This chapter takes the form of a discussion between the editors of this volume and Steven Lukes, one the most eminent critics of methodological individualism. The focus is on Lukes’ interpretation of methodological individualism in terms of linguistic exclusivism (i.e., naive reductionism), the multiple-realization problem, Boudon’s and Elster’s micro-foundationalist approach, ontological individualism, and the rationality of human action.

THE STRUCTURE OF THIS PAPER IS AS FOLLOWS. I begin §1 by dealing with preliminary issues such as the different relations expressed by the “good for” locution. I then (§2) outline the Locative Analysis of good for and explain its main elements before moving on to (§3) outlining and discussing the positive features of the view. In the subsequent sections I show how the Locative Analysis can respond to objections from, or inspired by, Sumner (§4-5), Regan (§6), and Schroeder and (...) Feldman (§7). I then (§8) reply to an imagined objector who claims that the Locative Analysis generates implausible results with respect to punishment, virtue and agent-centered duties. (shrink)

Professor Fletcher challenges the traditional account of the development of tort doctrine as a shift from an unmoral standard of strict liability for directly causing harm to a moral standard based on fault. He then sets out two paradigms of liability to serve as constructs for understanding competing ideological viewpoints about the proper role of tort sanctions. He asserts that the paradigm of reciprocity, which looks only to the degree of risk imposed by the parties to a lawsuit on (...) each other, and to the existence of possible excusing conditions, provides greater protection of individual interests than the paradigm of reasonableness, which assigns liability instrumentally on the basis of a utilitarian calculus. Finally, Professor Fletcher examines stylistic differences between the two paradigms which may explain the modern preference for the paradigm of reasonableness. (shrink)

So-called theories of well-being (prudential value, welfare) are under-represented in discussions of well-being. I do four things in this article to redress this. First, I develop a new taxonomy of theories of well-being, one that divides theories in a more subtle and illuminating way. Second, I use this taxonomy to undermine some misconceptions that have made people reluctant to hold objective-list theories. Third, I provide a new objective-list theory and show that it captures a powerful motivation for the main competitor (...) theory of well-being (the desire-fulfilment theory). Fourth, I try to defuse the worry that objective-list theories are problematically arbitrary and show how the theory can and should be developed. (shrink)

This chapter is divided into three parts. First I outline what makes something an objective list theory of well-being. I then go on to look at the motivations for holding such a view before turning to objections to these theories of well-being.

This paper examines perfectionist attempts to explain the prudential badness of pain (its badness for those who experience it). It starts by considering simple perfectionist explanations, finding them wanting, before considering the most sophisticated perfectionist attempt to explain prudential badness: Gwen Bradford’s tripartite perfectionism. The paper argues that Bradford’s view, though an improvement on earlier perfectionist proposals, still does not satisfactorily explain the full set of prudentially bad pains. It ends by showing how this provides grounds for a general kind (...) of pessimism about perfectionism and the badness of pain and how this case undermines a general purported advantage of perfectionism over the objective list theory. (shrink)

Traditionally, logic has been the dominant formal method within philosophy. Are logical methods still dominant today, or have the types of formal methods used in philosophy changed in recent times? To address this question, we coded a sample of philosophy papers from the late 2000s and from the late 2010s for the formal methods they used. The results indicate that the proportion of papers using logical methods remained more or less constant over that time period but the proportion of papers (...) using probabilistic methods was approximately three times higher in the late 2010s than it was in the late 2000s. Further analyses explored this change by looking more closely at specific methods, specific levels of technical engagement, and specific subdisciplines within philosophy. These analyses indicate that the increasing proportion of papers using probabilistic methods was pervasive, not confined to particular probabilistic methods, levels of sophistication, or subdisciplines. (shrink)

