in making sense of certain explanatory roles essences plausibly play. After some preliminary remarks on how we should understand what an essentialist fact is as well as which ones serve as explanation stoppers, I introduce a widespread and attractive picture of what the essentialist facts are; they are domain fixing facts. I then argue that this feature of the essentialist facts well-positions them to serve as explanation stoppers. Afterwards, I argue that the zero-ground view best accommodates the domain-fixing conception of essence. (shrink)

What is the correct procedure for determining the contents of perception? Philosophers tackling this question increasingly rely on empirically-oriented procedures in order to reach an answer. I argue that this constitutes an improvement over the armchair methodology constitutive of phenomenal contrast cases, but that there is a crucial respect in which current empirical procedures remain limited: they are unimodal in nature, wrongly treating the senses as isolatable faculties. I thus have two aims: first, to motivate a reorientation of the admissible (...) contents debate into a multimodal framework, charting its various significances. The second is to explore whether any experimental studies of multimodal perception support a so-called Liberal (or ‘high-level’ or ‘rich’) account of perception’s admissible contents. I conclude that the McGurk effect and the ventriloquist effect are both explicable without the postulation of high-level content, but that at least one multimodal experimental paradigm may necessitate such content: the rubber hand illusion. One upshot of this argument is that Conservatives who claim that the Liberal view intolerably broadens the scope of perceptual illusions, particularly from the perspective of perceptual psychology, should pursue other arguments against that view. (shrink)

Matt King has recently argued that the manipulation argument against compatibilism does not succeed by employing a dilemma: either the argument infelicitously relies on incompatibilist sourcehood conditions, or the proponent of the argument leaves a premise of the argument undefended. This article develops a reply to King’s dilemma by showing that incompatibilists can accept its second horn. Key to King’s argument for the second horn’s being problematic is “the parallel manipulation argument.” I argue that King’s use of this argument is (...) problematic, but I suggest that a (modified) parallel manipulation argument is effective for a different, though more restricted, purpose. (shrink)

I argue that any account attempting to do away with resultant or circumstantial moral luck is inconsistent with a natural response to the problem of constitutive moral luck. It is plausible to think that we sometimes contribute to the formation of our characters in such a way as to mitigate our constitutive moral luck at later times. But, as I argue here, whether or not we succeed in bringing about changes to our characters is itself a matter of resultant and (...) circumstantial moral luck. I conclude with a dilemma, both horns of which require accepting some form of moral luck. (shrink)