Philosophers have long theorized about which things make people’s lives go well, and why, and the extent to which morality and self-interest can be reconciled. Yet little time has been spent on meta-prudential questions, questions about prudential discourse. This is surprising given that prudence is, prima facie, a normative form of discourse and, as such, cries out for further investigation. Chapter 4 takes up two major meta-prudential questions. It first examines whether there is a set of prudential reasons, generated by (...) evaluative prudential properties, and defends the view that evaluative well-being facts generate agent-relative reasons for the relevant agent. It also investigates whether prudential discourse is normative. It is proposed that prudential discourse is normative by arguing that prudential judgements are normative judgements. The case for this is presented by analogy with moral discourse by showing that the features of moral judgements that metaethicists appeal to when articulating, explaining, and justifying the claim that moral judgements are normative are also possessed by prudential judgements. Various objections to the analogy are also considered. (shrink)

Claims about needs are a ubiquitous feature of everyday practical discourse. It is therefore unsurprising that needs have long been a topic of interest in moral philosophy, applied ethics, and political philosophy. Philosophers have devoted much time and energy to developing theories of the nature of human needs and the like. -/- Philosophers working on needs are typically committed to the idea that there are different kinds of needs and that within the different kinds of needs is a privileged class (...) of needs that is especially normatively significant. -/- Some philosophers go further and make rather grand claims about needs. They claim that needs are central or fundamental to moral thinking and that we must have a needs-centred moral theory or a general reorientation of moral philosophy around needs. -/- In this paper I aim to do two things. First, to show how applying recent work on modal terms can help us to understand thought and talk about needs. This is the positive part. I then use these ideas to cast doubt on the more ambitious claims about needs. Put briefly, a proper understanding of claims about needs undermines the idea that the concept of needs is fundamental in moral thought or in moral philosophy. Ambitious needs theory fails. (shrink)

Background: Transgender health care is a subject of much debate among clinicians, political commentators, and policy-makers. While the World Professional Association of Transgender Health (WPATH) Standards of Care (SOC) establish clinical standards, these standards contain implied ethics but lack explicit focused discussion of ethical considerations in providing care. An ethics chapter in the SOC would enhance clinical guidelines. Aims: We aim to provide a valuable guide for healthcare professionals, and anyone interested in the ethical aspects of clinical support for gender (...) diverse and transgender people of all ages. Recognizing that the WPATH is a global association, we address broad challenges. We offer a reflection on general ethical principles, providing conceptual tools for healthcare providers, patients, and families to navigate the specific challenges they might encounter in transgender health care, in line with WPATH’s worldwide mission and scope. Method: This article employs a descriptive analysis, and our framework of reference is the four principles of biomedical ethics: respect for autonomy, beneficence, nonmaleficence, and justice. Results: The article presents a discussion on the four ethical principles as applied to transgender health care. We address issues such as respect for patient autonomy in decision-making, the role of beneficence and nonmaleficence in clinical interventions, and the importance of justice in equitable treatment and access to care. Some of the ethical concerns we address in this article pertain to the current sociopolitical climate, where there has been increasing legal interference, internationally, for transgender and nonbinary people, particularly youth, seeking medical care. Discussion: We highlight the interplay between ethical principles and clinical practice, underscoring the need for ethical guidance in addressing the diverse challenges faced by healthcare providers and patients in transgender health care. We advocate for continuous refinement of ethical thinking to ensure that transgender health care is not only medically effective but also ethically sound. (shrink)

I argue that it’s quite comprehensible to get upset about metaethical nihilism, to indulge what I call nihilistic despair. When we lose the objective moral or normative point of view, we lose the promise of luck-immune guidance and categorical importance, things many of us hope for. This is all quite Williams-friendly, but I reject his puzzling but suggestive remarks that nihilistic despair must be a self-pitying muddle. Finally, I argue that internalism about reasons is even more depressing than outright nihilism, (...) in one way at least. (shrink)

I argue that there are non-trivial objective chances (that is, objective chances other than 0 and 1) even in deterministic worlds. The argument is straightforward. I observe that there are probabilistic special scientific laws even in deterministic worlds. These laws project non-trivial probabilities for the events that they concern. And these probabilities play the chance role and so should be regarded as chances as opposed, for example, to epistemic probabilities or credences. The supposition of non-trivial deterministic chances might seem to (...) land us in contradiction. The fundamental laws of deterministic worlds project trivial probabilities for the very same events that are assigned non-trivial probabilities by the special scientific laws. I argue that any appearance of tension is dissolved by recognition of the level-relativity of chances. There is therefore no obstacle to accepting non-trivial chance-role-playing deterministic probabilities as genuine chances. (shrink)

A new formulation of the Fine-Tuning Argument (FTA) for the existence of God is offered, which avoids a number of commonly raised objections. I argue that we can and should focus on the fundamental constants and initial conditions of the universe, and show how physics itself provides the probabilities that are needed by the argument. I explain how this formulation avoids a number of common objections, specifically the possibility of deeper physical laws, the multiverse, normalisability, whether God would fine-tune at (...) all, whether the universe is too fine-tuned, and whether the likelihood of God creating a life-permitting universe is inscrutable. (shrink)

The unity of consciousness has so far been studied only as a relation holding among the many experiences of a single subject. I investigate whether this relation could hold between the experiences of distinct subjects, considering three major arguments against the possibility of such ‘between-subjects unity’. The first argument, based on the popular idea that unity implies subsumption by a composite experience, can be deflected by allowing for limited forms of ‘experience-sharing’, in which the same token experience belongs to more (...) than one subject. The second argument, based on the phenomenological claim that unified experiences have interdependent phenomenal characters, I show to rest on an equivocation. Finally, the third argument accuses between-subjects unity of being unimaginable, or more broadly a formal possibility corresponding to nothing we can make sense of. I argue that the familiar experience of perceptual co-presentation gives us an adequate phenomenological grasp on what between-subjects unity might be like. (shrink)

Towards the end of A System of Logic, John Stuart Mill makes some intriguing, suggestive, and neglected claims about what he calls “The Art of Life”. Despite the comparatively little attention that the Art of Life has received in the extensive scholarly literature on Mill, it turns out to be extremely important to understanding his moral philosophy and his practical philosophy more generally. It reveals Mill to be a considerably more subtle philosopher than it would otherwise seem. It also insulates (...) him from many unwarranted criticisms. In this entry I proceed by picking out some elements of Mill's discussion of the Art of Life, explaining them and then examining their significance. These include the metaethical distinction between sciences and arts, the relation between the art of life and morality, and the significance of his art of life in understanding normative ethical views, such as those defended in Utilitarianism. (shrink)

This paper responds to two arguments that have been offered against the positing of ‘i-desires’, imaginative counterparts of desire supposedly involved in fiction, pretence, and mindreading. The Introspection Argument asks why, if there are both i-desires and desires, the distinction is so unfamiliar and hard to draw, unlike the relatively clear distinctions between perception and mental imagery, or belief and belief-like imagining. The Accountability Argument asks how it can make sense to treat merely imaginative states as revealing of someone’s psychology, (...) the way we do with responses to fiction. I argue that carefully considering the relationship between other states and their imaginative counterparts sheds light on how we should expect i-desires to differ from desires, and suggests that we may often be in states that are _indeterminate_, in limbo between the two categories. This indeterminacy explains why the distinction is often hard to draw, and why these states can be revealing about us even without (determinately) being real desires. (shrink)

John Broome has argued that value incommensurability is vagueness, by appeal to a controversial about comparative indeterminacy. I offer a new counterexample to the collapsing principle. That principle allows us to derive an outright contradiction from the claim that some object is a borderline case of some predicate. But if there are no borderline cases, then the principle is empty. The collapsing principle is either false or empty.

The starting point in the development of probabilistic analyses of token causation has usually been the naïve intuition that, in some relevant sense, a cause raises the probability of its effect. But there are well-known examples both of non-probability-raising causation and of probability-raising non-causation. Sophisticated extant probabilistic analyses treat many such cases correctly, but only at the cost of excluding the possibilities of direct non-probability-raising causation, failures of causal transitivity, action-at-a-distance, prevention, and causation by absence and omission. I show that (...) an examination of the structure of these problem cases suggests a different treatment, one which avoids the costs of extant probabilistic analyses. (shrink)

In Making Things Happen, James Woodward influentially combines a causal modeling analysis of actual causation with an interventionist semantics for the counterfactuals encoded in causal models. This leads to circularities, since interventions are defined in terms of both actual causation and interventionist counterfactuals. Circularity can be avoided by instead combining a causal modeling analysis with a semantics along the lines of that given by David Lewis, on which counterfactuals are to be evaluated with respect to worlds in which their antecedents (...) are realized by miracles. I argue, pace Woodward, that causal modeling analyses perform just as well when combined with the Lewisian semantics as when combined with the interventionist semantics. Reductivity therefore remains a reasonable hope. (shrink)

This thesis explores the possibility of composite consciousness: phenomenally conscious states belonging to a composite being in virtue of the consciousness of, and relations among, its parts. We have no trouble accepting that a composite being has physical properties entirely in virtue of the physical properties of, and relations among, its parts. But a long­standing intuition holds that consciousness is different: my consciousness cannot be understood as a complex of interacting component consciousnesses belonging to parts of me. I ask why: (...) what is it about consciousness that makes us think it so different from matter? And should we accept this apparent difference? (shrink)

Philosophical exploration of individualism and externalism in the cognitive sciences most recently has been focused on general evaluations of these two views (Adams & Aizawa 2008, Rupert 2008, Wilson 2004, Clark 2008). Here we return to broaden an earlier phase of the debate between individualists and externalists about cognition, one that considered in detail particular theories, such as those in developmental psychology (Patterson 1991) and the computational theory of vision (Burge 1986, Segal 1989). Music cognition is an area in the (...) cognitive sciences that has received little attention from philosophers, though it has relatively recently been thrown into the externalist spotlight (Cochrane 2008, Kruger 2014, Kersten forthcoming). Given that individualism can be thought of as a kind of paradigm for research on cognition, we provide a brief overview of the field of music cognition and individualistic tendencies within the field (sections 2 and 3) before turning to consider externalist alternatives to individualistic paradigms (section 4-5) and then arguing for a qualified form of externalism about music cognition (section 6). (shrink)

This paper aims to cast doubt upon a certain way of analysing prudential value (or good for ), namely in the manner of a ‘buck-passing’ analysis. It begins by explaining why we should be interested in analyses of good for and the nature of buck-passing analyses generally (§I). It moves on to considering and rejecting two sets of buck-passing analyses. The first are analyses that are likely to be suggested by those attracted to the idea of analysing good for in (...) a buck-passing fashion (§II). The second are the buck-passing analyses of good for proposed by John Skorupski (§III), Henry Sidgwick (§IV), and Stephen Darwall (§V). Along the way the paper shows that Michael Smith’s and Peter Railton’s analyses of other concepts—analyses that could be (and have been) taken to be analyses of good for —are similarly unsuitable as analyses of it. The paper concludes by suggesting that the fact that none of the buck-passing accounts of good for considered here is satisfactory, coupled with an appreciation of the various problems that a buck-passing analysis of good for would have to avoid, suggests that we should be sceptical about the prospects of finding such an analysis and should look for one of a different type. (shrink)

This book provides a comprehensive examination of the police role from within a broader philosophical context. Contending that the police are in the midst of an identity crisis that exacerbates unjustified law enforcement tactics, Luke William Hunt examines various major conceptions of the police—those seeing them as heroes, warriors, and guardians. The book looks at the police role considering the overarching societal goal of justice and seeks to present a synthetic theory that draws upon history, law, society, psychology, and (...) philosophy. Each major conception of the police role is examined in light of how it affects the pursuit of justice, and how it may be contrary to seeking justice holistically and collectively. The book sets forth a conception of the police role that is consistent with the basic values of a constitutional democracy in the liberal tradition. Hunt’s intent is that clarifying the police role will likewise elucidate any constraints upon policing strategies, including algorithmic strategies such as predictive policing. This book is essential reading for thoughtful policing and legal scholars as well as those interested in political philosophy, political theory, psychology, and related areas. Now more than ever, the nature of the police role is a philosophical topic that is relevant not just to police officials and social scientists, but to everyone. (shrink)

Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...) derived by adhering to (limited) authority. This article examines methodologies within political philosophy for analyzing police injustice. The methodological inquiry leads to an account of how justice constrains the police through both special (or positional) moral requirements that officers assume voluntarily, as well as general moral requirements in virtue of a polity’s commitment to moral, political and legal values beyond law enforcement and crime reduction. The upshot is a conception of a police role that is constrained by justice from multiple foundational stances. (shrink)

I discuss the apparent discrepancy between the qualitative diversity of consciousness and the relative qualitative homogeneity of the brain's basic constituents, a discrepancy that has been raised as a problem for identity theorists by Maxwell and Lockwood (as one element of the ‘grain problem’), and more recently as a problem for panpsychists (under the heading of ‘the palette problem’). The challenge posed to panpsychists by this discrepancy is to make sense of how a relatively small ‘palette’ of basic qualities could (...) give rise to the bewildering diversity of qualities we, and presumably other creatures, experience. I argue that panpsychists can meet this challenge, though it requires taking contentious stands on certain phenomenological questions, in particular on whether any familiar qualities are actual examples of ‘phenomenal blending’, and whether any other familiar qualities have a positive ‘phenomenologically simple character’. Moreover, it requires accepting an eventual theory most elements of which are in a certain explicable sense unimaginable, though not for that reason inconceivable. Nevertheless, I conclude that there are no conclusive reasons to reject such a theory, and so philosophers whose prior commitments motivate them to adopt it can do so without major theoretical cost. (shrink)

Extended cognition holds that cognitive processes sometimes leak into the world (Dawson, 2013). A recent trend among proponents of extended cognition has been to put pressure on phenomena thought to be safe havens for internalists (Sneddon, 2011; Wilson, 2010; Wilson & Lenart, 2014). This paper attempts to continue this trend by arguing that music perception is an extended phenomenon. It is claimed that because music perception involves the detection of musical invariants within an “acoustic array”, the interaction between the auditory (...) system and the musical invariants can be characterized as an extended computational cognitive system. In articulating this view, the work of J. J. Gibson (1966, 1986) and Robert Wilson (1994, 1995, 2004) is drawn on. The view is defended from several objections and its implications outlined. The paper concludes with a comparison to Krueger’s (2014) view of the “musically extended emotional mind”. (shrink)

Imagine a case of wrongdoing—not something trivial, but nothing so serious that adequate reparations are impossible. Imagine, further, that the wrongdoer makes those reparations and sincerely apologizes. Does she have a moral right to be forgiven? The standard view is that she does not, but this paper contends that the standard view is mistaken. It begins by showing that the arguments against a right to be forgiven are inconclusive. It ends by making two arguments in defense of that right.

Stephen Kearns and Daniel Star have recently proposed this thesis: [Reasons as Evidence: Necessarily, a fact F is a reason for an agent A to PHI.

Two options are ‘incommensurate’ when neither is better than the other, but they are not equally good. Typically, we will say that one option is better in some ways, and the other in others, but neither is better ‘all things considered’. It is tempting to think that incommensurability is vagueness—that it is (perhaps) indeterminate which is better—but this ‘vagueness view’ of incommensurability has not proven popular. I set out the vagueness view and its implications in more detail, and argue that (...) it can explain most of the puzzling features of incommensurability. This argument proceeds without appeal to John Broome’s ‘collapsing principle’. (shrink)

An influential tradition in the philosophy of causation has it that all token causal facts are, or are reducible to, facts about difference-making. Challenges to this tradition have typically focused on pre-emption cases, in which a cause apparently fails to make a difference to its effect. However, a novel challenge to the difference-making approach has recently been issued by Alyssa Ney. Ney defends causal foundationalism, which she characterizes as the thesis that facts about difference-making depend upon facts about physical causation. (...) She takes this to imply that causation is not fundamentally a matter of difference-making. In this paper, I defend the difference-making approach against Ney’s argument. I also offer some positive reasons for thinking, pace Ney, that causation is fundamentally a matter of difference-making. (shrink)

Is it morally important to vote? It is common to think so, but both consequentialist and deontological strategies for defending that intuition are weak. In response, some theorists have turned to a role-based strategy, arguing that it is morally important to be an excellent citizen, and that excellent citizens vote. But there is a lingering puzzle: an individual vote changes very little (virtually nothing in large-scale elections), so why would the excellent citizen be so concerned to cast a ballot? Why (...) bother with something that has so little effect on the common good? This paper answers by developing the idea of respect for a practice, and then arguing that respect for democracy will often require citizens to vote. (shrink)

In an illuminating article, Claus Beisbart argues that the recently-popular thesis that the probabilities of statistical mechanics (SM) are Best System chances runs into a serious obstacle: there is no one axiomatization of SM that is robustly best, as judged by the theoretical virtues of simplicity, strength, and fit. Beisbart takes this 'no clear winner' result to imply that the probabilities yielded by the competing axiomatizations simply fail to count as Best System chances. In this reply, we express sympathy for (...) the 'no clear winner' thesis. However, we argue that an importantly different moral should be drawn from this. We contend that the implication for Humean chances is not that there are no SM chances, but rather that SM chances fail to be sharp. (shrink)

I analyse the meaning of a popular idiom among consciousness researchers, in which an individual's consciousness is described as a 'field'. I consider some of the contexts where this idea appears, in particular discussions of attention and the unity of consciousness. In neither case, I argue, do authors provide the resources to cash out all the implications of field-talk: in particular, they do not give sense to the idea of conscious elements being arrayed along multiple dimensions. I suggest ways to (...) extend and generalize the attentional construal of 'field-talk' to provide a genuine multiplicity of dimensions, through the notions of attentional proximity and causal proximity: the degree to which two experiential elements are disposed to bring one another into attention when attended, or to interact in other distinctively mental ways. I conclude that if consciousness is a field, it is one organized by attentional and/or causal proximity. (shrink)

Policing in many parts of the world—the United States in particular—has embraced an archetypal model: a conception of the police based on the tenets of individuated archetypes, such as the heroic police “warrior” or “guardian.” Such policing has in part motivated moves to (1) a reallocative model: reallocating societal resources such that the police are no longer needed in society (defunding and abolishing) because reform strategies cannot fix the way societal problems become manifest in (archetypal) policing; and (2) an algorithmic (...) model: subsuming policing into technocratic judgements encoded in algorithms through strategies such as predictive policing (mitigating archetypal bias). This paper begins by considering the normative basis of the relationship between political community and policing. It then examines the justification of reallocative and algorithmic models in light of the relationship between political community and police. Given commitments to the depth and distribution of security—and proscriptions against dehumanizing strategies—the paper concludes that a nonideal-theory priority rule promoting respect for personhood (manifest in community and dignity-promoting policing strategies) is a necessary condition for the justification of the above models. (shrink)

In the United States, prohibitionist policies are used as the primary approach to combat the negative effect of substance use on society. An extensive academic literature spanning the disciplines of economics, political science, and multiculturalism documents the great social costs of the United States’ “War on Drugs” both nationally and internationally. These costs come with at best marginal effect on substance abuse and other crimes linked to the drug trade. In many cases, there is a reason to believe that these (...) policies exacerbate the problems they aim to address. This article explores psychologists’ ethical commitments to social change concerning such drug policy, given the field of psychology’s expanding commitment to social justice. We examine arguments regarding the boundaries between psychologists’ personal and professional ethics with regard to political participation. Using drug prohibition as an exemplar, we suggest that many psychologists’ political actions and professional ethics may be misaligned. Ultimately, we conclude that the endorsement of prohibitionist drug policies is in direct conflict with the guiding ethical principles put forth by the American Psychological Association’s Ethical Principles of Psychologists and Code of Conduct. (shrink)

Some philosophical theories of consciousness imply consciousness in things we would never intuitively think are conscious—most notably, panpsychism implies that consciousness is pervasive, even outside complex brains. Is this a reductio ab absurdum for such theories, or does it show that we should reject our original intuitions? To understand the stakes of this question as clearly as possible, we analyse the structured pattern of intuitions that panpsychism conflicts with. We consider a variety of ways that the tension between this intuition (...) and panpsychism could be resolved, ranging from complete rejection of the theory to complete dismissal of the intuition, but argue in favour of more nuanced approaches which try to reconcile the two. (shrink)

Sergio Tenenbaum and Diana Raffman contend that ‘vague projects’ motivate radical revisions to orthodox, utility-maximising rational choice theory. Their argument cannot succeed if such projects merely ground instances of the paradox of the sorites, or heap. Tenenbaum and Raffman are not blind to this, and argue that Warren Quinn’s Puzzle of the Self-Torturer does not rest on the sorites. I argue that their argument both fails to generalise to most vague projects, and is ineffective in the case of the Self-Torturer (...) itself. (shrink)

Actual causes - e.g. Suzy's being exposed to asbestos - often bring about their effects - e.g. Suzy's suffering mesothelioma - probabilistically. I use probabilistic causal models to tackle one of the thornier difficulties for traditional accounts of probabilistic actual causation: namely probabilistic preemption.

This paper analyzes ethical issues relating to lawyer mobility.

The use of deception and dishonesty is widely accepted as a fact of life in policing. This paper thus defends a counterintuitive claim: Good faith is a normative foundation for the police as a political institution. Good faith is a core value of contracts, and policing is contractual in nature both broadly (as a matter of social contract theory) and narrowly (in regard to concrete encounters between law enforcement officers and the public). Given the centrality of good faith to policing, (...) dishonesty and deception on par with fraud are justified only as a narrowly circumscribed investigative tool that is constrained by institutional commitments to the fair distribution of security and the rule of law. The practical upshot is the preclusion of most dishonest and deceptive police tactics on par with fraud, leading to an institution that is less proactive and more reactive. (shrink)

It is common to assume that democracy is intrinsically valuable, and that nation-states have the authority to exclude would-be immigrants from their territory. This paper argues that these common assumptions are in tension with each other. Every account of democracy’s intrinsic value suggests that nation-states lack the authority to exclude would-be immigrants. In fact, reflection on democratic values suggests an even more heterodox conclusion: nation-states should not be the privileged sites of decision-making that we often take them to be.

The traditional No-Miracles Argument (TNMA) asserts that the novel predictive success of science would be a miracle, and thus too implausible to believe, if successful theories were not at least approximately true. The TNMA has come under fire in multiple ways, challenging each of its premises and its general argumentative structure. While the TNMA relies on explaining novel predictive success via the truth of the theories, we put forth a deductive version of the No-Miracles argument (DNMA) that avoids inference to (...) the best explanation entirely. Instead, a relatively simple empirical framework and a probabilistic analysis can accomplish the ambitious goals of the TNMA while entirely sidestepping its problems. This close-but-distinct argument has many independent strengths and comparatively few weaknesses. Indeed, objections tailored specifically to the DNMA reveal surprising insights into how exactly NMAs are neither circular nor question-begging, as has been widely speculated. (shrink)

Lisa Tessman (2016: 164) recounts the case of a Jewish mother, running from Nazis, who faced a terrible choice. She could (a) drown her infant, or (b) accept the virtual certainty that her baby’s cries would doom the refugee group she was fleeing with. Given those options, (b) is worse. If the whole group is discovered, many will die, including the infant. Still, preemptively drowning a baby—indeed one’s own baby—is a terrible act. To make sense of cases like this, Tessman (...) turns to the concept of moral failure: an act that violates an important moral value such that the loss cannot be fully redeemed by gains elsewhere. I will argue that criminal justice needs a moral framework like Tessman’s. It needs to make sense of the fact that some options are genuinely better than others, without letting honorifics like ‘justice’ obscure the equally important fact the best available option might be terrible. More specifically, I will argue that when punishment involves prison, as it often does, it is a moral failure. It can be justified only in the sense that preemptively drowning an infant can be justified: like the fleeing mother, society might on some terrible occasions find itself with no better alternative. (shrink)

Cooperative relations steeped in honesty and good faith are a necessity for any viable society. This is especially relevant to the police institution because the police are entrusted to promote justice and security. Despite the necessity of societal honesty and good faith, the police institution has embraced deception, dishonesty, and bad faith as tools of the trade for providing security. In fact, it seems that providing security is impossible without using deception and dishonesty during interrogations, undercover operations, pretextual detentions, and (...) other common scenarios. This presents a paradox related to the erosion of public faith in the police institution and the weakening of the police's legitimacy. -/- The book seeks to solve this puzzle by showing that many of our assumptions about policing and security are unjustified. Specifically, they are unjustified in the way many of our assumptions about security were unjustified after the 9/11 terrorist attacks, when state institutions embraced a variety of brutal rules and tactics in pursuit of perceived security enhancements. The police are likewise unjustified in their pursuit of many supposed security enhancements that rely on proactive deception, dishonesty, and bad faith. -/- There are compelling reasons to think that the police's widespread use of proactive deception and dishonesty is inconsistent with fundamental norms of political morality regarding fraud and the rule of law. Although there are times and places for such tactics in policing, those times and places should be much more limited than current practices suggest. (shrink)

This paper is an attempt to undermine a basic assumption of theories of well-being, one that I call well-being invariabilism. I argue that much of what makes existing theories of well-being inadequate stems from the invariabilist assumption. After distinguishing and explaining well-being invariabilism and well-being variabilism, I show that the most widely-held theories of well-being—hedonism, desire-satisfaction, and pluralist objective-list theories—presuppose invariabilism and that a large class of the objections to them arise because of it. My aim is to show that (...) abandoning invariabilism and adopting variabilism is a sensible first step for those aiming to formulate more plausible theories of well-being. After considering objections to my argument, I explain what a variabilist theory of well-being would be like and show that well-being variabilism need not be any threat to the project of formulating theories of well-being that deliver general principles concerning well-being enhancement. (shrink)

Interpreting the content of the law is not limited to what a relevant lawmaker utters. This paper examines the extent to which implied and implicit content is part of the law, and specifically whether the Gricean concept of conversational implicature is relevant in determining the content of law. Recent work has focused on how this question relates to acts of legislation. This paper extends the analysis to case law and departs from the literature on several key issues. The paper's argument (...) is based upon two points: Precedent-setting judicial opinions may consist of multiple conversations, of which some entail opposing implicata, and if a particular precedent-setting judicial opinion consists of multiple conversations, of which some entail opposing implicata, then no meaningful conversational implicatum is part of the content of that particular precedent-setting opinion. Nevertheless, the paper's conclusion leaves open the prospect of gleaning something in between conversational implicature and what is literally said, namely, conversational impliciture. (shrink)

This paper examines the question of whether and under what conditions teaching open-mindedness to students could have negative effects. While there has been much discussion in the literature about the potential downsides of being open-minded, the question of whether teaching this trait to young, untutored minds could result in more negative effects than positive has received little attention. Yet, given a primary focus of the literature is providing models for use in educational contexts, exploring the potential risks of encouraging students (...) to emulate such models is imperative. In this regard, the paper presents three concerns. The first is that students may lack the full intellectual character to avoid the pitfalls of open-mindedness that have already been noted in the literature. The second concern is that students who exercise open-mindedness may incur social costs that cannot be compensated for by epistemic goods. The third concern is that educators, particularly at universities, often face certain non-ideal conditions that may make it difficult for them to effectively cultivate open-mindedness in students. I ultimately conclude that, in light of these concerns, we should approach teaching for open-mindedness with great caution. However, we should not avoid it altogether. Preliminary suggestions are offered on how instructors may attune their approach to teaching for open-mindedness to mitigate the identified concerns. (shrink)

The traditional problem of evil sets theists the task of reconciling two things: God and evil. I argue that theists face the more difficult task of reconciling God and evils that God is specially obligated to prevent. Because of His authority, God's obligation to curtail evil goes far beyond our Samaritan duty to prevent evil when doing so isn't overly hard. Authorities owe their subjects a positive obligation to prevent certain evils; we have a right against our authorities that they (...) protect us. God's apparent mistake is not merely the impersonal wrong of failing to do enough good — though it is that too. It is the highly personal wrong of failing to live up to a moral requirement that comes bundled with authority over persons. To make my argument, I use the resources of political philosophy and defend a novel change to the orthodox account of authority. (shrink)